IN RE: ADMINISTRATIVE PROCEEDINGS

Admin Case No RIASNCR- MP- ADM-17-065

Against FOR: Grave Misconduct

(Irregularity in the Performance of Duty)

PCINSP Renato B. Castillo

PO2 Rodrigo Nidoy Jr.

PO2 Marvin Santos

Former SAID- SOTG, Pasig CPS, EPD

Respondents

RESOLUTION

This is regarding the administrative case file against PCINSP Renato B. Castillo, Rodrigo Nidoy Jr.,
PO2 Marvin Santos, Former SAID- SOTG, Pasig CPS, EPD for an administrative offense of Grave
Misconduct (Alleged Irregularity in the Performance of Duty) as provided in MEMORANDUM CIRCULAR
2016- 002.

The facts of the case are as follows, that on or about 9:50 PM of August 6, 2016 at Yakal Street,
Acacia Gahit, Brgy. Pinagbuhatan, Pasig City, members of the SAID- SOTG, Pasig CPS led by PCINSP
CASTILLO arrived after they have planned to conduct a buy- bust operation against Rolito Yumol Sr
@Devil. PO2 Nidoy Jr. served as the poseur buyer together with a confidential informant and PO2 Santos
as the immediate back- up. After the CI introduced PO2 Nidoy to @Devil, the latter told @Devil that he
wanted to buy shabu. After which, PO2 Nidoy handed an amount of Php 200.00 to Yumol and when the
latter sensed that the former is a police officer, drew a handgun from his sling bag instead of shabu and
fired it towards the poseur buyer but missed and jammed after the first shot. Consequently, PO2 Nidoy
returned fire and was able to hit the suspect who attained multiple gunshot wounds. @Devil was rushed
to the hospital at was declared dead on arrival by the attending physician.

The issue to be resolved in the present case is, whether or not the SAID- SOTG, Pasig CPS, EPD
particularly PO2 Nidoy Jr. followed the Rules and Regulation of the Police Operational Procedure and his
acts are under the Justifying Circumstances of the Revised Penal Code in shooting to death of Rolito
Yumol Sr.

As provided for Revised Penal Code under Article 11, para 1 - Anyone who acts in defense of his
person or rights, provided that the following circumstances concur: first. Unlawful aggression; Second.
Reasonable necessity of the means employed to prevent or repel it; Third. Lack of sufficient provocation
on the part of the person defending himself. In the case at bar, it is evident that there was unlawful
aggression on the part of @Devil because he was the first to draw a gun and shot PO2 Nidoy Jr. It is also
shown in the facts that the means used by PO2 Nidoy Jr. in repelling the unlawful aggression is
reasonable since a gun was used in the aggression, it is just right to repel it with a gun as well. Finally, it
can be said that there was no provocation on the part of the Police officer, since he was only buying as a
poseur buyer if shabu from Yumol. All the circumstances necessary for self-defense to be used to justify
PO2 Nidoy’s act are present, thus his act is justified.

Further, it is provided in PNPM- DO- DS- 3- 1 that “during an armed confrontation, only such
necessary and reasonable force should be applied as would be sufficient to overcome resistance put up
by the offender; subdue the clear and imminent danger posed by him; or to justify the force/act under
the principles of self defense, defense of relative, or defense of stranger”.

It was further stated that “A police officer, however, is not required to afford a person attacking
him the opportunity for a fair or equal struggle. His duty requires him to overcome his opponent. In the
lawful performance of his duty, the police officer must stand his ground to accomplish his mandated
task of enforcing the law and maintenance of peace and order”. Hence, it is correct to say that PO2
Nidoy was only enforcing the law as his task. The law makers intended to protect the being of Police
officers in the exercise of their duty. So, PO2 Nidoy has not committed the allege irregularity in the
performance of his Duty.

After careful perusal of the records of the case, this Summary Hearing Office is convinced that
herein respondent has not committed Grave Misconduct ( Alleged Irregularity in the Performance of
Duty), when he fired at the victim after he has been unlawfully attacked by the suspect. It is only right to
protect and preserve one’s being, this may be the rationale why police officers are protected by law
against unlawful attacks.
WHEREFORE premises considered, it is recommended that, PCINSP Renato B. Castillo, Rodrigo Nidoy Jr.,
PO2 Marvin Santos, Former SAID- SOTG, Pasig CPS, EPD be exonerated from liability since there is no
clear and convincing evidence to support the alleged Grave misconduct (irregularity in the performance
of duty). Time and again, it is being said that it would be unfair to penalize police officers who are in the
lawful exercise of their duties.