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MEMORANDUM CCPS-PCIU-04-2018-15
I. AUTHORITY:
1. References:
a. Memorandum from Chief, SIDMB dated April 16, 2018 with subject Pre-
Charge Investigation, Request for;
b. NAPOLCOM MC 2016-002; and
c. Other attached documents.
3. Facts shows that on or about 3:00 AM to 4:00 AM of April 12, 2018 at Caloocan
City Police Station Detention Facility while the above-named PNCOs were on duty, a
mauling incident happened that led to the death of a detainee named Ardee T Velasco
which was perpetrated by co-detention prisoners identified as Jayem Dela Cruz, John
Michael Otom, and Nasxel Rose Versoza. Investigation disclosed that at around 7:30AM,
Velasco was discovered unconscious inside the detention cell during the physical
accounting of prisoners. Immediately, he was rushed by Duty Jailers to Caloocan City
Medical Center where he was declared dead on arrival.
4. A criminal case for Murder was referred to the Office of the City Prosecutor of
Caloocan City for Inquest Proceedings against Jayem Dela Cruz, John Michael Otom,
and Nasxel Rose Versoza where probable cause was found and recommended that the
case be filed in court with no bail recommended.
5. On April 16, 2018, this Unit received a memorandum from Chief, SIDMB
requesting the conduct of Pre-Charge Investigation against Station Detention Unit
personnel to determine their administrative lapses in the performance of their duties.
7. In compliance with the said notice, all concerned personnel submitted their
respective affidavits/answers and alleged inter alia the following, to wit:
b. PO1 Nevies Echipare and PO1 Carlota Cavinta averred in their joint
counter-affidavit that they were designated as Admin and Desk Officers and rendering
tour of duty from 8:00 AM to 8:00 PM daily. On April 11, 2018 or a day prior to the incident
they reported for duty and took the task of compiling pertinent records concerning their
Unit and inspecting visitors of detention prisoners and then left at the end of their tour of
duty. It was only the following morning April 12, 2018 when they reported for duty and
learned that the said detainee was brought to the hospital but was declared dead-on-
arrival.
d. In the joint affidavit of PO1 Ibanez, PO1 Palafox, PO1 Tandingan, PO1
Bodah and PO1 Sablay they manifested that they vehemently and categorically deny that
they neglected their duties as jailers of Station Detention Unit. They stated that at around
4:00 AM of April 12, 2018 their attention was called by a commotion and shoutings inside
the CCPS Detention Facility wherein three (3) detainees were involved in mauling another
detainee which later identified as Ardee T Velasco, an accused in a criminal case for
violation of RA 9165. Thereafter, they immediately opened the detention cell to stop the
commotion and brought out the involved detainees named Jayem Dela Cruz, John
Michael Otom and Nasxel Rose Versoza. Likewise, Ardee T Velasco was brought out
and was asked if he wants to be brought to the hospital but he merely wanted a glass of
water which they complied and informing him (Velasco) that they will prepare the
documentations against his three (3) co-detainees for charges of physical injuries. On the
same date, at around 5:00 AM they asked Velasco if he is okay to be sent back to the
detention cell and assured that his three (3) co-detainees responsible for his mauling were
already separated and placed in an adjacent jail which he agreed. However, at around
7:30 AM while they were conducting physical accounting they were surprised when they
learned that Velasco was not waking up. Immediately, they opened the jail and brought
out Velasco to rush him at Caloocan City Medical Center where he was given first aid
treatment but Dr. Harold Tempunco declared him dead at around 8:15 AM. At this
juncture, they immediately reported the matter to their Officer in Charge and subsequently
submitted to the Acting Chief of Police an incident report. On the same date, they effected
the arrest of Jayem Dela Cruz, John Michael Otom and Nasxel Rose Versoza and file a
case of Murder before the City Prosecutor’s Office of Caloocan against the above-named
suspects. Attached herein are the Referral Slip, Affidavit of witnesses and other allied
documents.
IV. DISCUSSION
10. In the impartial determination of the existence, presence and liability for
neglect of duty, every personnel who were on duty has to be investigated as to their
presence, absence, or rendition of other duties when the incident of mauling transpired.
Careful and judicial analyzation of all facts, the undersigned cannot find any probable
liabilities to any of the member of the Station Detention Unit. Neglect of Duty is defined
as “the omission or refusal, without sufficient excuse, to perform an act or duty,
which it was the peace officer’s legal obligation to perform; it implies a duty as well
as its breach and the fact can never be found in the absence of duty.”1.
11. SPO4 Muyon, PO1 Echipare and PO1 Cavinta cannot be held liable
considering at the time of incident, they were not present at the SDU and has not yet
resumed their respective functions. Relatively, PO1 Gevanson Valeros and PO1 Arjay P
Medallada who were rendering security duty on hospital arrested detainees cannot be
1
NAPOLCOM MEMO CIRC. 2016-002.
held responsible in the incident as they have no personal knowledge of facts and
circumstances surrounding the incident.
12. As far as PO1 Ibanez, PO1 Palafox, PO1 Tandingan, PO1 Bodah and PO1
Sablay who were on duty at the Station Detention Cell, their allegations that they were
able to quell the commotion after they heard the shouting inside the jail remains
uncontroverted. While this Station is relentlessly upgrading the living standards of its
inmates, the death of a detention prisoner is sometimes unavoidable specially when one
hundred forty-seven (147) detainees are sharing in a seventy square meter detention cell.
Hence, when a commotion or fight occurs inside , duty jailers has to consider several
factors before they could open the jail, quell the fight, and bring out those involved without
initially considering the safety of responding police officers and detainees and the
possibility of taking advantage of the incident to escape.
V. CONCLUSION
15. In the absence of a clear and convincing evidence that the duty police
officers neglected or failed to quell the commotion that led in the death of a detainee, this
Pre-Charge Investigator recommend the dropping and closing of this administrative case.
It has been provided that “It is better that ten guilty persons go free than that one
innocent person be convicted.
VI. RECOMMENDATION:
2
Jose Antonio U. Gonzalez vs. Hongkong & Shanghai Banking Corp., GR No. 164904,
2007 Oct 19 3rd Division.
3
Kilosbayan, Inc. vs. COMELEC, 345 Phil 1174 (1997).
I concur with the findings and recommendations of the OIC, PCIU.
ENRIQUE A TORRES
Police Chief Inspector
Chief, SIDMB
RECOMMENDING APPROVAL
APRROVED / DISAPPROVED
RESTITUTO B ARCANGEL
Police Senior Superintendent
Acting Chief of Police, CCPS