LEA 4
Chapter 1: Police Operations
I. Police Operations
Categories of Police Operations
Police operations are categorized as follows:
1. Public Safety Operation includes Search, Rescue and Retrieval
Operations, Fire Drills, Earthquake Drills and similar operations that
promote public safety.
2. Law Enforcement Operation includes Service of Warrant of Arrest,
Implementation of Search Warrant, Enforcement of Visitorial Powers of
the Chief, Philippine National Police and Unit Commanders, Anti-Illegal
Drugs Operation, Anti-Illegal Gambling Operations, Anti-Illegal 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.
3. Internal Security Operation includes Counter-Insurgency Operations,
Counter Terrorist Operations and similar operations that are conducted
to ensure internal security.
4. Special Police Operation-includes Checkpoint Operation, Roadblock
Operation, Civil Disturbance Management Operation, Police Assistance
in the Enforcement of Demolition Eviction Injunction and Similar
Orders, Police Assistance in the Implementation of Final Court Order
and Order from Quasi-Judicial Bodies, Hostage Situation, Visit Board
Search and Seizure Onboard Marine Vessels and similar police
operations that are conducted by police units with specialized training
on the peculiarity of the mission or purpose.
5. Intelligence Operation – includes Surveillance Operation, Counter
Intelligence, Intelligence Research, Intelligence Assessment and similar
police intelligence operation conducted to gather information related to
security, public safety and order.
6. Investigation Operation includes Investigation of Crime or Incident,
Administrative Investigation and similar investigative work necessary
to determine facts and circumstances for filing cases criminally or
administratively.
7. Scene of the Crime Operation (SOCO) - includes
the processing of crime scene, technical and forensic examination of
evidences and similar scientific investigative assistance.
Operational Procedures
Pre-Operational Clearance
No police operation shall be conducted without the approval of the
Chief/Commander/Head of the concerned Police Unit/Office. A pre-
operational clearance shall be filed by the Team Leader of the operating
team/s prior to the conduct of the operation and shall be approved by the
concerned Police Unit Commander. This clearance shall be submitted to the
operations section/division of the concerned police unit for record purposes.
Inter-Unit Coordination
1. Personal Coordination or by Official Representative
Team Leader/s (TL) of local police units operating outside their territorial
jurisdiction and National Support Units (NSUs) shall coordinate, personally or
through rough an official representative, with the Police Regional, Provincial
or City Police Office within whose jurisdiction the operation is to be
conducted.
2. Coordination by Filing Coordination Form
Prior to the launching of the operation, except in cases where the formal (in
writing) inter-unit coordination cannot be made due to the nature and/or
urgency of the situation such as, but not limited to, cross-jurisdictional
pursuit operations, coordination should be made formally using the
prescribed Coordination Form, which shall be filed with the concerned
operation center of the Police Regional, Provincial or City Office (Annex "A" -
Coordination Form).
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.
Requirements of Police Operations
1. Basic Requirements
Police operations like arrest, search and seizure, checkpoint, roadblocks,
demolition and civil disturbance management shall be conducted as follows:
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. If the offender is
a foreigner, the verbal warning shall be done in the English language
followed by a demonstrative act of the police officer’s intent. The verbal
warning shall be done in a loud and clear manner.
3. Non-Issuance of Verbal Warning When Excusable
The failure to issue a verbal warning is excusable in cases where threat to life
or property is already imminent, and there is no other option but to use force
to subdue the offender.
4. Use of Non-Lethal Weapon
When 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.
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. The police
officer is given the sound discretion to consider these factors in employing
reasonable force.
7. Responsibility of the Police Officer in Charge of the Operation
The police officer who is in charge of the operation shall, at 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.
Use of Firearm During Police Operations
1. Use of Firearm When Justified
The use of firearm is justified if the offender poses imminent danger of
causing death or injury to the police officer or 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. Unlawful aggression should be present for self-
defense to be considered as a justifying circumstance.
2. Firing at Moving Vehicles Prohibited But with Exceptions
A moving vehicle shall not be fired upon except when its occupants pose
imminent danger of causing death or injury to the police officer or any other
person, and that the use of firearm does not create a danger to the public
and outweigh the likely benefits of its non-use.
3. Parameters to be Considered in Firing at Moving Vehicles
In firing at 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.
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
1. Ensure psychological stress counselling for all involved PNP operatives.
Patrol Procedures
Patrol Guidelines
1. Observe precautionary measures and personal safety while on patrol;
2. Observe defensive driving and follow traffic rules and regulations;
3. Select routes which provide best visibility;
4. Patrol members must be always on the look-out for indications of vices
and other illegal activities on their beat;
5. Patrol members must be knowledgeable of all conditions, events and
details of places on their beat;
6. Be observant of people, places, situations or conditions and develop a
suspicious attitude especially if the subject appears to be slightly out
of the ordinary;
7. Keep under close observation actions of juveniles, trouble
makers/agitators and the mentally ill/retarded persons;
8. Be familiar, as much as possible, with known criminals/ex-convicts
residing in or frequenting the patrol beat;
9. Be familiar with stay-in employees of business establishments on
your beat;
10. Be on the alert for loiterers;
11. Keep watch on uninhabited homes;
12. Observe the practice of "shaking doors" of unguarded business
establishments during night patrol. Check for signs of intrusion;
13. Establish good rapport with the people on your beat;
14. Develop contacts by getting to know as many people as possible
who can give factual information about crime conditions on the patrol
beat;
15. Use tact and persuasiveness when conducting spot inquiry or
questioning individuals for information;
16. 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;
17. When checking suspicious persons, places,
buildings/establishments and vehicles especially during night time, be
prepared to use your service firearm. Flashlight should be held tightly
away from the body to avoid making you a possible target; and
18. Patrol members should avoid loitering in theaters, restaurants and
other recreational places.
Duties of Patrol Supervisors
1. In any operation, careful planning is a must in order to avoid waste
of time, effort and resources. Make a patrol plan with the following
details:
a. Area Coverage: safe haven, ambush areas and crime-prone areas;
b. Organizational Detail of Personnel;
c. Duration;
d. Stand-by points; and
e. Route plan.
2. Designate and select the members of the patrol team/s;
3. Inspect the members of the patrol for completeness of uniforms,
operational readiness and all government-issued equipment (firearms,
mobile car, radio, etc.) to ensure that these are well-maintained and properly
used by the Patrol Officer;
4. Conduct briefing prior to dispatch by disseminating any orders, directives
or instructions from the Chief of Police or higher authorities and new policy
policy or guidelines being implemented by the PNP Organization;
5. Remind the patrol team about the strict observance of the PNP
Operational Procedures;
6. Strictly observe "Buddy System" during the patrol operations;
7. Render hourly report of location and situation through radio/telephone/cell
phone to Police Community Precinct (PCP)/Station Headquarters Tactical
Operation Center (TOC);
8. Render after-patrol report duly signed by detailed personnel. PCP
Commanders shall collate and submit significant details to the Station Patrol
Supervisor, who in turn, will submit the same to the Provincial/District Patrol
Supervisor; and
9. Conduct debriefing after the patrol to assess its conduct and make
necessary corrective measures on defects noted.
Duties of Patrol Officer
1. Attend the Roll Call Formation before his Tour of Duty for briefing and
likewise attend the after Tour of Duty formation for debriefing;
2. Patrol the assigned beats, observe and check suspicious people,
structures/buildings, compounds and vehicles;
3. Observe and monitor public gatherings, prevent disorders and disperse
unlawful assemblies;
4. Inspect and/or conduct surveillance in various business establishments
and other installations and remove hazards to public safety;
5. Check suspicious vehicles (private, public, or commercial/delivery
vehicles) along the main roads/highways in the course of their patrol;
6. Report occurrences and conditions which relate to crime, public peace,
order and safety;
7. Prevent crimes and arrest sighted law violators, assuring the public that
peace is preserved;
8. Conduct regular visitations, dialogues/consultations with the residents and
other stakeholders;
9. Assist personnel of responsible agencies/unit in facilitating the flow of
traffic at busy intersections/roads within his Area of Responsibility (AOR),
assist and provide pedestrian information such as directions and street
locations;
10. Enforce city/municipal ordinances on liquor establishments and night
clubs, cabarets and all houses of ill-repute;
11. Respond to calls, entertain complaints, initiate the investigation and
protection of the scene and minimize the after-effects of accidents, fires and
other catastrophes;
12. Patrol Officers shall wear the prescribed patrol uniform; and
13. Patrol Officers must have the equipment necessary in the performance of
their duty.
Guidelines and Procedures when Responding to Calls for Police Assistance
1. Gather and note down in the patrol officer's logbook all available data as
to the nature of the calls, date, time and name of the caller. It may be
regular, urgent or emergency in nature.
2. The manner of approach will be dependent on the nature of the call, either
with haste/secrecy or with/without flashing lights and sirens.
3. Consider the pertinent factors like the time, traffic conditions, the
possibility of greater damage and the neighborhood characteristics.
4. Stop the patrol car some distance from the scene. Approach the scene on
foot, in complete silence and exercising extreme caution.
5. Immediately attend to the injured, unless the other members of the patrol
are in immediate danger.
6. Focus all efforts to arrest criminals; however, priority shall be given to
aiding the injured.
7. Determine the crime committed, identify and question briefly the
victim/complainant and possible witnesses at the scene.
8. If the suspects or criminals have fled the scene before the arrival of the
patrol team, immediately relay the composition, armament, appearance, and
mode and direction of escape of the suspects to the Operations Center for
the conduct of dragnet operations.
9. When responding to street fights/brawls, the patrol member should call for
back-up before intervening. If there are no injuries and insufficient
corroborative statements obtained to identify who started the fight, disperse
the crowd and make complete notes.
10. 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.
11. When responding to calls for police assistance due to planted or found
explosives, never attempt to handle, move or lift the object. Instead contact
Operations Center and request for Explosive Ordnance Disposal Team
(EODT). On-lookers must be promptly led to a safe distance away from the
scene.
12. When responding to calls from owners of beer houses, bars or inns or any
other similar establishments during night time, request the owner to put the
lights on first before entering the establishments.
13. Do not attempt to arbitrate and resolve conflicts/differences between
neighbors, landlords/tenants, husband and wife.
Spot Checks/Accosting and Pat-Down Searches
Grounds for Spot Check/Search
1. Spot Check/Accosting. The police officer may stop an individual for the
purpose of conducting a spot check/accosting only when reasonable
suspicion exists. Reasonable suspicion must be more than just a hunch or
feeling. In justifying the stop, the police officer must be able to point to
specific facts that, when taken together with rational inferences, reasonably
warrant the stop. Such facts include, but are not limited to, the following:
a. The appearance or demeanor of the individual suggests that he is part of a
criminal enterprise or is engaged in a criminal act;
a. The actions of the individual suggest that he is engaged in a criminal
activity;
b. Questionable presence of the individual in the area;
c. The subject is carrying a suspicious object;
d. The suspect's clothing bulges in a manner that suggests he is carrying a
weapon;
e. The suspect has been found in the time and place proximate to an alleged
crime;
f. The police officer has knowledge of the suspect's prior criminal record or
involvement in criminal activity; and
g. The individual flees at the sight of a police officer.
2. 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:
a. The type of crime believed to be committed by the subject, particularly
crimes of violence where the threat of use or use of deadly weapon is
involved;
b. Where the police officer handles several suspects;
c. The time of the day and the location where the patdown search took place;
d. Prior knowledge by the police officer of the suspect's use of force and/or
propensity to carry deadly weapons;
e. The appearance and demeanor of the suspect;
f. Visual indications suggesting that the suspect is carrying a firearm or other
deadly weapon; and
g. Whenever possible, pat-down searches should be performed by police
officers of the same gender.
Procedures and Guidelines
1. Spot Check/Accosting
a. When approaching the individual, the police officer shall clearly identify
himself as a police officer. If not in uniform, the police officer must identify
himself by announcing his identity and displaying official identification card
and/or badge.
b. Police officers shall be courteous 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.
c. Before approaching more than one individual, police officers should
determine whether the circumstances warrant a request for back-up and
whether the spot check/accosting can and should be delayed until such back-
up arrives.
d. Police officers shall 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.
e. Police officers are not required to inform the person of his rights under the
law (i.e. Miranda Warning, Anti-torture law, etc.) unless the person is placed
under arrest.
2. Body Frisk/Pat-Down Search
When reasonable suspicion justifies a pat-down search, the search should be
performed with with due due caution, restraint, and sensitivity. Pat-down
searches should be conducted in the following manner:
a. Whenever possible, pat-down searches should be conducted by at least
two (2) police officers, one to perform the search while the other provides
protective cover.
b. Because pat-down searches are cursory in nature, they should be
performed with the suspect in a standing position, or with hands placed
against a stationary object, and feet spread apart. However, should an officer
visually observe a weapon, a more secure search position may be used like
the prone (lying face down) position.
c. In a pat-down search, officers are permitted only to feel the outer clothing
of the suspect. Police officers may not place their hands inside the pockets of
the subject's clothing unless they feel an object that could probably be a
weapon, such as a gun, knife, club, or the like.
d. If the suspect is carrying an object such as 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.
e. 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.
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.
Ede
Checkpoints
Authority to Establish Checkpoints
Checkpoint is a place where the police check vehicular/pedestrian traffic in
order to enforce circulation control measure and other laws, orders, and
regulations. The establishment of checkpoints must always be authorized by
the Head of Office of the territorial PNP Unit and manned by uniformed PNP
personnel. Other units directly involved in an operation may establish mobile
checkpoints in coordination with the Unit Commander in the area.
Composition
In the conduct of checkpoint, the checkpoint team shall be composed of, but
not limited to, the following:
1. Tearn Leader (TL) – shall lead and take responsibility in the conduct of
checkpoint preferably an officer with the rank of at least Police
Lieutenant;
2. Spotter PNP personnel who will point/profile suspected vehicle subject
for checkpoint;
3. Spokesperson TL or member who is in charge of communicating with
the motorists subject for checkpoint;
4. Investigation Sub-team in charge of investigation and documentation
of possible incidents in the checkpoint to include issuance of Traffic
Citation Ticket (TCT) or Traffic Violation Report (TVR);
5. Search/Arresting Sub-Team – designated to conduct search, seizure and
arrest, if necessary;
6. Security Sub-Team tasked to provide security in the checkpoint area;
and
7. Blocking/Pursuing Sub-Team – team tasked to block/pursue fleeing
suspects/vehicle.
Guidelines in the Conduct of Checkpoints
1. Mobile checkpoints are authorized only when established in
conjunction with ongoing police operations. Only officially marked
vehicles with blinkers turned on, if available, shall be used in
establishing mobile.checkpoints.
2. Checkpoints are established to enforce circulation control measure,
laws, orders and regulations, and when there is a need to arrest a
criminal or fugitive from justice.
3. The composition of the personnel manning the checkpoint shall be left
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.
4. 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.
5. 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).
6. 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.
7. The participation of the civilians and the presence of the media in the
conduct of checkpoint must be confined only as observers to give
police additional eyes and promote transparency of activities in the
area.
8. All civic groups or organizations to include the media, who are inclined
to participate in police checkpoints, must be duly registered and
accredited by the PNP for such purpose. The accreditation of the
civilian groups to join in the conduct of checkpoint shall be
administered by the Police Regional and Provincial Offices.
9. PNP personnel manning the checkpoint must have a presentable
appearance, wearing the prescribed PNP uniform. Likewise, the civilian
members must also be in
their organization's uniform with their names conspicuously displayed for
identification. In no case shall the civilian components be allowed to bear
firearms during the checkpoint.
10. In Metro Manila and other major cities, police officers manning the
checkpoints should not wear Field Service 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.
11. As much as possible, the area where the checkpoints shall be established
must be properly lighted, with a noticeable signage bearing the name of the
PNP unit and the participating organization/s visibly displayed in the
checkpoint site, to prevent any apprehension from the public of the
existence of the same.
12. Due courtesy must be accorded to the motorists, traders and the
commuters during the conduct of checkpoint.
13. The spokesperson must greet 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.
ding and
14. Except in the actual commission of crime during checkpoints or in a hot
pursuit operation, the conduct of inspection of vehicle during a routine
checkpoint is limited to a visual search and therefore must be done with due
respect to innocent passers-by, commuters, or bystanders and 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.
15. Violations/Infractions of the law discovered during the checkpoint
operation shall be expeditiously disposed of following legal procedures.
Arrested persons must be apprised of their rights with respect to the Miranda
Doctrine.
16. The security of the PNP personnel, and most especially that of the
civilians participating in the checkpoint operation, must be given due
consideration in the planning of the operation.
17. Only the security sub-team and blocking/pursuing sub team members are
allowed to display high-powered firearms should be positioned where they
can best provide security to the Checkpoint team, including themselves.
18. Checkpoint personnel must not limit their task to law enforcement and
crime deterrence. They should also be ready to provide police assistance in
the vicinity e.g., giving directions to inquiring motorists or passers-by.
19. The PNP operating units must provide their own logistical and financial
requirements to avoid soliciting support from the civilians for their personal
or operational needs.
20. Police personnel assigned in the checkpoint shall not mulct, extort, or
harass drivers, passengers, and traders. Designated TL assigned at the
checkpoint shall be responsible for the actuations and behavior of his
personnel and shall be accountable under the doctrine of Command
Responsibility.
21. Voluntary offers of cash or in kind from the traders/motorists passing the
checkpoint should be absolutely refused because the offer might be
misconstrued as a bribe.
22. The police and the civilian component must separately submit their After
Checkpoint Operation Report to their respective units or organization for
proper evaluation of the efficacy of the operation.
Procedure in the Conduct of Regular Police Checkpoint
1. Unit Commanders should inform Higher Headquarters (HHQs) Tactical
Operations Center (TOC) and coordinate with adjacent units, such as MPS,
CPS, NSUs, Public Safety Company Forces and other friendly forces,
personally or through an official representative, before commencing with the
checkpoint to avoid misencounter and any untoward incident;
2. The TL shall brief the PNP personnel, as well as the civilian components
present, including the media regarding the proper conduct of the
checkpoint and their assigned tasks prior to their deployment;
3. The TL shall initially account for the PNP personnel and check if they
are in the prescribed uniform. PNP personnel conducting the
checkpoint shall display their nameplates at all times. If wearing a
jacket, the flap of the jacket bearing their names should also be
displayed. Likewise, the equipment will include, but not limited to, the
following:
A. Marked Patrol vehicles;
b. Firearms with basic load of ammunition;
c. Handheld and vehicle base radios;
d. Flashlights;
e. Megaphone;
f. Video camera; and
g. Signage: Warning signs: (e.g., Slowdown Checkpoint Ahead,
Checkpoint 20 Meters Ahead, etc); and Information signs: (Name of
the Unit and TL).
4. The Spotter of the team will be pre-positioned in a place where he can
best point/profile suspected pected vehicles prior to their approach to
the checkpoint;
5. Search/Arresting Sub-Team shall flag down suspected vehicles and
conduct search, seizure and arrest, if necessary;
6. In the event of seized drugs, the team having initial custody and
control of the drugs shall immediately conduct physical inventory and
photograph the same in the presence of the accused 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;
7. Arrested persons and seized items shall be turned over to the
investigation sub-team for documentation and proper disposition;
8. In the event that the checkpoint is ignored, and the occupants of the
vehicle open fire on the personnel manning the checkpoint, reasonable
force to overcome the suspects’ aggression may be employed;
9. Inform Higher Headquarters before terminating the conduct of
Checkpoint;
10. The TL shall conduct debriefing of personnel after termination of
the Checkpoint; and
11. Unit Commander shall submit After-Activity Report to Higher
Headquarters.
Procedure in the Conduct of On-the Spot (Hasty) Checkpoints
1. PNP personnel conducting mobile patrols on board patrol
vehicles will initially man the checkpoint, to be complemented
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;
2. 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;
3. The team shall immediately inform Higher Headquarters of
the exact location of the hasty Checkpoint to include
personnel involved and available equipment;
4. In a hasty checkpoint, where there is 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;
5. The Unit Commander of the personnel manning the hasty
checkpoint shall immediately send additional personnel,
equipment and signage to the area in order to convert the
Hasty Checkpoint into a Regular Checkpoint; and
6. As soon as the Hasty Checkpoint is converted into a Regular
Checkpoint, TL shall follow the earlier stated procedures.
General Procedure to be Followed When Checkpoints are Ignored
When checkpoints are ignored, the following shall be observed:
1. In the event that checkpoints/roadblocks are ignored and 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;
1. 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
2. In the event that the occupants of the vehicle open fire on the
personnel manning the checkpoint, reasonable force to overcome the
suspects’ aggression may be employed.
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:
1. 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;
2. State the reason(s) for the planned intervention of the suspected
motor vehicle;
3. Give the mobile car’s location and its direction before making actual
Intervention;
4. Try to get alongside the suspects’ vehicle and check the occupants
without alarming them of your purpose. You can even overtake the
vehicle and wait for it at an advantageous location before stopping the
suspects’ vehicle;
5. Determine whether the suspects are hostile or not;
6. Make known to the suspect that you are after them through the use of
a siren or megaphone;
7. Instruct the driver to pull over or stop on the side of the road;
8. Park behind the suspect’s vehicle at an appropriate distance and
cautiously approach the vehicle on the driver’s side;
9. If the vehicle’s 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;
10. Instruct the driver to turn off the ignition, if this was not done
when the vehicle stopped; in case of motorcycle instruct the driver to
remove the key and disembark;
11. The other members of the team must be on guard for any
eventuality while the vehicle is being approached;
12. Talk to the driver in a most courteous manner and inform him of
the nature of his violation. Demand to see the driver’s license,
photocopies of the certificate of registration and the official receipt.
Examine these documents and counter-check the driver on the
information reflected therein;
13. If it concerns traffic violations, immediately issue a Traffic
Citation Ticket (TCT) or Traffic Violation Report (TVR). Never indulge in
prolonged, unnecessary conversation or argument with the driver or
any of the vehicle’s occupants;
14. In case of other violations that require the impounding of the
vehicle, inform the driver regarding this situation and instruct him to
follow you, after issuing the TCT/TVR; and
15. Before moving out, inform Headquarters regarding the
situation/status and disposition of the person and motor vehicle
accosted.
Dealing with Hostile Situation
The following are the procedures to be followed in dealing with hostile
drivers:
1. Stopping Vehicles
a. Follow the procedure stated in numbers 1-3 in the earlier
paragraph;
b. Immediately request for back-up;
c. Follow the suspect and always keep him within visual range;
d. Expect that the suspect will notice your action at any time. Be prepared
for hot pursuit or actual hostile confrontation;
e. If the back-up is already in the vicinity, inform Headquarters that you are
proceeding to accost the suspect;
f. Inform the suspects that you are after them through the use of siren or
megaphone and instruct the driver to pull over or stop on the side of the
street;
g. Park at an appropriate distance behind the suspect's vehicle;
h. While the vehicle is being approached, the other members of the crew and
back-up must be on guard for any eventuality, Overreactions or aggression
on the part of the police should be avoided;
i. If the vehicle's 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;
j.Direct the driver and other occupants of the vehicle not to make
unnecessary movements and to show their hands outside the car;
k. Instruct the driver to turn off the ignition and toss the key to the ground.
Demand to see the Driver's License and photocopies of the vehicle's
certificate of registration and the official receipt. Examine the documents and
counter-check the driver on the information reflected therein; and
l. If there are other suspects aside from the driver, separate them from one
another.
2. Fleeing Vehicles
a. 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;
b. Inform Headquarters of the make or type, plate number and color
of the motor vehicle to be accosted including the number of
occupants and, if possible, their identity;
C. State the reason(s) for flagging down the suspected motor vehicle;
d. Give mobile car's location and its direction before making actual
intervention;
e. When the vehicle of the suspect is cornered or stopped, instruct the driver
and other occupants in a clear and commanding voice to follow specifically
what you will require of them. Failure on their part to follow will be construed
as a hostile act on their part. Execute instructions on the use of reasonable
force;
f. Instruct the driver to turn off the ignition and toss the key to the ground,
open the door and step out of the vehicle, then instruct him to place his
hands on top of the vehicle, or to move towards you with his hands up;
g.Instruct other occupants of the vehicle, if any, to come out one by
one, and follow what the driver has been instructed to do earlier; g.
h. Arrest, handcuff and search the suspects and bring them to Headquarters
for proper disposition; and
i.Before moving out, inform Headquarters about the situation, status and
disposition of the suspects and motor vehicle accosted.
High-Risk Stop and High-Risk Arrest
1. 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:
a. Organize appropriate tactical security forces utilizing maximum
firepower and armor assets.
b. Deploy the security forces to stopping zones in defensive
position.
c. Seal off the area and establish strong roadblocks/barricades.
2. Effecting a High Risk Stop
When effecting high-risk stop, the police officer shall:
a. Exert utmost effort to persuade the suspects to halt or stop their
movement.
b. Start with the procedural conduct of regular warrantless arrest
where arrest is inevitable.
c. Ensure proper documentation of the process.
d. Respect the rights of all the persons involved.
3. During Violent Stage
The PNP shall strictly adhere to the PNP Operational Procedures (POP),
particularly on the use of force
Police Defensive Roadblock
Police Defensive Roadblock is a temporary installation or hastily built
barricade set for halting traffic to facilitate the apprehension/neutralization of
an armed person/suspect onboard @ motor vehicle.
a. Pre-Conditions in Establishing Police Defensive Roadblocks:
A police defensive roadblock may be established in any of the following
conditions/situations:
1. The object vehicle/s must be 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.
D. 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:
1. Team Leader (TL) – shall lead and take responsibility in the conduct of
roadblock preferably an officer with the rank of at least Police
Lieutenant;
2. Forward observer/spotter – PNP personnel who will point/profile
suspected vehicle subject for roadblock;
3. Spokesperson – TL or member who is solely in charge of
communicating with the armed suspects onboard a motor vehicle
subject for roadblock;
4. Sniper to render the vehicle un-operational to avoid escape and
provide firepower support to neutralize armed and hostile suspects
during firefight;
5. Investigation Sub-team in charge of investigation and documentation of
the roadblock;
6. Search/Arresting Sub-Team-designated to conduct search, seizure and
arrest;
7. Security Sub-Team tasked to provide security in the roadblock area and
ensure exclusion of other vehicles and civilians not subject of roadblock;
8. Blocking/Pursuing Sub-Team tasked to block/pursue fleeing
suspects/vehicle;
9. Medical Sub-Team tasked to provide immediate medical assistance if
necessary;
10. Additional tactical personnel/team may be employed depending on the
size of the hostiles; and
11. Videographer tasked to take videos of the entire roadblock operation.
a. The Team Leader (TL) shall brief the elements/members of the Police
Roadblock and perform the following:
1. Inform the next higher Headquarters of the make or type and plate
number of the motor vehicle to be accosted, including the number and, if
possible, identity of the occupants;
2. State the reason(s) for the planned intervention of the suspected motor
vehicle;
3. Give the exact location of the roadblock to include personnel involved,
available equipment and marked vehicles;
4. Coordinate with the Chief of Police and friendly forces who has territorial
jurisdiction over the area; and
5. 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.
b. Participating personnel in the roadblock must be in their prescribed
uniform; and
c. 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
firefight ensues;
g. Police car lights must be turned on at all times during the
operation;
h. Identify yourself-rank, name, and unit verbally and make known
to the suspect/s that you are after them through the use of 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:
1. Exert utmost effort to persuade the suspects to halt or stop their
movement;
2. Start with the procedural conduct of regular warrantless arrest where
arrest is inevitable;
3. Ensure proper documentation of the process; and
4. Respect the rights of all the persons involved.
m. Procedures when suspects open fire/engage the troops:
1. In the event that the occupants of the vehicle open fire on the
personnel manning the roadblock, reasonable force to overcome the
suspects’ aggression may be employed;
2. Use only necessary force to neutralize suspects;
3. Prevent panic firing;
4. Prevent collateral damage; and
5. Account for the casualties.
3. After the Roadblock:
a. When suspect/s surrendered or are arrested:
1. Arrested persons must be apprised of their rights in reference to the
Miranda Doctrine.
2. An After-Roadblock Operations Report must be submitted to their
respective units or organization for proper evaluation of the efficacy of
the operation.
b. When suspects engage with troops:
1. Account for the casualties and give immediate medical assistance to
the wounded;
2. Protect/preserve the crime scene/engagement area; and
3. Ensure proper documentation of the process.
c. Fleeing Vehicles:
1. In the event that the motor vehicle did not stop and it evaded the
roadblock despite the warning given, inform Headquarters or adjacent
units so that another roadblock can be set-up;
2. Fleeing vehicles shall not be fired upon except by a sniper but only to
disable the vehicle;
3. Inform Headquarters of the make or type, plate number and color of
the motor vehicle to be accosted including the number of occupants
and, if possible, their identity;
4. State the reason(s) for flagging down the suspected
motor vehicle;
5. Give mobile car's location and its direction before making actual
intervention; and
6. Establish Hot Pursuit Operation.
Internal Security Operations
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. (E.O. 546)
The PNP in an Active Support Role
The PNP shall perform the following:
1. Conduct sustained law enforcement actions against CTM atrocities;
2. In urban areas, the PNP may assume the lead role in ISO against the CTM,
other threat groups and organized crime groups engaged in armed
offensives;
3. The PNP units may either operate as a single force or as a part of joint
PNP-AFP combat operations. In both cases, lateral coordination is a must;
4. The PNP units in CTM-affected areas may be placed under Operational
Control (OPCON) of AFP units but shall continue to perform law enforcement
functions.
5. Specific areas where armed confrontations such as encounter, ambush,
raid, liquidation and other similar atrocities occur between government
forces (PNP or AFP) and the Communist Terrorists (CTs) shall be treated
as a crime scene. The police unit that has jurisdiction over the areas
shall conduct the Crime Scene Investigation (CSI).
Defensive Position
Police Stations, especially those located in far-flung areas, are priority targets
of attacks. As such, security measures against CT atrocities must be
undertaken as follows:
1. Continuously remind all PNP personnel to be extra vigilant and security
conscious in their day-to-day activities and during troop movements.
2. Duty station guards shall memorize, internalize and put into practice
the 11 General Orders of a Duty Guard. (Annex “Z”) Likewise, they
shall always carry their issued long firearms and ammunition
rig/bandoliers with basic load.
3. Vigorously implement added security measures in all Police Stations
and Police Community Precincts.
4. Conduct sustained inspection of the operational readiness of PNP field
units/stations.
5. Always keep in mind the modus operandi, strategies and tactics being
practiced/employed by the CTM and other threat groups.
6. Enhance the establishment of Advance Security Control Points (ASCPs)
to control the ingress and egress of people in Police Stations.
7. One of the strategies and tactics employed by CTM and other threats
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.
a. Exercise sustained vigilance and maintenance of law, order and
public safety in respective AOR through the intensified conduct of
police visibility patrols.
b. Carry out Police Community Relation (PCR)/Barangay
Peacekeeping Operations (BPO) activities in areas that are prone
to influence, infiltration and infestation of CTM fronts
organization.
Arrest
General Guidelines
1. All 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.
2. No violence or unnecessary force shall be used in making an arrest,
and the person to be arrested shall not be subjected to any greater
restraint than what is necessary under the circumstances.
3. As a general rule, arrests can be made on any day of the week and at
any time of the day or night.
4. Only judges are authorized to issue Warrants of Arrest.
5. A Warrant of Arrest is no longer needed if the accused is already under
detention. An Order of Commitment is issued by the judge in lieu of the
Warrant of Arrest.
6. The following are immune from arrest:
a. A Senator or Member of the House of the Representatives while
Congress is in session for an offense punishable by not more
than six years of imprisonment; and
b. Diplomatic Agents, Under the Vienna Convention on Diplomatic
Relations.
Warrant of Arrest
The warrant of arrest is the written authority of the arresting officer when
making an arrest or taking of a person into custody in order that he may be
bound to answer for the commission of 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.
Arrests Without a Warrant
A peace officer or a private person may, without a warrant, arrest a person:
1. When, in his presence, the person to be arrested has committed, is
actually committing, or is attempting to commit an offense;
2. When an offense has just been committed and he has probable cause
to believe, based on personal knowledge of facts or circumstances,
that the person to be arrested has committed it;
3. When the person to be arrested is a prisoner who has escaped from 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;
4. Where the accused released on bail attempts to leave the country
without court permission;
5. Violation of conditional pardon, punishable under Article 159 of the
Revised Penal Code as a case of evasion of service of sentence; and
6. Arrest following a Deportation Proceeding by the Immigration
Commissioner against illegal and undesirable aliens.
Authority of the Arresting Officer when Making an Arrest
1. Police officer may summon assistance A police officer making a lawful
arrest may verbally summon as many persons as he deems necessary
to assist him in effecting the arrest.
2. 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.
3. 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.
4. Arrest after escape or rescue - If a person lawfully arrested escapes or is
rescued, any person may immediately pursue to retake him without a
warrant at anytime and in any place within the Philippines.
Procedures
Serving of Warrant of Arrest
1. Verify the validity of the warrant and request for an authenticated copy
from the issuing court;
2. In serving the warrant, the police officer should introduce himself and
show proper identification;
3. Make a manifestation of authority against the person to be arrested;
4. If refused entry, the police officer may break into any residence, office,
building, and other structure where the person to be arrested rrested 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;
thin 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. der of
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.
Duties of the Arresting Officer
1. It shall be the duty of the police officer implementing the Warrant of Arrest
to deliver the arrested person without delay to the nearest Police Station or
jail to record the fact of the arrest;
2. At the time of the arrest, it shall be the duty of the arresting officer to
inform the person arrested of the cause of the arrest and the fact that a
warrant had been issued for his
Arrest. The arresting officer need not have the warrant in his 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;
3. When women or children are among the arrested suspect/s, the
arresting officer shall task the Women’s and Children’s Protection
Desks (WCPD) officer or a policewoman who is familiar with women
and children protection desk duties to conduct the pat-down search;
4. In case of arrest without a warrant, it shall be the duty of the arresting
officer to inform the person to be arrested of his authority and the
cause of 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;
5. The person arrested, with or without warrant, shall be informed of his
constitutional right to remain silent and that any statement he makes
could be used against him. Also, that he has the right to communicate
with his lawyer or his immediate family and the right to physical
examination;
6. A person arrested without a warrant shall be immediately brought to
the proper Police Station for investigation without unnecessary delay.
He shall be subjected to inquest proceedings within within the time
prescribed in Article 125 of the Revised Penal Code (RPC);
7. 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;
8. 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
9. 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.
Physical Examination of Arrested Person/Suspect
Before interrogation, the person arrested shall have the right to be informed
of his right to demand physical examination by an independent and
competent doctor of his own choice. If he cannot afford the services of a
doctor of his own choice, he shall be provided by the State with a competent
and independent doctor to conduct physical examination. If the person
arrested is female, she shall be attended to preferably by a female doctor.
Search and Seizure
Requisites for the Issuance of Search Warrant
A search warrant shall be issued only upon probable cause in connection with
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.
c. Objects that are illegal per se, even if not particularly described
in the search warrant, may be seized under the plain view
doctrine.
Validity of Search Warrant
1. The warrant shall be valid for ten (10) days ays from date of issuance
and may be served at any day within the said period. Thereafter, it
shall be void.
2. If, in the implementation of the search warrant, its object or purpose
cannot be accomplished in one day, the search can
be continued the following day, or days, until completed, provided it is still
within the ten (10)- day validity period of the search warrant.
3. 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 file, before the issuing court, an application for
the extension of the validity period of said search warrant.
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.
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:
1. Office applying for the Search Warrant;
2. Name of officer-applicant;
3. Name of the subject, if known;
4. Address/place(s) to be searched;
5. Specific statement of things/articles to be seized; and
6. Sketch of the place to be searched.
All approved applications shall be recorded in a log book, duly maintained for
the purpose, Indicating the name of the applicant, name of the respondent,
nature of the offense, and date of the application.
Authority of Police Officers when Conducting Search
In the conduct of search, if after giving notice of his purpose and authority,
the police officer is refused admittance to the place of search, he may break
open any outer or inner door or window or any part of of a house or anything
therein to to implement the warrant or liberate himself or any person lawfully
aiding him when unlawfully detained therein.
Prohibited Acts in the Conduct of Search by Virtue of a Search Warrant
1. Houses, rooms, or other premises shall not be searched except in the
presence of the lawful occupant thereof or any member of his family
or, in the absence of the latter, in the presence of two (2) witnesses of
sufficient age and discretion residing in the same locality.
2. Lawful personal properties, papers, and other valuables not specifically
indicated or particularly described in the search warrant shall not be
taken.
Inventory and Delivery of Property Seized
1. The police officer who confiscates property under the warrant shall
issue a detailed receipt of property seized to the lawful occupant of the
premises, or in the absence of such occupant, shall do so in the
presence of at least two (2) witnesses of sufficient age and discretion
residing in the same locality;
2. The receipt shall likewise include items seized under the Plain View
Doctrine;
3. The police officer must then leave a receipt in the place in which he
found the seized property and a duplicate copy thereof with any
barangay official having jurisdiction over the place searched; and
4. The police officer must forthwith deliver the property seized to the
judge who issued the warrant, together with an inventory thereof, duly
verified under oath.
Valid Search and Seizures Without Search Warrant
a. Search made incidental to a valid arrest
A person lawfully arrested may be searched for dangerous weapons or
anything which may be used or which may constitute proof in the
commission of an offense, without a search warrant. The warrantless search
and 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.
d. 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.
e. 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.
f. Tipped Information
If the police officers have reasonable grounds to believe that the subjects are
engaged in illegal activities, the tipped information Is sufficient to provide
probable cause to effect a warrantless search and seizure.
Investigation Procedures
Investigation by the Territorial Police Unit after an Armed Confrontation
Responsibility of the Territorial Police Unit
The Police Unit that has territorial jurisdiction over the area where the armed
confrontation occurred shall secure the scene and Immediately undertake
the necessary investigation.
Scene of the Crime Operation (SOCO) Team to Process the Crime Scene
The concerned Police Unit shall immediately request the Scene of the Crime
Operation (SOCO) Team to conduct crime scene processing.
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:
1. He faithfully recorded or caused to be recorded the questions he asked
and the corresponding answers that the witness gave; and
2. Neither he nor any other person then present or assisting him coached the
witness regarding the latter's answers.
Maintenance of Police Blotter
Police Blotter
Each PNP operating unit shall maintain an official police blotter where all
types of operational and undercover dispatches shall be recorded containing
the five "Ws" (who, what, where, when and why) and one "H" (how) of an
information.
A Police blotter is a logbook that contains the daily registry of all crime
incident reports, official summaries of arrest, and other significant events
reported in a police station.
Police Blotter for Cases involving Women and Children
A separate Police Blotter, however, shall be maintained for crime incident
reports involving violence against women and children and those cases
involving a child in conflict with the law to protect their privacy pursuant to
Republic Act (RA) 9262 (Anti-Violence Against Women and Children Act of
2004) and RA 9344 (Juvenile Justice and Welfare Act of 2006), respectively.
Crime Incident Reporting System (CIRS)
Each PNP operating unit shall also maintain and utilize the PNP Crime
Incident Reporting System (CIRS), an electronic reporting system that
facilitates crime documentation, modernizes data storage and provides quick
and reliable transmission of crime Information from lower units and NOSUs of
the PNP to the National Headquarters at Camp Crame, Quezon City.
Blotter Procedure
Before entry into the blotter book, the Duty Officer (DO) should first evaluate
if the report is a crime incident, arrest or event/activity, which is for records
purposes only. If the report is a crime incident, the DO shall first accomplish
the Incident Record Form (IRF) from which the entry in the blotter book and
IRS shall be extracted. All other reports shall be recorded directly to the
blotter book.
Unit Crime Periodic Report (UCPER)
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.
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 files of each unit to ensure consistency and
continuity.
Recording
a. Incident Reports
All crime incidents whether reported by the victims, witnesses or third
parties must be recorded in the police blotter, even under the following
circumstances.
1. When the offender is ill and is unlikely to recover or is too senile or too
mentally disturbed for proceedings to take place;
2. When the complainant or an essential witness is dead and the proceedings
cannot be pursued;
3. When the victim or an essential witness refuses, or is permanently unable
to stand as a witness; and
4. The victim or complainant or witness is a minor.
b. Reporting Jurisdiction
The police unit with the territorial jurisdiction where the crime was
committed shall have the primary responsibility to record and report the
same. If a continuing crime is committed in various areas of responsibilities,
it should be recorded and reported as a single crime by the unit taking
cognizance of the crime.
Booking of Arrested Suspects
Booking of arrested suspects shall be undertaken to record and document
the information surrounding the arrest of the suspect.
Policies and Guidelines
The following policies and guidelines shall 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.
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 (l.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;
7. Take custody of any personal property carried by the suspect (i.e. keys,
purse), to be returned upon the suspect’s release; and
8. Place the suspect in a police station lock-up/holding cell or local jail.
c. Specific Functions, Responsibilities and Procedures
The following are the functions, procedures and responsibilities of the
different personnel during the booking of arrested suspects:
(1)Arresting Officer (AO):
1. Upon arrest, the Arresting Officer (AO) shall immediately bring the
suspect/s to the police station and present the suspect/s to the Desk
Officer (DO);
2. The AO shall ask the Desk Officer to record in the police blotter the
circumstances of 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;
3. The AO and the DO shall thereafter conduct a more thorough pat-down
search of the suspects. Any deadly weapon or contraband found and
confiscated shall also be recorded in the blotter. When women or
children are among those arrested, the DO shall task the duty WCPD
officer to conduct the pat-down. A strip search may be conducted as
the situation demands but only with the authority of the Chief of Police
(COP) or the Officer on Duty. A strip search,
If conducted, will be so indicated in the blotter;
4. After the pat-down, the AO shall request the DO to prepare PNP
Booking Form-1
5. The AO shall receive the accomplished medical examination request
form and then shall be responsible for bringing/escorting the suspect/s
to the government hospital referred to in the request for the
examination of the suspect/s;
6. The AO shall receive the Medical Examination results from the
government physician and then he shall bring back the suspect/s to
the police station and turn-over the suspect/s and the results of the
medical examination to the Duty Investigator (DI); and
7. The AO will obtain PNP Booking Form 2 – “Arrest and Booking Sheet”
and refer it to the DI so that both of them will accomplish the form,
diligently providing all the information required in the form. The copy of
the Arrest and Booking Form shall form part of the Case folder and kept
at the Investigation Section at the police station.
(2)Desk Officer (DO):
1. Upon presentation by the AO of the arrested suspect/s to the DO, the
Desk Officer (DO) shall log and record the details of the arrest made
and assign a blotter entry number to the arrest. The entry shall include
the name of the arresting officer and information as to the identity of
the suspects and shall contain the five (5) “W”s and one (1) “H” (Who,
What, Where, When, Why and How) of an information as well as the
name of the government hospital where the suspect/s will be referred
for medical examination;
2. After recording in the police blotter, the DO together with the AO shall
conduct a redundancy pat-down search of the suspect/s. This
procedure is necessary to ensure that the suspect/s do not carry any
deadly weapons or contraband when they are referred to a
government hospital for medical examination. Any weapons or
contraband or any other items confiscated or taken in custody during
the pat down search shall likewise be recorded in the blotter. (If the
suspect is a woman or child, the Desk Officer shall call for the duty
WCPD officer who shall conduct the search); and
3. The Desk Officer shall then prepare or accomplish PNP
Booking Form (PNPBF)-1 “Request for Medical Examination of the Arrested
Suspect. The Desk Officer shall have the police station Officer on Duty (OD)
to sign the request form, but in the absence of the OD, the Desk Officer may
sign the request form himself.
(3)Duty Investigator (DI):
1. After medical examination, the Arresting Officer shall refer the
suspect/s and the case to the Duty Investigator (DI). The DI and the AO
shall accomplish the PNP Booking Form-2 “Arrest and Booking Form”
and ensure that a copy of the results of the medical examination are
attached to the booking form;
2. The DI shall obtain personal information from each suspect and
accomplish PNPBF-2 with the help of the AO. The PNPBD-2 booking
sheet should contain among others the personal circumstances of the
suspect/s. Likewise, the initial determination of the nature of the
offense is included in the booking sheet. The last part of the booking
sheet refers to the medical history or information known of the
suspect/s, this part should not be confused with the medical
certification issued by a doctor upon his arrest which shall be attached
to the PNP Booking Form-2A.
3. The DI shall conduct record check to determine if the arrested
suspect/s have previous or existing cases and/or standing warrant of
arrest; (d) The Duty Investigator shall not process suspects brought by
the Arresting Officers who have not undergone a medical examination
in a government hospital;
4. The DI shall ensure that Mug Shots or the photographic portrait of the
suspects are taken in four (4) different methods in accordance with the
procedures. The 4R mug shots shall be attached to or printed in the
PNP Booking Form-2B.
5. The Duty Investigator shall prepare a Turn-over Receipt Form (from
Investigator to the Jailer) known as PNP Booking Form-3. The Jailer of
the Station will now take responsibility of the suspect. If it is necessary
that the arrested persons be placed in the lockup cell, cell, a complete
body frisking of the suspect by pat-down type search for any concealed
weapon must be done. Strip search shall be conducted if necessary.
On body search of arrested male suspect, it is typically not required to same
sex pat down searches, but it is wise. When it comes to women and children,
the WCPD officer who is familiar with women and children protection duties
will conduct the search. Search is done to ensure that no prohibited object
will be brought inside the lock-up cell, particularly sharp objects that can be
used to hurt other prisoners and ropes that might be used for entangling;
6. All personal valuables of the suspect that are not allowed to be brought
inside the lock-up cell will be collected by the Investigator and shall be
turned-over to the police station Property Custodian. The Investigator shall
prepare PNP Booking Form 4.
7. The DI shall also be responsible for ensuring that the suspects' fingerprints
or ten prints are taken by the Fingerprint Technician, using both the ten-print
card and the PNPBF-2. Only a trained Fingerprint Technician shall be allowed
by the DI to take the ten prints of the suspects using the standard PNP Crime
Laboratory Form No 452-038 to ensure that this will be readable by the
Automated Fingerprint identification System (AFIS). The ten-print card is
considered as an integral part of the booking form and is known as PNP
Booking Form-2C;
8. The DI must always inform the Desk Officer of the status of the case and
the suspect so that updates will be entered in the police blotter;
8. The Investigator shall be responsible for preparing the necessary
documents such as: Affidavit-complaint; affidavit of witness; booking
and arrest report; photo copy of recovered evidence if any; and a letter
of case referral to the Prosecutor's Office that should be signed by the
Station Commander or police station Officer on Duty with the former's
unavailability.
Custodial Investigation
Duties of the Police During Custodial Investigation
1. The arresting officer, or the investigator, as the case may be, shall
ensure that a person arrested, detained or under custodial
investigation shall, at all times, be assisted by counsel, preferably of
his own choice;
2. The arresting officer, or the investigator, as the case may be, must
inform the person arrested, detained or under custodial investigation of
the following rights under the Miranda Doctrine in a language or dialect
known to and understood by him:
a. That he has the right to remain silent;
b. That if he waives his right to remain silent, anything he says can
be used in evidence against him in court;
c. That he has the right to counsel of his own choice;
d. That, if he cannot afford one, he shall be provided with an
independent and competent counsel; and
e. That he has the right to be informed of such rights.
3. If the person arrested, detained, or under custodial investigation has
opted to give a sworn statement, the arresting officer, or the
investigator, as the case may be, must reduce it in writing;
4. The arresting officer must ensure that, before the sworn statement is
signed, or thumb-marked if there is inability to read and to write, the
document shall be read and adequately explained to the person
arrested, detained or under custodial investigation by his counsel of
choice, or by the assisting counsel provided to him, in the language or
dialect known to him;
5. The arresting officer, or the investigator, as the case may be, must
ensure that any extrajudicial confession made by a person arrested,
detained or under custodial investigation shall be:
a. In writing;
b. Signed by such person in the presence of his counsel; or
c. In the latter’s absence, upon a valid waiver, and in the
Presence of any of the parents, elder brothers and sisters, his spouse, the
municipal mayor, the municipal judge, district school supervisor, priest,
imam or religious minister chosen by him. Failure of the arresting officer, or
the investigator, to observe the above mentioned procedures shall render
the extrajudicial confession inadmissible as evidence in any proceeding;
6. The arresting officer, or the investigator, as the case may be, must,
under established regulations, allow the person arrested, detained, or
under custodial investigation visits by or conferences with any member
of his immediate family, any medical doctor, priest, imam or religious
minister chosen by him or by any member of his immediate family or
by his counsel, or by any local Non-Governmental Organization (NGO)
duly accredited by the Commission on Human Rights (CHR) or by any
international NGO duly accredited by the Office of the President. His
“immediate family” shall include his spouse, parent or child, brother or
sister, grandparent or grandchild, uncle or aunt, nephew or niece,
guardian or ward, and fiancé or fiancée; and
7. After interrogation, the person under custodial investigation shall have
the right to be informed of his right to demand physical examination by
an independent and competent doctor of his own choice. If he cannot
afford the services of a doctor of his own choice, he shall be provided
by the State with a competent and independent doctor to conduct
physical examination. If the person arrested is female, she shall be
attended to preferably by a female doctor. The physical examination of
the person under custodial investigation shall be contained in a
medical report, which shall be attached to the custodial investigation
report.
Detention
The following are the policies and procedures in the admission, visitation,
transfer and release of detainees:
a. Admission
The following can be detained/admitted in the PNP Detention/Custodial
Center:
1. Any person arrested due to the commission of a crime/s;
2. Arrested suspects covered by a Commitment Order; and
3. Arrested suspects who are under custodial investigation. However, under
no circumstances should the arrested suspects under custodial investigation
be held in the detention center beyond the prescribed reglementary period,
unless, while in custody, appropriate charges have been filed an and a
Commitment Order has been issued by the court concerned or he signed the
required waiver of the rights under the provisions of Article 125 of the RPC.
b. Requirements for Admission
Prior to the admission of arrested suspect, the following mandatory
requirements shall be submitted to the Chief, Detention/Custodial Center:
1. Request for Custody of the arresting unit or the Commitment Order from
the Court;
2. Proof of medical examination or medical certificate of the detainee to be
provided by the arresting unit requesting for custody; and
3. Case folder of the detainee containing the accomplished booking sheet for
the arrested suspect and the Information filed with the Prosecutor's Office.
c. Segregation of Detainees
As much as practicable, detainees must be segregated according to gender
and to the classification of crimes committed.
d. Visitation
Any person arrested and detained at the PNP Detention/Custodial Center
shall be allowed visits by or conferences with any member of his immediate
family, or any medical doctor or priest or religious minister chosen by him or
by any member of his immediate family or by his counsel, or by any local
NGO duly accredited by the CHR or by any international NGO duly accredited
by the Office of the President, subject to the following conditions:
1. The Chief, Detention/Custodial Center or his duly authorized
representative is authorized to apportion the number of
visitors per detainee at any given time as the space of the visitor's area may
allow. With respect to detainee's family members, public and/or pertinent
document must be presented to prove their relationship with the detainee.
2. Visitors wearing the color of the detainee's uniform shall be advised to
wear other colors.
3. The Custodial Center, an informal and temporary penal facility for arrested
suspects, shall not allow conjugal visits for detention prisoners.
4. The counsel of the accused has the right to visit the latter subject to the
existing security rules and regulation of the Center.
5. No camera, video equipment, cellular phone and similar devices are
allowed inside the visiting area.
6. All visitors shall be frisked for deadly weapons, firearms and other
prohibited items.
e. Transfer of Custody
1. Upon receipt of the Commitment Order from the court, the Chief,
Detention/Custodial Center shall personally coordinate with the issuing court
to ascertain the validity of the order;
2. Upon confirmation, the Chief, Detention/Custodial Center must coordinate
with the receiving detention facility for the immediate transfer of custody;
and
3. Prior to the transfer of custody, the arrested person shall be subjected to
medical examination by a PNP medico-legal officer or any government
physician in the absence of PNP medico-legal officer. Medical examination is
mandatory before any transfer of custody of arrested person.
f. Release
1. The Chief of Office shall be the sole approving authority in releasing
detention prisoner.
2. Upon receipt of the Release Order from the court, the Chief,
Detention/Custodial Center shall personally coordinate with the issuing court
to ascertain the validity of the order.
3.Upon confirmation, the Chief, Detention/Custodial Center
must coordinate with the arresting unit if there are other legal impediments
to the release.
4. The Chief, Detention/Custodial Center shall likewise check the Directorate
for Investigation and Detective Management (DIDM)'s Arrest and Warrant
Registry to determine if the detainee to be released has other pending
warrants of arrest.
5. Granting that all documents are legally in order, the Chief,
Detention/Custodial Center shall prepare the memorandum addressed to the
Chief of Office for the approval of the release.
6. If there are valid grounds to sustain further detention, the Chief of Office in
coordination with the arresting unit, will prepare the appropriate
manifestation to the court containing therein the ground/s for objection.
7. Prior to the official release of the detainee, the Chief, Detention/Custodial
Center must bring the detainee to the Office of the PNP Health Service or
Rural Health Unit for medical examination, which shall form part of the
records/case folder of the subject detainee.
8. The Property or Evidence Custodian Officer shall be responsible for the
custody of all the properties seized from the detainee prior to his detention.
The former shall release the same to the detainee immediately upon his
discharge from detention.
Transporting Detention Prisoner
1. If transported by a patrol jeep, the subject must be seated on the right
rear seat and a PNP escort shall sit at the rear on the left side facing the
subject. Hands of the subject should be secured by handcuffs under his
knees.
2. If transported by a patrol car, subject must be seated on the right rear
seat and the PNP escort personnel shall sit on the left rear seat. Hands of the
subject should be secured by handcuffs under his knees.
3.In no case shall a Detention Prisoner be transported using public utility
land vehicles that are not exclusively utilized
for the purpose.
4. In no case shall a high-risk Detention Prisoner be transported without
proper escort and handcuffs.
5. Female detainees shall be transported in handcuffs, preferably aided by a
police woman.
6. In no case shall a Detention Prisoner be allowed out of the Detention Cell
without proper escort.
7. Transport and escort of Detention Prisoner shall be limited only from the
detention cell to the proper office for inquest, or court for hearing, or to the
nearest hospital/clinic in case of the mandatory medical examination prior to
detention or during actual medical emergency, or in court-permitted
transport.
8. In no case shall a Detention Prisoner be allowed travel and escort outside
the detention cell to places devoted for recreation, worship, entertainment,
meals and dining and others of similar and analogous description, unless
upon lawful orders of the court.
9. Detention Prisoners shall as much as possible be transported wearing
detention prisoner uniform or proper attire that may identify them as a
detention prisoner.
Inquest Procedures
Commencement of Inquest
The inquest proceedings shall commence upon the presentation of arrested
person and witness/es by the police officer before the inquest prosecutor.
The concerned police officer shall also submit the following documents:
1. Affidavit of Arrest;
2. Statement(s) of the complainant(s);
3. Affidavit(s) of the witness(es) if any;
and
4. Other supporting evidence gathered by law enforcement authorities in
the course of their investigation of the criminal incident involving the
arrested person.
Documents to Be Submitted
The investigator shall ensure that, as far as practicable, the following
documents shall be presented during the inquest proceedings:
a. Murder, Homicide and Parricide
1. Certified true/machine copy of the certificate of death of the victim; and
2. Necropsy Report and the certificate of Post-Mortem Examination, if readily
available.
b. Frustrated or Attempted Homicide, Murder, Parricide, and Physical Injuries
Cases
1. Medical Certificate of the complaining witness showing the nature or
extent of the injury;
2. Certification or statement as to the duration of the treatment or medical
attendance; and
3. Certificate or statement as to duration of incapacity for work.
c. Violations of the Dangerous Drugs Law
1. Chemistry Report or Certificate of Laboratory Examination duly signed by
the forensic chemist or other duly authorized officer;
2. Machine copy or photograph of the buy-bust money;
3. Inventory/list of property seized; and
4. Affidavit of Poseur-Buyer/Arresting Officer.
d. Theft and Robbery Cases, Violation of the Anti-Piracy Law, Anti-Highway
Robbery Law, and Violation of the Anti-Fencing Law
1. List/Inventory of the articles and items subject of the offense; and
2. Statement of their respective value.
e. Rape, Seduction, and Forcible Abduction with Rape Cases
1. Medico-Legal Report (Living Case Report), if the victim submitted herself
for medical or physical examination;
2. Statement of the victim/complainant;
g. Violation of the Anti-Carnapping Law
1. Machine copy of the certificate of motor vehicle registration;
2. Machine copy of the current official receipt of payment of the
registration fees of the subject motor vehicle; and
3. Other evidence of ownership.
h. Violation of the Anti-Cattle Rustling Law
1. Machine copy of the cattle certificate of registration; and
2. Picture of the cattle, if readily available.
i. Violation of Illegal Gambling Law
1. Gambling paraphernalia; and
2. Cash money, if any.
j. Illegal Possession of Firearms and Explosives
1. Chemistry Report duly signed by the forensic chemist; and Photograph
of the explosives, if readily available; and
2. Certification from the Firearms and Explosives Office, Civil Security
Group, PNP.
k. Violation of the Fisheries Law
1. Photograph of the confiscated fish, if readily available;
2. Certification of the Bureau of Fisheries and Aquatic Resources; and
3. Paraphernalia and equipment used in illegal fishing.
l. Violation of the Forestry Law
1. Scale sheets containing the volume and species of the forest products
confiscated, number of pieces and other important details such as
estimated value of the products confiscated;
2. Certification of the Department of Environment and Natural
Resources/Bureau of Forest Management; and
3. Seizure Receipt.
Waiver of Rights
The inquest shall proceed unless the arrested person opts for a preliminary
investigation by executing the required waiver of rights under Article 125 of
the RPC.
Monitoring of Cases by the Investigators
An investigator's job does not end upon the filing of the case with the
Prosecutor's Office. The investigator on case shall continuously monitor the
case up to its final resolution.
Conduct of Crime Scene Investigation
The Crime Scene Investigation (CSI) starts from the arrival of the PNP First
Responders (FRs) to the arrival of the Duty Investigator/IOC and the SOCO
Team until the lifting of the security cordon and release of the crime scene.
The following are the functions and responsibilities of the investigators
during the crime scene investigation, as well as the procedures to be
observed:
a. First Responder (FR)
1. The first Police Officers to arrive at the crime scene are the FRs who were
dispatched by the local police station/unit concerned after receipt of
incident/flash/alarm report;
2. Immediately, the FR shall conduct a preliminary evaluation of the crime
scene. This evaluation should include the scope of the incident, emergency
services required, scene safety concerns, administration of life-saving
measures, and establishment of security and control of the scene;
3. The FR is mandated to save and preserve life by giving the necessary first-
aid measures to the injured and their medical evacuation as necessary. The
FR shall likewise secure and preserve the crime scene by cordoning off the
area to prevent unauthorized entry of persons;
4. The FR shall take the dying declaration of severely injured person/s, if
any. Requisites of a "Dying Declaration" are:
a. That death is imminent and the declarant is conscious of that fact;
b. That the declaration refers to the cause and surrounding circumstances of
such death;
c. That the declaration relates to facts which the victim is competent to
testify to; and
d. That the declaration is offered in a case where in the declarant's death is
the subject of the inquiry.
5. The FR shall make the initial assessment on whether a crime has actually
been committed and shall conduct the preliminary interview of witnesses to
determine what and how the crime was committed;
6. If and when there is a suspect present in the area, the first responder shall
arrest, detain and remove the suspect from the area;
7. The FR, upon the arrival of the IOC, shall turnover the crime scene to the
duty investigator/IOC after the former has briefed the investigator of the
situation. The FR shall prepare and submit the CSI Form "1" First Responders
Report to the IOC and be prepared to assist the IOC in the investigation; and
8. The FR shall stay in the crime scene to assist the IOC in the maintenance
of security, crowd control, preservation of evidence, and custody of
witness/suspect until such time the investigation is completed and
temporarily turned over to the local Chief of Police (COP) for the continuance
of crime scene security.
b. Investigator-on-Case (IOC)/Duty Investigator
1. Upon arrival at the crime scene, the IOC shall request for a briefing from
the FR and make a quick assessment of the crime;
2. At this stage, the IOC shall assume full responsibility over the crime scene
and shall conduct a thorough assessment of the scene and inquiry into the
incident. If necessary the IOC may conduct crime scene search outside the
area where the incident happened, employing any of the various search
methods;
3. Based on the assessment, if the IOC determines that a SOCO team is
required, he shall report the matter to his COP and request for a SOCO,
otherwise, the IOC shall proceed with the CSI without the SOCO team and
shall utilize CSI Form "4";
4. The IOC may by himself if the situation so demands, conduct CSI if, there
is no Provincial Crime Laboratory Office/Regional Crime Laboratory Office in
the province. The IOC must, however, ensure that the correct procedures in
the collection of evidence are observed to ensure the admissibility of the
evidence;
5. The Police Station Operation Center, upon directive of the COP, shall make
the request for the SOCO team through the Provincial/City Operations
Center;
6. It shall be the responsibility of the Provincial/City Operations Center to
facilitate the request for the SOCO Team;
7. Upon the arrival of the SOCO Team, the IOC shall accomplish CSI Form "2"
and submit the same to the SOCO Team Leader. The SOCO team shall not
enter the crime scene unless the IOC makes the official written request
wherein he assures the SOCO team of his presence and support; and
8. The IOC shall brief the SOCO Team upon their arrival at the crime scene
and shall jointly conduct the preliminary crime scene survey.
C. SOCO Team
1. The SOCO Team shall not join any operations conducted by the local police
or accompany the FRs or the IOC in going to the crime scene. They will only
respond upon request through the Operations Center and after the IOC has
already made the proper assessment of the crime scene.
2. Upon receipt of the Request for Conduct of SOCO, the SOCO Team shall
then conduct the scene of the crime operations which include among others
the narrative description of the crime scene, photography, videography,
crime scene search, crime scene sketch, crime scene location sketch,
physical evidence recording and collection, and other procedures necessary.
4. In case the SOCO Team needs to temporarily suspend the processing,
the Chief of Police shall be primarily responsible and accountable for
securing the crime scene and ensuring its integrity until the return of
SOCO Team and the conclusion of the CSI.
5.
5. After the termination of the SOCO, the SOCO Team Leader shall brief
the IOC on the initial results and thereafter conduct the final crime
scene survey together with the IOC.
6. The SOCO Team shall accomplish the CSI Form “4” – SOCO Report
Forms and furnish the IOC of copies of the same before leaving the
crime scene.
Release of the Crime Scene
1. The IOC shall decide on the lifting of the security cordon and the
release of the crime scene upon consultation with the SOCO Team
Leader and he shall be responsible in ensuring that all pieces of
potential evidence have been collected by the SOCO Team as any re-
entry into the crime scene after its release to the owner will require a
Search Warrant issued by the Court;
2. The IOC shall accomplish the CSI Form “6” before the cordon shall be
lifted;
3. The IOC shall ensure that the appropriate inventory has been provided
by the SOCO Team and shall only lift the security cordon and release
the crime scene only after completion of the documentation process;
4. The IOC or the COP shall turn-over the crime scene to the owner of the
property or where the crime scene is a public place, to any local person
in authority using CSI Form “5”;
5. The IOC shall accomplish and submit the Investigator’s Report with all
the required attachments to the COP within two (2) working days from
the date of incidence; and
6. The CSI Report shall be the first entry in the Case Folder for the
investigation of the incident.
Crime Scene Investigation
Special SOCO Procedures
In cases where the evidence gathered needs special processing due to
significant or sensational cases, the specialists from the Crime Laboratory
shall be requested.
1. In bombing cases, the EOD personnel should first clear the area and
declare it “secured” prior to entry of the SOCO. The former, before
entering the crime scene must submit to the latter for swabbing. All
evidence collected must be pre-cleared by the EOD prior to
documentation.
2. In suspected or reported chemical, biological, radiological or nuclear
(CBRN) situations, the SOCO shall directly coordinate with the Special
Rescue Team of the Bureau of Fire and Protection before the conduct of
the crime scene investigation.
3. In mass victim situation, the Regional/District SOCO who has
jurisdiction over the area, in addition to their function, shall act as the
FR to the Interim Disaster Victim Identification Task Group (IDVI TG) of
the PNP Crime Laboratory. The IDVI TG shall immediately assess the
forensic specialists needed to be deployed at the crime scene and
relay the requirements to the PNP Crime Laboratory Headquarters.
4. The SOCO has motu proprio authority to direct all operating units
involved in the police operation to submit their respective personnel
for forensic examination; their service firearms for ballistic tests; and
other pieces of evidence involved to expedite the investigation of the
case.
Duties of the Territorial Police Unit
1. Provide assistance in the evacuation of the injured persons to the
nearest hospital;
2. Provide area security;
3. Control the crowd at the crime scene;
4. Direct the flow of traffic away from the crime scene so as not to
destroy and contaminate vital evidence; and
5. Provide security back-up to the SOCO.
Policy Guidelines on Processing of Persons Present at the Crime Scene
These policy guidelines prescribe the operational procedures in processing
and handling persons present at the crime scene; be they the suspects,
victims or witnesses. The aim is to clearly define police courses of actions in
dealing with persons who, for any reason and personal circumstance, are at
the crime scene during the conduct of police operation.
a. Crisis Management
As soon as the perpetrators surrender, or when they are captured or
neutralized, the On-Scene Commander shall ensure that the following are
accomplished:
1. Processing and Debriefing:
a. Hostages/Victims;
b. Perpetrators;
c. Witnesses; and
d. Key participants in the incident.
2. Documentation: Sworn Statement of the following:
a. Witnesses;
b. Hostages;
c. Perpetrators; and
d. Key participants in the incidents.
3. Venue of Processing, Debriefing and Documentation.
Considering the instability of the situation; the safety of the responders and
persons found at the scene of the crime; and the preservation of the place of
incident, the venue of the processing, debriefing and investigation shall be at
a neutral and secured place.
b. Hostage Negotiation
The following procedure shall be followed during a Hostage Situation:
1. Crisis Management Task Group shall be activated immediately;
2.Incident scene shall be secured and isolated;
3. Unauthorized persons shall not be allowed entry and exit to the
incident scene; and
4. Witnesses’ names, addresses, and other information shall be recorded.
Witnesses shall be directed to a safe location.
Procedures in the Investigation of Heinous and Sensational Crimes
The SITGS (Special Investigation Task Group) shall spearhead and coordinate
the investigative and prosecutorial efforts of the PNP to facilitate the speedy
resolution and successful prosecution of heinous/sensational cases to include
the conviction of the perpetrators.
Policies
1) The institutionalization of Command Responsibility at all levels of
the organization shall be highly observed. As such, the
respective Commanders/Supervisors in whose areas of
jurisdiction the heinous/sensational crimes transpired are
expected to personally and effectively manage their SITGS by
closely monitoring, supervising, directing, coordinating, and
controlling the overall activities of their subordinates. Hence,
SITGs shall be created as follows:
Composition and Organization of SITG:
1. Regional Level (To investigate killings and violence committed against
Senators, Congressmen, Governors, Cabinet Secretaries,
Undersecretaries, and SC and CA Justices):
a. SITG Supervisor – Regional Director
b. SITG Comdr – DRDO
c. Asst Comdr – DD/PD or CD, CPO
d. Spokesperson – Regional PIO
e. Members – RCIDU
Regional Intelligence Div
Regional Legal Office
Regional Crime Laboratory
COP, CPS/MPS/Station Comdr
RIDMD
Investigator-on-Case
2. PPO/District/CPO Level (Killings and violence committed against Vice
Governors, Provincial Board Members, Mayors, Vice Mayors, Judges,
Prosecutors & IBP lawyers, militants, media practitioners, foreign nationals)
a. SITG Supervisor Deputy Regional Director for Operations (DRDO)
b. SITG Comdr DD, PD/PF, PPO/CD, CPO
c. Asst Comdr - PO/Field Officer, CIDT
d. Spokesperson - PIO (District/PPO/CPO)
e. Members - Provincial/City Legal Service
Provincial/City Intelligence Section
Provincial Crime Lab
RIO
PIDMB/CIDMB
Investigator-on-Case
Chief of Police
2) Whenever a heinous or sensational crime transpires, SITG shall be
immediately organized and be headed by the concerned District
Director/Provincial Director/City Director or the Deputy Regional Director for
Operations depending on the gravity of the incident and/or upon
order/discretion of the CPNP.
3) It shall be the responsibility of every established SITG to properly manage
the assigned case and ensure its resolution by applying the best
investigative techniques/practices and utilizing all its available resources.
4) CIDG shall assume the responsibility of pursuing the investigation when
the case is not solved within six (6) months and already classified as a cold
case.
Organizational Procedures
1. Whenever a serious crime is committed, the concerned Chief of Police
(COP) or Station Commander shall immediately assess the situation
and communicate to the DD/PD/CD the attendant circumstances and
its updates which will be the basis of the DD/PD/CD for recommending
to the RD whether or not there is a need to activate the SITG.
2. Concerned COP or Station Commander shall base his/her assessment
and recommendation on the report of the first responders and his
assigned investigator on-case. The creation of a SITG is not necessary
for crimes that can be resolved at the said level. Otherwise, a
District/PPO/CPO level SITG shall be organized that will take cognizance
of the investigation of heinous and sensational cases initially
investigated by the City/ Municipal/District Police Stations.
3. The Regional Director (RD) shall issue orders organizing the
District/PPO/CPO SITG, indicating the ranks and names of its personnel
complement. It shall be headed by the territorial
Chief/Commander/Head of Unit such as the District Director/Provincial
Director/City Director:
a. The SITG shall be composed of Investigation Team, Case Record
Team, Technical/Legal Support Team, Admin/Logistics Teams and
Evidence Team;
a. The Case Record Team shall be headed by an Officer from
Investigation and Detective Management
Division/Branch/Section who shall be at the same time
the Case Record Officer and the Evidence and Record
Custodian, responsible for the preservation of evidence;
5. The Investigator-on-Case (IOC), who is part of the Investigation Team,
shall gather and prepare relevant documents for filing of appropriate
case(s) in Court and serve as liaison with other law enforcement
agencies/government agencies, NGOs/NGAS, and other persons or
entities which could possibly help the SITG in the resolution of the
case. The IOC shall also be the Evidence Custodian, except for pieces
of evidence which need to be submitted to Crime Laboratory, the
courts, and other technical agencies for technical Examination and
analysis; and
5. In cases where the designated Commander or members of the SITG
cannot effectively comply with the operational requirements, and/or has
"perceived biases" of any kind, the RD shall immediately reorganize the said
SITG and designate other officers who are more capable of accomplishing the
job.
6. Upon the creation of a SITG, a "Case Investigation Plan" must be made to
serve as operating guidelines in the conduct of investigation of heinous and
sensational cases. This will include the journal of the case which pertains to
the daily progress on what has been done and accomplished in the
investigation of the case, to include the minutes of case conferences and
coordination with other offices/units. This will also be the basis of funding the
SITGs activities.
7. The CPNP may direct/task any operational support unit of the PNP to assist
in the investigation. Likewise, he may also order the reorganization of the
SITG as he deems it necessary.
8. The SITG shall be deactivated upon the solution of the particular case
being investigated.
9. Every SITG shall have six (6) months to resolve a case from the time it
takes cognizance of the said case.
Operational Procedures
The following are the operational procedures to be undertaken by the SITG
pertaining to investigations of all heinous/sensational crimes:
1. Investigation starts from the arrival of the First Responder on the ground
who shall perform important tasks as earlier enumerated;
2. Aside from the usual investigative procedures, the SITG shall
immediately validate and confirm the affiliations of the victims, issue
press releases on a regular basis and establish an On-Scene Command
Post (OSCP) by putting up a tent or similar structures or deploying a
Mobile Investigation Van (if available) at/or near the crime scene. The
SITG Commander or his deputy who is also a member of the SITG
3. The OSCP shall be maintained for as long as necessary and shall only be
deactivated or transferred with the clearance and approval of the Regional
Director;
4. The OSCP shall be utilized by the SITG to conduct on-scene or on-the-
ground investigation. The tent or van of the OSCP shall be marked
appropriately as "PNP On-Scene Command Post" and shall also be posted
with the mobile Phone or contact numbers of the SITG Commander, Assistant
Commander and the Investigator-On-Case;
5. The Police Station which has jurisdiction over the area shall be utilized as
alternate OSCP of the SITG; Follow-up actions and efforts must be
undertaken to:
a. Give special focus to ascertaining/establishing motive;
b. Effectively conduct profiling of victims, suspects and witnesses;
c. Proficiently link/matrix analysis and exploit evidence information; and
d. Hold paramount the convenience of witnesses when extracting their
Statement or affidavit.
6. The SITG Commander supported by the Investigation Team, Technical
Teams, and Case Record Officer shall prepare the CIPLAN and take notice,
prepare, and observe the following:
a. The Investigation Management System which consists of evidence matrix,
resource spreadsheet, standard tactical plan, and major investigation plan;
b. The CIPLAN must be prepared and shall be in the following format (Six
Point Plan); Situation, Mission, Execution, Contingency, Administration and
Logistics, Command, and Communication (SMECAC);
c. Prepare the Crime Scene Matrix Template which is necessary in the
conduct of crime analysis. It can come in tandem with the evidence and
resource matrix of the investigation plan;
d. Surveillance must also be done to assess and make decisions on
competencies needed and allocation of resources;
7. Strengthen the coordinative mechanism in order to:
a. Strictly observe the chain of custody of evidence and
Flow of communications; and
b. Develop and resolve the issues under investigation
through case conference/s with DOJ and other concerned
agencies.
7. Initiate build-up and follow-up investigation;
8. Consolidate all the forensic results, testimonial documents and
investigation reports as well as the compliances of the members of
SITG;
9. Initiate the crime matrix analysis in coordination with all members of
SITG;
10. Initiate the preparation of the case folder with the assistance of
other members of SITG;
11. File or refer the case to the Department of Justice (DOJ);
12. Conduct case reviews (internal/external) to be done by senior
investigators or detectives. It can be seen as a form of risk
management that seeks to apply the principle of system audit to
reduce recurrence of typical errors. Case reviews shall be in the form
of:
a. Informal “Golden Hour” Review (at the early stage of the
investigation);
b. Self Inspection (Self-Completion of a short pro forma to provide
prompt actions and highlight emerging problems);
c. 28-Day Progress Review (assure quality and assist investigators
identify investigative opportunities to advance the inquiry);
d. Concluding Reviews (provide overview), Case Development
Reviews (Cold Case Review);
e. Detective Case Review (review of their sample solve cases and
learn best practices); and Thematic Review (focus upon specific
issue);
f. All case folders including pertinent documents must be kept by
the case record officers, with copies furnished to the evidence
custodian of the local police station;
g. In case the investigator-on-case is dismissed or retired or
separated from the service, all remaining members of the
investigation team shall be responsible for the court
Presentation of the case; and
h. Conduct case tracking until the final disposition of the case.
13. The extension of the SITG can be considered based on the
manifestation of the Regional Director to TDIDM (Attn: C, CMD) as a
result of his/her evaluation that the case could be resolved in a certain
period of time, but in no case shall this exceed a one (1) month period;
14. If the case has been solved, the SITG shall be deactivated
immediately. The SITG Commander shall inform TDIDM (Attn: C, CMD)
regarding its deactivation;
15. Once the warrant of arrest has been issued, the RIDMD concern
shall monitor the Unit Commander concerned to serve the warrant.
Further, the RIDMD shall monitor the Unit Commander handling the
case to ensure the attendance of prosecution witnesses when directed
by the Court or Prosecutor;
16. The RIDMD shall make a monthly progress report on all SITG
cases filed in Court or Prosecutor’s office to TDIDM (Attn: C, CMD);
17. If the SITG fails to resolve the case within six (6) months or after
the extension, the case will be considered a “cold case”. Hence, the
SITG shall be deactivated under obligation to ensure that all
documents, pieces of evidence and any other related materials are
accounted and secured;
18. All the records of cold cases and cleared cases including the
pieces of evidence gathered shall be officially turned over to the
Regional Criminal Investigation and Detection Unit (RCIDU), CIDG in the
respective PROs for the continuation of the investigation. Likewise,
chain of custody of evidence must be strictly observed;
19. CIDG must submit to TDIDM (Attn C, RAD), a modified CIPLAN or
new CIPLAN in the conduct of follow-up investigations on all cases that
were turned over to them. Progress report on all “cold cases” that were
turned over to CIDG shall be submitted to RIDMD (copy furnished CMD,
DIDM). The latter shall monitor and periodically evaluate the case
being investigated by CIDG and make appropriate assessment for
in order to:
a. Strictly observe the chain of custody of evidence and flow of
communications; and
b. Develop and resolve the issues under investigation through case
conference with DOJ and other concerned agencies.
21. Initiate case build-up and follow-up investigation;
22. All the case folders including pertinent documents must be kept by the
case record officers, with copies furnished the evidence custodian of the local
police station;
23. In case the investigator in-charge is dismissed or retired or separated
from the service, all remaining members of the investigation team shall be
responsible for the court presentation of the case;
24. Conduct case tracking until the final disposition of the case;
25. All concerned PNP units are enjoined to exert extra efforts in order to
identify, locate or cause the identification and arrest of the culprit(s):
a. They shall immediately organize a dedicated TRACKER TEAM to pursue a
particular target personality/suspect;
b. They shall enhance information gathering and intelligence build-up for the
identification and apprehension of the suspects;
c. They shall work in close coordination with the NBI, DOJ and all other law
enforcement agencies, as necessary. The SITG must therefore closely
coordinate with their respective local prosecutors and ensure that a
prosecutor is included as a member of the Technical/Legal Support team; and
d. They shall prepare posters of wanted personalities especially those
covered with rewards. Rogue galleries at the city and municipal levels shall
also be prepared for this purpose;
26. While the tasked units shall operate on existing logistical and financial
allocations, Regional Directors shall also provide logistical and financial
support to SITG.
Special Operational Procedures
Rules on Labor Disputes
General Policy and Guidelines
1. The involvement of PNP personnel during strikes, lockouts and labor
disputes in general shall be limited to the maintenance of peace and order,
enforcement of laws, and implementation of legal orders of the duly
constituted authorities.
2. The PNP shall only render assistance to labor disputes upon written
request addressed to the Regional Director/District Director concerned. In
case of actual violence, the police can respond without the written request.
3. Insofar as practicable, no PNP personnel shall be allowed to render police
assistance in connection with a strike or lockout if there is question or
complaint as regards his relationship by affinity or consanguinity to any
official/leader of the parties in the controversy or if he has financial or
pecuniary interest therein.
4. PNP personnel detailed as peace-keeping force in strike or lockout areas
shall be in prescribed uniform at all times.
5. They shall exercise maximum tolerance and when called for by the
situation or when all other peaceful and non-violent means have been
exhausted, police officers may employ such means as may be necessary and
reasonable to prevent or repel an aggression.
6. The matter of determining whether a strike, picket or lockout is legal or
not should be left to Department of Labor and Employment (DOLE) and its
appropriate agencies. PNP personnel should not interfere in a strike, picket or
lockout, except as herein provided.
7. No personal escort shall be provided to any of the parties to the
controversy unless upon written request from DOLE. Whenever escorts are to
be provided, the other party shall be informed accordingly. All escorts shall
be in prescribed uniform at all times.
7. During the pendency of a strike/lockout, the police personnel
concerned are prohibited from socializing with any of the
parties involved in the controversy.
9. Liaison shall be established and maintained with the representatives of
DOLE, management and the union in the strike/lockout area for the purpose
of maintaining peace and order, as well as to maintain a continuing peaceful
dialogue between the parties to the strike/lockout.
10. The peace-keeping detail shall not be stationed in the picket line (or
confrontation line) but should be stationed in such manner that their
presence may deter the commission of criminal acts or any untoward
incident from either side. The members of the peacekeeping detail shall stay
outside a 50-meter radius from the picket line. In cases wherein the 50-meter
radius includes a public thoroughfare, they may station themselves in such
public thoroughfare for the purpose of ensuring the free flow of traffic.
Applicable Legal Parameters
The pertinent provisions of the Public Assembly Act of 1985 (Batas Pambansa
Bilang 880), the Labor Code of the Philippines, as amended and other
applicable laws, shall be observed during ellies, strikes, demonstrations or
other public assemblies. Law enforcement agents shall, at all times:
1. Exercise maximum tolerance.
2. In case of unlawful aggression, only reasonable force may be employed to
prevent or repel it.
3. The employment of tear gas and water cannons shall be made under the
control and supervision of the Ground Commander.
4. No arrest of any leader, organizer, or participant shall be made during the
public assembly, unless he/she violates any pertinent law as evidence
warrants.
Service of Lawful Orders or Writ
The service of Department of Labor and Employment (DOLE), court, or other
lawful orders or writs is the primary concern of the DOLE representative,
sheriff, and representative of the government agency issuing the order,
respectively. The role of the PNP is only supportive. Only when specifically
stated and requested in the order or writ shall the PNP enforce such orders or
writs.
Prohibited Labor Activities
No personnel of the PNP shall:
1. Bring in, introduce or escort in any manner, any individual who seeks
to replace strikers in entering or leaving the premises or a strike area;
or
2. Work in replacement of the strikers.
Rallies and Demonstrations
Policies
1. The PNP adheres to the Code of Conduct for Law Enforcement Officials
adopted by the General Assembly of the United Nations which requires
law enforcement officials to respect and protect human dignity,
maintain and uphold the human rights of all persons, and limit the use
of force to situations where it is strictly necessary and to the extent
required for the performance of their duty.
2. Public assemblies held in freedom parks or on private property do not
need a permit for the activity. Public assembly with permit or one held
in a freedom park or private property shall not be dispersed as long as
it remains peaceful and no incidence of violence occurs.
3. The PNP shall provide police assistance only when requested by the
leaders or organizers for maintenance of peace and order or to ensure
the safety of those participating in the public assemblies held in
freedom parks or on private property.
4. A public assembly held in a public place must have a permit from the
mayor of the city or municipality exercising jurisdiction over the place
where it will be held.
5. A public assembly held with or without a permit may be
peacefully dispersed. A public assembly with a permit may be dispersed if
the same is being held in violation of the terms and conditions imposed in
the permit. In both cases, before conducting any dispersal operation, the PNP
shall notify the concerned organizers and leaders of the public assembly..
6. Lightning demonstrations or rallies in areas where public assembly is
prohibited shall be dispersed peacefully. However, should any of the
participants refuse to disperse voluntarily or violate any law or ordinance
during an unauthorized public assembly; they shall be taken into police
custody and be charged accordingly.
7. Ground Commanders are responsible in determining whether there is a
permit for the holding of the public assembly.
8. Close coordination with the mayor of the city or municipality, or his
representative, where the public assembly is being held should always be
maintained especially when a permit has not been issued but an application
has been filed prior to the holding of the public assembly.
9. Maximum tolerance shall be exercised in the conduct of dispersal
operations. Violators of the law shall be apprehended and brought to the
nearest Police Station for proper disposition.
Limitations on the Role of the PNP
The PNP shall not interfere with the holding of a public assembly. However, to
ensure public safety and to maintain peace and order during the assembly,
the police contingent under the command of a PCO preferably with the rank
of Police Senior Inspector may be detailed and stationed in a place at least
one hundred (100) meters away from the area of activity.
Guidelines for Civil Disturbance Management (CDM) Contingent During
Rallies/Demonstrations
1. CDM contingent shall be in prescribed uniform without firearm.
2. Tear gas, smoke grenades, water cannons, or any similar anti-riot
device shall be used only when the public assembly is attended by
actual violence or serious threats of violence, or deliberate destruction
of property.
Dispersal of Public Assembly with Permit
All public assembly with a permit shall not be dispersed. However, when an
assembly becomes violent, the police may disperse such public assembly in
the following manner:
1 At the first sign of impending violence, the Ground Commander of the PNP
contingent shall call the attention of the leaders of the public assembly and
ask the latter to prevent any possible disturbance;
3. If actual violence reaches a point where rocks or other harmful objects
from the participants are thrown at the police officers or at the non-
participants, or at any property, causing damage to it, the Ground
Commander of the PNP contingent shall audibly warn the participants
that if the disturbance persists, the public assembly will be dispersed;
4. If the violence or disturbance does not stop, the Ground Commander of
the PNP contingent shall audibly issue a warning to the participants of
the public assembly, and after allowing a reasonable period of time to
lapse, he shall immediately order it to disperse; and
5. No arrest of any leader, organizer or participant shall be made unless
he violates during the assembly a law, statute, or ordinance.
Dispersal of Public Assembly Without Permit
When the public assembly is held without a permit where a permit is
required, the said public assembly may be peacefully dispersed. However,
when the leaders or organizers of public assembly can show an application
for permit duly filed at the Office of the Mayor which has jurisdiction over the
place where the rally will be held, at least five (5) days prior to the intended
activity and the Mayor did not act on the same, the grant of the permit being
then presumed under the law, and it will be the burden of the authorities to
show that there has been a denial of the application, in which case, the rally
may be peacefully dispersed following the procedure of maximum tolerance
prescribed by law.
Prohibited Acts
It shall be prohibited for a police officer to commit the following acts during
peaceful assembly:
1. Obstructing, impeding, disrupting or otherwise denying the exercise of
the right to peaceful assembly;
2. The unnecessary firing of firearms to disperse the public assembly;
3. Acts in violation of the preceding paragraph.
4. Acts described hereunder if committed within one hundred (100)
meters from the area of activity of the public assembly:
a. The carrying of a deadly or offensive weapon or device such as
firearm, pillbox, bomb, and the like;
b. The carrying of a bladed weapon;
c. The malicious burning of any object in the streets or
thoroughfares;
d. The carrying of firearms by CDM contingents;
e. The interfering with or intentionally disturbing the holding of a
public assembly by the use of a motor vehicle, its horns and loud
sound systems;
f. The drinking of liquor or alcoholic beverages; and
g. Gambling of any kind.
Police Responses During Public Assembly
The following are the police responses during the planning stage, initial and
peaceful stage, confrontational stage, violent stage and post operation
stage:
a. During Planning Stage
1. Initiate dialogue with the leaders/organizers to ensure the
peaceful holding of a public assembly, including among others, the detail of
police escorts.
2. Prepare appropriate security and CDM contingency plans.
b. During Initial and Peaceful Stage
1. With Permit or Held in Freedom Parks/ Private Properties
a. The PNP shall not interfere with the holding of a public assembly. However,
to adequately ensure public safety, a CDM contingent, under the control and
supervision of a PCO shall be stationed at least one hundred (100) meters
away from the area where the public assembly is being held.
b. Monitor the activities at the public assembly area and respond to any
request for police assistance.
2. Without Permit or Permit has been revoked
a. As soon as it becomes apparent that an assembly is being held in a public
place, the Ground Commander shall immediately conduct an inquiry whether
the assembly is covered with a permit or not. If a permit could not be shown,
verification should immediately be done with the Office of the Mayor having
jurisdiction over the place where the public assembly is being held. Should
the Office of the Mayor confirm that a permit has not been issued, the
leaders/organizers shall be Informed of the fact that they are violating the
law and will be asked to disperse peacefully.
b. The PNP shall exhaust all peaceful remedies to persuade the
demonstrators to disperse. This may include the involvement of Local Chief
Executives / community leaders when available to intervene in the situation
so that dispersal operations could be avoided.
c. Should negotiation fail and the demonstrators refuse to disperse
voluntarily and peacefully, thereby causing public inconvenience, CDM
contingents may commence dispersal operations.
c. During Breach of Peace/Confrontational Stage (With or without permit)
No public assembly with a permit shall be dispersed. However, when a public
assembly becomes violent, the CDM contingents maydisperse such public
assembly in the following manner;
1. At the first sign of impending violence, the Ground Commander shall call
the attention of the leaders/organizers of the public assembly and ask the
latter to prevent any possible disturbance. CDM contingents shall hold the
line to prevent demonstrators 'from proceeding to other areas where the
holding of a public assembly is prohibited.
2. If actual violence reaches a point where rocks or other harmful objects
from the participants are thrown at the CDM contingents or the
nonparticipants, or at any property causing damage to it, the Ground
Commander shall audibly warn the participants that if the disturbance
persists, the public assembly will be dispersed;
3. If the violence or disturbance does not stop, the Ground Commander shall
audibly issue a warning to the participants of the public assembly, and after
allowing a reasonable period of time to lapse, shall immediately order it to
disperse. With the use of CDM formations, the rank of demonstrators shall be
disbanded, contained, and isolated from each other, and should be
prevented from regrouping.
4. Water cannons and riot sticks maybe used to repel aggression and to
disperse demonstrators and reserve CDM contingents may be employed
when situation requires.
5. No arrest of any leader, organizer or participant shall be made unless he
violates a law, statute, or ordinance during the assembly.
d. During Violent Stage
1. Non-lethal weapons and equipment may be used to suppress violence, to
protect lives and prevent further damage to properties.
2. PNP security elements shall be tactically deployed to provide Immediate
assistance to the CDM contingents.
e. Post-Operation Stage:
1. CDM contingents shall be withdrawn after the area has been cleared of
possible danger to public safety.
2. Sufficient police force shall be maintained to ensure peace and order in
the area.
Guidelines in the Use of Non-Lethal Weapons
a. Shield and Truncheon
During the confrontational stage, truncheon or baton may be utilized only to
push back demonstrators and not as an Instrument to strike individuals.
However, when demonstrators become aggressive, truncheon shall be the
principal non-lethal weapon for dispersal. In such situation, CDM contingents
shall nonetheless, use the same with caution and due diligence to avoid
unnecessary injury.
b. Water Cannons
Water cannons may be utilized when demonstrators become unruly and
aggressive forcing troops to fall back to their secondary positions.
B. Tear Gas
Tear gas and pepper spray may be utilized to break up formations or
groupings of demonstrations who continue to be aggressive and who refuse
to disperse despite earlier efforts.
Guidelines in dealing with Assemblies, Rallies, Demonstrations and Marches
1) To ensure the protection, safety and welfare of the public
and demonstrators as well, the following must be
observed:
a. Confined Assemblies in Private Property (Churches, Schools, etc.)
1. Initiate the conduct of dialogue with the leaders/organizers.
2. Secure and maintain order within the perimeter.
b. Confined Assemblies in Freedom Parks
1. Initiate the conduct of dialogue with the leaders/organizers.
2. Request for the permit from the leaders/organizers if the local
ordinance of the area requires one.
3. Secure and contain the area within the limits of the permit to ensure
the orderly and peaceful conduct of the assembly.
c. Mobile Assemblies in a Private Area
1. Initiate the conduct of dialogue with the leaders/organizers.
2. Secure and maintain order within the perimeter.
d. Marches and Motorcades along Public Thoroughfares
1. Initiate the conduct of dialogue with the leaders/organizers.
2. Request for the permit from the leaders/organizers if the local
ordinance of the area requires one.
3. Ensure the orderly and peaceful conduct of the marches and
motorcades to ensure public safety and to prevent compromise of
public convenience.
2) There shall always be a designated Ground Commander
at the rally site;
3) Apply slow dispersal technique whenever it is applicable.
Take the ground inch by inch. Ground Commander shall
refrain from using water cannon and tear gas as much as
possible; and
4) If necessary, provide a medical team to extend
assistance;
5) All CDM operations shall be properly documented with
video and photo coverage;
6) Respect for human rights and equal treatment and
protection for everybody shall be strictly observed; and
7) PNP personnel shail observe maximum tolerance.
Civil Disturbance Management Operations
General Guidelines
The PNP units tasked to maintain peace and order shall not interfere with the
holding of public assembly. To ensure public safety, a Civil Disturbance
Management (CDM) contingent under the command of a Police
Commissioned Officer (PCO) with the rank of Police Senior Inspector or higher
shall be detailed and stationed at least 100 meters away from the place
where the public assembly is being held. In the absence of any permit from
the LGU concerned, the PCO in command should exert effort in persuading
the demonstrators to disperse peacefully and vacate the public place. In
lightning rallies or demonstrations, the Ground Commander shall exhaust
efforts through dialogue with the leaders/organizers for voluntary dispersal.
In case of failure, orderly dispersal to include pprehension of those
responsible is resorted to.
Specific Guidelines
When assistance is requested by the leaders/organizers, it shall be
imperative for the CDM contingent to perform their duties while observing
the rights of demonstrators. Further, the members of the CDM contingent
dealing with the demonstrators shall be in prescribed uniform.
1. The CDM contingent shall not carry any kind of firearms but may be
equipped with baton or riot sticks, crash helmets with visor, gas masks,
boots or ankle-high shoes with shin guards.
2. Tear gas, smoke grenades, water cannons, or any similar anti-riot device
shall not be used unless the public assembly is attended by actual violence
or serious threats of violence, or deliberate destruction of property. Maximum
tolerance shall always be observed.
3. The organization and membership of CDM contingents, as well as their
deployment and employment, shall be in accordance with existing PNP rules
and regulations.
CDM Operational Tasks
1. Isolate the area
a. Secure likely targets
b. Control crowds
c. Establish area control
c. Neutralize special threats
CDM Operational Approaches
1. The commitment of a CDM contingent must be viewed as a last resort.
Their role, therefore, should never be greater than what is necessary
under the circumstances. This does not mean though that the number
of troops employed should be minimized. Doubts concerning the
number of troops required should normally be resolved in favor of
deployment of large number since the presence of such large number
may prevent the development of situations in which the use of
excessive force would be necessary. A large reserve of troops should
be maintained during civil disturbance operations.
2. In selecting an operational approach to a civil disturbance situation,
the Ground Commander and his personnel must adhere to the
“minimum necessary force” principle.
3. Efforts should be exerted to create the image of a restrained and well-
disciplined force, the sole purpose of which is to assist in the
restoration of law and order. Further, while CDM contingent should be
visible, any activity which might excite rather than calm should be
avoided when possible.
4. Consistent with the controlling principle “that he must use the
minimum necessary force to accomplish his mission”, the Ground
Commander shall equip the CDM contingent only with rattan
stick/truncheon/baton, shield, Kevlar helmet and handcuffs.
5. In situations requiring the use of baton/ truncheons should only target
fleshy part of the body such as arms, torso, legs, and thighs. Hitting
protesters with the baton or truncheon on the head, face, neck,
shoulders blades, elbows, fingers, groins, knees, and ankles must be
avoided since strikes to these part may cause serious to permanent
injuries, or even death.
6. Protesters that are arrested must be properly restrained handcuffed
using scientific control methods, and thereafter brought safely to the
police station for processing. Arrested protesters must not be kicked,
punched, or dragged by hait or feet.
7. Whenever appropriate, deploy properly trained and equipped female
CDM personnel as front-liners.
Demolition and Ejectment Orders
Role of the PNP in the Enforcement of a Demolition and/or jectment Orders
Police assistance in the enforcement or implementation of a demolition or
ejectment order shall be granted only upon a written request of the Sheriff or
equivalent officer in quasi-judicial and administrative bodies accompanied by
a valid order issued by competent court, quasi-judicial or administrative body
and, when required, with written permission from the Local Housing Board in
accordance with EO 708 amending EO 152 and DILG Memo Circular No.
2008-143. The proponent shall only be provided with police assistance upon
compliance with the requirements including the requirements under Sections
27, 28, and 30 of RA 7279 (Urban Development and Housing Act), when
applicable. Moreover, said police assistance shall be coordinated with the
concerned local Chief Executive before its enforcement. In no case shall a
demolition involving informal settlers be effected without a pre demolition
conference being conducted between and among the parties involved.
1. The conduct of pre-demolition conference in cases where the affected
families are informal settlers shall be mandatory.
2. The duties of PNP personnel in any demolition or ejectment activity shall
be limited to the maintenance of peace and order, protection of life and
property, and enforcement of laws and legal orders.
3. PNP personnel tasked to provide police assistance shall be in prescribed
uniform during the actual demolition. They shall be limited only to occupying
the first line of law enforcement and civil disturbance control; shall not
participate in the physical dismantling of any structure subject of demolition;
and shall use only necessary and reasonable force.
Procedures in the Enforcement of a Demolition and/or jectment Order
1. PNP personnel should be informed of the prevailing situation, their tasks,
and strict observance of Human Rights.
2. As much as practicable, the Chief of Police (COP) shall lead
The PNP contingent detailed to assist the Sheriff or equivalent officer during
the demolition/ejectment activity.
3. All PNP personnel involved shall desist from the use of any
unnecessary force or any act that may harm, harass, or terrorize the
affected parties.
4. The mode of participation shall be limited to the maintenance of peace
and order during the entire demolition/ejectment activity, ensuring the
protection of all parties from harm and injury.
5. Tear gas, water cannon, and reasonable force shall be used only when
all other peaceful and non-violent means have been exhausted.
Police Assistance in the Implementation of Final Decisions or Orders of the
Courts in Civil Cases, of Quasi-Judicial Bodies and of Administrative Bodies on
Controversies within their Jurisdiction
Police Assistance in the Implementation of Final Decisions or Orders or
Resolutions of the Courts in Civil Cases, of Quasi-Judicial Bodies and of
Administrative Bodies, (Except Cases with Issued Temporary Restraining
Order or Injunction)
The request for police assistance shall be submitted to the Office of the
Chief, PNP in case the final decision or order to be implemented is rendered
by the Supreme Court, the Court of Appeals, the Court of Tax Appeals, the
Sandiganbayan, quasi-judicial bodies or administrative bodies. If the final
decision or order is rendered by the Regional Trial Court or the Municipal Trial
Court, the request shall be submitted to the Office of the Regional Director of
the Police Regional Office (RD, PRO) having territorial jurisdiction over the
place of implementation. The request for police assistance of quasi-judicial or
administrative bodies shall be submitted to the Office of the Chief, PNP
regardless of the place where the police assistance shall be rendered, but the
same maybe delegated to the Regional Director upon the discretion of the
Chief, PNP, In accordance with Section 26, RA 6975.
Requirements for Police Assistance
Request for police assistance in the implementation of final
decisions/orders/writs shall be acted only, upon compliance of the Following
conditions:
1. The request for police assistance is based on an order of the court,
quasi-judicial or administrative bodies;
2. The written request for police assistance shall be signed by the Sheriff
or equivalent officer in quasi-judicial or administrative bodies;
3. The request is filed at least five (5) working days prior to the actual
implementation; and
4. The original document of the final decision/order/resolution must be
presented. In the absence of the same, a copy duly authenticated by
the Clerk of Court or other authorized representative of the court, quasi
judicial or administrative body will suffice.
Period to Render Police Assistance
If the request for police assistance satisfies all the quirements, police
assistance shall be rendered within three (3) working days from receipt of
the directive from the C, PNP or RD, PRO, unless a specific period is written in
the order or due to inherent impossibility of rendering assistance, a longer
period is required.
Office or Unit That May Be Tasked to Render Police Assistance
The Chief, PNP, as may be recommended by the Director for Operations, may
task any operational support unit of the PNP or the PRO that has jurisdiction
in the area where the decision/order/resolution shall be implemented
implemented to render police assistance. In case of request to the RD, PRO,
the latter may task the Public Safety Company/Battalion, Police Provincial
Office (PPO), City Police Office/Station (CPS) or Municipal Police Station (MPS)
within his jurisdiction to render police assistance. In case of direct filing or
request to local police units or operational support units, the request shall be
referred to the OCPNP or RD, PRO, as appropriate. In the meantime, no police
assistance shall be rendered until the C, PNP or RD, PRO shall have acted on
the request.
Extent of Police Assistance
The head of office or unit tasked to render police assistance shall have the
discretion to employ sufficient number of PNP uniformed personnel after
taking into consideration the importance of the case, the scope of the
resistance to be encountered, if there is any, and the general peace and
order condition in the area. Unless a higher ranking Officer is necessary and
more PNP personnel shall be required, the police team that will render police
assistance shall be led by a Police Commissioned Officer (PCO) with the rank
of Police Senior Inspector. All the team members shall be in prescribed
uniform while rendering assistance.
Role of PNP Personnel Rendering Police Assistance
PNP personnel shall observe maximum tolerance and respect for individual
rights at all times. Dialogue with those who may be affected by the
implementation of the decision/order/resolution is encouraged to prevent
violence, and the assistance of local public officials, when warranted, should
be requested. However, the Sheriff or the equivalent officer of quasi-judicial
or administrative bodies shall have the final disposition whether to proceed
with the implementation of the decision/order/resolution or not. The use of
reasonable force shall only be resorted to for self-defense and defense of
strangers. The role of the PNP shall be limited to the maintenance of peace
and order, crowd control, and the security of the Sheriff or equivalent officer
of quasi-judicial or administrative body. In no case shall PNP personnel
participate in the implementation of the decision/order/resolution by
performing acts not herein mentioned, such as, but not limited to,
dismantling, hauling of personal property and other analogous acts.
Police Assistance in the Implementation of Final Decisions or Orders or
Resolutions of the COMELEC or DILG or Local Government Unit Exercising
Disciplinary Powers in Administrative Cases of Elected Officials
Requirements for the Request for Police Assistance
The police assistance shall only be granted upon the written request of
COMELEC or DILG, accompanied with the original or authenticated copy of
the final decision or order or resolution to be Implemented.
Period to Render Police Assistance
If the request for police assistance satisfies all the requirements and the
clearance to render police assistance is approved by the C, PNP the police
assistance requested shall be rendered within three (3) working days from
receipt of the directive from the C, PNP or for a longer period when required
by the Urcumstances.
Extent of Police Assistance
The Special Task Group Commander tasked to render police assistance shall
have the discretion to employ sufficient number of PNP uniformed personnel
after taking into consideration the scope of the resistance to be encountered,
if there is any, and the general peace and order condition in the area. Unless
a higher ranking Officer is necessary and more PNP personnel are required,
the police team that will render police assistance should be led by a Police
Commissioned Officer (PCO) with the rank of Police Senior Inspector. All
members of the Special Task Group shall be in prescribed uniform when
rendering police assistance.
Itole of PNP Personnel Rendering Police Assistance
The role of the PNP when rendering police assistance shall De limited to the
maintenance of peace and order, crowd control, and the security of the duly
authorized officer of the COMELEC, DILG or the Local Government Unit
implementing the decision/order/resolution. In no case shall PNP members
participate in the implementation of the decision/order/resolution which shall
be undertaken by the duly authorized officer of the COMELEC or DILG or the
Local Government Unit concerned. In performing their role, the PNP
personnel shall at all times observe maximum tolerance and respect for
human rights. The use of reasonable force shall only be resorted to for self-
defense and defense of strangers. Moreover, the PNP personnel shall always
exercise utmost impartiality and neutrality in effecting its role. The duly
authorized officer of the COMELEC or DILG or the Local Government Unit
personally leading the implementation of the said decision/order/resolution
shall have the final disposition whether to proceed or not with the
implementation of the decision/order/resolution.
Police Assistance in the Implementation of Comprehensive Agrarian Reform
Program (CARP)
Coverage
a. Final Orders
a. Final Orders/Resolutions/Decisions Issued by DAR
b. Order of Installation or Certificate of Land Ownership Award
(CLOA)
c. Preliminary Agrarian Activities
a. Land survey
b. Field Investigation
c. Ocular Inspection
d. Meeting between actual and potential Agrarian Reform
Beneficiaries
e. Post Installation
f. Landholding tagging
g. Analogous cases
Requirements in the Granting of Police Assistance
1. Police assistance in the implementation of final orders, decisions,
resolutions or CLOAS issued DAR shall be rendered only upon a written
request submitted by the Agrarian Reform Officer or any authorized
Officer of DAR, accompanied with the original or authenticated copy of
the final decision, order or CLOA to be implemented. The request and
its attachments, regardless of the place of execution, shall be
submitted to the Office of the Chief, PNP for his approval.
2. Police assistance during the conduct of preliminary agrarian activities
as provided in Rule 30.1b shall be rendered only upon a written request
submitted by the Agrarian Reform Officer or any authorized Officer of
DAR, accompanied with the original or authenticated copy of the Order
issued for the activity (if applicable). The request shall be submitted to
the Office of the Regional Director of the Police Regional Office having
jurisdiction over the area of execution for his approval.
When to Render Police Assistance
Police assistance in the implementation of CARP shall be provided only as
requested by DAR. In no case shall the PNP act on its own without the
request and/or representative from DAR to prevent extending police
assistance in cases where same is not necessary.
Extent of Police Assistance
The head of office or unit tasked to render police assistance shall have the
discretion to employ sufficient number of PNP uniformed personnel after
taking into consideration the scope of the resistance to be encountered, if
there is any, and the general peace and order condition in the area. Unless a
higher ranking Officer is necessary and more PNP personnel are required, the
police team that will render police assistance should be led by a Police
Commissioned Officer (PCO) with the rank of Police Captain. All members of
the team shall be in prescribed uniform when rendering police assistance.
Role of PNP Personnel Rendering Police Assistance
The PNP personnel shall observe maximum tolerance and respect for
individual rights at all times. The use of reasonable force shall only be
resorted to for self-defense and defense of strangers. Moreover, the PNP
personnel shall always exercise utmost impartiality and neutrality in effecting
its role. The role of the PNP when rendering police assistance shall be limited
to the maintenance of peace and order, crowd control, and the security of
the duly authorized officer of the DAR. In no case shall PNP members
participate in the implementation of the decision/order/resolution or in the
conduct of any of the preliminary agrarian activities, which shall be
undertaken by the duly authorized officer of the DAR.
The duly authorized officer of the DAR leading the Implementation of the
decision/order/resolution/CLOA or leading the conduct of the preliminary
agrarian activity shall have the final disposition whether to proceed or not
with the implementation of the decision/order/resolution/CLOA or conduct of
the activity.
When Entry to the Property is Refused by the Landowner
When the DAR personnel are refused admittance into the property, the PNP
personnel cannot encroach on the property without an order from the DAR
specifically for the purpose. In the implementation of final orders or in the
conduct of preliminary agrarian activities, the authority to break into the
property or into a building shall be specifically provided in the order or
resolution or in the request for police assistance. The authority to break out
to liberate themselves shall also be specifically provided.
Police Assistance in the Implementation of Decisions/Orders of the Court,
Quasi judicial or Administrative Bodies that are Immediately Executory
This rule sets forth the procedure in the granting of police assistance in the
implementation of decisions/orders that are Immediately executory like, but
not limited to the following:
1. Temporary Restraining Order
2. Writ of Preliminary Injunction
3. Replevin
4. Writ of Preliminary Attachment
5. Receivership
6. Provisional Remedies under the Human Security Act
7. Temporary Protection Order under the Anti-Violence Against Women
and their Children Act
8. Protection Order under the Anti-Child Pornography Act
9. Analogous cases
Where to File
Decisions/Orders issued by the court, quasi-judicial or administrative bodies
that are immediately executory shall be submitted to the Regional Director
(RD) of the Police Regional Office (PRO) having jurisdiction of the place where
the decision/order shall be implemented. Given the urgency of the matter,
the RD, PRO shall be the approving authority. The request for police
assistance, however, shall only be acted, upon the submission of the written
request of the Sheriff or equivalent officer in quasi-judicial or administrative
bodies, accompanied by the original or authenticated copy of the
decision/order/writ sought to be implemented.
Role of PNP Personnel Rendering Police Assistance
PNP personnel shall observe maximum tolerance and respect for individual
rights at all times. Dialogue with those who may be affected by the
Implementation of the decision/order/resolution is encouraged to prevent
violence, and the assistance of local public officials, when warranted, should
be requested. However, the Sheriff or the equivalent officer of quasi-judicial
or administrative bodies shall have the final disposition whether to proceed
with the Implementation of the decision/order/resolution or not. The use of
reasonable force shall only be resorted to for self-defense and defense of
strangers.
Hostage Situation/Barricaded Situations
Procedure to be followed in a Hostage Situation
The following steps shall be undertaken:
1. A Critical Incident Management Committee shall be activated
immediately;
2. Incident scene shall be secured and isolated;
3. Identify and secure the stronghold;
4. As much as possible, ensure the control of communication lines, and cut-
off all other lines as well as electricity and water supply to allow for more
bargaining;
5. Unauthorized persons shall not be allowed entry and exit to the incident
scene;
6. Witnesses' names, addresses, and other information shall be recorded;
7. Witnesses shall be directed to a safe location;
8. Evacuate all victims/injured persons immediately when the opportunity
permits;
9. The arrest of the perpetrator shall be the last paramount concern; and
10. Conduct debriefing immediately after the conclusion of the incident.
Ground Commander/On-Scene Commander
There shall be only one Ground Commander/On-Scene Commander holding
at least a senior rank and/or one (1) with experience in hostage/crisis
situation or relative training. Until such Time that he officially designates a
spokesperson, he may issue appropriate press statements and continue to
perform the role of The spokesperson.
Negotiators/ Negotiation Team
Negotiators shall be designated by the Ground Commander. No one shall be
allowed to talk to the hostage taker without clearance from the negotiator or
Ground Commander. The Negotiation Team is directly under control and
supervision of the On-Scene Commander. Negotiation team structure will be
as follows:
1. Negotiation Team Leader (NTL)/coordinator;
2. Primary Negotiator;
3. Secondary Negotiator;
4. Intelligence liaison/recorder; and
5. Board Negotiator.
Assault Team
An assault team shall be alerted for deployment in case the negotiation fails.
Members of the assault team shall wear authorized and easily recognizable
uniform during the conduct of the operation.
Support Personnel
An ambulance with medical crew and a fire truck shall be detailed at the
incident area.
Plans
The On-Scene Commander shall, upon the assessment of the situation,
prepare necessary plans to include but not limited to:
1. Emergency Response Plan – depends on the threat posed by
the hostage-takers and need of the Negotiation Team and On-Scene
Commander.
2. Breakout Plan possibility of breakout shall be considered immediately upon
drawing up negotiation strategy. This should be considered as one of the
priority plans.
3. Delivery plan in case the hostage-takers change plans in the middle of the
execution.
4. Surrender plan- should be drawn up in a way that the hostages' lives will
not be jeopardized.
5. Hostage Reception/ Release for security reasons, released hostages should
be contained and isolated.
6. Collection plan safety of the police personnel involved is the priority
consideration.
Coordination
Proper coordination with all participating elements shall be done to
consolidate efforts in solving the crisis.
Safety of Hostage(s)
In negotiating for the release of a hostage, the safety of the hostage shall
always be paramount,
Guidelines during Negotiations
1. Situation must be stabilized first and contained before the start of the
negotiation.
2. All relevant tools and information that can strengthen a negotiator's
position and create a favorable climate for a successful negotiation must be
prepared e.g. facts relevant to the situation, financial and non-financial
terms, issues and concerns, etc.
2. Do not introduce outsiders (non-law enforcement officers) into the
negotiation process, unless their presence is
extremely necessary in the solution of the crisis. If so Introduced, they shall
be properly advised on the do's and don'ts of hostage negotiations.
4. In case the negotiator breaks down or he/she finds himself/herself in a
deadlock, it is recommended to employ the service of a mediator.
5. Police officers without proper training shall not be allowed to participate in
hostage negotiations.
6. Whatever the scale of an incident and the extent of resources deployed, it
is essential that proper liaison exist between Tactical/Assault Team, Technical
Support Team and the Negotiation Team.
7. All activities on the scene, even the delivery of food to the stronghold,
must have tactical coordination with the NTL/Coordinator.
Negotiation through Mediator
1. The mediator will act as a referee, helping the negotiators resolve their
differences.
2. The mediator must be well-versed about the issues in order to be able to
eventually recommend an effective solution.
3. The main object is to reconcile the object of the negotiator with that of the
other party.
Investigation of Violence Against Women and Their Children (VAWC) and
other Cases of Child Abuse
Investigation of Complaints and Reports Involving All Forms of Violence
against Women and Their Children
The PNP Women and Children Protection Desks (WCPD) in coordination with
the Local Social Welfare Development Office (LSWDO), shall conduct a
timely, thorough and comprehensive investigation of all cases involving
violence against women and their children, committed within their respective
area of responsibility, consistent with domestic laws, rules and regulations,
and international human rights standards. They shall observe the rules and
procedures as provided in section 48 of the Implementing Rules and
Regulations of RA 9262 (Anti- Violence Against Women and Their Children Act
of 2004).
"Children" refers to those below eighteen (18) years of age or older but are
incapable of taking care of themselves as defined under Republic Act No.
7610. As used in this rule, it includes the biological children of the victim
woman and other children under her care.
1. Upon the receipt of complaint, the WCPD officer shall conduct appropriate
investigation which includes, but is not limited to, taking the formal
statement of the victim survivor and collecting other evidence necessary for
the filing of the case under the Act;
2. Immediately after taking the essential elements of Information during the
course of investigation, the WCPD officer shall refer the victim-survivor to the
nearest PNP Crime Laboratory and/or hospital or any medical facilities for
appropriate medico-legal examination. It shall be the WCPD officer's duty to
ensure that as far as possible, the examining physician must be of the same
gender as the victim-survivor, especially in sexual violence cases;
3. Except in the case of a child who is a victim-survivor of the Act, by which
other existing laws require immediate presence of the unoffending parent or
guardian and social worker, only persons expressly authorized by the victim-
survivor shall be allowed by the WCPD officer inside a room where police
investigation as well as the medical/physical examination are being
conducted in private;
4. Ensure the confidentiality of identity of the victim survivor and all other
parties directly involved with the case under investigation. For this purpose,
the WCPD officer must maintain a separate blotter on crimes committed
under the Act. Under no circumstances shall any police officer allow media
access to information concerning VAWC reported to PNP;
6. After the conduct of police investigation, the WCPD officer shall refer
the victim-survivor to the social worker of the LGU, any available
DSWD shelters, NGOs and other service providers for psycho-social
intervention and other
rehabilitation programs:
6. The WCPD officer shall forward the investigation report, together with the
relevant evidence, including the formal statements of witnesses and result of
medico-legal examination, to the prosecutor for filing of appropriate criminal
action under the Act:
7. If victim-survivor is found to have manifestations of the Battered Woman
Syndrome which is validated by past police records and testimonies from
witnesses in interest, the WCPD officer shall inform the Punong Barangay,
the local social worker, or the concerned NGOs, local professional or civic
groups in the area for appropriate psychiatric and psychological evaluation
which may form part of the evidence to be presented in court;
8. Assist in the application and enforcement of the provisions of the
protection order as may be issued by the barangay or the court;
9. Respond, with the assistance of other police personnel, barangay officials,
and other parties-in-interest, to a call for emergency assistance to ensure
immediate ate protection of the victim-survivor by entering the dwelling if
necessary, whether or not a protection order has been issued;
10. In case where the perpetrator is armed or in possession of deadly
weapon in plain view, cause the confiscation thereof with the assistance of
other police personnel:
11. Effect the arrest of the perpetrator by virtue of a warrant issued by the
court pursuant to existing laws. In the event that any crime under the Act
has been committed, is being committed or about to be committed, or that
any police officer has personal knowledge of the facts indicating the
commission of such time, it shall be his or her duty to arrest the perpetrator
even witho without the strength of a warrant, provided the offender shall be
processed in accordance with Section 5, Rule 113 of the Rules of Court;
12. Except when the victim-survivor is deemed more secure to stay
in their place of residence, in which case the perpetrator has been
removed by virtue of protection order issued by the barangay or the
court, the WCPD officer or any designated police officer shall provide
assistance to help facilitate the transfer of the victim survivor to a safe
place of
her own choice, including the removal of some of the victim survivor's
personal belongings;
13. Monitor and follow up any case in violation of the Act that has been filed
in court. In this regard, the WCPD officer must maintain a periodic
assessment report of all cases reported to the police in violation of the Act;
and
14. Participate in multi-disciplinary mechanisms to help address the
protection needs of the victim-survivor of VAWC.
Investigation of Complaints and Reports Involving Other Forms of Child Abuse
Police Officers, in coordination with the PNP Women and Children Protection
Desks (WCPD) and Local Social Welfare Development Office (LSWDO), shall
conduct an investigation on all cases of child abuse committed within their
respective area of responsibility, consistent with domestic laws, rules and
regulations, and international human rights.
1. Police officers shall, upon receipt of a complaint or report or information
that a child has been or is being abused, maltreated, discriminated,
exploited, neglected, or abandoned, or is under imminent danger of being
abused or exploited, shall take immediate action thereon, but under no
circumstance shall be beyond forty-eight (48) hours;
2. Police officers shall immediately coordinate with the WCPD and report the
matter to the LSWDO. In situations where immediate rescue operations are
necessary, the police officers and WCPD in coordination with the LSWDO and
other stakeholders shall prepare the corresponding rescue operations plan;
3. The police officers, together with the WCPD, LSWDO and other
stakeholders/authorities like the Barangay or Municipal or City Health
Officer, Barangay Officials in the place where the incident occurred or
is taking place, the Barangay Human Rights Action Officer or any
officer of the Commission on Human Rights (CHR) in or near the area of
operation shall, without delay, proceed to the place where the child-
victim is located and execute the rescue operations plan;
4. Upon rescue of the child-victim, the law enforcers shall turn over the child-
victim to the LSWDO for protective custody;
5. The police officer, together with the LSWDO, shall ensure that the child-
victim shall be immediately taken to the nearest government medical center
or hospital or clinic for physical and psychological examination, treatment
and/or confinement;
6. The police officer, in coordination with the LSWDO, shall gather the
necessary/relevant and material data and evidence to support the filling of
appropriate charges before the Prosecutor's Office and trial of the child-
abuse case/s before the court;
7. The police officer shall ensure that the child-victim shall not be subjected
or exposed to multi-victimization in the course of investigation. Hence, the
police officer shall see to it that the interviews and statements of the victim
shall be recorded and/or video-taped; and
B. Investigation of child abuse cases shall be assigned preferably to
members of the Women and Children Protection Desk (WCPD) or in their
absence, the police officer of the same gender who has appropriate training
on child rights, and Investigation and handling of child abuse cases.
Right to Privacy of the Child and Confidentiality of Records
The police officer shall at all times respect the right to privacy of the child
and shall observe confidentiality of information and records pertaining to
child rights cases he investigated or is investigating, from the beginning of
the investigation and/or initial custody of the child-victim and at all times
thereafter, except when the release of any information about the child's case
is pursuant to an Order issued by a competent court.
Procedure in the Rescue of Minors
. Planning
All police operations regarding rescue of minors who are victims or subject of
physical, sexual, psychological abuse, exploitation, discrimination,
negligence, and other forms of abuse, shall be properly planned, in
coordination with stakeholders concerned. The plan shall be drawn and
discussed in a pre conference with national and/or local authorities such as:
the Department of Social Work and Development (DSWD) or the LSWDO,
female Police Investigator, preferably from the WCPD or one trained in the
handling of investigation of child rights cases, the local police units, police
photographer, Public Attorneys’ Office (PAO), barangay officials, City and
Municipal Licensing and Permit Division, the Department of Health or the City
or Municipal Health Office, Barangay Human Rights Action Officer or officer of
the CHR, and/or the DOLE. For this purpose, the PNP shall activate a Rescue
Team to be headed by officer/s of the WCPD, in coordination with concerned
national and/or local authorities mentioned above.
b. Rescue operations
1. All police officers participating in the rescue operations shall be in
prescribed uniform. Should circumstances require that certain police
officer/s be in civilian clothes during the actual operations, he must
have the official identification card which he must show when required.
2. Upon arrival at the operation scene, the police officers shall properly
introduce themselves and inform the people in the area where the
child-victim is located as to the purpose of their operation.
3. Police officer shall not use force unless necessary under the
circumstances. In circumstances where reasonable force is allowed, the
police officers/rescue team shall ensure and/or avoid collateral damage
or hitting innocent civilians within the vicinity of operations.
4. The child-victim shall be handled preferably by a police officer of the
same gender as the victim, who has appropriate training on child
rights, and in the investigation and handling of child-abuse cases.
Procedure to be Observed in the Handling of Children in Conflict with the Law
(CI (CICL)
From the moment a child is taken into custody, the law enforcement fficer
shall:
1. Properly Identify himself as police officer and present the proper
identification to the child;
2. Explain to the child, in simple language and in the dialect that he can
understand, the reason why he is being taken into custody and the offense
he allegedly committed;
3. Refrain from using vulgar or profane words and from sexually harassing or
abusing, or making sexual advances to the child in conflict with the law;
4. Avoid displaying or using any fi rearm, weapon, handcuffs or instruments
of force or restraint, unless absolutely necessary and only after all other
methods of control have been exhausted and have failed;
5. Refrain from subjecting the child in conflict with the law to greater
restraint than is necessary for his apprehension;
6. Avoid the use of unnecessary force;
only 7. Search on a child in conflict with the law shall only be done by a
police officer of the same gender as the child;
8. Determine the age of the child;
9. Take the child immediately to the proper medical and health officer for a
thorough physical and mental examination. The examination results shall be
kept confidential, unless otherwise ordered by the Family Court. Whenever
medical treatment is required, steps shall be immediately undertaken to
provide the same;
10. Turn over custody of the child to the LSWDO or other accredited NGOs
immediately but not later than eight (8) hours after apprehension and notify
the child's parents/guardians and the PAO of the child's apprehension;
10. When the child is fifteen (15) years or below, he shall be
Immediately released to his parents or guardian or nearest guardian
relative. However, if the child is above twelve (12) years of age up to
fifteen (15) years of age and commits serious crimes such as parricide,
murder, infanticide, kidnapping and serious illegal detention where the
victim is killed or
raped, robbery with or rape, destructive arson, rape, or carnapping where
the driver or occupant is killed or raped or offenses under RA RA 9165
(Comprehensive Dangerous Drugs Act of 2002) punishable by more than
twelve (12) years of imprisonment, shall be deemed a neglected child under
PD 603, as amended, and shall be mandatorily placed in a special facility
within the youth care facility or "Bahay Pag-asa" called the Intensive Juvenile
Intervention and Support Center (IJISC). (Sec 20-A of RA 10630)
12. A child who violated local ordinances concerning juvenile status offenses
shall be considered as "child at risk" and not as "child in conflict with the
law". Hence, no penalty shall be imposed on them for said violations, and
they shall be instead brought to their residence or to any barangay official at
the barangay hall to be released to the custody of their parents and
appropriate intervention program will be provided. (Sec 20-A of RA 10630)
13. Ensure that should detention of the child in conflict with the law be
necessary, the child shall be secured in quarters separate from that of the
opposite sex and adult offenders. The child shall not be locked up in a
detention cell;
14. Take the statement of the child in the presence of:
a. The child's counsel of choice or in the absence thereof, a lawyer from the
PAO;
b. The child's parents, guardian, or nearest relative, and
C. LSWDO;
15. In the absence of the child's parents, guardian, or nearest relative, and
the LSWDO, the investigation shall be conducted in the presence of an NGO,
religious group, or member of the Barangay Council for the Protection of
Children (BCPC).
16. Ensure that all statements signed by the child during investigation shall
be witnessed by the child's parents or guardian, social worker, or legal
counsel in attendance who shall affix his signature to the said statement;
17. Record the following in the initial investigation:
a. Whether handcuffs or other instruments of restraint were used, and if so,
the reason for such;
c. That the parents or guardians of a child, the DSWD, and
the PAO have been duly informed of the apprehension and the details
thereof; and
c. The exhaustion of measures to determine the age of a child and the
precise details of the physical and medical examination or the failure to
submit a child to such examination.
Guidelines
The police officer shall at all times ensure respect for the rights of the child in
conflict with the law as provided in the Philippine Constitution, domestic
laws, the Convention on the Rights of the Child and other related
international human rights instruments.
Bomb, Bomb Threat and Bomb Incident Emergency Response Procedures
Bomb
A bomb is a container filled with explosive, incendiary material, smoke, gas,
or other destructive substance, designed to explode. It can appear obvious
or concealed and can vary in size, shape or sophistication and may not
necessarily explode such as in the case of incendiary and dirty bombs. It
may be referred to as Improvised Explosives Device (IED) or ordnance.
Bomb Threat
Bomb threat is either a written or verbal threat communicated through
electronic, oral or other means that threatens to place or use an IED at a
certain time, date, or place against any specific person or place. The First
Responder (FR), the police investigator, and the police detective must
remember the following basic facts on bomb threat:
1. A threat is considered only a threat until something visible is found;
3. Determined bombers do not frequently give warnings of a
possible explosion/incendiary attack;
3. Threats are an excellent way to disrupt productivity without actually
risking life, limb and/or property; and
4. The consequences of conviction for "threatening" are not necessarily as
serious as those that could result from actual placement/initiation of a bomb.
First Responder's Procedure on Bomb Threat
The following are the guidelines for FRs during a bomb threat:
a. Upon receipt of the information:
a. Treat all threats as serious until proven otherwise;
b. Determine the exact location of the establishment under threat;
c. Assess or analyze the threat whether it is a long term or a short term
threat;
d. Consider evacuation options as follows:
1. Option 1
Do Nothing
2. Option 2 Search with partial evacuation
3. Option 3 Search and evacuation
4. Option 4-Evacuate immediately
e. Alert Explosives Ordnance Demolition Team (EODT) for bomb search
mission and emergency readiness before going to the crime scene;
f. Proceed immediately to the scene; and
g. Notify Higher Headquarters of any development.
b. Upon arrival at the scene:
1. Confirm the reported bomb threat and notify EODT on the need to conduct
a bomb sweep;
2. Conduct or cause a search for suspicious device/s together with persons
familiar with the location, and Unless a bomb is found, personnel may not
order an evacuation of the affected area, but may inform the person in-
charge of the property of the need to evacuate. The following procedures
Shall be followed during evacuation:
a. Evacuation and assembly point routes must be searched to
ensure that personnel are not unnecessarily exposed to danger
during the evacuation;
b. Designate a “safe” assembly area, well away from the
threatened structure, out of line-of-sight of the building and well
clear of windows. A minimum distance of 150 meters is
recommended;
c. Never assemble personnel in front of or directly below glassed
areas;
d. Advise employees and visitors to take their personal belongings
to eliminate superfluous “suspicious objects” and to reduce the
number of items to be “checked out”;
e. Select safe and climatically acceptable assembly areas where
evacuees may wait for a considerable period;
f. Avoid car parks as assembly areas and be mindful of the car
bomb potential;
g. Install procedures to ensure that escape routes are clear.
Evacuation routes and assembly areas must be searched before
evacuation;
h. Install procedures to ensure windows and doors are left open and
lights left on; and
i. Include a procedure for machinery shutdown. This can include
plant and equipment, electronics, computer equipment, securing
files and correspondence.
3. If a suspected device is discovered, cause the evacuation of people in
the affected area to a distance of at least 300 meters away, and
maintain security for the protection of life and property:
a. Any discovered device shall be isolated;
b. Do not touch, tamper with or disarm any suspected bomb or IED;
c. Report discovery of suspected device;
d. Do not permit radio transmission within the premises/building;
e. Turn off all electricity and gas units within the premises/building;
f. Secure the area and prevent people from approaching;
g. Establish traffic control;
h. Summon ambulance and fire trucks to the scene;
1. Await the arrival of bomb disposal team; and
j. Notify Higher Headquarters of the situation.
First Responder's Procedure in Case of Actual Bomb Explosion
The following are guidelines for FRs during cases of actual bomb explosions:
a. Upon receipt of the report:
1) Identify exact location of the incident;
2) Alert EOD teams and direct them to proceed to the area;
3) Notify Higher Headquarters of the situation;
4) Request assistance of medical personnel; and
5) Proceed to the scene immediately.
b. Upon arrival at the scene:
1) Cause immediate evacuation of the injured;
2) Direct occupants of the establishment to evacuate;
3) Maintain order and control crowd;
4) Notify Higher Headquarters of the situation;
5) Seal off location until EOD Team determines if a secondary device exists;
6) Conduct rescue operations at the scene when necessary;
7) Initiate immediate investigation if investigators have not yet arrived and
determine the following:
a) Time of detonation/explosion;
b) Time when the call for bomb threat was received; and
c) Type of device.
8) Submit incident report immediately; and
9) Avoid issuing "speculative" press releases or statements.
Procedures in Determining and Reporting of Terrorism Incidents/Cases
The Anti-Terrorism Council headed by the Executive Secretary Chairman was
mandated by law to assume the responsibility for the proper and effective
implementation of the anti-terrorism policy the country. The Philippine
National Police, among other law unforcement agencies, serves as support
agency for the Council.
Procedures
a. The On-Scene Commander shall initially determine if there is a high
degree of probability that the incident is a terrorist attack. He also
establishes the On-Scene Command Post and initiates the convening of the
Critical Incident Management Task Group (CIMTG) and the Critical Incident
Management Committee (CIMC) regardless of the nature of the attack.
b. In the event of a suspected terrorist attack, the PROs shall ensure the
management and containment of the incident and shall coordinate with the
Task Force (TF) Sanglahi-Alpha Commander during the development of the
case.
c. Bombing attacks and explosions perpetrated by the terrorist, the Inter-
Agency Protocol on Explosives and Related Incidents investigation among the
PNP, AFP, NBI and PCG shall be strictly followed.
d. The Philippine Bomb Data Center (PBDC) will be the fusion center for the
reporting of ERIs. As such, PBDC will be furnished with all Post-Blast
Investigation (PBI) and initial reports pertaining to ERI.
Cybercrime Incident Response Procedure
Cybercrime Response is the actual police intervention in a cybercrime
incident where the acquisition of matters of evidentiary value is traceable
within the computer's hardware, software, and its network.
Guidelines for Cybercrime Incident First Responder
a. When responding to a cybercrime incident, or to a scene of the crime
where computers (or electronic device, digital media, and other similar
devices) are present, it is imperative for the First Responder (FR) to be able
to protect, seize, and search the same and to be able to recognize potential
evidence, using the following questions as guidelines to determine its role in
the commission of the crime:
1) Is it a contraband or fruit of a crime?
2) Is it a tool used for the commission of the crime?
3) Is it only incidental to the crime, ie, being used to store evidence of the
crime?
4) Is it both instrumental to the crime and a storage device for evidence?
b. After identifying the theories as to the role of the computer in the
commission of the crime, the following questions essential to any further
police intervention should be considered by the first responder:
1) Is there probable cause to seize the hardware?
2) Is there probable cause to seize the software?
3) Is there probable cause to seize the data?
4) Where will the search and seizure be conducted?
c. Search of computers (or electronic device, digital media, and other similar
devices) and seizure of data therefrom require a warrant issued by the court.
d. Appropriate collection techniques shall be used to preserve the data
sought to be seized.
e. The evidence seized shall be subjected to forensic examination by trained
personnel. The result of the forensic examination, as well as the testimony of
the forensic expert, shall be made available during the trial.
Search and Seizure of Computer
Upon determination of how the computer was utilized in the commission of
the crime, and once the legal requirements have
Been complied with, the following are the guidelines for the conduct of
search and seizure.
a. Secure the Scene
1) Officer’s safety is always paramount
2) Preserve the area for potential fingerprints.
3) Immediately restrict access to the computer.
4) Isolate from phone lines.
b. Secure the computer as evidence
1) If the computer is “OFF”, do not turn it “ON”.
If the computer is “ON”, do not turn it “OFF”, nor touch its mouse or its
keyboard.
5. For stand-alone connection or single area connection computers (non-
networked)
1) Consult a computer specialist.
2) If a specialist is not available:
a) Photograph screen and disconnect all power sources and
plugs including those at the back of the computer;
b) Place evidence tape over each drive slot;
c) Photograph (or make a diagram) and label parts located
at the back of the computer including its connections;
d) Label all connectors and cable end to allow reassembly as
needed (Example: “Socket” marked “A” and the “cable
End also marked “A”);
e) If transport is required, pack the components as “fragile
cargo prior to transport;
f) Keep it away from magnets, radio transmitters, and from
other hostile environment;
g) Ensure that only a computer forensic expert conducts the
search for any evidence contained in the computer
hardware; and
h) Ensure that the computer hard disk is duplicated by the
forensic expert and the original is kept by the evidence
custodian for future court presentation, Further search
and analysis shall be undertaken using only the imaged
disk.
d. For Networked Computers (or business computers)
1) Consult a Computer Specialist for assistance.
2) Do not immediately pull the plug to prevent
a) Severe damage to the system;
b) Disrupting the legitimate business; and
c) Possible liability of the officers.
Guidelines in the Treatment of Other Electronic Data Storage Devices
The FR should understand that other electronic devices may contain viable
evidence associated with the crime. The FR must ensure that, unless an
emergency exists, the device should not be accessed. Should it be necessary
to access the device, the FR should ensure that all actions associated with
the manipulation of the device should be noted in order to document the
chain of custody and ensure its admission as evidence in court.
Search and Seizure of Wireless Telephones
Upon determination of how the wireless telephone device was utilized in the
commission of the crime, and once the legal requirements have been
complied with, the following are the guidelines for the conduct of search and
seizure:
a. If the device is "ON", do not turn it "OFF":
1) Turning it "OFF" could activate lockout feature.
2) Write down all information on display and, if possible, secure a
photograph.
3) Power down prior to transport (bring all power supply cords found at the
scene).
b. If the device is "OFF", leave it "OFF":
1) Turning it on could alter evidence in the device.
2) Upon seizure, take it to an expert as soon as possible, or contact local
service provider.
3) Exert an effort to locate any instructions manual pertaining to
the device.
Search and Seizure of Electronic Paging Devices
The FR should remember that search of stored data in an electronic paging
device can be made only when incidental to a wwful arrest, when consent
has been given, and when a warrant has been issued.
Search and Seizure of Facsimile or Fax Machines
The FR should remember that, if the fax machine is "ON", powering it down
may cause loss of the last number dialled or other stored fax numbers. The
FR should also remember that the header Ine should be the same as the
phone line, and that if possible all manuals should be seized along with the
machine.
Search and Seizure of Caller ID Devices
a. The FR should be able to recognize potential evidence contained in caller
ID devices such as telephone numbers and subscriber's information from
incoming phone calls.
b. The FR should remember that interruption of the power supply of the
caller ID device may cause loss of data if not protected by an internal battery
back-up.
c. The FR must also make sure to document all stored data prior to seizure of
the device, otherwise, loss of data may occur. All seized electronic
equipment shall be turned over to the Anti-Cybercrime Group (ACG), and in
the absence of ACG in the area, to the local Regional/Provincial Crime
Laboratory Office (R/PCLO).
Rules on Anti-Illegal Drugs Operations
General Policy and Guidelines
a. The Philippine Drug Enforcement Agency (PDEA) was mandated by law
to carry out the provisions of RA 9165 (Comprehensive Dangerous
Drugs Act of 2002), serve as the implementing arm of the Dangerous
Drugs Board, and
be responsible for the efficient and effective enforcement of all the
provisions on any dangerous drug and/or controlled precursor and essential
chemical as provided in the Act.
b. The PNP, however, still possesses the authority to conduct anti-illegal drug
operations, Provided that the case shall eventually, be transferred to the
PDEA based on the Supreme Court Decisions in People of the Philippines vs.
Sta Maria (GR No. 171019, February 23, 2007 and People of the Philippines
vs. Rashamia Hernandez et al., (GR No. 184804, June 18, 2009). PDEA
deputation is no longer necessary or required for PNP personnel assigned
with anti-drug units.
c. The PNP is not prevented from conducting warrantless arrest under Section
5, Rule 113 and search incident to a lawful arrest under Section 13, Rule 126
of the Rules of Court.
Coordination Requirements
a. PNP units, prior to any anti-drug operations shall, as far as practicable,
coordinate with the PDEA;
b. In any case, the PNP anti-drug units shall coordinate/inform the PDEA of
the anti-drug operation within 24-hours from the time of the actual custody
of the suspects or seizure of said drugs and substances as well as
paraphernalia and transport equipment used in illegal activities involving
such drugs and/or substances and shall regularly update the PDEA on the
status of the cases involving the said anti-drug operation. (Section 86(a) IRR
of RA 9165)
c. The word "as far as practicable" means that the prior coordination with the
PDEA may be done, practiced or accomplished as maybe feasible and
possible to be performed. Under the following instances, prior coordination is
validly dispensed:
1) In remote places where coordination is not possible
2) When coordination will compromise the lives of police operatives,
informant and witnesses, involved in anti drug operation;
4) When coordination will prejudice the apprehension of drug
suspects and confiscation of dangerous drugs and
CPECS;
5) When prior coordination will compromise the entire police
operation (In the above instances, post coordination shall be
made in lieu of prior coordination)
Handling, Custody and Disposition of Evidence
a. In the handling, custody and disposition of evidence,
the provision of Section 21, RA 9165 and its IRR shall
be strictly observed.
b. The apprehending officer/team having initial custody
and control of the drugs shall, immediately after
seizure and confiscation, physically 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 the
Department of Justice (DOJ), and any elected public
official who shall be required to sign the copies of the
inventory and be given a copy thereof.
c. The physical inventory and photograph shall be
conducted at the place where the search warrant is
served; or at the nearest police station or at the
nearest office of the apprehending officer/team,
whichever is practicable, in case of warrantless
seizures; Provided, that non-compliance with these
requirements under justifiable grounds, as long as
the integrity and the evidentiary value of the seized
items are properly preserved by the apprehending
officer/team, shall not render void and invalid such
seizures of and custody over said items.
D. Photographs of the pieces of evidence must be taken upon discovery
without moving or altering its position in the place where it was situated,
kept or hidden, including the process of recording the inventory and the
weighing of dangerous drugs, and if possible under existing conditions, with
the registered weight of the evidence on the scale focused by the camera, in
the presence of persons required, as provided under Section 21, Art II, RA
9165.
d. The seizing officer must mark the evidence with his
initials indicating therein the date, time and place
where the
Evidence was found and seized. The seizing officer shall secure and preserve
the evidence in a suitable evidence bag or in an appropriate container for
further laboratory examination.
e. Where the situation requires urgent action suspected
drug evidence acquired may be “field-tested” using a
drug test kit. If the result is positive this will be the
basis of the seizure and the conduct of further drug
analysis.
f. Within twenty-four (24) hours upon
confiscation/seizure of dangerous drugs, plant
sources of dangerous drugs, controlled precursors
and essential chemicals, as well as
instruments/paraphernalia and/or laboratory
equipment, the same shall be submitted to the PNP
Crime Laboratory for laboratory examination and
proper disposition.
g. Containers, packaging, equipment, etc., suspected of
containing trace amounts of drugs including
controlled precursors and essential chemicals will be
considered drug evidence and shall be submitted for
analysis.
1. In every negotiation operation, a “seizing officer” shall be designated
who shall be responsible for the inventory and initial custody of all drug
and non-drug evidence during the anti-drug operations. These will later
be turned over to the investigation officer or any member of the
apprehending team, as the case maybe, or to the Crime Laboratory for
laboratory examination and proper disposition.
i. Cell phones, computers/laptops or any other electronic
equipment or gadgets shall be properly preserved for evidentiary
purposes and technical exploitation.
j. A certification of the forensic laboratory examination results,
which shall be done under oath by the forensic laboratory
examiner, shall be issued within twenty-four (24) hours after the
receipt of the subject item/s: Provided, that when the volume of
the dangerous drugs, plant sources of dangerous drugs, and
controlled precursors and essential chemicals does not allow the
completion of testing within the time frame, a partial laboratory
examination report shall be provisionally issued stating therein
the quantities of dangerous drugs still to be examined by the
forensic laboratory: Provided, however, that a final certification
shall be issued on the completed forensic laboratory examination
on the same within the next twenty-four (24) hours.
Rules on Anti-Kidnapping Operations
The Anti-Kidnapping Group (AKG) is the PNP’s lead unit in the conduct of
anti-kidnapping operations which operates in close coordination with the
local police units, other law enforcement Agencies and the community.
Types of Kidnapping
a. Kidnapping by Organized Crime Group/Criminal Group (with
ransom)
b. Kidnapping by Threat Groups/Terrorists
c. Kidnapping by Other Individuals
Concept of Operation
a. Upon receipt of kidnapping incident report, the police officer shall
make an incident recording, deploy first responders and alert all
concerned authorities/tasked groups like the local territorial
units, Criminal Investigation and Detection Group and the Anti-
Kidnapping Group (AKG).
b. Upon initial assessment of the type of kidnapping and upon
confirmation that the kidnapping incident is true, the case shall
be referred to the AKG, other territorial units or to higher
authority
c. If the kidnapping was perpetrated by Organized Crime
Group/Criminal Group (OCG/CG) and with ransom demand, it
shall be referred to the AKG for their initial action/operational
response.
d. If the kidnapping was perpetrated by Threat Groups/Terrorists, it
shall be referred to the higher authorities for the activation of
AFP-PNP Joint Task Force, Critical Incident Management
Committee (CIMC) or Critical Incident Management Task Group
(CIMTG); local Chief Executive; and other concerned agencies.
e. If kidnapping was perpetrated by other individuals, it shall be
referred to the concerned PNP territorial units for appropriate
operational response.
PNP Critical Incident Management Operational Procedures
As a matter of policy, human-induced (man-made) critical incidents are the
responsibilities of the National and Local Peace and Order Council (NPOC)
while natural calamities and disasters are the responsibilities of the National
and. Local Disaster Risk Reduction and Management Council (NDRRMC),
Lower level organizations of the NPOC and NDRRMC take cognizance of the
responsibilities ascribed in their national organization. The PNP, being at the
forefront of crisis situations, must play an active role by organizing its own
Incident Management Committee (IMC) in support to the NPOC and NDRRMC.
The Secretary of the Interior and Local Government is designated as the
Cabinet Officer Primarily Responsible (C-OPR) for threats to peace and order
such as civil disturbance, violent labor strikes, riots, anarchy, disorderly mass
demonstrations. The SILG acts also as the Vice Chairman on Disaster
Preparedness, NDRRMC.
Types of Incidents:
PNP incident management operations complement the Peace and Order
Councils (POCs) - CMCs and DRRMCs at all levels from the national, regional,
provincial, city and municipal levels The procedures under this Rule shall be
observed by all PNP Units/Offices with respect to their roles in addressing
man-made incidents and police responses to natural/disaster incidents.
a. Man-Made Incidents In the event of man-made incidents, the PNP shall
respond to two different situations:
1) To manage an incident that could be resolved by the responding
policemen without the involvement of CMC (ex: hostage-taking of a father to
his son);
2) To manage an incident that needs a CMC-directed
operation that requires the implementation of special
tasks by one or more of the urgent services of the
Philippine government (ex: raids or attacks by lawless
elements on a community causing significant impacts in
the social, economic, security, and political situation in
the affected area). Both actions of the PNP in eithes
situation follow the ICS operational procedures.
b. Natural/Disaster Incidents In the event of natural/
disaster incidents, the PNP shall act as the first responder in the affected
area in order to provide area security and support to the conduct of search
and rescue operations to be spearheaded by the area DRRRMCS. All actions
of the PNP in addressing these critical incidents are in support to the POC-
CMCs and DRRMCs with common objectives of saving lives and properties,
resolution of the critical incidents at the earliest possible time, and
restoration of normalcy in the affected areas. Based on the new National
Crisis Management Core Manual series of 2012, the National Crisis
Management Framework provides a comprehensive approach to
understanding the components of a crisis or the 5Ps of crisis management:
Predict, Prevent, Prepare, Perform and Post-Action and Assessment.
Five P's of Crisis Management
The 5 Ps are executed in three phases - proactive (predict, prevent, prepare);
reactive (perform); and post conflict onflict (post (post action and sessment).
Proactive Phase - is designed to predict or prevent the probability of
occurrence of crises at the same time prepare to handle them when such
occur.
a. Predict attempts to remove uncertainty from the future. The Predict
component is undertaken through Strategic, Operational and Tactical
Situation Awareness (SA) processes. Strategic SA is producing oresight
and conveying strategic warnings through Horizon Scanning or
Strategic Forecasting. It scans the environment, identifying weak
signals, drivers, inhibitors, wildcards, threats, hazards, risks,
opportunities. and vulnerabilities, among others, develops foresight
and conveys strategic warnings. Operational and Tactical SA is
producing detailed reports against a specified threat, describing the
operating environment where a threat or a crisis could emerge; the
threat or the crisis itself, its potential of becoming a crisis; and current
efforts and capabilities of agencies/departments addressing the threat
or crisis.
b. Preventa deliberate action aimed at avoiding future harm by addressing its
causes. It is closely related to mitigation which accepts that a potentially
harmful incident cannot be prevented, but harmful consequences arising
from it can be minimized by precautionary measures. The two (2) preventive
measures are: the first involves a long-term strategy that is expected to yield
effects over years; and, the other is operational in nature (e.g. target
hardening). Prevention capability is essentially physical security. It is the
responsibility of government security forces with the support of Barangay
Peacekeeping Action Teams (BPATS) For man-made incidents, it requires
vigilance and alertness to signs and manifestations of suspicious looking
individuals; warning and alert systems have to be established to alert the
population to minimize the effects of terrorism attacks in terms of casualties
and damages, active and passive security measures.
c. Prepare essential for effective response. It covers six (6) essential
activities: Plan, Organize, Train, Equip, Exercise and Evaluate and Improve.
Simulation and tabletop exercises evaluate the effectiveness of preparations,
bring out flaws and weaknesses and enable corrections and remedies to be
effected, to heighten levels of readiness of systems, procedures,
organization, equipment and logistics, to better cope with actual crisis.
Reactive Phase is the institution of passive and active
security measures, remedy or solution to destabilizing factors or security
flaws to such crisis, crisis, or emergency, vigilance and alertness to signs or
manifestations of developing crisis, or emergency and establishment of alert
systems.
d. Perform the actual implementation of contingency plans when a crisis
occurs, despite the pro-active measures undertaken. Once a crisis occurs,
priorities shift from building or enhancing capabilities to employing resources
to save lives, protect property and environment, and preserve the social,
economic and political structure of the jurisdiction.
Post Conflict Phase is the situation when the proactive and reactive phases
were all done.
e . Post-Action and Assessment a component which
begins when the crisis has been addressed and the situation is deemed clear.
It is in this phase where the organization
returning to business as usual. Post -Action activities seek ways to evaluate
and improve prevention, preparation and the actual execution.
Incident Command System (ICS)
The PNP's ICS, patterned under NCMCM's ICS is structured in six major
functional areas: Command, Operations, Planning, Logistics,
Finance/Administration and Intelligence/Investigation as an optional sixth
functional area that is activated on a case to case basis. Every level of the
ICS has the corresponding role to play in Critical Incident Management
operations.
a. Incident Command/ Incident Commander (IC) - the person designated by
the Chairman, CMC to provide the overall supervision and management in
handling incident response operations. He manages the human and other
resources necessary to address the crisis.
b. Command Staff (CS) - Provides technical advice to the IC and they are:
1) The Safety Officer (SO) - monitors safety conditions and develops
measures for assuring the safety of all assigned personnel.
2) The Public Information Officer (PIO) - serves as the conduit for information
to internal and external stakeholders, including the other organizations
seeking information directly from the incident or event.
3) Liaison Officer (LO) - serves as the primary contact for supporting
agencies assisting at the incident.
4) Negotiation Team (NT) serves as the lead team in
communicating/negotiating with the suspects or perpetrators of the crisis
incident (Negotiation Team will be included only when the critical incident
incident requires like during hostage incidents).
c. General Staff (GS) provides planning and operations direction and
supervision, resources procurement and allocation, and support services.
They are primarily composed of:
1) Operations/Plans Staff (OPS) - tasked with directing all
actions to meet the incident objectives.
2)
3) Intelligence and Investigation Staff (IIS) – tasked with the
collection and display of incident information, primarily
consisting of the status of all resources and overall status
of the incident.
4) Budget and Logistics Staff (BLS) tasked with tracking
incident related costs, personnel records, requisitions,
and administrating procurement contracts required by
Logistics.
5) Administrative Staff (AS) – tasked with supervising all
human resources and other administrative services and
support required by the incident.
Alert Levels During Human-Induced (Man-Made) Critical Incident
Appropriate man-made critical incident alert level shall be disseminated by
DO to all concerned offices through the PNP National Operations Center
(NOC).
a. Level 1 (Low) There is no information to suggest a specific man-
made Critical Incident may occur.
b. Level 2 (Moderate) possible, but not likely. Man-made Critical
Incident is
c. Level 3 (High) – There is a strong possibility that manmade
Critical Incident may occur within a short period of time.
d. Level 4 (Extreme) A man-made Critical Incident has just occurred
or has just been pre-empted; or incidents are expected.
Stages in Disaster Management
a. Pre- Disaster Stage – Pro-active Assessment (Level 1 – Green):
When there are no disasters or calamities:
1) Conduct of Risk Mapping and identification of disaster.
Prone areas;
2) Identification of staging areas, evacuation routes and evacuation centers:
3) Conduct of disaster drills (earthquake, fire, etc.) simulation exercises and
trainings;
4) Holding of regular Task Groups and Sub-Task Groups meeting together with
respective levels of the National Disaster Risk Reduction and Management
Councils;
5) Capability enhancement (Manpower, Machines, Materials, Money and
Methods);
6) Production and distribution of Information Education Campaign materials;
and
7) Conduct of community organizational work for various purposes such as:
a) Sewerage clean-up;
b) De-clogging of water ways, canals, esteros;
c) Clearing of squatter shanties and unauthorized occupants in disaster
prone areas; and
d) Other community mobilization activities.
b. Disaster Response Stage Management (Level 2 - Red): Disaster Incident
When there is an official forecast of an incoming natural disaster in the
country and when an unexpected natural disaster suddenly occurs in the
country:
1) Activation of Disaster Incident Management Task Groups in areas expected
to be hit by the weather disturbance twenty-four (24) hours prior to the
expected landfall or occurrence;
2) Employment of alarm and warning systems as stipulated under DILG MC
2009-165, such as the use of police sirens and other portable warning
systems capable of producing loud wailing sound;
3) Activation of the PNP Disaster incident Management Committee;
4) Coordination with NDRRMC to support its disaster response;
6) Activation of PNP SCDM National Disaster Operations
Center (NDOC) to be co-located at the NHQ PNP National Operations Center;
7) Activation of Command Post by Task Groups whose area is
hit by the disaster;
8) Forced relocation/pre-emptive evacuation of residents in
flood-prone areas in coordination with corresponding
LDRRC; and
9) Conduct of timely and rapid disaster response according
to the needs in the disaster/calamity area such as search
& rescue operation, evacuation & relief operation,
emergency medical services, and security & traffic
management operation in support and coordination with
NDRRMC.
d. Post-Disaster Stage Support to Recovery and Rehabilitation
Efforts (Level 3- White):
1) Get reports from concerned Disaster Risk Reduction and
Management Council the Damage Assessment and Needs
Analysis of the affected areas;
2) Deployment of relief personnel for relief operations;
3) Provide security and traffic assistance to returning
evacuees;
4) Submit After Disaster Response Report to C, PNP copy
furnished DRRMC; and
5) De activation of the PNP SCDM by the C, PNP through the
Chairman/Task Coordinator, PNP SCDM when the situation
is already manageable in disaster-stricken area.
Organization and Structure of CIMC/CIMTG/DIMTG
In accordance with Executive Order 320, as amended, NPOC has constituted
Crisis Management Committees (CMCs) at all levels specifically to take
decisive action in emergency situations.
a. The Peace and Order Council (POC) Crisis Management
Committee (CMC)
The Crisis Management Committee (CMC) is primarily concerned with the
formulation of crisis management procedures, integration and orchestration
of government, military/police and public efforts towards the prevention and
control of crisis incidents. All actions and decisions taken by the CMC shall be
within the policies laid down by the corresponding Peace and Order Councils
(PCOS).
b. THE PNP NHQ Critical Incident Management Committee (PNP
NHQ CIMC)
In support to the mandates of CMCs, the PNP NHQ shall organize its Critical
Incident Management Committee (PNP CIMC) with four (4) sub- committees
namely: sub-committee on criminality, sub- committee on
destabilization/public disturbances, sub- committee on terrorism and sub-
committee on disasters. This Committee shall take cognizance of all human-
induced (man-made) critical incidents at the national level and shall
supervise/oversee operations of concerned units and agencies to mitigate its
effects on the general populace. It shall be composed of TDCA as the
Chairman, TDCO as the Vice-Chairman with TDPRM, TDI, TDO, TDL, TDPL,
TDC, TDIDM, TDHRDD, TDRD, TDICTM and TDIPOs as Members of NHQ CIMC
and C, NOC,DO as the Head Secretariat.
1) Sub-Committee on Criminality – shall take cognizance on
act/s or omission/s against public law/s which tends to
prejudice the community and is punishable by the courts
of justice. TDIDM as Chairman, Deputy DIDM as Vice-
Chairman with the following members: DIPO, DPCR, DO,
DI, DC, DL, CIDG, CL, IG, LS, HPG, MG, SAF, AvSeGrp,
AKG, NOC, PIO, RD, PRO, Other NSUs, and CMD, DIDM as
the Secretariat.
On Destabilization/Public 2) Sub-Committee Disturbances shall take
cognizance on threats posed by destabilizers which include military
uprisings, demonstrations, rallies, sabotage of key installations, etc., or a
combination thereof, undertaken separately or jointly by anti-government
forces from the left and right of the political spectrum. These critical
incidents, backed oftentimes by disgruntled uniformed personnel and
politicians with vested interest, are undertaken primarily to undermine the
present leadership, thereby rendering it unstable and incapable of effective
governance or surviving with the end in view of averting the status quo
to replace the government. TDO as Chairman, Deputy DO as Vice-Chairman
with the following members DIPO, DPCR, DPRM, DC, DL, DIDM, IG, CIDG, MG,
CL, HPG, LS, SAF, AvSeGrp, NOC, PIO, RDS PRO, other NSUs and SOD, DO as
the Secretariat.
3) Sub-Committee on Terrorism - shall take cognizance on acts punishable
under any of the following provisions of the Revised Penal Code: Article 122
(Piracy in general and Mutiny in the High Seas or in the Philippine Waters);
Article 134 (Rebellion or Insurrection); Article 134a (Coup d'état) including
acts committed by private persons; Article 248 (Murder) thereby sowing and
creating a condition of widespread and extraordinary fear and panic among
the populace, in order to coerce the government to give in to an unlawful
demand. TDI as Chairman, Deputy, DI as Vice-Chairman with the following
members: DIPO, DC, DL, DPCR, DIDM, DO, SAF, HPG, MG, IG, CIDG, CL, HS,
AvSeGrp, LS, NOC, PIO, RD, PRO, other NSUs and IOD, DI as the Secretariat.
4) Sub-Committee on Disaster Management (PNP SCDM) TDPCR as the
Chairman/Task Force Commander, Dep DPCR as the Deputy, Chairman and
the following are the members: DPRM, DI, DL, DPL, DC, DIDM, DHRDD, DRD,
DICTM Other NSUs and Community Affairs Division (CAD), DPCR as the
Secretariat. The PNP shall organize Task Groups from the National Hqs down
to the City/Municipal Police Stations following the Incident Command System
ICS Structure: Critical Incident Management Task Group (CIMTG) to address
human-induced (manmade) incidents and Disaster Incident Management
Task Group (DIMTG) to address disaster incidents.
c. The Critical Incident Management Task Group (CIMTG). To carry
out the mandates of the PNP Critical Incident Management
Committee (PNP CIMC) on human induced (man-made) incidents,
Critical Incident Management Task Groups (CIMTGs) shall be
organized and replicated at the PRO/NCRPO (Regional) level
down to the PPO/CPO, CPS/MPS (City/Municipal) level following
the PNP'S ICS structure.
The Incident Commander shall be designated by the Chairman, CMC and
CIMTG to be complemented by the Officers of the Office/unit who has
functional staff functions in the organization. At the
Regional/Provincial/City/Municipal level, the PNPs response to any crisis will
be to activate CIMTG for human-induced incident and DIMTG for natural
disaster. The Regional Director/Provincial/City Director/ COP shall have the
authority to activate the CIMTG or DIMTG.
The following are considered as human - induced critical incidents:
1) Incidents like abduction, involving prominent personalities such as
national and local government officials, foreign nationals (diplomats,
ambassadors, consuls, attachés, foreign tourists), religious leaders from
various religious congregations, and other personalities whose involvement
in incidents may result in controversies;
2) Incidents involving national security such as attacks on vital installations,
communities and prominent personalities;
3) Jailbreaks;
4) Heinous crimes like assassination, ambush involving prominent
personalities;
5) Robbery hold-up, armored van robbery, and bank robbery perpetrated by
syndicated groups;
6) Election-Related Violent Incident (ERVI);
7) Surrender of enemy personalities and notorious criminals wanted by law;
8) Coup d'etat; and
9) Other similar man-made critical incidents that may result in human
casualties and/or destruction of properties. As applicable, the following shall
be designated to handle the functional responsibilities of the CIMTG
depending on the level of its activation.
Incident Commander: DRDO/DDO/DPDO/DCDO/DCOPO Deputy Incident: C,
ROPD/C, DOPD/C, Commander OPB/ C, OPNS
Public Information Officer:
Unit C, PIO Liaison Officer:
PCR Officer Safety Officer: AC, ROPD/AC, DOPD/AC, OPB/AC, OPNS
Operations /Plans Staff: C, ROPD/C, DOPD/C, OPB/ C, OPNS
Intel/Invest Staff: C, RID/ C, DID/C, PIIB/ CIIB/C, IIS
Budget And Logistics Staff: C, RLRDD/C, DLRDD/C, PLRDD/CLRDD/C,
C/MLRDD
Admin Staff: C, RPHRDD/C, DPHRDD/C, PHRDD/CHRDD/C, C/M HRDD
d. Disaster Incident Management Task Group (DIMTG)
A Disaster Incident Management Task Group shall also be established and
shall serve as a specialoperating task group of the PNP SCDM and assist the
PRO Disaster Incident Management Task Groups as the Chairman/Task
Coordinator, PNP SCDM may direct. The NHQ PNP shall be composed of the
NSUs to be headed by the Director, PNP Special Action Force (PNP SAF) as
Task Group Commander with the Deputy Director of PCRG as the Deputy Task
Group Commander.
DIMTGs shall also be activated at the PRO/PPO/CPO/CPS/MPS level depending
on the affected area. As a matter of rule, a Regional DIMTG shall be activated
if two (2) or more Provinces/Cities are affected by disaster, a Provincial
DIMTG shall be activated if two (2) or more municipalities are affected and a
Municipal DIMTG shall be activated if two (2) or more barangays are affected.
The following are considered natural disaster incidents:
1) Floods;
2) Landslides;
3) Volcanic Eruption;
4) Earthquake;
5) Tidal Wave;
6) Tsunami;
7) Typhoons;
8) Drought; and
9) Other natural hazards that may lead to colossal loss of property and lives.
As applicable, the following shall be designated to handle the functional
responsibilities of the DIMTG:
Incident Commander: D, SAF/DRDA/DDA/DPDA/DCDA/DCOPA
Deputy Incident: DEP IC-DD, PCRG/Commander DRDO/DPDO/DCDO/DCOPO
Public Information Officer: Unit C, PIO
Liaison Officer: DD, PCRG/C,RPCRD/C, P/CPCRB/C, C/MPCRS
Safety Officer: C, CAD, PCRG/C, IOB RPCRD/C, IOS P/C PCRB/C,
Operations/Plans Staff: DD, SAF/ C, ROPD/C, DOPD/C, P/C OPB/C, C/M
Budget And Logistics Staff: DD, LSS/ C, RLRDD/C, DLRDD/ C, P/C LRDB/C, C/M
LRDS
Admin Staff: DD, DPRM /C, RPHRDD/C, DPHRDD/C, P/C HRDD/C, C/M HRDD
Crisis Escalation Protocol
The responsibility of addressing crisis can be transferred during an incident if
it grows beyond the capability of the established CIMTG in handling the
growing needs of the incident or if there is Jurisdictional change, when the
incident moves location or area of responsibility. Whatever the reason, the
transfer of responsibility during crisis must always include transfer of
command briefing which may be oral, written or a combination of both that
should be attended by the key members of the CIMC/CIMTG.
To attain a smooth transition of command responsibility, the table below
shows the conditions or situations in any crisis level that will be considered in
the handover of responsibilities from local to national:
Involve CMC Conditions or Situations
Municipal/City
Local PNP and CMC are in control of the situation
Appropriate resources are available and capable at Municipal/City level
Provincial
Local PNP at the Municipal/City level are unable to resolve the crisis within
their capabilities
Municipal/City CMC recommends elevation of the crisis level
Situation requires employment of security forces and utilization of resources
of the provincial level organizations and beyond
Incident affects two or more municipalities within the same province
Regional
Situation requires employment of security forces and utilization of resources
of the Regional level organizations and beyond
Upon the recommendation of the Provincial CMC
Incident involves foreign nationals, either perpetrators or victims
Crisis affects peace process, national tourism industry and other major
industries
National
Incident affects two or more region
The highest terrorist threat level involving mass casualty attacks
National issues are at stake such as food, water, energy, security, critical
transportation and communication structure, and environment are
threatened
. Upon recommendation of the Regional CMC
General Rules on Media Relations during Crisis
a. It is the responsibility of any Unit Head/Chief or Ground Commander to
respond to queries raised by the press, as well as decide on what media lines
or press releases would be given out to the media unless, he delegates this
responsibility to the unit PIO or spokesperson.
b. No information regarding the incident shall be released without clearance
from the Ground Commander.
C. Ground Commander must designate/establish a media area for pooled
coverage and ensure safety of all media personnel covering the incident.
d. Media practitioners shall be confined to an area designated by the incident
commander and never, in the process of hostage-taking incident, be allowed
to air live coverage of unfolding event.
e. Suspect/s arrested for any violation of the law shall in no case be
presented in a 'firing line' to the media and must maintain a limit of
disclosure.
1. In cases when information must be denied/withheld to the press, the basis
for such shall be fully and courteously explained.
d. Ranking officer at crime or incident scenes may provide factual
information to the media subject to the limitation by existing policies.
h. In cases of inter-agency operations, the department/agency with primary
jurisdiction will determine the dissemination of appropriate media lines.