Professional Documents
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NOW COME the Respondent, by himself, and unto the Honorable Summary Hearing
Officer, PCPT CENON CARLOS MANGUBA, JR. most respectfully submit this Position
Paper, and states categorically as follows:
This is an administrative case for Less Grave Misconduct initiated by the Private
Complainant, the Honorable PCPT ALEX C PEDLING against herein Respondent, Pat Julius
Rapisura Bustique, assigned at Conner Municipal Police Station, Apayao situated in Caglayan,
Conner, Apayao1 for the alleged violation of the NATIONAL POLICE COMMISSION
(NAPOLCOM) Memorandum Circular No. 2016-002, under Part III, Rule 21, Section 2, Letter
B, Number 3 par. “c” which reads, “be drunk and disorderly while on or off duty and in
recognizable police uniforms.”
STATEMENT OF FACTS
The mendacity of the instant complaint is readily noticeable from the complaint as the
same is purely surmises, uncorroborated propositions and conjectures designed purely to divert
from the true facts of the case. Ergo, the instant Complaint must be dismissed in limine as it
seeks a relief not maintainable by law and the entire complaint is founded upon a wrong
premise.
1A copy of his PNP Personal Data Sheet is hereby attached and made an integral part hereof as Annex “1”
and series.
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Without prejudiced to the above preliminary objections as to the very maintainability
of the Complaint, Respondent wish to place the correct facts relating to the issue of the
complaint. The truth of the matter is narrated in the following chronology of relevant facts and
events, to wit:
That respondent asked PEMS Abad what’s going on. That there
and then, he was shocked when PEMS Abad punched him three
times in his stomach. That when respondent asked him as to
what was the reason why he punched him, PEMS Abad gave
him no answer at all.
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ISSUE/S
The issue presented for resolution before the Honorable Summary Hearing Officer is:
DISCUSSIONS / ARGUMENTS
Respondent had perused the Affidavit filed by the Complainant in support of the
administrative charge for Less Grave Misconduct and the respondent categorically denies the
allegations stated therein for being an amalgam of fabrication, prevarication, exaggeration of
twisted stories.
Hence, the instant Complaint must be dismissed from the very outset as it seeks a relief
not founded on facts and law but anchored on an erroneous and fallacious premise.
It is well to point out that the present administrative charge of Less Grave Misconduct
was pursuant to NATIONAL POLICE COMMISSION (NAPOLCOM) Memorandum
Circular No. 2016-002, under Part III, Rule 21, Section 2, Letter B, Number 3 par. “c” which
reads, “be drunk and disorderly while on or off duty and in recognizable police uniforms.”
Clearly from the elements presented above, nowhere in the complaint-affidavit reveals
that respondent was motivated by a premeditated, obstinate or deliberate intent of violating the
law, or disregarding any established rule, or that he wrongfully used his position to procure
some benefit for himself or for another person, contrary to duty and the rights of others to
warrant an administrative charge of Less Grave Misconduct. Therefore, respondent in this case
cannot be held liable for Less Grave Misconduct or Simple Misconduct as charge. The
Honorable Supreme Court clearly enunciated in one case as follows:
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Under the circumstances, we cannot see the element of willful
intent to violate the law or disregard of established rules on
the part of Miranda, that were observed by the DOH and the
CSC. As in fact, we give credence to the performance rating
given to Miranda covering those periods. If the allegations on
her were true, she should not have been given a very
satisfactory rating by her immediate superior during those
periods.
Even assuming ex gratia argumenti that there was a misconduct, like an altercation or
a heated arguments with respondent’s co-police officers, this is not the misconduct
contemplated by the law and the same has no direct relation to, and not connected with, the
performance of our official duties. To reiterate, the misunderstanding which occurred on July
31, 2023 has no direct relation to and be connected with the performance of the public officer's
official duties amounting either to maladministration or willful, intentional neglect, or failure
to discharge the duties of the office.
Under the above-mentioned circumstances, the charged of Less Grave Misconduct has
no leg to stand and must crumble as a sand fortress. Willful intent to violate the law or disregard
of established rules on the part of the respondent that were observed by the Philippine National
Police, which is an element of Less Grave Misconduct, is wanting in the instant case.
Further, credence must be given equally to the performance rating received by the
respondent for the entire duration of his service wherein he was a recipient of numerous medals
and commendations, to wit:
11 For his excellent skills exemplified during the conduct of Anti-Criminality and Law Enforcement Operation
that resulted to the Arrest of MELVIN VILLAREAL y CUETO that transpired on Dec. 13, 2021 at about 2:00AM
along Hermosa Street near corner Fronda Street, Brgy. 183, Zone 16, Tondo, Manila for Violation of Sec.
11, Art. II of R.A. 9165.
12 For his excellent skills exemplified during the conduct of Oplan Libreng Sakay along Stretch of Del Fierro,
Tondo, Manila on Dec. 7, 2021 at about 9:20AM onwards. His acts of goodness show that there are still
many good cops in the PNP who are willing to serve specially during Pandemic. His contribution due to
scarcity of Public Utility Vehicles (PUV’s) during ALERT LEVEL 2, Social Distancing and Mandatory Waering
of Facemask at Gagalangin PCP.
13
For his exemplary and efficient performance of duty that resulted to the successful apprehension of one
(1) male suspect Fortunato Villafuerte y Gomez xxx which shows his commitment to serve and protect the
constituents thru an honest service of truth which should be emulated by every member of this Police
Community Precint.
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Adriatico Police Comm. Precinct
PNP NCRPO MPD
Certificate of Commendation14 Sept. 3, 2018 “6”
UN Avenue, Ermita, Manila
DILG Phil. Public Safety College
Commendation Nat’l. Police Training Institute Jan. 29, 2016 “7”
Regional Training Center
Minante 1, Cauayan City, Isabela
NAPOLCOM PNP
Commendation Cagayan Police Provincial Office Dec. 2, 2015 “8”
Tuguegarao City
NAPOLCOM PNP
Commendation Tuguegarao City Police Station Nov. 16, 2015 “9”
Tuguegarao City, Cagayan
NAPOLCOM PNP
Commendation Tuguegarao City Police Station Aug. 24, 2015 “10”
Tuguegarao City, Cagayan
NAPOLCOM PNP
Commendation Cagayan Police Provincial Office July 20, 2015 “11”
Tuguegarao City
❖ For his excellent skills exemplified during the conduct of Oplan Libreng
Sakay along Stretch of Del Fierro, Tondo, Manila on Dec. 7, 2021 at about
9:20AM onwards. His acts of goodness show that there are still many good
cops in the PNP who are willing to serve specially during Pandemic. His
contribution due to scarcity of Public Utility Vehicles (PUV’s) during
ALERT LEVEL 2, Social Distancing and Mandatory Waering of Facemask
at Gagalangin PCP;
❖ For his exemplary and efficient performance of duty that resulted to the
successful apprehension of one (1) male suspect Fortunato Villafuerte y
Gomez xxx which shows his commitment to serve and protect the constituents
thru an honest service of truth which should be emulated by every member of
this Police Community Precinct; and
14 For his outstanding performance displayed during the conduct of Buy-bust Operation on July 25, 2018 at
No. 3115 A. Bautista St., Punta, Sta. Ana, Manila which led to the arrest of MYLA MALINAO y ESPINOSA and
4 others for violations of Section 26 in relation to Section 5 (Conspiracy in Selling of Dangerous Drugs) and
Section 11 (Possession of Dangerous Drugs) Article II of R.A. 9165 (Comprehensive Dangerous Drugs Act
of 2002). The operation also resulted in the recovery of seven (7) heat sealed plastic sachet suspected to
be “shabu” and buy-bust money amounting to Php500.00.
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operation also resulted in the recovery of seven (7) heat sealed plastic sachet
suspected to be “shabu” and buy-bust money amounting to Php500.00, among
others.
15 Website of Police Regional Office 10, Camp 1 Lt Vicente G. Alagar, Cagayan de Oro City.
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The Medalya ng Papuri or PNP Commendation Medal is an award given to
members of the PNP for demonstrating exemplary efficiency, devotion, and
loyalty to their duty assignments, and taking part in the PNP's Internal
Cleansing Reward and Punishment System, according to the government
website, the Official Gazette16.
It cannot be denied that Respondent’s active participation to the PNP’s program and
perseverance in the performance of his sworn duties, and his wholehearted display of
cooperation in carrying out such an outstanding performance speaks well of his dedication and
commitment to excel which is worthy of emulation and have greatly contributed to the success
of the PNP’s movement against criminality and every nemesis of our society.
Under the circumstances, we cannot see the element of willful intent to violate the law
or disregard of established rules on the part of Miranda, that were observed by the DOH and
the CSC. As in fact, we give credence to the performance rating given to Miranda covering
those periods. If the allegations on her were true, she should not have been given a very
satisfactory rating by her immediate superior during those periods.
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In view of the foregoing and in light of the circumstances presented above, respondent
respectfully urge and pray for the indulgence of this Honorable Office, to carry out a more
relaxed and less rigid application/imposition of administrative penalty and resolve to dismiss
the instant complaint for Less Grave Misconduct against the respondent.
PRAYER
Copy Furnished:
10 | P a g e
Republic of the Philippines )
Municipality of _________ ) S.S.
VERIFICATION
I, PCpl RODOLFO CAUILAN MALANA, JR., of legal age, Filipino, a bona fide
member of the Philippine National Police under Badge Number 260553 and presently assigned
at Conner Municipal Police Station, Apayao located in Caglayan, Conner, Apayao, after
having been duly sworn in accordance with law, under oath, do hereby depose and state: That
–
I have caused the preparation of the foregoing verified Position Paper before the
Honorable Summary Hearing Officer; and
I have read and understood its content and the same are true and correct of my
own personal knowledge and/or based on authentic documents.
IN WITNESS WHEREOF, I have set my hand this ___ day of ______________ 2023,
at ________________, Philippines.
Doc. No.:______;
Page No.:______;
Book No.:______;
Series of 2023.
11 | P a g e
CONFIDENTIAL
Republic of the Philippines
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE
Police Regional Office Cordillera
Camp Major Bado Dangwa, La Trinidad, Benguet
I. GENERAL INFORMATION
1. NAME (Last Name, First Name, Middle Name, Qualifier)
MALANA RODOLFO CAUILAN JR
2. RANK 3. DESIGNATION 4. DATE DESIGNATED
PCpl 08/30/2023
10. HOME ADDRESS (House No. / Street / Mun. / City / Province) 11. PHONE #
0085 PUROK 4 MASICO, / Caglayan (New Pob.) / CONNER / APAYAO 09324880064
12. SEX: 13. CIVIL STATUS: 14. RELIGION
Male Married Roman Catholic
15. COLOR OF EYES 16. HEIGHT (cm.) 17. WEIGHT (kgs.)
BROWN 176 70
18. BLOOD TYPE : 19. BUILD: 20. COMPLEXION
A+ MEDIUM FAIR
21. COLOR OF HAIR: 22. IDENTIFYING MARKS
BLACK None
23. LANGUAGES/DIALECT (Read/Write/Speak) 24. ETHNIC GROUP
English, Tagalog ITAWES
25. HOUSING DATA:
Rent house
25. DEPENDENTS
Signature page: 1
CONFIDENTIAL
II. APPOINTMENT DATA
26. AUTHORITY FOR PRESENT RANK 27. EFFECTIVITY DATE (mm/dd/yy) 28. IF TEMP, STATE REASON
MODE/STATUS OF PROMOTION
SO NCRPO-SO-PR-2019-2103 NCRPO
dtd 03/27/2019 03/15/2019(Permanent)
29. AUTHORITY FOR PREVIOUS RANK 30. EFFECTIVITY DATE (mm/dd/yy) 31. ABSORPTION ORDER
MODE/STATUS OF PROMOTION
GO 0099 NCRPO dtd 01/11/2015
10/30/2014(Temporary)
32. AUTHORITY FOR APPOINTMENT/CAD 33. EFFECTIVITY DATE / SOURCE OF 34. ORIGINAL RANK/UNIT
AS OFFICER/PCO COMMISSION
35. AUTH FOR APPT AS PNCO/ 36. DATE ENTERED MIL/ 37. CSC ACCREDITED SVC
CADET/EP/PATROLMAN POLICE SERVICE (RANK) (DATE ENTERED/POSITION/OFFICE)
IV. TRAINING
COURSE TITLE CLASS NUMBER LOCATION AUTHORITY NO. OF HOURS INCLUSIVE DATE
A. Mandatory Course
V. ELIGIBILITIES
DATE TAKEN TITLE TEST CENTER RATING
04/10/2022 NAPOLCOM 3rd / NAPOLCOM Police Officer 3rd MARIKINA CITY 72.05%
CLASS
04/23/2017 NAP PO EXAM / POLICE OFFICER EXAM NCR 71.40%
(NAPOLCOM)
11/09/2014 NAP PO1 ENT / PNP ENTRANCE EXAM WEST CENTRAL HIGH SCHOOL 71.37%
(NAPOLCOM)
Signature page: 2
CONFIDENTIAL
PRO CORDILLERA APPO, CONNER MPS Admin PNCO SO 2023-50 dtd 05/25/2023 PRO 05/25/2023
CORDILLERA
PRO CORDILLERA APPO, CONNER MPS SO 2023-46 dtd 05/22/2023 PRO 05/22/2023
CORDILLERA
PRO CORDILLERA APPO, HQS APAYAO PPO SO PROCOR-SO-RA-2023- PRO 05/15/2023
1073 dtd 05/12/2023 CORDILLERA
PRO CORDILLERA RHQS, ORPRMD-RPHAS Enroute-to-Join SO NHQ-SO-URA-2023-3198 DPRM 04/26/2023
dtd 04/26/2023
NCRPO MPD, STN 10 (PANDACAN) Beat Patrol OO 2023-005 dtd 01/18/2023 NCRPO 01/18/2023
NCRPO MPD, STN 1 (BALUT, TONDO) Admin PNCO OO 2021-110 dtd 10/15/2021 NCRPO 10/13/2021
NCRPO MPD, STN 9 (MALATE) Desk Officer OO 2021-031 dtd 05/31/2021 NCRPO 06/01/2021
NCRPO MPD, STN 9 (MALATE) Custodial Officer SO 2021-047 dtd 05/05/2021 NCRPO 05/05/2021
NCRPO MPD, STN 9 (MALATE) Beat Patrol SO 2019-082 dtd 09/23/2019 NCRPO 09/24/2019
NCRPO MPD, STN 9 (MALATE) Beat Patrol OO 2021-006 dtd 01/10/2021 NCRPO 09/20/2019
Signature page: 3
CONFIDENTIAL
Medalya ng Papuri GO#NCRPO-GO-AW-2023-5773 dtd PMGEN OKUBO
04/27/2023, NCRPO
Medalya ng Kagalingan GO#NCRPO-GO-AW-2023-2259 dtd PMGEN ESTOMO
02/17/2023, NCRPO
Medalya ng Kasanayan GO#NCRPO-GO-AW-2022-10622 dtd PBGEN ESTOMO
09/29/2022, NCRPO
Medalya ng Paglilingkod sa Luzon GO#NCRPO-GO-AW-2022-6464 dtd PMGEN NATIVIDAD
06/17/2022, NCRPO
Medalya ng Kagalingan GO#NCRPO-GO-AW-2022-6080 dtd PMGEN NATIVIDAD
06/03/2022, NCRPO
Medalya ng Kasanayan GO#NCRPO-GO-AW-2022-5537 dtd PMGEN NATIVIDAD
05/18/2022, NCRPO
Medalya ng Kasanayan GO#NCRPO-GO-AW-2022-4318 dtd PMGEN NATIVIDAD
04/11/2022, NCRPO
Medalya ng Kasanayan GO#NCRPO-GO-AW-2022-3940 dtd PMGEN NATIVIDAD
04/06/2022, NCRPO
Medalya ng Kagalingan GO#NCRPO-GO-AW-2022-2872 dtd PMGEN NATIVIDAD
03/22/2022, NCRPO
Medalya ng Pagtulong sa Nasalanta GO#NCRPO-GO-AW-2022-132 dtd PMGEN DANAO, JR
01/12/2022, NCRPO
Medalya ng Kasanayan GO#NCRPO-GO-AW-2021-11200 dtd PMGEN DANAO, JR
12/28/2021, NCRPO
Medalya ng Paglilingkod Laban sa GO#NCRPO-GO-AW-2021-8129 dtd PMGEN DANAO, JR
Kriminalidad 09/21/2021, NCRPO
Medalya ng Kasanayan GO#NCRPO-GO-AW-2020-17784 dtd PMGEN SINAS
11/09/2020, NCRPO
Medalya ng Kadakilaan GO#NCRPO-GO-AW-2020-14187 dtd PMGEN SINAS
09/17/2020, NCRPO
Medalya ng Papuri GO#NCRPO-GO-AW-2020-12328 dtd PMGEN SINAS
08/15/2020, NCRPO
Medalya ng Kadakilaan GO#NCRPO-GO-AW-2020-10980 dtd PMGEN SINAS
08/04/2020, NCRPO
Medalya ng Kadakilaan GO#NCRPO-GO-AW-2020-9896 dtd PMGEN SINAS
07/20/2020, NCRPO
Medalya ng Kagalingan GO#NCRPO-GO-AW-2020-7387 dtd PMGEN
06/06/2020, NCRPO
Medalya ng Papuri GO#NCRPO-GO-AW-2020-5907 dtd PMGEN SINAS
04/20/2020, NCRPO
Medalya ng Kasanayan GO#NCRPO-GO-AW-2020-4458 dtd PMGEN SINAS
03/23/2020, NCRPO
Medalya ng Kagalingan GO#NCRPO-GO-AW-2019-9704 dtd PBGEN SINAS
12/23/2019, NCRPO
Medalya ng Kasanayan GO#NCRPO-GO-AW-2019-8987 dtd PBGEN SINAS
12/12/2019, NCRPO
Medalya ng Paglilingkod Laban sa GO#NCRPO-GO-AW-2019-6171 dtd PMGEN ELEAZAR
Kriminalidad 10/11/2019, NCRPO
Medalya ng Kagalingan GO#NCRPO-GO-AW-2019-4314 dtd PMGEN ELEAZAR
10/01/2019, NCRPO
Medalya ng Papuri GO#NCRPO-GO-AW-2019-2489 dtd PMGEN ELEAZAR
07/15/2019, NCRPO
Medalya ng Kasanayan GO#NCRPO-GO-AW-2019-2089 dtd PMGEN ELEAZAR
07/01/2019, NCRPO
Medalya ng Kasanayan GO#NCRPO-GO-AW-2019-1195 dtd PMGEN ELEAZAR
05/21/2019, NCRPO
Medalya ng Kasanayan GO#NCRPO-GO-AW-2019-950 dtd PMGEN ELEAZAR
05/03/2019, NCRPO
Medalya ng Papuri GO#306 dtd 01/10/2019, NCRPO PMGEN ELEAZAR
Medalya ng Papuri GO#17914 dtd 10/10/2018, NCRPO PMGEN ELEAZAR BB OCTOBER 2018
Medalya ng Kasanayan GO#11981 dtd 07/04/2018, NCRPO PBGEN ELEAZAR BB JULY 2018
Medalya ng Kasanayan GO#9721 dtd 06/19/2018, NCRPO PBGEN ELEAZAR BB JUNE 2018
Signature page: 4
CONFIDENTIAL
Medalya ng Papuri GO#3936 dtd 03/09/2018, NCRPO PDIR ALBAYALDE
Medalya ng Kasanayan GO#2898 dtd 01/29/2018, NCRPO PDIR ALBAYALDE bb jan 2018
Medalya ng Papuri GO#2718 dtd 01/25/2018, NCRPO PDIR ALBAYALDE bb jan 2018
Medalya ng Papuri GO#1061 dtd 01/18/2018, NCRPO PDIR ALBAYALDE bb jan 2018
Medalya ng Kasanayan GO#3841 dtd 08/01/2017, NCRPO PDIR ALBAYALDE BB AUG '17
Medalya ng Papuri GO#1452 dtd 04/17/2017, NCRPO PDIR ALBAYALDE bb apr 2017
Medalya ng Kasanayan GO#3399 dtd 06/29/2016, NCRPO PDIR PAGDILAO BB JUNE 2016
Tsapa sa Natatanging Yunit GO#1136 dtd 05/12/2016, NHQ PNP PDG RICARDO C 2016 NATIONAL &
MARQUEZ LOCAL ELECTIONS
Letter of Commendation LO# dtd 11/26/2015, OCPNP PDG RICARDO C APEC LEADERS
MARQUEZ MEETING
CASE STATUS/
NATURE OF IMPLEMENTING
CASE NATURE SPECIFIC OFFENSE PENALTY REMARKS
OFFENSE ORDERS
IMPOSED
Signature page: 5
CONFIDENTIAL
Second Semester - 2020 89.2 Very Satisfactory
XVIII. CERTIFICATION
"I CERTIFY to the truthfulness, correctness and accuracy of the foregoing data. I hold myself for perjury and shall
be dealt with in accordance to the provisions of NAPOLCOM MC 2016-002, (The Uniform Rules of Procedures before the
Disciplinary Authorities and the Internal Affairs Service of the PNP), and/or 2017 RACCS (The Rules on Administrative
Cases in the Civil Service) for any misrepresentation."
LEFT RIGHT
THUMBMARK
Signature page: 6
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