Philippine National PoliceNational Police Commission

Philippine National PolicePolice Regional Office 7

CEBU CITY POLICE OFFICECamp Sotero Cabahug, Gorordo Ave., Cebu City

MEMORANDUM

FOR : Officer-In-Charge, CCPO (Attn: Chief, IDMB)

FROM : PO1 NORBERTO PARANTAR BAYLOSIS

SUBJECT : Request to be Allowed to Report Back for Duty

DATE : January 17, 2016

1. References: a. NAPOLCOM Memorandum Circular No. 96-004; b. NAPOLCOM Memorandum Circular No. 95-017 as amended; c. Pre-Charge Evaluation Report of PO1 Noberto P. Baylosis

for Serious Neglect of Duty; d. SO No. 663 of Chief, RPHRDD; e. Affidavit of PO2 Norberto Baylosis.

2. This pertains the Special Order No. 663 of RPHRDD7 dropping me from

the PNP service in reference to memo from OIC, CCPO dated February 20, 2015 duly signed by PSSUPT CONRADO CAPA, OIC, CCPO which I did not actually received, personally or by mail, and which just recently brought to my attention when I visited the Law and Order Section (DLOS) at Police Regional Office 7;

3. With due respect to the Honorable City Director, I am praying that I’ll be allowed to report back to duty because I believe that I am still in the active service and was only prevented from going back to work due to some circumstances beyond my control as mentioned in my affidavit and the affidavits of my witnessess (hereby attached as annex "D", "E", "F" and "G" respectively);

4. That I am respectfully bringing to your attention the following reasons to wit:

a. The Dropped from Roll Order issued against me has not attained finality since it is patently of nullity because it is not the order contemplated under Memorandum Circular No. 95-017 which provides that the PNP Officers authorized by law to drop from the rolls, among others, are the Regional Directors in cases of PNP personnel in regional level. Nothing in said Memorandum that the issuance of a dropped from roll order by the Chief of RPHRDD is a

final one and therefore it is not a valid order as required under such circular.

b. Since there was no order yet from the Regional Director, consequently I am still in the active service, and as such, shall be allowed to report back for duty pursuant to paragraph 2 of NAPOLCOM Memorandum Circular 96-004.

c. Assuming arguendo that a drop from roll order has been issued against me by the Regional Director, there was no valid service of order as required under NAPOLCOM Memorandum Circular No. 95-017 as there was no copies of any order served before me by personal delivery or registered mail which must be complied with strictly as these affects my constitutional rights to due process, either procedural or substantive.

d. The actuations made by PCI Wildemar Tiu was made capriciously, arbitrarily and in whimsical manner in complete denial of my procedural and substantive right to due process and property rights as guaranteed by the constitution since I was not able to received my salary since July, 2015.

5. Request favorable action and utmost consideration.

NORBERTO PARANTAR BAYLOSISPolice Officer 1

Copy furnished:

1. PCI Wildemar TiuPolice Station 2- Cebu City Police Office Osmena Blvd., Cebu City

2. PSUPT Renato R Dugan OIC, Regional and Personnel and Human Resource Develpoment Division Police Regional Office 7 Camp Sergio Osmena Sr., Osmena Blvd, Cebu City