PNP Custodial Facilities Management Guidelines

Legal basis and referenced frameworks

Republic Act No. 10353 (Anti-Enforced Disappearance Act of 2012) is a referenced legal framework governing duties in enforced or involuntary disappearance-related inquiries and corresponding certification requirements.
Republic Act No. 9745 (Anti-Torture Act of 2009) is a referenced legal framework.
The UN Convention Against Torture is referenced as an international standard connected to custodial human rights obligations.
The PNP Guidebook on Human Rights-Based Policing is referenced to guide human-rights compliant police custodial practices.
LOI 55/07 aPAMANAa (PNP Human Rights Development Program) is referenced as a policy program.
PNP P.A.T.R.O.L. Plan 2030 is referenced as an institutional framework.
Directorate for Comptrollership Fiscal Directive No. 2017-09 is referenced and is required to be updated with a subsistence allowance directive under DC responsibilities.
Prior internal PNP issuances and memoranda are referenced for custodial-facility inspection, inventory, terminology, and operational policies affecting custodial facility management.

Policy rationale and purpose

The Memorandum Circular provides comprehensive guidelines and procedures for the management and supervision of PNP Custodial Facilities and Persons under PNP custody (PUPCs) across all Philippine National Police (PNP) units.
The Memorandum Circular is formulated to ensure custodial incidents involving violations of the rights of persons under police custody do not recur.
The Memorandum Circular requires custodial facilities to be humane and aligned with the requirements of the Human Rights Affairs Office (HRAO) and with internationally recognized human rights adopted by the PNP.
The Memorandum Circular sets guidelines so that persons under PNP custody are humanely taken care of according to international human rights standards recognized by the PNP.
The implementation under the DIDM is geared towards efficient police service by standardizing guidelines and ensuring compliance with human-rights requirements.

Definitions of key terms

Authorized Visitor means an immediate family member of the PUPC, lawyer, spiritual adviser, government authorities, or anyone whose request for visit has been granted by the Chief, PNP.
Contraband refers to property that is illegal to possess or transport, including goods illegal to import or export that are attempted to be smuggled into a country.
Custodial Facilities (formerly known as “detention facilities”) are facilities within PNP premises used to hold arrested persons under custodial investigation.
Chief, Custodial Facility is the head of offices, units, or stations.
Custodial Supervisor is the head of the investigation unit or section.
Persons under PNP Custody (PUPC) (formerly known as “detainees”) are persons held by the PNP in its custodial facilities who were arrested for an offense or previous violation of law.
PNP Custodial Officer (formerly known as “jailer”) is the responsible person for the overall status of a person in custody.
Human Rights Affairs Office (HRAO) is responsible for integrating PNP human rights efforts; developing systematic human rights programs; reviewing, formulating, and recommending human rights policies and programs including administrative and legal measures; monitoring human rights-related investigation and legal/judicial processes; conducting information campaigns on PNP human rights initiatives; and establishing links with concerned agencies handling HRV cases involving PNP personnel.
Investigator on Case (IOC) is any duly designated or assigned police officer who conducts inquiry using systematic procedures and methodologies to identify witnesses, gather and recover evidence, arrest perpetrators, and file criminal cases.

Custodial facilities and custody rules

The head of each PNP office/unit/station with a custodial facility is the Chief of the Custodial Facility.
The chief of the investigation section/office in all PNP units acts as the overall custodial supervisor of all PUPCs and designates responsible Custodial Officers from their investigation office/unit/station to supervise PUPCs and ensure that PUPCs are in good condition.
All Heads of Offices or Stations must account for PUPCs daily and maintain a monitoring system of PUPCs updated regularly.
Each Head of Office/Station must ensure custodial facilities comply with appropriate specifications coordinated with HRAO and must ensure proper maintenance and that necessities of persons in custody are met, including coordination with respective Local Government Units for support in maintenance.
All Heads of Offices/Stations must route requests to DIDM for the issuance of the subsistence allowance of PUPCs, and DIDM must ensure allocation of subsistence allowance in accordance with DC policies and procedures.
Responsible Custodial Officers and Heads of Offices/Stations must conduct regular inspections to ensure proper management of custodial facilities and to prevent or eradicate contraband.
PNP personnel manning custodial facilities must: (1) be detailed for duty on rotation basis but only designated personnel on duty have custody of the key; (2) undergo a regular seminar/workshop on Human Rights and other jail management trainings; and (3) undergo a regular extensive background and lifestyle check.
PNP custodial facilities must be used only as temporary custodial facilities for persons under custodial investigation.
There must be a separate custodial facility for men and women, with female PUPCs confined separately; where area limitations exist, Custodial Officers and Personnel must endeavor to provide the best arrangement consistent with the separation rule.
Authorized visitors must access only the designated visitors area during visiting schedules: Tuesdays to Fridays, 1:00 PM–5:00 PM and Saturdays and Sundays, 8:00 AM–12:00 NN and 1:00 PM–5:00 PM.
PUPCs manifesting signs and symptoms of mental illness must be referred to a PNP Health Service (PNP-HS) psychiatrist for evaluation and treatment.
PUPCs who are persons with disability (PWD) and Senior Citizens must be closely monitored to protect them against maltreatment and any form of abuse by other PUPCs, personnel, and visitors.
Pregnant PUPCs must be referred to a PNP-HS physician or nurse for pre-natal examination and regular checkups; during active labor, pregnant PUPCs must be transferred to the nearest government hospital.
Regular general health checkups must be conducted by PNP-HS to ensure basic health needs are provided.
If recommended by a PNP-HS physician for hospital confinement, PUPCs must be confined in a PNP hospital or the nearest government hospital.
Legal counsels on record, medical doctors, priests or religious ministers chosen by the person under custody, or any member of the person’s immediate family or counsel may visit at any hour of the day, or in urgent cases, during the night.
Immediate family members—spouse, fiancé or fiancée, parent or child, brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece, and guardian or ward—may visit during the visiting schedules only.
Commission on Human Rights (CHR) personnel may be allowed to visit upon presentation of a valid I.D. and a Mission Order issued by their Regional Director or the Commission Proper.
Members of local or international NGOs duly accredited by CHR may be allowed to visit upon securing clearance from the Directorate for Intelligence or other appropriate channels.
Visits by persons other than those enumerated must be supported by a written request submitted at least ten working days prior to the intended visit date, subject to approval by the Chief, PNP for foreign requests or the Regional Director for local requests.
A foreign national who is not a member of a CHR-duly-accredited NGO or any international non-government organization may not be allowed visits without approval by the Chief, PNP and/or proper clearance from the Directorate for Intelligence (DI).
A foreign national seeking to visit a PUPC must submit a letter of intent to the Chief, PNP at least 2 weeks in advance, endorsed by the Department of Foreign Affairs (DFA) upon a Note Verbale from the concerned embassy, and must include the purpose, itinerary, basic biographical information, and a copy of valid IDs/passport (colored copy).
The Chief of the Custodial Facility or the Custodial Supervisor may cut short, cancel, or terminate visiting schedules and may limit the number of visitors at any given time considering space limitations in the visitation area and prevailing safety and security considerations.
Custodial facilities are informal and temporary penal facilities for arrested suspects and must not allow conjugal visits for PUPCs.
When the case against a person under custody is already filed in court, the PNP unit must verify with the court whether a commitment order has been issued.
Custodial facilities may accommodate arrested persons only within the reglementary period provided in Article 125 of the Revised Penal Code.
If a commitment order has not yet been issued within a reasonable period, the Chief of Police or Head of the PNP unit must send a formal request to the Clerk of Court for issuance of commitment order to the BJMP of the place or territory where the PUPC is being tried.
If a commitment order has been issued, the Chief of Police or Head of the PNP unit must ensure the PUPC is immediately delivered, without delay, to the jail indicated in the commitment order.
If a family member, relative, lawyer, representative of a human rights organization, or a member of the media inquires with a member or official of any police custodial facility about the presence or whereabouts of a reported enforced or involuntary disappearance victim, the Chief of the Custodial Facility must immediately issue a written certification stating the presence or absence and/or information on whereabouts, including the date and time of inquiry, inquiry details, and the response pursuant to Section 8 of RA 10353.
Periodic reports on the status of PNP Custodial Facilities and PUPCs must be submitted to DIDM (with copy furnished to HRAO) every 3rd day of the month.

Roles and duties of PNP offices

DIDM is the designated OPR of this Memorandum Circular and must develop a monitoring system through the Information Technology Division for the number and status of PUPCs and other relevant data.
DC must provide budgetary requirements for implementation of this Memorandum Circular, must update Fiscal Directive No. 2017-09 with the subject “Subsistence Allowance for Detaineesa in accordance with this MC,” and must perform other tasks necessary for efficient and effective implementation.
DL must provide standard requirements of custodial facilities in accordance with HRAO requirements, must ensure proper distribution of logistical requirements, and must perform other tasks necessary for implementation.
DHRDD must conceptualize and include necessary training on proper maintenance and management of PNP custodial facilities in all PNP mandatory courses and must perform other tasks necessary for implementation.
DPCR must prepare a communication plan for implementation and must perform other tasks necessary for implementation.
All PROs and NSUs must ensure observance of PNP Memorandum Circular No. 42-2016 on the duties and responsibilities of police human rights officers in custodial facility inspection within their AOR.
All PROs and NSUs must ensure all required necessities of PUC are met, must ensure no secret custodial facilities or secret detention places are maintained or used in their AOR, and must immediately cause investigation on cases involving PNP personnel maintaining or using secret custodial facilities or secret detention places within their AOR.
All PROs and NSUs must ensure strict compliance with the HRAO memorandum dated May 4, 2017 on nationwide inventory and inspection of PNP custodial facilities and must ensure successful implementation of the present Memorandum Circular in their respective AOR.

Coordination and implementation steps

Lateral and vertical coordination with concerned units/offices involved in custodial-facility activities is authorized and highly encouraged.
Tasked offices/units must submit their respective IMPLAN to DIDM not later than 15 days after approval of the Memorandum Circular.

Administrative sanctions and suppletory effect

Immediate supervisors and/or heads of offices who fail to follow the Memorandum Circular’s guidelines are held administratively liable under NAPOLCOM Memorandum Circular 2016-002 for Neglect of Duty.
The Memorandum Circular applies as suppletory to existing PNP policies.