Republic of the Philippines NATIONAL POLICE …didm.pnp.gov.ph/Standard Operating...

Republic of the PhilippinesDepartment of the Interior and Local Government

NATIONAL POLICE COMMISSIONNATIONAL HEADQUARTERS, PHILIPPINE NATIONAL POLICE

OFFICE OF THE CHIEF, PNPCamp Crame, Quezon City

DEe 0 6 2012Standard Operating ProcedureNumber 2012- 00+

SOP ON RECOVERED PERSONAL EFFECTS OF VICTIMS

1. REFERENCES:

a. Revised PNP Criminal Investigation Manual; andb. Revised Rules of Criminal Procedure.

2. PURPOSE:

This SOP sets forth the guidelines in the chain of custody of seized/recoveredevidence and the presentation of the same to the prosecutor's office or court when sorequired.

3. SCOPE OF APPLICATION:

This SOP applies to all properties seized/recovered during police operationsor surrendered in relation to a crime/complaint and provides the procedures to beobserved by all PNP units as well as the reports/documents to be prepared in relationthereto.

4. DEFINITION OF TERMS:

The following terms are defined for a better understanding of this SOP:

a. Complaint - an accusation in writing, charging a person for thecommission of an offense.

b. Crime Scene - a venue or place where the alleged crime has beencommitted.

c. Chain of Custody - refers to the chronological documentation or papertrail, showing the seizures, custody, control, transfer, analysis anddisposition of evidence, physical or electronic.

d. Crime Scene Investigation (CSI) - is a comprehensive inquiry of acrime by conducting systematic procedure of various investigativemethodologies which involves recovery of physical and testimonialevidence for the purpose of identifying the witnesses, and arresting ofperpetrator(s) for prosecution.

e. Documentation - for purposes of this SOP shall mean to include theconditions under which the evidence is gathered, the identity of all theevidence handlers, duration of evidence custody, security conditionswhile handling or storing the evidence and the manner in which evidenceis transferred to subsequent custodians each time such a transferoccurs.

1CEmFICATE UUMIERAJA1WlIU145Z

"To Serve and Protect. "

f. Evidence - is the means sanctioned by the Rules of Court, ofascertaining in a judicial proceeding the truth respecting a matter of fact.These include but are not limited to documentary, testimonial, electronicand object evidence, gathered in the course of the investigation.

g. Evidence Custodian - refers to a police personnel who is charged withthe duty of receiving, recording and safekeeping of all seized/recoveredevidence pending its proper disposition.

i. Forensic Evidence - refers to the physical evidence that is taken fromthe scene of the crime and analyzed using scientific methods to aid theinvestigators in solving a case. It also refers to evidence which may beaddressed to the senses of the court with the use of forensic sciences toelucidate a case.

j. Investigator- On-Case (IOC)/Duty Investigator - shall refer to any PNPpersonnel who is duly designated or assigned to conduct the inquiry ofthe crime by following a systematic set of procedures and methodologiesfor the purpose of identifying witnesses, recovering evidence andarresting and prosecuting the perpetrators. The IOC shall assume fullresponsibility over the crime scene during the conduct of CSI.

5. PROCEDURE ON DOCUMENTATION:

The following procedures and guidelines shall be strictly observed:

a. All evidence recovered in the crime scene must be properly documented,photographed and properly turned over to the evidence custodian (Annex"A"). The detailed receipt showing the inventory of the evidence must beproperly acknowledged and signed by the evidence custodian (Annex"0"). In case of motor vehicles, there must be Technical Inspection andInventory Report to be incorporated in the records (Annex "C");

b. The investigator-on-case/duty investigator must exhaust all efforts todetermine the relevance and materiality of the evidence recovered.During the preparation of the case, the picture/pictures of the evidencemust be incorporated in the case folder. All angles/sides of theseized/recovered evidence must be photographed;

c. Personal properties seized/recovered which were not used as evidencemust be returned to the person from whom the property/propertieswas/were taken with proper documentation. If the property is to be usedas evidence, the possessor must be properly apprised on the dispositionof the property;

d. The investigator-on-case/duty investigator must prepare a letter request instandard form (Annex "E") for the release of the personal propertyseized/recovered as evidence addressed to the prosecutor to be signedby the owner. The investigator must also move and manifest hisacquiesce for the release of the seized evidence in favor of the ownerfrom whom the property was taken. He must state among others, that thephotographs of the property will be presented as evidence when same isdirected to be presented in court;

e. Upon approval of the prosecutor/judge of the motion for the release ofproperty, the evidence custodian must without delay, release the

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property/evidence ordered to be released. The owner must acknowledgein writing the receipt of the property/evidence as ordered by theprosecutor/judge under the condition that when the court, in the futureshall demand its production, he/she shall comply without delay. Further,he/she must state that he/she does not have any complaint on the statusof the property being returned. If there be any, said complaint must beplaced in writing on the space provided for in the acknowledgment receiptprepared (Annex "F");

f. If the evidence sought to be released contain vital information such ascomputer records, call logs, messages and other electronic recordswherein the preservation of the original records are needed during theprosecution of the case, the owner should be properly apprised on thenecessity of the subject evidence to remain under the control and custodyof the evidence custodian or the prosecutor/court; and

g. The turnover of the evidence must be witnessed by any partyaccompanying the owner. Photograph the turnover of the property.Incorporate the photo and the receipt in the records of the case.

6. FLOW CHART

See Annex "H" on the Chain of Custody of Seized/RecoveredProperty/Evidence.

7. PENAL CLAUSE

Any violation of this SOP shall be dealt with administratively. All UnitCommanders shall be investigated under the principle of Command Responsibility. Ifevidence warrants, criminal complaints shall also be filed against those who may havecommitted acts or omissions in violation of the Revised Penal Code or any special law.

8. REPEALING CLAUSE

Any issuance, memoranda, rules and regulations issued by the PNPinconsistent herewith are deemed repealed or amended accordingly.

9. EFFECTIVITY

This SOP shall take effect fifteen (15) days from filing a copy thereof at theUniversity of the Philippines Law Center in consonance with Sections 3 and 4, Chapter2, Book VII of Executive Order No. 292, otherwise known as "The RevisedAdministrative Code of 1987".

NICANOR A.~OLOME. CSEEPolice DirectJ~~:n:(ralChief, PNP

CPNP Ltr'12 5051391

III I11I1I III II1I1 I11I111 III111111111111111111S051391

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... '.

Annexes:

"A" - Sample Format Inventory Sheet/Receipt for Property/Goods Recovered"8" - Sample Format Impounding Receipt"C" - Sample Format Technical Inspection and Inventory Report"0" - Sample Format Turn-over Receipt (to the Evidence Custodian)"E" - Sample Format Turn-over Receipt from Investigator to SOCO Team

Leader"F" - Sample Format Letter Request for Property Release

by Victim/Complainant"G" - Sample Format Letter Request for Property Release (by Office Head/

Investigator)"H" - Sample Format Acknowledgment Receipt (by Victim/Complainant)" I " - Sample Format Order of Release (Release from the Prosecutor/Court)"J" - Sample Format Chain of Custody of Recovered Property/Evidence

Distribution:

D-StaffAll RDs, PROsAll Directors, NSUs

Cc: Command Group

4 CERnACATE NUMIERAJ.Id crAMM451:

"To S('/1'1' and Protect. t/

v . 1

Annex "A"- Sample Format Inventory Sheet/Receipt for Property/GoodsSeized/Recove red


PHILIPPINE NATIONAL POLICE

Date: _

INVENTORY SHEET/RECEIPT FOR PROPERTY / GOODSSEIZED/ RECOVERED

Inventory Sheet of article/items seized/recovered from thepremise/establishment of located at

by virtue of

ITEMS/ARTICLES QUANTITY/UNITS

(Description of the Property/Properties)

(Seizing Officer)

Witnessed by:

Signature Over Printed Name

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.',

, .Annex "8"- Sample Format Impounding Receipt of Motor Vehicle



Date:-------

IMPOUNDING RECEIPT OF MOTOR VEHICLE

Description of Motor Vehicle

Make/Type

Chassis No.

Motor No.

Plate No.

Color

CR/OR NO.

LTO File No. : _

RegisteredOwner

Address

VIOLATIONS:1. _

2. _

3. _

Subject MV was apprehended by Anti-Carnapping operatives ofthis office for violation/s as stated above on at--------about along the vicinity of andsame was brought to forsafekeeping subject for the investigation/verification and properdisposition.

Note: Subject MV shall only be released upon presentation of itspertinent original documents and upon notation/approval of theHead of Office.

Conformed: Apprehending Officers:

Team LeaderOwner/Driver/Possessor

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, ..

Annex "D"- Sample Format of Turn-Over Receipt

HEADING(UNIT)

(Date)

TURN-OVER RECEIPT

Case: -------------------

ITEMS/ARTICLES QUANTITY/UNIT

(Description of the Properties)

Name and Signature of Seizing Officer)

I hereby certify that the above described properties were received in goodcondition appearing on the pictures as presented on this _ day of

Received by:

Name and Signature of Evidence Custodian

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> .,-

"

Annex !IF" - Sample Format of Letter Request for Property ReleaseBy Victim/Complainant

Date

(Inside addressee)

Dear Sir,

May I respectfully request your good office for the intercession to cause therelease of the property/properties described below. ThisfThese is/are the subject of(case like robbery or theft) which transpired on at _



I am the owner of the above described property/properties which was/wereunlawfully taken from me by the suspects on the said date at place of occurrence of theoffense. As a proof of ownership on the above described property/properties, I ampresenting the (receipts or any proof.)

Respectfully yours,

(Owner)

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- ,t.:.,.

Annex "G" - Sample Format of Letter Request for Property ReleaseBy Office Headllnvestigator

HEADING

The Honorable (State/City Prosecutor)

Respectfully forwarded to the Office of the City/State Prosecutor the hereinrequest of the private complainant for the release of the property/properties describedbelow being the owner thereof.


(Description of Property/Properties)

The (Office of the Recovering Unit/Office) interposes no objection for the releaseof the above described property/properties provided when the need arises thatthis/these will be ordered to be physically presented, the owner undertakes the fullresponsibility in presenting the same.

It is further recommended that the pictures of the property attached herein beconsidered as the substitute evidence in lieu of the actual property/properties.

For your consideration.

(Name and Signature of theHead of Office/ Chief Investigation)

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" .

Annex "H" - Sample Format Acknowledgment ReceiptBy Victim/Complainant

Heading

(Date)

ACKNOWLEDGMENT RECEIPT

The undersigned acknowledge to have received the above property/ properties ingood condition and have no complaint whatsoever in nature.



(Name and signature of the owner)

(If there is complaint)

Example:

1. The battery/tire of the car was damaged.2. Ceiiphone memory card missing.3. Others.

Owner

Noted by:

Releasing Officer/Evidence Custodian

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, ,

Annex "I" - Order of Release (Release from the Prosecutor/Court)

Heading

ORDER OF RELEASE(Release from the Prosecutor/Court)

The undersigned hereby Order the Release from this Office and upon therequest of the victim/complainant, the herein property/evidence described as follows:

ITEMS/ARTICLES QUANTITY

1. _2. _3. _

Signature

(If there is complaint)

1. The battery, tires was damaged.2. Cellphones, memory card missing.3. Others.

Example:

(Owner)

Noted:

Releasing Officer/Evidence Custodian

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Annex "J" - Chain of Custody of Evidence

CHAIN OF CUSTODY OF EVIDENCE(For Seized/Recovered Evidence)

SEIZINGOFFICER

DEVIDENCE CUSTODIAN

DI PROSECUTOR I COURT I

DVICTIM I COMPLAINANT

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Annex "e"-Sample Format of Technical Inspection and Inventory ReportFor Recovered Motor Vehicle

Republic of the PhilippinesDepartment of the Interior and Local GovernmentPHILIPPINE NATIONAL POLICE

TECHNICAL INSPECTION AND INVENTORY REPORT OF RECOVERED MOTOR VEHICLE

Accomplished: _

Make/Type Plate No. Steering Wheel Air-con Compressor

Engine No. Fuel Shifting Rod with Knob Radiator

Chassis No. Color Hand Brake Radiator Cover

Registered Owner: Ammeter Radiator Inlet Hose

Owner's Address Oil Pressure Gauge Radiator Outlet Hose

- - -----

OUTSIDE FEATURES FRONTBum er FrontBrand EmblemMarkin

Fo Li htsHeadlightsLR

Radiator Grill Windshieldwi er

Parking/Hazard Knob Distributor Cap

Signal Lights LlR WindshieldGlass

Wiper Knob Distributor Assembly

Hazard Lights LlR WindshieldWi er Blade

Dimmer Switch Contact Point

Headlights Guard WindshieldWiper Motor

-- - - - -- - - - -- -- ---Left Side Portion:

Right side Portion: '~ , 'Side Mirror Side Mirror

Directorial Level Condenser

Wind Tunnel Glass Wind TunnelGlass

Speedometer Air-con Condenser

Window GlassF13ront Seat

WindowGlass FrontSeat

Fuel Gau e Rotor

WeatherlWindow Strip

Rear Back Portion: __Luggage Compartment: '

Rear Bumper Spare Tire

Cars Seats Front Advancer

Brand EmblemMarking

Spare Tire ~1---~-------~Mounting-Note: nospare tirecover,

Car Seat Back Oil Dipstick

Plate Light

Tail Li ht Assembl

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FloorLuggageMatMechanical

Car Seat Cover Air-con Driver Belt

Floor Carpet Carburettor Assembly

Floor Matting AlternatorSteerin WheelComputer Box

Alternator VoltageRegulator

Seat Adjustment Knob Air Cleaner

--- -- -- --

ACCESSORIES: Fuel Pum

"

/' '

Brand/Make:Air-condition UnitCar Stereo

Size: 235/75 R15 Interceptor Cable

Condition: Used Stereo S eakers

No. of Studs:T e Twitters

Car Radio

RunningGeneral Condition of the MV: Equalizer

Deadline Li hterCD Chan er

BarometerFire Extin uisherAntennaer- _

Idler ArmFront Coil SpringPitman Arm

-------- - --------~--- - -- - --Recovering Personnel: WITNESS/OWNERlBarangay NOTED BY (HEAD OF

Official: OFFICE):

Rank/NameDate: Date: Date:

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Newl aintedPaint DiscolorationGood bod shapeBody in Bad ShapeBod on oin re airFor Re aintingBeyond Economical Repairand corrosion have set inwhich requires a major bodyrepair.

Annex "E" - Sample Format of Turn-Over Receipt of CollectedEvidence at the Crime Scene from Investigatorto SOCO Team



TURN-OVER OF COLLECTED EVIDENCE AT THE CRIME SCENEFROM INVESTIGATOR TO SOCO TEAM

(If Applicable)

Date----

This is to certify that the following items/physical evidence found,collected and initially marked and inventoried by the investigator at thecrime scene were properly turned over to SOCO Team EvidenceCustodian:

ITEMS/ARTICLES(Technical Description)

QUANTITY/UNITS

(SOCO Team Evidence Custodian)

Turned Over By:

Duty Investigator/OIC

Witnessed by:

Signature Over Printed Name

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