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    Legal Comment Restrictive Custody

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    Calderón Gutiérrez Marlón Pówan
    This memorandum summarizes a request to place a police officer under restrictive custody while administrative and criminal cases are pending against him. It denies the request because provincial directors do not have the authority to issue restrictive custody orders under the relevant guidelines. The guidelines state that only the Chief PNP or those he delegates authority to, such as regional directors, may place officers under restrictive custody. It recommends requesting the regional director make a recommendation to the Chief PNP instead.

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    Legal Comment Restrictive Custody

    Uploaded by

    Calderón Gutiérrez Marlón Pówan
    1K views2 pages
    This memorandum summarizes a request to place a police officer under restrictive custody while administrative and criminal cases are pending against him. It denies the request because provincial directors do not have the authority to issue restrictive custody orders under the relevant guidelines. The guidelines state that only the Chief PNP or those he delegates authority to, such as regional directors, may place officers under restrictive custody. It recommends requesting the regional director make a recommendation to the Chief PNP instead.

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    Legal-Comment-Restrictive-Custody (1)

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    This memorandum summarizes a request to place a police officer under restrictive custody while administrative and criminal cases are pending against him. It denies the request because provincial directors do not have the authority to issue restrictive custody orders under the relevant guidelines. The guidelines state that only the Chief PNP or those he delegates authority to, such as regional directors, may place officers under restrictive custody. It recommends requesting the regional director make a recommendation to the Chief PNP instead.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    1K views2 pages

    Legal Comment Restrictive Custody

    Uploaded by

    Calderón Gutiérrez Marlón Pówan
    This memorandum summarizes a request to place a police officer under restrictive custody while administrative and criminal cases are pending against him. It denies the request because provincial directors do not have the authority to issue restrictive custody orders under the relevant guidelines. The guidelines state that only the Chief PNP or those he delegates authority to, such as regional directors, may place officers under restrictive custody. It recommends requesting the regional director make a recommendation to the Chief PNP instead.

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    Republic of the Philippines

    National Police Commission


    BULACAN POLICE PROVINCIAL OFFICE
    PROVINCIAL LEGAL OFFICE
    Camp General Alejo S. Santos, City of Malolos, Bulacan

    MEMORANDUM

    FOR : THE PROVINCIAL DIRECTOR

    FROM : C, PLO

    SUBJECT : Request for Legal Comment on Request for


    Restrictive Custody of Pat Reyniel Joseph
    C Berges
    DATE : July 25, 2022
    ---------------------------------------------------------------------------------------------------------------

    1. References:

    a. Routing Slip with subject Request for Restrictive Custody of


    Pat Reyniel Joseph Cayanan Berges;
    b. Memo from Chief PARMU with subject Request for
    Restrictive Custody be imposed against Pat Reyniel Joseph
    Cayanan Berges during the pendency of his Administrative
    and Criminal Cases dated July 22, 2022; and
    c. Memorandum from Acting Chief PIU with subject Request
    for Restrictive Custody be imposed against Pat Reyniel
    Joseph Cayanan Berges during the pendency of his
    Administrative and Criminal Charge dated July 22, 2022

    2. This pertains to the request of Acting Chief PIU to place Pat


    Reyniel Joseph Cayanan Berges of SJDM CPS under Restrictive Custody
    pursuant to NAPOLCOM MC 2016-002, while his Criminal Complaint for
    violation of Art. 293 under RPC (Robbery) and an administrative complaint
    initiated before the PIDMU for Grave Misconduct are pending.

    3. After careful review of the relevant rules and regulations


    regarding restrictive custody of PNP personnel, the undersigned is of the
    opinion that we should deny the request.

    4. Under PNP Memorandum Circular 2017-023 entitled “Policy on


    Police Personnel Under Restrictive Custody as a Preventive Measure and
    Providing Guidelines in the Implementation thereof”:

    The Chief PNP shall have the authority to place police personnel under
    restrictive custody during the pendency of a grave administrative case
    filed against him/her or even after the filing of a criminal complaint,
    grave in nature, against such police personnel. The said authority may
    be delegated by him to the Regional Director or Director of the NSU
    having jurisdiction over the subject police personnel.

    The Chief PNP may also approve recommendations from the Regional
    Directors or Directors of NSUs to place concerned PNP personnel
    under restrictive custody.

    5. The foregoing guidelines do not give authority to the Provincial


    Directors to issue an order on restrictive custody of police personnel. Thus,
    we must deny the request. We may, however, further request the Regional
    Director to recommend the subject personnel for restrictive custody to the
    Chief PNP.

    6. Respectfully submitted.

    ATTY. DANGAL P MASIGLA


    Police Lieutenant Colonel

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