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Republic of the Philippines

NATIONAL POLICE COMMISSION


PHILIPPINE NATIONAL POLICE
Sorsogon Police Provincial Office
Camp Salvador C. Escudero Sr., Sorsogon City

PHILIPPINE NATIONAL POLICE,


Complainant,

- versus - Administrative Case


SSPO-AC NR. 07-102418
FOR: Simple Neglect of Duty
SPO3 JUJIE T. RAZO
Respondent,
x- = = = = = = = = = = = = = = = x

POSITION PAPER

The UNDERSIGNED before this honorable office most respectfully


set forth:

Statement of Facts:

1. The Complainant is the Provincial Philippine National Police,


represented by PCINSP MAHALALEEL O PALMONES.

2. The Respondent is SPO3 Jujie T. Razo, of legal age, filipino, and


resident at Brgy. Binanuahan, Pilar, Sorsogon.

3. Complainant filed a case1 against the Respondent for Simple Neglect


of Duty for allegedly being absent from his post on August 24, 2018.

4. On October 5, 2018, Philippine National Police, Provincial Office


issued a decision with the following recommendation:

“WHEREFORE, premises considered, it is respectfully


recommended that the following personnel, to wit; SPO4
Lowel M. Morcila, SPO4 Abelardo R Cuerdo, PO3 Richard
M. Notob, PO3 Marlon A. Lumberio, PO2 Ephraim D.
Castro, PO2 Donald O Cadag, PO2 Deanne C Maravilla
and PO2 Mark Anthony R Malto be absolved from any
administrative liability while SPO2 Jujie T Razo be
charged for Simple Neglect of Duty” (emphasis
supplied)

Issue:
1
Date not indicated in the documents

1
5. The sole issue here is whether or not the Respondent is liable for
simple neglect of duty for being absent on August 24, 2018;

Discussion:

The absence of the Respondent on August 24, 2018 was legitimate

6. Admittedly, the original schedule2 indicated that the Respondent was


supposed to be on duty on August 24, 2018. However, the schedule
was revised after the re-assignment of SPO3 Ladislao M. Lupos, Jr.3
in Pilar MPS. This is further supported by a radio message with cite
number PMPSA 0824-034, which states:

“PLEASE BE INFORMED THAT SPO3 LADISLAO


MINERO LUPOS ALREADY REPORTED TO THIS UNIT
AROUND 8:00AM OF THIS DATE AUGUST 24, 2018.
FOR INFO PD BT…

PCINSP RAY ANOTHONY M VILLANUEVA , COP (Signed)”

7. Under the revised schedule for the month of August, 2018 5,


Respondent was in charge of Team 2, whose day off was on August
24, 2018, and SPO3 Ladislao M. Lupos, Jr. was in charge of Team 3,
who was on duty on the date mentioned.

8. It is clear that majority of team 2 was scheduled to have a day-off on


August 24, 2018. Unfortunately, probably caused by inadvertence or
clerical error, there was no indication as to when Respondent is
scheduled to have his days off as can be gleaned from the revised
schedule. However, it is humbly submitted that Respondent SPO3
Jujie T Razo has the same days off as his new team, which includes
August 24, 2018. Based on the Respondent’s experience, this has
and still is the practice in Pilar MPS that the whole team has the
same days off.

9. From the foregoing, the Respondent was clearly not liable for Simple
Neglect of Duty.

Prayer:

PREMISES CONSIDERED, it is most respectfully prayed of this


Honorable Office that:

1. The instant case against the Respondent be


dismissed.

2
A copy of the original schedule for August, 2018 is attached herewith as Annex “A”
3
A copy of the certification that SPO3 Ladislao Lopos, Jr. reported to Pilar MPS is attached herewith as Annex “B”
4
A copy of the radio message is attached herein as Annex “C”
5
A copy of the revised schedule for August, 2018 is attached herewith as Annex “D”

2
2. Other reliefs as are just and equitable under the
premises are similarly prayed for.

20 January 2019. Pilar, Sorsogon.

SPO3 JUJIE T. RAZO


Respondent

REPUBLIC OF THE PHILIPPINES )


) S.S.

SUBSCRIBED AND SWORN to before me this 20th day of January,


2018, affiant exhibiting to me his PNP ID Card No. 17E260786

Doc. No. 129;


Page No. 27;
Book No. XVI;
Series of 2019.

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