Procedures in the Creation and Activation of Special Investigation Task Group to Handle Heinous and Sensational Crimes

January 26, 2011

PNP STANDARD OPERATING PROCEDURE NO. 02-11

PROCEDURES IN THE CREATION AND ACTIVATION OF SPECIAL INVESTIGATION TASK GROUP (SITG) TO HANDLE HEINOUS AND SENSATIONAL CRIMES

1. References:

a. PNP Criminal Investigation Manual (Revised) 2010; aETADI

b. PNP Operational Procedure (Revised) March 2010;

c. Guidelines and Procedures Pertaining to Violence Against Politicians, Elected Government Officials dated May 20, 2009;

d. Addendum to Guidelines and Procedures Pertaining to Violence Against Politicians/Elected Government Officials dated June 2, 2009;

e. LOI 01/06 "TF Judges, Prosecutors and IBP Lawyers" dated April 28, 2006;

f. LOI "Task Force USIG" dated August 20, 2008;

g. Conduct of Investigation of Media and Militant Killings by SITG dated July 15, 2010;

h. Executive Order 226 dated February 17, 1995 "Institutionalization of the Doctrine of Command Responsibility . . . at all levels of the PNP . . ."; and

i. NAPOLCOM Memorandum Circular Nr. 2007-001 "Uniform Rules of Procedure before the Administrative Authorities and the Internal Affairs Service of the Philippine National Police" dated March 6, 2007.

2. Purposes:

This SOP sets forth the procedures in the creation and activation of SITG in order to:

a. Harmonize the seemingly overlapping and confusing provisions of different LOIs, directives and other issuances pertaining to investigation of heinous and sensational crimes, and creation of SITG;

b. Strengthen and synchronize the coordinative mechanism of concerned PNP offices/units in the investigation, monitoring and prosecution of heinous and sensational cases being handled by the PNP;

c. Define functions and pinpoint responsibilities among tasked units/offices, and to institute disciplinary actions in accordance with the Doctrine of Command Responsibility, rules and regulations, and other issuances; and ITCHSa

d. Reinforce the PNP Criminal Investigation Manual, PNP Operational Procedures and other investigative references identifying the flow of coordination, responsibility and response on the investigation of cases.

3. Mission:

The SITG shall spearhead and coordinate the investigative and prosecutorial efforts of the PNP to facilitate the speedy resolution and successful prosecution of heinous/sensational cases, and eventual conviction of the perpetrators.

4. Definition of Terms:

The following terms used in this SOP shall be understood to refer as follows:

a SITG — refers to the Special Investigation Task Group created whenever a major case or crime of violence occurs. It shall be organized either at the regional or provincial/city police office, or at the highly urbanized cities depending on how sensational or heinous the crime was, and/or upon order/direction of the C, PNP;

b. Politicians — are persons involved in influencing public policy and decision making. These include people who hold decision-making positions in the government, and people who seek those positions, whether by means of election, appointment and other means. They may be former/incumbent elected government officials down to barangay councilors;

c. Elected Government Official — refers to incumbent elected government official down to barangay councilor;

d. Witness — any person who has personal knowledge of the crime or violence committed against politicians/elected government officials/government officials appointed by the President, militants, media practitioners, judges, prosecutors, lawyers, and other victims. Such person may be admitted to the Witness Protection Program of the government;

e. Informant — any person who furnishes information directly leading to or proximately resulting in the capture, neutralization or surrender of persons who are suspects/accused in the commission of crimes; TDSICH

f. Heinous/Violent Crimes — refer to crimes directed against politicians, elected government officials, government officials appointed by the President, judges, prosecutors, IBP lawyers, media practitioners, militant party list members/leftist activists, foreign nationals, and other persons through shooting, bombing, strafing, assault, and other violent overt acts resulting in their death or incapacitation; and

g. Sensational Crimes — refer to crimes directed against politicians, elected government officials, government officials appointed by the President, judges, prosecutors, IBP lawyers, media practitioners, militant party list members/leftist activists, foreign nationals, and other persons through shooting, bombing, strafing, assault, and other violent overt acts resulting in their death or incapacitation that attract national/international public attention/scrutiny.

5. Policies:

a. Institution of Command Responsibility at all levels of the organization shall be highly observed. As such, the respective commanders/supervisors in whose areas of jurisdiction the heinous/sensational crimes transpired are expected to personally and effectively manage their organizations by closely monitoring, supervising, directing, coordinating, and controlling the overall activities of their subordinates within their areas of jurisdiction. Hence, it shall be the policy of the PNP to empower all unit/office commanders to fully exercise their authority;

b. Whenever a heinous or sensational crime transpires, SITG shall be immediately organized and be headed by the concerned District Director/Provincial Director/City Director or the Regional Director depending on the gravity of the incident and discretion of the C, PNP;

c. It shall be the responsibility of every established SITG to properly manage the assigned case and ensure its resolution by applying the best investigative techniques/practices and utilizing all its available resources.

6. Organizational Procedures:

a. Whenever a serious crime happened, the concerned Chief of Police (COP) or Station Commander shall immediately assess the situation and communicate to the DD/PD/CD the attendant circumstances and its updates which will be the basis of the DD/PD/CD for recommending to the RD whether or not there is a need to activate a SITG; aTcIAS

b. Concerned COP or Station Commander shall base his/her assessment and recommendation on the report of the first responders and his assigned investigator-on-case. If the crime or the case can be easily resolved at CPS/MPS/Station level such that suspects were immediately arrested, immediate recovery of pieces of evidence directly linking the suspects from the crime was undertaken, and eye witnesses are readily available, the creation of SITG becomes unnecessary. Otherwise, a District/PPO/CPO level SITG shall be organized which shall take cognizance of the investigation of heinous and sensational cases initially investigated by the City/Municipal/NCRPO numbered Police Stations;

c. The Regional Director (RD) shall issue orders organizing the District/PPO/CPO SITG indicating specifically the ranks and names of its personnel complement. It shall be headed by the territorial commander such as the District Director/Provincial Director/City Director of concerned NCRPO District/PPO/CPO;

1) The SITG shall be composed of Investigation Team, Case Record Team, Technical/Legal Support Team, and Admin/Logistics Team.

2) The Case Record Team shall be headed by the Chief of Investigation and Detective Management Division/Branch/Section who shall be at the same time the Case Record Officer.

3) The Investigator-on-Case who is part of the Investigation Team shall gather and prepare relevant documents for filing of appropriate case(s) in court, liaison with other law enforcement agencies/government agencies, NGOs/NGAs, and other persons or entities which could possibly help the SITG in the resolution of the case. The investigator-on-case shall also be the Evidence Custodian, except for pieces of evidence which need to be submitted to Crime Laboratory, the Courts, and other technical agencies for technical examination and analysis.

4) In cases where the designated Commander or members of the SITG cannot effectively comply with the operational requirements, and/or has "perceived biases" of any kind, the RD shall immediately reorganize the said SITG and designate other officers who are more capable to accomplish the job. aEDCSI

d. The C, PNP may direct/task any operational support unit of the PNP to assist in the investigation of a particular case. Likewise, he may also reorganize the SITG as he deems it necessary; and

e. The SITG shall be deactivated upon the solution of the particular case being investigated by the SITG. Solution of the case shall mean the filing of appropriate case in court and arrest of the perpetrator(s).

7. Operational Procedures:

The following are the operational procedures to be undertaken by the SITG pertaining to investigations of all heinous/sensational crimes:

a. Investigation starts from the arrival of the first responder on the ground who shall perform the important tasks as enumerated in the 2010 Revised PNP Criminal Investigation Manual, Chapter I, Protocol 3;

b. Aside from the usual investigative procedures, the SITG shall immediately validate and confirm the affiliations of the victims, conduct press releases on a daily basis and establish an On-Scene Command Post (OSCP) by putting up a tent or similar structures or deploying a Mobile Investigation Van (if available) at/or near the crime scene. The SITG Commander or his authorized PCO who is also a member of the SITG must be present/available in the OSCP at all times;

c. The OSCP shall be maintained for as long as necessary and shall only be deactivated or transferred with the clearance and approval from higher authority;

d. The OSCP shall be utilized by the SITG to conduct on-scene or on-the-ground investigation. The tent or van of the OSCP shall be marked appropriately as "PNP On-Scene Command Post" and shall also be posted with the mobile phone or contact numbers of the SITG Commander, Assistant Commander and the Investigator-on-Case;

e. The Police Station which has jurisdiction over the area shall be utilized as alternate OSCP of the SITG; CTHDcS 

f. Follow-up actions and efforts must be undertaken so as to:

1) Give special focus to ascertaining/establishing motive;

2) Effectively conduct profiling of victims, suspects and witnesses;

3) Proficiently link/matrix analysis and exploit evidence information; and

4) Hold paramount the convenience of witnesses when requesting for their testimonial evidence.

g. The SITG Commander supported by the Investigation Team, Technical Teams, and Case Record Officer shall take notice, prepare, and observe the following: (Part IV, Draft Field Manual on Investigation, Chapter 9-13)

1) The Investigation Management System which consists of evidence matrix, resource spreadsheet, standard tactical plan, and major investigation plan;

2) The Standard Tactical Plan must be prepared and shall be in the following format (Six Point Plan):Situation, Mission, Execution, Contingency, Administration and Logistics, Command, and Communication (SMECAC);

3) The Major Investigation Plan which is a strategic planning tool and based on SMECAC principle shall also be prepared. It shall be in the following format: Situation, Mission, Execution, Administration and Logistics, Command, and Communication (SMEAC);

4) Prepare the Crime matrix template which is necessary in the conduct of crime analysis. It can come in tandem with the evidence and resource matrix of the investigation plan;

5) Surveillance must also be done to assess and take decision on competencies needed and allocation of resources. The surveillance operations may be in the form of in-door or out-door; SHTaID

6) Strengthen the coordinative mechanism in order to:

a) Strictly observe the chain of custody of evidence and flow of communications; and

b) Develop and resolve the issues under investigation through case conference with DOJ and other concerned agencies.

7) Initiate case build-up and follow-up investigation;

8) Consolidate all the forensic results, testimonial documents and investigation reports as well as the compliances of the members of SITG;

9) Initiates the crime matrix analysis in coordination with all members of SITG;

10) Initiates the preparation of case folder with the assistance of other members of SITG;

11) File the case folder before the court of proper jurisdiction;

12) Conduct case review (internal/external) to be done by senior investigators or detectives. It can be seen as a form of risk management that seeks to apply the principle of system audit to reduce recurrence of typical errors. Case reviews shall be in the form of: Informal "Golden Hour" Review (at the early stage of the investigation), Self Inspection (Self-completion of a short pro forma to provide prompt actions and highlight emerging problems),28-Day Progress Review (assure quality and assist investigators identify investigative opportunities to advance the inquiry),Concluding Reviews (provide overview),Case Development Reviews (Cold Case Review), Detective Case Review (review of their sample solved cases and learn best practices),and Thematic Review (focus upon specific issue);

13) All the case folders including pertinent documents must be kept by the case record officers, with copies furnished the evidence custodian of the local police station; HIAcCD

14) In case the investigator in-charge is dismissed or retired or separated from the service, all remaining members of investigation team shall be responsible for the court presentation of the case; and

15) Conduct case tracking until the final disposition of the case.

h. All concerned PNP units are enjoined to exert extra efforts in order to identify, locate or cause the identification and arrest of the culprit(s):

1) They shall immediately organize a dedicated TRACKER TEAM to pursue a particular target personality suspect.

2) They shall enhance information gathering and intelligence build-up for the identification and apprehension of the suspect.

3) They shall work in close coordination with the NBI, DOJ, and all other law enforcement agencies, as necessary.

4) They shall prepare posters of wanted personalities especially those covered with rewards. Rogue galleries at the city and municipal levels shall also be prepared for this purpose.

i. While the tasked units shall operate on existing logistical and financial allocations, Regional Directors shall also provide logistical and financial support to SITG.

j. SITG Commander shall likewise submit case folder and regular progress reports to C, PNP through TDIDM indicating therein the results of their investigation and the updates of the case for consolidation and immediate reference.

8. Composition and Organization of SITG:

a. Regional Level (To investigate killings and violence committed against Senators, Congressmen, Governors, Cabinet Secretaries, Undersecretaries, and SC and CA Justices)

SITG Comdr.	—	Regional Director
Asst. Comdr.	—	DD/PD, PPO/CD, CPO
Spokesperson	—	Chief, Regional PIO
Members	—	Chief, RCIDU (Head of Investigation Team)
	—	Chief, Regional Intelligence Office
	—	Chief, Regional Legal Office
	—	Chief, Regional Crime Laboratory
	—	COP, CPS/MPS/Station Cmdr.
	—	C, RIDMD (Inter Agency Coordinator and Case
		Record Officer)
	—	Investigator-on-Case (Evidence Custodian)

 

b. District/PPO/CPO Level (Killings and violence committed against Vice Governors, Provincial Board Members, Mayors, Vice Mayors, City/Municipal Councilors, Barangay Chairman and Kagawad, Judges, Prosecutors & IBP lawyers, militants, media practitioners, foreign nationals)

SITG Supervisor	—	Deputy Regional Director for Operations (DRDO)
SITG Comdr.	—	DO/PD, PPO/CD, CPO
Asst. Comdr.	—	PO/Field Officer, CIDT (Head of Investigation Team)
Spokesperson	—	Chief, PIO (District/PPO/CPO)
Members	—	Provincial/City Legal Officer
	—	Provincial/City Intelligence Officer
	—	Chief, Provincial Crime Lab
	—	TL, RIO
	—	Chief, PIDMB/CIDMB (Inter Agency Coordinator and
		Case Record Officer)
		Investigator-on-Case (Evidence Custodian)

9. Penal Clause:

Any violation of this SOP shall be dealt with administratively for Neglect of Duty or Nonfeasance under Section 1, RULE 21 of NAPOLCOM MEMORANDUM CIRCULAR 2007-001 and/or be held liable under the PNP Rules and Regulations. Unit commanders shall be investigated and be held accountable under the Principle of Command Responsibility. Likewise, criminal complaints shall be filed against those who commit acts or omissions punishable under the Revised Penal Code or Special Laws.

10. Repealing Clause:

All directives, Letter of Instructions, memoranda, rules and regulations and other issuances issued by the PNP inconsistent or contrary herewith are deemed rescinded, modified, repealed or amended accordingly.

11. Effectivity:

This SOP shall take effect immediately upon approval. HATEDC

 

(SGD.) ATTY. RAUL M. BACALZO, Ph.D.Police Director General