QuestionsQuestions (PNP MEMORANDUM CIRCULAR NO. 2013-004)
It cites existing internal PNP issuances (SOP No. 2012-003 on procedures in investigation of heinous/sensational crimes; SOP No. ODIDM-2011-008 on conduct of crime scene investigation; PNP Criminal Investigation Manual (Revised) 2010; PNP Operational Procedures (Revised) 2010) and amends those insofar as they concern the CRT procedures in covered cases.
Short term: inclusion of CSAs in the CRT in specific cases; legally compliant investigation reports, judicial affidavits, and complaints; and procedurally unassailable cases filed in court. Long term: higher conviction rates, improved crime solution efficiency, improved DOJ/private complainant relationship, and improved public perception of the PNP.
A PNP Legal Service lawyer who responds to the crime scene to join the First Responders (FR), Investigator-on-Case/Duty Investigator (IOC), and the SOCO Team in conducting the actual Crime Scene Investigation (CSI).
The team composed of the CSA, FR, IOC, and the SOCO Team who conducts the CSI.
A crime directed against certain high-profile categories (e.g., elected officials, judges, prosecutors, media practitioners, etc.) through violent acts resulting in death/incapacitation and attracting national/international public or media scrutiny. The CSA uses parameters: (1) high-profile personality victim(s), (2) shocking/brutal/perverse nature, and (3) likelihood of attracting media/public scrutiny.
An incident within the electoral period that can affect/disrupt electoral proceedings or create political tension. It includes murder/homicide, serious physical injuries, kidnapping/hostage taking, bombing/grenade throwing, snatching of ballots/election paraphernalia with threats on life, grave threats/intimidation/coercion using firearms/explosives, destructive arson of structures/equipment, and other life-threatening incidents.
The Chief of Police shall call the CSA. The CSA then determines, via searching questions, whether the reported incident falls within the definitions of sensational crime or serious ERI.
The CSA shall render relevant legal advice/assistance instead of immediately responding to the crime scene as a CRT member for actual CSI.
Ensure observance of applicable laws, legal procedures, and doctrines during CSI; ensure suspects (if arrested) are accorded rights of arrested persons; ensure observance of chain of custody rule and the Miranda Doctrine, among other legal doctrines.
The CSA is responsible for the preparation of the appropriate complaint to be filed, assisted by other members of the CRT.
CIPLAN is the Case Investigation Plan. The CSA assists in its preparation.
Procedural lapses particularly during the investigation stage, leading to dismissals at the prosecution level and low conviction rates. Common reasons include lack of evidence, violation of constitutional rights, inadmissibility of evidence, chain of custody violations, and other technical infirmities.
The CSA must ensure their observance because violations may lead to inadmissibility of evidence and/or constitutional violations—both of which commonly cause dismissals or affect conviction.
Any violation constitutes an administrative offense that may include unit commanders under the principle of command responsibility, and administrative sanctions are without prejudice to any criminal liability if warranted.
It takes effect 15 days from the filing of a copy at the University of the Philippines Law Center, in consonance with Sections 3 and 4 of Chapter 2, Book VII of Executive Order No. 292 (Revised Administrative Code of 1987), as amended.