Republic of the Philippines

Department of the Interior and Local Government

BUREAU OF JAIL MANAGEMENT AND PENOLOGY
RBJMP 4-B (MIMAROPA)
JD Building, Pastor Road, Gulod Labac, Batangas City
Tel/Fax (043) 702-3735; e-mail rivbbjmpro@gmail.com
BJMPRO IV-B represented by
JO2 Claudette A Abutar, JMP
Bureau Prosecutor
Complainant,
-versus-

Admin Case NO. 2016-01

-for-

J/INSP DARWIN I MOTILLA

Serious Neglect of Duty
Respondent,
x--------------------------x
POSITION PAPER
COMPLAINANT, through

the undersigned Regional

Prosecutor, unto this

Honorable Hearing Officer, most respectfully submits this position paper and avers
the following to wit:
PRELIMINARY STATEMENT
Neglect of duty is the omission to perform a duty. It has
reference to the or failure on the part of a public officer to do and to
perform some duty laid on him as such by virtue of his office or
which is required of him by law. It is not material whether the
neglect is willful, through malice, ignorance or oversight, when such
neglect

is

of

such nature

as

to

put

the

government

into

disadvantage and endanger public safety, it is gross or serious.

THE PARTIES
The complainant is the Bureau of Jail Management and Penology
represented

by

the

BJMP

MIMAROPA

Regional

Prosecutor,

government

agency created under RA 6975 with the mandate of

safekeeping and rehabilitation of inmates in all district, city and

municipal jails.

The respondents, J/INSP DARWIN S MOTILLA, JO3 Arvin Reyes,

JO1 Christopher M Madarang, and JO1 Albert S Espillo, all of whom
assigned at San Jose District Jail, San Jose Occidental Mindoro, were
all charged with Serious Neglect of Duty after an incident wherein
seven (7) inmates identified as Demetrio R. Soriano, Rejoy B. Achico, Ryan B. Sabal,
Dennis D. Palma, Rasid A Sultan, Levi James G. Jaranilla and Rodrigo P. Agustin
successfully escaped from San Jose District Jail, San Jose, Occidental Mindoro on
July 15, 2016 around 1:30 oclock in the morning.

STATEMENT OF FACTS
As culled from the records of the case, the following are the pertinent facts;
The incident happened when INSP DARWIN MOTILLA, Jail Warden of San
Jose District Jail was on official travel covered by Letter Orders issued by BJMP IV-B
to attend Seminar on Public Service Ethics and Accountability (PSEA, 2 nd Quarter
Management Conference and Lakbay Aral) at Calamba and Dagupan City Jails on
July 13-14, 2016. He (INSP MOTILLA) left the jail as early as July 10, 2016 to attend
the Management Conference on July 12, 2016 and seminar on July 13-14, 2016.
In BJMPRO-IVB Special Order No. 2016- 48 dated 08 July 2016, SJO4 Arnel
S Mampusti is designated as the Officer-in-Charge of San Jose District Jail effective
11 July 2016 and self-terminated upon the return of the incumbent Warden who,
during that time will attend the PSEA Seminar, 2 nd Quarter Management Conference
and Lakbay Aral.
JO1 Margie R Madarang is the designated Admin JNCO of San Jose District
Jail who failed to inform her Deputy Warden SJO4 Arnel S Mampusti as the Officerin-Charge effective 11 July 2016.
As indicated in the duty detail dated July 1, 2016, the duty personnel on
141400H-142200H July 2016 were JO3 Arvin P Reyes, JO1 Christopher G Madarang

and JO1 June Carlo M Zamora, while the duty from 142200H-150600H July 2016
were JO3 Rodelito R Aceveda, JO2 Nover G Danseco, and JO1 Albert P Espillo.
JO3 Aceveda failed to report for duty due to CARBUNCLE as indicated in the
medical certificate duly signed by Dr Levon Franco VRF Baldoza while JO2 Nover
G Danseco was allegedly on leave during their turn to render duty as custodial. It was
only JO1 Albert P Espillo who took post together with JO3 Arvin P Reyes and JO1
Christopher G Madarang on 142200H-150600H July 2016.
Records also shows and as admitted from the affidavits of respondents, that
the jail is adopting the system of one (1) week duty one (1) week off, in which the
team compose of six members (an Officer of the day, a team leader, and four (4) jail
officers), further subdivide the duty into three (3) shifts, the interval of which is from
0600H-1400H, 1400H-1000H, and 1000H-0600H.

O/a 151330H July 2016, seven (7) inmates namely Demetrio R. Soriano
with Violation of Sec 11 and 12, Art II of RA 9165, Rejoy B. Achico with Violation
of RA 10591/Murder/Robbery/Robbery with Force Upon Things, Ryan B Sabal with
Violation of Sec 5 and 11 of RA 9165, Dennis D Palma for Rape in Relation to RA
7610, Rasid A Suiltan for Robbery with Homicide, Levi James G. Jaranilla for
Carnapping/Slight Physical Injuries and Rodrigo P. Agustin for Direct Assault Upon
an Agent of Person in Authority, successfully escaped from San Jose District Jail by
bending up the iron grills of the secondary control gate and squeezed themselves out,
took the keys of the facility, opened the main door and then dashed to freedom
unnoticed by the sleeping custodial duty personnel under the influence of liquor due
to the drinking spree therein prior to the incident. The escapees carted away a one
(1) .9mm caliber pistol, one (1) sling bag containing cash amounting to Two
Thousand Pesos (P2,000.00), one (1) ATM Card and prison cell keys including the
key of the issued prisoners van.
On 150700H July 2016, Rodrigo P Agustin accompanied by his mother
voluntarily surrendered and gave his comprehensive view on how they conceptualized
the incident stating therein that prior to the incident, he observed that the duty

personnel were having a drinking spree beside the jails main gate. In addition, he
stated that on 142100H July 2016, duty personnel entered the jail for dinner and
afterwards went to sleep.
JO1 Albert P Espillo, in his affidavits, disclosed that he was one of the duty
personnel on 14 July 2016 and at around 0115H the following day, JO1
Madarang,who after rendering a duty for the period 14 0000H-1000H July 2016 asked
permission from him to attend an emergency at home for his sick child which the
former agreed and closed the gate after the latter left the premises. Thereafter, he
returned to his mattress just beside the Desk and eventually fell asleep.
Having the opportunity, inmate Jaranilla and other cellmates conceptualized the
escape and at around 0130H of July 15, 2016, inmate Jaranilla executed the plan by
bending up the steel bar creating an exit hole just beside the secondary control gate
then pushed the book shelves and squeezed himself out. Inmate Jaranilla took the
possession of the keys and the service firearm of JO1 Espillo. Upon observing that no
personnel is awake, he opened the main gate and signaled for the remaining inmates
to follow him.
On or around 150145H July 2016, JO3 Arvin Reyes woke up to urinate but his
attention was caught when he noticed the main control gate was left open, as he
gleaned

his eyes towards the secondary control gate, he noticed a bar bended

upwards and the seven inmates who used to stay in the hallway were already missing.
Sensing a possible escape incident, he alerted all duty personnel and after headcount,
seven inmates were confirmed missing.
After a while, JO1 Espillo was awakened when JO3 Reyes shouted that inmates
have escaped. He immediately searched for his sling bag containing his issued
firearm, IDs and ATM but it was nowhere to be found. He then borrowed the service
firearm and motorcycle of one of his colleagues, searched the vicinity of San Jose for
the whereabouts of the escapees. He chased the inmates at the aromahan and tried to
stop them by firing shots against the inmates but still managed to escape and scamper
to different directions.

Upon arrival at Aroma Beach, Brgy San Jose, he saw the six (6) escapees and
shouted to stop but continue to run and scampered in different directions prompting
him to fire five (5) shots but still resulted to futile so he decided to go back to jail to
ask for reinforcement.
A thorough searched was conducted within the vicinity of the jail but efforts were
made futile. He immediately informed his warden. All available personnel were
alerted and the PNP San Jose were also notified. A recovery team was then activated
composed of personnel of San Jose District Jail and the PNP elements to track down
the escapees. They were later joined by some personnel of the regional office.

The statement of JO1 Christopher Madarang confirmed that he left the jail to
attend his sick child but upon learning the incident he proceeded back and joined the
recovery team.
On the other hand, JO1 Margie Madarang, Admin JNCO deposed that in the
afternoon of 10 July 2016, she received an e-mail from the regional office containing
a Special Order designating SJO4 Arnel Mampusti as the Officer-in-Charge of San
Jose District Jail effective 11 July 2016 and immediately informed their warden.
The designated OIC SJO4 Arnel J Mampusti averred that sometime in the 3rd
week of June 2016, his warden INSP DARWIN MOTILLA requested him to render
straight duty as the latter will relieved his (Mamusti) duty uy the following month.
That on 30 June 2016, INPS MOTILLA made a cellular phone call informing him that
he may leave the jail facility as he (MOTILLA) will be reporting to jail the following
day. In addition, he further stated that he went to the Regional Office MIMAROPA
on July 12, 2016 as requested by his Warden to sign the OPCR of San Jose District
Jail. He later learned the incident only in the morning of 15 July 2016.

ISSUES
A. WHETHER OR NOT THE RESPONDENT IS GUILTY OF SERIOUS
NEGLECT OF DUTY FOR ADOPTING A DEFECTIVE DUTY SYSTEM THAT

ALLOWS STRAIGHT DUTIES (ONE WEEK DUTY-ONE WEEK OFF) TO THE

DETRIMENT OF THE SECURITY IN THE FACILITY.
B. WHETHER OR NOT THE RESPONDENT IS GUILTY OF SERIOUS
NEGLECT OF DUTY FOR FAILING TO PROPERLY DELEGATE HIS
RESPONSIBILITY AS WARDEN OF THE FACILITY, LEAVING HIS POST WITH
NOBODY ASSUMING THE RESPONSIBILITY VESTED ON HIM

DISCUSSION/ARGUMENTS
A. THE DUTY SYSTEM IS NOT PER SE DEFECTIVE
B. THE

RESPONDENT

FAILED

TO

PROPERLY

DELEGATE

HIS

RESPONSIBILITY AS WARDEN OF THE FACILITY, LEAVING HIS POST WITH

NOBODY ASSUMING THE RESPONSIBILITY VESTED ON HIM
The prosecution respectfully submits that J/INSP DARWIN I MOTILLA is
guilty of Serious Neglect of Duty for failing to properly relieve his post before leaving
the jail as early as July 10, 2016 to attend the Seminar on Public Service Ethics and
Accountability (PSEA, 2nd Quarter Management Conference and Lakbay Aral) at
Calamba and Dagupan City Jails on July 13-14, 2016. It is a basic postulate and
reiterated in various Memoranda issued by the higher offices that before a Warden can
leave his post, he must delegate the command and responsibility with due diligence to
one next in command, in this case, the deputy Warden who will strictly implement all
policies and will supervise the jail during the absence of the Warden.
Due diligence in the delegation of responsibility before leaving the jail means
that the post must be properly turned over to the designated Officer-in-Charge while
proper turning over means that post must be accepted and assumed by the designated
Officer-in-charge, taking into account the policy on mandatory proper turning over of
post, duties and responsibilities to the one legally and administratively bound to
assume.

Failing to observe such mandatory procedure, the Jail Warden is

administratively liable for all the consequences and incidents that may transpire
during his absence
Sec. 2, Rule IV of the BJMP Manual provides:
Neglect of Duty. - It is the omission or refusal, without sufficient excuse, to
perform an act or duty which is the personnels legal obligation to perform and which
the law requires him to perform by reason of his office;xxxxxxxx
While it is true that, as posited by respondent INSP MOTILLA in his position
paper, Sec. 4, Rule III,Book I of the BJMP Manual, none among the enumerations
mandates the Warden to personally inform the Assistant Warden of such order
designating SJO4 Mampusti as the Officer-in-Charge for the period he is attending the
Management Conference and Lakbay Aral. 2nd para of Sec. 2, Rule IV of the BJMP
Manual provides xxxxxx it implies a duty as well as its breach and the act can never
be focused in the absence of a duty. Although, there is no literal provision that the
Jail Warden must personally inform his deputy of any orders and memoranda, it is his
obligation to see to it that all directives and policies is strictly implemented in jails.
Included in these obligations is to ensure that upon his relief, there must always have
somebody to assume his post and command. The absence of any literal provision does
not imply that J/INSP MOTILLA is confined in the literal words of the BJMP Manual
because he is also bound to perform those obligations impliedly included in the
expressly enumerated provision.
The escape incident transpired during the absence of J/INSP MOTILLA.

PRAYER