Pointers for Midterm PDF

**CHAPTER 1 GENERAL PRINCIPLES** Regardless of the type of function to be performed and/or police operations to be conducted, all PNP personnel must know by heart and shall comply with and apply the following principles and procedures: **RULE 1. FUNCTIONS OF A POLICE OFFICER** **1.1 To Serve and...

**CHAPTER 1 GENERAL PRINCIPLES** Regardless of the type of function to be performed and/or police operations to be conducted, all PNP personnel must know by heart and shall comply with and apply the following principles and procedures: **RULE 1. FUNCTIONS OF A POLICE OFFICER** **1.1 To Serve and Protect** - The responsibility of every police officer is to serve the public and protect life and property. No police operation shall be conducted in order to serve or protect the illegal activity of a particular person, group or criminal syndicate. **1.2 To Observe Human Rights and Dignity of Person** - All PNP personnel shall respect the human rights and dignity of the suspect/s during police operations. **RULE 2. POLICE UNIFORM, ATTIRE AND ACCESSORIES** **2.1 Agency Prescribed Uniform** - A police officer shall always wear the agency prescribed uniform which is appropriate for the kind of police operation to be undertaken. **2.2 Appearing Before the Public** - When wearing the police uniform, a police officer shall, at all times, appear presentable, smart and well-groomed. While on actual patrol duties, he shall refrain from eating along the sidewalks, smoking and reading newspapers. **2.3 Carrying of Police Notebook, Pen and Miranda Warning Card** - Every police officer on patrol, whether on board a vehicle or on foot patrol, must always carry with him a police notebook, a pen and the Miranda Warning Card. The notebook, which is approximately pocket-sized, will be used to inscribe important events that transpire during his tour of duty. **2.4 Carrying of Non-Lethal Weapon in the Police Rig** - Every police officer shall carry in his prescribed rig a non-lethal weapon (pepper spray, baton or stun gun), which shall be primarily used in a non-armed confrontation with an uncooperative and unruly offender during the arrest. **RULE 3. CATEGORIES OF POLICE OPERATIONS** Police operations are categorized as follows: **3.1 Public Safety Operation --** includes Search, Rescue and Retrieval Operations, Fire Drills, Earthquake Drills and similar operations that promote public safety. **3.2 Law Enforcement Operation --** includes Service of Warrant of Arrest, Implementation of Search Warrant, Enforcement of Visitorial Powers of the Chief, Philippine National Police and Unit Commanders, Anti-Illegal Drugs Operation, Anti-illegal Gambling Operations, Anti-Illegal Logging Operations, Anti-Illegal Fishing Operations, Anti-Carnapping Operations, Anti-Kidnapping Operations, Anti-Cyber Crime Operations and similar operations that are conducted to enforce laws, statutes, executive orders and ordinances. **3.3 Internal Security Operation --** includes Counter-Insurgency Operations, Counter Terrorist Operations and similar operations that are conducted to ensure internal security. **3.4 Special Police Operation --** includes Checkpoint Operation, Roadblock Operation, Civil Disturbance Management Operation, Police Assistance in the Enforcement of Demolition Eviction Injunction and Similar Orders, Police Assistance in the Implementation of Final Court Order and Order from Quasi-Judicial Bodies, Hostage Situation, Visit Board Search and Seizure Onboard Marine Vessels and similar police operations that are conducted by police units with specialized training on the peculiarity of the mission or purpose. **3.5 Intelligence Operation --** includes Surveillance Operation, Counter Intelligence, Intelligence Research, Intelligence Assessment and similar police intelligence operation conducted to gather information related to security, public safety and order. **3.6 Investigation Operation --** includes Investigation of Crime or Incident, Administrative Investigation and similar investigative work necessary to determine facts and circumstances for fi ling cases criminally or administratively. **3.7 Scene of the Crime Operation (SOCO)** -- includes the processing of crime scene, technical and forensic examination of evidences and similar scientific investigative assistance. "Be doers of the word and not hearers only, deceiving yourselves." (James 1:22) **CHAPTER 2 OPERATIONAL PROCEDURES** **RULE 4. PRE-OPERATIONAL CLEARANCE** - No police operation shall be conducted without the approval of the Chief/Commander/Head of the concerned Police Unit/Office. A pre-operational clearance shall be fi led by the Team Leader of the operating team/s prior to the conduct of the operation and shall be approved by the concerned Police Unit Commander. This clearance shall be submitted to the operations section/division of the concerned police unit for record purposes. **RULE 5. INTER-UNIT COORDINATION** **5.1 Personal Coordination or by Official Representative** - Team Leader/s (TL) of local police units operating outside their territorial jurisdiction and National Support Units (NSUs) shall coordinate, personally or through an offi cial representative, with the Police Regional, Provincial or City Police Office within whose jurisdiction the operation is to be conducted. **5.2 Coordination by Filing Coordination Form** - Prior to the launching of the operation, except in cases where the formal (in writing) inter-unit coordination cannot be made due to the nature and/or urgency of the situation such as, but not limited to, cross-jurisdictional pursuit operations, coordination should be made formally using the prescribed Coordination Form, which shall be filed with the concerned operation center of the Police Regional, Provincial or City Office (Annex "A" -- Coordination Form). **5.3 Coordination by Practical/Available Means of Communication** - In cases where formal inter-unit coordination is not feasible, the Police Unit concerned shall endeavor to notify the territorial police office through any practical/available means of communication at anytime during the operation and, if not possible, shall accomplish and furnish the territorial Police Office a written incident report immediately after the termination of the operation. **RULE 6. REQUIREMENTS OF POLICE OPERATIONS** **6.1 Basic Requirements** - Police operations like arrest, search and seizure, checkpoint, roadblocks, demolition and civil disturbance management shall be conducted as follows: a. With a marked police vehicle; b\. Led by a Police Commissioned Officer (PCO); and c\. With personnel in prescribed police uniform or attire. **6.2 Use of Megaphones and Similar Instruments** - During actual police intervention operations, the Team Leader shall use peaceful means including the use of megaphones or any other similar instruments to warn or influence the offender/s or suspect/s to stop and/or peacefully give up. **6.3 Warning Shots Prohibited** - The police shall not use warning shots during police intervention operations. **RULE 7. USE OF FORCE DURING POLICE OPERATIONS** **7.1 Use of Excessive Force Prohibited** - The excessive use of force during police operation is prohibited. However, in the lawful performance of duty, a police officer may use necessary force to accomplish his mandated tasks of enforcing the law and maintaining peace and order. **7.2 Issuance of Verbal Warning** - The police officer must first issue a verbal warning before he could use force against an offender. As far as practicable, the verbal warning shall be in the dialect that is known to the offender or in the national language. Basically, the verbal warning shall consist of the following: the police officer identifying himself; his intention; and what he wants the offender to do. - If the offender is a foreigner, the verbal warning shall be done in the English language followed by a demonstrative act of the police officer's intent. The verbal warning shall be done in a loud and clear manner. **7.3 Non-Issuance of Verbal Warning When Excusable** - The failure to issue a verbal warning is excusable in cases where threat to life or property is already imminent, and there is no other option but to use force to subdue the offender. **7.4 Use of Non-Lethal Weapon** - When suspect is violent or threatening, and that less physical measures have been tried and deemed inappropriate, a more extreme, but non-deadly measure can be used such as baton/truncheon, pepper spray, stun gun and other nonlethal weapon to bring the suspect under control, or effect an arrest. **7.5 Application of Necessary and Reasonable Force** - During confrontation with an armed offender, only such necessary and reasonable force should be applied as would be sufficient to overcome the resistance put up by the offender; subdue the clear and imminent danger posed by him; or to justify the force/act under the principles of self-defense, defense of relative, or defense of stranger. **7.6 Factors to Consider in the Reasonableness of the Force Employed** - A police officer, however, is not required to afford offender/s attacking him the opportunity for a fair or equal struggle. The reasonableness of the force employed will depend upon the number of aggressors, nature and characteristic of the weapon used, physical condition, size and other circumstances to include the place and occasion of the assault. The police officer is given the sound discretion to consider these factors in employing reasonable force. **7.7 Responsibility of the Police Officer in Charge of the Operation** - The police officer who is in charge of the operation shall, at all times, exercise control over all police personnel in the area of operation, and shall exhaust all possible means to apply the necessary and reasonable force to protect lives and properties during armed confrontation. **RULE 8. USE OF FIREARM DURING POLICE OPERATIONS** **8.1 Use of Firearm When Justified** - The use of firearm is justified if the offender poses imminent danger of causing death or injury to the police officer or other persons. The use of 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. **8.2 Firing at Moving Vehicles Prohibited But with Exceptions** - A moving vehicle shall not be fi red upon except when its occupants pose imminent danger of causing death or injury to the police officer or any other person, and that the use of firearm does not create a danger to the public and outweighs the likely benefits of its non-use. **8.3 Parameters to be Considered in Firing at Moving Vehicles** - In firing at a moving vehicle, the following parameters should be considered: a\. The intent of the suspect/s to harm the police officer or other persons; b\. The capability of the suspect/s to harm with certainty the police officer or other persons; and c\. Accessibility or the proximity of the suspect/s from the police officer and other persons. **8.4 Filing of an Incident Report After the Use of Firearm** - A police officer who 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. **8.5 Procedures After an Armed Confrontation** - Immediately after an armed confrontation, the officer who is in charge of the operation shall: a\. Secure the site of confrontation; b\. Take photographs; c\. Check whether the situation still poses imminent danger; d\. Evacuate the wounded to the nearest hospital; e\. Ensure that all persons who died on the spot are not moved from their original position; f\. Arrested suspects should be kept in isolation; g\. Conduct debriefing on all involved PNP operatives; h\. Submit After-Operations Report; and i\. Ensure psychological stress counseling for all involved PNP operatives. **RULE 9. PATROL PROCEDURE** **9.1 Patrol Guidelines** **9.2 Duties of Patrol Supervisors** a\. In any operation, careful planning is a must in order to avoid waste of time, effort and resources. Make a patrol plan with the following details: \(1) Area Coverage: safe haven, ambush areas and crime-prone areas; \(2) Organizational Detail of Personnel; \(3) Duration; \(4) Stand-by points; and \(5) Route plan. **9.3 Duties of Patrol Officer** **9.4 Guidelines and Procedures when Responding to Calls for Police Assistance** a\. Gather and note down in the patrol officer's logbook all available data as to the nature of the calls, date, time and name of the caller. b\. The manner of approach will be dependent on the nature of the call, either with haste/secrecy or with/ without flashing lights and sirens. c\. Consider the pertinent factors like the time, traffic conditions, the possibility of greater damage and the neighborhood characteristics. d\. Stop the patrol car some distance from the scene. e\. Approach the scene on foot, in complete silence and exercising extreme caution. f\. Immediately attend to the injured, unless the other members of the patrol are in immediate danger. g\. Focus all efforts to arrest criminals; however, priority shall be given to aiding the injured. h\. Determine the crime committed, identify and question briefly the victim/complainant and possible witnesses at the scene. i\. If the suspects or criminals have fled the scene before the arrival of the patrol team, immediately relay the composition, armament, appearance, and mode and direction of escape of the suspects to the Operations Center for the conduct of dragnet operations. j\. When responding to street fights/brawls, the patrol member should call for back-up before intervening. If there are no injuries and insufficient corroborative statements obtained to identify who started the fight, disperse the crowd and make complete notes. k\. Never treat calls or complaints of loud noises caused by barking dogs, drunks, appliances and parties as negligible or a nuisance l\. When responding to calls for police assistance due to planted or found explosives, never attempt to handle, move or lift the object. Instead contact Operations Center and request for Explosive Ordnance Disposal Team (EODT). On-lookers must be promptly led to a safe distance away from the scene. (Refer to Rule 34). m\. 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. n\. Do not attempt to arbitrate and resolve conflicts/ differences between neighbors, landlords/tenants, husband and wife. **RULE 10. SPOT CHECKS/ACCOSTING AND PAT-DOWN SEARCHES** **10.1 Grounds for Spot Check/Search** a\. Spot Check/Accosting. The police officer may stop an individual for the purpose of conducting a spot check/ accosting only when reasonable suspicion exists. Reasonable suspicion must be more than just a hunch or feeling. In justifying the stop, the police officer must be able to point to specific facts that, when taken together with rational inferences, reasonably warrant the stop. Such facts include, but are not limited to, the following: \(1) The appearance or demeanor of the individual suggests that he is part of a criminal enterprise or is engaged in a criminal act; \(2) The actions of the individual suggest that he is engaged in a criminal activity; \(3) Questionable presence of the individual in the area; \(4) The subject is carrying a suspicious object; \(5) The suspect's clothing bulges in a manner that suggests he is carrying a weapon; \(6) The suspect has been found in the time and place proximate to an alleged crime; \(7) The police officer has knowledge of the suspect's prior criminal record or involvement in criminal activity; and \(8) The individual flees at the sight of a police offi cer. b\. Body Frisk/Pat-Down Search. A police officer has the right to perform a pat-down search if the individual has been legitimately stopped with reasonable suspicion and when the police officer has reason to believe that the individual possesses weapon/s on his person and poses a threat to the police officer's or another person's safety. Circumstances which may justify pat-down search: \(1) The type of crime believed to be committed by the subject, particularly crimes of violence where the threat of use or use of deadly weapon is involved; \(2) Where the police officer handles several suspects; \(3) The time of the day and the location where the patdown search took place; \(4) Prior knowledge by the police officer of the suspect's use of force and/or propensity to carry deadly weapons; \(5) The appearance and demeanor of the suspect; \(6) Visual indications suggesting that the suspect is carrying a firearm or other deadly weapon; and \(7) Whenever possible, pat-down searches should be performed by police officers of the same gender. **10.2 Procedures and Guidelines** **a. Spot Check/Accosting-** The police may stop an individual for the purpose of conducting spot check/accosting only when reasonable suspicion exists. Reasonable suspicion must be more than just a hunch or feeling. **b. Body Frisk/Pat-Down Sear**ch- A pat-down search is when a police officer pats down the outer surfaces of a person's clothing in an attempt to find weapons. A pat-down search constitutes a search under the Fourth Amendment. Pat-down searches, incident to an investigatory stops, are usually made without a warrant and justified if the officer has reasonable suspicion that the person being searched is armed and dangerous. **10.3 Reporting after the Spot Check/Accosting or Pat-Down Search** **RULE 11. CHECKPOINTS** **11.1 Authority to Establish Checkpoints** - Checkpoint is a place where the police check vehicular/ pedestrian traffic in order to enforce circulation control measure and other laws, orders, and regulations. **11.2 Composition** - In the conduct of checkpoint, the checkpoint team shall be composed of, but not limited to, the following: **a. Team Leader (TL) -** shall lead and take responsibility in the conduct of checkpoint preferably an officer with the rank of at least Police Inspector; **b. Spotter -** PNP personnel who will point/profile suspected vehicle subject for checkpoint; **c. Spokesperson -** TL or member who is in charge of communicating with the motorists subject for checkpoint; **d. Investigation Sub-team -** in charge of investigation and documentation of possible incidents in the checkpoint to include issuance of Traffic Citation Ticket (TCT) or Traffic Violation Report (TVR); **e. Search/Arresting Sub-Team -** designated to conduct search, seizure and arrest, if necessary; **f. Security Sub-Team -** tasked to provide security in the checkpoint area; and **g. Blocking/Pursuing Sub-Team -** team tasked to block/pursue fleeing suspects/vehicle. **11.3 Guidelines** a\. Mobile checkpoints are authorized only when established in conjunction with ongoing police operations. Only officially marked vehicles with blinkers turned on, if available, shall be used in establishing mobile checkpoints. b\. Checkpoints are established to enforce circulation control measure, laws, orders and regulations, and when there is a need to arrest a criminal or fugitive from justice. c\. The composition of the personnel manning the checkpoint shall be left to the sound discretion of the Team Leader (TL), with the consideration of female PNP officer in the team especially when there is an anticipated female suspect. d\. The minimum Police Checkpoint team should at least be composed of an 8-man complement, with three verifiers, one spotter, one TL, one profiler, one rear security and one advance security. e\. The Team manning checkpoints must have immediate contact with the LGUs, Public Attorney's Office (PAO) or any member of the Philippine bar, and/or the media (for drug cases). f\. The Team should encourage the participation of, but not limited to, the Local Government Units (LGUs), Civil Society Groups, Non-Governmental Organizations (NGOs), business organizations, other civic groups, media and other stakeholders during the conduct of Police Checkpoint operations. **11.4 Procedure in the Conduct of Regular Police Checkpoint** **11.5 Procedure in the Conduct of On-the Spot (Hasty) Checkpoints** a\. component and the presence of the media in the checkpoint operation shall not be allowed; b\. 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 c\. As soon as the Hasty Checkpoint is converted into a Regular Checkpoint, TL shall follow the procedures under 11.4c of this Rule. **11.6 General Procedure to be Followed When Checkpoints are Ignored** **11.7 Procedure in Flagging Down or Accosting Vehicles While in Mobile Car** - This rule is a general concept and will not apply in hot pursuit operations. **11.8 Dealing with Hostile Situation** - The following are the procedures to be followed in dealing with hostile drivers: **a. Stopping Vehicles** \(1) Follow the procedure stated in paragraphs a to c of Rule 11.7; \(2) Immediately request for back-up; \(3) Follow the suspect and always keep him within visual range; \(4) Expect that the suspect will notice your action at any time. Be prepared for hot pursuit or actual hostile confrontation; \(5) If the back-up is already in the vicinity, inform Headquarters that you are proceeding to accost the suspect; **b. Fleeing Vehicles** \(1) In the event that the motor vehicle did not stop despite the warning given, inform Headquarters or adjacent units so that dragnet operations or police defensive roadblocks can be set-up; \(2) Inform Headquarters of the make or type, plate number and color of the motor vehicle to be accosted including the number of occupants and, if possible, their identity; \(3) State the reason(s) for flagging down the suspected motor vehicle; \(4) Give mobile car's location and its direction before making actual intervention; \(5) When the vehicle of the suspect is cornered or stopped, instruct the driver and other occupants in a clear and commanding voice to follow specifically what you will require of them. **11.9 High-Risk Stop and High-Risk Arrest** **a. Initial Stage** - Upon receipt of information involving movement of armed person or persons, either singly or in group, including unauthorized movement of government troops, or in immediate response to a reported commission of crime perpetrated by armed persons, the PNP shall immediately: \(1) Organize appropriate tactical security forces utilizing maximum firepower and armor assets; \(2) Deploy the security forces to stopping zones in defensive position; and \(3) Seal off the area and establish strong roadblocks/barricades. **b. Effecting a High Risk Stop** - When effecting high-risk stop, the police officer shall: \(1) Exert utmost effort to persuade the suspects to halt or stop their movement. \(2) Start with the procedural conduct of regular warrantless arrest where arrest is inevitable. \(3) Ensure proper documentation of the process. \(4) Respect the rights of all the persons involved. **c. During Violent Stage** - The PNP shall strictly adhere to the PNP Operational Procedures (POP), particularly on the use of force (Rule 7). **11.10 Police Defensive Roadblock** - Police Defensive Roadblock is a temporary installation or hastily built barricade set for halting traffic to facilitate the apprehension/neutralization of an armed person/suspect onboard a motor vehicle. **(PNP Command Memorandum Circular No. 25-13 "Establishment of Police Defensive Roadblocks")** **a. Pre-Conditions in Establishing Police Defensive Roadblocks:** A police defensive roadblock may be established in any of the following conditions/situations: \(1) The object vehicle/s must be the subject of a recent fl ash alarm; \(2) The driver/occupants of the vehicle are presumed hostile and will not stop at the checkpoint; \(3) The vehicle disregarded a police-established checkpoint when flagged down; \(4) The identified vehicle and occupants must be the subject of a police case/combat operational plan; \(5) There is unauthorized troop movement; or \(6) There must be validated information on any of the following: \(a) On-going hot pursuit/police chase; \(b) Movement of suspected armed persons onboard a motor vehicle; \(c) Report of suspected armed men who have just committed a crime; \(d) Vehicle carrying escaped prisoner; or (e) Armed motorcycle riding criminals. **b. Procedures in Establishing Roadblock:** \(1) Before the Roadblock: \(a) Organize appropriate/sufficient police tactical security forces, utilizing maximum firepower and armor assets (if any), with the following team composition: i\. **Team Leader (TL) -** shall lead and take responsibility in the conduct of roadblock preferably an officer with the rank of at least Police Inspector; ii\. **Forward observer/spotter** - PNP personnel who will point/profile suspected vehicle subject for roadblock; iii\. **Spokesperson** - TL or member who is solely in charge of communicating with the armed suspects onboard a motor vehicle subject for roadblock; iv\. **Sniper** - to render the vehicle an-operational to avoid escape and provide firepower support to neutralize armed and hostile suspects during firefight; v\. **Investigation Sub-team -** in charge of investigation and documentation of the roadblock; vi\. **Search/Arresting Sub-Team -** designated to conduct search, seizure and arrest; vii\. **Security Sub-Team -** tasked to provide security in the roadblock area and ensure exclusion of other vehicles and civilians not subject of roadblock; viii\. **Blocking/Pursuing Sub-Team -** tasked to block/pursue fleeing suspects/vehicle; ix**. Medical Sub-Team --** tasked to provide immediate medical assistance if necessary; x\. **Additional tactical personnel/team** may be employed depending on the size of the hostiles; and xi\. **Videographer --** tasked to take videos of the entire roadblock operation. C. **During the Roadblock:** \(a) Establish forward observers/spotters and rear checkpoint; \(b) Deploy security forces in a strategic and defensive position; **D. After the Roadblock:** \(a) When suspect/s surrendered or are arrested: \(b) When suspects engage with troops: \(c) Fleeing Vehicles: **RULE 12. INTERNAL SECURITY OPERATIONS** **12.1 General Mandate** - The PNP is mandated to provide active support to the Armed Forces of the Philippines (AFP) in Internal Security Operations (ISO) for the suppression of the Communist Terrorist Movement (CTM) and other serious threats to national security.(Executive Order No. 546 series of 2006 "Directing the Philippine National Police to Undertake Active Support to the Armed Forces of the Philippines in Internal Security Operations for the Suppression of Insurgency and Other Serious Threats to National Security, Amending Certain Provisions of Executive Order No. 110 series of 1999 and for Other Purposes") **12.2 The PNP in an Active Support Role** **12.3 Defensive Position** **RULE 13. ARREST** **13.1 General Guidelines** a\. All arrests should be made only on the basis of a valid Warrant of Arrest issued by a competent authority, except in instances where the law allows warrantless arrest. b\. No violence or unnecessary force shall be used in making an arrest, and the person to be arrested shall not be subjected to any greater restraint than what is necessary under the circumstances. c\. As a general rule, arrests can be made on any day of the week and at any time of the day or night. d\. Only judges are authorized to issue Warrants of Arrest. e\. A Warrant of Arrest is no longer needed if the accused is already under detention. An Order of Commitment is issued by the judge in lieu of the Warrant of Arrest. f\. The following are immune from arrest: \(1) A Senator or Member of the House of the Representatives while Congress is in session for an offense punishable by not more than six years of imprisonment; and \(2) Diplomatic Agents, Under the Vienna Convention on Diplomatic Relations. **13.2 Warrant of Arrest** - The warrant of arrest is the written authority of the arresting officer when making an arrest or taking of a person into custody in order that he may be bound to answer for the commission of an offense. - The head of the office to whom the warrant of arrest has been delivered for implementation shall cause the warrant to be implemented within ten (10) days from receipt. Within ten (10) days after the expiration of such period, the police officer to whom it was assigned for implementation shall make a report to the judge who issued the warrant and in case of his failure to implement the same, shall state the reasons thereof. **13.3 Arrests Without a Warrant** A peace officer or a private person may, without a warrant, arrest a person: a\. When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense; b\. When an offense has just been committed and he has probable cause to believe, based on personal knowledge of facts or circumstances, that the person to be arrested has committed it; c\. When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or temporarily confined while his case is pending, or has escaped while being transferred from one confinement area to another; d\. Where the accused released on bail attempts to leave the country without court permission; e\. Violation of conditional pardon, punishable under Article 159 of the Revised Penal Code as a case of evasion of service of sentence; and f\. Arrest following a Deportation Proceeding by the Immigration Commissioner against illegal and undesirable aliens. **13.4 Authority of the Arresting Officer when Making an Arrest** a\. Police officer may summon assistance -- A police officer making a lawful arrest may verbally summon as many persons as he deems necessary to assist him in effecting the arrest. b\. Right of a police officer to break into building or enclosure -- A police officer in order to make an arrest, with or without warrant, may break into a building or enclosure where the person to be arrested is or is reasonably believed to be, if he is refused admittance thereto after announcing his authority and purpose. c\. Right to break out from building or enclosure -- Whenever a police officer has entered the building or enclosure to make an arrest, he may break out there from, when necessary, to liberate himself. d\. Arrest after escape or rescue -- If a person lawfully arrested escapes or is rescued, any person may immediately pursue to retake him without a warrant at anytime and in any place within the Philippines. **13.5 Procedures** **a. Serving of Warrant of Arrest** \(1) Verify the validity of the warrant and request for an authenticated copy from the issuing court; \(2) In serving the warrant, the police officer should introduce himself and show proper identification; \(3) Make a manifestation of authority against the person to be arrested; \(4) If refused entry, the police officer may break into any residence, office, building, and other structure where the person to be arrested is in or is reasonably believed to be in, after announcing his purpose; \(5) The police officer need not have a copy of the warrant in his possession at the time of the arrest. If the person arrested so requires, the warrant shall be shown to the arrested person as soon as possible; \(6) Secure the person to be arrested and use handcuffs for the protection of the arresting offi cer, other individuals or the arrested person himself; \(7) Conduct thorough search for weapons and other illegal materials on the person arrested and surroundings within his immediate control; \(8) Inform the person to be arrested of his rights under the law (i.e. Miranda Warning and Anti-torture Warning); \(9) No unnecessary force shall be used in making an arrest; \(10) Confiscated evidence shall be properly documented with the chain of custody of evidence duly and clearly established; \(11) Bring the arrested person to the Police Station for documentation; \(12) Make a Return of Warrant to the court of origin (Annex "B" - Return of Warrant Form); and \(13) Deliver the arrested person to jail/prison upon the issuance of a commitment order of the court. **b. Effecting Warrantless Arrest** \(1) Freeze or restrain the suspect/s; \(2) Make proper introduction as to identity and authority to arrest; \(3) Inform the arrested person of the circumstances of his arrest and recite the Miranda Warning and Anti-torture Warning to him; \(4) Secure the person to be arrested and use handcuffs for the protection of the arresting officer, other individuals or the arrested person himself; \(5) Conduct thorough search for weapons and other illegal materials on the person arrested and surroundings within his immediate control; \(6) Confiscated evidence shall be properly documented with the chain of custody of evidence duly and clearly established; \(7) No unnecessary force shall be used in making an arrest; and \(8) Bring the arrested person to the Police Station for further investigation and disposition. **13.6 Duties of the Arresting Officer** a\. It shall be the duty of the police officer implementing the Warrant of Arrest to deliver the arrested person without delay to the nearest Police Station or jail to record the fact of the arrest; b\. At the time of the arrest, it shall be the duty of the arresting officer to inform the person arrested of the cause of the arrest and the fact that a warrant had been issued for his arrest. The arresting officer need not have the warrant in his possession at the time of the arrest but after the arrest, if the person arrested so requires, the warrant shall be shown to him as soon as possible; c\. When women or children are among the arrested suspect/s, the arresting officer shall task the Women's and Children's Protection Desks (WCPD) officer or a policewoman who is familiar with women and children protection desk duties to conduct the pat-down search; d\. In case of arrest without a warrant, it shall be the duty of the arresting officer to inform the person to be arrested of his authority and the cause of the arrest except when he flees or forcibly resists before the arresting officer has the opportunity to inform him or when the giving of such information will imperil the arrest; e\. The person arrested, with or without warrant, shall be informed of his constitutional right to remain silent and that any statement he makes could be used against him. Also, that he has the right to communicate with his lawyer or his immediate family and the right to physical examination; f\. A person arrested without a warrant shall be immediately brought to the proper Police Station for investigation without unnecessary delay. He shall be subjected to inquest proceedings within the time prescribed in Article 125 of the Revised Penal Code (RPC); g\. No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against an arrested person. The bringing of arrested persons to secret detention places, solitary confinement and the like is prohibited; h\. If the person arrested without a warrant waives his right under the provisions of Art 125 of the Revised Penal Code, the arresting officer shall ensure that the former signs a waiver of detention in the presence of his counsel of choice; and i\. If the person arrested waives his right against self-incrimination and chooses to give his statement, the arresting offi cer shall ensure that the waiver is made in writing and signed by the person arrested in the presence of a counsel of his own choice or a competent and independent counsel provided by the government. 13.7 Physical Examination of Arrested Person/Suspect Before interrogation, the person arrested shall have the right to be informed of his right to demand physical examination by an independent and competent doctor of his own choice. If he cannot afford the services of a doctor of his own choice, he shall be provided by the State with a competent and independent doctor to conduct physical examination. If the person arrested is female, she shall be attended to preferably by a female doctor. **RULE 14. SEARCH AND SEIZURE** **14.1 Requisites for the Issuance of Search Warrant** - A search warrant shall be issued only upon probable cause in connection with one specific offense to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses presented. The search warrant shall particularly describe the place to be searched and the things to be seized which may be anywhere in the Philippines. **a. The following properties may be the objects of a search warrant:** \(1) Properties which are the subject of the offense; \(2) Stolen, embezzled proceeds, or fruits of the offense; and \(3) Objects including weapons, equipment, and other items used or intended to be used as the means of committing an offense. b\. Objects that are illegal per se, even if not particularly described in the search warrant, may be seized under the plain view doctrine. **14.2 Validity of Search Warrant** a\. The warrant shall be valid for ten (10) days from date of issuance and may be served at any day within the said period. Thereafter, it shall be void. b\. If, in the implementation of the search warrant, its object or purpose cannot be accomplished in one day, the search can be continued the following day, or days, until completed, provided it is still within the ten (10)- day validity period of the search warrant. c\. If the object or purpose of the search warrant cannot be accomplished within the ten (10)-day validity period, the responsible police officer conducting the search must file, before the issuing court, an application for the extension of the validity period of said search warrant. **14.3 Time of Search** - The warrant should be served during daytime, unless there is a provision in the warrant allowing service at any time of the day or night. **14.4 Applications for Search Warrant** - All applications for Search Warrant shall be approved for fi ling by the Chief of Office. The application shall indicate the following data: a\. Office applying for the Search Warrant; b\. Name of officer-applicant; c\. Name of the subject, if known; d\. Address/place(s) to be searched; e\. Specific statement of things/articles to be seized; and f\. Sketch of the place to be searched. - All approved applications shall be recorded in a log book, duly maintained for the purpose, indicating the name of the applicant, name of the respondent, nature of the offense, and date of the application. (Annexes "C", "C-1" and "C-2") **14.5 Authority of Police Officers when Conducting Search** - In the conduct of search, if after giving notice of his purpose and authority, the police officer is refused admittance to the place of search, he may break open any outer or inner door or window or any part of a house or anything therein to implement the warrant or liberate himself or any person lawfully aiding him when unlawfully detained therein. **14.6 Prohibited Acts in the Conduct of Search by Virtue of a Search Warrant** a\. Houses, rooms, or other premises shall not be searched except in the presence of the lawful occupant thereof or any member of his family or, in the absence of the latter, in the presence of two (2) witnesses of sufficient age and discretion residing in the same locality. b\. Lawful personal properties, papers, and other valuables not specifically indicated or particularly described in the search warrant shall not be taken. **14.7 Inventory and Delivery of Property Seized** a\. The police officer who confiscates property under the warrant shall issue a detailed receipt of property seized to the lawful occupant of the premises, or in the absence of such occupant, shall do so in the presence of at least two (2) witnesses of sufficient age and discretion residing in the same locality; b\. The receipt shall likewise include items seized under the Plain View Doctrine; c\. The police officer must then leave a receipt in the place in which he found the seized property and a duplicate copy thereof with any barangay official having jurisdiction over the place searched (Annexes "D" and "D-1"); and d\. The police officer must forthwith deliver the property seized to the judge who issued the warrant, together with an inventory thereof, duly verified under oath. (Annexes "E" and "E-1") **14.8 Valid Search and Seizures Without Search Warrant** **a. Search made incidental to a valid arrest** - A person lawfully arrested may be searched for dangerous weapons or anything which may be used or which may constitute proof in the commission of an offense, without a search warrant. The warrantless search and seizure as an incident to a lawful arrest may extend beyond the person of the arrested to include the premises or surroundings under his immediate control. **b. Search of moving vehicles** - If the police officers who will conduct the search have reasonable or probable cause to believe, before the search, that either the motorist is a law offender or they will fi nd 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 justifi cation 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 offi cer 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, fi rst, that the right exists; second, that the person involved had knowledge, either actual or constructive, of the existence of such right; that said person had an actual intention to relinquish the right. **e. Searches Under Stop and Frisk Rule** - The police offi cer has the right to stop a citizen on the street, interrogate him, and pat him for weapons whenever he observes unusual conduct which convinces him that a criminal activity exists. **f. Emergency and Exigent Circumstances** - A search warrant could be validly dispensed with in cases of exigent and emergency situation, and the police offi cers have reasonable grounds to believe that a crime is being committed, and they have no opportunity to apply for a search warrant from the courts because the latter were closed. **g. Tipped Information** If the police officers have reasonable grounds to believe that the subjects are engaged in illegal activities, the tipped information is sufficient to provide probable cause to effect a warrantless search and seizure."It is not enough to do good; one must do it the right away." (John Marley) **CHAPTER 3 INVESTIGATION PROCEDURES** **RULE 15. INVESTIGATION BY THE TERRITORIAL POLICE** **UNIT AFTER AN ARMED CONFRONTATION** **15.1 Responsibility of the Territorial Police Unit** - The Police Unit that has territorial jurisdiction over the area where the armed confrontation occurred shall secure the scene and immediately undertake the necessary investigation. **15.2 Scene of the Crime Operation (SOCO) Team to Process the Crime Scene** - The concerned Police Unit shall immediately request the Scene of the Crime Operation (SOCO) Team to conduct crime scene processing. (PNP Standard Operating Procedure No. ODIDM-2011-008 "Conduct of Crime Scene Investigation") **15.3 Mandatory Examination of Firearm Seized/Confiscated during Police Operation** **15.4 Inquest Proceeding Necessary When the Suspect Dies** - In cases of armed confrontation wherein the suspect dies, the Team Leader of the operating unit shall submit the incident for inquest before the duty Inquest Prosecutor prior to the removal of the body from the scene, except in areas where there are no Inquest Prosecutors. In which case, the territorial police unit can proceed with the investigation. **RULE 16. JUDICIAL AFFIDAVIT RULE** - This Rule shall apply to all actions, proceedings, and incidents requiring the reception of evidence before the court in place of the direct testimonies of witnesses in order to reduce the time needed for completing their testimonies. **16.1 Application of Rule to Criminal Actions** This rule shall apply to all criminal actions where the maximum imposable penalty does not exceed six years. **16.2 Contents of Judicial Affidavit** - A judicial affidavit shall be prepared in the language known to the witness and, if not in English or Filipino, accompanied by a translation in English or Filipino, and shall contain the necessary data/information. **16.3 Sworn Attestation of the Lawyer** - The judicial affidavit shall contain a sworn attestation at the end, executed by the lawyer who conducted or supervised the examination of the witness, to the effect that: a\. He faithfully recorded or caused to be recorded the questions he asked and the corresponding answers that the witness gave; and b\. Neither he nor any other person then present or assisting him coached the witness regarding the latter's answers. **RULE 17. MAINTENANCE OF POLICE BLOTTER** **17.1 Police Blotter** - Each PNP operating unit shall maintain an official police blotter where all types of operational and undercover dispatches shall be recorded containing the five **"Ws" (who, what, where, when and why) and one "H" (how) of an information.** - A **Police blotter** is a logbook that contains the daily registry of all crime incident reports, official summaries of arrest, and other significant events reported in a police station. **17.2 Police Blotter for Cases involving Women and Children** - A separate Police Blotter, however, shall be maintained for crime incident reports involving violence against women and children and those cases involving a child in 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. **17.3 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. **17.4 Blotter Procedure** - Before entry into the blotter book, the Duty Offi cer (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 fi rst 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. (PNP SOP No. 2012-001 "Incident Recording System")(Annex "F"- Incident Record Form)(Annex "G" -Blotter Procedure Flowchart) **RULE 18. UNIT CRIME PERIODIC REPORT (UCPER)** **18.1 Purpose** - To promote consistency in the recording of crime incidence, the PNP adopts a uniform procedure in reporting and collecting crime data including cases reported to other law enforcement agencies that are part of the Criminal Justice System. **18.2 Execution and Procedures** - The Chief of Police is primarily responsible for the maintenance of accurate crime data. Accuracy and integrity of crime recording processes must be ensured by the Chief of Investigation Section and Crime Registrar. - The Chief of Police shall likewise ensure that crime data are gathered from all sources, such as: Barangay, NBI, PDEA, BFAR, DENR, DSWD, BOC, BI and other agencies with law enforcement functions in the locality. Unit Commanders shall appoint a Crime Registrar who shall be responsible in consolidating and maintaining crime data files of each unit to ensure consistency and continuity. (Letter of Instructions 02/09 "Unit Crime Periodic Report") **18.3 Recording** **a. Incident Reports** All crime incidents whether reported by the victims, witnesses or third parties must be recorded in the police blotter, even under the following circumstances. \(1) When the offender is ill and is unlikely to recover or is too senile or too mentally disturbed for proceedings to take place; \(2) When the complainant or an essential witness is dead and the proceedings cannot be pursued; \(3) When the victim or an essential witness refuses, or is permanently unable to stand as a witness; and \(4) The victim or complainant or witness is a minor. **b. Reporting Jurisdiction** The police unit with the territorial jurisdiction where the crime was committed shall have the primary responsibility to record and report the same. If a continuing crime is committed in various areas of responsibilities, it should be recorded and reported as a single crime by the unit taking cognizance of the crime. **RULE 19. BOOKING OF ARRESTED SUSPECTS** - Booking of arrested suspects shall be undertaken to record and document the information surrounding the arrest of the suspect. (PNP Standard Operating Procedures No. 2011-013 "Booking of Arrested Suspects") **19.1 Policies and Guidelines** - The following policies and guidelines shall be adhered to by all PNP personnel involved in the booking of arrested suspects: **a. General Policy** After arrest, a suspect is taken into police custody and "booked" or "processed". During booking, the following procedures shall be performed by designated police officers. \(1) Record the arrest made in the Police Blotter; \(2) Conduct pat down or strip search of the suspect; \(3) Submit the suspect for medical examination; \(4) Take the criminal suspect's personal information (i.e. name, date of birth, physical characteristics, etc.); \(5) Record information about the suspect's alleged crime; \(6) Perform a record search of the suspect's criminal background; \(7) Fingerprint and photograph the suspect; \(8) Take custody of any personal property carried by the suspect (i.e. keys, purse), to be returned upon the suspect's release; and \(9) Place the suspect in a police station lock-up/holding cell or local jail. **b. Specific Functions, Responsibilities and Procedures** - The following are the functions, procedures and responsibilities of the different personnel during the booking of arrested suspects: 1. Arresting Officer (AO): 2. Desk Officer (DO): 3. Duty Investigator (DI): **RULE 20. CUSTODIAL INVESTIGATION** **20.1 Duties of the Police During Custodial Investigation** a\. 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; b\. 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: \(1) That he has the right to remain silent; \(2) That if he waives his right to remain silent, anything he says can be used in evidence against him in court; \(3) That he has the right to counsel of his own choice; \(4) That, if he cannot afford one, he shall be provided with an independent and competent counsel; and \(5) That he has the right to be informed of such rights. **20.2 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 fi led 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** **c. Segregation of Detainees** As much as practicable, detainees must be segregated according to gender and to the classification of crimes committed. **d. Visitation** **e. Transfer of Custody** **f. Release** **20.3 Transporting Detention Prisoner** **RULE 21. INQUEST PROCEDURES** **21.1 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: a\. Affidavit of Arrest; b\. Statement(s) of the complainant(s); c\. Affidavit(s) of the witness(es) if any; and d\. Other supporting evidence gathered by law enforcement authorities in the course of their investigation of the criminal incident involving the arrested person. **21.2 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; **f. Violation of the Anti-Carnapping Law** \(1) Machine copy of the certificate of motor vehicle registration; \(2) Machine copy of the current official receipt of payment of the registration fees of the subject motor vehicle; and \(3) Other evidence of ownership. **g. Violation of the Anti-Cattle Rustling Law** \(1) Machine copy of the cattle certificate of registration; and \(2) Picture of the cattle, if readily available. **h. Violation of Illegal Gambling Law** \(1) Gambling paraphernalia; and \(2) Cash money, if any. **i. Illegal Possession of Firearms and Explosives** \(1) Chemistry Report duly signed by the forensic chemist; and Photograph of the explosives, if readily available; and \(2) Certification from the Firearms and Explosives Office, Civil Security Group, PNP. **j. Violation of the Fisheries Law** \(1) Photograph of the confiscated fi sh, if readily available; \(2) Certification of the Bureau of Fisheries and Aquatic Resources; and \(3) Paraphernalia and equipment used in illegal fi shing. **k. 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. **21.3 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. (Annex "Q"- Request for Preliminary Investigation and Waiver of Article 125 of the Revised Penal Code) **21.4. 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. **RULE 22. 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. (Standard Operating Procedure No. ODIDM-2011-008 "Conduct of Crime Scene Investigation) **22.1 Specific Functions, Responsibilities and Procedures of the First Responder, Investigation-On-Case (IOC) and SOCO** - 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)** \(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. (Annex "R" -- Dying Declaration) **b. Investigator-on-Case (IOC) /Duty Investigator** **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. **22.2 Release of the Crime Scene** a\. 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; **22.3 Crime Scene Investigation** (Annex "X"- Crime Scene Investigation Flowchart) **22.4 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. a\. 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. b\. 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. c\. 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. d\. 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 fi rearms for ballistic tests; and other pieces of evidence involved to expedite the investigation of the case. **22.5 Duties of the Territorial Police Unit** a\. Provide assistance in the evacuation of the injured persons to the nearest hospital; b\. Provide area security; c\. Control the crowd at the crime scene; d\. Direct the fl ow of traffic away from the crime scene so as not to destroy and contaminate vital evidence; and e\. Provide security back-up to the SOCO. **22.6 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; \(4) Unauthorized persons shall not be allowed entry and exit to the incident scene; and \(5) Witnesses' names, addresses, and other information shall be recorded. Witnesses shall be directed to a safe location. **RULE 23. 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. (PNPM-DIDM-DS-9-2 Field Manual on Investigation of Crimes of Violence and other Crimes) **23.1 Policies** **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): SITG Supervisor - Regional Director SITG Comdr - DRDO Asst Comdr - DD/PD or CD, CPO Spokesperson - Regional PIO Members - RCIDU \- Regional Intelligence Div \- Regional Legal Offi ce \- 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) SITG Supervisor - Deputy Regional Director for Operations (DRDO) SITG Comdr - DD, PD/PF, PPO/CD, CPO Asst Comdr - PO/Field Offi cer, CIDT Spokesperson - PIO (District/PPO/CPO) Members - Provincial/City Legal Service \- Provincial/City Intelligence Section \- Provincial Crime Lab \- RIO \- PIDMB/CIDMB \- Investigator-on-Case \- Chief of Police **23.2 Organizational Procedures** **23.3 Operational Procedures** **CHAPTER 4 SPECIAL PROCEDURES** **RULE 24. RULES ON LABOR DISPUTES** **24.1 General Policy and Guidelines** **24.2 Applicable Legal Parameters** - The pertinent provisions of the Public Assembly Act of 1985 (Batas Pambansa Bilang 880), the Labor Code of the Philippines, as amended and other applicable laws, shall be observed during rallies, strikes, demonstrations or other public assemblies. Law enforcement agents shall, at all times: a\. Exercise maximum tolerance. b\. In case of unlawful aggression, only reasonable force may be employed to prevent or repel it. c\. The employment of tear gas and water cannons shall be made under the control and supervision of the Ground Commander. d\. 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. **24.3 Service of Lawful Orders or Writ** **24.4 Prohibited Labor Activities No personnel of the PNP shall:** a\. 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 b\. Work in replacement of the strikers. **RULE 25. RALLIES AND DEMONSTRATIONS** **25.1 Policies** **25.2 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. **25.3 Guidelines for Civil Disturbance Management (CDM) Contingent During Rallies/Demonstrations** a\. CDM contingent shall be in prescribed uniform without fi rearm. b\. 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. **25.4 Dispersal of Public Assembly with Permit** **25.5 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. **25.6 Prohibited Acts** - It shall be prohibited for a police offi cer to commit the following acts during peaceful assembly: a\. Obstructing, impeding, disrupting or otherwise denying the exercise of the right to peaceful assembly; b\. The unnecessary fi ring of fi rearms to disperse the public assembly; c\. Acts in violation of Rule 25.5 hereof; d\. Acts described hereunder if committed within one hundred (100) meters from the area of activity of the public assembly; **25.7 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** **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 may disperse such public assembly in the following manner: **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. **25.8 Guidelines in the Use of Non-Lethal Weapons** **a. Shield and Truncheon** - During the confrontational stage, truncheon or baton may be utilized only to push back demonstrators and not as an instrument to strike individuals. However, when demonstrators become aggressive, truncheon shall be the principal non-lethal weapon for dispersal. In such situation, CDM contingents shall nonetheless, use the same with caution and due diligence to avoid unnecessary injury. **b. Water Cannons** - Water cannons may be utilized when demonstrators become unruly and aggressive forcing troops to fall back to their secondary positions. **c. Tear Gas** - Tear gas and pepper spray may be utilized to break up formations or groupings of demonstrations who continue to be aggressive and who refuse to disperse despite earlier efforts. **25.9 Guidelines in dealing with Assemblies, Rallies, Demonstrations and Marches** **RULE 26. CIVIL DISTURBANCE MANAGEMENT OPERATIONS** **26.1 General Guidelines** **26.2 Specific Guidelines** **26.3 CDM Operational Tasks** a\. Isolate the area; b\. Secure likely targets; c\. Control crowds; d\. Establish area control; and e\. Neutralize special threats. **26.4 CDM Operational Approaches** **RULE 27. DEMOLITION AND EJECTMENT ORDERS** **27.1 Role of the PNP in the Enforcement of a Demolition and/ or Ejectment Orders** **27.2 Procedures in the Enforcement of a Demolition and/or Ejectment Order** **RULE 28. 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** **28.1 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. **28.2 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: a\. The request for police assistance is based on an order of the court, quasi-judicial or administrative bodies; b\. The written request for police assistance shall be signed by the Sheriff or equivalent officer in quasi-judicial or administrative bodies; c\. The request is fi led at least five (5) working days prior to the actual implementation; and d\. The original document of the fi nal 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. **28.3 Period to Render Police Assistance** - If the request for police assistance satisfies all the requirements, police assistance shall be rendered within three (3) working days from receipt of the directive from the **C, PNP or RD, PRO,** unless a specific period is written in the order or due to inherent impossibility of rendering assistance, a longer period is required. **28.4 Office or Unit That May Be Tasked to Render Police Assistance** - The Chief, PNP, as may be recommended by the Director for Operations, may task any operational support unit of the PNP or the PRO that has jurisdiction in the area where the decision/order/resolution shall be implemented to render police assistance. **28.5 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. **28.6 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. **RULE 32. HOSTAGE SITUATION/BARRICADED SITUATIONS** **32.1 Procedure to be followed in a Hostage Situation The following steps shall be undertaken:** a\. A Critical Incident Management Committee shall be activated immediately; (PNP Standard Operating Procedure No. ODO-2010-003 "Organization and Procedures of Critical Incident Management Committee and Critical Incident Management Task Group) b\. Incident scene shall be secured and isolated; c\. Identify and secure the stronghold; d\. 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; e\. Unauthorized persons shall not be allowed entry and exit to the incident scene; f\. Witnesses' names, addresses, and other information shall be recorded; g\. Witnesses shall be directed to a safe location; h\. Evacuate all victims/injured persons immediately when the opportunity permits; i\. The arrest of the perpetrator shall be the last paramount concern; and j\. Conduct debriefi ng immediately after the conclusion of the incident. **32.2 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 offi cially designates a spokesperson, he may issue appropriate press statements and continue to perform the role of the spokesperson. **32.3 Negotiators/ Negotiation Team** - Negotiators shall be designated by the Ground Commander. No one shall be allowed to talk to the hostagetaker 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: a\. Negotiation Team Leader (NTL)/coordinator; b\. Primary Negotiator; c\. Secondary Negotiator; d\. Intelligence liason/recorder; and e\. Board Negotiator. **32.4 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. **32.5 Support Personnel** - An ambulance with medical crew and a fi re truck shall be detailed at the incident area. **32.6 Plans** The On-Scene Commander shall, upon the assessment of the situation, prepare necessary plans to include but not limited to: **a. Emergency Response Plan -** depends on the threat posed by the hostage-takers and need of the Negotiation Team and On-Scene Commander. **b. Breakout Plan -** possibility of breakout shall be considered immediately upon drawing up negotiation strategy. This should be considered as one of the priority plans. **c. Delivery plan -** in case the hostage-takers change plans in the middle of the execution. **d. Surrender plan-** should be drawn up in a way that the hostages' lives will not be jeopardized. **e. Hostage Reception/ Release** - for security reasons, released hostages should be contained and isolated. **f. Collection plan -** safety of the police personnel involved is the priority consideration. **32.7 Coordination** - Proper coordination with all participating elements shall be done to consolidate efforts in solving the crisis. **32.8 Safety of Hostage(s)** - In negotiating for the release of a hostage, the safety of the hostage shall always be paramount. **32.9 Guidelines during Negotiations** a\. Situation must be stabilized first and contained before the start of the negotiation; b\. 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; c\. 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\'t of hostage negotiations; d\. 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. e\. Police officers without proper training shall not be allowed to participate in hostage negotiations. f\. 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. g\. All activities on the scene, even the delivery of food to the stronghold, must have tactical coordination with the NTL/Coordinator. **32.10 Negotiation through Mediator** a\. The mediator will act as a referee, helping the negotiators resolve their differences. b\. The mediator must be well-versed about the issues in order to be able to eventually recommend an effective solution. c\. The main object is to reconcile the object of the negotiator with that of the other party.