How to Handle - dpcr.pnp.gov.ph · Cases? 5 nnn Republic Act No. 8353: Anti-Rape Law of 1997 in relation to RA 8505 - Rape Victim Assist ance and Protection Act of 1998 nnn Republic

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How to Handle

Gender-Based Violence

A Booklet for

POLICE FIRST RESPONDERS

July 2010

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The First Responder is a policeofficer who is the first to arrive at thecrime scene to provide initial policeactions on information or complaintregarding Gender-Based Violence(GBV) Cases.

Who is thePolice First Responder?

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Gender-Based Violence (GBV)Cases are acts or omissionscommitted in violation of the followinglaws and other laws that may beenacted in relation with GBV:

nnnnn Republic Act No. 9262: Anti-Violence Against Women andChildren Act of 2004

nnnnn Republic Act No. 9208 : Anti-Trafficking in Persons Act of2003

What are Gender-Based ViolenceCases?

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nnnnn Republic Act No. 8353: Anti-Rape Law of 1997 in relation toRA 8505 - Rape VictimAssistance and Protection Act of1998

nnnnn Republic Act No. 7610: SpecialProtection of Children AgainstAbuse, Exploitation andDiscrimination Act of 1992

nnnnn Republic Act No. 9775 : Anti-Child Pornography Act of 2009

nnnnn Republic Act No. 9995 : Crime ofPhoto and Video Voyeurism Actof 2009

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1. Receive the information/complaint

2. Record the information/complaintor directive

3. Validate the veracity of theinformation

Responsibilities of aPolice First Responder

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4. Inform the supervisor/higherauthority about the incident

5. Coordinate with the concernedofficials as required by situation

6. Assess the situation and call forbackup, if necessary

7. Plan the approaches to beexecuted

The First Responder must carry apocket notebook for the recording ofvital information containing the 5 Wsand 1H gathered at the crime sceneprior to turnover to investigating unitconcerned.

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A. The crime is in progress

1. Upon arrival at the crimescene:

- take note of your time ofarrival, weather condition,and other collateralinformation. Locate victim/s,complainant/s, suspect/sand witnesses.

- protect and secure crimescene by cordoning it withpolice line or availablematerials like ropes, straws,

Actions of thePolice First Responder

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human barricade, wood andchain; evacuate injuredpersons to nearest hospital;prepare to take “dyingdeclaration” of severelyinjured person, if any (POPRule 18 Sec.1 paragraphs a,b and c).

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2. In cases where victim/s orsuspect/s sustained physicalinjury:

- facilitate medical evacuation tothe nearest hospital/clinic fortreatment prior to formalturnover.

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3. In case of escalated situation,e.g., hostage taking and armedsuspect:

- Use of Force : issue warningbefore using force againstoffender. This will help identifythe police officer and give anoffender opportunity tosurrender. In armedconfrontation, only necessaryand reasonable force is usedto overcome resistance,subdue clear and imminentdanger or justify the force/actunder the principles of self-defense, defense of relativeor defense of stranger (POP,Rule 8).

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- Hostage Situation : secureand isolate area by prohibitingunauthorized persons toenter the scene. Recordwitnesses’ names,addresses and otherinformation and direct them toa safe place (POP, Rule 26).

- Child Abuse Cases : takeimmediate action but underno circumstances shall bebeyond 48 hours upon receiptof complaint, report orinformation; coordinate withand report case to localsocial welfare officer andconcerned stakeholders;prepare rescue operation

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plan and execute plan withconcerned stakeholders(POP, Rule 27).

4. In case of armed confrontation:

- Secure site of confrontation

- Take photographs

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- Check if situation still posesimminent danger

- Evacuate wounded tonearest hospital

- Ensure all persons who diedon the spot are not movedfrom their original position

- Suspect should be arrestedand kept in isolation (Rule 10,POP)

5. Use:- proper restraining procedures

whenever applicable

6. Conduct bodily search onsuspect:

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- search must be done byofficer of same gender

7. Provide police assistance- to victims in coordination with

their relatives and friends

8. Formal turnover:- of victims to the police/

investigation units e.g.,WCPD of proper jurisdiction

- of suspect/s and confiscateditems to investigator on case

9. Execute:- affidavit of arrest and turnover

of confiscated evidence toinvestigator on case.

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10.Submit:

- First Responder’s Report toInvestigating Unit concerned(copy furnish your immediatesupervisor)

B. After commission of crime

1. Upon arrival at the crimescene:

- take note of your time ofarrival, weather condition,and other collateralinformation. Locate victim/s,complainant/s, suspect/s andwitnesses

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- protect and secure scene bycordoning area with availablematerials like ropes, straws,human barricade, police line,wood and chain; evacuateinjured persons to nearesthospital; prepare to take the“dying declaration” ofseverely injured person, if any(POP Rule 18 Section 1paragraphs a, b and c)

2. Arrest/restrain suspect, keep inisolation, and observe properhandling of children in conflictwith the law

3. Take photos of entire crimescene

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4. Inform SOCO Team Leaderwhere victim’s body wasoriginally found at the crimescene (SOCO Handbook/Manual)

5. Record names of witnesses,addresses, other information

6. Provide police assistance tovictims in coordination withtheir relatives and friends; turnthem over to the police/investigation units, e.g., WCPDof proper jurisdiction

7. Conduct bodily search on theapprehended suspect:

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- search must be done byofficer of same gender

8. Formal turnover:

- of suspect/s and confiscateditems to the investigator onthe case

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9. Execute:- affidavit of arrest inventory

and turnover of confiscatedevidence to investigator oncase

10. Submit:- First Responder’s Report to

the Investigating Unitconcerned (copy furnish yourimmediate supervisor)

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DIRECTORY

Women and Children Protection CenterCamp Crame, Murphy, Quezon CityTel. No.: 723-0401 Local 4503

Kanlungan Centre Foundation, Inc.No. 77 K-10 Street, Kamias, Quezon City 1102Tel. No: 928-2384Website: www.kanlungan.ngo.ph

Department of Social Welfare andDevelopmentBatasan Pambansa Complex,Diliman, Quezon CityTel. No.: 931-8101

Council for the Welfare of Children10 Apo St., Sta Mesa Heights, Quezon CityTel. Nos.: 740-8863/ 781-1039

CEDAW-SEAP PhilippinesRoom No. 209-211, Philippine Social ScienceCenter Commonwealth Ave., Quezon CityTel. No.: 426-3772

DIRECTORY

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Sentro ng Alternatibong Lingap Panligal(SALIGAN)Ateneo de Manila Campus, Loyola Heights,Quezon CityTel. No.: 426-6001 local 4858

Women’s Legal & Human Rights Bureau,Inc.College of Social Work and CommunityDevelopment, Magsaysay Ave., University of thePhilippines-Diliman, Quezon CityTelefax: 921-4389

Project Haven Women’s Crisis CenterTel. Nos.: 924-9315/ 926-7744

Cebu: Lihok Pilipina Foundation102 P. Del Rosario Extension, Cebu CityTel. Nos.: (032) 254-8072/ 254-8092

DIRECTORY

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SAMPLE FORMAT of turnover of crime scene(FROM FIRST RESPONDER TO THE INVESTIGATOR)

Republic of the PhilippinesDepartment of the Interior and Local Government

PHILIPPINE NATIONAL POLICE______________________________________

_______________________

TURNOVER OF CRIME SCENE

___________

Date

This is to certify that the crime scene (State the particularincident and the date, time, place of occurrence) was turned-over by thefirst responder to the duty investigator.

This further certifies that all the physical evidence found bythe first responder at the crime scene were properly secured andpreserved.

Received By : ____________________

Time/Date : ____________________

Turned-over By:___________________

Time/Date : ____________________

Witnessed By: ____________________

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SAMPLE FORMAT of Inventory/Receipt for Property

Republic of the PhilippinesDepartment of the Interior and Local Government

PHILIPPINE NATIONAL POLICE______________________________________

_______________________

Date:____________

INVENTORY SHEET/RECEIPT FOR PROPERTY / GOODS RECOVERED

Inventory Sheet of article/items seized from the premise/establishment of________________ located at ________________ by virtue of_____________________________________

ITEMS/ARTICLES QUANTITY/UNITS

________________________ ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ ______________________________________________ ______________________

______________________

(Seizing Officer)

Witnessed by:

___________________

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SAMPLE FORMAT of Affidavit of First Responder

Republic of the Philippines(____________, ________ ) s.s.x- - - - - - - - - - - - - - - - - - - - - -x

AFFIDAVIT OF FIRST RESPONDER

The UNDERSIGNED Police Officer, presently assigned at the swornin accordance with law, do hereby depose and state THAT:

The undersigned personally received from ____________thecomplaint/report/information that a certain _________was (acts of abuses)by _________, a clear violation of ______________________ which wasreferred to our off ice by the _________________________ against_______________, (age), (civil status), nationality) and residing at No.___________________, ____________________;

Who responded at _______________________located along______________________________, ____________________;

On the complaint dated ___________, (state the act and the crimecommitted).

Upon receipt of their said complaint, the undersigned personallyconducted verification. At about _____________of __________, theundersigned together with the complainant proceeded to________________located alomng _______________, __________ torender initial police action;

Upon arrival, complainants pinpointed the place of incident while theundersigned conducted initial preservation of the crime scene. At about______, the undersigned isolated the witnesses, assisted the victim/s andarrested the suspect with the assistance of the concerned stakeholders;

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Seized and recovered in the possession and control of the arrestedperson were the following, to wit:

a) Weapons, (type of weapons and serial numbers, it there is any);b) (relevant documents);c) (type of CP and SIM Card); andd) Other evidence confiscated;

Suspect together with the seized and recovered evidence were broughtto the __________________________________, ____________,___________ for booking and proper disposition. Likewise, the arrestedperson was apprised of his/her rights as provided for under the Constitutionof the Philippines.

The undersigned made proper coordination with the local social workofficer and the police station (WCPD) which has territorial jurisdiction.

The undersigned executed this affidavit to attest the truthfulness ofthe foregoing facts and to support the filing of Criminal Cases against_______________________ for violat ions of_____________________________.

AFFIANTS SAYETH NAUGHT.

IN WITNESS WHEREOF, the undersigned hereunto affixed his/hersignature this ____day of ________ at ___________, ____________.

________________________ Affiant

SUBSCRIBED AND SWORN to before me this ____day of _______at_________. I HEREBY CERTIFY that I have personally examined the hereinaffiant and I am satisfied that he/she voluntarily executed and understoodthe given affidavit.

_________________________ Administering Officer

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PNP Committee on Enhancing Gender-Responsiveness Program

ATTY. RENATO DF HEREDIAPolice Director

Directorate for Police Community RelationsCommittee Chairperson

Technical W orking Groupon First Responder Manual and Booklet

PSSUPT ROLANDO B FELIX, CEO VI

PSUPT HILARIO B ORALLO

PSUPT NIÑO DAVID L RABAYA

PSUPT ROBERT A GUERRERO

PSUPT OSCAR P JACILDO

PSUPT GERARDO G DIA

PSUPT ORLANDO T MELCHOR

PSUPT MELECIO R DELA VEGA JR

PSUPT MARIA LEONORA C CAMARAO

PCINSP JUDE T TACORDA

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