Law Summary
Definition of Key Terms
- Court Processes and Issuances of Quasi-Judicial Agencies: Formal writings issued by courts or quasi-judicial bodies compelling compliance, including notices, subpoenas, summons, resolutions, orders, writs, judgments, and decisions.
- Courts: Government bodies vested with jurisdiction to resolve justiciable disputes, including the Supreme Court, Court of Appeals, Sandiganbayan, Court of Tax Appeals, various trial courts, and Shari'a courts.
- Quasi-Judicial Agencies: Government entities besides courts authorized to resolve issues involving specific laws. Examples include DOJ, BOC, BUD, NBI, LTO, MMDA, and legislative bodies.
- Persons in Custodia Legis: Individuals under judicial control, whether actual or constructive, for legal purposes.
- Persons Under Personal Custody of a Court-Appointed Custodian: Individuals under direct control of a court-designated custodian for care or safekeeping.
General Policy
- All court processes and quasi-judicial issuances received by the PNP require approval from the Chief of the PNP (CPNP) or an authorized representative before any action.
- Disposition or movement of detainees must only occur pursuant to lawful court orders from the jurisdictional court.
Procedure
- All court processes received by any PNP unit are first referred to the CPNP, with copies furnished to the PNP Legal Service (D, LS).
- The PNP Legal Service coordinates with concerned PNP units to obtain necessary documents and information to determine appropriate action.
- The PNP Legal Service recommends to the CPNP the proper actions required to comply with court processes or quasi-judicial issuances.
- No detainee disposition or movement shall be executed without prior CPNP approval.
- The executing PNP unit must submit an After Operations Report or Compliance Report to the CPNP and furnish a copy to the PNP Legal Service.
- The PNP Legal Service then issues an appropriate return to the originating court or agency, indicating compliance or non-compliance and reasons.
Rescission
- All previous PNP memoranda and circulars conflicting with this Circular are rescinded or nullified upon approval of this Circular.
Effectivity
- The Circular takes effect immediately upon approval.