Lecture 9 - Persons Under Police Custody (PUPC)

6.
4 Custodial Investigation (Continuation)
b. Persons Under Police Custody (PUPC)

The following are the policies and procedures for the admission,
visitation, transfer, and release of Persons Under Police Custody
(PUPC) (PNP Memorandum Circular 2018-027):
1) Admission
The pertinent data of the PUPC shall be encoded in the e-Rogues
and other NGIS as applicable.
The following can be detained/admitted in PNP custodial
facilities:
a) Accused covered by a Warrant of Arrest or a Commitment
Order issued by the court; and
b) Arrested suspects who are under custodial investigation.
However, under no circumstances should the arrested
suspects under custodial investigation be held in custodial
facilities beyond the prescribed reglementary period, unless,
while in custody, appropriate charges have been filed and a
Commitment Order has been issued by the court concerned
or he/she signed the required waiver of the rights under the
provisions of Article 125 of the RPC.
2) Requirements for Admission

In situations where the arresting police unit has no existing
custodial facility, they may request admission of the PUPC to
another police unit, provided that they submit the following
mandatory requirements:
a) Request for custody or Commitment Order;
b) Proof of medical examination or medical certificate of the
PUPC; and
c) Case folder of the PUPC containing, among others, the
accomplished booking sheet.
3) Segregation of PUPC
Segregation according to gender and classification of crimes
committed by PUPC shall be observed.
4) Visitation
Visitorial rights of a PUPC shall be subject to the following
conditions:
a) Security rules and regulations of the facility such as but
not limited to:
(1) The number of visitors at any given time;
(2) Non-wearing of similar color with the PUPC’s
uniform; and
(3) Prohibition on the use or possession of cameras,
video equipment, cellular phones, and similar devices.
b) Presentation of public and/or pertinent documents to
prove relationship;
c) Prohibition of conjugal visits.
5) Transfer of Custody
a) Upon receipt of the Commitment Order from the court,
the Chief, Custodial Facility shall coordinate with the issuing
court to ascertain the validity of the order. Upon
confirmation, he/she must coordinate with the receiving
detention facility for the immediate transfer of custody; and
b) Prior to the transfer, the PUPC shall be subjected to
medical examination by a PNP medical officer or, in his/her
absence, any government physician.
6) Release
a) The Chief, Custodial Facility shall be the sole approving
authority in releasing the PUPC.
b) Upon receipt of the Release Order from the court, the
Chief, Custodial Facility shall coordinate with the issuing
court to ascertain the validity of the order. Upon
confirmation, he/she must coordinate with the arresting
unit if there are other legal impediments to the release.
c) The Chief, Custodial Facility shall likewise check from the
PNP e-Warrant System to determine if the PUPC to be
released has other pending warrants of arrest.
d) If there are valid grounds for continuous detention, the
Chief, Custodial Facility shall inform and coordinate with the
court that issued the release order immediately or within
five days from notice.
e) Prior to the official release of the PUPC, he/she must
undergo another medical examination at any PNP Health
Service unit or Rural Health Unit.
f) The Chief, Custodial Facility shall coordinate with the
arresting officer for the release of all the properties seized
from the PUPC, except for those items still being used as
evidence and those forfeited in favor of the government.
c. Transporting of PUPC
1) The PUPC must be properly escorted and handcuffed at
all times and seated/positioned in the vehicle in a manner
that prevents his/ her escape and denies him/her the
opportunity to endanger the lives of PNP personnel. Female
PUPC shall be escorted by a policewoman;
2) The transport of PUPC shall be done using official PNP
vehicles. Other vehicles may be utilized subject to the
approval of the head of the concerned unit;
3) PUPCs shall as much as possible be transported wearing
PUPC’s uniform or proper attire that may identify them as
PUPCs;
4) Transport of PUPC shall be limited only to the following:
a) To the proper office for inquest, or court for hearing;
b) To the nearest hospital/clinic in case of a mandatory
medical examination or during actual medical
emergency;
c) To the designated evacuation area exclusive for
PUPCs during a crisis situation;
d) During court-permitted transport; and
e) Other analogous circumstances

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6.

4 Custodial Investigation (Continuation)

b. Persons Under Police Custody (PUPC)

2) Requirements for Admission

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