CHAPTER 1 - Week 1 12

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law enforcement operation with planning and crime mapping

CHAPTER 1- POLICE OPERATIONS

Course Outcomes:
At the end of the course, the students should be able to:
1. Understand the different kinds of police operations.
2. Know the duties and responsibilities of police officers in the conduct of
police operations.
3. Demonstrate the proper conduct of each police operation.
4. Determine whether a certain police operation conducted is legal or not.
5. Appreciate the importance of properly conducting police operations

I. POLICE OPERATIONS
CATEGORIES OF POLICE OPERATIONS
Police operations are categorized as follows:
1. Public Safety Operation- includes Search, Rescue and Retrieval Operations,
Fire Drills, Earthquake Drills and similar operations that promote public safety.
2. Law Enforcement Operation- includes Service of Warrant of Arrest,
Implementation of Search Warrant, Enforcement of Visitorial Powers of the Chief,
Philippine National Police and Unit Commanders, Anti-Illegal Drugs Operation,
Anti-Illegal Gambling Operations, Anti-Illegal Gambling Operations, Anti-Illegal
Logging Operation, Anti-Illegal Fishing Operations, Anti-Carnapping Operations,
Anti-Kidnapping Operations, Anti-Cybercrime Operations and similar operations
that are conducted to enforce laws, statutes, executive orders and ordinances.
3. Internal Security Operation- includes Counter-Insurgency Operations, Counter
Terrorist Operations and similar operations that are conducted to ensure internal
security.
4. Special Police Operation- includes Checkpoint Operation, Roadblock
Operation, Civil Disturbance Management Operation, Police Assistance in the
Enforcement of Demolition Eviction Injunction and Similar Orders, Police
Assistance in the Implementation of Final Court Order and Order from Quasi-
Judicial Bodies, Hostage Situation, Visit Board Search and Seizure Onboard
Marine Vessels and similar police operations that are conducted by police units
with specialized training on the peculiarity of the mission or purpose.
5. Intelligence Operation-includes Surveillance Operation, Counterintelligence,
Intelligence Research, Intelligence Assessment and similar police intelligence
operation conducted to gather information related to security, public safety and
order.
6. Investigation Operation- includes Investigation and similar investigative work
necessary to determine facts and circumstances for filing cases criminally or
administratively.

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7. Scene of the Crime Operation (SOCO)- includes the processing of crime


scene, technical and forensic examination of evidence and similar scientific
investigative assistance.

Operational Procedures
Pre- Operational Clearance
No police operation shall be conducted without the approval of the
Chief/Commander/Head of the concerned Police Unit/Office. A pre-operational
clearance shall be filed by the Team Leader of the operating team/s prior to the conduct
of the operation and shall be approved by the concerned Police Unit Commander. This
clearance shall be approved by the concerned Police Unit Commander. This clearance
shall be submitted to the operations section/division of the concerned police unit for
record purposes.
Inter-Unit Coordination
1. Personal Coordination or by Official Representative
Team Leader/s (TL) of local police units operating outside their territorial
jurisdiction and National Support Units (NSUs) shall coordinate, personally or
through an official representative, with the Police Regional, Provincial or City
Police Office within whose jurisdiction the operation is to be conducted.

2. Coordination by Filing Coordination Form


Prior to the launching of the operation, except in cases where the formal (in
writing) inter-unit coordination cannot be made due to the nature and/or urgency
of the situation such as, but not limited to, cross-jurisdictional pursuit operations,
coordination should be made formally using the prescribed Coordination Form,
which shall be made formally using the prescribed Coordination Form, which
shall be filed with the concerned operation center of the Police Regional,
Provincial, or City Office.

3. Coordination by Practical/Available Means of Communication


In cases where formal inter-unit coordination is not feasible, the Police Unit
concerned shall endeavor to notify the territorial police through any
practical/available means of communication at anytime during the operation and,
if not possible, shall accomplish and furnish the territorial Police Office a written
incident report immediately after the termination of the operation.
Requirements of Police Operations
1. Basic Requirements
Police operations like arrest, search and seizure, checkpoint, roadblocks,
demolition and civil disturbance management shall be conducted as follows:

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a. With marked police vehicle;


b. Led by a Police Commissioned Officer (PCO); and
c. With personnel in prescribed police uniform or attire.

2. Use of Megaphones and Similar Instruments


During actual police intervention operations, the Team Leader shall use peaceful
means including the use of megaphones or any other similar instruments to warn
or influence the offender/s or suspect/s or peacefully give up.

3. Warning Shots
The police shall not use warning shots during police intervention operations.
Use of Force During Police Operations
1. Use of Excessive Force Prohibited
The excessive use of force during police operation is prohibited. However, in the
lawful performance of duty, a police officer may use necessary force to
accomplish his mandated tasks of enforcing the law and maintaining peace and
order.
2. Issuance of Verbal Warning
The police officer must first issue a verbal warning before he could use force
against an offender. As far as practicable, the verbal warning shall be in the
dialect that is known to the offender or in the national language. Basically, the
verbal warning shall consist of the following: the police officer identifying himself;
his intention; and what he wants the offender to do. If the offender is a foreigner,
the verbal warning shall be done in the English language followed by a
demonstrative act of the police officer’s intent. The verbal warning shall be done
in a loud and clear manner.
3. Non-Issuance of Verbal Warning When Excusable
The failure to issue a verbal warning is excusable in cases where threat to life or
property is already imminent, and there is no other option but to use force to
subdue the offender.
4. Use of Non-Lethal Weapon
When suspects is violent or threatening, and that less physical measures have
been tried and deemed inappropriate, a more extreme, but non-deadly measure
can be used as such as baton/truncheon, pepper spray, stun gun and other
nonlethal weapon to bring the suspect under control or effect an arrest.
5. Application of Necessary and Reasonable Force
During confrontation with an armed offender, only such necessary and
reasonableness force shall be applied as would be sufficient to overcome the
resistance put up by the offender; subdue the clear and imminent danger posed
by him; or to justify the force/act under the principles of self-defense, defense of
relative, or defense of stranger.
6. Factors to Consider in the Reasonableness of the Force Employed

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law enforcement operation with planning and crime mapping

A police officer, however, is not required to afford offender/s attacking him the
opportunity for a fair or equal struggle. The reasonableness of the force
employed will depend upon the number of aggressors, nature and characteristic
of the weapon used, physical condition, size, and other circumstances to include
the place and occasion of the assault. The police is given the sound discretion to
consider these factors in employing reasonable force.
7. Responsibility of the Police Officer in Charge of the Operation
The police officer who is in charge of the operation shall, at the times, exercise
control over the police personnel in the area of operation, and shall exhaust all
possible means to apply the necessary and reasonable force to protect lives and
properties during the armed confrontation.
Use of Firearm During Police Operations
1. Use of Firearm When Justified
The use of firearm is justified if the offender poses imminent danger of causing
death or injury to the police officer or any other persons. The use of firearm is
also justified under the doctrines of self-defense of a relative, and defense of
stranger. However, one who resorts to self-defense must face a real threat on his
life, and the peril sought to be avoided must be actual, imminent, and real.
Unlawful aggression should be present for their self-defense to be considered as
justifying circumstance.
2. Firing at Moving Vehicles Prohibited but with Exceptions
A moving vehicle shall not be fired upon except when its occupants pose
imminent danger of causing death or injury to the police officer or any other
person, and that the use of firearm does not create danger to the public and
outweigh the likely benefits of its non-use.
3. Parameters to be Considered in Firing at Moving Vehicles
In firing at moving vehicle, the following parameters should be considered:
a. The intent of the suspect/s to harm the police officer or other persons.
b. The capability of the suspect/s to harm with certainty the police officer or
other persons; and
c. Accessibility or proximity of the suspects/s from the police officer and
other purposes.
4. Filing of an Incident Report after the Use of Firearm
A police officer who is fires his/her service firearm or weapon during a
confrontation with an offender or offenders must submit an incident report
outlining the circumstances necessitating the use of firearm.
5. Procedures After an Armed Confrontation
Immediately after an armed confrontation, the officer who is in charge of the
operation shall:
a. Secure the site of confrontation;
b. Take photographs;
c. Check whether that situation still poses imminent danger;

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d. Evacuate the wounded to the nearest hospital ;


e. Ensure that all person’s who died on the spot are not moved from their
original position ;
f. Arrested suspects should be kept an isolation moved from the original
position;
g. Conduct debriefing on all involved PNP operatives;
h. Submit After-Operations Report; and
i. Ensure psychological stress counselling for all involved PNP operatives.
Patrol Procedures
1. Observe precautionary measures and personal safety while on patrol;
2. Observe defensive driving and follow traffic rules and regulations;
3. Select routes which provide best visibility;
4. Patrol members must be always on the look-out for indications of vices and other
illegal activities on their beat;
5. Patrol members must be knowledgeable of all conditions, events and details of
places on their beat;
6. Be observant people, places, situations or conditions and develop a suspicious
attitude especially if the subject appears to be slightly out of the ordinary;
7. Keep under close observation actions of juvenile, troublemakers/agitators and
the mentally ill/retarded persons;
8. Be familiar, as much as possible, with known criminals/ex-convicts residing in or
frequenting the patrol beat;
9. Be familiar with stay-in employees of business establishments on your beat;
10. Be on alert for loiterers;
11. Keep watch on uninhabited homes;
12. Observe the practice of “shaking doors” of unguarded business establishments
during night patrol. Check for signs of intrusion;
13. Establish good rapport with the people on your beat;
14. Develop contacts by getting to know as many people as possible who can give
factual information about crime conditions on the patrol beat;
15. Use tact and persuasiveness when conducting spot inquiry or questioning
individual information;
16. When regarding identification from a suspicious person or any individual, avoid
taking the wallet or bag in which the cards/documents are placed. Let the
individual remove and hand them to you;
17. When checking suspicious persons, places, buildings/establishments, and
vehicles especially during nighttime, be prepared to use your service firearm.
Flashlight should be held tightly away from the body to avoid making you a
possible target; and
18. Patrol members should avoid loitering in theaters, restaurants, and other
recreational places.

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law enforcement operation with planning and crime mapping

Duties of Patrol Supervisors


1. In any operation, careful planning is a must in order to avoid waste of time, effort
and resources. Make a patrol plan with the following details:
a. Area Coverage: safe haven, ambush areas and crime-prone areas
b. Organizational Detail of Personnel;
c. Duration;
d. Stand-by points; and
e. Route plan.
2. Designate and select the members of the patrol team/s;
3. Inspect the members of the patrol for completeness of uniforms, operational
readiness and all government-issued equipment (firearms, mobile car, radio, etc.)
to ensure that these are well maintained and properly used by the Patrol Officer;
4. Conduct briefing prior to dispatch by disseminating any orders, directives or
instructions from the Chief of Police or higher authorities and new policy or
guidelines being implemented by the PNP Organization;
5. Remind the patrol team about the strict observance of the PNP Operational
Procedures;
6. Strictly observe “Buddy System” during the patrol operations;
7. Render hourly report of location and situation through radio/telephone/cellphone
to Police Community Precinct (PCP)/Station Headquarters Tactical Operation
Center (TOC);
8. Render after patrol report duly signed by detailed personnel. PCP Commanders
shall collate and submit significant details to the Station Patrol Supervisor, who in
turn, will submit the same to the Provincial/District Patrol Supervisor; and
9. Conduct debriefing after the patrol to assess its conduct and make necessary
corrective measures on defects noted.
Duties of Patrol Officer
1. Attend the Roll Call Formation before his Tour of Duty for briefing and likewise
attend the after Tour of Duty Formation for debriefing;
2. Patrol the assigned beats, observe and check suspicious people,
structures/buildings, compounds and vehicles;
3. Observe and monitor public gatherings, prevent disorders and disperse unlawful
assemblies;
4. Inspect and/or conduct surveillance in various business establishments and other
installations and remove hazards to public safety;
5. Check suspicious vehicles (private, public, or commercial/delivery vehicles) along
the main roads/highways in the course of their patrol;
6. Report occurrences and conditions which can relate to crime, public peace, order
and safety;
7. Prevent crimes and arrest sighted law violators, assuring the public peace, order
and safety;

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8. Conduct regular visitations, dialogues/consultations with the residents and other


stakeholders;
9. Assist personnel of responsible agencies/unit in facilitating the flow of traffic at
busy intersections/roads within the Area of Responsibility (AOR), assist and
provide pedestrian information such as directions and streets locations;
10. Enforce city/municipal ordinances on liquor establishments and night clubs,
cabarets and all houses of ill-repute;
11. Respond to calls, entertain complaints, initiate the investigation and protection of
the scene and minimize the after-effects of accidents, fires and other
catastrophes;
12. Patrol officers shall wear the prescribed uniform; and
13. Patrol Officers must have the equipment necessary in the performance of duty.
Guidelines and Procedures when Responding to Calls for Police Assistance
1. Gather and note down in the patrol officer’s logbook all available data as to the
nature of the calls, date, time, and name of the caller. It may be regular, urgent,
or emergency in nature.
2. The manner of approach will be independent on the nature of the call, either with
haste/secrecy or with/without flashing lights and sirens.
3. Consider the pertinent factors like the time, traffic conditions, the possibility of
greater damage and the neighborhood characteristics.
4. Stop the patrol car some distance from the scene. Approach the scene on foot, in
complete silence and exercising extreme caution.
5. Immediately attend the injured unless the other members of the patrol are in the
immediate danger.
6. Focus all efforts to arrest criminals; however, priority shall be given to aiding the
injured.
7. Determine the crime committed, identify and question briefly the
victim/complainant and possible witnesses at the scene.
8. If the suspects or criminals have fled the scene before the arrival of the patrol
team, immediately relay the composition, armament, appearance, and mode and
direction of escape of the suspects to the Operations Center for the conduct of
dragnet operations.
9. When responding to street fights/brawls, the patrol member should call for back-
up before intervening. If there are no injuries and insufficient corroborative
statements obtained to identify who started the fight, disperse the crowd and
make compete notes.
10. Never treat calls or complaints of loud noises caused by barking dogs, drunks,
appliances, and parties as negligible or nuisance. They only need courteous and
tactful intervention and not enforcement actions.
11. When responding to calls for police assistance due to planted or found
explosives, never attempt to handle, move, or lift the object. Instead contact
Operations Center and request for Explosives Ordinance Disposal Team

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(EODT). On-lookers must be promptly led to a safe distance away from the
scene.
12. When responding to calls from owners or beer houses, bars or inns or any other
similar establishments during nighttime, request the owner to put lights on first
before entering establishments.
13. Do not attempt to arbitrate and resolve conflicts/differences between neighbors,
landlords/tenants, husband, and wife.
Spot Checks/Accosting and Pat-Down Searches
Ground for Spot Check/Search
1. Spot Check/Accosting.
The police officer may stop an individual for the purpose of conducting a spot
check/accosting only when reasonable suspicion exists. Reasonable suspicion
must be more than just a hunch or feeling. In justifying the stop, the police officer
must be able to point to specific facts that, when taken together with rational
inferences, reasonably warrant the stop. Such facts include, but are not limited
to, the following:
a. The appearance or demeanor of the individual suggests that he is part of
a criminal enterprise or is engaged in a criminal act;
b. The actions of the individual suggest that he is engaged in a criminal
activity;
c. Questionable presence of the individual in the area;
d. The subject is carrying a suspicious object;
e. The suspect’s clothing bulges in a manner that suggests he is carrying a
weapon ;
f. The suspect has been found in the time and place proximate to an alleged
crime;
g. The police officer has knowledge of the suspect’s prior criminal record or
involvement in a criminal activity; and
h. The individual flees at the sight of a police officer.

2. Body Frisk/Pat-Down Search.


A police officer has the right to perform pat-down search if the individual has
been legitimately stopped with reasonable suspicion and when the police officer’
or another person’s safety. Circumstances which may justify pat-down search:

a. The type of crime believed to be committed by the subject, particularly


crimes of violence where the threat of use or use of deadly weapon is
involved;
b. Where the police officer handles several suspects;
c. The time of the day and the location where the pat down search took
place.

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d. Prior knowledge by the police officer of the suspect’s use of force and/or
propensity to carry deadly weapons;
e. The appearance and demeanor of the suspect;
f. Visual indications suggesting that the suspect is carrying a firearm or other
deadly weapon; and
g. Whenever possible, pat-down searches should be performed by police
officers at the same gender.
Procedures and Guidelines
1. Spot Check/Accosting
a. When approaching the individual, the police officer shall clearly identify
himself as a police officer. If not in uniform, the police officer must identify
himself by announcing his identity and displaying official identification card
and/or badge.
b. Police officers shall be courteous all time but maintain caution and remain
vigilant for suspicious movements like attempting to retrieve weapon,
conceal or discard contraband, or other similar actions.
c. Before approaching more than one individual, police officers should
determine whether the circumstances warrant a request for back-up and
whether the spot check/accosting can and should be delayed until such
back-up arrives.
d. Police officers shall continue their questions as to the person’s identity,
place of residence, and other inquiries necessary to resolve the police
officer’s suspicion. However, in no instance shall police officer hold a
person no longer than the period reasonably necessary to be able to make
these limited inquiries and to relive suspicions.
e. Police officers are not required to inform the person of his rights under the
law (i.e. Miranda Warning, Anti-Torture law, etc.) unless the person is
placed under arrest.
2. Body Frisk/Pat-Down Searches
When reasonable suspicion justifies a pat-down search, the search should be
performed with due caution, restraint, and sensitivity. Pat-down searches should
be conducted in the following manner:
a. Whenever possible, pat-down searches should be conducted by at least
two (2) police officers, one to perform the search while the other provides
protective cover.
b. Because pat-down searches are cursory in nature, they should be
performed with the suspect in a standing position, or with hands placed
against a stationary object, and feet spread apart. However, should an
officer visually observe weapon, a more secure search position may be
used like the prone (lying face down) position.
c. In a pat-down search, officers are permitted only to feel the outer clothing
of the suspect. Police officers may not place their hands inside the

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pockets of the subject’s clothing unless they feel an object that could
probably be a weapon, such as a gun, knife, club, or the like.
d. If the suspect is carrying an object such as handbag, suitcase, briefcase,
sack, or other similar items that may conceal a weapon, the police put in a
place out of the suspects reach.
e. If the external patting of the suspects clothing fails to disclose evidence of
a weapon, no further search may be made. If a weapon is found and the
possession of which amounts to a violation of the law, the police officer
shall arrest the suspect and conduct a complete search of his person.
Reporting after the Spot Check/Accosting or Pat-Down Search
If after the conducting a spot check/accosting or pat-down search, the police officer
has no basis for making an arrest, he should record the facts of such spot
check/accosting or pat-down search and forward a report to the appropriate authority. If
the spot check/accosting or pat-down search gives a justification for a valid warrantless
arrest, then an arrest shall be made.
Checkpoints
Authority to Establish Checkpoints
Checkpoint is a place where the police check vehicular/pedestrian traffic in order to
enforce circulation control measure and other laws, orders, and regulations. The
establishment of checkpoints must always be authorized by the Head of Office of the
Territorial PNP Unit and manned by uniformed PNP Personnel. Other units directly
involved in an operation may establish mobile checkpoints in coordination with the Unit
Commander in the area.
Composition
In the conduct of checkpoint, the checkpoint team shall be composed of, but not limited
to, the following:
1. Team Leader (TL)- shall led and take responsibility in the conduct of checkpoint
preferably an officer with the rank of at least Police Lieutenant.
2. Spotter- PNP personnel who will point/profile suspected vehicle subject for
checkpoint.
3. Spokesperson- TL or member who is in charge of communicating with the
motorist’s subject for checkpoint.
4. Investigation Sub-team- in charge of investigation and documentation of
possible incidents in the checkpoint to include issuance of Traffic Citation Ticket
(TCT) or Traffic Violation Report (TVR).
5. Search/Arresting Sub-Team- designated to conduct search, seizure and arrest,
if necessary;
6. Security Sub-Team- tasked to provide security in the checkpoint area; and

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7. Blocking/Pursuing Sub-Team- team tasked to block/pursue fleeing


suspects/vehicle.
Guidelines in the Conduct of Checkpoints
1. Mobile checkpoints are authorized only when established in conjunction with
ongoing police operations. Only officially marked vehicles with blinkers turned on,
if available, shall be used in establishing mobile checkpoints.
2. Checkpoints are established to enforce circulation control measures, laws, orders
and regulations, and when there is a need to arrest a criminal or fugitive from
justice.
3. The composition of the personnel manning the checkpoint shall be left sound
discretion of the Team Leader (TL), with the coordination of female PNP officer in
the team especially when there is an anticipated female suspects.
4. The minimum Police Checkpoint team shall at least be composed of an 8-man
complement, with three verifiers, one spotter, one TL, one profiler, one rear
security and one advance security.
5. The Team manning checkpoints must have immediate contact with the LGU’s,
Public Attorney’s Office (PAO) or any other member of the Philippine bar, and/or
the media (for drug cases).
6. The Team should encourage the participation of, but not limited to, the Local
Government Units (LGU’s), Civil Society Groups, Non-Governmental
Organizations (NGO’s) business organizations, or other civic groups, media and
other stakeholders during the conduct of Police Checkpoint operations.
7. The participation of the civilians and the presence of the media in the conduct of
checkpoint must be confined only as observers to give police additional eyes and
promote transparency of activities in the area.
8. All civic groups or organizations to include the media, who are inclined to
participate in police checkpoints, must be duly registered and accredited by the
PNP for such purpose. The accreditation of the civilian groups to join in the
conduct of checkpoint shall be administered by the Police Regional and
Provincial Offices.
9. PNP personnel manning the checkpoint must have a presentable appearance,
wearing the prescribed PNP uniform. Likewise, the civilian members must also
be in their organization’s uniform with their names conspicuously displayed for
identification. If no case shall the civilian components be allowed to bear firearms
during the checkpoint.
10. In Metro Manila and other major cities, police officers manning the checkpoints
should not wear Field Service Uniform (FSU) or black fatigues in Lieu of the PNP
General Office Attire unless the conduct of checkpoint isa a result of Hot Pursuit
Operation or High-Risk Checkpoint. The use of mixed uniforms (GOA, FSU,
Black fatigue) in the conduct of checkpoint is strictly prohibited.
11. As much as possible, the area where the checkpoints shall be established must
be properly lighted, with a noticeable signage bearing the name of the PNP unit

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and the participating organization’s visibly displayed in the checkpoint site, to


prevent any apprehension from the public of the existence of the same.
12. Due courtesy must be accorded to the motorists, traders and the commuters
during the conduct of checkpoint.
13. The spokesperson must greet people subject for inspection, extend apology for
the inconvenience, appeal for understanding and state the reasons of the
operation, upon completion, thank the person/s searched.
14. Except in the actual commission of crime during checkpoints or in a hot pursuit
operation, the conduct of inspection of vehicle during a routine checkpoint is
limited to a visual search and therefore must be done with due respect to
innocent passers-by, commuters, or bystanders and to be conducted in a manner
that is of least inconvenience to the public. Searches, seizure, and arrests made
during checkpoints shall be within the ambit of the law.
15. Violations/Infractions of the law discovered during the checkpoint operation shall
be expeditiously disposed of following legal procedures. Arrested persons must
be apprised of their rights with respect to the Miranda Doctrine.
16. The security of the PNP personnel, and most especially that of the civilians
participating in the checkpoint operation, must be given due consideration in the
planning of the operation.
17. Only the security sub-team and blocking/pursuing sub-team members are
allowed to display high-powered firearms should be positioned where they can
best provide security to the Checkpoint team, including themselves.
18. Checkpoint personnel must not limit their task to law enforcement and crime
deterrence. They should also be ready to provide police assistance in the vicinity
e.g., giving directions to inquiring motorists or passers-by.
19. The PNP operating units must provide their own logistical and financial
requirements to avoid soliciting support from the civilians for their personal or
operational needs.
20. Police personnel assigned in the checkpoint shall not mulct, extort, or harass
drivers, passengers, and traders. Designated TL assigned at the checkpoint shall
be responsible for the actuations and behavior of his personnel and shall be
accountable under the doctrine of Command Responsibility.
21. Voluntary offers of cash or in kind from the traders/motorists passing the
checkpoint should be absolutely refused because the offer might be
misconstrued as a bribe.
22. The police and the civilian component must separately submit their After
Checkpoint Operation Report to their respective units or organization for proper
evaluation of the efficacy of the operation.
Procedures in the Conduct of Regular Police Checkpoint
1. Unit Commanders should inform Higher Headquarters (HHQs) Tactical
Operations Center (TOC) and coordinate with adjacent units, such as MPS, CPS,
NSUs, Public Safety Company Forces and other friendly forces, personally or

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through an official representative, before commencing with the checkpoint to


avoid misencounter and any untoward incident;
2. The TL shall brief the PNP personnel, as well as the civilian component present,
including the media regarding the proper conduct of the checkpoint and their
assigned tasks prior to their deployment.
3. The TL shall initially account for the PNP personnel and check if they are in the
prescribed uniform. PNP personnel conducting the checkpoint shall display their
nameplates at all the times. If wearing a jacket, the flap of the jacket bearing their
names should also be displayed. Likewise, the equipment will include, but not
limited to, the following:
a. Marked Patrol vehicles;
b. Firearms with basic load of ammunition;
c. Handheld and vehicle base radios;
d. Flashlights;
e. Megaphone;
f. Video camera; and
g. Signage: Warning signs: (eg., Slowdown Checkpoint Ahead, Checkpoint
20 Meters Ahead, etc)’ and Information signs: (Name of the Unit and TL).
4. The Spotter of the team will be pre-positioned in a place where he can best
point/profile suspected vehicles prior to their approach to the checkpoint;
5. Search/Arresting Sub-team shall flag down suspected vehicles and conduct
search, seizure and arrest, if necessary;
6. In the event of seized drugs, the team having initial custody and control of the
drugs shall immediately conduct physical inventory and photograph the same in
the presence of the accused of the person/s from whom such items were
confiscated and/or seized, or his/her representative or counsel, a representative
from the media and DOJ, any elected public official who shall be required to sign
the copy of the inventory and be given a copy thereof;
7. Arrested persons and seized items shall be turned over to the investigation sub-
team for documentation and proper disposition;
8. In the event that the checkpoint is ignored, and the occupants of the vehicle open
fire on the personnel manning, the checkpoint, reasonable force to overcome the
suspects aggression may be employed;
9. Inform Higher Headquarters before terminating the conduct of Checkpoint;
10. The TL shall conduct debriefing of personnel after termination of the checkpoint;
and
11. Unit Commanders shall submit After-Activity Report to Higher Headquarters.
Procedure in the Conduct of On-The-Spot (Hasty) Checkpoints
1. PNP personnel conducting mobile patrols on board patrol vehicles will initially
man the checkpoint, to be complemented (pinupunan/binubuo) by additional
personnel upon arrival of reinforcement. A collapsible signage with markings:

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“Stop, Police Checkpoint” if available, indicating also the name of the concerned
police office/unit conducting the operations, will be used for the purpose;
2. In the case PNP personnel conducting Internal Security Operation (ISO) or foot
patrol, where a vehicle and collapsible signage is not readily available, the
checkpoint shall be manned initially by the said personnel;
3. The team shall immediately inform Higher Headquarters of the exact location of
the hasty Checkpoint to include personnel involved and available equipment;
4. In a hasty checkpoint, where there is possibility of high-risk stop and high-risk
arrest, and there is an urgency for troop deployment and that public safety might
be at risks, the participation of the civilian component and the presence of the
media in the checkpoint operation shall not be allowed;
5. The Unit Commander of the personnel manning the hasty checkpoint shall
immediately send additional personnel, equipment and signage to the area in
order to convert the Hasty Checkpoint into a Regular Checkpoint; and
6. As soon as the Hasty Checkpoint is converted into a Regular Checkpoint, TL
shall follow the earlier stated procedures.
General Procedure to be Followed When Checkpoints are Ignored
When checkpoints are ignored, the following shall be observed:
1. In the event that checkpoints/roadblocks are ignored, and motorists/suspects
bump the roadblock in an attempt to elude arrest (makaiwas sa pag aresto) or
avoid inspection, the TL shall immediately contact adjacent units to inform them
of the situation so that these units can conduct dragnet operation or police
defensive roadblock, while the members of the blocking/pursuing team shall
block or pursue the errant fleeing motorists;
2. Warning shots shall not be allowed due to the confusion it may create for the
driver and passengers of the vehicle. Megaphones or police sirens shall be used
instead during the pursuit. The plate number of the vehicle shall be noted and
given to other units in adjacent areas to prevent the possibility that the vehicle
may elude the pursuit operations; and
3. In the event that the occupants of the vehicle open fire on the personnel manning
the checkpoint, reasonable force to overcome the suspect’s aggression may be
employed.
Procedure in Flagging Down or Vehicles While in Mobile Car
This rule is a general concept and will not apply in hot pursuit operations. The
mobile car crew shall undertake the following, when applicable:
1. Call Headquarters to provide information on make or type and plate number of
the motor vehicle to be accosted and, if possible, identity the occupants;
2. State the reason (s) for the planned intervention of the suspected motor vehicle;
3. Give the mobile car’s location and its direction before making actual intervention;

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4. Try to get alongside the suspects’ vehicle and check the occupants without
alarming them of your purpose. You can even overtake the vehicle and wait for it
at an advantageous location before stopping the suspect’s vehicle;
5. Determine whether the suspects are hostile or not;
6. Make known to the suspect that you are after them through the use of a siren or
megaphone;
7. Instruct the driver to pull over (itabi) or stop on the side of the road;
8. Park behind the suspect’s vehicle at an appropriate distance and cautiously
approach the vehicle on the driver’s side;
9. If the vehicle’s window are heavily tinted and the occupants cannot be seen,
instruct the driver to open all window’s to have clear view of the interior of the
vehicle;
10. Instruct the driver to turn off the ignition, if this was not done when the vehicle
stopped; in case of motorcycle instruct the driver to remove the key and
disembark; (bumababa)
11. The other members of the team must be on guard for any eventuality while the
vehicle is being approached;
12. Talk to the driver in a most courteous manner and inform him of the nature of his
violation. Demand to see the driver’s license, photocopies of the certificate of
registration and the official receipt. Examine these documents and counter-check
the driver on the information reflected therein;
13. If it concerns traffic violations, immediately issue a Traffic Citation Ticket (TCT) or
Traffic Violation Report (TVR). Never indulge in prolonged, unnecessary
conversation or argument with the driver or any of the vehicle’s occupants;
14. In case of other violations that require the impounding of the vehicle, inform the
driver regarding this situation and instruct him to follow you, after issuing the
TCT/TVR; and
15. Before moving out, inform Headquarters regarding the situation/status and
disposition of the person and motor vehicle accosted.
Dealing with Hostile Situation
The following are the procedures to be followed in dealing with hostile drivers”
1. Stopping Vehicles
a. Follow the procedure stated in number 1-3 in the earlier paragraph;
b. Immediately request for back-up;
c. Follow the suspect and always keep him within visual range;
d. Expect that the suspect will notice your action at any time. Be prepared for
hot pursuit or actual hostile confrontation;
e. If the back-up is already in the vicinity, inform Headquarters that you are
proceeding to accost the suspect;

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f. Inform the suspects that you are after them through the use of siren or
megaphone and instruct the driver to pull over or stop on the side of the
street;
g. Park at an appropriate distance behind the suspect’s vehicle;
h. While the vehicle is being approached, the other members of the crew and
back-up must be on guard for any eventuality. Overreactions or
aggression on the part of the police should be avoided;
i. If the vehicle’s window are heavily tinted and the occupants cannot be
seen, instruct the driver to open all windows for a clear view of the
vehicle’s interior;
j. Direct the driver and other occupants of the vehicle not to make
unnecessary movements and to show their hands outside the car;
k. Instruct the driver to turn off the ignition and toss the key to the ground.
Demand to see the Driver’s License and photocopies of the vehicle’s
certificate of registration and the official receipt. Examine the documents
and counter-check the driver on the information reflected therein; and
l. If there are other suspects aside from the driver, separate them fror one
another.
2. Fleeing Vehicles
a. In the event that the motor vehicle did not stop despite the warning given,
inform Headquarters or adjacent unit’s so that dragnet operations or police
defensive roadblocks can be set-up;
b. Inform Headquarters of the make or type, plate number and color of the motor
vehicle to be accosted including the number of occupants and, if possible,
their identity;
c. State the reason (s) for flagging down the suspected motor vehicle;
d. Give mobile car’s location and it’s direction before making actual intervention;
e. When the vehicle of the suspect is cornered or stopped, instruct the driver
and other occupants in a clear and commanding voice to follow specifically
what you will require of them. Failure on their part to follow will be construed
as a hostile act on their part. Execute instructions on the use of reasonable
force;
f. Instruct the driver to turn off the ignition and toss the key to the ground, open
the door and step out of the vehicle, then instruct him to place his hands on
the top of the vehicle, or to move towards you with his hands up;
g. Instruct other occupants of the vehicle, if any, to come out one by one, and
follow what the driver has been instructed to do earlier;
h. Arrest, handcuff and search the suspects and bring them to Headquarters for
proper disposition; and
i. Before moving out, inform Headquarters about the situation, status and
disposition of the suspects and motor vehicle accosted.
High-Risk Stop and High-Risk Arrest

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1. Initial Stage
Upon receipt of information involving movement of armed person or persons,
either single or in group, including unauthorized movement of government troops,
or in immediate response to a reported commission of crime perpetrated by
armed persons, the PNP shall immediately:
a. Organize appropriate tactical security forces utilizing maximum firepower
and armor assets.
b. Deploy the security forces to stopping zones in defensive position.
c. Seal off the area and establish strong roadblocks/barricades.
2. Effecting a High-Risk Stop
When effecting high-risk stop, the police officer shall:
a. Exert utmost effort to persuade the suspects to halt or stop their
movement.
b. Start with the procedural conduct of regular warrantless arrest where
arrest is inevitable.
c. Ensure proper documentation of the process.
d. Respect the rights of all the persons involved.
3. During Violent Stage
The PNP shall strictly adhere to the PNP Operational Procedure (POP),
particularly on the use of force.
Police Defensive Roadblock
Police Defensive Roadblock is a temporary installation or hastily built barricade set
for halting traffic to facilitate the apprehension/neutralization of an armed
person/suspect onboard a motor vehicle.
a. Pre-Conditions in Establishing Police Defensive Roadblocks:
A police defensive roadblock may be established in any of the following
conditions/situations:
1. The object vehicle/s must be subject of a recent flash alarm;
2. The driver/occupants of the vehicle are presumed hostile and will not stop at the
checkpoint;
3. The vehicle disregarded a police-established checkpoint when flagged down;
4. The identified vehicle and occupants must be subject of a police case/combat
operational plan;
5. There is unauthorized troop movement: or (6) There must be validated
information on any of the following:
a. On-going hot pursuit/police chase;
b. Movement of suspected armed persons onboard a motor vehicle;
c. Report of suspected armed men who have just committed a crime;
d. Vehicle carrying escaped prisoner; or
e. Armed motorcycle riding criminals.

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b. Procedures in Establishing Roadblock


1. Before the Roadblock:
a. Organized appropriate/sufficient police tactical security forces, utilizing
maximum firepower and armor assets (if any), with the following team
composition:
1. Team Leader (TL)- shall lead and take responsibility in the conduct of
roadblock preferably an officer with the rank of at least Police Lieutenant.
2. Forward observer/spotter- PNP personnel who will point/profile
suspected vehicle subject for roadblock;
3. Spokesperson- TL or member who is solely in charge of communicating
with the armed suspects onboard a motor vehicle subject for roadblock;
4. Sniper- to render the vehicle un-operational toa avoid escape and provide
firepower support neutralize armed and hostile suspects during firefight;
5. Investigation Sub-Team- in charge of investigation and documentation of
the roadblock;
6. Search/Arresting Sub-Team- designated to conduct search, seizure and
arrest;
7. Security Sub-Team-tasked to provide security in the roadblock area and
ensure exclusion of other vehicles and civilians not subject or roadblock;
8. Blocking/Pursuing Sub-Team- tasked to block/pursue fleeing
suspects/vehicle;
9. Medical Sub-Team-tasked to provide immediate medical assistance if
necessary;
10. Additional tactical personnel/team may be employed depending on the
size of the hostiles; and
11. Videographer-tasked to take videos of the entire roadblock operation.
b. The Team Leader (TL) shall brief the elements/members of the Police
Roadblock and perform the following:
1. Inform the next higher headquarters of the make or type and plate
c. Participating personnel in the roadblock must be in their prescribed uniform;
and
d. In a roadblock, since troop deployment is urgent and public safety is at risk,
the participation of civilian component and the presence of media in the
roadblock shall not be allowed.
2. During the Roadblock:
a. Establish forward observers/spotters and rear checkpoint;
b. Deploy security forces in a strategic and defensive position;
c. Establish a strong roadblock on selected strategic areas;
d. Deploy road spikes or tire deflation system if available;
e. Ensure that the whole intervention procedure is documented by the
videographer;
f. As much as possible, the area where the roadblock shall be established must
be properly lighted with noticeable signage bearing the name of the PNP Unit

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visibly displayed and in a safe distance from a populated area to prevent


collateral damage if a firefight ensues;
g. Police car lights must be turned on at all times during the operation;
h. Identify yourself-rank, name, and unit verbally and make known to the
suspect/s that you are after them through the use of sirens or megaphone;
i. If the vehicle’s windows are heavily tinted and the occupants cannot be seen,
instruct the driver to open all windows to have a clear view of the interior of
the vehicle;
j. Instruct the driver to turn off the ignition (if this was not done when the vehicle
stopped) and order all the occupants to disembark, followed by their hands to
be placed on the top of the vehicle;
k. The other members of the team must be on guard for any eventuality while
the vehicle is being approached;
l. Intervention procedures upon stop of subject vehicle:
1. Exert utmost effort to persuade the suspects to halt or stop their
movement;
2. Start with the procedural conduct of regular warrantless arrest where
arrest is inevitable;
3. Ensure proper documentation of the process; and
4. Respect the rights of all the persons involved.
m. Procedures when suspects open fire/engage the troops:
1. In the event that the occupants of the vehicle open fire on the personnel
manning the roadblock, reasonable force to overcome the suspect’s
aggression may be employed;
2. Use only the necessary force to neutralize suspects;
3. Prevent panic firing;
4. Prevent collateral damage; and
5. Account for the casualties.
3. After the Roadblock:
a. When suspect/s surrendered or arrested:
1. Arrested persons must be apprised of their rights in reference to the
Miranda Doctrine.
2. An After-Roadblock Operations Report must be submitted to their
respective units or organization for proper evaluation of the efficacy of the
operation.
b. When suspects engage with troops:
1. Account for the casualties and give immediate medical assistance to the
wounded;
2. Protect/preserve the crime scene/engagement area’ and
3. Ensure proper documentation of the process.
c. Fleeing Vehicles:

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1. In the event that the motor vehicle did not stop and it evaded the
roadblock despite the warning given, inform Headquarters or adjacent
units so that another roadblock can be set-up;
2. Fleeing vehicles shall not be fired upon except by sniper but only to
disable the vehicle;
3. Inform Headquarters of the make or type,plate number and color of the
motor vehicle to be accosted including the number of occupants and, if
possible, their identity;
4. State the reason (s) for flagging down the suspected motor vehicle;
5. Give mobile car’s location and its direction before making actual
intervention; and
6. Establish Hot Pursuit Operation.
General Mandate
The PNP shall perform the following:
1. Conduct sustained law enforcement actions against CTM atrocities;
2. In urban areas, the PNP may assume the lead role in ISO against the CTM, other
threat groups and organized crime groups engaged in armed offensives;
3. The PNP units may either operate as a single force or as a part of joint PNP-AFP
combat operations. In both cases, lateral coordination is a must;
4. The PNP units in CTM-affected areas may be placed under Operational Control
(OPCON) of AFP combat operations. In both cases, lateral coordination is a
must;
5. Specific areas where armed confrontations such as encounter, ambush, raid,
liquidation, and other similar atrocities occur between government forces (PNP or
AFP) and the Communist Terrorists (CTs) shall be treated as a crime scene. The
police unit that has jurisdiction over the areas shall conduct the Crime Scene
Investigation (CSI).
Defensive Position
Police Stations, especially those located in fair-flung areas, are priority targets of
attacks. As such, security measures against CT atrocities must be undertaken as
follows:
1. Continuously remind all PNP personnel to be extra vigilant and security
conscious in their day-to-day activities and during troop movements.
2. Duty station guards shall memorize, internalize and put into practice the 11
General Orders of a Duty Guard. Likewise, they shall always carry their issued
long firearms and ammunition rig/bandoliers with basic load.
3. Vigorously implement added security measures in all Police Stations and Police
Community Precincts.
4. Conduct sustained inspection of the operational readiness of PNP field
units/stations.

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5. Always keep in mind the modus operandi, strategies and tactics being
practiced/employed by the CTM and other threat groups.
6. Enhance establishment of Advance Security Control Points (ASCPs) to control
the ingress and egress of people in Police Stations.
7. One of the strategies and tactics employed by CTM and other threats to gain
access to police stations is by wearing of PNP/AFP uniforms and that of other
LEAs, hence, personnel assigned in the advance security control points shall not
allow entry of uniformed groups or any individuals without prior coordination.
a. Exercise sustained vigilance and maintenance of law, order and public safety in
respective AOR through the intensified conduct of police visibility patrols.
b. Carry out Police Community Relation (PCR)/Barangay Peacekeeping Operations
(BPO) activities in areas that are prone to influence, infiltration and infestation of
CTM fronts organization.
Arrest
General Guidelines
1. All arrest should be made only on the basis of a valid Warrant of Arrest issued by
a competent authority, except in instances where the law allows warrantless
arrest.
2. No violence or unnecessary force shall be used in making an arrest, and the
person to be arrested shall not be subjected to any greater restraint than what is
necessary under the circumstances.
3. As a general rule, arrest can be made on any day of the week and any time of
the duty or night.
4. Only judges are authorized to issue Warrant of Arrest.
5. A Warrant of Arrest is no longer needed if the accused is already under
detention. An Order of Commitment is issued by the judge in lieu of the Warrant
of Arrest.
6. The following are immune from the arrest:
a. A Senator or Member of the House of the Representatives while Congress is
in session for an offense punishable by not more than six years of
imprisonment; and
b. Diplomatic Agents, Under the Vienna Convention on Diplomatic Relations.
Warrant of Arrest
The warrant of arrest is the written authority of the arresting officer when making an
arrest or taking of a person into custody in order that he may be bound to answer for the
commission of has been delivered for implementation shall cause the warrant to be
implemented within ten (10) days from the receipt. Within ten (10) days after the
expiration of such period, the police officer to whom it was assigned for implementation
shall make a report to the judge who issued the warrant and in case of his failure to
implement the same, shall state the reasons thereof.

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Arrest Without a Warrant


A peace officer or a private person may, without a warrant, arrest a person:
1. When, in his presence, the person to be arrested, is actually committing, or
attempting to commit an offense;
2. When an offense has just been committed and he has probable cause to believe,
based on personal knowledge of facts or circumstances, that the person to be
arrested has committed it;
3. When the person to be arrested is a prisoner who has escaped from penal
establishment or place where he is serving final judgment or temporarily confined
while his case is pending, or has escaped while being transferred from one
confinement area to another;
4. Where the accused released on bail attempts to leave the country without court
permission;
5. Violation of conditional pardon, punishable under Article 159 of the Revised
Penal Code as a case of evasion of service of sentence; and
6. Arrest following a Deportation Proceeding by the Immigration Commissioner
against illegal and undesirable aliens.
Authority of the Arresting Officer when Making an Arrest
1. Police officer may summon assistance- A police officer making a lawful arrest
may verbally summon as many person’s as he deems necessary to assist him in
effecting the arrest.
2. Right of police officer to break into building or enclosure- A police officer in
order to make an arrest, with or without warrant, may break into a building or
enclosure where the person to be arrested is or reasonably believed to be, if he
refused admittance thereto after announcing his authority and purpose.
3. Right to break out from the building or enclosure- Whenever a police officer
has entered the building or enclosure to make an arrest, he may break out there
from, when necessary, to liberate himself.
4. Arrest after escape or rescue- If a person lawfully arrested escapes or is
rescued, any person may immediately pursue to retake him without a warrant at
any time and in any place within the Philippines.
Procedures
Serving of Warrant of Arrest
1. Verify the validity of the warrant and request for an authenticated copy from the
issuing court;
2. In serving the warrant, the police officer should introduce himself and show
proper identification;
3. Make a manifestation of authority against the person to be arrested;

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4. If refused entry, the police officer may break into any residence, office building,
and other structure where the person to be arrested is in or reasonably believed
to be in, after announcing his purpose;
5. The police officer need not have a copy of the warrant in his possession at the
time of the arrest. If the person arrested so requires, the warrant shall be shown
to the arrested person as a soon as possible;
6. Secure the person to be arrested and use handcuffs for the protection of the
arresting officer, other individuals or the arrested person himself;
7. Conduct thorough search for weapons and other illegal materials on the person
arrested and surroundings within his immediate control;
8. Inform the person to be arrested of his rights under the law (i.e. Miranda Warning
and Anti-Torture Warning);
9. No unnecessary force shall be used in making an arrest;
10. Confiscated evidence shall be properly documented with the chain of custody of
evidence duly and clearly established;
11. Bring the arrested person to the Police Station for documentation;
12. Make a Return of Warrant to the court of origin;
13. Deliver the arrested person to jail/prison upon the issuance of a commitment
order of the court.
Effecting Warrantless Arrest
1. Freeze or restrain the suspect/s;
2. Make a proper introduction as to identity and authority to arrest;
3. Inform the arrested person of the circumstances of his arrest and recite the
Miranda Warning and Anti-Torture Warning to him;
4. Secure the person to be arrested and use handcuffs for the protection of the
arresting officer, other individuals or the arrested person himself;
5. Conduct thorough search for weapons and other illegal materials on the person
arrested and surroundings within his immediate control;
6. Confiscated evidence shall be properly documented with the chain of custody of
evidence duly and clearly established;
7. No unnecessary force shall be used in making an arrest; and
8. Bring the arrested person to the police Station for further investigation and
disposition.
Duties of Arresting Officer
1. It shall be the duty of the police officer implementing the Warrant of Arrest to
deliver the arrested person without delay to the nearest police station or jail to
record the fact of the arrest;
2. At the time of the arrest, it shall be the duty of the arresting officer to inform the
person arrested of the cause of the arrest and the fact that a warrant had been
issued for his arrest. The arresting officer need not have the warrant in his

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passion at the time of the arrest but after the arrest, if the person arrested so
requires, the warrant shall be shown to him as soon as possible;
3. When women or children are among the arrested suspect/s, the arresting officer
shall task the Women’s and Children’s Protection Desks (WCPD) officer or
policewoman who is familiar with women and children desk duties to conduct the
pat-down search;
4. In case of arrest without a warrant, it shall be the duty of the arresting officer to
inform the person to be arrested of his authority and the cause of arrest except
when he flees or forcibly resists before the arresting officer has the opportunity to
inform him or when giving of such information will imperil the arrest;
5. The person arrested, with or without warrant, shall be informed of his
constitutional right to remain silent and that any statement he makes could be
used against him. Also, he has the right to communicate with his lawyer of his
immediately and the right to physical examination;
6. A person arrested without a warrant shall be immediately brought to the proper
Police Station for investigation without unnecessary delay. He shall be subjected
to inquest proceedings with the time prescribed in Article 125 of the Revise Penal
Code (RPC);
7. No torture, force, violence, threat, intimidation, or any other means which vitiate
the freewill shall be used against an arrested person. The bringing of arrested
person’s to secret detention places, solitary confinement and the like is
prohibited;
8. If the person arrested without a warrant waives his right under the provisions of
Article 125 of the Revised Penal Code, the arresting officer shall ensure that the
former signs a waiver of detention in the presence of his counsel of choice; and
9. If the person arrested waives his right against self-incrimination and chooses to
give statement, the arresting officer shall ensure that the waiver is made in
writing and signed by the person arrested in the presence of a counsel of his own
choice or a competent and independent counsel provided by the government.
Physical Examination of Arrested Person/Suspect
Before interrogation, the person arrested shall have the right to be informed of his right
to demand physical examination by an independent and competent doctor of his own
choice. If he cannot afford the services of a doctor of his own choice, he shall be
provided by the State with a competent and independent doctor to conduct physical
examination. If the person arrested is female, she shall be attended to preferably by a
female doctor.
Search and Seizure
Requisites for the Issuance of Search Warrant
A search warrant shall be issued only upon probable cause in connection with the
one specific offense to be determined personally by the judge after examination under

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oath or affirmation of the particularly describe the place to be searched the things to be
seized which may be anywhere in the Philippines.
a. The following may be objects of search warrant:
1. Properties which are the subject of the offense;
2. Stolen, embezzle proceeds, or fruits of the offense; and
3. Objects including weapons, equipment, and other items used or intended to
be used as the means of committing an offense.
b. Objects that are illegal per se, even if not particularly described in the search
warrant, may be seized under the plain of view doctrine.
Validity of Search Warrant
1. The warrant shall be valid for ten (10) days from the date of issuance and may be
served at any day within the said period. Thereafter, it shall be void.
2. If, in the implementation of the search warrant, its object or purpose cannot be
accomplished in one day, the search can be continued the following day, or days,
until completed, provided it is still within the ten (10) day validity period, the
responsible police officer conducting the search must file before the issuing
court, an application for the extension of the validity of said search warrant.
Time of Search
The warrant search be served during daytime, unless there is a provision in the
warrant allowing service at any time of the day or night.
Applications for Search Warrant
All applications for Search Warrant shall approve for filing by the chief of office.
The application shall indicate the following data.
1. Office applying for the Search Warrant;
2. Name of Office-applicant;
3. Name of the subject, if known;
4. Address/place(s) to be search;
5. Specific statement of things/articles to be seized; and
6. Sketch of the place to be searched.

All approved applications shall be recorded in a log book, duly maintained for the
purpose, indicating the name of the applicant, name of the respondent, nature of the
offense, and date of application.
Authority of Police Officers when Conducting Search
In the conduct of search, if after giving notice of his purpose and authority, the
police officer is refused admittance to the place of search, he may break open any outer
or inner door or window or any part of a house or anything therein to implement the

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warrant or liberate himself or any person lawfully aiding him when unlawfully detained
therein.
Prohibited Acts in the Conduct of Search by Virtue of a Search Warrant
1. Houses, rooms, or other premises shall not be searched except in the presence
of the lawful occupant thereof or any member of his family or, in the absence of
the latter in the presence of two (2) witnesses of sufficient age and discretion
residing in the same locality.
2. Lawful personal properties, papers, and other valuables not specifically indicated
or particularly described in the search warrant shall not be taken.

Inventory and Delivery of Property Seized


1. The police officer who confiscates property under the warrant shall issue a
detailed receipt of property seized to the lawful occupant of the premises, or in
the absence of such occupant, shall do so in the presence of at least two (2)
witnesses of sufficient age and discretion residing in the same locality;
2. The receipt shall likewise include items seized under the Plain View Doctrine;
3. The police officer must then leave a receipt in the place in which he found the
seized property and a duplicate copy thereof with any barangay official having
jurisdiction over the place searched; and
4. The police officer must forthwith deliver the property seized to the judge who
issued the warrant, together with an inventory thereof, duly verified under oath.

Valid Search and Seizures without Search Warrant


a. Search made incidental to a valid arrest
A person lawfully arrested may be searched for dangerous weapons or
anything which may be used or which may constitute proof in the commission of
an offense, without a search warrant. The warrantless search and seizures as an
incident to a lawful arrest may extend beyond the person of the arrested to
include the premises or surroundings under his immediate control.

b. Search of moving vehicles


If the police officers who will conduct the search have reasonable or
probable cause to believe, before the search, that either the motorist is a law
offender or they will find the instrumentality or evidence pertaining to a crime in
the vehicle to be searched, the vehicle may be stopped and subjected to an
extensive search.

c. Seizure of evidence in plain view

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Any object in the plain view is subject to seizure and may be introduced as
evidence. Requirements under the Plain View Doctrine are:
1. The police officer must have prior justification for an intrusion or,
otherwise, must be in a position from which he can view a particular area;
2. The discovery of the evidence in plain view is unintentional; or
3. It is immediately apparent to the police officer that the item he observes
may evidence of a crime, contraband, or is a valid subject of seizure.

d. When there is waiver of the night or there is consented search


To constitute a waiver of this constitutional right, it must appear, first, that
the right exists; second, that the person involved had knowledge, either actual or
constructive, of the existence of such right; that said person had an actual
intention to relinquish the right.

e. Searches under Stop and Frisk Rule


The police officer has the right to stop a citizen on the street, interrogate
him, and pat him for weapons whenever he observes unusual conduct which
convinces him that a criminal activity exists.

f. Emergency and Exigent Circumstances


A search warrant could be validly dispensed with in cases of exigent and
emergency situation, and the police officers have reasonable grounds to believe
that a crime is being committed, and they have no opportunity to apply for a
search warrant from the courts because the latter were closed.

g. Tipped Information
If the police officers have reasonable grounds to believe that the subjects
are engaged in illegal activities, the tipped information is sufficient to provide
probable cause to effect a warrantless search and seizure.

Investigation Procedures
Investigation by the Territorial Police Unit after an Armed Confrontation
Responsibility of the Territorial Police Unit
The Police Unit that has territorial jurisdiction over the area where the armed
confrontation occurred shall secure the scene and immediately undertake the necessary
investigation.

Scene of the Crime Operation (SOCO) Team to Process the Crime Scene

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The concerned Police Unit shall immediately request the Scene of the Crime
Operation (SOCO) Team to conduct crime scene processing.

Mandatory Examination of Firearm Seized/Confiscated during Police Operation


1. All firearms, cartridges and slugs seized, captured or recovered during
checkpoints or pursuit operations or in any other police operations including
those seized during the service of warrants and, more importantly, those
recovered from the crime scene shall immediately be submitted to the local
Crime Laboratory (CLO) which shall in turn process it for capturing and cross-
matching through the Integrated Ballistics Identifications System (IBIS);
2. The field investigator or investigation-on-case (IOC) shall submit the photo of the
firearm and the receipt issued by the local Crime Laboratory Office for the said
firearm/cartridges/slugs to the prosecutor or the court;
3. Should the prosecutor eventually require the physical submission of the firearm,
the investigation-on-case shall manifest with the prosecutor or court that
subpoena be issued for the Crime Laboratory which issued the receipt to present
the said firearm; and
4. It is also imperative that the chain of custody be strictly observed and
documented and therefore, as much as practicable, it shall be the investigator-
on-case (IOC) who shall personally submit the recovered firearms/shells/slugs to
the local Crime Laboratory.

Inquest Proceedings necessary when the Suspect Dies


In cases of armed confrontation wherein the suspect dies, the team leader of the
operating unit shall submit the incident for inquest before the duty inquest prosecutor
prior to the removal of the body from the scene, except in areas where there are no
inquest prosecutors. In which case, the territorial police unit can proceed with the
investigation.

Judicial Affidavit Rule


This rule shall apply to all actions, proceedings, and incidents requiring the
reception of evidence before the court in place of the direct testimonies of witnesses in
order to reduce the time needed for completing their testimonies.

Application of Rule to Criminal Actions


This rule shall apply to all criminal actions where the maximum imposable
penalty does not exceed six years.

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Contents of Judicial Affidavit


A judicial affidavit shall be prepared in the language known to the witness and, if
not in English or Filipino, accompanied by a translation in English and Filipino, and shall
contain the necessary data/information.
1. The name, age, residence or business address, and occupation of the
witness;
2. The name and address of the lawyer who conducts or supervises the
examination of the witness and the place where the examination is being
held;
3. A statement that the witness is answering the questions asked of him, fully
conscious that he does so under oath, and that he may face criminal liability
for false testimony or perjury;
4. Questions asked of the witness and his corresponding answers,
consecutively numbered, that:
a. Show the circumstances under which the witness acquired the facts upon
which he testifies;
b. Elicit from him those facts which are relevant to the issues that the case
presents; and
c. Identify the attached documentary and object evidence and establish their
authenticity in
d. accordance with the Rules of Court;
5. The signature of the witness over printed name; and
6. A jurat or a proof that an oath was taken before an administering officer or a
notary public.

Sworn Attestation of the Lawyer


The judicial affidavit shall contain a sworn statement at the end, executed by the
lawyer who conducted or supervised the examination of the witness, to the effect that:
1. He faithfully recorded or caused to be recorded the questions he asked and the
corresponding answers that the witness gave; and
2. Neither he nor any other person then present or assisting him coached the
witness regarding the latter’s answers.

Maintenance of Police Blotter


Police Blotter

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Each PNP operating unit shall maintain an official police blotter where all types of
operational and undercover dispatches shall be recorded containing the five “Ws” (who,
what, where, when and why) and one “H” (how) of an information.
A police blotter is a logbook that contains the daily registry of all crime incident
reports, official summaries of arrest, and other significant events reported in police
station.

Police Blotter for Cases involving Women and Children


A separate Police Blotter, however, shall be maintained for crime incident reports
involving violence against women and children and those cases involving a child in
conflict with the law to protect their privacy pursuant to Republic Act (RA) 9262 (Anti-
Violence against Women and Children Act of 2004) and RA 9344 (Juvenile Justice and
Welfare Act of 2006), respectively.

Crime Incident Reporting System (CIRS)


Each PNP operating unit shall also maintain and utilize the PNP Crime Incident
Reporting System (CIRS), an electronic reporting system that facilitates crime
documentation, modernizes data storage and provides quick and reliable transmission
of crime information from lower units and NOSUs of the PNO to the National
Headquarters at Camp Crame, Quezon City.

Blotter Procedure
Before entry into the blotter book, the Duty Officer (DO) should first evaluate if
the report is a crime incident, arrest or event/activity, which is for records purposes only.
If the report is a crime incident, the DO shall first accomplish the Incident Record Form
(IRF) from which the entry in the blotter book and IRS shall be extracted. All other
reports shall be recorded directly to the blotter book.

Unit Crime Periodic Report (UCPER)


Purposes
To promote consistency in the recording of crime incidence, the PNP adopts a
uniform procedure in reporting and collecting crime data including cases reported to
other law enforcement agencies that are part of the Criminal Justice System.

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Execution and Procedures


The Chief of Police is primarily responsible for the maintenance of accurate crime
data. Accuracy and integrity of crime recording processes must be ensured by the Chief
of Investigation Section and Crime Registrar. The Chief of Police shall likewise ensure
that the crime data are gathered from all sources, such as: Barangay, NBI, PDEA,
BFAR, DENR, DSWD, BOC, BI and other agencies with law enforcement functions in
the locality. Unit commanders shall appoint a Crime Registrar who shall be responsible
in consolidating and maintaining crime data files of each unit to ensure consistency and
continuity.
Recording
a. Incident Reports
All crime incidents whether reported by the victims, witnesses or third parties
must be recorded in the police blotter, even under the following circumstances.
1. When the offender is ill and is unlikely to recover or is too senile or too mentally
disturbed for proceedings to take place;
2. When the complainant or an essential witness is dead and the proceedings
cannot be pursued;
3. When the victim or an essential witness refuses, or is permanently unable to
stand as a witness; and
4. The victim or complainant or witness is a minor.

b. Reporting Jurisdiction
The police unit with the territorial jurisdiction where the crime was committed
shall have the primary responsibility to record and report the same. If a continuing
crime is committed in various areas of responsibilities, it should be recorded and
reported as a single crime by the unit taking cognizance of the crime.

Booking of Arrested Suspects


Booking of arrested suspects shall be undertaken to record and document the
information surrounding the arrest of the suspect.

Policies and Guidelines


The following policies and guidelines shall adhered to by the PNP personnel
involved in the booking of arrested suspects:

a. General Policy
After arrest, a suspect is taken into police custody and “booked” and “processed”.
During Booking, the following procedures shall be performed by the designated
police officers.
1. Record the arrest made in the police blotter;
2. Conduct pat down or strip search of the suspect;

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3. Submit the suspect for medical examination;


4. Take the criminal suspect’s personal information (i.e name, date of birth,
physical characteristics, etc.;
5. Record information about the suspect’s alleged crime;
6. Perform record search of the suspect’s criminal background;
7. Fingerprint and photograph the suspect;
8. Take custody of any personal property carried by the suspect (i.e. keys,
purse), to be returned upon the suspect’s release; and
9. Place the suspect in a police station lock-up/holding cell or lock jail.

b. Specific Functions, Responsibilities and Procedures


The following are the functions, procedures and responsibilities of the different
personnel during the booking of arrested suspects;

1. Arresting Officer (AO):


1. Upon arrest, the Arresting Officer (AO) shall immediately bring the
suspect/s to the police station and present the suspect/s to the Desk
Officer (DO);
2. The AO shall ask the Desk Officer to record in the police blotter the
circumstances of arrest as well as the identity of the suspect/s and names
of Arresting officers (AO). This procedure of assigning a blotter number to
the arrest of the suspects signifies that the police station has officially
taken cognizance of the arrest. The AO shall sign in the blotter entry;
3. The AO and the DO shall thereafter conduct a more thorough pat-down
search of the suspects. Any deadly weapon or contraband found and
confiscated shall also be recorded in the blotter. when women or children
are among those arrested, the DO shall task the duty WCPD officer to
conduct the pat-down. A strip search may be conducted as the situation
demands but only with the authority of the Chief of Police (COP) or the
officer on Duty. A strip search, if conducted, will be so indicated in the
blotter;
4. After the pat-down, the AO shall request the DO to prepare PNP Booking
Form-1;
5. The AO shall receive accomplished medical examination request form and
then shall be responsible for bringing/escorting the suspect/s to the
government hospital referred to I the request for the examination of the
suspect/s;
6. The AO shall receive the Medical Examination results from the
government physician and then he shall bring back the suspect/s to the
police station and turn-over the suspect/s and the results of the medical
examination to the Duty Investigator (DI); and

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7. The AO will obtain PNP Booking Form 2 – “Arrest and Booking Sheet” and
refer to the DI so that both of them will accomplish the form. The copy of
the Arrest and Booking Form shall form part of the Case Folder and Kept
at the Investigation Section at the Police Station.

(2) Desk Officer (DO):


1. Upon presentation by the AO of the arrested suspect/s to the DO, the Desk
Officer (DO) shall log and record details of the arrest made and assign a blotter
entry number to the arrest. The entry shall include the name of the arresting
officer and information as to the identity of the suspect/s and shall contain the
five (5) “Ws” and one (1) “H” (Who, What, Where, When, Why and How) of an
information as well as the name of the government hospital where the suspect/s
will be referred for medical examination;
2. After recording in the police blotter, the DO together with the AO shall conduct a
redundancy pat-down search of the suspect/s. This procedure is necessary to
ensure that the suspect/s do not carry any deadly weapons or contraband when
they are referred to a government hospital for medical examination. Any
weapons or contraband or any other items confiscated or taken in custody
during the pat down search likewise be recorded in the blotter. (If the suspect is
a woman or child, the Desk Officer shall call for the duty WCPD officer who shall
conduct the search); and
3. The Desk Officer shall then prepare or accomplish PNP Booking Form (PNPBF)-
1 “Request for Medical Examination of the Arrested Suspect”. The Desk Officer
shall have the police station Officer on Duty (OD) to sign the request form, but in
the absence of the OD, the Desk Officer may sign the request form himself.

(3) Duty Investigator (DI):


1. After medical examination, the Arresting Officer shall refer the suspect/s and the
case to the Duty Investigator (DI). The DI and the AP shall accomplish the PNP
Booking Form-2 “Arrest and Booking Form” and ensure that a copy of the results
of the medical examination are attached to the booking form;
2. The DI shall obtain personal information from each suspect and accomplish
PNPBF-2 with the help of the AO. The PNPBD-2 booking sheet should contain
among others the personal circumstances of the suspect/s. Likewise, the initial
determination of the nature of the offense is included in the booking sheet. The
last part of the booking sheet refers to the medical history or information known
of the suspect/s, this part should not be confused with the medical certification
issued by a doctor upon his arrest which shall be attached to the PNP Booking
Form-2A;

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3. The DI shall conduct record check to determine if the arrested suspect/s have
previous or existing cases and/or standing warrant of arrest; The Duty
Investigator shall not process suspects brought by the Arresting Officers who
have not undergone a medical examination in a government hospital;
4. The DI shall ensure that Mug Shots or the photographic portrait of the suspects
are taken in four (4) different methods in accordance with the procedures. The
4R mug shots shall be attached to or printed in the PNP Booking Form-2B;
5. The Duty Investigator shall prepare a Turn-over Receipt Form (from Investigator
to the Jailer) known as PNP Booking Form-3. The Jailer of the Station will now
take responsibility of the suspect. If it is necessary that arrested persons be
placed in the lock up cell, a complete body frisking of the suspect by pat-down
type search for any concealed weapon must be done. Strip search shall be
conducted if necessary. On body search of arrested male suspect, it is typically
not required to same sex pat-down searches, but it is wise. When it comes to
women and children, the WCPD officer who is familiar with women and children
protection duties will conduct the search. Search is done to ensure that no
prohibited object will be brought inside the lock-up cell, particularly sharp objects
that can be used to hurt other prisoners and ropes that might be used for
entangling;
6. All personal valuables of the suspect that are not allowed to be brought inside
the lock-up cell will be collected by the Investigator and shall be turn-over to the
police station Property Custodian. The Investigator shall prepare PNP Booking
Form 4.
7. The DI shall also be responsible for ensuring that the suspects’ fingerprints or
ten prints are taken by the Fingerprint Technician, using both the ten print card
and the PNPBK-2. Only a trained Fingerprint Technician shall be allowed by the
DI to take ten prints of the suspects using the standard PNP Crime Laboratory
Form No. 452-038 to ensure that this will be readable by the Automated
Fingerprint Identification System (AFIS). The ten-print card is considered as an
integral part of the booking form and is known as PNP Booking Form -2C;
8. The DI must always inform the Desk Officer of the status of the case and the
suspect so that updates will be entered in police blotter;
9. The Investigator shall be responsible for preparing the necessary documents
such as: Affidavit-complaint; affidavit of witness; booking and arrest report;
photocopy of recovered evidence if any; and a letter of case referral to the
Prosecutor’s Office that should be signed by the Station Commander or police
station Officer on Duty with the former’s unavailability.

CUSTODIAL INVESTIGATION

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Duties of the Police during Custodial Investigation


1. The arresting officer, or the investigator, as the case may be, shall ensure that a
person arrested, detained or under custodial investigation shall, at all times, be
assisted by counsel, preferably of his own choice;
2. The arresting officer, or the investigator, as the case may be, must inform the
person arrested, detained or under custodial investigation of the following rights
under Miranda Doctrine in a language or dialect known to and understood by
him:
a. That he has the right to remain silent;
b. That if he waives his right to remain silent, anything he says can be used in
evidence against him in court;
c. That he has the right to counsel of his own choice;
d. That, if he cannot afford one, he shall be provided with an independent and
competent counsel; and
e. That he has the right to be informed of such things.
3. If the person arrested, detained or under custodial investigation has opted to
give a sworn statement the arresting officer, or the investigator, as the case may
be, must reduce it in writing;
4. The arresting officer must ensure that, before the sworn statement is signed, or
thumb-marked if there is inability to read and write, the document shall be read
and adequately explained to the person arrested, detained or under custodial
investigation by his counsel of choice, or by the assisting counsel provided to
him, in the language or dialect known to him;
5. The arresting officer, or the investigator, as the case may be, must ensure that
any extrajudicial confession made by a person arrested, detained or under
custodial investigator shall be:
a. In writing;
b. Signed by such person in the presence of his counsel; or
c. In the latter’s absence, upon a valid waiver, and in the presence of any
parents, elder brothers and sisters, spouse, the municipal mayor, the
municipal judge, district supervisor, priest, imam or religious minister
chosen by him. Failure of the arresting officer, or the investigator, to
observe the above mentioned procedures shall render the extrajudicial
confession inadmissible as evidence in any proceeding;
6. The arresting officer, or the investigator, as the case may be, must, under
established regulations, allow the person arrested, detained, or under custodial
investigation visits by or conferences with any member of his immediate family,
any medical doctor, priest, imam or religious minister chosen by him or by any
member of his immediate family or by his counsel, or by any local Non-
Governmental Organization (NGO) duly accredited by the Commission on

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Human Rights (CHR) or by nay International NGO duly accredited by the Office
of the President. His “immediate family” shall include his spouse, parent or child,
brother or sister, grandparent or grandchildren, uncle or aunt, nephew or niece,
guardian or ward, and fiancé or fiancée; and
7. After interrogation, the person under custodial investigation shall have the right to
be informed of his right to be informed of his right to demand physical
examination by an independent and competent doctor of his own choice. If he
cannot afford the services of a doctor of his own choice, he shall be provided by
the State with a competent and independent doctor to conduct physical
examination. If the person arrested is female, she shall be attended to preferably
by a female doctor. The physical examination of the person under custodial
investigation shall be contained in a medical report, which shall be attached to
the custodial investigation report.

Detention
The following are the policies and procedures in the admission, visitation,
transfer and release of detainees:
a. Admission

The following can be detained/admitted in the PNP Detention/Custodial center:


1. Any person arrested due to the commission of a crime/s;
2. Arrested suspects covered by a Commitment Order; and
3. Arrested suspects who are under custodial investigation. However, under no
circumstances should the arrested suspects under custodial investigation be held
in the detention center beyond the prescribed reglementary period, unless, while
in custody, appropriate charges have been filed and a Commitment Order has
been issued by the court concerned or he signed the required waiver of the rights
under the provisions of Article 125 of the RPC.

b. Requirements for Admission


Prior to the admission of arrested suspect, the following mandatory requirements
shall submit to the Chief, Detention/Custodial Center:
1. Request for Custody of the arresting unit or the Commitment Order from the
Court;
2. Proof of medical examination or medical certificate of the detainee to be
provided by the arresting unit requesting for custody; and
3. Case holder of the detainee containing the accomplished booking sheet for
the arrested suspect and the Information filed with the Prosecutor’s Office.

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c. Segregation of Detainees
As much as practicable, detainees must be segregated according to
gender and to the classification of crimes committed.

d. Visitation
Any person arrested and detained at the PNP Detention/Custodial Center
shall be allowed visits by or conferences with any member of his immediate
family, or any medical doctor or priest or religious minister chosen by him or by
any member of his immediate family or by his counsel, or by any local NGO duly
accredited by the CHR or by international NGO duly accredited by the Office of
the President, subject to the following conditions:

1. The Chief, Detention/Custodial Center or his duly authorized


representative is authorized to apportion the number of visitors per
detainee at any given time as the space of the visitor’s area may allow.
With respects to detainee’s family members, public and/or pertinent
document must be presented to prove their relationship with the
detainee.
2. Visitors wearing color of the detainee’s uniform shall be advised to
wear other colors.
3. The custodial center, an informal and temporary penal facility for
arrested suspects, shall not allow conjugal visits for detention centers.
4. The counsel of the accused has the right to visit the latter subject to
the existing security rules and regulation of the Center.
5. No camera, video equipment, cellular phone and similar devices are
allowed inside the visiting area.
6. All visitors shall be frisked for deadly weapons, firearms and other
prohibited items.

e. Transfer of Custody
1. Upon receipt of the Commitment Order from the court, the Chief,
Detention/Custodial Center shall personally coordinate with the issuing court
to ascertain the validity of the order;
2. Upon confirmation, the chief, Detention/Custodial Center must coordinate with
the receiving detention facility for the immediate transfer of the custody; and
3. Prior to the transfer of custody, the arrested person shall be subjected to
medical examination by a PNP medico-legal officer or any government

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physician in the absence of PNP medico-legal officer. Medical examination is


mandatory before any transfer of custody of arrested person.

f. Release
1. The Chief of Officer shall be the sole approving authority in releasing
detention prisoner.
2. Upon receipt of the Release Order from the court, the Chief,
Detention/Custodial Center shall personally coordinate with the issuing court
to ascertain the validity of the order.
3. Upon confirmation, the Chief, Detention/Custodial Center must coordinate
with the arresting unit if there are other legal impediments to the release.
4. The Chief, Detention/Custodial Center shall likewise check the Directorate for
Investigation and Detective Management (DIDM)’s Arrest and Warrant
Registry to determine if the detainee to be release has other pending
warrants of arrest.
5. Granting that all documents are legally in order, the Chief,
Detention/Custodial Center shall prepare the memorandum addressed to the
Chief of Office for the approval of the release.
6. If there are valid grounds to sustain further detention, the Chief of Officer in
coordination with the arresting unit, will prepare the appropriate manifestation
to the court containing therein the ground/s for objection.
7. Prior to the official release of the detainee, the Chief, Detention/Custodial
Center must bring the detainee to the Office of the PNP Health Service or
Rural Health Unit for medical examination, which shall form part of the
records/case folder of the subject detainee.
8. The property or Evidence Custodian Officer shall be responsible for the
custody of all the properties seized from the detainee prior to his detention.
The former shall release the same to the detainee immediately upon his
discharge from detention.

Transporting Detention Prisoner


1. If transported by a patrol jeep, the subject must be seated on the right rear seat
and a PNP escort must sit at the rear on the left side facing the subject. Hands of
the subject should be secured by handcuffs under his knees.
2. If transported by a patrol car, subject must be seated on the right rear seat and
the PNP escort personal shall sit on the left rear seat. Hands of the subject
should be secured by handcuffs under his knees.

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3. In no case shall a Detention Prisoner be transported using public utility land


vehicles that are not exclusively utilized for the purpose.
4. In no case shall a high-risk detention prisoner be transported without proper
escort and handcuffs.
5. Female detainees shall be transported in handcuffs, preferably aided by a police
woman.
6. In no case shall a detention prisoner be allowed out of the detention cell without
proper escort.
7. Transport and escort of detention prisoner shall be limited only from the detention
cell to the proper office for inquest or court hearing, or to nearest hospital/clinic in
case of the mandatory medical examination prior to detention or during actual
medical emergency, or in court-permitted transport.
8. In no case shall detention prisoner be allowed to travel and escort outside the
detention cell to places devoted for recreation, worship, entertainment, meals
and dining and others of similar and analogous description, unless upon lawful
orders of the court.
9. Detention prisoners shall as much as possible be transported wearing detention
prisoner uniform or proper attire that may identify them as detention prisoner.

Inquest Procedures
Commencement of Inquest
The inquest proceedings shall commence upon the presentation of arrested
person and witness/es by the police officer before the inquest prosecutor. The
concerned police officer shall also submit the following documents:
1. Affidavit of Arrest;
2. Statement(s) of the complainant(s);
3. Affidavit(s) of the witness(es) if any; and
4. Other supporting evidence gathered by law enforcement authorities in the course
of their investigation of the criminal incident involving the arrested person.

Documents to be submitted
The investigator shall ensure that, as far as practicable, the following documents
shall be presented during the inquest proceedings:
a. Murder, Homicide and Parricide
1. Certified true/machine copy of the certificate of death of the victim; and

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2. Necropsy Report and the certificate of the Post-Mortem Examination, if


readily available.

b. Frustrated or Attempted Homicide, Murder, Parricide and Physical Injuries


Cases
1. Medical Certificate of the complaining witness showing the nature or extent of
the injury;
2. Certification or statement as to the duration of the treatment or medical
attendance; and
3. Certification or statement as to duration of incapacity for work.

c. Violations of the Dangerous Drug Law


1. Chemistry Report or Certificate of Laboratory Examination duly signed by the
forensic chemist or other duly authorized officer;
2. Machine copy or photograph of the buy-bust money;
3. Inventory/list property seized; and
4. Affidavit of Poseur-Buyer/Arresting Officer.

d. Theft and Robbery Cases, Violation of the Anti-Piracy Law, Anti-Highway


Robbery Law, and Violation of the Anti-Fencing Law
1. List/Inventory of the articles and items subject of the offense; and
2. Statement of their respective value;

e. Rape, Seduction, and Forcible Abduction with Rape Cases


1. Medico-Legal Report (Living Case Report). If the victim submitted herself for
medical or physical examination;
2. Statement of the victim/Complainant;
3.
f. Violation of the Anti-Carnapping Law
1. Machine copy of the certificate of motor vehicle registration;
2. Machine copy of the current official receipt of payment of the registration fees
of the subject motor vehicle; and
3. Other evidence of ownership.

g. Violation of the Anti-Cattle Rustling Law


1. Machine copy of the cattle certificate of registration; and
2. Picture of cattle, if readily available.

h. Violation of Illegal Gambling Law


1. Gambling paraphernalia; and
2. Cash money, if any.

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i. Illegal Possession of Firearms and Explosives


1. Chemistry report duly signed by the forensic Chemist and photograph of the
explosives, if readily available; and
2. Certification from the Firearms and Explosives Office, Civil Security Group,
PNP.

j. Violation of Fisheries Law


1. Photograph of the confiscated fish, if readily available;
2. Certification of the Bureau of Fisheries and Aquatic Resources; and

k. Violation of Forestry Law


1. Scale sheets containing the volume and species of the forest products
confiscated, number of pieces and other important details such as estimated
value of products confiscated;
2. Certification of the Department of Environmental and Natural
Resources/Bureau of Forest Management; and
3. Seizure Receipt.

Waiver of Rights
The inquest shall proceed unless the arrested person opts for a preliminary
investigation by executing required waiver of rights under Article 125 of the RPC.

Monitoring of Cases by the Investigation


An investigator’s job does not end upon the filing of the case with the
Prosecutor’s Office. The investigator on case shall continuously monitor the case up to
its final resolution.
Conduct of Crime Scene Investigation
The Crime Scene Investigation (CSI) starts from the arrival of the PNP First
Responder (FRs) to the arrival of the Duty Investigator/IOC and the SOCO Team until
the lifting of the security cordon and release of the crime scene.
The following are the functions and responsibilities of the investigators
during the crime scene investigation, as well as the procedures to be observed:
a. First Responders (FR)

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1. The first police officer to arrive at the crime scene are the FRs who were
dispatched by the local police station/unit concerned after receipt of
incident/flash/alarm report;
2. Immediately, the FR shall conduct a preliminary evaluation of the crime
scene. This evaluation should include the scope of the incident, emergency
services required, scene safety concerns, administration of life-saving
measures, and establishment of security and control of the scene.
3. The FR is mandated to save and preserve life by giving the necessary first aid
measures to the injured and their medical evacuation as necessary. The FR
shall likewise secure and preserve the crime scene by cordoning off the area
to prevent unauthorized entry of persons;
4. The FR shall take the undying declaration of severely injured person/s, if any.
Requisites of a “Dying Declaration” are:
a. That death is imminent and the declarant is conscious of that fact;
b. That the declaration refers to the cause and surrounding circumstances
of such death;
c. That the declaration relates to facts which the victim is competent to
testify to; and
d. That the declaration is offered in a case where in the declaration’s death
is subject of the injury;
5. The FR shall make the initial assessment on whether a crime has actually
been committed and shall conduct the preliminary interview of witnesses to
determine what and how the crime was committed;
6. If and when is a suspect present in the area, the first responder shall arrest,
detain and remove the suspect from the area;
7. The FR, upon the arrival of the IOC, shall turnover the crime scene to the duty
investigator/IOC after the former has briefed the investigator of the situation.
The FR shall prepare and submit the CSI Form “1” – First Responders Report
to the IOC and be prepared to assist the IOC in the investigation; and
8. The FR shall stay in the crime scene to assist the IOC in the maintenance of
the security, crowd control, preservation of evidence, and custody of
witness/suspect until such time the investigation is completed and temporarily
turned over to the local Chief of Police (COP) for the continuance of crime
scene security.

B. Investigator-on-Case (IOC)/Duty Investigator

1. Upon arrival at the crime scene, the IOC shall request for a briefing from
the FR and make a quick assessment of the crime;

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2. At this stage, the IOC shall assume full responsibility over the crime scene
and shall conduct a thorough assessment of scene and inquiry into the
accident. If necessary the IOC may conduct crime scene search outside
the area where the incident happened, employing any of the various search
methods;
3. Based on the assessment, if the IOC determines that a SOCO team is
required, he shall report the matter to his COP and request for a SOCO,
otherwise, the IOC shall proceed with the CSI without the SOCO team and
shall utilize CSI Form “4”;
4. The IOC may by himself, if the situation so demands, conduct CSI if there
is no Provincial Crime Laboratory Office/Regional Crime Laboratory Officer
in the province. The IOC must, however, ensure that the correct
procedures in the collection of evidence are observed to ensure the
admissibility of the evidence;
5. The Police Station Operation Center, upon directive of the COP, shall
make the request for the SOCO team through the Provincial/City
Operations Center;
6. It shall be responsibility of the Provincial/City Operations Center to facilitate
the request for the SOCO Team;
7. Upon the arrival of the SOCO Team, the IOC shall accomplish CSI Form
“2” and submit the same to the SOCO Team Leader. The SOCO team shall
not enter the crime scene unless the IOC makes the official written request
wherein he assures the SOCO team of his presence and support; and
8. The IOC shall brief the SOCO Team upon their arrival at the crime scene
and shall jointly conduct the preliminary crime scene survey.

C. SOCO Team

1. The SOCO Team shall not join any operations conducted by the local
police or accompany the FRs or the IOC in going to the crime scene.
They will only respond upon request through the Operations Center and
after the IOC has already made the proper assessment of the crime
scene.
2. Upon receipt of the Request for Conduct of SOCO, the SOCO Team shall
then conduct the scene of the crime operations which include among
others the narrative description of the crime scene, photography,
videography, crime scene search, crime scene sketch, crime scene
location sketch, physical evidence recording and collection, and other
procedures necessary.
3. In case the SOCO Team needs to temporarily suspend the processing,
the Chief of Police shall primarily responsible and accountable for

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law enforcement operation with planning and crime mapping

securing the crime scene and ensuring its integrity until the return of
SOCO Team and the conclusion of the CSI.
4. After the termination of the SOCO, the SOCO Team Leader shall brief
the IOC on the initial results and thereafter conduct the final crime scene
survey together with the IOC.
5. The SOCO Team shall accomplish the CSI Form “4”- SOCO Report
Forms and furnish the IOC of copies of the same before leaving the crime
scene.

Release of the Crime Scene


1. The IOC shall decide on the lifting of the security cordon and the release of the
crime scene upon consultation with the SOCO Team Leader and he shall be
responsible in ensuring that all pieces of potential evidence have been collected
by the SOCO Team as any re-entry into the crime scene after its release to the
owner will require a Search Warrant issued by the court;
2. The IOC shall accomplish the CSI Form “6” before the cordon shall be lifted;
3. The IOC shall ensure that the appropriate inventory has been provided by the
SOCO Team and shall only lift the security cordon and release the crime scene
only after completion of the documentation process;
4. The IOC or the COP shall turn-over the crime scene to the owner of the property
or where the crime scene is a public place, to any local person in authority using
CSI Form “5”;
5. The IOC shall accomplish and submit the Investigator’s Report with all the
required attachments to the COP within two (2) working days from the date of
incidents; and
6. The CSI Report shall be the first entry in the Case Folder for the investigation of
the incident.

Crime Scene Investigation


Special SOCO Procedures
In cases where the evidence gathered needs special processing due to the
significant or sensational cases, the specialists from the Crime Laboratory shall be
requested.
1. In bombing cases, the EOD personnel should first clear the area and declare it
“secured” prior to entry of the SOCO. The former, before entering the crime
scene must submit to the latter for swabbing. All evidence collected must be pre-
cleared by the EOD prior to documentation.
2. In suspected or reported chemical, biological, radiological or nuclear (CBRN)
situations, the SOCO shall directly coordinate with the Special Rescue Team of

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law enforcement operation with planning and crime mapping

the Bureau of Fire and Protection before the conduct of the crime scene
investigation.
3. In mass victim situation, the Regional/District SOCO who has jurisdiction over the
area, in addition to their function, shall act as FR to the Interim of Disaster Victim
Identification Task Group (IDVI TG) of the PNP Crime Laboratory. The IDVI TG
shall immediately assess the forensic specialists needed to be deployed at the
crime scene and relay the requirements to the PNP Crime Laboratory
Headquarters.
4. The SOCO has motu proprio authority to direct all operating units involved in the
police operation to submit their respective personnel for forensic examination;
their service firearms for ballistic tests; and other pieces of evidence involved to
expedite the investigation of the case.

Duties of the Territorial Police Unit


1. Provide assistance in the evacuation of the injured persons to the nearest
hospital;
2. Provide area security;
3. Control the crowd at the crime scene;
4. Direct the flow of traffic away from the crime scene so as not to destroy and
contaminate vital evidence; and
5. Provide security back-up to the SOCO.

Policy Guidelines on Processing of Persons Present at the Crime Scene


These policy guidelines prescribe the operational procedures in processing and
handling persons present at the crime scene; be they suspects, victims or witnesses.
The aim is to clearly define police courses of actions in dealing with persons who, for
any reason and personal circumstances, are at the crime scene during the conduct of
police operation.
a. Crisis Management
As soon as the perpetrators surrender, or when they are captured or neutralized,
the On-Scene Commander shall ensure that the following are accomplished:
1. Processing and Debriefing:
a. Hostages/Victims;
b. Perpetrators;
c. Witnesses; and
d. Key participants in the incident.
2. Documentation: Sworn statement of the following:

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law enforcement operation with planning and crime mapping

a. Witnesses;
b. Hostages;
c. Perpetrators; and
d. Key participants in the incidents.
3. Venue of Processing, Debriefing and Documentation.

Considering the instability of the situation, the safety of the responders and
persons found at the scene of the crime; and the preservation of the place of incident,
the venue of the processing, debriefing and investigation shall be at a neutral and
secured place.
b. Hostage Negotiation
The following procedure shall be followed during a hostage situation:
1. Crisis Management Task Group shall be activated immediately;
2. Incident scene shall be secured and isolated;
3. Unauthorized persons shall not be allowed entry and exit to the incident scene;
and
4. Witnesses’ names, addresses, and other information shall be recorded.
Witnesses shall be directed to a safe location.

Procedures in the Investigation of Heinous and Sensational Crimes


The Special Investigation Task Group (SITGs) shall spearheaded and coordinate
the investigative and prosecutorial efforts of the PNP to facilitate the speedy resolution
and successful prosecution of heinous/sensational cases to include the conviction of the
perpetrators.
Policies
1. The institutionalization of Command Responsibility at all levels of the
organization shall be highly observed. As such, the respective
Commanders/Supervisors in whose areas of jurisdiction the heinous/sensational
crimes transpired are expected to personally and effectively manage their SITGs
by closely monitoring, supervising, directing, coordinating, and controlling the
overall activities of their subordinates. Hence, SITGs shall be created as follows:
Composition and Organization of SITG:
1. Regional Level – (To investigate killings and violence committed against
Senators, Congressman, Governors, Cabinet Secretaries, Undersecretaries,
and SC and CA Justices):
a. SITG Supervisor – Regional Director
b. SITG Commander – DRDO
c. Assistant Commander – DD/PD or CD, CPO
d. Spokesperson – Regional PIO
e. Members – RCIDU

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law enforcement operation with planning and crime mapping

- Regional Intelligence Division


- Regional Legal Office
- Regional Crime Laboratory
- COP, CPS/MPS/Station Commander
- RIDMD
- Investigator-on-Case
2. PPO/District/CPO Level – (Killings and violence committed against Vice
Governors, Provincial Board Members, Mayors, Vice Mayors, Judges,
Prosecutors, & IBP Lawyers, Militants, Media Practitioners, Foreign
Nationals)
a. SITG Supervisor – Deputy Regional Director for Operations (DRDO)
b. SITG Commander – DD, PD/PF,PPO/CD,CPO
c. Assistant Commander – PO/Field Officer/CIDT
d. Spokesperson – PIO (District/PPO/CPO)
e. Members – Provincial/City Legal Service
- Provincial/City Intelligence Section
- Provincial Crime Laboratory
- RIO
- PIDMB/CIDMB
- Investigator-on-case
- Chief of Police

2. Whenever a heinous or sensational crime transpires, SITG shall be immediately


organized and be headed by the concerned District Director/Provincial
Director/City Director or the Deputy Regional for Operations depending on the
gravity of the incident and/or upon order/discretion of the PNP.
3. It shall be the responsibility of every established SITG to properly manage the
assigned case and ensure its resolution by applying the best investigative
techniques/practices and utilizing all its available resources.
4. CIDG shall assume the responsibility of pursuing the investigation when the case
is not solved within six (6) months and already classified as a cold case.

Organizational Procedures
1. Whenever a serious crime is committed, the concerned Chief of Police (COP) or
Station Commander shall immediately assess the situation and communicate to
the DD/PD/CD the attendant circumstances and its updates which will be basis of
the DD/PD/CD for recommending to the RD whether or not there is a need to
activate the SITG.

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law enforcement operation with planning and crime mapping

2. Concerned COP or Station Commander shall base his/her assessment and


recommendation on the report of the first responders and his assigned
investigator-on-case. The creation of a SITG is not necessary for crimes that can
be resolved at the said level. Otherwise, A District/PPO/CPO level SITG shall be
organized that will take cognizance of the investigation of heinous and
sensational cases initially investigated by the City/Municipal/District Police
Stations.
3. The Regional Director (RD) shall issue orders organizing the District/PPO/CPO
SITG, indicating the ranks and names of its personnel complement. It shall be
headed by the territorial Chief/Commander/Head of Unit such as the District
Director/Provincial Director/City Director:
a. The SITG shall be composed of Investigation Team, Case Record Team,
Technical/Legal Support Team, Admin/Logistics Teams and Evidence Team;
b. The Case Record Team shall be headed by an Officer from Investigation and
Detective Management Division/Branch/Section who shall be at the same
time the Case Record Officer and the Evidence and Record Custodian,
responsible for the preservation of evidence.
4. The Investigator-on-Case (IOC), who is part of the Investigation Team, shall
gather and prepare relevant documents for filing of appropriate case(s) in Court
and serve as liaison with other law enforcement agencies/government agencies,
NGOs/NGAs, and other person or entities which could possibly help the SITG in
the resolution of the case. The IOC shall also be the Evidence Custodian, except
for pieces of evidence which need to be submitted to Crime Laboratory, the
courts, and other technical agencies for technical examination and analysis;
5. In cases where the designated Commander or members of the SITG cannot
effectively comply with the operational requirements, and/or has “perceived
biases” of any kind, the RD shall immediately reorganize the said SITG and
designate other officers who are more capable of accomplishing the job.
6. Upon the creation of a SITG, a “Case Investigation Plan” must be made to serve
as operating guidelines in the conduct of investigation of heinous and sensational
cases. This will include the journal of the case which pertains to the daily
progress on what has been done and accomplished in the investigation of the
case, to include the minutes of case conferences and coordination with other
office/units. This will also be the basis of funding the SITGs activities.
7. The CPNP may direct/task any operational support unit of the PNP to assist the
investigation. Likewise, he may also order the reorganization of the SITG as he
deems it necessary.
8. The SITG shall be deactivated upon the solution of the particular case being
investigated.
9. Every SITG shall have six (6) months to resolve a case from the time it takes
cognizance of the said case.

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law enforcement operation with planning and crime mapping

Operational Procedures
The following are the operational procedures to be undertaken by the SITG
pertaining to investigations of all heinous/sensational crimes:
1. Investigation starts from the arrival of the First Responder on the ground who
shall perform important tasks as earlier enumerated;
2. Aside from the usual investigative procedures, the SITG shall immediately
validate and confirm the affiliations of the victims, issue press releases on a
regular basis and establish an On-Scene Command Post (OSCP) by putting up a
tent or similar structures or deploying a Mobile Investigation Van (if available)
at/or near the crime scene. The SITG Commander or his deputy who is also a
member of the SITG must be present/available in the OSCP at all times;
3. The OSCP shall be maintained for as long as necessary and shall only be
deactivated or transferred with the clearance and approval of the Regional
Director;
4. The OSCP shall be utilized by the SITG to conduct on-scene or on-the-ground
investigation. The tent or van of the OSCP shall be marked appropriately as
“PNP On-Scene Command Post” and shall also be posted with the mobile phone
or contact numbers of the SITG Commander, Assistant Commander and the
Investigator-On-Case.
5. The Police Station which jurisdiction over the area shall be utilized as alternate
OSCP of the SITG; Follow-up actions and efforts must be undertaken to:
a. Give special focus to ascertaining/establishing motive;
b. Effectively conduct profiling if victims, suspects and witnesses;
c. Proficiently link/matrix analysis and exploit evidence information; and
d. Hold paramount the convenience of witnesses when extracting their
statement or affidavit.
6. The SITG commander supported by the Investigation Team, Technical Teams,
and Case Record Officer shall prepare the CIPLAN and take notice, prepare, and
observe the following:
a. The Investigation Management System consists of evidence matrix, resource
spreadsheet, standard tactical plan, and major investigation plan;
b. The CIPLAN must be prepared and shall be in the following format (Six Point
Plan); Situation, Mission, Execution, Contingency, Administration and
Logistics, Command and Communication (SMECAC);
c. Prepare the Crime Scene Matrix Template which is necessary in the conduct
of crime analysis. It can come in tandem with the evidence and resource
matrix of the investigation plan; and

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law enforcement operation with planning and crime mapping

d. Surveillance must also be done to assess and make decisions on


competencies needed and allocation of resources.
7. Strengthen the coordinative mechanism in order to:
a. Strictly observe the chain of custody of evidence and flow of communications;
and
b. Develop and resolve the issues under investigation through case
conference/s with DOJ and other concerned agencies.
8. Initiate build-up and follow-up investigation;
9. Consolidate all the forensic results, testimonial documents and other
investigation reports as well as the compliances of the members of the SITG;
10. Initiate the crime matrix analysis in coordination with all members of SITG;
11. Initiate the preparation of the case folder with the assistance of other members of
SITG;
12. File or refer the case to the Department of Justice (DOJ);
13. Conduct case reviews (Internal/external) to be done by senior investigators or
detectives. It can be seen as a form of risk management that seeks to apply the
principle of system audit to reduce recurrence of typical errors. Case reviews
shall be in form of:
a. Informal “Golden Hour” review (at the early stage of investigation);
b. Self-Inspection (Self-Completion of a short pro forma to provide prompt
actions and highlight emerging problems);
c. 28-Day Progress Review (assure quality and assist investigators identify
investigative opportunities to advance the inquiry);
d. Concluding Reviews (provide overview), Case Development Reviews (Cold
Case Review);
e. Detective Case Review (review of their sample solve cases and learn best
practices: and Thematic Review (focus upon specific issue);
f. All case folders including pertinent documents must be kept by the case
record officers with copies furnished to the evidence custodian of the local
police station;
g. In case the investigator-on-case is dismissed or retired or separated from the
service, all remaining members of the investigation team shall be responsible
for the court presentation of the case; and
h. Conduct case tracking until the final disposition of the case.
14. The extension of the SITG can be considered based on the manifestation of the
Regional Director to TDIDM (Attn: C,CMD) as a result of his/her evaluation that
the case could be resolved in the certain period of time, but in no case shall this
exceed in a one (1) month period.
15. If the case has been solved, the SITG shall be deactivated immediately. The
SITG Commander shall inform TDIDM (Attn: C, CMD) regarding its deactivation;

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law enforcement operation with planning and crime mapping

16. Once the warrant of arrest has been issued, the RIDMD concern shall monitor
the Unit Commander concerned to serve the warrant. Further, the RIDMD shall
monitor the Unit Commander handling the case to ensure the attendance of
prosecution witnesses when directed by the Court or Prosecutor;
17. The RIDMD shall make a monthly progress report on all SITG cases filed in
Court or Prosecutor’s office to TDIDM (Attn: C, CMD);
18. If the SITG fails to resolve the case within six (6) months or after the extension,
the case will be considered a “cold case”. Hence, the SITG shall be deactivated
under obligation to ensure that all documents, pieces of evidence and any other
related materials are accounted and secured;
19. All the records of the cold cases and cleared cases including the pieces of
evidence gathered shall be officially turned over to the Regional Criminal
Investigation and Detection Unit (RCIDU), CIDG in the respective PROs for the
continuation of the investigation. Likewise, chain of custody of evidence must be
strictly observed;
20. CIDG must submit to TDIDM (Attn: C, RAD), a modified CIPLAN or new CIPLAN
in the conduct of the follow-up investigations on all cases that were turned over
to them. Progress Report on all “cold cases” that were turned over to CIDG shall
be submitted to RIDMD (copy furnished CMD, DIDM). The latter shall monitor
and periodically evaluate the case being investigated by CIDG and make
appropriate assessment for its final disposition. Strengthen the coordinative
mechanism in order to:
a. Strictly observe the chain of custody of evidence and flow of communications;
and
b. Develop and resolve the issues under investigation through case conference
with the DOJ and other concerned agencies.
21. All concerned PNP units are enjoined to exert extra efforts in order to identify,
locate or cause the identification and arrest of the culprit(s):
a. They shall immediately organize a dedicated TRACKER TEAM to pursue a
particular target personality/suspect;
b. They shall enhance information gathering and intelligence build-up for the
identification and apprehension of the suspects;
c. They shall work in close coordination with the NBI, DOJ and all other law
enforcement agencies, as necessary. The SITG must therefore closely
coordinate with their respective local prosecutors and ensure that a
prosecutor is included as a member of the Technical/Legal Support team; and
d. They shall prepare posters of wanted personalities especially those covered
with rewards. Rogue galleries at the city and municipal levels shall also be
prepared for this purpose.

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law enforcement operation with planning and crime mapping

22. While the tasked units shall operate on existing logistical and financial
allocations, Regional Directors shall also provide logistical and financial support
to SITG.

SPECIAL OPERATIONAL PROCEDURES | Rules on Labor Disputes


General Policy and Guidelines
1. The involvement of PNP personnel during strikes, lockouts and labor disputes in
general shall be limited to the maintenance of peace and order, enforcement of
laws, and implementation of legal orders of the duly constituted authorities;
2. The PNP shall only render assistance to labor disputes upon written request
addressed to the Regional Director/District Director concerned. In case of actual
violence, the police can respond without the written request.
3. In so far as practicable, no PNP personnel shall be allowed to render police
assistance in connection with a strike or lockout if there is question or complaint
as regards to his relationship by affinity or consanguinity to any official/leader of
the parties in the controversy of if he has financial or pecuniary interest therein.
4. PNP personnel detailed as peace-keeping force in strike or lockout areas shall
be in prescribed uniform at all times.
5. They shall exercise maximum tolerance and when called for by the situation or
when all other peaceful and non-violent means have been exhausted, police
officers may employ such means as may be necessary and reasonable to
prevent or repel an aggression.
6. The matter of determining whether a strike, picket or lockout is legal or not
should be left to Department of Labor and Employment (DOLE) and its
appropriate agencies. PNP personnel should not interfere in a strike, picket or
lockout except as herein provided.
7. No personal escort shall be provided to any of the parties to the controversy
unless upon written request from DOLE. Whenever escorts are to be provided,
the other party shall be informed accordingly. All escorts shall be in prescribed
uniform at all times.
8. During the pendency of a strike/lockout, the police personnel concerned are
prohibited from socializing with any of the parties involved in the controversy.
9. Liaison shall be established and maintained with the representatives of DOLE,
management of the union in the strike/lockout area for the purpose of maintaining
peace and order, as well as to maintain a continuing peaceful dialogue between
parties to the strike/lockout.
10. The peace-keeping detail shall not be stationed in the picket line (or confrontation
line) but should be stationed in such manner that their presence may deter the
commission of criminal acts or any other untoward incident from their side. The

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law enforcement operation with planning and crime mapping

members of the peacekeeping detail shall stay outside a 50-meter radius from
the picket line. In cases wherein the 50-meter radius includes a public
thoroughfare, they may station themselves in such public thoroughfare for the
purpose of ensuring the free flow of traffic.

Applicable Legal Parameters


The pertinent provisions of the Public Assembly Act of 1985 (Batas Pambansa
Bilang 880), the Labor Code of the Philippines, as amended and other applicable laws,
shall be observed during rallies, strikes, demonstrations or other public assemblies. Law
enforcement agents shall, at all times:
1. Exercise maximum tolerance;
2. In case of unlawful aggression, only reasonable force may be employed to
prevent or repel it;
3. The employment of tear gas and water canons shall be made under the control
and supervision of the Ground Commander; and
4. No arrest of any leader, organizer, or participant shall be made during the public
assembly, unless he/she violates any pertinent law as evidence warrants.

Service of Lawful Orders to Writ


The service of Department of Labor and Employment (DOLE), court, or other
lawful orders or writ is the primary concern of the DOLE representative, sheriff, and
representative of the government agency issuing the order, respectively. The role of the
PNP is only supportive. Only when specifically stated and requested in the order or writ
shall the PNP enforce such orders or writs.

Prohibited Labor Activities


No personnel of the PNP shall:
1. Bring in, introduce or escort in any manner, any individual who seeks to replace
strikers in entering or leaving the premises or a strike area; or
2. Work in replacement of the strikers.

Rallies and Demonstrations


Policies

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law enforcement operation with planning and crime mapping

1. The PNP adheres to the Code of Conduct for Law Enforcement Officials adopted
by the General Assembly of the United Nations which requires law enforcement
officials to respect and protect human dignity, maintain and uphold the human
rights of all persons, and limit the use of force to situations where it is strictly
necessary and to the extent required for the performance of their duty.
2. Public assemblies held in freedom parks or on private property do not need a
permit for the activity. Public assembly with permit or one held in a freedom park
or private property shall not be dispersed as long as it remains peaceful and no
incidence of violence occurs.
3. The PNP shall provide police assistance only when requested by the leaders or
organizers for maintenance of peace and order to ensure the safety of those
participating in the public assemblies held in freedom parks or on private
property.
4. A public assembly held in a public place must have a permit from the mayor of
the city or municipality exercising jurisdiction over the place where it will be held.
5. A public assembly held with or without a permit may be peacefully dispersed. A
public assembly with a permit may be dispersed if the same is being held in
violation of the terms and conditions imposed in the permit. In both cases, before
conducting any dispersal operation, the PNP shall notify the concerned
organizers and leaders of the public assembly.
6. Lightning demonstrations or rallies in areas where public assembly is prohibited
shall be dispersed peacefully. However, should any of the participants refuse to
disperse voluntarily or violate any ordinance during an unauthorized public
assembly; they shall be taken into police custody and be charged accordingly.
7. Ground Commanders are responsible in determining whether there is a permit
for the holding of the public assembly.
8. Close coordination with the mayor of the city or municipality, or his
representative, where the public assembly is being held should always be
maintained especially when a permit has not been issued but an application has
been filed prior to the holding of the public assembly.
9. Maximum tolerance shall be exercised in the conduct of dispersal operations.
Violators of the law shall be apprehended and brought to the nearest Police
Station for proper disposition.

Limitations on the Role of the PNP


The PNP shall not interfere with the holding of a public assembly. However, to
ensure public safety and maintain peace and order during the assembly, the police
contingent under the command of a PCO preferably with the rank of Police Senior

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law enforcement operation with planning and crime mapping

Inspector may be detailed and stationed in a place at least one hundred (100) meters
away from the area of activity.

Guidelines for Civil Disturbance Management (CDM) Contingent during


Rallies/Demonstrations
1. CDM contingent shall be in prescribed uniform without firearm.
2. Tear gas, smoke grenades, water cannons, or any similar anti-riot device shall be
used only when the public assembly is attended by actual violence or serious
threats of violence, or deliberate destruction of property.

Dispersal of Public Assembly with Permit


All public assembly with a permit shall not be dispersed. However, when an
assembly becomes violent, the police may disperse such public assembly in the
following manner:
1. At the first sign of impending violence, the Ground Commander of the PNP
contingent shall call the attention of the leaders of the public assembly and ask
the latter to prevent any possible disturbance;
2. If actual violence reaches a point where rocks or other harmful objects from the
participants are thrown at the police officers or at the non-participants, or at any
property, causing damage to it, the Ground Commander of the PNP contingent
shall audibly warn the participants that if the disturbance persists, the public
assembly will be dispersed;
3. If the violence or disturbance does not stop, the Ground Commander of the PNP
contingent shall audibly issue a warning to the participants of the public
assembly, and after allowing a reasonable period of time to lapse, he shall
immediately order it to disperse; and
4. No arrest of any leader, organizer or participant shall be made unless he violates
during the assembly a law, statute, or ordinance.

Dispersal of Public Assembly without Permit


When the public assembly is held without a permit where a permit is required, the
said public assembly may be peacefully dispersed. However, when the leaders or
organizers of public assembly can show an application for permit duly filed at the office
of the mayor which has jurisdiction over the place where the rally will be held, at least
five (5) days prior to the intended activity and the Mayor did not act on the same, the
grant of the permit being then presumed under the law, and it will be the burden of the
authorities to show that there has been a denial of the application, in which case, the

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law enforcement operation with planning and crime mapping

rally may be peacefully dispersed following the procedure of maximum tolerance


prescribed by law.

Prohibited Acts
It shall be prohibited for a police officer to commit the following acts during
peaceful assembly:
1. Obstructing, impeding, disrupting or otherwise denying the exercise of the right to
peaceful assembly;
2. The unnecessary firing of firearms to disperse the public assembly;
3. Acts in violation of the preceding paragraph.
4. Acts described hereunder if committed within one hundred (100) meters from the
area of activity of the public assembly:
a. The carrying of a deadly or offensive weapon or device such as firearm,
pillbox, bomb, and the like;
b. The carrying of a bladed weapon;
c. The malicious burning of any object in the streets or thoroughfares;
d. The carrying of firearms by CDM contingents;
e. The interfering with or intentionally disturbing the holding of a public assembly
by the use of a motor vehicle, its horns, and loud systems;
f. The drinking of liquor or alcoholic beverages; and
g. Gambling of any kind.

Police Responses during Public Assembly


The following are the police responses during the planning stage, initial and
peaceful stage, confrontational stage, violent stage and post operation stage:
a. During Planning Stage
1. Initial dialogue with the leaders/organizers to ensure the peaceful holding of a
public assembly, including among others, detail of police escorts.
2. Prepare appropriate security and CDM contingency plans.

b. During Initial and Peaceful Stage


1. With Permit or Held in Freedom Parks/Private Properties
a. The PNP shall not interfere with the holding of a public assembly.
However, to adequately ensure public safety, a CDM contingent, under
the control and supervision of a PCO shall be stationed at least one
hundred (100) meters away from the area where the public assembly is
being held. Should the office of the Mayor confirm that a permit has not
been issued, the leaders/organizers shall be informed of the fact that they
are violating the law and will be asked to disperse peacefully.

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b. The PNP shall exhaust all peaceful remedies to persuade the


demonstrators to disperse. This may include the involvement of Local
Chief Executives/community leaders when available to intervene in the
situation so that dispersal operations could be avoided.
c. Should negotiation fail and the demonstrators refuse to disperse
voluntarily and peacefully, thereby causing public inconvenience, CDM
contingents may commence dispersal operations.

c. During Breach of Peace/Confrontation Stage (With or without permit)


No public assembly with a permit shall be dispersed. However, when a public
assembly becomes a violent, the CDM contingents may disperse such public
assembly in the following manner:
1. At the first sign of impending violence, the Ground Commander shall call
the attention of the leaders/organizers of the public assembly and ask the
latter to prevent any possible disturbance. CDM contingents shall hold the
line to prevent demonstrators from proceeding to other areas where the
holding of a public assembly is prohibited;
2. If actual violence reaches a point where rocks or other harmful objects
from the participants are thrown at the CDM contingents or the non –
participants, or at any property causing damage to it, the Ground
Commander shall audibly warn the participants that if the disturbance
persists, the public assembly will be dispersed;
3. If the violence or disturbance does not stop, the Ground Commander shall
audibly issue a warning to the participants of the public assembly, and
after allowing a reasonable period of time to lapse, shall immediately order
it to disperse. With the use of CDM formations, the rank of demonstrators
shall be disbanded, contained, and isolated from each other, and should
be prevented from regrouping.
4. Water cannons and riot sticks maybe used to repel aggressions and to
disperse demonstrations and reserve CDM contingents may be employed
when situation requires.
5. No arrest of any leader, organizer or participant shall be made unless he
violates a law, statute, or ordinance during the assembly.

d. During Violent Stage


1. Non – lethal weapons and equipment may be used to suppress violence,
to protect lives and prevent further damage to properties.
2. PNP security elements shall be tactically deployed to provide immediate
assistance to the CDM contingents.

e. Post-Operation Stage
1. CDM contingents shall be withdrawn after the area has been cleared of
possible danger to public safety.

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2. Sufficient police force shall be maintained to ensure peace and order in


the area.

Guidelines in the Use of Non-Lethal Weapons


a. Shield and Truncheon
During the confrontational stage, truncheon or baton may be utilized only to push
back demonstrators and not as an instrument to strike individuals. However,
when demonstrators become aggressive, truncheon shall be the principal non-
lethal weapon for dispersal. In such situation, CDM contingents shall
nonetheless, use the same with caution and due diligence to avoid unnecessary
injury.

b. Water Cannons
Water cannons may be utilized when demonstrators become unruly and
aggressive forcing troops to fall back to their secondary positions.

c. Tear Gas
Tear gas and pepper spray may be utilized to break up formations or groupings
of demonstrators who continue to be aggressive and who refuse to disperse
earlier efforts.

Guidelines in dealing with Assemblies, Rallies, Demonstrations and Marches

1) To ensure the protection, safety and welfare of the public and demonstrators as
well, the following must be observed:
a. Confined Assemblies in Private Property (Churches, Schools, etc)
1. Initiate the conduct of dialogue with the leaders/organizers.
2. Secure and maintain order within the perimeter.
b. Confined Assemblies in Freedom Parks
1. Initiate and conduct of dialogue with the leaders/organizers.
2. Request for the permit from the leaders/organizers if the local ordinance of
the area requires one.
3. Secure and contain the area within the limits of the permit to ensure the
orderly and peaceful conduct of the assembly.
c. Mobile Assemblies in a Private Area
1. Initiate the conduct of dialogue with the leaders/organizers.
2. Secure and maintain order within the perimeter.
d. Marches and Motorcades along Public Thoroughfares
1. Initiate the conduct of dialogue with the leaders/organizers.

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2. Request for the permit from the leaders/organizers if the local ordinance of
the area requires one.
3. Ensure the orderly and peaceful conduct of the marches and motorcades
to ensure public safety and to prevent compromise of public convenience.

2) There shall always be a designated Group Commander at the rally site;


3) Apply slow dispersal technique whenever it is applicable. Take the ground inch
by inch. Group Commander shall refrain from using water canon and tear gas as
much as possible; and
4) If necessary, provide a medical team to extend assistance;
5) All CDM operations shall be properly documented with video and photo
coverage;
6) Respect for human rights and equal treatment and protection for everybody shall
be strictly observed; and
7) PNP personnel shall observe maximum tolerance.

Civil Disturbance Management Operations


General Guidelines
The PNP units tasked to maintain peace and order shall not interfere with the
holding of public assembly. To ensure public safety, a Civil Disturbance Management
(CDM) contingent under the command of a Police Commissioned Officer (PCO) with the
rank of Police Senior Inspector of higher shall be detailed and stationed at least 100
meters away from the place where the public assembly is being held. In the absence of
any permit from the LGU concerned, the PCO in command should exert effort in
persuading the demonstrators to disperse peacefully and vacate the public place. In
lightning rallies and demonstrations, the Ground Commander shall exhaust efforts
through dialogue with the leaders/organizers for voluntarily dispersal. In case of failure,
orderly dispersal to include apprehension of those responsible is resorted to.

Specific Guidelines
When assistance is requested by the leaders/organizers, it shall be imperative for
the CDM contingent to perform their duties while observing the rights of demonstrators.
Further, the members of the CDM contingent dealing with the demonstrators shall be in
prescribed uniform.
1. The CDM contingent shall not carry any kind of firearms but may be equipped
with baton or riot sticks, crash helmets with visor, gas masks, boots or ankle-high
shoes with shin guards.
2. Tear gas, smoke grenades, water cannons, or any similar anti-riot device shall
not be used unless the public assembly is attended by actual violence or serious

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threats of violence or deliberate destruction of property. Maximum tolerance shall


always be observed.
3. The organizational and membership of CDM contingents, as well as their
deployment and employment, shall be in accordance with existing PNP rules and
regulations.

CDM Operational Tasks


1. Isolate the area
a. Secure likely targets
b. Control crowds
c. Establish area control
d. Neutralize special threats

CDM Operational Approaches


1. The commitment of a CDM contingent must be viewed as a last resort. Their role,
therefore, should never be greater than what is necessary under the
circumstances. This does not mean though that the number of troops employed
should be minimized. Doubts concerning the number of troops required should
normally be resolved in favor of deployment of large number since the presence
of such large number may prevent the development of situations in which the use
of excessive force would be necessary. A large reserve of troops be maintained
during civil disturbance operations.
2. In selecting an operational approach to civil disturbance situation, the Ground
Commander and his personnel must adhere to the “minimum necessary force”
principle.
3. Efforts should be exerted to create the image of restrained and well-discipline
force, the sole purpose of which is to assist in the restoration of law and order.
Further, while CDM contingent should be visible, any activity which might excite
rather than calm should be avoided when possible.
4. Consistent with the controlling principle “that he must use the minimum
necessary force to accomplish his mission”, the Ground Commander shall equip
the CDM contingent only with rattan stick/truncheon/baton, shield, Kevlar helmet
and handcuffs.
5. In situations requiring the use of baton/truncheons should only target fleshy part
of the body such as arms, torso, legs, and thighs. Hitting protesters with the
baton or truncheon on the head, face, neck, shoulders blades, elbows, fingers,
groins, knees, and ankles must be avoided since strikes to these part may cause
serious to permanent injuries, or even death.
6. Protesters that are arrested must be properly restrained/handcuffed using
scientific control methods, and thereafter brought safely to the police station for

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processing. Arrested protesters must not be kicked, punched, or dragged by hair


or feet.
7. Whenever appropriate, deploy properly trained and equipped female CDM
personnel as front-liners.

Demolition and Ejectment Orders


Role of the PNP in the Enforcement of a Demolition and/or Ejectment Orders
Police assistance in the enforcement or implementation of a demolition or
ejectment order shall be granted only upon a written request of the Sheriff or equivalent
officer in quasi-judicial and administrative bodies accompanied by a valid order issued
by a competent court, quasi-judicial or administrative body and, when required, with
written permission from the local Housing board in accordance with EO 708 amending
152 and DILG Memo Circular No. 2008-143. The proponent shall only be provided with
police assistance upon compliance with the requirements including the requirements
under Sections 27, 28, and 30 of RA 7279 (Urban Development and Housing Act),
when applicable. Moreover, said police assistance shall be coordinated with the
concerned local chief executive before its enforcement. In no case shall a demolition
involving settlers be effected without a pre demolition conference being conducted
between and among the parties involved.
1. The conduct of pre-demolition conference in cases where the affected families
are informal settlers shall be mandatory.
2. The duties of PNP personnel in any demolition or ejectment activity shall be
limited to the maintenance of peace and order, protection of life, and property,
and enforcement of laws and legal orders.
3. PNP personnel tasked to provide police assistance shall be in prescribed uniform
during the actual demolition. They shall be limited only to occupy the first line of
law enforcement and civil disturbance control; shall not participate in the physical
dismantling of any structure subject of demolition; and shall use only necessary
and reasonable force.

Procedures in the Enforcement of a Demolition and/or Ejectment Order


1. PNP personnel should be informed of the prevailing situation, their tasks, and
strict observance of Human Rights.
2. As much as practicable, the Chief of Police (COP) shall lead the PNP contingent
detailed to assist the Sheriff or equivalent officer during the demolition/ejectment
activity.
3. All PNP personnel involved shall desist from the use of any unnecessary force or
any act that may harm, harass, or terrorize the affected parties.

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4. The mode of participation shall be limited to the maintenance of peace and order
during the entire demolition/ejectment activity, ensuring the protection of all
parties from harm and injury.
5. Tear gas, water cannon, and reasonable force shall be used only when all other
peaceful and non-violent means have been exhausted.

Police Assistance in the Implementation of Final Decisions or Orders of the


Courts in Civil Cases of Quasi-Judicial Bodies and of Administrative Bodies on
Controversies within their Jurisdiction
Police Assistance in the Implementation of Final Decisions or Orders or
Resolutions of the Courts in Civil Cases of Quasi-Judicial Bodies and of
Administrative Bodies (Except Cases with Issued Temporary Restraining Order or
Injunction)
The request for police assistance shall be submitted to the Office of the Chief,
PNP in case the final decision or order to be implemented is rendered by the Supreme
Court, the Court of Appeals, the Court of Tax Appeals, the Sandiganbayan, quasi-
judicial bodies or administrative bodies. If the final decision or order is rendered by the
Regional Trial Court or the Municipal Trial Court, the request shall be submitted to the
Office of the Regional Director of the Police Regional Office (RD, PRO) having territorial
jurisdiction over the place of implementation. The request for police assistance of quasi-
judicial or administrative bodies shall be submitted to the Office of the Chief PNP
regardless of the place where the police assistance shall be rendered, but the same
maybe delegated to the Regional Director upon discretion of the Chief PNP in
accordance with Section 26, RA 6975.

Requirements for Police Assistance


Request for police assistance in the implementation of final decisions/orders/writs
shall be acted only, upon compliance of the following conditions:
1. The request for police assistance is based on an order of the court, quasi-judicial
or administrative bodies;
2. The written request for police assistance shall be signed by the Sheriff or
equivalent officer in quasi-judicial or administrative bodies;
3. The request is filed at least five (5) working days prior to the actual
implementation; and
4. The original document of the final decision/order/resolution must be presented. In
the absence of the same, a copy duly authenticated by the Clerk of Court or
other authorized representative of the court, quasi-judicial or administrative body
will suffice.

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Period to Render Police Assistance


If the request for police assistance satisfies all the requirements, police
assistance shall be rendered within three (3) working days from receipt of the directive
from the C/PNP or RD, PRO, unless a specific period is written in the order or due to
inherent impossibility of rendering assistance, a longer period is required.

Office or Unit that may be tasked to Render Police Assistance


The Chief PNP, as may be recommended by the Director for Operations, may
task any operational support unit of the PNP or the PRO that has jurisdiction in the area
where the decision/order/resolution shall be implemented to render police assistance. In
case of request to the RD, PRO, the latter may task the Public Safety
Company/Battalion, Police Provincial Office (PRO), City Police Station/Station (CPS) or
Municipal Police Station (MPS) within jurisdiction to render police assistance. In case of
direct filing or request to local police units or operational support units, the request shall
be referred to the OCPNP or RD, PRO as appropriate. In the meantime, no police
assistance shall be rendered until the C/PNP or RD, PRO shall have acted on the
request.

Extent of Police Assistance


The head of office or unit tasked to render police assistance shall have the
discretion to employ sufficient number of the PNP uniformed personnel after taking into
consideration the importance of the case, the scope of the resistance to be
encountered. If there is any and the general peace and order condition in the area.
Unless a higher ranking officer is necessary and more PNP personnel shall be required,
the police team that will render police assistance shall be led by a Police Commissioned
Officer (PCO) with the rank of Police Senior Inspector. All the team members shall be in
prescribed uniform while rendering assistance.

Role of the PNP Personnel Rendering Police Assistance


PNP personnel shall observe maximum tolerance and respect for individual
rights at all times. Dialogue with those who may be affected by the implementation of
the decision/order/resolution is encourage to prevent violence and the assistance of
local public officials, when warranted, should be requested. However, the Sheriff or the
equivalent officer of quasi-judicial or administrative bodies shall have the final
disposition whether to proceed with the implementation of the decision/order/resolution
or not. The use of reasonable force shall only be resorted to for self-defense and
defense for strangers. The role of the PNP shall be limited to the maintenance of peace
and order, crowd control and security of the sheriff or equivalent officer of quasi-judicial

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or administrative body. In no case shall PNP personnel participate in the implementation


of the decision/order/resolution by performing acts not herein mentioned, such as, but
not limited to, dismantling, hauling of personal property and other analogous acts.

Police Assistance in the Implementation of Final Decisions or Orders or


Resolutions of the COMELEC or DILG or Local Government Unit Exercising
Disciplinary Powers in Administrative Cases of Elected Officials

Requirements for the Request for Police Assistance


The police assistance shall only be granted upon written request of COMELEC or
DILG accompanied with the original or authenticated copy of the final decision or order
or resolution to be implemented.

Period to Render Police Assistance


If the request for police assistance satisfies all the requirements and the
clearance to render police assistance approved by the C/PNP, the police assistance
requested shall be rendered within three (3) working days from receipt of the directive
from the C/PNP or for a longer period when required by the circumstances.

Extent of Police Assistance


The Special Task Group Commander tasked to render police assistance shall
have the discretion to employ sufficient number of PNP uniformed personnel after taking
into consideration the scope of the resistance to be encountered, if there is any, and the
general peace and order condition in the area. Unless a higher ranking officer is
necessary and more PNP personnel are required, the police team that will render police
assistance should be led by a Police Commissioned Officer (PCO) with the rank of
Police Senior Inspector. All members of the Special Task Group shall be in prescribed
uniform when rendering police assistance.

Role of the PNP Personnel Rendering Police Assistance


The role of the PNP when rendering police assistance shall be limited to the
maintenance of peace and order, crowd control, and the security of the duly authorized
officer of the COMELEC, DILG or the Local Government Unit implementing the
decision/order/resolution. In no case shall PNP members participate in the
implementation of the decision/order/resolution which shall be undertaken by the duly
authorized officer of the COMELEC or DILG or the Local Government Unit concerned.

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In performing their role, the PNP personnel shall at all times observe maximum
tolerance and respect for human rights. The use of reasonable force shall only be
resorted to for self-defense and defense for stangers. Moreover, the PNP personnel
shall always exercise utmost impartiality and neutrality in effecting its role. The duly
authorized officer of the COMELEC or DILG or the Local Government Unit personally
leading the implementation of the said decision/order/resolution shall have the final
disposition whether to proceed or not with the implementation of the
decision/order/resolution.

Police Assistance in the Implementation of Comprehensive Agrarian Reform


Program (CARP)
Coverage
a. Final Orders
a. Final Orders/Resolutions/Decisions Issued by DAR
b. Order of Installations or Certificate of Land Ownership Award (CLOA)

b. Preliminary Agrarian Activities


a. Land Survey
b. Field Investigation
c. Ocular Inspection
d. Meeting between actual and potential Agrarian Reform Beneficiaries
e. Post Installation
f. Landholding tagging
g. Analogous cases

Requirements in the Granting of Police Assistance


1. Police assistance in the implementation of final orders, decisions, resolutions or
CLOAs issued DAR shall be rendered only upon a written request submitted by
the Agrarian Reform Officer or any authorized officer of DAR, accompanied with
the original or authenticated copy of the final decision, order or CLOA to be
implemented. The request and its attachments, regardless of the place of
execution, shall be submitted to the Office of the Chief PNP for his approval.
2. Police assistance during the conduct of preliminary agrarian activities as
provided in Rule 30.1b shall be rendered only upon a written request submitted
by the Agrarian Reform Officer or any authorized officer of DAR, accompanied
with the original or authenticated copy of the order issued for the activity (if
applicable). The request shall be submitted to the Office of the Regional Director
of the Police Regional Office having jurisdiction over the area of execution for his
approval.

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When to Render Police Assistance


Police assistance in the implementation of CARP shall be provided only as
requested by DAR. In no case shall the PNP act on its own without the request and/or
representative from DAR to prevent extending police assistance where same is not
necessary.

Extent of Police Assistance


The head of office or unit tasked to render police assistance shall have the
discretion to employ sufficient number of PNP uniformed personnel after taking into
consideration the scope of the resistance to be encountered, if there is any, and the
general peace and order condition in the area. Unless a higher ranking officer is
necessary and more PNP personnel are required, the police team that will render police
assistance should be led by a Police Commissioned Officer (PCO) with the rank of
Police Captain. All members of the team shall be in prescribed uniform when rendering
police assistance.

Role of PNP Personnel Rendering Police Assistance


The PNP personnel shall observe maximum tolerance and respect for individual
rights at all times. The use of reasonable force shall only be resorted to for self-defense
and defense of strangers. Moreover, the PNP personnel shall always exercise utmost
impartiality and neutrality in effecting its role. The role of the PNP when rendering police
assistance shall be limited to maintenance of peace and order, crowd control, and the
security of the duly authorized officer of the DAR. In no case shall PNP members
participate in the implementation of the decision/order/resolution or in the conduct of
any of the preliminary agrarian activities, which shall be undertaken by the duly
authorized officer of the DAR.
The duly authorized officer of the DAR leading the implementation of the
decision/order/resolution/CLOA or leading the conduct of the preliminary agrarian
activity shall have the final disposition whether to proceed or not with the
implementation of the decision/order/resolution/CLOA or conduct of the activity.

When Entry to the Property is Refused by the Landowner


When the DAR personnel are refused admittance into the property, the PNP
personnel cannot encroach on the property without an order from the DAR specifically
for the purpose. In the implementation of final orders or in the conduct of preliminary
agrarian activities, the authority to break into the property or into a building shall be

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specifically provided in the order or resolution or in the request for police assistance.
The authority to break out to liberate themselves shall also be specifically provided.

Police Assistance in the Implementation of Decisions/Orders of the Court, Quasi-


Judicial or Administrative Bodies that are Immediately Executory.
This rule sets forth the procedure in the granting of police assistance in the
implementation of decisions/orders that are immediately executor like, but not limited to
the following:
1. Temporary Restraining Order
2. Writ of Preliminary Injunction
3. Replevin
4. Writ of Preliminary Attachment
5. Receivership
6. Provisional Remedies under the Human Security Act
7. Temporary Protection Order under the Anti-Violence against Women and their
Children Act
8. Protection Order under the Anti-Child Pornography Act
9. Analogous cases

Where to File
Decisions/Orders issued by the court, quasi-judicial or administrative bodies that
are immediately executor shall be submitted to the Regional Director (RD) of the Police
Regional Office (PRO) having jurisdiction of the place where the decision/order shall be
implemented. Given the urgency of the matter, the RD, PRO shall be the approving
authority. The request for police assistance, however, shall only be acted, upon the
submission of the written request of the Sheriff or equivalent officer in quasi-judicial or
administrative bodies, accompanied by the original or authenticated copy of the
decision/order/writ sought to be implemented.

Role of PNP Personnel Rendering Police Assistance


PNP personnel shall observe maximum tolerance and respect for individual
rights at all times. Dialogue with those who may be affected by the implementation of
the decision/order/resolution is encouraged to prevent violence, and the assistance of
local public officials, when warranted, should be requested. However, the Sheriff or the
equivalent officer of quasi-judicial or administrative bodies shall have the final
disposition whether to proceed with the implementation of the decision/order/resolution
or not. The use of reasonable force shall only be resorted to for self-defense and
defense of strangers.

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Hostage Situation/Barricaded Situations


Procedures to be followed in a Hostage Situation

The following steps shall be undertaken:


1. A Critical Incident Management committee shall be activated immediately;
2. Incident scene shall be secured and isolated;
3. Identify and secure the strongfold;
4. As much as possible, ensure the control of communication lines, and cut-off all
other lines as well as electricity and water supply to allow for more bargaining.
5. Unauthorized persons shall not be allowed entry and exit to the incident scene;
6. Witnesses’ names, addresses, and other information shall be recorded;
7. Witnesses shall be directed to a safe location;
8. Evacuate all victims/injured persons immediately when the opportunity permits;
9. The arrest of the perpetrator shall be the last paramount concern; and
10. Conduct debriefing immediately after the conclusion of the incident.

Ground Commander/On-Scene Commander


There shall be only one Ground Commander/On-Scene Commander holding at
least a senior rank and/or one (1) with experience in hostage crisis situation or relative
training. Until such time that he officially designates a spokesperson, he may issue
appropriate press statements and continue to perform the role of the spokersperson.

Negotiators/Negotiation Team
Negotiators shall be designated by the Ground Commander. No one shall be
allowed to talk to the hostage taker without clearance from the negotiator or Ground
Commander. The Negotiation Team is directly under control and supervision of the On-
Scene Commander. Negotiation team structure will be as follows:
1. Negotiation Team Leader (NTL) coordinator;
2. Primary Negotiator
3. Secondary Negotiator
4. Intelligence Liaison/recorder; and
5. Board Negotiator

Assault Team

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An assault team shall be alerted for deployment in case the negotiation fails.
Members of the assault team shall wear authorized and easily recognizable uniform
during the conduct of the operation.

Support Personnel
An ambulance with medical crew and a fire truck shall be detailed at the incident
area.

Plans
The On-Scene Commander shall, upon the assessment of the situation, prepare
necessary plans to include but not limited to:
1. Emergency Response Plan - depends on the threat posed by the hostage-
takers and need of the Negotiation Team and On-Scene Commander.
2. Breakout Plan – possibility of breakout shall be considered immediately upon
drawing up negotiation strategy. This should be considered as one of the
priority plans.
3. Delivery plan – in case the hostage – takers change plans in the middle of the
execution.
4. Surrender plan –should be drawn up in a way that the hostages’ lives will not
be jeopardized.
5. Hostage Reception/Release – for security reasons, released hostages should
be contained and isolated.
6. Collection plan – safety of the police personnel involved is the priority
consideration.

Coordination
Proper coordination with all participating elements shall be done to consolidate
efforts in solving the crisis.

Safety of Hostage(s)
In negotiation for the release of a hostage, the safety of the hostage shall always
be paramount.

Guidelines during Negotiation

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1. Situation must be stabilized first and contained before the start of the negotiation.
2. All relevant tools and information that can strengthen a negotiator’s position and
create a favourable climate for a successful negotiation must be prepared e.g.
facts relevant to the situation, financial and non-financial terms, issues and
concerns, etc.
3. Do not introduce outsiders (non-law enforcement officers) into the negotiation
process, unless their presence is extremely necessary in the solution of the
crisis. If so introduced, they shall be properly advised on the do’s and dont’s of
hostage negotiations.
4. In case of negotiator breaks down or he/she finds himself/.herself in a deadlock,
it is recommended to employ the service of a mediator.
5. Police officers without proper training shall not be allowed to participate in
hostage negotiations.
6. Whatever scale of an incident and the extent of resources deployed, it is
essential that proper liaison exist between Tactical/Assault Team, technical
Support Team and the Negotiation Team.
7. All activities on the scene, even the delivery of food to the stronghold, must have
tactical coordination with the NTL/Coordinator.

Negotiation through Mediator


1. This mediator will act as a referee, helping the negotiators resolve their
differences.
2. The mediator must be well-versed about the issues in order to be able to
eventually recommend an effective solution.
3. The main object is to reconcile the object of the negotiator with that of the
other property.

Investigation of Violence Against Women and Their Children (VAWC) and other
Cases of Child Abuse
Investigation of Complaints and Reports involving All Forms of Violence against
Women and Their Children
The PNP Women and Children Protection Desks (WCPD) in coordination with
the Local Social Welfare Development Office (LSWDO), shall conduct a timely,
thorough and comprehensive investigation of all cases involving violence against
women and their children, committed within their respective area of responsibility,
consistent with domestic laws, rules and regulations and international human rights
standards. They shall observe the rules and procedures as provided in section 48 of the
Implementing Rules and Regulations of RA 9262 (Anti – Violence Against Women and
Their Children Act of 2004)

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“Children” refers to those below eighteen (18) years of age or older but are
incapable of taking care of themselves as defined under Republic Act No. 7610. As
used in this rule, it includes the biological children of the victim woman and other
children under her care.
1. Upon the receipt of complaint, the WCPD officer shall conduct appropriate
investigation which includes, but is not limited to, taking the formal statement of
the victim survivor and collecting other evidence necessary for the filing of the
case under the Act;
2. Immediately after taking the essential elements of information during the course
of investigation, the WCPD officer shall refer to the victim-survivor to the nearest
PNP Crime Laboratory and/or hospital or any medical facilities for appropriate
medico-legal examination. It shall be the WCPD officers duty to ensure that as
far as possible, the examining physician must be of the same gender as the
victim-survivor, especially in sexual violence cases;
3. Except in the case of a child who is a victim-survivor of the Act, by which other
existing laws require immediate presence of the unoffending parent or guardian
and social worker, only persons expressly authorized by the victim-survivor shall
be allowed by the WCPD officer inside a room where the police investigation as
well as the medical/physical examination are being conducted in private;
4. Ensure the confidentiality of identity of the victim-survivor and all other parties
directly involved with the case under investigation. For this purpose, the WCPD
officer must maintain a separate blotter on crimes committed under the Act.
Under no circumstances shall any police officer allow media access to
information concerning VAWC reported to PNP;
5. After the conduct of police investigation, the WCPD officer shall refer the victim-
survivor to the social worker of the LGU, any available DSWD shelters, NGOs
and other service providers for psycho-social intervention and other rehabilitation
programs.
6. The WCPD officer shall forward the investigation report, together with the
relevant evidence, including the formal statements of witnesses and result of
medico-legal examination, to the prosecutor for filing of appropriate criminal
action under the Act;
7. If victim-survivor is found to have manifestations of the Battered Woman
Syndrome which is validated by past police records and testimonies from
witnesses in interest, the WCPD officer shall inform the Punong Barangay, the
local social worker, or the concerned NGOs, local professional or civic groups in
the area for appropriate psychiatric and psychological evaluation which may form
part of the evidence to be presented in court;
8. Assist in the application and enforcement of the provisions of the protection order
as may be issued by the barangay or the court;
9. Respond with the assistance of the police personnel, barangay officials, and
other parties-in-interest to a call for emergency assistance to ensure immediate

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protection of the victim-survivor by entering the dwelling if necessary whether or


not a protection order has been issued;
10. In case where the perpetrator is armed or in possession of deadly weapon in
plain view, cause the confiscation thereof with the assistance of other police
personnel;
11. Effect the arrest of the perpetrator by virtue of warrant issued by the court
pursuant to existing laws. In the event that any crime under the Act has been
committed, is being committed or about to be committed, or that any police
officer has personal knowledge of the facts indicating the commission of crime, it
shall be his or her duty to arrest the perpetrator even without the strength of a
warrant, provided the offender shall be processed in accordance with Section 5,
Rule 113 of the Rules of the Court;
12. Except when the victim-survivor is deemed more secure to stay in their place of
residence, in which case the perpetrator has been removed by virtue of
protection order issued by the barangay or the court, the WCPD officer or any
designated police officer shall provide assistance to help facilitate the transfer of
the victim-survivor to a safe place of her own choice, including the removal of
some of the victim-survivor’s personal belongings;
13. Monitor and follow up any cases in violation of the Act that has been filed in
court. In this regard, the WCPD officer must maintain a periodic assessment
report of all cases reported to the police in violation of the Act; and
14. Participate in multi-disciplinary mechanisms to help address the protection needs
of the victim-survivor of VAWC.

Investigation of Complaints and Reports Involving other Forms of Child Abuse


Police officers, in coordination with the PNP Women and Children Protection
Desks (WCPD) and Local Social Welfare Development Office (LSWDO), shall conduct
an investigation in all cases of child abuse committed within their respective area of
responsibility, consistent with domestic laws, rules and regulations, and international
human rights.
1. Police officers shall, upon request of a complaint or report or information that a
child has been or is being abused, maltreated, discriminated, exploited,
neglected, or abandoned, or is under imminent danger of being abused or
exploited, shall take immediate action thereon, but under no circumstance shall
be beyond forty-eight (48) hours;
2. Police officers shall immediately coordinate with the WCPD and report the matter
to the LSWDO. In situations where immediate rescue operations are necessary,
the police officers and WCPD in coordination with the LSWDO and other
stakeholders shall prepare the corresponding rescue operations plan;
3. The police officers, together with the WCPD, LSWDO and other
stakeholders/authorities like the Barangay or Municipal or City Health Officer,

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Barangay officials in the place where the incident occurred or is taking place, the
Barangay Human Rights Action Officer or any officer of the Commission on
Human Rights (CHR) in or near the area of operation shall, without delay,
proceed to the place where the child-victim is located and execute the rescue
operations plan;
4. Upon rescue of the child-victim, the law enforcers shall turn over the child-victim
to the LSWDO for protective custody;
5. The police officer, together with the LSWDO, shall ensure that the child-victim
shall immediately taken to the nearest government medical center or hospital or
clinic for physical and psychological examination, treatment and/or confinement;
6. The police officer, in coordination with the LSWDO, shall gather the
necessary/relevant and material data and evidence to support the filing of
appropriate charges before the Prosecutor’s Office and trial of the child-abuse
case/s before the court;
7. The police officer shall ensure that the child-victim shall not be subjected or
exposed to multi-victimization in the course of investigation. Hence, the police
officer shall see to it that the interviews and statements of the victim shall be
recorded and/or video-taped; and
8. Investigation of child abuse cases shall be assigned preferably to members of
the Women and Children Protection Desk (WCPD) or in their absence, the police
officer of the same gender who has appropriate training on child rights, and
investigation and handling of child abuse cases.

Right to Privacy of the Child and Confidentiality of Records


The police officer shall at all times respect the right to privacy of the child and
shall observe confidentiality of information and records pertaining to child rights cases
he investigated or is investigating, from beginning of the investigation and/or initial
custody of the child-victim and at all times thereafter, except when the release of any
information about the child’s case is pursuant to an order issued by a competent court.

Procedure in the Rescue of Minors


a. Planning
All police operations regarding rescue of minors who are victim or subject of
physical, sexual, psychological abuse, exploitation, discrimination, negligence,
and other forms of abuse, shall be properly planned, in coordination with
stakeholders concerned. The plan shall be drawn and discussed in a
preconference with national and/or local authorities such as: the Department of
Social Work and Development (DSWD) or the LSWDO, female police
investigator, preferably from the WCPD or one trained in the handling of

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investigation of child rights cases, the local police units, police photographer,
Public Attorney’s Office (PAO), barangay officials, City and Municipal Licensing
and Permit Division, the Department of Health or the City or Municipal Health
Office, Barangay Human Rights Action Officer or officer of the CHR, and/or the
DOLE. For this purpose, the PNP shall activate a Rescue Team to be headed by
officer/s of the WCPD, in coordination with concerned national and/or local
authorities mentioned above.

b. Rescue Operations
1. All police officers participating in the rescue operations shall be in prescribed
uniform. Should circumstances require that certain police officer/s be in
civilian clothes during the actual operations, he must have the official
identification card which he must show when required.
2. Upon arrival at the operation scene, the police officers shall properly
introduce themselves and inform the people in the area where the child-victim
is located as to the purpose of their operation.
3. Police officer shall not use force unless necessary under the circumstances.
In circumstances where reasonable force is allowed, the police
officers/rescue team shall ensure and/or avoid collateral damage hitting
innocent civilians within the vicinity of operations.
4. The child-victim shall be handled preferably by a police officer of the same
gender as the victim, who has appropriate training on child rights, and in the
investigation and handling of child-abuse cases.

Procedure to be Observed in the Handling of Children in Conflict with the Law


(CICL)
From the moment a child is taken into custody, the law enforcement officer shall:
1. Properly identify himself as police officer and present the proper identification to
the child;
2. Explain to the child, in simple language and in the dialect that he can understand,
the reason why he is being taken into custody and the offense he allegedly
committed;
3. Refrain from using vulgar or profane words and from sexually harassing or
abusing or making sexual advances to the child in conflict with the law;
4. Avoid displaying or using any firearm, weapon, handcuffs or instruments of force
or restraint, unless absolutely necessary and only after all other methods of
control have been exhausted and have failed;
5. Refrain from subjecting the child in conflict with the law to greater restraint than is
necessary for his apprehension;
6. Avoid the use of unnecessary force;

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7. Search on a child in conflict with the law shall only be done by a police officer of
the same gender as the child;
8. Determine the age of the child;
9. Take the child immediately to the proper medical and health officer for a thorough
physical and mental examination. The examination results shall be kept
confidential, unless otherwise ordered by a Family Court. Whenever medical
treatment is required, steps shall be immediately undertaken to provide the
same;
10. Turn over custody of the child to the LSWDO or other accredited NGOs
immediately but not later than eight (8) hours after apprehension and notify the
child’s parents/guardians and the PAO of the child’s apprehension;
11. When the child is fifteen (15) years or below, he shall be immediately released to
his parents or guardian or nearest relative. However, if the child is above twelve
(12) years of age up to fifteen (15) years of age and commits serious crimes such
as parricide, murder, infanticide, kidnapping and serious illegal detention where
the victim is killed or raped, robbery with or rape, destructive arson, rape, or
carnapping where the driver or occupant is killed or raped or offenses under RA
9165 (Comprehensive Dangerous Drugs Act of 2002) punishable by more than
twelve (12) years of imprisonment, shall be deemed a neglected child under PD
603, as amended, and shall be mandatorily placed in a special facility within the
youth care facility or “Bahay Pag-asa” called the Intensive Juvenile Intervention
and Support Center (IJISC). (Sec 20-A of RA 10630).
12. A child who violated local ordinances concerning juvenile status offenses shall be
considered as “child at risk” and not as “child in conflict with the law”. Hence, no
penalty shall be imposed on them for said violations, and they shall be instead
brought to their residence or to any barangay official at the barangay hall to be
released to the custody of their parents and appropriate intervention program will
be provided. (Sec 20-A of RA 10630).
13. Ensure that should detention of the child in conflict with the law be necessary, the
child shall be secured in quarters separate from that of the opposite sex and
adult offenders. The child shall not be locked up in a detention cell;
14. Take the statement of the child in the presence of:
a. The child’s counsel of choice or in the absence thereof, a lawyer from the
PAO;
b. The child’s parents, guardian, or nearest relative, and
c. LSWDO.
15. In the absence of the child’s parents, guardian, or nearest relative, and the
LSWDO, the investigation shall be conducted in the presence of an NGO,
religious group, or member of Barangay Council for the Protection of Children
(BCPC).
16. Ensure that all statements signed by the child during investigation shall be
witnessed by the child’s parents or guardian, social worker, or legal counsel in
attendance who shall affix his signature to the said statement;

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17. Record the following in the initial investigation:


a. Whether handcuffs or other instruments of restraint were used, and if so, the
reason for such;
b. That the parents or guardians of a child, the DSWD, and the PAO have been
duly informed of the apprehension and the details thereof; and
c. The exhaustion of measures to determine the age of a child and the precise
details of the physical and medical examination or the failure to submit a child
to such examination.

Guidelines
The police officer shall at all times ensure respect for the rights of the child in
conflict with the law as provided in the Philippine Constitution, domestic laws, the
Convention on the Rights of the Child and other related international human rights
instruments.

Bomb, Bomb Threat and Bomb Incident Emergency Response Procedures

Bomb
A bomb is a container filled with explosive, incendiary material, smoke, gas, or
other destructive substance, designed to explode. It can appear obvious or concealed
and can vary in size, shape or sophistication and may not necessarily explode such as
in the case of incendiary and dirty bombs. It may be referred to as Improvised
Explosives Device (IED) or ordinance.

Bomb Threat
Bomb threat is either a written or verbal threat communicated through electronic,
oral or other means that threatens to place or use an IED at a certain time, date, or
place against any specific person or place. The First Responder (FR), the police
investigator, and the police detective must remember the following basic facts on bomb
threat:
1. A threat is considered only a threat until something visible is found;
2. Determined bombers do not frequently give warnings of a possible
explosion/incendiary attack;
3. Threats are an excellent way to disrupt productivity without actually risking life,
limb and/or property; and
4. The consequences of conviction for “threatening” are not necessarily as serious
as those that could result from actual placement/initiation of a bomb.

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First Responder’s Procedure on Bomb Threat


The following are the guidelines for FRs during a bomb threat:
a. Upon receipt of the information:
a. Treat all threats as serious until proven otherwise;
b. Determine the exact location of the establishment under threat;
c. Assess or analyse the threat whether it is a long term or a short term threat;
d. Consider evacuation option as follows:
1. Option 1 – Do nothing
2. Option 2 – Search with partial evacuation
3. Option 3 – Search and Evacuation
4. Option 4 – Evacuate immediately
e. Alert Explosive Ordinance Demolition Team (EODT) for bomb search mission
and emergency readiness before going to the crime scene;
f. Proceed immediately to the scene; and
g. Notify Higher Headquarters of any development.
b. Upon arrival at the scene:
1. Confirm the reported bomb threat and notify EODT on the need to conduct a
bomb sweep;
2. Conduct or cause a search for suspicious device/s together with persons
familiar with the location, and unless a bomb is found, personnel may not
order an evacuation of the affected area, but may inform the person in-charge
of the property of the need to evacuate. The following procedures shall be
followed during evacuation:
a. Evacuation and assembly point routes must be searched to ensure that
personnel are not unnecessarily exposed to danger during the evacuation;
b. Designate a “safe” assembly area, well away from the threatened
structure, out of line-of-sight of the building and well clear of windows. A
minimum distance of 150 meters is recommended;
c. Never assemble personnel in front of or directly below glassed areas;
d. Advise employees and visitors to take their personal belongings to
eliminate superfluous “suspicious objects” and to reduce the number of
items to be “checked out”;
e. Select safe and climatically acceptable assembly areas where evacuees
may wait for a considerable period;
f. Avoid car parks as assembly areas and be mindful of the car bomb
potential;
g. Install procedures to ensure that escape routes are clear. Evacuation
routed and assembly areas must be searched before evacuation;
h. Install procedures to ensure windows and doors are left open and lights
left on; and

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i. Include a procedure for machinery shutdown. This can include plant and
equipment, electronics, computer equipment, securing files and
correspondence.
3. If a suspected device is discovered, cause the evacuation of people in the
affected area to a distance of at least 300 meters away, and maintain security
for the protection of life and property:
a. Any discovered device shall be isolated;
b. Do not touch, tamper with or disarm any suspected bomb or IED;
c. Report discovery of suspected device;
d. Do not permit radio transmission within the premises/building;
e. Turn off all electricity and gas units within premises/building;
f. Secure the area and prevent people from approaching;
g. Establish traffic control;
h. Summon ambulance and fire trucks to the scene;
i. Await the arrival of bomb disposal team; and
j. Notify Higher Headquarters of the situation.

First Responder’s Procedure in Case of Actual Bomb Explosion


The following are guidelines for FRs during cases of actual bomb explosions:
a. Upon receipt of the report:
1. Identify exact location of the incident;
2. Alert EOD teams and direct them to proceed to the area;
3. Notify Higher Headquarters of the situation;
4. Request assistance of medical personnel; and
5. Proceed to the scene immediately.
b. Upon arrival at the scene:
1. Cause immediate evacuation of the injured;
2. Direct occupants of the establishment to evacuate;
3. Maintain order and control crowd;
4. Notify Higher headquarters of the situation;
5. Seal off location until EOD team determines if a secondary device exists;
6. Conduct rescue operations at the scene when necessary;
7. Initiate immediate investigation if investigators have not yet arrived and
determine the following:
a. Time of detonation/explosion;
b. Time when the call for bomb threat was received; and
c. Type of device.
8. Submit incident report immediately; and
9. Avoid issuing “speculative” press release or statements.

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Procedures in Determining and Reporting of Terrorism Incidents/Cases


The anti-Terrorism Council headed by the Executive Secretary as Chairman was
mandated by law to assume the responsibility for the proper and effective
implementation of the anti-terrorism policy of the country. The Philippine National
Police, among other law enforcement agencies, serves as support agency for the
council.

Procedures
a. The On-Scene Commander shall initially determine if there is a high degree of
probability that the incident is a terrorist attack. He also establishes the On-
Scene Commander Post and initiates the convening of the Critical Incident
Management Task Group (CIMTG) and the Critical Incident Management
Committee (CIMC) regardless of the nature of the attack.
b. In the event of a suspected terrorist attack, the PROs shall ensure the
management and containment of the incident and shall coordinate with the Task
Force (TF) Sanglahi-Alpha Commander during the development of the case.
c. Bombing attacks and explosions perpetrated by the terrorist, the Inter-Agency
Protocol on Explosives and Related Incidents investigation among the PNP,
AFP, NBI and PCG shall be strictly followed.
d. The Philippine Bomb Data Center (PBDC) will be the fusion center for the
reporting of ERIs. As such, PBDC will be furnished with all Post-Blast
Investigation (PBI) and initial reports pertaining to ERI.

Cybercrime Incident Response Procedure


Cybercrime Response is the actual police intervention in a cybercrime incident
where the acquisition of matters of evidentiary value is traceable within the computer’s
hardware, software, and its network.

Guidelines for Cybercrime Incident First Responder


a. When responding to a cybercrime incident, or to a scene of the crime where
computers (or electronic device, digital media, and other similar devices) are
present, it is imperative for the First Responder (FR) to be able to protect, seize,
and search the same and to be able to recognize potential evidence, using the
following questions as guidelines to determine its role in the commission of the
crime:
1. Is it a contraband or fruit of a crime?
2. Is it a tool used for the commission of the crime?
3. Is it only incidental to the crime, i.e being used to store evidence of the crime?

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4. Is it both instrumental to the crime and a storage device for evidence.


b. After identifying the theories as to the role of the computer in the commission of
the crime, the following questions essential to any further police intervention
should be considered by the first responder:
a. Is there probable cause to seize the hardware?
b. Is there probable cause to seize the software?
c. Is there probable cause to seize the data?
d. Where will the search and seizure be conducted?
c. Search of computers (or electronic device, digital media, and other similar
devices) and seizure of date therefrom require a warrant issued by the court.
d. Appropriate collection techniques shall be used to preserve the data sought to be
seized.
e. The evidence seized shall be subjected to forensic examination by trained
personnel. The result of the forensic examination, as well as the testimony of the
forensic expert, shall be made available during the trial.

Search and Seizure of Computer


Upon determination of how the computer was utilized in the commission of the
crime, and once the legal requirements have been complied with the following are the
guidelines for the conduct of search and seizure:
a. Secure the Scene
1. Officer’s safety is always paramount.
2. Preserve the area for potential fingerprints.
3. Immediately restrict access to the computer.
4. Isolate from phone lines.
b. Secure the computer as evidence
1. If the computer is “OFF”, do not turn it “ON”.
2. If the computer is “ON”, do not turn it “OFF”, nor touch its mouse or its
keyboard.
c. For stand-alone connection or single area connection computers (non-
networked)
1. Consult a computer specialist.
2. if a specialist is not available:
a. Photograph screen and disconnect all power sources and plugs including
those at the back of the computer;
b. Place evidence tape over each drive slot;
c. Photograph (or make a diagram) and label parts located at the back of the
computer including its connections;
d. Label all connectors and cable end to allow reassembly as needed
(Example: “Socket” marked “A” and the “cable End” also marked “A”);

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e. If transport is required, pack the components as “fragile cargo” prior to


transport;
f. Keep it away from magnets, radio transmitters, and from other hostile
environment;
g. Ensure that only a computer forensic expert conducts the search for any
evidence contained in the computer hardware; and
h. Ensure that the computer hard disk is duplicated by the forensic expert
and the original is kept by the evidence custodian for future court
presentation. Further search and analysis shall be undertaken using only
the imaged disk.
d. For Networked Computers (or business computers)
1. Consult a Computer Specialist for assistance.
2. Do not immediately pull the plug to prevent:
a. Severe damage to the system;
b. Disrupting the legitimate business; and
c. Possible liability of the officers.

Guidelines in the Treatment of Other Electronic Data Storage Devices


The FR should understand that other electronic devices may contain viable
evidence associated with the crime. The FR must ensure that, unless an emergency
exists, the device should not be accessed. Should it be necessary to access the device,
the FR should ensure that all actions associated with the manipulation of the device
should noted in order to document the chain of custody and ensure its admission as
evidence in court.

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