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ARMED FORCES OF THE PHILIPPINES

HEADQUARTERS PHILIPPINE AIR FORCE
Col Jesus Villamor Air Base, Pasay City

AFPM 23 June 2009

STANDING OPERATING PROCEDURES

NUMBER 04 - 2009

RULES AND REGULATIONS ON THE HANDLING AND DISPOSITION OF PAF

PERSONNEL APPREHENDED, ARRESTED, AND CONFINED AT PAF
CUSTODIAL FACILITIES OR UNDER CUSTODIAL
INVESTIGATION THEREAT

1. GENERAL:

a. Reference: SOP Nr 12, GHQ, AFP dtd 03 November 2006,

Subject; Handling and Disposition of Persons Apprehended, Arrested, and Confined, or
Under Custodial Investigation Pursuant to Existing Laws, AFP Regulations and Article
of War 70.

b. Purpose:
This SOP implements the SOP Nr 12, GHQ, AFP, dtd 03
November 2006, Subject; Handling and Disposition of Persons Apprehended, Arrested,
and Confined, or Under Custodial Investigation Pursuant to Existing Laws, AFP
Regulations and Article of War 70. Sections 18 to 23 of the Manual for Courts-Martial
and AFPR G 131-091 dated 21 January 1954, Revised Penal Code of the Philippines,
Republic Act 7438 dated 27 April 1992, and the Bill of Rights as stipulated in the 1987
Constitution.

c. PAF Units with Custodial Facilities:

All PAF units with custodial facilities shall issue appropriate SOP to
conform with this policy and submit the same to this headquarters (Attn: AFPM) as
soon as possible.

d. Scope:
This policy applies to all PAF personnel subject to military law
under Articles of War and Section 1 of Presidential Decree 1850, as amended, and
civilians who were apprehended or arrested my military personnel in the course of or
during the conduct of military operations.

2. DEFINITION OF TERMS:

a. Accused – Any military personnel or civilian person who is charged

with a specific crime/offense.

b. Assisting Counsel – Assisting counsel is any lawyer, except those

directly affected by the case, those charged with conducting preliminary investigation of
those charged with the prosecution of crimes.

c. Custodial Investigation – shall include the practice of issuing an

invitation to a person who is investigated in connection with an offense he is suspected
of having committed, without prejudice to the liability of the investigating officer for any
violation of law.

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d. Detainee – Any person who is under detention or placed in

confinement by the military authorities pursuant to AW 70 while under investigation for a
crime or offense, and/or Citizen’s Arrest under the Rules of Court, Penal and Special
Laws.

e. Escort - A close-in security or accompanying guard either in

military or civilian clothes to secure any individual who is a prisoner, under detention, or
confinement by military authorities.

f. Immediate Member of the Family – Shall include his or her spouse,

fiancée or fiancé, parent or child, brother or sister, grandparent or grandchild, uncle or
aunt, nephew or niece, and guardian or ward.

g. Prisoner – Any person who is under the physical custody of the

military authorities while undergoing trial before or serving sentence by virtue of a final
judgment by any civil or military court.

h. Release – The discharge of prisoner or detainee from custody or

confinement.

i. Withdrawal – The authorized temporary release from a place of

confinement for the purpose of investigation, interrogation or hearing.

3. PROCEDURE:
a. Any person arrested, detained or under custodial investigation shall
at all times be assisted by counsel.

b. Any public officer or employee, or anyone acting under his order or

in his place, who arrests, detains, or investigates any person for the commission of an
offense shall inform the latter, in a language known to or understood by him, of his
rights to remain silent and to have competent and independent counsel, preferably of
his own choice, who shall be allowed to confer privately with the person arrested,
detained or under custodial investigation. If such person cannot afford his own counsel,
he must be provided with a competent and independent counsel by the investigating
officer.

c. The custodial investigation report shall be reduced to writing by the

investigating officer, provided that before such report is signed, or thumb-marked if the
person arrested or detained does not know how to read and write, it shall be read and
adequately explained to him by his counsel or by the assisting counsel provided by the
investigating officer in the language or dialect known to such arrested or detained
person, otherwise such investigation report shall be null and void and of no effect
whatsoever.

d. Any extra-judicial confession made by a person arrested, detained

or under custodial investigation shall be in writing and signed by such person in the
presence of his counsel or, in the latter’s absence, upon a valid waiver, and in the
presence of any of the parents, elder brothers and sisters, his spouse, the municipal
mayor, the municipal judge, district school supervisor, or priest or minister of the gospel
chosen by him; otherwise such extra-judicial confession shall be inadmissible as
evidence in any proceeding.

e. Any waiver by a person arrested or detained under the provision of

Article 125 of the Revised Penal Code, or under custodial investigation, shall be in
writing and signed by such person in the presence of his counsel; otherwise such
waiver shall be null and void and of no effect.

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f. Any person arrested or detained or under custodial investigation

shall be allowed visits by or conferences with any member of his family, or any medical
doctor or priest/person of religion/minister chosen by him or by any member of his
immediate family, or by his counsel, or by any national non-governmental organization
duly accredited by the Office of the President.

g. Transfer/Evacuation from one place of confinement/detention to

another:

1. Responsibility for the security or authorized transfer or

movement of prisoner or detainee from one place to another shall remain with the
custodian until duly received by another authorized custodian.

2. In all movements of a prisoner or detainee from one place or

detention/confinement to another, the official custodian thereof shall inform the
receiving unit/agency by the fastest means available, the number of prisoner or
detainee and escorts, expected time of arrival (ETA), and the means of transportation
used. This information shall be relayed at least 48 hours prior to ETA. Any change due
to unavoidable delays shall likewise be reported to the receiving unit/agency by the
custodian escort.

3. The appropriate unit within the Command shall be

responsible for any additional security and/or transportation requirement for prisoner or
detainee from the point of debarkation to the place of confinement/detention. The
former shall assume administrative control over the escorts after accounting and formal
turn-over of prisoner or detainee.

h. Security Measures:

1. Authority for Movement – Movement and transfer of prisoner

or detainee shall be made only upon written approval of the CSAFP, the CG, PAF or
their authorized representatives or competent court/ Investigating Board/Committee.
Such authority shall be carried by PAF escorts at all times.

2. Number of Guards/Escorts – As a general rule, the number

of guards/escorts must correspond to the number of prisoner(s) or detainee(s) to be
moved accompanied by a minimum of one (1) heavily armed squad lead by an officer.
Each detainee shall be cuffed together with each designated guard/escort.

3. Prior to movement, all guards/escorts shall be given detailed

instructions on their duties and responsibilities. When necessary, special instruction
shall be issued in writing.

4. Handcuffs, Thumb cuffs and Leg-irons – Prisoners or

detainees being moved shall be cuffed. When two or more prisoners or detainees are
transported, each must be secured to the other or in some instances, to their respective
escorts. In the absence of handcuffs or leg-irons, ropes and/or other expedients may
be used to secure the prisoner or detainee being moved. In no case shall a prisoner or
detainee be handcuffed to any part of the vehicle during transit from one place of
confinement to another.

5. Inspection of Prisoner or Detainee – Before transfer, all

prisoner(s) or detainee(s) shall be inspected and searched for dangerous weapons or
objects (pointed objects like ball pens, plastic knife, sharpened toothbrush handle, nylon
string/rope, plastic bag, muriatic acid, etc) which may be used for escape or self-
destruction.

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6. Prisoner or detainee shall not be allowed to talk to

unauthorized person, nor receive anything unless such item/article has been previously
inspected and cleared by the OIC of the guard/escort detail.

7. A prisoner or detainee shall at all times be escorted even in

private places such as Comfort Rooms, etc for personal necessity.

8. No prisoner or detainee shall be accepted for

confinement/detention without proper court/board/committee commitment order, unless
otherwise directed by the President, SND, CSAFP or the CG, PAF and/or their duly
designated representatives.

9. Arrest/Seizure:

a). In the case of military personnel arrested and articles

seized pursuant to AW 70 and where complaints/charges are to be filed with courts-
martial or civil courts, the apprehending unit shall turn-over to the base Provost Marshal
such person and/or evidence, except FAs and explosives which shall be deposited with
the base armory and or designated base explosive storage area/magazine.

b.) In the case of civilian arrested and articles seized

pursuant to existing laws, such persons and/or evidence shall be turned-over to the
nearest PNP unit or proper government agency that has jurisdiction over the alleged
offense within the obligatory period as provided by law.

10. The period of time provided under the Revised Penal Code
on arbitrary arrest/detention shall be strictly observed at all times.

11. The Office of the Air Judge Advocate or its counterpart in the
PAF bases shall be responsible in filing appropriate charges/cases in the Military or
Civil courts.

i. Appearance/Uniform:

1). Members of the Court Martial shall wear service blouse with
complete paraphernalia during the conduct of every trial/hearing.

2). A military prisoner or detainee shall wear Smart General

Office Uniform (SGOU) with complete paraphernalia during appearances/hearings
before the military or civilian courts.

3). During transport/transit from or towards the detention facility,

or every time a prisoner or a detainee is outside his detention area, he shall wear a
dark blue t-shirt with white bold marking at the center “PUC” (Person Under
Custody) in front and back of the shirt, in order to distinguish him from any other military
personnel or civilians around. He shall be given appropriate time, under close watch by
his designated guard/escort to change to proper military uniform (per para I (2) above)
upon arrival at the court premises.

4). A prisoner or detainee shall observe the standard military

grooming at all times.

j. Security in Transit:

1). Responsibility of the Guards – All members of the

guard/escort detail shall be responsible for the security of the prisoner or detainee while
in transit. The OIC of the guard/escort detail shall assign to each member his individual

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responsibility. They shall avoid familiarity with the prisoner or detainee.

2). General Instructions – Whenever possible, movement

and/or transfer of prisoner or detainee shall be made during daytime. During land
travel, should the travel benighted while enroute, they shall proceed to the nearest AFP
or PNP unit, or Provincial or City/Municipal Jail, whichever is most practicable, to spend
the night and resume movement the following morning. Precautions shall be taken at
all times especially at night to secure the prisoner or detainee and repel possible
surprise attacks from whoever may plot to liberate the prisoner(s) or detainee(s).

3). In case of motor trouble and accidents, the Wing/Base

Provost Marshal shall be notified by fastest means of communication available.
Nearest AFP or police units may be requested to render assistance.

k. Receiving a Prisoner or Detainee:

1). The post, camp or base commander or his authorized

representative shall receive a prisoner or detainee for detention/confinement upon
presentation of the required papers. The concerned Commander or his authorized
representative shall issue receipts for such persons, to include their personal effects. A
thorough strip search on each prisoner or detainee shall follow.

2). Each detainee or prisoner shall be required to fill up

personal data sheet, to include fingerprinting/photographing by authorized personnel.
These shall be contained in the Prisoner or Detainee’s Folder Record to be maintained
by the Custodial/Confinement Officer, incorporating among others personal
circumstances such as name of apprehending agency or unit, date and authority of
arrest and other appropriate remarks.

3). Medical examination shall be conducted on each of the

prisoner or detainee by the base hospital within the first 24 hours of detention.

l. Quartering:

1). A prisoner or detainee shall be provided with billeting space

available in the post, camp, base or station with beds and beddings.

2). Separate quarters, comfort rooms and bathrooms shall be

provided for male and female prisoner or detainee. All prisoners or detainees shall not
be allowed to keep within their quarters articles other than personal items like toilet
articles.

3). Suspected hard core rebels and those with subversive

leanings shall be further segregated from the others.

4). Extreme care shall be exercised in allowing a prisoner or

detainee to keep personal items that may be used against his/her guards, or for self-
destruction, like razor blades, etc.

m. Security and Control Inside Quarters:

1). Prisoners or detainees may be allowed to wear their own

clothes inside their quarters. Prisoners and detainees must be classified into three
categories:
a). Maximum Security
b). Medium Security
c). Minimum Security

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Moreover, each category or prisoners or detainees

should further be classified into two kinds:

a). Criminal Category

b). Ideological Category

2). Sleeping time (taps) shall be observed at 2200H and all

lights must be switched off except the perimeter security lights of the custodial facility
and the lights of the guards’ office, as necessary.

3). Bed check/head count shall be conducted at least once

between taps and reveille. If the need arises, prisoners/detainees shall be awakened
and requested to fall in line for accurate accounting and for the conduct of roll
call/muster.

4). Mails/parcels for or from prisoner, detainee and suspect,

shall be inspected or censored.

5). Daily inspection shall be conducted to check the cleanliness

and orderliness of prisoners’/detainees’ quarters. Custodial personnel may require
them to some cleaning within their premises.

6). No conjugal visitation inside the places of

detention/confinement shall be allowed.

n. Control of Visitors:

1). Visiting hours shall be observed from 0900H to 1200H, and

1400H to 1700H, daily.

2). Only immediate members of the prisoners’ or detainees’

family as defined in para 2(f) hereof, or any medical doctor, priest or religious minister,
or his counsel shall be allowed visitation.

3). All visitors shall be cleared in accordance with the AFP

and/or applicable camp rules and regulations. They shall be required to accomplish
visitor’s pass/information sheets (formal as prescribed) and made to sign in appropriate
log/visitor’s books. No article may be passed between visitors and prisoner or detainee
unless checked by the guard at the visitor’s room.

4). The time allotted for a group of visitors per prisoner or

detainee visited shall be limited within the visiting hours as provided in para 3n (1) of
this SOP. A group or set of visitors for each detainee shall, as much as possible, be
limited to five (5) persons only and the maximum number of a group visiting any time
shall not exceed ten (10).

5). Any or all visitors may be subjected to search before they

are allowed to visit. Refusal to be searched shall be a ground for denial of their visiting
privileges.

6). Visitors shall be entertained at the “Visitor’s Room” only, and

shall not be allowed to enter the prisoners’ or detainees’ sleeping quarters.

7). Any prisoner or detainee may be allowed visit by legal

counsel(s) within a reasonable hours of the day as may be appropriate.

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o. Messing:

1). Prisoners or detainees shall be given full mess in

accordance with the existing rate of subsistence allowance. The Custodial Unit shall be
responsible for the coordination, withdrawal, and preparation of prisoners’/detainees/
mess.

2). Messing time shall be prescribed as follows:

Breakfast - - - - - - - - - - - - - - - 0600H to 0800H

Lunch - - - - - - - - - - - - - - - - - 1100H to 1300H
Supper - - - - - - - - - - - - - - - - - 1700H to 1900H

p. Recreation and Welfare:

1). TV sets with or without video players, radios, electric fans

and other items for personal comfort of detainees may be allowed inside their quarters,
subject to the best judgment of the custodial officer.

2). Newspapers, magazine and other reading materials may be

made available in their day room quarters. Personal reading materials may be allowed
subject to the prescribed censorship.

3). The Base Chaplain or his authorized representative shall be

responsible for the spiritual and moral guidance and needs of the prisoners or
detainees.

4). Medical and dental care and check-up visits shall be

accorded to them by the CO, Base Hospital/Dental Clinic or their authorized
representatives from time to time.

5). Supervised physical conditioning shall be held at least once

a week within the premises of their confinement area, to be conducted by the
prisons/custodial officer.

6). Telephones, cellular/mobile phones, computers, laptops and

other similar electronic devices which are used as or has the capability to be used as
means of communication shall not be allowed inside the prisoner’s or detainee’s
billeting area. These items shall be surrendered for safekeeping to the custodial
officer/facility administrator.

7). A prisoner or detainee is not allowed any pet inside the

detention facility.

q. Withdrawal and Release of Prisoner/Detainee:

1). No PAF prisoner or detainee shall be withdrawn or released

without the written approval of the competent military authority, which may be:

a). For Officers – By the CSAFP or the CG, PAF or their

duly authorized representatives.

b). For Enlisted Personnel – By the Committing Authority

or Officer/Chief of Air Staff/ACofAS for Personnel, A-1 (for HSSG, HPAF cases) or their
counterpart in the lower Commands, Divisions and Wings located in PAF bases.

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2). The security of prisoner or detainee while going to and

returning from a place of investigation, interrogation, trial or elsewhere shall be the
responsibility of the custodian and/or escort elements. The security of the
detainee/prisoner while under investigation/interrogation/trial shall be the responsibility
of the base custodial officer. If a detainee is to be kept at the office of the investigators
for more than 24 hours, the approval of the CSAFP, the CG, PAF or their duly
authorized representatives shall be secured.

3). A prisoner or detainee whose release is directed by

competent authority shall sign a certificate that he has not been maltreated or otherwise
harmed or coerced during the period of his detention.

4). A prisoner or detainee who is granted temporary/conditional

release shall sign a certificate that he shall comply with all the conditions of the release
and that violation of such conditions shall subject him to further detention. He maybe
recalled for further investigation at anytime as circumstances may warrant.

5). A detainee placed under “house arrest” shall be provided

with adequate guards. He shall not leave his residence without the permission from the
competent authority that placed him under “house arrest”.

r. Leaves/Passes:

Leaves/Passes shall be allowed only on emergency case to Officer

on written authority of the CG, PAF. Passes for Enlisted Personnel shall be authorized
by the Chief of Air Staff/ACofAS for Personnel, A-1 (for HSSG, HPAF cases) or their
counterpart in the lower Commands, Divisions and Wings located in the PAF bases. It
shall be clearly indicated in the passes whether or not escorts shall be provided. For
purposes of this sub-paragraph the term “emergency” shall refer to death or serious
illness of the spouse or a relative within the second degree of consanguinity or affinity.
A detainee may also be allowed pass or leave if his wife is due to give birth. The
following conditions shall be strictly observed by the prisoner or detainee on pass:

1). He must not allow himself to be interviewed by media.

2). He must make his whereabouts/activities known to the

Leave/Pass approving authority (mentioned above); and

3). He should not engage in any activity inimical to the AFP and
to the country in general, or violate laws, rules and regulations while on pass/leave.

4. REPORTS:

a. A report showing the names, number, and status of prisoner or

detainees, duly categorized, shall be rendered every 15 th and the end of the month by
all PAF bases maintaining detention facilities of prisoner and detainees to the
Commanding General, PAF (Attn: Air Force Provost Marshal and A-1) indicating gains
and losses for the period.

b. The Command shall render a consolidated report of the prisoners

and/or detainees to the CSAFP (Attn: Air Force Provost Marshal and A-1) indicating
gains and losses for the period.

c. Individual records of prisoners or detainees, together with all

pertinent papers of released detainees will be forwarded to the Commanding General,
PAF, (Attn: AFPM/A-1) who shall in turn submit the same to the CSAFP (Attn: TPMG)
within five (5) days after release.

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5. RECISSION:

All other SOPs and instructions in conflict or inconsistent with the

provisions of this SOP are hereby rescinded or amended accordingly.

6. EFFECTIVITY: This SOP shall take effect upon publication.

BY COMMAND OF LIEUTENANT GENERAL RABENA:

OFFICIAL: JOVITO P GAMMAD

Major General, AFP
Chief of Air Staff

DANILO H PENAFIEL
Colonel, (PAF) GSC
Air Force Adjutant

DISTRIBUTION:
“A”

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