Adoption of a Prosecution-Oriented Intelligence Framework

March 11, 2016

PNP MEMORANDUM CIRCULAR NO. 009-16

ADOPTION OF A PROSECUTION-ORIENTED INTELLIGENCE FRAMEWORK

1. References:

a. PNP Standard Operating Procedure No. 2012-006 dated November 12, 2012 with subject: Procedures in the Investigation of Heinous and Sensational Crimes;

b. DOJ-DILG JDO No. 003-2012, Operational Guidelines for Prosecutors and Law Enforcement Investigators in Evidence-Gathering; Investigation and Case Build-up; Inquest and Preliminary Investigation; and Trial of Cases of Political-Activists and Media Killings;

c. PNPM-DIDM-DS-9-2, Field Manual on Investigation of Crimes of Violence and Other Crimes (2011);

d. PNPM-DIDM-DS-9-1, Criminal Investigation Manual Revised (2011);

e. Standard Operating Procedures No. 02/11 dated January 26, 2011 with subject: Procedures in the Creation and Activation of Special Investigation Task Group (SITG) to Handle Heinous and Sensational Crime;

f. PNP DI Intelligence Handbook 2005 Edition;

g. Joint Standing Operating Procedure No. 01-2010 with subject: AFP-PNP Intelligence Fusion Center Operation and Management;

h. Joint Standing Operating Procedure No. 01-2008 with subject: Restructuring the Joint AFP-PNP Intelligence Committee;

i. Letter Directive No. 2000-01 with subject: Regional/Provincial/City Police Intelligence Committee;

j. Executive Order No. 829, entitled, "Creating the Law Enforcement Coordinating Committee, Abolishing the National Committee on Anti-Organized Crime and its Functions Absorbed by the Peace and Order Council", dated September 11, 1982; and

k. Intelligence Directive No. 01-2016: "Intelligence Collection Plan" dated January 15, 2016.

2. Rationale:

The urgent need for the Philippine National Police (PNP) to adopt a prosecution-oriented intelligence framework had been pointed out by the Reviewing Panel during the Revalida for the Compliance Stage of the PNP-Intelligence Group on the Performance Governance System (PGS) on September 15, 2015. It is in this connection that National Police Commission (NAPOLCOM) Commissioner Luisito T. Palmera encouraged the NAPOLCOM en banc to lead the efforts in re-crafting the PNP intelligence framework into an evidence-based and prosecution-oriented structure. CHTAIc

3. Situation:

The primary purpose of intelligence operations is to prevent threats and the criminals' intention to sow terror/violence inimical to the peace and security of the state and its citizens. It has been known to support not only crime prevention but also crime solution. Intelligence operations is an integral part in the collection of evidence to warrant the successful prosecution of suspects. In the collection of information of intelligence value, tradecraft and other clandestine operation methods/techniques are necessary and no written policies have been issued/published to prohibit these, except for operational guidelines on the upholding of human rights and the adherence to laws and regulations in conducting intelligence operations. Considering this scenario, intelligence, even at the early stage, becomes vital in supporting case build-up when converted into legal form that will be useful and admissible in court proceedings.

As the PNP evolved into an organization that is distinct from the military, the role of intelligence, as an integral part of police functions has developed to being geared towards arrest and prosecution of suspects, following its mandate of enforcing all laws to ensure public safety, and bringing offenders to justice, through prosecution and conviction.

Although some police operations turned out to be successful with the arrest of the culprits, the police are oftentimes faced with the difficulty of presenting strong evidence to strengthen the case and guarantee conviction of the suspects before the courts. In a number of circumstances, lapses in observing the chain of custody of evidence, from its initial observance until its presentation in court, often present a problem to case officers/investigators in establishing the reliability of evidence. Hence, the police have been perennially confronted by the dismissal of cases and the release of arrested persons due to legal technicalities. Often, the initial stages of investigation which involve collection of vital evidence and information through legal means are the most important so that these could be admissible in court.

The intelligence cycle, re-oriented towards police intelligence in 1991, is being operationalized to respond to prosecution-oriented intelligence. PNP intelligence units use the triangulation method to validate information, satisfying the two-witness rule. Proper documentation of the recovery of documents/materials as well as, the strict observance of the chain of custody of documents/materials, are being observed. Action agent(s) and/or informants' testimonies are converted to witnesses' sworn statements to satisfy prosecution purposes. Case operations/"sibat" operations/reward systems have likewise become warrant-based.

While the PNP practices these procedures, it has been found out however, that no specific prosecution-oriented intelligence framework has been issued and/or crafted within the organization. It is against this backdrop that a Study Committee composed of members from the DI, DO, DIDM, IG and CIDG was created, to establish a Prosecution-Oriented Intelligence Framework to be adopted by the PNP. Upon convening, the Study Committee has agreed that although the current intelligence cycle and intelligence SOPs are responsive to the proposed "prosecution-oriented intelligence framework," the formulation of the latter is recommended, in order to clarify and re-emphasize the evidence-based and prosecution-based collection and processing of information.

4. Purpose:

This MC shall set forth the adoption of a Prosecution-Oriented Intelligence Framework of the PNP which will serve as a guide in the process of using intelligence to support case build-up and provide investigative leads, as well as converting intelligence products into legally admissible evidence for the prosecution of cases leading to the conviction of criminals. It also aims to reinforce all PNP investigative references to strengthen and harmonize the coordinative mechanisms between and among intelligence, investigation and prosecution, especially in terms of solving cases.

5. Definition of Terms:

For the purpose of this MC, the following terms shall be used:

a. Action Agent — Recruited, documented and dispatched intelligence agent with access and/or placement in target personalities/organization;

b. After Operation Report — refers to a report that is rendered after a legitimate police operation;

c. Case — an incident or set of circumstances of a particular situation that requires appropriate police action;

d. Case Build-up — collection and processing of all sources of information to support Case Operations;

e. Case solved — a case shall be considered solved when the following elements concur: 1. the offender has been identified; 2. there is sufficient evidence to charge him; 3. the offender has been taken into custody; and 4. the offender has been charged before the prosecutor's office or court of appropriate jurisdiction;

f. Chain of custody of evidence — the systematic way of handling evidence such as dangerous drugs, firearms, and other real evidence for the purpose of preserving their evidentiary value; EATCcI

g. Collection of information — systematic exploitation of sources of information by collection agencies and the delivery of the information obtained to the proper intelligence unit or agency;

h. Entrapment — the conception and planning of an offense by an officer, and his/her procurement of its commission by one who would not have perpetrated it except for the trickery, persuasion or fraud of the officers;

i. Evidence — The means sanctioned by the Rules of Court, of ascertaining in a judicial proceeding the truth respecting a matter of fact. These include but are not limited to documentary, testimonial, electronic and object/real evidence, gathered in the course of the investigation;

j. Information — it is an unevaluated material of every description including those that derived from observations, communications, reports, rumors, imagery, and other sources from which intelligence is produced. It is an unprocessed information or raw data;

k. Intelligence — is defined as the product resulting from the collection, evaluation, analysis, integration and the interpretation of all available information. Intelligence is processed information;

l. Intelligence Collection Plan — systematic process used by most modern armed forces and intelligence services to meet intelligence requirements through the tasking of all available resources to gather and provide pertinent information within a required time limit. Creating a collection plan is part of the intelligence cycle;

m. Intelligence Case Officer — an intelligence officer who gathers, evaluates, interprets, and disseminates intelligence; facilitate the conversion of information into legally admissible evidence; and appears in court or cause the appearance of other witnesses for the successful prosecution of case, if necessary/warranted;

n. Intelligence Operations — the process by which law enforcement agencies systematically collect and evaluate information for the purpose of discovering the capabilities and intentions of enemies;

o. Investigation — any inquiry, judicial or otherwise, for the discovery and collection of facts concerning the matter or matters involved;

p. Investigation Case Officer — person responsible for and in charge of the investigation of a case;

q. Investigator — a police officer who is tasked to conduct the investigation of all criminal cases as provided for and embodied under the Revised Penal Code (RPC)/criminal laws and special laws;

r. Investigative Lead — refers to any information, data or knowledge that is acquired legally, which could potentially aid in the filing of case and leads to the solution of a crime;

s. Investigator-on-case — any PNP personnel who is duly designated or assigned to conduct the inquiry of the crime by following nine (9) systematic set of procedures and methodologies for the purpose of identifying witnesses, recurring evidence and arresting and prosecuting the perpetrators;

t. Processing of information — consists of steps such as recording, evaluation, interpretation, and analysis of information;

u. Prosecution — a proceeding under the criminal justice system wherein a person accused of a criminal offense is tried before a court of justice by a public prosecutor;

v. Prosecution-Oriented Intelligence — is a processed information with evidentiary value for purposes of prosecution. It involves the careful planning, directing, collection, processing and timely dissemination and use of intelligence to support the successful investigation and prosecution of cases.

6. Guidelines:

a. Planning and Directing

Planning and directing the collection of information must address and satisfy two key objectives: to prevent crimes and to solve crimes. The intelligence Collection Plan (ICP) must therefore be developed and formulated for the collection of information on current focus crimes such as murder, homicide, robbery, theft, carnapping, motornapping and physical injury in every locality, and for internal security threats, transnational crimes and other threats inimical to the State. The ICP must also define the roles/responsibilities of concerned police and allied units/offices.

b. Collection of Information

Collection of information from varied sources such as informants or action agents; field, scientific and electronic sources; various government agencies; foreign counterparts, among others, shall be anchored on the established ICP. These pieces of information have to be validated. This could eventually warrant more information gathering through the conduct of intelligence work (e.g.,casing, surveillance, interview, technical and document exploitation, etc.) that may serve as basis for establishing a case.

The intelligence case officer must consider the investigative and evidentiary value of the information collected. The legal process of obtaining information that could be used for prosecution purposes must be observed. DHITCc

Intelligence fusion mechanisms such as the police intelligence committee/Joint AFP-PNP Intelligence Coordinating Committee/National Intelligence Committee/National Law Enforcement Coordinating Committee-Sub Committee on Intelligence Coordination, among others at the national, regional, provincial or city levels shall be convened for task allocation in the gathering of essential information that are needed to support a case.

c. Processing of information/Case analysis

After collecting all relevant information, the intelligence case officer shall initiate the preparation of a case folder. All the information gathered will be collated, processed and analyzed to provide leads necessary in establishing the prospects to advance an investigation and ultimately resolve the case. Information gaps shall drive the intelligence case officer to revert to the collection phase to gather other required information to fill in the gaps in intelligence. Consequently, the processed information will be put into an intelligence report (i.e.,intelligence packet, intelligence estimate).

The intelligence fusion mechanisms as mentioned above shall also be convened as often as possible to fuse intelligence from all possible sources and utilized for case analysis.

d. Evidence documentation and Filing of Case

Once the case has been established, the Special Investigation Team (SIT) or the Special Investigation Task Group (SITG) as may be appropriate shall assume the responsibility of pursuing follow-up investigation focusing on identifying the suspects, locating and causing the arrest of offenders, and gathering and providing evidence to establish the guilt of the accused. At the end of the investigation, a proper complaint shall be filed before the city/provincial prosecutor's office, containing an endorsement signed by the investigator concerned. The Investigator-on-case (IOC) shall gather and prepare pertinent documents and other evidence necessary for the filing of appropriate case(s) with the concerned prosecution office and to secure warrants needed for the conduct of police operations.

Information gathered through intelligence operations which have evidentiary value for investigation are subsequently furnished to the IOC/Investigating unit. If necessary, these will be converted by the IOC/Investigating unit into legal form to make them admissible in court by processing and documenting them into evidence thru the facilitation of the intelligence case officer (i.e.,securing statement affidavits, documenting and marking of recovered documents as exhibits).As much as possible, other pieces of evidence shall be utilized to avoid exposing and compromising the informants. When completed, case referral is undertaken with the appropriate prosecution office.

Notwithstanding the referral of the case, the SIT or SITG shall continue to convene for the purpose of gathering and evaluating additional evidence needed to further strengthen the case and ensure its resolution. As necessary, it shall continuously work in coordination with the intelligence community and other law enforcement agencies through the appropriate intelligence fusion mechanism, to identify areas where intelligence can support investigation, having in mind, the prosecution and conviction of offenders as the end state. Both shall strictly observe and maintain the statutory rules on preserving the chain of custody of evidence to guarantee the integrity of the evidence to be presented against the accused, in the process, removing all unwarranted doubts on its disposition. The disciplined adherence to the foregoing is the key to the successful prosecution of offenders.

e. Police Operations

1) Police Operations (in flagrante delicto).Intelligence ensures the success of police operations involving warrantless arrest/seizure. In cases where the police exploit situations that already exist in order to apprehend offenders who are caught in the act as in in flagrante delicto cases, the police shall proceed to the conduct of police operations such as entrapment, buy-bust, dragnet, and checkpoint operations. Reinforced by the intelligence information obtained, the conduct of these operations will further validate the accuracy and reliability of such information and offers investigative leads towards obtaining the necessary evidence to help effect the arrest, prosecution and conviction of all offenders involved.

 All necessary evidence yielded from the undertaken police operation(s) will go through a proper evidence documentation process for the subsequent filing of cases before the appropriate prosecution office. The rules on preserving the chain of custody of evidence shall be strictly observed and maintained to ensure that the evidence would stand in court.

2) Police Operations with warrant. The investigation case officer shall cause the conduct of police operation to identify and apprehend suspect/s based on the results of the initial investigation conducted. Police operations shall take place under the authority of a valid warrant issued by the court (warrants of arrest or search warrants).Prior to operations, operatives shall conduct a pre-operational planning to reduce the chances of problems arising that would be detrimental to the operation. Upon issuance of the warrant, police operations shall then be undertaken, to effect the arrest of suspect(s) and/or seize contraband/s associated to the case or criminal offense. Operatives shall feedback to the concerned court that issued the warrants with whatever developments that took place. After the arrest, the police shall execute an after operations report, inventory report on seized evidence, affidavit of seizure/arrest, and shall complete the booking process of the suspect/s to subsequently put him in custody. cEaSHC

f. Prosecution of Criminal Case

In general, criminal prosecution begins with the arrest of the suspect. At the pre-trial stage, the Investigator-on-case shall ensure that the documents or exhibits to be presented, substance of testimonies of competent and credible witnesses and other matters to be presented in court are both sufficient and of paramount importance to aid in the prompt and successful solution of the case. Pursuant to the PNP Criminal Investigation Manual, the investigator-on-case and arresting officers shall endeavor to ensure their attendance during court hearings, while Chiefs of Police (COPs)/Heads of Units shall supervise and ensure the attendance of witness/es.

In any case, the attendance of the intelligence case officer is required by the court to appear and stand as a witness. All offered evidence resulting from intelligence operations must be defended to obtain the successful prosecution of the case.

Any ensuing result of the prosecution would warrant a review of the case to identify lapses and weaknesses in investigation as a result of a case dismissal, to study the strength of presenting new evidence as in case of a motion for new trial or reconsideration, or to identify best practices which can later be adopted and institutionalized.

The foregoing guidelines are encapsulated in the diagram below.

Prosecution-Oriented Intelligence Framework of the PNP

 

This Prosecution-Oriented Intelligence Framework follows the sequence of the time-tested intelligence cycle for the collection and processing of information that produces intelligence needed for evidence-based and warrant-based operations resulting in the successful prosecution of cases.

7. Tasks:

a. Directorate for Intelligence

1) Ensures that the guidelines and procedures specified herein are strictly followed;

2) Supervises the conduct of intelligence-related activities in support of this MC;

3) Ensures the collection and fusion of intelligence from all sources;

4) Provides timely and relevant intelligence to all tasked units;

5) Assists DIDM in obtaining factual data and lead information in support to investigation efforts; and

6) Performs other tasks as directed.

b. Directorate for Investigation and Detective Management

1) Supervises, coordinates and manages the investigation of cases and conducts related legal offensive;

2) Coordinates with the Department of Justice/Commission on Human Rights for the prosecution of cases; and

3) Performs other tasks as directed.

c. PROs 1-13, COR, NIR, ARMM and NCRPO

1) Provides timely intelligence and counterintelligence support to all tasked units in coordination with the intelligence community and other concerned law enforcement agencies;

2) Initiates the convening of the JAPIC-Regional/Regional Police Intelligence Committee (RPIC) and other intelligence law enforcement fusion bodies to fuse intelligence from all sources;

3) Ensures the conduct of evidence-based and warrant-based operations for the successful prosecution of cases; and

4) Performs other tasks as directed.

d. National Support Units

1) Gathers and provides information on specific information requirements of PROs;

2) Provides timely intelligence and counterintelligence support to all PROs;

3) Participates in all Intelligence Fusion Centers established by PROs; and

4) Performs other tasks as directed.

8. Rescission:

This MC rescinds all existing PNP issuances that are in conflict with this MC.

9. Effectivity:

This PNP-MC shall take effect after 15 days from filing a copy thereof at the UP Law Center in consonance with Section 3, Chapter 2, Book VII of Executive Order No. 292 otherwise known as the "Revised Administrative Code of 1987," as amended.

 

(SGD.) RICARDO C. MARQUEZPolice Director General