Republic of the Philippines

National Police Commission

BULACAN POLICE PROVINCIAL OFFICE
PROVINCIAL LEGAL OFFICE
Camp General Alejo S. Santos, City of Malolos, Bulacan

MEMORANDUM

TO : OIC, PPHRDB

FROM : C, PLO-Bulacan

SUBJECT : Legal Opinion on the LOD Proceedings of the Late PO2

Danilo L Alabay

DATE : June 27, 2018

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1. Reference: Memorandum from that Office dated June 25, 2018

on the aforementioned subject with attached relevant documents.

2. This pertains to the request for legal opinion relative to the LOD
Proceedings of the late PO2 Danilo L Alabay to determine whether his death was in
line of duty.

3. The facts as pointed out in the LOD Proceedings and pieces of

evidence presented states that sometime on May 6, 2018 at about 10:30 PM, PO2
Alabay while performing his duty as investigator of PCP 2 was rushed to Skyline
Hospital by elements of PCP 2 due to alleged hypertension. Upon arrival at the
Hospital and while being checked by the duty nurse at the emergency room, PO2
Alabay suddenly lost consciousness and was put into the Internal Care Unit due to
the state of Comatose. On May 11, 2018, PO2 Alabay succumbed to his illness and
was pronounced dead by the attending physician at about 2:31 AM.

4. In this regard, the death of Late PO2 Alabay is considered to

have occurred while he was in active duty and while in the performance of his
mandated functions. Thus, the same is considered to be in line of duty and
compensable as provided under Item No. 5 d. of PNP Memorandum Circular No.
2016-061 provides:

“Death in the Line of Duty – refers to death that was caused while
in the performance of duty or occasioned by a fortuitous event,
force majeure, or any other act of a third party without fault or
negligence attributable to the deceased personnel. Provided, that,
where the death was due to the personnel’s own act, the latter
must not be self-inflicted or abetted by his/her gross negligence,
alcoholism, drug addiction, or abuse of authority. Provided,
further, that the phrase “line of duty” shall include going to and
coming from his/her office or while on leave or on administrative
mission. xxx” (emphasis supplied)
 5. Considering the foregoing and absent any indication of
negligence on the part of the subject PNCO, the undersigned respectfully concurs
with the findings of the LOD Board that the death of Late PO2 Alabay is no doubt to
be in line of duty.
6. Submitted for your information.

ATTY ARIEL C ALVARADO

Police Superintendent