CHAPTER 1 - Week 1 12
CHAPTER 1 - Week 1 12
CHAPTER 1 - Week 1 12
Course Outcomes:
At the end of the course, the students should be able to:
1. Understand the different kinds of police operations.
2. Know the duties and responsibilities of police officers in the conduct of
police operations.
3. Demonstrate the proper conduct of each police operation.
4. Determine whether a certain police operation conducted is legal or not.
5. Appreciate the importance of properly conducting police operations
I. POLICE OPERATIONS
CATEGORIES OF POLICE OPERATIONS
Police operations are categorized as follows:
1. Public Safety Operation- includes Search, Rescue and Retrieval Operations,
Fire Drills, Earthquake Drills and similar operations that promote public safety.
2. Law Enforcement Operation- includes Service of Warrant of Arrest,
Implementation of Search Warrant, Enforcement of Visitorial Powers of the Chief,
Philippine National Police and Unit Commanders, Anti-Illegal Drugs Operation,
Anti-Illegal Gambling Operations, Anti-Illegal Gambling Operations, Anti-Illegal
Logging Operation, Anti-Illegal Fishing Operations, Anti-Carnapping Operations,
Anti-Kidnapping Operations, Anti-Cybercrime Operations and similar operations
that are conducted to enforce laws, statutes, executive orders and ordinances.
3. Internal Security Operation- includes Counter-Insurgency Operations, Counter
Terrorist Operations and similar operations that are conducted to ensure internal
security.
4. Special Police Operation- includes Checkpoint Operation, Roadblock
Operation, Civil Disturbance Management Operation, Police Assistance in the
Enforcement of Demolition Eviction Injunction and Similar Orders, Police
Assistance in the Implementation of Final Court Order and Order from Quasi-
Judicial Bodies, Hostage Situation, Visit Board Search and Seizure Onboard
Marine Vessels and similar police operations that are conducted by police units
with specialized training on the peculiarity of the mission or purpose.
5. Intelligence Operation-includes Surveillance Operation, Counterintelligence,
Intelligence Research, Intelligence Assessment and similar police intelligence
operation conducted to gather information related to security, public safety and
order.
6. Investigation Operation- includes Investigation and similar investigative work
necessary to determine facts and circumstances for filing cases criminally or
administratively.
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Operational Procedures
Pre- Operational Clearance
No police operation shall be conducted without the approval of the
Chief/Commander/Head of the concerned Police Unit/Office. A pre-operational
clearance shall be filed by the Team Leader of the operating team/s prior to the conduct
of the operation and shall be approved by the concerned Police Unit Commander. This
clearance shall be approved by the concerned Police Unit Commander. This clearance
shall be submitted to the operations section/division of the concerned police unit for
record purposes.
Inter-Unit Coordination
1. Personal Coordination or by Official Representative
Team Leader/s (TL) of local police units operating outside their territorial
jurisdiction and National Support Units (NSUs) shall coordinate, personally or
through an official representative, with the Police Regional, Provincial or City
Police Office within whose jurisdiction the operation is to be conducted.
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3. Warning Shots
The police shall not use warning shots during police intervention operations.
Use of Force During Police Operations
1. Use of Excessive Force Prohibited
The excessive use of force during police operation is prohibited. However, in the
lawful performance of duty, a police officer may use necessary force to
accomplish his mandated tasks of enforcing the law and maintaining peace and
order.
2. Issuance of Verbal Warning
The police officer must first issue a verbal warning before he could use force
against an offender. As far as practicable, the verbal warning shall be in the
dialect that is known to the offender or in the national language. Basically, the
verbal warning shall consist of the following: the police officer identifying himself;
his intention; and what he wants the offender to do. If the offender is a foreigner,
the verbal warning shall be done in the English language followed by a
demonstrative act of the police officer’s intent. The verbal warning shall be done
in a loud and clear manner.
3. Non-Issuance of Verbal Warning When Excusable
The failure to issue a verbal warning is excusable in cases where threat to life or
property is already imminent, and there is no other option but to use force to
subdue the offender.
4. Use of Non-Lethal Weapon
When suspects is violent or threatening, and that less physical measures have
been tried and deemed inappropriate, a more extreme, but non-deadly measure
can be used as such as baton/truncheon, pepper spray, stun gun and other
nonlethal weapon to bring the suspect under control or effect an arrest.
5. Application of Necessary and Reasonable Force
During confrontation with an armed offender, only such necessary and
reasonableness force shall be applied as would be sufficient to overcome the
resistance put up by the offender; subdue the clear and imminent danger posed
by him; or to justify the force/act under the principles of self-defense, defense of
relative, or defense of stranger.
6. Factors to Consider in the Reasonableness of the Force Employed
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A police officer, however, is not required to afford offender/s attacking him the
opportunity for a fair or equal struggle. The reasonableness of the force
employed will depend upon the number of aggressors, nature and characteristic
of the weapon used, physical condition, size, and other circumstances to include
the place and occasion of the assault. The police is given the sound discretion to
consider these factors in employing reasonable force.
7. Responsibility of the Police Officer in Charge of the Operation
The police officer who is in charge of the operation shall, at the times, exercise
control over the police personnel in the area of operation, and shall exhaust all
possible means to apply the necessary and reasonable force to protect lives and
properties during the armed confrontation.
Use of Firearm During Police Operations
1. Use of Firearm When Justified
The use of firearm is justified if the offender poses imminent danger of causing
death or injury to the police officer or any other persons. The use of firearm is
also justified under the doctrines of self-defense of a relative, and defense of
stranger. However, one who resorts to self-defense must face a real threat on his
life, and the peril sought to be avoided must be actual, imminent, and real.
Unlawful aggression should be present for their self-defense to be considered as
justifying circumstance.
2. Firing at Moving Vehicles Prohibited but with Exceptions
A moving vehicle shall not be fired upon except when its occupants pose
imminent danger of causing death or injury to the police officer or any other
person, and that the use of firearm does not create danger to the public and
outweigh the likely benefits of its non-use.
3. Parameters to be Considered in Firing at Moving Vehicles
In firing at moving vehicle, the following parameters should be considered:
a. The intent of the suspect/s to harm the police officer or other persons.
b. The capability of the suspect/s to harm with certainty the police officer or
other persons; and
c. Accessibility or proximity of the suspects/s from the police officer and
other purposes.
4. Filing of an Incident Report after the Use of Firearm
A police officer who is fires his/her service firearm or weapon during a
confrontation with an offender or offenders must submit an incident report
outlining the circumstances necessitating the use of firearm.
5. Procedures After an Armed Confrontation
Immediately after an armed confrontation, the officer who is in charge of the
operation shall:
a. Secure the site of confrontation;
b. Take photographs;
c. Check whether that situation still poses imminent danger;
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(EODT). On-lookers must be promptly led to a safe distance away from the
scene.
12. When responding to calls from owners or beer houses, bars or inns or any other
similar establishments during nighttime, request the owner to put lights on first
before entering establishments.
13. Do not attempt to arbitrate and resolve conflicts/differences between neighbors,
landlords/tenants, husband, and wife.
Spot Checks/Accosting and Pat-Down Searches
Ground for Spot Check/Search
1. Spot Check/Accosting.
The police officer may stop an individual for the purpose of conducting a spot
check/accosting only when reasonable suspicion exists. Reasonable suspicion
must be more than just a hunch or feeling. In justifying the stop, the police officer
must be able to point to specific facts that, when taken together with rational
inferences, reasonably warrant the stop. Such facts include, but are not limited
to, the following:
a. The appearance or demeanor of the individual suggests that he is part of
a criminal enterprise or is engaged in a criminal act;
b. The actions of the individual suggest that he is engaged in a criminal
activity;
c. Questionable presence of the individual in the area;
d. The subject is carrying a suspicious object;
e. The suspect’s clothing bulges in a manner that suggests he is carrying a
weapon ;
f. The suspect has been found in the time and place proximate to an alleged
crime;
g. The police officer has knowledge of the suspect’s prior criminal record or
involvement in a criminal activity; and
h. The individual flees at the sight of a police officer.
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d. Prior knowledge by the police officer of the suspect’s use of force and/or
propensity to carry deadly weapons;
e. The appearance and demeanor of the suspect;
f. Visual indications suggesting that the suspect is carrying a firearm or other
deadly weapon; and
g. Whenever possible, pat-down searches should be performed by police
officers at the same gender.
Procedures and Guidelines
1. Spot Check/Accosting
a. When approaching the individual, the police officer shall clearly identify
himself as a police officer. If not in uniform, the police officer must identify
himself by announcing his identity and displaying official identification card
and/or badge.
b. Police officers shall be courteous all time but maintain caution and remain
vigilant for suspicious movements like attempting to retrieve weapon,
conceal or discard contraband, or other similar actions.
c. Before approaching more than one individual, police officers should
determine whether the circumstances warrant a request for back-up and
whether the spot check/accosting can and should be delayed until such
back-up arrives.
d. Police officers shall continue their questions as to the person’s identity,
place of residence, and other inquiries necessary to resolve the police
officer’s suspicion. However, in no instance shall police officer hold a
person no longer than the period reasonably necessary to be able to make
these limited inquiries and to relive suspicions.
e. Police officers are not required to inform the person of his rights under the
law (i.e. Miranda Warning, Anti-Torture law, etc.) unless the person is
placed under arrest.
2. Body Frisk/Pat-Down Searches
When reasonable suspicion justifies a pat-down search, the search should be
performed with due caution, restraint, and sensitivity. Pat-down searches should
be conducted in the following manner:
a. Whenever possible, pat-down searches should be conducted by at least
two (2) police officers, one to perform the search while the other provides
protective cover.
b. Because pat-down searches are cursory in nature, they should be
performed with the suspect in a standing position, or with hands placed
against a stationary object, and feet spread apart. However, should an
officer visually observe weapon, a more secure search position may be
used like the prone (lying face down) position.
c. In a pat-down search, officers are permitted only to feel the outer clothing
of the suspect. Police officers may not place their hands inside the
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pockets of the subject’s clothing unless they feel an object that could
probably be a weapon, such as a gun, knife, club, or the like.
d. If the suspect is carrying an object such as handbag, suitcase, briefcase,
sack, or other similar items that may conceal a weapon, the police put in a
place out of the suspects reach.
e. If the external patting of the suspects clothing fails to disclose evidence of
a weapon, no further search may be made. If a weapon is found and the
possession of which amounts to a violation of the law, the police officer
shall arrest the suspect and conduct a complete search of his person.
Reporting after the Spot Check/Accosting or Pat-Down Search
If after the conducting a spot check/accosting or pat-down search, the police officer
has no basis for making an arrest, he should record the facts of such spot
check/accosting or pat-down search and forward a report to the appropriate authority. If
the spot check/accosting or pat-down search gives a justification for a valid warrantless
arrest, then an arrest shall be made.
Checkpoints
Authority to Establish Checkpoints
Checkpoint is a place where the police check vehicular/pedestrian traffic in order to
enforce circulation control measure and other laws, orders, and regulations. The
establishment of checkpoints must always be authorized by the Head of Office of the
Territorial PNP Unit and manned by uniformed PNP Personnel. Other units directly
involved in an operation may establish mobile checkpoints in coordination with the Unit
Commander in the area.
Composition
In the conduct of checkpoint, the checkpoint team shall be composed of, but not limited
to, the following:
1. Team Leader (TL)- shall led and take responsibility in the conduct of checkpoint
preferably an officer with the rank of at least Police Lieutenant.
2. Spotter- PNP personnel who will point/profile suspected vehicle subject for
checkpoint.
3. Spokesperson- TL or member who is in charge of communicating with the
motorist’s subject for checkpoint.
4. Investigation Sub-team- in charge of investigation and documentation of
possible incidents in the checkpoint to include issuance of Traffic Citation Ticket
(TCT) or Traffic Violation Report (TVR).
5. Search/Arresting Sub-Team- designated to conduct search, seizure and arrest,
if necessary;
6. Security Sub-Team- tasked to provide security in the checkpoint area; and
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“Stop, Police Checkpoint” if available, indicating also the name of the concerned
police office/unit conducting the operations, will be used for the purpose;
2. In the case PNP personnel conducting Internal Security Operation (ISO) or foot
patrol, where a vehicle and collapsible signage is not readily available, the
checkpoint shall be manned initially by the said personnel;
3. The team shall immediately inform Higher Headquarters of the exact location of
the hasty Checkpoint to include personnel involved and available equipment;
4. In a hasty checkpoint, where there is possibility of high-risk stop and high-risk
arrest, and there is an urgency for troop deployment and that public safety might
be at risks, the participation of the civilian component and the presence of the
media in the checkpoint operation shall not be allowed;
5. The Unit Commander of the personnel manning the hasty checkpoint shall
immediately send additional personnel, equipment and signage to the area in
order to convert the Hasty Checkpoint into a Regular Checkpoint; and
6. As soon as the Hasty Checkpoint is converted into a Regular Checkpoint, TL
shall follow the earlier stated procedures.
General Procedure to be Followed When Checkpoints are Ignored
When checkpoints are ignored, the following shall be observed:
1. In the event that checkpoints/roadblocks are ignored, and motorists/suspects
bump the roadblock in an attempt to elude arrest (makaiwas sa pag aresto) or
avoid inspection, the TL shall immediately contact adjacent units to inform them
of the situation so that these units can conduct dragnet operation or police
defensive roadblock, while the members of the blocking/pursuing team shall
block or pursue the errant fleeing motorists;
2. Warning shots shall not be allowed due to the confusion it may create for the
driver and passengers of the vehicle. Megaphones or police sirens shall be used
instead during the pursuit. The plate number of the vehicle shall be noted and
given to other units in adjacent areas to prevent the possibility that the vehicle
may elude the pursuit operations; and
3. In the event that the occupants of the vehicle open fire on the personnel manning
the checkpoint, reasonable force to overcome the suspect’s aggression may be
employed.
Procedure in Flagging Down or Vehicles While in Mobile Car
This rule is a general concept and will not apply in hot pursuit operations. The
mobile car crew shall undertake the following, when applicable:
1. Call Headquarters to provide information on make or type and plate number of
the motor vehicle to be accosted and, if possible, identity the occupants;
2. State the reason (s) for the planned intervention of the suspected motor vehicle;
3. Give the mobile car’s location and its direction before making actual intervention;
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4. Try to get alongside the suspects’ vehicle and check the occupants without
alarming them of your purpose. You can even overtake the vehicle and wait for it
at an advantageous location before stopping the suspect’s vehicle;
5. Determine whether the suspects are hostile or not;
6. Make known to the suspect that you are after them through the use of a siren or
megaphone;
7. Instruct the driver to pull over (itabi) or stop on the side of the road;
8. Park behind the suspect’s vehicle at an appropriate distance and cautiously
approach the vehicle on the driver’s side;
9. If the vehicle’s window are heavily tinted and the occupants cannot be seen,
instruct the driver to open all window’s to have clear view of the interior of the
vehicle;
10. Instruct the driver to turn off the ignition, if this was not done when the vehicle
stopped; in case of motorcycle instruct the driver to remove the key and
disembark; (bumababa)
11. The other members of the team must be on guard for any eventuality while the
vehicle is being approached;
12. Talk to the driver in a most courteous manner and inform him of the nature of his
violation. Demand to see the driver’s license, photocopies of the certificate of
registration and the official receipt. Examine these documents and counter-check
the driver on the information reflected therein;
13. If it concerns traffic violations, immediately issue a Traffic Citation Ticket (TCT) or
Traffic Violation Report (TVR). Never indulge in prolonged, unnecessary
conversation or argument with the driver or any of the vehicle’s occupants;
14. In case of other violations that require the impounding of the vehicle, inform the
driver regarding this situation and instruct him to follow you, after issuing the
TCT/TVR; and
15. Before moving out, inform Headquarters regarding the situation/status and
disposition of the person and motor vehicle accosted.
Dealing with Hostile Situation
The following are the procedures to be followed in dealing with hostile drivers”
1. Stopping Vehicles
a. Follow the procedure stated in number 1-3 in the earlier paragraph;
b. Immediately request for back-up;
c. Follow the suspect and always keep him within visual range;
d. Expect that the suspect will notice your action at any time. Be prepared for
hot pursuit or actual hostile confrontation;
e. If the back-up is already in the vicinity, inform Headquarters that you are
proceeding to accost the suspect;
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f. Inform the suspects that you are after them through the use of siren or
megaphone and instruct the driver to pull over or stop on the side of the
street;
g. Park at an appropriate distance behind the suspect’s vehicle;
h. While the vehicle is being approached, the other members of the crew and
back-up must be on guard for any eventuality. Overreactions or
aggression on the part of the police should be avoided;
i. If the vehicle’s window are heavily tinted and the occupants cannot be
seen, instruct the driver to open all windows for a clear view of the
vehicle’s interior;
j. Direct the driver and other occupants of the vehicle not to make
unnecessary movements and to show their hands outside the car;
k. Instruct the driver to turn off the ignition and toss the key to the ground.
Demand to see the Driver’s License and photocopies of the vehicle’s
certificate of registration and the official receipt. Examine the documents
and counter-check the driver on the information reflected therein; and
l. If there are other suspects aside from the driver, separate them fror one
another.
2. Fleeing Vehicles
a. In the event that the motor vehicle did not stop despite the warning given,
inform Headquarters or adjacent unit’s so that dragnet operations or police
defensive roadblocks can be set-up;
b. Inform Headquarters of the make or type, plate number and color of the motor
vehicle to be accosted including the number of occupants and, if possible,
their identity;
c. State the reason (s) for flagging down the suspected motor vehicle;
d. Give mobile car’s location and it’s direction before making actual intervention;
e. When the vehicle of the suspect is cornered or stopped, instruct the driver
and other occupants in a clear and commanding voice to follow specifically
what you will require of them. Failure on their part to follow will be construed
as a hostile act on their part. Execute instructions on the use of reasonable
force;
f. Instruct the driver to turn off the ignition and toss the key to the ground, open
the door and step out of the vehicle, then instruct him to place his hands on
the top of the vehicle, or to move towards you with his hands up;
g. Instruct other occupants of the vehicle, if any, to come out one by one, and
follow what the driver has been instructed to do earlier;
h. Arrest, handcuff and search the suspects and bring them to Headquarters for
proper disposition; and
i. Before moving out, inform Headquarters about the situation, status and
disposition of the suspects and motor vehicle accosted.
High-Risk Stop and High-Risk Arrest
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1. Initial Stage
Upon receipt of information involving movement of armed person or persons,
either single or in group, including unauthorized movement of government troops,
or in immediate response to a reported commission of crime perpetrated by
armed persons, the PNP shall immediately:
a. Organize appropriate tactical security forces utilizing maximum firepower
and armor assets.
b. Deploy the security forces to stopping zones in defensive position.
c. Seal off the area and establish strong roadblocks/barricades.
2. Effecting a High-Risk Stop
When effecting high-risk stop, the police officer shall:
a. Exert utmost effort to persuade the suspects to halt or stop their
movement.
b. Start with the procedural conduct of regular warrantless arrest where
arrest is inevitable.
c. Ensure proper documentation of the process.
d. Respect the rights of all the persons involved.
3. During Violent Stage
The PNP shall strictly adhere to the PNP Operational Procedure (POP),
particularly on the use of force.
Police Defensive Roadblock
Police Defensive Roadblock is a temporary installation or hastily built barricade set
for halting traffic to facilitate the apprehension/neutralization of an armed
person/suspect onboard a motor vehicle.
a. Pre-Conditions in Establishing Police Defensive Roadblocks:
A police defensive roadblock may be established in any of the following
conditions/situations:
1. The object vehicle/s must be subject of a recent flash alarm;
2. The driver/occupants of the vehicle are presumed hostile and will not stop at the
checkpoint;
3. The vehicle disregarded a police-established checkpoint when flagged down;
4. The identified vehicle and occupants must be subject of a police case/combat
operational plan;
5. There is unauthorized troop movement: or (6) There must be validated
information on any of the following:
a. On-going hot pursuit/police chase;
b. Movement of suspected armed persons onboard a motor vehicle;
c. Report of suspected armed men who have just committed a crime;
d. Vehicle carrying escaped prisoner; or
e. Armed motorcycle riding criminals.
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1. In the event that the motor vehicle did not stop and it evaded the
roadblock despite the warning given, inform Headquarters or adjacent
units so that another roadblock can be set-up;
2. Fleeing vehicles shall not be fired upon except by sniper but only to
disable the vehicle;
3. Inform Headquarters of the make or type,plate number and color of the
motor vehicle to be accosted including the number of occupants and, if
possible, their identity;
4. State the reason (s) for flagging down the suspected motor vehicle;
5. Give mobile car’s location and its direction before making actual
intervention; and
6. Establish Hot Pursuit Operation.
General Mandate
The PNP shall perform the following:
1. Conduct sustained law enforcement actions against CTM atrocities;
2. In urban areas, the PNP may assume the lead role in ISO against the CTM, other
threat groups and organized crime groups engaged in armed offensives;
3. The PNP units may either operate as a single force or as a part of joint PNP-AFP
combat operations. In both cases, lateral coordination is a must;
4. The PNP units in CTM-affected areas may be placed under Operational Control
(OPCON) of AFP combat operations. In both cases, lateral coordination is a
must;
5. Specific areas where armed confrontations such as encounter, ambush, raid,
liquidation, and other similar atrocities occur between government forces (PNP or
AFP) and the Communist Terrorists (CTs) shall be treated as a crime scene. The
police unit that has jurisdiction over the areas shall conduct the Crime Scene
Investigation (CSI).
Defensive Position
Police Stations, especially those located in fair-flung areas, are priority targets of
attacks. As such, security measures against CT atrocities must be undertaken as
follows:
1. Continuously remind all PNP personnel to be extra vigilant and security
conscious in their day-to-day activities and during troop movements.
2. Duty station guards shall memorize, internalize and put into practice the 11
General Orders of a Duty Guard. Likewise, they shall always carry their issued
long firearms and ammunition rig/bandoliers with basic load.
3. Vigorously implement added security measures in all Police Stations and Police
Community Precincts.
4. Conduct sustained inspection of the operational readiness of PNP field
units/stations.
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5. Always keep in mind the modus operandi, strategies and tactics being
practiced/employed by the CTM and other threat groups.
6. Enhance establishment of Advance Security Control Points (ASCPs) to control
the ingress and egress of people in Police Stations.
7. One of the strategies and tactics employed by CTM and other threats to gain
access to police stations is by wearing of PNP/AFP uniforms and that of other
LEAs, hence, personnel assigned in the advance security control points shall not
allow entry of uniformed groups or any individuals without prior coordination.
a. Exercise sustained vigilance and maintenance of law, order and public safety in
respective AOR through the intensified conduct of police visibility patrols.
b. Carry out Police Community Relation (PCR)/Barangay Peacekeeping Operations
(BPO) activities in areas that are prone to influence, infiltration and infestation of
CTM fronts organization.
Arrest
General Guidelines
1. All arrest should be made only on the basis of a valid Warrant of Arrest issued by
a competent authority, except in instances where the law allows warrantless
arrest.
2. No violence or unnecessary force shall be used in making an arrest, and the
person to be arrested shall not be subjected to any greater restraint than what is
necessary under the circumstances.
3. As a general rule, arrest can be made on any day of the week and any time of
the duty or night.
4. Only judges are authorized to issue Warrant of Arrest.
5. A Warrant of Arrest is no longer needed if the accused is already under
detention. An Order of Commitment is issued by the judge in lieu of the Warrant
of Arrest.
6. The following are immune from the arrest:
a. A Senator or Member of the House of the Representatives while Congress is
in session for an offense punishable by not more than six years of
imprisonment; and
b. Diplomatic Agents, Under the Vienna Convention on Diplomatic Relations.
Warrant of Arrest
The warrant of arrest is the written authority of the arresting officer when making an
arrest or taking of a person into custody in order that he may be bound to answer for the
commission of has been delivered for implementation shall cause the warrant to be
implemented within ten (10) days from the receipt. Within ten (10) days after the
expiration of such period, the police officer to whom it was assigned for implementation
shall make a report to the judge who issued the warrant and in case of his failure to
implement the same, shall state the reasons thereof.
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4. If refused entry, the police officer may break into any residence, office building,
and other structure where the person to be arrested is in or reasonably believed
to be in, after announcing his purpose;
5. The police officer need not have a copy of the warrant in his possession at the
time of the arrest. If the person arrested so requires, the warrant shall be shown
to the arrested person as a soon as possible;
6. Secure the person to be arrested and use handcuffs for the protection of the
arresting officer, other individuals or the arrested person himself;
7. Conduct thorough search for weapons and other illegal materials on the person
arrested and surroundings within his immediate control;
8. Inform the person to be arrested of his rights under the law (i.e. Miranda Warning
and Anti-Torture Warning);
9. No unnecessary force shall be used in making an arrest;
10. Confiscated evidence shall be properly documented with the chain of custody of
evidence duly and clearly established;
11. Bring the arrested person to the Police Station for documentation;
12. Make a Return of Warrant to the court of origin;
13. Deliver the arrested person to jail/prison upon the issuance of a commitment
order of the court.
Effecting Warrantless Arrest
1. Freeze or restrain the suspect/s;
2. Make a proper introduction as to identity and authority to arrest;
3. Inform the arrested person of the circumstances of his arrest and recite the
Miranda Warning and Anti-Torture Warning to him;
4. Secure the person to be arrested and use handcuffs for the protection of the
arresting officer, other individuals or the arrested person himself;
5. Conduct thorough search for weapons and other illegal materials on the person
arrested and surroundings within his immediate control;
6. Confiscated evidence shall be properly documented with the chain of custody of
evidence duly and clearly established;
7. No unnecessary force shall be used in making an arrest; and
8. Bring the arrested person to the police Station for further investigation and
disposition.
Duties of Arresting Officer
1. It shall be the duty of the police officer implementing the Warrant of Arrest to
deliver the arrested person without delay to the nearest police station or jail to
record the fact of the arrest;
2. At the time of the arrest, it shall be the duty of the arresting officer to inform the
person arrested of the cause of the arrest and the fact that a warrant had been
issued for his arrest. The arresting officer need not have the warrant in his
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passion 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 possible;
3. When women or children are among the arrested suspect/s, the arresting officer
shall task the Women’s and Children’s Protection Desks (WCPD) officer or
policewoman who is familiar with women and children desk duties to conduct the
pat-down search;
4. In case of arrest without a warrant, it shall be the duty of the arresting officer to
inform the person to be arrested of his authority and the cause of arrest except
when he flees or forcibly resists before the arresting officer has the opportunity to
inform him or when giving of such information will imperil the arrest;
5. The person arrested, with or without warrant, shall be informed of his
constitutional right to remain silent and that any statement he makes could be
used against him. Also, he has the right to communicate with his lawyer of his
immediately and the right to physical examination;
6. A person arrested without a warrant shall be immediately brought to the proper
Police Station for investigation without unnecessary delay. He shall be subjected
to inquest proceedings with the time prescribed in Article 125 of the Revise Penal
Code (RPC);
7. No torture, force, violence, threat, intimidation, or any other means which vitiate
the freewill shall be used against an arrested person. The bringing of arrested
person’s to secret detention places, solitary confinement and the like is
prohibited;
8. If the person arrested without a warrant waives his right under the provisions of
Article 125 of the Revised Penal Code, the arresting officer shall ensure that the
former signs a waiver of detention in the presence of his counsel of choice; and
9. If the person arrested waives his right against self-incrimination and chooses to
give statement, the arresting officer shall ensure that the waiver is made in
writing and signed by the person arrested in the presence of a counsel of his own
choice or a competent and independent counsel provided by the government.
Physical Examination of Arrested Person/Suspect
Before interrogation, the person arrested shall have the right to be informed of his right
to demand physical examination by an independent and competent doctor of his own
choice. If he cannot afford the services of a doctor of his own choice, he shall be
provided by the State with a competent and independent doctor to conduct physical
examination. If the person arrested is female, she shall be attended to preferably by a
female doctor.
Search and Seizure
Requisites for the Issuance of Search Warrant
A search warrant shall be issued only upon probable cause in connection with the
one specific offense to be determined personally by the judge after examination under
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oath or affirmation of the particularly describe the place to be searched the things to be
seized which may be anywhere in the Philippines.
a. The following may be objects of search warrant:
1. Properties which are the subject of the offense;
2. Stolen, embezzle proceeds, or fruits of the offense; and
3. Objects including weapons, equipment, and other items used or intended to
be used as the means of committing an offense.
b. Objects that are illegal per se, even if not particularly described in the search
warrant, may be seized under the plain of view doctrine.
Validity of Search Warrant
1. The warrant shall be valid for ten (10) days from the date of issuance and may be
served at any day within the said period. Thereafter, it shall be void.
2. If, in the implementation of the search warrant, its object or purpose cannot be
accomplished in one day, the search can be continued the following day, or days,
until completed, provided it is still within the ten (10) day validity period, the
responsible police officer conducting the search must file before the issuing
court, an application for the extension of the validity of said search warrant.
Time of Search
The warrant search be served during daytime, unless there is a provision in the
warrant allowing service at any time of the day or night.
Applications for Search Warrant
All applications for Search Warrant shall approve for filing by the chief of office.
The application shall indicate the following data.
1. Office applying for the Search Warrant;
2. Name of Office-applicant;
3. Name of the subject, if known;
4. Address/place(s) to be search;
5. Specific statement of things/articles to be seized; and
6. Sketch of the place to be searched.
All approved applications shall be recorded in a log book, duly maintained for the
purpose, indicating the name of the applicant, name of the respondent, nature of the
offense, and date of application.
Authority of Police Officers when Conducting Search
In the conduct of search, if after giving notice of his purpose and authority, the
police officer is refused admittance to the place of search, he may break open any outer
or inner door or window or any part of a house or anything therein to implement the
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warrant or liberate himself or any person lawfully aiding him when unlawfully detained
therein.
Prohibited Acts in the Conduct of Search by Virtue of a Search Warrant
1. Houses, rooms, or other premises shall not be searched except in the presence
of the lawful occupant thereof or any member of his family or, in the absence of
the latter in the presence of two (2) witnesses of sufficient age and discretion
residing in the same locality.
2. Lawful personal properties, papers, and other valuables not specifically indicated
or particularly described in the search warrant shall not be taken.
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Any object in the plain view is subject to seizure and may be introduced as
evidence. Requirements under the Plain View Doctrine are:
1. The police officer must have prior justification for an intrusion or,
otherwise, must be in a position from which he can view a particular area;
2. The discovery of the evidence in plain view is unintentional; or
3. It is immediately apparent to the police officer that the item he observes
may evidence of a crime, contraband, or is a valid subject of seizure.
g. Tipped Information
If the police officers have reasonable grounds to believe that the subjects
are engaged in illegal activities, the tipped information is sufficient to provide
probable cause to effect a warrantless search and seizure.
Investigation Procedures
Investigation by the Territorial Police Unit after an Armed Confrontation
Responsibility of the Territorial Police Unit
The Police Unit that has territorial jurisdiction over the area where the armed
confrontation occurred shall secure the scene and immediately undertake the necessary
investigation.
Scene of the Crime Operation (SOCO) Team to Process the Crime Scene
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The concerned Police Unit shall immediately request the Scene of the Crime
Operation (SOCO) Team to conduct crime scene processing.
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Each PNP operating unit shall maintain an official police blotter where all types of
operational and undercover dispatches shall be recorded containing the five “Ws” (who,
what, where, when and why) and one “H” (how) of an information.
A police blotter is a logbook that contains the daily registry of all crime incident
reports, official summaries of arrest, and other significant events reported in police
station.
Blotter Procedure
Before entry into the blotter book, the Duty Officer (DO) should first evaluate if
the report is a crime incident, arrest or event/activity, which is for records purposes only.
If the report is a crime incident, the DO shall first accomplish 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.
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b. Reporting Jurisdiction
The police unit with the territorial jurisdiction where the crime was committed
shall have the primary responsibility to record and report the same. If a continuing
crime is committed in various areas of responsibilities, it should be recorded and
reported as a single crime by the unit taking cognizance of the crime.
a. General Policy
After arrest, a suspect is taken into police custody and “booked” and “processed”.
During Booking, the following procedures shall be performed by the designated
police officers.
1. Record the arrest made in the police blotter;
2. Conduct pat down or strip search of the suspect;
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7. The AO will obtain PNP Booking Form 2 – “Arrest and Booking Sheet” and
refer to the DI so that both of them will accomplish the form. The copy of
the Arrest and Booking Form shall form part of the Case Folder and Kept
at the Investigation Section at the Police Station.
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3. The DI shall conduct record check to determine if the arrested suspect/s have
previous or existing cases and/or standing warrant of arrest; The Duty
Investigator shall not process suspects brought by the Arresting Officers who
have not undergone a medical examination in a government hospital;
4. The DI shall ensure that Mug Shots or the photographic portrait of the suspects
are taken in four (4) different methods in accordance with the procedures. The
4R mug shots shall be attached to or printed in the PNP Booking Form-2B;
5. The Duty Investigator shall prepare a Turn-over Receipt Form (from Investigator
to the Jailer) known as PNP Booking Form-3. The Jailer of the Station will now
take responsibility of the suspect. If it is necessary that arrested persons be
placed in the lock up cell, a complete body frisking of the suspect by pat-down
type search for any concealed weapon must be done. Strip search shall be
conducted if necessary. On body search of arrested male suspect, it is typically
not required to same sex pat-down searches, but it is wise. When it comes to
women and children, the WCPD officer who is familiar with women and children
protection duties will conduct the search. Search is done to ensure that no
prohibited object will be brought inside the lock-up cell, particularly sharp objects
that can be used to hurt other prisoners and ropes that might be used for
entangling;
6. All personal valuables of the suspect that are not allowed to be brought inside
the lock-up cell will be collected by the Investigator and shall be turn-over to the
police station Property Custodian. The Investigator shall prepare PNP Booking
Form 4.
7. The DI shall also be responsible for ensuring that the suspects’ fingerprints or
ten prints are taken by the Fingerprint Technician, using both the ten print card
and the PNPBK-2. Only a trained Fingerprint Technician shall be allowed by the
DI to take ten prints of the suspects using the standard PNP Crime Laboratory
Form No. 452-038 to ensure that this will be readable by the Automated
Fingerprint Identification System (AFIS). The ten-print card is considered as an
integral part of the booking form and is known as PNP Booking Form -2C;
8. The DI must always inform the Desk Officer of the status of the case and the
suspect so that updates will be entered in police blotter;
9. The Investigator shall be responsible for preparing the necessary documents
such as: Affidavit-complaint; affidavit of witness; booking and arrest report;
photocopy of recovered evidence if any; and a letter of case referral to the
Prosecutor’s Office that should be signed by the Station Commander or police
station Officer on Duty with the former’s unavailability.
CUSTODIAL INVESTIGATION
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Human Rights (CHR) or by nay International NGO duly accredited by the Office
of the President. His “immediate family” shall include his spouse, parent or child,
brother or sister, grandparent or grandchildren, uncle or aunt, nephew or niece,
guardian or ward, and fiancé or fiancée; and
7. After interrogation, the person under custodial investigation shall have the right to
be informed of his right to be informed of his right to demand physical
examination by an independent and competent doctor of his own choice. If he
cannot afford the services of a doctor of his own choice, he shall be provided by
the State with a competent and independent doctor to conduct physical
examination. If the person arrested is female, she shall be attended to preferably
by a female doctor. The physical examination of the person under custodial
investigation shall be contained in a medical report, which shall be attached to
the custodial investigation report.
Detention
The following are the policies and procedures in the admission, visitation,
transfer and release of detainees:
a. Admission
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c. Segregation of Detainees
As much as practicable, detainees must be segregated according to
gender and to the classification of crimes committed.
d. Visitation
Any person arrested and detained at the PNP Detention/Custodial Center
shall be allowed visits by or conferences with any member of his immediate
family, or any medical doctor or priest or religious minister chosen by him or by
any member of his immediate family or by his counsel, or by any local NGO duly
accredited by the CHR or by international NGO duly accredited by the Office of
the President, subject to the following conditions:
e. Transfer of Custody
1. Upon receipt of the Commitment Order from the court, the Chief,
Detention/Custodial Center shall personally coordinate with the issuing court
to ascertain the validity of the order;
2. Upon confirmation, the chief, Detention/Custodial Center must coordinate with
the receiving detention facility for the immediate transfer of the custody; and
3. Prior to the transfer of custody, the arrested person shall be subjected to
medical examination by a PNP medico-legal officer or any government
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f. Release
1. The Chief of Officer shall be the sole approving authority in releasing
detention prisoner.
2. Upon receipt of the Release Order from the court, the Chief,
Detention/Custodial Center shall personally coordinate with the issuing court
to ascertain the validity of the order.
3. Upon confirmation, the Chief, Detention/Custodial Center must coordinate
with the arresting unit if there are other legal impediments to the release.
4. The Chief, Detention/Custodial Center shall likewise check the Directorate for
Investigation and Detective Management (DIDM)’s Arrest and Warrant
Registry to determine if the detainee to be release has other pending
warrants of arrest.
5. Granting that all documents are legally in order, the Chief,
Detention/Custodial Center shall prepare the memorandum addressed to the
Chief of Office for the approval of the release.
6. If there are valid grounds to sustain further detention, the Chief of Officer in
coordination with the arresting unit, will prepare the appropriate manifestation
to the court containing therein the ground/s for objection.
7. Prior to the official release of the detainee, the Chief, Detention/Custodial
Center must bring the detainee to the Office of the PNP Health Service or
Rural Health Unit for medical examination, which shall form part of the
records/case folder of the subject detainee.
8. The property or Evidence Custodian Officer shall be responsible for the
custody of all the properties seized from the detainee prior to his detention.
The former shall release the same to the detainee immediately upon his
discharge from detention.
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Inquest Procedures
Commencement of Inquest
The inquest proceedings shall commence upon the presentation of arrested
person and witness/es by the police officer before the inquest prosecutor. The
concerned police officer shall also submit the following documents:
1. Affidavit of Arrest;
2. Statement(s) of the complainant(s);
3. Affidavit(s) of the witness(es) if any; and
4. Other supporting evidence gathered by law enforcement authorities in the course
of their investigation of the criminal incident involving the arrested person.
Documents to be submitted
The investigator shall ensure that, as far as practicable, the following documents
shall be presented during the inquest proceedings:
a. Murder, Homicide and Parricide
1. Certified true/machine copy of the certificate of death of the victim; and
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Waiver of Rights
The inquest shall proceed unless the arrested person opts for a preliminary
investigation by executing required waiver of rights under Article 125 of the RPC.
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1. The first police officer to arrive at the crime scene are the FRs who were
dispatched by the local police station/unit concerned after receipt of
incident/flash/alarm report;
2. Immediately, the FR shall conduct a preliminary evaluation of the crime
scene. This evaluation should include the scope of the incident, emergency
services required, scene safety concerns, administration of life-saving
measures, and establishment of security and control of the scene.
3. The FR is mandated to save and preserve life by giving the necessary first aid
measures to the injured and their medical evacuation as necessary. The FR
shall likewise secure and preserve the crime scene by cordoning off the area
to prevent unauthorized entry of persons;
4. The FR shall take the undying declaration of severely injured person/s, if any.
Requisites of a “Dying Declaration” are:
a. That death is imminent and the declarant is conscious of that fact;
b. That the declaration refers to the cause and surrounding circumstances
of such death;
c. That the declaration relates to facts which the victim is competent to
testify to; and
d. That the declaration is offered in a case where in the declaration’s death
is subject of the injury;
5. The FR shall make the initial assessment on whether a crime has actually
been committed and shall conduct the preliminary interview of witnesses to
determine what and how the crime was committed;
6. If and when is a suspect present in the area, the first responder shall arrest,
detain and remove the suspect from the area;
7. The FR, upon the arrival of the IOC, shall turnover the crime scene to the duty
investigator/IOC after the former has briefed the investigator of the situation.
The FR shall prepare and submit the CSI Form “1” – First Responders Report
to the IOC and be prepared to assist the IOC in the investigation; and
8. The FR shall stay in the crime scene to assist the IOC in the maintenance of
the security, crowd control, preservation of evidence, and custody of
witness/suspect until such time the investigation is completed and temporarily
turned over to the local Chief of Police (COP) for the continuance of crime
scene security.
1. Upon arrival at the crime scene, the IOC shall request for a briefing from
the FR and make a quick assessment of the crime;
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2. At this stage, the IOC shall assume full responsibility over the crime scene
and shall conduct a thorough assessment of scene and inquiry into the
accident. If necessary the IOC may conduct crime scene search outside
the area where the incident happened, employing any of the various search
methods;
3. Based on the assessment, if the IOC determines that a SOCO team is
required, he shall report the matter to his COP and request for a SOCO,
otherwise, the IOC shall proceed with the CSI without the SOCO team and
shall utilize CSI Form “4”;
4. The IOC may by himself, if the situation so demands, conduct CSI if there
is no Provincial Crime Laboratory Office/Regional Crime Laboratory Officer
in the province. The IOC must, however, ensure that the correct
procedures in the collection of evidence are observed to ensure the
admissibility of the evidence;
5. The Police Station Operation Center, upon directive of the COP, shall
make the request for the SOCO team through the Provincial/City
Operations Center;
6. It shall be responsibility of the Provincial/City Operations Center to facilitate
the request for the SOCO Team;
7. Upon the arrival of the SOCO Team, the IOC shall accomplish CSI Form
“2” and submit the same to the SOCO Team Leader. The SOCO team shall
not enter the crime scene unless the IOC makes the official written request
wherein he assures the SOCO team of his presence and support; and
8. The IOC shall brief the SOCO Team upon their arrival at the crime scene
and shall jointly conduct the preliminary crime scene survey.
C. SOCO Team
1. The SOCO Team shall not join any operations conducted by the local
police or accompany the FRs or the IOC in going to the crime scene.
They will only respond upon request through the Operations Center and
after the IOC has already made the proper assessment of the crime
scene.
2. Upon receipt of the Request for Conduct of SOCO, the SOCO Team shall
then conduct the scene of the crime operations which include among
others the narrative description of the crime scene, photography,
videography, crime scene search, crime scene sketch, crime scene
location sketch, physical evidence recording and collection, and other
procedures necessary.
3. In case the SOCO Team needs to temporarily suspend the processing,
the Chief of Police shall primarily responsible and accountable for
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securing the crime scene and ensuring its integrity until the return of
SOCO Team and the conclusion of the CSI.
4. After the termination of the SOCO, the SOCO Team Leader shall brief
the IOC on the initial results and thereafter conduct the final crime scene
survey together with the IOC.
5. The SOCO Team shall accomplish the CSI Form “4”- SOCO Report
Forms and furnish the IOC of copies of the same before leaving the crime
scene.
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the Bureau of Fire and Protection before the conduct of the crime scene
investigation.
3. In mass victim situation, the Regional/District SOCO who has jurisdiction over the
area, in addition to their function, shall act as FR to the Interim of Disaster Victim
Identification Task Group (IDVI TG) of the PNP Crime Laboratory. The IDVI TG
shall immediately assess the forensic specialists needed to be deployed at the
crime scene and relay the requirements to the PNP Crime Laboratory
Headquarters.
4. The SOCO has motu proprio authority to direct all operating units involved in the
police operation to submit their respective personnel for forensic examination;
their service firearms for ballistic tests; and other pieces of evidence involved to
expedite the investigation of the case.
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a. Witnesses;
b. Hostages;
c. Perpetrators; and
d. Key participants in the incidents.
3. Venue of Processing, Debriefing and Documentation.
Considering the instability of the situation, the safety of the responders and
persons found at the scene of the crime; and the preservation of the place of incident,
the venue of the processing, debriefing and investigation shall be at a neutral and
secured place.
b. Hostage Negotiation
The following procedure shall be followed during a hostage situation:
1. Crisis Management Task Group shall be activated immediately;
2. Incident scene shall be secured and isolated;
3. Unauthorized persons shall not be allowed entry and exit to the incident scene;
and
4. Witnesses’ names, addresses, and other information shall be recorded.
Witnesses shall be directed to a safe location.
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Organizational Procedures
1. Whenever a serious crime is committed, the concerned Chief of Police (COP) or
Station Commander shall immediately assess the situation and communicate to
the DD/PD/CD the attendant circumstances and its updates which will be basis of
the DD/PD/CD for recommending to the RD whether or not there is a need to
activate the SITG.
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Operational Procedures
The following are the operational procedures to be undertaken by the SITG
pertaining to investigations of all heinous/sensational crimes:
1. Investigation starts from the arrival of the First Responder on the ground who
shall perform important tasks as earlier enumerated;
2. Aside from the usual investigative procedures, the SITG shall immediately
validate and confirm the affiliations of the victims, issue press releases on a
regular basis and establish an On-Scene Command Post (OSCP) by putting up a
tent or similar structures or deploying a Mobile Investigation Van (if available)
at/or near the crime scene. The SITG Commander or his deputy who is also a
member of the SITG must be present/available in the OSCP at all times;
3. The OSCP shall be maintained for as long as necessary and shall only be
deactivated or transferred with the clearance and approval of the Regional
Director;
4. The OSCP shall be utilized by the SITG to conduct on-scene or on-the-ground
investigation. The tent or van of the OSCP shall be marked appropriately as
“PNP On-Scene Command Post” and shall also be posted with the mobile phone
or contact numbers of the SITG Commander, Assistant Commander and the
Investigator-On-Case.
5. The Police Station which jurisdiction over the area shall be utilized as alternate
OSCP of the SITG; Follow-up actions and efforts must be undertaken to:
a. Give special focus to ascertaining/establishing motive;
b. Effectively conduct profiling if victims, suspects and witnesses;
c. Proficiently link/matrix analysis and exploit evidence information; and
d. Hold paramount the convenience of witnesses when extracting their
statement or affidavit.
6. The SITG commander supported by the Investigation Team, Technical Teams,
and Case Record Officer shall prepare the CIPLAN and take notice, prepare, and
observe the following:
a. The Investigation Management System consists of evidence matrix, resource
spreadsheet, standard tactical plan, and major investigation plan;
b. The CIPLAN must be prepared and shall be in the following format (Six Point
Plan); Situation, Mission, Execution, Contingency, Administration and
Logistics, Command and Communication (SMECAC);
c. Prepare the Crime Scene Matrix Template which is necessary in the conduct
of crime analysis. It can come in tandem with the evidence and resource
matrix of the investigation plan; and
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16. Once the warrant of arrest has been issued, the RIDMD concern shall monitor
the Unit Commander concerned to serve the warrant. Further, the RIDMD shall
monitor the Unit Commander handling the case to ensure the attendance of
prosecution witnesses when directed by the Court or Prosecutor;
17. The RIDMD shall make a monthly progress report on all SITG cases filed in
Court or Prosecutor’s office to TDIDM (Attn: C, CMD);
18. If the SITG fails to resolve the case within six (6) months or after the extension,
the case will be considered a “cold case”. Hence, the SITG shall be deactivated
under obligation to ensure that all documents, pieces of evidence and any other
related materials are accounted and secured;
19. All the records of the cold cases and cleared cases including the pieces of
evidence gathered shall be officially turned over to the Regional Criminal
Investigation and Detection Unit (RCIDU), CIDG in the respective PROs for the
continuation of the investigation. Likewise, chain of custody of evidence must be
strictly observed;
20. CIDG must submit to TDIDM (Attn: C, RAD), a modified CIPLAN or new CIPLAN
in the conduct of the follow-up investigations on all cases that were turned over
to them. Progress Report on all “cold cases” that were turned over to CIDG shall
be submitted to RIDMD (copy furnished CMD, DIDM). The latter shall monitor
and periodically evaluate the case being investigated by CIDG and make
appropriate assessment for its final disposition. Strengthen the coordinative
mechanism in order to:
a. Strictly observe the chain of custody of evidence and flow of communications;
and
b. Develop and resolve the issues under investigation through case conference
with the DOJ and other concerned agencies.
21. All concerned PNP units are enjoined to exert extra efforts in order to identify,
locate or cause the identification and arrest of the culprit(s):
a. They shall immediately organize a dedicated TRACKER TEAM to pursue a
particular target personality/suspect;
b. They shall enhance information gathering and intelligence build-up for the
identification and apprehension of the suspects;
c. They shall work in close coordination with the NBI, DOJ and all other law
enforcement agencies, as necessary. The SITG must therefore closely
coordinate with their respective local prosecutors and ensure that a
prosecutor is included as a member of the Technical/Legal Support team; and
d. They shall prepare posters of wanted personalities especially those covered
with rewards. Rogue galleries at the city and municipal levels shall also be
prepared for this purpose.
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22. While the tasked units shall operate on existing logistical and financial
allocations, Regional Directors shall also provide logistical and financial support
to SITG.
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members of the peacekeeping detail shall stay outside a 50-meter radius from
the picket line. In cases wherein the 50-meter radius includes a public
thoroughfare, they may station themselves in such public thoroughfare for the
purpose of ensuring the free flow of traffic.
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1. The PNP adheres to the Code of Conduct for Law Enforcement Officials adopted
by the General Assembly of the United Nations which requires law enforcement
officials to respect and protect human dignity, maintain and uphold the human
rights of all persons, and limit the use of force to situations where it is strictly
necessary and to the extent required for the performance of their duty.
2. Public assemblies held in freedom parks or on private property do not need a
permit for the activity. Public assembly with permit or one held in a freedom park
or private property shall not be dispersed as long as it remains peaceful and no
incidence of violence occurs.
3. The PNP shall provide police assistance only when requested by the leaders or
organizers for maintenance of peace and order to ensure the safety of those
participating in the public assemblies held in freedom parks or on private
property.
4. A public assembly held in a public place must have a permit from the mayor of
the city or municipality exercising jurisdiction over the place where it will be held.
5. A public assembly held with or without a permit may be peacefully dispersed. A
public assembly with a permit may be dispersed if the same is being held in
violation of the terms and conditions imposed in the permit. In both cases, before
conducting any dispersal operation, the PNP shall notify the concerned
organizers and leaders of the public assembly.
6. Lightning demonstrations or rallies in areas where public assembly is prohibited
shall be dispersed peacefully. However, should any of the participants refuse to
disperse voluntarily or violate any ordinance during an unauthorized public
assembly; they shall be taken into police custody and be charged accordingly.
7. Ground Commanders are responsible in determining whether there is a permit
for the holding of the public assembly.
8. Close coordination with the mayor of the city or municipality, or his
representative, where the public assembly is being held should always be
maintained especially when a permit has not been issued but an application has
been filed prior to the holding of the public assembly.
9. Maximum tolerance shall be exercised in the conduct of dispersal operations.
Violators of the law shall be apprehended and brought to the nearest Police
Station for proper disposition.
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Inspector may be detailed and stationed in a place at least one hundred (100) meters
away from the area of activity.
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Prohibited Acts
It shall be prohibited for a police officer to commit the following acts during
peaceful assembly:
1. Obstructing, impeding, disrupting or otherwise denying the exercise of the right to
peaceful assembly;
2. The unnecessary firing of firearms to disperse the public assembly;
3. Acts in violation of the preceding paragraph.
4. Acts described hereunder if committed within one hundred (100) meters from the
area of activity of the public assembly:
a. The carrying of a deadly or offensive weapon or device such as firearm,
pillbox, bomb, and the like;
b. The carrying of a bladed weapon;
c. The malicious burning of any object in the streets or thoroughfares;
d. The carrying of firearms by CDM contingents;
e. The interfering with or intentionally disturbing the holding of a public assembly
by the use of a motor vehicle, its horns, and loud systems;
f. The drinking of liquor or alcoholic beverages; and
g. Gambling of any kind.
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e. Post-Operation Stage
1. CDM contingents shall be withdrawn after the area has been cleared of
possible danger to public safety.
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b. Water Cannons
Water cannons may be utilized when demonstrators become unruly and
aggressive forcing troops to fall back to their secondary positions.
c. Tear Gas
Tear gas and pepper spray may be utilized to break up formations or groupings
of demonstrators who continue to be aggressive and who refuse to disperse
earlier efforts.
1) To ensure the protection, safety and welfare of the public and demonstrators as
well, the following must be observed:
a. Confined Assemblies in Private Property (Churches, Schools, etc)
1. Initiate the conduct of dialogue with the leaders/organizers.
2. Secure and maintain order within the perimeter.
b. Confined Assemblies in Freedom Parks
1. Initiate and conduct of dialogue with the leaders/organizers.
2. Request for the permit from the leaders/organizers if the local ordinance of
the area requires one.
3. Secure and contain the area within the limits of the permit to ensure the
orderly and peaceful conduct of the assembly.
c. Mobile Assemblies in a Private Area
1. Initiate the conduct of dialogue with the leaders/organizers.
2. Secure and maintain order within the perimeter.
d. Marches and Motorcades along Public Thoroughfares
1. Initiate the conduct of dialogue with the leaders/organizers.
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2. Request for the permit from the leaders/organizers if the local ordinance of
the area requires one.
3. Ensure the orderly and peaceful conduct of the marches and motorcades
to ensure public safety and to prevent compromise of public convenience.
Specific Guidelines
When assistance is requested by the leaders/organizers, it shall be imperative for
the CDM contingent to perform their duties while observing the rights of demonstrators.
Further, the members of the CDM contingent dealing with the demonstrators shall be in
prescribed uniform.
1. The CDM contingent shall not carry any kind of firearms but may be equipped
with baton or riot sticks, crash helmets with visor, gas masks, boots or ankle-high
shoes with shin guards.
2. Tear gas, smoke grenades, water cannons, or any similar anti-riot device shall
not be used unless the public assembly is attended by actual violence or serious
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4. The mode of participation shall be limited to the maintenance of peace and order
during the entire demolition/ejectment activity, ensuring the protection of all
parties from harm and injury.
5. Tear gas, water cannon, and reasonable force shall be used only when all other
peaceful and non-violent means have been exhausted.
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In performing their role, the PNP personnel shall at all times observe maximum
tolerance and respect for human rights. The use of reasonable force shall only be
resorted to for self-defense and defense for stangers. Moreover, the PNP personnel
shall always exercise utmost impartiality and neutrality in effecting its role. The duly
authorized officer of the COMELEC or DILG or the Local Government Unit personally
leading the implementation of the said decision/order/resolution shall have the final
disposition whether to proceed or not with the implementation of the
decision/order/resolution.
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specifically provided in the order or resolution or in the request for police assistance.
The authority to break out to liberate themselves shall also be specifically provided.
Where to File
Decisions/Orders issued by the court, quasi-judicial or administrative bodies that
are immediately executor shall be submitted to the Regional Director (RD) of the Police
Regional Office (PRO) having jurisdiction of the place where the decision/order shall be
implemented. Given the urgency of the matter, the RD, PRO shall be the approving
authority. The request for police assistance, however, shall only be acted, upon the
submission of the written request of the Sheriff or equivalent officer in quasi-judicial or
administrative bodies, accompanied by the original or authenticated copy of the
decision/order/writ sought to be implemented.
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Negotiators/Negotiation Team
Negotiators shall be designated by the Ground Commander. No one shall be
allowed to talk to the hostage taker without clearance from the negotiator or Ground
Commander. The Negotiation Team is directly under control and supervision of the On-
Scene Commander. Negotiation team structure will be as follows:
1. Negotiation Team Leader (NTL) coordinator;
2. Primary Negotiator
3. Secondary Negotiator
4. Intelligence Liaison/recorder; and
5. Board Negotiator
Assault Team
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An assault team shall be alerted for deployment in case the negotiation fails.
Members of the assault team shall wear authorized and easily recognizable uniform
during the conduct of the operation.
Support Personnel
An ambulance with medical crew and a fire truck shall be detailed at the incident
area.
Plans
The On-Scene Commander shall, upon the assessment of the situation, prepare
necessary plans to include but not limited to:
1. Emergency Response Plan - depends on the threat posed by the hostage-
takers and need of the Negotiation Team and On-Scene Commander.
2. Breakout Plan – possibility of breakout shall be considered immediately upon
drawing up negotiation strategy. This should be considered as one of the
priority plans.
3. Delivery plan – in case the hostage – takers change plans in the middle of the
execution.
4. Surrender plan –should be drawn up in a way that the hostages’ lives will not
be jeopardized.
5. Hostage Reception/Release – for security reasons, released hostages should
be contained and isolated.
6. Collection plan – safety of the police personnel involved is the priority
consideration.
Coordination
Proper coordination with all participating elements shall be done to consolidate
efforts in solving the crisis.
Safety of Hostage(s)
In negotiation for the release of a hostage, the safety of the hostage shall always
be paramount.
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1. Situation must be stabilized first and contained before the start of the negotiation.
2. All relevant tools and information that can strengthen a negotiator’s position and
create a favourable climate for a successful negotiation must be prepared e.g.
facts relevant to the situation, financial and non-financial terms, issues and
concerns, etc.
3. Do not introduce outsiders (non-law enforcement officers) into the negotiation
process, unless their presence is extremely necessary in the solution of the
crisis. If so introduced, they shall be properly advised on the do’s and dont’s of
hostage negotiations.
4. In case of negotiator breaks down or he/she finds himself/.herself in a deadlock,
it is recommended to employ the service of a mediator.
5. Police officers without proper training shall not be allowed to participate in
hostage negotiations.
6. Whatever scale of an incident and the extent of resources deployed, it is
essential that proper liaison exist between Tactical/Assault Team, technical
Support Team and the Negotiation Team.
7. All activities on the scene, even the delivery of food to the stronghold, must have
tactical coordination with the NTL/Coordinator.
Investigation of Violence Against Women and Their Children (VAWC) and other
Cases of Child Abuse
Investigation of Complaints and Reports involving All Forms of Violence against
Women and Their Children
The PNP Women and Children Protection Desks (WCPD) in coordination with
the Local Social Welfare Development Office (LSWDO), shall conduct a timely,
thorough and comprehensive investigation of all cases involving violence against
women and their children, committed within their respective area of responsibility,
consistent with domestic laws, rules and regulations and international human rights
standards. They shall observe the rules and procedures as provided in section 48 of the
Implementing Rules and Regulations of RA 9262 (Anti – Violence Against Women and
Their Children Act of 2004)
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“Children” refers to those below eighteen (18) years of age or older but are
incapable of taking care of themselves as defined under Republic Act No. 7610. As
used in this rule, it includes the biological children of the victim woman and other
children under her care.
1. Upon the receipt of complaint, the WCPD officer shall conduct appropriate
investigation which includes, but is not limited to, taking the formal statement of
the victim survivor and collecting other evidence necessary for the filing of the
case under the Act;
2. Immediately after taking the essential elements of information during the course
of investigation, the WCPD officer shall refer to the victim-survivor to the nearest
PNP Crime Laboratory and/or hospital or any medical facilities for appropriate
medico-legal examination. It shall be the WCPD officers duty to ensure that as
far as possible, the examining physician must be of the same gender as the
victim-survivor, especially in sexual violence cases;
3. Except in the case of a child who is a victim-survivor of the Act, by which other
existing laws require immediate presence of the unoffending parent or guardian
and social worker, only persons expressly authorized by the victim-survivor shall
be allowed by the WCPD officer inside a room where the police investigation as
well as the medical/physical examination are being conducted in private;
4. Ensure the confidentiality of identity of the victim-survivor and all other parties
directly involved with the case under investigation. For this purpose, the WCPD
officer must maintain a separate blotter on crimes committed under the Act.
Under no circumstances shall any police officer allow media access to
information concerning VAWC reported to PNP;
5. After the conduct of police investigation, the WCPD officer shall refer the victim-
survivor to the social worker of the LGU, any available DSWD shelters, NGOs
and other service providers for psycho-social intervention and other rehabilitation
programs.
6. The WCPD officer shall forward the investigation report, together with the
relevant evidence, including the formal statements of witnesses and result of
medico-legal examination, to the prosecutor for filing of appropriate criminal
action under the Act;
7. If victim-survivor is found to have manifestations of the Battered Woman
Syndrome which is validated by past police records and testimonies from
witnesses in interest, the WCPD officer shall inform the Punong Barangay, the
local social worker, or the concerned NGOs, local professional or civic groups in
the area for appropriate psychiatric and psychological evaluation which may form
part of the evidence to be presented in court;
8. Assist in the application and enforcement of the provisions of the protection order
as may be issued by the barangay or the court;
9. Respond with the assistance of the police personnel, barangay officials, and
other parties-in-interest to a call for emergency assistance to ensure immediate
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Barangay officials in the place where the incident occurred or is taking place, the
Barangay Human Rights Action Officer or any officer of the Commission on
Human Rights (CHR) in or near the area of operation shall, without delay,
proceed to the place where the child-victim is located and execute the rescue
operations plan;
4. Upon rescue of the child-victim, the law enforcers shall turn over the child-victim
to the LSWDO for protective custody;
5. The police officer, together with the LSWDO, shall ensure that the child-victim
shall immediately taken to the nearest government medical center or hospital or
clinic for physical and psychological examination, treatment and/or confinement;
6. The police officer, in coordination with the LSWDO, shall gather the
necessary/relevant and material data and evidence to support the filing of
appropriate charges before the Prosecutor’s Office and trial of the child-abuse
case/s before the court;
7. The police officer shall ensure that the child-victim shall not be subjected or
exposed to multi-victimization in the course of investigation. Hence, the police
officer shall see to it that the interviews and statements of the victim shall be
recorded and/or video-taped; and
8. Investigation of child abuse cases shall be assigned preferably to members of
the Women and Children Protection Desk (WCPD) or in their absence, the police
officer of the same gender who has appropriate training on child rights, and
investigation and handling of child abuse cases.
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investigation of child rights cases, the local police units, police photographer,
Public Attorney’s Office (PAO), barangay officials, City and Municipal Licensing
and Permit Division, the Department of Health or the City or Municipal Health
Office, Barangay Human Rights Action Officer or officer of the CHR, and/or the
DOLE. For this purpose, the PNP shall activate a Rescue Team to be headed by
officer/s of the WCPD, in coordination with concerned national and/or local
authorities mentioned above.
b. Rescue Operations
1. All police officers participating in the rescue operations shall be in prescribed
uniform. Should circumstances require that certain police officer/s be in
civilian clothes during the actual operations, he must have the official
identification card which he must show when required.
2. Upon arrival at the operation scene, the police officers shall properly
introduce themselves and inform the people in the area where the child-victim
is located as to the purpose of their operation.
3. Police officer shall not use force unless necessary under the circumstances.
In circumstances where reasonable force is allowed, the police
officers/rescue team shall ensure and/or avoid collateral damage hitting
innocent civilians within the vicinity of operations.
4. The child-victim shall be handled preferably by a police officer of the same
gender as the victim, who has appropriate training on child rights, and in the
investigation and handling of child-abuse cases.
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7. Search on a child in conflict with the law shall only be done by a police officer of
the same gender as the child;
8. Determine the age of the child;
9. Take the child immediately to the proper medical and health officer for a thorough
physical and mental examination. The examination results shall be kept
confidential, unless otherwise ordered by a Family Court. Whenever medical
treatment is required, steps shall be immediately undertaken to provide the
same;
10. Turn over custody of the child to the LSWDO or other accredited NGOs
immediately but not later than eight (8) hours after apprehension and notify the
child’s parents/guardians and the PAO of the child’s apprehension;
11. When the child is fifteen (15) years or below, he shall be immediately released to
his parents or guardian or nearest relative. However, if the child is above twelve
(12) years of age up to fifteen (15) years of age and commits serious crimes such
as parricide, murder, infanticide, kidnapping and serious illegal detention where
the victim is killed or raped, robbery with or rape, destructive arson, rape, or
carnapping where the driver or occupant is killed or raped or offenses under RA
9165 (Comprehensive Dangerous Drugs Act of 2002) punishable by more than
twelve (12) years of imprisonment, shall be deemed a neglected child under PD
603, as amended, and shall be mandatorily placed in a special facility within the
youth care facility or “Bahay Pag-asa” called the Intensive Juvenile Intervention
and Support Center (IJISC). (Sec 20-A of RA 10630).
12. A child who violated local ordinances concerning juvenile status offenses shall be
considered as “child at risk” and not as “child in conflict with the law”. Hence, no
penalty shall be imposed on them for said violations, and they shall be instead
brought to their residence or to any barangay official at the barangay hall to be
released to the custody of their parents and appropriate intervention program will
be provided. (Sec 20-A of RA 10630).
13. Ensure that should detention of the child in conflict with the law be necessary, the
child shall be secured in quarters separate from that of the opposite sex and
adult offenders. The child shall not be locked up in a detention cell;
14. Take the statement of the child in the presence of:
a. The child’s counsel of choice or in the absence thereof, a lawyer from the
PAO;
b. The child’s parents, guardian, or nearest relative, and
c. LSWDO.
15. In the absence of the child’s parents, guardian, or nearest relative, and the
LSWDO, the investigation shall be conducted in the presence of an NGO,
religious group, or member of Barangay Council for the Protection of Children
(BCPC).
16. Ensure that all statements signed by the child during investigation shall be
witnessed by the child’s parents or guardian, social worker, or legal counsel in
attendance who shall affix his signature to the said statement;
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Guidelines
The police officer shall at all times ensure respect for the rights of the child in
conflict with the law as provided in the Philippine Constitution, domestic laws, the
Convention on the Rights of the Child and other related international human rights
instruments.
Bomb
A bomb is a container filled with explosive, incendiary material, smoke, gas, or
other destructive substance, designed to explode. It can appear obvious or concealed
and can vary in size, shape or sophistication and may not necessarily explode such as
in the case of incendiary and dirty bombs. It may be referred to as Improvised
Explosives Device (IED) or ordinance.
Bomb Threat
Bomb threat is either a written or verbal threat communicated through electronic,
oral or other means that threatens to place or use an IED at a certain time, date, or
place against any specific person or place. The First Responder (FR), the police
investigator, and the police detective must remember the following basic facts on bomb
threat:
1. A threat is considered only a threat until something visible is found;
2. Determined bombers do not frequently give warnings of a possible
explosion/incendiary attack;
3. Threats are an excellent way to disrupt productivity without actually risking life,
limb and/or property; and
4. The consequences of conviction for “threatening” are not necessarily as serious
as those that could result from actual placement/initiation of a bomb.
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i. Include a procedure for machinery shutdown. This can include plant and
equipment, electronics, computer equipment, securing files and
correspondence.
3. If a suspected device is discovered, cause the evacuation of people in the
affected area to a distance of at least 300 meters away, and maintain security
for the protection of life and property:
a. Any discovered device shall be isolated;
b. Do not touch, tamper with or disarm any suspected bomb or IED;
c. Report discovery of suspected device;
d. Do not permit radio transmission within the premises/building;
e. Turn off all electricity and gas units within premises/building;
f. Secure the area and prevent people from approaching;
g. Establish traffic control;
h. Summon ambulance and fire trucks to the scene;
i. Await the arrival of bomb disposal team; and
j. Notify Higher Headquarters of the situation.
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Procedures
a. The On-Scene Commander shall initially determine if there is a high degree of
probability that the incident is a terrorist attack. He also establishes the On-
Scene Commander Post and initiates the convening of the Critical Incident
Management Task Group (CIMTG) and the Critical Incident Management
Committee (CIMC) regardless of the nature of the attack.
b. In the event of a suspected terrorist attack, the PROs shall ensure the
management and containment of the incident and shall coordinate with the Task
Force (TF) Sanglahi-Alpha Commander during the development of the case.
c. Bombing attacks and explosions perpetrated by the terrorist, the Inter-Agency
Protocol on Explosives and Related Incidents investigation among the PNP,
AFP, NBI and PCG shall be strictly followed.
d. The Philippine Bomb Data Center (PBDC) will be the fusion center for the
reporting of ERIs. As such, PBDC will be furnished with all Post-Blast
Investigation (PBI) and initial reports pertaining to ERI.
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