PNP procedure on mandatory inquest for operations that lead to death ordered reviewed

Gen. Guillermo Lorenzo Eleazar, chief of the Philippine National Police (PNP), ordered on Wednesday, Sept. 8, a review on the Police Operational Procedure (POP) regarding the conduct of mandatory inquest on police operations that would lead to the death of suspects.

He made the order after Bayan Muna party-list Representative Carlos Isagani Zarate criticized the police force for supposedly removing its policy of mandatory inquest proceedings on police officers in anti-crime operations that would result in the death of the suspects.

Eleazar said that he understand the concerns of some lawmakers on this matter and assured that this would be looked into.

But he explained that the the current procedure states that “in cases of armed confrontation wherein a suspect dies, the team leader of the operating unit shall submit the incident for inquest before the duty inquest prosecutor prior to the removal of the body from the scene except in areas where there are no inquest prosecutors. In which case, the territorial police unit can proceed with the investigation.”

“This is impossible as an ‘incident’ cannot be subjected to inquest proceedings. Only arrested persons are subject to inquest as contemplated in the Revised Rules of Criminal Procedure,” Eleazar said.

He explained that the inquest under the Rules of Court and the inquest under the PNP Operational Procedure are two different and distinct concepts.

“The Directorate for Operations should carefully scrutinize this possible oversight and input the necessary adjustments,” said Eleazar.

Eleazar also assured the public that the system of accountability in the police organization is working and remains strong, especially with the current quick response on reports of abuses of its personnel.

Based on the PNP records, more than 5,240 PNP personnel have been dismissed from the police service from July 2016 to August 2021 while more than 17,000 more were punished with various penalties that include suspension and demotion for various offenses.

“Our Internal Affairs Service conducts motu proprio investigations on instances where there are deaths or injuries, either of a suspect or a police officer, in any police operation. This IAS probe primarily determines if there is probable cause to hold a policeman culpable for a death and assists in the filing of criminal charges,” he said.