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Republic of the Philippines

Department of the Interior and Local Government


NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE
OFFICE OF THE CHIEF, PNP
Camp Creme, Quezon City

May 20, 2012

MEMORANDUM CIRCULAR
NUMBER 2012-003

POLICY GUIDELINES ON SECURITY CONSCIOUSNESS AND SECRECY


DISCIPLINE IN THE RECORDING, UPLOADING, POSTING OR DISSEMINATION OF
INFORMATION VIA THE INTERNET OR THROUGH OTHER INFORMATION AND
COMMUNICATIONS TECHNOLOGY OCT) DEVICES BY THE PNP PERSONNEL

REFERENCES:

a. Republic Act No. 9995, the Anti-Photo and Video Voyeurism Act, dated February
15, 2010;

Republic Act No. 8792, the Electronic Commerce Act dated June 14, 2000;

c, Philippine National Police Regulations No 200-012 Promulgating Rules


Governing Security of Classified Matters in all Philippine National Police Offices
and Units;

ct Activation of DICTM pursuant to NHQ-PNP General Orders Number DPL-09-08


dated April 1, 2009;

e. NAPOLCOM Memorandum Circular No. 2007-001 (Uniform Rules of Procedure


Oefore the Administrative Disciplinary Authorities and the Internal Affairs Service
of the Philippine National Police); and

f, Republic Act No. 6713, "An Act Establishing A Code of Conduct and Ethical
Standards for Public Officials and Employees, To Uphold The Time-Honored
Principle of Public Office Being A Public Trust, Granting Incentives and Rewards
for Exemplary Service, Enumerating Prohibited Acts and Transactions and
Providing Penalties for Violations Thereof and For Other Purposes", dated
February 20, 1989.

2. PURPOSE:

There have been incidents in the past when the image of the PNP was blemished
because of the irresponsible actions by some personnel who recorded, uploaded,
posted, or disseminated photos, videos and other materials on the Internet without
proper authorization from their respective commanders. Some of these materials
showed some PNP members performing activities that are unofficial and illegal or
offensive to public morals.

PNP Regulations 200-012 provides procedures for the proper handling of classified
information, However, there is a need to provide clear and concise guidelines that will

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regulate the dissemination of declassified information on the Internet, because without
exercising extreme care in doing such activity, the PNP might be put in a very
embarrassing situation that would compromise its integrity as a law enforcement
organization.

Hence, the purpose of this Memorandum Circular is to provide guidelines for the
recording, uploading, posting or dissemination through ICT devices of materials
considered as official and those that are not official but may contain information
detrimental to the image and integrity of the PNP organization.

3. SCOPE:

This Memorandum Circular applies to all Uniformed and Non-Uniformed Personnel


(NUP) of the PNP.

4. DEFINITION OF TERMS:

a. Classified Matter — pertains to official information that cannot be released for


general consumption either within the government or to the public since such
dissemination would be of material value to an enemy or potential enemy, For
the categories of classified matter, please see Section 6.a.1 to 6.a.4 of this
Memorandum Circular.

b. Disseminate — to publish or spread information, wittingly or unwittingly,


regardless of the number of intended recipients.

c. ICT Device — this covers the hardware (computer, mobile phone, digital camera,
sound/video recorder, etc.), software, protocols, and storage and communication
media used by the device, as a system.

d. Internet — a worldwide interconnection of millions of computer networks and


databases. It is popularly referred to as the Information Superhighway, the Web,
or simply as the Net. This also includes social networking sites.

e, Official matter, material or document — any material that contains information


pertaining to the identity, plans, programs, activities and resources of the PNP.
This also includes any information pertaining to a member or members of the
PNP who are performing or tasked to perform official functions,

f. Photographic Material — a scanned picture or digitally captured photograph.

9. Pirated Software — a computer software that was acquired through illegal means
or duplicated and distributed without authorization.

h. Posting — the act of sending electronic message, sound, photo or video material,
wittingly or unwittingly, to a social networking site, forum, chat room, or other ICT
device.

Social Networking Site — an Internet website that services activities for social
interactions such as Facebook, YouTube, Friendster and Twitter.

Software — A set of instructions encoded in a computer (and its peripheral


equipment) to execute a command or to process data. It uses a computer
understandable language. These are the non-physical components, which may
be an operating system, a development language, database management

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system, network management software, set of computer tools and utilities, or an
applicable package, as well as the machine-coded instructions that direct and
control the different hardware facilities.

It,. Uploading — sending an electronic file or document using e-mail or other means,
wittingly or unwittingly, to a website or other 1CT device for storage or sharing.

1. Video Material — a whole recording or portions of a movie or other video


productions.

5. POLICIES:

a. Information security is a command responsibility. As a policy, the heads of PNP


Offices/Units shall, at all times, be responsible for the physical safety and
security of all official documents in their custody. They shall ensure that only
those authorized personnel are given access to classified information.

b. It is the policy of the PNP that all personnel should be extremely careful in
handling and using information, whether classified or not, especially if disclosure
of such will affect the image or integrity of the PNP organization.

6. GUIDELINES:

a_ All PNP personnel are strictly prohibited to record, upload, post, or disseminate
classified information on the Internet or through ICT devices. Based on PNP
Regulations 200-012, the following are the categories of Classified Information:

1) Top Secret — those information and materials that require the highest degree
of protection. Applies only to those information or materials and -security
aspect of which are paramount and whose unauthorized disclosure would
cause exceptionally grave damage or danger to the nation, politically,
economically, and to the nation's peace and order and security.

a) The following are considered "Top Secret" information or materials:

a1. Those that may lead to a definite break in the diplomatic relations
or which may affect the security of the Philippines; and
a.2. Those which may lead to the compromise of police or security
plans, intelligence operations or drastic political or economic
projects, or scientific or technological developments vital to the
security.

b) Examples of information and material which normally will be graded "Top


Secret":

b.1. Strategic plan documenting the overall conduct of the nation's


security;
National police planning documents that contain worldwide:.
b.2.1. Planning data and assumptions;
13,22. Police operations planning factors for highly classified
technical crime equipment and weapons;
b,2.3. National police intelligence estimate of enemy and criminal
elements capabilities; and
b1,4. Force composition and developments.

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b.3. Documents containing consideration in sub-paragraph b.2 directly
related to a "Top Secret" national police planning document, the
unauthorized disclosure of which standing alone could result in an
actual compromise of a particular "Top Secret" plan. These
documents do not necessarily include proposed budgets, current
peacetime deployment of units or supplies, or peacetime manpower
or organization programs of future years;
b.4. Intelligence documents that contain completed intelligence of such
scope that it revealed major intelligence production efforts of the
Philippines and which would permit an evaluation by recipients of
the success and capabilities of the Philippine Intelligence agencies;
b.5. Plan or policy governing intelligence operations provided that
compromise of such plan or policy or operation will result in
exceptionally grave damage to the country and not just to
individuals or groups of individuals;
b6. Very important political documents dealing with such matters as
negotiations for major alliances and the like;
b,7. Major governmental projects such as drastic proposal to adjust
nation's economy or political setup;
b.8, Matters relating to new and far-reaching experimental, technical,
and scientific developments in methods of police operations;
b.9. Critical information about cryptography so far as it relates to
devices or equipment under development;
b.10. Detailed compilation of data to include analysis of the country's
geographical, economic and industrial build-up and status which
are essential in satisfying and supporting the nation's security
plans; and
b.11. Compilation of secret documents, the aggregation of which
increase their overall security value.

2) Secret - those information and materials whose unauthorized disclosure


would endanger national security, cause serious injury to the interest or
prestige of the nation or of any governmental activity or would be of great
advantage to a foreign nation.

Vii) The information or material is considered "Secret", if it would:

a.1. Jeopardize the international relations of the Philippines;


a.2. Endanger the effectiveness of a program or governmental scheme
or policy of vital importance to the security;
a.3. Compromise national police plans or scientific or technological
developments important to the security; and
a.4. Reveal important intelligence operation.

b) Examples of information and material that normally will be graded "Secret:

b,l, National Police plans or complete plans for future police operations
not included under Top Secret and documents showing the
disposition of our police forces, the unauthorized disclosure of
which could result in an actual compromise thereof;
b.2. High-level directives dealing with important negotiations distinct
from major negotiations with other countries;
b.3. Security or other police plans not included under the "Top Secret'
or preceding sub-paragraph involving safety of vital areas together
with the related particulars of operations;

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b.4. New designs of aircraft, projectiles, armor, and other devices not
classified as "Top Secret". Grading of material information or
project as "Secret" is, however, justified if:
b.4.1. It materially influences a major aspect of police tactics;
b.4.2. It is sufficiently revolutionary to result in major advance in
existing techniques; and
b.4.3. It is liable to compromise some other classified projects.
b.. Specific information that reveals police capabilities or state of
preparedness of the PNP such as detailed organization of existing
and reserve units;
b.6, Particulars of operations in progress such as strength of forces
engaged in hostilities or quantity or nature of their equipment, or
identity or composition of units in an active area of operations and
adverse report on general morals affecting major police operations;
b.7, Police maps, charts and air photographs covering security areas,
establishments or installations, such as police ports and airfields,
camps, signal installations, etc. Maps, charts or air photographs will
be graded in accordance with the basic classification;
b,& Intelligence and other information not classified as "Top Secret" but
which could reveal a secret source and the value of which depends
upon concealment of possession of the same;
b.9. Communication security devices and cryptographic materials that
reveal information of vital importance to the security;
b.10. Police troop movements in operational areas, to include major
shifts of forces and supplies;
b-11. Intelligence plans and estimates;
b.12. Order of battle information, location and moves affecting it.
Information on enemy and criminal elements' order of battle will be
graded according to the classification of the means by which it was
obtained;
b.13. Compilation of confidential matter, the aggregation of which
increases their overall security value;
b.14. Roster or list of intelligence personnel; and
b.15. Documents that contain the following elements of information
concerning police troop movements or individual travel in
operational area, either direct or by implication, require a
classification of "Secret":
b.15.1. Inter-island or inter-zone geographic destinations;
b.15.2. Date and time of departure from port of embarkation, port
enroute or airport;
b.15.3. Route, name or destination of ship or convoy or aircraft;
b..15.4. Estimated time of arrival at inter-island or inter-zone
destination or ports enroute;
b..15.5. The meaning of assigned shipment numbers so far as
the inter-island or inter-zone destination is concerned;
b.15.8. The inter-island or inter-zone destination represented by
a temporary PNP PO Number, and
b.15.7. Events enroute involving every action.

3) Confidential —information and material whose unauthorized disclosure of


which, while not endangering the national security, would be prejUdicial to
the interest or prestige of the nation or any government activity, or would
cause administrative embarrassment or unwarranted injury to an individual
or would be of advantage to a foreign nation.

a) Examples of information material that normally will be graded confidential


are;

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al. Routine police operations and law enforcement reports that contain
information of value but not of vital interest to the criminal elements
and enemy of the state;
a.2. Routine intelligence reports;
a3. Plans of government projects such as land development, hydro-
electric schemes, road development or development of areas, etc.;
a.4. Technical matter not of major importance but which has distinct
police value or requires protection, new weapons calculated to
influence minor tactics, or service test of police equipment of a
standard weapon;
a.5. Police radio frequency and call sign allocations of special
significance or those that are changed frequently for security
reasons;
a,6. Materials and devices relating to communication security;
al. Meteorological information of designated areas;
a.8. Operational and tactical police doctrine or lessons learned in
operation;
a.9. Documents that contain the following elements of information
concerning police troop movements or individual travel, either
directly or by implication, require a classification of "Confidential":
a.9.1. Information or description of unit, movements of non-
operational significance in areas within or adjacent to
operational areas; and
a.9.2. Complete list of tabulation of units combined with and
included under a single shipment for overseas shipment.
The combination of a single unit, its overseas shipment
number and letter, however, is a restricted information.
a.10. Documents or manual containing technical information used for
training in or maintenance of inspection of classified supplies on
police operations;
ail. Police maps, charts, photomaps and air photographs, the details of
which do not warrant Secret classification;
a.12. Matters, investigations and documents of a personal and
disciplinary nature, the knowledge of which is desirable to
safeguard for administrative reasons;
2.13_ Ground photographs, negatives, photostats, diagrams, or models of
matters deemed to be classified as confidential;
a.14. Certain compilation of restricted data or items which individually
may be classified restricted, but the aggregation of which enhances
or increases their security values;
2.15. Identification of individual casualties prior to release of official
notification to the next of kin by the Director for Personnel and
Records Management, PNP;
a.16. Material or information that tends to further enemy propaganda or
glorify the achievements of personalities;
3,17. Extreme losses in material or personnel;
a.18. Cases of extreme breaches of discipline;
a.19. False, misleading, or unauthenticated statements about police or
personal affairs;
3,20. Identification of personnel being investigated for misconduct,
anomaly or fraud prior to the filing of appropriate court charges or
completion of the findings of boards created for such purpose;
a.21. Roster of police troops (officers and non-officers). This includes list
of police personnel with respective rank, designation and
assignment;
a22. Expenditures on police core functions related to ISO activities; and

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a.23. Program of Expenditure (POE) related to any plans, programs, and
activities (PPAs) of major PNP offices/units.

4) Restricted — information and material (other than Top Secret, Secret or


Confidential) that should not be published or communicated to anyone except
for official purposes shall be classified as "Restricted",

a) The following are examples of material that normally will be graded


"Restricted".

at Training and technical documents for official use only or not


intended for release to the public;
a.2. Routine information relating to supply and procurement;
a,3, Maps and aerial photographs of remote areas not impqrtant or
related to security. Said maps and photographs will be graded in
accordance with actual details shown thereon;
a.4. Ground photographs, negatives, diagrams on models of Restricted
Matter;
a5. Daily reports and strength returns except those of intelligence units
that may warrant a higher classification;
a.6. Non-tactical radio frequencies and call signs such as those used for
training purposes;
a.T. All PNP publications prescribing policies and procedures not
classified as Top Secret, Secret, or Confidential; and
a.8. Orders, communications, reports and other documents concerning
police troop movements that need not be classified any higher if the
classified elements of information and unit designations are not
included therein and reference to the movement is made by
shipment or by main number.

b) Unclassified matter or information, but considered to be official, shall not


be uploaded, posted or disseminated on the Internet or through other ICT
devices without prior authorization from the Chief, PNP as recommended
by the Director for Intelligence (DI).

c) Any unofficial information, regardless of its genuineness (edited or


authentic) or form (digital document, photograph, sound, video, etc.) shall
not be uploaded, posted or disseminated on the Internet or through other
ICT devices if it will jeopardize the integrity of the PNP organization.
Hence, the following materials are strictly not allowed for recording,
uploading, posting or dissemination on the Internet or through other ICT
devices:

c.1. Photographic or video material showing a member or members of


the PNP performing an illegal act like hazing, torture, illegal-
gambling, and etc.;
c.2. Photographic or video material showing a member or members of
the PNP in a disturbing or embarrassing situation;
c.3. Pornographic material or similar information that shows or details a
sexual activity or lewdness;
c.4. Pirated software and other information that would infringe the
intellectual property rights of any individual or person;
c.5. Election campaign slogan or other similar information or material
intended for political activities;
c..6 information or material that would induce or incite criminal acts; and

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c.7 Other information or material that would violate existing laws and
pertinent policies, rules and regulations issued by the PNP and the
National Police Commission (NAPOLCOM).

d) Upon approval of this Memorandum Circular, all postings or publications


as results of prior acts that will fall under the purview of this policy should
be removed from the Internet and other ICT devices.

a) A member of the PNP is exempted from the prohibition in paragraph c2,


in cases where the exemptions provided under R.A. 9995 (Anti-Photo and
Video Voyeurism Act of 2009) are applicable.

f) Likewise, all PNP personnel, acting on their own personal capacity, are
allowed to record, upload, post, or disseminate information on the Internet
or through other ICT devices, provided that such information is not in any
way related to the PNP.

7. ADMINISTRATIVE SANCTION:

Any violation of the provisions of this Memorandum Circular shall be dealt with
administratively, with severe penalties, in accordance with the provisions of
NAPOLCOM MC 2007-001, Republic Act No. 6713, and other applicable laws, rules
and regulations.

8 RESCISSION:

All PNP policies, directives and other issuances that are inconsistent with the
provisions of this Memorandum Circular are hereby deemed rescinded or modified
accordingly.

9. EFFECTIVITY:

This Memo Circular shall take effect fifteen (15) days from the filing of a copy hereof
at the University of the Philippines Law Center in consonance with Sections 3 and 4 of
Chapter 2, Book VII of Executive Order No. 292, otherwise known as "The Revised
Administrative Code of 1987", as amended.

NICANOR A ARTOLOME, CSEE


Police Direct° General
Chief, PNP
CPNP Ltr 12 5048024
Distribution: 11 HI II II I I I
D-Staff/DIPOs AIG, IAS C, HRAO 5048024
Dirs, NSUs Dir, CPSM DTC, AIDSOTF
RDs, PROs C, WCPC

Copy Furnished:
Command Group
PCTC
SPA to SW

ISO 8001:2008
CZNYWICATIMUUMERAJMOIANPKW
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"lb Serve and Protect."

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