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Date Filed: 12 July 2018

1.    REFERENCES:

a.    Republic  Act  (R.A.)  No.  10353,  the  Anti-Enforced  Disappearance  Act  of 2012;
b.    Republic Act (R.A.) No. 9745, the Anti-Torture Act of 2009;
c.    UN Convention Against Torture;
d.    PNP Guidebook on Human Rights-Based Policing;
e.    LOI 55/07 “PAMANA” (PNP Human Rights Development Program);
f.    PNP P.A.T.R.O.L. Plan 2030;
g.    Directorate for Comptrollership Fiscal Directive No. 2017-09;
h.    Memorandum from the C, PNP dated August 1, 2015 with subject, “Use of the Term Custodial Facility Instead of Detention Facility”;
i.    Memorandum   from   the   Directorate   for   Investigation   and   Detective Management (DIDM) dated May 16, 2017 with subject, “Reiteration of the Policies and Guidelines in the Inventory and Investigation of Custodial Facilities”;
j.    Memorandum from OIC, Human Rights Affairs Office dated May 4, 2017, with subject, “Reiteration re: Nationwide Inventory and Inspection of PNP Custodial Facilities”
k.    PNP   Memorandum   Circular   No.   42-2016   with   subject,   “Duties   and Responsibilities of Police Human Rights Officers in the Conduct of Inspection of Custodial Facilities”;
I.    Memorandum  from  C,  HRAO  dated  February  11,  2014  with  subject, “Addendum to the Submission of Inventory of Detention Facilities”;
m.  Memorandum  from  DIDM  dated  May  16,  2013  with  subject,  “Salient Provisions  of  RA  10353  and  its  IRR,  and  Duties  of  PNP  Personnel  in Relation thereto”;
n.    Memorandum from Chief, PNP dated November 4, 2008 re: Inspection of Custodial Facilities; and
o.    3-Day  DIDM  Policy  Workshop  dated  December  6-8,  2017  at  DIDM Conference Room, 4th Floor, National Headquarters, Camp Crame, Quezon City.

2.    RATIONALE:

This   PNP   Memorandum   Circular   (MC)   provides  the  comprehensive guidelines and procedures in the management and supervision of PNP Custodial Facilities and persons under PNP custody (PUPCs) in all Philippine National Police (PNP) units.

3.    SITUATION:

For the past months, series of incidents and concerns were mounting in the eyes of the public in relation to the current situation in all custodial facilities of the PNP  and  persons  under  police  custody.  The  PNP  was  once  again  in  the headlines for cases involving its personnel violating the rights of a person under their custody. As a corresponding effect, other related concerns sprouted and intensified by the public including issues on torture, police brutality, congested custodial facilities, poor ventilation and shortage on basic necessities of persons under custody.

In response, this MC was formulated to ensure that the abovementioned incidents will not happen again. The guidelines shall include identification of accountable persons to focus on the necessities of persons under police custody, the maintenance of the custodial facilities, and to ensure that the condition of all PNP custodial facilities is humane and in accordance with the requirements of the Human Rights Affairs Office (HRAO), and that the accepted and agreed International Human Rights, which the PNP is a part of, are being followed.

HRAO identified all violations and other lacking requirements on the ideal condition of custodial facilities that are present in most of our police offices/units nationwide. These reports were properly filed but the necessary actions to take are not met due to the limitations on the part of HRAO. One example relating to this is their findings that most of custodial facilities/centers are improperly ventilated,  congested;  and  persons  under  custody  are  lacking  in  their  basic needs particularly on food. Since the capacity of HRAO is limited on reporting and  endorsing  the  concerns  to  the  respective  offices,  the  releasing  of  all budgetary requirements needed to address the aforementioned concerns were not granted.

Another point taken into consideration is the designation of police personnel who oversee the custodial facilities/centers. Identifying such responsibility will prevent  adverse  incidents  involving  police  personnel  participating  in  doing unlawful acts. At present, all designated police personnel who monitor the facilities/center are called “jailers” who are sometimes the desk officer holding a concurrent function as a “jailer” or any personnel designated from different sections like Admin, Operations, among others. However, these "jailers" do not have clear responsibilities and proper trainings relative to their assigned tasks. Further, these police officers should not be called as “jailers” as jailers’ duties fall under  the  responsibilities  of  the  Bureau  of  Jail  Management  and  Penology (BJMP).

4.    PURPOSE:

To set guidelines and procedures for PNP custodial officers in ensuring that persons under PNP custody are humanely taken care of according to the standards of the International Human Rights adopted by the Philippines and recognized by the PNP.

In essence, the implementation of a policy for the management and supervision of PNP custodial facilities and persons in custody under the DIDM is geared towards efficient police service, specifically to:

a.    Standardize guidelines and procedures; and

b.    Ensure that the PNP is compliant with the Human Rights requirements.

5.    DEFINITION OF TERMS:

a.    Authorized Visitor - shall be the PUPC’s immediate family member, lawyer, spiritual adviser, government authorities, and anyone whose request for visit has been granted by the Chief, PNP.

b.    Contraband - refers to property that is illegal to possess or transport. It may be  goods  that  are  illegal  to  import  or  export  and  are  attempted  to  be smuggled into a country.

c.    Custodial Facilities - formerly known as “detention facilities,” are facilities within PNP premises that are used to hold arrested persons under custodial investigation.

d.    Chief, Custodial Facility - shall be the head of offices, units or stations.

e.    Custodial Supervisor - shall be the head of the investigation unit or section. f.    Persons under PNP Custody (PUPC) - formerly known as “detainees,” are persons who are being hold by the PNP in its custodial facilities who were arrested for an offense or previous violation of law.

g.    PNP Custodial Officer - formerly known as “jailer,” who is responsible for the overall status of a person in custody.

h.    Human Rights Affairs Office - is the office responsible for the integration of PNP efforts and develop systematic, holistic implementation of human rights programs  and  activities;  reviewing,  formulation  and  recommendation  of human rights policies and programs including administrative and legal measures on human rights; monitoring investigation and legal/judicial processes related to human rights violations; undertaking information campaign on PNP human rights initiatives; and establishing links with concerned agencies involved in handling HRV cases vs PNP personnel.

i.    Investigator  on  Case  (IOC)  -  refers  to  any  police  officer  who  is  duly designated or assigned to conduct the inquiry of the crime by following a systematic  set  of  procedures  and  methodologies  for  the  purpose  of identifying witnesses, gathering and recovering evidence, arresting the perpetrators and filing of criminal cases. It is the person in charge of investigation for a specific case.

6.    GUIDELINES:

a.    The head of the PNP office/unit/station with custodial facility shall be the chief of the custodial facility;

b.    The chief of investigation section/office in all PNP Units shall act as the overall custodial supervisor of all PUPCs. The same shall designate responsible Custodial Officers from their respective Investigation Office/Unit/ Station to further supervise PUPCs and who shall ensure that said persons are all in good condition;

c.    All Heads of Offices or Stations shall account the PUPCs daily and maintain a monitoring system of PUPCs that shall be updated regularly;

d.    All Heads of Offices or Stations shall ensure that their respective custodial facilities are in compliance with the appropriate specifications in coordination with the HRAO. They must ensure that all custodial facilities are properly maintained and that the necessities of persons under PNP custodial facilities are met. They shall coordinate with their respective Local Government Units for its support in the maintenance of their respective custodial facilities;

e.    All Heads of Offices/Stations maintaining PNP custodial facilities shall course their request to DIDM for the issuance of the subsistence allowance of PUPCs. In like manner, the DIDM shall ensure that subsistence allowance for persons under PNP custody is properly allocated in accordance with DC policies and procedures;

f.    All Heads of Offices and designated Responsible Custodial Officers shall conduct regular inspection of their respective Custodial Facilities to assure proper management of said facility and prevent/eradicate the presence of all kinds of contrabands;

g.    All PNP personnel chosen to man the PNP Custodial Facilities must:

1)   Be detailed for duty on rotation basis but only designated personnel on duty shall have the custody of the key;

2)   Undergo  a  regular  seminar/workshop  on  Human  Rights  and  other trainings relevant to jail management; and

3)   Undergo a regular extensive background and lifestyle check.

h.    The PNP Custodial Facilities are only used as temporary custodial facilities for persons under custodial investigation;

i.    There shall be a separate custodial facility for men and women. Female PUPCs shall be confined in a facility separate from those used for males. However, in case of area limitations, Custodial Officers and Personnel shall endeavor to provide the best arrangement they can make for such PUPCs in keeping with this rule;

j.    Authorized visitors may be allowed access only at designated visitors area during the following visiting schedules: on Tuesdays to Fridays: 1:00 PM - 5:00 PM and on Saturdays and Sundays: 8:00 AM to 12:00 NN and 1:00 PM to 5:00 PM;

k.    PUPCs manifesting signs and symptoms of mental illness must be referred to a PNP Health Service (PNP-HS) psychiatrist for evaluation and treatment;

I.    PUPCs  with  disability  (PWD)  and  Senior  Citizens  should  be  closely monitored to protect them against maltreatment and any form of abuse by other PUPCs, personnel and visitors;

m.  Pregnant PUPCs must be referred to a PNP-HS physician or nurse for pre- natal examination and regular checkups. In case of active labor, pregnant inmates shall be transferred to the nearest government hospital;

n.    Regular  general  health  check-up  shall  be  conducted  by  the  PNP-HS  to ensure that the basic health needs of all PUPCs are being provided by the PNP while they are in custody;

o.    PUPCs  who  are  recommended  by  a  PNP-HS  physician  for  hospital confinement shall be confined in a PNP hospital or the nearest government hospital;

p.    Legal counsels on record, medical doctors, priests or religious ministers chosen by the person-under-custody, or any member of his immediate family or by his counsel may visit at any hour of the day, or in urgent cases, of the night;

q.    Immediate  family  members  which  shall  include  person-under-custody’s spouse, fiancé or fiancée, parent or child, brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece, and guardian or ward may be allowed to visit the detainee during the aforementioned schedules only;

r.    Personnel from the Commission on Human Rights (CHR), upon presentation of a valid I.D. and Mission Order duly issued by their Regional Director or the Commission Proper; or members of any local or international Non- Government  Organization  (NGO)  duly-accredited  by  the  CHR,  may  be allowed to visit upon securing clearance from the Directorate for Intelligence or other appropriate channels;

s.    Visits to PUPCs by any person other than those enumerated above may be allowed only upon their submission of a written request at least ten working days prior to the intended date of visit subject to the approval of the Chief, PNP (for foreign requests) or the Regional Director (for local requests);

t.    A foreign national who is not a member of an NGO duly accredited by the CHR or any international non-government organization may not be allowed visits without the approval of the Chief, PNP and/or proper clearance from the Directorate for Intelligence (DI);

u.    A foreign national who wishes to visit a PUPC shall submit a letter of intent to the Chief, PNP at least 2 weeks in advance. The letter of intent must be endorsed by the Department of Foreign Affairs (DFA) upon Note Verbale from  the  concerned  Embassy.  The  request  shall  include  the  purpose, itinerary, basic biographical information and a copy of valid lDs/passport (colored copy);

v.    The Chief of the Custodial Facility or the Custodial Supervisor shall have authority to cut short, cancel or terminate the visiting schedule, and limit the number of visitors at any given time taking into consideration the space limitation at the visitation area as well as the safety and security considerations prevailing at the time of the visit;

w.   The Custodial Facility, an informal and temporary penal facility for arrested suspects, shall not allow conjugal visits for PUPCs;

x.    When the case against the person-under-custody is already filed in Court, the PNP unit concerned shall verify with the Court whether or not a commitment order has already been issued;

y.    The PNP custodial  facility may only accommodate arrested persons not beyond the reglementary period as provided in Article 125 of the Revised Penal Code;

z.    When the commitment order has not yet been issued by the Court within a reasonable period, the Chief of Police or the Head of the PNP unit must write a formal request addressed to the Clerk of Court for the issuance of commitment order to the BJMP of the place or territory where the PUPC is being tried;

aa. When the commitment order has already been issued by the Court, the Chief of Police or the Head of the PNP unit must ensure that the PUPC is immediately delivered, without delay, to the jail indicated in the commitment order;

bb. In case a family member, relative, lawyer, representative of a human rights organization or a member of the media inquires with a member or official of any police custodial facility, on the presence or whereabouts of a reported victim of enforced or involuntary disappearance, the Chief of the Custodial Facility  shall  immediately  issue  a  certification  in  writing  to  the  inquiring person or entity on the presence or absence and/or information on the whereabouts of such disappeared person, stating, among others, in clear and unequivocal manner the date and time of inquiry, details of the inquiry and the response to the inquiry pursuant to Section 8 of RA 10353; and

cc.  Periodic report on the status of PNP Custodial Facilities and PUPCs shall be submitted to DIDM (copy furnish HRAO) every 3rd day of the month.

7.    RESPONSIBILITIES:

a.    DIDM

1)   Designated OPR of this MC;

2)   Shall develop a system, through the Information Technology Division for monitoring the number and status of PUPCs and other relevant data; and

3)  Perform other tasks as may be necessary in order to efficiently and effectively carry out this MC.

b.    DC

1)   Provide the budgetary requirements for the implementation of this MC;

2)   Update   the   existing   Fiscal   Directive   No.   2017-09   with   subject: “Subsistence Allowance for Detainees” in accordance with this MC; and

3)  Perform other tasks as may be necessary in order to efficiently and effectively carry out this MC.

c.    DL

1)   Provide the standard requirements of custodial facilities in accordance with requirements of HRAO;

2)   Ensure proper distribution of logistical requirements; and

3)  Perform other tasks as may be necessary in order to efficiently and effectively carry out this MC.

d.    DHRDD

1)  Conceptualize  and  include  the  necessary  training  pertaining  to  the proper maintenance and management of PNP custodial facilities in all PNP mandatory courses; and

2)  Perform other tasks as may be necessary in order to efficiently and effectively carry out this MC.

e.    DPCR

1)   Prepare communication plan in relation to the implementation of this policy; and

2)  Perform other tasks as may be necessary in order to efficiently and effectively carry out this MC.

f.    All PROs and NSUs

1)   Ensure that the policies and guidelines set forth in the PNP MC No. 42- 2016 entitled, “Duties and Responsibilities of Police Human Rights Officers in the Conduct of Inspection of Custodial Facilities”, shall be observed in your AOR;

2)   Ensure that all the required necessities of PUC are met;

3)  Ensure that no secret custodial facilities or any other forms of secret detention places is maintained or used in your AOR;

4)  Immediately cause the conduct of investigation on cases where PNP personnel  is  involved  in  the  maintenance  and  utilization  of  secret custodial facility or any other forms of secret detention places in your AOR;

5)  Ensure strict compliance with the Memorandum from OIC, HRAO dated May 4, 2017 with subject, “Reiteration re: Nationwide Inventory and Inspection of PNP custodial facilities”;

6)   Ensure  the  successful  implementation  of  this  MC  in  their  respective AOR; and

7)  Perform other tasks as may be necessary in order to efficiently and effectively carry out this MC.

8.    COORDINATING INSTRUCTIONS:

a.    Lateral and vertical coordination with concerned units/offices involved in this activity is authorized and highly encouraged; and

b.    Tasked Offices/Units shall submit their respective IMPLAN to DIDM not later than 15 days after approval of this MC.

9.    ADMINISTRATIVE SANCTION:

a.    Immediate supervisors and/or heads of offices who will fail to follow the guidelines set forth in this MC shall be held administratively liable under NAPOLCOM Memorandum Circular 2016-002 for Neglect of Duty; and

b.    This MC shall be suppletory to existing PNP policies.

10. EFFECTIVITY:

This MC shall take effect after 15 days from the filing of a copy thereof at the University of the Philippines Law Center in consonance with Section 3, Chapter 2,  Book  VII  of  Executive  Order  No.  292,  otherwise  known  as  the  “Revised Administrative Code of 1987,” as amended.


(SGD) OSCAR D. ALBAYALDE
Police Director General Chief, PNP