PNP Standard Operating Procedure No. ODO-2008-01 Procedures in Enforcing Final Decisions/Orders of Courts/Quasi-Judicial Agencies in Civil Cases to Include Written Requests for Police Assistance

September 12, 2008

PNP STANDARD OPERATING PROCEDURE NO. ODO-2008-01

PROCEDURES IN THE ENFORCEMENT OF FINAL DECISIONS OR ORDERS OF THE COURT IN CIVIL CASES, ORDERS OF OTHER GOVERNMENT AGENCIES IN THE EXERCISE OF THEIR QUASI-JUDICIAL FUNCTIONS, TO INCLUDE OTHER WRITTEN REQUESTS FOR POLICE ASSISTANCE

I. References:

a. PNP Operational Procedures;

b. Revised Rules of Court of the Philippines;

c. Local Government Code of the Philippines (R.A. 7160); and

d. Memoranda from DO dated January 28, 2008 & February 19, respectively, with subject: Security of Mining Industries/Illegal Mining Operations.

II. Purpose:

These Standard Operating Procedures prescribe the rules and regulations in the enforcement of final court orders or decisions in connection with civil cases, orders of other government agencies in the exercise of their quasi-judicial functions, other executive issuances and legal processes to include PNP actions on requests for police assistance.

III. Scope of Application:

This SOP is issued as a supplemental measure to reinforce Rule 18 of the PNP Operational Procedures on STRIKES, LOCKOUTS AND LABOR DISPUTES, and Rule 19 on DEMOLITION ORDERS, INJUNCTIONS AND OTHER SIMILAR ORDERS. The following guidelines shall be strictly applied: ESCcaT

a. The request for police assistance shall be acted upon by the appropriate police unit only if the following conditions are complied with:

i. The request for police assistance is based on an order of the court or quasi-judicial body that the PNP should extend police assistance in the implementation of its final decision or order. The request for police assistance, along with the copy of the order, should be personally filed by the sheriff or officer authorized to implement the decision or order at least five (5) days prior to its actual implementation. cACEaI

ii. Unless the original copy of the final decision or order is presented, machine copy of the decision or order must be duly authenticated by the clerk of court or quasi-judicial body.

iii. A certification or document issued by the court or quasi-judicial body should also be submitted stating that the decision or order to be implemented has gained finality and there is nothing more to be done under the premises but to implement it.

iv. The name of the sheriff or officer of the court or quasi-judicial body, who shall implement the final decision or order, shall also be mentioned in the certification or order issued by the court or judicial body.

b. All requests for police assistance other than those flowing from a final decision or order issued by the court or quasi-judicial bodies shall be in writing and signed by the requesting party or his duly authorized representative.

c. If the request for police assistance satisfies all the requirements mentioned above, police assistance shall be rendered within three (3) working days from receipt of the directive from C, PNP, RD, PRO or PD, PPO, as the case may be, to render police assistance unless a longer period is necessary, which shall not exceed fifteen (15) days, so as to give the PNP unit concerned ample time to prepare. STaCcA

d. The Chief, PNP, as may be recommended by The Director for Operations, could task any operational support unit of the PNP or PRO, which has jurisdiction in the area where the decision or order shall be implemented, to render police assistance. In case of request to the Regional Director, PRO, the latter could task the Police Provincial Office, City or Municipal Police Station within his jurisdiction to render police assistance. In case of direct filing of request to local police units or operational support units, no police assistance shall be rendered until a prior clearance is obtained from:

i. The Chief, PNP — when the subject involves foreign investment, national government projects, or the final decision or order to be implemented was rendered by the Supreme Court, the Court of Appeals, Court of Tax Appeals or the Sandiganbayan.

ii. RD, PRO/NSU Hqs — when request for assistance is addressed to the PDs/ROs or the final decision or order to be implemented was rendered by the Regional Trial Court or by other lower courts.

III. PD, PPO/ROs, NSUs — when the request is addressed to the COPs or equivalent unit commanders.

e. The request for police assistance of quasi-judicial bodies, like the Securities and Exchange Commission (SEC) and National Labor Relations Commission (NLRC), shall be submitted to the Office of the Chief, PNP regardless of the place where the police assistance should be performed.

f. In all cases, the court or quasi-judicial body that rendered the final decision or order to be implemented shall bear the operational cost of police assistance which shall include, but not limited to, transportation expenses of PNP members in going to and from the place where the decision or order shall be enforced and meal allowance for the duration of the enforcement operation.

g. Unit commanders tasked to render police assistance shall have the discretion to employ sufficient number of PNP uniformed personnel after taking into consideration the importance of the case, the scope of the resistance to be encountered, if there is any, the sentiment of the people affected by the final order or decision, and the general peace and order condition in the area. CAaSED

h. Unless a higher ranking officer is necessary and more PNP personnel shall be required, the police team to render police assistance shall be led by a Police Senior Inspector and all of its members shall be in police uniform while rendering police assistance.

i. Team leaders of police units other than the territorial police force who are specifically tasked to implement the final decision or order should coordinate with the concerned territorial units prior to its implementation.

j. PNP members shall observe maximum tolerance and respect individual rights at all times. Dialogue with those who may be affected by the implementation of the decision or order is encouraged to obviate violence and the assistance of local officials and other stakeholders, when warranted, should be sought.

k. The sheriff or officer of the court or quasi-judicial body shall have the final disposition whether or not to proceed with the implementation of the decision or order. EICDSA

l. The role of the PNP shall be supportive only, that is, strictly limited to the maintenance of peace and order, crowd control, and ensure the personal safety and security of the sheriff or officer of the court or quasi-judicial body.

m. In no case shall PNP members participate in the implementation of the decision or order by performing acts not herein mentioned, such as, but not limited to, hauling of personal properties, dismantling of properties. Further, PNP personnel tasked to render police assistance shall not socialize with any of the parties involved in the controversy to preempt any negative impression or partisan notion.

n. Maximum tolerance should be observed during police intervention and any reasonable force should be used only as a last resort for self defense and defense of strangers.

IV. Procedures:

a. Upon receipt of the decision or order, verify if it is authentic coming from the court, quasi-judicial body or government agency.

b. Ask clearance from higher headquarters before rendering police assistance or acting on the request.

c. Conduct discreet verification to have a better grasp about the subject of the request, decision or order.

d. As much as possible, resolve the conflict peacefully by initiating a dialogue or consultation with the concerned parties and other stakeholders such as LGUs, NGOs, religious leaders, council of elders, media if necessary, etc.

e. Organize appropriate number of personnel with a responsible officer as Team Leader. Through a briefing, see to it that each member of the team clearly understands his/her role, in the impending task/operation.

f. Secure the availability of an ambulance with medical crew and fire truck with crew to be positioned where they can best provide immediate assistance if need arises.

g. The presence of the sheriff or authorized officer of the court or quasi-judicial body is a must during the implementation of the decision or order.

h. In any case, where jurisdiction over the area is vested in another, the PNP unit rendering police assistance shall immediately turn over any arrested person to the nearest precinct/police station for investigation and proper disposition.

i. The PNP unit that rendered police assistance shall submit after activity, report to the Chief, PNP, RD, PRO, or PD, PPO, as the case may be, detailing therein the following: HTCIcE

i. The names and number of PNP personnel involved;

ii. The place, time and date, as well as the duration of the operation; and

iii. The acts performed and any intervening untoward incident, if there be any.

j. Copy of the after activity report shall also be submitted to the court or quasi-judicial body that requested for police assistance.

k. Video coverage shall be used as essential part of documentation and, as far as practicable, encourage the presence of the media.

l. Convene the Crisis Committee if need arises.

m. In case of doubt, consult your next higher commander on the ground.

V. Flow Chart: (Annexes "A" and "B")

VI. Penal Clause:

Any violation of this SOP shall be dealt with administratively as may be warranted by evidence. Unit commanders shall be included in the investigation under the principle of command responsibility. If evidence further warrants, criminal complaints shall also be filed against those who may have committed acts or omissions contrary to the Revised Penal Code or any special penal statutes. aHTcDA

VII. Repealing Clause:

Any issuance, memoranda, rules and regulations issued by the PNP inconsistent herewith are deemed repealed or amended accordingly.

VIII. Effectivity:

This SOP shall take effect fifteen (15) days from filing a copy thereof at the University of the Philippines Law Center in consonance with Sections 3 and 4, Chapter 2, Book VII of Executive Order No. 292, otherwise known as "The Revised Administrative Code of 1987".

(SGD.) AVELINO I. RAZON, JR.Police Director GeneralChief, PNP

ANNEX A

FLOWCHART ON THE STANDARD OPERATING PROCEDURES IN THE ENFORCEMENT OF FINAL DECISIONS OR ORDERS OF THE COURT IN CIVIL CASES, ORDERS OF OTHER GOVERNMENT AGENCIES IN THE EXERCISE OF THEIR QUASI-JUDICIAL FUNCTIONS, TO INCLUDE OTHER WRITTEN REQUESTS FOR POLICE

ANNEX B

SIMPLIFIED POLICE ACTIONS