Republic of the Philippines

NATIONAL POLICE COMMISSION

PHILIPPINE NATIONAL POLICE
SOUTHERN POLICE DISTRICT OFFICE
PASAY CITY POLICE STATION
MALIBAY POLICE COMMUNITY PRECINCT
Apelo Cruz Extn., Malibay, Pasay City

PHILIPPINE NATIONAL POLICE, NCRPO-SPD-DIST HQS- 2018-0034

Complainant, FOR: Grave Neglect of Duty

-versus-

PO1 Jaspher L Fernando, TCPS, SPD

Respondent.
x---------------------------------------------------x

RESOLUTION
This resolves the administrative case filed against PO1 Jaspher L Fernando, while
being assigned at the Taguig City Police Station was administratively charged for Grave
Neglect of Duty after a complaint was filed against him by PCINSP KARLOS P LANUZA,
Chief, DIU, SPD. The Charge Sheet reads as follows:

“That the above respondent while being an active member of the

PNP, assigned with the different Police Station under Southern Police
District, Fort Bonifacio, Taguig City did then and there, committed the
offense of GRAVE NEGLECT OF DUTY for incurring twenty-three (23) days
of consecutive absences from January 11, 2018 up to February 2, 2018,
this offense being defined and penalized under NAPOLCOM
Memorandum Circular No. 2016-002 Rule 21 C-1 paragraph “J”.”

During the conduct of Pre-Charge Evaluation, the evaluator found probable cause
to indict the said respondent for Grave Neglect of Duty defined and penalized under
Napolcom Memo Circ. No. 2016-002 and recommended that he undergo Summary
Hearing Proceedings.

The undersigned Summary Hearing Officer assumed jurisdiction of this

administrative case based on a Memorandum issued by PSUPT REYNALDO MICHAEL
ISIDRO EM AGONCILLO II dated May 21, 2018 with subject Transmittal of Case Folder
for the Conduct of Summary Proceedings. Thus, a summons were sent on May 22, 2018
at Taguig Police Station, SPD by the SHO to the respondent for him to appear and bring
with him an Answer or Counter Affidavit on May 23, 2018 at around 10:00AM at the
Malibay Pasay PCP, Apelo Cruz Extension, Malibay, Pasay City. Said notice was
received by the Station Tactical Operation Center and acknowledged by PO2 Moral on
the same date. However, on the scheduled proceedings, the respondent failed to appear
or submit his answer. Another summon or Notice to Report was sent at his last known
assigned at RFMB, SPD, Fort Bonifacio, Taguig City and directed him to appear on May
26, 2018 but the same was ignored by the respondent by his non-appearance. Finally,
a Notice to Report was sent by the SHO to PO1 Fernando via LBC Express on May 26,
2018 directing him to appear on May 28, 2018 but respondent failed to appear despite
due notice constraining the Summary Hearing Officer to submit this administrative case
for resolution in Ex-Parte. Determining the merits of the case based on the available
records at hand and an assumption of general denial of the charges against the
respondent.
 The issue that needs resolution is whether or not PO1 Jaspher Fernando is
administratively liable for grave neglect of duty.

In an EX-PARTE proceedings, just like all other waivable rights, the respondent’s
right to be heard in an administrative action is deemed waived by his non-participation
and non-compliance with the orders of the Summary Hearing Officer despite due notice.
Hence, the provision of SEC. 13 of the NAPOLCOM MEMORANDUM CIRCULAR NO.
2016-002 should be applied stating the “Effect of Failure or Refusal of Respondent to
Appear. – If the respondent, despite due notice, fails or refuses to appear without
justifiable reason during the scheduled hearings, he is deemed to have waived his
right to be present and to submit evidence. “

Thus, a general denial of the charges in the complaint should be considered in

behalf of the respondent. But despite of such presumption, the same could not overcome
the allegations in the complaint as the same is issued by a government agency that enjoys
the presumption of authenticity and due execution.

The government cannot be left on the lurch for his performance of duty as public
office is a public trust and through the alternative service of summons, jurisdiction over
the person of the respondent was validly acquired. Since he failed to participate in the
proceedings, the allegations in the complaint remained uncontroverted and it is a fact on
record that he indeed failed to render duty on the dates stated therein tantamount to
neglect of duty. Various efforts of notification were made to him even during the
commencement of this proceedings through the conduct of Home Visitation as shown in
the photographs on records and personally received by him and despite of such, he is
adamant on performing his duties as a police officer deserving an expulsion from the
police service through dismissal.

WHEREFORE, premises considered, the undersigned finds that substantial

evidence exists against PO1 Jaspher L Fernando for Grave Neglect of Duty and it is
humbly recommended that the respondent be meted with the maximum penalty of
dismissal from the service considering that his present rank could not accommodate the
medium penalty of one rank demotion.

SO RESOLVED.

June 6, 2018, Quezon City, Philippines.

FREUN BUENSUCESO VILA

Police Chief Inspector
Summary Hearing Officer
 Republic of the Philippines
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE
SOUTHERN POLICE DISTRICT OFFICE
PASAY CITY POLICE STATION
MALIBAY POLICE COMMUNITY PRECINCT
Apelo Cruz Extn., Malibay, Pasay City

MEMORANDUM

FOR : The District Director, SPD

(Attn: Chief, DPHRDD/D1)

SUBJECT : Resolution of Admin Case of PO1 Jaspher Fernando

DATE : June 6, 2017

1. Reference: Approved Pre-Charged Evaluation Report from Chief, DIU, SPD

dated April 27, 2018 and signed by DD, SPD with attached case folder.

2. Above references pertains to the directive of the District Director, QCPD

designating the undersigned as Summary Hearing Officer in the Administrative Case
against PO1 Jaspher Fernando, Taguig CPS, SPD docketed under Admin Case No.
NCRPO-SPD-DIST HQS- 2018-0034 for GRAVE NEGLECT OF DUTY (AWOL).

3. Attached herewith and forming part of the above mentioned case folder the
evidences attached therein and a two (2) page Resolution of the Summary Hearing
Proceedings conducted by the undersigned last May 23, 26, and 28, 2018.

4. Request acknowledge receipt.

FREUN BUENSUCESO VILA

Police Chief Inspector
Summary Hearing Officer