Andrea Ivanne D.

Panganiban-Mabborang Practicum – Paper Report #1

Interviewer: Andrea Ivanne D. Panganiban-Mabborang

Interviewee: PMAJ Roy C Mateo and PSMSg Neson Galvan
Station: PS5 Buhangin Police Station
Date: August 30, 2019

I. Procedure in recording and making police blotters

Law Actual Practice
PHILIPPINE NATIONAL POLICE According to PSMSg Galvan:
HANDBOOK (PNPM-DO-DS-3-2-13 “Ang "police blotter" ay hindi isang
complaint o pagsasampa ng kaso sa
REVISED PHILIPPINE NATIONAL POLICE korte. Ang police blotter ay ang
OPERATIONAL PROCEDURES pagrereport sa pulis o pagrerecord sa
pulis ng anumang gawain na may
RULE 17. MAINTENANCE OF POLICE kinalaman o may relasyon sa isang
BLOTTER krimen upang magamit ito sa
pagsasampa ng kaso sa korte. Ang
17.1 Police Blotter police blotter ay pwedeng magamit na
evidence upang patunayan na kaagad
Each PNP operating unit shall maintain na isinumbong at narecord sa pulis ang
an official police blotter where all types mawitness na gawain na may
of operational and undercover kinalaman o relasyon sa krimen. Pwede
dispatches shall be recorded containing itong gamitin bilang direct evidence na
the five “Ws” (who, what, where, when nagtuturo sa mga gumawa ng krimen at
and why) and one “H” (how) of an sa krimen mismo o kaya ay bilang
information. circumstantial evidence bilang suporta
sa iba pang evidence na nakalap ng
A Police blotter is a logbook that contains pulis.”
the daily registry of all crime incident
reports, official summaries of arrest, and Buhanging Police Station (PS 5) has a
other significant events reported in a assigned desk officer, who makes the
police station. police blotter. First, they give the
complainant a blotter form, where the
17.2 Police Blotter for Cases involving complainant writes the 5Ws and 1H
Women and Children A separate Police (What, When, Where, Who, Why and
Blotter, however, shall be maintained for How) of the incident. Then, the desk
crime incident reports involving violence officer will interview the complainant to
against women and children and those clarify the facts, encode it and furnishes
cases involving a child in conflict with the the complainant a copy of the blotter.
law to protect their privacy pursuant to
Republic Act (RA) 9262 (Anti-Violence PS5 follows this procedure:
Against Women and Children Act of
2004) and RA 9344 (Juvenile Justice and REQUEST TO RECORD COMPLAINTS
Welfare Act of 2006), respectively. INCIDENTS OR ANY OTHER EVENTS IN
THE POLICE BLOTTER
17.3 Crime Incident Reporting System

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(CIRS) 1. Complainant/reporter should

appear personally before the station
Each PNP operating unit shall also to formally put into his/her
maintain and utilize the PNP Crime complaints into the Police Blotter
Incident Reporting System (CIRS), an bby the Desk Officer.
electronic reporting system that 2. If such complaint involves a youthful
facilitates crime documentation, offender or any circumstances
modernizes data storage and provides concerning child abuse, exploitation
quick and reliable transmission of crime and discrimination or any other
information from lower units and NOSUs related incident of sexual abuses
of the PNP to the National Headquarters the documentation of such
at Camp Crame, Quezon City. complaint should be recorded in the
Women and Children Desk (WCD)
17.4 Blotter Procedure Section of the Office for
confidentiality of records in
Before entry into the blotter book, the compliance with PD 603 and RA
Duty Officer (DO) should first evaluate if 7610 IRR Section23.
the report is a crime incident, arrest 3. Police Assistance will be dispatched
or event/activity, which is for records immediately if the complaint has a
purposes only. If the report is a crime cause for the immediate arrest of
incident, the DO shall fi rst accomplish the respondent/Suspect.
the

Incident Record Form (IRF) from which

the entry in the blotter book and IRS
shall be extracted. All other reports shall
be recorded directly to the blotter book.
(PNP SOP No. 2012-001 “Incident
Recording System”)

II. Conduct of field investigations

Law Actual Practice
PHILIPPINE NATIONAL POLICE MANUAL The conduct of field investigation is a
PNPM – DIDM – DS – 9 – 1 technique used by an investigator during his
follow-up operation to fully determine the
CRIMINAL INVESTIGATION MANUAL circumstances surrounding behind a
(REVISED) 2011 particular incident or crime. This is where
the investigator gathers facts, information
CRIMINAL INVESTIGATION – It is the and pieces of evidence on the crime
collection of facts in order to accomplish the transpired so as to identify the possible
three-fold aims – to identify the guilty party; suspect/s and the motive.
to locate the guilty party; and to provide
evidence of his (suspect) guilt.

CRIMINAL INVESTIGATOR – A public safety

officer who is tasked to conduct the
investigation of all criminal cases as provided

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for and embodied under the Revised Penal

Code/Criminal Laws and Special Laws which
are criminal in nature. A well trained,
disciplined and experienced professional in
the field of criminal investigation duties and
responsibilities.

INVESTIGATOR/OFFICER – Shall refer to any

law enforcement personnel belonging to the
duly mandated law enforcement agencies
(LEA) tasked to enforce Republic Act 9208
such as officers, investigators and agents of
the Philippine National Police, National
Bureau of Investigation, Bureau of
Immigration.

1.2 PROTOCOLS IN INVESTIGATION

Protocol 1: Jurisdictional Investigation by the

Territorial Unit Concerned The Police
Station, which has territorial jurisdiction of
the area where the crime incident was
committed, shall immediately undertake the
necessary investigation and processing of
the crime scene, unless otherwise directed
by higher authorities for a certain case to be
investigated by other units/agency.

III. Conduct of arrests (warrantless or by virtue of a warrant)

Law Actual Practice
Rules of Court-RULE 113 Police officers strictly follow the rules on
arrest under Rule 113 of the Rules of court
Arrest because violations of the rules can invalidate
the arrest made and they can be sanctioned,
Section 1.Definition of arrest. — Arrest is the depending on negligence committed by the
taking of a person into custody in order that arresting officer/s.
he may be bound to answer for the
commission of an offense. (1) The warrants of arrest are kept in the Police
Station. These are presented to the person
Section 2.Arrest; how made. — An arrest is arrested by virtue of the warrant of arrest, in
made by an actual restraint of a person to be the earliest instance to inform him of the
arrested, or by his submission to the custody offense charged against him.
of the person making the arrest.
Very important provisions in actual
No violence or unnecessary force shall be practice:
used in making an arrest. The person Section 5.Arrest without warrant; when
arrested shall not be subject to a greater lawful. — A peace officer or a private person

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restraint than is necessary for his detention. may, without a warrant, arrest a person:
(2a)
(a)When, in his presence, the person
Section 3.Duty of arresting officer. — It shall to be arrested has committed, is
be the duty of the officer executing the actually committing, or is attempting
warrant to arrest the accused and to deliver to commit an offense;
him to the nearest police station or jail
without unnecessary delay. (3a) (b)When an offense has just been
committed, and he has probable
Section 4.Execution of warrant. — The head cause to believe based on personal
of the office to whom the warrant of arrest knowledge of facts or circumstances
was delivered for execution shall cause the that the person to be arrested has
warrant to be executed within ten (10) days committed it; and
from its receipt. Within ten (10) days after
the expiration of the period, the officer to (c)When the person to be arrested is
whom it was assigned for execution shall a prisoner who has escaped from a
make a report to the judge who issued the penal establishment or place where
warrant. In case of his failure to execute the he is serving final judgment or is
warrant, he shall state the reasons therefor. temporarily confined while his case
(4a) is pending, or has escaped while
being transferred from one
Section 5.Arrest without warrant; when confinement to another.
lawful. — A peace officer or a private person
may, without a warrant, arrest a person: Section 6.Time of making arrest. — An arrest
may be made on any day and at any time of
(a)When, in his presence, the person the day or night
to be arrested has committed, is
actually committing, or is attempting
to commit an offense;

(b)When an offense has just been

committed, and he has probable
cause to believe based on personal
knowledge of facts or circumstances
that the person to be arrested has
committed it; and

(c)When the person to be arrested is

a prisoner who has escaped from a
penal establishment or place where
he is serving final judgment or is
temporarily confined while his case
is pending, or has escaped while
being transferred from one
confinement to another.

In cases falling under paragraph (a) and (b)

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above, the person arrested without a

warrant shall be forthwith delivered to the
nearest police station or jail and shall be
proceeded against in accordance with
section 7 of Rule 112. (5a)

Section 6.Time of making arrest. — An arrest

may be made on any day and at any time of
the day or night. (6)

Section 7.Method of arrest by officer by

virtue of warrant. — When making an arrest
by virtue of a warrant, the officer shall
inform the person to be arrested of the
cause of the arrest and of the fact that a
warrant has been issued for his arrest,
except when he flees or forcibly resists
before the officer has opportunity to so
inform him, or when the giving of such
information will imperil the arrest. The
officer need not have the warrant in his
possession at the time of the arrest but after
the arrest, if the person arrested so requires,
the warrant shall be shown to him as soon as
practicable. (7a)

Section 8.Method of arrest by officer

without warrant. — When making an arrest
without a warrant, the officer shall inform
the person to be arrested of his authority
and the cause of the arrest, unless the latter
is either engaged in the commission of an
offense, is pursued immediately after its
commission, has escaped, flees or forcibly
resists before the officer has opportunity so
to inform him, or when the giving of such
information will imperil the arrest. (8a)

Section 9.Method of arrest by private

person. — When making an arrest, a private
person shall inform the person to be
arrested of the intention to arrest him and
cause of the arrest, unless the latter is either
engaged in the commission of an offense, is
pursued immediately after its commission,
or has escaped, flees, or forcibly resists
before the person making the arrest has

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opportunity to so inform him, or when the

giving of such information will imperil the
arrest. (9a)

Section 10.Officer may summon assistance.

— An officer making a lawful arrest may
orally summon as many persons as he
deems necessary to assist him in effecting
the arrest. Every person so summoned by an
officer shall assist him in effecting the arrest
when he can render such assistance without
detriment to himself. (10a)

Section 11.Right of officer to break into

building or enclosure. — An officer, in order
to make an arrest either by virtue of a
warrant, or without a warrant as provided in
section 5, may break into any building or
enclosure where the person to be arrested is
or is reasonably believed to be, if he is
refused admittance thereto, after
announcing his authority and purpose. (11a)

Section 12.Right to break out from building

or enclosure. — Whenever an officer has
entered the building or enclosure in
accordance with the preceding section, he
may break out therefrom when necessary to
liberate himself. (12a)

Section 13.Arrest after escape or rescue. —

If a person lawfully arrested escapes or is
rescued, any person may immediately
pursue or retake him without a warrant at
any time and in any place within the
Philippines. (13)

Section 14.Right of attorney or relative to

visit person arrested. — Any member of the
Philippine Bar shall, at the request of the
person arrested or of acting in his behalf,
have the right to visit and confer privately
with such person in the jail or any other
place of custody at any hour of the day or
night. Subject to reasonable regulations, a
relative of the person arrested can also
exercise the same right. (14a)

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IV. Conduct of inquest proceedings

Law Actual Practice
Section 6 is called INQUEST PROCEEDINGS, An arrested person who allegedly committed
related to Rule 113, Section 5 [a] and [b] on a particular crime should be brought to the
warrantless arrest. Inquests proceedings office of the prosecution immediately along
follow in cases where persons are arrested with the pieces of evidence, including the
without the benefit of an arrest order or testimonial evidence for summary inquest
warrant, or are caught in the act of procedure before the prescribed period of
committing a criminal offense. his detention ends. In this proceeding, the
assigned prosecutor will review the
Only offenses that would require preliminary submitted documents for the resolution of
investigation will have to go through the case.
inquest. Those not requiring preliminary
investigation need not go through an inquest
proceeding.

An inquest is an informal and summary

investigation conducted by a public
prosecutor in a criminal case involving
persons arrested and detained without the
benefit of a warrant of arrest issued by the
court for the purpose of determining
whether said persons should remain under
custody and correspondingly charged in
court. (Section 1, DOJ Circular No. 61)

Rule 113 Sec. 6. When accused lawfully

arrested without warrant. – When a person
is lawfully arrested without a warrant
involving an offense which requires a
preliminary investigation, the complaint or
information may be filed by a prosecutor
without need of such investigation provided
an inquest has been conducted in
accordance with existing rules. In the
absence or unavailability of an inquest
prosecutor, the complaint may be filed by
the offended party or a peace officer directly
with the proper court on the basis of the
affidavit of the offended party or arresting
officer or person.

Before the complaint or information is filed,

the person arrested may ask for a
preliminary investigation in accordance with

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this Rule, but he must sign a waiver of the

provision of Article 125 of the Revised Penal
Code, as amended, in the presence of his
counsel. Notwithstanding the waiver, he
may apply for bail and the investigation
must be terminated within fifteen (15) days
from its inception.

After the filing of the complaint or

information in court without a preliminary
investigation, the accused may, within five
(5) days from the time he learns of its filing,
ask for a preliminary investigation with the
same right to adduce evidence in his defense
as provided in this Rule.

V. Preparation and filing of Affidavit-Complaints

Law Actual Practice
RULE 110 In a particular case, the investigator will
chronologically organized the series of
Prosecution of Offenses events as to what exactly transpired during
the commission of the crime by
Section 1.Institution of criminal actions. — interrogating the victim the put it into
Criminal actions shall be instituted as follows: written sworn statement and must be
subscribed before the office of the city
(a)For offenses where a preliminary prosecutor before filing.
investigation is required pursuant to section 1
of Rule 112, by filing the complaint with the
proper officer for the purpose of conducting
the requisite preliminary investigation.

(b)For all other offenses, by filing the

complaint or information directly with the
Municipal Trial Courts and Municipal Circuit
Trial Courts, or the complaint with the office
of the prosecutor. In Manila and other
chartered cities, the complaint shall be filed
with the office of the prosecutor unless
otherwise provided in their charters.

The institution of the criminal action shall

interrupt the running period of prescription
of the offense charged unless otherwise
provided in special laws. (1a)

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VI. Custody and preservation of evidence

Law Actual Practice
Chain of Custody under the Criminal After presenting all the pieces of physical
Investigation Manual evidence gathered on the crime scene by the
investigator to the inquest fiscal during
A list of all persons who came into summary inquest procedure, these will all be
possession of an item of evidence, continuity sealed and marked before it will be properly
of possession, or the chain of custody, must turned-over to the station property
be established whenever evidence is custodian personnel for safekeeping and will
presented in court as an exhibit. Adherence be the same presented if required by the
to standard procedures in recording the court.
location of evidence, marking it for
identification, and properly completing
evidence submission forms for laboratory
analysis is critical to chain of custody. Every
person who handled or examined the
evidence and where it is at all times must be
accounted for.

As a rule, all seized evidence must be in the

custody of the evidence custodian and
deposited in the evidence room or
designated place for safekeeping.

Proper handling of physical evidence is

necessary to obtain the maximum possible
information upon which scientific
examination shall be based, and to prevent
exclusion as evidence in court. Specimens
which truly represent the material found at
the scene, unaltered, unspoiled or otherwise
unchanged in handling will provide more
and better information upon examination.
Legal requirements make it necessary to
account for all physical pieces of evidence
from the time it is collected until it is
presented in court. With these in mind, the
following principles should be observed in
handling all types of evidence:
1. The evidence should reach the laboratory
in same condition as when it was found, as
much as possible.
2. The quantity of specimen should be
adequate. Even with the best equipment
available, good results cannot be obtained
from insufficient specimens.

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3. Submit a known or standard specimen for

comparison purposes.
4. Keep each specimen separate from others
so there will be no intermingling or mixing of
known and unknown material. Wrap and
seal in individual packages when necessary.
5. Mark or label each of evidence for positive
identification as the evidence taken from a
particular location in connection with the
crime under investigation.
6. The chain of custody of evidence must be
maintained.
Account for evidence from the time it is
collected until it is produced in court. Any
break in this chain of custody may make the
material inadmissible as evidence in court.

VII. Presentation of testimonial, documentary and object evidence in court

Law Actual Practice
Rule 132 governs the manner by which The presentation will be the designated
Testimonial and Documentary evidences are prosecutor and it will be offered to the court
to be presented in Court. as exhibits.

Principles in the presentation of evidence by

the parties:

a) A case is won or lost depending upon how

effective was the presentation of evidence,
particularly as to what evidence were
presented and how they were presented

b). Parties should be allowed a certain

latitude in the presentation of their evidence
otherwise they might be so hampered that
the ends of justice may eventually be
defeated or appear to be defeated. The
court should not limit the evidence to be
presented.

c). The parties should be allowed to maintain

their own way or style of presenting
evidence when these can be done without
injury to the speedy disposition of the case
and to the best interest of the
administration of justice

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d) The court should liberally receive all

evidence offered in the trial to be able to
render its decision with all the possibly
relevant proof in the record and to assure
the appellate court to have a good judgment
and to obviate remanding the case for re-
trial or reception of evidence

VIII. Procedure in cases involving children in conflict with law

Law Actual Practice
PHILIPPINE NATIONAL POLICE If a child commits a crime, this office will
MANUAL immediately take custody of the child.
PNP-NSU-24-1-16 (WCPC) Call the parents/guardians of the child and
MANUAL IN HANDLING CASES OF CHILDREN inform them the situation.
AT RISK AND CHILDREN IN CONFLICT Secure the birth certificate of the child.
WITH THE LAW Police officers will actively assist in
conducting initial investigation.
Procedures in apprehending a CICL. The Call the social worker for discernment of the
following procedures shall be observed in child.
conducting initial contact: Social worker will submit to this office initial
a. The apprehending officer shall identify determination of discernment.
himself/herself to the child and shall Prepare necessary documents for filing of
introduce herself/himself as kuya or ate to the case.
the child and show his her proper After the case has been filed in court,
identification card as a police officer. endorse the CICL to Bahay Pag-asa for
intervention.
b. If the apprehending officer is wearing a
vest or a jacket while in uniform, she/he
shall show her/his nameplate and/or badge
to the child.

c. If the apprehending officer is in civilian

clothes, he/she shall show his/her
identification card.

d. The apprehending officer shall conduct

the search of the child in a friendly, non-
degrading and gender-sensitive manner. A
female child shall only be searched by a
female police officer

Where a Child is Taken into Custody by a

Private Citizen or Police Officer

Where a CICL is apprehended by a private

citizen or by a law enforcement officer and is
turned over to the police station, the

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following procedures shall be followed:

a. The physical custody of the CICL shall be

received by the WCPD officer.
If the WCPD officer is on call, the responding
officer shall immediately call for the WCPD
officer and ensure that the rules and
procedures in Section 4-5 and Section 4-6
are observed.

b. The WCPD Officer shall take custody of

the CICL, with the following requirements:
1) Result of physical examination or medical
certificate.

2) Duly filled Initial Contact Report Form in

Annex B; and
3) Affidavit of Apprehension prepared and
signed by the apprehending officer or
private citizen.
c. Verify the veracity of the physical or
medical examination taking to mind that the
child can still be subjected to abuse between
the physical examination and the turnover of
custody. If the child is abused, the WCPD
officer shall follow the procedures in Section
5-2.6 and in Section 5-2.7 during the initial
investigation.
d. If the CICL is brought to the station by a
private citizen and the CICL has not been
subjected to physical and medical
examination, the WCPD Officer shall:
1) Immediately bring the child to a
medical professional for physical
examination. The WCPD officer shall
fill out the referral letter form
in Annex F with the attached
feedback form in Annex G;
2) Maintain a safe distance from the
child and the medical
professional while the latter
conducts the examination so as to
respect and promote the privacy of
the child;
3) Interview the private citizen who
apprehended the child and assist
him in filling out the Initial Contact

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Report Form in Annex B;

4) Assist the private citizen in
drafting the affidavit of
apprehension
and ask the private citizen to sign
such affidavit;
5) Take custody of the child; and
6) Proceed to Initial Investigation as
provided in Chapter 5.
All apprehensions involving CICL shall be
referred to the WCPD. The WCPD shall
determine who shall investigate the case in
accordance with Section 5-2.

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As much as Buhangin Police Station (PS 5) is concerned, base on observation and interview on police
officers, they follow what is on the theory or on the black and white mandate of the law in terms of
apprehending law offenders and as to the filing and prosecution of offense as much as possible. As said
by their Station Commander PMAJ Roy Mateo, he really assures that his men will comply with the
requirements and procedures as also permitted by their resources.

PS 5 is a big police station with a great number of police officers. They are one of the luck police stations
who have enough men to be assigned in a particular department within the station. They have a one is
to one ratio as to designation in the station, meaning if you are in the investigation, you are only in
charge with that. Hence, each officer is focused in his work and has a higher chance to achieve desirable
results.

According to PSMSg Galva, they really comply because if they don’t the prosecutor will return what they
passed for whatever proceeding or action. At the end, they will be the one to work in it again and
correct it. Moreover, of course, as what the PNP VMG says, police officers are here to serve and protect.

Compared before, the system in the police station is different and better. Everything is organized and
digital, from blotters to making of affidavit complaints, from manual tips to social media. They are
diligent in complying with reports and documentations. When I was there, one detention prisoner will
be brought to court for his hearing because he wants to be released by posting bail. So from going out of
the detention facility up to boarding in the police car, an assigned police officer takes photos for
documentation.

Article 125 is the only and most common provision that is hard to comply in actual practice, considering
the resources of the police stations as to vehicles and policemen to bring them immediately in the
proper authority. In PS 5, they usually process it immediately. However, sometimes, they do what is
practicable and warranted by their resources. They do it daily by group, to save resources and time.
SUGGESTION/RECOMMENDATION:

I commend, Buhangin Police Station (PS 5) for their organized and efficient services. Honestly, I was
expecting a worst case scenario, but again I was reminded that we here in Davao. I believe it is seldom
that we will encounter corrupt, hardheaded and disobedient policemen in the City due to its strict
implementation of laws, especially in law enforcement.

I suggest that, every police station has enough resources and workforce, so that they can do their works
better than now. Also, I recommend that every policeman should undergo further studies or should
have a continuing education in his specialization, so that he can make his work faster but with quality.
Like for example, policemen that are under the investigation should also be extensively studying in the
processes of the court, the rules and even in making the necessary documents for prosecution of
offenses. In that way, complaint-affidavits will be well written, so it will not be returned to be corrected.
Also, only person who really committed a crime will be apprehended or put in jeopardy or in the other
way around, they can validly arrest the offender; and the interest of equity and justice will be upheld at
all cost.

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Attachments:

After interview and observation, pictorial with PMAJ Roy Mateo, Station Commander of Buhangin Police Station
(PS 5) and PSMSg Nelson Galvan, investigator.

PS 5 Workflow Chart, posted in the entrance of the Station for everybody’s guidance and information.

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PSMSg Galvan’s transcribed answers during the interview.

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