the stage where a person is taken into custody by law enforcement authorities, during which questioning is
carried out to elicit information or confessions
Custodial Investigation
It is any questioning by law enforcement after a person has been
taken into custody or otherwise deprived of his/her freedom of action
in any significant way.
It refers to the investigation conducted by law enforcement
immediately after arrest for the commission of an offense. .
Custodial Investigation
As used in RA 7438, "custodial investigation" shall include the
practice of issuing an "invitation" to a person who is investigated in
connection with an offense he is suspected to have committed, without
prejudice to the liability of the "inviting" officer for any violation of law.
Traffic Education
Duties of the Police during Custodial Investigation
(RA 7438 sec. 2)
1) The arresting officer, or the investigator, as the case
may be, shall ensure that a person arrested, detained or under
custodial investigation shall, at all times, be assisted by counsel,
preferably of his own choice;
Traffic Education
Duties of the Police during Custodial Investigation (RA 7438 sec. 2)
2) The arresting officer, or the investigator, as the case may be,
must inform the person arrested, detained or under custodial
investigation of the following rights under RA 7438 and RA 9745 in a
language or dialect known to and understood by him/her, that:
Republic Act No. 7438, otherwise known as “AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR UNDER CUSTODIAL INVESTIGATION AS WELL AS THE
DUTIES OF THE ARRESTING, DETAINING AND INVESTIGATING OFFICERS, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF”
REPUBLIC ACT NO. 9745 - AN ACT PENALIZING TORTURE AND OTHER CRUEL, INHUMAN AND DEGRADING TREATMENT OR PUNISHMENT AND PRESCRIBING PENALTIES
THEREFOR
a) He/she has the right to remain silent. If he/she waives his/her
right to remain silent, anything he/she says can be used in evidence
against him/her in court;
Traffic Education
Rights under RA 7438 and RA 9745
b) He/she has the right to counsel of his/her own choice. If he/she
cannot afford one, he/she shall be provided with an independent and
competent counsel;
c) He/she has the right to demand physical examination by an
independent and competent doctor of his/her own choice, before and
after interview/questioning. If the person arrested is a female, she shall
be attended to preferably by a female doctor. If he/she cannot afford
one, he/she shall be provided with a competent and independent
doctor to conduct physical examination;
Traffic Education
Rights under RA 7438 and RA 9745
d) The State shall endeavour to provide him/her with
psychological evaluation if available under the circumstances (RA 9745
sec. 12).
e) He/she, including his/her immediate family, have the right to
immediate access to proper and adequate medical treatment; and
f) He/she has the right to be informed of such rights.
Traffic Education
Duties of the Police during Custodial Investigation (RA 7438 sec. 2)
3) If the person arrested, detained, or under custodial
investigation opted to give a sworn statement, the arresting officer, or
the investigator, as the case may be, must reduce it in writing and in the
presence of his/her counsel.
4) The arresting officer must ensure that, before the sworn
statement is signed, or thumb marked, if there is inability to read and to
write, the document shall be read and adequately explained to the
person arrested, detained or under custodial investigation by his/her
counsel of choice, or by the assisting counsel provided to him/her, in the
language or dialect known to him/her;
Traffic Education
Duties of the Police during Custodial Investigation (RA 7438 sec. 2)
5) The arresting officer, or the investigator, as the case may be,
must ensure that any extrajudicial confession made by a person
arrested, detained or under custodial investigation shall be:
a) In writing;
b) Signed by such person in the presence of his/her counsel; or
c) In the latter’s absence, upon a valid waiver, and in the
presence of any of the parents, elder brothers and sisters, his/her spouse,
the municipal mayor, the municipal judge, district school supervisor,
priest, imam or religious minister chosen by him/her.
Traffic Education
Duties of the Police during Custodial Investigation (RA 7438 sec. 2)
6) The arresting officer, or the investigator, as the case may be,
must, under established regulations, allow the person arrested,
detained, or under custodial investigation visits by or conferences
with any member of his/her immediate family, any medical doctor,
priest, imam or religious minister chosen by him/her or by any
member of his/her immediate family or by his/her counsel, or by any
local NGO duly accredited by the Commission on Human Rights
(CHR) or by any international NGO duly accredited by the Office of
the President. His/her “immediate family” shall include his/her
spouse, parent or child, brother or sister, grandparent or grandchild,
uncle or aunt, nephew or niece, guardian or ward, and fiancé or
fiancée (RA 7438 sec. 2 f) ;
Traffic Education
Persons under Police Custody (PUPC)
Persons under PNP Custody formerly known as “detainees” are
persons who are being held by the PNP in its custodial facilities who
were arrested for an offense or previous violation of law
PNP Custodial Officer formerly known as “jailer”.
PNP MC No. 2018-027 – “Guidelines and procedures in the management and
supervision of all Custodial Facilities and PUPC .
Traffic Education
Persons under Police Custody (PUPC)
The following are the policies and procedures in the admission,
visitation, transfer and release of Persons Under Police Custody
(PUPC) . . . . . . . . . . . . . . . . . . . . . . . . (PNP Memorandum Circular 2018-027):
1) Admission
a) The pertinent data of the PUPC shall be encoded in the
e-Rogues and other NGIS as applicable.
TrafficPUPC
Education
Admission
The following can be detained/admitted in PNP custodial facilities:
a) Accused covered by a Warrant of Arrest or a Commitment
Order issued by the court; and
b) Arrested suspects who are under custodial investigation.
However, under no circumstances should the arrested suspects under
custodial investigation be held in custodial facilities beyond the
prescribed reglementary period, unless, while in custody, appropriate
charges have been filed and Commitment Order has been issued by the
court concerned or he/she signed the required waiver of the rights under
the provisions of Article 125 of the RPC.
Traffic Education
Persons under Police Custody (PUPC)
2) Requirements for Admission in situations where the arresting
police unit has no existing custodial facility, they may request
admission of the PUPC to another police unit, provided that they
submit the following mandatory requirements:
a) Request for custody or Commitment Order
b) Proof of medical examination or medical certificate of the
PUPC; and
c) Case folder of the PUPC containing, among others, the
accomplished booking sheet.
Traffic Education
Persons under Police Custody (PUPC)
3) Segregation of PUPC
Segregation according to gender and classification of crimes
committed by PUPC shall be observed.
4) Visitation
Visitorial rights of a PUPC shall be subject to the following
conditions:
a) Security rules and regulations of the facility such as but
not limited to:
Traffic Education
Visitation
The number of visitors at any given time
Non-wearing of similar color with the PUPC’s uniform; and
Prohibition on the use or possession of camera, video
equipment, cellular phone and similar devices.
b) Presentation of public and/or pertinent documents to
prove relationship;
c) Prohibition of conjugal visits
Traffic Education
Persons under Police Custody (PUPC)
5) Transfer of Custody
Upon receipt of the Commitment Order from the court, the
Chief, Custodial Facility shall coordinate with the issuing court
to ascertain the validity of the order. Upon confirmation, he/she
must coordinate with the receiving detention facility for the
immediate transfer of custody; and
Prior to the transfer, the PUPC shall be subjected to medical
examination by a PNP medical officer or, in his/her absence,
any government physician
Traffic Education
Persons under Police Custody (PUPC)
5) Release
The Chief, Custodial Facility shall be the sole approving
authority in releasing the PUPC.
Upon receipt of the Release Order from the court, the Chief,
Custodial Facility shall coordinate with the issuing court to
ascertain the validity of the order. Upon confirmation, he/she
must coordinate with the arresting unit if there are other legal
impediments to the release
Traffic Education
Persons under Police Custody (PUPC)
5) Release
The Chief, Custodial Facility shall likewise check from the PNP
e-Warrant System to determine if the PUPC to be released has
other pending warrants of arrest.
If there are valid grounds for continuous detention, the Chief,
Custodial Facility shall inform and coordinate with the court
that issued the release order immediately or within five days
from notice.
Traffic Education
Persons under Police Custody (PUPC)
5) Release
Prior to the official release of the PUPC, he/she must undergo
another medical examination at any PNP Health Service unit
or Rural Health Unit.
The Chief, Custodial Facility shall coordinate with the arresting
officer for the release of all the properties seized from the
PUPC, except for those items still being used as evidence and
those forfeited in favor of the government.
Traffic Education
Persons under Police Custody (PUPC)
6) Transporting of PUPC
The PUPC must be properly escorted and handcuffed at all
times and seated/positioned in the vehicle in a manner that
prevents his/her escape and deny him/her the opportunity to
endanger the lives of PNP personnel. Female PUPC shall be
escorted by a police woman;
The transport of PUPC shall be done using official PNP vehicles.
Other vehicles may be utilized subject to the approval of the
head of the concerned unit;
Traffic Education
Persons under Police Custody (PUPC)
6) Transporting of PUPC
Transport of PUPC shall be limited only to the following:
• To the proper office for inquest, or court for hearing;
• To the nearest hospital/clinic in case of the mandatory medical
examination or during actual medical emergency:
• To the designated evacuation area exclusive for PUPCs during a crisis
situation;
• During court-permitted transport; and
• Other analogous circumstances
Thank you very much!
Stay safe everyone!!!
