Sunteți pe pagina 1din 5

Republic of the Philippines

Department of the Interior and Local Government


BUREAU OF JAIL MANAGEMENT AND PENOLOGY
RBJMP 4-B (MIMAROPA)
JD Building, Pastor Road, Gulod Labac, Batangas City
Tel/Fax (043) 702-3735; e-mail rivbbjmpro@gmail.com
BJMPRO IV-B represented by
JO2 Claudette A Abutar, JMP
Bureau Prosecutor
Complainant,
-versus-

Admin Case NO. 2016-03

-for-

JO1 Albert P Espillo


Serious Neglect of Duty
Respondent,
x--------------------------x
POSITION PAPER
COMPLAINANT, through

the undersigned Regional Prosecutor, unto this

Honorable Hearing Officer, most respectfully submits this position paper and avers
the following to wit:
PRELIMINARY STATEMENT
Neglect of duty is the omission to perform a duty. It has
reference to the or failure on the part of a public officer to do and to
perform some duty laid on him as such by virtue of his office or
which is required of him by law. It is not material whether the
neglect is willful, through malice, ignorance or oversight, when such
neglect

is

of

such nature

as

to

put

the

government

into

disadvantage and endanger public safety, it is gross or serious.


THE PARTIES
The complainant is the Bureau of Jail Management and Penology
represented

by

the

BJMP

MIMAROPA

Regional

Prosecutor,

government

agency created under RA 6975 with the mandate of

safekeeping and rehabilitation of inmates in all district, city and


municipal jails.

The respondents, J/INSP DARWIN S MOTILLA, JO3 Arvin Reyes,


JO1 Christopher M Madarang, and JO1 Albert S Espillo, all of whom
assigned at San Jose District Jail, San Jose Occidental Mindoro, were
all charged with Serious Neglect of Duty after an incident wherein
seven (7) inmates identified as Demetrio R. Soriano, Rejoy B. Achico, Ryan B. Sabal,
Dennis D. Palma, Rasid A Sultan, Levi James G. Jaranilla and Rodrigo P. Agustin
successfully escaped from San Jose District Jail, San Jose, Occidental Mindoro on
July 15, 2016 around 1:30 oclock in the morning.

STATEMENT OF FACTS
As culled from the records of the case, the following are the pertinent facts;
The incident happened when INSP DARWIN MOTILLA, Jail Warden of San
Jose District Jail was on official travel covered by Letter Orders issued by BJMP IV-B
to attend Seminar on Public Service Ethics and Accountability (PSEA, 2 nd Quarter
Management Conference and Lakbay Aral) at Calamba and Dagupan City Jails on
July 13-14, 2016.
In BJMPRO-IVB Special Order No. 2016- 48 dated 08 July 2016, SJO4 Arnel
S Mampusti is designated as the Officer-in-Charge of San Jose District Jail effective
11 July 2016 and self-terminated upon the return of the incumbent Warden who,
during that time will attend the PSEA Seminar, 2 nd Quarter Management Conference
and Lakbay Aral.
JO1 Margie R Madarang is the designated Admin JNCO of San Jose District
Jail who failed to inform her Deputy Warden SJO4 Arnel S Mampusti as the Officerin-Charge effective 11 July 2016.
As indicated in the duty detail dated July 1, 2016, the duty personnel on
141400H-142200H July 2016 were JO3 Arvin P Reyes, JO1 Christopher G Madarang
and JO1 June Carlo M Zamora, while the duty from 142200H-150600H July 2016
were JO3 Rodelito R Aceveda, JO2 Nover G Danseco, and JO1 Albert P Espillo.
JO3 Aceveda failed to report for duty due to CARBUNCLE as indicated in the
medical certificate duly signed by Dr Levon Franco VRF Baldoza while JO2 Nover
G Danseco was allegedly on leave during their turn to render duty as custodial. It was
only JO1 Albert P Espillo who took post together with JO3 Arvin P Reyes and JO1
Christopher G Madarang on 142200H-150600H July 2016.
Records also shows and as admitted from the affidavits of respondents, that
the jail is adopting the system of one (1) week duty one (1) week off, in which the
team compose of six members (an Officer of the day, a team leader, and four (4) jail

officers), further subdivide the duty into three (3) shifts, the interval of which is from
0600H-1400H, 1400H-1000H, and 1000H-0600H.
O/a 151330H July 2016, seven (7) inmates namely Demetrio R. Soriano
with Violation of Sec 11 and 12, Art II of RA 9165, Rejoy B. Achico with Violation
of RA 10591/Murder/Robbery/Robbery with Force Upon Things, Ryan B Sabal with
Violation of Sec 5 and 11 of RA 9165, Dennis D Palma for Rape in Relation to RA
7610, Rasid A Suiltan for Robbery with Homicide, Levi James G. Jaranilla for
Carnapping/Slight Physical Injuries and Rodrigo P. Agustin for Direct Assault Upon
an Agent of Person in Authority, successfully escaped from San Jose District Jail by
bending up the iron grills of the secondary control gate and squeezed themselves out,
took the keys of the facility, opened the main door and then dashed to freedom
unnoticed by the sleeping custodial duty personnel under the influence of liquor due
to the drinking spree therein prior to the incident. The escapees carted away a one
(1) .9mm caliber pistol, one (1) sling bag containing cash amounting to Two
Thousand Pesos (P2,000.00), one (1) ATM Card and prison cell keys including the
key of the issued prisoners van.
On 150700H July 2016, Rodrigo P Agustin accompanied by his mother
voluntarily surrendered and gave his comprehensive view on how they conceptualized
the incident stating therein that prior to the incident, he observed that the duty
personnel were having a drinking spree beside the jails main gate. In addition, he
stated that on 142100H July 2016, duty personnel entered the jail for dinner and
afterwards went to sleep.
JO1 Albert P Espillo, in his affidavits, disclosed that he was one of the duty
personnel on 14 July 2016 and at around 0115H the following day, JO1
Madarang,who after rendering a duty for the period 14 0000H-1000H July 2016 asked
permission from him to attend an emergency at home for his sick child which the
former agreed and closed the gate after the latter left the premises. Thereafter, he
returned to his mattress just beside the Desk and eventually fell asleep.
Having the opportunity, inmate Jaranilla and other cellmates conceptualized the
escape and at around 0130H of July 15, 2016, inmate Jaranilla executed the plan by
bending up the steel bar creating an exit hole just beside the secondary control gate
then pushed the book shelves and squeezed himself out. Inmate Jaranilla took the
possession of the keys and the service firearm of JO1 Espillo. Upon observing that no
personnel is awake, he opened the main gate and signaled for the remaining inmates
to follow him.
On or around 150145H July 2016, JO3 Arvin Reyes woke up to urinate but his
attention was caught when he noticed the main control gate was left open, as he
gleaned his eyes towards the secondary control gate, he noticed a bar bended
upwards and the seven inmates who used to stay in the hallway were already missing.
Sensing a possible escape incident, he alerted all duty personnel and after headcount,
seven inmates were confirmed missing.
After a while, JO1 Espillo was awakened when JO3 Reyes shouted that inmates
have escaped. He immediately searched for his sling bag containing his issued

firearm, IDs and ATM but it was nowhere to be found. He then borrowed the service
firearm and motorcycle of one of his colleagues, searched the vicinity of San Jose for
the whereabouts of the escapees. He chased the inmates at the aromahan and tried to
stop them by firing shots against the inmates but still managed to escape and scamper
to different directions.
Upon arrival at Aroma Beach, Brgy San Jose, he saw the six (6) escapees and
shouted to stop but continue to run and scampered in different directions prompting
him to fire five (5) shots but still resulted to futile so he decided to go back to jail to
ask for reinforcement.
A thorough searched was conducted within the vicinity of the jail but efforts were
made futile. He immediately informed his warden. All available personnel were
alerted and the PNP San Jose were also notified. A recovery team was then activated
composed of personnel of San Jose District Jail and the PNP elements to track down
the escapees. They were later joined by some personnel of the regional office.
The statement of JO1 Christopher Madarang confirmed that he left the jail to
attend his sick child but upon learning the incident he proceeded back and joined the
recovery team.
On the other hand, JO1 Margie Madarang, Admin JNCO deposed that in the
afternoon of 10 July 2016, she received an e-mail from the regional office containing
a Special Order designating SJO4 Arnel Mampusti as the Officer-in-Charge of San
Jose District Jail effective 11 July 2016 and immediately informed their warden.
The designated OIC SJO4 Arnel J Mampusti averred that sometime in the 3rd
week of June 2016, his warden INSP DARWIN MOTILLA requested him to render
straight duty as the latter will relieved his (Mamusti) duty uy the following month.
That on 30 June 2016, INPS MOTILLA made a cellular phone call informing him that
he may leave the jail facility as he (MOTILLA) will be reporting to jail the following
day. In addition, he further stated that he was not in any way informed by anybody
regarding his designation as OIC, such as that, he was not in the facility when the
incident happened and only learned of it in the morning of 15 July 2016.

ISSUES
A. WHETHER OR NOT THE RESPONDENT IS GUILTY OF SERIOUS
NEGLECT OF DUTY FOR FAILING TO MAN HIS POST WITH DILIGENCE
TRANSLATED BY LITERALLY SLEEPING WHILE ON POST

DISCUSSION/ARGUMENTS
THE RESPONDENT IS GUILTY OF SERIOUS NEGLECT OF DUTY
The prosecution respectfully submits that JO1 Albert P Espillo is guilty of
Serious Neglect of Duty.
Section 2 , para 2, Rule IV of the Revised BJMP Manual provides:
xxxx
g. Sleeping while on duty provided that when an escape occurred while the
officer was asleep, the charge shall be Serious Neglect of Duty xxxxx
Based on the admission in his affidavit, respondent JO1 Espillo is sleeping
while the inmates manage to escape from the jail and took his firearm kept inside his
sling bag. He is the duty sentinel at the time of escape and was sleeping while the
inmates squeezed themselves out of the cell, opened the main door and successfully
left the jail unnoticed by the sleeping personnel.
The prosecution interposed no objection to any mitigating circumstances
interposed by respondent JO1 Espillo. It is the duty of the prosecution not just to seek
conviction of the respondent but also to see to it that justice has been done in favor of
the government and of the accused.

PRAYER