Police Operational Procedure REVIEWER
Police Operational Procedure REVIEWER
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);