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Police Operational Procedure REVIEWER

The document outlines police operational procedures, including the types of operations, warrant issuance, and the conduct of searches. It specifies the validity of search warrants, requirements for police uniforms, and the roles of officers during operations such as checkpoints and investigations. Additionally, it emphasizes the importance of respecting human rights and maintaining public safety during police activities.

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doncarloflores17
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0% found this document useful (0 votes)
30 views6 pages

Police Operational Procedure REVIEWER

The document outlines police operational procedures, including the types of operations, warrant issuance, and the conduct of searches. It specifies the validity of search warrants, requirements for police uniforms, and the roles of officers during operations such as checkpoints and investigations. Additionally, it emphasizes the importance of respecting human rights and maintaining public safety during police activities.

Uploaded by

doncarloflores17
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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POLICE OPERATIONAL Anti-Cyber Crime Operations and similar operations a.

ations and similar operations a. The warrant shall be valid for ten (10) days from
that are conducted to enforce laws, statutes, date of issuance and may be served at any day
PROCEDURE executive orders and ordinances. within the said period. Thereafter, it shall be void.
ACADEMIC COUNCIL b. If, in the implementation of the search warrant, its
3.3 Internal Security Operation – includes Counter- object or purpose cannot be accomplished in one
Pointer of the Prelim Examination Insurgency Operations, Counter Terrorist Operations day, the search can be continued the following day,
BSPS Class 2022 and similar operations that are conducted to ensure or days, until completed, provided it is still within the
Police Operational Procedures: internal security. 3.4 Special Police Operation – ten (10)- day validity period of the search warrant.
Types of Examination: includes Checkpoint Operation, Roadblock c. If the object or purpose of the search warrant
Identification (20 pts) Operation, Civil Disturbance Management Operation, cannot be accomplished within the ten (10)-day
Enumeration (30 pts) Police Assistance in the Enforcement of Demolition validity period, the responsible police officer
True or False (20 pts)
Multiple Choice (10 pts)
Eviction Injunction and Similar Orders, Police conducting the search must fi le, before the issuing
Case Analysis/Essay (20 pts) Assistance in the Implementation of Final Court court, an application for the extension of the validity
Coverage: Order and Order from Quasi-Judicial Bodies, period of said search warrant.
PNP Police Operational Procedures Hostage Situation, Visit Board Search and Seizure
Pointers: Onboard Marine Vessels and similar police 14.3 Time of Search The warrant should be served
Rules 1-14 operations that are conducted by police units with during daytime, unless there is a provision in the
Categories of Police Operations specialized training on the peculiarity of the mission warrant allowing service at any time of the day or
Requirement of a Police Operation
Search Warrant
or purpose. night.
Types of PNP Standard Uniform
Authorized non-lethal weapons 3.5 Intelligence Operation – includes Surveillance 14.4 Applications for Search Warrant All
Checkpoints Operation, Counter Intelligence, Intelligence applications for Search Warrant shall be approved for
Warrant of Arrest Research, Intelligence Assessment and similar police fi ling by the Chief of Offi ce. The application shall
intelligence operation conducted to gather indicate the following data: PNPM-DO-DS-3-2-13
RULE 1. FUNCTIONS OF A POLICE OFFICER information related to security, public safety and
1.1 To Serve and Protect The responsibility of every order. 3.6 Investigation Operation – includes Chapter 2 OPERATIONAL PROCEDURES 39
police offi cer is to serve the public and protect life Investigation of Crime or Incident, Administrative a. Officer applying for the Search Warrant;
and property. No police operation shall be conducted Investigation and similar investigative work necessary b. Name of officer-applicant;
in order to serve or protect the illegal activity of a to determine facts and circumstances for fi ling cases c. Name of the subject, if known;
particular person, group or criminal syndicate. criminally or administratively. PNPM-DO-DS-3-2-13 d. Address/place(s) to be searched;
Chapter 1 GENERAL PRINCIPLES 3 “Be doers of e. Specific statement of things/articles to be seized;
the word and not hearers only, deceiving yourselves.” and
1.2 To Observe Human Rights and Dignity of Person
(James 1:22) 3.7 Scene of the Crime Operation f. Sketch of the place to be searched. All approved
All PNP personnel shall respect the human rights and
(SOCO) – includes the processing of crime scene, applications shall be recorded in a log book, duly
dignity of the suspect/s during police operations.
technical and forensic examination of evidences and maintained for the purpose, indicating the name of
similar scientific investigative assistance. PNPM-DO- the applicant, name of the respondent, nature of the
RULE 2. POLICE UNIFORM, ATTIRE AND
DS-3-2-13 4 offense, and date of the application. (Annexes “C”,
ACCESSORIES
“C-1” and “C-2”)
2.1 Agency Prescribed Uniform
OPERATIONAL PROCEDURES Chapter 2
A police officer shall always wear the agency
CHAPTER 2 OPERATIONAL PROCEDURES 14.5 Authority of Police Officers when Conducting
prescribed uniform which is appropriate for the kind
Search In the conduct of search, if after giving notice
of police operation to be undertaken.
RULE 4. PRE-OPERATIONAL CLEARANCE of his purpose and authority, the police officer is
refused admittance to the place of search, he may
2.2 Appearing Before the Public When wearing
No police operation shall be conducted without the break open any outer or inner door or window or any
the police uniform, a police officer shall, at all times,
approval of the Chief/Commander/Head of the part of a house or anything therein to implement the
appear presentable, smart and well-groomed. While
concerned Police Unit/Office. A pre-operational warrant or liberate himself or any person lawfully
on actual patrol duties, he shall refrain from eating
clearance shall be filed by the Team Leader of the aiding him when unlawfully detained therein.
along the sidewalks, smoking and reading
operating team/s prior to the conduct of the operation
newspapers.
and shall be approved by the concerned Police Unit 14.6 Prohibited Acts in the Conduct of Search by
Commander. This clearance shall be submitted to the Virtue of a Search Warrant
2.3 Carrying of Police Notebook, Pen and Miranda
operations section/division of the concerned police a. Houses, rooms, or other premises shall not be
Warning Card Every police officer on patrol, whether
unit for record purposes. searched except in the presence of the lawful
on board a vehicle or on foot patrol, must always
occupant thereof or any member of his family or, in
carry with him a police notebook, a pen and the
SEARCH WARRANT the absence of the latter, in the presence of two (2)
Miranda Warning Card. The notebook, which is
witnesses of sufficient age and discretion residing in
approximately pocket-sized, will be used to inscribe
RULE 14. SEARCH AND SEIZURE the same locality.
important events that transpire during his tour of duty.
14.1 Requisites for the Issuance of Search
PNPM-DO-DS-3-2-13 2
Warrant b. Lawful personal properties, papers, and other
A search warrant shall be issued only upon probable valuables not specifically indicated or particularly
Chapter 1 GENERAL PRINCIPLES
cause in connection with one specific offense to be described in the search warrant shall not be taken.
PNPM-DO-DS-3-2-13 38
2.4 Carrying of Non-Lethal Weapon in the Police
14.7 Inventory and Delivery of Property Seized
Rig Every police offi cer shall carry in his prescribed
OPERATIONAL PROCEDURES Chapter 2
rig a non-lethal weapon (pepper spray, baton or stun
determined personally by the judge after examination a. The police officer who confiscates property under
gun), which shall be primarily used in a non-armed
under oath or affirmation of the complainant and the the warrant shall issue a detailed receipt of property
confrontation with an uncooperative and unruly
witnesses presented. The search warrant shall seized to the lawful occupant of the premises, or in
offender during the arrest.
particularly describe the place to be searched and the the absence of such occupant, shall do so in the
things to be seized which may be anywhere in the presence of at least two (2) witnesses of sufficient
RULE 3. CATEGORIES OF POLICE OPERATIONS
Philippines. age and discretion residing in the same locality;
Police operations are categorized as follows:
a. The following properties may be the objects of a b. The receipt shall likewise include items seized
3.1 Public Safety Operation – includes Search,
search warrant: under the Plain View Doctrine; PNPM-DO-DS-3-2-13
Rescue and Retrieval Operations, Fire Drills,
(1) Properties which are the subject of the offense; 40 OPERATIONAL PROCEDURES Chapter 2
Earthquake Drills and similar operations that promote
(2) Stolen, embezzled proceeds, or fruits of the
public safety.
offense; and c. The police officer must then leave a receipt in the
(3) Objects including weapons, equipment, and other place in which he found the seized property and a
3.2 Law Enforcement Operation – includes Service
items used or intended to be used as the means of duplicate copy thereof with any barangay official
of Warrant of Arrest, Implementation of Search
committing an offense. b. Objects that are illegal per having jurisdiction over the place searched (Annexes
Warrant, Enforcement of Visitorial Powers of the
se, even if not particularly described in the search “D” and “D-1”); and
Chief, Philippine National Police and Unit
warrant, may be seized under the plain view doctrine.
Commanders, Anti-Illegal Drugs Operation, AntiIllegal
d. The police officer must forthwith deliver the
Gambling Operations, Anti-Illegal Logging
14.2 Validity of Search Warrant property seized to the judge who issued the warrant,
Operations, Anti-Illegal Fishing Operations, Anti-
together with an inventory thereof, duly verified under
Carnapping Operations, Anti-Kidnapping Operations,
oath. (Annexes “E” and “E-1”)
11.2 Composition In the conduct of checkpoint, the j. In Metro Manila and other major cities, police offi
14.8 Valid Search and Seizures without Search checkpoint team shall be composed of, but not cers manning the checkpoints should not wear Field
Warrant limited to, the following: Service Uniforms (FSU) or black fatigues in lieu of
the PNP General Offi ce Attire unless the conduct of
a. Search made incidental to a valid arrest A person a. Team Leader (TL) - shall lead and take checkpoint is a result of a Hot Pursuit Operation or a
lawfully arrested may be searched for dangerous responsibility in the conduct of checkpoint preferably High Risk Checkpoint. The use of mixed uniforms
weapons or anything which may be used or which an offi cer with the rank of at least Police Inspector; (GOA, FSU, black fatigue) in the conduct of
may constitute proof in the commission of an offense, checkpoint is strictly prohibited.
without a search warrant. The warrantless search b. Spotter - PNP personnel who will point/profi le
and seizure as an incident to a lawful arrest may suspected vehicle subject for checkpoint; c. k. As much as possible, the area where the
extend beyond the person of the arrested to include Spokesperson - TL or member who is in charge of checkpoints shall be established must be properly
the premises or surroundings under his immediate communicating with the motorists subject for lighted, with a noticeable signage bearing the name
control. checkpoint; of the PNP unit and the participating organization/s
visibly displayed in the checkpoint site, to prevent any
b. Search of moving vehicles If the police officers d. Investigation Sub-team - in charge of investigation apprehension from the public of the existence of the
who will conduct the search have reasonable or and documentation of possible incidents in the same.
probable cause to believe, before the search, that checkpoint to include issuance of Traffi c Citation
either the motorist is a law offender or they will find Ticket (TCT) or Traffi c Violation Report (TVR); l. Due courtesy must be accorded to the motorists,
the instrumentality or evidence pertaining to a crime traders and the commuters during the conduct of
in the vehicle to be searched, the vehicle may be e. Search/Arresting Sub-Team - designated to checkpoint.
stopped and subjected to an extensive search. conduct search, seizure and arrest, if necessary;
m. The spokesperson must greet the people subject
c. Seizure of evidence in plain view Any object in the f. Security Sub-Team - tasked to provide security in for inspection, extend apology for the inconvenience,
plain view is subject to seizure and may be the checkpoint area; and g. Blocking/Pursuing Sub- appeal for understanding and state the reasons of the
introduced as evidence. Team - team tasked to block/ pursue fl eeing operation. Upon completion, thank the person/s
suspects/vehicle. searched. PNPM-DO-DS-3-2-13 18 OPERATIONAL
PROCEDURES Chapter 2
Requirements under the Plain View Doctrine are: 11.3 Guidelines
(1) The police officer must have prior justifi cation for n. Except in the actual commission of crime during
an intrusion or, otherwise, must be in a position from a. Mobile checkpoints are authorized only when checkpoints or in a hot pursuit operation, the conduct
which he can view a particular area; established in conjunction with ongoing police of inspection of vehicle during a routine checkpoint is
(2) The discovery of the evidence in plain view is operations. Only offi cially marked vehicles with limited to a visual search and therefore must be done
unintentional; or blinkers turned on, if available, shall be used in with due respect to innocent passers-by, commuters,
(3) It is immediately apparent to the police offi cer establishing mobile checkpoints. or bystanders and be conducted in a manner that is
that the item he observes may be evidence of a b. Checkpoints are established to enforce circulation of least inconvenience to the public. Searches,
crime, contraband, or is a valid subject of seizure. control measure, laws, orders and regulations, and seizures, and arrests made during checkpoints shall
when there is a need to arrest a criminal or fugitive be within the ambit of the law.
Chapter 2 OPERATIONAL PROCEDURES from justice.
o. Violations/Infractions of the law discovered during
41 d. When there is waiver of the right or there is c. The composition of the personnel manning the the checkpoint operation shall be expeditiously
consented search To constitute a waiver of this checkpoint shall be left to the sound discretion of the disposed of following legal procedures. Arrested
constitutional right, it must appear, first, that the right Team Leader (TL), with the consideration of female persons must be apprised of their rights with respect
exists; second, that the person involved had PNP offi cer in the team especially when there is an to the Miranda Doctrine.
knowledge, either actual or constructive, of the anticipated female suspect.
existence of such right; that said person had an p. The security of the PNP personnel, and most
actual intention to relinquish the right. d. The minimum Police Checkpoint team should at especially that of the civilians participating in the
least be composed of an 8-man complement, with checkpoint operation, must be given due
e. Searches Under Stop and Frisk Rule The police three verifi ers, one spotter, one TL, one profi ler, one consideration in the planning of the operation.
officer has the right to stop a citizen on the street, rear security and one advance security.
interrogate him, and pat him for weapons whenever q. Only the security sub-team and blocking/pursuing
he observes unusual conduct which convinces him e. The Team manning checkpoints must have subteam members are allowed to display high-
that a criminal activity exists. immediate contact with the LGUs, Public Attorney’s powered fi rearms should be positioned where they
Offi ce (PAO) or any member of the Philippine bar, can best provide security to the Checkpoint team,
f. Emergency and Exigent Circumstances A search and/or the media (for drug cases). including themselves.
warrant could be validly dispensed with in cases of
exigent and emergency situation, and the police f. The Team should encourage the participation of, r. Checkpoint personnel must not limit their task to
officers have reasonable grounds to believe that a but not limited to, the Local Government Units law enforcement and crime deterrence. They should
crime is being committed, and they have no (LGUs),Civil Society Groups, Non-Governmental also be ready to provide police assistance in the
opportunity to apply for a search warrant from the Organizations (NGOs), business organizations, other vicinity e.g., giving directions to inquiring motorists or
courts because the latter were closed. civic groups, media and other stakeholders during the passers-by.
conduct of Police Checkpoint operations.
g. Tipped Information If the police officers have s. The PNP operating units must provide their own
reasonable grounds to believe that the subjects are g. The participation of the civilians and the presence logistical and fi nancial requirements to avoid
engaged in illegal activities, the tipped information is of the media in the conduct of checkpoint must be soliciting support from the civilians for their personal
sufficient to provide probable cause to effect a confined only as observers to give police additional or operational needs.
warrantless search and seizure. eyes and promote transparency of activities in the
area. t. Police personnel assigned in the checkpoint shall
not mulct, extort, or harass drivers, passengers, and
h. All civic groups or organizations to include the traders. Designated TL assigned at the checkpoint
media, who are inclined to participate in police shall be responsible for the actuations and behavior
RULE 11. CHECKPOINTS checkpoints, must be duly registered and accredited of his personnel and shall be accountable under the
by the PNP for such purpose. The accreditation of doctrine of Command Responsibility.
11.1 Authority to Establish Checkpoints Checkpoint is the civilian groups to join in the conduct of checkpoint
a place where the police check vehicular/ pedestrian shall be administered by the Police Regional and u. Voluntary offers of cash or in kind from the traders/
traffi c in order to enforce circulation control measure Provincial Offices. motorists passing the checkpoint should be
and other laws, orders, and regulations. The absolutely refused because the offer might be
establishment of checkpoints must always be i. PNP personnel manning the checkpoint must have misconstrued as a bribe. PNPM-DO-DS-3-2-13
authorized by the Head of Offi ce of the territorial a presentable appearance, wearing the prescribed
PNP Unit and manned by uniformed PNP personnel. PNP uniform. Likewise, the civilian members must v. The police and the civilian component must
Other units directly involved in an operation may also be in their organization’s uniform with their separately submit their After Checkpoint Operation
establish mobile checkpoints in coordination with the names conspicuously displayed for identifi cation. In Report to their respective units or organization for
Unit Commander in the area. no case shall the civilian components be allowed to proper evaluation of the effi cacy of the operation.
bear fi rearms during the checkpoint.
11.4 Procedure in the Conduct of Regular Police available, the checkpoint shall be manned initially by i. If the vehicle’s windows are heavily tinted and the
Checkpoint said personnel; PNPM-DO-DS-3-2-13 occupants cannot be seen, instruct the driver to open
all windows to have a clear view of the interior of the
a. Unit Commanders should inform Higher c. The team shall immediately inform Higher vehicle;
Headquarters (HHQs) Tactical Operations Center Headquarters of the exact location of the hasty
(TOC) and coordinate with adjacent units, such as Checkpoint to include personnel involved and j. Instruct the driver to turn off the ignition, if this was
MPS, CPS, NSUs, Public Safety Company Forces available equipment; not done when the vehicle stopped; in case of
and other friendly forces, personally or through an offi motorcycle instruct the driver to remove the key and
cial representative, before commencing with the d. In a hasty checkpoint, where there is a possibility disembark;
checkpoint to avoid misencounter and any untoward of highrisk stop and high-risk arrest, and there is an
incident; urgency for troop deployment and that public safety k. The other members of the team must be on guard
might be at risk, the participation of the civilian for any eventuality while the vehicle is being
b. The TL shall brief the PNP personnel, as well as component and the presence of the media in the approached;
the civilian components present, including the media checkpoint operation shall not be allowed;
regarding the proper conduct of the checkpoint and l. Talk to the driver in a most courteous manner and
their assigned tasks prior to their deployment; e. The Unit Commander of the personnel manning inform him of the nature of his violation. Demand to
the hasty checkpoint shall immediately send see the driver’s license, photocopies of the certifi cate
c. The TL shall initially account for the PNP personnel additional personnel, equipment and signage to the of registration and the offi cial receipt. Examine these
and check if they are in the prescribed uniform. PNP area in order to convert the Hasty Checkpoint into a PNPM-DO-DS-3-2-13 ] documents and counter-
personnel conducting the checkpoint shall display Regular Checkpoint; and check the driver on the information refl ected therein;
their nameplates at all times. If wearing a jacket, the
flap of the jacket bearing their names should also be f. As soon as the Hasty Checkpoint is converted into m. If it concerns traffi c violations, immediately issue
displayed. Likewise, the equipment will include, but a Regular Checkpoint, TL shall follow the procedures a Traffi c Citation Ticket (TCT) or Traffi c Violation
not limited to, the following: (1) Marked Patrol under 11.4c of this Report (TVR). Never indulge in prolonged,
vehicles; (2) Firearms with basic load of ammunition; unnecessary conversation or argument with the
(3) Handheld and vehicle base radios; (4) Flashlights; Rule. 11.6 General Procedure to be Followed driver or any of the vehicle’s occupants;
(5) Megaphone; (6) Video camera; and (7) Signage: When Checkpoints are Ignored When checkpoints
(a) Warning signs: (e.g., Slowdown Checkpoint are ignored, the following shall be observed: n. In case of other violations that require the
Ahead, Checkpoint 20 Meters Ahead, etc); and (b) impounding of the vehicle, inform the driver regarding
Information signs: Name of the Unit and TL. d. The a. In the event that checkpoints/roadblocks are this situation and instruct him to follow you, after
Spotter of the team will be pre-positioned in a place ignored and the motorists/suspects bump the issuing the TCT/ TVR; and
where he can best point/profi le suspected vehicles roadblock in an attempt to elude arrest or avoid
prior to their approach to the checkpoint; PNPM-DO- inspection, the TL shall immediately contact adjacent o. Before moving out, inform Headquarters regarding
DS-3-2-13 units to inform them of the situation so that these the situation/status and disposition of the person and
units can conduct dragnet operation or police motor vehicle accosted.
e. Search/Arresting Sub-Team shall flag down defensive roadblock, while the members of the
suspected vehicles and conduct search, seizure and blocking/pursuing team shall block or pursue the 11.8 Dealing with Hostile Situation The following
arrest, if necessary; errant fl eeing motorist; are the procedures to be followed in dealing with
hostile drivers:
f. In the event of seized drugs, the team having initial b. Warning shots shall not be allowed due to the
custody and control of the drugs shall immediately confusion it may create for the driver and passengers
conduct physical inventory and photograph the same of the vehicle. Megaphones or police sirens shall be
in the presence of the accused or the person/s from used instead during the pursuit. The plate number of
whom such items were confi scated and/or seized, or the vehicle shall be noted and given to other units in a. Stopping Vehicles
his/her representative or counsel, a representative adjacent areas to prevent the possibility that the
from the media and DOJ, any elected public offi cial vehicle may elude the pursuit operation; and (1) Follow the procedure stated in paragraphs a to c
who shall be required to sign the copy of the of Rule 11.7;
inventory and be given a copy thereof; c. In the event that the occupants of the vehicle open
fi re on the personnel manning the checkpoint, (2) Immediately request for back-up;
g. Arrested persons and seized items shall be turned reasonable force to overcome the suspects’ (3) Follow the suspect and always keep him within
over to the investigation sub-team for documentation aggression may be employed. visual range;
and proper disposition; (4) Expect that the suspect will notice your action at
11.7 Procedure in Flagging Down or Accosting any time. Be prepared for hot pursuit or actual hostile
h. In the event that the checkpoint is ignored, and the Vehicles While in Mobile Car confrontation;
occupants of the vehicle open fi re on the personnel (5) If the back-up is already in the vicinity, inform
manning the checkpoint, reasonable force to This rule is a general concept and will not apply in hot Headquarters that you are proceeding to accost the
overcome the suspects’ aggression may be pursuit operations. The mobile car crew shall suspect;
employed; undertake the following, when applicable: a. Call (6) Inform the suspects that you are after them
Headquarters to provide information on the make or through the use of siren or megaphone and instruct
i. Inform Higher Headquarters before terminating the type and plate number of the motor vehicle to be the driver to pull over or stop on the side of the street;
conduct of Checkpoint; accosted and, if possible, identity of occupants; (7) Park at an appropriate distance behind the
suspect’s vehicle;
j. The TL shall conduct debriefi ng of personnel after b. State the reason(s) for the planned intervention of (8) While the vehicle is being approached, the other
termination of the Checkpoint; and the suspected motor vehicle; members of the crew and back-up must be on guard
for any eventuality. Overreactions or aggression on
k. Unit Commander shall submit After-Activity Report c. Give the mobile car’s location and its direction the part of the police should be avoided; PNPM-DO-
to Higher Headquarters. before making actual intervention; DS-3-2-13

11.5 Procedure in the Conduct of On-the Spot d. Try to get alongside the suspects’ vehicle and (9) If the vehicle’s windows are heavily tinted and the
(Hasty) Checkpoints check the occupants without alarming them of your occupants cannot be seen, instruct the driver to open
purpose. You can even overtake the vehicle and wait all windows for a clear view of the vehicle’s interior;
a. PNP personnel conducting mobile patrols on board for it at an advantageous location before stopping the
patrol vehicles will initially man the checkpoint, to be suspects’ vehicle; (10) Direct the driver and other occupants of the
complemented by additional personnel upon arrival of vehicle not to make unnecessary movements and to
reinforcement. A collapsible signage with markings: e. Determine whether the suspects are hostile or not; show their hands outside the car;
“Stop, Police Checkpoint” if available, indicating also
the name of the concerned police offi ce/unit f. Make known to the suspect that you are after them (11) Instruct the driver to turn off the ignition and toss
conducting the operations, will be used for the through the use of a siren or megaphone; g. Instruct the key to the ground. Demand to see the Driver’s
purpose; the driver to pull over or stop on the side of the road; License and photocopies of the vehicle’s certifi cate
of registration and the offi cial receipt. Examine the
b. In the case of PNP personnel conducting Internal h. Park behind the suspect’s vehicle at an documents and counter-check the driver on the
Security Operation (ISO) or foot patrol, where a appropriate distance and cautiously approach the information refl ected therein; and
vehicle and collapsible signage is not readily vehicle on the driver’s side;
(12) If there are other suspects aside from the driver, “Establishment of Police Defensive Roadblocks”) a. and v. Immediately contact adjacent units to inform
separate them from one another. Pre-Conditions in Establishing Police Defensive them of the situation so that these units can conduct
Roadblocks: A police defensive roadblock may be dragnet operation, while the members of the
b. Fleeing Vehicles established in any of the following blocking/pursuing team shall block or pursue the
conditions/situations: fleeing suspects/ vehicle. (c) Participating personnel
(1) In the event that the motor vehicle did not stop (1) The object vehicle/s must be the subject of a in the roadblock must be in their prescribed uniform;
despite the warning given, inform Headquarters or recent fl ash alarm; and (d) In a roadblock, since troop deployment is
adjacent units so that dragnet operations or police (2) The driver/occupants of the vehicle are presumed urgent and public safety is at risk, the participation of
defensive roadblocks can be set-up; hostile and will not stop at the checkpoint; civilian component and the presence of media in the
(3) The vehicle disregarded a police-established roadblock shall not be allowed. (2) During the
(2) Inform Headquarters of the make or type, plate checkpoint when fl agged down; Roadblock:
number and color of the motor vehicle to be accosted (4) The identifi ed vehicle and occupants must be the
including the number of occupants and, if possible, subject of a police case/combat operational plan; (a) Establish forward observers/spotters and rear
their identity; (5) There is unauthorized troop movement; or (6) checkpoint;
There must be validated information on any of the (b)
(3) State the reason(s) for fl agging down the following: (b) Deploy security forces in a strategic and
suspected motor vehicle; defensive position;
(a) On-going hot pursuit/police chase;
(4) Give mobile car’s location and its direction before (c) Establish a strong roadblock on selected
making actual intervention; (b) Movement of suspected armed persons onboard strategic areas;
(5) When the vehicle of the suspect is cornered or a motor vehicle;
stopped, instruct the driver and other occupants in a (d) Deploy road spikes or tire defl ation system if
clear and commanding voice to follow specifi cally (c) Report of suspected armed men who have just available;
what you will require of them. Failure on their part to committed a crime;
follow will be construed as a hostile act on their part. (e) Ensure that the whole intervention procedure is
Execute instructions on the use of reasonable force; (d) Vehicle carrying escaped prisoner; or documented by the videographer;

(6) Instruct the driver to turn off the ignition and toss (e) Armed motorcycle riding criminals. b. Procedures (f) As much as possible, the area where the
the key to the ground, open the door and step out of in Establishing Roadblock: (1) Before the Roadblock: roadblock shall be established must be properly
the vehicle, then instruct him to place his hands on (a) Organize appropriate/suffi cient police tactical lighted with noticeable signage bearing the name of
top of the vehicle, or to move towards you with his security forces, utilizing maximum fi repower and the PNP Unit visibly displayed and in a PNPM-DO-
hands up; PNPM-DO-DS-3-2-13 25 armor assets (if any), with the following team DS-3-2-13
composition: safe distance from a populated area to prevent
(7) Instruct other occupants of the vehicle, if any, to collateral damage if a fi refi ght ensues;
come out one by one, and follow what the driver has i. Team Leader (TL) - shall lead and take
been instructed to do earlier; responsibility in the conduct of (g) Police car lights must be turned on at all times
roadblock preferably an offi cer with the during the operation;
(8) Arrest, handcuff and search the suspects and rank of at least Police Inspector; (h) Identify yourself-rank, name, unit verbally and
bring them to Headquarters for proper disposition; ii. Forward observer/spotter - PNP make known to the suspect/s that you are after them
and personnel who will point/profi le through the use of a siren or megaphone;
suspected vehicle subject for roadblock; (i) If the vehicle’s windows are heavily tinted and the
(9) Before moving out, inform Headquarters about the iii. Spokesperson - TL or member who is occupants cannot be seen, instruct the driver to
situation, status and disposition of the suspects and solely in charge of communicating with open all windows to have a clear view of the interior
motor vehicle accosted. the armed suspects onboard a motor of the vehicle;
vehicle subject for roadblock; (j) Instruct the driver to turn off the ignition (if this
11.9 High-Risk Stop and High-Risk Arrest iv. Sniper - to render the vehicle un- was not done when the vehicle stopped) and order
operational to avoid escape and provide all the occupants to disembark, followed by their
a. Initial Stage Upon receipt of information involving fi repower support to neutralize armed hands to be placed on top of the vehicle;
movement of armed person or persons, either singly and hostile suspects during fi refi ght;
or in group, including unauthorized movement of v. Investigation Sub-team - in charge of (k) The other members of the team must be on
government troops, or in immediate response to a investigation and documentation of the guard for any eventuality while the vehicle is being
reported commission of crime perpetrated by armed roadblock; approached;
persons, the PNP shall immediately: vi. Search/Arresting Sub-Team -
designated to conduct search, seizure (l) Intervention procedures upon stop of subject
(1) Organize appropriate tactical security forces and arrest; vehicle: Exert utmost effort to persuade the suspects
utilizing maximum fi repower and armor assets; vii. Security Sub-Team - tasked to provide to halt or stop their movement;
security in the roadblock area and
(2) Deploy the security forces to stopping zones in ensure exclusion of other vehicles and i. Start with the procedural conduct of
defensive position; and civilians not subject of roadblock; regular warrantless arrest where arrest
viii. Blocking/Pursuing Sub-Team - tasked is inevitable;
(3) Seal off the area and establish strong roadblocks/ to block/pursue fleeing suspects/vehicle; ii. Ensure proper documentation of the
barricades. ix. Medical Sub-Team – tasked to provide process; and
immediate medical assistance if iii. Respect the rights of all the persons
b. Effecting a High Risk Stop When effecting necessary; x. Additional tactical involved. (m) Procedures when
high-risk stop, the police offi cer shall: personnel/team may be employed suspects open fi re/engage the troops:
depending on the size of the hostiles; i. In the event that the occupants of the
(1) Exert utmost effort to persuade the suspects to and vehicle open fi re on the personnel
halt or stop their movement. x. Videographer – tasked to take videos manning the roadblock, reasonable
of the entire roadblock operation. force to overcome the suspects’
(2) Start with the procedural conduct of regular (b) The Team Leader (TL) shall brief the aggression may be employed; ii. Use
warrantless arrest where arrest is inevitable. elements/ members of the Police only necessary force to neutralize
Roadblock and perform the following: i. suspects; iii. Prevent panic fi ring;
(3) Ensure proper documentation of the process. Inform the next higher Headquarters of PNPM-DO-DS-3-2-13 30
(4) Respect the rights of all the persons involved. c. the make or type and plate number of
During Violent Stage The PNP shall strictly adhere to the motor vehicle to be accosted, iv. Prevent collateral damage; and
the PNP Operational Procedures (POP), particularly including PNPM-DO-DS-3-2-13 28
on the use of force (Rule 7). PNPM-DO-DS-3-2-13 v. Account for the casualties. (3) After the
the number and, if possible, identity of the occupants; Roadblock:
11.10 Police Defensive Roadblock Police ii. State the reason(s) for the planned intervention of
Defensive Roadblock is a temporary installation or the suspected motor vehicle; iii. Give the exact (a) When suspect/s surrendered or are arrested: i.
hastily built barricade set for halting traffi c to facilitate location of the roadblock to include personnel Arrested persons must be apprised of their rights in
the apprehension/neutralization of an armed involved, available equipment and marked vehicles; reference to the Miranda Doctrine; and ii. An After-
person/suspect onboard a motor vehicle. (PNP iv. Coordinate with the Chief of Police and friendly Roadblock Operations Report must be submitted to
Command Memorandum Circular No. 25-13 forces who has territorial jurisdiction over the area;
their respective units or organization for proper b. When an offense has just been committed and he the law (i.e. Miranda Warning and Anti-torture
evaluation of the effi cacy of the operation. has probable cause to believe, based on personal Warning);
knowledge of facts or circumstances, that the
(b) When suspects engage with troops: i. Account person to be arrested has committed it; (9) No unnecessary force shall be used in making
for the casualties and give immediate medical an arrest;
assistance to the wounded; ii. Protect/preserve the c. When the person to be arrested is a prisoner who
crime scene/ engagement area; and iii. Ensure has escaped from a penal establishment or place (10) Confi scated evidence shall be properly
proper documentation of the process. where he is serving final judgment or temporarily documented with the chain of custody of evidence
confined while his case is pending, or has escaped duly and clearly established;
(c) Fleeing Vehicles: i. In the event that the motor while being transferred from one confinement area
vehicle did not stop and it evaded the roadblock to another; (11) Bring the arrested person to the Police Station
despite the warning given, inform Headquarters or for documentation;
adjacent units so that another roadblock can be set- d. Where the accused released on bail attempts to
up; ii. Fleeing vehicles shall not be fi red upon leave the country without court permission; (12) Make a Return of Warrant to the court of origin
except by a sniper but only to disable the vehicle; iii. (Annex “B” - Return of Warrant Form); and
Inform Headquarters of the make or type, plate e. Violation of conditional pardon, punishable under (13) Deliver the arrested person to jail/prison upon
number and color of the motor vehicle to be Article 159 of the Revised Penal Code as a case of the issuance of a commitment order of the court.
accosted including the number of occupants and, if evasion of service of sentence; and
possible, their identity; iv. State the reason(s) for fl b. Effecting Warrantless Arrest
agging down the suspected motor vehicle; f. Arrest following a Deportation Proceeding by the
v. Give mobile car’s location and its direction before Immigration Commissioner against illegal and (1) Freeze or restrain the suspect/s;
making actual intervention; and vi. Establish Hot undesirable aliens.
Pursuit Operation. (2) Make proper introduction as to identity and
13.4 Authority of the Arresting Officer when authority to arrest;
Making an Arrest a. Police officer may summon
WARRANT OF ARREST assistance – A police officer making a lawful arrest (3) Inform the arrested person of the circumstances
may verbally summon as many persons as he of his arrest and recite the Miranda Warning and
RULE 13. ARREST deems necessary to assist him in effecting the Antitorture Warning to him;
arrest. (4) Secure the person to be arrested and use
13.1 General Guidelines handcuffs for the protection of the arresting offi cer,
b. Right of a police offi cer to break into building or other individuals or the arrested person himself;
a. All arrests should be made only on the basis of a enclosure – A police offi cer in order to make an
valid Warrant of Arrest issued by a competent arrest, with or without warrant, may break into a (5) Conduct thorough search for weapons and other
authority, except in instances where the law allows building or enclosure where the person to be illegal materials on the person arrested and
warrantless arrest. arrested is or is reasonably believed to be, if he is surroundings within his immediate control;
refused admittance thereto after announcing his
b. No violence or unnecessary force shall be used authority and purpose. (6) Confi scated evidence shall be properly
in making an arrest, and the person to be arrested documented with the chain of custody of evidence
shall not be subjected to any greater restraint than c. Right to break out from building or enclosure – duly and clearly established;
what is necessary under the circumstances. Whenever a police officer has entered the building
c. As a general rule, arrests can be made on any or enclosure to make an arrest, he may break out (7) No unnecessary force shall be used in making
day of the week and at any time of the day or night. there from, when necessary, to liberate himself. an arrest; and

d. Only judges are authorized to issue Warrants of d. Arrest after escape or rescue – If a person (8) Bring the arrested person to the Police Station
Arrest. lawfully arrested escapes or is rescued, any person for further investigation and disposition.
may immediately pursue to retake him without a
e. A Warrant of Arrest is no longer needed if the warrant at anytime and in any place within the 13.6 Duties of the Arresting Offi cer
accused is already under detention. An Order of Philippines.
Commitment is issued by the judge in lieu of the a. It shall be the duty of the police officer
Warrant of Arrest. 13.5 Procedures implementing the Warrant of Arrest to deliver the
arrested person without delay to the nearest Police
f. The following are immune from arrest: a. Serving of Warrant of Arrest Station or jail to record the fact of the arrest;

(1) A Senator or Member of the House of the (1) Verify the validity of the warrant and request for b. At the time of the arrest, it shall be the duty of
Representatives while Congress is in session for an an authenticated copy from the issuing court; the arresting officer to inform the person arrested of
offense punishable by not more than six years of PNPM-DO-DS-3-2-13 the cause of the arrest and the fact that a warrant
imprisonment; and had been issued for his arrest. The arresting offi cer
(2) Diplomatic Agents, Under the Vienna (2) In serving the warrant, the police offi cer should need not have the warrant in his possession at the
Convention on Diplomatic Relations. introduce himself and show proper identifi cation; time of the arrest but after the arrest, if the person
arrested so requires, the warrant shall be shown to
13.2 Warrant of Arrest (3) Make a manifestation of authority against the him as soon as possible;
The warrant of arrest is the written authority of the person to be arrested;
arresting officer when making an arrest or taking of c. When women or children are among the arrested
a person into custody in order that he may be bound (4) If refused entry, the police offi cer may break suspect/s, the arresting offi cer shall task the
to answer for the commission of an offense. The into any residence, offi ce, building, and other Women’s and Children’s Protection Desks (WCPD)
head of the offi ce to whom the warrant of arrest has structure where the person to be arrested is in or is offi cer or a policewoman who is familiar with
been delivered for implementation shall cause the reasonably believed to be in, after announcing his women and children protection desk duties to
warrant to be implemented within ten (10) days from purpose; conduct the pat-down search;
receipt. Within ten (10) days after the expiration of
such period, the police offi cer to whom it was (5) The police offi cer need not have a copy of the d. In case of arrest without a warrant, it shall be the
assigned for implementation shall make a report to warrant in his possession at the time of the arrest. If duty of the arresting offi cer to inform the person to
the judge who issued the warrant and in case of his the person arrested so requires, the warrant shall be arrested of his authority and the cause of the
failure to implement the same, shall state the be shown to the arrested person as soon as arrest except when he flees or forcibly resists before
reasons thereof. possible; the arresting offi cer has the opportunity to inform
him or when the giving of such information will
13.3 Arrests Without a Warrant (6) Secure the person to be arrested and use imperil the arrest;
A peace officer or a private person may, without a handcuffs for the protection of the arresting offi cer, e. The person arrested, with or without warrant,
warrant, arrest a person: other individuals or the arrested person himself; shall be informed of his constitutional right to remain
silent and that any statement he makes could be
a. When, in his presence, the person to be arrested (7) Conduct thorough search for weapons and other used against him. Also, that he has the right to
has committed, is actually committing, or is illegal materials on the person arrested and communicate with his lawyer or his immediate
attempting to commit an offense; surroundings within his immediate control; (8) family and the right to physical examination;
Inform the person to be arrested of his rights under
f. 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 within the time
prescribed in Article 125 of the Revised Penal Code
(RPC);

g. No torture, force, violence, threat, intimidation, or


any other means which vitiate the free will shall be
used against an arrested person. The bringing of
arrested persons to secret detention places, solitary
confi nement and the like is prohibited;

h. If the person arrested without a warrant waives


his right under the provisions of Art 125 of the
Revised Penal Code, the arresting offi cer shall
ensure that the former signs a waiver of detention in
the presence of his counsel of choice; and

i. If the person arrested waives his right against


selfincrimination and chooses to give his 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.

13.7 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

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