REPUBLIC OF THE PHILIPPINES)

IN THE CITY OF BAGUIO.....) S.S.

X-----------------------------------------X

REPLY-AFFIDAVIT
I, SPO3 Marcos Immoliap Nabocyag Jr. of legal age, member of the
Philippine National Police, presently assigned at Baguio City Police Office,
after having been sworn to in accordance with law, do hereby depose and
state that:
1. I am presently assigned at Police Station 7, BCPO, and the
newly designated Chief, Investigation Section of Station 7, and have just
assumed the position on January 2012, with tour of duty commencing form
8:00 AM to 8:00 PM daily and could be extended when the need arise;
2. I am one of the respondents on a case embodied under
Administrative Case No. BCPO 12-04-11 for Simple Neglect of Duty that was
filed at the CIDMU Pre-Charge Evaluation Section on April 16, 2012 under
Docket No. BCPO 12-04-11 on complaint of PCI ALLAN BUCCAHAN
GUYGUYON, Chief CIDMU, BCPO;
3. Within my almost 17 years in the PNP Service, I have not been
involved in such cases of failure to comply with memorandums from higher
headquarters;

4. On June 11, 2012, I received a copy of Notification by way of

Summons, dated June 8, 2012 from the Designated Honorable Summary
Hearing Officer, PSI PAUL ANDRES DIGMAN in relation to the complaint that
was filed against us, with respondents indicated therein are PSI HENRY
DOMOGAN, the undersigned, SPO3 Marcos Nabocyag Jr. and, PO1 Sharon
Dulagan directing us to submit our answer containing documentary or other
evidence that may support our defense within five (5) days from receipt
thereof;

5. Upon careful scrutiny of the cause of the complaint against

us, I found out that the infractions alleged on the complaint stemmed from
the discrepancies of our reports on Theft and Robbery cases for the month of
February 2012 and, the delayed submission of our Justification on the
discrepancies of such reports;

6. It is further noted that the non-inclusions of reports from

COMPACS 1-4 aggravates the infractions that was alleged on the complaint,
since the mentioned four COMPACS 1-4 are whole jurisdictional area of
Station 7 so its non-inclusion on the reports is inappropriate;

7. With respect to the subject memorandum, the undersigned

have already submits to the veracity of the infractions alleged on the
complaint, and as a matter of privilege, if not rights that were leniently
accorded to us by our Hon. Summary Hearing Officer to submit our answer in
relation to the complaint against us, the undersigned thus reason out that:

7.1. Within my very short span of time in my new designation, I

wish to inform that I am not the author of such practice of
excluding the blotter records of COMPACS in our NCRS. Such
non-inclusion of cases on records of our COMPACS is a usual
practice that were being undertaken by my predecessors prior to
the time that I was designated by then Station Commander, PSI
HENRY GANAO DOMOGAN. So such practice was inherited from
several predecessors. And with due respect, the undersigned
can recall that even during the time of no less than the present
Chief PCES, CIDMU, BCPO, who was at the time, the designated
 Chief, Investigation Section of Station 7 from the 3rd quarter to
the last quarter of year 2008 was also adapting such practice. I
am just very unfortunate that it was on the time that I am the
newly designated Chief, Investigation Section for only a month,
where such lapses was detected by the higher Headquarters,
that caused my administrative case. From this consequences, I
have just presumed to the Principle Maxim that "From lapse of
time, all things are presumed to have been done in due form"
and "Things that have been done in a particular way for so long
that it is presumed to be done in a proper way (Ex Diuturitate
Temporis Omnia Praesumuntur solemniter Esse Acta), since for
my almost 11 years in Station 7 and was transferred to its
different COMPACS, I am aware that Blotter Records from
COMPACs were not being reported thru NCRS so I presumed that
it is just correct and we have adapted such practice.
Nevertheless, now that it was corrected, I also believe that such
practice is inappropriate;

7.2. I also submit that there were lapses in our reporting of

cases on Theft and Robbery for the month of February 2012 for
the reasons that we have not included in our report the cases on
records of COMPACS 1-4 of Station 7. Such reports should have
been accurate if all the cases of Theft and Robbery from
COMPACS 1-4 of were consolidated and been reported on time.
The problem is that, COMPACS 1-4 were delayed in furnishing us
the copy of their blotter,

7.3. On my part, my possession is clear, that I am emphasizing

this problem which I have inherited from my predecessors, not
to criticize nor to complain but, to let everybody aware of the
truth, and suggests that let it be corrected without anybody to
suffer from this mistake that was inherited and passed to
succeeding generations, but let it be to corrected with leniency
so that incoming younger generations of investigators will not be
once again misguided;

7.4. Exercising my rights to express my opinion, I am no

different to my predecessors, who have not detected such
inappropriate reporting, which if they have earlier detect and
corrected, may not be inherited by their younger generations;

8. The undersigned further wishes to express my apology on our lapses in

the delay of the Justifications of our erroneous data of reporting.
Nevertheless, the undersigned raised this issue to invite attentions from the
concerned to please grant us leniency and considerations for the following
reasons that:

8.1. Station 7 is the only Station of BCPO located at the Central

Business District. The most populated area of Baguio City, where
most voluminous crimes are being recorded and being
addressed to thereby, rendering its investigators hammered with
heavy and voluminous workloads. To cite with the truth, that all
past investigators of Station 7 that were relieved and reassigned
to other stations, really refused to reassigned back to this
station due to the volume and gravity of crimes that are being
attended to, that almost deprived them of their time and
attention with their own family. Furthermore, the Crime
Statistician / Registrar of our station was detailed to the Office of
the City Director and nobody was designated to act on her
 capacity, one reason that adds to our burdens, that caused us
too depleted and can hardly cope up in our reporting aggravated
by the volume of crimes that we are attending to, so we are just
coming up to a solution of utilizing our Police Auxiliaries, being
assisted by our OPN PNCO and PCR PNCO who are computer
literates to do the job, while we investigators are attending to
various cases brought to our attention by our clients;

8.2. During the time when we were delayed in the

justifications of our reports of Theft and Robbery cases is
February Month and the Panagbenga Festival is on its peak.
Various activities and cases were brought to our attention that
we have to give priority to address since mostly constituents are
civilian victims of crimes. As evidence for, that for the month of
February 2012 alone, there were 219 cases of Theft and
Robbery, aside from other nature of cases that were attended
and filed at the Prosecutors office. The volume of cases as
compared to other Stations, from Stations 1, 2, 3, 4, 5, 6, 8, 9,
and 10, for the duration of February 24-27, 2012 for cases of
Theft and Robbery only: for Station 7 alone is 71 while: Station 1
- 4: Station 2-3; Station 3 - 15 Station 4-0; Station 5-10; Station
6-1;; Station 8-0; Station 9 - 0; Station 10-1. Such data of cases
of Theft and Robbery from Station 1, 2, 3, 4, 5, 6, 8, 9, and 10,
even if combined, the sum of which is only 34, which is not even
half if compared to Station 7 alone which is 71. This data invites
the attention of the concerned to please extend more leniency
and considerations to the undersigned and Station 7 as a whole,
and the more it will boost our morale to work and do more than
our best;

8.3. To cite again, such volume of cases being attended to,

oftentimes obstructs our reporting of cases so with our
compliance to memorandums from higher headquarters,
especially at present time that population of CBD bulged to the
fullest, crimes increases, and various memorandums from higher
headquarters that were furnished that needs addressed to.
Moreover, that such volume of cases recorded on Blotter from
COMPACS 1-4 and the main Station 7 is not easy to scrutinize
from entry to entry since on the durations of February 24-28,
2012 alone, Station 7 have recorded 178 Blotter Entries of
Cases, which if we start counting Blotter Entries from February
1-28 will not only multiplied twice, thrice, or even 4X, but may
be 6X, and it is very hard to scrutinize manually voluminous
Blotter Entries;

9. With all the above cited reasons, the undersigned respectfully prayed that
the Honorable Summary Hearing Officer of this instant Case which was
brought to his attention for perusal, will grant us leniency and consideration,
and in return. We will assure that although we are depleted by our workloads,
such lapses will be addressed to, and will not be happen again for the near
future, so that our younger generation on the service will follow the right
path; and such lapses that we have inherited from our predecessors will be
corrected for our younger generations to emulate;

10. I am executing this Affidavit to attest to the truth of the foregoing facts in
reply to the complaint against me, and for all intents and purposes.

IN WITNESS WHEREOF, I hereunto affixed my signature this 11th day of June,

2012 at Baguio City, Philippines.

SPO3 ……………………………………
(Affiant)
SUBSCRIBED AND SWORN to before me this th day of June, 2012 at Baguio
City, Philippines. I further CERTIFY that I have personally examined the affiant
and I am convinced that he voluntarily executed his statement and fully
understood the same.

PSI ……………………..
(Administering Officer)