Republic ofthe Philippines Depaulinaat ofthe Interior and Local Government NATIONAL POLICE COMMISSION Makati City MEMORANDUM CIRCULAR NO. gv0: DIRECTING THE PHILIPPINE NATIONAL POLICE TO UNDERTAKE AN INTENSIFIED AND CONTINUOUS CAMPAIGN AGAINST PORNOGRAPHY AND OTHER FORMS OF OBSCENITY WHEREAS, HER Excellency, GLORIA MACAPAGAL ARROYO, President, Ropublic of the Philippines, has identified moral renewal as one of the pillars of her administration, WHEREAS, pornography as a moral, religious anu public safely issue is une of the major concerns (o be addressed for moral renewal; WHEREAS, Chapter Il of the Revised Penal Code enlilied “Olenses Ayainst Decency and Good Customs" includes pornography as one of the erimes ayains! pubtic morals; WHEREAS, as provided for by Presidential Decree No, 969 enililled “Aniending Certain Provisions of PO 960 whicl Amended Arlicle 201 of the Revised Penal Coue and for other Purposes", pornography can be considered an iinmoral doctrine perpelualed by obscene publications and exhibilions and indecent shows; WHEREAS, the proliferation of pornographic materials has roaclied such proportions as to warrant @ nationwide campaign against this social menace which has tremendous deleterious effects upon the youth, the farnily, the community and the people, by and tarye; WHEREAS, the many incidents of violence and crimes ayainst chastity, (v include juvenile delinquency, broken homes and abuse of drugs can Le traced, anwung others, to this social evil called pornography; WHEREAS, iis lamentable to hear and read aboul the abundance and casy acquisition of pornagraphic printed materials and piraled Video Compact Dises {VCO} of pommagraphic movies tight at shopping malls and side slreots by cilizens of varying ages, placing the pulize al an embarrassing silwaliun as they are perceived to have lack of interes! arid enthusiasin 10 enforce te law, particularly Article 201 of the Revised Penal Code and tolaled special laws to protect people's wollare; WHEREAS, he police as protector and guardian of the citizens must fake action and intensify is efforts inthe reduction, if nol Lolal eradication of this Social menace as part of ts crime prevention strategies; NOW, THEREFORE, the Comission in the exercise of its administration any control function over the PNP has RESOLVED TO DIRECT AS IT HEREBY DIRECTS the PNP (o uliize ils resources, including but not fimiled to the Criminal Investigation and Detection Group (CIDG) to undertake an all-out ‘search and raid operations” in Melro Manila and Highly Urbanized Cities on all known pornographic repraductioniprinting shops and sales oullels, the arrest and investigation uf people involved in the production/reproduction and sale/disgeinination of pornographic materials and the fling of appropriate cases ayainst them, In this regard, he following policies and guidelines shall be followed, to wit: 1. Police officers engayed in antipornography operations must ensure the observance of and respect for huinan rights. ‘Tho police shall, al all limes, be accuunlable fo the public and all police actions must be wee and responsive lo public seta 6212, 13. The use of force shail only be lo (he exten! zeqesited for the perfounance of police duty, nes To ensure saccoss, carclul planning must be done belure operations such as raii's and sear Of printing shops and sale oullels for pornographic materials, Police personnel who shall be involved in anti-pomography operations should be given proper insluctions and should be clailied of their assigned (es ponsibiios. Legal matters such as service of srariants, identification and issuance of receipts of materials confiscaled, ele., ust be complied will. Awesis, whether by vidue of a warrant or wilhoul warrant shall be done willioul violence or unnecessary force and the person artasled shall be brought v proper aullorties within the tine Prescribed in Article 125 of the Revised Payal Cave while persons avested wilhoul a warrant stall be brought to the Hettest police slaion for inquest jwococlings under Section /, Rule 112 of tie vevised Rules of Cour. The police officers seiziny tho property shal prepare a sfokaled receipt for all matertalsproperties seized anid shall yive the said raceipl lo the lawful owner of the premises who is present during the, conduit of search and seizure ‘Mier the service of the warrant, a repo the judge issuing such warrant. u papared by the police ollices for submission to ‘An aller operation coport must be prepared for submission to the head of the unit (i2., Chief of Police for focal police stations; Dizaclor, CNG) indicating a dolaled and complete inventory of Inalorials seized and a statement as fo the salekeping and disposition there usteaial investigation ofa infos the suspect of hist rights. UJ parsins, the davestiyatiny Other The Investigating Gticer shall prepare the custodial investigalion report in waiting which shall be ead and explained (0 the arrested person by his counsel or by assisting counsel belore tie {arrested person) signs or Lhumbinarks. The Chief of the Investigating Ofice/Unit must ensure the court attendance af ihe Investigating Oltcer and olhor polio personnel sorviny as wiliesses. {he unit involved w aati pomnuyraphy opetalions shall mmintam a Record Look on seized inalevials indicating, bul nol fiwiled (o: a, Case number b, Kind of malurial seized! (lex, snagaine, journal, CD, VED, ele.) cc —— Gurantily J. Dale ol seizure: 1 fe. Manes anid axldvosses of apychendal persons {.—Nasnes of apprehenuing olficers 4 Olficerin-Case L.— Name of Chiel of OlicelUit i Slalus ol the case, patticuiarly ab final disposition The PNP shall coowinale will ie Garea of Customs (BOC) which has jurisdiction on the campaign ayaust smuygligy of pornoyraphic materials ito the country, unless, PHP officers are pk by tre BOC Commnisiones I , 83The PHI’ shall share wilh Jhe HOC any available intullycnce on groups oF personalities snuggling pornoysophic materia int the county, b. The PAH MARIG (Martine Grup) may pattioyrate nt join or Combined! operations in the country’s marititne and coastal walers for the apprehension of pornographic articles otning hom another exxaatry (hiansnational. 16. The Women and Chilthen’s Protection Desk stall fake chaige of handling female and youll persons arrested durin anti-pomagraphy operations. 17. Female offenders canght tae while dancing or petlorniing indecent and obscene activites after avi boon pholoyraplied by a compelant photographer, shall bo made lo pul on their dresses belore they are brought lo the police stalin for investigation, ‘A quarterly report of police accomplistunents on ax: jpomography operations shall be consolidated by the Directorate for Operations for subenission fo the National Police Commission, This Memorandum Circular shall lake eflect innit. Issued this _14! 2002 al aka City M2 fiver 4b Ze Sumas, Chairpersons by j “A “Le Line Ropstio i piteza ~ ye Cannister gf View Chpinjanxccutive Oticer ! spol | chetvagh Jamin TORIES LINDA MALENAB-HORNILLA (esha ope | Commissioner gs! 4} wieninocent Latte? ur, “Aes oe j Teng poi chit Serta a4