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1
NATRo b POLICE COMMISSION
PHILlP6gNE NATIONAL POLICE, NATIONAL HEADQUARTERS
OFFICE OF TWE CHIEF, PNP
Can\p BGen Rafael T Crame, Quezon City
PNP MEMORANDUM CIRCULAR r
NUMBER Z016-Q * JUX 2 8 2018
GUIDELINES AND PROCEDURES IN THE MANAGEMENT AND SUPERVISION
OF ALL PNP CUSTODIAL FACILITIES AND PERSONS UNDER PNP CUSTODY
1. REFERENCES:
a. Republic AO (R.A.) No. 10353, the Anti-Enforced Disappearanoe 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-Baced Policing;
e. LOI 55/07 •PAMANA• (PNP Human Rights Development Program);
f. PNP PAT.R.0.L. Plan 2030;
g. Directorate for Conptrollership Fiacal Directive No. 2017-09;
h. Memorandum from tha C, PNP dated August 1, 2015 with subject, "Use of
the Term Custodial Facility Instead of Detention Facility";
Memorandum from the Directorate for lnveatigation and Detective
Management (DIDM) dated May 16, 2017 with subject, °Reiteration of the
Policies and Guidelines in the Inventory and lnveetigation of
Custodial Facilities•;
Memorandum from OIC, Human Rights Affairs Office dated May 4,
2017, with subject, “Reiteration re. Nationwide Inventory and Inspection of
PNP Custodial Facilitias•
k. PNP Memorandum Circular No. 42-2016 with subject, “Duties and
Responsibilities of Police Human Rights Officers in the Conduct of
Inspection of Custodial Facilitiea":
l. Memorandum from C, HRAO dated February 11, 2014 with subject,
“Addendum to the Submieeion of Inventory of Detention Facilities";
m. Memorandum from DIDM dated May 16, 2013 with subject, ”Salient
Provisions of RA 10353 and ita 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, 4 Floor, National Headquarters, Camp Crame,
Quezon City.
2. RATIONALE:
This PNP Memorandum Circular (MC) provides the comprehen9ive 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.
Page 1 of
7 Management and Supenzieion of PNP Custodial Facilities and Persons under PNP
Custody
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 custooy
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 °jaiIers 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.
Page 2 of 7
Management and Supervision of PNP Custodial Facilities and Persons under PNP Custody
5. DEFINITION OF TERMS:
a. Authortzad Vîaltor - ahall be the PUPC's immediate family member,
lawyer, apîrîtual advieer, govemment aumoritiea, and anyone
whose requaet for vîeit hes been grantæl by the Chief, PNP.
b. Contraband - æfers to property that ie illegal to posœss or transport.
lt may be goode that are illegal to import or export and are attempted
to be smuggled into a œuntry.
c. Custodial Facllltlaa — formerly known as •detention facîlities," are facilities
within PNP pæmiees that are used to hold arrested persons under custodial
investigation.
d. Chlef, Custodial Facilité — shall be the head of offices. units or stations.
e. Custodial guparvlaor — shall be the head of the investigation unit or
section.
f. Pensons under PNP Cuetody (PUPC) - formerly known as
“detainees," are peæons who aæ being hold by the PNP in ils
custodial facilities who were arræted for an offense or previous violation
of law.
g. PNP CuatodMl OÆcsr - formerly known as “jailer," who is responsible
for the overall atatus of a person in custody.
h. Human Rlghta Affaire Office — is the ofFice responsible for the integration
of PNP afforts and develop systamatîc, holistic implementation of
human rights progæms and activities; reviewing, formulation and
recommendation of human ûghte policies and programs including
administrative and legal measures on human rights; monitoëng
invesôgation and legal/judicial procesaes ælated to human nghts
violations; undertaking information campaign on PNP human righB
initiatives: and establishing links with concerned agæiciea involved in
handling HRV cases vs PNP personnel. Inveatlgator on Cæe (IOC) -
refers to any police officer who is duly designated or aœigned to
conduct the inquiry of the crime by following a syatematîc set of
procedures and methodologies for the purpose of identîfying
witræaaee, gatheûng and recovenng evidenæ, arrestîng the
perpetrators and filing of cnminal cases. lt is the person in charge
of invesôgation for a specific case.
6. GUIDELINES:
a. The head of the PNP offica/unit/station with custodial facility shall be the
Chi8f Of the ct/6tOdiaI fBCility:
b. Tñe chief of inveetigaôon section/offîæ in all PNP Units shall act as
the oveæll custodial supervisor of all PUPCs. The same shall
dasignate reeponalbls Custodial Œflc•ra from their respective
Investigation Oflîœ/UniVStation to further superviæ PUPCs and who
shall ensure that said peæona are all in good condition;
C. API Heada of Offices or Stations shall account the PUPCs daily
and maintain a monitoring system of PUPCs that shall be updated
regularly;
d. All Heada of Offices or Stations shall ensuæ that their respective
custodial facilitiee aæ in compliance with the appropriate specifications in
coordination with the HRAO. They muat ensure that all custodial facilîties
aæ propedy maintained and that the necessitîes of pensons under
PNP custodial facilities are met. They shall coordinate with their
respective Local Govemment Units for ita support in the
maintenance of their respective custodial facilities;
Page 3 of
7 Management and Supervision of PNP Custodial Facilities and Persons under PNP
Custody
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;
9 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:
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;
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;
0 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; 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
Page 4 of 7
Management and Supervision of PNP Custodial Facilit!es and Persons under PNP Custody
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
Visits to PUPCs by any person other than those enumerated above may
be allowed only upon their submission of a wriken 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 Chlef. 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
IDs/passport (colored copy)
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;
The Custodial Facility an informal and temporary penal facility for
arrested suspects, shall not allow conjugal visits for PUPCs,
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;
The PNP custodial facility may only accommodate arrested persons not
beyond the reglementary period as provided in Article 125 of the
Revised Penal Code;
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 3’d day of the month
Page 5 of 7
Management and Supervision of PNP Custodial Facilities and Persons under PNP Custody
7. RESPONSIBILITIES:
a DIDM
1) Designated OPR of this MC,
2) Shall develop a system through the lnformatton 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
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;
Page 6 of 7
Management and Supervision of PNP Custodial Facidities and Persons under PNP Custody
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
R D LBAYAL DE
Police Director General
Chief. PNP
Distribution
Command Group
D-Staff
P-Staff S•O 734y4
Dirs NSU s
C NOC and C, PIO
Page 7 of
7 Management and Supervision of PNP Custodial Facilities and Persons under PNP Custody
F
Republic of the Philippines
National Police Commission
NATIONAL HEADQUARTERS, PHILIPPINE NATIONAL POLICE
DIRECTORATE FOI1 INVESTIGATION AND DETECTIVE MANAGEMENT
Camp BGen Rafael T Crame, Quezon
City
MEMORANDUM
FOR DATE
C, PNP
AP£ROVEDl
THRU
DCA 0 é 8
@ PNP
TDCO
TCDS CPNP „ r•••z A03757e
FROM
U
TDID
SUBJECT Proposed PNP Memorandum Circular (MC) re
Guidelines and Procedures in the Management and
Supervision of all PNP Custodial Facilities and
Persons under PNP Custody
DATE May 10, 2018
1. References ”
a. 3-Day DIDM Policy Workshop dated December 6-8, 2017 at DIDM
Conference Room 4‘" Floor National Headquarters, Camp Crame
Quezon City,
b Directorate for Comptrollership Fiscal Directive No. 2017-09;
c PNP P A T R O L. Plan 2030
Memorandum from the C,PNP dated August 1, 2015 with subject, “Use of
d.
the Term Custodial Facility Instead of Detention Facility”;
e DIDM Memo dated May 16. 2017 with subject “Reiteration of the Policies
and Guidelines in the Inventory and Investlgation of Custodial Facilities";
” f Memorandum from OIC. HRAO dated May 4 2017, with subject,
“Reiteration re Nationwide Inventory and Inspection of PNP Custodial
Facilities’
g PNP Memorandum Circular No 42-2016 with subject, “Dutie's and
Responsibilities of Police Human Rights Officers in the Conduct of
Inspection of Custodial Facilities"
Memorandum from C HRAO dated February 11, 2014 with subject,
”Addendum to the submission of InVentory of Detention Facilities";
Memorandum from Chief. PNP dated November 4, 2008 re’ Inspection of
Custodial Facilities
LOI 55/07 “PAMANA" (PNP Human Rights Development PrO6fam);
k PNP Guidebook on Human Rights-Based Policing
0510l0|6083
OTCDg T080J5F
iUN87/01t
UN Convention Against Torture:
fTi. R.A. No. 10353. the Anti-Enforced Disappearance Act of 2012; and
n. R.A. No. 9745 the Anti-Torture Act of 2009
2. This pertains to the proposed PNP Memorandum Circular (MC) that aims 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
3 In view of the foregoing, attached is the draft MC regarding the Guidelines
and Procedures in the Management and Supervision of all PNP Custodial Facilities
and Persons under PNP Custody.
4 Respectfully submitted for your information and approval of the attached MC
ELMO FRA 0 SARONA
Police Direc
Incl
a/s
Copy turr ishe‹l
DPL
05102018 08 3
