Guidelines on Recording, Monitoring and Investigation of Missing and Found Persons, and Identification of Human Remains

June 1, 2016

PNP MEMORANDUM CIRCULAR NO. 033-16

GUIDELINES ON THE RECORDING, MONITORING AND INVESTIGATION OF MISSING AND FOUND PERSONS, AND IDENTIFICATION OF HUMAN REMAINS

1. References:

a. PNP Criminal Investigation Manual Revised 2010;

b. Revised Philippine National Police Operational Procedures Revised 2013;

c. PNP LOI 02/09 Unit Crime Periodic Report;

d. PNP CMC 09/12 "Submission of Incident Reports involving Foreign Nationals" dated January 8, 2013;

e. Republic Act No. 10353, An Act Penalizing Enforced or Involuntary Disappearance;

f. Department of Health Administrative Order 2007-0018 "National Policy on the Management of the Dead and Missing Persons During Emergencies and Disasters" dated July 4, 2007; and

g. Presidential Decree No. 856 (Code of Sanitation of the Philippines).

2. Background:

When people are missing, the community reports the incident to the PNP to seek guidance and assistance to find the person. The common practice is to record the incident in the police blotter and let the incident take its usual course, that is, the reportees find leads or the local police incidentally obtain information as to the whereabouts of the missing person.

The unfortunate reality, however, is that many reported cases of missing persons remain to be unsolved because of the lack of uniform procedures in the monitoring and investigation of these cases.

The same problem goes with respect to the identification of found persons, and unidentified human remains. In some instances, investigators are not aware that the reported missing person is in fact the found person or dead body reported in another area.

By providing guidelines and institutionalizing tasks and functions among its units, the PNP can more efficiently respond to these cases.

3. Rationale:

Other than crime prevention and crime solution, part of the primary mission of the PNP is to maintain peace and order, and ensure public safety. This mission redounds to the PNP's task to ascertain that systems and procedures are in place to timely and effectively respond to cases of missing and found persons, found dead bodies, and to determine the identity of unidentified human remains. CAIHTE

4. Purpose:

This Memorandum Circular (MC) aims to:

a. Establish the period when an absent person may be officially declared as missing;

b. Provide a uniform procedure for an efficient and coordinated action in the recording, monitoring, and investigation of cases of missing and found persons;

c. Provide guidelines in the identification of found dead bodies and unidentified human remains;

d. Provide standards, systems, and procedures in the creation, maintenance, and management of Missing and Found Persons Database and Website; and

e. Strengthen coordination among PNP offices/units relative to the implementation of this MC.

5. Definition of Terms:

a. Absent Person — a person who is not in his/her domicile or place where he/she is supposed to be present in less than 24 hours, whose families and relatives have no clue as to his/her actual whereabouts but there is no apparent risk and does not require police investigation.

b. Child — refers to a person under the age of 18.

c. Database — refers to the organized collection of related information regarding Missing Persons, High Priority Missing Persons, Found Persons, Found Dead Bodies, and Unidentified Human Remains. The Database is linked to the e-Blotter and can only be accessed by authorized personnel.

d. Dead Body — refers to a person exhibiting one or more of the following signs and observations:

1) Irreversible absence of pulse and respiration;

2) Total absence of brain activities; and

3) Cooling of the body to well below normal temperature, 35°C or less, including bodies in algor mortis, livor mortis and rigor mortis.

e. Domicile — fixed permanent residence to which when absent, one has intention of returning.

f. Enforced Disappearance Victim — refers to the disappeared person who is a victim of enforced disappearance as defined in RA 10353 otherwise known as "An Act Penalizing Involuntary or Enforced Disappearance".

g. Found Person — refers to a person who was found and whose identity is unknown for various reasons. It includes, among others, a person who was found unconscious and who cannot remember his/her own identity.

h. Found Missing Person — refers to a person who was found after being categorized as a Missing Person (MP) or High Priority Missing Person (HPMP).

i. High-Profile Personalities — refer to persons known to the public like celebrities, government officials, foreign diplomats or ranking persons of private firms.

j. High Priority Missing Person (HPMP) — a missing person where the circumstances of his/her disappearance suggest that said person may be at imminent danger, death or likely at risk of injury.

k. Human-Induced Disasters — refer to man-made disruption of the functioning of a community that resulted in damages to properties and casualties.

l. Located — denotes that the Absent/Missing Person/High Priority Missing Person/Found Person/Found Dead Body has been identified and reunited with his/her family.

m. Match — term to be used if the name of a Missing Person (MP), High Priority Missing Person (HPMP), Found Person, Found Dead Body or Unidentified Human Remains, including their description or other information, can be found in the Database.

n. Missing and Found Person Database (Database) — refers to the database of all the names and relevant information about reported Missing and Found Persons.

o. Missing Person (MP) — refers to an absent person whose whereabouts, safety and well-being cannot be established after 24 hours from his/her perceived disappearance.

p. Missing Person Website (Website) — refers to the website of the PNP where the name, picture, and other relevant information about a Missing and Found Persons are posted.

q. Natural Calamity — a serious disruption of the functioning of a community or society caused by nature like typhoons and earthquakes, that involves widespread human, material, economic and environmental losses and impacts, which exceeds the ability of the community or society to cope using its own resources.

r. Recording — refers to the encoding of information to the Missing and Found Persons Database and the subsequent uploading to the Website.

s. Reportee — refers to the person who files the Missing Person Report.

t. Unidentified Human Remains — refers to those bodies of lifeless persons where death certificate cannot be issued.

u. Website — refers to the online public inquiry site that contains the basic information on Missing Persons.

6. Classifications:

a. Absent Persons — the following persons may be classified as absent:

1) Person who ran away from home;

2) Any person, except children, who are not present in a place they were supposed to be, like, but not limited to:

a) Elderly; and

b) Person with mental/physical disabilities.

3) Any other person, except children, who failed to return to his/her domicile or at a reported place in less than 24 hours.

b. Missing Persons — the following persons are classified as missing:

1) Any absent person who was not located after 24 hours from his/her perceived disappearance;

2) Missing children; and

3) Missing victims of natural calamities and human-induced disasters or accidents.

c. High Priority Missing Person — any missing person believed to be a victim of violence and crimes, such as, but not limited to the following: DETACa

1) Kidnapping;

2) Abduction;

3) Enforced Disappearance; and

4) Human Trafficking,

7. Guidelines:

a. General Rules:

1) An individual shall be presumed alive until proven otherwise;

2) A Missing Person (MP) shall be recorded as such by the PNP after the 20 hour of a person's perceived disappearance. However, the recording, investigation, and monitoring of cases of missing children and missing victims of disasters or accidents shall begin immediately;

3) In cases of accidents, natural calamities, and human-induced disasters, the PNP local unit where the incident transpired shall record the incident including the list of names of Missing Persons. The same shall also be encoded on the Database. In cases where the jurisdiction cannot be established, or when the local police unit has been devastated, the concerned Police Provincial Office (PPO)/Police Regional Office (PRO) shall assume full responsibility on the recording and investigation of the incident and the encoding of the Missing Person on the Database. Coordination with the relatives of the Missing Person should also be made to gather information about the identity and description of the said Missing Person. The local PNP unit shall collaborate among counterparts of other concerned agencies and stakeholders such as, but not limited to Local Government Units (LGUs), Philippine Coast Guard, and National Disaster Risk Reduction and Management Council (NDRRMC);

4) Upon discovery of unidentified human remains, the case shall be considered as a murder case. Hence, the Investigator-On-Case (IOC) having jurisdiction of the area where the dead body was found should immediately request for the Scene of the Crime Operatives (SOCO) for the processing of the crime scene. The conduct of autopsy shall be immediately requested by the IOC from the Crime Laboratory (CL) to ascertain the cause of death. Subsequent procedures such as collection of fingerprints, biological samples (DNA), dental records, and photographs should be undertaken by CL to identify the dead body;

5) Women and Children Protection Center (WCPC), through Women and Children Protection Desks (WCPDs), shall take cognizance of all cases involving women and children, except those believed to be victims of disasters and accidents, which shall be handled by the local police unit;

6) Criminal Investigation and Detection Group (CIDG), and its field units, shall take cognizance of all incidents involving high-profile personalities, including foreign nationals and diplomats;

7) Similarly, if there is evidence to believe that the absence of the person is related to kidnapping, the Anti-Kidnapping Group (AKG), shall take cognizance of the incident and the victim shall be immediately classified as HPMP;

8) Pursuant to PNP CIVIC 09/12, all foreign nationals who have gone missing, whether classified as MP or HPMP, shall be reported to the Directorate for Intelligence (DI), through its regional and provincial units, within one hour upon the receipt of information. Found unidentified human remains believed to be foreign nationals shall likewise be reported to DI. As in any case, however, the investigation of the case shall be handled by the local police unit, WCPD, CIDG or AKG, as the case may be;

9) As mandated by Section 8 of RA No. 10353, in case a family member, relative, lawyer, representative of a human rights organization or a member of the media inquires with a member or official of any PNP custodial facility or center, the PNP or any of its agencies on the presence or whereabouts of a reported victim of enforced disappearance, such member or official shall immediately issue a certification in writing to the inquiring person or entity on the presence or absence and/or information on the whereabouts of such disappeared person. It must be stated in clear and unequivocal manner the date and time of inquiry, details of the inquiry and the response to the inquiry; and

10) In the event of natural calamities and human-induced disasters, the local police units shall coordinate and submit to the local Disaster Risk Reduction and Management Council (DRRMC) the list of the reported missing persons in the locality (IRR of RA No. 10121 Philippine Disaster Risk Reduction and Management (DRRM) Act of 2010).

b. Reporting of Absent Persons:

1) It is the duty of the desk officers of field units to receive reports of absent persons and file a separate case folder for this purpose. It is also their duty to explain to the reportees the provisions of this MC, including the 24-hour period when an absent person can be classified as Missing;

2) The following persons are authorized to report cases of Absent Persons:

a) Parents or Legal Guardians of Absent Person;

b) Legal or Common-Law Spouse of Absent Person;

c) Barangay officials; and

d) Any other person who may have interest to the whereabouts of the Absent Person such as other relatives, employer, co-workers, etc.

3) For security reasons, the aforementioned reportees shall be required to present evidence to determine if they are in fact the person they are claiming to be. The identity and the following basic information of the reportee shall be recorded:

a) Name;

b) Address;

c) Contact Details (land line, mobile number);

d) Photograph (if allowed); and

e) Relation to the absent/missing person.

4) The reportee shall accomplish an Incident Report Form (IRF) before the Desk officer, who shall ensure that the following information about the Absent Persons are properly recorded:

a) The name of the Absent Person, including aliases;

b) Date of birth;

c) Scars, Marks and Tattoos (SMT);

d) Height and weight;

e) Gender;

f) Race/Nationality;

g) Current Hair Color (note if natural or dyed);

h) Eye color (note if natural or wears contact lenses);

i) Prosthetics and Implants (if any);

j) Blood type (if known);

k) Any medications the Absent Person is taking;

l) Last known clothing and other accessories (jewelry);

m) Last known location; aDSIHc

n) Most recent photograph;

o) Other relevant information such as cellphone number and social media account, and the reason why the reportee believes that the Absent Person is missing;

p) Birth defects; and

q) Dental and fingerprint records, if available.

5) The desk officer shall then check the database to determine if the Absent Person has a match under the Found Person Category. If there is a match, the Desk Officer shall inform the reportee of the location of the Absent Person. Updating of the database shall also be made accordingly to tag the Found Person as "Located";

6) If there is possible match with previously unidentified human remains, the Desk Officer shall inform the relative of a confirmed matched after forensic means of identification is conducted. Updating the database shall also be made accordingly;

7) If the Absent Person was not found after the lapse of the 24-hour period, the desk officers shall coordinate with the PCR personnel of the station where the reporting was made. The PCR personnel shall then coordinate with the reportee regarding additional information relative to the Absent Person. If the absent person has returned or has been located, his/her basic information shall remain in file for reference; and

8) If the Absent Person remains missing, the city/municipal PCR personnel shall request for a written authorization from the reportee to post the name, picture, and other relevant information about the Missing Person to the website.

c. Recording and Classification of Missing Persons and High Priority Missing Persons (HPMP):

1) All victims of natural calamities shall be automatically classified as MP, with operations/PCR personnel taking cognizance. Similarly, victims of human-induced disasters shall be classified as HPMP with the IOC taking cognizance;

2) Based on initial and additional information provided by the reportee, the Desk Officer or the IOC shall classify the Absent Person as MP or HPMP and inform the PCR personnel for appropriate recording and intervention thereto;

3) All information regarding the MP/HPMP shall be encoded in the Database by PCR personnel or IOC, as the case may be. It is likewise the duty of the concerned personnel to update the Database for any progress;

4) In case of Missing Person, the PCR unit shall take cognizance and coordinate with LGUs and other external agencies to locate the whereabouts of the Missing Person. In the event that there is information or evidence that a Missing Person is a victim of crime, he/she shall be reclassified as HPMP;

5) In case of HPMP, IOC shall determine which possible crime has been committed. The IOC is duty-bound to inform his/her supervisors, including the Chief of Police (COP), regarding the progress of the case and if it will be turned over to a specialized unit. Further, in case of a turn-over, the IOC shall inform the COP the status of the case. All documents and other information pertinent to the case shall likewise be turned over to the appropriate personnel, with all units securing a copy of a turnover receipt duly signed by concerned personnel;

6) If the case was determined to be a possible enforced disappearance case, the IOC, through the COP or Provincial Director (PD), shall immediately coordinate with and inform the Regional State Prosecutor about the case pursuant to AO35 operational guidelines; and

7) Only cases of MP will be posted in the website. For security purposes, HPMP cases of whatever nature will not be posted in the website and can only be accessed through the database by authorized personnel.

d. Investigation and Monitoring of Missing Person and HPMP Cases:

1) All Missing Person cases shall be treated as part of PCR initiatives relative to the monitoring of Missing Persons cases, including coordination with the reportees, other PNP units and external agencies;

2) In the investigation of HPMP cases, all efforts have to be exhausted to ensure the solution of the case. Existing PNP policies and operational procedures on investigation should be strictly implemented and complied; and

3) IOC/WCPO shall regularly coordinate with the reportee regarding the progress of the case and inquire for additional information that may be relevant to the investigation.

e. Recording, Investigation and Monitoring of Found Persons

1) All efforts must be made to establish the identity of Found Persons;

2) The unit that discovers or receives information from concerned individuals about a Found Person shall check the Database. If there is a match, appropriate coordination should be made to contact the relatives of the Found Person or the reportee. Updating of the database shall also be made accordingly to tag the MP or HPMP as "Located";

3) If there is no match, photographs, finger prints, and other available personal details of the Found Person shall be uploaded to the database;

4) The unit that discovers or receives information from concerned individuals about a Found Person shall immediately interview said concerned individuals to determine the circumstances surrounding the discovery of the Found Person. The personal details of the concerned individuals, including their addresses and contact information, shall be recorded;

5) The receiving police unit shall coordinate with a local health officer in checking the physical and medical condition of the Found Persons. The police unit should also determine if the Found Person is a possible victim of crime based on the result of the physical and medical exam; and

6) If the Found Person is a victim of crime, the IOC/WCPO, as the case may be, shall take cognizance, without prejudice to the existing PNP policies on investigation and operational procedures. Otherwise, PCR shall take cognizance and coordinate with the LGU to locate the domicile or relatives of the Found Person. If the domicile and relatives cannot be determined, PCR shall coordinate with Local Social Welfare and Development Officer (LSWDO) for turnover and temporary shelter.

f. Unidentified Human Remains

1) The IOC of the unit that discovers the Unidentified Human Remains should immediately request for the SOCO assistance following existing rules and protocols; ETHIDa

2) The primary objective of the IOC is to gather available evidence and witnesses in the crime scene to establish the identity of the Unidentified Human Remains;

3) If viable, photograph or facial composite of the dead body should be taken for uploading at the database;

4) The IOC shall coordinate with DOH and its local offices on the temporary interment of Unidentified Human Remains pursuant to PD No. 856 (Code of Sanitation of the Philippines). The IOC may also be required to coordinate with the LGU and Local Civil Registrar concerned with regard to the temporary interment; and

5) In those cases where DNA samples are requested, the investigating unit shall inform the reportees or other family members that such DNA samples are provided on a voluntary basis and shall be used solely to help locate or identify the missing persons and shall not be used for any other purpose.

e. Responsibilities

1) DIDM

a) Assume Directorial Staff responsibility for the efficient and effective implementation of this MC;

b) Evaluate and validate the compliance of all PROs nationwide and institute appropriate measures to ensure religious compliance;

c) Prepare periodic assessment of actions taken by line units;

d) Primary responsible in establishing the Database;

e) Host an online missing persons public inquiry website;

f) Maintain coordination with DICTM and ITMS with regard to the establishment of MP/HPMP database and the online missing persons public inquiry website;

g) Institute policies in the establishment of MP/HPMP Database that can only be accessed by authorized personnel; and

h) Perform other tasks as directed.

2) DPCR

a) Assist DIDM in the implementation of this MC;

b) Ensure participation of PCR field units regarding their functions relative to this MC;

c) Disseminate an information drive regarding the provisions of this MC;

d) Craft policy guidelines for PCR personnel to serve as liaison among the victim's family, LGUs and other organizations, and the PNP;

e) Establish rapport with other stakeholders for their cooperation in the implementation of this MC;

f) Maintain the Website through its field units in coordination with DIDM and DICTM;

g) Regularly coordinate with DIDM regarding status of MPs; and

h) Perform other tasks as directed.

3) DO

a) Coordinate with National Law Enforcement Coordinating Council (NALECC) members institutions in crafting suppletory policies relative to this MC; and

b) Perform other tasks as directed.

4) DI

a) Assume responsibility over all incidents of MP/HPMP and Found Unidentified Human Remains reported to be foreign nationals;

b) Regularly coordinate with DIDM and DPCR as to the progress of incidents involving foreign nationals; and

c) Perform other tasks as directed.

5) DC

a) Arrange and provide the budgetary requirements for the implementation of this MC; and

b) Perform other tasks as directed.

6) DICTM

a) Assist DIDM in developing programs and applications extracting MP/HPMP information from database generated by CIRS;

b) Provide technical support in hosting an online public inquiry website;

c) Enhance security measures of the MP/HPMP database and website;

d) Provide continuous technical support in the implementation of this program; and

e) Perform other tasks as directed.

7) AKG

a) Shall take cognizance of the case once an MP or HPMP is confirmed by the IOC to be a victim of kidnapping;

b) Regularly update HPMP database;

c) Submit accomplishment report to DIDM on a monthly basis; and

d) Perform other tasks as directed.

8) CIDG and RCIDUs

a) Assume responsibility over all incidents involving high-profile personalities;

b) Regularly update the database and website;

c) Submit a monthly accomplishment report to DIDM, through CIDG-NHQ; and

d) Perform other tasks as directed.

9) CL

a) Provide necessary technical assistance, including DNA and dental matching, fingerprint identification, autopsy, and computerized facial composite to police units in the implementation of this MC; cSEDTC

b) Coordinate with other government agencies in determining the cause of death of the victims, especially those who are victims of disasters;

c) Regularly access and update the MP/HPMP database and website; and

d) Perform other tasks as directed.

10) WCPC

a) Assume responsibility over all incidents involving women and children, and possible TIP cases;

b) Submit accomplishment report to DIDM on a monthly basis; and

c) Perform other tasks as directed.

11) PROs

a) Ensure compliance of local police units in their AOR in the implementation of this MC;

b) Submit monthly consolidated accomplishment report to DIDM that contains corresponding interpretation and analysis; and

c) Perform other tasks as directed.

12) PPOs/District Offices

a) Submit monthly accomplishment report to PRO for consolidation; and

b) Perform other tasks as directed.

13) CPSs/MPSs

a) Maintain MP/HPMP database;

b) Update the MP online public inquiry website;

c) Implement the provisions of this MC in their level;

d) Submit monthly accomplishment report to PPOs/District Offices; and

e) Perform other tasks as directed.

f. Coordinating Instruction

Lateral coordination among PNP local and national units is encouraged for the successful implementation of this MC.

8. Administrative Sanction:

a. Immediate supervisors and or heads of offices who fail to follow the guidelines set forth under this MC shall be held administratively liable under NAPOLCOM Memorandum Circular 2007-001 for Neglect of Duty;

b. All personnel culpable for deliberate manipulation of reports to conceal incidents of found human remains or inaction on reported incidents relative hereto shall be held administratively liable under NAPOLCOM Memorandum Circular 2007-001 for Serious Irregularity in the Performance of Duty; and

c. This MC shall be suppletory to existing PNP policies.

9. Effectivity:

This MC shall take effect after 15 days from filing of a copy thereof at the University of the Philippines Law Center in consonance with Sections 3 and 4 of Chapter 2, Book VII of Executive Order 292, otherwise known as the "Revised Administrative Code of 1987," as amended.

 

(SGD.) RICARDO C. MARQUEZPolice Director General

PNP Incident Report Form

Reportee Information

Checklist for Absent/Missing Person

Checklist for Found Person

Checklist for Found Dead Body

Checklist for Unidentified Human Remains

ANNEX G

Authorization

This is to authorize the (Station, City/Municipality) _______________________________, Philippine National Police, to record and upload the information and photograph of (Name of Missing Person) _________________________________________, residing at (address) _________________________________________________________________, in the PNP Missing Person Website.

This shall also certify that I (Name of Repartee) __________________________________, (relation to the Missing Person) ______________________________ of (Name of Missing Person) ______________________, have willfully given my consent for the said upload.

Submitted this (day) ______ of (month) ________________________, (year) ________.

__________________________________

Received by:

_______________________________