QuestionsQuestions (PNP MEMORANDUM CIRCULAR NO. 2011-012)
The circular is based on references including LOI 55/07 (PNP Human Rights Development Program), Republic Act (R.A.) 9745 (Anti-Torture Law of 2009), R.A. 9851 (IHL Act of 2009), and R.A. 8049 (Anti-Hazing Law), among others. Its purpose is to provide PNP policy, directives, guidelines, and procedures for strict observance of human rights standards—specifically prohibiting torture, hazing, and other cruel, inhuman, and degrading acts—in police training courses and all other police functions.
Torture refers to any punishment, hazing, or other treatment/acts where severe pain or suffering—physical, psychological, or pharmacological—is intentionally inflicted on police recruits/applicants, police personnel, or others undergoing training under PNP supervision and control, including RTCs under NPC/PPSC, and/or as defined under R.A. 9745 and R.A. 9851.
Hazing is any physical or psychological suffering, punishment, or maltreatment imposed on a police applicant, recruit, trainee, or any other person as a prerequisite for admission into or completion of a PNP education/training course, and/or as defined under R.A. 8049.
It refers to deliberate and aggravated treatment or punishment including discrimination inflicted by a superior PNP officer/personnel on applicants, recruits, trainees, or other persons undergoing training under PNP supervision and control, and/or as defined under R.A. 9745 and R.A. 9851.
Police training refers to all mandatory special education and training courses organized and implemented by the PNP. All such training courses are covered by the prohibition and policies in the circular.
Police functions include all operational and administrative tasks or actions taken by PNP personnel in the performance of their official functions.
It is the failure of a superior officer to take preventive or corrective action despite knowledge that torture, hazing, or other cruel/inhuman/degrading acts were/will be committed by subordinates or others under his/her command or area of responsibility; it is also linked to the definition in EO 226 (Feb. 15, 1995).
The immediate officer is the police commissioned officer holding an office/position that gives direct control and supervision over the concerned personnel at the time of the offense.
The circular commits the PNP to: comply with international/national human rights laws; use only human-rights-compliant scientific methods in training and police work; strictly prohibit torture/hazing/cruel-inhuman-degrading acts; ensure thorough, speedy, impartial investigations and appropriate sanctions; apply the principle of command responsibility; and implement accountability even for officers who fail to act.
The circular provides that failure of the immediate officer to take action against an erring subordinate within 24 hours despite knowledge of a violation will be a ground for the immediate relief of that officer.
The immediate officer who is presumed to have knowledge of human rights violations committed by subordinates shall be subjected to a precharge evaluation (PCE) by the disciplinary authority having jurisdiction, pursuant to Rule 21 of NAPOLCOM Memorandum Circular No. 2007-001, for neglect of duty.
The circular states that the immediate officer shall be immediately relieved on the presumption of negligence if, during the immediate officer’s tenure, his/her subordinates are involved in three (3) incidents of human rights violations, whether or not corrective/preventive actions were taken; this is without prejudice to filing an administrative charge of neglect of duty.
They shall be immediately placed on restriction pending the conduct of an official inquiry or investigation.
Upon request, the RD/PD/CD/COP/chief of officers shall provide security or protection to complainants and witnesses on cases/complaints until such persons requiring security are admitted into the government witness protection program.
The RD/PD/CD/COP and chief of officers must fully cooperate with any inquiry, inspection, or investigation conducted by the Commission on Human Rights (CHR) or Congress into alleged cases of torture, hazing, and other forms of human rights violations.
Coordination must be immediately undertaken when the alleged victims are women, children, and/or minors, involving the CHR, DSWD, DOH, PNP Human Rights Affairs Office, and PNP Women and Children Protection Center.
HROs support implementation including development of a database on alleged human rights violations and case referrals, inspection of custodial detention facilities, and close coordination with the CHR in the area.
All PNP policies, directives, and issuances inconsistent with the provisions of the circular are deemed rescinded or modified accordingly.
It takes effect immediately upon approval.