Question & AnswerQ&A (PNP CIRCULAR NO. 2003-001)
The purpose of this Circular is to prescribe the policies and guidelines in the disposition of court processes and/or issuances by quasi-judicial agencies addressed to the Philippine National Police (PNP).
These are formal writings issued by authority of law through regular courts or quasi-judicial agencies which compel compliance with their demands. They include notices, subpoenas, summons, resolutions, orders, writs, judgments, and decisions.
Courts refer to government instrumentalities vested by law with the power to resolve justiciable disputes. This includes the Supreme Court, Court of Appeals, Sandiganbayan, Court of Tax Appeals, Regional Trial Courts, Shari'a District Courts, Metropolitan Trial Courts, Municipal Trial Courts, Municipal Circuit Trial Courts, and Shari'a Circuit Courts.
These are government instrumentalities other than regular courts authorized to resolve controversies involving laws that require technical expertise. Examples include the DOJ, BOC, BUD, NBI, LTO, MMDA, and the Legislature (Senate and House of Representatives).
'Persons in Custodia Legis' refers to individuals under judicial control, either actual or constructive, in alignment with legal duties or purposes requiring such control.
These are individuals under the immediate and actual control of a person mandated by the court to have care or safekeeping over them.
Disposition must be approved by the Chief of the Philippine National Police (CPNP) or his duly authorized representative before any action is taken.
Such disposition or movement can only occur upon lawful orders from the court having jurisdiction over the detained person.
All court processes must first be referred to the CPNP, copying the Directorate for Legal Service (D, LS). The PNP Legal Service coordinates to secure necessary documents, recommends actions to the CPNP, and no movement of detained persons shall happen without CPNP approval. After implementation, a compliance report must be submitted to the CPNP and the originating court or agency.
An After Operations Report or Compliance Report must be submitted to the CPNP, with a copy furnished to the PNP Legal Service, which then reports compliance or non-compliance to the court or quasi-judicial agency of origin.
All PNP memoranda and circulars contrary or in direct conflict with this Circular are rescinded or nullified upon approval of this Circular.