-continuation of the Pre-Charge Investigation Report re

Grave Misconduct committed by PO3 Rolando

T Ramos
Xxx---------------------------------------------------------------xxX

4. In his affidavit, he averred that on July 30, 2016 at around 7:00 PM, he
went at the residence of his friend Jayson B. Almazan at No. 5 Santol St., Pengue-
Ruyu, Tuguegarao City for a visit onboard his Toyota Corolla bearing plate number
PRZ 390. He asked his friend if he can stay overnight in his house because he was
so tired and sleepless and further told him that he will render his duty the following
day and opted not to be disturbed by friends. At around 10:00 PM of same date, after
their dinner he parked his car infront of the house of his friend. After which, he locked
the doors and windows of his car. At around 6:00 AM of July 31, 2016, when he
woke up he was so upset and trembling in agony when he discovered that the said
vehicle was ransacked by unidentified perpetrator by breaking the window,
particularly at the driver’s side. Allegedly, the perpetrator carted his black sling bag
containing his issued firearm described as a Cal.9mm STOEGER COUGAR 8000F
bearing SN T6429-09A007066 with two magazines loaded with 15 rounds of
ammunition, PNP ID, PRC License, Pag-Ibig ID and cash amounting to six thousand
pesos (PhP6,000.00). Immediately thereafter, he and his friend went to the barangay
hall where the duty kagawad at that time was Marvin Llanto. They requested to
assist them to investigate the nearby and adjacent residents for the possible
recovery of his belongings and identification of the perpetrators. Despite of the
exhaustive efforts to locate his belongings, it turned futile. Subsequently thereafter,
documentation and photograph were conducted while he was begging for help for
the possible recovery of the looted items. He failed to report the incident immediately
to his superiors because of his high hopes that his issued firearm will be recovered
(Copy of the affidavit of PO3 Ramos is hereto attached as annex “D”).

5. In the affidavit of Jayson B. Almazan, he corroborated the contentions of

PO3 Rolando T Ramos (Copy of the affidavit of Jayson Almazan is hereto
attached as annex “E”).

6. On July 2, 2018, this Office sent a notice to PO3 Rolando T Ramos, PNP
member of PMFC, Cagayan PPO for him to submit his comment/counter affidavit
within five days from receipt as this Office has initiated a Pre-Charge Investigation
against him for the offense of Grave Misconduct under the provisions of
NAPOLCOM MC 2016-002 for the loss of his issued firearm (Copy of the Notice is
hereto attached as annex “F”).

7. In the counter affidavit executed by PO3 Rolando T Ramos, he averred that

contrary to the allegations against him, he firmly believed that the loss of his issued
firearm was neither attended by any deliberate effort nor gross negligence on his
part and that there is wanting of any valid grounds to indict him for grave misconduct
(Copy of the counter affidavit of PO3 Ramos is hereto attached as annex “G”).

8. The issue to resolve now is whether or not subject PNCO is liable for any
offense arising from the loss of his issued firearm. Did he commit negligence in the
proper care and safekeeping of his issued firearm?

9. Based on the circumstances and pieces of evidence on hand, clearly, the

issued firearm of PO3 Rolando T Ramos was indeed lost. However, the
circumstances regarding how it was lost is doubtful. It is merely an alibi and self-
-continuation of the Pre-Charge Investigation Report re
Grave Misconduct committed by PO3 Rolando
T Ramos
Xxx---------------------------------------------------------------xxX

serving. It is only a drama designed to hide something, hence, it has no probative

value. Granting that the loss of his issued firearm was not due to his laxity and
carelessness, why is it that it took him 16 days to report the incident. As an SOP, he
should have reported the incident immediately to the nearest police station for the
conduct of ocular inspection for a just and fair investigation. What even glaring is that
when he reported the incident to PO2 Edwin R Pagulayan, the duty investigator of
Tuguegarao City PS, he failed to present his vehicle for the conduct of ocular
inspection. Be it also noted that the loss of his issued firearm did not happen during
the actual performance of his duties and responsibilities as a PNP member.
Considering that the firearm is a government issued property, he should have not left
it unattended. Should it be more prudent to bring his issued firearm with him, taking
into account that nobody was left behind his vehicle to secure his belongings? He
should have exerted extra care, precaution and diligent effort to secure his things
most specially his issued firearm which is a government property. These lapses
could give the presumption that the respondent has failed to exercise the proper
handling of and safekeeping of government property issued and entrusted to him.
Thus, his administrative liability is beyond dispute.

10. Time and again, we are always reminded that PNP members shall
promote and maintain a sense of responsibility in the protection, proper care and
judicious disposition and use of public property issued for their official use or
entrusted to their care and custody just like “a good father of their family”. Failure
to undertake these precautions will make his act as one of definite laxity and
negligence which is tantamount to Grave Misconduct punishable under NAPOLCOM
Memorandum Circular 2016-002.

11. All told, after careful evaluation of the circumstances of this instant case,
this Office finds that there is a probable cause to indict PO3 Rolando T Ramos for
the offense of Grave Misconduct under the provisions of NAPOLCOM Memorandum
Circular 2016-002 particularly Rule 21, Section 2, Paragraph C, Sub Para 3 (n)
“(deliberately or through gross negligence, destroy, damage or lose
government property entrusted to him for official use)”.

12. WHEREFORE premises considered, respectfully recommend that this

instant case against PO3 Rolando T Ramos be subjected for Summary Hearing
Proceedings to properly determine the extent of his administrative liabilities and for
him to have full opportunity to due process. Further recommend that SPO4 Romeo
P Esquibil be designated as the Summary Hearing Officer.

13. Request approval of para 12.

LEONARDO M OBISPO
Police Senior Inspector
C, PCEIS
-continuation of the Pre-Charge Investigation Report re
Grave Misconduct committed by PO3 Rolando
T Ramos
Xxx---------------------------------------------------------------xxX

CONFORMED:

RENATO B MALLONGA
Police Senior Superintendent
Chief, Regional Investigation and
Detective Management Division

Approved/Disapproved

JOSE MARIO M ESPINO

Police Chief Superintendent
Regional Director
Date of Approval________