PNP Policy on Addressing Violence Against Women and Children (VAWC) among PNP Personnel

February 23, 2016

PNP MEMORANDUM CIRCULAR NO. 008-16

PNP POLICY ON ADDRESSING VIOLENCE AGAINST WOMEN AND CHILDREN (VAWC) AMONG PNP PERSONNEL

1. References:

a. NHQ-PNP General Orders No. DPL-15-02 dated March 10, 2015 implementing the provisions of NAPOLCOM Resolution No. 2014-441;

b. NAPOLCOM Resolution No. 2014-441 entitled "Strengthening and Restructuring of the Women and Children Protection Center," approved on November 27, 2014;

c. R.A. No. 9262, otherwise known as the "Anti-Violence Against Women and Children Act of 2004"; and

d. R.A. No. 6713, otherwise known as the "Code of Conduct and Ethical Standards for Public Officials and Employees."

2. Rationale:

In addressing the issues of VAWC cases committed, the PNP increases its credibility by reducing or eliminating incidents of violations of VAWC committed by PNP personnel against their wives, partners, and children. The PNP trains ethical personnel, truly concerned and adept of women and children with special needs. It aims to form values by instilling greater awareness on gender, respect to women, protection of children, and family duties.

3. Situation:

The PNP has noted the recent increase in the number of reported cases on Violence Against Women and their Children (VAWC) committed by Police personnel against their wives, domestic partners, and children. The situation led to the review of existing guidelines and procedures of the PNP on cases involving personnel committing VAWC. The evaluation revealed that the PNP lacks a comprehensive policy in dealing with incidents of VAWC, and guidelines to prevent their commission.

In 2014, data culled from the WCPC shows 915 cases of VAWC involving PNP personnel, representing over two percent of the 49,883 total number of VAWC cases nationwide. Fifty-seven percent (57%) of the VAWC cases filed against PNP personnel mostly refer to abandonment and non-support. DcHSEa

This relatively high number of VAWC cases involving PNP personnel necessitates the crafting of a policy which will utilize the preventive and restorative approaches in addressing these cases.

4. Purpose:

This MC sets forth the policies and guidelines in addressing the issue of VAWC among PNP personnel, to pre-empt its commission and to prescribe an effective strategy, including but not limited to advocacy, training, alternative dispute resolution, and administrative action, to be undertaken when VAWC is already committed, taking into consideration the well-being of the PNP personnel and the best interest of their family.

This MC likewise reinforces the PNP policy to sensitize its personnel on gender issues and social responsibility at the earliest stage of their police career, in order to give them the proper perspective on family, women and children.

5. Definition of Terms:

a. Administrative Action — an administrative proceeding to determine the proper disciplinary action to be undertaken against a PNP personnel alleged to have committed VAWC.

b. Advocacy — a process of providing awareness among PNP personnel on family care and relations, and enabling them to express their views and concerns in addressing the issue.

c. Counselling — the act of providing marital or psychological counselling and advice to PNP personnel who is committing or has committed VAWC by organizations or persons recognized by the WCPC/WCPD as a partner in the promotion of the well-being of PNP personnel.

d. Family — the foundation of the nation, a basic social institution which public policy cherishes and protects.

e. Preventive Approach — the method of intervention which focuses on the avoidance of the commission of acts of VAWC among PNP personnel.

f. Quad Media — a combination of print, radio, television and online media as channel or platform of disseminating the advocacy of this policy.

g. Restorative Approach — the method of intervention which focuses on the rehabilitation of family relations of the erring PNP personnel.

h. Violence Against Women and their Children (VAWC) — For purposes of this MC, it refers to abuses committed by a PNP personnel against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child or against her child whether legitimate or illegitimate, which constitutes a violation of NAPOLCOM Memorandum Circular 2007-001.

6. Policies:

a. The PNP recognizes the sanctity of the family as the foundation of the nation and as a source of strength and inspiration to its personnel. Along this line, it encourages the inculcation of giving value to family and prescribes the use of restorative approach in addressing VAWC cases among PNP personnel;

b. The PNP shall exhaust all measures designed to strengthen, enhance, and promote the family as an inviolable social institution; and

c. Strict confidentiality of all VAWC cases must be observed. All records pertaining to VAWC cases shall be confidential and all PNP personnel shall respect the right to privacy of the victim. Those found violating said confidentiality rule shall be dealt with accordingly.

7. Guidelines:

a. Advocacy

1) PNP Training units across the country shall undertake advocacy programs, projects, and activities on family relations and eliminating violence committed against women and children to trainees, especially on new recruits;

2) Police units shall include the topic of VAWC and family care and relations in the conduct of Police Information and Continuing Education (PICE); and

3) The PNP shall maximize the use of quad media in educating personnel on family care and relations.

b. Counselling

1) Marital or Psychological Counselling shall be made available to the PNP personnel who is a party to a VAWC case, from organizations or persons recognized by the WCPC/WCPD as a partner in the promotion of the well-being of PNP personnel;

2) In case the wife of a PNP personnel and the PNP personnel mutually agree to jointly undergo counselling, the WCPC/WCPD/WCPS shall designate a psychologist or a PNP trained counsellor to conduct the counselling appropriate to the needs of the parties; and SCaITA

3) The PNP personnel who is committing or has committed VAWC shall likewise undergo the mandatory training on Family Systems and Gender Sensitivity as required.

c. Training

1) The Public Safety Basic Recruitment Course (PSBRC) will adopt and include in its training program a training module that shall include subjects treating the topics on family systems and gender awareness issues as one of the values to be developed and ingrained in the character of a new police recruit;

2) Likewise, an In-Service training program on Family Systems in the PNP shall likewise be introduced. Based on the Training Needs Analysis (TNA), the training package shall engender 11 identified modules necessary to address the issue. The following topics shall be adopted and included:

a) Child Development;

b) Family Dynamics;

c) Special Laws on the Protection of Women and Children;

d) Time Management;

e) Stress Management;

f) Anger Management;

g) Conflict Resolution;

h) Financial Management;

i) Gender Sensitivity; and

j) Responsible Parenthood.

3) The seminar shall be participative, interaction-based, illustrative, and dynamic but shall still include comprehensive lectures. Value formation, clarification of roles and responsibilities, and education shall be the guiding core of the program. It shall however remain secular and free from religious overtones;

4) PNP personnel who have been reported to the WCPC/WCPD/WCPS to have committed violence against women and children during the period under review shall undergo mandatory training on Family Systems as priority participants in the next training cycle;

5) To effectively carry out the objectives of the training, the spouses of the attending PNP personnel with VAWC cases may also be invited to participate in the training, subject to availability of resources to accommodate them;

6) The training shall address issues on gender equality in treatment, stereotypes in a male dominated macho Filipino culture and those pertaining to parental role; conflict resolution; financial, time, and anger management; and work-related stress which contribute to the commission of VAWC, among others;

7) The course shall include a tagline "Law Enforcers Opposed to Violation and Exploitation of Women and Children," or L-O-V-E and with the slogan "The PNP Cares for our Women and Children";

8) The Pilot Class shall serve as the Training of Trainers (TOT) class and shall be conducted within the first year of the implementation of the program;

9) To maximize potential resources and to engage our stakeholders in the endeavor to transform our policemen, internal and external stakeholders will be tapped. An invitation letter requesting for any kind of support will be sent to them. Requirements to support the program shall be provided by PNP funds. Nonetheless, other partners and stakeholders may be encouraged to provide financial support as well;

10) A system of assessment and evaluation shall be utilized and reviewed by the program implementer together with the instructors; and

11) The training course must be conducted at least two times a year in the PROs and in NOSUs or as often as when cases of VAWC increases in volume within a jurisdiction.

d. Database of VAWC Cases:

1) The WCPC shall maintain a database on VAWC cases committed by PNP personnel. For this purpose, the WCPC shall coordinate with investigating and disciplinary authorities to gather these data. Investigating and disciplinary authorities are encouraged to send reports at e-mail address [email protected] every 26th day of the month following the prescribed form attached as Annex "A."

2) The WCPC shall also gather updates on the progress of the cases under investigation, especially upon their termination or completion. aTHCSE

3) The investigating/disciplinary authorities handling VAWC cases committed by PNP personnel include the following:

1) Internal Affairs Service (IAS) and its Regional Offices;

2) Discipline, Law and Order Division (DLOD) of DPRM;

3) Discipline, Law and Order Sections (DLOS) of PROs, NOSUs and NASUs; and

4) WCPDs of PROs and WCPS of NOSUs and NASUs.

4) Sensational VAWC cases received by the WCPDs/WCPS shall be reported immediately to the WCPC; and

5) The WCPC shall coordinate with the Discipline Law and Order Division (DLOD), DPRM for the data of VAWC cases resolved with finality.

e. Responsibilities:

1) TDIDM

1) Designated as Program Director;

2) Oversee the degree of compliance with this MC through WCPC;

3) Account and Monitor PNP Personnel who have undergone the training, and

4) Perform other tasks as directed.

2) DHRDD

1) Provide guidance in the conduct of the Training;

2) Account and identify all personnel who had undergone the Training; and

3) Perform other tasks as directed.

3) DC

1) Provide fund support in the implementation of the programs contained in this Circular; and

2) Perform other tasks as directed.

4) Chief, WCPC

1) Designated as Program Manager;

2) Provide the modules, POI and updates on the training course design;

3) Initiate other interventions as necessary; and

4) Perform other tasks as directed.

5) RIDMD

1) Designated as Course Coordinator;

2) Coordinate with WCPC regarding the program;

3) Coordinate with DHRDD for the conduct of training at the lower units;

4) Formulate other interventions as necessary; and

5) Perform other tasks as directed.

6) Regional WCPD

1) Schedule PNP Personnel who will undergo the training (offenders and non-offenders);

2) Ensure compliance with this MC;

3) Coordinate with the WCPC prior to the conduct of the training;

4) Submit After-Activity Report after the Training;

5) Submit to TDIDM accounting and monitoring reports of PNP Personnel who have undergone the training; and

6) Perform other tasks as directed.

8. Rescission:

All prior issuances inconsistent with this Circular are hereby rescinded accordingly.

9. Effectivity:

This 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 292 otherwise known as the "Revised Administrative Code of 1987," as amended.

 

(SGD.) RICARDO C. MARQUEZPolice Director General