Title
PNP Custodial Facilities Management Guidelines
Law
Memorandum Circular No. 2018-027
Decision Date
Jul 12, 2018
The Philippine National Police establishes comprehensive guidelines for the humane management and supervision of custodial facilities, ensuring compliance with international human rights standards and addressing issues of police misconduct, overcrowding, and inadequate care for persons under police custody.

Law Summary

Rationale

  • The memorandum circular addresses increasing public concerns of rights violations in PNP custodial facilities.
  • It aims to prevent recurrence of incidents involving torture, police brutality, congestion, poor facility conditions, and inadequate basic necessities for persons under PNP custody (PUPCs).
  • The guidelines identify accountability for overseeing custodial care, facility maintenance, and compliance with human rights standards.

Situation Analysis

  • Reports by the Human Rights Affairs Office (HRAO) indicated widespread deficiencies such as poor ventilation, overcrowding, and lack of basic needs in custodial facilities.
  • HRAO’s limited capacity hindered effective resolution of these issues.
  • The designation and training of personnel overseeing custody (formerly "jailers") were unclear and insufficient, causing oversight problems.
  • The term "jailer" is avoided because custodial duties differ from those managed by the Bureau of Jail Management and Penology (BJMP).

Purpose

  • To standardize management and supervision procedures for PNP custodial facilities and detainees.
  • To ensure humane treatment compliant with international human rights obligations acceded to by the Philippines and recognized by the PNP.

Definition of Key Terms

  • "Authorized Visitor" includes immediate family, lawyers, spiritual advisers, government authorities, and others granted access by the Chief, PNP.
  • "Contraband" defines illegal or smuggled property prohibited within custodial facilities.
  • "Custodial Facilities" refer to PNP-run detention centers holding persons under investigation; formerly termed detention facilities.
  • "Chief, Custodial Facility" is the head of the PNP office/unit/station responsible.
  • "Custodial Supervisor" is the head of the investigation unit overseeing custody.
  • "Persons under PNP Custody (PUPC)" are individuals detained by the PNP pending investigation.
  • "PNP Custodial Officer" are personnel responsible for custody management.
  • "Human Rights Affairs Office (HRAO)" oversees human rights policy, monitoring, and advocacy within the PNP.
  • "Investigator on Case (IOC)" is the designated officer responsible for investigation proceedings.

Guidelines on Management and Supervision

  • Heads of PNP units with custodial facilities are designated as Chiefs of the Facility, while investigation chiefs act as Custodial Supervisors.
  • Daily accountability and monitoring systems for PUPCs must be maintained.
  • Custodial facilities must meet HRAO-prescribed human rights standards regarding maintenance, hygiene, ventilation, and basic needs like food.
  • Coordination with local government units is encouraged for facility maintenance.
  • Requests for subsistence allowances are routed through the Directorate for Investigation and Detective Management (DIDM).
  • Regular inspections must be conducted to manage the facility and prevent contraband.
  • Personnel staffing custodial facilities must be rotated on duty, trained regularly on human rights and jail management, and undergo lifestyle checks.
  • Facilities are strictly temporary holding centers for persons under investigation.
  • Male and female detainees must be housed separately; female detainees must not share spaces with males.
  • Visiting schedules and designated visitor categories (e.g., legal counsel, family, NGO representatives) are specified with security protocols.
  • Special care provisions include referral for PUPCs with mental illnesses, disabilities, pregnant women, and senior citizens to appropriate health services.
  • No conjugal visits are allowed in custodial facilities.
  • Procedures on transfer upon issuance of court commitment orders are established to comply with reglementary detention periods.
  • Protocols for responding to inquiries on enforced disappearance cases include issuing written certification about detainees’ status.
  • Monthly reporting on conditions of PNP custodial facilities and detainees to DIDM and HRAO is mandated.

Responsibilities of PNP Units and Offices

  • DIDM acts as the officer responsible for implementation and monitoring systems.
  • Directorate for Comptrollership (DC) provides budgetary support and updates fiscal directives.
  • Directorate for Logistics (DL) ensures logistical provisioning and facility standards.
  • Directorate for Human Rights Development and Doctrine (DHRDD) incorporates custodial facility management training into PNP courses.
  • Directorate for Police Community Relations (DPCR) designs communication plans.
  • All Police Regional Offices (PROs) and National Support Units (NSUs) enforce compliance, conduct inspections, prevent secret detention, and investigate violations.

Coordinating Instructions

  • Cooperation and coordination among tasked offices and units are mandated.
  • Implementation plans must be submitted to DIDM within 15 days after the circular’s approval.

Administrative Sanctions

  • Supervisors and heads who neglect this memorandum’s guidelines face administrative liability for neglect of duty as per NAPOLCOM Memorandum Circular 2016-002.
  • The memorandum is supplementary to existing PNP policies.

Effectivity

  • The memorandum circular becomes effective 15 days after filing a copy with the University of the Philippines Law Center, pursuant to Executive Order No. 292.

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