QuestionsQuestions (MEMORANDUM CIRCULAR NO. 2018-027)
The MC cites R.A. No. 10353 (Anti-Enforced Disappearance Act of 2012), R.A. No. 9745 (Anti-Torture Act of 2009), the UN Convention Against Torture, and internal PNP human-rights-related issuances such as the PNP Guidebook on Human Rights-Based Policing and PNP programs/plan documents.
It is the head of the offices, units, or stations that maintain a PNP custodial facility.
The chief of the investigation section/office in all PNP Units acts as the overall custodial supervisor of persons under PNP custody (PUPCs).
PUPCs are persons held by the PNP in its custodial facilities who were arrested for an offense or previous violation of law (formerly referred to as detainees).
The MC reflects an internal PNP policy memorandum that uses the term “custodial facility” instead of “detention facility,” emphasizing the facility’s role as an informal and temporary place for arrested persons under custodial investigation.
They must account for PUPCs daily and maintain a monitoring system of PUPCs updated regularly.
The custodial supervisor (chief of the investigation section/office) designates responsible Custodial Officers who supervise PUPCs and ensure they are in good condition.
Heads of offices/stations must ensure custodial facilities comply with HRAO specifications, are properly maintained, meet the necessities of persons in custody, and coordinate for support with local government units.
They must be on rotation detail but only the designated person on duty holds the key; they must undergo regular seminars/workshops on human rights and relevant jail management trainings; and they must undergo regular extensive background and lifestyle checks.
There must be separate custodial facilities for men and women. Female PUPCs must be confined separately from males; if space is limited, custodial officers must provide the best arrangement possible consistent with the rule.
Tuesdays to Fridays: 1:00 PM–5:00 PM; Saturdays and Sundays: 8:00 AM–12:00 NN and 1:00 PM–5:00 PM.
Legal counsels on record, medical doctors, priests or religious ministers chosen by the person under custody, and members of his immediate family or by his counsel may visit at any hour; in urgent cases, this extends to the night.
They may be allowed only upon submitting a written request at least ten (10) working days prior to the intended visit, subject to approval by the Chief, PNP for foreign requests or the Regional Director for local requests.
The MC expressly provides that the custodial facility shall not allow conjugal visits for PUPCs.
The unit must verify with the court whether a commitment order has already been issued.
The Chief of the custodial facility must immediately issue a written certification stating the presence/absence and/or whereabouts of the disappeared person, clearly indicating the date/time of inquiry, the details of the inquiry, and the response pursuant to Section 8 of R.A. No. 10353.
A periodic report on the status of PNP custodial facilities and PUPCs must be submitted to DIDM every 3rd day of the month, with a copy furnished to HRAO.
They may be held administratively liable under NAPOLCOM Memorandum Circular 2016-002 for Neglect of Duty; the MC is also stated to be suppletory to existing PNP policies.