Rights of Arrested Persons in the Philippines
Rights of Arrested Persons in the Philippines
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:
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.
• Initiate contact with the hostage-taker • Situation must be stabilized first before
through any available means. the start of the negotiation.
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
• 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.
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).
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