By Rowena F. Caronan
SIMPLE AND CLEAR protocols govern the conduct of men and women of the Philippine National Police assigned to escort and transport detainees under custodial investigation.
A fortnight ago, however, 11 custodial officials have become the subject of investigation by their superiors for alleged breach of protocols while in the company of detained Sen. Ramon “Bong” Revilla Jr.
The investigation was triggered by a photograph showing Revilla purportedly attending the 91st birthday celebration of his fellow detainee and senator Sen. Juan Ponce Enrile, on Feb. 14, 2015, inside the PNP General Hospital in Camp Crame, Quezon City.
A third detained senator, Jose “Jinggoy” Ejercito-Estrada, had also reportedly met with Enrile that day.
Prior to the supposed meeting, Revilla and Estrada had reportedly complained, separately but simultaneously. about having headaches. They were then brought to the emergency room of the PNP hospital, news reports said.
Revilla and Estrada are detained at the PNP Custodial Center, while Enrile had been placed under hospital arrest at the PNP General Hospital, for alleged misuse of pork-barrel funds.
The reported meeting of the three detained senators have apparently violated the Sandiganbayan’s order for custodians not to move or relocate them without court approval.
The incident may have also breached two of the nine protocols listed under Rule 20.3 of the Revised PNP Operational Procedures Manual notably:
a. If transported by a patrol jeep, the subject must be seated on the right rear seat and a PNP escort shall sit at the rear on the left side facing the subject. Hands of the subject should be secured by handcuffs under his knees.
b. If transported by a patrol car, subject must be seated on the right rear seat and the PNP escort personnel shall sit on the left rear seat. Hands of the subject should be secured by handcuffs under his knees.
c. In no case shall a Detention Prisoner be transported using public utility land vehicles that are not exclusively utilized for the purpose.
d. In no case shall a high-risk detention prisoner be transported without proper escort and handcuffs.
e. Female detainees shall be transported in handcuffs, preferably aided by a police woman.
f. In no case shall a detention prisoner be allowed out of the detention cell without proper escort.
g. Transport and escort of detention prisoner shall be limited only from the detention cell to the proper office for inquest, or court for hearing, or to the nearest hospital/clinic in case of the mandatory medical examination prior to detention or during actual medical emergency, or in court-permitted transport.
h. In no case shall a detention prisoner be allowed travel and escort outside the detention cell to places devoted for recreation, worship, entertainment, meals and dining and others of similar and analogous description, unless upon lawful orders of the court.
i. Detention prisoners shall as much as possible be transported wearing detention prisoner uniform or proper attire that may identify them as a detention prisoner.
The 11 custodial officials may face criminal and administrative charges, depending on the results of the investigation by the PNP Investigation and Detective Management.
Meanwhile, some sectors have revived calls for the transfer of the detained senators from the PNP Custodial Center to a regular jail run by the Bureau of Jail Management and Penology in Bicutan, Taguig City.
The BJMP was founded pursuant to Republic Act No. 6975 to be in charge of management and implementation of penology laws. In 2012, the BJMP had more than a thousand custodial and escort personnel handling over 18,000 detained persons in the National Capital Region.
In contrast, the detention of persons at the Custodial Center, a temporary penal facility, is permitted by the courts through a Commitment Order. The Center is in charge of providing safety to and preventing escape of arrested suspects. – PCIJ, March 2015