PHILIPPINE National Police (PNP) chief, General Benjamin C. Acorda Jr. has ordered a regular check of all police lock-up facilities not only to detect the presence of contrabands like drugs, liquor and weapons but also to check the condition and strict auditing of Persons Under Protective Custody (PUPCs).

The top cop issued the order in the aftermath of a surprise inspection of the Angeles City Police Station 2 on Friday last week which, according to PNP Integrity Monitoring and Enforcement Group (IMEG) director, Brigadier Gen. Warren F. De Leon resulted in the discovery of a major irregularity involving 15 detainees who have not been charged with any criminal offense before the court.

The inspection triggered the arrest of Angeles City Police Station 2 commander, Major Marvin Aquino and his men, Master Sergeant Romulo Meligrito, Staff Sgts. Nikko Dave Marquez and Mark Steven Sison and Corporals Richard Gozum, Diosdado Villamor Jr. and Jaypee Mangilit.

De Leon said Meligrito, Villamor, Gozum and Mangilit are members of the Station Intelligence and Drug Enforcement Unit while Marquez and Sison are both jailers/investigators and desk officers.

All are temporarily detained at the PNP-IMEG jail in Camp Crame and are facing criminal charges for arbitrary detention and unlawful arrest under Article 269 of the Revised Penal Code before the Department of Justice.

A ‘civilian asset’ of the Angeles City policemen identified as Esmael Arviola was also arrested during the operation. Erviola also yielded an unlicensed caliber .38 revolver and will be facing a case for violation of Republic Act 10591 or the Comprehensive Firearms and Ammunition Regulations Act of 2013.

De Leon said the accused policemen will have to explain why they did not file criminal complaints against the 15 persons found locked up in their cell, majority of them jailed beyond the reglementary period.

According to the PNP-IMEG director, the seven policemen were accused of illegally arresting and detaining without any charges the 15 persons and demanding money in exchange for their liberty.

Detaining any person without filing criminal charges against him/her beyond the reglementary period is a gross violation of the so-called ’12, 18, 36 Rule.’

Article 125 of the Revised Penal Code says that authorities will not face arbitrary detention charges if they deliver a suspect to judicial authorities within the following specific timeframes: 12 hours for a person accused of a crime punishably by light penalties; 18 hours for crime punishable by correctional penalties and 36 hours for crimes punishable by capital penalties.

De Leon said that prior to last Friday’s operation, a complainant identified as Jonalyn Antonio went to their office to complain that her mother Josephine, a vendor was illegally arrested and arbitrarily detained by the Angeles City policemen for alleged violation of Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002 inside their residence in Barangay Amsic, Angeles City around 11 p.m. last Sunday, May 28.

The complainant said personnel of the Angeles City Police Station 2 demanded P30,000 from her in exchange for the filing of a case for violation of Presidential Decree 1602 or the anti-illegal gambling law instead of RA 9165.

Acting on the complaint, the PNP-IMEG, with the help of the Angeles City PNP Internal Affairs Service, Angeles City Police Office and PNP Special Action Force conducted a surprise inspection of all Persons Under Police Custody (PUPCs) at the Angeles City PS 2 on Friday morning.

De Leon said that during an inspection of the PUPCs inside the Angeles City PS 2, they discovered that Josephine Antonio and 14 others were being held inside the jail without criminal charges.

The 15 PUPCs were found to be all ordinary Filipinos working either as vendors, construction workers, housekeepers and tricycle and truck drivers, the PNP-IMEG chief said.

One of them has been in detention since last May 4 while the others were locked up either on May 25, 27 and 28 without any charge.

Acorda said he wants to ensure that the so-called ’12,18,36 Rule’ is strictly followed in all police camps, stations and other facilities as part of their strict adherence to the rule of law and the Police Operational Procedures and full observance of human rights.

During the previous Benigno Aquino administration, viral videos and stories about ‘secret police jails’ where arrested criminal offenders where reportedly held without charges, some of them reportedly subjected to maltreatment and other inhumane acts by some rogue policemen, prompted the then PNP leadership to act on the matter.

In 2014, a detention facility in Laguna where abuses against PUPCs were allegedly committed by some misguided policemen triggered a Camp Crame directive to conduct an inventory and inspection of all lock-up cells and custodial facilities maintained by PNP units nationwide.

During that time, some Laguna policemen were accused of physically abusing PUPCs for fun in a game of ‘roulette.’

The controversy prompted a PNP directive for inspection and audit teams from the PNP Directorate for Investigation and Detective Management and the PNP Human Rights Affairs to account for all lock-up cells in regional, provincial, city and municipal police units to check on the condition of inmates and offenders in police custody.

Aside from the physical headcount and audit, the inspection teams from the PNP-DIDM and the HRAO were likewise ordered to review case records of detainees to determine the basis of their continued detention and verify if there are certain issues of custodial jurisdiction.

The San Pedro City incident also prompted the PNP leadership to remind its men of their required commitment and responsibility even as they described the Laguna incident as ‘isolated’ and does not reflect a pervasive situation or a systematic practice among police units.

Following the Angeles City operation, De Leon recommended to Acorda the conduct of regular unannounced inspections of all PNP custodial facilities in the country to be jointly conducted by the PNP-IMEG, the PNP-IAS and the PNP Human Rights Affairs Office to prevent the occurrence of a similar incident.