-versus-
Respondent-Appellant.
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FREFATORY STATEMENT
MEMORANDUM ON APPEAL
I.
STATEMENT AND NATURE OF THE CASE
The subject matter of this Memorandum on Appeal is the RESOLUTION
issued by PNP Regional Appellate Board CALABARZON (PRAB), affirming the
DECISION, dated April 13, 2016, of PRO CALABARZON Regional Director
PCSUPT RICHARD A ALBANO, as read:
It also alleges that respondent Gadjali refused to receive the same. Notice
to Return to Work Order (RTWO), dated July 6, 2015 and July 20, 2015 were
issued. Respondent only received the Notice to RTWO dated July 6, 2015.
In a Resolution dated October, 6, 2017, PRAB was also denied due course
the respondent-appellant’s motion.
II.
TIMELINESS OF THE APPEAL
III.
STATEMENT OF FACTS
At the time, his wife and two minor children were staying in a small
apartment in Tandang Sora, Quezon City, while appellant was staying in at the
camp’s barracks of Binangonan MPS; from time to time, he was visiting his family
in Tandang Sora once, or twice, every month.
On the later part of June 2015, when he visited his family in Tandang Sora,
his wife and their minors were, suddenly, no longer in their house in Tandang
Sora. He learned that they went to his relative-in-laws in Mindanao, without any
idea what caused his family to leave their conjugal dwelling, as a result, the he
compelled to follow his wife in Mindanao, and tried to locate them while he was
staying at Camp Asturias, Jolo Sulu.
It took more than a month for him to find his wife and children in Mindanao
where he located them in her relatives in Zamboanga. He learned that his wife,
out of extreme jealous, left him when someone from their neighbors in Tandang
Sora spreading malicious information against him that he was maintaining a
paramour in Binangonan where he was assigned. However, respondent-
appellant and his wife were able to rekindle their relationship but unable to return
in Manila for insufficient money to defray their travel expenses.
At the time, he was financially constrained as his remaining money was not
sufficient and only available for food and basic expenses for his family, thus, he
suffered serious anxiety and depression.
He just borrowed money to his friend who was here in Binangonan Rizal
for his travel expenses from Zamboanga to Manila and, on 13 June 2017, he
proceeded to PRO CALABARZON where he secured a copy of the Decision
rendered by Regional Director dated April 13, 2016.
To clarify, the copy of Notice to RTWO, dated July 6, 2015, was in fact
received only in June 13, 2017, and not on the date as reflects in the said
notice.
IV.
ASSIGNMENT OF ERROR AND/OR ISSUES
I.
WITH ALL DUE RESPECT, THE HONORABLE PRAB 4 & 4B
COMMITTED ERROR IN AFFIRMING THE DECISION OF REGIONAL
DIRECTOR OF PRO CALABARZON IN THE EXERCISE OF ITS SUMMARY
DISMISSAL POWER WITHOUT AFFORDING FULLY HEREIN RESPONDENT-
APPELLANT OF HIS RIGHTS TO DUE NOTICE AND HEARING.
DISCUSSIONS
Section 1. x x x
SEC. 3. Constructive Service. – If, for whatever justifiable reason, the respondent
cannot be served personally, service may be made by leaving a copy of the
notice and summons at the respondent’s official station.
With the foregoing situation, if earnest efforts within the reasonable time to
effect personal service of notices and summons upon the respondent-appellant
have failed, substituted service of notices and summons should be resorted to by
the process server in accordance with the Section 1(b) Rule 18 of NAPOLCOM
Revised Rules of Procedure.
Apparently, such substituted service was not been observed by the
process server since no notice such as MEMORANDA and NOTICE TO
RETURN TO WORK ORDER were ever receive by herein respondent-appellant
thus, there were no proper service of notices and summons made upon the
respondent-appellant. Thus, the Honorable PRAB-CALABARZON committed
error in affirming the Decision rendered by the Regional Director and the
summary dismissal meted by respondent –appellant is NULL and VOID.
Other equitable reliefs under such premises are equally prayed for.
-versus-
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NOTICE OF APPEAL
In witness whereof, I have hereunto set my hand this 23rd day of June
2017.
Copy furnished:
RICHARD A ALBANO
Police Chief Superintendent
Regional Director
EXPLANATION
Greetings:
The copy of the Notice of Appeal so with the Memorandum on Appeal was
served through registered mail to other parties, because personal service is not
being practicable at this time due to the distance between DILG Office and PRAB
IV-A (CALABRZON).
Respectfully yours,