LAW Enforcement Operation

and Planning with

CRIME MAPPING

BY : COL ARNOLD T. LAO (RET) – MS CRIM, MPA

LAW ENFORCEMENT OPERATIONS
Law- is a set of rules that are created and are enforceable by social or
governmental institutions to regulate behavior. It has been variously
described as a science and as the art of justice. Ex. Criminal Law, Civil Law,
Constitutional Law..

Law Enforcement -Law enforcement is the activity of some members of

government who act in an organized manner to enforce the law by
:

discovering, deterring, rehabilitating, or punishing people who violate the

rules and norms governing that society.
The purpose of Law enforcement is to protect communities, hold
individuals accountable, and ensure justice.

Law Enforcers- The department of people who enforce laws, investigate

crimes, and make arrests. Ex . Policemen, NBI, BI, BIR, BOC, DENR,
COAST GUARD, LTO
POLICE OPERATIONS
 GENERAL PRINCIPLES

Regardless of the type of function to be performed and/or police operations

to be conducted, all PNP personnel must know by heart and shall comply
with and apply the following principles and procedures:

● RULE 1. FUNCTIONS OF A POLICE OFFICER

● 1.1 To Serve and Protect The responsibility of every police officer is to

serve the public and protect life and property. No police operation shall
be conducted in order to serve or protect the illegal activity of a particular
person, group or criminal syndicate.
1.2 To Observe Human Rights and Dignity of Person All PNP personnel shall
respect the human rights and dignity of the suspect/s during police operations.

RULE 2. POLICE UNIFORM, ATTIRE AND ACCESSORIES

2.1 Agency Prescribed Uniform A police officer shall always wear the agency
prescribed uniform which is appropriate for the kind of police operation to be
undertaken.

2.2 Appearing Before the Public When wearing the police uniform, a police
officer shall, at all times, appear presentable, smart and well-groomed. While
on actual patrol duties, he shall refrain from eating along the sidewalks,
smoking and reading newspapers.
2.3 Carrying of Police Notebook, Pen and Miranda Warning Card Every police
offi er on patrol, whether on board a vehicle or on foot patrol, must always
carry with him a police notebook, a pen and the Miranda Warning Card. The
notebook, which is approximately pocket-sized, will be used to inscribe
important events that transpire during his tour of duty

2.4 Carrying of Non-Lethal Weapon in the Police Rig Every police officer shall
carry in his prescribed rig a non-lethal weapon (pepper spray, baton or stun
gun), which shall be primarily used in a non-armed confrontation with an
uncooperative and unruly offender during the arrest.
RULE 3. CATEGORIES OF POLICE OPERATIONS

Police operations are categorized as follows:

3.1 Public Safety Operation – includes Search, Rescue and Retrieval

Operations, Fire Drills, Earthquake Drills and similar operations that
promote public safety.
RULE 3. CATEGORIES OF POLICE OPERATIONS

3.2 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 Logging Operations,
Anti-Illegal Fishing Operations, Anti-Carnapping Operations, Anti-Kidnapping
Operations, Anti-Cyber Crime Operations and similar operations that are
conducted to enforce laws, statutes, executive orders and ordinances.
ILLEGAL LOGGING
3.3 Internal Security Operation – includes Counter-Insurgency Operations,
Counter Terrorist Operations and similar operations that are conducted to
ensure internal security.
3.4 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.
3.5 Intelligence Operation – includes Surveillance Operation, Counter
Intelligence, Intelligence Research, Intelligence Assessment and similar police
intelligence operation conducted to gather information related to security, public
safety and order.
3.6 Investigation Operation – includes Investigation of Crime or Incident,
Administrative Investigation and similar investigative work necessary to
determine facts and circumstances for fi ling cases criminally or
administratively.
3.7 Scene of the Crime Operation (SOCO) – includes the processing of crime
scene, technical and forensic examination of evidences and similar scientifi c
investigative assistance.
OPERATIONAL PROCEDURE
Rule Nr 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 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 submitted to the operations section/division of the
concerned police unit for record purposes.

Inter-Unit Coordination
a. Personal Coordination or by Official Representative
b. Coordination by Filing Coordination Form
c. Coordination by Practical/Available Means of
Communication
 OPERATIONAL PROCEDURE
REQUIREMENTS OF POLICE OPERATIONS
Basic Requirements-
1. 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.

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.

3. Warning Shots Prohibited

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. 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 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 non- lethal 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 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.

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.

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.
 USED 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 other persons. The use of firearm 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.

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 a danger to the
public and outweighs the likely benefits of its non-use.

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 ;
b. The capability of the suspect/s to harm with certainty the police officer ; and
c. Accessibility or the proximity of the suspect/s from the police officer.
4. Filing of an Incident Report After the Use of Firearm- A police officer who fires
his service firearm or weapon during a confrontation with an offender or
offenders must submit an incident report outlining the circumstances
necessitating the use of his 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 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
Patrol Guidelines
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
establishemnt 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 firearm.
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.
 Spot Checks/ Accosting and Pat-Down Searches
Rule no. 4 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:
 -
Spot Checks/ Accosting and Pat-Down Searches
(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 Police Officer.
 Spot Checks/ Accosting and Pat-Down Searches
- Procedures and Guidelines
-
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;
 Spot Checks/ Accosting and Pat-Down Searches
- Procedures and Guidelines
(3) - time of the day and the location where the pat- down search took
The
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 firearm or
other deadly weapon; and
(7) Whenever possible, pat-down searches should be performed by
police officers
2.7 Use of Body Worn Camera
a. Chain of Custody over the Recordings in the Execution of Arrest and
Search:
The chain of custody over the recordings shall at all times be preserved
from improper access, review, and tampering. It shall cover the following
events:
1) Recording of the footage using the BWCs/ARDs;
2) Turnover of the BWCs/ARDs used by the arresting or searching team,
or of the data by the media representative to the DataCustodian to which
they belong;
3) Downloading of the data by the Data Custodian;
4) Redaction of personal identities by the Data Custodian or his/her
representative, whenever applicable;
5) Retrieval of recording data and their transfer to an external media
storage device by the Data Custodian;
6) Submission and delivery of the recordings contained in an
external media storage device to the court.
b. The BWC/ARD shall be used/activated during the conduct of arrest,
search and whenever practicable, in cases of warrantless arrests. The
rules on the use of BWC under A.M. No. 21-06-08-SC shall be observed.
c. The BWC/ARD shall not be used/activated in the following
circumstances:
1) In police facilities unless in an official capacity, or as part of aninvestigation
procedure;
2) Conduct of any personal activity (in any location where individuals have a
reasonable expectation of privacy, such as restrooms,
locker rooms, or break rooms). As a reminder, there is potential
criminal and civil liability if this restriction is violated;
3) Conduct of any personal activity in locations where individuals
have reasonable expectation of privacy such as in residences,
unless the recording is being made pursuant to a valid arrest or
search warrant of the individuals or locations;
4) During strip or body cavity searches when such is necessary as
provided in the warrant;
5) Conduct of tactical planning before the planned operation;
6) Intentionally activated to record conversations/communications?
between PNP personnel without their knowledge during routine,and other
non-law enforcement related activities;
7) Between confidential informants or undercover officers;
8) Privileged communications between the subject of recordings and other
individuals, such as attorneys, members of the clergy, peer support
councilors and medical professionals;
9) While on the grounds of any public, private or parochial elementary or
secondary school, hospitals, churches and other places of worship.
10) Other circumstances as may be provided by the trial court issuing
the warrant which is part of constitutional privilege.
 A checkpoint in the Philippines- refers to where police check
vehicular or pedestrian traffic to enforce circulation control measures and
other laws, orders, and regulations. As such, the establishment of the
checkpoint must be authorized by the head of the territorial PNP unit in
the area.
Checkpoints

Composition
1. Team Leader (TL)
2. Spotter
3. Spokesperson
4. Investigation Sub-Team
5. Search/Arresting Sub-Team
6. Security Sub-Team
7. Blocking/Pursuing Sub-Team
 Rule 25. CHECKPOINTS
SECTION 1. Authority to Establish Checkpoints
The establishment of checkpoints must always be authorized by the PNP and
manned by uniformed PNP personnel assigned in the area. Other units directly
involved in an operation may establish mobile checkpoints in coordination with the
Commander of the Unit/Station in the area.

SECTION 2. Composition
In the conduct of checkpoint proper, 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 solely 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.

SECTION 3. Guidelines
a. Mobile checkpoints are authorized only when established in conjunction
with ongoing police operations. Only officially marked vehicles shall be used in
establishing mobile checkpoints.
b. Checkpoints may be established 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 PNP unit commander.
d. 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.

e. 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.
f. 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.
g. 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.
h. 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.

i. 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.

j. Due courtesy must be accorded to the motorists, traders and the commuters during
the conduct of checkpoint.
k. The spokesperson must greet the people subject for inspection, ask apology
for the inconvenience, appeal for understanding and state the reasons of the
operation. Thank the person/s searched.

l. 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 passersby, commuters, or bystanders and be conducted in a manner
that is least inconvenient to the public. Searches, seizures, and arrest made
during checkpoints shall be within the ambit of the law.

m. 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 in reference to the Miranda Doctrine.
n. 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 stage of the operation.

o. Only the security sub-team and blocking/pursuing sub-team members are allowed
to display high-powered firearms and are positioned where they can best provide
security to the Checkpoint team including themselves.

p. Checkpoint personnel must not limit their task in 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 passersby.
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 mis encounter
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;
Procedure in the Conduct of Regular Police Checkpoint (cont)

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.
Procedure in the Conduct of Regular Police Checkpoint (cont)

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;
Procedure in the Conduct of Regular Police Checkpoint (cont)

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 fi re 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.
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;
Procedure in the Conduct of On-the Spot (Hasty) Checkpoints (Cont)

d. In a hasty checkpoint, where there is a possibility of high-risk 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.
 Police Defensive Roadblock

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.
 Rule 12. INTERNAL SECURITY OPERATIONS
The PNP in an Active Support Role
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 Positions
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 firearms and
ammunition rig/bandoliers with basic load.
c. Vigorously implement added security measures in all Police Stations and Police Community
Precincts.
d. Conduct sustained inspection of the operational readiness of PNP field units/stations.
e. Always keep in mind the modus operandi, strategies and tactics being practiced/employed by the
CTM and other threat groups.
12.3 Defensive Position

f. Enhance the establishment of Advance Security Control Points (ASCPs) to control the
ingress and egress of people in Police Stations.

One of the strategies and tactics employed by CTM and other threats groups 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.
(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.
Quizz
ARREST

1. General Guidelines
2. Warrant of Arrest
3. Arrests Without a Warrant
4. Authority of the Arresting Officer when Making an Arrest
5. Procedures
a. Serving of Warrant of Arrest
b. Effecting Warrantless Arrest
6. Duties of the Arresting Officer
7. Physical Examination of Arrested Person/Suspect
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 in 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;
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.
 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
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. The
SW shall particularly describe the place to be searched and the things to be seized.
2. Validity of Search Warrant
It 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.
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
4. Applications for Search Warrant
All applications for Search Warrant shall be approved for fi ling 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
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

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
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.
14.8 The 7 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.

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.

c. Seizure of evidence in plain view - Any object in the plain view is subject to
seizure and may be introduced as evidence. Requirements .

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.
 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
CHAPTER 3, RULE 15 OF THE POP
 CHAPTER 3
INVESTIGATION PROCEDURES

RULE 15. INVESTIGATION BY THE TERRITORIAL POLICE UNIT

AFTER AN ARMED CONFRONTATION

15.1 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.

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

Crime Scene
The concerned Police Unit shall immediately request the Scene
of the Crime Operation (SOCO) Team to conduct crime scene
processing.
15.3 Mandatory Examination of Firearm Seized/Confiscated during Police
Operation
a. 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 Identification System (IBIS);

b. The field investigator or investigator-on-case (IOC) shall submit the photo

of the fi rearm and the receipt issued by the local Crime Laboratory Office for the
said fi rearm/cartridges/slugs to the prosecutor or the court;
c. Should the prosecutor eventually require the physical submission of the
firearm, the investigator-on-case shall manifest with the prosecutor or court that a
subpoena be issued for the Crime Laboratory which issued the receipt to present
the said firearm; and
d. 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 fi
rearms/ shells/slugs to the local Crime Laboratory.

15.4 Inquest Proceeding 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.
RULE 16. 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.

In order to expedite court proceedings, the Supreme Court (SC) decided to do away
withold-school litigation by crafting the Judicial Affidavit Rule (A.M. 12-8-8- SC).
Effective January 1, 2013, all direct examinations should be in the form of a judicial
affidavit. The rule shal lapply to all actions, proceedings and incident srequiring the
reception of evidence before all
courts and quasi-judicial bodies.

16.1 Application of Rule to Criminal Actions

This rule shall apply to all criminal actions where the maximum imposable penalty
does not exceed six years.
16.2 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 or Filipino, and shall contain
the necessary data/information.
a. The name, age, residence or business address, and occupation of the witness;
b. 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;
c. 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;

d. Questions asked of the witness and his corresponding answers, consecutively

numbered, that:
e. The signature of the witness over his printed name; and

f. A jurat or a proof that an oath was taken before an administering officer or a notary
public.
JURAT SAMPLE
16.3 Sworn Attestation of the Lawyer

The judicial affidavit shall contain a sworn attestation at the end, executed by the
lawyer who conducted or supervised the examination of the witness, to the effect that:
a. He faithfully recorded or caused to be recorded the questions he asked and
the corresponding answers that the witness gave; and
b. Neither he nor any other person then present or assisting him coached the
witness regarding the latter’s answers.
RULE 17. MAINTENANCE OF POLICE BLOTTER

17.1 Police Blotter

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 signifi cant events reported in a police station.
RULE 17. MAINTENANCE OF POLICE BLOTTER

17.2 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 confl ict 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.
 Salient Issues in entering crime report
to the Police Blotter
Telephone Report
- Entry Number
- Date and Time (report is received)
- Title of the Report (CASE)
- Complete Identity of the reportee
- His contact Number (if any)
- Data of the victim (if reportee is not the victim)
- Data of the suspect (if known)
- Data of the witness (if there’s any)
- Facts of the report (5Ws and 1H)
- Disposition over the case (dispatched personnel to the crime scene/ inform SOCO)
- Sign the name of the person who entered the report in the police blotter

- Walk-in complaint
- Entry number - Evidence turned-in (be very particular)
- Date and time report is received - Signature of parties to the case
- Title of the case - Disposition over the case
- Complete data of the reportee (complainant or witness) for investigation
- Complete data of victim/complainant referred to Barangay Court
- His contact number sent to medical hospital
- Complete data of the suspect (if identified or his description) referred to DSWD (if minor)
- Complete data of the witness (contact number)
- Complete data of the arresting officer (contact number)
- DTPO
- Facts of the case
17.3 Crime Incident Reporting System (CIRAS)
Each PNP operating unit shall also maintain and utilize the PNP Crime
Incident Reporting Analysis System (CIRAS), 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 PNP to the National Headquartes.

17.4 Blotter Procedure

Before entry into the blotter book, the Duty Offi cer (DO) should fi rst
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 fi rst
accomplish the Incident Record Form (IRF) from which the entry in the blotter
book and IRS shall be extracted.
RULE 18. UNIT CRIME PERIODIC REPORT (UCPER)
18.1 Purpose
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.

18.2 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 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 fi les of each unit to ensure
consistency.
18.3 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.
RULE 19. BOOKING OF ARRESTED SUSPECTS

Booking of arrested suspects shall be undertaken to record and document the

information surrounding the arrest of the suspect.
19.1 Policies and Guidelines
The following policies and guidelines shall be adhered to by all PNP personnel
involved in the booking of arrested suspects:

a. General Policy
After arrest, a suspect is taken into police custody and “booked” or “processed”.
During booking, the following procedures shall be performed by designated
police officers.
INVESTIGATION PROCEDURES

1) Record the arrest made in the Police Blotter;

(2) Conduct pat down or strip search of the suspect;
(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 a 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 local 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:
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):
(a) 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);
(b) The AO shall ask the Desk Officer to record in the police blotter the circumstances of the
arrest as well as the identity of the suspects 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;
(c) 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 DO