Purpose
- Institutionalize the inclusion of PNP Legal Service lawyers as Crime Scene Attorneys (CSAs) in the Crime Response Team (CRT) during Crime Scene Investigation (CSI).
Situation and Rationale
- High dismissal rates of PNP-filed cases (up to 60% in 2010) due to procedural errors during investigation stage.
- Reasons for dismissal: insufficient evidence, violations of accused’s constitutional rights, inadmissible evidence, chain of custody lapses, and other technical defects.
- Current CSI personnel: First Responders, Investigator-on-Case, SOCO Team.
- Need to include legally knowledgeable personnel (CSAs) during CSI to improve investigation quality and legal compliance.
Scope of Application
- CSA participation limited to:
- Sensational crimes
- Serious Election Related Incidents (ERIs)
- Specific cases directed by Chief, PNP or regional/provincial directors
- Limited number of PNP Legal Service lawyers restricts broader involvement.
Objectives
- Short Term:
- Integrate CSA into Crime Scene Response Team
- Ensure well-handled, legally compliant investigations, reports, affidavits, complaints
- File procedurally sound cases
- Long Term:
- Increase conviction rates
- Improve crime solution efficiency
- Enhance relationships with DOJ and complainants
- Boost public perception of PNP
Definitions
- Crime Scene Attorney (CSA): PNP Legal Service lawyer who participates in CSI
- Crime Scene Response Team (CRT): CSA + First Responder + Investigator-on-Case + SOCO Team
- Sensational Crime: Crimes against high-profile officials/persons through violent acts causing death/incapacitation attracting media/public attention
- Serious Election Related Incident (ERI): Life-threatening acts during electoral periods affecting electoral proceedings, including murder, kidnapping, bombing, threatening acts related to election process
- Heinous/Violent Crime: Violent crimes against public officials, media, activists, foreign nationals causing death/incapacitation
Crime Scene Investigation Procedures
- Upon incident report, Chief of Police calls CSA if crime appears sensational or serious ERI.
- CSA evaluates incident through specified criteria:
- For Sensational Crimes:
- High-profile victim(s)
- Brutality or perverse nature
- National/international media attention potential
- For Serious ERIs:
- Victim connected to election process (candidate, COMELEC official, supporter)
- Potential disruption or political tension affecting elections
- Involvement of murder, serious injury, kidnapping, bombing, snatching of ballots, threats, arson, other life-threatening incidents
- For Sensational Crimes:
- If criteria met, CSA responds to scene; otherwise, provides legal advice.
Role and Responsibilities of CSA at Crime Scene
- Ensure compliance with laws and legal procedures during CSI
- Safeguard constitutional rights during arrests (Miranda Doctrine, chain of custody)
- Evaluate evidence relevance, determine proper charges
- Assist SOCO Team in evidence collection
Case Preparation
- CSA drafts legal complaints with assistance of CRT members.
- CSA aids preparation of the Case Investigation Plan (CIPLAN).
Penal Provisions
- Violations of this SOP constitute administrative offenses, potentially implicating Unit Commanders under Command Responsibility
- Administrative sanctions are separate from possible criminal liabilities
Repealing Clause
- Prior inconsistent PNP issuances, memoranda, or regulations are repealed or amended accordingly.
Effectivity
- The Memorandum Circular becomes effective 15 days after filing with the University of the Philippines Law Center
- Compliance with Executive Order No. 292 (Revised Administrative Code of 1987) Sections 3 and 4, Chapter 2, Book VII.