OMNIBUS IMPLEMENTING RULES AND REGULATIONS FOR …dpl.pnp.gov.ph/images/OMNIBUS.pdf · 2019-10-28 · “PNP Handbook on the Omnibus Implementing Rules and Regulations for Visiting

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PHILIPPINE NATIONAL POLICE HANDBOOKPNPM-DPL-DS-5-1-19

OMNIBUS IMPLEMENTING RULES AND REGULATIONS FOR

VISITING FORCES HANDBOOK

May 2019

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PNP HANDBOOK ON THE

OMNIBUS IMPLEMENTING RULES AND REGULATIONS

FOR VISITING FORCES

Directorate for Plans Camp BGen Rafael T Crame, Quezon City, Philippines

2019

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COPYRIGHT PAGE

PHILIPPINE NATIONAL POLICE HANDBOOK (PNPM-DPL-DS-5-1-19) PNP HANDBOOK ON THE OMNIBUS IMPLEMENTING RULES AND REGULATIONS FOR VISITING FORCES Copyright 2019 Printed by: The Directorate for Plans All rights reserved. This publication may not be reproduced, in whole or part, in any form or means by mechanical or by any information storage and retrieval system now known or hereafter invented, without prior written permission from the Director of Directorate for Plans, with postal address at 3rd Floor, NHQ Building, Camp BGen Rafael T Crame, Quezon City, telephone numbers 7230401 local 3554, and e-mail addresses [email protected] and [email protected].

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Republic of the Philippines NATIONAL POLICE COMMISSION

DILG NAPOLCOM Center EDSA corner Quezon Avenue, West Triangle, Quezon City

http://www.napolcom.gov.ph

MESSAGE

Congratulations to the Philippine National Police for crafting the PNP Handbook on the Omnibus Implementing Rules and Regulations for Visiting Forces.

Your commitment to increase the policing

services of the PNP has never stopped in your intensified efforts to fight criminality in all forms. The publication of this handbook exemplifies your enthusiasm to ensure this organization’s high standards of professionalism and discipline which will further reflect the PNP’s capability and credibility as our country’s primary law enforcement agency.

I am optimistic that this handbook will serve as a quick-guide to all

PNP personnel to deliver more efficient, more capable and more effective administrative and operational police services in relation to your main function in enforcing the provisions of IRR for the visiting forces.

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As a public servant, let us observe righteousness and obedience at all times headed towards the enhancement of this organization’s best practices and development.

Mabuhay!

EDUARDO M AÑO Chairman

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Republic of the Philippines NATIONAL POLICE COMMISSION

NATIONAL HEADQUARTERS, PHILIPPINE NATIONAL POLICE OFFICE OF THE CHIEF, PNP

Camp BGen Rafael T Crame, Quezon City

MESSAGE

The efficiency and effectiveness of an organization are proven not only by its number of accomplishments but also depend on how the personnel abide by the ethical and customary standards of the institution.

With the publication of the PNP Handbook

on the Omnibus Implementing Rules and Regulations for Visiting Forces, I am optimistic that our personnel will be guided with a clearer manifesto in handling incidents involving visiting forces personnel and maintaining peace and order in our country.

Along the objectives embodied in our PNP PATROL Plan 2030, this

Handbook is another manifestation of our continuous effort in the PNP to provide effective policing services to the community by way of setting relevant and responsive policies and guidelines that will ensure proper and ethical relegation of duties and accountabilities of our police officers in relation to the Visiting Forces Agreement.

I extend my gratitude and commendation to the Director for Plans for taking the lead in painstakingly crafting and promulgating this useful reference and the Technical Working Group that facilitated its formulation and adoption.

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Rest assured of my commitment and support to noteworthy endeavors such as this Handbook. Congratulations and carry on!

OSCAR D ALBAYALDE Police General Chief, PNP

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FOREWORD

The PNP Handbook on the Omnibus Implementing Rules and

Regulations for Visiting Forces is intended as a reference of our PNP officers as we operationalize the Omnibus IRR for Visiting Forces.

The Handbook contains rules and regulations in investigation, arrest,

search and seizures, filing of cases against Visiting Forces personnel who violated Philippine laws, and reporting of maritime and aviation-related incidents involving state-owned vessels and its personnel, and state-chartered vessels and their complement. It serves as a comprehensive guide of all police officers in carrying out the IRR for Visiting Forces pertaining to pre-entry, entry, exit, post-exit, as well as movement of visiting forces personnel, vessels, aircraft, vehicles and cargoes.

This Handbook is a product of the thorough collaborative efforts of the

Technical Working Group from the different PNP offices/units towards the attainment of a more capable and more equipped personnel in order to achieve and maintain peaceful and secured environment.

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ACKNOWLEDGMENT

The crafting of this PNP handbook on the Omnibus Implementing Rules and Regulations for Visiting Forces is a manifestation of the PNP’s vision of a more capable and more equipped personnel to achieve and maintain peaceful and secured environment.

I would like to express my deepest appreciation to the members of the

Technical Working Group (TWG) and the Secretariat for their dedication and tireless support during the series of workshops and writeshops to come-up with this important handbook which will essentially guide the PNP investigators in handling cases involving Visiting Foreign Forces.

Further, I would like to recognize and acknowledge the professional

insights and guidance of the Command Group in making this PNP Handbook simpler and easier to understand.

Last but not the least, I would like to extend our gratitude to the

Presidential Commission on the Visiting Forces, particularly to Executive Director PEDRO CESAR C RAMBOANGA and his hardworking staff, for sharing their expertise in the formulation of this Handbook.

It is our hope that this PNP Handbook will be implemented properly

and used fully by all the members of the PNP organization.

JONAS B CALLEJA Police Major General

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TABLE OF CONTENTS PRELIMINARY PAGES Publisher’s Note i SILG’s Message ii CPNP’s Message iv Foreword vi Acknowledgment vii CHAPTER I PRELIMINARY PROVISIONS Section 1-1 Title 1 Section 1-2 General Purposes 1 Section 1-3 Scope and Application of the PNP Handbook 2

on the Omnibus IRR for Visiting Forces CHAPTER 2 PRE-ENTRY PLANNING, COORDINATION, AND

INFORMATION SHARING Section 2-1 Pre-Entry Planning 4 Section 2-2 Coordination 6 Section 2-3 Information Sharing 6 CHAPTER 3 FOREIGN MEDICAL, SURGICAL, DENTAL, 7

VETERINARY, AND NURSING MISSION (MSDVN) CHAPTER 4 PRE-ENTRY, ENTRY, AND DEPARTURE Section 4-1 Aircraft and Vessels 9 Section 4-2 Personnel 10 Section 4-3 Cargoes (Equipment, Vehicles, and 11

Other Supplies) 4.5 Pre-Entry 11 4.6 Entry 12 4.7 Departure 13 4.8 Reporting 13

CHAPTER 5 MOVEMENT OF AIRCRAFT, VESSELS, 14

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VEHICLES, CARGOES, EQUIPMENT (FIREARMS, AMMUNITION AND OTHER REGULATED SUPPLIES) AND PERSONNEL

CHAPTER 6 HANDLING AND REPORTING OF OFFENSES,

CRIMES, AND OTHER INCIDENTS INVOLVING VISITING FORCES

Section 6-1 Criminal Jurisdiction 15 Section 6-2 Investigation of Offenses, Crimes, and Other Incident 15

Involving Visiting Forces Personnel Section 6-3 Arrest of Visiting Forces Personnel 17

6.4 By Virtue of Warrant of Arrest 17 6.5 Arrest Without A Warrant 19

Section 6-4 Effecting Warrantless Arrest 19 Section 6-5 Duties of the Arresting Officer 21 Section 6-6 Physical Examination of Arrested Visiting Forces 23

Personnel Section 6-7 Visiting Forces Personnel Who Are At Large 24

or Under the Custody of Visiting Forces Authorities 6.6 Coordination of the PNP 24 6.7 Protocol in Dealing with Visiting Forces Personnel 24

Who is Under Custodial Investigation Section 6-8 Search and Seizure 27

6.8 Requisites for the Issuance of Search Warrant 27 6.9 Validity of Search Warrant 28 6.10 Time of Search 28 6.11 Applications for Search Warrant 28 6.12 Authority of Police Officers when Conducting Search 29 6.13 Prohibited Acts in the Conduct of Search by Virtue 29

of the Search Warrant 6.14 Inventory and Delivery of Property Seized 30

Section 6-9 Reporting of Offenses, Crimes or Incidents Involving 31 Visiting Forces Personnel

Section 6-10 Reporting and Investigation of Maritime Incidents 32 Involving State-Owned Vessels and Their Personnel, and State Chartered Vessels and Their Complement

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6.15 Reporting of Maritime Incidents 32 6.16 Investigation of Maritime Incident 32

Section 6-11 Reporting and Investigation of Aviation-Related Incidents Involving Visiting Forces 33

6.17 Reporting of Aviation-Related Incidents involving 35 Visiting Forces Personnel Using Commercial Aviation and Airports

6.18 Investigation of Aviation- Related Incidents 35 Involving Visiting Forces Personnel Using Commercial Aviation and Airports

6.19 Procedures in Handling of Complaints and 36 Referred Cases

Section 6-12 Offenses, Crimes, or Incidents Directly Referred 38 to the DSWD Or Social Workers of Local Government

6.20 Procedures in Handling of Complaints and Referred 38 Cases

Section 6-13 Handling of Request for the Transfer of Custody of the 40 Accused Visiting Forces Personnel by the Concerned Foreign Embassy

CHAPTER 7 REPORTING REQUIREMENTS FOR CONCERNED 42

DEPARTMENTS AND AGENCIES CHAPTER 8 FINAL PROVISIONS 43 LIST OF ACRONYMS 44 GLOSSARY OF TERMS 48 REFERENCES 54 ANNEXES 58

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Chapter 1 R E S T R I C T E D 1

CHAPTER I

PRELIMINARY PROVISIONS

(RULE 1 of the Omnibus IRR for Visiting Forces)

Section 1-1 Title

1.1 This compendium of rules shall be known and cited as the “PNP Handbook on the Omnibus Implementing Rules and Regulations for Visiting Forces”.

Section 1-2 General Purposes 1.2 This PNP Handbook on the Omnibus Implementing Rules and Regulations (IRR) for Visiting Forces is derived from existing laws, PNP rules, regulations, policies and other PNP and NAPOLCOM issuances, as well as, those from other government agencies, to operationalize the Omnibus Implementing Rules and Regulations (IRR) for Visiting Forces pursuant to Presidential Commission on Visiting Forces (PCVF) Resolution No. 001 (2015), and for the following purposes:

a. To ensure that the provisions of this PNP Handbook

on the Omnibus IRR for Visiting Forces, in

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consonance with the Omnibus IRR for Visiting Forces, Philippine laws, policies, public morals, and customs and traditions, are strictly observed by all PNP personnel;

b. To determine the processes, procedures and

requirements to be performed by the PNP during the Pre-Entry, Entry, Movement, Departure, and Post-Departure phases of Visiting Forces activities;

c. To enhance the PNP’s communication, cooperation,

collaboration, and coordination, between and among relevant Departments and Agencies, with regard to the conduct of Visiting Forces activities; and

d. To carry-out effectively and efficiently the roles and

responsibilities of the PNP, as defined in the Omnibus IRR for Visiting Forces.

Section 1-3 Scope and Application of the PNP Handbook on the Omnibus Implementing Rules and Regulations for Visiting Forces

1.3 This handbook shall apply to all PNP personnel who will be involved in the conduct of the approved activities under SOFA (Status of Forces Agreement); and

1.4 Any Treaty, either International or Executive Agreement, to

which the Government of the Philippines is a signatory that

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affect any provisions of this PNP Handbook on the Omnibus IRR for Visiting Forces, shall be observed. In case of any conflict between the terms of the Treaty, and this Omnibus IRR, the former shall prevail.

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CHAPTER 2

PRE-ENTRY PLANNING, COORDINATION, AND INFORMATION SHARING


Section 2-1 Pre-Entry Planning 2.1 The PNP, through DPL, shall attend in the Pre-Entry Planning Meeting, upon notification either from the Presidential Commission on Visiting Forces (PCVF), Department of Foreign Affairs (DFA), Department of National Defense (DND), or Armed Forces of the Philippines (AFP);

2.2 DPL shall request the PCVF, DND or AFP, for the bilaterally-approved list of SOFA activities that will be conducted for execution, coordination, and monitoring purposes; 2.3 DPL shall submit After Activity Report (AAR) with recommendations, as to the participation of the PNP to the SOFA activities, for the information of the Command Group and approval of the CPNP (ANNEX 1); and

2.4 DPL shall prepare Command Memorandum Circular pertaining to the taskings of the different PNP offices/units, to be signed by The Chief Directorial Staff (TCDS), as follows:

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a. DPL shall be the overall supervisor for PNP engagements involving Visiting Forces;

b. DO shall be the OPR on security matters (Overt Security);

c. DIDM shall be the OPR on investigation matters;

d. DI shall be the OPR on internal security matters

(Covert Security);

e. DPCR shall be the OPR for the Communication Plan and Information Operations;

f. DPL shall conduct coordinating conferences, with all

concerned PNP offices/units, relative to the SOFA activities; and

g. DPL shall coordinate with the Quad Staff (DO, DI,

DIDM, and DPCR) pertaining preparation and submission of their respective Implementing Plans (IMPLANs).

Section 2-2 Coordination

2.5 Upon notification from the PCVF, DFA, DND, or AFP, the PNP through the DPL shall attend all coordinating conferences pertaining to SOFA related-activities, and submit AAR to the Chief, PNP, copy furnished DO (Annex 1);

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2.6 DO shall submit consolidated PNP’s security plan for the conduct of SOFA activities to PCVF, DFA, DND, or AFP, when requested; 2.7 In cases wherein the PCVF, DFA, DND or AFP directly coordinates with the PNP territorial units for the conduct of SOFA activities in their respective AORs, the latter shall submit report to National Operations Center (NOC) via SMS and AAR to the Chief, PNP, copy furnished DPL, DO, DPCR, CSG, AVSEGROUP, SAF, MG, CIDG, IG, CL, HS (ANNEX 1); and 2.8 In all participation of the PNP in the implementation of SOFA activities, all issues and concerns with respect for human rights, to include rights of indigenous peoples pursuant to Republic Act (RA) 8371, otherwise known as “The Indigenous People’s Rights Act of 1997,” and RA 7586, otherwise known as “The National Integrated Protected Areas System (NIPAS) Act of 1992,” must be raised during the coordinating meeting.

Section 2-3 Information Sharing

2.9 DPL shall disseminate information pertaining PNP’s participation on SOFA activities that will be conducted to concerned PNP offices/units; and 2.10 DPCR shall ensure that Communication Plan for the SOFA activities is widely disseminated and understood by the concerned PNP offices/units.

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CHAPTER 3

FOREIGN MEDICAL, SURGICAL, DENTAL, VETERINARY, AND NURSING (MSDVN) MISSION (RULE 4 of the Omnibus IRR for Visiting Forces)

3.1 Upon request by the AFP, DOH or LGUs, the PNP through the DO, in coordination with Health Service (HS) and DPCR shall perform actions/activities to support the MSDVN Mission and the conduct of Humanitarian Assistance and Disaster Response (HA/DR) by the Visiting Forces, as follows:

a. DO shall be the OPR for security and situation monitoring matters as requested in their AORs;

b. PNP HS shall be the OPR for MSDVN Missions. As

such, HS shall provide manpower support to Healthcare professionals during MSDVN missions, which include directing PNP health personnel in medical, dental and nursing services to join the MSDVN Mission as requested;

c. DPCR shall be the OPR for HA/DR; d. DI/Intelligence Group (IG)/Regional Intelligence

Division (RID)/Regional Intelligence Unit (RIU), Provincial Intelligence Division (PID) shall join site/s survey/s for the MSDVN Mission and HA/DR as requested;

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e. Concerned PNP offices/units shall submit situation report to NOC via SMS on hourly basis for security and activity monitoring; and

f. Concerned PNP offices/units shall undertake the

following activities:

1) Upgrade security measures and other mobile force services, in coordination with the AFP counterparts, and deploy personnel from RMFB/PMFC/CMFC to secure airports, seaports and other vital installations to prevent the entry/incursion of threat groups;

2) Sustain random checkpoint/chokepoint operations;

3) Intensify visibility and preventive patrol operations to adjacent areas where the MSDVN Mission and HA/DR are being held; and

4) Establish border control to deter enemy entry/exit.

3.2 All concerned PNP offices/units shall immediately report the conducted MSDVN Missions and HA/DR activities to NOC via SMS in their area of responsibility (AOR), and prepare AAR pertaining thereto to DPL. The latter shall transmit the report to CPNP, copy furnished DO (ANNEX 1).

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CHAPTER 4

PRE-ENTRY, ENTRY, AND DEPARTURE

Section 4-1 Aircraft and Vessels (RULE 7 of the Omnibus IRR for Visiting Forces)

4.1 Upon notification from the DFA, PCVF, DND or the AFP, the PNP through the DO, shall perform actions during the Pre-Entry, Entry, and Departure of aircraft and vessels for Visiting Forces, as follows:

a. PNP Maritime Group (MG) and Aviation Security Group (AVSEGROUP) shall monitor the activities, enforce existing PNP laws, and provide assistance as requested;

b. D, AVSEGROUP, duly represented by C, OMD of

AVSEGROUP, shall sign exit clearance to chartered aircraft to be used by Visiting Forces, upon completion of all the requirements in the checklist, in accordance with CAAP’s existing rules and regulations; and

c. Concerned PROs shall monitor NASUs and NOSUs and operationalize its set-up involving other agencies.

4.2 The concerned PNP offices/units shall immediately report, via SMS, to NOC the Pre-Entry, Entry, and Departure of aircraft and

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vessels for Visiting Forces, and prepare AAR related thereto, to be submitted to the PNP Command Group, copy furnished DO and DPL (ANNEX 1).

Section 4-2 Personnel (RULE 8 of the Omnibus IRR for Visiting Forces)

4.3 Upon notification from the DFA, PCVF, DND or the AFP, the PNP through the DO, shall perform actions during the Pre-Entry, Entry, and Departure of personnel, as follows:

a. Secure the official list of personnel participating in SOFA activities, indicating the rank, positions and/or designations, serial number, and branch of service in coordination with the PCVF and AFP. Said list must be provided to DI and DIDM for validation; and

b. Direct concerned PNP offices/units shall provide appropriate security measures and other public safety services in all areas of engagement to Visiting Forces personnel, as requested and/or as deemed appropriate.

4.4 The concerned PNP offices/units shall immediately report the Pre-Entry, Entry, and Departure of personnel to NOC via SMS, and submit AAR to the PNP Command Group, copy furnished DO and DPL (ANNEX 1).

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Section 4-3 Cargoes (Equipment, Vehicles, and Other Supplies)


4.5 Pre-Entry. The following are the requirements for the Issuance of Authority to Transport (ATT) Firearms, Ammunition, Explosives, and other Regulated Supplies/Items to be submitted by the DFA to the Chief, PNP (Attn: DPL), copy furnished DO and Civil Security Group-Firearms and Explosives Office (CSG-FEO):

a. DFA endorsement, along with the inventory of firearms, ammunition, explosives, and the names of personnel authorized to transport. The inventory shall include the description of the firearms: such as make, kind, caliber and serial number; ammunition such as caliber and quantity; and explosives such as kind and quantity. The inventory shall also include the specific person who will be issued with each firearm and/or explosives, during the duration of the activities, in order to easily pinpoint who is responsible and accountable;

b. Endorsement from the DI through the DO;

c. Diplomatic Note from the Embassy; and d. Packing list/manifest and Airway Bill, if thru cargo on

board commercial aircraft or vessels.

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4.6 Entry. Upon notification (courier, facsimile, email) from the PCVF, DFA or BOC, the PNP shall perform actions during the entry of cargoes like equipment, vehicles, and other supplies for Visiting Forces in coordination with Bureau of Customs (BOC), as follows:

a. In accordance with Republic Act 10591 and other pertinent laws, rules and regulations, the CSG, in coordination with BOC, shall conduct inspection and inventory of all firearms, ammunitions, explosives, and other regulated supplies/items brought into the country by or on behalf of the Visiting Forces;

b. CSG to observe the steps for inspection, to wit:

1) Upon arrival at the port of entry, the personnel authorized to transport or the Commander-in-Charge of the Visiting Forces shall present their ATT at the customs arrival area to the FEO Inspection (NALECC Sub-Committee on Firearms and Explosive Control) Team;

2) NALECC Sub-Committee on Firearms and

Explosive Control Team shall perform the following:

2.a Verify the validity, authenticity and correctness of the ATT;

2.b Conduct physical inventory on the items declared in the ATT;

2.c Review the checklist; 2.d Inform the personnel authorized to transport

or the Commander-in-Charge of the Visiting Forces that their Inspection has been completed; and

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2.e Submit the Inspection Report to be submitted to the Chief, FEO, copy furnished Director, CSG.

c. CSG to submit AAR to the CPNP, through the

Command Group and the DO, copy furnished DPL (ANNEX 1).

Note: In case that the firearm is not covered by ATT, the said firearm will be placed in a custom bonded warehouse, pending issuance of ATT by FEO. 4.7 Departure

a. CSG shall coordinate with AFP on the inventoried firearms, ammunition, explosives and other regulated supplies/items that will be brought out of the country, and those that were considered missing or donated; and

b. CSG shall coordinate with the AFP, DND, and DFA

with regard to the donations from the Visiting Forces, particularly on firearms, ammunition, explosives, and other regulated supplies/items, which shall undergo the normal process of registration.

4.8 Reporting. Civil Security Group (CSG) shall immediately report the pre-entry, entry, and departure of cargoes (equipment, vehicles, and other supplies) to NOC via SMS, and submit AAR to the PNP Command Group, copy furnished DO and DPL (ANNEX 1).

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CHAPTER 5

MOVEMENT OF AIRCRAFT, VESSELS, VEHICLES, CARGOES, EQUIPMENT (FIREARMS, AMMUNITION AND

OTHER REGULATED SUPPLIES) AND PERSONNEL (RULE 10 of the Omnibus IRR for Visiting Forces)

5.1 Upon notification from the PCVF, DND, DFA or the AFP, the

PNP, through the DO, shall direct concerned offices/units to provide security and other police assistance as requested;

5.2 The territorial police unit shall ensure that carrying of

firearms, ammunitions, and explosives by the Visiting Forces personnel will be in accordance with RA No. 10591 and its IRR, other pertinent treaties, international and local laws, rules, regulations, and issuances; and

5.3 The territorial police unit shall immediately report the

movement of aircraft, vessels, vehicles, cargoes, and personnel in their AOR to NOC via SMS, and submit AAR pertaining thereto to the PNP Command Group, copy furnished DO and DPL (ANNEX 1).

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CHAPTER 6

HANDLING AND REPORTING OF OFFENSES, CRIMES, AND OTHER INCIDENTS INVOLVING VISITING FORCES


Section 6-1 Criminal Jurisdiction

The Police Station, which has territorial jurisdiction of the area, shall immediately undertake the initial investigation and processing of the crime scene, as guided by the PNP manual where the crime was committed by the Visiting Forces personnel, unless otherwise directed by Chief, PNP for a certain case to be investigated by other units/agencies. NOTE: See Annex 5 (PH-US VFA & PH-AUSTRALIA SOVFA)

Section 6-2 Investigation of Offenses, Crimes, and Other Incidents Involving Visiting Forces Personnel

a. The investigator shall verify and identify if the offender is a Visiting Forces personnel or not (refer to POP Manual for procedure);

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b. Upon receipt of complaint against a Visiting Forces personnel, the investigator shall secure the crime scene and conduct appropriate investigation related thereto, which include, but not limited to taking the formal statement of the complainant and witnesses if any;

c. If the investigator deems that SOCO Team is required

upon assessment, he/she shall report the matter to his/her COP, and request the SOCO Team of the nearest Crime Laboratory Office, to conduct crime scene processing, otherwise, the investigator shall proceed with the investigation without the SOCO Team;

d. The PNP shall request assistance from DFA or PCVF

if the alleged offender is a member of the Visiting Forces Personnel. Upon confirmation that the alleged offender is a visiting forces personnel, the PNP shall follow existing applicable procedures of investigation;

e. The PNP office/unit, having jurisdiction on the complaint, must render initial report within two hours to the NOC via SMS, upon receipt of the complaint (ANNEX 2), and submit initial written report to DI and DIDM within 18 hours (ANNEX 3);

f. NOC shall provide a report to the PCVF, DND and

DFA, through SMS, within three hours from the time that the incident was reported. The DI on the other hand, shall provide an initial written report within 24 hours from the time the incident was reported, and give progress reports as they become available;

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g. File appropriate case before the Office of the Prosecutor or Court;

h. Effect the arrest of the perpetrator by virtue of a

warrant of arrest issued by the court pursuant to existing laws; and

i. Monitor and follow up any case that has been filed in

court.

Section 6-3 Arrest of Visiting Forces Personnel 6.4 By Virtue of Warrant of Arrest Upon filing the case before the Office of the

Prosecutor, the COP/PD/RD shall coordinate with PCVF for the development of the case including the effectivity of the arrest.

Upon receipt of arrest warrant the following

procedures shall be undertaken by the PNP:

a. Verify the validity of the warrant and request for an authenticated copy from the issuing court;

b. In serving the warrant, the police officer shall introduce

himself and show proper identification;

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c. Make a manifestation of authority against the Visiting Forces personnel to be arrested;

d. The police officer shall have a copy of the warrant in

his possession at the time of the arrest. If the Visiting Forces personnel arrested so requires, the warrant shall be shown to the arrested Visiting Forces personnel as soon as possible;

e. Secure the Visiting Forces personnel to be arrested,

and use handcuffs for the protection of the arresting officer, other individuals and the arrested person himself;

f. Conduct thorough search for weapons and other

illegal materials on the Visiting Forces personnel arrested and surroundings within his immediate control;

g. Inform the Visiting Forces personnel to be arrested of

his rights under the law (i.e. Miranda Warning and Anti-Torture Warning);

h. No unnecessary force shall be used in making an

arrest; i. Confiscated evidence shall be properly documented

with the chain of custody of evidence duly and clearly established;

j. Bring the Return of Warrant to the court of origin; and

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k. Deliver the arrested Visiting Forces personnel to jail/prison upon the issuance of a commitment order of the court.

6.5 Arrest without a Warrant. Any Police officer shall arrest any Visiting Forces personnel on the following grounds:

a. When in his presence, the Visiting Forces personnel

to be arrested has committed, is actually committing, or is attempting to commit an offense;

b. When an offense has just been committed, and he/she

has probable cause to believe, based on personal knowledge of facts or circumstances that the person to be arrested has committed it; and

c. When the Visiting Forces personnel to be arrested is

a prisoner who has escaped from a penal establishment or place where he/she is serving final, or has escaped while being transferred from one confinement area to another.

Section 6-4 Effecting Warrantless Arrest

a. Restrain the suspect; b. Make proper introduction as to identity and authority to

arrest;

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c. Inform the arrested person of the circumstances of his arrest, and recite the Miranda and Anti-Torture Warning to him/her;

d. Secure the Visiting Forces personnel to be arrested,

and use handcuffs to restrain him/her, for the protection of the arresting officer, other individuals, and the arrested person;

e. Conduct thorough search for weapons and other

illegal materials on the person arrested, including the surroundings within his/her immediate control;

f. Confiscated evidence shall be properly documented

with the chain of custody of evidence duly and clearly established;

g. No unnecessary force shall be used in making an arrest; and

h. Bring the arrested Visiting Forces personnel to the

police station for further investigation and disposition. Note:

a. In case the offense, crime or incident occurs within the jurisdiction of the Subic Bay Metropolitan Authority (SBMA), Clark Development Corporation (CDC), and other relevant port authorities, the law enforcer or proper authority, under the concerned Departments and Agencies may perform the arrest.

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b. In case the offense, crime or incident occurs inside a military reservation, camp or facility, the arrest of the suspect shall be done by the proper military authorities.

Section 6-5 Duties of the Arresting Officer

a. It shall be the duty of the police officer, implementing the Warrant of Arrest to deliver the arrested Visiting Forces personnel without delay to the nearest Police Station or jail to record the fact of arrest;

b. The immediate supervisor of the arresting team shall

report the arrest of the Visiting Forces personnel within two hours to NOC via SMS (ANNEX 2), and submit initial written report to PCVF, DFA and DND, through DI, copy furnished DIDM (ANNEX 3);

c. At the time of the arrest, it shall be the duty of the

arresting officer to state his/her authority to the Visiting Forces personnel, the cause of the arrest, and the fact that a warrant had been issued for his arrest. The arresting officer need not have the warrant in his possession at the time of the arrest, but, after the arrest, if the Visiting Forces personnel arrested so requires, the warrant shall be shown to him as soon as possible;

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d. When female personnel of the Visiting Forces are among the arrested suspect/s, the arresting officer shall task the Women’s and Children’s Protection Desk female officer or any policewoman to conduct the pat-down search;

e. In case of arrest without a warrant, it shall be the duty

of the arresting officer to inform the Visiting Forces personnel to be arrested of his authority, the cause of the arrest, except when he/she flees or forcibly resists before the officer has the opportunity to inform him/her, or when the giving of such information will imperil the arrest;

f. The Visiting Forces personnel arrested, with or without

warrant, shall be informed of his constitutional right, i.e. to remain silent, and that any statement he/she makes could be used against him. He/she must also be informed of his/her right to communicate with a lawyer of his/her choice or his immediate family, as well as, the right to physical examination;

g. Visiting Forces personnel arrested without a warrant

shall be immediately brought to the proper Police Station for investigation without unnecessary delay. He shall be subjected to inquest proceedings within the time prescribed in Article 125 of the Revised Penal Code (RPC);

h. No torture, force, violence, threat, intimidation, or any

other means which vitiate the free will shall be used against an arrested Visiting Forces personnel. The

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bringing of Visiting Forces personnel to secret detention places, solitary confinement and the like is prohibited;

i. If the Visiting Forces personnel, to be arrested without

a warrant, waives his right under the provisions of Art 125 of the Revised Penal Code, the arresting officer shall ensure that the former signs a waiver of detention in the presence of his counsel of choice; and

j. If the Visiting Forces personnel arrested waives his right against self-incrimination, and chooses to give his statement, the arresting officer shall ensure that the waiver is made in writing and signed by the Visiting Forces personnel arrested, in the presence of a counsel of his own choice or a competent and independent counsel provided by the government.

Section 6-6 Physical Examination of Arrested Visiting Forces

Personnel

Before interrogation, the Visiting Forces personnel arrested shall have the right to be informed of his right to demand physical examination by an independent and competent doctor of his own choice. If he cannot afford the services of a doctor of his own choice, he shall be provided by the State with a competent and independent doctor to conduct physical examination. If the person arrested is female, she shall be attended preferably by a female doctor.

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Section 6-7 Visiting Forces Personnel Who are at Large or Under the Custody of Visiting Forces Authorities

6.6 Coordination of the PNP

The Police Station that acquired jurisdiction over the alleged Visiting Forces personnel/offender, shall immediately request the assistance of the DFA through the DI, to inform the embassy about the complaints received. The PNP shall furnish the PCVF, DND and the nearest AFP headquarters a copy of the request for assistance.

6.7 Protocol In Dealing With Visiting Forces Personnel Who Is Under Custodial Investigation

a. The arresting officer, or the investigator, as the case may be, shall ensure that the Visiting Forces personnel arrested, detained or under custodial investigation shall, at all times, be assisted by counsel, preferably of his/her own choice;

b. The arresting officer, or the investigator, as the case

may be, must inform the Visiting Forces personnel arrested, detained or under custodial investigation of the following rights under the Miranda Doctrine, in a language or dialect known to and understood by him:

1) That he/she has the right to remain silent;

2) That if he/she waives his/her right to remain silent,

anything he/she says can be used as evidence against him in court;

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3) That he/she has the right to counsel of his/her own choice;

4) That, if he/she cannot afford one, he/she shall be

provided with an independent and competent counsel; and

5) That he/she has the right to be informed of such

rights.

c. If the Visiting Forces personnel arrested, detained, or under custodial investigation has opted to give a sworn statement, the arresting officer, or the investigator, as the case may be, must reduce it in writing;

d. The arresting officer or the investigator as the case

may be must ensure that any extrajudicial confession made by a Visiting Forces personnel arrested, detained or under custodial investigation shall be:

1) In writing;

2) Signed by such person in the presence of his/her

counsel; or 3) In the absence of his/her counsel of choice, upon a

valid waiver, and in the presence of any member of his immediate family, immediate superior, commanding officer, and/or representative of concerned embassy.

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e. The arresting officer or the investigator, as the case may be, must, under established regulations, allow the Visiting Forces personnel arrested, detained, or under custodial investigation visits by or conferences with any member of his immediate family, any medical doctor, priest, imam or religious minister chosen by him or by any member of his immediate family or by his counsel, his immediate superior, commanding officer, or representative of concerned embassy, by any local Non-Governmental Organization (NGO) duly accredited by the Commission on Human Rights (CHR) or by any international NGO duly accredited by the Office of the President. His “immediate family” shall include his spouse, parent or child, brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece, guardian or ward, and fiancé or fiancée; and

f. After interrogation, the Visiting Forces personnel,

under custodial investigation, shall have the right to be informed of his right to demand physical examination by an independent and competent doctor of his own choice. If he cannot afford the services of a doctor of his own choice, he shall be provided by the State with a competent and independent doctor to conduct physical examination. If the Visiting Forces personnel arrested is female, she shall be attended to, preferably by a female doctor.

NOTE: The physical examination of the Visiting Forces personnel under custodial investigation shall be contained in a medical report, which shall be attached to the custodial investigation report.

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Section 6-8 Search and Seizure 6.8 Requisites for the Issuance of Search Warrant

A search warrant shall be issued only upon probable cause in connection with one specific offense, to be determined personally by the judge after the examination under oath or affirmation of the complainant and witnesses presented. The search warrant shall, particularly, describe the place to be searched and the things to be seized, which may be anywhere in the Philippines, except, in places where the sending state exercises sovereignty, e.g. embassies.

a. The following properties may be the objects of a

search warrant:

1) The properties that are the subjects of the offense;

2) Stolen, embezzled proceeds or fruits of the offense; and

3) Objects including weapons, equipment, and other

items, used or intended to be used, as the means of committing an offense.

b. Objects that are illegal per se, even if not particularly

described in the search warrant, may be seized under the plain view doctrine.

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6.9 Validity of Search Warrant

a. The warrant shall be valid for 10 days from date of issuance and may be served any day within the said period. Thereafter, it shall be void;

b. If in the implementation of the search warrant, its

object or purpose cannot be accomplished in one day, the search can be continued the following day, or days, until completed, provided it is still within the ten-day validity period of the search warrant; and

c. If the object or purpose of the search warrant cannot

be accomplished within the ten-day validity period, the responsible police officer conducting the search must file, before the issuing court, an application for the extension of the validity period of the said search warrant.

6.10 Time of Search

The warrant shall be served during daytime, unless, there is a provision in the warrant allowing service at any time of the day or night. 6.11 Applications for Search Warrant

All applications for Search Warrant shall be approved for

filing by the Chief of Police. The applications shall indicate the following information:

a. Office applying for search warrant;

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b. Name of officer-applicant;

c. Name of the subject, if known;

d. Address/place(s) to be searched, except, in places where the sending state exercises sovereignty;

e. Specific statement of things/articles to be seized; and

f. Sketch of the place to be searched.

All approved applications shall be recorded in a log book, duly maintained in a purpose, indicating the name of the applicant, name of the respondent, nature of the offense, and date of the application.

6.12 Authority of Police Officers when Conducting Search In the conduct of search, if after giving notice of his/her purpose and authority, the police officer is refused admittance to the place of search, he/she may break open any outer or inner door, window or any part of the house, or anything therein to implement the warrant, or liberate himself/herself or any person lawfully aiding him/her when unlawfully detained therein. 6.13 Prohibited Acts in the Conduct of Search by Virtue of the Search Warrant

a. House, rooms or other premises shall not be searched, except in the presence of the lawful occupant thereof or any member of his family, or in the absence of the latter, in the presence of two witnesses

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of sufficient age and discretion residing in the same locality; and

b. Lawful personal properties, papers, and other valuables, not specifically indicated or particularly described in the search warrant, shall not be taken.

6.14 Inventory and Delivery of Property Seized

a. The police officer who confiscates property under the warrant shall issue a detailed receipt of property seized to the lawful occupant of the premises, or in the absence of such occupant, shall do so in the presence of at least two witnesses of sufficient age and discretion residing in the same municipality;

b. The receipt shall likewise include items seized under

the plain view Doctrine;

c. The police officer must then leave a receipt, in the place where he found the seized property, and a duplicate copy thereof with any barangay official who have having jurisdiction over the place searched; and

d. The police officer must forthwith deliver the property

seized to the judge, who issued the warrant, together with an inventory thereof, duly verified under oath.

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Section 6-9 Reporting of Offenses, Crimes or Incidents Involving Visiting Forces Personnel

a. The concerned PNP offices/units shall render report upon receipt of the incident involving Visiting Forces personnel within two hours to NOC via SMS, and submit initial written report to DI and DIDM within 18 hours;

b. NOC shall forward the report to the PCVF, DFA, and

DND via SMS, within one hour from the time that the incident was reported by concerned PNP offices/units;

c. DO shall furnish an SMS report to DPL, DI, DPCR,

DHRDD, CSG, MG, AVSEGROUP, SAF, IG, CIDG, CL and HS.

NOTE:

a. ANNEX 2 - Reporting of incidents involving Visiting Forces personnel via SMS within three hours; and

b. ANNEX 3 - Submission of Initial Written Report on

incidents involving Visiting Forces personnel within 24 hours.

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Section 6-10 Reporting and Investigation of Maritime Incidents Involving State-Owned Vessels and Their Personnel, and State-Chartered Vessels and Their

Complement 6.15 Reporting of Maritime Incidents

a. Upon receipt of the information on Maritime Incidents Involving State-Owned Vessels and their Personnel, and State-Chartered Vessels and their Complement, the concerned MG unit shall send an SMS report to Director, MG thru the Tactical Operations Center (TOC) of the Operations Management Division (OMD); and

b. D, MG / TOC-OMD shall report the same incident to NOC via SMS within two hours upon initial receipt of report, and submit initial written report to DI within 18 hours.

6.16 Investigation of Maritime Incidents

a. The MG and PCG, in coordination with other concerned Departments and Agencies, shall without delay, conduct investigation of maritime incident in accordance with pertinent laws, rules, regulations and other issuances; and

b. The MG shall respond to maritime incidents, in accordance with their mandate.

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NOTE: a. Further, it is hereby qualified that, if it is a maritime

incident involving issues on navigation rules and regulations, sea worthiness of vessels and other administrative cases, the Philippine Coast Guard (PCG) shall be the Lead Agency;

b. If it is a maritime incident committed inside seaports/territorial waters by the Visiting Forces which resulted in violations of the Revised Penal Code and other criminal cases, the PNP shall be the lead agency; and

c. The PNP has the authority to enforce all laws and

ordinances relative to the protection of lives and properties, while the Philippine Coast Guard (PCG) has the general jurisdiction on the safety of life and property at sea (SOLAS). As such, the latter can only ASSIST “in the enforcement of laws on fisheries, immigration, tariff and custom, forestry, firearms and explosives, human trafficking, dangerous drugs and controlled chemicals, transnational crimes and other applicable laws within the maritime jurisdiction of the Philippines.”

Section 6-11 Reporting and Investigation of Aviation-Related

Incidents Involving Visiting Forces

Aviation-related incidents occurring in airport and aircraft, except those incidents bounded by Customs and Border Control

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Laws, are violation of Philippine Laws pursuant to the Revised Penal Code and Special Laws.

The following are the roles of PNP AVSEGROUP during

incidents involving Philippine Military Aircraft or Visiting Forces Aircraft:

a. Investigation:

Pursuant to RA 9497, otherwise known as Civil Aviation Security Act of 2008, the investigation of an accident involving aircraft occurring within military sites in the Philippines, or an accident involving solely an aircraft of the armed forces of any foreign country occurring in the Philippines, shall be the responsibility of the AFP. The term ‘military sites’ pertain to those areas within the Philippines that are under the control of the AFP.

The PNP shall provide active support in the

investigation of the aforementioned incident, upon request of the AFP, and Police territorial units on the other hand, shall act as first responders if the incident occurred outside military site.

b. Reporting:

1) The PNP AVSEGROUP shall render report of the incident, upon receipt within two hours to NOC via SMS;

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2) Submit initial written report to DI, DO, and DIDM within 18 hours; and

3) The PNP AVSEGROUP shall forward the report to

the PCVF, DFA and DND within one hour from the time the incident was reported.

6.17 Reporting of Aviation-Related Incidents involving Visiting Forces Personnel using Commercial Aviation and Airports.

a. The PNP AVSEGROUP shall render report upon the receipt of the incident within two hours to NOC via SMS;

b. Submit initial written report to DI, DO and DIDM within 18 hours; and

c. The PNP AVSEGROUP shall forward the report to the

PCVF, DFA and DND within one hour from the time the incident was reported.

6.18 Investigation of Aviation-Related Incidents Involving Visiting Forces Personnel using Commercial Aviation and Airports

a. The investigator shall verify and identify if the offender is a Visiting Forces personnel or not;

b. Upon receipt of complaint against a Visiting Forces personnel, the investigator shall secure the crime scene and conduct appropriate investigation thereon;

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c. If the investigator deems that SOCO Team is required upon assessment, he/she shall report the matter to his/her immediate supervisor, and request the nearest Crime Laboratory office for its SOCO team to conduct crime scene processing;

d. The PNP shall request assistance from DFA or PCVF

if the alleged offender is a member of the Visiting Forces Personnel, and shall follow existing applicable procedures of investigation;

e. File appropriate case before the Office of the

Prosecutor or Court;

f. Effect the arrest of the perpetrator by virtue of a warrant, issued by the court pursuant to existing laws; and

g. Monitor and follow up any case that has been filed in

court. 6.19 Procedures in Handling of Complaints and Referred Cases

a. Upon receipt of complaints from passengers or other airport users, as a result of incidents that occurred inside the airport and aircraft, AVSEGROUP shall immediately conduct investigation;

b. AVSEGROUP Investigation Unit shall invite both the

complainant and the respondent to the investigation

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office, for the appropriate documentation and evaluation of the complaint;

c. Once a Visiting Forces personnel is identified as a

suspect, AVSEGROUP shall render initial report to NOC via SMS within two hours, and submit initial written report to DI and DIDM within 18 hours;

d. After careful evaluation of the incident, the passenger

involved shall be recommended for off-loading, if there is sufficient evidence to file appropriate charges against the passenger involved, otherwise, the investigation shall be terminated and the passenger involved shall be allowed to board the airline;

e. Inform the concerned embassy thru the DFA of the

incident involving Visiting Forces personnel; and

f. File appropriate charge/s against the Visiting Forces personnel involved in the incident.

NOTE:

Due to complexity of laws pertaining to aviation-related incidents, complexity of the offices involved in airports, and also the complexity of laws applied in every airport in the Philippines, the PNP AVSEG can only exercise police function in airports in coordination with airport authorities. The phrase “in coordination with airport authorities” is synonymous to submission to the desire of the airport manager. Therefore, upon receipt of certain information on an incident that happened in the airport, or interference to civil aviation that occurred, the PNP AVSEG must

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office, for the appropriate documentation and evaluation of the complaint;

c. Once a Visiting Forces personnel is identified as a

suspect, AVSEGROUP shall render initial report to NOC via SMS within two hours, and submit initial written report to DI and DIDM within 18 hours;

d. After careful evaluation of the incident, the passenger

involved shall be recommended for off-loading, if there is sufficient evidence to file appropriate charges against the passenger involved, otherwise, the investigation shall be terminated and the passenger involved shall be allowed to board the airline;

e. Inform the concerned embassy thru the DFA of the

incident involving Visiting Forces personnel; and

f. File appropriate charge/s against the Visiting Forces personnel involved in the incident.

NOTE:

Due to complexity of laws pertaining to aviation-related incidents, complexity of the offices involved in airports, and also the complexity of laws applied in every airport in the Philippines, the PNP AVSEG can only exercise police function in airports in coordination with airport authorities. The phrase “in coordination with airport authorities” is synonymous to submission to the desire of the airport manager. Therefore, upon receipt of certain information on an incident that happened in the airport, or interference to civil aviation that occurred, the PNP AVSEG must

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coordinate to CAAP or to airport authorities, prior undertaking necessary measure depending on the situation. In airports, where there is no other government agencies tasked to investigate crimes, the PNP AVSEG under the direction of airport manager and authorities shall conduct the investigation of offenses. Section 6-12 Offenses, Crimes, or Incidents Directly Referred

to the Department of Social Welfare and Development (DSWD) or Social Workers of Local Government

Police Officers, in coordination with the PNP WCPC or WCPD in police stations and the Local Social Welfare Development Office (LSWDO), shall conduct an investigation on all cases of child abuse committed within their respective areas of responsibility, consistent with domestic laws, rules and regulations, and international human rights. 6.20 Procedures in Handling of Complaints and Referred Cases

a. Police Officers, upon receipt of a complaint, shall report from the DSWD, that a child has been or is being abused, maltreated, discriminated, exploited, neglected, abandoned, or is under imminent danger by members of Visiting Forces personnel, and shall take immediate action thereon, but under no circumstance shall be beyond 48 hours;

b. Police Officers shall immediately coordinate with the

WCPC;

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c. In situations where immediate rescue operations are necessary, the police officers and WCPC, in coordination with the DSWD and other stakeholders shall prepare the corresponding rescue operations plan;

d. The police officers, together with the WCPC/WCPD,

DSWD and other stakeholders/authorities, like Barangay, Municipal or City Health Officer, Barangay Officials in the place, where the incident occurred or is taking place, the Barangay Human Rights Action Officer or any officer of the Commission on Human Rights Action (CHR), in or near the area of operation, shall forthwith proceed to the place where the child-victim is located and execute the rescue operations plan;

e. Upon rescue of the child-victim, the law enforcers shall

turn over the child-victim to the DSWD for protective custody;

f. The police officer, together with the DSWD, shall

ensure that the child-victim will be immediately taken to the nearest government medical center, hospital or clinic, for physical and psychological examination, treatment and/or confinement;

g. The police officer, in coordination with the DSWD,

shall gather the necessary/relevant and material data and evidence, to support the filing of appropriate charges before the Prosecutor’s Office and trial of the child-abuse case/s before the court;

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h. The police officer shall ensure that the child-victim shall not be subjected or exposed to “multi-victimization” in the course of investigation. Hence, the police officer shall see to it that the interviews and statements of the victim will be recorded and/or video-taped; and

i. Investigation of child abuse cases shall be assigned,

preferably, to members of the WCPC/WCPD, or in their absence, the police officer of the same gender who has appropriate training on child rights, investigation and handling of child abuse cases.

Section 6-13 Handling of Request for the Transfer of Custody

of the Accused Visiting Forces Personnel by the Concerned Foreign

Embassy

The PNP shall transfer custody, only upon receiving the order from the appropriate government authorities, which are the DFA in consultation with the appropriate embassy, DND and PCVF Secretariat headed by Executive Director according to the following circumstances:

a. If the criminal case is still being prepared at the level of the PNP: it is the DILG Secretary who should give order to the custodian pertaining transfer of custody, upon receipt of the official communication from the DFA Secretary. The actual transfer of custody will be done after the PNP completes all the necessary

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procedures, which include: booking, taking of mug shots FAs verification, medical examination, etc;

b. If the criminal case is still at the level of the prosecutor,

for finding of probable cause: the city/provincial/regional state prosecutor handling the preliminary investigation will be responsible in giving order to the custodian pertaining transfer custody, but, with authority of the DOJ Secretary; and

c. If the criminal case is already filed in court: the court

having jurisdiction will give order to the custodian to transfer custody.

Note: Please see Annex 4 “Recommended Workable Solution in Determining the Appropriate Government Authorities from which the PNP must receive an Order During the Transfer of Custody of Visiting Forces.”

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CHAPTER 7

REPORTING REQUIREMENTS FOR CONCERNED DEPARTMENTS AND AGENCIES

(RULE 13 of the Omnibus IRR for Visiting Forces) 1. DPL shall consolidate all reports from concerned PNP

offices/units containing the relevant data required by PCVF. 2. DPL shall prepare the PNP’s official report, to be approved

and signed by the Chief, PNP, for submission to PCVF, copy furnished DILG.

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CHAPTER 8

FINAL PROVISIONS

All information submitted by Visiting Forces to concerned offices/units of the Philippine National Police shall be treated with utmost confidentiality.

This PNP Handbook may be reviewed by the TWG annually to introduce amendments as necessary.

The PNP Police Operational Procedures, PNP Investigation

Manual, Scene of the Crime Operations Manual, including NAPOLCOM/PNP Circulars, Orders, and Issuances, shall be suppletory in application to this Handbook.

In case of conflict on interpretation and/or application of

arrest, search, seizure, turn-over of custody, among others, the pertinent provision of the rules of court, applicable laws and jurisprudence shall prevail.

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R E S T R I C T E D 44

LIST OF ACRONYMS AAR - After Activity Report AOR - Area of Responsibility ATT - Authority to Transport AFP - Armed Forces of the Philippines AVSEGROUP - Aviation Security Group BOC - Bureau of Customs CAAP - Civil Aviation Authority of the

Philippines CDC - Clark Development Corporation CMFC - City Mobile Force Company CPOC - City Police Operations Center CSG - Civil Security Group DFA - Department of Foreign Affairs DIDM - Directorate for Investigation and

Detective Management

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DI - Directorate for Intelligence DO - Directorate for Operations DOC - District Operations Center DPCR - Directorate for Police Community

Relations DPL - Directorate for Plans DND - Department of National Defense HS - Health Service HA/DR - Humanitarian Assistance/Disaster

Relief IG - Intelligence Group IMPLAN - Implementing Plan IRR - Implementing Rules and Regulations MG - Maritime Group MPOC - Municipal Police Operations Center MSDVN - Medical, Surgical, Dental, Veterinary

& Nursing

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NALECC - National Law Enforcement Coordination Committee

NOC - National Operations Center OMD - Operations Management Division OTS - Office for Transportation Security PCVF - Presidential Commission on Visiting

Forces PID - Provincial Intelligence Division PMFC - Provincial Mobile Force Company PNP-FEO - PNP-Firearms and Explosives Office PPOC - Police Provincial Operations Center PCG - Philippine Coast Guard RA - Republic Act RID - Regional Intelligence Division RIU - Regional Intelligence Unit RMFB - Regional Mobile Force Battalion RPC - Revised Penal Code

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SBMA - Subic Bay Metropolitan Authority SMS - Short Messaging Service SOC - Station Operations Center SOFA - Status of Forces Agreement SOLAS - Safety of Life and Property at Sea WCPC - Women and Children Protection

Center WCPD - Women and Children Protection

Desk TCDS - The Chief Directorial Staff TOC - Tactical Operations Center

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GLOSSARY OF TERMS

Approved Status of Forces Agreement (SOFA) Activities – are engagements wherein Field Training Exercises (FTX), Table Top Exercises (TTX) Command Post Exercises (CPX), Medical/Surgical/Dental/Veterinary/Nursing (MSDVN) missions, Subject Matter Experts Exchanges (SMEEs), and similar activities are conducted. These activities are approved by appropriate treaties or agreements, through established mechanisms or covered by a SOFA such as the Philippines-United States Agreement regarding the Treatment of US Armed Forces Visiting the Philippines (PH-US-VFA), and the Philippines-Australia Status of Forces of Each State in the Territory of the Other State (PH-AUS SOVFA). Arrest – is the taking of a person into custody in order that he may be bound to answer for the commission of an offense. Cargo – any article, good, equipment, material supply, vehicle, and other property brought into or acquired in the Philippines by or on behalf of foreign Armed Forces in connection with activities covered by a SOFA. Civilian Personnel

PH-US VFA – refers to individuals who are neither nationals of nor ordinarily resident in the Philippines and who are employed by the United States armed forces or who are accompanying the

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United States armed forces, such as employees of the American Red Cross and the United Services Organization.

PH-AUS SOVFA – refers to civilian personnel accompanying the Visiting Forces who are employed in the service of or contracted by the Ministry/Department of Defence or Forces of the Sending State, and who are non-stateless persons, nor nationals of, nor ordinarily resident in, the Philippines. Complaint – a concise statement of the ultimate facts constituting the plaintiff’s cause or causes of action. Commercial Aircraft or Vessel – a privately owned aircraft or vessel not exclusively used by the Visiting Forces to transport cargoes for any SOFA activity. Custodial Investigation – investigation conducted by law enforcement officers after a person has been arrested or deprived of his freedom of action. It includes invitation to a person who is investigated in connection with an offense. Criminal Jurisdiction – the authority to hear and try a particular offense and impose punishment of it. Detention Prisoner – persons detained/locked-up in a government jail facility by virtue of a commitment order issued by a competent court to avoid flight during litigation specially for those charged with non bailable crime or those charged with bailable crime but cannot afford to post bail;

– persons detained under the reglementary period of detention purposely to undergo inquest proceedings;

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– those detained to prevent further commission of crime or escalation of events after a crime has been committed which detention should comply with Article 125 of the Revised Penal Code;

– refer to persons under judicial control, whether actual or constructive, in furtherance of the purpose of the law or duty requiring it. Detention Prisoners - are individuals who are kept in jail or any detention facility or cell even though they have not yet been convicted of a crime. They are unable to post bail because either (1) the court has yet to fix their bail or (2) the law does not allow bail because of the gravity of the crime. Person Under Police Custody – refers to a person arrested due to the commission of a crime/offense by the arresting unit for custodial investigation. It likewise includes person arrested for crimes which are heinous in nature, against national security and high profile crime. Detention – a restraint of personal liberty or deprivation of freedom of action in any significant manner. First Responder – refers to a Police Officer who is the first to arrive at the crime scene to provide initial police actions on the information or complaint received. Immediate Family Members – shall refer to the detainee’s spouse, parent or child, brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece, and guardian or ward. Inquest Proceedings – is the informal and summary investigation conducted by a public prosecutor (called the inquest prosecutor) in

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criminal cases involving a person arrested, without the benefit of a warrant issued by the court, and thereafter detained, for the purpose of determining whether or not the warrantless arrest is valid, said arrested person should remain under custody, and be correspondingly charged in court. Jurisdiction – the word “jurisdiction” as used in the Constitution and statutes means jurisdiction over the subject matter only, unless an exception arises by reasons of its employment in a broader sense. Maritime Incidents – any event or occurrence in Philippine Maritime Jurisdiction that violates the Revised Penal Code, Navigational Rules and Regulations, Sea Worthiness of Vessels and other applicable laws, rules, regulations and issuances. Medical/Surgical/Dental/Veterinary/Nursing (MSDVN) Mission – a civic or humanitarian medical, surgical, dental, or veterinary mission under an approved SOFA activity, such as Subject Matter Experts Exchange (SMEE), patient consultation, and hospital rounds. Military Personnel – members of the armed forces of the SOFA partner. Miranda Doctrine – a principle on the rights of a suspect from forced self-incrimination during police interrogation as enshrined in the 1987 Philippine Constitution’s Bill of Rights (Article III, Sec. 12). Official Duty – means acts performed, or words spoken or written, by members of the Visiting Force or its Civilian Component in accordance with the duties required or authorized to be done by

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statute, regulation, order of a superior or military usage, in the conduct of combined training, exercises or other activities mutually approved by the Parties. Official duty is not meant to include every act by a member of the Visiting Force or its Civilian Component during the period while he or she is on duty, but is meant to apply only to acts that are required or authorized to be performed as a function of that duty which the individual is performing (SOVFA). PNP Custodial Facility – are institutions managed and secured by the PNP provides custody of person arrested. Port Authorities – refer to the pertinent Philippine airport and seaport authorities. Receiving State – means the State of the Party in whose territory the Visiting Force is located, or as the context requires, the territory of that Party (SOVFA). Sending State means the Party to which the Visiting Force belongs (SOVFA). Scene of the Crime Operation (SOCO) – is a forensic procedure performed by trained personnel of the PNP Crime Laboratory through scientific methods of investigation for the purpose of preserving the crime scene, gathering information, documentation, collection and examination of all physical evidence. State-Chartered Aircraft or Vessel – a non-state owned aircraft or vessel leased by a foreign government for the exclusive service of the Visiting Forces for official purpose/use.

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Status of Forces Agreement (SOFA) – as defined in Executive Order No. 175, dated November 24, 2014, SOFA shall refer to the PH-US VFA, the PH-AUS SOVFA, and future status of forces agreements which may be included in the mandate of the PCVF by order or directive of the President. State-Owned Aircraft or Vessel – an aircraft or vessel owned by a foreign government for its police, custom, military, and other governmental functions. Supplies – all items necessary for the maintenance and operations of any SOFA activity, including food, clothing, arms, ammunition, fuel, materials, medical paraphernalia, and machinery. Visiting Forces – foreign military and civilian personnel, including state-owned aircraft and vessels participating in any approved SOFA activity (PH-US VFA). Visiting Force – means anybody, contingent, or unit of the Forces of the Sending State when present in the Receiving State, in connection with combined training, exercises or other activities mutually approved by the Parties. The expression “of the Visiting Force” used in relation to “vessels” or “aircraft” includes vessels and aircraft on hire or on charter for the exclusive service of the Visiting Force (PH-AUSTRALIA SOVFA). United States Contractors – means companies and firms, and their employees, under contract or subcontract to or on behalf of the United States Department of Defense.

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REFERENCES

a. Bill of Rights of the 1987 Philippine Constitution.

b. Criminal Investigation Manual (Revised) 2010.

c. Crime Scene and Evidence Manual.

d. Executive Order No. 175 amending EO No 199 (s. 2000) signed on November 24, 2014.

e. International Humanitarian Law.

f. PNP Command Memorandum Circular No. 09/12 re:

Submission of Incident Reports Involving Foreign Nationals dated January 8, 2013.

g. PNP Manual on Maritime Law Enforcement.

h. PNP National Operations Center (NOC) Incident and

Monitoring Handbook (NOC-DO).

i. Omnibus Implementing Rules and Regulations for Visiting Forces.

j. Republic Act Number 7610 otherwise known as “An Act

Providing for the Stronger Deterrence and Special Protection Against Child Abuse, Exploitation and Discrimination, and for Other Purposes”.

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k. Republic Act Number 7877 otherwise known as “An Act Declaring Sexual Harassment Unlawful in the Employment, Education or Training Environment, and for other Purposes”.

l. Republic Act Number 7438 otherwise known as “An Act

Defining Certain Rights of Person Arrested, Detained or Under Custodial Investigation as the Duties of the Arresting, Detaining and Investigating Officers, and Providing Penalties for Violations Thereof”.

m. Republic Act Number 9262 otherwise known as “An Act

Defining Violence Against Women and Their Children, Providing for Protective Measures for Victims, Prescribing Penalties Therefore, and for other Purposes”.

n. Republic Act Number 9745 otherwise known as “An Act Penalizing Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment and Prescribing Penalties Thereof”.

o. Republic Act Number 6975 otherwise known as

"Department of the Interior and Local Government Act of 1990".

p. Republic Act Number 8551 otherwise known as "Philippine

National Police Reform and Reorganization Act of 1998".

q. Republic Act 10591 otherwise known as “Comprehensive Firearms and Ammunition Regulation Act, and its IRR”.

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r. Republic Act Number 9522 otherwise known as “An Act to Amend Certain Provisions of Republic Act No. 3046, as amended by Republic Act No. 5446, To Define the Archipelagic Baselines of the Philippines, and for Other Purposes.”

s. Republic Act Number 3046 otherwise known as “An Act

Define The Baselines Of The Territorial Sea Of The Philippines” as amended by RA 5446.

t. Republic Act Number 5446 otherwise known as “An Act To

Amend Section One Of Republic Act Numbered Thirty Hundred And Forty-Six, Entitled "An Act To Define The Baselines of The Territorial Sea of The Philippines.

u. Revised Philippine National Police Operational Procedures

(December 2013).

v. Revised Penal Code of the Philippines.

w. PCVF Resolution No. 001 (2015) dated September 16, 2015.

x. Supreme Court En Banc Decision with G.R No. 187167,

Magallona vs Ermita.

y. Supreme Court En Banc Decision with G.R No. 176051, Salonga vs Smith.

z. Supreme Court En Banc Decision with G.R No. 175888,

Nicolas vs Romulo.

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aa. Supreme Court En Banc Decision with G.R No. G.R. No. 176222, BAYAN vs PGMA.

bb. RP-Australia Agreement Concerning the Status of Visiting

Forces of each State in the Territory of the Other State signed on May 31, 2007.

cc. RP-US Enhanced Defense Cooperation Agreement (EDCA)

signed on April 28, 2014.

dd. RP-US Visiting Forces Agreement signed on February 10, 1998.

ee. RP-Australia Status of Visiting Forces Agreement (SOVFA)

signed on September 28, 2012.

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ANNEX 1

SUBMISSION OF AFTER ACTIVITY REPORTS

The DPL representatives shall attend a pre-entry planning, coordination, information sharing, conferences and workshops to be conducted by the AFP, PCVF and other concerned agencies and thereafter submit written report to the PNP Command Group with recommendation as to the participation of the PNP to the SOFA activities for the information and approval of the CPNP. The DO shall be furnished a copy of written report which serves as reference to direct concerned PNP offices/units to prepare and submit their respective IMPLANS.

In cases wherein the PCVF, DFA, DND or AFP directly

coordinates with the PNP territorial units, the latter will attend in the Pre-Entry Planning/Coordinating/Information Sharing Conferences/Workshops before the conduct of approved SOFA activities in their respective AORs.

The concerned territorial units shall immediately report via

SMS to NOC the Pre-Entry Planning/Coordinating/Information Sharing/Conferences/Workshops. NOC will furnish a copy of SMS report to DPCR, CSG, AVSEGROUP, MG, SAF, IG, CIDG, CL and HS.

Territorial units must submit AAR to DPL and the latter shall

transmit the report to CPNP copy furnished DO and DPCR.

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ANNEX 1

SUBMISSION OF AFTER ACTIVITY REPORTS

(Written Report)

Pre-entry planning/ coordination/ information sharing/ conferences/ workshops

Chief, PNP

DO

DPL A.

Concerned PNP Offices/ Units

B.

1. Pre-entry planning/ coordination/ information sharing/ conferences/ workshops

2. MSDVN Mission 3. Pre-entry, Entry,

Departure of Aircraft and Vessel, Cargoes

4. Movement of Aircraft, Vessels, Vehicles, Cargoes, Personnel

NOC

RECIPIENTS: DPCR CSG AVSEGROUP SAF IG MG CIDG CL HS

(SMS)

(Written Report)

DPL, DO

Chief, PNP DPL

DO

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ANNEX 2

REPORTING OF INCIDENTS INVOLVING VISITING FORCES PERSONNEL VIA SMS (THREE HOURS)

The concerned PNP offices/units shall render report via SMS to NOC within two hours upon receipt of the incident involving Visiting Forces personnel.

NOC shall provide a report to the PCVF, DFA and DND via SMS within one hour from the time that the incident was reported by concerned PNP offices/units.

DO shall furnish an SMS report to DPL, DI, DPCR, DHRDD,

CSG, MG, AVSEGROUP, SAF, IG, CIDG, CL and HS.

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ANNEX 2

REPORTING OF INCIDENTS INVOLVING VISITING FORCES PERSONNEL VIA SMS (THREE HOURS)

Chief, PNP

TDO (NOC)

RD (ROC)

PD (CPOC/PPOC/

SOC)

COP (CPOOC/

MPOC/DOC)

FIRST RESPONDERS

PCVF

DND

DFA

SMS (1 hr)

SMS (2 hrs)

CSG MG

AVSEG SAF IG

CIDG CL HS

DPL

DI

DPCR

DHRDD

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NOC Contact Numbers SMS Platform: 0998.576.1502 and 0917.549.0072 Telefax. (02) 722.0540 and 724.8749 (02) 725.3176 - Situation Monitoring Room

PCVF Mobile No. 0922.8049462 Directline: 832.6197 and 832.6198 Email Address: [email protected] DFA Mobile No. 0917.6258017 Directline: 834.3333 Email Address: [email protected] DND Directline: 982.5600 local 5653

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ANNEX 3

SUBMISSION OF INITIAL WRITTEN REPORT ON INCIDENTS INVOLVING VISITING FORCES (24 HOURS)

The concerned PNP offices/units shall render written report to NOC within 18 hours. NOC shall provide a written report to the PCVF, DFA, and DND through DI copy furnished DIDM and DPCR within six hours from the time that the incident was reported by concerned PNP offices/units, and submit progress reports as they become available.

6 hrs

6 hrs

6 hrs

6 hrs

CHIEF, PNP

TDO (NOC)

RD (ROC)

PD (CPOC/PPOC/SOC)

COP (CPOOC/ MPOC/DOC)

PCVF

DND

DFA

DIDM/DPCR

DI

FIRST RESPONDERS

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Recommended Workable Solution in Determining the “Appropriate GovernmentAuthorities”, from which the PNP Must Receive an Order During the Transfer of

Custody of Visiting Forces

If the criminal case is STILL BEINGPREPARED AT THE LEVEL OFTHE PNP

IT IS THE DILG SECRETARYTHAT SHOULD GIVE ORDER TOTHE CUSTODIAN TO TRANSFERCUSTODY AFTER HE RECEIVESOFFICIAL COMMUNICATIONFROM THE DFA SECRETARY

“But the actual transfer of custodywill be done AFTER the PNPcompletes all necessary procedures:e.g. booking, taking of mug shots,FAs verification, medicalexamination, etc.

Reason:It is understood to be a POLITICALDECISION because both CabinetSecretaries are alter ego of thePresident

If the criminal case is still atthe level of thePROSECUTOR, forFINDING OF PROBABLECAUSE:

THECITY/PROVINCIAL/REGIONHANDLING THEPRELIMINARYINVESTIGATION SHOULDBE THE ONE WHO WILLGIVE ORDER TO THECUSTODIAN TOTRANSFER CUSTODY BUTWITH AUTHORITY OF THEDOJ SECRETARY

Reason:The Philippines ALREADY ACQUIRED JURISDICTIONOVER THE PERSON OF THE VISITING FORCESPERSONNEL

If the criminal case isALREADY filed in\COURT:

THE COURTHAVINGJURISDICTIONSHOULD BE ONEWHICH WILL GIVEORDER TO THECUSTODIAN TOTRANSFERCUSTODY

ANNEX 4

CRIMINALINVESTIGATION/FILING OFCRIMINAL CASE

CUSTODYFILING INCOURTARREST

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ANNEX 5

PH-US VISITING FORCES AGREEMENT AND PH-AUSTRALIA STATUS OF VISITING FORCES

AGREEMENT

a. As provided for in the PH-US VFA under Article V, Paragraph 3 (a) which clearly states that “Philippine authorities shall have the primary right to exercise jurisdiction over all offenses committed by United States personnel, except in cases provided for in paragraphs 1 (b), 2 (b), and 3 (b) of this Article”, to wit:

Paragraph 1 (b), “United States military authorities

shall have the right to exercise within the Philippines all criminal and disciplinary jurisdiction conferred on them by the military law of the United States over United States personnel in the Philippines.”;

Paragraph 2 (b), “United States authorities exercise

exclusive jurisdiction over United States personnel with respect to offenses, including offenses relating to the security of the United States, punishable under the laws of the United States, but not under the laws of the Philippines.”; and

Paragraph 3 (b), “United States military authorities

shall have the primary right to exercise jurisdiction

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over United States personnel subject to the military law of the United States in relation to:

1) Offenses solely against the property or security of

the United States or offenses solely against the property or person of United States personnel; and

2) Offenses arising out of any act or omission done in

performance of official duty.”

b. Also, as provided for in the PH-AUSTRALIA SOVFA under Article 11, Paragraph 1 (a), which states that “The Authorities of the Receiving State shall have jurisdiction over the members of the Visiting Force and its Civilian Component with respect to offenses committed within the territory of the Receiving State and punishable by the law of the Receiving State.”, except for under Paragraph 3 (a) which states that “In cases where the right to exercise jurisdiction is concurrent, the following rules shall apply:

(a) The Authorities or Service Authorities of the

Sending State shall have the primary right to exercise jurisdiction over members of the Visiting Force and its Civilian Component who are subject to the Service Law of the Sending State in relation to:

(i) Offenses solely against the property or

security of the Sending State, or offenses solely against the person or property of

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another member of the Visiting Force or its Civilian Component; or

(ii) Offenses arising out of an act or omission

done in the performance of Official Duty. The Parties shall consult in determining whether an act or omission occurred in the performance of Official Duty, as defined in Article 1(i). After having exhausted all available avenues for negotiated resolution, the issue of whether an act or omission occurred in the performance of Official Duty may be submitted to the judicial authorities of the Receiving State.

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ANNEX 6

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ANNEX 7

RECOMMENDATION FOR CHANGES

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PROMULGATION

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DOCTRINE DEVELOPMENT BOARD RESOLUTION

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TWG ORDER

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TECHNICAL WORKING GROUP PMGEN NOEL LAZARUS C VARGAS (ret) then TDPL -Chairman PMGEN EDWIN C ROQUE then TDPL PBGEN BENJAMIN M LUSAD (ret) then Deputy, DI – Vice Chairman PCSUPT VERT T CHAVEZ (ret) then Deputy, DO - Vice-Chairman Members: PGEN OSCAR D ALBAYALDE then Ex-O, DPL PMGEN MA O APLASCA then Acting Ex-O, DI PBGEN ROMEO C VER then Ex-O, DI PBGEN CARLOS B DE SAGUN then Ex-O, DPCR PBGEN WILLIAM S MACAVINTA then Acting Ex-O, DIDM PCOL ORLANDO MELCHOR then Acting CS, LS PBGEN GENESIS TOLEJANO then CS, MG PBGEN JOHN LUGLUG then CS, CIDG PBGEN FAUSTO D MANZANILLA then CDS, CSG PBGEN JOSELITO F SALIDO then CDS, AVSEGROUP PCOL ALBERTO A AVILA then CDS, HS PBGEN UYLSSES C CATUN then CDS, HPG PMGEN CESAR HAWTHORNE R BINAG then C, FEO

PLANNING OFFICERS PMGEN MARIEL M MAGAWAY then C, IOD, DI PCOL ROMEO P PERIGO then C, CRAC, DIDM PBGEN JOSEPH C ADNOL then C, PPD, DPCR PCOL EDUARDO C ABADAY then C, OMD, CSG PCOL JOB RUSSEL M BALAQUIT then C, EEMD, FEO

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PCOL JESUS B VINLUAN then OIC, OLS, CL PCOL ANGELA REJANO then AC, PPD, DPL PLTCOL LUISITO R NEVADO PLTCOL GENIE L BALUBAL PMAJ JOSEPH L BACCAY then SLO, CIDG PMAJ DANGAL P MASIGLA then SLO, DPL PLT RAY DAN M GENTAPANAN then C, Plans, MG

SECRETARIAT: PBGEN JOSELITO M DANIEL then C, IAIAD (Head) PCOL RONALDO R MENDOZA current C, IAIAD Members: PLTCOL KRISTOFFER P BAUTISTA PSUPT LALAINE M BAÑARES then C, International Affairs Section, PCMS Normandy F Reyes NUP Josephine S. Quieta NUP Marvi M. Tulabot NUP Charina A. Untalan NUP Angieleen B. Felix CW Arlyn Joy B. Montano

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Published by:Directorate for Plans

Philippine National Police2019

Documents

OMNIBUS IMPLEMENTING RULES AND REGULATIONS FOR …dpl.pnp.gov.ph/images/OMNIBUS.pdf · 2019-10-28 · “PNP Handbook on the Omnibus Implementing Rules and Regulations for Visiting