LESSON 2.

OPERATIONAL PROCEDURES

RULE 4. 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 fi led 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 submitted to the operations section/division of the concerned
police unit for record purposes.

RULE 5. INTER-UNIT COORDINATION

5.1 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.
5.2 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 fi led with the concerned operation center
of the Police Regional, Provincial or City Office
5.3 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 office 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.

RULE 6. REQUIREMENTS OF POLICE OPERATIONS

6.1 Basic Requirements. Police operations like arrest, search and seizure, checkpoint,
roadblocks, demolition and civil disturbance management shall be conducted as follows:
a. With a marked police vehicle;
b. Led by a Police Commissioned Officer (PCO); and
c. With personnel in prescribed police uniform or attire.
6.2 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 to stop and/or peacefully give up.
6.3 Warning Shots Prohibited. The police shall not use warning shots during police
intervention operations.

RULE 7. USE OF FORCE DURING POLICE OPERATIONS

7.1 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.
7.2 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.
7.3 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.
7.4 Use of Non-Lethal Weapon. When suspect 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 such as baton/truncheon, pepper spray, stun gun and
other nonlethal weapon to bring the suspect under control, or effect an arrest.
7.5 Application of Necessary and Reasonable Force. During confrontation with an
armed offender, only such necessary and reasonable force should 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.
7.6 Factors to Consider in the Reasonableness of the Force Employed. 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 officer is given the sound discretion to consider these factors in employing
reasonable force.
7.7 Responsibility of the Police Officer in Charge of the Operation. The police
officer who is in charge of the operation shall, at all times, exercise control over all
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 armed
confrontation.

RULE 8. USE OF FIREARM DURING POLICE OPERATIONS

8.1 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 other persons. The
use of fi rearm is also justified under the doctrines of self-defense, defense of a relative,
and defense of a 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 self-defense to be considered as a
justifying circumstance.
8.2 Firing at Moving Vehicles Prohibited But with Exceptions. A moving vehicle
shall not be fi red 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 fi rearm does
not create a danger to the public and outweighs the likely benefits of its non-use.
8.3 Parameters to be Considered in Firing at Moving Vehicles In firing at a 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 the proximity of the suspect/s from the police officer and other
persons.
8.4 Filing of an Incident Report After the Use of Firearm. A police officer who fi res
his service fi rearm or weapon during a confrontation with an offender or offenders must
submit an incident report outlining the circumstances necessitating the use of his
firearm.
8.5 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 the situation still poses imminent danger;
d. Evacuate the wounded to the nearest hospital;
e. Ensure that all persons who died on the spot are not moved from their original
position;
 f. Arrested suspects should be kept in isolation;
g. Conduct debriefing on all involved PNP operatives;
h. Submit After-Operations Report; and
i. Ensure psychological stress counseling for all involved PNP operatives.

RULE 9. PATROL PROCEDURES

a. Observe precautionary measures and personal safety while on patrol;
b. Observe defensive driving and follow traffic rules and regulations;
c. Select routes which provide best visibility;
d. Patrol members must be always on the look-out for indications of vices and other
illegal activities on their beat;
e. Patrol members must be knowledgeable of all conditions, events and details of
places on their beat;
f. Be observant of people, places, situations or conditions and develop a suspicious
attitude especially if the subject appears to be slightly out of the ordinary;
g. Keep under close observation actions of juveniles, trouble makers/agitators and
the mentally ill/retarded persons;
h. Be familiar, as much as possible, with known criminals/ ex-convicts residing in or
frequenting the patrol beat;
i. Be familiar with stay-in employees of business establishments on your beat;
j. Be on the alert for loiterers;
k. Keep watch on uninhabited homes;
l. Observe the practice of “shaking doors” of unguarded business establishments
during night patrol. Check for signs of intrusion;
m. Establish good rapport with the people on your beat;
n. Develop contacts by getting to know as many people as possible who can give
factual information about crime conditions on the patrol beat;
o. Use tact and persuasiveness when conducting spot inquiry or questioning
individuals for information;
p. When requiring 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;
q. When checking suspicious persons, places, buildings/ establishments and
vehicles especially during nighttime, be prepared to use your service fi rearm.
Flashlight should be held tightly away from the body to avoid making you a
possible target; and
r. Patrol members should avoid loitering in theaters, restaurants and other
recreational places.
RULE 9.2 DUTIES OF PATROL SUPERVISORS
a. 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:
(1) Area Coverage: safe haven, ambush areas and crime-prone areas;
(2) Organizational Detail of Personnel;
(3) Duration;
(4) Stand-by points; and
(5) Route plan.
b. Designate and select the members of the patrol team/s;
c. Inspect the members of the patrol for completeness of uniforms, operational
readiness and all government issued equipment (fi rearms, mobile car, radio, etc.) to
ensure that these are well-maintained and properly used by the Patrol Officer;
d. 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;
e. Remind the patrol team about the strict observance of the PNP Operational
Procedures;
f. Strictly observe “Buddy System” during the patrol operations;
g. Render hourly report of location and situation through radio/telephone/cellphone to
Police Community Precinct (PCP)/Station Headquarters Tactical Operation Center
(TOC);
h. 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
i. Conduct debriefing after the patrol to assess its conduct and make necessary
corrective measures on defects noted.

9.3 DUTIES OF PATROL OFFICER

a. Attend the Roll Call Formation before his Tour of Duty for briefing and likewise attend
the after Tour of Duty formation for debriefing;
b. Patrol the assigned beats, observe and check suspicious people,
structures/buildings, compounds and vehicles;
c. Observe and monitor public gatherings, prevent disorders and disperse unlawful
assemblies;
d. Inspect and/or conduct surveillance in various business establishments and other
installations and remove hazards to public safety;
e. Check suspicious vehicles (private, public, or commercial/delivery vehicles) along the
main roads/ highways in the course of their patrol;
f. Report occurrences and conditions which relate to crime, public peace, order and
safety;
g. Prevent crimes and arrest sighted law violators, assuring the public that peace is
preserved;
h. Conduct regular visitations, dialogues/consultations with the residents and other
stakeholders;
i. Assist personnel of responsible agencies/unit in facilitating the flow of traffic at busy
intersections/roads within his Area of Responsibility (AOR), assist and provide
pedestrian information such as directions and street locations;
j. Enforce city/municipal ordinances on liquor establishments and night clubs, cabarets
and all houses of ill-repute;
k. Respond to calls, entertain complaints, initiate the investigation and protection of the
scene and minimize the after-effects of accidents, fi res and other catastrophes;
l. Patrol Officers shall wear the prescribed patrol uniform; and
m. Patrol Officers must have the equipment necessary in the performance of their duty.

9.4 GUIDELINES AND PROCEDURES WHEN RESPONDING TO CALLS FOR

POLICE ASSISTANCE
a. 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.
b. The manner of approach will be dependent on the nature of the call, either with
haste/secrecy or with/ without flashing lights and sirens.
c. Consider the pertinent factors like the time, traffic conditions, the possibility of greater
damage and the neighborhood characteristics.
d. Stop the patrol car some distance from the scene.
e. Approach the scene on foot, in complete silence and exercising extreme caution.
f. Immediately attend to the injured, unless the other members of the patrol are in
immediate danger.
g. Focus all efforts to arrest criminals; however, priority shall be given to aiding the
injured.
h. Determine the crime committed, identify and question briefly the victim/complainant
and possible witnesses at the scene.
i. 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.
j. 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 complete notes.
k. Never treat calls or complaints of loud noises caused by barking dogs, drunks,
appliances and parties as negligible or a nuisance. They only need courteous and
tactful intervention and not enforcement actions.
l. 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 Explosive Ordnance Disposal Team (EODT). On-lookers must be promptly
led to a safe distance away from the scene
m. When responding to calls from owners of beerhouses, bars or inns or any other
similar establishments during night time, request the owner to put the lights on first
before entering the establishments.
n. Do not attempt to arbitrate and resolve conflicts/ differences between neighbors,
landlords/tenants, husband and wife.

RULE 10. SPOT CHECKS/ACCOSTING AND PAT-DOWN SEARCHES

10.1 Grounds for Spot Check/Search
a. 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:
(1) The appearance or demeanor of the individual suggests that he is part of a
criminal enterprise or is engaged in a criminal act;
(2) The actions of the individual suggest that he is engaged in a criminal activity;
 (3) Questionable presence of the individual in the area;
(4) The subject is carrying a suspicious object;
(5) The suspect’s clothing bulges in a manner that suggests he is carrying a
weapon;
(6) The suspect has been found in the time and place proximate to an alleged crime;
(7) The police officer has knowledge of the suspect’s prior criminal record or
involvement in criminal activity; and
(8) The individual flees at the sight of a police officer.
b. Body Frisk/Pat-Down Search. A police officer has the right to perform a pat-down
search if the individual has been legitimately stopped with reasonable suspicion and
when the police officer has reason to believe that the individual possesses weapon/s on
his person and poses a threat to the police officer’s or another person’s safety.
Circumstances which may justify pat-down search:
(1) 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;
(2) Where the police officer handles several suspects;
(3) The time of the day and the location where the patdown search took place;
(4) Prior knowledge by the police officer of the suspect’s use of force and/or
propensity to carry deadly weapons;
(5) The appearance and demeanor of the suspect;
(6) Visual indications suggesting that the suspect is carrying a fi rearm or other
deadly weapon; and
(7) Whenever possible, pat-down searches should be performed by police officers of
the same gender.

10.2 PROCEDURES AND GUIDELINES

a. Spot Check/Accosting
1. 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.
2. Police officers shall be courteous at all times but maintain caution and remain vigilant
for suspicious movements like attempting to retrieve weapon, conceal or discard
contraband, or other similar actions.
3. 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.
4. Police officers shall confine 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 a police officer hold a person longer than the period
reasonably necessary to be able to make these limited inquiries and to resolve
suspicions.
5. 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.

b. Body Frisk/Pat-Down Search

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:
1. 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.
2. 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 a weapon, a more secure
search position may be used like the prone (lying face down) position.
3. 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 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.
4. If the suspect is carrying an object such as a handbag, suitcase, briefcase, sack, or
other similar items that may conceal a weapon, the police officer should not open the
item but instead put it in a place out of the suspect’s reach.
5. If the external patting of the suspect’s 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.
10.3 Reporting after the Spot Check/Accosting or Pat-Down Search
If after 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.
RULE 11. CHECKPOINTS
11.1 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.
11.2 Composition
In the conduct of checkpoint, the checkpoint team shall be composed of, but not limited
to, the following:
a. Team Leader (TL) - shall lead and take responsibility in the conduct of
checkpoint preferably an officer with the rank of at least Police Inspector;
b. Spotter - PNP personnel who will point/profile suspected vehicle subject for
checkpoint;
c. Spokesperson - TL or member who is in charge of communicating with the
motorists subject for checkpoint;
d. 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);
e. Search/Arresting Sub-Team - designated to conduct search, seizure and arrest,
if necessary;
f. Security Sub-Team - tasked to provide security in the checkpoint area; and
g. Blocking/Pursuing Sub-Team - team tasked to block/ pursue fleeing
suspects/vehicle.
11.3 Checkpoint Guidelines
a. 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.
b. Checkpoints are established to enforce circulation control measure, laws, orders
and regulations, and when there is a need to arrest a criminal or fugitive from
justice.
c. The composition of the personnel manning the checkpoint shall be left to the
sound discretion of the Team Leader (TL), with the consideration of female PNP
officer in the team especially when there is an anticipated female suspect.
d. The minimum Police Checkpoint team should 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.
e. The Team manning checkpoints must have immediate contact with the LGUs,
Public Attorney’s Office (PAO) or any member of the Philippine bar, and/or the
media (for drug cases).
f. The Team should encourage the participation of, but not limited to, the Local
Government Units (LGUs), Civil Society Groups, Non-Governmental
Organizations (NGOs), business organizations, other civic groups, media and
other stakeholders during the conduct of Police Checkpoint operations
g. 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.
h. 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.
i. 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. In no case shall the civilian components be allowed to bear
firearms during the checkpoint.
j. In Metro Manila and other major cities, police officers manning the checkpoints
should not wear Field Service Uniforms (FSU) or black fatigues in lieu of the PNP
General Office Attire unless the conduct of checkpoint is a result of a Hot Pursuit
Operation or a High Risk Checkpoint. The use of mixed uniforms (GOA, FSU,
black fatigue) in the conduct of checkpoint is strictly prohibited.
k. 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
and the participating organization/s visibly displayed in the checkpoint site, to
prevent any apprehension from the public of the existence of the same.
l. Due courtesy must be accorded to the motorists, traders and the commuters
during the conduct of checkpoint.
m. The spokesperson must greet the 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.
n. 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 be conducted in a manner
that is of least inconvenience to the public. Searches, seizures, and arrests made
during checkpoints shall be within the ambit of the law.
 o. 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.
p. 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.
q. Only the security sub-team and blocking/pursuing sub-team members are
allowed to display high-powered fi rearms should be positioned where they can
best provide security to the Checkpoint team, including themselves.
r. 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.
s. 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.
t. 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.
u. 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.
v. 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.

11.4 Procedure in the Conduct of Regular Police Checkpoint

a. 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
through an official representative, before commencing with the checkpoint to
avoid misencounter and any untoward incident;
b. The TL shall brief the PNP personnel, as well as the civilian components present,
including the media regarding the proper conduct of the checkpoint and their
assigned tasks prior to their deployment;
c. 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 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:
(1) Marked Patrol vehicles;
(2) Firearms with basic load of ammunition;
(3) Handheld and vehicle base radios;
(4) Flashlights;
(5) Megaphone;
(6) Video camera; and
(7) Signage:
(a) Warning signs: (e.g., Slowdown Checkpoint Ahead, Checkpoint 20 Meters
Ahead, etc); and
(b) Information signs: Name of the Unit and TL.
d. 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;
e. Search/ Arresting Sub-Team shall flag down suspected vehicles and conduct
search, seizure and arrest, if necessary;
f. 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 or 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;
g. Arrested persons and seized items shall be turned over to the investigation sub-
team for documentation and proper disposition;
h. 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;
i. Inform Higher Headquarters before terminating the conduct of Checkpoint;
j. The TL shall conduct debriefing of personnel after termination of the Checkpoint;
and
k. Unit Commander shall submit After-Activity Report to Higher Headquarters.

11.5 Procedure in the Conduct of On-the Spot (Hasty) Checkpoints

a. PNP personnel conducting mobile patrols on board patrol vehicles will initially
man the checkpoint, to be complemented by additional personnel upon arrival of
reinforcement. A collapsible signage with markings: “Stop, Police Checkpoint” if
available, indicating also the name of the concerned police office/unit conducting the
operations, will be used for the purpose;
b. In the case of 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 said personnel;
c. The team shall immediately inform Higher Headquarters of the exact location of
the hasty Checkpoint to include personnel involved and available equipment;
d. In a hasty checkpoint, where there is a possibility of highrisk stop and high-risk
arrest, and there is an urgency for troop deployment and that public safety might be
at risk, the participation of the civilian component and the presence of the media in
the checkpoint operation shall not be allowed;
e. 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
f. As soon as the Hasty Checkpoint is converted into a Regular Checkpoint, TL shall
follow the procedures under 11.4c of this Rule.

11.6 General Procedure to be Followed When Checkpoints are Ignored

When checkpoints are ignored, the following shall be observed:
a. In the event that checkpoints/roadblocks are ignored and the motorists/suspects
bump the roadblock in an attempt to elude arrest 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 motorist;
b. 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 operation; and
c. In the event that the occupants of the vehicle open fi re on the personnel manning
the checkpoint, reasonable force to overcome the suspects’ aggression may be
employed.

11.7 Procedure in Flagging Down or Accosting 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:
a. Call Headquarters to provide information on the make or type and plate number of
the motor vehicle to be accosted and, if possible, identity of occupants;
b. State the reason(s) for the planned intervention of the suspected motor vehicle;
c. Give the mobile car’s location and its direction before making actual intervention;
d. 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 suspects’ vehicle;
e. Determine whether the suspects are hostile or not;
f. Make known to the suspect that you are after them through the use of a siren or
megaphone;
g. Instruct the driver to pull over or stop on the side of the road;
h. Park behind the suspect’s vehicle at an appropriate distance and cautiously
approach the vehicle on the driver’s side;
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; in case of motorcycle instruct the driver to remove the key and disembark;
k. The other members of the team must be on guard for any eventuality while the
vehicle is being approached;
l. 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;
m. 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;
n. 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
o. Before moving out, inform Headquarters regarding the situation/status and
disposition of the person and motor vehicle accosted.
11.8 Dealing with Hostile Situation
The following are the procedures to be followed in dealing with hostile drivers: a.
Stopping Vehicles
(1) Follow the procedure stated in paragraphs a to c of Rule 11.7;
(2) Immediately request for back-up;
(3) Follow the suspect and always keep him within visual range;
(4) Expect that the suspect will notice your action at any time. Be prepared for hot
pursuit or actual hostile confrontation;
(5) If the back-up is already in the vicinity, inform Headquarters that you are
proceeding to accost the suspect;
(6) 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;
(7) Park at an appropriate distance behind the suspect’s vehicle;
(8) 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;
(9) If the vehicle’s windows 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;
(10) Direct the driver and other occupants of the vehicle not to make unnecessary
movements and to show their hands outside the car;
(11) 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
(12) If there are other suspects aside from the driver, separate them from one
another.
b. Fleeing Vehicles
(1)In the event that the motor vehicle did not stop despite the warning given, inform
Headquarters or adjacent units so that dragnet operations or police defensive
roadblocks can be set-up;
(2) 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;
(3) State the reason(s) for flagging down the suspected motor vehicle;
(4) Give mobile car’s location and its direction before making actual intervention;
(5) 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;
(6) 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 top of the
vehicle, or to move towards you with his hands up;
(7) 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;
(8) Arrest, handcuff and search the suspects and bring them to Headquarters for
proper disposition; and
(9) Before moving out, inform Headquarters about the situation, status and
disposition of the suspects and motor vehicle accosted.

11.9 High-Risk Stop and High-Risk Arrest

a. Initial Stage Upon receipt of information involving movement of armed person or
persons, either singly 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:
(1) Organize appropriate tactical security forces utilizing maximum fi repower and
armor assets;
(2) Deploy the security forces to stopping zones in defensive position; and
(3) Seal off the area and establish strong roadblocks/ barricades.
b. Effecting a High Risk Stop When effecting high-risk stop, the police officer
shall:
(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.
(4) Respect the rights of all the persons involved.
c. During Violent Stage
The PNP shall strictly adhere to the PNP Operational Procedures (POP), particularly
on the use of force (Rule 7).
11.10 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. (PNP Command Memorandum Circular
No. 25-13 “Establishment of Police Defensive Roadblocks”)
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 the 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 the 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.
b. Procedures in Establishing Roadblock:
(1) Before the Roadblock:
(a) Organize appropriate/sufficient police tactical security forces, utilizing
maximum firepower and armor assets (if any), with the following team
composition:
i. Team Leader (TL) - shall lead and take responsibility in the conduct of
roadblock preferably an officer with the rank of at least Police Inspector;
ii. Forward observer/spotter - PNP personnel who will point/profile
suspected vehicle subject for roadblock;
iii. Spokesperson - TL or member who is solely in charge of communicating
with the armed suspects onboard a motor vehicle subject for roadblock;
 iv. Sniper - to render the vehicle un-operational to avoid escape and provide
fi repower support to neutralize armed and hostile suspects during fi
refight;
v. Investigation Sub-team - in charge of investigation and documentation of
the roadblock;
vi. Search/Arresting Sub-Team - designated to conduct search, seizure and
arrest;
vii. Security Sub-Team - tasked to provide security in the roadblock area and
ensure exclusion of other vehicles and civilians not subject of roadblock;
viii. Blocking/Pursuing Sub-Team - tasked to block/pursue fleeing
suspects/vehicle;
ix. Medical Sub-Team – tasked to provide immediate medical assistance if
necessary;
x. Additional tactical personnel/team may be employed depending on the
size of the hostiles; and
xi. 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:
i. Inform the next higher Headquarters of the make or type and plate number of the
motor vehicle to be accosted, including the number and, if possible, identity of
the occupants;
ii. State the reason(s) for the planned intervention of the suspected motor vehicle;
iii. Give the exact location of the roadblock to include personnel involved, available
equipment and marked vehicles;
iv. Coordinate with the Chief of Police and friendly forces who has territorial
jurisdiction over the area; and
v. Immediately contact adjacent units to inform them of the situation so that these
units can conduct dragnet operation, while the members of the blocking/pursuing
team shall block or pursue the fleeing suspects/ vehicle.
(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 visibly
displayed and in a safe distance from a populated area to prevent collateral
damage if a fi refight ensues;
(g) Police car lights must be turned on at all times during the operation;
(h) Identify yourself-rank, name, unit verbally and make known to the suspect/s that
you are after them through the use of a siren 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 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: Exert utmost effort to
persuade the suspects to halt or stop their movement;
i. Start with the procedural conduct of regular warrantless arrest where arrest is
inevitable;
ii. Ensure proper documentation of the process; and
iii. Respect the rights of all the persons involved.
(m) Procedures when suspects open fi re/engage the troops:
i. In the event that the occupants of the vehicle open fi re on the personnel
manning the roadblock, reasonable force to overcome the suspects’ aggression
may be employed;
ii. Use only necessary force to neutralize suspects;
iii. Prevent panic firing;
 iv. Prevent collateral damage; and
v. Account for the casualties.

(3) After the Roadblock:

(a) When suspect/s surrendered or are arrested:
i. Arrested persons must be apprised of their rights in reference to the Miranda
Doctrine; and
ii. 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:
i. Account for the casualties and give immediate medical assistance to the
wounded;
ii. Protect/preserve the crime scene/ engagement area; and
iii. Ensure proper documentation of the process.
(c) Fleeing Vehicles:
i. 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;
ii. Fleeing vehicles shall not be fi red upon except by a sniper but only to disable
the vehicle;
iii. 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;
iv. State the reason(s) for flagging down the suspected motor vehicle;
v. Give mobile car’s location and its direction before making actual intervention;
and
vi. Establish Hot Pursuit Operation.

RULE 12. INTERNAL SECURITY OPERATIONS

12.1 General Mandate
The PNP is mandated to provide active support to the Armed Forces of the Philippines
(AFP) in Internal Security Operations (ISO) for the suppression of the Communist
Terrorist Movement (CTM) and other serious threats to national security.(Executive
Order No. 546 series of 2006 “Directing the Philippine National Police to Undertake
Active Support to the Armed Forces of the Philippines in Internal Security
Operations for the Suppression of Insurgency and Other Serious Threats to
National Security, Amending Certain Provisions of Executive Order No. 110
series of 1999 and for Other Purposes”)

12.2 The PNP in an Active Support Role

The PNP shall perform the following:
a. Conduct sustained law enforcement actions against CTM atrocities;
b. 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;
c. 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;
d. The PNP units in CTM-affected areas may be placed under Operational Control
(OPCON) of AFP units but shall continue to perform law enforcement functions.
e. 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).

12.3 Defensive Position

Police Stations, especially those located in far-flung areas, are priority targets of
attacks. As such, security measures against CT atrocities must be undertaken as
follows:
a. Continuously remind all PNP personnel to be extra vigilant and security conscious in
their day-to-day activities and during troop movements.
b. Duty station guards shall memorize, internalize and put into practice the 11 General
Orders of a Duty Guard. (Annex “Z”) Likewise, they shall always carry their issued long
fi rearms and ammunition rig/bandoliers with basic load.
c. Vigorously implement added security measures in all Police Stations and Police
Community Precincts.
(1) Exercise sustained vigilance and maintenance of law, order and public safety
in respective AOR through the intensified conduct of police visibility patrols.
 (2) 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.

RULE 13. ARREST

13.1 General Guidelines
a. All arrests 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.
b. 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.
c. As a general rule, arrests can be made on any day of the week and at any time of the
day or night.
d. Only judges are authorized to issue Warrants of Arrest.
e. 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.
f. The following are immune from arrest:
(1) 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
(2) Diplomatic Agents, Under the Vienna Convention on Diplomatic Relations.

13.2 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 an offense.
The head of the office to whom the warrant of arrest has been delivered for
implementation shall cause the warrant to be implemented within ten (10) days from
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.

13.3 Arrests Without a Warrant

A peace officer or a private person may, without a warrant, arrest a person:
a. When, in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense;
b. When an offense has just been committed and he has probable cause to believe,
based on personal knowledge of facts or circumstances, that the person to be arrested
has committed it;
c. When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or temporarily confined while
his case is pending, or has escaped while being transferred from one confinement area
to another;
d. Where the accused released on bail attempts to leave the country without court
permission;
e. Violation of conditional pardon, punishable under Article 159 of the Revised Penal
Code as a case of evasion of service of sentence; and
f. Arrest following a Deportation Proceeding by the Immigration Commissioner against
illegal and undesirable aliens.

13.4 Authority of the Arresting Officer when Making an Arrest

a. Police officer may summon assistance – A police officer making a lawful arrest
may verbally summon as many persons as he deems necessary to assist him in
effecting the arrest.
b. Right of a 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 is reasonably believed to be, if he is refused
admittance thereto after announcing his authority and purpose.
c. Right to break out from 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.
d. 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 anytime and in
any place within the Philippines.

13.5 Procedures a. 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;
(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 is 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 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 (Annex “B” - Return of Warrant
Form); and
(13) Deliver the arrested person to jail/prison upon the issuance of a commitment order
of the court.

b. Effecting Warrantless Arrest

(1) Freeze or restrain the suspect/s;
(2) Make 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.

13.6 Duties of the Arresting Officer

a. 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;
b. 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 possession at the
time of the arrest but after the arrest, if the person arrested so requires, the warrant
shall be shown to him as soon as possible;
c. 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 a policewoman
who is familiar with women and children protection desk duties to conduct the pat-down
search;
d. 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 the arrest except when he
flees or forcibly resists before the arresting officer has the opportunity to inform him or
when the giving of such information will imperil the arrest;
e. 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,
that he has the right to communicate with his lawyer or his immediate family and the
right to physical examination;
f. A person arrested without a warrant shall be immediately brought to the proper Police
Station for investigation without unnecessary delay. He shall be subjected to inquest
proceedings within the time prescribed in Article 125 of the Revised Penal Code (RPC);
g. No torture, force, violence, threat, intimidation, or any other means which vitiate the
free will shall be used against an arrested person. The bringing of arrested persons to
secret detention places, solitary confinement and the like is prohibited;
h. If the person arrested without a warrant waives his right under the provisions of Art
125 of the Revised Penal Code, the arresting officer shall ensure that the former signs a
waiver of detention in the presence of his counsel of choice; and
i. If the person arrested waives his right against self-incrimination and chooses to give
his statement, the arresting officer shall ensure that the waiver is made in writing and
signed by the person arrested in the presence of a counsel of his own choice or a
competent and independent counsel provided by the government.

13.7 Physical Examination of Arrested Person/Suspect

Before interrogation, the person arrested shall have the right to be informed of his right
to demand physical examination by an independent and competent doctor of his own
choice. If he cannot afford the services of a doctor of his own choice, he shall be
provided by the State with a competent and independent doctor to conduct physical
examination. If the person arrested is female, she shall be attended to preferably by a
female doctor.

RULE 14. SEARCH AND SEIZURE

14.1 Requisites for the Issuance of Search Warrant

A search warrant shall be issued only upon probable cause in connection with one
specific offense to be determined personally by the judge after examination under oath
or affirmation of the complainant and the witnesses presented. The search warrant shall
particularly describe the place to be searched and the things to be seized which may be
anywhere in the Philippines.
a. The following properties may be the objects of a search warrant: (1) Properties
which are the subject of the offense; (2) Stolen, embezzled 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 view doctrine.
14.2 Validity of Search Warrant
a. The warrant shall be valid for ten (10) days from date of issuance and may be
served at any day within the said period. Thereafter, it shall be void.
b. 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 of the
search warrant.
c. If the object or purpose of the search warrant cannot be accomplished within the
ten (10)-day validity period, the responsible police officer conducting the search
 must fi le, before the issuing court, an application for the extension of the validity
period of said search warrant.
14.3 Time of Search
The warrant should be served during daytime, unless there is a provision in the warrant
allowing service at any time of the day or night.
14.4 Applications for Search Warrant
All applications for Search Warrant shall be approved for filing by the Chief of Office.
The application shall indicate the following data:
a. Office applying for the Search Warrant; b. Name of officer-applicant; c. Name of the
subject, if known; d. Address/place(s) to be searched; e. Specific statement of
things/articles to be seized; and f. 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 the application. (Annexes “C”, “C-1” and “C-2”)
14.5 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
warrant or liberate himself or any person lawfully aiding him when unlawfully detained
therein.
14.6 Prohibited Acts in the Conduct of Search by Virtue of a Search Warrant
a. 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.
b. Lawful personal properties, papers, and other valuables not specifically indicated or
particularly described in the search warrant shall not be taken.
14.7 Inventory and Delivery of Property Seized
a. 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;
b. The receipt shall likewise include items seized under the Plain View Doctrine;
c. 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 (Annexes “D” and “D-1”); and
d. 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. (Annexes “E”
and “E-1”)
14.8 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 seizure 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
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 be
evidence of a crime, contraband, or is a valid subject of seizure.

d. When there is waiver of the right 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 close
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