Purpose and why the change matters
- The Memorandum Circular institutionalizes the inclusion of PNP Legal Service lawyers as Crime Scene Attorneys (CSA) in the Crime Response Team (CRT) during actual Crime Scene Investigation (CSI).
- It is designed to address procedural lapses in the investigation stage that contribute to dismissals of PNP-filed cases.
- It is based on the need for legally compliant investigation reports, judicial affidavits, and complaints to improve case outcomes.
- It targets improved conviction rates, crime solution efficiency, and improved relationships with the DOJ and private complainants.
- It aims to enhance public perception of the PNP image.
Definitions and core roles
- A Crime Scene Attorney (CSA) is a PNP Legal Service lawyer who responds to the crime scene to join the First Responders (FR), Investigator-on-Case (IOC)/Duty Investigator, and the SOCO Team in conducting actual CSI.
- A Crime Scene Response Team (CRT) is the team composed of the CSA, FR, IOC, and the SOCO Team that conducts the CSI.
- A Sensational Crime refers to a crime directed against elected government officials, officials appointed by the President, judges, prosecutors, IBP lawyers, media practitioners, militant party list members/leftist activists, labor leaders, foreign nationals, and other persons through shooting, bombing, strafing, assault, enforced disappearance, and other violent overt acts resulting in death or incapacitation that attract national/international public and/or media attention/scrutiny.
- A Serious Election Related Incident (ERI) refers to incidents occurring within the electoral period that include: murder/homicide; serious physical injuries; kidnapping/hostage taking; bombing/grenade throwing; snatching of ballot and other election paraphernalia with threats on the life of the victims; grave threats, intimidation and coercion using firearms and/or explosives; destructive arson of structure and/or equipment; or other life-threatening incidents that affect/disrupt electoral proceedings in the area or create political tension that could upset the electoral process in the incident site and surrounding areas.
- Heinous/Violent Crime refers to a crime directed against politicians and specified officials/persons through shooting, bombing, strafing, assault, and other violent overt acts resulting in death or incapacitation.
Scope of application and coverage limits
- The Memorandum Circular requires that SOP No. 2012-003 and SOP No. ODIDM-2011-008 be amended only insofar as they concern procedures for the FR, IOC, and SOCO Team as members of the CRT in cases covered by the Circular.
- CSA participation is limited due to the limited number of PNP Legal Service lawyers.
- CSA participation is limited to cases involving sensational crimes, serious Election Related Incidents (ERIs), and specific cases when directed by the Chief, PNP, Regional Directors, or Provincial Directors where the CSAs are assigned/detailed.
Mandatory procedures for CRT
- The Circular amends procedures governing CSI as to how the FR, IOC, and SOCO Team operate as members of the CRT when the case falls under the Circular.
- Upon an initial determination by the Chief of Police that a sensational crime or a serious ERI has occurred, the Chief of Police shall call the CSA.
- Upon receiving the call, the CSA shall determine—using searching questions—whether the crime reported fits the definitions of sensational crime or serious ERI.
- If the CSA determines the incident is a sensational crime or serious ERI, the CSA shall immediately respond to the crime scene; otherwise, the CSA shall render relevant legal advice/assistance.
Standards to classify sensational crimes and serious ERIs
- A sensational crime is indicated when the incident involves a high-profile personality victim/s (such as political figures, media practitioners, movie personalities); the nature of the crime is extraordinarily brutal and perverse/shocking to the senses; and the incident might attract national/international public and/or media attention/scrutiny.
- A serious ERI includes incidents where the victim is a candidate for any elective post, a COMELEC officer, or a supporter of a political party.
- A serious ERI includes incidents that could affect or disrupt electoral proceedings or create political tension that could possibly upset the electoral process in the incident site and surrounding areas.
- A serious ERI includes incidents that involve one or more of the following: murder/homicide, serious physical injuries, kidnapping/hostage taking, bombing/grenade throwing, snatching of ballot and other election paraphernalia with threats to the life of the victims, grave threats, intimidation and coercion with the use of firearms and/or explosives, destructive arson of structure and/or equipment, or other life-threatening incidents to victims.
On-scene CSI duties and charging coordination
- Upon arrival at the crime scene, the CSA shall ensure observance of applicable laws, legal procedures, and doctrines during CSI.
- If effecting an arrest, the CSA shall ensure the suspect is accorded all rights of an arrested person as prescribed by existing laws and jurisprudence.
- The CSA shall ensure observance of legal doctrines such as the chain of custody rule and Miranda Doctrine.
- After evaluating the crime scene and all other circumstances, the CSA shall ascertain the proper offense to be charged to determine all relevant pieces of evidence to be collected and gathered by the SOCO Team.
- The CSA shall be responsible for preparation of the appropriate complaint to be filed, assisted by the other members of the CRT.
- The CSA shall assist in the preparation of the Case Investigation Plan (CIPLAN).
Administrative offense and sanctions
- Any violation of the SOP provisions constitutes an administrative offense.
- Commanders may be held liable under the principle of Command Responsibility, including Unit Commanders.
- Administrative sanctions are imposed without prejudice to any criminal liability if warranted by the circumstances.
Repeal and effect on inconsistent rules
- Issuances, memoranda, rules, and regulations issued by the PNP that are inconsistent with the Memorandum Circular are deemed repealed or amended accordingly.