Question & AnswerQ&A (PNP MEMORANDUM CIRCULAR NO. 2013-004)
The purpose is to institutionalize the inclusion of PNP Legal Service lawyers as Crime Scene Attorneys (CSA) in the Crime Response Team (CRT) during actual Crime Scene Investigation (CSI).
CSAs are PNP Legal Service lawyers who respond to the crime scene to join the First Responders, Investigator-on-Case, and the SOCO Team in conducting the actual CSI.
Cases involving sensational crimes, serious Election Related Incidents (ERIs), and specific cases directed by the Chief, PNP, Regional Directors or Provincial Directors.
A crime against elected officials, appointed government officials, judges, prosecutors, lawyers, media practitioners, activists, foreign nationals, or other persons involving shooting, bombing, assault, or other violent acts resulting in death or incapacitation, attracting national/international attention.
Incidents during the electoral period involving murder, serious physical injuries, kidnapping, bombing, snatching of ballots with threats, grave threats or coercion with firearms or explosives, destructive arson, or other life-threatening events that could disrupt or affect the electoral process.
The CSA ensures observance of applicable laws and legal procedures, including rights of the arrested, proper application of legal doctrines such as the chain of custody rule and Miranda doctrine, evaluates the crime scene, and determines the appropriate offense to be charged.
The CRT is composed of the Crime Scene Attorney (CSA), First Responders (FR), Investigator-on-Case (IOC), and the SOCO Team.
To include CSAs in specific cases, ensure well-handled and legally compliant investigations, and produce procedurally unassailable cases filed in court.
Any violation constitutes an administrative offense, which may include Unit Commanders under the principle of Command Responsibility, with administrative sanctions that do not preclude any criminal liability if warranted.
It takes effect 15 days from filing a copy at the University of the Philippines Law Center, in accordance with Sections 3 and 4 of Chapter 2, Book VII of Executive Order No. 292 (Revised Administrative Code of 1987), as amended.
Achieving a higher conviction rate, improving crime solution efficiency, improving relationships with DOJ and complainants, and enhancing the public perception of the PNP.
The CSA prepares the appropriate complaint to be filed and assists in preparing the Case Investigation Plan (CIPLAN) together with other members of the CRT.
Guidelines include the profile of the victim (high-profile or candidate/supporter), nature of the crime (shocking, brutal), potential to attract media attention, and threat to electoral proceedings or political tension.