Police Operational Procedures on Civil Disturbance Management (CDM) Operations

September 28, 2016

PNP MEMORANDUM CIRCULAR NO. 063-16

POLICE OPERATIONAL PROCEDURES ON CIVIL DISTURBANCE MANAGEMENT (CDM) OPERATIONS

1. REFERENCES:

a. Batas Pambansa (BP) Bilang 880 otherwise known as "The Public Assembly Act of 1985";

b. Philippine National Police Operational Procedures (POP), Rules 25 and 26 dated December 2013;

c. PNP Command Memorandum Circular (CMC) 05-2014 "Intensified Internal Security Operations" dated March 31, 2014;

d. PNP Memorandum Circular (MC) No. 2013-021 "PNP Critical Incident Management Operational Procedures" dated December 13, 2013;

e. National Crisis Management Core Manual 2012;

f. PNP Letter of Instructions (LOI) 13/2011 (SANG-INGAT CHARLIE) dated April 13, 2011; cHDAIS

g. PNP MC No. 2009-020A "Guidelines and Procedures on the Rationalization of the PNP Mobile Groups" dated July 5, 2010;

h. Article 20 of the United Nations Universal Declaration of Human Rights 1948; and

i. Revised Penal Code: Act No. 3815 — An Act Revising the Penal Code and Other Penal Laws dated December 8, 1930.

2. RATIONALE:

This MC provides the policies and the standard procedures and guidelines in the conduct of Civil Disturbance Management (CDM) operations to be undertaken by concerned Directorial Staff, National Support Units (NSUs), Police Regional Offices (PROs), and Provincial/City Police Offices (P/CPOs).

3. SITUATION:

Public assemblies have been an integral part of the survival of any democratic country. They had helped shape the evolution of democratic processes of countries as they showcase the peoples' concern and passion for the betterment of the whole nation. These public assemblies/gatherings may be utilized to air grievances against the government or may be used by cause-oriented groups to champion reforms that they want to push in the government.

While public assemblies are generally characterized as peaceful gatherings, there are some that end in violence especially when negotiations between the demonstrators and the government representatives or law enforcers fail.

In the Philippines, several public assemblies that ended in violent dispersals have been recorded. One of the bloodiest rally dispersals occurred in Mendiola Street in Manila on January 22, 1987 that resulted in the death of 13 farmers and wounding of more than a hundred others. Also known as the "Mendiola Massacre", the rally led by the Kilusang Magbubukid ng Pilipinas, demanded genuine agrarian reform from the government of former President Corazon C. Aquino.

Another recorded as among the most violent rally dispersals in the country occurred at the Hacienda Luisita, Tarlac on November 16, 2004 that resulted in the death of seven farmers and wounding of more than a hundred. And the latest violent rally dispersal occurred in Kidapawan City on April 1, 2016, that resulted in the death of two persons and wounding of at least 116 others, including police personnel.

In all the incidents cited above, the CDM contingents were blamed for the violent dispersals resulting in the deaths and injuries of the protesters. To prevent these incidents from happening again, it is imperative that CDM operational guidelines and procedures be issued.

4. PURPOSE:

To provide and establish a standard operational guidelines and procedures in the conduct of Civil Disturbance Management (CDM) operations. DHITCc

5. DEFINITION OF TERMS:

a. Arresting Elements — a group of police personnel who are assigned to arrest participants of a public assembly who violate a law, statute, or ordinance during the assembly.

b. CDM Commander — a police officer with a rank of at least Police Senior Inspector who acts as the immediate supervisor of the CDM contingent and issues the orders to the CDM contingent upon orders of the overall incident commander.

c. CDM Equipment — tools/equipment that are used as personal protection of policemen/law enforcers during public assembly or in the dispersal of the same. These include gas masks, riot shields, riot helmets, batons, gloves, and vests.

d. Crowd Control — the use of police action to stop the untoward or violent activities of persons during public assemblies.

e. Crowd Management — actions undertaken to unify and coordinate resources and efforts to effectively quell violence during public assemblies.

f. Crisis Management Committee — a governing body that takes decisive actions to resolve the crisis or emergency.

g. Demonstrator — a person who takes part in a public protest, meeting or march.

h. Ground Commander — is an individual in the vicinity who temporarily assumes command of the incident (source: National Crisis Management Manual 2002).

i. Ground Command Post — refers to a temporary area established in the vicinity of a public assembly scene for the purpose of coordinating all activities or actions relevant to the event.

j. Human Rights — the fundamental rights that humans have by the fact of being human, often held to include the rights to life, liberty, equality, and a fair trial, freedom from slavery and torture, and freedom of thought and expression.

k. Human Rights Violation — occurs when actions by state (or non-state) actors abuse, ignore, or deny basic human rights (including civil, political, cultural, social, and economic rights). Furthermore, violations of human rights can occur when any state or non-state actor breaches any part of the Universal Declaration of Human Rights Treaty or other international human rights or humanitarian law.

l. Incident Commander — the single person who commands the incident response and is the decision-making final authority on the ground.

m. Maximum Tolerance — the highest degree of restraint that the police, military or other peacekeeping authorities shall observe during a public assembly or in the dispersal of the same. cEaSHC

n. Media Relations — the relationship that the police organization develops with journalists and members of the media.

o. Negotiator — a person who facilitates the peaceful settlement of issues toward a common agreement.

p. Non-lethal weapons — also called less-lethal weapons, less-than-lethal weapons, non-deadly weapons, compliance weapons or pain-inducing weapons are weapons intended to less likely kill a living target than conventional weapons. These are used in combat situations to limit the escalation of conflict where employment of lethal force is prohibited or where rule of engagement require minimum casualties, or where policy restricts the use of conventional force.

q. On-Scene Commander — an individual in the vicinity of an incident, who temporarily assumes command of the incident and institute immediate emergency procedures, such as the isolation of the incident from the rest of the environment.

r. Public Assembly — any rally, demonstration, march, parade, procession or any other form of mass or concerted action held in a public place for the purpose of presenting a lawful cause; or expressing an opinion to the general public on any particular issue; or protesting or influencing any state of affairs whether political, economic or social; or petitioning the government for redress of grievances.

s. Public Place — shall include any highway, boulevard, avenue, road, street, bridge or other thoroughfare, park, plaza, square, and/or any open space of public ownership where the people are allowed access.

t. Public Safety — refers to the welfare and protection of the general public. It is always expressed as a governmental responsibility.

u. Public Safety Forces — is a general collective term for mobile reaction units/maneuver units established in all Police Regional Offices, Police Provincial Offices, City Police Offices for civil disturbance control, internal security operations, hostage-rescue operations and other special operations. This includes the Special Action Force (SAF).

v. Regional Public Safety Company — the mobile reaction unit of the Regional Public Safety Battalion (RPSB) which is deployed to augment the provincial, city, and municipal police forces for civil disturbance control, internal security operations, hostage-rescue operations, disaster and relief operations, police visibility, police community activities, and other special operations.

w. Security Team — composed of tactical elements from SWAT and is not part of the CDM contingent, who is deployed at least 100 meters away from the CDM contingent. Their main mandate is to provide security to the CDM contingent in case violence erupts during the assembly or dispersal of the same.

6. GUIDELINES:

a. General Policies and Principles

1) Everyone has the right to freedom of peaceful assembly and association;

2) The processions, rallies, parades, demonstrations, public meetings and assemblages for religious purposes shall be governed by local ordinances; CTIEac

3) A written permit shall be required for any person or persons to organize and hold a public assembly in a public place. However, no permit shall be required if the public assembly shall be done or made in a freedom park duly established by law or ordinance or in private property, in which case only the consent of the owner or the one entitled to its legal possession is required, or in the campus of a government-owned and operated educational institution which shall be subject to the rules and regulations of said educational institution;

4) All applications for a written permit shall comply with the following guidelines:

a) The applications shall be in writing and shall include the names of the leaders or organizers; the purpose of such public assembly; the date, time and duration thereof, and place or streets to be used for the intended activity; and the probable number of persons participating, the transport and the public address systems to be used;

b) The application shall incorporate the duty and responsibility of applicant under Section 8 of BP 880;

c) The application shall be filed with the office of the mayor of the city or municipality in whose jurisdiction the intended activity is to be held, at least five working days before the scheduled public assembly; and

d) Upon receipt of the application, which must be duly acknowledged in writing, the office of the city or municipal mayor shall cause the same to immediately be posted at a conspicuous place in the city or municipal building.

5) The mayor or any official acting in his behalf shall act on the application within two (2) working days from the date the application was filed, failing which, the permit shall be deemed granted. Should for any reason the mayor or any official acting in his behalf refused to accept the application for a permit, said application shall be posted by the applicant on the premises of the office of the mayor and shall be deemed to have been filed.

6) The PNP shall not interfere with the holding of public assembly. However, to ensure public safety and to maintain peace and order during the assembly, a CDM contingent under the command of a Police Commissioned Officer preferably with the rank of Police Senior Inspector may be detailed and stationed in a place at least one hundred (100) meters away from the area of activity ready to maintain peace and order at all times;

7) All public assemblies with permit shall not be dispersed. However, when an assembly, with or without a permit, becomes violent, the police may disperse such public assembly; SaCIDT

8) The Ground Commander must verify rally permits from the issuing authority whether it was legally issued and duly signed;

9) In the deployment, baseline ratio of two CDM elements to three demonstrators must be considered;

10) There shall always be an On-Scene Commander, CDM Commander, and Incident Commander at the rally site;

11) CDM contingent dealing with the demonstrators shall be in prescribed CDM uniform;

12) CDM contingent must be briefed on the situation and possible scenarios that may develop and actions to be taken. To familiarize each member of the CDM contingent, rehearsals/practices should be undertaken on their movements/formations before the actual deployment;

13) Whenever appropriate, deploy properly trained and equipped female CDM personnel as front-liners;

14) The use of barricades such as concertina wires, concrete barriers, and the like which cannot be easily moved manually and require heavy equipment are encouraged if available, to serve as first line of defense between the demonstrators and CDM contingent to prevent physical contact;

15) All CDM operations shall be properly documented with video and photo coverage;

16) Implement arrest in flagrante delicto in the case of actual and personal sightings of firearms being carried by some demonstrators. The perpetrators must be arrested immediately;

17) Local Chief Executives/community leaders should be involved to intervene in the situation so that dispersal operations could be avoided;

18) Apply slow dispersal technique whenever it is applicable. Take the ground inch by inch. Ground Commander shall refrain from using water cannon and tear gas as much as possible;

19) Water cannons may be utilized when demonstrators become unruly and aggressive forcing troops to fall back to their secondary positions;

20) Tear gas and pepper spray may be utilized to break up formations or groupings of demonstrations who continue to be aggressive and who refuse to disperse despite earlier efforts;

21) The use of baton/truncheons should only target fleshy part of the body such as arms, torso, legs, and thighs; cHECAS

22) The CDM elements shall not carry any kind of firearms but may be equipped with baton or riot sticks, crash helmets with visor, gas masks, boots or ankle-high shoes with shin guards;

23) PNP Security Teams, composed of tactical elements from SWAT, which are not part of the CDM contingent, must be deployed at least 100 meters away from the CDM contingent to protect the contingent and should not participate in the dispersal of a public assembly;

24) When there exist an overt act on the part of demonstrators that would constitute an imminent threat or endanger the life/lives of CDM element/s or member/s of the PNP Security Team/s before, during, or after dispersal operations, the PNP Security Team/s may use a calibrated and reasonable force to defend themselves or the CDM elements from harm and danger, including the use of lethal weapons as a last resort;

25) Deploy ambulance with complete equipment and crew together with the security elements;

26) Deploy fire truck together with the Security Teams in coordination with the Bureau of Fire Protection (BFP) in the assembly area; and

27) During crisis situation, wherein an Incident Commander (IC) was designated by the Chairman of the Crisis Management Committee (CMC), the IC is the final decision-making authority.

b. Procedures During Stages of Public Assembly

During the various stages of a public assembly, the PNP shall adopt the National Crisis Management Framework which provides a comprehensive approach to understanding the components of crisis or the 5Ps of crisis management namely: Predict, Prevent, Prepare, Perform, and Post-Action and Assessment.

Although the 5Ps are interrelated crucial components of effective crisis management, these components do not happen in phases, whether sequential or consequential. Addressing complex or multi-dimensional crises requires activities under Predict, Prepare and Prevent to happen simultaneously and in a continuous manner even while executing activities under Perform or responding to an ongoing crisis or conducting Post-Action and Assessment activities.

Predict — predictions are attempts to remove uncertainty in the future. The Predict component is undertaken through Strategic, Operational and Tactical Situation Awareness process. It scans the environment identifying weak signals, drivers, threats, hazards, risks, opportunities, vulnerabilities, among others; develops foresights; and conveys strategic warnings.

Prevent — a deliberate action aimed at avoiding future harm by addressing its causes. It is closely related to mitigation, which accepts that a potentially harmful incident cannot be prevented, but harmful consequences arising from it can be minimized by precautionary measures. Two preventive measures are described in the National Crisis Management Core Manual (2012): long-term strategy that is expected to yield effects over the years; and the other is operational in nature like target hardening. cAaDHT

Prepare — preparedness is essential for effective response. It covers six essential activities namely: Plan, Organize, Train, Equip, Exercise, and Evaluate and Improve. Simulation and desktop exercises evaluate the effectiveness of preparations, bring out flaws and weaknesses, and enable corrections and remedies to be effected to heighten levels of readiness to better cope up with actual crisis.

Perform — performance is the actual implementation of contingency plans when a crisis occurs, despite the pro-active measures undertaken. Once a crisis occurs, priorities shift from building or enhancing capabilities to employing resources to save lives, protect property, and preserve the social, economic, and political structure of the jurisdiction.

Post-Action and Assessment — post-action is a component which begins when the crisis has been addressed and the situation is deemed clear. Post-action activities seek ways to evaluate and improve prevention, preparation, and the actual execution.

1) Pre-assembly Stage (Predict Activities)

a) Coordinate with the Local Government Units and prepare a security plan to include rerouting of vehicular traffic if necessary, before the start of the public assembly; and

b) Intensify intelligence gathering to ensure that no lawless elements can penetrate the public assembly.

2) Negotiation Stage (Prevent and Prepare Activities)

a) Monitor the activities at the public assembly area and respond to any request for police assistance;

b) Designate a negotiator on the side of the PNP to deal with the leaders of the demonstrators;

c) Liaise with the Commission on Human Rights (CHR) to provide representatives as observer during public assemblies to personally assess, watch/see all happenings;

d) Dialogue with leaders of the demonstrators to determine the purpose or objective of the rally, the issues and concerns they intend to raise and the agency that they expect will address their concerns for possible coordinated negotiations that may settle the issue and may result to voluntary dispersal;

e) Inform demonstrators on the standing policies/laws governing the holding of rallies and to convince them to abide by the rules, regulations and laws and the appropriate enforcement of the law that the PNP will implement against any violation;

f) Hold the line to prevent demonstrators from proceeding to other areas where the holding of a public assembly is prohibited; HCaDIS

g) Provide security to demonstrators to pre-empt any untoward incident and to enforce laws in case of violations;

h) Remind the leaders/organizers at least 30 minutes before the deadline to voluntarily disperse;

i) Give an extension of time for the voluntary dispersal by the leaders/organizers when requested or when necessary, but ensure that security of both the participants and the place or personality which is the subject of the mass action is ensured;

j) Conduct a dialogue again ten minutes before the set time for voluntary dispersal to remind the leaders/organizers of such deadline;

k) Remain at the area during voluntary dispersal until cleared of any participant and to disengage only when practicable; and

l) In rallies without permit, the Ground Commander shall exhaust efforts through dialogue with the leaders/organizers for voluntary dispersal.

3) Dispersal Stage (Perform Activities)

a) The Ground Commander of the PNP contingent shall call the attention of the leaders of the public assembly and ask the latter to prevent any possible disturbance;

b) If actual violence reaches a point where rocks or other harmful objects from the participants are thrown at the CDM contingent or the non-participants, or at any property causing damage to it, the Ground Commander shall audibly warn the participants that if the disturbance persists, the public assembly will be dispersed;

c) Ground Commander shall refrain from using water cannon and tear gas as much as possible but has the discretion to do so whenever the situation requires;

d) Non-lethal weapons and equipment may be used to suppress violence, to protect lives, and prevent further damage to properties;

e) No arrest of any leader, organizer, or participant shall be made unless he violates a law, statute, or ordinance during the assembly or dispersal;

f) Protesters who are arrested must be properly restrained/handcuffed using scientific control methods; and thereafter, brought safely to the police station for processing. Arrested protesters must not be kicked, punched, or dragged by hair or feet;

g) PNP Security Teams shall be tactically deployed to provide immediate assistance to the CDM contingents; AHCETa

h) Commence dispersal operations should negotiation fail and the demonstrators refuse to disperse voluntarily and peacefully, thereby causing public inconvenience, but only upon clearance from the Incident Commander;

i) Apply slow dispersal technique whenever it is applicable. Take the ground inch by inch. Maximum tolerance shall always be observed;

j) Alert support units should be positioned at their designated area; and

k) Employ appropriate CDM formation as required by the situation.

4) Post Dispersal Stage (Post-Action and Assessment Activities)

a) CDM contingent shall be withdrawn after the area has been cleared of possible danger to public safety;

b) Commanders should conduct debriefing on all involved personnel as soon as practicable;

c) Conduct critique to determine the following:

c.1) Effectiveness of organization, systems, and procedures employed;

c.2) Appropriate training of personnel;

c.3) Suitability of equipment used; and

c.4) Technical investigative capability.

d) PIO should promptly address any relevant issues before the media and manage press releases;

e) Assist in the evacuation of injured persons and casualties;

f) Assist in the medical treatment of wounded CDM contingent and demonstrators;

g) Assist in the restoration of order and normalcy in the venue of the rally;

h) File appropriate cases against demonstrators who violated laws and ordinances; and

i) Document lessons learned and best practices.

c. Responsibilities:

1) Directorate for Operations

a) Supervise the implementation of this Circular; and

b) Designate the Chief, Internal Security Operations Division, DO to conduct periodic organizational/performance audit and operational review and evaluation to the CDM contingent of Police Regional Offices down to Provincial/City Police Offices. ScHADI

2) Directorate for Personnel and Record Management — Formulate and implement a five-year Manpower Build-up for ISO Enhancement Program on CDM for the PNP Public Safety Forces.

3) Directorate for Intelligence

a) Cause the provision of timely and periodic intelligence and intelligence support to other tasked units and in coordination with other D-Staff; and

b) Determine condition threat levels, as basis for corresponding measures.

4) Directorate for Investigation and Detective Management — Assist in the filing of all appropriate cases and prosecution of arrested persons during public assemblies.

5) Directorate for Police Community Relations — Prepare and submit Information Operation Plan and Communication Plan (COMPLAN) relative to this MC.

6) Directorate for Integrated Police Operations

a) Supervise the PROs in the implementation of the provisions of this MC in their respective AORs; and

b) Act as supervisor when crisis escalates beyond regional boundaries.

7) National Support Units — Provide personnel augmentation and other resources to support this MC as required.

8) Police Regional Offices — Ensure the implementation of this MC in respective AORs.

7. REPEALING CLAUSE:

All other SOPs, policies, directives, and other issuances previously issued which are inconsistent with the policies/guidelines stated in this MC are hereby deemed repealed or modified accordingly.

8. EFFECTIVITY:

This Memorandum Circular 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.) RONALD M. DELA ROSAPolice Director General

ANNEX A

Peaceful Assembly Stage Deployment

Baseline Ratio: 3 Rallyists vs. 2 CDM Elements

No. of Demonstrators	No. of CDM Personnel	Reserve CDM Contingent	Fire Truck	Arresting Elements	Tactical Elements	Total CDM Personnel
50	34	1 Platoon				68
200	134	2 Platoons	1 unit	16	16	234
500	334	1 Company	2 units	32	16	521
1,000	666	2 Companies	3 units	64	32	1,040
3,000	2,000	1 Battalion	4 units	96	32	2,411
4,000	2,666	2 Battalions	4 units	128	32	3,392
5,000	3,332	4 Battalions	5 units	128	64	4,656
10,000 up	6,666	8 Battalions	6 units	256	64	9,250

 

Legend:

Platoon = 34 CDM personnel

Company = 139 CDM personnel

Battalion = 283 CDM personnel

ANNEX B

Peaceful Assembly Stage Deployment

ANNEX C

Jurisdiction of Ground Commander

 

PROs Jurisdiction of Ground Commander

No. of Demonstrators	Level of Authority	Additional Deployment
20	COP, MPS/CPS
50	COP, MPS/CPS
100	COP, MPS/CPS	PPSC/CPSC
500	PD/CD	RPSB, RSUs
1,000	PD/CD	PPSCs, CPSCs, RPSB, and RSUs
6,000	DRDO	PPSCs, CPSCs, RPSB, RSUs and AFP
10,000	RD, PRO	RPSBs from other PROs and RSUs from other PROs and AFP
20,000 up	DIPO	RPSBs from other PROs, RSUs from other PROs, NHQ personnel and AFP

NCRPO Jurisdiction of Ground Commander

No. of Demonstrators	Level of Authority	Additional Deployment
20	PCP Commander
50	PCP Commander
100	PCP Commander	Station Personnel
300	Station Commander	DPSB
500	Station Commander	DPSB and RPSB
3,000	District Director	RPSB and DPSBs
10,000	DRDO, NCRPO	RPSBs from other PROs and RSUs from other PROs
20,000 up	RD, NCRPO	RPSBs from other PROs, RSUs from other PROs, NHQ personnel and AFP

ANNEX D

CDM Contingent

CDM Contingent Organizational Structure

 

CDM Contingent Organizational Structure

ANNEX E

CDM Support Units

CDM Support Units for Battalion

ANNEX F

Crisis Management Committee

ANNEX G

Incident Command System (ICS) Basic Organizational Structure