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Rights of Arrested Persons in the Philippines

Republic Act No. 7438 defines the rights of individuals arrested, detained, or under custodial investigation in the Philippines, emphasizing the importance of legal counsel and the inadmissibility of confessions made without proper legal representation. It mandates that any waiver of rights must be in writing and signed in the presence of counsel, and outlines penalties for public officers who violate these rights. The act also includes provisions for the protection of human dignity and the prohibition of torture or coercion during investigations.
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0% found this document useful (0 votes)
31 views64 pages

Rights of Arrested Persons in the Philippines

Republic Act No. 7438 defines the rights of individuals arrested, detained, or under custodial investigation in the Philippines, emphasizing the importance of legal counsel and the inadmissibility of confessions made without proper legal representation. It mandates that any waiver of rights must be in writing and signed in the presence of counsel, and outlines penalties for public officers who violate these rights. The act also includes provisions for the protection of human dignity and the prohibition of torture or coercion during investigations.
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© © All Rights Reserved
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Available Formats
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LEA 104 (d) Any extrajudicial confession made by

a person arrested, detained or under


Republic Act No. 7438 - April 27, custodial investigation shall be in writing
1992 and signed by such person in the
presence of his counsel or in the latter's
AN ACT DEFINING CERTAIN RIGHTS absence, upon a valid waiver, and in the
OF PERSON ARRESTED, DETAINED presence of any of the parents, elder
OR UNDER CUSTODIAL brothers and sisters, his spouse, the
INVESTIGATION AS WELL AS THE municipal mayor, the municipal judge,
DUTIES OF THE ARRESTING, district school supervisor, or priest or
DETAINING AND INVESTIGATING minister of the gospel as chosen by him;
OFFICERS, AND PROVIDING otherwise, such extrajudicial confession
PENALTIES FOR VIOLATIONS shall be inadmissible as evidence in any
THEREOF proceeding.
Section 1. Statement of Policy. – It is (e) Any waiver by a person arrested or
the policy of the Senate to value the detained under the provisions of Article
dignity of every human being and 125 of the Revised Penal Code, or under
guarantee full respect for human rights. custodial investigation, shall be in
writing and signed by such person in the
Section 2. Rights of Persons
presence of his counsel; otherwise the
Arrested, Detained or Under
waiver shall be null and void and of no
Custodial Investigation; Duties of
effect.
Public Officers. –
(f) Any person arrested or detained or
(a) Any person arrested detained or
under custodial investigation shall be
under custodial investigation shall at all
allowed visits by or conferences with any
times be assisted by counsel.
member of his immediate family, or any
(b) Any public officer or employee, or medical doctor or priest or religious
anyone acting under his order or his minister chosen by him or by any
place, who arrests, detains or member of his immediate family or by
investigates any person for the his counsel, or by any national non-
commission of an offense shall inform governmental organization duly
the latter, in a language known to and accredited by the Commission on Human
understood by him, of his rights to Rights of by any international non-
remain silent and to have competent and governmental organization duly
independent counsel, preferably of his accredited by the Office of the President.
own choice, who shall at all times be The person's "immediate family" shall
allowed to confer privately with the include his or her spouse, fiancé or
person arrested, detained or under fiancée, parent or child, brother or sister,
custodial investigation. If such person grandparent or grandchild, uncle or aunt,
cannot afford the services of his own nephew or niece, and guardian or ward.
counsel, he must be provided with a
As used in this Act, "custodial
competent and independent counsel by
investigation" shall include the practice
the investigating officer.
of issuing an "invitation" to a person who
(c) The custodial investigation report is investigated in connection with an
shall be reduced to writing by the offense he is suspected to have
investigating officer, provided that committed, without prejudice to the
before such report is signed, or liability of the "inviting" officer for any
thumbmarked if the person arrested or violation of law.
detained does not know how to read and
Section 3. Assisting Counsel. –
write, it shall be read and adequately
Assisting counsel is any lawyer, except
explained to him by his counsel or by the
those directly affected by the case, those
assisting counsel provided by the
charged with conducting preliminary
investigating officer in the language or
investigation or those charged with the
dialect known to such arrested or
prosecution of crimes.
detained person, otherwise, such
investigation report shall be null and
void and of no effect whatsoever.
The assisting counsel other than the offense if the latter cannot afford the
government lawyers shall be entitled to services of his own counsel.
the following fees;
(b) Any person who obstructs, prevents
(a) The amount of One hundred fifty or prohibits any lawyer, any member of
pesos (P150.00) if the suspected person the immediate family of a person
is chargeable with light arrested, detained or under custodial
felonies;lawphi1©alf investigation, or any medical doctor or
priest or religious minister chosen by
(b) The amount of Two hundred fifty him or by any member of his immediate
pesos (P250.00) if the suspected person family or by his counsel, from visiting
is chargeable with less grave or grave and conferring privately with him, or
felonies; from examining and treating him, or
(c) The amount of Three hundred fifty from ministering to his spiritual needs, at
pesos (P350.00) if the suspected person any hour of the day or, in urgent cases,
is chargeable with a capital offense. of the night shall suffer the penalty of
imprisonment of not less than four (4)
The fee for the assisting counsel shall be years nor more than six (6) years, and a
paid by the city or municipality where fine of four thousand pesos
the custodial investigation is conducted, (P4,000.00).lawphi1©
provided that if the municipality of city
cannot pay such fee, the province The provisions of the above Section
comprising such municipality or city shall notwithstanding, any security officer
pay the fee: Provided, That the Municipal with custodial responsibility over any
or City Treasurer must certify that no detainee or prisoner may undertake such
funds are available to pay the fees of reasonable measures as may be
assisting counsel before the province necessary to secure his safety and
pays said fees. prevent his escape.

In the absence of any lawyer, no Section 5. Repealing Clause. –


custodial investigation shall be Republic Act No. No. 857, as amended, is
conducted and the suspected person can hereby repealed. Other laws, presidential
only be detained by the investigating decrees, executive orders or rules and
officer in accordance with the provisions regulations, or parts thereof inconsistent
of Article 125 of the Revised Penal Code. with the provisions of this Act are
repealed or modified accordingly.
Section 4. Penalty Clause. – (a) Any
arresting public officer or employee, or Section 6. Effectivity. – This Act shall
any investigating officer, who fails to take effect fifteen (15) days following its
inform any person arrested, detained or publication in the Official Gazette or in
under custodial investigation of his right any daily newspapers of general
to remain silent and to have competent circulation in the Philippines.
and independent counsel preferably of Approved: April 27, 1992.
his own choice, shall suffer a fine of Six
thousand pesos (P6,000.00) or a penalty 1987 PHIL. CONSTI - ARTICLE III
of imprisonment of not less than eight BILL OF RIGHTS
(8) years but not more than ten (10)
years, or both. The penalty of perpetual Section 1. No person shall be deprived
absolute disqualification shall also be of life, liberty, or property without due
imposed upon the investigating officer process of law, nor shall any person be
who has been previously convicted of a denied the equal protection of the laws.
similar offense. Section 2. The right of the people to be
The same penalties shall be imposed secure in their persons, houses, papers,
upon a public officer or employee, or and effects against unreasonable
anyone acting upon orders of such searches and seizures of whatever
investigating officer or in his place, who nature and for any purpose shall be
fails to provide a competent and inviolable, and no search warrant or
independent counsel to a person warrant of arrest shall issue except upon
arrested, detained or under custodial probable cause to be determined
investigation for the commission of an personally by the judge after
examination under oath or affirmation of Section 9. Private property shall not be
the complainant and the witnesses he taken for public use without just
may produce, and particularly describing compensation.
the place to be searched and the
persons or things to be seized. Section 10. No law impairing the
obligation of contracts shall be passed.
Section 3.
Section 11. Free access to the courts
1. The privacy of communication and quasi-judicial bodies and adequate
and correspondence shall be legal assistance shall not be denied to
inviolable except upon lawful any person by reason of poverty.
order of the court, or when public
safety or order requires Section 12.
otherwise, as prescribed by law. 1. Any person under investigation
2. Any evidence obtained in for the commission of an offense
violation of this or the preceding shall have the right to be
section shall be inadmissible for informed of his right to remain
any purpose in any proceeding. silent and to have competent and
independent counsel preferably
Section 4. No law shall be passed of his own choice. If the person
abridging the freedom of speech, of cannot afford the services of
expression, or of the press, or the right counsel, he must be provided
of the people peaceably to assemble and with one. These rights cannot be
petition the government for redress of waived except in writing and in
grievances. the presence of counsel.
Section 5. No law shall be made 2. No torture, force, violence, threat,
respecting an establishment of religion, intimidation, or any other means
or prohibiting the free exercise thereof. which vitiate the free will shall be
The free exercise and enjoyment of used against him. Secret
religious profession and worship, without detention places, solitary,
discrimination or preference, shall incommunicado, or other similar
forever be allowed. No religious test shall forms of detention are prohibited.
be required for the exercise of civil or
political rights. 3. Any confession or admission
obtained in violation of this or
Section 6. The liberty of abode and of Section 17 hereof shall be
changing the same within the limits inadmissible in evidence against
prescribed by law shall not be impaired him.
except upon lawful order of the court.
Neither shall the right to travel be 4. The law shall provide for penal
impaired except in the interest of and civil sanctions for violations
national security, public safety, or public of this Section as well as
health, as may be provided by law. compensation to the
rehabilitation of victims of torture
Section 7. The right of the people to or similar practices, and their
information on matters of public concern families.
shall be recognized. Access to official
records, and to documents and papers Section 13. All persons, except those
pertaining to official acts, transactions, charged with offenses punishable by
or decisions, as well as to government reclusion perpetua when evidence of
research data used as basis for policy guilt is strong, shall, before conviction,
development, shall be afforded the be bailable by sufficient sureties, or be
citizen, subject to such limitations as released on recognizance as may be
may be provided by law. provided by law. The right to bail shall
not be impaired even when the privilege
Section 8. The right of the people, of the writ of habeas corpus is
including those employed in the public suspended. Excessive bail shall not be
and private sectors, to form unions, required.
associations, or societies for purposes
not contrary to law shall not be abridged. Section 14.
1. No person shall be held to answer imposed shall be reduced to
for a criminal offense without due reclusion perpetua.
process of law.
2. The employment of physical,
2. In all criminal prosecutions, the psychological, or degrading
accused shall be presumed punishment against any prisoner
innocent until the contrary is or detainee or the use of
proved, and shall enjoy the right substandard or inadequate penal
to be heard by himself and facilities under subhuman
counsel, to be informed of the conditions shall be dealt with by
nature and cause of the law.
accusation against him, to have a
speedy, impartial, and public trial, Section 20. No person shall be
to meet the witnesses face to imprisoned for debt or non-payment of a
face, and to have compulsory poll tax.
process to secure the attendance Section 21. No person shall be twice
of witnesses and the production put in jeopardy of punishment for the
of evidence in his behalf. same offense. If an act is punished by a
However, after arraignment, trial law and an ordinance, conviction or
may proceed notwithstanding the acquittal under either shall constitute a
absence of the accused: Provided, bar to another prosecution for the same
that he has been duly notified act.
and his failure to appear is
unjustifiable. Section 22. No ex post facto law or bill
of attainder shall be enacted.
Section 15. The privilege of the writ of
habeas corpus shall not be suspended RULE 113
except in cases of invasion or rebellion,
when the public safety requires it. Arrest

Section 16. All persons shall have the Section 1. Definition of arrest. —
right to a speedy disposition of their Arrest is the taking of a person into
cases before all judicial, quasi-judicial, or custody in order that he may be bound
administrative bodies. to answer for the commission of an
offense. (1)
Section 17. No person shall be
compelled to be a witness against Section 2. Arrest; how made. — An
himself. arrest is made by an actual restraint of a
person to be arrested, or by his
Section 18. submission to the custody of the person
making the arrest.
1. No person shall be detained
solely by reason of his political No violence or unnecessary force shall
beliefs and aspirations. be used in making an arrest. The person
arrested shall not be subject to a greater
2. No involuntary servitude in any restraint than is necessary for his
form shall exist except as a detention. (2a)
punishment for a crime whereof
the party shall have been duly Section 3. Duty of arresting officer.
convicted. — It shall be the duty of the officer
executing the warrant to arrest the
Section 19. accused and to deliver him to the
1. Excessive fines shall not be nearest police station or jail without
imposed, nor cruel, degrading or unnecessary delay. (3a)
inhuman punishment inflicted. Section 4. Execution of warrant. —
Neither shall death penalty be The head of the office to whom the
imposed, unless, for compelling warrant of arrest was delivered for
reasons involving heinous crimes, execution shall cause the warrant to be
the Congress hereafter provides executed within ten (10) days from its
for it. Any death penalty already receipt. Within ten (10) days after the
expiration of the period, the officer to
whom it was assigned for execution shall arrested of his authority and the cause of
make a report to the judge who issued the arrest, unless the latter is either
the warrant. In case of his failure to engaged in the commission of an
execute the warrant, he shall state the offense, is pursued immediately after its
reasons therefor. (4a) commission, has escaped, flees or
forcibly resists before the officer has
Section 5. Arrest without opportunity so to inform him, or when
warrant; when lawful. — A peace the giving of such information will imperil
officer or a private person may, without the arrest. (8a)
a warrant, arrest a person:
Section 9. Method of arrest by
(a) When, in his presence, the person to private person. — When making an
be arrested has committed, is actually arrest, a private person shall inform the
committing, or is attempting to commit person to be arrested of the intention to
an offense; arrest him and cause of the arrest,
(b) When an offense has just been unless the latter is either engaged in the
committed, and he has probable cause commission of an offense, is pursued
to believe based on personal knowledge immediately after its commission, or has
of facts or circumstances that the person escaped, flees, or forcibly resists before
to be arrested has committed it; and the person making the arrest has
opportunity to so inform him, or when
(c) When the person to be arrested is a the giving of such information will imperil
prisoner who has escaped from a penal the arrest. (9a)
establishment or place where he is
serving final judgment or is temporarily Section 10. Officer may summon
confined while his case is pending, or assistance. — An officer making a
has escaped while being transferred lawful arrest may orally summon as
from one confinement to another. many persons as he deems necessary to
assist him in effecting the arrest. Every
In cases falling under paragraph (a) and person so summoned by an officer shall
(b) above, the person arrested without a assist him in effecting the arrest when he
warrant shall be forthwith delivered to can render such assistance without
the nearest police station or jail and shall detriment to himself. (10a)
be proceeded against in accordance with
section 7 of Rule 112. (5a) Section 11. Right of officer to break
into building or enclosure. — An
Section 6. Time of making arrest. — officer, in order to make an arrest either
An arrest may be made on any day and by virtue of a warrant, or without a
at any time of the day or night. (6) warrant as provided in section 5, may
break into any building or enclosure
Section 7. Method of arrest by where the person to be arrested is or is
officer by virtue of warrant. — When reasonably believed to be, if he is
making an arrest by virtue of a warrant, refused admittance thereto, after
the officer shall inform the person to be announcing his authority and purpose.
arrested of the cause of the arrest and of (11a)
the fact that a warrant has been issued
for his arrest, except when he flees or Section 12. Right to break out from
forcibly resists before the officer has building or enclosure. — Whenever an
opportunity to so inform him, or when officer has entered the building or
the giving of such information will imperil enclosure in accordance with the
the arrest. The officer need not have the preceding section, he may break out
warrant in his possession at the time of therefrom when necessary to liberate
the arrest but after the arrest, if the himself. (12a)
person arrested so requires, the warrant
shall be shown to him as soon as Section 13. Arrest after escape or
practicable. (7a) rescue. — If a person lawfully arrested
escapes or is rescued, any person may
Section 8. Method of arrest by immediately pursue or retake him
officer without warrant. — When without a warrant at any time and in any
making an arrest without a warrant, the place within the Philippines. (13)
officer shall inform the person to be
Section 14. Right of attorney or Section 4. Requisites for issuing
relative to visit person arrested. — search warrant. — A search warrant
Any member of the Philippine Bar shall, shall not issue except upon probable
at the request of the person arrested or cause in connection with one specific
of another acting in his behalf, have the offense to be determined personally by
right to visit and confer privately with the judge after examination under oath
such person in the jail or any other place or affirmation of the complainant and the
of custody at any hour of the day or witnesses he may produce, and
night. Subject to reasonable regulations, particularly describing the place to be
a relative of the person arrested can also searched and the things to be seized
exercise the same right. (14a) which may be anywhere in the
Philippines. (3a)
Section 5. Examination of
complainant; record. — The judge
must, before issuing the warrant,
personally examine in the form of
RULE 126 searching questions and answers, in
writing and under oath, the complainant
Search and Seizure and the witnesses he may produce on
facts personally known to them and
Section 1. Search warrant defined.
attach to the record their sworn
— A search warrant is an order in writing
statements, together with the affidavits
issued in the name of the People of the
submitted. (4a)
Philippines, signed by a judge and
directed to a peace officer, commanding Section 6. Issuance and form of
him to search for personal property search warrant. — If the judge is
described therein and bring it before the satisfied of the existence of facts upon
court. (1) which the application is based or that
there is probable cause to believe that
Section 2. Court where application
they exist, he shall issue the warrant,
for search warrant shall be filed. —
which must be substantially in the form
An application for search warrant shall
prescribed by these Rules. (5a)
be filed with the following:
Section 7. Right to break door or
a) Any court within whose territorial
window to effect search. — The
jurisdiction a crime was committed.
officer, if refused admittance to the
b) For compelling reasons stated in the place of directed search after giving
application, any court within the judicial notice of his purpose and authority, may
region where the crime was committed if break open any outer or inner door or
the place of the commission of the crime window of a house or any part of a house
is known, or any court within the judicial or anything therein to execute the
region where the warrant shall be warrant or liberate himself or any person
enforced. lawfully aiding him when unlawfully
detained therein. (6)
However, if the criminal action has
already been filed, the application shall Section 8. Search of
only be made in the court where the house, room, or premise to be
criminal action is pending. (n) made in presence of two witnesses.
— No search of a house, room, or any
Section 3. Personal property to be other premise shall be made except in
seized. — A search warrant may be the presence of the lawful occupant
issued for the search and seizure of thereof or any member of his family or in
personal property: the absence of the latter, two witnesses
of sufficient age and discretion residing
(a) Subject of the offense;
in the same locality. (7a)
(b) Stolen or embezzled and other
Section 9. Time of making search. —
proceeds, or fruits of the offense; or
The warrant must direct that it be served
(c) Used or intended to be used as the in the day time, unless the affidavit
means of committing an offense. (2a) asserts that the property is on the
person or in the place ordered to be commission of an offense without a
searched, in which case a direction may search warrant. (12a)
be inserted that it be served at any time
of the day or night. (8) Section 14. Motion to quash a
search warrant or to suppress
Section 10. Validity of search evidence; where to file. — A motion
warrant. — A search warrant shall be to quash a search warrant and/or to
valid for ten (10) days from its date. suppress evidence obtained thereby may
Thereafter it shall be void. (9a) be filed in and acted upon only by the
court where the action has been
Section 11. Receipt for the property instituted. If no criminal action has been
seized. — The officer seizing property instituted, the motion may be filed in
under the warrant must give a detailed and resolved by the court that issued the
receipt for the same to the lawful search warrant. However, if such court
occupant of the premises in whose failed to resolve the motion and a
presence the search and seizure were criminal case is subsequent filed in
made, or in the absence of such another court, the motion shall be
occupant, must, in the presence of at resolved by the latter court.
least two witnesses of sufficient age and
discretion residing in the same locality, REPUBLIC ACT N0. 9745
leave a receipt in the place in which he
found the seized property. (10a) AN ACT PENALIZING TORTURE AND
OTHER CRUEL, INHUMAN AND
Section 12. Delivery of property and DEGRADING TREATMENT OR
inventory thereof to court; return PUNISHMENT AND PRESCRIBING
and proceedings thereon. — (a) The PENALTIES THEREFOR
officer must forthwith deliver the
property seized to the judge who issued Section 1. Short Title. - This Ad shall be
the warrant, together with a true known as the "Anti-Torture Act of
inventory thereof duly verified under 2009".
oath. Section 2. Statement of Policy. - It is
(b) Ten (10) days after issuance of the hereby declared the policy of the State:
search warrant, the issuing judge shall (a) To value the dignity of every human
ascertain if the return has been made, person and guarantee full respect for
and if none, shall summon the person to human rights;
whom the warrant was issued and
require him to explain why no return was (b) To ensure that the human rights of all
made. If the return has been made, the persons, including suspects, detainees
judge shall ascertain whether section 11 and prisoners are respected at all times;
of this Rule has been complained with and that no person placed under
and shall require that the property investigation or held in custody of any
seized be delivered to him. The judge person in authority or, agent of a person
shall see to it that subsection (a) hereof authority shall be subjected to physical,
has been complied with. psychological or mental harm, force,
violence, threat or intimidation or any
(c) The return on the search warrant act that impairs his/her free wi11 or in
shall be filed and kept by the custodian any manner demeans or degrades
of the log book on search warrants who human dignity;
shall enter therein the date of the return,
the result, and other actions of the (c) To ensure that secret detention
judge. places, solitary, incommunicado or other
similar forms of detention, where torture
A violation of this section shall constitute may be carried out with impunity, are
contempt of court.(11a) prohibited; and
Section 13. Search incident to (d) To fully adhere to the principles and
lawful arrest. — A person lawfully standards on the absolute condemnation
arrested may be searched for dangerous and prohibition of torture as provided for
weapons or anything which may have in the 1987 Philippine Constitution;
been used or constitute proof in the various international instruments to
which the Philippines is a State party names of persons and organizations that
such as, but not limited to, the it perceives to be enemies of the State
International Covenant on Civil and and that it considers as legitimate
Political Rights (ICCPR), the Convention targets as combatants that it could deal
on the Rights of the Child (CRC), the with, through the use of means allowed
Convention on the Elimination of All by domestic and international law.
Forms of Discrimination Against Women
(CEDA W) and the Convention Against Section 4. Acts of Torture. - For
Torture and Other Cruel, Inhuman or purposes of this Act, torture shall
Degrading Treatment or Punishment include, but not be limited to, the
(CAT); and all other relevant following:
international human rights instruments (a) Physical torture is a form of
to which the Philippines is a signatory. treatment or punishment inflicted by a
Section 3. Definitions. - For purposes of person in authority or agent of a person
this Act, the following terms shall mean: in authority upon another in his/her
custody that causes severe pain,
(a) "Torture" refers to an act by which exhaustion, disability or dysfunction of
severe pain or suffering, whether one or more parts of the body, such as:
physical or mental, is intentionally
inflicted on a person for such purposes (1) Systematic beating, headbanging,
as obtaining from him/her or a third punching, kicking, striking with
person information or a confession; truncheon or rifle butt or other similar
punishing him/her for an act he/she or a objects, and jumping on the stomach;
third person has committed or is (2) Food deprivation or forcible feeding
suspected of having committed; or with spoiled food, animal or human
intimidating or coercing him/her or a excreta and other stuff or substances not
third person; or for any reason based on normally eaten;
discrimination of any kind, when such
pain or suffering is inflicted by or at the (3) Electric shock;
instigation of or with the consent or
acquiescence of a person in authority or (4) Cigarette burning; burning by
agent of a person in authority. It does not electrically heated rods, hot oil, acid; by
include pain or Buffering arising only the rubbing of pepper or other chemical
from, inherent in or incidental to lawful substances on mucous membranes, or
sanctions. acids or spices directly on the wound(s);

(b) "Other cruel, inhuman and degrading (5) The submersion of the head in water
treatment or punishment" refers to a or water polluted with excrement, urine,
deliberate and aggravated treatment or vomit and/or blood until the brink of
punishment not enumerated under suffocation;
Section 4 of this Act, inflicted by a
(6) Being tied or forced to assume fixed
person in authority or agent of a person
and stressful bodily position;
in authority against a person under
his/her custody, which attains a level of (7) Rape and sexual abuse, including the
severity causing suffering, gross insertion of foreign objects into the sex
humiliation or debasement to the latter. organ or rectum, or electrical torture of
the genitals;
(c) "Victim" refers to the person
subjected to torture or other cruel, (8) Mutilation or amputation of the
inhuman and degrading treatment or essential parts of the body such as the
punishment as defined above and any genitalia, ear, tongue, etc.;
individual who has suffered harm as a
result of any act(s) of torture, or other (9) Dental torture or the forced
cruel, inhuman and degrading treatment extraction of the teeth;
or punishment.
(10) Pulling out of fingernails;
(d) "Order of Battle" refers to any
(11) Harmful exposure to the elements
document or determination made by the
such as sunlight and extreme cold;
military, police or any law enforcement
agency of the government, listing the
(12) The use of plastic bag and other (12) Other analogous acts of
materials placed over the head to the mental/psychological torture.
point of asphyxiation;
Section 5. Other Cruel, Inhuman and
(13) The use of psychoactive drugs to Degrading Treatment or Punishment. -
change the perception, memory. Other cruel, inhuman or degrading
alertness or will of a person, such as: treatment or punishment refers to a
deliberate and aggravated treatment or
(i) The administration or drugs to induce punishment not enumerated under
confession and/or reduce mental Section 4 of this Act, inflicted by a
competency; or person in authority or agent of a person
(ii) The use of drugs to induce extreme in authority against another person in
pain or certain symptoms of a disease; custody, which attains a level of severity
and sufficient to cause suffering, gross
humiliation or debasement to the latter.
(14) Other analogous acts of physical The assessment of the level of severity
torture; and shall depend on all the circumstances of
the case, including the duration of the
(b) "Mental/Psychological Torture" refers treatment or punishment, its physical
to acts committed by a person in and mental effects and, in some cases,
authority or agent of a person in the sex, religion, age and state of health
authority which are calculated to affect of the victim.
or confuse the mind and/or undermine a
person's dignity and morale, such as: Section 6. Freedom from Torture and
Other Cruel, Inhuman and Degrading
(1) Blindfolding; Treatment or Punishment, An Absolute
Bight. - Torture and other cruel, inhuman
(2) Threatening a person(s) or his/fher
and degrading treatment or punishment
relative(s) with bodily harm, execution or
as criminal acts shall apply to all
other wrongful acts;
circumstances. A state of war or a threat
(3) Confinement in solitary cells or secret of war, internal political instability, or
detention places; any other public emergency, or a
document or any determination
(4) Prolonged interrogation; comprising an "order of battle" shall not
and can never be invoked as a
(5) Preparing a prisoner for a "show
justification for torture and other cruel,
trial", public display or public humiliation
inhuman and degrading treatment or
of a detainee or prisoner;
punishment.
(6) Causing unscheduled transfer of a
Section 7. Prohibited Detention. -
person deprived of liberty from one place
Secret detention places, solitary
to another, creating the belief that
confinement, incommunicado or other
he/she shall be summarily executed;
similar forms of detention, where torture
(7) Maltreating a member/s of a person's may be carried out with impunity. Are
family; hereby prohibited.

(8) Causing the torture sessions to be In which case, the Philippine National
witnessed by the person's family, Police (PNP), the Armed Forces of the
relatives or any third party; Philippines (AFP) and other law
enforcement. agencies concerned shall
(9) Denial of sleep/rest; make an updated list of all detention
centers and facilities under their
(10) Shame infliction such as stripping
respective jurisdictions with the
the person naked, parading him/her in
corresponding data on the prisoners or
public places, shaving the victim's head
detainees incarcerated or detained
or putting marks on his/her body against
therein such as, among others, names,
his/her will;
date of arrest and incarceration, and the
(11) Deliberately prohibiting the victim crime or offense committed. This list
to communicate with any member of shall be made available to the public at
his/her family; and all times, with a copy of the complete list
available at the respective national
headquarters of the PNP and AFP. A copy prosecution such as, but not limited to,
of the complete list shall likewise be his/her lawyer, witnesses and relatives;
submitted by the PNP, AFP and all other and
law enforcement agencies to the
Commission on Human Rights (CHR), (c) To be accorded sufficient protection in
such list to be periodically updated, by the manner by which he/she testifies and
the same agencies, within the first five presents evidence in any fora in order to
(5) days of every month at the minimum. avoid further trauma.
Every regional office of the PNP, AFP and Section 10. Disposition of Writs of
other law enforcement agencies shall Habeas Corpus, Amparo and Habeas
also maintain a similar list far all Data Proceedings and Compliance with a
detainees and detention facilities within Judicial 07'der. - A writ of habeas corpus
their respective areas, and shall make or writ of amparo or writ of habeas data
the same available to the public at all proceeding, if any, filed on behalf of the
times at their respective regional victim of torture or other cruel,
headquarters, and submit a copy. degrading and inhuman treatment or
updated in the same manner provided punishment shall be disposed of
above, to the respective regional offices expeditiously and any order of release by
of the CHR. virtue thereof, or other appropriate order
Section 8. Applicability of the of a court relative thereto, shall be
Exclusionary Rule; Exception. - Any executed or complied with immediately.
confession, admission or statement Section 11. Assistance in Filing a
obtained as a result of torture shall be Complaint. - The CHR and the PAO shall
inadmissible in evidence in any render legal assistance in the
proceedings, except if the same is used investigation and monitoring and/or filing
as evidence against a person or persons of the complaint for a person who suffers
accused of committing torture. torture and other cruel, inhuman and
Section 9. Institutional Protection of degrading treatment or punishment, or
Torture Victims and Other Persons for any interested party thereto.
Involved. - A victim of torture shall have The victim or interested party may also
the following rights in the institution of a seek legal assistance from the Barangay
criminal complaint for torture: Human Rights Action Center (BRRAC)
(a) To have a prompt and an impartial nearest him/her as well as from human
investigation by the CHR and by rights nongovernment organizations
agencies of government concerned such (NGOs).
as the Department of Justice (DOJ), the Section 12. Right to' Physical, Medical
Public Attorney's Office (PAO), the PNP, and Psychological Examination. - Before
the National Bureau of Investigation and after interrogation, every person
(NBI) and the AFP. A prompt investigation arrested, detained or under custodial
shall mean a maximum period of sixty investigation shall have the right to he
(60) working days from the time a informed of his/her right to demand
complaint for torture is filed within which physical examination by an independent
an investigation report and/or resolution and competent doctor of his/her own
shall be completed and made available. choice. If such person cannot afford the
An appeal whenever available shall be services of his/her own doctor, he/she
resolved within the same period shall he provided by the State with a
prescribed herein, competent and independent doctor to
(b) To have sufficient government conduct physical examination. The State
protection against all forms of shall endeavor to provide the victim with
harassment; threat and/or intimidation psychological evaluation if available
as a consequence of the filing of said under the circumstances. If the person
complaint or the presentation of arrested is a female, she shall be
evidence therefor. In which case, the attended to preferably by a female
State through its appropriate agencies doctor. Furthermore, any person
shall afford security in order to ensure arrested, detained or under custodial
his/her safety and all other persons investigation, including his/her
involved in the investigation and immediate family, shall have the right to
immediate access to proper and by previous or simultaneous acts shall be
adequate medical treatment. The liable as principal
physical examination and/or
psychological evaluation of the victim Any superior military, police or law
shall be contained in a medical report, enforcement officer or senior
duly signed by the attending physician, government official who issued an order
which shall include in detail his/her to any lower ranking personnel to
medical history and findings, and which commit torture for whatever purpose
shall he attached to the custodial shall be held equally liable as principals.
investigation report. Such report shall be The immediate commanding officer of
considered a public document. the unit concerned of the AFP or the
Following applicable protocol agreed immediate senior public official of the
upon by agencies tasked to conduct PNP and other law enforcement agencies
physical, psychological and mental shall be held liable as a principal to the
examinations, the medical reports shall, crime of torture or other cruel or
among others, include: inhuman and degrading treatment or
punishment for any act or omission, or
(a) The name, age and address of the negligence committed by him/her that
patient or victim; shall have led, assisted, abetted or
allowed, whether directly or indirectly,
(b) The name and address of the nearest the commission thereof by his/her
kin of the patient or victim; subordinates. If he/she has knowledge of
(c) The name and address of the person or, owing to the circumstances at the
who brought the patient or victim for time, should have known that acts of
physical, psychological and mental torture or other cruel, inhuman and
examination, and/or medical treatment; degrading treatment or punishment shall
be committed, is being committed, or
(d) The nature and probable cause of the has been committed by his/her
patient or victim's injury, pain and subordinates or by others within his/her
disease and/or trauma; area of responsibility and, despite such
knowledge, did not take preventive or
(e) The approximate time and date when corrective action either before, during or
the injury, pain, disease and/or trauma immediately after its commission, when
was/were sustained; he/she has the authority to prevent or
investigate allegations of torture or other
(f) The place where the injury, pain,
cruel, inhuman and degrading treatment
disease and/or trauma was/were
or punishment but failed to prevent or
sustained;
investigate allegations of such act,
(g) The time, date and nature of whether deliberately or due to
treatment necessary; and negligence shall also be liable as
principals.
(h) The diagnosis, the prognosis and/or
disposition of the patient. Any public officer or employee shall be
liable as an accessory if he/she has
Any person who does not wish to avail of knowledge that torture or other cruel,
the rights under this provision may inhuman and degrading treatment or
knowingly and voluntarily waive such punishment is being committed and
rights in writing, executed in the without having participated therein,
presence and assistance of his/her either as principal or accomplice, takes
counsel. part subsequent to its commission in any
of the following manner:
Section 13. Who are Criminally Liable. -
Any person who actually participated Or (a) By themselves profiting from or
induced another in the commission of assisting the offender to profit from the
torture or other cruel, inhuman and effects of the act of torture or other
degrading treatment or punishment or cruel, inhuman and degrading treatment
who cooperated in the execution of the or punishment;
act of torture or other cruel, inhuman
and degrading treatment or punishment (b) By concealing the act of torture or
other cruel, inhuman and degrading
treatment or punishment and/or shall have lost the use thereof, or shall
destroying the effects or instruments have been ill or incapacitated for labor
thereof in order to prevent its discovery; for a period of more than ninety (90)
or(c) By harboring, concealing or days.
assisting m the escape of the principal/s
in the act of torture or other cruel, (f) The penalty of prision correccional in
inhuman and degrading treatment or its maximum period to prision mayor in
punishment: Provided, That the its minimum period shall be imposed if,
accessory acts are done with the abuse in consequence of torture, the victim
of the official's public functions. shall have been ill or incapacitated for
labor for mare than thirty (30) days but
Section 14. Penalties. - (a) The penalty not more than ninety (90) days.
of reclusion perpetua shall be imposed
upon the perpetrators of the following (g) The penalty of prision correccional in
acts: its minimum and medium period shall be
imposed if, in consequence of torture,
(1) Torture resulting in the death of any the victim shall have been ill or
person; incapacitated for labor for thirty (30)
days or less.
(2) Torture resulting in mutilation;
(h) The penalty of arresto mayor shall be
(3) Torture with rape; imposed for acts constituting cruel,
(4) Torture with other forms of sexual inhuman or degrading treatment or
abuse and, in consequence of torture, punishment as defined in Section 5 of
the victim shall have become insane, this Act.
imbecile, impotent, blind or maimed for (i) The penalty of prision correccional
life; and shall be imposed upon those who
(5) Torture committed against children. establish, operate and maintain secret
detention places and/or effect or cause
(b) The penalty of reclusion temporal to effect solitary confinement,
shall be imposed on those who commit incommunicado or other similar forms of
any act of mental/psychological torture prohibited detention as provided in
resulting in insanity, complete or partial Section 7 of this Act where torture may
amnesia, fear of becoming insane or be carried out with impunity.
suicidal tendencies of the victim due to
guilt, worthlessness or shame. (j) The penalty of arresto mayor shall be
imposed upon the responsible officers or
(c) The penalty of prision correccional personnel of the AFP, the PNP and other
shall be imposed on those who commit law enforcement agencies for failure to
any act of torture resulting in perform his/her duty to maintain, submit
psychological, mental and emotional or make available to the public an
harm other than those described 1n updated list of detention centers and
paragraph (b) of this section. ' facilities with the corresponding data on
the prisoners or detainees incarcerated
(d) The penalty of prision mayor in its or detained therein, pursuant to Section
medium and maximum periods shall be 7 of this Act.
imposed if, in consequence of torture,
the victim shall have lost the power of Section 15. Torture as a Separate and
speech or the power to hear or to smell; Independent Crime. - Torture as a crime
or shall have lost an eye, a hand, a foot, shall not absorb or shall not be absorbed
an arm or a leg; or shall have lost the by any other crime or felony committed
use of any such member; Or shall have as a consequence, or as a means in the
become permanently incapacitated for conduct or commission thereof. In which
labor. case, torture shall be treated as a
separate and independent criminal act
(e) The penalty of prision mayor in its whose penalties shall be imposable
minimum and medium periods shall be without prejudice to any other criminal
imposed if, in consequence of torture, liability provided for by domestic and
the victim shall have become deformed international laws.
or shall have lost any part of his/her
body other than those aforecited, or
Section 16. Exclusion from the attainment of restorative justice, a
Coverage of Special Amnesty Law. - In parallel rehabilitation program for
order not to depreciate the crime of persons who have committed torture
torture, persons who have committed and other cruel, inhuman and degrading
any act of torture shall not benefit from punishment shall likewise be formulated
any special amnesty law or similar by the same agencies.
measures that will have the effect of
exempting them from any criminal Section 20. Monitoring of Compliance
proceedings and sanctions. with this Act. - An Oversight Committee
is hereby created to periodically oversee
Section 17. Applicability of Refouler. - the implementation of this Act. The
No person shall be expelled, returned or Committee shall be headed by a
extradited to another State where there Commissioner of the CRR, with the
are substantial grounds to believe that following as members: the Chairperson
such person shall be in danger of being of the Senate Committee on Justice and
subjected to torture. For the purposes of Human Rights, the respective
determining whether such grounds exist, Chairpersons of the House of
the Secretary of the Department of Representatives' Committees on Justice
Foreign Affairs (DFA) and the Secretary and Human Rights, and the Minority
of the DOJ, in coordination with the Leaders of both houses or their
Chairperson of the CHR, shall take into respective representatives in the
account all relevant considerations minority.
including, where applicable and not
limited to, the existence in the Section 21. Education and Information
requesting State of a consistent pattern Campaign. - The CHR, the DOJ, the
of gross, flagrant or mass violations of Department of National Defense (DND),
human rights. the Department of the Interior and Local
Government (DILG) and such other
Section 18. Compensation to Victims of concerned parties in both the public and
Torture. - Any person who has suffered private sectors shall ensure that
torture shall have the right to claim for education and information regarding
compensation as provided for under prohibition against torture and other
Republic Act No. 7309: Provided, That in cruel, inhuman and degrading treatment
no case shall compensation be any lower or punishment shall be fully included in
than Ten thousand pesos (P10,000.00). the training of law enforcement
Victims of torture shall also have the personnel, civil or military, medical
right to claim for compensation from personnel, public officials and other
such other financial relief programs that persons who may be involved in the
may be made available to him/her under custody, interrogation or treatment of
existing law and rules and regulations. any individual subjected to any form of
arrest, detention or imprisonment. The
Section 19. Formulation of a Department of Education (DepED) and
Rehabilitation Program. - Within one (1) the Commission on Higher Education
year from the effectivity of this Act, the (CHED) shall also ensure the integration
Department of Social Welfare and of human rights education courses in all
Development (DSWD), the DOJ and the primary, secondary and tertiary level
Department of Health (DOH) and such academic institutions nationwide.
other concerned government agencies,
and human rights organizations shall Section 22. Applicability of the Revised
formulate a comprehensive rehabilitation Penal Code. - The provisions of the
program for victims of torture and their Revised Penal Code insofar as they are
families. The DSWD, the DOJ and thc applicable shall be suppletory to this Act.
DOH shall also call on human rights Moreover, if the commission of any crime
nongovernment organizations duly punishable under Title Eight (Crimes
recognized by the government to Against Persons) and Title Nine (Crimes
actively participate in the formulation of Against Personal Liberty and Security) of
such program that shall provide for the the Revised Penal Code is attended by
physical, mental, social, psychological any of the acts constituting torture and
healing and development of victims of other cruel, inhuman and degrading
torture and their families. Toward the treatment or punishment as defined
herein, the penalty to be imposed shall appointed by the Secretary of the said
be in its maximum period. department.
Section 23. Appropriations. - The Section 2. Powers and Functions of
amount of Five million pesos the Board. – The Board shall have the
(Php5,000,000.00) is hereby following powers and functions:
appropriated to the CHR for the initial
implementation of tills Act. Thereafter, (a) to receive, evaluate, process and
such sums as may be necessary for the investigate application for claims under
continued implementation of this Act this Act;
shall be included in the annual General (b) to conduct an independent
Appropriations Act. administrative hearing and resolve
Section 24. Implementing Rules and application for claims, grant or deny the
Regulations. - The DOJ and the CHR, with same;lawphi1Ÿ
the active participation of human rights (c) to deputize appropriate government
nongovernmental organizations, shall agencies in order to effectively
promulgate the rules and regulations for implement its functions; and
the effective implementation of tills Act.
They shall also ensure the full (d) to promulgate rules and regulations
dissemination of such rules and in order to carry out the objectives of
regulations to all officers and members this Act.
of various law enforcement agencies.
Section 3. Who may File Claims. –
Section 25. Separability Clause. - If any The following may file claims for
provision of this Act is declared invalid or compensation before the Board:
unconstitutional, the other provisions not
affected thereby shall continue to be in (a) any person who was unjustly
full force and effect. accused, convicted and imprisoned but
subsequently released by virtue of a
Section 26. Repealing Clause. - All laws, judgment of acquittal;
decrees, executive orders or rules and
regulations contrary to or inconsistent (b) any person who was unjustly
with the provisions of this Act are hereby detained and released without being
repealed or modified accordingly. charged;

Section 27. Effectivity. - This Act shall (c) any victim of arbitrary or illegal
take effect fifteen (15) days after its detention by the authorities as defined in
publication in the Official Gazette or in at the Revised Penal Code under a final
least two (2) newspapers of general judgment of the court; andlawphi1©
circulation.
(d) any person who is a victim of violent
Republic Act No. 7309 - March crimes. For purposes of this Act, violent
30, 1992 crimes shall include rape and shall
likewise refer to offenses committed with
AN ACT CREATING A BOARD OF malice which resulted in death or serious
CLAIMS UNDER THE DEPARTMENT physical and/or psychological injuries,
OF JUSTICE FOR VICTIMS OF UNJUST permanent incapacity or disability,
IMPRISONMENT OR DETENTION AND insanity, abortion, serious trauma, or
VICTIMS OF VIOLENT CRIMES AND committed with torture, cruelly or
FOR OTHER PURPOSES barbarity.
Be it enacted by the Senate and House Section 4. Award Ceiling. – For victims
of Representatives of the Philippines in of unjust imprisonment or detention, the
Congress assembled: compensation shall be based on the
number of months of imprisonment or
Section 1. Creation and Composition detention and every fraction thereof
of the Board. – There is hereby created shall be considered one month; Provided,
a Board of Claims under the Department however, That in no case shall such
of Justice, hereinafter referred to as the compensation exceed One Thousand
Board, to be composed of one (1) pesos (P1,000.00) per month.
chairman and two (2) members to be
In all other cases, the maximum amount Base Conversion and Development
for which the Board may approve a claim Authority.
shall not exceed Ten thousand pesos
(P10,000.00) or the amount necessary to The proceeds from any contract relating
reimburse the claimant the expenses to the depiction of a crime in a movie,
incurred for hospitalization, medical book, newspaper, magazine, radio or
treatment, loss of wage, loss of support television production, or live
or other expenses directly related to entertainment, of any kind, or in any
injury, whichever is lower. This is without other form of commercial exploitation of
prejudice to the right of the claimant to any convict's story, recollection, opinion
seek other remedies under existing laws. and emotions with regard to the offense
committed shall not be released to
Section 5. When to File Claims. – Any convict in a criminal case or his heirs,
person entitled to compensation under agents, assignees or successors in
this Act must, within six (6) months after interest until full compensation for
being released from imprisonment or damages suffered by a awarded to, the
detention, or from the date the victim victim, his heirs or successors in interest
suffered damage or injury, file his claim is paid or arranged for, and the state is
with the Department, otherwise, he is able to collect/assess fines and costs and
deemed to have waived the same. any other amounts due it in case of a
Except as provided for in this Act, no conviction by final judgment. Such
waiver of claim whatsoever is valid. damages shall include, but shall not be
limited to, judicial awards, funeral
Section 6. Filing of Claims by expenses, medical expenses, lost
Heirs. – In case of death or incapacity of earning and the like.
any person entitled to any award under
this Act, the claim may be filed by his To ensure the continuity of the funding
heirs, in the following order: by his requirements under this Act, the amount
surviving spouse, children, natural of Five pesos (P5.00) shall be set aside
parents, brother and/or sister. from each filing fee in every civil case
filed with the court, the total proceeds of
Section 7. Resolution of Claims. – which shall constitute the Victim
The Board shall resolve the claim within Compensation Fund to be administered
thirty (30) working days after filing of the by the Department of Justice.
application.
Section 10. Repealing Clause. – All
The Board shall adopt an expeditious Laws, executive orders and executive
and inexpensive procedure for the issuances inconsistent with this Act are
claimants to follow in order to secure hereby deemed repealed or modified
their claims under this Act. accordingly.
Section 8. Appeal. – Any aggrieved Section 11. Separability Clause. – If
claimant may appeal, within fifteen (15) for any reason any section or provision of
days from receipt of the resolution of the this Act shall be declared
Board, to the Secretary of Justice whose unconstitutional or invalid, no other
decision shall be final and executory. section or provision shall be affected
Section 9. Funding. – For purposes of thereby.
this Act, the initial amount of Ten million Section 12. Effectivity Clause. – This
pesos (P10,000,000.00) is hereby Act shall take effect after its publication
authorized to be appropriated from the in two (2) newspapers of general
funds of the National Treasury not circulation.
otherwise appropriated.
Approved: March 30, 1992.
The subsequent annual funding shall
also partly come from one percent (1%)
of the net income of the Philippine
Amusement and Gaming Corporation Principles of Law Enforcement
and one percent (1%) of the proceeds Operations
and sales and other disposition and Police Operation Police is a body of
military camps ion Metro Manila by the armed men, which as an institution can
exercise its duties by armed physical 8. Accountability
forces to preserve peace and order,
detection of crime and the execution of Law enforcement agencies should
laws. establish mechanisms for accountability
and oversight.
Police Operation are defined as the job,
duties , responsibilities and activities 9. Information and Intelligence
that law enforcement agents in the field. Effective law enforcement operations
1. Public Service rely on accurate and timely information.
Agencies should gather and analyze data
Law enforcement agencies exist to serve share intelligence and use evidence -
and protect the public. The primary based strategies to prevent and respect
purpose is to maintain law and order. to crime.
2. Integrity [Link] Improvement
Law enforcement must uphold the Law enforcement agencies should strive
highest standards of integrity and ethical for continuous improvement through
conduct. They are expected to enforce self-assessment, learning from past
and abide by the law themselves while experiences, adopting best practices and
maintaining honesty, fairness and adapting to changing societal needs and
transparency in their actions. expectations.
3. Respect for Human Rights
Law enforcement should respect and
protect the human rights and dignity of
all individuals.
4. Community Engagement
Effective law enforcement is built upon
strong partnerships and collaboration CHAPTER III
with community. Agencies should
actively engage and involve the Law Enforcement and Public Safety
community in decision-making Agencies Operations
processes, problem solving and crime
prevention efforts. Law enforcement agency is a
government agency that is responsible
5. Proportional Use of Force in the enforcement of law (Wikipedia,
n.d.). In this view, police officers are
Law enforcement officers should use recognized to play a significant role in
force only when necessary and in the investigation, detection and
proportion to the threat faced. The use of prevention of crime as well as
force should be guided by the principles responding to a crime or any unexpected
of reasonableness, necessity and and emergency situations. Public safety
proportionality. agency means an organization that
6. Due Process provides law enforcement, emergency
medical, fire, rescue, communications, or
Law enforcement agencies must ensure related support services (Law Insider,
that individuals are treated fairly and n.d.). Police operations are defined as
receive due process under this law. This the job duties, responsibilities, and
includes respecting the rights of activities that law enforcement agents
individuals during arrests, detentions, complete in the field (Police Operations:
investigation and court Theory & Practice, 2017).
7. Professionalism and I. PNP OPERATIONS (Revised PNP
Competence Operational Procedures 2021)
Law enforcement should posses the The Philippine National Police is the
knowledge, skills and abilities required to armed, civilian national police force in
carry out their duties effectively. the Philippines (Fandom, n.d.). It is
national in scope and civilian in SAFETY AGENCIES OPERATIONS
character administered and controlled by
a National Police Commission. It is a 2. Coordination by Filing
community and service-oriented agency Coordination Form.
responsible for the maintenance of Prior to the launching of the
peace and order and public safety (R.A. operation except in cases where the
8551, 1998). formal (in writing) inter-unit
As strategic guidelines, all PNP personnel coordination cannot be made due to
shall, regardless of the type of function the nature and/or urgency of the
to be performed and/or police operations situation such as, but not limited to,
to be conducted, must know by heart cross- jurisdiction pursuit operations,
and shall comply with and apply the coordination should be made
following principles and procedures: formally using the prescribed
Coordination Form, which shall be
1. To Serve and Protect filed with the concerned operation
center of the Police Regional,
The responsibility of every police officer Provincial or City Police Office and
is to serve the public and protect life and Police Stations.
property.
3. Coordination by
2. To Respect Human Rights and Practical/Available Means of
Dignity of Person Communication.
All PNP personnel shall respect and In cases where formal inter-unit
uphold the human rights and dignity coordination is not feasible, the
of all persons at all times. Police Unit concerned shall endeavor
A. OPERATIONAL GUIDELINES to notify the Local Police Unit (LPU)
through any practical/ available
"All PNP personnel shall respect and means of communication including
uphold the human rights and dignity but not limited to electronic or signal
of all persons at all times." communication at any time before
the operation and shall accomplish
a) Pre-Operational Clearance and furnish the LPU a written incident
report immediately after the
In all planned police operations, the
termination of the operation.
team leader of the operating team/s
shall secure a Pre-Operation c) Requirements of Police
Clearance prior to the conduct of Operations
operation. This clearance must be
approved by their Chief/Commander/ 1. Basic Requirements.
Head of Office/Unit and must be
submitted at the Operations a) With marked police vehicle;
Section/Division of the concerned Police operations such as but not
operating police units for record limited to arrest, search and seizure,
purposes. checkpoint, roadblocks, and civil
b) Coordination disturbance management shall,
whenever applicable and practicable,
1. Inter-Office Coordination. be conducted as follows:

The operations officer or Team b) Led by a Police Commissioned


Leader/s (TL) of Local Police Units Officer (PCO) or the most senior
(LPUs) operating outside their Police Non-Commissioned Officer
territorial jurisdiction and National (PNCO) in the absence or
Support units (NSUs) shall, whenever unavailability of a PCO; and
practicable, coordinate personally at
any levels of police offices (Police c) With personnel in prescribed police
Regional Office (PRO) to Municipal uniform except for covert operatives
Police Station (MPS) or other friendly when serving warrant of arrest
units within whose jurisdiction the provided personnel in uniform shall
operation is to be conducted be present during the arrest with the
use of Body Worn Cameras (BWCs)
and/or Alternative Recording Devices practicable, in cases of warrantless
(ARDs) during the conduct of arrests. The rules on the use of BWC
searches and arrests. under A.M. No. 21-06-08-SC shall be
observed.
2. Use of Megaphones and
Similar Instruments/ devices. c) The BWC/ARD shall not be
used/activated in the following
During actual police intervention circumstances:
operations, the Team Leader shall
use peaceful means including the use 1) In police facilities unless in an
of megaphones or any other similar official capacity, or as part of an
instruments/ devices to warn or investigation procedure.
influence the offender/s or suspect/s
to stop and/or peacefully surrender. 2) Conduct of any personal activity
(in any location where individuals
3. Accessories. have a reasonable expectation of
privacy, such as restrooms, locker
A police officer may carry or use rooms, or break rooms). As a
accessories appropriate to the police reminder, there is potential criminal
operation being performed. and civil liability if this restriction is
Accessories may include, ballistic violated;
vest, handheld radio, first aid kit,
flashlight, hand cuff, whistle and non- 3) Conduct of any personal activity in
lethal equipment including but not locations where individuals have
limited to baton, truncheon, and reasonable expectation of privacy
night stick to be used in a non-armed such as in residences, unless the
confrontation with a violent, recording is being made pursuant to
uncooperative and unruly offender. a valid arrest or search warrant of the
individuals or locations;
4. Use of Body Worn Camera.
4) During strip or body cavity
a) Chain of Custody over the searches when such is necessary as
Recordings in the Execution of Arrest provided in the warrant;
and Search:
5) Conduct of tactical planning before
1) Recording of the footage using the the planned operation;
BWCS/ARDS;
6) Intentionally activated to record
2) Turnover of the BWCs/ARDs used conversations/ communications
by the arresting or searching team, between PNP personnel without their
or of the data by the media knowledge during routine, and other
representative to the Data Custodian non-law enforcement related
to which they belong; activities;
3) Downloading of the data by the 7) Between confidential informants
Data Custodian: or undercover officers;
4) Redaction of personal identities by 8) Privileged communications
the Data Custodian or his/her between the subject of recordings
representative, whenever applicable; and other individuals, such as
5) Retrieval of recording data and attorneys, members of the clergy,
their transfer to an external media peer support councilors and medical
storage device by the Data professionals;
Custodian; 9) While on the grounds of any
6) Submission and delivery of the public, private or parochial
recordings contained in an external elementary or secondary school,
media storage device to the court. hospitals, churches and other places
of worship except when responding
b) The BWC/ARD shall be to an imminent threat to life or
used/activated during the conduct of health; and
arrest, search and whenever
10) Other circumstances as may be dynamic suspect/sora offender/s
provided by the trial court issuing the threats or resistances. In all instance
warrant which is part of the professional and respectable
constitutional privilege and where deportiment of police as public safety
the dignity of an individual may servants, civil use of language, well-
outweigh the public necessity for mannered decorum and utmost
recording. respect for human rights shall be
observed.
5. Use of Force Policy
Three Approaches on the Use of
a. Application of Necessary and Force Continuum
Reasonable Force. In the lawful
performance of duty, a police officer 1) Non-Lethal Approach. This
shall use necessary and reasonable involves the police presence in crime-
force to accomplish his/her mandated prone areas and the employment of
task of enforcing the law and activities or actions to persuade
maintaining peace and order. and/or request cooperation of people
particularly suspects and law
A police officer, however, is not offenders to police instructions and
required to afford the offender/s other control efforts.
attacking him/her the opportunity for
a fair or equal struggle. The necessity 2) Less Lethal Approach. This
and reasonableness of the force involves the employment of less
employed will depend upon the lethal equipment that do not cause
number of aggressors, nature and serious injury and/or death and that
characteristic of the weapon used, less physical measures have been
physical condition, size and other tried and deemed inappropriate
circumstances to include the place purposely to ensure cooperation,
and occasion of the assault. The compliance surrender. The age,
police officer is given the sound gender and health condition of
discretion to consider these factors in offenders shall be considered before
employing reasonable force. the employment of less lethal
equipment.
During confrontation with an armed
offender, only such necessary and 3) Lethal Approach. This involves
reasonable force shall be applied as the employment of lethal equipment
would be sufficient to overcome the usually as last resort. Lethal force will
aggression by the offender; subdue only be employed when all other
the clear and imminent danger posed approaches have been exhausted
by him/her; or to justify the force/act and found to be insufficient to thwart
under the principles of self-defense, the life-threatening actions of
defense of relative, defense of omissions posed by armed suspect or
stranger or fulfillment of duty, in law offender. This approach carries
accordance with the elements laid with it the greater responsibility as it
down by law and jurisprudence. The may result to severe injury and
excessive use of force to arrest or serious bodily harm and/or death
immobilize the suspect during police
operation is prohibited. c. Responsibility of the Police
Officer in Charge of the
b. The Force Continuum. It is a Operations. The police officer who
linear-progressive decision-making is in charge of the operation shall, at
process which displays the array of all times, observe the Force
police reasonable responses Continuum and exercise control over
commensurate to the level of all police personnel in the area of
suspect/law offender's resistance to operation to protect lives and
effect compliance, arrest and other properties.
law enforcement actions. It allows
police officer responses to be flexible
and/or employ reasonable force in
either sequential, consecutive or
combination of options against the
d) Use of Firearm During Police e) Procedures After an Armed
Operations Confrontation. Immediately after an
armed confrontation, the officer who
1) Use of Firearm When Justified. is in charge of the operation, when
The use of firearm is justified if the applicable, shall:
offender poses an imminent danger
of causing death or injury to the 1) Secure the site of confrontation;
police officer or other persons. The
use of firearm is also justified under 2) Check whether the situation still
the doctrines of self-defense, defense poses imminent danger;
of a relative, and defense of a 3) Take photographs;
stranger. However, one who resorts
to self-defense must face a real 4) Evacuate all wounded to the
threat on his/her life, and the peril nearest hospital regardless of the
sought to be avoided must be actual, extent of injury;
imminent and real. Unlawful
aggression should be present for self- 5) Keep arrested suspects in
defense to be considered as a isolation;
justifying circumstance.
6) Conduct debriefing on all involved
The police shall not use warning PNP operatives;
shots during police operation except
7) Submit After-Operations Report;
when the police officer is
and 8) Ensure psychological stress
outnumbered and overpowered, and
counselling for all involved PNP
his/her life and limb is in imminent
Operatives.
danger.
B. CATEGORIES OF POLICE
2) Firing at Moving Vehicles is
OPERATIONS
prohibited. A moving vehicle and its
occupants shall not be fired upon 1. PATROL OPERATIONS
except when its occupants pose
imminent danger of causing death or Patrol is defined as the action of
injury to the police officer or any traversing a district or beat or of
other person, and that the use of going the rounds along a chain of
firearm does not create any danger guards for observation or the
to the public and outweighs the likely maintenance of security (Merriam-
benefits of its non-use. In firing at a Webster, n.d.). It means to pass
moving vehicle, the following along a road, beat, etc., or around or
parameters should be considered: through a specified area in order to
maintain order and security
a) The intent of the suspect/s to harm ([Link], 2022).
the police officer or other persons;
Police patrols play an important role
b) The capability of the suspect/s to in public service by responding to
harm with certainty the police officer incidents, deterring and preventing
or other persons; and crimes. It can give a sense of security
to people who need protection and
c) Accessibility or the proximity of the
discourage those who may commit
suspect/s from the police officer and
crimes in the absence of a patrol.
other persons.
Police patrolling is an indispensable
3) Filing of an Incident Report component and function of police
After the Use of Firearm. A police departments. The goals and
officer who fires his/her service objectives of police patrol include
firearm or weapon during a crime prevention, criminal
confrontation with an offender or apprehension, law enforcement,
offenders must submit an incident order maintenance, public services,
report outlining the circumstances and traffic enforcement (Zhang, Y.&
necessitating the use of his/her Brown, D.E., 2013).
firearm.
Patrol Operations is the most basic
police function and known as the
backbone of policing (PNP 2. Organizational detail of personnel;
Operational Procedures 2021).
3. Duration;
a. Patrol Guidelines:
4. Stand-by points; and
1) Conduct briefing before and
debriefing after patrol operations 5. Route plan.

2) Perform firearm and equipment b. Designate members of the patrol


check prior to dispatch. team/s;

3) Observe precautionary measures c. Conduct personnel and equipment


and personal safety while on patrol; check;

4) Plan out patrol routes based on d. Conduct briefing prior to dispatch


prevailing crime trends and patterns; by disseminating any orders,
directives or instructions from the
5) Observe defensive driving and Chief of Police (COP) or higher
follow traffic rules and regulations; authorities and new policy or
guidelines being implemented by the
6) Establish good rapport with people PNP Organization;
on your beat and be familiar with all
the people in the community; e. Render hourly report of personnel
location and situation through
7) Patrol members must be always on radio/telephone/cellphone to Police
the look- out for indications of vices Community Precinct (PCP)/Station
and other illegal activities on their Headquarters Tactical Operation
beat; Center (TOC);
8) Patrol members must be f. Render after-patrol report duly
knowledgeable of all conditions, signed by duty supervisor. PCP
events and details of places on their Commanders shall collate and submit
beat; significant details to the Station
9) Be observant of people, places, Patrol Supervisor, who in turn, will
situations or conditions and develop submit the same to the
an inquisitive attitude especially if Provincial/District Patrol Supervisor,
the subject appears to be slightly out and
of the ordinary; g. Conduct debriefing immediately
10) Keep under close observation after the completion of patrol duties.
actions of juveniles, 2) Patrol Officers
troublemakers/agitators and the
mentally ill/ retarded persons and 1. Attend the roll call formation
report information to the concerned before his/her Tour of Duty for
agency for appropriate action; briefing and likewise attend the after
Tour of Duty formation for debriefing
11) When requiring proof of
identification from any person, let 2. Patrol the assigned beats, observe
him/her hand it over to you; and check suspicious people,
structures/buildings, compounds and
12) Patrol members must inform vehicles;
tactical operations center before
responding to any incident. 3. Observe and monitor public
gatherings, prevent disorders and
b. Patrol Duties disperse unlawful assemblies;
1) Patrol Supervisors 4. Inspect and/or conduct
a. Make a patrol plan with the surveillance in various business
following details: establishments and other
installations and remove hazards to
1. Area Coverage: safe haven, public safety;
ambush areas and crime-prone
areas;
5. Check suspicious vehicles (private, possibility of greater damage and the
public, or commercial/delivery neighborhood characteristics.
vehicles) in the course of their patrol;
5. Whenever practicable and
6. Report occurrences and conditions available, use and activate the BWC
which relate to crime, public peace, and comply with the guidelines and
order and safety; policies on the use thereof.
7. Prevent crimes and arrest criminal 6. Stop the patrol car some distance
offenders; from the scene.
8. Conduct regular visitations, 7. Approach the scene on foot, in
dialogues/consultations with the complete silence and exercising
residents and other stakeholders; extreme caution.
9. Assist personnel of responsible 8. Immediately attend to the injured
agencies/unit in facilitating the flow unless the other members of the
of traffic at busy intersections/ roads patrol are in imminent danger.
within his/her Area of Responsibility
(AOR), assist and provide pedestrian 9. Focus all efforts to arrest criminals;
information such as directions and however, priority shall be given to
street locations; aiding the injured.

10. Respond to calls, entertain 10. Determine the crime committed,


complaints, initiate the investigation identify and question briefly the
and protection of the crime scene victim/complainant and possible
and minimize the after-effects of witnesses at the scene.
accidents, fires and other 11. If the suspects or criminals have
catastrophes; fled the scene before the arrival of
11. Wear the prescribed patrol the patrol team, interview witnesses
uniform; and immediately relay any
information gathered regarding the
12. Have the necessary equipment; composition, appearance of the
and suspect, weapons used, mode and
direction of escape and other
13. Strictly observe "Buddy System" information which may lead to the
during the patrol operations. arrest of the suspects to the
c. Guidelines and Procedures Operations Center for the conduct of
when Responding to Calls for dragnet operations
Police Assistance 12. When responding to street
1. Gather and note down in the patrol fights/brawls, the patrol member may
officer's notebook all available data call for back-up before intervening. If
as to the nature of the calls, date, there are no injuries and insufficient
time and name of the caller. It may corroborative statements obtained to
be regular, urgent or emergency in identify who started the fight, bring
nature. both parties to the police station for
appropriate action.
2. Responding officers shall validate
first before responding to calls for 13. Treat all calls for police assistance
police assistance especially in areas properly including complaints of
with presence of threat groups. nuisances caused by excessive
sound, odor, smoke, blinding light
3. The manner of approach will be among others
dependent on the nature of the call,
either with haste/secrecy or 14. When responding to calls for
with/without flashing lights and police assistance due to suspected
sirens. explosive device, never attempt to
handle, move or lift the object.
4. Consider the pertinent factors like Instead contact TOC and request for
the time, traffic conditions, the Explosive Ordinance Disposal
Team/K9 (EODT/K9). Immediately
isolate and cordon the area within a Institute, n. d.). It is a search
safe distance from the suspected conducted on a person for weapons
device. Divert the flow of traffic if or dangerous item. The search is
necessary. generally over the clothes
([Link], 2021).
15. When responding to calls from
beer houses, KTV bars, or any other When to Stop and Frisk
similar establishments, ensure that (Pat-Down Search)
all the lights are switched on.
a) Stopping. The police officer may
16. When responding to request for stop a person only when there is
police assistance involving domestic genuine reason to believe, based on
violence, dispute between neighbors experiences and the particular
and landlords/tenants, as much as circumstances that a criminal activity
possible, seek the presence of may be afoot. The police officer must
barangay officials and DSWD be able to point to specific facts that,
personnel as the case may be. when taken together with rational
inferences, reasonably warrant the
17. When responding to crime stop. Such facts include, but not
incidents involving a woman, either limited to the following:
as victim or suspect, the presence of
a female police officer is necessary. 1) The person is reported to be
allegedly involved in a criminal
18. When responding to police activity;
assistance related to highly infectious
diseases, immediately inform the 2) The actions or demeanor of the
barangay concerned and the Station person suggest that he/she is
TOC for the observance of the health engaged in a criminal activity:
standard protocol.
3) The person is carrying something
19. When responding to cybercrime, illegal or when his/her clothing
secure and preserve the evidence bulges in a manner that suggests
and immediately seek assistance he/she is carrying a weapon; and
from cybercrime investigators.
4) The person is seen at the time and
20. When responding to a hostage place proximate to an alleged crime
taking situation, secure the scene, incident and/or flees at the sight of a
establish perimeter security and police officer.
inform tactical operations center.
b) Body Frisking (Pat-Down
2. LAW ENFORCEMENT Search).
OPERATIONS Include service of
warrant of arrest, implementation of A police officer has the right to
search warrant, enforcement of perform body frisking if the person
visitorial powers of the Chiefs of has been stopped with genuine
Police, and other anti-criminality reason to believe that he/she carries
operations. weapon/s and poses a threat to the
police officer's or another person's
a. Stopping and Frisking safety. Circumstances which may
(Pat-Down Search) justify body frisking (pat-down
search) include but not limited to the
Spot Checks are usually conducted following:
in times of heightened security alerts
or in areas where a crime has been 1) Visual indication suggesting that
committed and investigation or the person is carrying a firearm or
surveillance is being conducted and other deadly weapon;
where the police need to increase its
vigilance (PNP HRAO, 2008). 2) The type of crime believed to have
been committed by the person,
A Pat-down Search is when a police particularly crimes of violence where
officer pats down the outer surfaces the threat of use or use of deadly
of a person's clothing in an attempt weapon is involved; and
to find weapons (Legal Information
3) The threatening demeanor of the 3) Verifiers - shall conduct document
person. verification, search, seizure and
arrest, if necessary, initial custody of
b. Checkpoints seized evidence;
It is the place where the military or 4) Search/Arresting personnel - shall
police check vehicular or pedestrian search, seize illegal items and arrest
traffic in order to enforce circulation offenders; and
control measures and other laws,
orders, and regulations which 5) Forward/Rear Security - shall
involves only a brief detention of provide security in the checkpoint
travelers during which the vehicle's area and block/pursue fleeing
occupants are required to answer a suspects/vehicle.
brief question (PNP Legal Service,
2012). c) Hasty Checkpoint

a) Authority to Establish It is an immediate response to block


Checkpoints. The establishment of the escape of lawless elements from
checkpoints shall be authorized by a crime scene, and is also
the Head of Office of the territorial established when nearby checkpoints
PNP unit and manned by uniformed are ignored or during hot pursuit
PNP personnel. Other units may operations. It is set up by police
establish checkpoints in coordination personnel conducting mobile patrol
with the Head of Office of the on board a marked police vehicle, or
territorial PNP unit in the area. For those conducting ISO and foot patrol
this purpose, the Heads of Offices of operations within the
territorial units are the following: vicinity/periphery of the national or
provincial highways (PNP Legal
1) Regional Director (RD); Service, 2012).
2) District Director; d) Joint Checkpoints
3) Provincial Director; 1) Commission on Elections
(COMELEC) Checkpoints
4) City Director;
2) Inter-Agency Checkpoints (DENR,
5) Chief of City/Municipal Police DA, BFAR, etc)
Station;
3) Joint PNP-AFP Checkpoints
6) Station Commander;
c. Flagging Down Vehicles When
7) Sub-Station Commander; and to Flag Down Vehicles?
8) Police Community Precinct 1) Flagging Down Vehicles for
Commander. Possible Involvement in the
b) Composition. Commission of a Crime.

In the establishment of checkpoint, 2) Flagging Down Vehicles for


the checkpoint team shall be Violation of Traffic Laws, Rules and
composed of, but not limited to, the Regulations
following: 3) Flagging Down Motorists Who are
1) Team Leader (TL) - shall lead and Under the Influence of Alcohol,
take responsibility in the conduct of and/or Dangerous Drugs and Similar
checkpoint preferably a Police Substances.
Commissioned Officer (PCO). In the d. High-Risk Stop and High-Risk
absence of a PCO, the most Senior Arrest
Police Non-Commissioned Officer
(PNCO) will act as Team Leader; This is the stopping/accosting and
restraint of armed and dangerous
2) Spotter/Profiler - shall point/profile person/s, aboard a vehicle/vessel or
suspected vehicle subject for on foot, including the power to use all
checkpoint;
necessary and legal means to person/suspect onboard a motor
accomplish such end. vehicle.
General Setting Pre-Conditions in Establishing Police
Defensive Roadblocks. A police
a) Initial Stage defensive roadblock may be
Upon receipt of information regarding established in any of the following
the movement of persons/groups conditions/ situations:
involved in the commission of a 1) The object vehicle/s must be the
crime, or unauthorized movement of subject of a recent flash alarm;
armed person/s or group/s, including
government troops, the following 2) The driver/occupants of the
shall be performed: vehicle are presumed hostile and will
not stop at the checkpoint;
1) Ensure that there are
personnel/team tailing and 3) The vehicle disregarded a police-
monitoring the movement of the established checkpoint when flagged
fleeing person/s or group/s; down;
2) Organize appropriate tactical 4) The identified vehicle and
security forces utilizing maximum occupants must be the subject of a
firepower, armor, water and air police case/combat operational plan;
assets as the case may be;
5) There is unauthorized troop
3) Deploy the security forces to movement; or
stopping zones in defensive position;
and 6) There must be validated
information on any of the following:
4) Seal off the area and establish
strong roadblocks barricades. a. On-going hot pursuit/police chase;

b) Effecting a High-Risk Stop and b. Movement of suspected armed


Arrest persons onboard a motor vehicle;

When effecting high-risk stop, the c. Report of suspected armed men


police officer shall: who have just committed a crime;

1) Exert utmost effort to persuade d. Vehicle carrying escaped prisoner;


the suspects to halt or stop their or
movement; e. Armed motorcycle riding criminals,
2) Start with the procedural conduct f. Arrest
of regular warrantless arrest where
arrest is inevitable; 1. General Guidelines
3) Ensure proper documentation of a) All arrests should be made only on
the process: and the basis of a valid warrant of arrest
issued by a judge, except in
4) Respect the rights of all the instances where the law allows
persons involved. warrantless arrest.
c) During Violent Stage b) No violence or unnecessary force
The PNP shall strictly adhere to Use shall be used in making an arrest,
of Force Policy particularly on the and the person to be arrested shall
Force Continuum. not be subjected to any restraint
greater than what is necessary under
e. Police Defensive Roadblock Police the circumstances. (The Revised
Defensive Roadblock is a temporary Rules of Criminal Procedure, rule 113
installation or hastily built barricade sec. 2).
set for halting traffic to facilitate the
neutralization of an armed c) Arrests can be made on any day of
the week and at any time of the day
or night (The Revised Rules of Philippines (The Revised Rules of
Criminal Procedure, rule 113 sec. 6). Criminal Procedure, rule 113 sec. 13).
d) If the accused is already in 3. Duties of the Arresting Officer
detention, a return, together with
required documents, shall be made a) In implementing the warrant of
for any standing warrants of arrest arrest, the arresting officers shall use
issued after the service. at least one BWC and one ARD, or a
minimum of two devices, or such
e) A senator or member of the House number as may be necessary. In case
of Representatives shall, in all of unavailability of BWCs, the
offenses punishable by not more arresting officers shall file an ex-
than six years imprisonment, be parte motion before the court,
privileged from arrest while the requesting authority to use at least
congress is in session. No member two ARDS for justifiable reasons.
shall be questioned nor be held liable
in any other place for any speech or b) The BWC/ARD shall be used and
debate in the congress or in any activated upon arrival at the place of
committee thereof (Const. (1987), arrest to capture and record the
art. VI sec. 11 (Phil.). relevant incidents during the
execution of the warrant. The
f) Diplomatic agents and couriers, BWC/ARD shall be worn in a
under the Vienna Convention on conspicuous location and in a
Diplomatic Relations (1961 p8), are manner that maximizes the ability to
not liable to any form of arrest or capture a recording of the arrest. It
detention. shall only be deactivated upon
conclusion of the arrest and delivery
2. Authority of the Arresting of the person/s arrested to the
Officer when Making an Arrest nearest police station or jail. The
a) A police officer making a lawful same shall be observed in cases of
arrest may verbally summon as warrantless arrests, whenever
many persons as he/she deems BWCS/ARDS were used.
necessary to assist him/her in c) It shall be the duty of the police
effecting the arrest (The Revised officer implementing the Warrant of
Rules of Criminal Procedure, rule 113 Arrest to deliver the arrested person
sec. 10). without delay to the nearest Police
b) A police officer, in order to make Station or jail (The Revised Rules of
an arrest with or without warrant, Criminal Procedure, rule 113 sec. 3)
may break into a building or to record the fact of the arrest;
enclosure where the person to be d) At the time of the arrest, it shall be
arrested is or is reasonably believed the duty of the arresting officer to
to be in, if he is refused admittance inform the person that a warrant had
thereto, after announcing his/her been issued for his/her arrest.
authority and purpose (The Revised arrested of the cause of the arrest
Rules of Criminal Procedure, rule 113 and the fact The arresting officer
sec. 11). need not have the warrant in his/her
c) Whenever a police officer has possession at the time of the arrest
entered the building or enclosure to after the arrest, if the person
make an arrest, he/ she may break arrested so requires, the warrant
out therefrom, when necessary, to shall be shown to him/her as soon as
liberate him/herself (The Revised possible (The Revised Rules of
Rules of Criminal Procedure, rule 113 Criminal Procedure, rule 113 sec. 7);
sec. 12). e) When a woman is arrested, a
d) If a person lawfully arrested policewoman shall conduct the
escapes or is rescued, any person complete body search;
may immediately pursue to retake f) When a Child in Conflict with the
him/her without a warrant at any Law (CICL) is arrested, he/she shall
time and in any place within the be processed by the Women's and
Children's Protection Desks (WCPD) k) No torture, force, violence, threat,
officer and shall immediately be intimidation, or any other means
separated from other adult suspects. which vitiate the free will shall be
He/she must be turned over to the used against an arrested person. The
LSWDO or other accredited NGOs bringing of arrested persons to secret
within eight hours after detention places, solitary
apprehension; confinement and the like is
prohibited;
g) If a foreign national is arrested,
the arresting officer through his/her 1) The arresting officer shall ensure
COP/Unit Commander, shall perform that the arrested person is free from
the following: torture or physical abuse;
1. Simultaneously inform the Foreign m) If the person arrested without a
Liaison Division (FLD), Directorate for warrant waives his/her right under
Intelligence (DI), PNP Command the provisions of Art 125 of the
Center (PCC) and the immediate Revised Penal Code, the arresting
higher office through Short officer shall ensure that the former
Messaging System (SMS) within one signs a waiver of detention in the
hour upon the arrest; presence of his/her counsel of choice;
and
2. Submit a written report of the
incident within eight hours to the n) If the person arrested waives
immediate higher office. his/her right against self-incrimented
waid chooses to give his/her
h) In case of arrest without a warrant, statement, the arresting officer shall
it shall be the duty of the arresting ensure that the waiver is made in
officer to inform the person to be writing and signed by the person
arrested of his/her identity, authority arrested in the presence of a counsel
and the basis of the arrest except of his/her own choice or a competent
when he/she flees or forcibly resists and independent counsel provided by
before the arresting officer has the the government.
opportunity to inform him/her or
when the giving of such information 4. Arrest with Warrant
will imperil the arrest (The Revised
Rules of Criminal Procedure, rule 113 1) Warrant of Arrest
sec. 8); The warrant of arrest is the written
i) The person arrested, with or authority for the arresting officer
without warrant shall be informed of when making an arrest or taking of a
his/her constitutional right to remain person into custody in order that
silent and that any statement he/she he/she may be bound to answer for
makes could be used against the commission of an offense. The
him/her. Also, that he/she has the head of the office to whom the
right to communicate with his/her warrant of arrest has been delivered
immediate family and the right a for implementation shall cause the
physical examination. It shall be the warrant to be implemented within
duty of arresting officer to subject ten days from receipt. Within ten
arrested person with or without days after the expiration of such
warrant to a medical examination period, the police officer to whom it
prior to temporary detention; was assigned for implementation
shall make a report to the judge who
j) A person arrested without a issued the warrant and in case of
warrant shall be immediately brought his/her failure to implement the
to the Police Station for investigation same, shall state the reasons thereof.
without unnecessary delay. He/she
shall be subjected to inquest 2) Procedures in Serving Warrant
proceedings within the time of Arrest
prescribed in Article 125 of the a. Verify the validity of the Warrant of
Revised Penal Code (RPC); Arrest; b. In serving the warrant, the
police officer should introduce
himself/herself and show proper o. In case of failure to execute the
identification; warrant of arrest, the officer to whom
it was assigned for execution shall,
c. The person/s arrested shall be within 30 days from such
notified as early as practicable, that assignment, file a report stating the
the arrest is being recorded with the reasons for such failure.
BWC/ARD and that the arrest is by
virtue of the warrant; 5. Arrests without a Warrant
d. Make a manifestation of authority 1) A peace officer or a private person
against the person to be arrested; may, without a warrant, arrest a
person:
e. If refused entry, the police officer
may break into any residence, office, a) When, in his/her presence, the
building bred other structure where person to be arrested has committed,
the person to be arrested is in or is is actually committing, or is
reasonably believed to be in, after attempting to commit an offense;
announcing his/her purpose; m. n. 0.
b) When an offense has just been
f. The police officer need not have a committed and he/she has probable
copy of the warrant in his/her cause to believe, based on personal
possession at the time of the arrest. knowledge of facts or circumstances,
If the person arrested so requires, the that the person to be arrested has
warrant shall be shown to the committed it;
arrested person as soon as possible;
c) When the person to be arrested is
g. Secure the person to be arrested a prisoner who has escaped from a
and use handcuffs for the protection penal establishment or place where
of the arresting officer, other he/she is serving final judgment or
individuals or the arrested person temporarily confined while his/her
himself/herself; case is pending, or has escaped while
being transferred from one
h. Conduct thorough search for confinement area to another (The
weapons and other illegal materials Revised Rules of Criminal Procedure,
on the person arrested and rule 113 sec. 5);
surroundings within his/her
immediate control; d) Where the accused released on
bail attempts to leave the country
i. Inform the person to be arrested of without court permission;
his/her rights under the law (i.e.
Miranda Warning and Anti-torture e) Violation of conditional pardon,
Warning); punishable under Article 159 of the
Revised Penal Code as a case of
j. No unnecessary force shall be used evasion of service of sentence; and
in making an arrest;
f) Arrest following a Deportation
k. Confiscated evidence shall be Proceeding by the Immigration
properly documented with the chain Commissioner against illegal and
of custody of evidence duly and undesirable aliens.
clearly established;
2) Effecting Warrantless Arrest
l. Bring the arrested person to the
Police Station or office of the a) Make use and activate the
arresting unit for documentation; BWC/ARD if available and
practicable. Notify the person/s
m. Make a Return of Warrant to the arrested, as early as practicable, that
court of origin the arrest is being recorded with the
n. Deliver the arrested person to the BWC/ARD;
designated jail/prison facility b) Freeze or restrain the suspect/s;
immediately upon the receipt of the
commitment order from the court; c) Make proper introduction as to
and identity and authority to arrest;
d) Inform the arrested person of the 2. Conduct a more thorough body
circumstances of his/her arrest and search of the suspect/s. When
recite the Miranda Warning and Anti- women and/or minors are among
torture Warning to him/her; those arrested, the duty WCPD officer
shall do the thorough body search.
e) Secure the person to be arrested Any deadly weapon and illegal items
and use handcuffs for the protection found and seized shall also be
of the arresting officer, other recorded in the blotter. The AD shall
individuals or the arrested person indicate his/her rank and name and
him/herself; duly sign in the blotter entry;
f) Conduct thorough search for 3. Request the DO to prepare the
weapons and other illegal materials "Request for Medical Examination of
on the person arrested and the Suspect"
surroundings within his/her
immediate control 4. Bring/escort the suspects to the
government hospital referred to in
g) Confiscated evidence shall be the request form for the examination
properly documented with the chain of the suspects;
of custody of evidence duly and
clearly established; 5. After the physical/medical
examination of the suspects, bring
h) No unnecessary force shall be them back to the police station and
used in making an arrest; and turn them over, with the results of
i) Bring the arrested person to the the examination, to the Duty
police station for further investigation Investigator (DI); and;
and disposition. 6. Obtain the "Arrest and Booking
6. Physical/Medical Examination Form" and refer it to the DI so that
of Arrested Person/Suspect. they will diligently accomplish it. The
copy of the Arrest and Booking Form
Before detention, the person arrested shall form part of the case folder and
must be physically/medically be kept at the Investigation Section
examined by a medical doctor at the police station;
preferably of his/her own choice. If
the person arrested is a female, she 7. Prepare and file the corresponding
shall be attended to preferably by a report to the judge on the execution
female medical doctor. of the warrant. The report shall be
accompanied by affidavits of the PNP
personnel whose BWCS/ARDs were
used; stating the following:
(MOSTEIRO)
a) The date, time, and place of the
7. Booking of Arrested Suspect. recording:
Booking of arrested suspects shall be
undertaken to record and document b) The manner by which the
the information surrounding the recording was taken and stored, and
arrest of the suspect. The following when applicable, the fact of
are the procedures, duties and unavailability of BWCs and that a
responsibilities of personnel during resort to ARDs was necessary, and
the booking of arrested suspects: circumstances detailing the non-
activation, interruption, or sudden
a) Arresting Officer (AO) shall: termination of the recording;
1. Immediately bring the suspect/s to c) The fact that persons of the
the police station and present recording were notified of the use of
him/her to the Desk Officer (DO) for BWCs/ARDS;
recording in the police blotter the
circumstances of the arrest as well as d) The date, time, place and other
his/her identity; circumstances surrounding the first
instance of retrieval or download of
the recording from the cameras;
e) The names and positions of the 3. Ensure that Mug Shots of the
persons who had possession of and suspects are taken in four different
access to the recordings, including methods while standing straight in
details of such access, from the time front of the prescribed booking mug
of their taking until their deposit with shot backdrop and holding the
the court; prescribed Identification board. The
mug shots shall be attached or
f) The fact of redaction of personal printed in the "Booking Mug Shots";
identifiers appearing in the recording
whenever applicable, the special 4. While completing the necessary
circumstances justifying such documents for inquest, the arrested
redaction, and the details redacted; suspect shall be temporarily turned-
over to the jailer/custodial officer and
g) Whenever applicable, a covered by a "Turn-over of Arrested
certification that both unredacted Suspect/s" and a "Jailer's Receipt of
and redacted files containing the Suspects";
recordings are submitted to the
court; 5. All personal valuables of the
suspect that are not allowed to be
h) The names and positions of the brought inside the custodial facility
officers who will be delivering the shall be collected by the Investigator
recordings to the court; and turned-over to the station
i) Reasonable ground in case of non- Evidence/Property Custodian. The
compliance with any of the Investigator shall prepare a
requirements on the use of "Suspects Property Receipt";
BWCS/ARDs, including all acts 6. Ensure that the suspects'
undertaken showing genuine and fingerprints and ten prints are taken
sufficient efforts exerted to ensure only by a trained personnel using
compliance thereof. both the "Arrest and Booking Form"
b) Desk Officer (DO) shall: and the standard "Tenprint Card"
PNPCL Form No 452-038 to ensure
1. Log and record the details of the that this will be readable by the
arrest made and assign a blotter Automated Fingerprint identification
entry number. It shall include the System (AFIS). The tenprint card is
name of the arresting officer and the considered as an integral part of the
five "W"s and one "H" (Who, What, booking form;
and Where, When, Why and How) as
well as the name of the government 7. Inform the Desk Officer and
hospital to where the suspect/s will personnel in charge of the Next
be referred to for physical/ medical Generation Investigation Systems
examination; and (NGIS) of the status of the case and
the suspect so that updates will be
2. Prepare or accomplish the "Medical entered in the police blotter and the
Examination of the Suspects Request NGIS;
Form" to be signed by the OD. In
his/her absence, the DO may sign the 8. Prepare the necessary documents
request form himself/herself. such as but not limited to: affidavit of
complaint; affidavit of witness;
c) Duty Investigator (DI) shall: booking and arrest report; photo
copy of recovered evidence if any;
1. Diligently accomplish the "Arrest and a letter of case referral to the
and Booking Form" and "Medical Prosecutor's Office that should be
Examination Result Sheet" with the reviewed and signed by the COP/
AO and ensure that a copy of the Station/Unit Commander; and
results of the physical/medical
examination is attached; 9. Submit to the prosecutor
conducting the inquest proceedings,
2. Conduct record check to determine the BWC/ARD recordings along with
if the arrested suspect/s have the affidavit of arrest, in case of
previous or existing cases and/or warrantless arrests.
standing warrant of arrest;
d) The PNP personnel who wore cannot be accomplished in one day,
the BWC/ ARD shall: the search shall be continued without
let up even if it exceeds one day or
1. Turn-over to the Data Custodian all more until completed, provided it is
recordings for downloading from the still within the ten-day validity period
BWC/ARD after the conduct of arrest; of the search warrant
and
c) If the object or purpose of the
2. Execute the affidavit of arrest, in search warrant cannot be
coordination with the DI and other accomplished within the ten-day
arresting officers, if any. validity period, the responsible police
g. Search and Seizure officer conducting the search must
file, before the issuing court, an
1. Requisites for the Issuance of application for the extension of the
Search Warrant. A search warrant validity period of said search warrant.
shall be issued only upon probable
cause in connection with one specific 3. Time of Search
offense to be determined personally The warrant should be served during
by the judge after examination under daytime, unless there is a provision
oath or affirmation of the in the warrant allowing service at any
complainant and the witnesses time of the day or night.
presented. The search warrant shall
particularly describe the place to be 4. Applications for Search
searched and the things to be seized Warrant
which may be anywhere in the
Philippines. It includes the order All approved applications shall be
requiring the use of at least one BWC recorded in a logbook, duly
and one ARD, or a minimum of two maintained for the purpose,
devices, or such number as may be indicating the name of the applicant,
necessary to capture and record the name of the respondent nature of the
relevant incidents during its offense, and date of the required in
execution. the "Application for Search Warrant
"Joint Affidavit", and Deposition of
a. The following properties may Witness. application as Contents of
be the objects of a search the Application: All applications for
warrant: Search Warrant shall be approved for
filing by the Chief of Office. The
1. Properties which are the subject of application shall indicate the
the offense; following data:
2. Stolen, embezzled proceeds, or a) Office applying for the Search
fruits of the offense; and Warrant;
3. Objects including weapons, b) Name of officer-applicant;
equipment, and other items used or
intended to be used as the means of c) Name of the subject, if known;
committing an offense.
d) Exact address/place(s) to be
b. Objects that are illegal per se, searched;
even if not particularly described in
the search warrant, may be seized e) Specific statement of
under the plain view doctrine. things/articles to be seized; and

2. Validity of Search Warrant f) Sketch and/or Picture, if available,


of the place to be searched.
a) The warrant shall be valid for ten
days from date of issuance and may g) The availability or unavailability of
be served at any day within the said BWCs to be used in the execution of
period. Thereafter, it shall be void. the warrant. In case of unavailability,
request for authority to use ARDS.
b) If, in the implementation of the
search warrant, its object or purpose
5. Authority of Police Officers a. Houses, rooms, or other premises
when Conducting Search shall not be searched except in the
presence of the lawful seanpant
The authority of the police officer in thereof or any member of his/her
the conduct of search generally family or, in the absence of the
emanates from the Search Warrant latter, in the presence of two
issued by the couremanates fromess witnesses of sufficient age and
searches, there should always be a discretion residing in the same
prior valid arrest. locality.
In the conduct of search, if after b. Lawful personal properties, papers,
giving notice of his/her purpose and and other valuables not specifically
authority, the police office of refused indicated or particularly described in
admittance to the place of search, he the search warrant shall not be
may break open any outer or inner taken.
door or window or any part of a
house or anything therein to 9. Inventory and Delivery of
implement the warrant or liberate Property Seized
himself/herself or any person lawfully
aiding him/her when unlawfully a. The police officer who confiscates
detained therein. property under the warrant shall
issue a detailed receipt of property
5. Use of BWC During the Search seized to the lawful occupant of the
premises. In the absence of such
a. At least one BWC and one ARD or occupant, the detailed receipt shall
such number as may be necessary to be left in the place in which he/she
capture and record the relevant found the seized property in the
incidents during its execution shall be presence of at least two witnesses of
worn by members of the searching sufficient age and discretion residing
team. If BWCs are not available, at in the same locality (The Revised
least two ARDs must be used. Rules of Criminal Procedure, rule 126
b. The member of the searching sec. 11);
team with the device shall ensure b The receipt shall likewise include
that they are worn in a conspicuous items seized under the Plain View
location and in a manner that Doctrine;
maximizes their ability to capture a
recording of the search. c The police officer must then leave a
duplicate detailed receipt with any
c The BWCS/ARDs shall be activated barangay official having jurisdiction
upon arrival at the place of search, over the place searched following the
and shall not be deactivated until the "Receipt for Property Seized" and
search has been fully concluded and "Certification of Orderly Search"; and
the searching team have left the
premises and returned to the police d. The police officer must make a
station. return of the search warrant and
forthwith deliver the property seized
7. Notification During the Search. to the judge who issued the warrant,
When conducting search by virtue of together with an inventory thereof,
a warrant, the PNP personnel wearing duly verified under oath following the
the BWC/ARD shall, as early as forms on "Compliance/Return of
practicable, notify the lawful Search Warrant" and "Verification".
occupants of the premises to be 10. Valid Search and Seizures
searched that the execution of the Without Search Warrant
SW is being recorded and that the
conduct of search is pursuant to a a. Search Made Incidental to a
warrant issued by the court. Valid Arrest.
8. Prohibited Acts in the Conduct A person lawfully arrested may be
of Search by Virtue of a Search searched for dangerous weapons or
Warrant anything which may be used, or
which may constitute proof in the e. Searches Under Stop and Frisk
commission of an offense, without a Rule.
search warrant (The Revised Rules of
Criminal Procedure, rule 126 sec. 13). The police officer has the right to
The warrantless search and seizure stop a citizen, interrogate him/her,
as an incident to a lawful arrest may and pat him/her for weapons
extend beyond the person of the whenever he/she has genuine reason
arrested to include the premises or to believe, based on experiences and
surroundings under his/her the particular circumstances that a
immediate control. criminal activity may be afoot.

b. Search of Moving Vehicles. f. Emergency and Exigent


Circumstances.
If the police officers who will conduct
the search have reasonable or A search warrant could be validly
probable cause to believe, before the dispensed with in cases of exigent
search, that either the motorist is a and emergency situation, and the
law offender or they will find the police officers have reasonable
instrumentality or evidence grounds to believe that a crime is
pertaining to a crime in the vehicle to being committed, and they have no
be searched, the vehicle may be opportunity to apply for a search
stopped and subjected to an warrant from the courts because the
extensive search. latter were closed.

c. Seizure of Evidence in Plain h. Rules on Anti-Illegal Drugs


View. Operations

Any object in the plain view is subject 1) General Policy and Guidelines
to seizure and may be introduced as a. The Philippine Drug
evidence. Enforcement Agency (PDEA) is
Requirements under the Plain mandated by law to carry out the
View Doctrine are: provisions of Comprehensive
Dangerous Drugs Act of 2002 (RA
1) The police officer must have prior 9165), as amended by RA 10640. It
justification for an intrusion or, serves as the implementing arm of
otherwise, must be in a position from the Dangerous Drugs Board (DDB),
which he/she can view a particular and responsible for the efficient and
area; effective enforcement of all the
provisions of the aforementioned act
2) The discovery of the evidence in on any dangerous drug and/or
plain view is unintentional; and of controlled precursor and essential
3) It is immediately apparent to the chemicals (CPECS).
police officer that the item he/she b Only PNP Drug Enforcement
observes may be evidence of a Group
crime, contraband, or is a valid
subject of seizure. Special Operation Units (PDEG SOUs)
and Drug Enforcement Units (DEUs)
d. When there is a Waiver of of LPUs are authorized to conduct
Right or there is Consented Anti-Illegal Drug Operations and to
Search. coordinate with PDEA.
To constitute a waiver of this All other operating units are only
constitutional right, it must appear, allowed as support in the conduct of
first, that the right exists; second, joint operations with PDEG and/or the
that the person involved had concerned DEUS. d The PNP is not
knowledge, either actual or prevented from conducting
constructive, of the existence of such warrantless arrests in relation to
right; that said person had an actual violations of RA 9165 as amended
intention to relinquish the right ("G.R. under Section 5, Rule 113, and
No. L-45950", 1938). search incidental to a lawful arrest
under Section 13, Rule 126 of the g. In instances that the operating PDEG
Revised Rules of Criminal Procedure. SOUs and DEUs shall move to another
e Information concerning parcels area not mentioned in the COC, a new
containing dangerous drugs, CPECs Pre-Operation Report and Coordination
and drug paraphernalia shall be Form shall be submitted to PDEA. When
reported to PDEA, through the Inter- personal coordination cannot be made,
Agency Drug Interdiction Task Group. an online submission of requirement for
The PNP shall provide the necessary application for issuance of COC is
support and assistance to the task permitted. Only the control number shall
group, if required. be submitted after the operation in
exchange for the original COC, provided
2) Coordination Requirements that the principle of "One Jurisdiction,
a. Prior to the conduct of all anti-illegal One-Operation" rule shall apply; and
drug operations, PNP anti-drug units h. The PNP shall at all times submit to
shall coordinate with PDEA Regional PDEA ROC copies of operational reports
Operation Center (ROC), and the LPU such as Spot Report, Negative Operation
having jurisdiction over the area of Report and Progress Report after the
operation. Coordination shall be made conduct of any anti-illegal drug
personally with PDEA ROC to secure a operation.
Certificate of Coordination (COC);
b. PDEA anti-illegal drug operations shall
be coordinated with the concerned LPU, 1. Rules on Anti-Kidnapping
prior the conduct of operation. The Operations.
PDEA's Pre-Operation Report and
Coordination Form shall be received and The Anti-Kidnapping Group (AKG) is the
stamped by the Duty Officer of the LPU PNP's lead unit in the conduct of anti-
indicating his/her name, signature, time kidnapping operations in close
and day of coordination; coordination with the LPU, other law
enforcement agencies and the
c. All operating units shall furnish the community.
concerned LPU a copy of the After-
Operation Report immediately after the 1) Types of Kidnapping
termination of every anti-illegal drug a) Kidnapping by Organized Crime Group
operation; (OCG)/ Criminal Group (CG)
d. There shall only be one COC for every b) Kidnapping by Terrorists Groups (TG)
anti-illegal drug operation following the
"One-Jurisdiction, One-Operation" rule, c) Kidnapping by Other Individuals
wherein only one anti- illegal drug
operation against a particular suspect/s
Covering a specific area at a given time
(PACARDO)
shall be conducted;
2) Concept of Operation
e. Copies of reports pertaining to other
police operations that resulted in the Upon receipt of the kidnapping incident
arrest of a person/s and/or report at the police station, the Desk
seizure/confiscation of dangerous drugs, Officer shall record the same in the
CPECS and drug paraphernalia shall be blotter book. The COP and the
furnished to PDEA for record purposes; investigator shall immediately make an
initial assessment of the reported
f. The PDEG SOUS may conduct anti-
incident. If the initial assessment has
illegal drug operations nationwide, even
been confirmed that it is indeed a
in areas where there is an ongoing anti-
kidnapping incident, the case shall be
illegal drug operation, provided that the
referred to the AKG, otherwise, the
area of operation is specifically
incident shall be handled by the
identified, and details shall be provided
concerned LPU. AKG will form an
in the Pre-Operation Report and a
evaluation team composed of members
Coordination Form;
of the quad staff and duty officer of the
day. They will assess and evaluate the
complaint to determine the appropriate groups that are conducted to ensure
operational response. internal security of the TGs and other
serious threats to national security. of
j. Cybercrime and Cyber-Related Incident the conduct of ISO, the PNP quad
Response Operations concept shall be integrated and applied.
1) Cybercrime Response. It is the a) The PNP in an Active Support
actual police intervention in a Role
cybercrime or cyber-related incident
where the acquisition of matters of The PNP shall perform the following:
evidentiary value is traceable within the
computer's hardware, software and its 1) In white areas of operation, the PNP
network. may assume the lead role in ISO against
the TGs, other threats to national
2) Guidelines in Responding to security and OCGs engaged in armed
Cybercrime and Cyber-Related offensives. In red areas of operation, the
Incidents AFP will assume the lead role (AFP-PNP
JLD No.3, 2020);
a) When responding to a cybercrime
incident, or to a crime scene where 2) Coordination with the territorial AFP
Information and Communication and other uniformed services must be
Technology (ICT) equipment (e.g made in writing before the conduct of
computers, digital storage devices and ISO. However, in justifiable
other electronic devices the equipment) circumstances, electronic means may be
are present, it is imperative for the First allowed;
Responder (FR) to protect and preserve
the crime scene and seek the assistance 3) Specific areas where atrocities
of the station IOC to identify potential initiated by the TG occurred, such as but
evidence such as the following: not limited to ambush, harassment,
arson, raid, liquidation and bombing
• Contraband or fruits of a crime; shall be treated as a crime scene. The
LPU shall conduct the Crime Scene
• Tools used for the commission of the Investigation (CSI); and
crime; and/or
4) Specific areas where armed
• Other items that may be used in the encounters occurred shall likewise be
commission of the crime. investigated by the LPU for purposes of
b) The FR shall immediately coordinate evidence and intelligence gathering.
with the nearest ACG office, through the b) Law Enforcement Operations
station TOC or the IOC, for assistance. Against Terrorist Groups and other
Upon arrival of the ACG personnel, they Threats to National Security.
shall immediately conduct the "bag and
tag" procedure on the digital evidence The PNP shall take the lead role in the
and turn over to the IOC. conduct of sustained law enforcement
operations against TGs and other threats
c) The concerned investigating unit shall to national security to include but not
secure and submit a court order and limited to the service of warrant of
necessary legal requirements for the arrest, Implementation of search video
ACG to conduct digital forensic atrapment, and pursuit.
examination that is in accordance with
the rule on cybercrime warrants. The In the conduct of law enforcement
evidence seized shall then be subjected operations in in identified by the Ad Hoc
to digital forensic examination by the Joint Action Group (AHJAG), idordination
PNP ACG. The result of the forensic with the latter shall be made by the
examination, as well as the testimony of complementing/operating PNP Unit
the forensic expert, shall be made Commander.
available during the trial.
c) Target Hardening.
3. INTERNAL SECURITY OPERATIONS
Police stations, patrol bases of mobile
Include counterterrorism operations and forces and established checkpoints,
similar operations against other threat especially those located in far-flung
areas, are prone to attacks. As such, management of health hazards and
security measures to prevent atrocities other operations that promote public
of terrorist groups must be undertaken safety.
such as but not limited to:
a. PNP Critical Incident Management
• Conduct of security survey and Operational Procedures (CIMOP) )
inspection to assess defense viability;
As a matter of policy, human-induced
• Strengthen physical security measures (man-made critical incidents are the
and defense to prevent unauthorized responsibilities of the National and Local
access; Peace and Order Council (NPOC) while
natural calamities and disasters are the
• Develop security consciousness among responsibilities of the National and Local
personnel through education and Disaster Risk Reduction and
training; Management Council (NDRRMC). Lower-
• Conduct regular Red Teaming level organizations NPOC and NDRRMC
Operations to check and provide take cognizance of the s of the
solutions to identified gaps in the responsibilities ascribed in their national
security plan; organization. The PNP, being at the
forefront of crisis situations, must play
• Conduct community organization and an ang at role by organizing its own
mobilization activities to encourage the Critical Incident Managemive Committee
community to immediately report the (CIMC) to support the NPOC and
presence and plans of TGs; NDRRMC.

• Internalize and put into practice the 11 The Crisis Management Committee
General Orders of a Duty Guard. (CMC) is primarily concerned with the
Likewise, personnel on duty shall always formulation of crisis management
carry issued long firearms and procedures, integration and
ammunition rig/bandoliers with basic orchestration of government,
load and wear bulletproof vest; military/police and public efforts towards
the prevention and control of crisis
Whenever there is an arrested individual incidents. All actions and decisions taken
identified to be a member or associated by the CMC shall be within the policies
with TGs, a mandatory DNA collection laid down by the corresponding Peace
sample should be taken from the and Order Councils (POCs).
arrested individual upon bequest of the
arresting police unit to the PNP CL in The National POC (NPOC) chaired by the
support to investigation and as part of Secretary of Interior and Local
the record/database of the PNP for future Government (SILG) is tasked to
investigation/intelligence operations; and contribute to the strategies of the
National Security Council, coordinate and
Regularly conduct simulation exercise on monitor, and serve as a forum for
camp defense to improve operational deliberation for peace and order
readiness of PNP personnel and concerns. This Council outlines its roles
capabilities. and responsibilities to threats to peace
and order.
Executive Order No. 546, s. 2006
The Incident Command System (ICS)
The PNP shall support the AFP in combat
shall be adopted as a template in
operations involving the suppression of
responding to critical incidents. This
insurgency and other serious threats to
provides guidance to the PNP's roles on
national security.
how to organize its assets to respond to
an incident and processes to manage the
response through its successive stages.
4. PUBLIC SAFETY OPERATIONS
Include critical incident management
procedures, search, rescue and retrieval b. Hostage Situation. In handling
operations, hostage situation, civil hostage situations, the following
disturbance management operation, guidelines and procedures shall be
undertaken:
1) First Responders (FR) should be considered as one of the
priority plans.
. Secure the incident scene and establish
perimeter security. Delivery Plan - in case the hostage-
takers change plans in the middle of the
• Give situation update to concerned execution.
TOC and Inform the Hostage Negotiation
Team (HNT) for possible deployment. Surrender Plan shall be drawn up in a
way that the Hostages' lives will not be
• Do not allow unauthorized persons at jeopardized.
the incident scene.
Hostage Reception/Release for security
• Gather information about the hostage- reasons, released hostages shall be
taker and hostage(s) from witnesses. contained and isolated.
• Re-route traffic flow (if necessary). Collection Plan - safety of the police
• Evacuate all persons within the vicinity personnel involved is the priority
of the incident scene. consideration.

• Clear areas for use of other b) In handling hostage situations, the IC


responders. shall be guided by the following courses
of actions:
• Establish Advanced Command Post
(ACP). 1) Negotiate

• Initiate contact with the hostage-taker • Situation must be stabilized first before
through any available means. the start of the negotiation.

• If the situation becomes volatile, • All attempts to negotiate must be done


request for deployment of HNT. However, by remote means.
at any given time, if the hostage-taker is • Adherence to the basic policy on safety
neutralized, the HNT may no longer be of the hostage shall be paramount.
necessary.
• Do not allow outsiders (non-law
• Brief the TL, HNT of the situation and enforcement officers) into the
turn- over the conduct of negotiation. negotiation process, unless their
• Stay at the incident scene to maintain presence is extremely necessary in the
security, crowd and traffic control, solution of the crisis. If so, they shall be
preserve evidence and take custody of properly advised on the Do's and Don'ts
witnesses. of the hostage negotiation.

2) Incident Commander (IC). There • Provide relevant information to the


shall be only one IC holding at least a tactical teams.
senior rank and/or one with experience • All communication with the hostage-
in hostage/crisis situation or relative taker must be secured and protected.
training. Until such time that he/she
officially designates a spokesperson, • Always adhere to the ethics of
he/she may issue appropriate press negotiation.
statements and continue to perform the
role of the spokesperson. 2) Arrest

a) The IC shall, upon assessment of the • Effect the arrest of the hostage-taker
situation, prepare necessary plans when situation warrants.
including but not limited to the following: • Restrain the hostage-taker and conduct
Emergency Response Plan - depends thorough search on his/her body and the
on the threat posed by the hostage- immediate vicinity of the incident scene.
takers and need of the HNT and IC. • Inform the arrested person of the
Breakout Plan possibility of breakout circumstances of his/her arrest, and
shall be considered immediately upon recite the Miranda warning, and anti-
drawing up of negotiation strategy. This torture warning. All evidence must be
secured and properly documented.
• Use reasonable force in arresting the negotiation fails. Members of the assault
hostage- taker. team shall wear authorized and easily
recognizable uniform during the conduct
• Facilitate the transport of the hostage- of the operation.
taker to the nearest police station.
5) Crowd Control. A crowd control
team shall be deployed to manage and
3) Tactical assault control the crowd and augment the first
responders in securing the perimeter.
• It may be resorted to if the hostage-
taker poses imminent danger of causing 6) Support Personnel. Support
death or injury to the negotiator or personnel shall indude those in charge of
hostage. managing traffic, fire fighting, providing
medical emergency assistance, crime
• When all peaceful means were utilized scene processing and rescue.
and failed and the hostage-taker is
determined to become more violent. 7) After the neutralization of the
hostage-taker/s and rescue of the
• When peaceful resolution of the hostage/s, the following processing and
incident becomes impossible. debriefing procedures shall be under
taken:
• Clear and secure the crime scene to
3) Hostage Negotiation Team (HNT). avoid contamination of evidence;
Negotiators shall be designated by IC. No
one shall be allowed to talk to the • Evacuate the hostages and other
hostage-taker without clearance from injured persons,
the Negotiator or IC. The HNT is directly
under the control and supervision of the • Conduct CSI;
IC. The HNT consists of the team • Conduct debriefing on the hostages
leader/coordinator, primary negotiator, and participating personnel;
secondary negotiator, intelligence
liaison/recorder and board negotiator. • Take the sworn statement of witnesses,
The HNT shall: hostages, hostage-taker, and key
participants in the incident;
• Set-up Negotiation Operation Center
(NOC); • Initiate case conferences to facilitate
filing of cases;
• Initiate contact with the hostage-taker
and obtain other information; • Issue press statements;
• Submit reports to higher headquarters;
and
• Give updates to the IC and brief
him/her of the current situation; • Deactivate the CMC and CIMTG.
• Evaluate the necessity of resorting to
other option without compromising the
safety of the hostage(s); (PADON)

• Recommend for activation of CMC and c. Bomb Threat and Bomb Incident
deployment of CIMTG as necessary; Emergency Response

• Facilitate all deliveries, hostage 1) Procedures for FR Upon Receipt of Any


receptions, and release and possible Bomb Threat:
surrender of hostage taker; and • Treat all threats as serious until proven
• Attend to all meetings called by the otherwise;
CMC or IC. • Determine the exact location of the
establishment under threat;

4) Assault Team. An assault team shall • Proceed immediately to the scene;


be alerted for deployment in case the
• Coordinate with the security manager 4) Procedures for FR in case of Bomb
or administrator; Explosion
• Conduct visual search in the area and a. Upon receipt of the report:
isolate the specific place, if necessary,
when a suspicious item is located 1) Identify exact location of the incident
without causing panic; and proceed to the scene immediately;

• Alert EODT/K9; 2) Direct EOD/K9 teams to proceed to


the area;
• Notify HHQ of any development and
continue giving updates; 3) Notify HHQ of the situation;

• Brief the EOD/K9 team upon arrival and 4) Report the incident to the TOC for the
assist if necessary; and following:

Provide security at the scene until such • Summon ambulance, fire trucks and
time when the EOD/K9 team declares the SOCO team to the scene and other
area is cleared of any incendiaries or resources as may be determined;
explosives. • Request for deployment of additional
police personnel to establish traffic
control, crowd control and security;
2) Procedures for FR if a suspected item
is found and the EOD/K9recommended
an evacuation from the affected area. b. Upon arrival at the scene:
a. Coordinate with the management or 1) Cordon the area at least 150 meters
administrator to identify the safety areas from the location of explosion;
for evacuation;
2) Assist in the immediate evacuation of
b. Assist in the evacuation of people the injured if possible;
without causing panic while the EOD/K9
conducts paneling procedures; 3) Direct occupants of the establishment
to evacuate;
c. Cordon the isolated area to prevent
entry of unauthorized persons; and 4) Maintain order and crowd control;
d. Coordinate with the management 5) Seal off location until the EOD/K9
once the EOD/K9 declares the area as team determines if a secondary device
cleared and assist the people in exists;
resuming their businesses.
6) Conduct rescue operations at the
scene upon clearance of the EOD/K9
team;
3) Procedures for FR if the EOD/K9
confirmed the presence of an explosive 7) Assist the Post-Blast Investigation
component or Improvised Explosive (PBI) team and SOCO team upon
Device (IED): clearance from the EOD/K9 team;
a. Report the progress of the incident to 8) Submit initial incident report
the TOC for the following: immediately with the following
information:
1) Summon ambulance and fire trucks to
the scene; and • Time when the call for bomb threat
was received;
2) Request for deployment of additional
police personnel to establish traffic • Time of detonation/explosion; and
control, crowd control and security.
• Description of type of device.
b. Lock down the affected area to a
distance of at least 300 meters Away. 9) Identify any witnesses and bring them
to the nearest police station to obtain
their statement;
10) Avoid issuing "speculative" press deployment and employment, shall be in
releases or statements; and accordance with existing PNP rules and
regulations.
11) Ensure cooperation with the IOC.
d) For every CDM contingent, there shall
be a team of negotiators.
d. Civil Disturbance Management e) A separate security contingent may
(CDM) Operations be organized and ready to provide
1) General Guidelines immediate assistance to the CDM
contingents as the need arises.
The PNP units tasked to maintain peace
and order shall not interfere with the
holding of public assembly. To ensure 3) CDM Operational Tasks
public safety, a CDM contingent under
the command of a PCO shall be detailed a) Isolate the area;
and stationed at least 100 meters away
from the place where the public b) Secure likely targets;
assembly is being held (Batas Pambansa c) Control the crowds;
880 sec. 9). Imble is being of any permit
from the LGU concerned the d) Establish area control; and
absencommand should exert effort in
persuading the demonstrators to e) Arrest violators.
disperse peacefully and vacate the
public place. In lightning rallies or
demonstrations, the Ground Commander 4) CDM Operational Approaches
shall exhaust efforts through dialogue
with the leaders/ organizers for voluntary The commitment of a CDM contingent
dispersal. In case of failure, orderly must be viewed as a last resort. Their
dispersal, to include apprehension of role, therefore, should never be greater
those responsible, shall be resorted to. than what is necessary under the
Maximum tolerance must always be circumstances. This does not mean
exercised (Batas Pambansa 880 sec. 10). though that the number of troops
employed should be minimized. Doubts
concerning the number of troops
required should normally be resolved in
2) Specific Guidelines
favor of deploying a large number as it
When assistance is requested by the may prevent the development of
leaders/ organizers, it shall be situations in which the use of force would
imperative for the CDM contingent to be necessary. A large reserve of troops
perform their duties while observing the should be maintained during civil
rights of demonstrators. Further, the disturbance operations.
members of the CDM contingent dealing
Disselecting an operational approach to
with the demonstrators shall be in
a civil disturbance situation, the Ground
prescribed uniform.
Commander and his/her personnele
a) The CDM contingent shall not carry Groundhere to the procedures in Force
any kind of firearms but may be Continuum.
equipped with batons or riot sticks, crash
Efforts should be exerted to create the
helmets with visor, gas masks, boots or
image of a restrained and well-
ankle-high shoes with shin guards.
disciplined force, the sole purpose of
b) Tear gas, smoke grenades, water which is to assist in the restoration of law
cannons, or any similar anti-riot device and order. Further, while CDM contingent
shall not be used unless the public should be visible, any activity which
assembly is attended by actual violence might excite rather than calm the
or serious threats of violence, or situation should be avoided when
deliberate destruction of property. possible.

c) The organization and membership of Consistent with the controlling principle


CDM contingents, as well as their "that he/she must use the minimum
necessary force to accomplish his/her dispersed if the same is being held in
mission", the Ground Commander shall violation of the terms and conditions
equip the CDM contingent only with imposed in the permit. In both cases,
rattan sticks/truncheons/batons, shields, before conducting any dispersal
kevlar helmets and handcuffs. operation, the PNP shall notify the
concerned organizers and leaders of the
In situations requiring the use of batons/ public assembly.
truncheons, only target fleshy parts of
the body such as arms, torso, legs, and f) Lightning demonstrations or rallies in
thighs. Hitting protesters with the baton areas where public assembly is
or truncheon on the head, face, neck, prohibited shall be dispersed peacefully.
shoulder blades, elbows, fingers, groins, However, should any of the participants
knees, and ankles must be avoided since refuse to disperse voluntarily or violate
strikes to these parts may cause serious any law ar ordinance during an
to permanent injuries, or even death. unauthorized public assembly, they shall
be taken into police custody and be
• Arrested protesters must be restrained, charged accordingly.
handcuffed and brought safely to the
police station for processing. g) Ground Commanders are responsible
in determining whether there is a permit
• In any CDM deployment, there should for the holding of the public assembly.
be trained and equipped female CDM
personnel. h) Close coordination with the mayor of
the city or municipality, or his/her
representative, where the public
e. Public Assembly assembly is being held should always be
maintained especially when a permit has
1) Policies not been issued but an application has
been filed prior to the holding of the
a) The PNP adheres to the Code of public assembly.
Conduct for Law Enforcement Officials
(1979, Art 2-3) adopted by the General i) Maximum tolerance shall be exercised
Assembly of the United Nations that in the conduct of dispersal operations.
requires law enforcement officials to
respect and protect human dignity, 2) Police Responses
maintain and uphold the human rights of The following are the police responses
all persons, and limit the use of force to during the planning stage, initial and
situations where it is strictly necessary peaceful stage, confrontational stage,
and to the extent required for the violent stage and post operation stage:
performance of their duty.
a) During Planning Stage
b) Public assemblies held in freedom
parks or on private property do not need • Initiate dialogue with the
a permit for the activity. leaders/organizers to ensure the
peaceful holding of a public assembly,
c) The PNP shall provide police including among others, the detail of
assistance only when requested by the police personnel providing security in the
leaders or organizers for maintenance of area.
peace and order or to ensure the safety
of those participating in the public • Prepare appropriate security and CDM
assemblies held in freedom parks or on contingency plans.
private property.
d) A public assembly held in a public
place must have a permit from the b) During Initial and Peaceful Stage
mayor of the city or municipality 1. With Permit or Held in Freedom
exercising jurisdiction over the place Parks/ Private Properties
where it will be held.
a) The PNP shall not interfere with the
e) A public assembly held with or without holding of a public assembly. However,
a permit may be peacefully dispersed. A to adequately ensure public safety, a
public assembly with a permit may be
CDM contingent, under the control and call the attention of the
supervision of a PCO shall be stationed leaders/organizers of the public
at least 100 meters away from the area assembly and ask the latter to prevent
where the public assembly is being held. any possible disturbance. CDM
contingents shall hold the line to prevent
b) Monitor the activities at the public demonstrators from proceeding to other
assembly area and respond to any areas where the holding of a public
request for police assistance. assembly is prohibited.
• If actual violence reaches a point
2. Without Permit or Permit has where rocks or other harmful objects
been revoked from the participants are thrown at the
CDM contingents or the non-participants,
a) As soon as it becomes apparent that or at any property causing damage to it,
an assembly is being held in a public the Ground Commander shall audibly
place, the Ground Commander shall warn the participants that if the
immediately conduct an inquiry whether disturbance persists, the public
the assembly is covered with a permit or assembly will be dispersed;
not. If a permit could not be shown,
verification should immediately be done • If the violence or disturbance does not
with the Office of the Mayor having stop, the Ground Commander shall
jurisdiction over the place where the audibly issue a warning to the
public assembly is being held. Should participants of the public assembly, and
the Office of the Mayor confirm that a after allowing a reasonable period of
permit has not been issued, the time to lapse, shall immediately order it
leaders/organizers shall be informed of to disperse. With the use of CDM
the fact that they are violating the law formations, the rank of demonstrators
and will be asked to disperse peacefully. shall be disbanded, contained, and
isolated from each other, and should be
b) The PNP shall exhaust all peaceful prevented from regrouping.
remedies to persuade the demonstrators
to disperse. This may include the • Water cannons and riot sticks may be
involvement of Local Chief Executives used to repel aggression and to disperse
(LCE)/community leaders when available demonstrato and reserve CDM
to intervene in the situation so that contingents may be employed when
dispersal operations could be avoided. situation requires.

c) Should negotiation fail and the • No arrest of any leader, organizer or


demonstrators refuse to disperse participant shall be made unless he/she
voluntarily and peacefully, thereby violates a law, statute, or ordinance
causing public inconvenience, CDM during the assembly.
contingents may commence dispersal
operations after the CDM commander
announced the violations of law they d) During Violent Stage
have committed. Such announcement of
the violations must be made at least 1) Non-lethal weapons and equipment
three times. may be used to suppress violence, to
protect lives and prevent further damage
to properties.
c) During Witch with 2) PNP security elements shall be
Peace/Confrontational Stage (With tactically deployed to provide immediate
or without permit) assistance to the CDM contingents.
No public assembly with a permit shall
be dispersed. However, when a public
assembly becomes violent, the CDM e) Post-Operation Stage
contingents may disperse such public 1) CDM contingents shall be withdrawn
assembly in the following manner: after the area has been cleared of
• At the first sign of an impending possible danger to public safety.
violence, the Ground Commander shall
2) Sufficient police force shall be presumed under the law, and it will be
maintained to ensure peace and order in the burden of the authorities to show
the area. that there has been a denial of the
application, in which case, the rally may
3) Dispersal of Public Assembly with denpeacefully dispersed following the
Permit procedure of maximum tolerance
All public assemblies with permits shall prescribed by law.
not be dispersed. However, when an
assembly becomes violent, the police
may disperse such public assembly in 5) Prohibited Acts
the following manner:
The following prohibitions provided by
a) At the first sign of impending violence, Section 13 of Batas Pambansa (BP) 880
the Ground Commander of the PNP shall be strictly observed:
contingent shall call the attention of the
leaders of the public assembly and ask a) Obstructing, impeding, disrupting or
the latter to prevent any possible otherwise denying the exercise of the
disturbance; right to peaceful assembly;

b) If actual violence reaches a point b) The unnecessary firing of firearms to


where rocks or other harmful objects disperse the public assembly.
from the participants are thrown at the c) Acts in violation of paragraph "d" of
police officers or at the non participants, this Rule;
or at any property, causing damage to it
the Ground Commander of the PNP d) Acts described hereunder if
contingent shall audibly warn the committed within 100 meters from the
participants that if the disturbance area of activity of the public assembly;
persists, the public assembly will be
dispersed; • The carrying of a deadly or offensive
weapon or device such as firearm,
c) If the violence or disturbance does not pillbox, bomb, and the like;
stop, the Ground Commander of the PNP
contingent shall audibly issue a warning • The carrying of a bladed weapon;
to the participants of the public
• The malicious burning of any object in
assembly, and after allowing a
the streets or thoroughfares;
reasonable period of time to lapse, he
shall immediately order it to disperse; • The carrying of firearms by CDM
and contingents;
d) No arrest of any leader, organizer or • The interfering with or intentionally
participant shall be made unless he disturbing the holding of a public
violates during the assembly a law, assembly by the use of a motor vehicle,
statute, or ordinance. its horns and loud sound systems;
• The drinking of liquor or alcoholic
beverages; and
4) Dispersal of Public Assembly Without
Permit • Gambling of any kind.
When the public assembly is held
without a permit where a permit is
required, the said public assembly may 6) Guidelines in dealing with
be peacefully dispersed. However, When Assemblies, Rallies, Demonstrations
the leadebe peorganizers of public and Marches
assembly can show an application for
a) To ensure the protection, safety and
permit duly filed at the Office of the
welfare of the public and demonstrators
Mayor which has jurisdiction over the
as well, the following must be observed:
place where the rally will be held, at
least five days prior to the intended 1) Confined Assemblies in Private
activity and the Mayor did not act on the Property (churches, schools, etc.)
same, the grant of the permit being then
• Initiate the conduct of dialogue with • In situations where the victims are
the leaders/organizers. directly exposed to a non-contagious
health hazard as assessed by
• Secure and maintain order within the authorities, immediately evacuate
perimeter. them to a safe area while waiting for
2) Confined Assemblies in Freedom the emergency responders;
Parks • Immediately inform the Chief of
• Initiate the conduct of dialogue with Police (COP) or Station Commander
the leaders/organizers. and the station TOC, which will then
call other emergency groups;
• Secure and contain the area within the
limits of the permit to ensure the orderly • Make a record of the initial
and peaceful conduct of the assembly. emergency responders who arrived
at the area and their actions taken;
3) Mobile Assemblies in a Private
Area b. Establish the Incident Command
Post (ICP) with the COP or Station
• Initiate the conduct of dialogue with Commander who shall initially act as
the leaders/organizers. IC until such time the mayor or
responsible officer has made an
• Secure and maintain order within the official designation of his/her IC.
perimeter.
c. Immediately turn over the scene to
4) Marches and Motorcades along the designated IC upon his/her
Public Thorough- fares arrival;
f. Procedures for Responding d. Assist the IC in matters pertaining
PNP Personnel in Enforcing to the provision of security and
Quarantine Measures to Manage maintenance of law and order.
Health Hazards
e. Designate an investigator who
Since the outbreak of Covid-19, the shall coordinate with the
PNP has played a crucial role in investigators from BFP and other
supporting the government's efforts concerned agencies to gather
to control the disease and promote relevant information, if necessary,
safer communities. Covid-19 may not
be the last health hazard that the f. If the health hazard is the result of
country will experience. It is an illegal act such as disposal of
therefore essential for PNP personnel hazardous materials. the PNP may
enforcing the quarantine measures to immediately effect the arrest of the
work together with other government identified suspect/s, if warranted;
agencies, the local government units and
and the community in addressing
other similar threats. g. Wait for the official announcement
that the area of impact has been
1) Initial Response Upon the cleared from any health hazard
Impact of Health Hazard before leaving the scene.

PNP responders who first arrived at


the scene shall initially and
simultaneously perform the following: 2) When the Health Hazard
Becomes Widespread and has
• Assess and secure the scene, Affected Many Communities
cordon and prevent the ingress and
egress of individuals to the area of a. Assist in the implementation of
impact; government- issued guidelines and
issuances in mitigating the effect of
• Ensure the observance of safety health hazard;
protocol and use Personal Protective
Equipment (PPE) and respiratory b. Establish health hazard control
protection; points for the implementation of
travel restrictions without
compromising the movement of 4) Arrest of Violators in Relation
essential goods and authorized to Health Hazard Laws,
persons; Guidelines and Protocols
c. Implement the guidelines in the a. PNP personnel must be abreast of
observance of the minimum public the prevailing directives, laws, and
health standards; ordinances relating to health hazards
and must maintain copies of the
d. Activate law and order cluster and same;
observe the CIMOP guidelines;
b. Arrest shall be done in accordance
e. Ensure that all PNP personnel with guidelines and procedures on
rendering duty in health hazard Arrest and with observance of public
control points, isolation or quarantine health standards and protocol;
facilities are using appropriate PPEs,
c. All arrested persons shall be
f. Coordinate with the PNP health subjected to an initial investigation
service in organizing and and booking at a designated holding
capacitating the Medical Reserve area if necessary. They shall be
Force (MRFs) in the management of separated from other persons under
health hazard. police custody until cleared from any
g. Assist the LGUs in the conduct of diseases/infection;
contact tracing when requested; d. When the law or ordinance
h. Provide security in prescribes the penalty of fine and
quarantine/isolation facilities or allows the person apprehended to
escort in the transport of affected pay voluntarily the fine imposed prior
and infected individuals, when to the filing of a formal complaint
requested; and with the appropriate prosecution
office, he/she shall be allowed to pay
i. Observe proper decontamination said fine with the concerned
procedures/ protocol in coordination City/Municipality/ Barangay where
with the PNP Health Service or other he/she was apprehended to avoid
authorized health offices. being criminally prosecuted; and
e. Respect for human rights and
dignity of persons shall be observed
3) Other Activities Relative to at all times.
Public Safety and Security
a. Organize Reactionary Support and
Standby Force (RSSF) for possible 5. SPECIAL POLICE OPERATIONS
deployment;
Include high-risk checkpoint and
b. Provide security in the arrival, roadblock operation, police assistance in
transport and distribution of goods the implementation of order from the
and medical supplies; court and other quasi-judicial bodies,
security to major and special events,
c. Conduct Red Teaming operations; aircraft hijacking operations, visit, board,
search and seizure of marine vessels,
d. Conduct awareness campaign
and similar police operations that are
through TRIMP; and
conducted by police units with
e. Provide security to other specialized training on the peculiarity of
government programs/ activities that the mission or purpose.
require police assistance;

a) Major Events Security


Management
Major events are events of national
and international significance where
the overall responsibility for ensuring
the safety and security rests with the government for redress of
host country/ region/ organization grievances.
among others. These events involve
very important persons (VVIPS) and b) Police Assistance During the
political Agures wat actions Ential Implementation of Orders or
targets of terrorists, cholitical Decisions from Courts, Quasi
compriminals, approach are Judicial or Administrative Bodies
necessary in developing the security The request for police assistance
plan for a major event. shall be submitted to the Office of
The PNP undertakes necessary the CPNP in case the final decision or
administrative and operational order to be implemented is rendered
activities to ensure the safe and by the Supreme Court, the Court of
orderly hosting of major events. Appeals, the Court of Tax Appeals,
These activities are undertaken in the Sandiganbayan, Quasi-Judicial
coordination with concerned Bodies or Administrative Bodies. If
international and local government the final decision or order is rendered
agencies, NGOs and other concerned by the Regional Trial Court (RTC) or
private individuals. They are often the Municipal Trial Court (MTC), the
co-sponsored, planned and executed request shall be submitted to the
jointly by public and private- sector Office of the RD of the PRO having
interests across different government territorial jurisdiction over the place
jurisdictions by multiple agencies. of implementation. The request for
police assistance of quasi-judicial or
Classification of Major Events administrative bodies shall be
submitted to the Office of the CPNP
1. International, National and regardless of the place where the
Local Special Events. These are police assistance shall be rendered,
events that involve a whole- of- but the same may be delegated to
government approach in ensuring the Regional Director upon the
safety and security to attain the discretion of the CPNP in accordance
desired objectives of the major with Section 26, RA 6975.
event. Any untoward incident that
may transpire during these activities i. During Labor Disputes
could adversely affect the country in
terms of its capability to ensure ii. During Enforcement of Demolition
safety and security. and Ejectment Orders

2. iii. During Implementation of Final


Election/plebiscite/referendum. Decisions or Orders of the Courts in
These events include the election of Civil Cases, of Quasijudicial Bodies
public officers, and the people's and of Administrative Bodies within
democratic exercise to approve or their Jurisdiction
reject an initiative on the IV. During the Implementation of Final
constitution, or a legislation. Decisions or Orders or Resolutions of
3. Presidential visits. These events the COMELEC or DILG or Local
involve all visits and engagements of Government Unit Exercising
the president outside of Malacañang Disciplinary Powers in Administrative
Palace. Cases of Elected Officials

4. Public assembly. It is a mass V. During the Implementation of


gathering of people such as Comprehensive Agrarian Reform
demonstration, march parade, or any Program (CARP)
other form of mass or concerted vi. During the Implementation of
action procession expressing held in Decisions/Orders of the Court, Quasi-
a public place for the purpose of or judicial or Administrative Bodies that
religious views and political, are Immediately Executory
economic, social opinions supporting
policies of or petitioning the 6. INVESTIGATION OPERATIONS
Include investigation of crime or prevention and solution efforts
incident, Scene of the Crime including other police activities.
Operations (SOCO), administrative
investigation and other investigative a) General Guidelines
work necessary to determine facts 1. All personnel shall endeavor to
and circumstances for filing cases manifest a character that enables
criminally or administratively. him/her to win the hearts and minds
Under the Revised PNP Operational of the community and strive to
Procedures 2021, investigation establish and maintain a good
operations cover the following: relationship with them;

a. Conduct of Crime Scene 2. PCR activities shall aim towards


Investigation addressing the various concerns on
peace and order and public safety in
b. Maintenance of Police Blotter the community. The proper conduct
of PCR activities is essential in public
c. Judicial Affidavit Rule (A.M. No. 12- perception; maintaining a positive
8-8-SC)
3. be informed on the PNP
d. Custodial Investigation community-based programs and
e. Instituting Criminal Actions activities to gain support and address
information gaps; and
f. Investigation by the Local Police
Unit After an Armed Confrontation 4. The PNP awareness, organization
and mobilization efforts shall take
g. Procedures in the Investigation of into consideration the prevailing
Heinous and Sensational Crimes situation in the community.

h. Investigation of Violence Against b) Public Information


Women and Children (VAW/C) and
other Gender-Based Violence (GBV) This refers to the dissemination of
information that may be of interest to
7. POLICE COMMUNITY the general public about policies,
RELATIONS procedures, advisories, and events
involving the PNP or other
Include three interrelated dimensions newsworthy accomplishments that
to accomplish its mission namely: are cleared for release.
community affairs and development
public information, and information c) Information Development
development operations to forge Operations (IDO)
partnership and strengthen
collaboration and linkages with the It is the development and application
community. of means to influence the perception
and decision-making of a specific
PCR is indispensable in the PNP Target Audience (TA) in support to
organization as it is geared towards the strategic communication of the
forging a partnership with the government.
community to promote a shared
responsibility in addressing peace Three Classifications of IDO
and order. A strong relationship 1. Offensive, which is the conduct
between the police and the of proactive measures on anticipated
community establishes a harmonious or emerging issues before it becomes
and peaceful environment achieved a crisis;
through proper coordination and
communication. 2. Defensive, which refers to
controlling the crisis or situation from
PCR showcases its significance as scaling; and
being the first among equals in the
quad concept of police operations 3. Extensive, which is a day-to-day
because it fosters an environment routine of crafting and developing
conducive for effective crime products that convey a strong
message in the form of visual aids looking response to promote law and
such as memes, infographics, order within Muslim communities
informercials, and printed materials taking into consideration indigenous
derived from facts and plain news. cultures, traditions, and institutions
of the Muslims as well as building
Strategic Communication awareness about their rights and
The IDO provides support for the responsibilities as part of Filipino
Strategic Communication (StratCom) society.
to orchestrate actions, wonds and Physical presence of Salaam Police
images to achieve strategic goals personnel is essential in cultivating
and to advance ane organization's community trust, thereby building
interest, policies and objectives The and sustaining community support
main objective of StratCom is to and engagement that will further
address real-time joue which affects build cooperative relationships
the state of the nation. between Muslims and the PNP.
d) Police Community Affairs and
Development
II. NBI OPERATIONS
PCAD covers the awareness,
organization, and mobilization of the The National Bureau of Investigation
community for crime prevention, (NBI) undertakes the efficient detection
lawlessness resistance and overall and investigation of crimes and other
security of the area relative to peace offenses against Philippine laws. It
and order, public safety, and coordinates with other national and local
development. police agencies in the maintenance of
peace and order. It also acts as a
e) Gender and Development national clearing house of criminal and
(GAD) other information for the use of all
GAD in the PNP organization is prosecuting and law enforcement
human rights based and it is the entities of the Philippines (Official
responsibility of a police officer to Gazette, n.d.).
protect and promote such rights. This Powers and Functions - The NBI shall
recognizes that gender biases have the following powers and functions:
impede development because they
prevent people from attaining the full a. Undertake investigation and detection
potentials that enable them to of crimes and offenses enumerated
become effective contributors to and under Section 5 of RA 10867;
beneficiaries of development. It is
about adhering to the principle that b. Issue subpoena for the appearance of
development is for all. any person for investigation or
production of documents, through its
Fairness and equity demand that officers from the ranks of Regional
everyone in society, whether male or Director to Director;
femmendate right to the same
opportunities to achieve a full and c. Act as a national clearing house of
satisfying life. criminal records Act asther related
information for the benefit of the
government;
f) Salaam Police (\suh-lam\) d. Render technical assistance to
government agencies and
Foster Salaam Police Center (SPC) is instrumentalities, when so requested;
established to better Police-Muslim
Community relationships. e. Extend assistance in cases involving
extradition and mutual legal assistance,
when requested by the Department of
Assigning dedicated PNP personnel, Justice;
preferably Muslims, with the SPC f. Establish an NBI Academy which shall
provides a proactive and forward- be responsible for the recruitment,
training, and development of all NBI n. Maintain, for purposes of investigative
agents and personnel, among others: and forensic requirements of the NBI,
relevant database such as ballistic
g. Establish and maintain a Forensic and records of firearms including, but not
Scientific Research Center which shall limited to, data ownership, possession,
serve as the primary center for forensic and other related identifying
and scientific research in furtherance of circumstances; and Deoxyribonucleic
scientific knowledge in criminal Acid (DNA) databank; and
investigation, detection, evidence
collection and preservation, and provide 6. Perform such other functions as the
the necessary training therefor; President or the Secretary of Justice may
assign.
h. Establish and maintain a Cyber
Investigation and Assessment Center Jurisdiction - The NBI shall have
which shall serve as the nerve center for primary jurisdiction To undertake
computer information technologies, data investigations in the following cases:
on cybercrime cases, computer intrusion,
threats. and other related crimes or a. Human Trafficking cases in all airports
activities: in the Philippines;

i. Establish and maintain an integrated, b. Extrajudicial/Extra-legal killings


comprehensive and state-of-the-art committed by the state's security forces
network of equipment and facilities to be against media practitioners and activists;
used by the NBI in its criminal c. Killings of justices and judges;
investigation, detection, and evidence
gathering and to provide the d. Violation of Republic Act No. 10175,
corresponding training in this regard; otherwise known as the "Cybercrime
Prevention Act":
j. Request the assistance of the
Philippine National Police (PNP), Armed e. Cases referred by the Inter-Agency
Forces of the Philippines, or government- Anti-Graft Coordinating Council (IAGCC);
owned of the government, including
and/or -controlled corporations, in its f. Violations of the Anti-Dummy Law;
anti-crime drive. Such assistance may
g. Cases involving threats to security or
Intions, the use of the agency's
assaults against the persons of the
personnel and facilitude upon prior
President, Vice President, Senate
approval by the head of the agency
President, Speaker of the House of
concerned;
Representatives, and Chief Justice of the
k. Conduct intelligence operations in Supreme Court:
furtherance of the foregoing powers and
h. Transnational crimes pursuant to
functions;
existing international agreements;
1. Enter into any contract or transaction
i. Identification of the dead/victims in
for the acquisition, ownership,
case of mass fatality incidents caused by
possession, administration, lease,
natural disasters; and
disposition or acceptance of real or
personal property in its name, subject to j. Violations of commercial, economic,
the approval of the Secretary of Justice; and financial or white-collar crimes such
as, but not limited to, those punishable
m. Establish a modern NBI Clearance
under Republic Act No. 8792, otherwise
and Identification Center containing all
known as "E-Commerce Act of 2000";
derogatory and criminal records and
Republic Act No. 8484, otherwise known
civilian identification records, including
as "Access Devices Regulations Act of
their identifying marks and
1998"; Republic Act No. 8293, otherwise
characteristics and fingerprint database,
known as "Intellectual Property Code of
as well as dental records pursuant to
the Philippines"; Republic Act No. 8799,
Presidential Decree No. 1575, entitled
otherwise known as "Securities
"Requiring Practitioners of Dentistry to
Regulation Code": Presidential Decree
Keep Records of Their Patients";
No. 1689, otherwise known as "Decree
Increasing the Penalty for Certain Forms
Estafa", and other similar penal statutes against violators of the Fire Code and
that may be enacted by Congress. addressing non-acceptance of inspection
order.
Provided, however, That the President or
the Secretary of Justice may direct the B. Firefighting Operations: This
NBI to undertake the investigation of any section contains firefighting procedures
crime when public interest so requires. for fourteen (14) categories of incidents,
namely: in armory/ explosive storage; in
Once the NBI takes cognizance of any of basement; in high-rise structures; in
the aforementioned cases, the PNP and hospitals with radioactive materials; in
other law enforcement jails/correctional institutions; in LPG
agencies/investigative entities shall installation; in water vessels docked at
collaborate with and render assistance to wharves or piers; in oil depot/ refinery or
the NBI. In cases where jurisdiction is fires involving hydrocarbon substances;
vested exclusively and/or primarily with in vehicles, construction sites and power
the PNP or other law enforcement plants with radioactive materials; fires
agency/investigating agency, the NBI resulting from bomb explosion; fires
shall collaborate with and render incidental to fireworks/pyrotechnic
assistance to the same. explosion; fires resulting from plane
crash outside the airport/ airfield; forest
fires; and vehicular fires.
II. LTO OPERATIONS
C. Emergency Medical Services: The
The LTO is the apex agency of Philippine section composed of eighteen (18)
government tasked to ensure road safety procedures covers not only how to
through the inspection and registration perform emergency medical responses
of roadworthy motor vehicles, issuance during fire/ disaster operations but also
of license cards/permits to qualified incident rehabilitation; critical incident
drivers, strict yet fair enforcement of stress management; and emergency
traffic laws, rules and regulations, and medical team protocols and decorum.
just adjudication of traffic cases
(Freedom of Information, n.d.). D. Special Operations: This section
presents fifteen (15) procedures for
It is a sectoral agency of the Department rescue operations during fires. natural
of Transportation by virtue of Executive disasters, accidents, and incidents
Order E.O No. 125 and 125A dated 13 involving hazardous materials (HazMat)
April 1987 and E.O No. 226 dated 25 July and chemical, biological, radiological,
1987, is tasked to: and nudear (CBRN) explosives or
substancesal,
1. Register motor vehicles;
1. Chemical, Biological, Radiological,
2. Issue driver's/conductor's licenses and Nuclear (CBRN) Operations
permits;
2. Collapsed Structure Rescue
3. Enforce transportation laws, rules and Operations
regulations; and
3. Confined Space Rescue Operations
4. Adjudicate apprehension cases,
4. Civil Disturbance Management (CDM)
5. Disaster Response
6. Electrocution Rescue Operations
7. Elevator Rescue Operations
IV. BFP OPERATIONS (BFP Operational
Procedures Manual 2015) 8. Fire Ground Rescue Operation

A. Fire Safety Enforcement: The 9. Hazardous Materials Operations


twenty-three (23) procedures in this
section proceed from building plan 10. High Elevation/High Rise
review to imposition of administrative Structure/High Angle Rescue Operations
sanctions filing of appropriate charges 11. Mountain Rescue Operations
12. Water Rescue Operations Further, the PCG is also responsible in
issuing permits and supervises all
13. Turn Over of Duties and Special marine salvage operations. It is
Operations Personnel Daily Routine mandated to destroy or tow floating
14. Vehicular Accident Rescue hazards to navigation such as, but not
Operations limited to illegal fish traps and vessels.

15. Trench Rescue Operations Moreover, navigational safety is ensured


by operating and/or maintaining and
servicing 565 lighthouses and more than
44 navigational buoys around the
E. Fire/Arson Investigation: country which guide and ensures safe
voyage to mariners.
It covers for the following:
1. determination of fire origin;
B. Marine Environmental Protection
2. determination of fire cause; and
or MAREP
3. determination of responsibility and
The Philippines is a signatory to IMO
liability.
Conventions on Marine Pollution of 1973
and 1978 (MARPOL 73/78). The
Philippine Coast Guard under RA 9993 is
F. Disaster Management: the sole agency responsible for the
Philippine implementation of the
It covers for the following:
Conventions with regards to oil pollution,
1. disaster operations during typhoons prevention, mitigation and control
and floods; through the conduct of marine pollution
monitoring and control, enhancement of
2. earthquakes; PCG capability and oil spill response
operations and enforcement of all
3. landslides;
marine environmental laws and
4. tsunamis; and regulations.

5. volcanic activities.
C. Maritime Search and Rescue or
MARSAR
V. PCG OPERATIONS
The Philippine Coast Guard, in
A. Maritime Safety or MARSAF accordance with the Convention of
function is designed to help prevent or Safety of Life at Sea (SOLAS), is the
minimize unnecessary loss of lives and national maritime search and rescue
properties at sea. service of the country. The Coast Guard
Action Center (CGAC) at the PCG
The seaworthiness of every vessel Headquarters in Manila, by virtue of the
leaving the port is ensured through the current functions and facilities, serves as
intensified Mandatory Pre- departure the coordinating centers for all search
Inspection which include the compliance and rescue operations. The twelve Coast
of vessels to safety standards and Guard Districts are designated as
prevention of vessels from sailing for Maritime Rescue Coordinating Council
failure to comply with the standards; (MRCC) within their areas of
conduct of random Emergency responsibility while the 59 Coast Guard
Readiness Evaluation and Operational Stations are designated as Maritime
Readiness Evaluation in the ports; Rescue Sub-Centers (MRSC) The
conduct of regular vessel safety detachments under these stations are
inspections, and publication of Notice to designated as SAR units.
Mariners (NOTAM), and the
implementation and enforcement of The PCG's SAR organization maintains
navigational rules and designation of sea constantly- manned watch centers that
lanes, among others. operate 24 hours a day, continuously
monitoring distress frequencies and
conducting coastal foot and seaborne The PCG is authorized to board and
patrol within their area of responsibility. inspect all watercrafts suspected to be
There is at least one division or squadron involved in or used in illegal trade. PCG
of Coast Guard Auxillary in each MRSC personnel are also deemed agents of
where watch can be set and assistance BFAR, Immigration, Customs, DENR,
can be obtained when required. PDEA, and INTERPOL in the performance
Likewise, at least one Deployable of its MARLEN function.
Response Team composed of Special
Operations Group, Medical Team, K-9 and As a maritime organization under RA
rescue swimmers is organized at each 9993, it is deputized by 21 government
Coast Guard District or MRCC which can agencies to perform maritime law
be dispatched immediately to any enforcement functions directed towards
maritime and land base search and the suppression of piracy, smuggling,
rescue operations. poaching, illegal fishing, illegal entry,
human smuggling, illegal logging, drug
D. Maritime Security or MARSEC trafficking, gun running and terrorist
activities.
Maritime Security is another important
function of the PCG. Considering the VI. PHILIPPINE DRUG ENFORCEMENT
archipelagic character of the country, it AGENCY
is vital to enhance the security of its
different maritime zones to protect the It was created under RA 9165 to carry
integrity as a nation. In the performance out the provisions of the said Act. It
of this function, the PCG contributes to serves as the implementing arm of the
maintain good order at sea by Board (DDB), and shall be responsible for
conducting regular patrols and the efficient and effective law
surveillance for the safety of navigation enforcement of all the provisions on any
of ships, to safeguard ships from illegal dangerous drug and/or controlled
acts and to promote freedom of precursor and essential chemical as
navigation. provided in this Act.

The PCG is likewise mandated to secure Powers and Duties of the PDEA
exploration and resource utilization a. Implement or cause the efficient and
activities within the country's maritime effective implementation of the national
jurisdiction. drug control strategy formulated by the
In its Sea Marshal Program, the PCG Board thereby carrying out a national
manages composite security forces drug campaign program which shall
composed of AFP, PNP and PCG elements include drug law enforcement, control
to protect voyages of passenger-laden and prevention
vessels in domestic routes. The Coast b. Undertake the enforcement of the
Guard also boasts of a newly established provisions of Article II of this Act relative
nationwide K-9 unit composed of highly to the unlawful acts and penalties
trained sniffing dogs deployed in the involving any dangerous drug and/or
major ports throughout the country. controlled precursor and essential
chemical and investigate all violators
and other matters involved in the
E. Maritime Law Enforcement or commission of any crime relative to the
MARLEN use, abuse or trafficking of any
dangerous drug and/or controlled
The PCG is likewise mandated to conduct precursor and essential chemical as
MARITIME LAW ENFORCEMENT (MARLEN) provided for in this Act and the
and implement laws on fisheries (and provisions of Presidential Decree No.
poaching), immigration, tariff and 1619;
customs, forestry, firearms and
explosives, human trafficking, dangerous c. Administer oath, issue subpoena and
drugs and controlled chemicals, and to subpoena duces tecum relative to the
implement the revised penal code and conduct of investigation involving the
all dealer applicable laws within the violations of this Act;
country's maritime jurisdiction and battle
transnational crimes.
d. Arrest and apprehend as well as local government units and
search all violators and seize or nongovernmental organizations,
confiscate, the effects or proceeds of the including the citizenry, subject to the
crimes as provided by law and take provisions of previously formulated
custody thereof, for this purpose the programs of action against dangerous
prosecutors and enforcement agents are drugs;
authorized to possess firearms, in l. Establish and maintain a national drug
accordance with existing laws; intelligence system in cooperation with
law enforcement agencies other
e. Take charge and have custody of all government agencies/offices
dangerous drugs and/or controlled government units that will assist in of
precursors and essential chemicals big-time drug lords; and local its
seized, confiscated or surrendered to any apprehension
national, provincial or local law
enforcement agency, if no longer needed m. Establish and maintain close
for purposes of evidence in court; coordination, cooperation and linkages
f. Establish forensic laboratories in each with international drug control and
PNP office in every province and city in administration agencies and
order to facilitate action on seize or organizations, and implement the
confiscated drugs, thereby hastening its applicable provisions of international
destruction without delay; conventions and agreements related to
g. Recommend to the DOI the forfeiture dangerous drugs to which the Philippines
of properties and other assets of persons is a signatory;
and/or corporations found to be violating n. Create and maintain an efficient
the provisions of this Act and in special enforcement unit to conduct an
accordance with the pertinent provision investigation, file charges and transmit
Act of the Anti-Money-Laundering Act of evidence to the proper court, wherein
2001; members of the said unit shall possess
suitable and adequate firearms for their
h. Prepare for prosecution or cause the protection in connection with the
filing of appropriate criminal and civil performance of their duties: Provided,
cases for violation of all laws on that no previous special permit for such
dangerous drugs, controlled precursors possession shall be required;
and essential chemicals, and other o. Require all government and private
similar controlled substances, and assist, hospitals, clinics, doctors, dentists and
support and coordinate with other other practitioners to submit a report to
government agencies for the proper and it, in coordination with the Board, about
effective prosecution of the same; all dangerous drugs and/or controlled
i. Monitor and if warranted by precursors and essential chemicals
circumstances, in coordination with the which they have attended to for data
Philippine Postal Office and the Bureau of and information purposes;
Customs, inspect all air cargo packages, p. Coordinate with the Board for the
parcels and mails in the central post facilitation of the issuance of necessary
office, which appear from the package guidelines, rules and regulations for the
and address itself to be a possible proper implementation of this Act;
importation of dangerous drugs and/or q. Initiate and undertake a national
controlled precursors and essential campaign for drug prevention and drug
chemicals, through on-line or cyber control programs, where it may enlist the
shops via the internet or cyberspace; assistance of any department, bureau,
j. Conduct eradication programs to office, agency or instrumentality of the
destroy wild or illegal growth of plants government, including government-
from which dangerous drugs may be owned and or -controlled corporations, in
extracted; the anti-illegal drugs drive, which may
k. Initiate and undertake the formation of include the use of their respective
a nationwide organization which shall personnel, facilities, and resources for a
coordinate and supervise all activities more resolute detection and
against drug abuse in every province, investigation of drug-related crimes and
city, municipality and barangay with the prosecution of the drug traffickers; and
active and direct participation of all such
r. Submit an annual and periodic reports photograph of the seized/confiscated
to the Board as may be required from items shall be conducted where the
time to time, and perform such other search warrant is served.
functions as may be authorized or 2. The marking is the placing by the
required under existing laws and as apprehending officer or the poseur-buyer
directed by the President himself/herself of his/her initials and signature on the
or as recommended by the congressional item/s seized.
committees concerned.
3. In warrantless seizures, the marking of
the seized items in the presence of the
violator shall be done immediately at the
ANTI-DRUG OPERATION place where the drugs were seized or at
To achieve the desired output, the the nearest police station or nearest
agency has identified the conduct of office of the apprehending officer/team,
Anti-Drug Operations as its main whichever is practicable. The physical
programs, activities and projects. The inventory and photograph shall be
conduct of Anti-Drug Operations is conducted in the same nearest police
directly linked to the agency's Major Final station or nearest office of the
Output (MFO). This PAP shall encompass apprehending officer/ team, whichever is
the following performance Indicators of practicable.
the agency: 4. In cases when the execution of search
• Arrest of High-Value Targets warrant is preceded by warrantless
• Conduct of High-Impact Operations seizures, the marking, inventory and
• Drug-Related Information Acted Upon photograph of the items recovered from
Within One (1) Hour the search warrant shall be performed
separately from the marking, inventory
PDEA GUIDELINES ON THE and photograph of the items seized from
IMPLEMENTING RULES AND warrantless seizures.
REGULATIONS (IRR) OF SECTION 21
OF REPUBLIC ACT NO. 9165 AS 5. The physical inventory and
AMENDED BY REPUBLIC ACT NO. photograph of the seized/confiscated
10640 items shall be done in the presence of
the suspect or his/her representative or
IMPLEMENTING RULES AND counsel, with elected public official and a
REGULATIONS representative of the National
The PDEA shall take shall take charge Prosecution Service (NPS) or the media,
and have custody of all dangerous drugs, who shall be required to sign the copies
plant sources of dangerous drugs, of the inventory of the seized or
controlled precursors and essential confiscated items and be given copy
chemicals as well as thereof. In case of their refusal to sign, it
instruments/paraphernalia and/or shall be stated "refused to sign" above
laboratory equipment so confiscated, their names in the certificate of
seized and/or surrendered, for proper inventory of the apprehending or seizing
disposition in the following manner; officer.
Marking, Inventory and Photograph;
6. A representative of the NPS is anyone
Chain of Custody from its employees, while the media
representative is any media practitioner.
The apprehending or seizing officer The elected public official is any
having initial custody and control of the incumbent public official regardless of
seized or confiscated dangerous drugs, the place where he/she is elected.
plant sources of dangerous drugs, 7. To prevent switching or contamination,
controlled precursors and essential the seized items, which are fungible and
chemicals, instruments/paraphernalia indistinct in character, and which have
and/or laboratory equipment shall, been marked after the seizure, shall be
immediately after seizure and sealed in a container or evidence bag
confiscation, mark, inventory and and signed by the apprehending/seizing
photograph the same in the following officer for submission to the forensic
manner: laboratory for examination.
1. The marking, physical inventory and 8. In case of seizure of plant sources at
the plantation site, where it is not Laboratory Examination, Custody
physically possible to count or weigh the and Report
seizure as a complete entity, the seizing a. Within twenty-four (24) hours upon
officer shall estimate its count or gross confiscation/ seizure of dangerous drugs,
weight or net weight, as the case may plant sources of dangerous drugs,
be. If it is safe and practicable, marking, controlled precursors and essential
inventory and photograph of the seized chemicals, as well as
plant sources may be performed at the instruments/paraphernalia and/or
plantation site. Representative samples laboratory equipment, the same shall be
of prescribed quantity pursuant to Board submitted to PDEA Forensic Laboratory
Regulation No. 1, Series of 2002, as for a qualitative and quantitative
amended, and/or Board Regulation No. 1, examination, subject as provided further
Series of 2007, as amended, shall be below:
taken from the site after the seizure for
laboratory examination, and retained for 1. In support of the PDEA, the forensic or
presentation as the corpus delicti of the crime laboratories of the Philippine
seized/confiscated plant sources National Police (PNP) and the National
following the chain of custody of Bureau of Investigation (NBI) shall
evidence. conduct qualitative and quantitative
9. Noncompliance, under justifiable examination of the seized/confiscated or
grounds, with the requirements of surrendered items submitted by the anti-
Section 21(1) of RA No. 9165, as illegal drug operating units/task forces,
amended, shall not render void and or apprehending officer/team consistent
invalid such seizures and custody over with paragraph E.2.4 of these guidelines.
the items provided items are properly b. A certification or chemistry report of
preserved by the apprehending ovided the forensic Aboratory examination
further bel the integrity and the results, which shall be done by the
evidentiary value of the seized forensic examiner, shall be issued
officer/team. immediately upon the receipt of the
10. Any justification or explanation in subject item/s within the reglementary
cases of non compliance with the period that would enable the
requirements of Section 21(1) of RA No. apprehending officer/team to file the
9165, as amended, shall be clearly criminal charge/s with the prosecutor's
stated in the sworn statements/affidavits office against the violator/s as prescribed
of the apprehending/seizing officers, as by law.
well as the steps taken to preserve the c. When the volume of dangerous drugs,
integrity and evidentiary value of the plant sources of dangerous drugs, and
seized/confiscated items. Certification or controlled precursors and essential
record of coordination for operating units chemicals would not allow the
other than the PDEA pursuant to Section completion of testing within the time
86 (a) and (b), Article IX of the IRR of RA frame to file the criminal charge/s
No. 9165 shall be presented. against the violator/s, a partial
11. The chain of custody of evidence laboratory examination report shall be
shall indicate the time and place of provisionally issued by the forensic
marking, the names of officers who chemist, stating therein the quantities of
marked, inventoried, photographed and dangerous drugs or controlled precursors
sealed the seized items, who took and essential chemicals still to be
custody and received the evidence from examined by the forensic laboratory.
one officer to another within the chain, Provided, that a final certification or
and further indicating the time and date chemistry report shall be issued
every time the transfer of custody of the immediately upon completion of the said
same evidence were made in the course examination.
of safekeeping until submitted to d. In provinces where no forensic or
laboratory personnel for forensic crime laboratories are equipped and
laboratory examination. The latter shall operational for scientific drug analysis,
continue the chain as required in or when the distance from the existing
paragraph B.5 below. PNP, NBI or PDEA forensic or crime
laboratory to the place of
seizure/confiscation of the subject items 3. Request to take custody of the marked
or office of the apprehending and inventoried items seized/
officer/team requires several hours of confiscated by virtue of search warrant
travel, copy of the facsimile or any must be supported or accompanied by
electronic transmission of the the following:
certification or chemistry report of the
laboratory examination results issued to Motion to take/retain custody of the
the apprehending officer/team for seized/ confiscated or surrendered
submission to the prosecutor's office dangerous drugs, plant sources of
concerned shall be considered as dangerous drugs, or controlled
sufficient copy of laboratory report for precursors and essential chemicals,
the filing of criminal charge/s with the instruments/ paraphernalia and/or
prosecutor's office. Provided the original laboratory equipment taken from the site
certification or chemistry report shall be by the apprehending officer,
forwarded and submitted immediately by • Certificate of inventory;
the apprehending officer/team to the • Photograph showing the seized items
prosecutor's office. and witnesses;
e. In any case, the chain of custody of • Certification or chemistry report of the
the seized/ confiscated items received results of the laboratory examination;
from the apprehending officer/team, and • Affidavits of apprehending
examined in the forensic or crime officers/team;
laboratory shall be observed, where it • Accomplished chain of custody form;
shall document the chain of custody • Accomplished authority to operate
each time a specimen is handled, form;
transferred or presented in court until its • Accomplished pre-operation report
disposal, and every individual in the form;
chain of custody shall be identified • Certification/record of coordination;
following the laboratory control and and
chain of custody form.
If applicable, record/certification of
f. To expedite the immediate disposition orderly search, the sworn statements of
and destruction of seized/ confiscated the apprehending or seizing officers
plant sources of dangerous drugs at the stating the circumstances and
eradication site, the seizing officer or justification for non- compliance with
forensic chemist shall get and preserve inventory and photograph and/or
their representative samples, after their presence of the prescribed witnesses
seizure and confiscation, and perform during the inventory and photograph,
field or screening test at the site, as far and the steps taken to preserve the
as practicable. The release of the integrity and the evidentiary value of the
certification or chemistry report shall be seized/confiscated items.
after the confirmatory test of the
samples examined. The above requirements stated, except
its number "1", for the filing of criminal
Filing of Complaint and Destruction charges shall also apply in buy-bust
of Confiscated or Seized Items operation.
a. In cases of seizure or confiscation 4. In cases of bulk or voluminous
where a criminal case is filed, the seizures, where it is not practical or safe
following shall be performed: to bring the seized/ confiscated physical
1. Appropriate criminal charges must be items or evidence to the issuing court,
filed in the prosecutor's office against the presentation and examination of
the arrested violator/s within the certificate of the inventory and the
reglementary period provided by law. photographs, as supported by the same
documentary exhibits mentioned in
2. When the seizure is executed by paragraph (c), with motion to take or
virtue of search warrant, the return must retain custody of the seized/confiscated
be filed with the Court which issued the items, are sufficient for purposes of the
search warrant with the request to take return of search warrant.
custody of the seized/confiscated items 5. After filing the criminal charges with
if the criminal case has been filed with the prosecutor's office, the apprehending
the prosecutor's office. officer/team or PDEA shall file urgent
motion for the immediate destruction of a) Thermal destruction method in
the seized/confiscated or surrendered accordance with applicable
dangerous drugs, plant sources of environmental laws. The PDEA may
dangerous drugs, controlled precursors engage the professional services of third
and essential chemicals, instruments/ parties with thermal facilities covered by
paraphernalia and/or laboratory valid and subsisting permits and
equipment, with prayer for ocular clearances issued by appropriate
inspection within seventy-two (72) hours, government agencies;
with the Regional Trial Court (RTC) of the
city or province where the confiscation/ b) Other lawful appropriate methods as
seizure and/or surrender took place, with may be authorized by the Board, in
prior written conformity of the Provincial consultation with the DENR.
or City Prosecutor of the province or city, c) Marijuana and plant sources of
as the case may be, where the dangerous drugs shall be destroyed by
confiscation/seizure and/or surrender burning on the site of eradication activity
took place or the Prosecutor General or and in open field. Thereafter, the burnt
his duly authorized representative which marijuana plants shall be buried
shall be indicated in the pleading. The underground.
urgent motion for destruction shall be 2. The destruction or burning of
heard and resolved within five (5) days seized/confiscated or surrendered
upon receipt of its filing. dangerous drugs, controlled precursors
6. Upon receipt of the order of and essential chemicals, instruments/
destruction, PDEA shall proceed with the paraphernalia and/or laboratory
destruction or burning of the subject equipment shall be done in the presence
drug evidence/items within twenty- four of the accused or the person/s from
(24) hours, or as far as practicable, in whom such items were confiscated
the presence of the prescribed and/or seized, or his/her representative
witnesses. or counsel, a representative from the
media and the Department of
7. In cases where the plantation site is Justice/National Prosecution Service, civil
infested by insurgents, or inaccessible by society groups and any elected public
motor vehicles and transmission official.
communication signal, or the weather 3. The absence of the accused or
condition, calamity or disaster found offender who is at large during the
therein poses danger on the safety of destruction or burning shall not prejudice
the apprehending officers/team and the the criminal case/s filed against him/her,
witnesses, the destruction of the plant provided that due notice of the
sources even without the order of destruction has been issued to him/her
destruction will immediately be in his/her known address on record.
undertaken. Lead Agency over the Custody and
8. The apprehending officer/team or Destruction of Drug
PDEA shall preserve all the seized items Items/Representative Samples
as evidence in court until the court The PDEA shall proceed with the
terminates the case, if the amount of the destruction of drug
seized/confiscated dangerous drugs, evidence/representative samples
plant sources of dangerous drugs or presented evidence criminal cases
controlled precursors and essential before the courts, if the judgment in the
chemicals is equal to or less than the criminal case shall include a disposition
amount for retention as prescribed by directing to turn- over to PDEA the said
the Dangerous Drugs Board regulation. drug evidence/representatives samples
Destruction Process: The court shall furnish a copy of the
judgment to the PDEA.
1. Dangerous drugs and controlled
precursors and essential chemicals shall If the same directive of turn-over is not
be disposed off by means in the included in the judgment of criminal case
following methods: by the court, the trial prosecutor shall
request the court for leave to turn-over
such drug evidence or representative
samples to PDEA, or undertake to inform ~ Anti-Trafficking in Persons Act of 2003
the latter of the final termination of the (RA 9208):
case with a copy of the judgment. After
receipt of the judgment, the PDEA shall 2. Assists local and international law
immediately retrieve from the custodian enforcement agencies in maintaining the
officer and take custody of the said drug tranquility of the state by addressing
evidence/ representative samples for its threats to national security, public
proper destruction within twenty- four safety, public morals, and public health
(24) hours, or as far as practicable. posed by certain foreigners.
3. Serves as the chief repository of all
immigration records related to the entry,
BUREAU OF IMMIGRATION temporary sojourn, admission, residence,
(KAWANIHAN NG PANDARAYUHAN) and departure of foreigners in the
country.
• The Philippines’ foremost immigration SPECIFIC FUNCTIONS
regulatory and control body.
• Is a key government agency under the In the discharge of its broad functions,
Department of Justice (DOJ) in the the Bureau, through its Board of
Philippines, tasked with the regulation Commissioners, exercises administrative
and control of the entry, stay, and exit of and quasi-judicial powers over the:
foreign nationals in the country. a. Regulation of the entry (arrival), stay
(sojourn), and exit (departure) of foreign
BRIEF HISTORY nationals in the country.
The BI started as a division of the Bureau b. Monitoring of the entry and exit of
of Customs during the American regime Filipino citizens in compliance with
in 1899. Philippine laws and legal procedures.
It was appropriate because ship travel c. Issuance of immigration documents
and ship cargo were interlinked and and identification certifications for non-
hence, the office was at the Bureau of immigrant, immigrant, and special non-
Customs. immigrant visas.
The government then, gave more d. Issuance of special permits related to
importance on the entry of goods than the enforcement of immigration laws
monitoring of foreign nationals coming (e.g., Special Work Permit (SWP),
into the country. Provisional Permit to Work (PPW), Special
The government was more interested in Study Permit (SSP), re-entry permits,
generating customs duties from these clearances, etc.).
goods than in the control and regulation e. Extension of stay for temporary
of the arrival and stay of foreigners. visitors and implementation of changes
Established in 1940 under the Philippine of status as provided by law.
Immigration Act, the BI’s roots go back f. Investigation, hearing, decision, and
to its earlier days in the Bureau of execution of orders regarding exclusion,
Customs since 1899. deportation, and repatriation of foreign
Formerly known as the Bureau of nationals.
Immigration and Deportation from 1972 g. Implementation of Hold Departure
to 1987, this institution, under the Orders, Blacklist, Watchlist, Immigration
Department of Justice, has played a Lookout Bulletin Orders, and Alert List
crucial role in shaping the nation’s Orders.
approach to immigration. h. Cancellation of immigration
GENERAL FUNCTIONS documents upon violation of immigration
laws and procedures.
1. Acts as the primary enforcement arm i. Investigation, arrests, and detention of
of the Department of Justice, ensuring foreigners in violation of immigration
compliance with existing laws by all regulations and other Philippine laws.
foreigners within its territorial j. Accreditation of schools and learning
jurisdiction. institutions officially accepting and
• Existing Laws enrolling foreign students.
~ Commonwealth Act No. 613: known as k. Accreditation of law firms, liaison
Philippine Immigration Act of 1940 officers, travel agencies, and other
individuals and organizations transacting
with the Bureau of Immigration. Adolphe Quetelet used maps to examine
correlations between crime and
transportation routes, education levels,
and ethnic and cultural variations
(Weisburd & McEwen, 1997). In the other
LAND TRANSPORTATION OFFICE hand, the creation of maps that shows
(LTO) rates of male incarceration and county
The Land Transportation Office (LTO) is a crime began in 1849 by Joseph Fletcher,
Philippine government agency and in 1861 by Henry Mayhew (Chamard
responsible for the implementation and et al., 2006).
enforcement of land transportation rules
and regulations in the country. It also
provides licenses, registrations, permits, In United States, the first substantive
and other services to qualified applicants spatial crime was conducted in the
throughout the Philippines. 1920s and 1930s by urban sociologists in
The LTO is the apex agency of Philippine Chicago. Their crime research and
government tasked: related crime maps shows that factors
• To ensure road safety through the such as social disorganization and
inspection and registration of roadworthy poverty was linked to crime and
motor vehicles, delinquency. In fact, these scholars'
• Issuance of license cards/permits to spatial analysis of juvenile delinquency
qualified drivers, and social conditions in Chicago is
• Strict yet fair enforcement of traffic considered to be one of the foremost
laws, rules and regulations. examples of crime mapping in the first
half of the 20th century (Groff & La
It is a sectoral agency of the Department Vigne, 2002).In addition, Clifford Shaw
of Transportation by virtue of Executive and Henry McKay mapped thousands of
Order E.O No. 125 and 125A dated 13 incidents of juvenile delinquency and
April 1987 and E.O No. 226 dated 25 July analyzed the relationships between
1987, is tasked to: delinquency and social conditions (Shaw
& McKay, 1942). They found that the
zone near the central business district
FOUR FUNCTIONS OF LTO
perpetually suffered from the highest
OPERATION
rates of juvenile delinquency and other
1. Register motor vehicles; social problems regardless of the specific
2. Issue driver's/conductor's licenses and ethnic group occupying the zone at the
permits; time.
3. Enforce transportation laws, rules and
regulations; and
4. Adjudicate apprehension cases. In the 1950s, Jane Jacobs she introduced
constructs that are still used in today's
III. HISTORICAL DEVELOPMENT OF CRIME
place-based research, such as "eyes on
MAPPING
the street" and "social capital." Although
In 1829, Adriano Balbi and André-Michel Jacobs did not attempt to forecast crime,
Guerry created the first maps of crime her work led to later research positing
using criminal statistics and that crime has spatial patterns and thus
demographic data from the census in should be able to be forecast.
France. It shows the relationships
In the 1970s, criminologists began to
between crimes against property, crimes
emphasize the importance of place.
against persons, and levels of education.
Lawrence Cohen and Marcus Felson's
Balbi and Guerry found that areas with
Routine Activities Theory (RAT) described
high levels of crimes against property
how routine activities affect crime.
had a low incidence of crimes against
According to this theory, for a crime to
people and that higher numbers of
occur, three things must coincide at the
educated people lived in areas with more
same place and time: a person
property crime. This is often cited as the
motivated to commit a crime, a suitable
first instance of crime mapping (Dent,
target, and a lack of capable
2000). During this period, the Belgian
guardianship. Due to the consistency in
astronomer and statistician Lambert
our routines, Cohen and Felson argued,
we should be able to forecast crime:
"The spatial and temporal structure of
routine legal activities should play an In the Philippines, former Police Regional
important role in determining the Office - Cordillera (PROCOR) Regional
location, type and quantity of illegal acts Director, CSUPT (PBGEN) Benjamin B.
occurring in a given community or Magalong developed a GIS-based tool for
society" (Cohen & Felson, 1979). more accurate crime analysis and
internal security operation in 2012. The
tool for crime-mapping and tracking
Similarly, Paul and Patricia Brantingham criminals and other threat groups has
put forward the environmental been developed with the assistance and
criminology theory, positing that crime is support of civilian engineers and
a complex event in which four things students from different colleges and
intersect at one time: a law, a person universities in the region (Geospatial
motivated to commit a crime, a target, World, 2012).
and a place (Brantingham &
Brantingham, 1981). They defined this
fourth dimension - place as a discrete CHAPTER IV : Crime Mapping
location where the other three
dimensions intersect and provided seven 1. CRIME ANALYSIS
propositions describing how, where, and
why people decide to commit crimes. a. What is Crime Analysis?
These propositions provide a framework
Crime analysis refers to the set of
to argue that crimes may spatially
systematic, analytical processes that
cluster because either a criminal has
provide timely and pertinent information
already spent time and energy staking
about crime patterns and crime trend
out a neighborhood (a form of "capital")
correlations to assist the operational and
or the learned behavior may result in a
administrative personnel in planning the
peripatetic cycle. The propositions lead
deployment of resources for the
to the idea that place not people - is the
prevention and suppression of criminal
key element in crime. As such, the
activities, aiding the investigative
Brantinghams believe that "it should be
process, and increasing apprehensions
Possible to predict the spatial distribution
and the clearance of cases. Effective
of crime and explain some of the
crime analysis affects all areas and
variation in volume of crime between
operations of a police department by
urban areas and between cities."
refining and distributing useful
information (Boba, 2005 & Stiles, 1981).

During the 1980s, NIJ funded evaluations


of place- based policing strategies,
Crime analysis is the systematic study of
including the research by Sherman and
crime and disorder problems as well as
colleagues as well as similar research in
other police-related issues including
Chicago. NIJ also began funding the
socio demographic, spatial, and
development of technologies that were
temporal factors to assist the police in
later incorporated into crime- mapping
criminal apprehension. crime and
software. In 1997, NIJ established the
disorder reduction, crime prevention,
Crime Mapping Research Center, which
and evaluation (Boba, 2005).
surveyed law enforcement departments
to determine how they used analytic b. Types of Crime Analysis (Boba,
mapping. The center began developing 2005)
training programs to enhance
departments' capability to use spatial 1. Intelligence Analysis
maps and data sets. From 1997 to 2014,
The purposes of intelligence analysis are
NIJ funded the development of CrimeStat
to identify toasorks of offenders and
software to help practitioners and
criminal activity as well as to assist the
academics conduct spatial analyses
police in apprehending those violators of
(Hunt, 2019).
the law (Petersen, 1994). These
networks are typically related to between the locations of serial crimes or
organized crime, gangs, drug traffickers, crime patterns and the characteristics of
prostitution rings, financial fraud rings, the surrounding area, particularly
or combinations of these criminal transportation routes. This analysis is
enterprises. Data that are examined in based in part on complex statistically
intelligence analysis is gathered through based presumptions that offenders tend
surveillance, wiretapping, informants, to operate in areas that are familiar to
and participant observation (ie, them and in relative proximity to their
undercover operations). The type of residences or to places they frequent,
information examined is not limited to and it can assist investigators in focusing
criminal information; it may include the their investigation on potential suspects
telephone conversations, travel living or working within a specific area or
information, financial/tax information, neighborhood (Henry, n.d.).
and family and business relationships of
those under investigation. By analyzing
these data, intelligence analysts seek to 3. Tactical Crime Analysis
link information together, prioritize
information, identify relationships, and Tactical crime analysis is the study of
distinguish areas for further recent criminal incidents and potential
investigation. Intelligence analysts work criminal activity through the examination
closely with police officers and are often of characteristics such as how, when,
officers themselves. and where the activity has occurred to
assist in pattern development,
2. Criminal Investigative Analysis investigative lead and suspect
In the 1970s and 1980s, what is now identification, and case clearance
known as criminal investigative analysis (adapted from Boba, 2001).
was usually referred to as criminal 4. Strategic Crime Analysis
profiling. This type of analysis entails the
process of constructing "profiles" of Strategic crime analysis is the study of
offenders who have committed serious crime problems and other police-related
crimes. Criminal investigative analysts issues to determine long-term patterns
use the elements of the crimes these of activity as well as to evaluate police
offenders have committed to infer responses and organizational procedures
certain things about the offenders, (adapted from Boba, 2001).
including characteristics such as
personality type, social habits, and work 5. Administrative Crime Analysis
habits. The primary purpose is to help
Administrative crime analysis is the
criminal investigators identify and
presentation of interesting findings of
prioritize suspects by inferring the
crime research and analysis based on
personal characteristics of likely
legal, political, and practical concerns to
offenders.
inform audiences within police
A subset of criminal investigative administration, city government/ council,
analysis is geographic profiling. In this and citizens (adapted from Boba, 2001).
type of analysis, the geographic
locations of an offender's crimes are
used to identify and prioritize areas II. CRIME MAPPING
where the offenders likely to live
(Rossmo, 2000).It has a same goal that a. What is Crime Mapping?
is to identify and capture the offender.
Crime mapping is a term used in policing
to refer to the process of conducting
spatial analysis within crime analysis. It
Geographic Profiling is the process of using a geographic
information system to conduct spatial
It is an innovative analytic technique
analysis of crime and disorder problems
pioneered by former Vancouver Police
as well as other police- related issues
detective Kim Rossmo that uses
(Boba, 2005).
advanced crime mapping techniques to
examine the spatial relationships
Crime mapping is the process through use them. A GIS does more than enable
which crime analysts and researchers the user to produce paper maps; it also
use location information about crime allows him or her to view the data
events to detect spatial patterns in behind geographic features, combine
criminal activity. Early crime mapping various features, manipulate the data
efforts typically involved placing physical and maps, and perform statistical
markers, such as pins, on maps to functions (Boba, 2005).
designate the locations where crimes
occurred. Patterns of criminal activity
were determined primarily through VI. TYPES OF CRIME MAPPING
visual inspection of these maps
([Link]). (Boba, 2001 & Boba, 2005)
Crime mapping is a technology-based 1. Manual Pin Mapping
analytic method widely used by crime
analysts, strategists and planners, and Wall maps have long been a simple and
operational officers and policymakers in useful way to depict crime incidents or
police and other law enforcement hotspots. Many police departments still
agencies to identify, detect, map, and have large maps tacked to the wall of
display the spatial and, often, the the briefing room with the most recent
temporal distribution of crime incidents crimes represented by pins. Although
and crime patterns. By identifying the useful, manual wall maps, offer limited
locations and the times at which crimes utility because they are difficult to keep
have already occurred, the capacity of updated, keep accurate, make easy to
crime mapping analysis to recognize read, and can only display a limited
ongoing crime patterns and trends has amount of data. For example, although
great predictive value in terms different colored pins could be used to
pafocusing police activity and police represent different types of crime, date
resources at the pofcations where they and time of incidents, the nature of
will have the greatest impact in reducing incidents, and other information cannot
crime and hence increasing security. This be displayed easily. In order to update a
entry reduews crime mapping manual wall map, for example, the pins
techniques and discusses the benefits as must be removed each month. Unless a
well as concerns associated with its use, photo or some other mechanism is used
including civil rights and privacy to record the previous month's map, the
concerns (Henry, n.d.). information illustrated on the map is lost.
Thus, comparison is difficult, if not
impossible, from one month to the next.
Finally, he maps become unreadable
b. What is Geographic Information when they display large amounts of data
System (GIS)? because of the numerous pins and/or
A geographic information system (GIS) is holes (Boba, 2001).
a powerful software tool that allows the
user to create any kind of geographic
representation, from a simple point map 2. Computer Mapping
to a three-dimensional visualization of
spatial or temporal data. It is a set of Computer map is similar to a wall map,
computer-based tools that allows the in that the computer is used to place a
user to modify, visualize, query, and point at a specific location just as a
analyze geographic and tabular data person would put a pin on a wall map.
(Boba, 2005). Thus, computer maps have limitations
similar to wall maps. For instance, when
using to map an address, clicking on a
point will not provide information behind
A GIS is similar to a spreadsheet or word that point, such as the specific address.
processing program in that the software While visually appealing and easy to use,
provides a framework and templates for computer mapping does not allow any
data collection, collation, and analysis, more effective analysis than manual pin
and it is up to the user to decide what mapping. (Boba, 2001)
parts of the system to use and how to
use single-symbol mapping primarily to
display geographic information in which
3. Geographic Information System there is no overlap; they employ other
(GIS) types of maps to convey information
A GIS is a powerful software tool that about multiple Incidents at particular
allows the user to create anything from a locations.
simple point map to a three-dimensional
visualization of spatial or temporal data.
A GIS is different from manual pin maps In addition, single-symbol maps are not
and computer maps in that it allows the useful when analysts are dealing with
analyst to view data behind the large amounts of data. Imagine the map
geographic features, combine various in Figure 4 with the locations of 100
features, manipulate the data and maps, schools marked. The points would
and perform statistical functions (Boba, overlap, and the map would be difficult
2001). to read. Thus, analysts use single-symbol
maps primarily when they are working
with relatively small amounts of data
4. Crime Analysis Mapping that do not overlap. Police agencies also
often use single-symbol maps to
The process of using a geographic communicate the locations of crimes
information system in combination with within patterns to police personnel.
crime analysis techniques to focus on
the spatial context of criminal and other
law enforcement activity. Crime analysis 6. Buffer
mapping is used to describe this process
because using a GIS to analyze crime is A buffer is a specified area around a
not just the act of placing incidents on a feature on a map. Buffers can be set at
map but also of analysis (Boba, 2001). small distances, such as 50 feet, or
larger distances, such as 500 miles,
Here are other types of crime mapping depending on the purpose and scale of
according to Boba (2005). the map. Buffers help in crime analysis
by illustrating the relative distances
between features on a map. The
5. Single-Symbol Mapping example map in Figure 5 shows a park
(polygon feature) with a 500-foot buffer,
In single-symbol maps, individual which could be used to show whether
uniform symbols represent features such drug arrests were made within 500 feet
as the locations of stores, roads, or of the park. Buffers can also be used as
states. Figure 4 is an example of a single polygons for data aggregation and
symbol map showing school locations comparison. Figure 6 shows two buffers
and streets. An important thing to keep (500 feet and 1000 feet) around
in mind about single-symbol maps is that nightclubs (point features), which
a GIS places all points on such a map analysts fubld use to compare incidents
that share the same address directly on frectly around the nightclubs to those
top of one another, making it impossible farther out to see whether the activity
for the map to show how many points has a spill over effect on surrounding
there really are. For example, in the map neighborhoods.
shown in Figure 4, if a reddle school and
elementary school share the same
midress, the GIS will have placed two
gray circles in the same spot, so there is 7. Graduated Mapping
no way someone looking at the map Crime analysts often use graduated
samese all the schools in the area. This maps-that is, maps in which different
drawbackhap single-symbol mapping is sizes or colors of features represent
particularly relevant for the mapping of particular values of variables. Figures 7
crime and other police data, because and 8 are general examples of
crime and other police-related incidents graduated size and graduated color
often occur repeatedly at particular maps. In a graduated size map, the sizes
locations. Because of this, crime analysts of the symbols used for point and line
features reflect their value. As noted
above, single-symbol maps are not
appropriate for displaying data about
crimes that occur at the same locations
repeatedly. Analysts use graduated size
maps for this purpose, because these
maps can account for multiple incidents
at the same locations. However, like
single-symbol maps, graduated size
maps are subject to overlapping points if
too many data are analyzed at once.

Figure 7 is a map in which points are


graduated by size according to the
numbers of crimes at specific locations.
In a graduated color map, the colors of
the symbols reflect their values; this kind
of mapping can be used with points (in a
single-symbol map only),2 lines, and
polygons. Figure 8 is a map that uses
colors to show the total numbers of
crimes in particular areas-the lighter
shaded areas are those with fewer
crimes, and the darker shaded areas are
those with more crimes

8. Chart Mapping
Chart mapping allows the crime analyst
to display several values within a
particular variable at the same time (eg,
variable = crime, values = robbery,
assault, and rape). There are two types
of chart mapping: pie and bar. In pie
chart mapping, the relative percentages
(represented

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