Republic of the Philippines
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE, NATIONAL CAPITAL REGION POLICE OFFICE
SOUTHERN POLICE DISTRICT
TAGUIG CITY POLICE STATION
Gen. Luna St., Tuktukan, Taguig City
IN RE: ADMINISTRATIVE COMPLAINT
Docket Number:
RIASNCRS-MPI4-PCI-0523-061
FOR: Neglect of Duty
PLT WILFREDO A TANQUERIDO JR
PSSg Ericson Eslao
PSSg Dexter John O De Sesto
PCpl Louell J Calupit
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COMMENT TO THE ADMINISTRATIVE COMPLAINT
COMES NOW, herein respondent, PSSg Ericson Eslao, unto this Honorable
Office, most respectfully submit this Comment to the Administrative Complaint and aver
the following, to wit:
1. On May 23, 2023, herein respondent received copy of the Notice/Order to file
comment/counter-affidavit dated May 23, 2023 issued by PNP DIAS-SPD
directing the undersigned respondent to file Comment/Counter-affidavit;
2. That the undersigned respondent vehemently deny the allegation, as it has no
supporting evidence, thus it has no basis and in law, to wit:
I. TRUTH OF THE MATTER
3. This is a Motu-Propio Investigation based on the Spot Report from Taguig
City Police Station dated May 21, 2023;
4. That on May 21, 2023 at about 3:29AM, one PUPC named Ronald Bagunas y
Amar, detained at the Main Male Custodial Facility and under the custody of
Taguig City Police Custodial Facility was pronounced dead by his attending
physician at Taguig Pateros District Hospital;
5. That, I (PSSg Eslao) received a Detail Order dated May 15, 2023 to secure
the Main Male Custodial Facility as night shift duty personnel, however, PLT
WILFREDO TANQUERIDO JR, the Officer-In-Charge, instructed me to
instead report and render duty at the Annex Male Custodial Facility. (Attached
is a Certification from PLT TANQUERIDO JR marked as Annex “A”);
6. That such verbal instruction was relayed to me by the Team Leader PEMS
Cornelio Diones (“Dodge” in Messenger App) thru chat via Messenger App.
(Attached is the printed screenshot copy of the chat Marked as Annex “B”);
7. That on May 20, 2023 at about 9:05PM, I assumed responsibilities at the
Annex Male Custodial Facility together with PCpl Cabebe until 9:00AM of May
21, 2023. This is in compliance with the verbal instruction of PLT
TANQUERIDO JR. (Attached is the printed copy of the blotter book with
blotter numbers 0924 and 0925 marked as Annex “C-1” and Annex “C-2”
and printed copies of the photos of accounting and turn-over marked as
Annex “D-1”, Annex “D-2”, Annex “D-3” and Annex “D-4”);
8. That, at the time of death of the above named PUPC, I was not in charged in
securing the Main Male Custodial Facility and making sure that PUPCs in
there are safe and sound as I was verbally ordered to secure the Annex Male
Custodial Facility;
NAPOLCOM MC 2016-002
Rule 21
Section 1 Par. 1
Neglect of Duty or Nonfeasance- is the omission or refusal, without
sufficient excuse, to perform an act or duty, which it was the peace officer’s legal
obligation to perform; implies a duty a well as its breach and the fact can never
be found in the absence of duty.
9. It can be gleaned that even though, I, PSSg Eslao was earlier ordered and
detailed to secure the Main Male Custodial Facility where the dead PUPC
was detained, I was realigned by my superior officers to secure the Annex
Male Custodial Facility which I complied. (See “Annex A”)
10. That, I, respondent negate the imputation of Neglect of Duty since I only
followed orders from the superior officers.
II. EXEMPTING AND MITIGATING CIRCUMSTANCES
11. That, I have been in the police service for 11 years and have been diligent in
the performance of my duty as a public servant. Never did I remiss in my
duties and responsibilities as police officer.
12. That, I am a recipient of numerous awards and commendations as a reward
to my performance and functions as a police officer;
PRAYER
13. That, I invoke the succor of the Honorable Office to apply social justice,
fairness and due diligence in deciding the instant case considering that I have
a family to support who solely demand on me.
14. That the undersigned respondent respectfully prayed that this Honorable
Office to dismiss the above administrative case against me for being bereft of
merit.
15. That I am executing this Affidavit to attest the veracity and truthfulness of the
foregoing facts, this 25th day of May, 2023 here at Taguig City, Metro Manila,
Philippines.
PSSg Ericson Eslao
Respondent
SUBSCRIBED AND SWORN to before me this 25th day of May 2023 here in
Taguig City, Philippines
_________________________
Administering Officer