Republic of the Philippines

CIVIL SERVICE COMMISSION

CSC Building, IBP Road, Constitution Hills, Quezon City

DIVAD, Dexter P. No. 130021

Re: Grave Misconduct
(Illegal Discharge of Firearm and
Conduct Unbecoming of a Police
Officer)
x-----------------------------------------------------x

MOTION FOR RECONSIDERATION

COMES NOW, the undersigned respondent, by himself, and unto this

Honorable Commission, respectfully states:

On January 24, 2013, respondent received a copy of the Decision dated

9 January 2013 of the Honorable Commission. Specifically, the dispositive
portion of the decision read as follows:

“WHEREFORE, the appeal of Dexter P. Divad is hereby DISMISSED.

Accordingly, the Decision dated August 31, 2011 issued by former
Secretary Jesse M. Robredo, Department of Interior and Local
Government (DILG) affirming the Decision dated February 24, 2011
issued by the Regional Appellate Board (RAB), finding Divad guilty of
Grave Misconduct and imposing upon him the penalty of dismissal from
the service with accessory penalties of cancellation of Civil Service
eligibility, perpetual disqualification to hold public office, and forfeiture
of retirement benefits, is AFFIRMED.”

Respondent assails the aforequoted decision of this Honorable

Commission on the following grounds:

(1) Contrary to the findings of this Honorable Commission, as well as

the decisions of Honorable DILG Secretary and the Regional Appellate Board,
there is no substantial evidence to warrant the dismissal of respondent from the
police service. The witnesses were never presented to at least identify their
respective affidavits and sworn statements thereby negating respondent’s right
to due process as guaranteed by the Constitution;

(2) The Honorable Commission failed to appreciate the fact that

respondent is a first offender and his length of service had earned him
numerous awards and commendations thereby contributing to the police
organization in the performance of its assigned task;
 (3) Respondent begs the Honorable Commission to please take a
second hard on this matter to avert miscarriage of justice. It bears to note that
respondent is the sole bread winner of his family. He has four (4) minor
children and solely dependent on his meager income as police officer.

WHEREFORE, premises considered, it is respectfully prayed of this

Honorable Commission that its assailed Decision dated January 24, 2013,
affirming the Decision dated August 31, 2011 issued by former Secretary Jesse
M. Robredo, Department of Interior and Local Government (DILG) affirming the
Decision dated February 24, 2011 issued by the Regional Appellate Board (RAB),
finding guilty of Grave Misconduct and imposing upon him the penalty of
dismissal from the service with accessory penalties of cancellation of Civil
Service eligibility, perpetual disqualification to hold public office, and forfeiture
of retirement benefits, be REVERSE and SET ASIDE and new one be issued
exonerating respondent from the offense charged.

Solano, Nueva Vizcaya, for Quezon City. February 8, 2013.

DEXTER P. DIVAD
Respondent

Copy furnished:

Police Director General Alan LM Purisima

Philippine National Police
Camp Crame
111 Quezon City

Secretary Manuel A. Roxas II

Department of Interior and Local Government
A. Francisco Gold Condominium II Building
EDSA corner Mapagmahal Street, Diliman
1128 Quezon City

Director IV Lydia A. Castillo

Civil Service Commission – National Capital region
No. 25 Kaliraya Street, Brgy. Dona Josefa
1100 Quezon City

Director IV Maria Leticia G. Reyna

Integrated Records Management Office
Civil Service Commission