Legal basis and referenced laws
- The circular directs PNP compliance with Republic Acts 9745, 9851, and 8049.
- The circular expressly cites LOI 55/07 Pamana (PNP Human Rights Development Program) as part of the human-rights framework.
- The circular references “Chief, PNP’s Foundation Initiatives and Operational Imperatives” as a policy linkage.
- The circular anchors its definitions and command-responsibility concepts to Republic Act 9745, Republic Act 9851, and Republic Act 8049, and to Executive Order 226 (February 15, 1995) for neglect-of-duty/command responsibility concepts.
Policy purpose and intent
- The circular establishes a PNP policy, directives, guidelines, and procedures for the strict observance of PNP human rights standards.
- The circular focuses specifically on the prohibition of torture, hazing, and other cruel, inhuman, and degrading acts.
- The prohibition applies to the conduct of police training courses and to all other police functions.
- The circular requires PNP personnel to apply human-rights compliant methods in policing and training to prevent violations.
Core definitions and terms
- “Torture” refers to any punishment, hazing, and other forms of treatment or acts by which severe pain or suffering, whether physical, psychological, or pharmacological, is intentionally inflicted on police recruits/applicants, police personnel, and other persons undergoing training under PNP supervision and control, including Regional Training Schools under the National Police College/Philippine Public Safety College (NPC / PPSC), and/or as defined under Republic Act 9745 and Republic Act 9851.
- “Hazing” refers to any form of physical or psychological suffering, punishment, or maltreatment imposed on a police applicant, recruit, trainee, or any other person as a prerequisite for admission into or completion of a PNP education and training course, and/or as defined under Republic Act 8049.
- “Cruel, Inhuman, and Degrading Treatment” refers to deliberate and aggravated treatment or punishment that includes discrimination inflicted by a superior PNP officer or personnel on police applicants, recruits, trainees, or any other person undergoing training under PNP supervision and control, including NPC- PPSC and/or as defined under Republic Act 9745 and Republic Act 9851.
- “Police Training” refers to all mandatory special education and training courses organized and implemented by the PNP.
- “Police Functions” refers to all operational and administrative tasks or actions taken by PNP personnel in performing their official functions.
- “Neglect of Duty and/or Failure to Exercise Command Responsibility” refers to a superior officer’s failure to take preventive or corrective action despite knowledge that torture, hazing, or cruel, inhuman, and degrading treatment shall be committed, are being committed, or were committed by subordinates or others under command or area of responsibility; it also covers the concept as defined under Section 1 of Executive Order 226 dated February 15, 1995.
- “Immediate Officer” refers to the police commissioned officer whose office or position gives immediate and direct control and supervision over the concerned personnel at the time the offense is committed.
PNP mandatory policies and prohibitions
- The PNP must fully observe and comply with international and national human rights laws, treaties, conventions, and other legal instruments under the framework of Republic Acts 9745, 9851, and 8049.
- The PNP must apply scientifically proven and human rights-compliant principles, strategies, and methods in police education, training, and all police duties and functions.
- The PNP must strictly prohibit all forms of torture, hazing, and other cruel, inhuman, and degrading acts against police applicants, recruits, trainees, police personnel, and other persons during mandatory or special police education and training courses.
- The PNP must ensure that all police personnel accused of committing torture, hazing, or cruel, inhuman, and degrading acts are subjected to a thorough, speedy, and impartial investigation.
- The PNP must apply appropriate sanctions to all persons found guilty of human rights violations.
- The PNP must apply the Principle of Command Responsibility to determine accountability and/or liabilities of Police Commissioned Officers and Police Non-Commissioned Officers proven to have committed such acts.
- The failure of the immediate officer to take action against an erring subordinate within 24 hours despite knowledge of the violation is a ground for immediate relief.
- The immediate officer presumed to have knowledge of human rights violations by subordinates must undergo precharge evaluation (PCE) by the disciplinary authority with jurisdiction for Neglect of Duty pursuant to Rule 21 of NAPOLCOM Memo Circular 2007-001.
- Under the Chief, PNP’s three (3) strike policy, the immediate officer must be immediately relieved if, during tenure, subordinates are involved in Three (3) incidents of human rights violations—whether or not corrective/preventive actions were taken—without prejudice to filing administrative charge of Neglect of Duty.
Implementation guidelines and operational duties
- Regional Directors (RDs), Provincial Directors (PDs), City Directors (CDs), Commanding Officers/Chiefs of Police (COPs), and chiefs of offices must direct and support their respective Human Rights Officers (HROs) in implementing the PNP Human Rights Development Program and related projects/activities.
- Those senior officers must support development of a database on alleged human rights violations, case referrals, inspection of custodial detention facilities, and close coordination with the Regional Director of the Commission on Human Rights.
- RDs, PDs, CDs, COPs, and chiefs of offices must take proactive and corrective measures to prevent and/or address torture, hazing, and other maltreatment, including human rights information drives, seminars, training, and other activities educating personnel on human rights standards for law enforcement.
- Coordination must be maintained with PNP Regional Training Schools (RTSs) and Regional Service Training Units (RSTUs) to pursue those objectives.
- Police personnel accused of torture, hazing, and other cruel, inhuman, and degrading acts must be immediately placed on restriction pending the conduct of an official inquiry or investigation.
- Upon request, RDs, PDs, CDs, COPs must provide security or protection to complainants and witnesses in cases or complaints of torture, hazing, and cruel, inhuman, and degrading acts allegedly committed by PNP personnel under their command until the persons requiring security are admitted into the government witness protection program.
- RDs, PDs, CDs, COPs, and chiefs of offices must fully cooperate with any inquiry, inspection, or investigation by the Commission on Human Rights or Congress into alleged torture, hazing, and other human rights violations.
- Coordination with the Commission on Human Rights, Department of Social Welfare and Development, Department of Health, PNP Human Rights Affairs Office, and PNP Women and Children Protection Center must be immediately undertaken when alleged victims are women, children, and/or minors.
Rescission and effectivity
- All PNP policies, directives, and issuances that are inconsistent with the circular’s provisions are rescinded or modified accordingly under Section 6.
- The circular takes effect immediately upon approval under Section 7.