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THE PHILIPPINE NATIONAL POLICE LAW

ENFORCEMENT MANUAL OF OPERATIONS

PART I

RULE I
GENERAL PROVISIONS

Section 1. Title. This Manual shall be known as the Philippine


National Police Law Enforcement Manual of Operations.

Section 2. Declaration of Policy. Regardless of the law enforcement


function to be performed or police operation to be conducted, all PNP personnel
must know by heart and shall comply and apply the provisions of this Manual to
ensure accountability and uprightness in the exercise of police discretion and
achieve efficiency and effectiveness in the performance of their duties.

Section 3. Observance of Human Rights. Human rights shall be


strictly observed and respected at all times in the conduct of all types of police law
enforcement operations. No PNP officer may inflict, instigate, or tolerate any act of
torture or other cruel, inhuman, or degrading treatment, nor may any police
officer invoke superior orders or exceptional circumstances such as a state of war
or a threat of war, a threat to national security, internal political instability, or any
other public emergency as a justification of torture or other cruel, inhuman or
degrading treatment.

Section 4. Education, Training, and Monitoring of Compliance


with the Standards

(a) The content and meaning of the standards herein prescribed shall be
infused into the value system of all members of the PNP through
education, training and proper monitoring.

(b) The mechanics of these Rules shall be thoroughly discussed with all
concerned. For this purpose, reputable government prosecutors,
Commission on Human Rights lawyers and other qualified resource
persons shall be invited to educate on them.

(c) Deep internalization of the Rules should be advocated and thorough


dissemination must be required to ensure that it is adhered to by all
the personnel of the office/unit.

(d) As a matter of Standard Operating Procedure (SOP), before any unit or


personnel is dispatched, all concerned shall be reminded about these
rules, particularly as they apply to their respective functions.

(e) Responsibility for insuring observance and implementation of these


Rules by the personnel of a unit or office shall be considered part of
the Command Responsibility of the head of such unit or office.
RULE II
COMMAND RESPONSILBILITY

Section 1. Policy. The Doctrine of Command Responsibility should be


strictly enforced throughout all levels of command of the PNP in order to attain a
high degree of discipline in the police organization.

Section 2. Definition of Terms

(a) Command Responsibility. refers to the accountability of every


Police Commissioned Officer (PCO) to closely supervise, coordinate, control
and monitor the discharge of duties by subordinates as well as the
responsibility to control and monitor the activities of others who are
operating within his area of jurisdiction and to take preventive or
corrective measures as may be warranted under the premises.

(b) Delegation of Authority. is the action by which the Chief, PNP


assigns part of his authority to the Deputy Chief for Administration (DCA),
Deputy Chief for Operations (DCO), the Chief Directorial Staff (TCDS), the
Directorial Staff, Regional Directors, NSU Directors and other officers
holding key positions.

Section 3. General Applicability of the Doctrine of Command


Responsibility in the PNP

(a) In general, the director/head of unit or chief of office shall have


command responsibility over personnel under their direct supervision
and control. They shall assume the responsibility for all that their unit
accomplishes and fails to accomplish. This principle shall apply down
to the supervisor of the smallest functional unit of the PNP.

(b) They are also held responsible for every breach of discipline, lapse in
security, abuse of authority or violation of human rights or law
committed by men under him;

(c) In a situation where a Police Commissioned Officer of a higher echelon


is present in the area and has knowledge of a commission of a
misconduct or such an imminent act, but fails to take appropriate
action, he is administratively liable and accountable for inaction on the
said misdemeanor or unlawful act;

(d) Responsibility for an improper act of a PNP personnel or lapse of any


PNP unit found responsible according to the rule as specified above
and to the extend of adverse on the consequence of the improper
act/lapse to the police organization or particular area of jurisdiction. If
the outcome adversely affected the whole PNP or the whole country
two or more regions, the responsibility and liability shall be determined
through the conduct of investigation which could go up to the level of
the Chief, PNP.

(e) If the affected organization is a PNP Regional Office or a National


Support Unit, the responsibility shall be determined by Chief, PNP. If
the consequence affected a region, responsibility may be determined

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through an investigation up to the level of the PNP Regional Director.
In the case of the lowest unit, responsibility may be determined
through the conduct of investigation up to the level of Chief of Police
of a Police Station or equivalent unit/office director Chief of an NSU.

Section 4. Procedural Guidelines. The following guidelines are


prescribed in determining the responsibility of Directors/Commanders or officers
lower than the Chief, PNP for any improper/unlawful or culpable acts committed
by any PNP personnel under their command.

(a) When a police Commissioned Officer (PCO) or Police Non-


Commissioned Officer (PNCO) commits any unlawful or culpable act or
fails to per, the immediate Commanding Officer shall without waiting
for orders from higher authority, immediately conduct an investigation
to determine the facts and circumstances of the case. Report on the
result of the investigation shall be transmitted by radio to the Chief,
PNP and to his mother unit through the usual command channels
within twelve (12) hours after the commission /discovery of the
unlawful act. Detailed report shall be submitted through channels to
the Chief, PNP (Attn:DIDM/IAS) within twenty-four (24) hours after
dispatch of the spot report.

(1) The next higher Commander exercising responsibility shall ensure


that proper investigation is immediately conducted by the proper
authority;

(2) The investigation shall be conducted by the investigation


arm/section, if the case involves simple violation of laws and
regulations;

(3) The Office of the Internal Affairs Service (IAS) shall conduct the
investigation if the cases involve grave infringement on discipline,
efficiency and effectiveness of the command or if the
consequence indicates gross negligence on the part of the
Commander; and

(4) The final report shall be submitted to the Chief, PNP by the
Inspector General after all the facts and circumstances of the
case have been properly taken up.

(b) The Chief, PNP shall decide on the degree of responsibility and liability
of the NSU Directors/PNP Regional Directors, PNP Provincial Directors
and Chiefs of Police whose leadership is in question and shall prescribe
the proper administrative and/or disciplinary measures to be taken.
The NSU Directors/PNP Regional Directors/NCR District Directors/PNP
Provincial Directors and Chiefs of Police shall decide on cases of
subordinate Commanders in their respective commands.

Section 5. Command Responsibility of the Chief, PNP

(a) The Chief, PNP, in the exercise of his power of command and
direction of the PNP under Section 26, R.A. No. 6975, shall, in general, have
command responsibility over all key officers of the PNP listed under Section 29,
R.A. No. 6975, as well as over the heads of other units/offices in the PNP.

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(b) However, in order to free him from the burden of personally
supervising these officers in the performance of their assigned duties and to
clearly delineate and pinpoint command responsibility at different levels of
command, the command responsibility of the Chief, PNP shall be limited to the
Deputy Chief for Administration (DCA), Deputy Chief for Operations (DCO), the
Chief Directorial Staff (TCDS), the Personal Staff and Special Staff and all
Regional and NSU Directors.

Section 6. Command Responsibility of the Deputy Chief for


Administration. The Deputy Chief for Administration (DCA) shall have
command responsibility over specific functions delegated to him by the Chief, PNP
as well as over the Chief Directorial Staff on matters regarding personnel, training,
logistics, comptrollership and research and development.

Section 7. Command Responsibility of the Deputy Chief for


Operations. The Deputy Chief for Operations (DCO) shall have command
responsibility over specific functions delegated to him by the Chief, PNP as well as
over the Chief Directorial Staff on matters regarding operations, intelligence,
plans, police-community relations and investigation.

Section 8. Command Responsibility of the Chief Directorial Staff


(a) The Chief Directorial Staff (TCDS) shall be directly responsible to the
Chief, PNP on matters pertaining to his functions enumerated in Rule II of his
Manual. He is further responsible to the deputy Chief for Administration and
Deputy Chief for Operations on matters prescribed in Section 6 and d 7 of this
Rule.

(b) The TCDS shall also have command responsibility over the ten (10)
Directorial Staffs on matter pertaining to his functions enumerated in Rule II of
this manual such as:

(1) General coordination and supervision of the various activities of


the Directorial Staff;

(2) As the principal coordinating directorial staff of the Chief, PNP, he


coordinates, supervises and directs members of the Directorial
Staff and NSUs in the performance of their functions; and

(3) He directs and issues detailed implementing policies and


instructions regarding personnel, intelligence, operations, funds,
logistics, police relations, plans, investigation and other matters
as may be necessary to effectively carry out the powers,
responsibilities, functions and duties of the Chief, PNP.

Section 9. Command Responsibility of the Directorial Staff. The


members of the Directorial Staff shall have command responsibility over the
Directors of National Support Units (NSUs) under their functional grouping on
technical supervision, as specified in Napolcom Resolution No. 95-043 on
Delegation of Authority. They shall also be responsible in the proper performance
of specific functions inherent to their respective offices and such other functions
as competent authorities may assign.

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Section 10. Joint Command Responsibility of the Director of the
National Support Unit and the Regional Director over the Chief of an
NSU Regional Field Unit .

The Director of the NSU shall have joint command responsibility over
the Chief of the Regional Field Unit (RFU) with the Regional Director of the area
concerned.

(a) The NSU Director shall have command responsibility over


administrative matters while the Regional Director shall have
command responsibility over operational matters. However, as a
matter of procedure, the first Director to take cognizance of any
wrong doing of the RFU Chief shall immediately take appropriate
action and shall inform the other Director.

(b) In any case, the NSU Director shall immediately relieve the erring
RFU Commander, if so warranted and shall conduct further
dispositive action.

(c) If the regional Director takes first cognizance, he shall


immediately inform the NSU Director and shall further proceed
with the necessary investigation/coordinative action for
immediate disposition of the case.

Section 11. Command Responsibility of the Regional Director of


the NCRPO. The Regional Director of NCRPO shall have command
responsibility over the NCR District Directors and the Director of the NCR Regional
Mobile Group (RMG).

Section 12. Command Responsibility of the NCR District Director.


NCR District Director shall have command responsibility over the cities/municipal
police stations. He shall have command responsibility over the District Mobile
Group.

Section 13. Command Responsibility of the Chief of Police of NCR


City/Municipal Police Station. The Chief of Police of the NCR City/Municipal
Police Station shall have command responsibility over the Commanders of the
Sub-Stations/Police Precincts in his area of responsibility (AOR).

Section 14. Command Responsibility of the Regional Director.


The Regional Director of the PRO outside of NCR shall have command
responsibility over the Provincial and City Directors and the Regional Mobile Group
Commander of the RMG in his area of responsibility.

Section 15. Command Responsibility of the Provincial and City


Directors. The Provincial Director shall have command responsibility over the
Chiefs of Police of the Component City/Municipal Police Stations. He shall also
have command responsibility over the Director of the Provincial Mobile Group. The
City Director, on the other hand, shall have command responsibility over the
Commanders of the Police Precincts which are component units of the City Police
office and the Commander of the City Mobile Group.

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Section 16. Command Responsibility of the Directors. The
Director of the Police Office outside of NCR shall have command responsibility
over the Chiefs of Police of the Component City/Municipal Police Stations under his
area of responsibility (AOR).

Section 17. Command Responsibility of the Chief of Police of the


Component City/Municipal Police Station. The Chief of Police (COP) of the
Component City/Municipal Police Station shall have command responsibility over
the Commanders of the Police Sub-Stations.

Section 18. Command Responsibility of the Sub-Station


Commander. The Sub-Station Commander shall have command responsibility
over respective Block/Sub-Station members.

Section 19. Command Responsibility of Platoon, Section


and Team Leaders. The designated leaders of platoon, Section and team in
tactical units shall have command responsibility over their respective personnel.

Section 20. Command Responsibility of Supervisors of


Other/Lower Units. Supervisors of traffic, shift, beat patrol, investigation,
recovery arrest teams and others, temporary or permanent units of similar nature,
shall have command responsibility over subordinates members. If the supervisor
or team leader is a Police Non-Commissioned Officer (PNCO), such responsibility
shall be limited to the reporting of infractions to the immediate Police
Commissioned Officer (PCO).

Section 21. Command Responsibility over PNP Personnel on Local


Schooling. The Director, Directorate for Human Resource Doctrine and
Development (DHRDD) shall have command responsibility over PNP personnel on
local schooling in career courses. For local non-career courses, the Directorial Staff
or the head of the PNP Unit holding said courses shall have command
responsibility over said students.

Section 22. Command Responsibility Over PNP Personnel on


Foreign Schooling. The DHRRD shall have command responsibility over PNP
personnel undergoing schooling abroad.

Section 23. Command Responsibility Over PNP Personnel on UN


Missions. The Directorate for Plans (DPL) shall have command responsibility
over the Commander of the PNP contingent to United Nations (UN) missions. In
turn, the Contingent Commander shall have command responsibility over
contingent members.

Section 24. Other Instructions

a) The rule on command responsibility as regard the Chief, PNP, DCA,


DCO, TCDS, and the Directorial Staff in Sections 4-9 hereof shall also apply to all
Police Regional Offices in relation to the RD, DRDA, DRDO, CRDS, and the
Regional Directorial Staff.

b) In other cases not specifically indicated herein, the prescribed mission


and functions of the unit/office shall determine the command responsibility
of the head/director/commander.

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PART II
GENERAL PROCEDURES

RULE 3
POLICE BLOTTER

Each PNP operating unit shall maintain an official police blotter where all
types of operational and undercover dispatches shall be recorded answering the
five "W"s (who, what, where, when and why) and one "H" (how) of an
information/entry therein.

A police blotter is an 18 x 12 inches logbook with hard bound cover that


contains the daily register of all crimes incident reports, official summary of
arrests, and other significant events reported in a police station.

Electronic blotter - is a computerized system that is now being used in


Davao City Police Office which was accepted by the courts, prosecutors office and
the public in general. Coordination with Supreme Court Administrator disclosed
that they are amenable to the idea of using e-blotter for the PNP but the project is
stalled because of its prohibitive costs. Other PNP offices/units may use the same
subject to availability of financial resources and trained personnel, and upon prior
coordination with all concerned.

RULE 4
POLICE NOTEBOOK

Every policeman on the beat, either on board a mobile car or on foot patrol,
must carry with him/her at all times a police notebook. The PNP shall design and
issue as soon as possible a standard hard bound police notebook. The notebook
shall be used to jot-down important events that transpired during his/her tour of
duty.

Under the Rules of Court, a police officer as a witness may glance at


his/her notebook to refresh his/her memory during court hearings.

RULE 5
POLICE ASSISTANCE

Section 1. Duty of Desk Officer (DO)


It is the duty Desk Officer (DO) who receives a request for police assistance
either in person or phone call from a concerned citizen to:
(a) Enter the name and address of the person seeking assistance, the
nature and details of the assistance required and the current time in a
blotter/incident book for that purpose;
(b) Inform/Consult his Chief of Police or Superior Officer of the request for
assistance;

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(c) Enter into the said blotter/incident book details of what action is being
taken, the names of the Responding Police Officers (RPOs) involved
and the current time;
(e) When the Responding Police Officers (RPOs) return to the Station the
DO will note the time of their return together with brief details of
action taken by the Officers in rendering assistance.

Section 2. Duty of Chief of Police or Superior Officer


The Chief of Police or Superior Officer who received from the DO the
request for police assistance shall immediately dispatched Police Officers (RPOs)
who will respond to the request; he/she shall also give directive on how the
respond should be undertaken.
Upon the return of the RPOs, the Chief of Police or Superior Officer shall
evaluate the written reports of the RPOs and take appropriate action including
contacting the original concerned citizen to ascertain that he/she is satisfied with
Police response.

Section 3. Duty of Responding Police Officers (RPOs)


The Responding Police Officers (RPOs) who were dispatched to render
assistance shall have the following duties:
(a) Make handwritten entries in their official notebooks of the names and
addresses of persons and witnesses, statements of witnesses,
sketches, photographs;
(b) Upon return to the Station, write full reports in the said
blotter/incident book and make typewritten reports.

RULE 6
INTER-UNIT CO0RDINATION

Team Leaders of Local Police Units operating outside their territorial


jurisdiction, and National Support Units shall coordinate personally or through an
official representative with the concerned territorial Police Office within whose
jurisdiction the operation will be conducted using the prescribed Coordination
Form (Appendices of Forms- Form 1) prior to the launching of the operation,
except in cases where the inter-unit coordination through the written form cannot
be made due to the nature and/or urgency of the situation, such as but not limited
to cross jurisdictional pursuit operations. In such case, the Police Unit concerned
shall endeavor to notify the territorial police office through any means of
appropriate communication at anytime during the operation, and if not possible
shall accomplish and furnish the territorial Police Office a written incident report
immediately after the termination of that particular operation.

No police operation shall be conducted by any PNP member or unit relative


to the implementation of special laws without coordination with the unit or office
specifically tasked to enforce the same.

Hot Pursuit (Cross Jurisdictional Pursuit) - (also termed in the US as fresh


pursuit) shall mean an immediate, recent chase or follow-up without significant
interval for the purpose of taking into custody any person wanted by virtue of a

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warrant or one suspected to have committed a recent offense while fleeing from
one police jurisdictional boundaries that will normally require prior official personal
inter-unit coordination but which the pursuing unit cannot at that moment comply
due to urgency of the situation.

RULE 7
BASIC REQUIREMENTS OF POLICE
INTERVENTION OPERATIONS

Section 1. Planning the Operation. Police operations are frequently


conducted to apprehend criminal suspects at large or prevent the commission of
crime. Accordingly, planning such police operations is necessary to insure its
success. The following shall be considered:

(a) Undertaking of surveillance and other information gathering


techniques, including the use of maps or sketches;

(b) Designation of the officer of primary responsibility (OPR) and the


officer who takes charge in his absence to oversee and coordinate
operations;

(c) Designation of the most senior and most experienced officer as


(OPR) or head of the operating team;

(d) Delineation of tasks to pinpoint responsibilities like restraining


officers (or those who will actually take the subject into custody),
the covering officers (or support group), etc.;

(e) Selection of trained and skilled personnel only;

(f) Conduct of background investigation of members regarding


affiliation or affinity relative to the suspects or target personalities;

(g) Undertaking of all necessary coordination;

(h) The safety of innocent persons, such as bystanders, pedestrians,


sidewalk vendors, motorists, etc. in order to avoid crossfire/stray
bullets to victims that may cause embarrassment, criminal and
administrative charges and other similar unwanted complications
in the operation;

(i) Precautionary/safety measures to be observed when firing a


weapon, especially if the area is congested or heavily populated;

(j) Determination of the appropriate weapons, equipment, and tactics


to be used taking into consideration the firepower, manpower,
and support of the law enforcement personnel which must be
reasonable and necessary to be commensurate with that of the
suspects capability;

(k) The escape routes and other possible means of evasion that may be
available to the suspect, including their use of force and taking of
hostages;

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(l) The elements of surprise and speed. Dawn or daybreak has proven
to be the best time for effecting arrests and other police
operations;

(m) The avenues of approach and the proper use of cover and
concealment;

(n) Proper handling and transportation of the arrested person or


persons;

(o) Availability of duly authorized and competent physicians to conduct


physical examination of the arrested person or persons
immediately following their actual arrest and before release from
custody, to preempt any eventual complications relative to alleged
human rights violations, and further, as applicable, to pronounce
the true condition of the physical being of the person or persons
arrested, particularly those who succumbed to death or sustained
injury(ies) as a result of the police action; and

(p) Availability of inquest prosecutor.

Section 2. Preparing for the Operation. Before the operation, the


following shall be borne in mind:

(a) Secrecy or confidentiality of the operation shall be maintained;

(b) Inspection of firepower, mobility and communications;

(c) Delineation of responsibilities must be specified:

(d) Adequate instructions shall be given on tactical matters, such as


communications to be used, signals, passwords, identification,
etc;

(e) All legal documents necessary, such as warrants, authority,


orders, etc. must be at hand; and

(f) The move-out strategy such as evacuation, withdrawal, and


similar tactics must be known to all concerned.

Section 3. Requirements During the Conduct of Police


Intervention Operations

All police law enforcement or intervention operations (arrest, raid, search


and seizure, checkpoint, demolition, civil disturbance management) shall be
conducted:

(a) With a marked police vehicle;


(b) Preferably led by a Commissioned Officer; and
(c) With personnel in proper police uniform, with name plate and
cloth.

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Section 4. Briefing and Debriefing. Before conducting any
operation, proper briefing shall be conducted on the nature of the mission and
tasking of responsibilities with a reminder on the applicable police procedures and
the Dos and Donts.

After every operation, debriefing and critiquing shall be conducted to


emphasize the lessons learned as part of educating the members of the unit.

Section 5. Secrecy Discipline

(a) Revelation. All PNP officers shall be reminded that revealing of


confidential information to any private party is highly irregular and is punishable
under Philippine Laws, particularly Article 229 of the Revised Penal Code.

(b) Confidentiality of Information. All information gathered in the


course of an investigation of an offense shall be held in strict confidence and
should not be divulged to private parties, especially the suspect.

(c) Classified Information and Document. All classified


information/documents shall be handled properly with utmost care, so as to
safeguard their contents/details from being released/divulged to unauthorized
person/s or entities, especially the media.

RULE 8
WARNING THROUGH THE USE OF MEGAPHONES
AND OTHER SIMILAR DEVICES

During actual police intervention operations, the team leader shall exhaust
all peaceful means, including the use of megaphones or any other similar means,
to influence/warn the offenders/suspects to stop and/or peacefully give up.

RULE 9
WARNING SHOTS

The police shall not use warning shots during any police intervention.
Instead, whistle shall be used or any other means authorized under the preceding
Rule. The whistle shall be an indispensable part of the police uniform and
individual equipment.

(This rule was lifted from the FBI Manual but was found to be very
unpopular to policemen in the beat. However, the PNP decided to adopt this rule
because of the danger posed by warning shots to life and property, especially in
crowded areas.)

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RULE 10
REASONABLE AND NECESSARY FORCE

Police officers shall be equipped with various types of weapons and


ammunitions that would allow for differentiated or graduated use of force and
firearms. These shall include the use of non-lethal incapacitating weapons in
appropriate situations.

(a) Police officers shall use force only when necessary and to the extent
required for the performance of their duty.

(b) Only necessary and reasonable force sufficient to conduct self-defense


or defense of a stranger and/or subdue or overcome a clear and
imminent danger posed by a suspect shall be applied.

(c) The use of force shall be tempered with such considerations as keeping
foremost in the minds of the police officers the safety of innocent
civilians in the area of operation and prevention of crossfire,
casualties, or damages to third parties. A reasonable force to
neutralize the suspects resistance is sufficient.

The Officer- in- Charge or most senior PNP personnel of the operation shall
at all time exercise control over his men in the area, and shall ensure that no
innocent civilian is caught in the crossfire.

The reasonableness of the force employed will depend upon the nature and
quality of the weapon used by the aggressor, his physical condition, character,
size and other circumstances and also the place and occasion of the assault (The
Revised Penal Code, Book I, J.B.L. Reyes).

RULE 11
USE OF DEADLY FORCE

The excessive use of force is prohibited. The use of weapon is justified if


the suspect poses imminent danger of causing death or serious physical injury to
the policeman or other persons. The Supreme Court explained that a policeman
must stand his ground because unlike a civilian who can run for his life, a
policeman cannot, lest, he can be charged for cowardice (US vs Mojica, 42 Phil
784).

The danger is imminent if it is on the point of happening. It is not


required that the attack already begins, for it may be too late (The Revised Penal
Code, Book I, J.B.L. Reyes). There is imminent danger when the following
elements are present:

(a) Intent of the suspect to harm the policeman;


(b) The capability of the suspect to harm the policeman or other persons;
and

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(c) Accessibility or the proximity of the suspect in harming the policeman
and other persons.

The use of weapon is also justified under the Doctrines of Self-Defense,


Defense of Relative, and Defense of Stranger.

Any police officer who uses firearm against the suspect must submit an
after encounter report stating the circumstances necessitating the use of deadly
weapon against the suspect as well as serve as the proof for the legitimate
expenditure of ammunitions and collateral replacement thereof.

RULE 12
MOVING VEHICLES

Moving vehicles shall not be fired upon except when its occupants pose
imminent danger of causing death to the policeman or other persons, and the use
of firearm does not create a danger to the public that far outweighs the likely
benefits of its use.

In firing upon a moving vehicle, the following parameters should be


considered:

(a) Intent of the fleeing suspect/s to harm the policeman or other persons;
(b) The capability of the fleeing suspect/s to really harm the policeman or
other persons; and
(c) Accessibility or the proximity of the fleeing suspect/s in harming the
policeman and other persons.

RULE 13
THINGS TO BE DONE AFTER AN ARMED CONFRONTATION

Immediately after an armed confrontation, the Officer- in -Charge or the


most senior PNP officer in the group shall:

(a) Check whether the situation still poses imminent danger;


(b) Secure the site of confrontation;
(c) Evacuate the wounded to the nearest hospital; and
(d) Account for the killed, wounded and arrested persons for
proper disposition.

RULE 14
JURISDICTIONAL INVESTIGATION
BY THE TERRITORIAL UNIT CONCERNED

The Police Unit which has territorial jurisdiction of the area of the armed
confrontation, together with the Scene of the Crime Operation (SOCO) Team, if
any, shall immediately undertake the necessary investigation and processing of
the scene of the encounter.

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In cases where there is a slain suspect, the team leader of the operating
unit shall submit the incident for inquest before the duty inquest prosecutor prior
to the removal of the body from the scene, except in areas where there are no
Inquest Prosecutors or there is compelling reason for the immediate removal of
the body therefrom. In which case, the territorial police unit can proceed with the
investigation.

PART III

BASIC PROCEDURES

RULE 15
CITIZEN CONTACTS

Section 1. Scope and Purpose. - The cornerstone of effective police


work lies in police interactions with the citizens. In order to maximize the
usefulness thereof to police intelligence and investigation, while at the same time
observing and respecting the rights of the citizens, this Rule prescribes the
limitations of authority and acceptable conduct, practices and procedures of police
officers when undertaking citizen contacts.

Section 2. Citizen Contacts.-

(a) Definition. - For purposes of this Rule, citizen contact refers to the
actions by a police officer that shall place him/her in face-to-face
communication with a citizen, for purposes of asking questions or
gathering information of an official nature, where there is no
reasonable suspicion to believe that the citizen has committed, is
committing, or has attempted to commit a crime.

(b) Initiation. Citizen contacts may be initiated by an officer when the


officer believes that it may serve the interest of a police investigation,
inquiry, or other bona fide police undertakings.

(1) Officers may initiate a citizen contact in any place that the officer
has a legal right to be, other than their office/station; such as,
but not limited to, the following:

(i) Areas intended for public use or normally


exposed to public view;

(ii) Places to which the officer has been admitted


with the consent of the person empowered to give such
consent;

(iii) Places to which the officer may be admitted


pursuant to a court order (such as an arrest or search
warrant);

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(iv) Places where the circumstances require an
immediate law enforcement presence to protect life, well-
being or property; and

(v) Places in which the officer may effect a lawful


warrantless arrest.

(2) Officers may initiate citizen contacts only for legitimate police-
related purposes. They may not use such contacts on a
pretextual basis so as to intimidate, harass or coerce citizens.

(c) Protocol

Officer must keep in mind that citizen contacts are based on the
presumption that the citizen is not under any reasonable suspicion of
criminal activity. As such, police officers should adhere to the following
protocols:

(1) Persons "contacted" may not be detained in any manner


or frisked unless reasonable suspicion is established during the
course of the contact to believe they present a danger to the
officer or that they have committed, are committing or are
attempting to commit a crime.

(2) An officer may not use force or coercion to require a citizen to


stop or respond to questions or directions in the absence of any
other legal reason.

(3) Officer shall ensure that their actions and requests could not be
reasonably perceived by the citizen as a restraint on his or her
freedom to leave the officer's presence. As such, officer should
observe the following:

(a) Introduce himself and explain the reason for making the
contact.

(b) Act in a courteous and restrained manner at all times.

(c) Establish rapport.

(d) Avoid gruffness, officious attitudes or requests that sound


like commands.

(e) Phrase requests using optional words such as "may" "would


you mind," or similar terms and phrases.

(f) Keep the duration of the contact as brief as possible.

(g) Do not create a physical or other barrier to the citizen's


ability to leave, such as keeping a driver's license or by
creating a physically imposing and intimidating presence.

(4) If the citizens ask whether they must respond to questions or


must remain in the officer's presence, they shall be informed that

15
they need not answer any question and are free to leave at
anytime.

(5) Where citizens refuse or cease to cooperate during a contact, they


must be permitted to leave.

(6) Refusal of the citizen to cooperate with the officer, for example,
through silence (e.g., not answering questions), by a refusal to
provide personal identification, or to account for his or her
presence in public place, cannot be used as the basis for turning
the "contact" into a "stop" for purposes of spot check/accosting
and/or pat-down searches.

RULE 16
SPOT CHECKS /ACCOSTING AND PAT-DOWN SEARCHES

Section 1. Scope and Purpose. Spot checks/accosting and pat-


down searches are police interactions with citizens where reasonable
suspicion/probable cause is present which would justify infringement on the
privacy and travel rights of citizens. For the purpose of preventing and
investigating criminal activity and/or ensuring the safety of concerned police
officers and others, while at the same time minimizing the inconvenience and
infringement of privacy/travel rights of citizens, this Rule sets forth the limitations
of and parameters for the authority, and allowable conduct, practices and
procedures of police officers when conducting spot checks/accosting, and pat-
down searches of citizens.

Section 2. Definition of Terms. The following terms are hereunder


defined as follows:

(a) Spot Check/Accosting. -The brief stopping of an individual, whether


on foot or in a vehicle, based on reasonable suspicion/probable
cause, for the purpose of determining the individual's identity and
resolving the officer's suspicion concerning criminal activity.

(b) Pat-down Search. - A "frisk" or external feeling of the outer


garments of an individual for weapons only.

(c) Reasonable Suspicion/Probable Cause. - Facts that, within totality of


the circumstances, lead an officer to reasonably suspect, or to have
probable cause to believe, that criminal activity has been, is being,
or is about to be committed.

Section 3. Grounds for Spot Check/Accosting. A police officer


may stop individuals for the purpose of conducting a spot check/accosting only
where reasonable suspicion/probable cause is present. Reasonable
suspicion/probable cause must be more than just a hunch or feeling. In justifying
the stop, the officer must be able to point to specific facts that, when taken
together with rational inferences, reasonably warrant the stop.

Such facts include, but are not limited to, the following:

16
(a) The appearance or demeanor of an individual suggests that he or she
is part of a criminal enterprise or is engaged in a criminal act.

(b) The actions of the suspect suggest that he or she is engaged in a


criminal activity.

(c) The hour of day or night is inappropriate for the suspect's presence in
the area.

(d) The suspect's presence in a neighborhood or location is inappropriate.

(e) The suspect is carrying a suspicious object.

(f) The suspect's clothing bulges in a manner that suggests he or she is


carrying a weapon.

(g) The suspect is located in proximate time and place to an alleged


crime.

(h) The officer has knowledge of the suspect's prior criminal record or
involvement in criminal activity.

(j) The individual flees at the sight of a police officer.

Section 4. Procedures for Spot Checks/Accosting. The following


guidelines shall be followed when making an authorized spot check/accosting:

(a) When approaching the suspect, the officer shall clearly identify
himself as a police officer, if not in uniform, by announcing his identity
and displaying official identification card and/or badge.

(b) Officers shall be courteous at all times during the contact but
maintain caution and vigilance for furtive movements to retrieve
weapons, conceal or discard contraband, or other suspicious actions.

(c) Before approaching more than one suspect, individual officers should
determine whether the circumstances warrant a request for back up
assistance and whether the spot check/accosting can and should be
delayed until such assistance arrives.

(d) Officers shall confine their questions to those concerning the


suspect's identity place of residence, and other inquiries necessary to
resolve the officer's suspicions. However, in no instance shall an
officer hold a suspect longer than is reasonably necessary to make
these limited inquiries and resolve suspicions.

(e) Officers are not required to give suspects Miranda warnings unless
the person is placed under arrest.

(f) Suspects are not required, nor can they be compelled, to answer any
questions posed during spot checks/accosting. Failure to respond to
an officer's inquiries is not, in and of itself, sufficient grounds to make
an arrest although it may provide sufficient justification for additional
observation and investigation.

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Section 5. Grounds for Pat-Down Searches. - A police officer has
the right to perform a pat-down search of the outer garments of a suspect for
weapons, if (1) the suspects has been legitimately stopped with reasonable
suspicion and only (2) when the officer has reason to believe that the suspect
possesses weapons on his or her person and poses a threat to the officer's or
another person's safety. Not every spot check/accosting poses sufficient
justification for conducting a pat-down search. The following are some
criteria/factors that may form the basis for establishing justification for performing
a pat-down search:

(a) The type of crime suspected-particularly crimes of violence where


the use of threat of deadly weapons is involved.

(b) Where more than one suspect must be handled by a single officer.

(c) The hour of the day and the location or neighborhood where the
stop takes place.

(d) Prior knowledge of the suspect's use of force and/or propensity to


carry deadly weapons.

(e) The appearance and demeanor of the suspect.

(f) Visual indications suggesting that the suspect is carrying a firearm or


other deadly weapon.

(g) The age and gender of the suspect. Whenever possible, pat-down
searches should be performed by officers of the same sex.

Officer should take note that these criteria/factors are not all inclusive;
there are others that could or should be considered. The existence of more than
one of these criteria /factors may be required in order to justify a pat-down
search, the more, the better.

Section 6. Procedures for Pat-Down Search. - When reasonable


suspicion/probable cause justifies a pat down search, the search should be
performed with due caution, restraint, and sensitivity. These searches may only be
performed to protect the safety of officers and others, and may never be used as
pretext for shaking down individuals or groups of individuals to obtain evidence or
for other purposes. Pat down searches should be conducted in the following
manner:

(a) Whenever possible, pat-down searches should be conducted by at


least two (2) officers, one who performs the searches while the other
provides protective cover.

(b) Because pat-down searches are cursory in nature, they should be


performed with the suspect in a standing position or with hands
placed against a stationary object and feet spread apart. Should an
officer visually observe a weapon, however, a more secure search
position may be used as the prone position.

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(c) In a pat-down search, officers are permitted only to feel the outer
clothing of the suspect. Officers may not place their hands in pockets
unless they feel an object that could reasonably be a weapon, such as
a firearm, knife, club, or other item.

(d) If the suspect is carrying an object such as handbag, suitcase,


briefcase, sack, or other item that may conceal a weapon, the officer
should not open the item but instead place it out of the suspect's
reach.

(e) If the external feeling of the suspect's clothing fails to disclose


evidence of a weapon, no further search may be made. If the item is a
weapon, the possession of which is a crime, the officer may make an
arrest of the suspect and complete a full-custody search of the
suspect.

Section 7. Reporting after the Spot Check/Accosting or Pat-down


Search. - If after conducting a spot check/accosting or pat down search, the
officer has no basis for making an arrest, the officer should record the facts of
such spot check/accosting or pat down search and forward a report to the
appropriate authority. If the spot check/accosting or pat down search justifies an
arrest, Section 6 of Rule 16 on Warrantless Arrest shall be followed by the
concerned police officer.

RULE 17
ARREST

All arrests should be made only on the basis of a valid Warrant of Arrest
issued by a competent authority, except in cases where warrantless arrests are
allowed under Section 6 of this Rule.

Arrest is the actual restraint of the person to be arrested or by his/her


submission to the custody of the person making the arrest. No violence or
unnecessary force shall be used in making an arrest, and the person to be
arrested shall not be subjected to any greater restraint than is necessary for his
detention.

Section 1. Time of Arrest. Arrests may be made on any day at


any time of the day or night.

Section 2. Modes of Arrest. - An arrest may be made by virtue of a


warrant of arrest, or without a warrant as hereinafter provided.

Section 3. Execution of Warrant. - The head of the office to whom


the warrant of arrest has been delivered for execution shall cause the warrant to
be executed within ten (10) days from receipt thereof. Within ten (10) days after
the expiration of such period, the officer to whom it was assigned for execution,
shall make a report to the judge who issued the warrant and, in case of his failure
to execute the same, shall state the reasons therefore. (Appendices of Forms
Form 2)

Section 4. Duties of the Arresting Officer

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(a) It shall be duty of the officer executing the warrant to arrest the
accused without unnecessary delay and deliver him to the nearest
police station or jail for the recording of the fact of the arrest of the
accused.

(b) At the time of the arrest, with or without warrant, it shall be the duty
of the arresting officer to inform the person arrested of the reason for
the arrest, in the dialect or language known to him, except when
he/she flees or forcibly resists before the officer has the opportunity to
so inform him/her or when the giving of such information will imperil
the arrest. The officer need not have the warrant in his possession at
the time of the arrest but after the arrest, if the person arrested so
requires, the warrant shall be shown to him/her as soon as
practicable.

(c) The person arrested, with or without warrant, shall be informed of his
constitutional right to remain silent and that any statement he might
make could be used against him. He shall have the right to
communicate with his lawyer or his immediate family. It shall be the
responsibility of the arresting officer to see to it that this is
accomplished.

(d) A person arrested without a warrant shall be immediately brought to


the proper police station for investigation without unnecessary delay,
and within the time prescribed in Article 125 of the Revised Penal
Code, as amended (i.e., 12, 18, or 36 hours, as the case may be),
shall be subjected to inquest proceedings under Section 7, Rule 112 of
the Rules on Criminal Procedure.

(e) No torture, force, violence, threat, intimidation, or any other means


which vitiate the free will shall be used against an arrested person.
The bringing of arrested persons to secret detention places, solitary
confinement (incommunicado) or other forms of detention is
prohibited.

(f) If the person arrested without a warrant waives his/her right under
the provisions of Art 125 of the Revised Penal Code, the arresting
officer shall ensure he/she shall sign a waiver of detention in the
presence of his counsel of choice. (Appendices of Forms Form 3).

(g) If the person arrested waives his/her right to be informed of his/her


right to remain silent and to counsel and opts to give his/her
statement, the arresting officer shall ensure that the waiver shall be
made in writing and signed by the person arrested in the presence of
a counsel of his/her own choice or a competent and independent
counsel provided by the government.

Section 5. Authority Given to the Arresting Officer in Making an


Arrest

(a) Officer may summon assistance. An officer making a lawful


arrest may orally summon as many persons as he deems necessary to

20
assist him/her in effecting the arrest. Every person so summoned by
an officer shall assist him/her in effecting the arrest, when he/she can
render such assistance without detriment to himself.

(b) Right of officer to break into building or enclosure. An officer


in order to make an arrest either by virtue of a warrant, or when
authorized to make such arrest for an offense without a warrant, may
break into building or enclosure where the person to be arrested is or
is reasonably believed to be, if he/she is refused admittance thereto,
after he/she has announced his/her authority and purpose.

(c) Right to break out from building or enclosure. Whenever an


officer has entered the building or enclosure to make an arrest, he/she
may break out therefrom when necessary to liberate himself/herself.

(d) Arrest after escape or rescue. If a person lawfully arrested


escapes or is rescued, any person may immediately pursue to retake
him/her without a warrant at anytime and in any place within the
Philippines.

Section 6. Arrest Without a Warrant; When Lawful. - A peace


officer or a private person may, without a warrant, arrest a person:

(a) When, in his/her presence, the person to be arrested has committed,


is actually committing, or is attempting to commit an offense;

(b) When an offense has just been committed and he/she has probable
cause to believe, based on personal knowledge of facts or
circumstances, that the person to be arrested has committed it; and

(c) When the person to be arrested is a prisoner who has escaped from a
penal establishment or place where he/she is serving final judgment or
temporarily confined while his/her case is pending, or has escaped
while being transferred from one confinement to another.

In essence, Sec. 5, par. (a), Rule 113 (Rules of criminal Procedure)


requires that the accused be caught in flagrante delicto or caught immediately
after the consummation of the act.

On the other hand, Sec. 5, par (b), Rule 113, necessitate two (2) stringent
requirements before a warrantless arrests can be effected: (1) an offense has just
been committed; and (2) the person making the arrest has personal knowledge of
facts indicating that the person to be arrested had committed it. Hence, there
must be a large measure of immediacy between the time the offense was
committed and the time of the arrest, and if there was an appreciable lapse of
time between the arrest and the commission of the crime, a warrant of arrest
must be secured. Aside from the sense of immediacy, it is also mandatory that the
person making the arrest must have personal knowledge of certain facts
indicating that the person to be taken into custody has committed the crime
(People vs. Del Rosario, 305 SCRA 740).

Upon the other hand, the arrest of a suspect without a warrant for being a
member of the NPA, an outlawed subversive organization is justified as it can be
said that he was committing an offense when arrested. The crimes of rebellion,

21
subversion, conspiracy or proposal to commit such crimes and crimes or offenses
committed in furtherance thereof or in connection therewith constitute direct
assaults against the State and are in the nature of continuing crimes (Umil vs.
Ramos, 187 SCRA 311 [1990]).

Section 7. Medical Examination of Arrested Person/Suspect

(a) In cases where the arrested person obviously requires medical


attention, he/she shall be subjected to medical examination and
treatment by a medico legal officer or any government physician prior
to investigation;

(b) Arrest made not falling under paragraph (a), medical examination of
the arrested person shall be undertaken by a medico legal officer or
any government physician after the investigation;

(c) Medical examination by a medico legal officer or any government


physician is mandatory in every transfer of custody of arrested person.

Section 8. Record Check. - The investigating officer shall conduct a


record check of the arrested person to determine the possibility that he/she is
wanted for other crimes than that for which he/she was arrested.

RULE 18
SEARCHES AND SEIZURES

Section 1. Search Warrant Defined. - It is an order in writing issued


in the name of the People of the Philippines, signed by a judge and directed to a
peace officer, commanding him/her to search for personal property described
therein and bring it before the court.

Section 2. Requisites for issuance of Search Warrant. - A search


warrant shall be issued only upon probable cause in connection with one specific
offense to be determined personally by the judge after examination under oath or
affirmation of the complainant and the witnesses he/she may produce, and
particularly describing the place to be searched and the things to be seized.

The following properties may be the objects of a search warrant:

(a) Properties which are the subject of the offense;


(b) Stolen, embezzled proceeds, or fruits of the offense;
(c) Objects including weapons, equipment, and other items used or
intended to be used as the means of committing an offense;

Objects that are illegal per se, even if not particularly described in the
search warrant, may be seized under the plain view doctrine as referred to under
Section 8 of this Rule.

Section 3. Applications for Search Warrant. - All applications for


Search Warrant shall be approved for filing by the chief of office. (Appendices of
Forms Form 4). The application shall indicate the following data:

22
(a) Office applying for the Search Warrant;
(b) Name of officer-applicant;
(c) Name of the subject, if known;
(d) Address/place(s) to be searched;
(e) Specific statement of things/articles to be seized; and

(f) Sketch of the place to be searched.

All approved applications shall be recorded in a log book, duly maintained


for the purpose, indicating the name of the applicant, name of the respondent,
nature of the offense, and date of the application.

Section 4. Authority Given to Officers in the Conduct of Search. -


In the conduct of search, if after giving notice of his/her purpose and authority,
the officer is refused admittance to the place of search, he/she may break open
any outer or inner door or window or any part of a house or anything therein to
execute the warrant or liberate himself/herself or any person lawfully aiding
him/her when unlawfully detained therein.

Section 5. Prohibited Acts in the Conduct of Search by Virtue of


a Search Warrant

(a) Houses, rooms, or other premises shall not be searched except in the
presence of the lawful occupant thereof or any member of his/her
family or in the absence of the latter, in the presence of two (2)
witnesses of sufficient age and discretion residing in the same locality.

(b) Lawful personal properties, papers, and other valuables not specifically
indicated or particularly described in the search warrant shall not be
taken.

Section 6. Validity of Search Warrant. - The search warrant shall be


valid for ten (10) days from date of issuance and shall be served at day time
within the said period, unless there is a direction therein that it may be served at
any time of the day or night. Thereafter, it shall be void.

If in the implementation of the search warrant, its object or purpose


cannot be accomplished in one day, the search can be continued the following
day, or days, until completed provided it is still within the ten (10) day validity
period of the search warrant. (Mustang Lumber vs CA 71 SCAD 166)

If the object or purpose of the search warrant cannot be accomplished


within the ten (10) day validity period, the responsible officer conducting the
search must file, before the issuing court, an application for the extension of the
validity period of said search warrant.

Section 7. Receipt for the Property Seized. - The officer seizing


property under the warrant shall issue a detailed receipt of property seized to the
lawful occupant of the premises, or in the absence of such occupant, shall, in the
presence of at least two (2) witnesses of sufficient age and discretion residing in
the same locality, leave a receipt in the place in which he/she found the seized

23
property and a duplicate copy thereof with any barangay official having
jurisdiction over the place searched. (Appendces of Forms Form 5)

Section 8. Valid Warrantless Searches and Seizures

(1) Search made incidental to a valid arrest .- A person lawfully


arrested may be searched for dangerous weapons or anything which
may be used or constitute proof in the commission of an offense
without a search warrant (Section 13, Rule 126 of the Rules of Court).
The warrantless search and seizure as an incident to a lawful arrest
may extend beyond the person of the one arrested to include the
premises or surroundings under his immediate control ( People vs.
Hindoy, G.R. No.132662, May 10, 2002).

(2) Search of moving vehicles. - The U.S. Supreme Court in the case
of Carroll v. United States, 267 U.S. 132, 153 (1925) says: " the
guaranty of freedom from unreasonable searches and seizures is
construed as recognizing a necessary difference between a search of a
dwelling, house or other structure in respect of which a search
warrant may readily be obtained and a search of a ship, motorboat,
wagon, or automobile for contraband goods, where it is not
practicable to secure a warrant, because the vehicle can be quickly
moved out of the locality or jurisdiction in which the warrant must be
sought."

When a vehicle is stopped and subjected to an extensive search, it


would be constitutionally permissible only if the officers conducting the
search had reasonable or probable cause to believe, before the
search, that either the motorist is a law offender or they will find the
instrumentality or evidence pertaining to a crime in the vehicle to be
searched (People vs Libnao, GR No. 136860, Jan 20, 2003).

(3) Seizure of goods concealed to avoid customs duties . - Persons


exercising police authorities under the customs laws may effect search
and seizure without a search warrant in the enforcement of custom
laws (Papa vs. Mayo, 22 SCRA 857). A search, seizure and arrest may
be made even without a warrant for purposes of enforcing customs
and tariff laws (Rieta vs. People, 436 SCRA 273 [2004]).

(4) Seizure of evidence in plain view. - The U.S Supreme Court in the
case of Harris v. United States, 390 U. S. 234, 236 (1968) says that
any object "falling in the plain view are subject to seizure and may be
introduced as evidence.

The requirements of Plain View Doctrine are:

(a) The law enforcement officer must have prior justification for
an intrusion (i.e., he/she is not a trespasser) or, otherwise,
must be in a position from which he can view a particular
area;

24
(b) The discovery of the evidence in plain view is inadvertent
(discovery by chance).

(c) It is immediately apparent to the officer that the item he


observes (i.e., open to the naked eye and hand) may be
evidence of a crime, contraband, or is otherwise subject to
seizure (People vs Doria 102 SCAD 542, People vs Sarap
March 26, 2003, People vs Alfonso 219 SCRA 102).

(5) When there is waiver of the right or there is consented


search. To constitute a waiver of this constitutional right, it must
appear, first that the right exists; secondly, that the person involved
had knowledge, either actual or constructive, of the existence of such
right; lastly, that said person had an actual intention to relinquish the
right[ De Gracia v. Locsin, 65 Phil. 689, 694 (1938) ]. Thus, where the
accused has voluntarily surrendered his gun, he cannot claim illegality
of the seizure (People v. Agbot L-376541, July 31, 1981).

(6) Searches Under Stop and Frisk Rule. The designation of the
right of a police officer to stop a citizen on the street, interrogate him,
and pat him/her for weapons whenever he/she observes unusual
conduct which leads him to conclude that a criminal activity may be
afoot. (Manalili vs. CA, GR No. 113447, October 7, 1997 citing Terry
vs. Ohio).

(7) Emergency and Exigent Circumstances. In cases of exigent and


emergency situation (e.g. Coup detat) and the police operatives has
reasonable ground to believe that a crime was being committed, and
they had no opportunity to apply for a search warrant from the courts
because the latter were closed, under such urgency and exigency, a
search warrant could be validly dispensed with (People vs De Gracia
233 SCRA 716).

(8) Searches by Private Persons. The constitutional protection


against unreasonable searches and seizures refers to the immunity of
ones person from interference by government. It cannot be extended
to act committed by private individuals so as to bring it within the
ambit of alleged unlawful intrusion by the government. Where the
contraband articles are identified without a trespass on the part of the
arresting officer, there is not a search that is prohibited by the
constitution. The Bill of Rights embodied in the Constitution is not
meant to be invoked against act of private individuals, it is directed
only against the government and its agencies tasked with the
enforcement of the law (People vs. Marti, 193 SCRA 57; Waterous
Drug Corp. vs. NLRC, 280 SCRA 735).

RULE 19
CRIME SCENE RESPONSE

Section 1. Definition. - Crime scene response involves particular police


procedures not limited to: first responders responsibility in the protection and
preservation of the crime scene, identification and assistance to injured persons,

25
recording of names and location of hospital where they will be evacuated, call for
other emergency assistance; the case investigators general crime investigation
responsibility to determine cause or motive of the crime, identification and
interview of witnesses, and possible arrest of suspects; and the crime laboratorys
scene of the crime operation, for the search, recognition, collection, handling,
preservation, and documentation of physical evidences that will support the
successful prosecution of the case.

However, in areas where no Scene of the Crime Operative (SOCO) team


would be readily available, the Investigator should assume the responsibilities of
the scene of the crime operatives.

Section 2. Duties of the First Responder. Any police officer who


first arrives at the crime scene shall protect and secure the same as follows:

(a) Cause the immediate evacuation of injured person/s to the nearest


hospital;

(b) Cordon off the crime scene with whatever available materials like
ropes, straws, human barricade, police line;

(c) Prepare to take the "dying declaration" of severely injured person, if


any;

Requisites of a Dying Declaration are:

(i) That death is imminent and the declarant is conscious of that


fact;

(ii) That the declaration refers to the cause and surrounding


circumstances of such death;

(iii) That the declaration relates to facts which the victim is


competent to testify to; and

(iv) That the declaration is offered in a case wherein the


declarants death is the subject of the inquiry (Section 37,
Rule 130 of the Rules of Court). (Appendices of Forms Form
6)

(d) Prevent entry/exit of persons within the cordoned area;

(e) Having preserved the crime scene, it is his duty to jot down names of
possible witnesses or suspects;

(f) Prepare to brief the police investigators of the situation upon their
arrival; and

(g) The first responder shall not leave the crime scene unless proper turn
over to the police investigator or SOCO.

Section 3. Duties of the Police Investigator-on-Case.-

26
(a) Receipt of Briefing and Designation of Command Post.- The
police investigator-on-case upon arrival at the crime scene receives
the briefing from the first responder and shall immediately designate a
command post adjacent to the scene where the evidence custodian
(member of SOCO team) stays and receives the pieces of evidence
turned over to him/her for safekeeping by the other evidence
collectors.

(b) Arrest of Suspect/s. - Upon arrival at the crime scene, the


investigator shall endeavor to arrest suspect/s if still at the crime
scene or if the first responder failed to arrest the suspect/s. The
suspect/s shall be secured and shall be separated from the other
witnesses.

(c) Initiation of Preliminary Survey. - The police investigator-on-


case makes a general assessment of the scene, takes a cautious walk-
through of the crime scene, takes down extensive notes to document
important factors, and establishes the evidence most likely to be
encountered. He/she shall confer with the SOCO team leader in
defining the extent of the search area, determining the personnel and
equipment needed, and making specific assignments. The team leader
shall develop a general theory of the crime out of the joint
assessment.

(d) Conduct of Interview. - While the crime scene is being processed,


the police investigator-on-case, using the valuable information given
to him/her by the first responder, shall look for witnesses, immediately
conduct interview, and jot down important facts for future reference.

(e) Preparation of Narrative Report. - The police investigator-on-


case shall use a systematic approach in making a narrative report. No
item is too insignificant to record if it catches one's attention.

(f) Release of the Crime Scene. - The release of the crime scene
shall be done if the police investigator is satisfied that all pieces of
evidence have been recovered. Thus, the police investigator-on-case
must evaluate the items recovered from the results of interrogation of
the suspect/s and the interview of the witnesses.

Section 4. Duties of the SOCO Team

(a) Documentation of the Crime Scene. - The photographer begins


taking photographs as soon as possible. The evidence collectors do
not touch or move any evidence once it is located until it has been
identified, measured, recorded and photographed. Sketches
supplement the photographs. The best tool in documenting the crime
scene is the use of video camera.

(b) Crime Scene Sketches. - A rough sketch is prepared indicating


the actual measurement of things with scale and proportion observed
and oriented to the North Pole. All necessary information are placed in
the sketch.

27
(c) Detailed Search. - The search for physical evidence is done using
the accepted methods of search depending upon the actual location to
be searched.

(d) Collection of Physical Evidence. - The SOCO team leader is always


informed of significant evidence located. The evidence collector shall
put his/her initial, location, and date of collection on the item and turn
it over to the evidence custodian for documentation and safekeeping.

In cases where the evidence encountered needs special processing


due to significant or sensational cases, the Scene of the Crime
Operation (SOCO) specialists of the Crime Laboratory shall be
requested.

(e) Conduct of Final Survey. - The SOCO team leader makes a final
review of the crime scene to determine whether or not the
processing has been completed. In such case, he/she shall formally
turn over the crime scene to the police investigator- on-case.

Section 5. Duties of the Territorial Police Unit.

(a) Provide assistance in the evacuation of the injured persons to the


nearest hospital.
(b) Control the crowd at the crime scene.
(c) Direct the flow of traffic away from the crime scene so as not to
destroy and contaminate vital evidence; and

(d) Conduct hot pursuit and/or blocking/ check point operations to


arrest suspect/s.

RULE 20
CUSTODIAL INVESTIGATION

Section 1. Custodial Investigation. - Custodial investigation shall


refer to the stage where the investigation conducted by law enforcers is no longer
a general inquiry into an unsolved crime and has begun to focus on a particular
suspect who had been taken into custody by law enforcement officers who carry
out a process of interrogation that tends itself to eliciting incriminating statements.
It shall also refer to instances when suspect is taken into custody or otherwise
deprived of his/her freedom of action in any significant manner. Custodial
investigation shall also include any questioning or probe involving a person
"invited" by a law enforcement officer in connection with an offense he/she is
suspected to have committed (Republic Act No. 7438).

Section 2. Duties of the Police During Custodial Investigation. - All


PNP members shall observe the following duties during custodial investigation :

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(a) The arresting officer, or the investigator, as the case may be, shall
ensure that a person arrested, detained or under custodial
investigation shall, at all times, be assisted by counsel, preferably of
his own choice.

(b) The arresting, detaining, or investigating officer, as the case may be,
must inform the person arrested, detained or under custodial
investigation of the following rights in a language known to and
understood by him/her, to wit :

(i) That he has the right to remain silent;

(ii) That if he/she waives his/her rights to remain silent, anything


he/she says can be used in evidence against him/her in court;

(iii) That he/she has the right to counsel of his/her own choice;

(iv) That, if he/she cannot afford one, he/she shall be provided


with an independent and competent counsel; and

(v) That he/she has the right to be informed of such rights.

(c) If the person arrested, detained, or under custodial investigation


opted to give a sworn statement, the arresting, detaining or the
investigating officer, as the case, must reduce it in writing.
(Appendices of Forms Form 7)

(d) The arresting officer or the investigator must ensure that before the
sworn statement is signed, or thumbmarked, if there is inability to
read and to write, the same shall be read and adequately explained to
such person arrested, detained or under custodial investigation by his
counsel of choice, or by the assisting counsel provided to him, in the
language or dialect known to him.

(e) The arresting officer, or the investigator, as the case may be, must
ensure that any extrajudicial confession made by a person arrested,
detained or under custodial investigation shall be :

(i) in writing; and

(ii) signed by such person in the presence of his/her counsel; or

(iii) in the latters absence, upon a valid waiver, and in the presence
of any of the parents, elder brothers and sisters, his spouse, the
municipal mayor, the municipal judge, district school supervisor,
or priest or minister of the gospel as chose by him;

Failure of the arresting/detaining officer, or the investigator, to


observe the above mentioned procedures shall render such extrajudicial
confession inadmissible as evidence in any proceedings.

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(f) The arresting/detaining officer, or the investigator, as the case may
be, must under established regulations, allow the person arrested,
detained, or under custodial investigation visits by or conferences with
any member of his immediate family, any medical doctor, priest, or
religious minister chosen by him/her or by any member of his/her
immediate family or by his/her counsel, or by any national NGO duly
accredited by the CHR or by any international NGO duly accredited by
the Office of the President. His immediate family shall include his or
her spouse, parent or child, brother or sister, grandparent or
grandchild, uncle or aunt, nephew or niece, guardian or ward and
fianc or fiance.

Section 3. Detention

The following are the procedures to be followed in detaining a person


incidental to a lawful arrest:

I. Definition of Terms:

(a) Detention - a restraint of personal liberty or deprivation of


freedom of action in any significant manner. A person is placed
under temporary physical restraint or control of the PNP for the
purpose of binding him/her to answer for the commission of the
offence; ensuring his safety and preventing his/her escape.

(b) Detainee/Detention Prisoner - it refers to a person arrested due


to the commission of a crime/offence by the arresting unit for
custodial investigation. It likewise includes person arrested for
crimes which are heinous in nature, against National security and
high profile crimes.

(c) Detention / Custodial Center - an institution secured by the PNP


Police Units for the purpose of providing short term custody of
detention prisoner thereby affording his/her safety and
preventing escape while awaiting the courts disposition of the
case or transfer to appropriate penal institution.

(d) Detaining Officer - a Police Commission Officer (PCO) or Police


Non-Commission Officer (PNCO) so designated to be directly
responsible for the administration and management of the
detention facility and the detainees housed therein.

(e) Security Officer - a properly trained and cleared officer whose


appointment is covered by appropriate orders with the
concurrence of the Directorate for Intelligence and possesses the
following qualifications: (1) Cleared in accordance with provision
of PNPR 2001-012 dated 29 June 1991, for access to the highest
classified material his/her offense is authorized to handle; (2)
Possess a certificate of training in a regular Security Course or its
equivalent In-Service Training Security Course with PO1
patterned after an approved Security Training Course; (3) Be

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conversant with the provisions of PNPR 202-012 and all other
publications pertinent to the duties and responsibilities of a
security officer.

(f) Immediate Family Members - shall refer to the detainees spouse,


parent or child, brother or sister, grandparent or grandchild,
uncle or aunt, nephew or niece, guardian or ward, and fianc or
fiance.

(g) Conjugal Visit - shall refer to the visit of the spouse of the
detainee for the purpose of fulfilling marital obligation (Sexual
communication).

II. Policies and Procedures in the Admission, Visitation and


Release of Detainees

(a) Admission

The following can be detained/admitted in the PNP


Detention/Custodial Center:

(i) Any person arrested due to the commission of a crime or crimes;

(ii) Arrested suspects when covered by a Commitment Order; or

(iii) Suspects arrested who are under custodial investigation.


However, under no circumstances the arrested suspects
under custodial investigation be held in the detention center
beyond the prescribed reglementary period unless, while in
custody, appropriate charges have been filed and commitment
order has been issued by the court concerned.

(b) Requirements for Admission

Prior to the admission of arrested suspects, the following mandatory


requirements shall be submitted to the Chief, Detention/Custodial Center.

(a) Request for Custody of the Arresting unit or the Commitment


Order from the Court;

(b) Proof of medical examination or medical certificate of the detainee


to be provided by the arresting unit requiring for custody;

(c) Case folder of the detainee containing the accomplished booking


sheet for the arrested suspects and the information filed with the
prosecutors office; and

(d) Proof that the suspect was informed of his constitutional rights as
provided under RA 7438 prior to his detention. (Form 7)

(c) Visitation

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Any person arrested and detained at the PNP Detention/Custodial
Center shall be allowed visits by or conferences with any members of
his/her immediate family, or any medical doctor or priest or religious
minister chosen by him/her or by any member of his immediate family or
by his/her counsel, or by any national non-government organization
duly accredited by the Commission of Human Rights or by any international
non-governmental organization duly accredited by the Office of the
President, subject to the following conditions:

(1) The Chief, Detention/Custodial Center or his/her duly


authorized representative is authorized to apportion the number
of visitors per detainee at any given time as the space of the
visitors area may allow;

(2) With respect to detainees family members, public and or


pertinent document must be presented to prove their
relationship with the detainee;

(3) Visitors wearing clothes with the same color of the detainees
uniform shall be advised to wear other color;

(4) The Custodial Center, being not a formal penal institution with
complete amenities but a temporary facility for arrested
suspects, shall not allow conjugal visit for detention prisoners;

(5) Counsel of the accused has the right to visit the latter at any
date and any time of the day subject to the existing security
rules and regulation of the center; and

(6) No camera, video equipment, cellular phone and similar devices


are allowed inside the visiting area.

(d) Release

The Chief of Office shall be the approving authority in releasing


detention prisoner.

Upon receipt of the release order from the court, the Chief,
Detention/Custodial Center shall personally coordinate with the issuing
court to ascertain the validity thereof.

Upon confirmation, the Chief, Detention/Custodial Center must


coordinate with the arresting unit through personnel liaison if there are
objections to the release. If so, the arresting unit will make a written
manifestation containing thereof its objections, otherwise, the Chief,
Detention/Custodial Center will proceed to the succeeding procedures in
releasing detainees;

The Chief, Detention/Custodial center must likewise check with the


Directorate for Investigation and Detective Management (DIDM) arrest and
warrant registry to determine if the detainee to be released has other
pending warrants of arrest;

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When that all documents are legally in order, the Chief,
Detention/Custodial center shall prepare the memorandum addressed to
the Chief of Office for the approval of the release.

If there are valid grounds to sustain further detention, the Chief of


Office in coordination with the arresting unit will prepare appropriate
MANIFESTATION to the court containing therein the ground/s therefore.

Prior to the official release of detainee, the Chief,


Detention/Custodial Center must bring the detainee to the Office of the PNP
Health Service or Rural Health Unit for medical examination, which shall
form part of the records/case folder of the subject detainee.

The Chief, Detention/Custodial Center shall be responsible to the


custody of all the properties seized from the detainee as a precautionary
measure of his/her detention and shall release the same to the detainee
immediately upon his/her proper discharge from detention.

(e) Segregation of Detainees:

As much as possible, detainees must be segregated according to


gender and classification of crimes committed.

Section 4. Transporting Detention Prisoner

(a) If transported by jeep, the subject must be seated in the right rear set
and one PNP escort personnel shall sit at the rear on the left side
facing the subject. Secure hands of subject under his knees.

(b) If transported by sedan, subject must be seated on the left rear seat
and the PNP escort personnel shall sit on the right rear seat. Hands of
the subject should be secured under his/her knees.

(c) In no case should a Detention Prisoner be transported using public


utility land vehicles that are not exclusively rented for the purpose.

(d) In no case shall a high-risk Detention Prisoner be transported without


proper escort and restraining devices.

(e) Female and juvenile delinquent detainees shall not be transported in


handcuffs, but only with necessary restraint and proper escort,
preferably aided by female personnel.

(f) In no case shall a Detention Prisoner be allowed out of the Detention


Cell without the proper personnel escort.

(g) Transport and escort of Detention Prisoner shall be limited only from
the detention cell to the proper court for inquest or hearing or to
nearest Hospital or Clinic in case of the mandatory medical
examination prior to detention or during actual medical emergency or
in court-permitted transport.

(h) In no case shall a Detention Prisoner be allowed travel and escort


outside the detention cell to places devoted for recreation, worship,

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entertainment meals and dining and others of similar and analogous
description, unless upon lawful orders of the court.

(i) Detention Prisoner shall as much as possible be transported in


detention prisoner uniform or proper attire that may identify him/her
as a detention prisoner.

Section 5. Monitoring of Cases. - An investigator's job does not end


upon the filing of the case with the prosecutor's office or court. It is imperative
that the case be continuously monitored up to its final resolution.

Section 6. Media Presentation/Press Conference. Presentation of


arrested persons before the media or the conduct of press conference in
connection with such arrest shall be done only on the following instances:

(a) When the arrest is by virtue of a valid warrant;

(b) When the arrest is made "in flagrante delecto" or caught in the act
and the crime committed is heinous. In short, arrested persons for
minor crimes (e.g: theft, vagrancy, malicious mischief, etc) even if
caught in the act may not be presented before the media;

(c) In cases of warrantless arrests under item (b), presentation before the
media of arrested persons under this category shall be done only after
such arrested persons shall have been inquested and that probable
cause shall have been established by the investigating prosecutor or
judge, as the case may be; and

(d) When the arrest is incidental to the service of a valid search warrant
issued by a competent court.

RULE 21
INQUEST PROCEDURES

Section 1. Inquest Proceedings. - It is the informal and summary


investigation conducted by a public prosecutor (called the inquest prosecutor) in
criminal cases involving a person arrested, without ( the benefit of) a warrant
issued by the court, and thereafter detained, for the purpose of determining
whether or not the warrantless arrest is valid, said arrested person should remain
under custody, and be correspondingly charged in court.

Where the detained person does not opt for a preliminary investigation, or
otherwise refuses to execute the required waiver, the investigator shall proceed
with the inquest by submitting the arrested person before the inquest prosecutor
to include sworn statement(s) or affidavit(s) of the complainant(s), and his/her
witness(es), if any, and other supporting evidence.

Section 2. Commencement of Inquest. - The inquest proceedings is


deemed commenced upon receipt by the inquest prosecutor from the law
enforcement authorities of the referral documents which shall include the
following:

(a) Affidavit of Arrest;

34
(b) Statement(s) of the complainant(s);
(c) Affidavit(s) of the witness(es) if any; and
(d) Other supporting evidence gathered by law enforcement authorities in
the course of their investigation of the criminal incident involving the
arrested person.

The affidavit of arrest, statement(s) of the complainant(s), and the


affidavit(s) of the witnesses(es), if any, must be subscribed and sworn to before
the inquest prosecutor, as far as practicable, by the arresting officers, the
complainants, and the affiants.

Section 3. Documents to be Submitted. - The investigator shall


ensure that, as far as practicable, the following documents shall be presented
during the inquest proceedings of the following cases, to wit:

(a) Murder, Homicide and Parricide


(Articles 246, 248 & 249 Revised Penal Code)

(1) Certified true/machine copy of the


certificate of death of the victim; and

(2) Necropsy Report and the certificate


of Post-Mortem Examination, if readily available

(b) Frustrated or Attempted Homicide,


Murder, Parricide, and Physical Injuries

(1) Medical Certificate of the complaining witness showing the


nature or extent of the injury;

(2) Certification or statement as to the duration of the treatment or


medical attendance; and

(3) Certificate or statement as to duration of incapacity for work.

(c) Violations of the Comprehensive (Dangerous Drugs Act 0f


2002 ( R.A. No. 9165)

(1) Chemistry Report or Certificate of Laboratory Examination duly


signed by the forensic chemist or other duly authorized officer;

(2) Machine copy or photograph of the buy-bust money;

(3) Affidavit of Poseur-Buyer/Arresting officer; and

(4) Photograph of the confiscated items.

(d) Theft and Robbery, Violation of the Anti-Piracy Law, Anti-


Highway Robbery Law (P.D. No.532), and Violation of the
Anti-Fencing Law (P.D. No.1612)

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(1) List/Inventory of the articles and items subject of the offense;
and

(2) Statement of their respective value

(e) Rape, Seduction, and Forcible Abduction with Rape


Cases(Articles 266, 337 & 342 Revised Penal Code)

(1) Medico-Legal Report (Living Case Report), if the victim


submitted herself for medical or physical examination

(f) Violation of the Anti-Carnapping Law (R.A. No. 6539)

(1) Machine copy of the certificate of motor vehicle registration;

(2) Machine copy of the current official receipt of payment of the


registration fees of the subject motor vehicle; and

(3) Other evidence of ownership

(g) Violation of the Anti-Cattle Rustling Law (P.D. No. 533)

(1) Machine copy of the cattle certificate of registration; and

(2) Picture of the cattle, if readily available

(h) Violation of Anti-Illegal Gambling Law (P.D. No. 1602 and


R.A. No. 9287)

(1) Gambling paraphernalia;

(2) Cash money, if any

(i) Illegal Possession of Firearms and Explosives (P.D. No.


1866, as amended by R. A. No. 8294)

(1) Chemistry Report duly signed by the forensic chemist; and


(2) Photograph of the explosives, if readily available
(3) Certification from the Firearms and Explosives Office,
Civil Security Group, PNP

(j) Violation of the Fisheries Law (P.D. No. 704)

(1) Photograph of the confiscated fish, if readily available; and

(2) Certification of the Bureau of Fisheries and Aquatic Resource


(3) Paraphernalia and equipments used in illegal fishing.

(k) Violation of the Forestry Law (P.D. No. 705)

(1) Scale sheets containing the volume and species of the forest
products confiscated, number of pieces and other important
details such as estimated value of the products confiscated;

36
(2) Certification of the Department of Environment and Natural
Resources/Bureau of Forest Management; and
(3) Seizure Receipt

Section 4. Presence of Arrested Person. - The presence of the


arrested person, who is under custody, shall be ensured during the inquest
proceedings except under the following circumstances :

(a) If he/she is in a hospital;


(b) If he/she is detained in a place under maximum security;
(c) If production of the detained person will involve maximum
security risk; or
(d) If the presence of the detained person is not feasible by reason
of age, health, sex, and other similar circumstances.

PART IV
SPECIAL PROCEDURES

RULE 22
RULES ON LABOR DISPUTES, STRIKES AND LOCKOUTS

Section 1. Applicable Legal Parameters. - The pertinent provisions


of the Public Assembly Act of 1985 (Batas Pambansa Blg 880), the Labor Code of
the Philippines, as amended, and other applicable laws, shall be observed during
rallies, strikes, demonstrations or other public assemblies. Accordingly, police
officers shall, at all times, exercise maximum tolerance. In case of unlawful
aggression, only reasonable force may be employed to prevent or repeal it. The
tear gas and water cannons shall be employed only when all peaceful means have
been exhausted and under the control and supervision of the Ground Commander.
No arrest of any leader, organizer, or participant shall be made during the public
assembly, unless he violates any pertinent law as evidence warrants.

Section 2. General Policy

(a) The involvement of PNP personnel during strikes, lockouts and labor
disputes in general shall be limited to the maintenance of peace and
order, enforcement of laws, and implementation of legal orders of the
duly constituted authorities.

(b) Whenever the assistance of the PNP is necessary, elements of the


local police force should be called upon to render assistance. Such
request for assistance shall be addressed to the Regional Director,
National Capital Regional Police Office or the Police Regional Offices.
Unless directed by the President or personally requested by the
Chairman of the National Police Commission upon consultation with
the Secretary of Labor and Employment or when requested by the

37
latter, personnel from the Armed Forces of the Philippines (AFP) shall
not intervene nor be utilized in any labor dispute related activity.

(c) Insofar as practicable, no officer of the law shall be allowed to render


services in connection with a strike or lockout if there is question or
complaint as regards his relationship by affinity or consanguinity to
any official/leader of the parties in the controversy or if he has
financial or pecuniary interest therein.

(d) A peace-keeping detail shall be established in the strike or lockout


area when requested by the Department of Labor and Employment
(DOLE) or as the Police Regional Director, City Police Office/Provincial
Director, may deem necessary for the purpose of maintaining peace
and order in the area.

(e) Personnel detailed as peace-keeping force in strike or lockout areas


shall be in uniform, with proper nameplates at all times. They shall
exercise maximum tolerance and shall observe courtesy and strict
neutrality in their dealing with both parties in the controversy, bearing
in mind that the parties to the labor dispute are not their adversaries
but their partners in the quest for industrial peace and human dignity.
As much as possible, they shall not inflict any physical harm upon
strikers and/or picketers or any person involved in the strike/lockout.
When called for by the situation or when all other peaceful and non-
violent means have been exhausted, police officers may employ as a
last resort only such means as may be necessary and reasonable to
prevent or repeal an aggression.

Section 3. Peace-keeping Detail. - The peace-keeping detail shall


not be stationed in the picket (or confrontation line) but should be stationed such
that their presence may deter the commission of criminal acts or any untoward
incident from either side. The members of the peace-keeping detail shall stay
outside a 50-meter radius from the picket line. In cases wherein the 50-meter
radius includes a public thoroughfare, they may station themselves in such public
thoroughfare for the purpose of insuring the free flow of traffic.

Section 4. Service of Lawful Orders or Writs. -The service of


DOLE or court orders or writs is the primary concern of the DOLE representative,
sheriff, and representative of the government agency issuing the order or writs.
The role of the PNP, AFP, and Bureau of Fire Protection (BFP) is only supportive.
Only when specifically stated and requested in the order or writ shall the PNP
enforce such orders or writs, subject to the provisions of paragraph (b) of Section
2 hereof.

Section 5. Prohibited Labor Activities. - No personnel of the PNP


shall:

(a) Bring in, introduce or escort, in any manner, any individual who
seeks to replace strikers in entering or leaving the premises or a
strike area; or
(b) Work in place of the strikers.

Section 6. Additional Instructions

38
(a) Except as provided in these Rules, the matter of determining
whether a strike, picket or lockout is legal or not should be left to
DOLE and its appropriate agencies. Thus, PNP personnel are
prohibited from interfering in a strike, picket or lockout, except as
herein provided, for the sole reason the activity is illegal.

(b) No personal escort shall be provided to any of the parties to the


controversy unless so directed by the Regional Director.
Whenever escorts are to be provided to any, the other party shall
be informed accordingly. All escorts shall be in uniform at all
times.

(c) During the period of a strike/lockout, the police personnel


concerned are discouraged from socializing with any of the
parties involved in the controversy. These personnel shall not,
under any pretext, accept an invitation from management
personnel or union official/personnel involved in the controversy.

(d) Liaison shall be established and maintained with the


representatives of DOLE, management and the union in the
strike/lockout area for the purpose of maintaining peace and
order, as well as to maintain a continuing peaceful dialogue
between the parties to the strike/lockout. If possible, a monthly
meeting between the representatives of the PNP, NAPOLCOM,
DOLE and concerned sectors shall be conducted to assess and
monitor compliance with and implementation of these Rules.

RULE 23
DEMOLITION ORDERS, INJUNCTIONS,
AND OTHER SIMILAR ORDERS

Section 1. Role of the PNP in the Enforcement of a Demolition


Order. -

(a) Police assistance in the enforcement or implementation of a


demolition or injunction order shall be granted only upon a written
request of the Sheriff or authorized representative and accompanied
by a valid order issued by a competent court and/or with written
permission from the Presidential Commission for Urban Poor(PCUP)
pursuant to E. O. 152, dated December 2, 2002. Moreover, said
police assistance shall be coordinated and cleared with the concerned
mayor before its enforcement.

(b) The duties of PNP personnel in any demolition activity shall be limited
to the maintenance of peace and order, protection of life and
property, enforcement of laws and legal orders of duly constituted
authorities, and to perform specific functions prescribed by law.

(c) Police activities or assistance shall be allowed only under any of the
following circumstances:

39
1. In pursuance of any court order specifying police action
or assistance;

2. In any case or event where voluntary dismantling of


structures has been agreed upon in writing by the parties
concerned and approved by the PCUP, or where police
assistance shall be necessary to preserve peace and
order;

3. In cases of local infrastructure projects, provided, that


the duly authorized official of the PCUP at the regional or
local level has approved the same in writing;

4. In cases of national infrastructure projects, provided


however, that the PCUP Central Office has approved the
same in writing.

(d) PNP personnel tasked to provide police assistance shall be in proper


uniform and shall be led by an officer during the actual and legal
relocation phase. They shall be limited only to occupying the first
line of law enforcement and civil disturbance control; shall not
participate in the physical dismantling of any structure subject of
eviction or demolition; and shall refrain from the use of unnecessary
and unreasonable force.

(e) As much as possible, avail of exhaustive peaceful negotiation with


both parties, maintaining a neutral stance with maximum tolerance or
patience for both sides.

Section 2. Procedures in Providing Assistance During


Enforcement of a Demolition Order.

(a) PNP personnel should be informed of the prevailing situation, their


tasks, strict observance of Human Rights, and the appropriate
provisions of the Manual of Operations.

(b) All police assistance rendered shall be officer-led, if possible by the


Chief of Police, who has jurisdiction over the area and who should be
present during the demolition activity.

(c) Police assistance shall be rendered only to the affected parties.

(d) All personnel involved shall be in complete uniform and shall desist
from the use of any violence or any actuation that may harm, harass,
or terrorize the affected parties.

(e) The mode of participation shall be strictly to maintain peace and


order during the entire demolition activity, ensuring the protection of
all parties from harm and injury.

(f) The deployment of tear gas and water cannon shall be applied only
as a last resort, when all other peaceful and non-violent means have
been exhausted, and shall be made under proper advice and
command of a responsible or superior police officer.

40
(g) All arrests made during the operation shall be investigated by the
Station which has jurisdiction over the area.

(h) The Unit or Station concerned shall render situation reports every two
(2) hours during the demolition operation followed by a written report
after a demolition activity, for reference of higher Police Offices.

Section 3. Role of the PNP in the Implementation of Other Court


orders and processes.-

a) Police assistance in the implementation of court orders and processes


shall be provided only upon an order issued by a court or written
request of the Sheriff indicating that there was failure to implement
due to resistance, violence and similar instances relative to the
implementation or service thereof.

b) The duties of PNP personnel in any implementation of court orders


and processes shall be limited to the maintenance of peace and order,
protection of life and property, enforcement of laws and legal orders
of duly constituted authorities, and to perform specific functions
prescribed by law.

c) PNP personnel tasked to provide police assistance shall be in proper


uniform during the actual implementation of court orders and
processes.

RULE 24
RALLIES AND DEMONSTRATIONS

Section 1. Applicable Laws and Jurisprudence. - Batas Pambansa


Blg. 880 and the ruling of the Supreme Court in the case of Bayan vs. Ermita,
G.R. No. 169838 dated April 25, 2006 and other applicable laws shall be
observed during rallies and demonstrations to ensure the free exercise by the
people of their constitutional right to peaceful assembly.

Section 2. Policies.-

(a) The PNP adheres to the Code of Conduct for Law Enforcement
Officials adopted by the General Assembly of the United Nations which
requires law enforcement officials to respect and protect human
dignity, maintain and uphold the human rights of all persons, and limit
the use of force to situations where it is strictly necessary and to the
extent required for the performance of their duty.

(b) Public assemblies held in freedom parks or in private properties need


no permit for such purpose. No public assembly with a permit or one
held in a freedom park or private property shall be dispersed for as
long as it remains peaceful and no incident of violence occurs that
would require the PNP to exercise its authority.

(c) The PNP shall provide police assistance only when requested by the
leaders or organizers thereof to maintain peace and order or to ensure

41
the safety and well being of those in attendance in public assemblies
held in freedom parks or in private properties.

(d) A public assembly held in a public place must have a permit from the
mayor of the city or municipality exercising jurisdiction over the place
where the public assembly shall be conducted.

(e) A public assembly held with or without a permit may be peacefully


dispersed. A public assembly with a permit maybe dispersed if held in
violation of the terms and conditions of the permit. In both cases,
before conducting any dispersal operation, the PNP shall coordinate
with the concerned organizers and leaders of the public assembly.

(f) Lightning or abrupt demonstrations or rallies in areas where public


assembly is prohibited may also be dispersed peacefully. However,
should any of the participants refuse to disperse voluntarily or violate
any law or ordinance during an unauthorized public assembly, same
may be taken into police custody and charged accordingly within the
reglementary period as provided for in Article 125 of the Revised
Penal Code.

(g) Unit commanders shall observe utmost vigilance in maintaining peace


and order and ensure public safety in areas where public assemblies
are held, including staging points, or any other place where marches,
parades, demonstrations, processions, or any form of mass
movements shall pass on the way to the site where a program will be
held. It shall be the responsibility of the Unit Commander/Chief of
Police to determine whether a permit has been issued for the public
assembly and that no law or ordinance has been violated on the
occasion thereof.

(h) Close coordination with the mayor or his representative of the city or
municipality where the public assembly is being held should always
be maintained especially when a permit has not been issued but an
application has been filed prior to the holding of the public assembly.

(i) In the conduct of dispersal operations, the members of the PNP


contingent shall avoid unnecessary use of force that would cause
injury or harm to any participant in a public assembly. The doctrine of
self-defense or defense of stranger shall be strictly adhered to. The
organizers or leaders of a public assembly, or any participants thereof
who shall commit any illegal act, violate any law or ordinance, shall be
arrested and brought to the nearest police station for the filing of the
appropriate criminal complaint within the prescribed period.

Section 3. Definition of Terms:

(a) Public assembly - means any rally, demonstration, march, parade,


procession or any other form of mass or concerted action held in a
public place for the purpose of presenting a lawful cause; or
expressing an opinion to the general public on any particular issue; or
protesting or influencing any state of affairs whether political,
economic or social; or petitioning the government for redress of
grievances.

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(b) Public place - shall include any highway, boulevard, avenue, road,
street, bridge or other thoroughfare, park, plaza, square, and/or any
open space of public ownership where the people are allowed access.

(c) Freedom park - shall mean the venue or place established or


designated by local government units within their respective
jurisdictions where a public assembly could be held without securing
any permit for such purpose from the local government unit
concerned. If no freedom park was designated by the local
government unit within its jurisdiction, all public parks and plazas of
the municipality or city concerned shall in effect be deemed freedom
parks and no prior permit of whatever kind shall be required to hold
an assemble therein.

(d) Maximum tolerance - means the highest degree of restraint that the
police and other peace keeping authorities shall observe during a
public assembly or in the dispersal of the same.

Section 4. Permit when required and when not required. - A


written permit shall be required for any person or persons to organize and hold a
public assembly in a public place. However, no permit shall be required if the
public assembly shall be done or made in a freedom park duly established by law
or ordinance, in which case the only requirement will be written notices to the
police and the mayors office to allow proper coordination and orderly activities, or
in private property with the consent of the owner or the one entitled to its legal
possession is required, or in the campus of a government-owned and operated
educational institution which shall be subject to the rules and regulations of said
educational institution. Political meetings or rallies held during any election
campaign period as provided for by law are not covered by this Act.

Section 5. Non-interference by law enforcement authorities.- Law


enforcement agencies shall not interfere with the holding of a public assembly.
However, to adequately ensure public safety, a law enforcement contingent under
the command of a responsible police officer may be detailed and stationed in a
place at least one hundred (100) meter away from the area of activity ready to
maintain peace and order at all times.

Section 6. Police assistance when requested. - It shall be


imperative for the PNP, when its assistance is requested by the leaders or
organizers, to perform their duties always mindful that their responsibility to
provide proper protection to those exercising their right peaceably to assemble
and the freedom of expression is primordial. Towards this end, the PNP personnel
shall observe the following guidelines:

(a) Members of the police contingent who deal with the demonstrators
shall be in complete uniform with their nameplates and units to which
they belong displayed prominently on the front and dorsal parts of
their uniform and must observe the policy of " maximum tolerance" as
herein defined;

(b) The members of the police contingent shall not carry any kind of
firearms but may be equipped with baton or riot sticks, shields, crash

43
helmets with visor, gas masks, boots or ankle high shoes with shin
guards;

(c) Tear gas, smoke grenades, water cannons, or any similar anti-riot
device shall not be used unless the public assembly is attended by
actual violence or serious threats of violence, or deliberate destruction
of property.

Section 7. Dispersal of public assembly with permit. - No public


assembly with a permit shall be dispersed. However, when an assembly becomes
violent, the police may disperse such public assembly as follows:

(a) At the first sign of impending violence, the ranking officer of the law
enforcement contingent shall call the attention of the leaders of the
public assembly and ask the latter to prevent any possible
disturbance;

(b) If actual violence starts to a point where stones/rocks or other harmful


objects from the participants are thrown at the police or at the non-
participants, or at any property causing damage to such property, the
ranking officer of the law enforcement contingent shall audibly warn
the participants that if the disturbance persists, the public assembly
will be dispersed;

(c) If the violence or disturbances prevailing as stated in the preceding


subparagraph should not stop or abate, the ranking officer of the law
enforcement contingent shall audibly issue a warning to the
participants of the public assembly, and after allowing a reasonable
period of time to lapse, shall immediately order it to forthwith
disperse;

(d) No arrest of any leader, organizer or participant shall also be made


during the public assembly unless he violates during the assembly a
law, statute, or ordinance. Such arrest shall be governed by Article
125 of the Revised Penal Code, as amended, and Rule 15 of this
Manual of Operations;

(e) Isolated acts or incidents of disorder or breach of the peace during the
public assembly shall not constitute a ground for dispersal.

Section 8. Dispersal of Public Assembly Without Permit.- When


the public assembly is held without a permit where a permit is required, the said
public assembly may be peacefully dispersed. However, when the rallyists can
show the police an application duly filed on a given date can, after two (2) days
from said date and the mayor did not act on the said applications, rally in
accordance with their application without the need to show a permit, the grant of
the permit being then presumed under the law, it shall be the burden of the
authorities to show that there has been a proper denial of the application, in
which case, the rally may be peacefully dispersed following the procedure of
maximum tolerance prescribed by law.

Section 9. Prohibited acts.- It shall be prohibited for a police officer to


commit any of the following during peaceful assembly:

44
(a) Obstructing, impeding, disrupting or otherwise denying the exercise of
the right to peaceful assembly;
(b) The unnecessary firing of firearms by a member of any law
enforcement agency or any person to disperse the public assembly;
(c) Acts in violation of Section 5 hereof;
(d) Acts described hereunder if committed within one hundred (100)
meters from the area of activity of the public assembly or on the
occasion thereof:

(i) the carrying of a deadly or offensive weapon or device such as


firearm, pillbox, bomb, and the like;

(ii) the carrying of a bladed weapon and the like;

(iii) the malicious burning of any object in the streets or


thoroughfares;

(iv) the carrying of firearms by members of the law enforcement unit;

(v) the interfering with or intentionally disturbing the holding of a


public assembly by the use of a motor vehicle, its horns and loud
sound systems;

(vi) the drinking of liquors or beverages.

Section 10. Police Responses During Public Assembly.- The following


are the police responses during the planning stage, initial and peaceful stage,
confrontational stage, violent stage and post operation stage.

(a) During planning stage (Based on the application for the permit to
hold public assembly or upon receipt of information of planned rally or
demonstration):

(1) Initiate dialogue with the leaders/organizers to ensure the


peaceful holding of a public assembly, including among others,
the detail of police escorts.

(2) Prepare appropriate security and crowd dispersal management


(CDM) contingency plans.

(3) Intensify intelligence gathering to protect the security of the


demonstrators.

(b) During Initial and Peaceful Stage

(1) With Permit or Held in Freedom Parks/Private Place

(a) The PNP shall not interfere with the holding of a public
assembly. However, to adequately ensure public safety, a
CDM contingent appropriate in number, vis--vis the
participants thereof, under the control and supervision of a
PCO shall be stationed at least one hundred (100) meters

45
away from the area where the public assembly is being held
ready to maintain peace and order at all times.

(b) Monitor the activities at the public assembly area and


respond to any request for police assistance.

(2) Without Permit or Permit has been Revoked

(a) As soon as it becomes apparent that a public assembly is


taking place in a public place, the PNP officer exercising
authority in the area shall immediately conduct an inquiry
whether the assembly is covered with a permit or not. If a
permit could not be shown, verification should immediately
be done with the Office of the Mayor having jurisdiction over
the place where the public assembly is being held. Should
the Office of the Mayor confirm that a permit has not been
granted, the leaders/organizers shall be informed of such
fact and that they are violating the law and therefore
required to disperse.

(b) The PNP shall exhaust all peaceful remedies to persuade the
demonstrators to disperse. This may include the
involvement of Local Chief Executives / community leaders
when available to intervene in the situation so that dispersal
operations could be avoided.

(c) Should negotiation fail and the demonstrators do not


disperse voluntarily and peacefully, thereby causing public
inconvenience, and disrupting the flow of vehicular traffic,
and other nuisances, CDM elements may commence
dispersal operations.

(c) During Breach of Peace/Confrontational Stage


(With or without permit)

No public assembly with a permit shall be dispersed. However,


when an assembly becomes violent, the police may disperse such public
assembly as follows:

(1) At the first sign of impending violence, the ranking officer of


the law enforcement contingent shall call the attention of the
leaders of the public assembly and ask the latter to prevent
any possible disturbance. CDM elements shall hold the line to
prevent demonstrators from proceeding to other areas where
the holding of a public assembly is prohibited by law or
ordinance.

(2) If actual violence starts to a point where rocks or other harmful


objects from the participants are thrown at the police or at
the non-participants, or at any property causing damage to
such property, the ranking officer of the law enforcement
contingent shall audibly warn the participants that if the
disturbance persists, the public assembly will be dispersed;

46
(3) If the violence or disturbances prevailing as stated in the
preceding subparagraph should not stop or abate, the ranking
officer of the law enforcement contingent shall audibly issue a
warning to the participants of the public assembly, and after
allowing a reasonable period of time to lapse, shall
immediately order it to forthwith disperse. Use CDM
formations to break the ranks of demonstrators, contain and
isolate them from each other, and prevent them from
regrouping.

(4) Water canons and riot sticks maybe used to repel aggression
and to disperse demonstrators and reserve CDM forces may
be employed as situation warrants.

(5) No arrest of any leader, organizer or participant shall also be


made during the public assembly unless he/she violates
during the assembly a law, statute, or ordinance. Such arrest
shall be governed by Article 125 of the Revised Penal Code,
as amended:

(6) Isolated acts or incidents of disorder or branch of the peace


during the public assembly shall not constitute a group for
dispersal.

(d) During Violent Stage

(1) Non-lethal weapons and equipments may be used to stop


violence, to protect lives and prevent further damage to
properties.

(2) The PNP security personnel shall be tactically deployed to


provide immediate security assistance to the CDM elements

(3) AFP elements maybe employed upon request.

(e) Post Operation Stage

(1) Withdrawal of CDM personnel shall be effected upon return of


normalcy in the area.

(2) Sufficient police force shall be maintained to ensure peace and


order in the area.

(3) Appropriate cases shall be filed in court within the prescribed


period.

Section 11. Guidelines in the Use of Non-Lethal Weapons.-

(a) Truncheons

During the confrontational stage, truncheons may be utilized only


to push back rallyists/demonstrators and not as an instrument to
club/strike individuals. However, when rallyists/demonstrators
become aggressive, truncheons shall be the principal non-lethal

47
weapon for dispersal. In such instances, CDM personnel shall
nonetheless, use the same with caution and due diligence to
avoid unnecessary injury.

(b) Water Canons

May be utilized when rallyists/demonstrators become unruly and


aggressive forcing personnel to fall back to their secondary
positions.

(c) Tear Gas

May be utilized to break up formations or groupings of


rallyists/demonstrators who continue to be aggressive and refuse
to disperse after earlier efforts exerted fail.

Section 12. Additional Instructions

(a) Enforce, among others, the following laws which may be violated
during public assembly, with permit or without, whether in public
places, freedom parks, or private properties:

(1) PD 1866, as amended by RA 8294 (Firearms Laws)

(2) RA 3553 (possession of Arrows)

(3) Articles 282, 286, Revised Penal Code (Grave Threats and Grave
Coercion)

(4) Article 327, Revised Penal Code (Malicious Mischief)

(5) PD 1727 (Declaring Unlawful the Making of any Threat


Concerning Bombs, Explosives, etc.)

(6) Article 142, Revised Penal Code, (Inciting to Sedition)

(7) Article 146, Revised Penal Code (Illegal Assemblies)

(8) Article 148, Revised Penal Code (Direct Assault)

(9) Article 151, Revised Penal Code (Resistance and Disobedience to


Persons in Authority or the Agents of Such Person)

(10) Violation of BP 880 (Public Assembly Act of 1985)

(b) Violator/s maybe arrested even without warrant pursuant to Rule


113 Section 5(a) and (b), Revised Rules on Criminal Procedure.

(c) Refer the appropriate criminal complaint before the Prosecutors Office
within the period mention in Article 125 of the Revised Penal Code

(d) Strictly comply with RA 7438, on the rights of persons arrested,


detained or under custodial investigation.

48
(e) All CDM operations shall be properly documented by video and photo
coverage.

(f) Respect for human rights and equal treatment and protection for every
person shall be strictly observed.

(g) PNP members shall observe maximum tolerance and ignore all kinds of
provocations and ridicule whenever performing CDM operations,
always bearing in mind that heat of passion and other human
emotions are part and parcel of public assemblies. They shall remain
firm but calm and attentive to the instructions of their immediate
superior officer.

RULE 25
CIVIL DISTURBANCE MANAGEMENT OPERATIONS

Section 1. General Guidelines

The PNP units tasked to maintain peace and order shall not interfere with
the holding of public assembly. To ensure public safety, a Civil Disturbance
Management (CDM) contingent under the command of a Police Commissioned
Officer (PCO) with the rank of Police Senior Inspector or higher shall be detailed
and stationed at least 100 meters away from the place where the public assembly
is being held. In the absence of any permit from the LGU concerned, the PCO in
command should exert effort to persuade the demonstrators to disperse
peacefully and vacate the public place. In case of lightning or abrupt rallies or
demonstrations, orderly dispersal should only be resorted to, including the
apprehension of those responsible therefore, in case of resistance after an
exhaustive dialogue for voluntary dispersal has failed.

Section 2. Specific Guidelines.-

(1) When their assistance is requested by the leaders or organizers shall


be imperative for the members of the PNP CDM contingent, to perform
their duties, always mindful that their responsibility to provide proper
protection to those exercising their right to assemble peaceably and
their freedom of expression are primordial. Toward this end, the
members of the PNP CDM contingent who deal with the demonstrators
shall be in complete uniform with their nameplates and units to which
they belong displayed prominently on the front and dorsal parts of
their uniform.

(2) The members of the PNP CDM contingent shall not carry any kind of
firearms but may be equipped with baton or riot sticks, crash helmets
with visor, gas masks, boots or ankle-high shoes with shin guards.

(3) Tear gas, smoke grenades, water cannons, or any similar anti-riot
device shall not be used unless the public assembly is attended by
actual violence or serious threats of violence, or deliberate destruction
of property.

49
(4) In the conduct of CDM operations, the CDM contingent shall be
headed by a Police Commissioned Officer with a rank not lower than
Police Senior Inspector who shall be responsible for the conduct of the
personnel under his supervision and control. PNP members detailed to
perform CDM functions shall be in proper police uniform with the
prescribed CDM equipment, and without any firearm, shall always
observe maximum tolerance and follow orders of the chain of
command. The organization and membership of CDM contingents, as
well as their deployment and employment, shall be in accordance with
existing PNP rules and regulations.

Section 3. CDM Operational Tasks .-

(1) Isolate the area


(2) Secure likely targets
(3) Control crowds
(4) Establish area control
(5) Neutralize special threats

Section 4. CDM Operational Approaches

(1) The commitment of CDM personnel must be viewed as a last resort.


Their role, therefore, should never be greater than is absolutely
necessary, under the particular circumstances which prevail. This
does not mean, however, that the number of police personnel
employed should be minimized. On the contrary, the degree of force
required to control a disturbance is frequently inversely proportionate
to the number of available personnel. Doubts concerning the number
of personnel required, therefore, should normally be resolved in favor
of large numbers since the presence of such large numbers may
prevent the development of situations in which the use of excessive
force is necessary. A large reserve of personnel should be maintained
during civil disturbance operations. The knowledge that a large
reserve force is available builds morale among law enforcement
personnel and contributes toward preventing overreaction to
provocative acts by disorderly persons.

(2) In selecting an operational approach to a civil disturbance situation,


the Commander and his staff must adhere scrupulously to the
minimum necessary force principle, for example, crowd control
formations or riot control agents should not be used if saturation of
area with manpower would suffice.

(3) Every effort should be made to avoid appearing as an alien invading


force and to present the image of a restrained and well-disciplined
force whose sole purpose is to assist in the restoration of law and
order with a minimum loss of life and property and due respect for
those citizens whose involvement may be purely accidental. Further,
while control force personnel should be visible, tactics or force
concentrations, any activity, which might excite rather than calm
should be avoided when possible.

(4) Consistent with the controlling principle that he must use only the
minimum force necessary to accomplish his mission, the Commander

50
arms his personnel with rattan stick, shield, Kevlar helmet and
handcuffs.

RULE 26
ROLE OF THE PNP DURING IMPLEMENTATION OF SUSPENSION,
DISMMISSAL, AND/ OR INSTALLATION ORDERS FOR
LOCAL GOVERNMENT OFFICIALS

Section 1. General Guidelines

The implementors of suspension, dismissal, and/or installation orders for


Local Officials, most often than not, seek police assistance during the actual
implementation to ensure smooth transition of leadership in LOCAL GOVERNMENT
UNIT. This kind of legal process is usually marred with protests or rallies by
political supporters that necessitate police assistance. The PNP role to maintain
peace and order is so broad and complex as there are several factors to consider,
such as: the sentiments and behavior of the rallyists/protesters, and their
weapons, if any; barricades used; representations of various political groups;
presence of militant organizations, civil society groups, and other cause oriented
groups; and others. To effectively perform the above tasks requires flexibility on
the part of the PNP personnel, i.e., their ability to adapt with the situation on the
ground. And every situation varies so does the corresponding action. Thus, the
success of the mission depends on the way the police personnel respond to a
particular situation.

Section 2. - Specific Guidelines

(a) The presence of the PNP personnel in the area


is basically to maintain peace and order provide security to person/s
implementing the order as well as to the concerned political
adversaries, such as the one being replaced and the one being
installed.

(b) It is expected that in this kind of undertaking,


emotions are high. Thus, maximum tolerance in dealing with the
crowd and employment of a minimum force to quell riots or any forms
of disorder should always be observed.

(c) A sufficient number of Civil Disturbance


Management (CDM) units shall be deployed to control the crowd,
although a larger number is preferred in subscription to the show of
force strategy.

(d) PNP armed component shall be utilized only as


a last resort, i.e. in an extreme situation where violent acts are
committed and peoples lives and properties are in danger and the use
of force is absolutely necessary to restore peace and order.

(e) Since the undertaking is political in nature,


PNP personnel shall perform their task with utmost neutrality, setting
aside own personal political inclination or affiliation. Moreover, they
shall not entertain orders or requests from any person or group who
has, in one way or the other, personal interest in the outcome of the

51
said activity. So as not to complicate things more, always bear in
mind that the only legal person who calls the shot in that particular
situation is the one directed by competent authorities to carry out
such order, no more and no less.

(f) Armed police escorts, composed of at least a


seven (7) man team, providing security to the person/group directed
to implement the order and the concerned politicians, shall avoid as
much as possible, a direct confrontation with the unarmed
civilians/local government employees. The CDM personnel shall take
care of the crowd and the former shall be secured by the other group
of armed elements in the area called the security elements, positioned
at least 50 meters away from the crowd.

(g) When the situation necessitates effecting an


arrest under the rule on warrantless arrests (flagrante delicto) as
provided in Section 5, Rule 113 of Rules on Criminal Procedures, avoid
employing unnecessary force that can inflict harm especially to the
already arrested/subdued suspects. Bear in mind that the PNP is a
public Office and as such, personal feelings of its members shall not
supersede their official mandate. In case a PNP member is hurt
during the scuffles with rallyists/protesters, that is part of his job, so in
no way his personal feelings shall compromise the appropriate course
of action to take just to get even. His objectivity must always prevail
over personal motive in making a decision so as not to jeopardize the
good intention and purpose of the undertaking.

Section 3. Officer of Primary Responsibility.-

To point responsibility in the performance of this duty, the police


assistance shall be extended by the following:

(1) The Regional Director(RD), Police Regional Office(PRO)


shall head the PNP personnel if the subject of the order involves the
provincial elected officials. Also, the RD, shall be in charged if the
order involves the elected officials of a City Government.

(2) The Provincial Director shall be in charged if the order


involves the Municipal elected officials.

(3) In Metro Manila, the District Directors are in charged if


the order involves any city or municipal elected officials except in the
cities of Quezon and Manila. In both areas, the RD, NCRPO shall head
the PNP personnel because the District Directors thereof may not be
effective to assume the role since, by operation of law, they are
directly under the operational supervision of their respective Mayors.

(4) The Chief of Police shall head the team if the Order
involves an elected barangay official.

Section 4. Procedure

(a) All actual police assistance or intervention should be based on a


written Order of the Court or request of the Sheriff or the duly

52
designated personnel of the Administrative Body issuing such
suspension, dismissal, and/or installation order for Local Government
Officials, addressed to the PNP personnel with primary responsibility
stated above.

(b) The written request must attach a copy of the decision and a
certification from the issuing Court or Administrative Body that the
said case has become executory. In no case a suspension, dismissal,
and/or installation order for Local Government Officials shall be served
by PNP personnel as the said authority is vested upon the Sheriff of
the Court or the duly designated personnel of the Administrative Body
issuing such Order.

(c) The Head of the PNP team extending assistance in the implementation
of said Order shall render a periodic report during the operation
followed by a written report after the said activity for the information
of higher authorities.

RULE 27
CHECKPOINTS

Section 1. Authority to Establish Checkpoints. - The establishment


of permanent checkpoints must always be authorized by the PNP and manned by
uniformed PNP personnel assigned in the area. Other units directly involved in an
operation may establish mobile checkpoints in coordination with the Commander
of the Unit/Station in the area.

Section 2. - Definition of Terms:

(a) Police Checkpoint a location where the search is conducted which is


duly authorized by the PNP to deter/prevent the commission of crimes,
enforce the law, and for other legitimate purposes.

(b) Dragnet Operation is a police operation purposely to seal off the


probable exit points of fleeing suspects from the crime scene to
prevent their escape.

(c) Search Team - a team designated to conduct search and seizures.

(d) Security Team a team tasked to provide security in the checkpoint


area.

Section 3. Guidelines

(a) Encourage the participation of, but not limited to, the Civil Society
Groups, Non-Governmental Organizations (NGOs), business
organizations, and other civic groups during the conduct of Police
Checkpoints. All civic groups or organizations inclined to participate in
police checkpoints must be duly registered and accredited by the PNP
for such purpose. As much as possible, a conspicuous signage bearing
the name of the participating organization/s and the PNP should be
visibly displayed in the checkpoint site to clear any apprehension from
the public of the existence of the same.

53
(b) The members of NGOs or civil society groups shall be observers only in
the conduct of checkpoint to give police additional eyes and promote
transparency of activities in the area.

(c) Due courtesy must be accorded to the traders, motorists, and the
commuters during the conduct of checkpoint. Inspecting elements
must greet the people subject for inspection and ask apology for the
inconvenience, appeal for understanding and state the reasons of the
operation. A little smile while doing these things spells a big
difference. After the search, a word of gratitude/appreciation for their
cooperation is a must.

(d) Violations/Infractions of the law discovered during the checkpoint


operation shall be expeditiously disposed of pursuant to the
procedures provided in these Rules. Arrested persons must be
apprised of the rights as enunciated in the Miranda Doctrine.

(e) The security of the PNP personnel and most especially of the civilians
participating in the checkpoint operation must be given due
consideration in the planning stage of the operation.

(f) Operating units in the checkpoint should be divided into teams, i.e.,
searching team and security team. Only the security team is allowed
to display high-powered firearms positioned where it can best provide
security to the group including themselves.

(g) Checkpoint personnel must not limit their task in law enforcement and
crime deterrence. They should also be ready to provide police
assistance in the vicinity such as giving the right direction to inquiring
strangers.

(h) The PNP operating units must provide their own logistical and financial
requirements to avoid soliciting support from the civilians for their
personal or operational needs.

(i) Voluntary offers of cash or in kind from the traders/motorist passing the
checkpoint should be absolutely refused because the offer might be
misconstrued as a bribe.

(j) The PNP personnel manning the checkpoint must have a presentable
appearance which, among others, includes: wearing prescribed
uniform with name plate visibly displayed, clean equipment, sporting a
proper haircut, etc. to draw respect not only from the motorist but
also from the civilian partners in the operation. Likewise, the civilian
members must also be in their organizations uniform with their names
conspicuously displayed for identification. In no case, the civilian
components be allowed to bear arms during the checkpoint . When
using flashlight gadget during checkpoint operations, the light shall
not be directly pointed to the face of person inside the car.

(k) The composition of the personnel manning the checkpoint shall be left
to the sound discretion of the PNP unit commander.

54
(l) The accreditation of the civilian groups to join in the conduct of
checkpoint shall be administered at the Regional and Provincial Police
Offices.

(m) In a dragnet operation where there is urgency for police force


deployment and public safety is at risk, the participation of the civilian
component in the checkpoint operation shall not be allowed.

(n) The police and the civilian component must separately submit their
after checkpoint operation report to their respective units or
organization for proper evaluation of the efficacy of the program.

Section 4. Requirements

(a) Mobile checkpoints are authorized only when established in


conjunction with ongoing police operations. Only officially marked
vehicles shall be used in establishing mobile checkpoints.

(b) Checkpoints may be established when there is a need to arrest a


criminal or fugitive from justice.

(c) The conduct of searches, seizures, and arrests in checkpoints shall be


done with civility and with due respect to innocent passers-by,
commuters, or bystanders and be conducted in a manner that is least
inconvenient to the public.

(d) The area where the checkpoints shall be established must be properly
lighted and legible, and clear signs shall be exhibited to show that
searches are being conducted.

(e) Enforcement officers manning the checkpoints shall be in proper


prescribed uniform at all times with their identification cards and
nameplates on. However, in Metro Manila and other major cities,
enforcement officers manning the checkpoints should not be wearing
battle dress uniforms or black fatigues in lieu of the PNP GOA unless
the conduct of checkpoint is a result of a hot pursuit operation.

(f) Personnel manning checkpoints should preferably be led by an Officer


with the rank of at least Police Inspector.

(g) Checkpoint personnel shall not mulct, extort, or harass drivers,


passengers, traders.

Section 5. Procedures to be Followed When Checkpoints are


Ignored. When checkpoints are ignored, the following shall be observed:

(a) In the event that checkpoints/roadblocks are ignored and the


motorists/suspects bump the roadblock in an attempt to elude arrest
or avoid inspection, the team leader shall immediately contact
adjacent units to inform them of the situation and immediately
conduct dragnet operations, while those at the checkpoint shall pursue
the errant fleeing motorist.

55
(b) Warning shots shall not be allowed due to the confusion it may create
for the driver and passengers of the vehicle. Megaphones or police
sirens shall be used instead during the pursuit. The plate number of
the vehicle shall be noted and given to other units in adjacent areas to
prevent the possibility that the vehicle may elude the pursuit
operation.

(c) In the event that the occupants of the vehicle open fire on the
personnel manning the checkpoint, reasonable force to overcome the
suspects aggression may be employed.

Section 6. Limitation of Searches at Checkpoints. Searches made


at check or chokepoints shall be limited to visual search and neither the vehicle
nor the occupants shall be subjected to physical search or require the passengers
to alight from the vehicle. An extensive search may be allowed only if the officers
conducting the search have probable cause to believe that they would find
evidence pertaining to the commission of a crime in the vehicle to be searched
and there is no sufficient time to secure a valid warrant upon which the
passengers shall be required to alight from the vehicle to effect the search.

Section 7. Flagging Down or Accosting Vehicles While in Mobile


Car. This rule is a general concept and does not apply in hot pursuit situations.
The Mobile Car Crew shall undertake the following, when applicable:

(a) Call the headquarters and inform it of the make or type and plate
number of the motor vehicle to be accosted including the number and,
if possible, identity of occupants;

(b) State the reason(s) for flagging down the suspected motor vehicle;

(c) Give mobile car location and direction (heading) before making actual
intervention;

(d) Try to get side-by-side with the suspect and check the occupants
without alarming them of your purpose. You can even overtake them
and wait for them at your chosen location before stopping their
vehicle;

(e) Determine whether the suspects are hostile or not;

(f) Make known to the suspect(s) that you are after them through the
siren or megaphone;

(g) Instruct the driver to pull over or stop on the side of the street;

(h) Park behind the suspects vehicle at appropriate distance and


cautiously approach the vehicle on the drivers side;

(i) If the vehicles windows are heavily tinted and the occupants cannot
be seen, instruct the driver to open all windows to have a clear view
of the interior of the vehicle;

(j) Instruct the driver to turn off the ignition, if this was not done when he
stopped;

56
(k) The other members of the team must be on guard for any eventuality
while the vehicle is being approached;

(l) Talk to the driver in a most courteous manner and inform him/her of
the nature of his/her violation. Demand to see the drivers license,
photocopies of the certificate of registration and the official receipt.
Examine these documents and counter-check the driver on the
information reflected therein;

(m) If it concerns traffic violations, immediately issue a Traffic Violation


Receipt (TVR). Never indulge in prolonged, unnecessary conversation
or argument with the vehicles occupants;

(n) In cases of other violations that require the impounding of the vehicle,
inform the driver regarding this situation and instruct him to follow
you, after issuing the TVR; and

(o) Before moving out, inform the Station regarding the situation/status
and disposition of the person and motor vehicle accosted.

Section 8. Dealing with Hostile Situation. The following are the


procedures to be followed in dealing with hostile drivers:

(a) Stopping Vehicles

(1) Follow the procedure stated from (a) to (c) of Section 7;

(2) Immediately request for back-up;

(3) Follow the suspect and always keep him within visual range;

(4) Expect that the suspect will notice your action at any time.
Be prepared for a car chase or actual hostile confrontation.

(5) If the back-up is already in the vicinity, inform


Station/Headquarters that you are proceeding to accost the
suspect;

(6) Inform the suspects that you are after them through siren or
megaphone and instruct the driver to pull over or stop on the
side of the street;

(7) Park at appropriate distance behind the suspects vehicle;

(8) While the vehicle is being approached, the other members of


the crew and back-up must be on guard for any eventuality.
Overreactions should be avoided;

(9) If the vehicles windows are heavily tinted and the occupants
cannot be seen, instruct the driver to open all windows for a clear
view of the vehicles interior;

57
(10) Direct the driver and other occupants of the vehicle not to make
unnecessary movements and to show their hands outside the
car;

(11) Instruct the driver to turn off the ignition and toss the key to the
ground. Demand to see the Drivers License and photocopies of
the vehicles certificate of registration and the official receipt.
Examine the documents and counter-check the driver on the
information reflected therein; and

(12) If there are other suspects aside from the driver, separate them
from one another.

(b) Fleeing Vehicles

(1) In the event that the motor vehicle did not stop despite the
warning given, inform Station/Headquarters so that roadblocks
can be set-up.

(2) When the vehicle of the suspect is cornered or stopped, instruct


the driver and other occupants in a clear and commanding voice
to follow specifically what you will require of them. Failure on
their part to follow will be construed as a hostile act on their part.
Execute instructions on the use of reasonable force.

(3) Instruct the driver to open his door and to put his foot out of the
vehicle, followed by his hands to be placed on top of the vehicle,
or to move towards you with his hands up.

(4) Instruct other occupants of the vehicle, if any, to come out one
by one, as what the driver has done.

(5) Arrest, handcuff and search the suspects and bring them to
Station/Headquarters for proper disposition.

(6) Before moving out, inform the Station/Headquarters about the


situation, status and disposition of the suspects and motor
vehicle accosted.

RULE 28
HOSTAGE SITUATION

Section 1. Procedures to be Followed in a Hostage Situation. - The


following steps shall be undertaken:

(a) Crisis Management Task Group shall be activated immediately.

(b) Incident scene shall be secured and isolated.

(c) Unauthorized persons shall not be allowed entry and exit to the
incident scene.

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(d) Witnesses names, addresses, and other information shall be recorded.
Witnesses shall be directed to a safe location.

Section 2. Ground Commander. There shall be only one Ground


Commander in the area.

Section 3. Negotiators. Negotiators shall be designated by the


Ground Commander. No one shall be allowed to talk to the hostage-taker without
clearance from the negotiating panel or Ground Commander.

Section 4. Assault Team. - An assault team shall be alerted for


deployment in case the negotiation fails. Members of the assault team shall wear
authorized and easily recognizable uniform during the conduct of the operation.
Bonnets shall not be used.

Section 5. Assault Plan. - The assault shall be planned to ensure


minimal threat to life of all parties.

Section 6. Support Personnel. - An ambulance with medical crew and


a fire truck shall be detailed at the incident area.

Section 7. Coordination. Proper coordination with all participating


elements shall be detailed at the incident area.

Section 8. Safety of Hostage(s). - In negotiating for the release of a


hostage, the safety of the hostage shall always be paramount.

Section 9. Procedures to be Followed during Negotiations. The


following shall be undertaken in the conduct of negotiations:

(a) Stabilize and contain the situation;

(b) Select the right time to make contact with the hostage-taker;

(c) Take time when negotiating;

(d) Allow hostage-taker to speak;

(e) Do not offer the hostage-taker anything. What he will ask for will be
part of the negotiation;

(f) Avoid directing frequent attention to the victim when talking to the
hostage-taker;

(g) Do not call them hostages. Be as honest as possible; avoid tricks; be


sincere;

(h) Never dismiss any request from the hostage-taker as trivial or


unimportant;

(i) Never say NO;

(j) Soften the demands;

59
(k) Never set a deadline; try not to accept a deadline;

(l) Do not make alternate suggestions not agreed upon in the


negotiation;

(m) Do not introduce outsiders (non-law enforcement officers) into the


negotiation process, unless their presence is extremely necessary in
the solution of the crisis; provided that they shall be properly advised
on the DOs and DONTs of hostage negotiations;

(n) Do not allow any exchange of hostages, unless extremely necessary;


in particular, do not exchange a negotiator for a hostage;

(o) Avoid negotiating face-to-face; and

(p) Police officers without proper training shall not be allowed to


participate in hostage negotiations.

RULE 29
INTERNAL SECURITY OPERATIONS

Section 1. General Mandate. The PNP is mandated to undertake


active support to the AFP in internal security operations (ISO) for the suppression
of internal security and other serious threats to national security pursuant to
Executive Order No. 546 dated July 14, 2006.

Section 2. The PNP in an Active Support Role. The PNP shall


perform the following:

(a) Conduct sustained law enforcement actions against Dissident


Terrorists (DTs) atrocities;

(b) Collect intelligence information on DT activities;

(c) In urban areas the PNP shall assume the lead role in ISO against the
Communist Terrorist Movement (CTM) and other organized groups
engaged in armed offensives against the Government;

(d) The PNP units may either operate as a single force or as a part of a
joint AFP-PNP combat operations. In both cases, lateral coordination
is a must;

(e) The PNP units in CT-affected areas maybe placed OPCON to AFP units,
but shall continue to perform law enforcement functions, including its
duties and responsibilities pursuant to Executive Order 493 dated
January 17, 2006 which provides for the creation of Inter-Agency
Legal Action Group (IALAG).

(f) Specific areas where armed confrontation such as encounter between


government forces (AFP or PNP) and the CTs occurs and ambushes,
raids, liquiditions and other atrocities are committed by the CTs,
insurgents and other terrorist groups are committed, shall be treated

60
as a scene of crime. The police unit that has jurisdiction over the areas
shall conduct the scene of crime operation (SOCO).

Section 3. Defensive Position. Police stations, specially those


located in far-flung areas, are favorite targets of attacks. As such, security
measures against DT atrocities must be undertaken as follows:

(a) Continuously remind all personnel to be extra careful and security


conscious in their day-to-day activities and during troop movements;

(b) Vigorously implement added security measures in all police stations


and police kababayan centers, particularly those situated in far-flung
or isolated places which are vulnerable to surprise attacks, raids or
harassment by DTs;

(c) Conduct continuous check and inspection of the operational readiness


of the field units/stations;

(d) Always keep in mind the modus operandi, strategies and tactics being
practiced/employed by the DTs;

(e) Refrain from injecting or deploying personnel/unit in insurgent-affected


areas without first conducting a thorough and sincere threat analysis
or evaluation, including social background of the area/s;

(f) Re-train or re-orient personnel on back-to-basics training on combat


patrols, military/police intelligence, Police Community Relations (PCR)
and the like;

(g) Intensify intelligence-gathering and counter-intelligence operations to


monitor or detect enemy plans and activities;

(h) Intensify the conduct of covert and/or overt operations against DTs
who are acting as ordinary criminals/bandits and extortionists;

(i) Enhance the establishment of Advance Security Control Points (ASCPs)


to control the ingress and egress of people in police stations; and

(j) Exercise continuous vigilance and maintenance of law, order and


public safety in respective area of responsibility (AOR) through the
conduct of intensified police visibility patrols.

RULE 30
BOMB THREAT AND BOMB INCIDENT
EMERGENCY RESPONSE PROCEDURES

Section 1. Bomb .- A bomb can appear obvious or concealed and can


vary in size, shape or sophistication and may not necessarily explode such as in
the case of incendiary and dirty bombs. It may be referred to as Improvised
Explosive Device (IED) or ordnance.

Section 2. Bomb Threat Defined. - Bomb threat is either a written or


verbal threat communicated through electronic means, oral or other means that

61
threatens to place or uses an IED device at a certain time, date, or place against
any specific person or place. The first responder, the police investigator, and the
police detective must remember the following basic facts on bomb threat:

(a) A threat is considered only a threat until something visible is found;

(b) Determined bombers does not frequently give warnings of a possible


explosion/incendiary attack;

(c) Threats are an excellent way to disrupt productivity without actually


risking life, limb and/or property; and

(d) The consequences of conviction for threatening are not necessarily


as serious as those that could result from actual placement/initiation
of a bomb.

Section 3. First Responders Procedures on Bomb Threat. - The


following are the guidelines for first responders during a bomb threat:

(a) Upon receipt of the information:

(1) Treat all threats as serious until proven otherwise;

(2) Determine the exact location of the establishment under threat.

(3) Assess or analyze the threat whether its a


long term or a short term threat.

(4 ) Consider evacuation options such as:

(i) Option 1 - Do Nothing


(ii) Option 2 - Search with partial evacuation
(iii) Option 3 - Search and evacuation
(iv) Option 4 - Evacuate immediately

(5) Alert Explosives Ordinance Demolition Team (EODT) for bomb


search mission for emergency readiness before departure.

(6) Proceed immediately to the scene.

(7) Notify higher headquarters of development.

(b) Upon arrival at the scene:

(1) Confirm the reported bomb threat and notify EODT to be


dispatched to conduct a bomb sweep.

(2) Cause a suspicious device search to be made by first responder


together with persons familiar with the location.

(3) Unless a bomb is found, personnel may not order an evacuation


of the affected area, but may inform the person in-charge of the
property of the need to evacuate.

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(a) Evacuation and assembly point routes must be searched to
ensure that personnel are not unnecessarily exposed to
danger during the evacuation.

(b) Designate a safe assembly area, well away from the


threatened structure, out of line-of-sight of the building and
well clear of windows. A minimum distance of 150 meters is
recommended.

(c) Never assemble personnel in front of or directly below


glassed areas.

(d) Ensure employees and visitors should take personal


belongings to eliminate superfluous suspicious objects and
to reduce the number of items to be checked out.

(e) Select safe and climatically acceptable assembly areas


where evacuees may be able to wait for considerable
periods.

(f) Avoid car parks as assembly areas and be mindful of the car
bomb potential.

(g) Install procedures to ensure that escape routes are clear.


Evacuation routes and assembly areas must be searched
before evacuation.

(h) Install procedures to ensure windows and doors are left


open and lights left on.

(i) Include a procedure for machinery shut-down. This can


include plant and equipment, electronics, computer
equipment, securing files and correspondence.

If a suspected device is located, cause the evacuation of


people in the affected area to a distance of at least 300 meters
away, and maintain security for the protection of life and property.

(a) If a device is located, isolate it.

(b) Do not touch, tamper with or disarm any suspected bomb


or IED.

(c) Report discovery of suspected device.

(d) Do not permit radio transmission with in the


premises/building.

(e) Turn off all electricity and gas units within the
premises/building.

(f) Secure the area and prevent people from approaching.

63
(g) Establish traffic control.

(h) Summon ambulance and fire trucks to the scene.

(i) Await the arrival of bomb disposal team (EODT).

(j) Notify higher headquarters of the situation.

Section 4. Procedures in Conducting Search. - (a) The first


responder must consider the HOT-UP mnemonic during the conduct of the search
Was it Hidden? Obviously a bomb? Typical to its environment? or Has there been
Unauthorized Access? or a Perimeter Breach?

(a) The first responder must remember that the prime objective is to
ensure that search is timely and effective, hence, the method of
search must be planned, systematic, complete, and, if practicable,
rehearsed in advance. The following methods of search must be
assessed:

(1) Supervisory Search. - Discretely undertaken by supervisory


staff without alerting staff to the threat. They search their own
areas of responsibility but because the surveyors may be
uncomfortable searching dirty, unpleasant locations, this type is
usually only about 50% 65% effective.

(2) Occupant Search. - Generally, the occupant is best qualified to


search his respective area and should be readily able to access
items that do not belong. This type of search is relatively fast
and efficient. It may avoid privacy problems but it also requires
additional training on the part of the staff who may not agree to
the risk of searching if not adequately equipped. This form of
search is gauged to be 80% 90% effective.

(3) Trained Team Search. - A team may comprise of security, fire,


police, and safety personnel. Regardless of origin, the team
needs formal search technique training and must apply discipline,
logic, and initiative to conduct an effective search. Team search
provides a high level of safety, is thorough, but is slower, and
affects production. The major advantage, however, is that it
produces good results gauged to be over 90% effective.

(b) The following are detailed guidelines in conducting different types of


searches:

(1) Exterior Search. - Ideally, individual teams should be assigned


to search each building in the complex. Where there are
insufficient persons, one exterior search team searches each
building, in sequence. Exterior search is especially important
because it is the exterior that provides the bomber initial access.

(2) Public Area Search. - When an area is accessible to public, it


follows that a bomber has equal access, hence, personnel
assigned to search in public areas must concentrate on locations
that might attract the bombers eye such as reception rooms,

64
foyers, stairs, lift-wells, and toilets which are statistically frequent
target areas. The search should flow systematically upward from
floor to floor.

(3) Vehicle Search Plan. - Car bombs are the most hazardous
devices which can be encountered. The search should start from
the outside, work in, and gradually eliminate potential hazards
logically.

(a) External Search. - Initially it is prudent to consider remote


observation, using binoculars, to note any obvious
suspicious signs. On deciding to clear the vehicle,
concentrate on the area around the vehicle. Be alert to signs
of forced entry or tampering which might suggest placement
of a device in the vehicle. Other tell tale indicators include
unusual minor debris such as pieces of tape, wire, string,
marks on the ground, footprints etc may be cause for
concern too. Locked vehicles can force the bomber to place
a device under the target or to secrete objects in under-
body cavities. Search beneath the vehicle for signs of
dislodgment of dirt from the chassis and panels. Do not over
look disturbance of dirt or grease from the floor pan. Loose
or foreign wiring, particularly 20 24 gauge wire (used as
detonator lead wires), deserves close scrutiny especially on
any exposed lighting and like circuits. Torches and special
purpose mirrors are excellent aids to under-body inspection.
Do not overlook exhaust systems, bumper bars, wheel wells,
and towing accessories. Forgotten areas include steering,
suspension, and drive train voids. Spend time on fuel tank,
radiator, and engine block recesses. Finally be aware of
fingerprints on the bonnet, boot, and hubcaps.

(b) Internal Search. - Once the external search is complete,


and where the vehicle is unlocked or the keys are available
and permission to search is obtained from the owner or
driver, open the vehicle and start the internal search paying
attention to:

(b.1) Floor First check under the seats and mats and
then lift coverings to inspect floor.

(b.2) Seats Investigate arm/headrests, associated


spaces/recesses, magazine holders, and ashtray
apertures.

(b.3) Fittings Check under the dash, in air-


conditioning/heating ducts. Pay attention to lighter,
radio, glove-box. Examine lightings and carefully feel
headlining and trim.

(b.4) Bonnet and Boot Inspect each in detail taking note


of recesses that may house accessories, spare
wheels, tool-kits etc.

65
Section 5. First Responders Procedure in Case of Actual Bomb
Explosion. The following are guidelines for first responders during cases of
actual bomb explosions:

(a) Upon receipt of the report:

(1) Identify exact location of the incident.


(2) Alert EOD teams and direct to proceed to area.
(3) Notify higher headquarters
(4) Request assistance of medical personnel.
(5) Proceed to the scene immediately.

(b) Upon arrival at the scene:

(1) Cause immediate evacuation of the injured.


(2) Direct occupants of the establishment to evacuate.
(3) Maintain order and control crowd.
(4) Notify higher headquarters of the situation.
(5) Seal off location until EODT determines if a secondary device
exists.
(6) Conduct rescue operations at the scene when necessary.
(7) Initiate immediate investigation if investigators have not yet
arrived and determine the following :

(i) Time of detonation/explosion


(ii) Time call/bomb threat was received
(iii)Type of device

(8) Submit incident report immediately


(9) Avoid issuing speculative press releases or statements.

RULE 31
POST BLAST INVESTIGATION

Section 1. Role of the Investigator. - At the time the scene is


determined to involve a bombing, the investigator must address legal
requirements for scene access, search, and evidence seizure. The investigator
must coordinate with the leader of the first responders team to determine what
occurred and to assess the current situation.

Section 2. Procedures for Evaluating the Scene. - Upon arriving at,


and prior to entering the scene, the investigator should:

(a) Introduce himself or herself to the leader of the first responders


team

(b) Talk to the leader and the first responders team members to evaluate
the situation, including safety concerns, and to evaluate the
investigative assistance needed.

(c) Conduct a briefing with essential personnel (e.g., law enforcement,


fire, EMS, hazardous materials, and utility services personnel) to:

66
(1) Evaluate initial scene safety to the extent possible prior to
entry.

(2) Ensure that a search for secondary explosive devices has been
conducted.

(3) Ensure that the scene has been secured, that a perimeter and
staging areas for the investigation have been established, and
that all personnel have been advised of the need to prevent
contamination of the scene.

(4) Ensure that the chain of custody is initiated for evidence that
may have been previously collected.

(d) Assess legal considerations for scene access (e.g., exigent


circumstances, consent, administrative/ criminal search warrants) .

Section 3. Procedures in Ensuring Scene Integrity. - The


investigator must ensure the integrity of the scene by establishing security
perimeters and staging areas, contamination control procedures, and evidence
collection and control measures. Prior to evidence collection, the investigator
should:

(a) Establish procedures to document personnel.


(b) Establish procedures to prevent scene contamination.
(c) Establish and document procedures for evidence collection, control,
and chain of custody.

Section 4. Procedures in Conducting Scene Walk Through. - The


investigator must conduct a walk through to establish scene parameters and
acquire an overview of the incident using the following procedures:

(a) Reevaluate scene requirements. (e.g. boundaries, personnel,


equipment)

(b) Establish an entry and exit path for personnel.

(c) Be alert to safety concerns. (e.g. structural damage, secondary


devices, unconsumed explosive materials, failed utilities, hazardous
materials) and to the location of physical evidence.

(d) Ensure preservation and/or collection of transient evidence.

(e) Attempt to locate the seat(s) of the explosion.

Section 5. Procedures in Securing Required Resources. - Following


the walk through, the investigator should meet with available emergency
responders and other investigative personnel to determine what resources,
equipment, and additional personnel may be needed. During the course of this
meeting, the investigator should:

(a) Assess the nature and scope of the investigation through information
obtained during the walkthrough and from available personnel

67
(b) Advise personnel of any secondary devices or other hazards found at
the scene

(c) Ensure that one list of victims/potential witnesses list is developed


and their accounts of the incident are documented

(d) Ensure that the required evidence collection equipment, as well as


processing and storage facilities are available.

(e) Secure required equipment as determined by the scene conditions,


such as light and heavy equipment, hand tools, specialty equipment,
and personal safety items.

(f) Ensure that sufficient utilities and support services are requested (e.g
electricity, food, trash removal, sanitary services, security services,
and other public services)

(g) Advise emergency responders and the investigation team of their


assignments for scene documentation and processing.

(h) Remind personnel that evidence can take many forms; it is not limited
solely to components of device(s).

Section 6. Procedure in Developing Written Documentation. - The


investigator should prepare a written scene documentation to become permanent
part of his investigation record. The investigator should:

(a) Document who had access to the scene.

(b) Document activities, noting dates and times, associated with the
incident and investigation.

(c) Describe the overall scene in writing noting physical and


environmental conditions (e.g. odors, weather, structural conditions).

(d) Diagram and label scene features using sketches, floor plans, and
architectural or engineering drawings.

(e) Describe and document the scene with measuring equipment, which
may include surveying equipment or global positioning system (GPS)
technology.

Section 7. Procedures in Photographing or Videotaping the Scene.


- The investigator must ensure that photographic documentation is included in his
permanent scene record. This documentation should be completed prior to the
removal or disturbance of any items. The investigator should:

(a) Record overall views of the scene (e.g. wide angle, aerial, 360-degree)
to spatially relate items within and to the scene and surrounding area.
(A combination of still photography, videotaping and other techniques
is most effective).

68
(b) Consider muting the audio portion of any video recording unless there
is narration.

(c) Minimize the presence of scene personnel in the photographs/video.

(d) Consider photographing/videotaping the assembled crowd.

(e) Maintain photo and video logs.

Section 8. Procedures in Locating and Interviewing Victims and


Witnesses. - The investigator should obtain victims' and witnesses' identities,
statements, and information concerning their injuries. The investigator should:

(a) Identify and locate witnesses (e.g. victims who may have been
transported, employees, first responders, delivery/service personnel,
neighbors, passers-by) and prioritize interviews.

(b) Attempt to fully identify witnesses and victims prior to their


departure. (e.g. full name, address, date of birth, work and home
telephone numbers)

(c) Establish the relationships between witnesses, victims and the scene.

(d) Establish the basis for the witness knowledge: How does the witness
have knowledge of the incident?

(e) Obtain statements from each witness.

(f) Document thoroughly the victims injuries and correlate victims


locations at the time of the incident with the seat(s) of the
explosion(s).

(g) Interview the medical examiner/coroner and hospital emergency


personnel regarding fatalities and injuries.

Section 9. Guidelines in Assembling the Evidence Processing


Team. - The investigator should ensure an effective organization and composition
of the evidence processing team for the proper collection and preservation of
evidence. The size of the evidence processing team depends on the magnitude of
the scene, but the investigator needs to ensure that the following roles and
expertise are addressed:

(a) Bomb disposal technician.


(b) Evidence custodian.
(c) Forensic specialist.
(d) Logistics specialist.
(e) Medical Examiner
(f) Photographer.
(g) Procurement specialist.
(h) Safety specialist.
(i) Searchers / collectors.

69
(j) Sketch artist.

Section 10. Guidelines in Organizing Evidence Processing. - Good


organization is essential to evidence collection and preservation, hence, the
investigator must continually evaluate the scene, adapt to changes as they occur,
and brief the team.

(a) Before deploying the team, the investigator should review and
reevaluate:

(1) Scene boundaries.


(2) Safety concerns.
(3) Command post/staging locations.
(4) Evidence processing/storage locations.
(5) Personnel and equipment needs.
(6) Legal and administrative issues.

(b) The investigator should also identify the search procedure to be


followed, ensure that transient evidence has been collected, consider
on-site explosives detection by qualified personnel, and brief the team
and review assignments.

Section 11. Guidelines in Ensuring Control Contamination. -


Preventing contamination protects the integrity of the scene and other search
areas, the integrity of the evidence for forensic analyses, and the safety of
personnel, hence, the investigator should ensure that evidence processing
personnel :

(a) Use clean protective outer-garments and equipment as applicable for


each scene.

(b) Consider obtaining control samples, as applicable. (e.g. evidence


containers, swabs of equipment and personnel)

(c) Package collected evidence in a manner that prevents loss,


degradation, or contamination.

(d) Package, store, and transport evidence from different scenes or


searches in separate external containers.

Section 12. Guidelines in Identifying, Collecting, Preserving,


Inventory, Packaging, and Transporting of Evidence - To maximize the
recovery and evaluation of all types of physical evidence, relative to a bomb
incident, the investigator should ensure:

(a) The preparation of an evidence recovery log (see the sample in


appendix A) that documents information such as:

(1) Item number.


(2) Description.
(3) Location found (grid number if used).

70
(4) Collector's name.
(5) Markings (Either directly on the item or indirectly on the
package).
(6) Packaging method.
(7) Miscellaneous comments.

(b) The identification of evidence by:

(1) Assigning personnel to designated search areas.


(2) Initiating scene-specific search pattern(s) and procedures,
including examination of immobile structures for possible
evidence.
(3) Attempting to determine the method of bomb delivery.
(4) Establishing the seat(s) of the explosion(s), if present.
(5) Documenting blast effects.
(6) Examining the crater, vehicles, structures, etc.
(7) Documenting the location(s) of victims prior to and after the
explosion.
(8) Ensuring that victims are examined for bomb component
fragments. Autopsies should include full-body x-rays.

(c) The collection of evidence, including:

(1) Suspected bomb components and fragments, including those


recovered from the victims.
(2) Suspected materials used in the construction and transportation
of the explosive device(s). (e.g. tape, batteries, manuals,
vehicles)
(3) Crater material.
(4) Residues and other trace evidence. (Using swab techniques)
(5) Additional items of evidence. (e.g. blood, hair, fiber, fingerprints,
tire tracks, weapons, documents, tools)
(6) Comparison samples of indigenous materials.

(d) That evidence is:

(1) Photographed.
(2) Packaged and preserved in containers.
(3) Labeled properly. (e.g. date, collectors initials, item number,
location)
(4) Recorded in the evidence recovery log.
(5) Secured in the designated storage location.

(e) The labeling, transportation, and storage of evidence by:

71
(1) Placing evidence from different locations or searches in separate
external containers.
(2) Labeling evidence for storage and shipment, including
identification of hazards.
(3) Arranging for transportation of the evidence.

Section 13. Guidelines in Ensuring that Investigative Steps are


Documented. - To ensure that the permanent record will be complete, the
investigator should review all documentation before releasing the scene. The
investigator should verify that the following have been addressed:

(a) Documentation of major events and time lines related to the incident
(b) Personnel access log
(c) Activity log
(d) Review of interviews and events
(e) Narrative description of the scene
(f) Photo and video logs
(g) Diagrams, sketches, and evidence mapping
(h) Evidence recovery log

Section 14. Guidelines in Ensuring that Scene Processing is


Complete. - The scene may be released only upon conclusion of the on-site
investigation and a thorough evidence collection process. The investigator should
perform a critical review of the scene investigation with all personnel, to include
the following actions:

(a) Discuss with team members, including those not present at the scene,
preliminary scene findings and critical issues that arose during the
incident.

(b) Ensure that all identified evidence is in custody.

(c) Recover and inventory equipment.

(d) Decontaminate equipment and personnel.

(e) Photograph and/or video the final condition of the scene just before it
is released.

(f) Address legal considerations.

(g) Discuss post-scene issues. (e.g. forensic testing, insurance inquiries,


interview results, criminal histories)

(h) Communicate and document post-scene responsibilities.

Section 15. Guidelines Before Releasing the Scene. - The release


of the scene must be documented. The investigator should ensure communication

72
of known scene-related health and safety issues to a receiving authority at the
time of release. Upon releasing the scene, the investigator should:

(a) Address public health and safety issues by performing the following
tasks:

(1) Contacting public utilities.


(2) Evaluating biological and chemical hazards.
(3) Evaluating structural integrity issues.
(4) Assessing environmental issues.

(b) Identify a receiving authority for the scene.

(c) Ensure disclosure of all known health and safety issues to a receiving
authority.

(d) Document the time and date of release, to whom the scene is being
released, and by whom.

Section 16. Submission of Reports to Higher Headquarters. -


Detailed technical information regarding explosive devices should be collected,
integrated, and disseminated to the national headquarters through the Philippine
Bomb Data Center. These data help authorities identify the existence of serial
bombers, the sophistication of explosive devices being used, and the need for
uniform procedures and further development of equipment.

RULE 32
PROTOCOL ON POST BLAST INVESTIGATION FOR
BOMB SQUAD AND SOCO PERSONNEL.

The following are the procedures to be undertaken by the Bomb Squad and
SOCO Personnel during joint post blast investigation:

(a) The Team Leader of the Bomb Squad Unit & SOCO Unit must identify
themselves to the Investigator-on-Case for background information of
the incident.

(b) A Bomb Technician begins clearing the area for possible presence of a
secondary device.

(c) After the crime scene has been cleared for the presence of secondary
device, the photographers of the Bomb Squad Unit & SOCO Unit takes
photographs of the general area from different sides including aerial
photographs (if possible) to show extent of the blast area.
Photographer should also took photographs of the crowds and as well
as the vehicles present in close proximity to the area.

(d) Team Leaders of Bomb Squad & SOCO with photographer, then
conducts an Initial Walk-Through for the following purposes:

(i) To determine safety hazards


(ii) To establish administrative and emotional control

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(iii) To delineate the extent of the search area
(iv) To organize the methods and procedures needed
(v) To determine manpower and equipment needs
(vi) To develop a general theory of the crime
(vii) To determine a path for entry and exit to the blast seat and
immediate area

(e) Team Leaders of Bomb Squad & SOCO shall then establish the
following:

(1) Outer Perimeter

In an open space or exterior blast scene, the outer perimeter is


generally (although not always) established at a point that is
50% greater than the distance between the seat of the explosion
and the farthest piece of evidence identified during the walk
through or preliminary survey. Use appropriate barriers such as
barricades or crime scene tapes.

(2) Secondary Perimeter

The secondary perimeter is established for persons who may


have a legitimate reason for being on the scene but are not
members of the investigative team. This secondary perimeter
may be established approximately three meters outside the outer
perimeter. It must be defined and barricaded separately from the
outer perimeter. The purpose of this area is to allow persons
such as VIPs to feel an importance greater than that of remaining
outside in areas with the general public. The persons referred to
here may include Special security personnel; Political figures;
Other VIPs and News media

(3) News Media Area

News media personnel and equipment should be located inside a


secondary perimeter to assist the PBI team in having some
control over their aggressiveness in obtaining photographs and
news stories. The media location should be in an area that will
provide limited visibility of the crime scene for photographs and
background during broadcasts.

The PBI Public Information Officer (PIO) should be designated to


coordinate efforts with the media. PBI team members should be
instructed to refer all media inquiries to the designated
representative. The PBI Public Information Officer should:

(i) Meet with and coordinate routine planned news conferences


(ii) Coordinate the specific information to be released with all I
involved responders
(iii) Advise media of photographic restrictions as to crime scene
processing, technical equipment, photographs of personnel,
and bomb disposal procedures
(iv) Coordinate a controlled and supervised media walk
through

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(v) Identify potential media coverage that may be of
evidentiary value

(f) Bomb Squad member will establish the inner perimeter around the
Seat of Explosion and 2-3 members should be assigned to process the
area.

Establish an Inner Perimeter around the Seat of the Explosion

The inner perimeter is established to protect the area


immediately surrounding the blast seat or crater area. This area will
typically contain evidence of explosive residues and components of
the device and/or device container. Investigators should be very
careful to protect this area with the greatest restriction of entry,
admitting only those investigators assigned.

(i) Assign security personnel as required


(ii) Initiate scene entry restrictions
(iii) Initiate a written log of all persons entering or leaving the
scene
(iv) Issue identification tags to necessary personnel
(v) Establish additional designated perimeter areas for crime
scene support

Additional areas may be staging areas for firefighters, rescue


workers, equipment supply stations, temporary morgue sites, or any
other support function relative to the investigation or emergency
response.

Security checkpoints may be established at each of the


designated perimeters, and identification tags may be issued that
restrict individuals to only assigned areas, such as the temporary
morgue site or the logistical supply area, etc.

(g) Bomb Squad personnel to first make the crime scene search for
locating and identifying device fragments. Markers/ Flags are placed
to the located pieces of evidence.

(h) Designated Sketcher of the Bomb Squad begins making the crime
sketch of the scene taking the exact location of the scene using GPS,
maps, etc. and measuring distances by using appropriate
measurement method (triangulation or base line).

(i) SOCO personnel then make their search for other significant of
pieces of evidence. Unit markers are placed to located pieces of
evidence.

(j) Documentation of located pieces of evidence follows next through,


photographing, measuring, marking and labeling.

(k) Collection of evidence by the respective Evidence Technician of the


Bomb Squad Unit & SOCO Unit and logging all collected pieces of
evidence at the Evidence Log Form.

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(l) Team Leaders (Bomb Squad & SOCO) check their respective
members if everything had been done.

(m) Investigators-in-Case and Team Leaders of Bomb Squad & SOCO meet
to review all activities done to assure that all vital information are
collected such as the physical pieces of evidence, photographs/video
documentation, sketches, and interviews from victims and witnesses.

(o) Team Leaders of Bomb Squad Unit & SOCO will make the Final
Survey of the crime scene to make sure that all had been collected
and done.

(q) Turnover of scene to the Investigator-on-case.

RULE 33
TRAFFIC ACCIDENT INVESTIGATION AND
DISPOSITION OF CARNAPPED VEHICLES

Section 1 . Motor Vehicle Accident Investigation (Major Accidents)

A. TRAFFIC ACCIDENT INVESTIGATION

Determine WHAT happened, WHO was involved, WHEN, HOW and WHY
the accident occurred, and WHERE it happened.

(1) What is a Traffic Accident.

It is an occurrence of a sequence of events, which usually produces


unintended injury, death, or property damage.

(2) Motor Vehicle Traffic Accident.

Any motor vehicle accident occurring on a trafficway or the ordinary


collision between automobiles on a street, road or highway.

(3) Motor Vehicle Non-Traffic Accident.

Any motor vehicle accident that occurs entirely at any place other
than a trafficway an automobile accident on a farm or along a
private driveway or thoroughfare.

(4) Non-Motor Vehicle Traffic Accident.

Any accident occurring on a traffic way, involving a person using the


traffic way for travel or transportation, but not involving a motor
vehicle in motion collision between a pedestrian and bicyclist on a
sidewalk, for example.

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(5) Motor Vehicle Accident.

Any event that results in unintended injury or property damage


attributable directly or indirectly to the motion of a motor vehicle or
its load. Included are accidental injury from inhalation of exhaust
gas-fire, explosion, discharge of firearm within the motor vehicle
when due to motion of the vehicle, any collision between a motor
vehicle between a motor vehicle and a railroad train.

Excluded are collisions of motor vehicle with an aircraft or watercraft


in motion, injury or damage due to cataclysm, and injury or damage
while a motor vehicle not under its own power is being loaded from
another conveyance.

(6) Direct Causes of Vehicular Traffic Accidents:

(a) Speed
(b) Driver (attitude or behavior)
(c) Vehicular malfunctions
(d) Road conditions
(e) Road hazards
(f) Perception factors.

(7) Preliminary Actions.

(a) When the officer receives the call:

(i)
When and where the accident occurred.
(ii)
How serious were the injuries.
(iii)
Need for ambulance and other equipment.
(iv)
Name and address of the person reporting. He may be an
important witness.
(v) Who witnessed the accident?
(vi) Is there a traffic block?
(vii) Arrange for help, if needed e.g., fire trucks, etc.

(b) Drive safely in going to the accident scene. Be alert for cars
leaving the scene. It might turn out to be a hit-and-run case.

(8) Duty of a Police Officer in Time of Traffic Accident.

(a) Protect life and property.

(i) Render whatever aid is necessary to the injured


persons.
(ii) Take steps to prevent further destruction (like fire
and other hazards).
(iii) Place warning devices in both directions.
(iv) Park the police car safely.
(v) Get all the names or persons present, in case of
loss of property belonging to the injured or dead, you
may need these persons to protect the good name of the
PNP.

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(b) Protect the accident scene.
(i) Prevent physical evidence from being lost or destroyed.
(ii) Photographs should be taken before the physical
evidence is removed.
(iii) First things first. Location and position can be marked
off first and measurements taken later.

(c) Protect other properties.

(d) Determine the cause of the accident.

(i) Determine why it had occurred.


(ii) Determine the time and date of the accident.
(iii) Examine the physical evidence.
(iv) Reconcile conflicting situations.
(v) Determine the conclusion derived from physical
evidence.
(vi) Identify evidence regarding the behavior of individual
drivers.
(vii) Determine the responsibility of BOTH drivers.

(e) Locate drivers and witnesses.

(i) Get drivers licenses.


(ii) Get the names and other details concerning persons
who might have witnessed the accident. Start with
the ones who appear to know something of the
accident.
(iii) If the drivers are at the scene of the accident, make it
a point to separate them.

(f) Interview drivers and witnesses.

(i) Conduct each interview separately.


(ii) Do not make conclusions as to responsibility in the
presence of drivers and witnesses.
(iii) Be alert on switches between driver and passenger.

(g) Take measurements, and make diagrams and sketches.

(h) Identify the precise location where the accident


occurred.

(i) Obtain equipment to remove damaged vehicles.

(j) Evaluate physical evidence.

(k) Check the road and vehicle condition

(i) Carefully examine road signs, signals, markings and


other traffic control devices.
(ii) Examine all moving parts of the vehicle.

(l) Make conclusions on the validity of statements.

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(m) After leaving the accident scene:

(i) Interview the injured at the hospital.


(ii) Get the medical report of the injured persons.
(iii) Steps should be taken to notify the relatives of all
injured persons.

(n) Action against violators.

(i) Re-examine and assess the evidence.


(ii) Is your course of action supported by evidence?
(iii) Consider the advisability of consulting your superior
officers in assessing evidence and deciding on what is
the most appropriate course of action.

(o) Initiate action on the evidence and file the charges.

(p) Prepare the report.

Calculating Speeds From Skid marks

(1) Skid marks as Evidence in Accident Cases

This is useful in several ways other than as indication of the vehicles


speed.

(a) It will show if the vehicle was traveling in the wrong direction
or on the wrong side of the road.

(b) It will indicate if the driver failed to observe the right of way

(c) It will also show if the driver did not obey a traffic sign.

(2) Procedure

(a) The officers shall submit as part of the evidence in a case the
measurements of the skid marks.

(i) Some courts require the assistance of an expert.


(ii) Measurements should be accomplished by two men.
(iii) Sketches and photographs with measurements indicated
should be made soon after the accident.

(b) Some Police Departments have their officers skid a vehicle to


a stop from the legal speed limit, if this can be done safely,
and compare the skid marks with those in the accident.

(c) Some would draw conclusions from tests based on physical


calculation.

(3) Measurement of Skid marks

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(a) Should meet legal standards. Officers measuring the
skidmarks and the distance to embankment or other fixed
constructions should verify each others measurements so
that they can corroborate each others testimony in court.

(b) Evidence should be presented to show that the skidmarks


were made by the suspects car.

(c) Witnesses should testify in court.

(4) Basic Principles in Calculating Speeds from Skid marks

Energy and vehicle speeds. An automobile moving at any speed


possesses energy. As the speed of the vehicle increases, the
resulting energy developed is said to increase as the square of the
ratio of the increase in speed.
Examples:

20 kph = 40
30 kph = 90
40 kph = 160

(5) Stopping a Motor Vehicle

Whenever a moving vehicle is stopped, the energy that it possesses


at that time must be expended or spent. It is only when most or all
of the vehicles energy is expended through skidding of tires that a
fairly accurate calculation may be made of the vehicles speed before
the accident.

(6) Skid marks

The sudden application of brakes which results in the locked wheel


condition places such a great pressure between the brake shoe and
the brake drum that the frictional force at this point becomes greater
than the frictional force between the tire and the road surface.
When this condition exists, the wheels skid.

(7) Coefficient of Friction Drag Factor

It is the measurement of the maximum frictional resistance of


pavements. It is equal to the force exerted when the wheels are
skidding divided by the weight of the car.

FS = Test speed squared


30 x braking distance

where 30 is the gravitational constant in miles per hour.


(Transformation of feet per second to miles per hour.)

(8) Reaction Time

This is the distance traveled before applying the brakes.

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(a) Divide seconds in an hour (3,600) into feet in a mile (5,280)
= 1.467.

(b) To determine distance you will travel in one second, multiply


1.467 (1.47 or 1.5) times the speed at which you are
traveling.

(c) Time to get foot off the accelerator and slam it on the brake
is of a second on the average. The age of the driver
should be considered.

(d) 1.5 x speed = length in feet covered before brake works for
you.

(9) Test Runs.

In making calculations for speeds from skidmarks, it is often


necessary to conduct one or more test runs, using the vehicle
involved in the accident or, if it cannot be driven, another vehicle of
similar characteristics may be used.

(a) Conditions should be the same as those existing when the


accident occurred. The character of the road, whether wet or
dry, should be the same.

(b) Conduct tests on the same road surface and in the same
direction.

(c) The vehicles speedometer should be checked, and any


difference from accurate calibrations should be noted.

(d) A speed consistent with safety, such as 20 to 30 miles per


hour, should be selected for the test run.

(e) Brakes should be applied suddenly and as hard as possible


when the car is moving at the selected test speed.

(f) The length of each skidmarks should be measured.

(g) If a brake detonator is available, the total braking distance


should be accurately determined using such equipment, either
mechanically or electrically operated.

(h) Generally, it is advisable to conduct two or three tests at the


selected speed. The test producing the longest braking
distance, that which favors the defendant most, is generally
used in the calculation.

(i) To avoid possible differences in the application of brakes by


the driver, it may be advisable to have the driver of the
accident vehicle drive the car in the test runs.

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(10) Speed Calculations

(a) When a vehicle is stopped solely by skidding, it is possible to


calculate the speed of the vehicle at the beginning of the skid
by using the formula based on the principle that the skidding
or braking distances vary as the square of the speed:

Minimum accident speed is equal to the speed of the car in


the test run time the square root of the number obtained by
dividing the average length of the accident skidmarks by the
total braking distance in the test run.

For probable speed, use test skidmarks instead of test braking


distance, employing the same formula above.

(b) When accident vehicle cannot be driven. When the vehicle is


damaged so badly that it cannot be driven, part of the
vehicles energy is expended in damaging the car and the
object struck. A calculation of speed from skidmarks left
under these circumstances gives a speed based only on the
amount of energy expended in the skidding. Consequently,
the resulting speed value may be considerably less than the
actual pre-accident speed, since it is not possible to determine
how much farther the vehicle would have skidded had there
been no collision.

B. HIT-AND-RUN ACCIDENT INVESTIGATION

(1) Elements of Hit-and-Run

(a) You must prove suspect was driving the vehicle at the time of
the accident. Even if you have witnesses to prove this, get
evidence to disprove his alibi.

(b) Suspect was involved in an accident resulting in death,


personal injury or damage to property.

(c) Suspect failed to stop, give aid or information as to his


identity to other person(s) involved, to police or to anyone at
the accident scene; or failed to the take reasonable steps to
notify the owner of damaged property other than a vehicle.
Do not overlook the possibility of a simulated second accident
to explain damage caused by the first accident.

(d) Suspect had knowledge of the accident.

(i) Physical evidence may prove the vehicle figured in the


accident.

(ii) Extent of damage to vehicle. Extensive of damage to


vehicle would preclude allegation of lack of knowledge. If
suspect refrained from using his vehicle for several days
since the accident, this would also indicate guilt.

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(iii) Guard against claims that the vehicle was stolen to evade
responsibility.

(2) Classes of Hit-and-Run Drivers

(a) Drunk drivers

(b) Criminals fleeing from the scene of the crime

(c) Improperly licensed drivers, or drivers with no license or with


revoked or expired license

(d) Drivers who fear publicity and prosecution

(e) Ignorance of the accident

(f) Insurance or financial reasons

(g) Driver who flees in panic

(h) Drug addicts

(i) Juveniles

(3) Preliminary Steps

(a) When the officer receives the call, he or she must inquire on
the following:

(i) When and where the accident occurred.


(ii) How serious were the injuries.
(iii) Need for ambulance and other equipment.
(iv) Name and address of the person reporting. He may be an
important witness.
(v) Who witnessed the accident?
(vi) Is there a traffic block?
(vii) Arrange for help, if needed e.g., fire trucks, etc.

(b) Obtain the best possible description of the car and driver.

(i) A good description may be obtained from partial


descriptions given by witnesses.
(ii) Get the license plate and any unusual features of the
vehicle.
(iii) Concentrate on the cars description first.
(iv) Dispatch initial description and all subsequent information
to the Headquarters and to police agencies that may assist
in spotting and stopping the suspects vehicle.
(v) Broadcast descriptions of the suspect and the car he or
she is on board to all police units and offices.
(vi) Try to determine the damage to the fleeing car.

83
(c) Appeal for information through local newspapers, radio,
TV, etc.

(d) Carefully search the hit-and-run scene for physical


evidence.

(i) These may include broken glasses and fragments,


hubcaps, paint scrapings from hit-and-run car, other
evidence such as dirt from subject car, radiator
ornaments, etc.
(ii) Carefully preserve and label all evidence found at the
scene.
(iii) Request laboratory study of evidence. (See also Scientific
Aids in Criminal Investigation)

(iv) Watch out for the possible return of the hit-and-run driver
to the scene of the accident. This has been known to
happen.

(e) The victim.

(i) Check his clothing; other parts of his body, tire marks,
grease, paint chips, fragments, and such things that might
have been left on him by the suspects car.

(ii) If the victim is killed, get samples of uncontaminated


blood from him at the morgue and samples of hair, skin,
etc.

(iii) Collect and preserve for laboratory examination the


clothes, shoes and other items he was wearing at the time
of the accident.

(4) Follow-up Investigation

(a) Interview persons living along the route taken by the hit-and-
run driver; also operators of filling stations and garages.

(b) Canvass parking lots and other filling stations and garages.

(c) Return to the accident scene at the same time on


subsequently days and on the same day of the following
weeks to obtain additional witnesses such as deliverymen
operating on scheduled routes.

(d) Follow up phone calls to garages and dealers of auto parts.

(e) Continue appealing for information through the press, radio


and TV.

(5) Search for Suspects Car

(a) Look for physical evidence, such as latent fingerprints, pieces


of clothing, marks, damaged parts, dirt, hair, blood, etc.,

84
which will help in identifying the car as that involved in the
hit-and-run accident.

(b) Search the undercarriage of the suspects car. Determine also


if there is indication of disturbance in the grease or dirt
adhering to it.

(c) Make a careful investigation for possible replaced parts.

(6) Interview of Suspects

(a) Obtain a signed statement if you can.

(b) Get a full account of suspects whereabouts and write it down


just in case he refutes it later.

(c) Approach and apprehend the driver of the suspect car as soon
as his identity and whereabouts are ascertained.

(d) Place the driver in a defensive position by properly directed


questions upon approach.

Section 2. - Reporting and Disposition of Stolen and


Recovered/Impounded Motor Vehicles.

I. Procedures:

(a) Reporting of stolen and other wanted motor vehicles

(1) The Director/Chief of Offices of the PNP Units that take


cognizance of a Motor vehicle, shall cause the owner to make a
sworn written complaint supported by documents of ownership
such as Certificate of Registration, LTO Receipt of payment, deed
of sale, invoice receipt and other related documents;

(2) A report shall then be rendered to the Chief, PNP (Attn: Dir,
TMG) using a uniform Alarm Sheet. All Alarm Sheets received by
the PNP units shall be immediately forwarded to the Dir, TMG.
All Alarm Sheets received by the PNP Units outside Metro Manila
shall be forwarded to the respective TMG District Offices covering
the area;

(3) The TMG shall flash the alarm to all districts and other law
enforcement agencies. The District Directors shall disseminate
said alarms to all PNP Stations within his AOR;

(4) Upon termination of the investigation of a recovered stolen motor


vehicle, the Unit Head/Chief of Offices shall prepare and other
submit in four (4) copies to the Dir, TMG distributed as follows:
Original Copy for the Computer Center; Duplicate Copy for TMG;
Triplicate Copy for the reporting unit and Quadruplicate Copy for
the Investigating Units file;

85
(5) The PNP Computer Center shall provide all PNP Units and
agencies concerned with a periodic updated list of
wanted/recovered motor vehicle;

(6) All PNP Units which undertake anti-carnapping missions are


required to submit Daily Radiographic Anti-carnapping Operations
Report (DACOR) to the HQs (Attn:Dir, TMG) every 0800H daily.
The report shall cover a 24-hour period;

(7) The DACOR shall contain a minimum data requirement which


includes:

(a) Number of motor vehicle reported stolen motor vehicle broken


down as follows:
(1) Stolen while parked
(2) Forcibly taken
(3) Failed to Return

(b) Number of motor vehicles recovered

(c) Number of motor vehicles turned-over to TMG

(d) Number of suspects arrested

(e) Status of cases filed

(8) Additionally, a monthly report on the Anti-carnapping operations


of the above cited units shall be submitted to the
Headquarters (Attn: Dir, TMG) not later than the 7 th day of
the month following the period covered by the report; and

(9) In all cases, the reporting of the stolen/wanted and recovered


motor vehicles shall follow the flow of the Chain of Command.

(b) Disposition of Recovered/Impounded Motor Vehicles

(1) All recovered carnapped/abandoned motor vehicles in Metro


Manila shall be turned over within forty-eight (48) hours to
the Central Vehicle Impounding Area (CVIA) at Camp Crame.
If the recovered vehicle is not in running condition, the
recovering unit shall inform the TMG (PLDT Nrs.7218516 &
7224103) who shall provide the towing services of the subject
motor vehicle to the TMG.

(2) Motor vehicles recovered by City/Municipal Police stations


outside Metro Manila shall be turned-over within forty-eight
(48) hours to the nearest TMG District Headquarters for
proper investigation/disposition.

(3) If the carnapped motor vehicle is recovered by its owner


without PNP assistance, the subject motor vehicle shall be
physically presented at the nearest PNP Office/Station for

86
proper identification and eventual lifting of the alarm. Motor
vehicles that are recovered in Metro Manila shall be presented
to the TMG Hqs., Camp Crame, Quezon City while those
recovered outside Metro Manila, shall be presented to the
nearest TMG District Headquarters which shall prepare the
recommendation for the lifting of alarm.

(4) The Dir., TMG upon receipt of the letter-request for the lifting
of the alarm, shall receive said motor vehicle and assume
responsibility for its security in the impounding area in
accordance with the provision of this SOP. An individual case
folder for each impounded motor vehicles shall only be made
upon approval of the Director, TMG.

(5) All releases of impounded motor vehicles shall only be made


upon the approval of Director, TMG.

(6) In case there is an order from the competent court or fiscal


for the release of a motor vehicle, the same shall be released
in accordance with the existing rules governing the release of
motor vehicle. Dir, TMG shall then inform the investigating
unit of the order for the release of the motor vehicle.

(7) Before any vehicle is released, the Technical Inspection


Report (TIR) previously prepared shall be reviewed by both
the owner or his authorized representative and the Dir, TMG.
In case of discrepancies, the Dir, TMG shall immediately order
the Chief and/or PNCOs of CVIA to explain said discrepancy.
It shall be presumed that all motor vehicle, before the same is
received for impounding, have passed through Technical
Inspection and the description appeared in the TIR is correct
in all respect.

II. Lifting of Alarm of Wanted-Recovered Motor Vehicles:

(a) The following shall be the basis for the lifting of alarm of any wanted-
recovered motor vehicle:

(1) Recovery
(2) Court Order
(3) Termination of Investigation
(4) Actual Possession of owner
(5) Other lawful grounds or as ordered by competent authority

(b) The lifting of any alarm of wanted-recovered motor vehicle shall be


subject to the approval of the Dir, TMG.

(c) The information to lift an alarm for any motor vehicle shall be
entered in the form Lifting of alarm, and the information shall be
disseminated by Dir, TMG to other PNP Units. A consolidated
monthly listing of such vehicles shall be prepared by Dir, TMG and
copies furnished to other PNP Units.

III. Headquarters and Regional Impounding Area:

87
Headquarters TMG shall maintain the present Central Vehicle
Impounding Area (CVIA) in Camp Crame and all the Regional Vehicle
Impounding Area (RVIA) until new areas are designated by proper
authority.

IV. Prohibitions:

(a) No PNP Personnel shall use a recovered stolen/impounded motor


vehicle or cause the use thereof by any person prior to the lifting of
the alarm issued thereon.

(b) No PNP Personnel shall use replace/remove any part of or accessory


of the impounded/recovered-stolen motor vehicle or cause the
replacement/removal of any part of accessory thereof by any person,
unless there is written authority from the Chief/Head of the PNP unit
where said vehicle is being impounded and which
replacement/removal of said part/accessory shall be for preservation
purposes.

RULE 34
SEABORNE COASTAL LAW ENFORCEMENT

Section 1. Seaborne Coastal Law enforcement Patrol Operations.-

(a) Seaborne Operations should be led by a Police Commissioned Officer


(PCO), except on extreme cases where no available PCO wherein the
most senior PNCO shall lead the operation.

(b) Only properly marked Police Patrol Boats (PPB), Police Speed Boat
(PSB) and Police Coastal Craft (PCC) shall be used in any seaborne
operation. However, other seaworthy sea craft (motorized banca,
fishing boats, etc) may be utilized for seaborne patrol operations but
must be covered by a Certificate of Utilization from the operating
Police Office.

(c)Personnel involved in the operations must be in proper uniform when


practicable, otherwise, the recommended seaborne patrol uniform is
PNP short with T-shirt marked Maritime Group PNP. Proper
identification (ID, PNP Badge) must be available when requested by
the Captain of the vessel to be boarded or other law enforcement
agencies.

(d) All personnel must wear the proper Personal Protective Equipment
(PPE) like jacket, floatation vest during any seaborne operation.

(e) The Team Leader must ensure that all personnel involved in the
operations including other law enforcement personnel (BFAR, LGU,
CLET, PCG) are in good physical condition.

(f) All equipment (Flashlights, cameras, etc.) including sidearm and long
arms must be properly secured with retention lanyard, sling to prevent
accidental loss in the sea in case of emergency.

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(g) Enough provisions for emergencies should be included in the patrol
including water, food, first aid, medicine for sea sickness, dry cloths,
and survival gears.

(h) Team leaders must ensure that all equipment are in good condition
prior to the start of the operations including the seaworthiness of the
patrol craft, engines, radio equipment, firearms, fire fighting
equipment, damage control and safely gears.

(i) The recommended number of watercraft for any seaborne patrol


operations, regardless of purpose is two (2) composed of the security
vessel (SV) and the Back-up vessel (BV)

Section 2. Seaborne Patrol Tactics

(a) Pre-Departure Phase

(1) Prior to the seaborne operations, all personnel involved should be


included in the planning conference to familiarize the members
on the area of operation, targets involved, threat level, duration
of the operations.

(2) The prevailing weather condition (wind, sea state and visibility)
should be included in the planning phase.

(3) The total steaming time should be computed to include:


estimated distance to and from the patrol area, expected patrol
time/area and an additional twenty percent (20%) emergency
provisions for fuel food and water. This will enable the team to
estimate the fuel and provision requirements.

(4) The recommended minimum team composition is as follows:

(a) Team Leader (TL)


(b) Assistant Team Leader/Recorder/Medic/Radio man
(c) Security Team
(d) Search Team
(e) Evidence custodian/photographer

(5) Coordination should be made with other coastal law enforcement


agencies, particularly those near the patrol area for any
emergencies or possible reinforcement and the same should be
entered in the Police Blotter.

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(b) Patrol Phase

(1) An Offer-In-Charge (OIC) or a Senior PNCO for PPB, PSB and PCC
or the Team Leader for other patrol craft should always maintain
command of the patrol operation.

(2) Sufficient Look-Out (Watchman) must be posted to monitor,


observe and report suspicious watercraft believed to be involved
in any illegal activities during the patrol operations. Lookouts are
also responsible for the security and investigation watch of the
vessel.

(3) Look-out/security must be properly armed and must not leave his
post until properly relieved. The recommended tour of Duty is
two (2) hours at day time and one (1) hour at night during
seaborne patrol operations.

(4) Once threat is detected (suspicious vessels), all members of the


team must ensure that they are properly positioned and use
cover and concealment in case of emergency.

(5) Upon the assessment of the Team Leader, the Security Vessel
will cautiously approach and maneuver once around the Target
vessel (TV) at not less one (1) nautical mile (1.852 kilometers)
for the initial observation and using binocular observe the
following:

(a) Size and type of the vessel


(b) Name and markings
(c) Flag and nationality
(d) Number and nationality of the crew
(e) Presence of arms
(f) Any unusual cargo on board
(g) Seaworthiness of the vessel
(h) Reaction of the crew and action of the vessel

(6) After initial observation and only after the Team Leader has
assessed the situation, SV will maneuver around the
Port/Starboard Quarter (the left/right rear portion) of the Target
Vessel (TV) coming in against the wing and current. Security
personnel must be in position to provide covering fire when
needed.

(7) The Team Leader (TL) will then introduce themselves and
announce the violation of the suspect vessel or announce their
intention to stop, board and search the TVs to the captain or
master.

(8) Prior to boarding, the TL must ascertain if any licensed firearms


are on board and then order all crew men of the TV to proceed

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to the bow (forward portion) of the vessel facing seaside with
hands on top of their heads.

(9) Upon signal from the TL, the security personnel will board first
and immediately conduct initial search of the vessel. Search
must be done from the stern (rear) to bow (front) and from main
deck to upper deck and then lower deck (top to bottom).

(10) The security team will then frisks and search each crew men, one
at a time, at the bow before signalling to the TL that the vessel is
secured.

(11) Upon signal, the sequence of boarding is as follows: search team,


recorder/evidence custodian, and assistant team leader. The last
to board and first to disembark is the Team Leader.

(12) The Captain of the TV will be escorted to the bridge of the TV to


ascertain the authenticity of the pertinent papers of the TV (boat
Registration, crew license and permit).

(13) During this time, the search team will conduct thorough search of
the vessel including the following areas:

(a) Bridge (navigation area)


(b) Cargo holds
(c) Deck gears
(d) Store rooms
(e) Cabins
(f) Engine rooms, including bilge area
(g) Main deck
(h) Weather deck
(i) Any suspicious objects hanging at vessel side

(14) When any illegal contraband/evidence is detected, a code


signal (password) will be given to every team member alarming
the TV crew prior to the actual simultaneous arrest.

(15) If required, all arrested suspects will be restrained using


handcuffs and secured in an open but safe area of the vessel. All
arrested suspects are under the responsibility of the arresting
team. The restrained suspects on a vessel at sea must be
provided with lifejackets or other floatation devices, in case of
any emergencies.

(16) The arrested suspects, including the vessel, shall be brought to


the nearest Maritime Group Station/Precinct for safekeeping
and custody. In case the same is not practical, they shall be
brought to the nearest coast adjacent to a local police station.
All efforts must be made to ensure the security of the impounded
vessel against undue damage and the natural elements.

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(17) The arrested suspects must be inquested in the coastal
municipality where the sea craft was apprehended and where the
criminal act was committed as provided for under the law.

Section 3. Hostile Boarding Procedure.-

(a) All effort should be taken to ensure that the suspects surrender
peacefully and the use of excessive force shall be resorted to as a last
option. If resistance is encountered, the use of appropriate force is
authorized only to subdue the suspects; use of excessive or brutal
force is not allowed.

(b) If the suspects from the subject vessel start firing, the security team
will respond by force and fire at the general direction of the person
who fired only, innocent civilians must be protected and secured.
Shots may be fired on the general direction of the engine room or the
vessels main propulsion system above the waterline to disable the TV.
Indiscriminate firing is not allowed.

(c) In case the suspects vessel fails to stop her engine or drop anchor
when ordered by the TL and only if the situations deems it necessary,
the designated security personnel will fire bow shots only upon orders
from the TL. Bow shots are several rounds fired several meters
forward of the TVs bow in the general direction of the open sea.
Compensation to the target vessel should be made for the pitching
and rolling of sea craft at different sea state when firing weapons at
sea. All effort should be made to prevent undue damage to the
suspect vessel.

(d) Consideration should be made on the ricochet when firing weapons on


board a seagoing vessel built of metal as well as the penetration
possibility on small sea craft made of light marine plywood.

(e) All wounded suspects must be secured, given first aid and brought to
the nearest coastal hospital for immediate treatment.

(f) After neutralizing hostile suspects, security team will thoroughly


search and secure vessel.

(g) All evidence including the weapons used, slugs and ammos casing
must be photographed, sketched, logged and secured by the evidence
custodian.

Section 4. Non-Hostile Negative Search

(a) In case the search team fails to locate any illegal items on board, the
TV or upon verification, the vessel was found to be operating legally,
the team will not cause undue delay to the TV.

(b) The Captain of the TV will be informed of the result of the search and
he will be politely asked to sign a Certificate of Orderly Inspection to
ensure that the inspection was done in accordance with procedure.

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(c) In case the captain or master of the TV did not agree to sign the
Certificate of Orderly Inspection, the form will be marked Refused
to Sign with a member of the team signing as a witness.

Section 5. Vessel Search Tactics.-

(a) The success of each mission will depend upon the effectiveness and
efficiency of the search team.

(b) Each search team member must work with a back-up at all times.

The suggested equipment of the search team is as follows:

(1) Flashlight
(2) Search mirrors
(3) Safety Knife
(4) Gloves
(5) Evidence bag

(c) All collected evidence must be photographed, sketched and inventoried


and properly turned-over to the evidence custodian.

(d) The following must be taken into consideration during the search:

(1) false bottom cargo hold


(2) Illegal items inside waterproof containers placed in bilges
(3) Chain Lockers
(4) Inside Fire extinguishers
(5) False bulkhead
(6) Open space under drawers
(7) Void space inside cargo holds
(8) Illegal items hidden inside big fish catch
(9) Items placed in waterproof containers hanged and
submerged on ships sides.
(10) Illegal items thrown overboard as flotsam

(e) The safety considerations during searching are as follows:

(1) Oily and slippery deck


(2) Open cargo and engine room plates/gratings
(3) Obstructions on deck like eye pods, uneven deck plating
(4) Low ceilings and hanging obstruction
(5) Hazardous fumes inside enclosed space

(6) Oil fumes and gases from engine room spaces


(7) Deficient oxygen inside corroded cargo holds and void spaces
(8) Hostile crew men hiding in narrow passage way and cargo
spaces.

At all times, the team leader must be aware of the status and
location of all team members. If radios are not available for this

93
purpose, team members must shout loudly their locations and actions;
other team members must relay such signals to the TL.

(f) When opening cargo hatch covers, utmost care must be taken to ensure
that the Search team are protected from dangerous contraband
including armed suspects hiding inside cargo holds.

Section 6. Maritime Pollutions

(a) In case of marine pollution (oil or chemicals) incident, the


Philippine Coast Guard (PCG) is the agency with the primary role in
the negation and control of the incident. The Philippine National
Police in coordination with other agencies (DENR, DOH, LGUs) will
provide support as necessary.

(b) The assistance of the LGUs, CLET, Bantay Dagat volunteers,


Fisherboats operators and fisherfolks in coastal clean-up and set-up of
floating oil boom at sea will be initiated by the personnel in the
concerned area.

(c) The general direction and speed of the wind and current will be
taken into consideration when computing the possible track and
direction of the oil slick. The expected landfall or affected coastal area
will be alerted and negation measures will be put in place.

(d) The recommended equipment and measures in an event of an


oil spill negation in coastal areas are as follows:

(1) Monitoring and tracking of the oil slick at sea by patrol boats,
volunteer fishing boats and costal watchers.

(2) Acquisition of oil absorbent materials (rags, old clothes, etc) and
placed on threatened coastal areas.

(3) Acquisition of safety gears (gloves, surgical mask, boots) for


distribution to coastal clean-up volunteers.

(4) Orientation of volunteers in proper clean-up procedures.

RULE 35
AVIATION SECURITY PROCEDURES

Section 1. Policies

(a) Courtesy and politeness shall be observed at all times;

(b) Merit and demerit system in line with the SOP of Office of
Transportation Security (OTS) shall be strictly implemented;

(c) Personnel shall attend all scheduled judicial hearings;

94
(d) Logbook for equipment testing, logbook of daily tour of duty and clear
book, should be maintained and always available at the screening
checkpoint;

(e) Regardless of the configuration of the terminal building, screening of


passengers and their checked-in/hand carried luggage must be
properly conducted prior to boarding/loading to the aircraft; and

(f) Checked-in/hold baggage of the passenger denied boarding for refusal


to be processed or for security reasons, should be offloaded.

Section 2. Procedures. The following procedures shall be adopted:

A. At the initial Passenger Security Screening Checkpoints

These checkpoints are located immediately after the entrance gate of


the departure level of an airport terminal for the screening of checked-in
and hand carried luggage of passengers and other airport users. An Armed
Uniformed Supervisor is always designated in these checkpoints to oversee
the regular and consistent performance of the screening security team from
a vantage post.

The following are the specific duties and functions of the assigned
personnel:

a. 1.- Armed Supervisor shall:

(1) Maintain and have control over his issued firearm at any time
while on duty;

(2) Exercise visual screening for any incipient conflict between any
member of team members and airport-user and seek its early
resolution;

(3) Supervise each luggage inspection and control the access by


owner on any item inside his luggage during luggage inspection.

(4) Affirm/confirm intercepted / prohibited dangerous item/s, and


subsequently apprehend the concerned airport-user and assume
the control over the same after the apprehension.

(5) Coordinate with the appropriate airline for the off-loading of the
concerned user and his luggage.

(6) Inform the Duty Officer and Duty Investigator about each
interception;

(7) Sign the appropriate report prepared by the Duty Investigator;


and

(8) Perform such other duties and functions as appropriate.

a. 2. -Assistant Armed Supervisor/Firearm Facilitator shall:

95
(1) Assist the Armed Supervisor in monitoring the individual
performances of their members and act as Firearm
Facilitator/Coordinator

(2) Verify authenticity/validity of each document presented by the


firearm holder like license, memorandum receipt, permit to carry
and/or authority to transport, etc;

(3) Record all pertinent data in the screening data logbook;

(4) Supervise the safe unloading of each turned-in firearm in front of


the clearing box;

(5) Properly turn-over the turned-in firearms, ammunitions and its


accessories to the concerned airline representative which shall be
placed in cargo box/Security items (SI) box;

(6) Escort the airline representative/s who received the turned-in


firearms and ammunitions, and ensure that they are loaded in
the aircraft as belly cargo;

(7) Maintain the proper use and control of the teams issued
handheld radios;

(8) Act as the custodian of the keys of the anti-hijacking equipment


during non-flight operation and during tour of duty;

(9) Supervise the individual performance of members of the team in


he absence of the Duty Armed Supervisor; and

(10) Perform such other duties and functions as appropriate.

a. 3.- Baggage Feeder shall:

(1) Responsible for the orderly/processing, placement and distancing


of each luggage and object to enable the electronic sensor to
scan their contents properly;

(2) Position himself/herself before the X-ray machine metal roller;

(3) Advise passengers to place the divest container and each of the
luggage flat in the metal roller/conveyor belt;

(4) Space each luggage at least one foot apart;

(5) Ensure that only luggage acceptable through X-ray tunnel is the
one screened; and

(6) Direct each airport-user to the next Screening Area one at a time.

During peak hours, a PASSENGER CONTROLLER shall be stationed two


meters ahead of the Baggage Feeder to regulate and control the screening
of airport-users, ensuring that airport-users pass one at a time through the

96
walk thru metal detector. A yellow line shall be installed before each x-ray
machine to control and maintain the spacing between each airport-user.

a. 4. - X-Ray Machine Operator shall:

(1) Identify and interpret the monitored images and colour-codes by


scanning the black and white and colored screens. Be conscious
as to the shapes and shadows of prohibited/dangerous items like
firearms, explosives and its components, like 24-32 gauge wire,
clock, fuse, detonator and batteries; bladed/pointed objects
regardless of size and hazardous materials/substance such as
flammable, oxidizing, poisonous, corrosives and radioactive;

(2) Log in on the appropriate record book provided;

(3) Check the operational status of the machine;

(4) Move the conveyor belt in a regular speed;

(5) Concentrate on his/her job and be oblivious of the surroundings;

(6) Interpret images and be guided with the three threat signs in the
monitor screen such as: Obvious, Possible and No Threats.
Obvious Threats are clear images/color codes of prohibited items
like firearms, explosives and pointed/bladed weapons or any of
its components. Possible Threats are suspicious unidentifiable
images/color codes denoting prohibited items or parts thereof.
No Threats means the luggage is clear of any prohibited items
and therefore acceptable for loading;

(7) Inform immediately the Baggage Inspector about the presence of


suspicious/unidentifiable objects in a particular luggage and its
exact location;

(8) Establish the ownership of the suspected luggage;

(9) Notify Supervisor regarding suspicious bags/prohibited items;

(10) Affix signature to the appropriate document to be prepared by


the duty investigator after each interception;

(11) Stop the conveyor belt to control the access by its owner to the
suspected item. Notify and request the baggage inspector to
open a suspected luggage when in doubt of the shadows and
colors of the objects reflected on the screen.

(12) Attentive to various dismantled parts of an Improvised Explosive


Device (IED) or components of a complete bomb; and

(13) Log out after every twenty minutes and observe the 20.40
minutes rule.

a. 5.- Baggage Inspector shall:

97
(1) Conduct systematic and orderly physical/ocular inspection of
suspected luggage and objects in the presence of its owner and
under the supervision of an Armed Uniformed Supervisor. Each
item placed inside the suspected luggage should be
systematically peeled by clipping it between his two inner
forearm and feel their contents in the process until the suspected
item is found, verified/identified;

(2) Establish the true identity of the own of suspected luggage


through his valid airline ticket and other valid documents;

(3) Coordinate with the x-ray operator on the exact location of the
suspected object inside the luggage;

(4) Inform his supervisor about the need for physical inspection;

(5) Direct the luggage owner to open his luggage facing the
Inspector and witness the inspection process;

(6) Deny physical access to any item inside the luggage to its owner
during the inspection;

(7) Require owner of electric gadgets to personally operate the same


before removing all its batteries, 1.5 volts and above;

(8) Refer the suspected objects to his Armed Uniformed Supervisor


for confirmation;

(9) Sign the appropriate documents to be prepared by the duty


investigator; and

(10) Return all the items taken out on the suspected luggage and
close the same thereat

a. 6.- Body Frisker shall:

(1) Conduct physical examination (Pat Down) by requiring the person


to step on a wooden platform whenever the metal detector
sounds off;

(2) Position himself/herself after the metal detector with the hand
held metal detector in an inactive (off) mode in his/her two
hands and legs in straddle position;

(3) Require airport-user to divest himself/herself of all metal objects


in his body and place them in the plastic container provided for
the purpose. Contents of divested objects that can not be verified
visually like cigarette packs, pocket books, newspapers,
magazines, writing implements (ball/fountain pens) and over-
sized jewelries, etc. shall be screened electronically by placing
them in a convenient bag/tray and requiring them to pass
through the x-ray machine;

(4) Examine visually the divested objects in the container;

98
(5) Direct concerned person to pass through the walk thru metal
detector in normal/regular pace;

(6) Instruct the concerned person to retrieve his/her belongings from


the divest container if the detector does not beep. If the detector
sounds off, direct concerned person to further remove metal
objects in his body and require him to pass again through the
detector gate;

(7) Order the concerned person to mount the platform, if the


detector sounds off for the second time, and frisk the concerned
airport-user by using the hand held metal detector;

(8) Turn on the hand held metal detector and order concerned
airport-user to raise both arms parallel to the ground and start a
Pat Down Inspection from the top of the head moving down and
around the passengers body in clockwise direction until the
passengers body has been completely outlined/searched;

(9) Never touch the passengers body with the hand held detector;

(10) Use the active area of the hand held metal detector parallel to
the body with a distance of one to three (3) inches from the
passengers body;

(11) Move the hand held metal detector from the passengers front
area of the passengers body has been completely inspected;

(12) Move around the passenger and repeat the procedure at the
passengers back;

(13) Ensure that the cause of each alarm is positively identified if the
hand held metal detector alarms by asking the passenger to
remove any metal objects that causes the alarm;

(14) Verify that the object is not dangerous or prohibited and resume
on the point where the alarm was discovered; and

(15) Continue the procedure until the passenger has been completely
screened and the cause of alarms are identified and cleared.

B. Final Passenger Security Screening Checkpoint

This checkpoint is located in the concourse of the passenger terminal


leading towards the boarding gates. The duties and functions of the
members of the screening team at this checkpoint are the same as that in
the initial security screening checkpoint. Great emphasis shall be given,
however, to the resolution when an airport-user causes the walk thru-metal
detector to alarm. Pat down search becomes mandatory on said airport
user who triggered the alarm. Additional procedures to be implemented in
this instance are as follows:

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If the resolution of the Walk-Thru Metal Detector alarms, the
male/female friskers shall:

(1) Monitor and ensure that all passengers pass through the walk-
thru metal detector one at a time;

(2) Return to the owners all divested items if there is no alarm;

(3) Direct the passengers to retrieve the hand carried luggage /


baggage at the other end of the X-ray machine. If classified as a
Possible or Obvious Threat, luggage/baggage shall be referred to
the Checkpoint Supervisor for manual search;

(4) Direct the passengers to re-examine pockets and/or clothing, if


the walk-thru metal detector alarms;

(5) Direct the passengers to repeat the divest procedures and ask
them to remove shoes;

(6) Direct the passengers to place the divested items and shoes into
a divest container for x-ray screening or manual inspection;

(7) Direct the passengers to pass through the walk-thru metal


detector for the second time;

(8) Return to the owners all screened divested items if there is no


alarm on the second pass;

(9) Conduct handheld metal detector search on the passenger, if the


walk-thru metal detector alarms on the second pass;

(10) Determine the cause of alarm before subjecting the passenger to


the mandatory pat-down search.

C. Pat Down Search Procedures

Complete Pat Down Search

If a passenger cannot be cleared by, or will not submit himself to walk-


thru and/or hand held metal detector inspection, a whole pat-down search
shall be required (i.e. passengers in wheelchairs, pregnant women,
passengers with implanted medical devises) and the search should be done
tactfully with utmost courtesy. The screener shall:

(1) Ask for and receive the passengers consent;

(2) Be of the same sex as the passenger being searched;

(3) Ask the passenger to remove any heavy outer clothing (i.e.
overcoats, bulky jackets, hats and etc. for x-ray and hand
inspections);

(4) Ask the passenger to empty pockets and place contents in divest
container. These items should be manually inspected and cleared

100
by the screeners independently. If x-ray inspection is necessary,
items in the divest container shall be placed in the x-ray conveyor
belt for x-ray screening;

(5) Direct the passenger to face forward and spread arms;

(6) Require visual inspection of passengers with short hair;

(7) Search hair and neck of passengers with long hair or hair styles
in which weapons could be hidden;

(8) Ask passengers wearing a turban, bandana or head covering to


remove them so the hair can be searched manually or with the
use of hand metal detector. When the alarm sounds, the cause of
the alarm must be identified;

(9) Ask the passenger to raise both arms to the side. If the
passenger is wearing short sleeves, it is not necessary to check
further than the end of the sleeve;

(10) Pat down passengers wearing long sleeves by encircling the


passenger nearest arm with the hands and fingers moving from
the shoulder downward to the bottom of the arm in one motion.
Repeat this action on the other arm;

(11) With the passengers arm still raised, use the front or back of the
hands. Start at the top of the shoulder and move the hands
downward to the waist in overlapping paths, until the entire torso
has been searched. When screening female passengers, conduct
the pat down efficiently and very tactfully in the breast area;

(12) Give special attention on the area to the back, near the waist,
caused by the curvature of the spine and the areas under the
armpits where weapons can be concealed;

(13) If the passenger is wearing a suit, coat, sport jacket or other light
over garments, pat down the area of the garment that pulls away
the passengers body;

(14) Place the thumbs between the passengers belt and waist and
circle the waist;

(15) If necessary, crouch or kneel and with the front or back of the
hands start at the waist and move downward to the trouser cuffs
or skirt bottom in overlapping paths until the passengers entire
lower body has been searched. Repeat the same on the other
leg;

(16) With the passengers permission, check the crotch area with a
metal detector;

(17) Normally, do not ask the passengers to remove their shoes.


Check shoe or boot bottom and boot top by hand. If there is a
suspected item concealed in the shoe or boot, then the shoe or

101
boot should be x-rayed. Sandals need not be removed except
unless when it is elevated and capable of concealing
prohibited/threat objects.

D. Procedures on Manual Search

d. 1 - Screening Hand-Carried Items

(1) All carry-on items that enter the sterile area must be screened.
This can be done through X-RAY INSPECTION or BAGGAGE
SEARCH or a combination of both techniques. Passengers may
require for manual inspection.

(2) There are 2 types of baggage search: (1) Whole baggage search,
use in situations where x-ray inspection cannot be used if the
passenger will not allow an item to be x-rayed. (2) Limited
baggage search, requested by an x-ray operator when an image
indicates a possible threat.

(3) Manual inspections are also required for any item that cannot be
cleared by x-ray inspection because the items size and color
and/or density could mask a weapon (i.e. tool or equipment kits,
umbrellas and flashlights).

(4) Screeners must be extremely cautious where they place their


hands. LOOK BEFORE YOU TOUCH, TOUCH WHERE YOU ARE
LOOKING.

d. 2 - Conducting a Whole Baggage Search

360O Baggage Searches: The screeners shall:

(1) Ask and receive the passengers consent to inspect the bag;

(2) Establish and maintain control of the bag until the bag has been
cleared;

(3) Start the baggage check from the outside of the bag. Look for
any sign that could indicate that the bag has been tampered (i.e.
mismatched hardware re-sew, or re-glued seams etc);

(4) Perform all bag searches in a 360 0 manner. If every bag check is
done using the same systematic procedure each time, it will help
ensure that nothing is missed;

(5) Check the outside of soft bags by feeling for any out-of-the-
ordinary bulge or bump;

(6) Open and check inside all exterior pockets and zipper
compartments;

(7) Check the interior part of the bag in a clockwise direction;

102
(8) Feel the top, sides and bottom of the inside of the bag for any
signs that the interior of the bag has been altered. (i.e. an
unusual lump or thickness, re-sawn or re-glued lining, etc) Space
that cannot be accounted for may be a hidden compartment;

(9) Check all layered or rolled clothing by squeezing or un-rolling it to


ensure that nothing has been hidden inside;

(10) Check the weight of items like stuffed toys, cigarette cartons and
aerosol cans. If items seen unusually heavy, refer it to the
Supervisor.

(11) Open unsealed bottles and carefully smell the contents either by
sniffing the bottles cap or cork, or wrapping the aroma toward
the nose with palm of the hand to ensure that it is not a
flammable liquid;

(12) Scan the pages of the books to ensure that nothing is hidden;

(13) Examine the exterior, interior and contents of backpacks and


garment bags in a clockwise sequence in the same manner as
any other pieces of the luggage.

d. 3 - Limited Baggage Search

(1) If the x-ray image indicates a Possible Threat, any hand-carried


item, including wrapped packages, must be opened for manual
inspection before they can be cleared;

(2) In performing a Limited Baggage Search initiated by the x-ray


machine operator the screener shall:

(a) Ask and receive the passengers permission for the bag to
be inspected;

(b) Limit the area to be inspected to those that cannot be


cleared by x-ray inspection;

(c) Identify the object causing the unidentifiable x-ray shadow;

(d) Check object underneath to unsure that the x-ray shadow is


not used to mask a weapon or other dangerous devices.

d. 4 - Passenger Requesting Manual Inspection

(1) Some passengers are concerned about the effects of x-rays on


computers, electronic devices, audiotape, computer disks,
cameras, and film. Assure the passengers that x-ray units used in
the Philippine Airports will not effect these items. ALL AVERAGE
SPEED, CONSUMER CAMERA FILMS CAN BE SUBJECTED TO THE
X-RAY WITHOUT ANY HARM.

(2) Scientific film x-ray and very high speed film (ISO 1,000 or
higher), should be manually inspected.

103
E. Camera, film, Camera Bags

(1) If a passenger requests manual inspection of a camera bag, ask


the passenger to remove the sensitive contents (i.e. the camera
and/or film). The bag must pass through the x-ray inspection.
This will ensure that if there is anything hidden in the bag it will
be detected. To hand check a camera and/or film, the screener
shall:

(a) Request passenger to remove the lens cap.

(b) Look into the lens and through the viewfinder on all reflex
cameras. If nothing is hidden inside the camera it will be
reflected in an image of the x-ray.

(c) Feel the weight of the camera. If it seems to be unusually


heavy, the passenger should be asked to open the camera
for further inspection

F. Electronic Devices.

(1) Laptop computers, video cameras, compact discs or cassette


players, cellular telephones, radios and other electronic devices
should be cleared through x-ray inspection using standard x-ray
screening procedures.

(2) However, if the passenger requested for manual inspection, the


screener shall:

(a) Ask the passenger to remove the device from its carrying
case;

(b) Screen the device carrying case through x-ray;

(c) Ask the passenger to power-up laptop computer and/or


other electronic device to avoid possible liability if the device
malfunctions. If the device cannot be powered-up, a more
through search should be conducted under the presence of
the Supervisor.

(d) Observe that the unit is operational and note the


passengers familiarity with its operation;

(e) Check the weight of the device;

(f) Check for signs of tampering on the exterior of the device.

Section 3. Guidelines for the Items that shall not Pass into the
Sterile Area.-

(a) Prohibited Items

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(1) Prohibited items include explosives of any kind, incendiaries and
explosives devices (i.e. C4, dynamites, hand grenade etc.) which
are forbidden and must not be allowed into the sterile area. If
intercepted in the screening checkpoint, the holder/owner will be
criminally prosecuted. Such prohibited item should be seized for
use in the investigation and if necessary as evidence in criminal
prosecution.

(2) Prohibited items also include weapons or any item designed to


kill, injure or incapacitate (i.e. knives with blades, other pointed
objects such as Swiss knives, scout knives, pocket ability knives,
etc.) They are likewise not allowed into the sterile area. However,
in case some security items which are considered souvenir items
or in line with the profession of the owner/passenger, two
options can be performed: a) said items could be placed in a
checked-in baggage in coordination with the airline concerned
and b) said item can be turned over to relatives of the
passenger.

(3) Prohibited items can also be voluntarily abandoned by


passengers by placing them in the Security Risk Item (SRI) box
provided in strategic areas near the screening checkpoint. The
passenger shall be duly informed that such item could not longer
be recovered.

(b) Restricted Items

Restricted items are things (i.e. toy gun, martial art devices, etc)
that pose a potential danger to the safety of the passenger and
aircraft. Even though they are not firearms or explosives devices,
they are not permitted in the sterile area or be carried by the
passenger in hand-carried luggage aboard the aircraft.

(c) Hazardous Materials

(1) Hazardous Materials often referred to as HAZMAN are materials


that are capable of posing a significant risk to health, safety or
property when transported by air (i.e. flammable liquids, strike
anywhere matches regardless of quantity, aerosol, detergent
devices, mace, acids, or other corrosive containers, bleaches and
toxic materials such as poison or insecticides.

(2) Passenger shall not be allowed to bring these items in an airplane


in his person, hand-carried luggage or in checked-in baggage.
They will be properly disposed off at the designated SRI box at
the different security checkpoints. Said items when put in the SRI
box could no longer be recovered by its owner.

Section 4. Guidelines for Exceptional Screening

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(a) Security procedures are often times intensified by PNP-ASG in
collaboration with the Airport Management, Airline Operations
Council, United States Transportation Security Agency (US TSA)
and Office for Transportation Security (OTS).

(b) Screeners may sometimes profile or ask passengers some


questions during the screening. The questions are designed to
determine if passengers are absolutely certain of the contents in
their carry-on baggage or not.

(c) Additional procedures may include subjecting articles to another


x-ray examination both in the horizontal and vertical positions,
and/or requiring manual inspection. Passengers are advised to
remove batteries from electric devices. Batteries may be either
allowed in the check-in baggage or surrendered at the screening
check point and further endorsed to the airline staff for proper
handling.

Section 5. Guidelines for Special Screening

(a) Private Screenings

Passengers carrying unusual valuable or sensitive materials may


request private screening. The passenger and hand-carried items will
be inspected out of view of other passengers. The procedure will vary
depending on the physical design of the screening point, but generally
it will be in a closed room or office. The standard procedure requires
that another member of the screening team shall be present during a
private screening.

(b) Passengers under Escort

(1) Certain dignitaries, VIPs, witnesses under protective custody or


prisoners in-transit will be escorted by armed law enforcement
officers (LEO) from PNP-ASG upon request in coordination with
other airport authorities. Armed LEO escorts which are not
organic at the airport shall deposit their firearms at the initial
screening checkpoint consigned by proper receipt.

(2) Dignitaries with appropriate/advance coordination with the


airport authorities will be notified into private or special screening
process.

(3) Security personnel accompanying foreign dignitaries must have


advance coordination with the airport authorities. Only
designated Air Marshalls on duty with MOU with the Philippine
Government will be allowed to board the aircraft with authorized
firearms.

(c) Law Enforcement Officer (LEO)

At the airport, on duty uniformed officers with proper credentials,


serving as law enforcement officers such as PNP-ASG and Air

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Police Department (APD) in prescribed uniform, may pass
through the checkpoint without full screening.

(d) Screening Flight Crew Members

(1) International Civil Aviation Organization (ICAO)/ Philippine


National Civil Aviation Security Program (PNCASP) regulation
requires that flight crews must be subjected to a complete
screening process if they pass through a checkpoint. On-duty
flight crews may sometimes seem impatient because they got
through this process a number of times each day. Any dispute
involving the screening process with flight crew members should
be referred to the area screening checkpoint supervisor. They will
be given priority but they are not are exempted from the
screening processes.

(2) Hand-wand and consented pat-down searches should be


done by the same sex as that of the airport user. Crew members
shall be subjected to normal screening process.

(3) Screwdrivers, flashlights, wrenches or other hand tools


carried in a flight crew member flight bag should be considered
tools of the trade but this shall require additional inspection and
shall not be carried on board the aircraft and must be checked-in.

Section 6. Guidelines for Classified Materials and Diplomatic


Pouches

(a) Passenger carrying classified or sealed materials

(1) Passenger with diplomatic pouches must make prior


arrangements with airport authorities and airline concerned for
these items to be exempted from screening.

(2) Upon presentation of the appropriate identification and


documentation describing the materials to be exempted from
screening to the checkpoint Supervisor, the material designated
in the documentation may pass through the checkpoint without
being x-rayed or searched.

(3) The person carrying the materials must be screened in the same
manner as other passengers. If is the classified materials or so
called diplomatic documents placed in a sealed diplomatic
pouch that are exempted from normal screening but not the
person or other baggage.

(b) Extra-ordinary Items

(1) Some religious articles, medical lifesaving and scientific


items, legal evidences and crematory containers (burial urns)
may be exempted from x-ray inspection and/or manual
inspection if they cannot be opened without damaging it or its

107
content. However, proper documentation and chain of custody
will be scrutinized. Prior arrangements must be made with airport
authorities and airline concerned where the passenger is
traveling.

(2) The passenger must have documentations to verify the


contents of the item to be exempted and personal identification.
The passenger should undergo the standard screening
procedures.

(c) Infants and Small Children

(1) Passengers traveling with infants or children shall be asked


to remove child from child carrier device and should carry the
child through the walk-thru metal detector. The child carried
device shall be passed through the x-ray machine.

(2) Be sure that the child carrier is not placed on the x-ray
machine conveyor belt until the child has been removed.

(3) If the passenger does want to remove the infant from the
carrier, the infant in the carrier must pass through the walk-thru
metal detector. When the metal detector alarms, both must be
cleared by the hand held metal detector for alarm resolution.

(4) Children in strollers should be removed from the stroller


and be required to pass through the metal detector. If the child
cannot walk, the child should be carried and passed through the
walk-thru metal detector by the person accompanying the child.
When the metal detector alarms, both must be cleared by the
handheld metal detector. Enough alarm between the person
coming the baby and the baby for alarm resolution.

(5) The stroller should be cleared through the x-ray.


Nevertheless, special scrutiny should be taken to ensure that
pockets or container on the stroller and the under side are all
inspected.

(d) Physical Impaired Passengers

The screening process can be difficult, physically demanding or


an embarrassing experience for a physical impaired passenger.
However, screeners must ensure that these passengers are
thoroughly screened with considerations to passengers physical
conditions.

(e) Wheelchair Passengers

(1) They should be asked if it is possible for them to pass the


walk thru metal detector or stand far enough away from the
metal wheelchair to allow a hand held metal detector search. If
this option is impractical the passenger should be processed
using the appropriate method.

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(2) If this is not possible, request the passenger for a whole
body pat down search. Always search the wheelchair to make
sure that there are no weapons or explosives devices concealed
in any part of the chair. Hand-carried items should bass through
x-ray screening.

(3) Wheelchairs should be searched systematically from the


backrest leather canvass, the external pockets, going to the arm
rest, down to the seat cover from front and back. Inspect
properly the wheel of the chair and the adjusting gear for any
signs of tampering to ensure that no weapons, explosives or
parts of an explosive are hidden thereat.

(4) Direct the handler of the wheelchair to pass through the


walk thru metal detector for normal screening process and the
hand carried luggage to pass through the x-ray machine.

(5) Advise the handler to standby and wait until the inspection
of the handicapped passenger and wheelchair are completed
before reconciliation.

(6) Should there be other route going to the sterile pre-


departure lounge, the checkpoint Supervisor should mark the
luggage and affixed signature at the back of the boarding pass as
a sign that they passed through the final screening process.

(7) The wheelchair passenger must be escorted by any


member of the screening team to ensure integrity of the
inspection conducted.

(8) The same procedure above should be used to process


passenger on stretchers or carts;

(f) Visually Impaired Passengers

If a visually impaired passenger is traveling without a companion,


he/she must be escorted by the airline staff and should be
required to pass through the normal screening procedures. They
must divest themselves of metal canes or other guide devices
before walking (or being assisted) through the walk thru metal
detector.

(g) Hearing Impaired Passengers and Passengers with Language


Barriers.

They should be processed using the standard screening


procedures. Face the passengers and speak clearly and slowly,
pointing or pantomiming the necessary actions and/or
movements which maybe useful to help communicate with the
passenger.

(h) Passengers with Pacemakers or Other Implantable Medical


Devices

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Passengers should be search by hand winding the body areas
away from the device. A pat down search can clear the area
where the device is implanted. The passenger will be subjected
to a whole body pat down search.

Section 7. - Duties and Responsibilities

Duty Officer shall:

(a) Monitor all activities and make necessary incident reports; and

(b) Perform other tasks as directed by Chief, Police Center for


Aviation Security (PCAS).

Screening Checkpoint Supervisors shall:

(a) Ensure presentability of all members of the screening team;

(b) Make sure that sufficient numbers of personnel are deployed in


all the screening checkpoints during tour of duty;

(c) Make sure that all equipments at the different screening


checkpoints are operational, passed the required test and
recorded in the logbook;

(d) Ensure that each member of the screening team implements


properly their respective duties and functions;

(e) Monitor and supervise all personnel;

(f) Act on matters that need immediate action; and

(g) Perform other task as may be directed by duty officers and Chief,
Police Center for Aviation Security (PCAS).

RULE 36
PROTECTIVE SECURITY PROCEDURE

Section 1. Definition of Terms


(a) Protective Security - is the state or quality of being secure or
free from danger and uncertainty. It can also be any of various means or
devices designed to guard persons and property against a broad range of
hazards.
(b) Threat - is an indication of something impending and usually
undesirable or unpleasant, with an intention to inflict evil, injury or damage
on another, usually as retribution or punishment for something done or left
undone. It is an expression of an intention to inflict loss or harm on
another by illegal means, and especially by means involving coercion or
duress over the person or his welfare.
(c) VIP - refers to government officials, foreign dignitaries, private
individuals authorized to be given protection.

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(d) Government vital installation - refers to facility directly
owned and operated by and/or for the government the security of which is
of vital concern due to the critical and symbolic importance of its
continuous operation
(e) Sabotage - refers to the action against materials, premises or
utilities or their production which may injure, interfere with or obstruct the
national security or ability of a nation to prepare for or carry on a war.
(f) Subversion - refers to a clandestine or covert action designed
to undermine the police, military, economic, psychological, morale, or
political strength of a regime. Is an act that seeks to overthrow a
constituted government. It is also an act or instance of subverting.

A. VIP SECURITY PROCEDURE


Section 2. - When Protective Security May Be Authorized. As a
matter of policy, no uniformed personnel of the PNP shall be detailed as protective
security except for those enumerated of Section 3 of this Rule and in highly
exceptional cases and under the following conditions:
(a) That the applicant requesting for security is under actual threat/s of
death and/or physical harm;
(b) That the threat/s after due evaluation, is assessed to be imminent
or highly possible of accomplishment:
(c) That the applicant has no pending criminal case nor is he the subject
of a case being investigated by the PNP; and
(d) That the security may be withdrawn anytime when the demands
of the PNP so require even before the expiration of the detail.
Section 3. - Request for Protective Security Detail. The request for
protective security shall be made in writing to the C, PNP stating therein in detail
the existence of threat/s to justify the grant thereof and his willingness to abide
by the rules and regulations governing such protective security.
However, the Chief, PNP in the exigency of the service shall detail
protective security personnel for the following personages even in the absence of
a written request:
(a) The President of the Republic of the Philippines
(b) The Vice President of the Republic of the Philippines
(c) President of the Senate
(d) The Speaker of the House of Representatives
(e) The Chief of Justice of the Supreme Court
(f) The Secretary of National Defense
(g) The Secretary of the Interior and Local Government

Section 4. - Threat Assessment and Evaluation. The power to


evaluate or assess the existing threat /s is lodged with the Chief, PNP or his duly
authorized representative.

Section 5. - Authority to Detail Protective Security. The Chief,


PNP or his duly authorized representative is vested with the authority to detail
protective security for a period not exceeding six (6) months.

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Where the period of protective security exceeds six (6) months but not
more than one (1) year, the authority to detail protective security is lodged with
the Chairman of the Commission upon prior recommendation of the Chief, PNP
with the exception of paragraph 2, Section 2 hereof.

The protective Security of local executives from the level of the provincial
governors down to the lowest elective officials shall be acted upon by the Chief,
PNP with prior recommendation from the respective PNP Provincial or Regional
Directors: Provided, that PNP personnel detailed for protective security must be
assigned with the Police Security and Protection Office.

Section 6. - Limitations In the Grant of Protective Security. The


following limitations shall be observed in the detail of protective security:
(a) Detail of PNP personnel as protective security shall at all times be
covered with appropriate Letter Orders signed by the authorized
head of office.
(b) Only PNP personnel with the Rank of PO1 to SPO3 shall be
detailed for protective security. Police Commissioned Officers may
be detailed as protective security only upon the approval of the
Chairman, NAPOLCOM/SILG.
(c) The number of detailed PNP member for every private VIP is
limited to one, unless justified by a confirmed threat on his person
(d) Their duties shall be confined to protective functions and do not
include the use of security detail:
(i) as security guard, gatekeeper, family driver, errand boy
and other similar utility tasks;

(ii) as employees in the VIP's business establishments;


(iii) as an instrument to avoid inquiry or investigation by law
enforcement agencies;
(iv) as caretakers or trustees of fixed and/or movable assets of
the VIP; and
(v) as an instrument to harass or intimidate other people;
(e) The detailed PNP member should only render protective
services to the intended VIP and is not allowed to shift his duty to
other individuals;
(f) The detailed PNP member is proscribed from going with the
VIP on a trip outside the country. In such cases the security detail
shall report back to his/her mother unit within 48 (forty-eight)
hours from the time of departure.

Section 7. Requirements for Protective Security Personnel.


The protective security personnel:
(a) Must not have a pending criminal and/or administrative case;
(b) Must be trained in VIP Security and Protective Course;
(c) Must have completed a short term course or seminar in first
aid or other related safety courses;

112
(d) Must observe proper decorum in the performance of his/her
duties;
(e) Must wear the prescribed uniform at all times, except
when the occasion so warrants;
(f) Must be required to report to his/her mother unit every 15th
days for accounting, mission reorientation and inspection of
equipment; and

(g) Must submit every end of the month to his mother unit a periodic
threat assessment/evaluation report.

B. GOVERNMENT VITAL INSTALLATIONS SECURITY PROCEDURE


Section 8. Authority to Detail Protective Security. The Director,
Police Security and Protection Office (D, PSPO) shall detail appropriate number of
protective security personnel to the different government vital installations to
ensure that these are safe from sabotage and acts of terrorism.
Section 9. Procedures. The following are the procedures to be
observed in the detail of protective security of government vital installations:
(1) The duties of the security detail shall be confined only to area
protective functions such as: perimeter outpost sentinels, gate
sentinels, building sentinels and roving sentinels.
(2) Area protective security details shall not be utilized as:
a. Personal protective security detail (bodyguard).
b. Drivers, errand boys and other similar utility tasks.
c. To harass or intimidate other people for any purpose
under any circumstances.
d. To avoid inquiry or investigation by law enforcement
agencies.
e. To implement/serve Warrants issued by either the
Senate or House of Representatives.
(3) All security details shall be covered with appropriate Letter Orders at
all times.
(4) The security detail orders shall indicate the name of the vital
installation being accorded actual protection. The security detail
shall not render protection on other installation not specified in the
orders.
(5) The termination of detail shall likewise be covered by appropriate
orders.
(6) The detail of area protective security personnel shall be reported to
the Directorate for Intelligence (DI), NHQ, PNP, within 24 hours of
deployment and termination. A monthly report shall also be
submitted to the DI.
Section 10. Coordinating Instructions.
(a) Area protective security detail must be trained in VIP Security and
Protection Course and Vital Installation Protective Security Course.

113
(b) Area protective security detail must have completed a course or
seminar in first-aid or other related safety courses.
(c) Area protective security detail must not have pending criminal and/or
administrative case.
(d) The area protective security detail must observe proper decorum in
the performance of their duties.
(e) The area protective security detail must wear proper uniform or
appropriate attire as circumstances and/or occasions warrant
during the actual tour of duty.
(f) The area protective security detail must not engage in any illegal
activities.
The security detail must maintain the dignity of his uniform by performing
only the duties befitting an honorable and respectable law enforcer.

RULE 37
DISASTER PROBLEM IDENTIFICATION

Section 1. Specific Police Duties:

(1) Organize and direct the communitys effort to restore order out of
chaos.
(2) Direct rescue operations
(3) Supervise evacuation where necessary
(4) Seal off and isolate the scene
(5) Patrol the area and protect property
(6) Establish communications
(7) Control traffic and curious persons
(8) Reunite broken separated family members
(9) Identify the dead

Section 2. Necessity for Positive Identification of Deceased

(1) Legal settlement of estates


(2) Insurance policies
(3) Business relationships
(4) Remarriage of survivors
(5) Objective of identification work

Section 3. Organization of Disaster Identification Team

(1) When several agencies (like NDCC or task forces) agree to work
together, they may also agree on which agency will take the lead.

(2) When expert assistance is required, the type of services and the
number of persons to be employed will be dependent on the
magnitude of each problem. Expert assistance may be required in
various fields to include morticians, doctors, dentists, pathologist and
identifications specialists able to employ special fingerprint techniques.

Section 4 . Recovery of Bodies

114
(1) In the rescue and retrieval operations, special equipment, such as
bulldozers, cranes, boats, etc. may be needed.

(2) Record the location of the body. When a casualty is found, the body
should be tagged and numbered and the exact place of recovery
indicated.

(3) Body tag number. Fingerprint card must correspond to the tag number
of the body from which the prints were taken.

(4) Personal effects should be placed in a container and properly identified


as to the place of recovery and body number, and kept with the body.
If there is any question concerning them, they should be handled as
separate items.

Section 5. Centralized Receiving Morgue

(1) Litters and body covers, cadaver bag, blanket or a sheet are needed.

(2) Location and size of morgue. The morgue should be readily accessible
to the scene of the disaster and be able to accommodate a large
number of persons who will later require access.

(3) The master numerical log should be established upon arrival of the
body at the morgue.

Section 6. - Preliminary Body Examination

(1) Physical characteristics Teeth for dental works; operation and other
scars, deformed legs, arms or fingers; amputations; color of hair and
eyes; race; approximate height and weight; age; tattoos and any
other identifying characteristics. Jewelry and pocket contents are most
important.

(2) Fingerprinting. The most positive, reliable and infallible means of


identification is through fingerprinting.

(3) Jewelry and pocket contents help in the identification of victims.

(4) Clothing also helps in the identification of victims

RULE 38
COMPUTER CRIME INCIDENT RESPONSE PROCEDURE

Section 1. Computer Crime Response Defined. - Computer Crime


Response is the actual police intervention in a computer crime incident where the
acquisition of matters of evidentiary value is traceable within the computers
hardware, software, and its network.

Section 2. Guidelines for Computer Crime Incident First


Responder.

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(a) When responding to a computer crime incident, or to a scene of the
crime where computers (or electronic device, digital media, and other similar
devices) are present, it is imperative for the first responder to be able to protect,
seize, and search the same and to be able to recognize potential evidence, using
the following questions as guidelines to determine its role in the commission of
the crime :

(1) Is it contraband or fruit of a crime?


(For example, was the computer software or hardware stolen or is it
counterfeit?)

(2) Is it a tool used in the commission of the crime?


(For example, was the computer system actively used to commit the
crime? Were fake IDs or other counterfeit documents prepared using
the computer, scanner, or color printer?)
(3) Is it only incidental to the crime, i.e., being used to store evidence of
the crime?
(For example, is a drug dealer maintaining his trafficking records in his
computer?)
(4) Is it both instrumental to the crime and a storage device for evidence?
(For example, was the computer used to attack other systems and
also used to store stolen credit card information?)

(b) After identifying the theories respecting the role of the computer in the
commission of the crime, the following questions, essential to any further police
intervention, should be considered by the first responder:

(1) Is there probable cause to seize hardware?

(2) Is there probable cause to seize software?


(3) Is there probable cause to seize data?
(4) Where will the search and seizure be conducted?

(c) Search of computers (or electronic device, digital media, and other
similar devices) and seizure of data therefrom require a warrant issued by the
court after finding probable cause; use of appropriate collection techniques so as
not to alter or destroy the data sought to be seized; and forensic examination
completed by a trained personnel in a speedy fashion with expert testimony
available for trial.

Section 3. Search and Seizure of Computer. - After the role of the


computer in the commission of the crime has been identified, and the legal
requirements have been complied with, the following are the guidelines for the
conduct of search and seizure:

(a) Secure the Scene

(1) Officer safety is always paramount


(2) Preserve area for potential fingerprints
(3) Immediately restrict access to the computer
(4) Isolate from phone lines

(b) Secure the Computer as Evidence

116
(1) If computer is "OFF", do not turn "ON"
(2) If computer is "ON", do not turn it on, nor touch its mouse or
keyboard
For Stand-Alone Computer (non-networked)

(1) Consult computer specialist


(2) If specialist is not available
(2.1) Photograph screen, then disconnect all power
sources, unplug from the wall AND the back of the
computer;
(2.2) Place evidence tape over each drive slot;
(2.3) Photograph (or make a diagram) and label
back of computer components with existing
connections;
(2.4) Label all connectors and cable end to allow
reassembly as needed (Example: Socket marked
A and the cable End also marked A );
(2.5) If transport is required, package the
components as fragile cargo, prior to transport;
(2.6) Keep away from magnets, radio transmitters, and
from other hostile environment
(2.7) Ensure that only a computer forensic expert will
conduct the search for any evidence contained in the
computer hardware
(2.8) Ensure that the computer hard disk should be
duplicated by the forensic expert and the original
should be kept by the evidence custodian for future
court presentation. Further search and analysis shall
be undertaken using only the imaged disk

For Networked Computers (or business computers)

(1) Consult a Computer Specialist for assistance


(2) Doc. not immediately pull the plug to prevent
(2.1) Severely damaging the system
(2.2) Disrupting legitimate business
(2.3) Creating officer and department liability

Section 4. Guidelines in Treatment of Other Electronic Storage


Devices. - The first responder should understand that other electronic devices
may contain viable evidence associated with the crime. The first responder must
ensure that, unless an emergency exists, the device should not be accessed.
Should it be necessary to access the device, the first responder should ensure that
all actions associated with the manipulation of the device should be noted, in
order to document the chain of custody and ensure its admission as evidence in
court.

Section 5. Search and Seizure of Wireless Telephones. - (a) The


first responder should be able to recognize the following potential evidence
contained in wireless telephone devices:

(1) Numbers called

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(2) Numbers stored for speed dial
(3) Caller ID for incoming calls
(4) Other information contained in its memory

(a) Phone/pager numbers


(b) Names and addresses
(c) PIN numbers
(d) Voice mail access number
(e) Voice mail password
(f) Debit card numbers
(g) Calling card numbers
(h) E-mail/Internet access information
(i) The on screen image

(b) After the role of the wireless telephone device in the commission of
the crime has been identified, and the legal requirements have been complied
with, the following are the guidelines for the conduct of search and seizure:

(1) If the device is "ON", do NOT turn it "OFF"

(i) Turning it "OFF" could activate lockout feature

(ii) Write down all information on display and, if possible,


secure a photograph

(iii) Power down prior to transport (take any power supply


cords present)

(2) If the device is "OFF", leave it "OFF"

(i) Turning it on could alter evidence in the device


(ii) Upon seizure, take it to an expert as soon as possible, or
contact local service provider
(iii) If an expert is unavailable, USE A DIFFERENT TELEPHONE
and contact 1-800-LAWBUST (a 24:7 service provided by
the cellular telephone industry)
(iv) Make every effort to locate any instructions manual
pertaining to the device

Section 6. Search and Seizure of Electronic Paging Devices. - (a)


The first responder should be able to recognize the following potential evidence
contained in electronic paging devices:

(1) for numeric pagers, numeric digits and numbers and code
being communicated;
(2) for alpha numeric pagers, numbers, letters, full text
stored;

118
(3) for voice pagers, voice communications transmitted and
alpha numeric codes stored;
(4) for 2-way pagers, incoming and outgoing messages stored
;

(b) The first responder should remember that search of stored data in an
electronic paging device can be made only when incidental to a lawful arrest;
when consent has been given; when a warrant has been issued after finding of
probable cause. The first responder should also remember that, once the
electronic paging device is no longer in proximity to the suspect, it must be turned
off because continued access to the electronic communication over the device,
without proper authorization, can be construed as unlawful interception and can
affect its integrity as evidence.

Section 7. Search and Seizure of Facsimile Machines. - (a) The


first responder should be able to recognize the following potential evidence
contained in electronic paging devices:

(1) Speed dial lists


(2) Stored faxes (incoming and outgoing)
(3) Fax transmission logs (incoming and outgoing)
(4) Header line
(5) Clock setting

(b) The first responder should remember that, if the fax machine is "ON",
powering it down may cause loss of the last number dialed or other stored fax
numbers. The first responder should also remember that the header line should be
the same as the phone line, and that if possible, all manuals should be seized
along with the machine.

Section 8. Search and Seizure of Caller ID Devices. - (a) The first


responder should be able to recognize the following potential evidence contained
in caller ID devices:

(1) Telephone numbers


(2) Subscriber information from incoming phone calls

(b) The first responder should remember that interruption of the power
supply to the caller ID device may cause loss of data if not protected by an
internal battery backup. The first responder must also ensure to document all
stored data prior to seizure of the device, otherwise, loss of data may occur.

Section 9. Tracing an Internet E-mail. - The first responder should


remember that, with respect to sent internet e-mail messages, the user typically
controls only the recipient line (s) (To and Bcc) and the subject line while the mail
software adds the rest of the header information as it is processed. (See page ---
for a sample of an internet e-mail header.

RULE 39
INVESTIGATIVE PROCEDURE ON SEX CRIMES

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Section 1. Salient Principles of Sex Crimes. -

(a) It is triggered by emotion. A person who commits a sex crime


has lost control of his emotions. It is not something one can sit
out and analyze. It is a compulsion that comes from deep within
the person.

(b) Gratification of the sex drive is often accomplished in strange and


disguised ways. It involves an addiction to a certain kind of
sexual satisfaction. Sex is what makes a person feel good one
has to understand this, when investigating sex crimes.

(c) The motivation for crimes committed by insane persons is so


often obscure and so illogical as to defy analysis.

(d) Most sex offenders have peculiarities that fall under any of the
following categories:

(i)Fetishism object compulsively used in attaining sexual


gratification

(ii) Symbolism the representation of things by use of


symbols,

(iii) Especially in fine arts or literature.


-system of symbols
-symbolic meaning
-a group of symbolist, as in art, or literature

(iv) Ritualism. Sex offenders with this peculiarity use the


same approach or pretext all the time. This helps you
determine if your suspect is the same individual involved
in another case.

(v) Sex fantasy or dream world. Here, the sex fantasy


overcomes the offender who puts his dreams into
reality to see if he could feel even better. It is
important to him.

(vi) Sadism Sexual satisfaction through acts of cruelty.

(vii) Masochism Sexual satisfaction through being


humiliated, hurt or beaten.

(viii) Sado-Masochism Inflicts injury and at the same time


enjoys having injury inflicted upon him.

Section 2. The Sex Crime Investigator. -

(a) Get the facts no matter how embarrassing to those interviewed

(b) Be intensely suspicious. Watch out for words spoken that might
reveal both the victim or suspect away.

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(c) Be extremely curious. Get to know what goes on in the mind of
both the victim and the sex offender.

(d) Understand all the little overtones of sex offenses.

(e) Possess interviews skills. This may be attained if the investigator


understands the crime he is interviewing about.

(f) Have the ability to analyze and to grasp the significance of


details.

(g) Be thoroughly capable investigators in all phases of the criminal


inquiries.

(h) No crime is harder to prove and no crime is harder to disprove


than sex crimes. Use good sense to prove you hit somebody with
this charge.

(i) Be intensely interested in the solution of this type of case.


Remember that the offender is likely to commit another crime of
the same kind.

(j) Take all complaints seriously. Remember that sex offenders will
do things that ordinarily are hard to explain.

(k) Establish reliable informants, especially in places where children


gather.

Section 3. Analysis and Evaluation of Every Complaint. -

(a) The accusation may be an excuse to cover escapades, or to


secure sympathy.

(b) Be particularly analytical of charges made by children


(neighborhood grudge). Children can be mean and vengeful.

(c) Look into the possibility of blackmail.

(d) Change of life, hallucinations, daydreams should be considered.


There are those whose dreams assume the proportion of reality.

(e) Martyr complex must be elaborated

(g) Desire to be in the limelight (publicity-seekers)

Section 4. Investigative Techniques. -

(a) Determine patterns (ritualism)

(i) Weather has an influence on abnormal people. For example:


raindrops on the roof, fog, heat, new moon and full moon etc.
(ii) The time and day

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(iii) Type of victim. Examples: Invalids, little fat girls, skinny boys,
old women etc.
(iv) Get details on the choice of clothing (fetish)
(v) Odor. It can be anything, from the most filthy smell to the
smell of trees.
(vi) Type of weapon used razor, knife, wire, etc.
(vii) Words used. Chances are he will use the same words in
succeeding sex crimes.
(viii) Determine his exact approach.

(b) Everyone is a suspect.

(i) Never try to excuse from involvement a suspect who is not the
type religious, educated, responsible, etc.
(ii) Consider relatives and friends of the family.
(iii) Understand that love is closely associated with sex. Man is
made up of a mass of emotions. You will never know what goes
on in his mind. You never know what circumstances would
compel him to commit a sex crime.

(c) Conduct investigation of all suspects by the Inner-Outer Ring method.

(i) One set of investigators concentrates on the victims inner circle


such as relatives, friends of the family, as well as the victims
schoolmates or business associates, neighbors, servicemen
(milkman, newsboys, etc.)
(ii) The Outer Ring men concentrate on conditions and
circumstances not immediately concerned with the private life
of the victim.

(d) Search of persons and places. Perverted sex offenders sometimes


need paraphernalia (excitement aids). Therefore, they may have a
collection of fetishes, symbols, aphrodisiacs, and excitants such as
pornographic material, etc.

(i) Ask a suspect to explain everything he has


(ii) Search suspects car.
(iii) Search suspects home and office
(iv) Check with suspects friends.

(e) Interviews of sex offenders.

(i) Employment path. This names putting yourself in the position


of the suspect you are questioning. To think as they thought,
feel as they felt and act as they acted.

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(ii) Show a definite understanding and sympathy.
(iii) The opening is most important. Dont fumble around. Prepare
for it.
(iv) Employ face-saving whenever possible; such remarks as
would help the suspect talk of the crime without feeling of guilt
or shame.
(v) Privacy in this case is very important because in digging into
the mind of the suspect, the investigator has to ask very
personal questions.
(vi) Explore his mind to find out what kind of a sex offender he is.
(vii) Explore his life for the same purpose.
(viii) You must understand the language of sex offenders if you want
to know what they are talking about
(ix) Consider the emotional approach method. There are suspects
who react favorably to this method.
(x) Learn how to listen. Some of the best interviewers are those
who have learned to listen.
(xi) DONTs in interviewing the victim:

(1) Dont joke. It is not a situation for a joke


(2) Dont display avid curiosity.
(3) Dont bring unnecessary people into the room.
(4) Dont indicate doubt to the victim.
(5) Dont be perfunctory or indifferent
(6) Dont be sexy
(7) Dont put yourself in a compromising position
(8) Dont put words into her mouth
(9) Dont entertain a hunch that a certain person committed
the crime and then begin to guide the victim to your
way of thinking.
(10) Dont try to put false courage in your witnesses. There is
no substitute for honest-to-goodness analysis of the
situation.

RULE 40
INVESTIGATION OF GRAFT AND CORRUPT PRACTICES CASES

Section 1. Investigation of Unexplained Wealth. -

(a) Information Sheet (IS) of Subject


(b) Records of employment in and out of the government
(c) Statement of incomes, allowances, per diems, etc.
(d) Statement of Assets and Liabilities
(e) Records of real and personal property, such as lands,
houses, vehicles, animals, shares of stocks, bonds and other
investments, etc. (Their acquisition costs should be
determined).

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(f) Income Tax Returns (all available)
(g) Bank records where Subject has contracted loans
(h) Savings and time deposits, and current accounts, as an
exception to the application of the Secrecy of Bank Deposits
Acts (R.A. 1405).
(i) Interviews of persons who can give information as to
the property of Subject, their sources, whereabouts, costs, etc.
(j) Follow up all leads, appearing in all the records,
documents secured, as to Subjects assets and liabilities.
(k) Others as indicated by the peculiar circumstances of the
case.
(l) Explanation of the Subject if he so elects.

Section 2. Formula in Establishing the Case. -

(a) Determine the Subjects asset and liabilities (net worth) before
assumption of public office.
(b) Determine the Subjects sources of income during his tenure of
office.
(c) Determine the Subjects expenses (to be deducted from his
income) during his tenure of office.
(d) Determine the Subjects assets and liabilities (net worth) after
his tenure of office
(e) Determine the Subjects increase / decrease in assets and
liabilities (net worth) after his tenure of office.

Section 3. When is there Illegal Enrichment in Office. -

(a) With Subjects income and expenses constant, an increase in


assets without a proportionate increase in liabilities.

(b) Where Subjects income has increased and expenses constant,


an increase in liabilities must be compared to the increase in
income. Where the increase in assets far exceeds the increase
in income, illegal enrichment is very probable.

(c) Decrease in income / increase in expenses and decrease in


liabilities are factors that strengthen a case of illegal enrichment
where there is an apparent increase in assets.

RULE 41
INVESTIGATION OF FALSIFICATION CASES

Section 1. Specimen or Standard Writings. - To prove


falsification, it is usually necessary for an investigator to secure a specimen of the
suspects handwriting for comparison purposes. There are two (2) classes of
specimen or standard writings. One consists of writing or printing executed from
day to day in the course of business, social or personal affairs. Such standards
may be referred to as collected standards. The second class consists of specimens
of the persons writing or printing executed upon request of the investigating

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officer for the sole purpose of comparison with the questioned documents and are
generally known as requested or dictated standards.

(a) Procedure for Obtaining Collected Standards:

(i) Obtain at least 15 to 20 genuine signatures.


(ii) If investigation is about other specimens of handwriting or
handprinting, secure at least 4 to 5 pages of handwriting or
handprinting.
(iii) Procure ink signature for comparison with questioned ink
specimens and pencil standards for comparison with questioned
pencil specimens.
(iv) Secure, when available, genuine signatures used for the same
purpose as the questioned documents.
(v) Procure standard signatures of approximately the same date as the
disputed documents.
(vi) If questioned signature was written under unusual conditions,
attempt to obtain some specimens which were executed under
similar conditions.
(vii) Secure, whenever possible, some signatures written on forms or
paper of the same size as the questioned document.

(b) Procedure for Obtaining Requested Standards:

(i) Obtain at least 25 to 30 specimen signatures.


(ii) If inquiry pertains to extended handwriting or handprinting, dictate
at least 5 to 6 pages of material, including approximately one page
which is repeated three (3) times.
(iii) If possible, have writer make out specimen checks or receipts aside
from his signature.
(iv) If questioned signatures are in ink, have suspects write with a pen;
if in pencil, with a pencil.
(v) Require suspects to write each signature on separate sheets of
paper or form.
(vi) Provide paper forms of the same size, shape, composition and
ruling as the questioned document.
(vii) Whenever possible, always interrupt preparations of standards
once or twice for rest periods.
(viii) Provide normal writing conditions. If questioned writing is known
to have been executed under unusual conditions, obtain some
standards under similar conditions.

c. Sample model for Requested Handwriting Standards.

Our London business is good, but Vienna and Berlin are quiet. Mr D
Lloyd has gone to Switzerland and I hope for good news. He will be there
for a week at 1496 Zermott St. and then goes to Turin and Rome and will
join Col. Parry and arrive at Athens, Greece, Nov. 27 th or Dec. 2nd Letters
there should be addressed: King James Blvd., 3580. We expect Chas F.
Fuller Tuesday. Dr. L Monquiad and Robt. Unger Esq., left on the Y.G.
Express tonight.

RULE 42

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ESTAFA, BOUNCING CHECKS AND BANK FRAUD INVESTIGATION

Section 1. Bank Fraud Investigation. -

(a) Preliminary Steps

(1) There must be a complaint


(2) Ascertain the possible crime committed
(3) Determine the particular bank transaction(s) involved

(b) Investigative Steps

(1) Determine what document(s) is / are needed to prove the


offense, if any.
(2) Determine where and how to get them.
(3) Get the document (physically) by electrocopying,
photographing, etc. without delay.
(4) Evaluate and analyze the documents' probative value.
(5) Determine the person(s) to be interrogated.
(6) Study and formulate the mode and scope of the interrogation.
This includes confrontation and identification of documents by
the person(s) under interrogation.
(7) Verify and follow up leads furnished by the person(s)
interrogated.
(8) Apply standard investigative techniques.
(9) Collate and evaluate evidence techniques
(10) Prepare the report.

(c) Documents Involved in Particular Bank Transactions.

(a) Foreign Letter of Credit (L/C):

(i) Application and agreement for commercial L/C.


(ii) Firm offer or pro form invoice or cable quotation
(iii)The Letter of Credit itself.
(iv)Offering ticket.
(v) Official receipt (for marginal deposit)
(vi)Check (used in making marginal deposits)
(vii) Cable ticket
(viii) Credit / Debit advice
(ix)Insurance policy
(x) Bill of lading
(xi)Certification issued by the Bureau of Customs
(xii) Certification issued by the Central Bank

(b) Telegraphic Transfers:


(i) Application for purchase of foreign exchange for
miscellaneous purposes.
(ii) Evidence of indebtedness to support the application
(such as invoice, statement of account, and other
shipping documents.
(iii) Certification issued by the agents bank
(iv) Debit ticket
(v) Cable Advice

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(vi) Telegraphic transfer
(vii) Credit ticket
(viii) Official receipt
(ix) Check used.
(x) Specimen signatures.

(c) Real Estate Mortgage Loan:


(i) Loan application
(ii) Torrens Title and / or tax declaration
(iii) Inspection and appraisal report
(iv) Credit investigation report
(v) Loan approval memorandum
(vi) Promissory note
(vii) Real Estate Mortgage contract
(viii) Deed of Sale of the property used as collateral
(ix) Board minutes relative thereto.
(x) Check used in the withdrawal of the loan

(d) Encashment of Out-of-Town Check


(i) Check
(ii) Remittance Slip (prepared by the bank which honored
the check for encashment).
(iii) Tellers block sheet ( prepared by the bank which
honored the check for encashment)
(iv) Clearing and distributing clerk block sheet (prepared by
the bank which honored the check for encashment).
(v) Accounts block sheet (prepared by the bank which
honored the check for encashment.
(vi) Monthly reconciliation statement (prepared by the Head
Office of the bank which honored the check in question.

(e) Time Deposit


(i) Deposit slip
(ii) Certificate of time deposit
(iii) Check used
(iv) Tellers proof sheet
(v) Tellers daily record of deposits
(vi) Check register
(vii) Individual ledger card
(viii) Withdrawal slip
(ix) Books of accounts
(x) Specimen signatures card.

(f) Demand Draft


(i) Application
(ii) Demand Draft
(iii) Cashiers check

(g) Trust Receipt


(i) All documents needed for foreign L / C.
(ii) Invoice (only in case of domestic L / C)
(iii) Draft

127
(iv) Trust receipt

(h) Over Draft Line


(i) Agreement for advances in current account
(ii) Bank Resolution
(iii) Collaterals used; that is, either the Real Estate Mortgage
or assignment of deposit.
(iv) Check used by the bank client

(i) Domestic L / C.
(i) Invoice
(ii) Draft or promissory note
(iii) Trust receipt

(j) Cashiers Check


(i) Application
(ii) Cashiers check
(iii) Check used, if any. (Sometimes, applicant uses checks in
buying cashiers check)

(k) Money Market


(i) Promissory Note
(ii) Call slip
(iii) Repurchase agreement
(iv) Check used.

(l) Encashment of Fake and / or Forged Foreign Checks


(i) Check involved
(ii) Debit and credit ticket
(iii) Withdrawal slip
(iv) Passbook

(v) Specimen signatures card


(vi) Debit and credit advice
(vii) Affidavit of the real payee
(viii) Return slip
(ix) Blue paper (the schedule of receipts of collection items)
(x) Deposit slip

RULE 43
ARSON INVESTIGATION

Section 1. Preliminary Investigation. -

(a) Examination of the fire scene

(i) Examination should be thorough


(ii) Establish the corpus delicti by eliminating all natural or
accidental causes.

128
(b) Take photographs of the following:

(i) Exterior elevations


(ii) Identification of the property
(iii)Out-building and grounds
(iv) Interior of the building, room by room, in logical
sequence.
(v) Evidence, prior to removal, in close-up and wide angle
shots.
(vi) Travel of fire and to burn or reduce to charcoal.

(c) Sketches

(i) Before the fire: A sketch is made to assist firemen and


investigators in presenting a clear picture of the involved
building to the court. The sketch may be approximate or
accurate, depending upon the availability of the
investigator. It should show clearly the rooms, halls,
closets, doors, windows and stairs. It should show utility
leads into the building. In commercial or industrial
buildings, the sketch should locate the standpipe, audible
alarm bell, elevators or any other pertinent factor
involving the investigation of the fire.

(ii) After the fire: The whole layout should be sketched


indicating therein exact places where articles, etc. were
found and the position thereof.

(d) Laboratory

(i) Evidence must be collected, identified and preserved and


then transported to the laboratory in the best possible
condition. Every effort should be made to prevent
contamination of materials secured as evidence.
Containers for evidence may consist of heavyweight
plastic bags of various sizes, clean glass mason jars with
rubber washers and screw tops, metal cans with clean
cardboard or plastic boxes of assorted sizes.

(ii) Evidence containing latent prints should be protected so


as not to smudge or destroy the prints.

(iii) A letter of instruction should be sent to the laboratory


with the evidence, describing the same and what the
investigator expects the laboratory technician to recover
via the various laboratory processes.

(e) Preliminary interview with the owners / occupants.

This interview is conducted to ascertain the names of


owners / occupants, insurance data, employment, etc.
Warning: Nothing should be said or implied during this
interview to indicate any suspicion towards the person
preliminary contracts may provide a possible clue as to

129
an accidental fire, or leads on possible suspects and
motives.

(f) Insurance

(i) The insurance agent of broker will provide the names of


the company(ies), policy number(s), terms of the
insurance and expiration dates, mortgage payable clause,
name of the adjuster, and whether or not the insurance
was in the period of cancellation. It should also be
ascertained, from the agent / broker who solicited the
business, who suggested the amount of coverage and
whether the premium payment was current or delinquent.

(ii) The insurance adjusters can provide complete insurance


information regarding the loss. He can also supply any
statements taken from the assured. He will be able to
provide a sworn proof of loss, which will include specific
items claimed damaged or lost and which may provide the
investigator with information indicating an attempted
fraud. Adjusters frequently have access to the books
(ledgers, journals, inventories, etc.) of the business
establishment involved in the fire. Should the investigation
indicate a probable fraud, the adjuster can request the
interest insurance company(ies) to withhold payment
during the course of the investigation.

(g) Neighborhood inquiry

When conducting a neighborhood inquiry, interview


persons in a wide area of the surrounding community.
Interview the person who discovered the fire, how he/she
happened to be in the area, the location of the fire when
initially observed and other pertinent pacts. Interview the
person who turned in the alarm. Obtain observation from
neighbors concerning the fire, prior to, during and after
the fire. Ascertain the relationship of the owner(s)
occupants(s) with the neighbors. Witnesses may be able
to provide information relative to the insureds domestic
life, financial condition, anticipated sale of the property
and problems with the property such as flooding, heating,
change of routes, etc. It is sometimes useful to take
statements from any witnesses who appear to be hostile
or who may later change their testimonies. Remember you
are seeking information. Do not divulge information to
witnesses.

(h) Public records.

(i) Legal records: deeds, mortgages of real estate and


chattels; liens, encumbrances; local and national taxes;
hospital and mental records.

130
(ii) Financial and credit information: building and loan
associations: credit bureaus; charge accounts; public
utilities, i.e., gas water, electricity, telephone; servicemen,
i.e., newsboy, milkman, etc.

(iii)Employment records, military records, school records,


juvenile court records.

Section 2. Questioning Principal Suspects. -

(a) Prior preparation will determine when the investigator should


conduct the initial questioning. All background information pertaining
to the suspect and the matter under investigation should be known
to the investigators prior to the interview. Principal witnesses should
be questioned separately. The fewer the investigators present at the
interview (two (2) is an ideal team), the more prone the suspect will
be to divulge information.

(b) Statements.

(i) Tape-recorded statements should be made on a permanent


recording, for their preservation, to forestall any alterations,
and to ensure their availability to the court if necessary. Once
started, a tape recorder should operate continuously. If for
any reason the recorder is shut off, the subject should be
made aware of this, and when the recording is resumed, the
reason for shutting off the recorder should be noted and the
subject should be asked if he was promised any reward,
threatened, or forced to continue his statement.

(ii) When shorthand notes are being taken, the stenographer


should be introduced to the subject. Some investigators
request the subject to initial all pages of the shorthand notes.

(iii) Statements may be narrative or question-and-answer type.


There may be times when the subject will write his own
statement, and this is desirable.

(iv) Statements should contain a complete personal history of the


principal subject, associates, complete and accurate account
of the purchases, lease of rental of the involved property, any
strikes, personnel problems; loss of business, neighborhood
property, any strikes, personnel problems, loss of business,
neighborhood change, high-way changes, inventory, a
complete account of his activities, prior to, during and after
the time of fire, etc.

Section 3. Motives. -

It is not essential to prove motive in obtaining a conviction for the crime of


arson. Establishing a motive does help in providing the reason why the suspect
committed the crime. The following motives for setting fires are well-known to
investigators and are self-explanatory.

131
(a) Fraud
(b) Spite Revenge
(c) Cover up a Crime
(d) Vandalism Riots
(e) Pyromania
(f) Juvenile delinquency

Section 4. Reporting Arson Investigation. -

(a) Preliminary Report

It is not necessary to go into details in preparing a preliminary report. This


report should be submitted to the supervisor as soon as possible. List the
following:

(1) Owner his / her name and present addresses.


(2) Occupants theirs names and present addresses
(3) Date and hours of fire
(4) Location of fire, street address, city or municipality, province
(5) Person requesting investigation and date of request
(6) Brief description of the building as to construction and
occupancy
(7) Available insurance data:
i Name and address of agent
ii Name and address of adjuster
(8) Investigators conclusion as to the cause of the fire. Is it
accidental? Suspicious? Incendiary?
(9) Reason for closing the investigation. Accident report my be
concluded with the preliminary report
(10) Reason for continuing the investigation. Note what action is
expected to be taken by the investigator
(11) Date of preliminary investigation
(12) Date of report
(13) This report should contain a resume of the facts and
information obtained during the course of the preliminary
investigation. It should cite the reasons for the investigators
conclusions.

(b) Final Report

This report contains a word picture of all information developed during the
investigation. All materials included should be concise, accurate and complete, as
it becomes a permanent record and may be used by prosecutors and attorneys in
the preparation of cases for trial.

(1) Case number

(2) Date of report

(3) Name, title, address of person requesting investigation and


date of request.
(4) Subject: owner or occupant, and present address

(5) Date and hour of fire alarm

132
(6) Weather condition, wind direction, speed, etc.

(7) Complete and detailed descriptions of building: height,


construction, type of roof, wiring, plumbing, heating device, air-
conditioning, fuel, etc. If automobile or non-structure fire,
describe and give the serial number, license number, make,
model, etc.

(8) Location of loss. If in the city, give the street name and number
and city name. If rural, give mailing address, distance and
direction from the nearest road intersection, plot or lot number,
etc

(9) Occupants.

(i) Dwelling: List names, ages, race, relationship, present


address, telephone numbers, place of employment, If
multiple dwelling, contact all occupants and obtain the
above information.
(ii) Commercial / Institutions: List names, titles and addresses
of all officers and supervisory personnel.

(10) Fire history

(i) Name and address of person(s) who discovered or


reported the fire
(ii) Fire departments and companies responding and officers
in charge
(iii) Detailed history of the fire as learned from the fire
officials and firemen. In this paragraph, list any unusual
circumstances observed by firemen in extinguishing the
fire.

(11) Insurance

(i) List name, address, telephone number of company,


amount of insurance, date and number of policy and to
whom it was issued.
(ii) Agents name, address, telephone number and name
of company.
(iii) Adjusters name, address, telephone number and
name of company.

(12) Evidence

What was found, the date, time, location and who now has
custody; names, titles and addresses of persons securing
evidence; how marked; date and time evidence was taken to
the laboratory, receipt to be made a part of the report. Report
from laboratory should also be made a part of the report.
Evidence should be secured until the case is disposed of.
(13) Photographs

133
Note the type of camera used to take the photos; the name,
title and address of the person taking the photos; the name
and address of the person, or firm developing the prints; type
of film used. List the order in which the photographs were
taken, and what each depicts. Note who has custody of the
negatives.

(14) Fingerprints

It is desirable to include three copies of finger prints and


photos of suspect(s), if available.

(15) Suspects

i. In case no charge is filed, or will be filed until more


information is obtained, but the reporting officer has the
name(s) of strong suspects(s), such name(s) should be
included here.
ii. State the names, aliases and nicknames of the suspect(s),
the present address, occupation, places of enjoyment,
habits, associates, family history, and past criminal records
and physical descriptions.

(16) Motive

The investigator should describe in his own words the reason


or reasons why the suspect committed the crime. The suspect
might have related his motives for the commission of the
crime, or they may be deduced from the statements of
witnesses.

(17) Modus operandi

Describe or narrate in investigators own words the method,


system or manner by which the suspect entered the building,
such as by using a key, forcing a window or door open. Also
outline suspects actions before, during and after the crime.
Set forth all other relevant information that may be obtained,
outline from what sources these conclusions were drawn.

(18) Property

List and describe the articles that were removed from the
premise before the fire, and if recovered, give the name and
address of the holder. Also list and describe any articles that
the owner said were in the fire and which you were not able
to identify as being there. If the articles were recovered,
note the time and date of recovery, and where they were
recovered. Secure a copy of the proof of loss.

(19) Witnesses

Give the names, ages and addresses of witnesses, their


occupation, reliability and availability. State what each can

134
testify to and, if possible, state whether a witness is
prejudiced for or against the subject. Include a written report
of all statements obtained from witnesses. Lengthy
statements may be separated and attached to the report.
Summarize the statement in the report and refer to the
complete statement attached.

(20) Financial report

Obtain reports of the financial status of owners, suspects or


the accused, i.e., bank statements, mortgage, debts,
bankruptcy, etc., etc.; credit reports; information on sale of
property. Information pertaining to deeds, tiles, taxes, etc.
should be included in this.

(21) Court action

State the defendants names, ages and addresses. Give the


names and addresses of the courts presiding judge, the
prosecutor and defense counsel.

(22) Assisting officers

Police, firemen from fire service, NBI agents, etc.

(23) Subsequent reporting

In submitting additional information, follow the outline, as set


forth, listing the information to be reported under the proper
headings and in the same sequence, using only the captions
applicable.

RULE 44
PASSPORT AND VISA RACKET INVESTIGATION

Section 1. Procedures on Passport and Visa Racket Investigation. -

(a) Gather documents before conducting a formal interview of subjects:

(1) Passport on file with the Record Section, Passport and Visa
Division, Consular Affairs Office.

(i) Checklist for processing application


(ii) Passport application (FA Form 1)
(iii)Information Sheet
(iv)Sworn Statement for Passport Application

(2) Supporting documents.

(i) Birth certificate or certificate of loss together with birth


affidavit
(ii) Marriage contract
(iii) Income Tax Certificate

135
(iv) Affidavit of Support

(b) Determine from the checklist the DFA Officer who processed the
application and the person who filed the same (whether the
applicant himself or the travel agent).

(c) Determine the travel agent who filed the application or the agency
for which the travel agent works. NOTE: SOP of DFA requires the
stamp of the travel agent appear on the upper right hand corner of
the application for passport.

(d) The name of the witness who attested that the statements of the
applicant are true.

(e) Who identified the affiant?

(f) The notary public or administering officer who notarized the


application.

(g) Records check the name of the travel agent who filed the
application.

(h) Check with the BTTU Licensing, DFA whether or not the travel
agency is licensed or blacklisted.

(i) Secure certifications:

(a) From the Consular Affairs Office, the number and date of
issue of the passport to the applicant.
(b) From the US Embassy, the date when the visa was issued to
the applicant and the kind of visa issued.

(j) Get the sworn statement of the applicant.

(a) Did he / she personally fill up the application for passport and
visa?
(b) Did he personally appear for interviews at the US Embassy,
etc?
(c) Get the official receipts issued by the travel agent or agency,
which filed the application.
(d) Did he / she personally furnish the supporting documents to
the application?
(e) Other pertinent matters you believe material to your
investigation, especially those relative to the identification of
subject, and the extent of involvement of other persons in the
case.

(k) Gather documentary evidence linking subject to the falsification of


the passport of visa, such as receipts, etc.

(l) Document or reduce in writing statements of persons whose


testimonies are needed to complete the picture of the case.

136
(m) Submit to the Questioned Documents Division all documents, which
were falsified together with specimen standards gathered.
NOTE: If signatures are forgeries, get certifications to this effect.

(n) Submit to the Chemistry Division the passport and visa to determine
the alleged alterations or falsifications.

(o) Subpoena for interview the travel agent who filed the application.
(This is a very important phase of the investigation)

(p) Follow-up new leads that might have been disclosed by the travel
agent.

Section 2. Modus Operandi. -

Some applicants will be provided with fake passports (Baklas) a passport of


another person but with the picture of the unsuspecting applicants in cahoots with
some unscrupulous personnel in their port of exit.

RULE 45
FAKE OVERSEAS EMPLOYMENT RACKET

Section 1. Modus Operandi. -

(a) Office location such as room number, building, street and place.
Usually, the racket is conducted in a presentable office to lure
prospective innocent victims;

(b) Application forms filled up by victims;

(c) Fees charged allegedly for:

(i) Management and leg works;


(ii) Processing of passport;
(iii)Performance bonds;
(iv)Settlement fees;
(v) Incidental expenses;

(d) Usually, official receipts are issued;

(e) Also, lucrative employment is offered;

(f) Deployment of workers through tourist schemes but with a hidden


agenda of employment. This can be done through their illegal foreign
employers;

(g) Use of other passport other than that of the applicant to hide or clothe
the applicant with another identity allegedly to ensure his departure
and employment abroad;

(h) Illegal use of the name of a licensed recruitment agency as front. They
usually use fake authorizations to recruit overseas workers;

137
(i) House-to-house recruitment, particularly in provinces;

(j) Illegal recruiters are recruiting applicants by introducing themselves as


authorized recruiting agents of a license recruitment agency;

(k) Those who signified their intention to work abroad will be required to
pay certain amount of money to defray expenses for applicants
passport, visa and place ticket;

(l) Once the amount is given and the promise to leave was made, the
illegal recruiter will then vanished and nowhere to be found by the
applicants.

(m) Some applicants will be provided with fake passport (Baklas), a


passport of another person but with the picture of the unsuspecting
applicants in of another person but with the picture of the
unsuspecting applicants in cahoots with some unscrupulous personnel
in their port of exit.

(n) Most of the illegal recruiter go to the remote areas, usually in the
provinces due to ignorance / illiteracy of potential victim due to
absence of the means to verify the authenticity of the recruiters.

Section 2. Investigative Procedure. -

(a) Take the sworn statements of complaint(s) and the witnesses, if any

(b) Get any receipt issued to them.

(c) Check whether or not the employment agency is registered with the
POEA.

(i) If it is, get a certified copy of the POEA License / Authority and
other pertinent papers.

(ii) If not registered, get a certificate of this effect.

(iii) Secure a statement that the recruiter has no valid license or


authority to enable one to lawfully engage in recruitment /
placement of workers.

(iv) Or the statement may be that the offender undertakes any


activity within the meaning of recruitment placement as defined
in Article 13 (b) of the Labor Code (i.e.) any act of canvassing,
enlisting, contracting, transporting, utilizing hiring or procuring
workers, and include referrals, contract services, promising or
advertising for employment, locally or abroad, whether for profit
or not: Provided, that any person or entity which, in any manner,
offers or promises for a fee employment to two or more persons
shall be deemed engaged in recruitment and placement), or any
Prohibited Practices under Article 34 of the Code:

(1) To charge or accept, directly or indirectly, any amount


greater than the specified in the schedule of allowable

138
fees prescribed by the Secretary of Labor, or to make a
worker pay any amount greater than actually received by
him as a loan or advance;

(2) To furnish or publish any false notice or information or


document in relation to recruitment or employment;

(3) To induce or to attempt to induce a worker already


employed to quit his employment in order to offer him to
another unless the transfer is designed to liberate the
worker from oppressive terms and conditions of
employment;

(4) To give any false notice, testimony, information or


document or commit any act of misrepresentation for the
purpose of securing license or authority under this Code;

(5) To influence or to attempt to influence any person or


entity not to employ any worker who has not applied for
employment through his agency;

(6) To engage in the recruitment or placement or workers in


jobs harmful to public health or morality or to the dignity
of the Republic of the Philippines;

(7) To obstruct or attempt to obstruct inspection by the


Secretary of Labor or by his duly authorized
representatives;

(8) To fail to file reports on the status of employment,


placement vacancies, remittance or foreign exchange
earnings, separation from jobs, departures and such
other matters or information as may be required by the
Secretary of Labor;

(9) To substitute or alter employment contracts approved


and verified by the Department of Labor from the time of
actual signing thereof by the parties up to and including
the periods of expiration of the same without the
approval of the Secretary of Labor;

(10)To become an officer or member of the board of any


corporation engaged in travel agency or to be engaged
directly or indirectly in the management of a travel
agency;

(11)To withhold or deny travel documents from applicant


workers before departure for monetary or financial
consideration other than those authorized under this code
and its implementing rules and regulations.

(d) Check whether or not the employment agency is duly licensed by the
POEA.

139
(i) In the affirmative, secure a certificate to this effect.

(ii) In the negative, it is advisable to send an undercover investigator


to pose an applicant.

He should know:
- The official and employees of the agency
- Their claims and representation to job applicants.
- The requirements and particular facilities used.

(e) Records check the employment agency, its official and employees, for
any outstanding warrant of arrest, or for any derogatory or relevant
information.

(f) Apply for a search warrant. The undercover man or one of the victims
shall be a witness.

(g) Request the official photographer to accompany the investigators,


serving the search warrant.

(h) Take pictures of any signboard advertisement of the employment


agency and its officials and employees present during the raid.

NOTE: Confine yourself to the limits set under the search


warrant, particularly the place to be searched and the things to
be seized.

(i) Bring the seized articles and documents to the investigating office.
Seized articles and documents may be surrendered, duly receipted to
the Records and Evidence Section. If its to bulky, they must be kept in
a secure place, locked and preserved from loss.

(j) Return the search warrant as soon as possible. Usually the return is
made with a petition for retention of the articles and documents
seized.

(k) Bring officials and employees of the agency to the investigating office
for documentation and identification, fingerprinting and the standard
front, side view, whole body and back view photographs. Appraised
them on their Constitutional Rights as provided for and those
specifically mentioned in RA 7438. Take their sworn statements, if
they are willing in the presence and consent of their counsel.

(l) Prepare the letter of transmittal to the prosecutor having jurisdiction


over the case. To be attached as annexes are:

(i) Sworn statement taken


(ii) Certificate from the POEA c/o the Anti-illegal Recruitment Branch
(iii) Booking sheets and arrest reports
(iv) Copy and return of search warrant
(v) Receipts of payment made by applicants.

(m) Bring subjects to Inquest Prosecutor

140
(n) If bail is fixed during inquest, bring subjects to jail for temporary
confinement until they are turned over to the city jail or local or
provincial jails. This should be done immediately.

(o) Should the Inquest Prosecutor return the latter transmittal with
enclosures during the inquest, file the case first thing in the morning
of the following day.

Section 3. Common Problems Encountered. -

(1) Suspects in complaints against Illegal Recruitment are nowhere to be


found.
(2) Suspects in cases that were filed in courts were able to settle their
dues with the victims without the knowledge of the investigators.
(3) Availability of the complainants in far flung areas pursuing the case
due to problems like transportation, finance and the like.

(4) Suspects true identity are unknown, thus, hindering the filing of case
against them.

RULE 46
ANTI-SMUT OPERATIONS

Section 1. Investigative Procedures. -

(a) The law enforcer must apply for the issuance of a search warrant from a
judge, if in their opinion, an obscenity rap is in order after prior
investigation has been conducted on the matter.

(b) The authorities must convince the court that the material sought to be
seized are obscene and pose a clear and present danger of an evil
substantive enough to warrant state interference and action;

(c) The judge will determine whether or not the same are indeed obscene,
the questions is to be resolved on a case-to-case basis and in his
honors sound discretion.

(d) If, in the opinion of the court, probable cause exists, it may issue the
search warrant prayed for;

(e) The proper suit will then be brought before the court pursuant to Art.
201 of the RPC.

It must be noted only after a ruling is handed down by the courts, that the
government shall institute the necessary proceedings with respect to the
confiscated items.

141
RULE 47
Procedures in Responding to Kidnapping for Ransom Cases

Section 1. Initial Response to be Undertaken Upon Receipt of


Kidnap Report. -

(a) Conduct Victimology and neighborhood Investigation

(i) VICTIMOLOGY

A detailed account of the victims lifestyle and personality assists


in determining the nature of the disappearance, the risk level of the
victim, and the type of person who could have committed the crime.
Complete information regarding the victims physical description,
normal behavioral patterns, the family dynamics, and known friends
and acquaintances should be obtained as soon as possible.

(ii)NEIGHBORHOOD INVESTIGATION

A neighborhood investigation is one of the most crucial steps in


these cases and is often overlooked or underemphasized. The
objective is to identify and interview in person all individual within
the abduction and /or last known sighting area during the window of
opportunity (last time seen through the time discovered missing).
Many victims have fallen prey to someone who resided or was
visiting someone who resided within their neighborhood. Often,
someone within the neighborhood witnesses the incident but will not
realize the importance of what they saw until contracted by
authorities or made aware of the missing person through the media.
Unless the neighborhood investigation is conducted immediately and
thoroughly, valuable information that may assist in the resolution of
(d) Avoid publicity of any kind. Knowledge on the part of the
kidnappers that the police are working on the case or that it has
become public knowledge could cause the kidnappers to panic and
may lead to drastic action, which could endanger the life of the
victim.

(b) Initial evaluation should be undertaken. If law enforcement officers


evaluated that the case in question is kidnapping, and not an
ordinary missing person case, investigation should be done with
utmost secrecy. If after further assessment, the case elevated to
kidnapping for Ransom (KFR),i.e, the abductors demanded for
ransom then the police after presently handling the case shall
coordinate with an officer from PACER before bringing the
complainant to PACER. Upon assessment by the PACER personnel
that the case is KFR, the case will be received. If the law
enforcement officers evaluated the case to be otherwise, i.e, not
KFR, necessary steps in addressing the case should be undertaken.

(c) Initiate Family Liasoning - Liason is directed toward assisting the


emotional needs of the family members as they experience this
devastating ordeal and keeping the channels of communication
open.

142
(d) Avoid publicity of any kind. Knowledge on the part of the kidnappers
that the police is working on the case or that it has become public
knowledge could cause the kidnappers panic and may lead to drastic
action, which could endanger the life of the victim.

(e) Contacts by law enforcement officers with relatives of the victim


should be in neutral place to avoid detection of police investigation.

(f) Secure photographs and records of persons who may be possible


suspects.

(g) Recovered items belonging to victim/s and perpetrator/s should be


subjected to appropriate forensic investigation by the PNP-CLG.

(h) If the conduct of investigation will endanger the life of the victim, it
is better to freeze all investigative activities until the victims release
and reassess when kidnapper has communicated with the family.

Section 2. Things to do when a contact is made with the


kidnappers. -

(a) When contact is Made with the Kidnappers


(1) Advice the relatives of the victim to request from the
kidnappers to a conversation with the victim as proof of life.

(2) Expect for exhorbitant ransom demand but negotiate within


the paying capacity of the family.

` (b) When Contract is in Writing

(1)Demand for ransom made in writing requires a careful handling


of the written communication for possible lifting of latent
fingerprints. Hold the letter by its edges and save the
envelope in which the note was placed.

(2)Preserve the letter for future reference.

(3)Covert surveillance on the location of the mailing service office


frequently used and the return address (es), if any.

(c) When Contract is Made by Telephone / Cellular Phone

(1)Steps should immediately be taken to legally record all


telephone conversations with any member of the kidnapping
group.

(2)Make necessary legal arrangements to trace calls made by the


kidnappers. Covert surveillance of all places where
telephone calls were made should be conducted.)

Section 3. Kidnap Call Report. - If you received a kidnap call:

(a)Try to signal someone to listen on another extension

143
(b)Keep the caller online for as long as possible

(c)Do not antagonize the kidnapper

(d)Give the kidnapper a code word for lateral identification

(e)Ask the following to determine if he is among the perpetrators:

(i) Victims name _________________________________

(ii) Where & when seized ___________________________

(iii)Victims Code Name (alias) ______________________

(f) Ask to speak to the victims or request the kidnappers to show proof
that he / she still alive.

RULE 48
INVESTIGATION PROCEDURE IN CASES RELATIVE TO TRAFFICKING IN
HUMAN BEINGS ( R.A. No. 9208- The Anti-Trafficking in Persons Act of 2003)

Certain procedural steps must be taken by the police investigator not only
at the scene of the crime but also outside of it in order to create a strong
foundation from which to work. The nature and circumstances of the case will
determine the order of the investigative steps. It is not however, possible to list all
procedural rules. The following rules have general application to most types of
crimes relative to trafficking in human beings:

A. The Philippines as Country of Origin

(1) Intelligence Phase

The police investigator should waste no time in beginning the


investigation, say for example, a criminal complaint on child
trafficking (Section 7, Article IV Of Republic Act No. 7610), after he
has received information which has already been validated and
verified from the Watch List and Target List of personalities and
organizations involved in human trafficking and other related
offenses.

(2) Investigation Phase

(a) Upon arrival at the scene of the crime, in this case, the home or
establishment where the alleged child victim is found, the police
investigator, together with a representative from the
Department of Social welfare and Development (DSWD) should
be ready to act or react to unexpected happenings that might
jeopardize his life.

(b) He, with the assistance of the representative of the Department


of Social Welfare and Development, should record the date,
time of arrival, identity of his associate (s) if present, all the

144
persons present in the home or establishment where the
alleged child victim is found, the relationships of all persons
present to the child or the position title of all the officers of the
establishment, other office personnel and such other conditions
that may have a bearing on the crime.

(c) He must then determine whether or not a crime of child


trafficking has been committed and if so, to secure the sworn
statements of all those present. He must interview the child
victim jointly with the representative of the Department of
Social Welfare and Development (DSWD) and/or a barangay
official to determine whether indeed child trafficking was
committed and the need to remove the child from the home or
establishment in order to place him under the protective
custody of the Department of Social Welfare and Development.
He should make a rapid visual inspection of the home or
establishment sine the original information relayed to him might
be misleading, distorted or too brief to make the necessary
evaluation.

(d) If there is any needed assistance such as medial, ambulance,


photographer, equipment, criminal specialist from other
agencies, he must advice his associate, if there be any or the
representative of the Department of Social Welfare and
Development to send a dispatch.

(e) He should isolate and preserve the crime scene and make
certain that the critical area remains under constant protection
until the processing is completed.

(f) He must approach the problem with an open mind and make
good decisions based on accurate facts.

(g) He must locate and interrogate the suspects, arresting the


them when there is evidence of guilt and inform them when
they are taken into custody of: 1) their right to remain silent
and that they need not answer any questions; 2) that if they do
answer their answers can be used as evidence against them;
3) that they have the right to consult with a lawyer before or
during the questioning; and 4) that if they cannot afford to hire
a lawyer, one will be provided for them without cost. The police
investigator must make certain that the suspects fully
understand the above rights and that they sign a waiver.

(h) The police investigator should identify the persons having


knowledge of the crime. He should separate them in order to
obtain their individual account of the incident.

(i) In felonious cases, such as kidnapping of a trafficked person,


the police investigator should take photographs of the crime
scene and should supplement the photographs with a sketch or
diagram to show the position of the items of evidence. Sketches
should reflect the measurements and relationships to other
objects.

145
(j) Whenever a search warrant is to be served, the police
investigator should plan the area to be searched in order to
preclude the possibility of any section being overlooked.

(k) The police investigator must place one person in charge of the
search and appoint one person to handle all evidence if
available. This person must maintain an irrefutable chain of
custody of all evidence found at the scene of the crime from
the time that it was discovered until produced in court.

(l) The scene must be searched thoroughly from indoors to


outdoors.

(m) The police investigator must place an identification mark on all


physical evidence found at the crime scene where it will not
interfere with any laboratory examination desired.

(n) The police investigator should obtain a detailed description and


lit of all the things taken from the victim or the premises no
matter how trivial these are.

(o) The police investigator must endeavor to inquire from the victim
whether he can identify the perpetrator or if he suspects
anyone and the reason for the suspicion as the case may be.

(p) The police investigator must ascertain in detail how the crime
was committed (the method of operation or the modus
operandi (M.O.); what evidence is available to support the M.O.
and reconstruct the sequence of events.

(q) The police investigator should review all possible leads which
need immediate attention. When there is justification, he
should initiate to fax messages on wanted persons.

(r) The police investigator must compile a complete, accurate report


of the investigation and should lit only those facts in the report
that he can substantiate through his knowledge, physical
evidence, or statements made by the victim and witnesses. In
order to accurately establish proof of the corpus delicti of the
particular offense, the police investigator should refer to Part II
of this manual which lists pertinent laws, rules and regulation
relative to trafficking in human beings and the accompanying
matrices enumerating the basic element of the offense charged.

(s) The police investigator should make sure that all law
enforcement agencies, departments and divisions concerned
with the case such as the National Bureau of Investigation, the
Bureau of Immigration, the Department of Social Welfare and
Development, the concerned Task Force at the Department of
Justice and such other relevant offices, receive copies of his
report. In his report, he should consider all possible defenses
which a suspect might endeavor to use at a subsequent trial
and should resolve these during the course of the investigation.

146
Defenses to criminal actions may include alibi, selfdefense,
duress, character of the defendant, entrapment or necessity.

B. The Philippines as a Transit Country

(1) Intelligence Phase

The Bureau of Immigration (BI) monitors flights suspected to


be carriers of trafficked human beings. It coordinates on a
regular and continuing basis with its foreign counterparts
from ports of origin for data or intelligence rports on
suspected traffickers, traffic routes, modus operandi, etc. it
coordinates with the INTERPOL for information gathering an
updating of the subject. Upon receipt of the information or
report on the expected arrival of the suspected hum
traffickers, trafficked persons, the Bureau of immigration
alerts its agents an the security groups deployed at the airport
to enable them to plan the next course of action. The
Immigration Officer promptly refers the matter to the proper
authorities and/or Embassy official for disposition. The same
rules apply if the persons in transit who are seeking
assistance are part of the criminal group or syndicate which
they want to dissociate.

(2) Investigation Phase

(a) If the individual in transit is suspected to be engaged in


human trafficking, the Immigration Officer or agent shall
approach the suspect in a diplomatic manner with the end in
view of eliciting the desired information.

(b) If the diplomatic gesture results to a positive action, the


immigration officer shall immediately coordinate with the
Embassy Official concerned to see to it that the transient is
immediately deported to his port of origin via the carrier
plane.

(c) The Immigration Officer or agent shall endeavor to enforce


the payment o fines against the carrier. Additionally, he
shall cause the inclusion of the names o the transients in the
Black List. The Department of Foreign Affairs and the
National Crime Information Service (NCIS) shall be furnished
a copy of the blacklist to prevent the issuance of visas to the
deported transients to the Philippines.

(d) If the trafficked individual in transit will seek assistance of


the Philippine government by claiming that he/she is a
victim, the immigration Officer shall interview the transit
passenger and determine what kind of assistance is needed
and/or may be given after evaluating the situation.

147
(e) If, by any mean, the suspected trafficker in transit is also
committing an offense in violation of Philippine law, the
Immigration Officer and/or the Aviation Security Command,
as the case may be, shall place the subject under arrest and
inform the Embassy Official concerned.

(f) The Immigration Officer shall initiate an inter-agency record


check with the National Bureau of Investigation (NBI), the
Philippine National Police (PNP), the Philippine Center on
Transnational Crimes (PCTC) for data or information and
case build-up.

(g) If there is a bilateral agreement, the applicable provisions


shall be applied therefore and given effect.

(h) If there is none, the subject shall be turned-over to the PNP


for investigation and possible recommendation for
prosecution if the evidence warrants. The investigation
procedure under A-2 above shall be followed.

(i) In case the suspected trafficker and/or trafficked person on


board a maritime vessel enters Philippine waters, the
Immigration Officer shall conduct a Boarding Formality to
verify the documents of the crew.

(j) In case the crew is composed of restricted nationals, an


Immigration officer shall inspect the travel documents and if
the inspection yields to the information that there are
trafficked persons on board, the latter will not be allowed to
leave the vessel. The subjects shall be placed under guard
and administrative fines shall be imposed against the
maritime vessel. The Embassy Official of the concerned
nationals shall be informed of the situation for proper
disposition.

C. The Philippines as a Country of Destination

(a) The same intelligence and investigative procedure under B-1


and B-2 shall apply to trafficked persons and/or to traffickers
who have chosen the Philippines as their country of
destination. If, by dint of circumstance, the trafficked person
or the trafficker is cleared for admission, stays in the
Philippines with the intention of making the Philippines his/her
adopted country and is subsequently found out by law
enforcement authorities to be a trafficker and/or an
undocumented alien, the arrested individual shall be turned-
over to the Bureau of Immigration.

(b) The Bureau of Immigration conducts an


interview/interrogation in order to acquire information that
may assist in case build-up.

(c) The Bureau of Immigration then conduct deportation hearings


and eventually deports the undocumented alien/trafficker,

148
unless he/she is being held liable for a criminal offense
committed in violation of the Philippine Penal law. In which
case, the investigation procedure under A-2 shall apply.

RULE 49
INVESTIGATION PROCEDURE IN CASES OF ORGANIZED CRIMES

Section 1. Procedure Techniques. -

(a) Intelligence Build-up

(b) Validation of Intelligence

(1) Summary
(2) Order of Battle
(3) Agents Reports

(c) Record Exploitation

(1) Investigation Reports


(2) Rogues Gallery
(3) Modus Operandi File
(4) Transmittal to Prosecutors Office
(5) Booking Sheets
(6) Sworn Statements
(7) Coordination with Government and Non-Governmental Offices

(d) Identification of Target Personalities

(1) Identification / Determination of the individual target


personalities;
(2) Identification of the Organizational Profile of the OCG,;
(3) Identification of all residences, safehouses, havens and possible
recreation areas.

(e) Case-Build Up

(1) Documentation of targets with derogatory info / record and / or


pending cases;`
(2) Documentation of targets with warrants / order of arrest;
(3) Documentation of all cases committed by targets with the end-
in-view of filing the cases before the proper forum.

(f) Negation Phase

(i) Prioritizing targets;


(ii) Arrest / Search before filing the case;
(iii) Arrest / Search after filing the case; and
(iv) Counter-action.

(1) Simultaneous
(2) Maximum paralyzing effects against the OCG

149
(v) Where police operations resulted in injuries or death of
suspects:

(1) Immediate evacuation of injured suspect should be


made to the nearest hospital;

(2) The Team Leader should designate the investigator


with the assistance of the SOCO preparatory to the
conduct of the INQUEST by the Duty Inquest
Prosecutor;

(3) In the absence of the Inquest Prosecutor, the


investigator should prepare the investigation report,
supported by affidavits and pieces of evidence and
transmit the same to the Office of the Prosecutor
having jurisdiction of the place of the incident for
appropriate action.

RULE 50
INVESTIGATION OF CASES OF VIOLENCE AGAINST WOMEN AND CHILDREN
(VAWC) [R.A. No. 9262 - Anti Violence Against Women and Their
Children Act of 2004]

For the purposes of investigation of VAWC cases, the PNP-Women and


Children Protection Desk (WCD) shall have the following duties and functions:

(a) Upon the receipt of complaint, the WCPD officer shall


conduct appropriate investigation which includes, but
is not limited to, taking the formal statement of the
victim-survivor and collecting other evidence necessary
for the filling of the case under the Act;

(b) Immediately after taking the essential elements of


information during the course of investigation, the
WCPD officer shall refer the victim-survivor to the
nearest PNP Crime Laboratory and/or hospital or any
medical facilities for appropriate medico- legal
examination. It shall be the WCPD officers duty to
ensure that as far as possible, the examining physician
must be of the same gender as the victim-survivor,
especially in sexual violence cases;

(c) Except in the case of a child who is a victim-survivor of


the Act, by which other existing laws require
immediate presence of the unoffending parent or
guardian and social worker, only persons expressly
authorized by the victim-survivor shall be allowed by
the WCPD officer inside a room where police
investigation as well as the medical / physical
examination are being conducted in private;

150
(d) Ensure the confidentiality of identity of the victim-
survivor of the Act, by which other existing laws
require immediate presence of the unoffending parent
or guardian and social worker, only persons expressly
authorized by the victim- survivor shall be allowed by
the WCPD officer inside a room where police
investigation as well as the medical/ physical
examination are being conducted in private ;

(e) After the conduct of police investigation, the WCPD


officer shall refer the victim-survivor to the social
worker of the LGU, any available DSWD shelters,
NGOs and other service providers for psychosocial
intervention and other rehabilitation programs;

(f) The WCPD officer shall forward the investigation report,


together with the relevant evidence, including the
formal statements of witnesses and result of medico-
legal examination, to the prosecutor for filling of
appropriate criminal action under the Act;

(g) If victim-survivor is found to have manifestations of the


Battered Woman Syndrome which is validated by past
police records and testimonies from witnesses in
interest, the WCPD officer shall inform the punong
barangay, the local social worker, or the concerned
NGOs, local professional or civic groups in the area for
appropriate psychiatric and psychological evaluation
which may form part of the evidence to be presented
in court;

(h) Assist in the application and enforcement of the


provisions of the protection order as may be issued by
the barangay or the court.

(j) Respond with the assistance of other police personnel,


barangay officials, and other parties in interest, to a
call for emergency assistance to ensure immediate
protection of the victim-survivor by entering the
dwelling if necessary whether or not a protection order
has been issued;

(k) In case where the perpetrator is armed or in


possession of deadly weapon in plain view, cause the
confiscation thereof with the assistance of other police
personnel;

(l) Effect the arrest of the perpetrator by virtue of a


warrant issued by the court pursuant to existing laws.
In the event that any crime under the Act has been
committed, is being committed or about to be
committed, or that any police officer has personal
knowledge of the facts indicating the commission of
such time, it shall be his or her duty to arrest the

151
perpetrator even without the strength of a warrant,
provided the offender shall be proceeded in
accordance with Section 5,Rule 113 of the rules of
Court;

(m) Except when the victim-survivor is deemed more


secure to stay in their place of residence, in which
case the perpetrator has been removed by virtue of
protection order issued by the barangay or the court,
the WCPD officer or any designated police officer shall
provide assistance to help facilitate the transfer of the
victim-survivor to a safe place of her own choice,
including the removal of some of the victim-survivors
personal belongings;

(n) Monitor and follow up any case in violation of the Act


that has been filed in court. In this regard, the WCPD
officer must maintain a periodic assessment report of
all cases reported to the police in violation of the Act;
and

(o) Participate in multidisciplinary mechanisms to help


address the protection needs of the victim-survivor of
VAWC.

(Note: Adopted from The Implementing Rules and Procedure of RA 9262,


otherwise known as the Anti-Violence Against Women and Their Children Act of
2004)
RULE 51
PROCEDURES IN CASES OF CHILDREN IN CONFLICT WITH LAWS
( R.A. NO. 9344- The Juvenile Justice and Welfare Act of 2006)

Section 1.- Initial Contact with the Child

(a) What constitutes initial contact

Initial contact refers to the apprehension or taking into custody of a child in


conflict with the law by law enforcement officers or private citizens.

It includes the time when the child alleged to be in conflict with the law
receives a subpoena under Section 3(b) of Rule 112 of the Revised Rules of
Criminal Procedure or summons under Section 6(a) or Section 9(b) of the
same Rule in cases that do not require preliminary investigation or where
there is no necessity to place the child alleged to be in conflict with the law
under immediate custody.

(b) If initial contact by private citizens or non-law enforcement officers

In the event a child in conflict with the law is apprehended or taken into
custody by private citizens, the child shall be immediately referred to the
appropriate law enforcement officer for the child to undergo the proper
investigation as provided in the succeeding Rules.

Section 2. Procedure for Taking Child into Custody

152
From the moment the child is taken into custody, the law enforcement
officer shall faithfully observe the following procedure as provided in Section 21 of
RA 9344:

(a) Properly identify him/herself and present proper identification to the


child.

(b) Immediately notify the childs parents/guardians, the local social


welfare and development officer (LSWDO), and the Public Attorneys
Office of the childs apprehension. The notification shall be made not
later than eight (8) hours after apprehension.

(c) Explain to the child in simple language and in a language or dialect


that he/she can understand:

(1) The reason for placing the child under custody;


(2) The offense that he/she allegedly committed; and
(3) His/her constitutional rights.

(d) Immediately start the determination of the age of the child in


accordance with the guidelines provided in Section 9.

(e) Take the child immediately to the proper medical and health officer
for a thorough physical and mental examination. Whenever the
medical treatment is required, steps shall be immediately undertaken
to provide the same.

(f) Turn over the custody of the child to the LSWDO or other accredited
non-government organizations immediately but not later than eight
(8) hours after apprehension. The turn over of custody shall be done
within the same eight (8) hours referred in item (b) under this
section. However, in cases where the child is found to be below the
age of criminal responsibility as defined in Section 20 of RA 9344, the
law enforcement officer shall immediately release the child to
his/parents in accordance with Section 10 below. The turnover of
children below the age of criminal responsibility to parents
notwithstanding, the law enforcement officer shall proceed with the
initial investigation, where appropriate.

The above procedure must be conducted in strict observance of the


prohibitions provided in Section 21 of RA 9344 and in Section 8 below while the
law enforcement officer is in custody of the child.

A child in conflict with the law shall only be searched by a law enforcement
officer of the same gender as prescribed in Section 21 of RA 9344.

Section 3. Initial Investigation

(a) Nature and objective of the investigation

The initial investigation is the stage after initial contact when the law
enforcement officer takes the statement of the child in conflict with the law.

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The law enforcement officer shall, in the conduct of the initial investigation,
determine where the case involving the child in conflict with the law should be
referred.

(b) Who conducts; who are present

As provided in Section 22 of RA 9344, the law enforcement officer,


specifically from the Women and Children Protection Desk where present, shall
take the statement of the child during the initial investigation, which shall be
conducted in the presence of the following:

(1) Childs counsel of choice or in the absence thereof, a lawyer from the
Public Attorneys Office;
(2) Childs parents, guardian, or nearest relative, as the case may be; and
(3) LSWDO.

In the absence of the childs parents, guardian, or nearest relative, and of


the LSWDO, the investigation shall be conducted in the presence of a
representative of an NGO or faith-based group, or a member of the BCPC.

(c) How the statement of the child is taken

In taking the statement of the child, the law enforcement officer shall
observe the following guidelines:

(1) The investigation shall be child friendly and be conducted in a non-


intimidating manner.

(2) The interview of the child shall be conducted in a separate interview


room to make the child feel comfortable and free to express
him/herself.

(3) The law enforcement officer shall use simple and understandable
language in taking the statement of the child during the initial
investigation.

(4) The law enforcement officer shall allow the LSWDO, or the persons
taking his/her place as above enumerated, to actively assist in
conducting the initial investigation.

(5) There should be enough privacy to avoid unnecessary interruptions,


distractions and/or participation from non-parties that could
humiliate or make the child uncomfortable.

(6) The written statement to be prepared shall reflect the language used
by the child and not the language used by the law enforcement
officer.

The initial investigation shall be conducted in the best interest of the child
and in a manner which allows the child to participate and to express him/herself
freely.

(d) Signing statements

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The law enforcement officer conducting the initial investigation shall ensure
that all statements signed or thumbmarked by the child during investigation shall
be witnessed by the childs parents or guardian, the LSWDO, or if not present, any
other social worker, or counsel in attendance, who shall affix his/her signature to
the said statement.

(e) After taking the statement of the child above fifteen years of
age

After taking the statement of the child who is above fifteen (15) years of
age but below eighteen (18) years of age, the law enforcement officer shall refer
the records of the child to the LSWDO for an assessment if the child acted with
discernment as provided in Section 10. The law enforcement officer shall transmit
the following records of the child to the LSWDO:

(1) Written statement of the child;


(2) Other pertinent records such as the documents showing the basis for
the determination of the age of the child;
(3) Medical report if available; and
(4) All other records that may assist the LSWDO in making an assessment
if the child acted with discernment.

The LSWDO shall, as part of the initial investigation, assess if the child
acted with discernment in accordance with Section 10 and make the necessary
recommendation to the law enforcement officer on the basis of said assessment.

The law enforcement officer shall consider the assessment made by the
LSWDO in preparing the report of the initial investigation and in deciding where to
refer the case of the child.

(f) Report on initial investigation; What to record

After the initial investigation, the law enforcement officer conducting the
same shall prepare a report, which contains the following information:

(1) Whether handcuffs or other instruments of restraint were used, and if


so, the reason for such;

(2) That the parents or guardian of a child, the DSWD or the LSWDO, and
the PAO have been duly informed of the apprehension and the details
thereof;

(3) The exhaustion of measures to determine the age of a child;

(4) The basis for the determination of the age of the child;

(5) The precise details of the physical and medical examination or the
failure to submit a child to such examination;

(6) To whom the child was released and the basis for the release; and

(7) Where the case shall be referred as provided in the next Rule and the
basis for such disposition, i.e., the nature of the offense allegedly
committed by the child, the corresponding imposable penalty for the

155
commission of the alleged offense, and the assessment of discernment
as provided in Rule 34.

SECTION 4. Where the Case shall be Referred

After the initial investigation, the law enforcement officer shall determine if the
case of the child shall be referred to:

(1) The LSWDO for intervention in accordance with Section 20 RA 9344 if


the child is:

(a) Fifteen (15) years old or below; or


(b) Above 15 but below 18 years of age and acted without
discernment.

(2) Diversion, in accordance with Section 23 of RA 9344, under the:

(a) Law enforcement officer if the child is above 15 but below 18


years of age, acted with discernment and allegedly committed
an offense with an imposable penalty of not more than six (6)
years of imprisonment; or
(b) LSWDO if the child is above 15 but below 18 years of age,
acted with discernment and allegedly committed an offense
that is a victimless crime with an imposable penalty of not
more than six (6) years of imprisonment.

(3) The prosecutor or judge if the child is above fifteen (15) but below 18
years of age, acted with discernment and allegedly committed an
offense with an imposable penalty of more than six (6) years of
imprisonment.

The report on the initial investigation as required under Section 3 par. f


shall state where the case shall be referred and the basis for such disposition,
which include the following information:

(1) The nature of the offense allegedly committed by the child;


(2) The corresponding imposable penalty for the commission of the
offense; and
(3) Where the case of the child shall be referred in the event of an
assessment that the child acted with discernment as provided in Rule
34. (Appendix of Forms Form 8)

Section 5. Turnover of Custody

In all cases, the law enforcement officer shall turn over the physical
custody of the child to the LSWDO within eight (8) hours from apprehension, as
required under Section 21(i) of RA 9344. The physical custody of the child shall
be transferred to the LSWDO even if the law enforcement officer has not yet
exhausted all measures to determine the age of the child under Section 9 and
even if the initial investigation under Section 3 has not yet been terminated.

Section 6. - Pending Turnover of Custody

156
Pending the turn over of the custody of the child to the parents, guardians
or the LSWDO, as in cases when the child is apprehended at night time or during
weekends, the law enforcement officers shall ensure that the child shall be
temporarily secured in an area separate from that of the opposite sex and adult
offenders and not put in the detention cell or jail. The temporary physical custody
of child in such cases may also be given to a duly registered NGO, i.e., licensed
and accredited by the DSWD, a faith-based organization, a barangay official, or a
member of the BCPC.

Section 7. - Duty to maintain confidentiality and privacy

(1) From the time he/she takes custody of the child in conflict with the law,
the law enforcement officer shall handle the case of the child with utmost
confidentiality. Particularly, the law enforcement officer shall:

(a) Use a system of coding that provides aliases for children taken into
custody;

(b) Maintain a separate logbook for children in conflict with the law;

(c) Exclude the public, particularly the media, from the area where the child
is being held in custody pursuant to Section 43 of the Act;

(d) Not provide any detail or information to the public, particularly the
media, that shall lead to the identity of the child;

(e) Keep the results of the medical examination confidential; and

(f) Mark the records of the child and the report on the initial investigation
as confidential.

(2) The law enforcement officer shall direct the media to observe the
Guidelines for Media Practitioners on the Reporting and Coverage of Cases
Involving Children issued by the Special Committee for the Protection of Children.

Section 8. - Prohibited Acts when in Custody of Child

(a) Detention

(1) A child in conflict with the law shall not be locked up in a


detention cell.

(2) The child shall not be detained in the provincial, city or municipal
jail, even if there are quarters separate from adult detainees.

(b) Search by an officer of the opposite sex

A child in conflict with the law shall not be searched by a law enforcement
officer of the opposite sex.

(c) Contact with adult offenders and offenders of opposite sex

157
Should the detention of the child in conflict with the law be necessary
pending turnover to the LSWDO or the other persons who may take custody of
the child under Section 21(i) of the Act [Rule 31.b], the child shall be secured in
quarters separate from that of the opposite sex and adult offenders.

(d) Vulgar language

As required under Section 21(d) of the Act, the law enforcement officer
having custody of the child shall refrain from using vulgar or profane words and
from sexually harassing or abusing, or making sexual advances on the child in
conflict with the law.

(e) Harassment and abuse

T The law enforcement officer shall refrain from sexually harassing or


abusing, or making sexual advances on the child in conflict with the law.

(f) Display and use of instruments of force or restraint

(1) The law enforcement officer shall refrain from subjecting the child
in conflict with the law to greater restraint than is necessary for
apprehension.

(2) If handcuffs or other instruments of restraint are used on the child,


the law enforcement officer shall record such fact in the report on
the initial investigation as required under Section 21(l) of the Act
and Rule 23.f, and the reason for the use of such instruments of
restraint.

(3) As required under Section 21(e) of RA 9344, the law enforcement


officer from the time of initial contact with the child shall also avoid
displaying or using any firearm, weapon, handcuffs or other
instruments of force or restraint, unless absolutely necessary and
only after all other methods of control have been exhausted and
have failed.

(g) Violence or unnecessary force

As prescribed by Section 21(g) of the Act, the law enforcement officer shall
avoid the use of violence or unnecessary force on the child in conflict with the law.

(h) Prohibitions also applicable to non-law enforcement officers

Other authorities including but not limited to persons to whom custody of the child
is turned over under Section 21(i) of the Act [Rule 31.b] and all persons having
contact with the child in conflict with the law shall also strictly observe the
prohibitions under this Rule.

Section 9. - Age

(a) Who determines the age; when and how

158
The law enforcement officer having initial contact with the child, after
taking the child into custody, shall immediately determine the age of the child. In
making such determination, the law enforcement officer shall, consistent with
Section 7 of the Act, take any or all of the following measures to ascertain the age
of the child:

(1) Obtain documents that show proof of the childs age, such as:
(a) Childs birth certificate;
(b) Childs baptismal certificate; or
(c) Any other pertinent documents such as but not limited to
the childs school records, dental records or travel papers.

The law enforcement officer may obtain the above documents from
any of the following:

(a) Parents, guardian or relatives of the child (for copies of


any of the above documents);
(b) Local civil registrar or the National Statistics Office (for a
copy of the birth certificate);
(c) School the child attends (for school records, dental
records, birth certificate or baptismal certificate, when
required by the school);
(d) Local health officer (for medical records); and
(e) Church (for baptismal records).

(2) When the above documents cannot be obtained or pending receipt of


such documents, the law enforcement officer shall exhaust other
measures to determine age by:

(a) Interviewing the child and obtaining information that indicate


age (e.g., date of birthday, grade level in school);
(b) Interviewing persons who may have knowledge of the age of
the child (e.g., relatives, neighbors, teachers, classmates);
(c) Evaluating the physical appearance (e.g., height, built) of the
child; and
(d) Obtaining other relevant evidence of age.

The law enforcement officer may obtain the assistance of the LSWDO and
the BCPC in gathering documents and other relevant information in ascertaining
the age of the child.

Section 10. Below the Age of Criminal Responsibility

(a) Immediate release of child; notify LSWDO

As provided in Section 20 of Ra 9344, if it has been determined that the


child taken into custody is fifteen (15) years old or below, the authority which will
have initial contact with the child has the duty to:

(1) Immediately release the child to the custody of his/her parents or


guardian, or in the absence thereof, the childs nearest relative; and

159
(2) Notify the LSWDO for the determination of appropriate intervention
and prevention programs for the child.

(b) Custody of child below age of criminal responsibility

(1) If the parents, guardians or nearest relatives cannot be located, or if


they refuse to take custody of the child, the child may be released by the authority
having initial contact with the child to any of the following:

(a) A duly registered non-governmental organization, i.e., duly licensed


and accredited by the DSWD;
(b) A faith-based organization;
(c) A barangay official;
(d) A member of the BCPC;
(e) An LSWDO; or
(f) The DSWD when and where appropriate.

(2) If parents, guardians or relatives are unable to take custody of the child
due to mental or physical incapacity or incarceration, the child shall be referred to
alternative placement such as foster homes, in addition to what has been provided
in RA 9344.

(Note: Adopted from the IMPLEMENTING RULES AND REGULATIONS OF RA 9344

RULE 52
UNDERCOVER OPERATIONS

Section 1. - Definition of Terms. The following terms are hereunder


defined:

(a) Undercover - is an investigative technique in which the


investigator conceals his true identity, organization and activity by
adopting a plausible cover story in order to accomplish his
assigned task(s).

(b) Surveillance is a form of investigation which consists of


keeping a person, place or other targets under physical or technical
observation in order to obtain evidence or information pertaining to
an investigation.

Section 2. - Scope of Undercover Operations. Undercover


operations shall involve the collection of information to support the investigative
law enforcement action, counter-intelligence operations, and other management
usage.

Sectio 3. - Usage of Information Obtained from Undercover


Operations. Information obtained from undercover operations shall be treated
as Lead for further case build up or to serve as basis for further evidence-

160
gathering to substantiate specific indictable legal case or cases against the
suspect/s and therefore, in no uncertain terms shall be used or considered as
evidence in court nor a cause for any immediate active law enforcement action.

Section 4. - Letter Orders. All personnel, during the conduct of


undercover operations, shall have with them letter orders for the purpose of
conducting undercover operations and carrying their firearms duly approved by
their immediate supervisors and filed appropriately with their respective offices.

Section 5. Restriction. Undercover operatives shall confine their


operations to the specific case(s) assigned to them.

Section 6. - After Operations Report. The undercover operative(s)


shall submit immediately his/their report upon completion of operation.

Section 7. - Use of Civilian Agents/Informants. A civilian


informant may be engaged to collect information to support the investigative law
enforcement and counterintelligence operation. No identification cards shall be
issued by any police unit to a civilian agent/informant for said purpose.

APPENDIX OF FORMS

Form 1. Coordination Form

(Letterhead of Coordinating Unit)

1. (To be accomplished by Coordinating Unit)

a. Date/Time of Coordination:___________________________
b. Coordinating Unit:__________________________________
c. Team Leader:______________________________________
(Rank/Surname/First Name/MI/Designation)

d. Number of Personnel Involved: _____________________


e. Number of Personnel Involved:_____________________
f. Description of Vehicles Involved:____________________

161
Type Make Color Plate Nr
1.
2.
3.

g. Nature of Operations:______________________________
h. Duration of Operations:____________________________

_____________________
Signature
Team Leader

II. (To be accomplished by receiving Territorial Police Unit)


a. Date/Time Received: __________________________________
b. Name of Receiving Personnel: ___________________________
(Rank/Surname/First Name/ Designation)
c. Name Of Receiving Unit: ________________________________

______________________
Signature

Note: (To be accomplished in three (3) copies.)

Form 2. Return of Warrant

Republic of the Philippines


National Police Commission
PHILIPPINE NATIONAL POLICE
_________________________________

___________________
Date

Honorable _________________
Presiding Judge
__________________________

Sir/Madam:

162
Respectfully return the attached Warrant of Arrest in Criminal Case No.
_________________ for Violation of __________ [Annex A] issued by the
Honorable Court on __________________with the information that accused,
__________________________ was arrested by elements of this unit led by
________________________________ inside their residence at
_______________________________________________

Arrested person was apprised of his Constitutional rights during the arrest
and then brought to the ________________________ for documentation and
proper disposition. [Annex B]. They were referred to the PNP Crime
Laboratory Group for physical and medical examination [Annex C] and
subsequently turned over to ______________________ for temporary
commitment [Annex D] pending the issuance of a Commitment Order by the
Honorable Court.

Request acknowledge receipt.

Very truly yours,

________________________

Incls:
A Warrant of Arrest in CC No. ________
B - Booking Sheets
C - Request for Physical Exam
D - Request for temporary commitment
E - Photo of accused

Form 3. Request for Preliminary Investigation and Waiver of


Article 125, Revised Penal Code

Republic of the Philippines


Department of Justice
OFFICE OF THE CITY/PROVINCIAL PROSECUTOR
City/Province of ________

_______________________, I.S. NO. ____________


Complainant, FOR: Violation of Article _____, RPC
(State the Specific Violations)
-versus-

_________________________,
Respondent.
x--------------------------x

REQUEST FOR PRELIMINARY INVESTIGATION

163
AND WAIVER OF ARTICLE 125, REVISED PENAL CODE

I, _______________________, respondent in the above entitled complaint,


and with the assistance of my counsel, wish to avail myself of my right to a
preliminary investigation and for this purpose, I hereby voluntarily waive my rights
under the provisions of Article 125 of the Revised Penal Code. Pending the
completion of the preliminary investigation proceedings, I agree to remain under
police custody.

__________, Philippines. __________________, 2006

_______________________
Respondent
(Signature over printed name)

ASSISTED BY:

___________________
Counsel
(Signature over printed name)
Address ________________
_______________________
Tel. No. _________________
Rolls of Attorney No. ______

Form 4. Application for Search Warrant

Republic of the Philippines


REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
Branch ________, City of ________

PEOPLE OF THE PHILIPPINES, SEARCH WARRANT NO. ____________


Plaintiff, FOR: Violation of Article _____, RPC
(State the Specific Violations)
-versus-
_______________________,
Respondent.
x- - - - - - ---- -- - - - - - - - - - - - - - x
APPLICATION FOR SEARCH WARRANT

COMES NOW, the undersigned, _______________________ presently


assigned at ___________________________________________ and having been

164
duly sworn to in accordance with law do hereby depose and state the following
under oath:

1. That he was informed and verily believes that ________(name of the


person to be searched), who may be found at the premises
________________(complete address of the place to be searched), is in
possession or has in his control a property (subject of the offense; stolen or
embezzled and other proceeds or fruits of the offense; used or intended to be
used as a means of committing an offense), which he is keeping and concealing in
the premises above described.

2. That the undersigned has verified the report and found it to be a


fact and was confirmed to him by his witnesses, Police Officer _______________
and Police Officer ___________________, who were able to gain entry into the
aforementioned premises of the respondents, and has therefore reason to believe
that a search warrant should be issued to enable the undersigned to take
possession and bring to this Court the following described property:
a.
b. (Complete and detailed description of the property to be seized)

3. WHEREFORE, the undersigned prays to this Honorable Court to issue


a search warrant authorizing him and or his men or any peace officer to search
the premises and if machines are attached tot eh ground, padlock the premises
described in this application and to seize and bring to this Honorable Court the
personal property above described to be dealt with in full accord with existing
laws.

City of _________________, Philippines, _____th day of ________ , 2006.


_________________________
Applicant

RECOMMEND APPROVAL FOR FILING: APPROVED FOR FILING:


____________________ ____________________
(Unit Head) (Chief of Office)
Republic of the Philippines)
_____________________)
x----------------------------------x

JOINT AFFIDAVIT

We, PO1 _____________________ and PO1 _________________, both of


legal age, bonafide members of the Philippine National Police and presently
assigned with ___________________________ after having been duly sworn to in
accordance with law, hereby depose and declare the following:

That we were the investigators/operatives tasked to conduct necessary


surveillance on (state the purpose or reasons for such surveillance) located at
___________________________________.

That on ______________, at around ____________, in order to ascertain


the veracity of the report, we proceeded to (the exact location of the place
intended to be searched), where we were able to gain entry inside the said
premises (state the means employed in gaining entry into the premises) and we

165
were able to see to ourselves the properties (subject of the offense; stolen or
embezzled and other proceeds or fruits of the offense; used or intended to be
used as a means of committing an offense), being kept and concealed in the
above stated premises and particularly described as follows:

a.
b. (Complete and detailed description of the properties)

That having confirmed the presence of said properties on the above stated
premises, we are executing this affidavit to support our application for the
issuance of a Search Warrant for the projected search and seizure of (state the
properties intended to be seized) at the aforementioned address and the arrest of
suspects for violation of _______________.

IN WITNESS HEREOF, we affixed our signatures over our printed names


below this _____ day of _______2006 at Camp Crame, Quezon City.

_____________________ _____________________
Affiant Affiant

SUBSCRIBED AND SWORN to before me this ______ day of


______________ at ________________________..

________________________
Administering Officer

This further certifies that I personally examined both affiants and I am


personally satisfied that they fully read and understood its contents and that they
freely and voluntarily executed the same.

________________________
Administering Officer

Republic of the Philippines


REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
Branch ________, City of ________

PEOPLE OF THE PHILIPPINES, SEARCH WARRANT NO. ____________


Plaintiff, FOR: Violation of Article _____, RPC
(State the Specific Violations)
-versus-

_________________________,
Respondent.
x------------------------x

DEPOSITION OF WITNESSES

We, ________________________ after having been duly sworn to testifies,


as follows:

166
Q- What is your name and other personal circumstances?
A- We are ______________ and ____________ both of legal ages, and
married and widow, respectively, a bonafide member of the Philippine National
Police and presently assigned with the __________________________.

Q- Do you know ______________, the applicant for search warrant?


A- Yes Sir, he is presently assigned with _____________________.

Q- Do you know the premises of _______________________ in


__________________________?
A- Yes Sir.

Q- Do you have personal knowledge that in said premises the following


properties are being kept, being used or intended to be used without proper
documents, to wit: ________________?
A- Yes Sir.

Q- Do you personally know who is or who are the person or persons


who has or have control of the above-described properties?
A- Yes Sir.

Q- How did you know that the said properties are kept in his/her
premises which are subject of the offense?
A- We conducted discreet surveillance and it was confirmed that
_______________ is keeping ________________ in her premises/residence.

_____________________ ____________________
Deponent Deponent

SUBSCRIBED AND SWORN to before me this _______ day of


__________2006 at ___________________.

Administering Officer
Republic of the Philippines
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
Branch ________, City of ________

PEOPLE OF THE PHILIPPINES, SEARCH WARRANT NO. ____________


Plaintiff, FOR: Violation of Article _____, RPC
(State the Specific Violations)
-versus-

_________________________,
Respondent.
x--------------------------x

COMPLIANCE/RETURN OF SEARCH WARRANT

COMES NOW, the undersigned Police Inspector _________________ of the


________________________________, and unto this Honorable Court, most

167
respectfully return the original copy of the Search Warrant No. _______duly
issued by this Honorable Court dated _______________ and manifests that:

On ______________, at about _______________,a Search Warrant issued


by this Honorable Court was served at the premises of the above-named
respondents at ________________, (Annex A)

During the search, the following articles subject of the search warrant were
found the said office, to wit:

a.
b.
c.
d.
e.

All the articles confiscated were under proper receipts and are now in the
custody of the undersigned.

WHEREOF, it is respectfully prayed of this Honorable Court that the return


of the Serach Warrant No. _____ be accepted and granting the undersigned to
have the custody of the aforecited articles until the termination of the
investigation.

Camp Crame, Quezon City, this ________________.

____________________
Applicant

REPUBLIC OF THE PHILIPPINES)


_________________________ )
x--------------------------------x

VERIFICATION

I, __________________________, after having been sworn to in


accordance with law, hereby depose and say:

That all the allegations contained on the Compliance/Return of the search


Warrant are true and correct and are of my personal knowledge.

_________________________
Applicant

SUBSCRIBED AND SWORN to before me this ________ day of


_____________ at ____________________.

168
_______________________
Administering Officer

Form 5. Receipt for Property Seized

________________
Date

RECEIPT FOR PROPERTY SEIZED

THIS IS TO CERTIFY that the undersigned has seized and taken possession
on the property herein below described from Mr/Ms____________, at
_____________________in accordance with Search Warrant No. _________
issued by Honorable Judge _____________ of RTC Branch ____________, dated
_____________ which seized was done in the presence of
Mr./Ms.___________________ to whom the original of this receipt is given, in the
presence of _____________________ and ______________ as witnesses, on
____________ 2006.

QUANTITY DESCRIPTION REMARKS


________________ _ _______________ ____________________
________________ _ _______________ ____________________
________________ _ _______________ ____________________

________________________
Signature over printed name
Seizing Officer
WITNESS TO SEIZURE AND INVENTORY:

1. ___________________________ 2.________________________
Signature over printed name signature over printed name
________________
________________
________________
Address

________________
Date/Time

CERTIFICATION OF ORDERLY SEARCH

TO WHOM IT MAY CONCERN:

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THIS IS TO CERTIFY that at about _________________ of ____________
1999, a team from ____________________ led by _____________________
conducted search in my residence/premises at ____________________ by virtue
of Search Warrant No. _____ issued by Judge _________________ of RTC Branch
Quezon City on _______________ 2006.

That I was present at al times and has witnessed the conduct of the search
which was done in an orderly manner, no unnecessary force was employed,
nobody was hurt nor was there anything lost nor property taken without official
receipt.

That the search was conducted in accordance with law and in view hereof,
I do not have any compliant whatsoever against any member of the
_________________________________ team that conducted the search.

IN WITNESS WHEREOF, I/WE have hereunto affixed my/our signature this


__________ 2006 at _____________________.

_____________________________________
Owner/Custodian of Property Subject of Search

WITNESSES:

__________________
__________________
__________________

SUBSCRIBED AND SWORN to before me this ______ day of


______________ 2006 at _____________________.

CERTIFICATION

THIS IS TO CERTIFY that I have personally examined the herein affiant and
I am fully satisfied that he/she voluntarily executed and understood his/her
statement.

_________________________
Administering Officer

Form 6. Dying Declaration

DYING DECLARATION

Contents of the Declaration:

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1. Identity of the assailant
2. Consciousness of an impending death
3. Surrounding circumstances of the incident

Questions to be asked when the victim can identify the assailant:

1. Sino po ang sumaksak (bumaril, pumalo, etc.) sa inyo?


2. Naniniwala ho ba kayo na kayo ay mamamatay na dahil sa tinamo
ninyong sugat?
3. Ano ho ba ang nangyari at sinaksak (binaril, pinalo etc.) kayo?

Questions to be asked when the victim cannot identify the


assailant:

1. a. Ano ho and suot niyang damit?


b. Gaano ho siya kataas?
c. Mga ilang taon na ho siya?
d. Hugis ng mukha?
e. Tabas ng buhok?
f. Mga ibang pagkakilanlan?
g. Saan ho siya tumakbo?
2. Naniniwala ho ba kayo na kayo ay mamamatay na dahil sa tinamo
ninyong sugat?
3. Ano ho ba ang nangyari at sinaksak (binaril, pinalo etc.) kayo

Form 7. Apprising the Suspect of his Constitutional Rights


(Miranda Doctrine)

MALAYA AT KUSANG LOOB NA SALAYSAY NI _______________ NA BINIGAY KAY


_______________________ DITO SA HIMPILAN NG
___________________________
NGAYONG ___________________ HUMIGIT KUMULANG ________________NG
UMAGA SA HARAPAN NI _________________________ AT
_____________________
x-----------------------------------------------------------------------------------
----------------------x

PASUBALI : __________________, ikaw ngayon ay nahaharap sa isang


pagsisiyasat na may kaugnayan sa kasong paglabag sa ___________________.
Bago natin ipagpatuloy ang pagsisiyasat na ito, nais ko munang ipaalam sa iyo
ang iyong mga karapatan alinsunod sa itinadhana ng umiiral na Bagong Saligang
Batas ng Republika ng Pilipinas na nagsasaad ng mga sumusunod na karapatan :

171
a. Na ikaw ay may karapatang manahimik o di kaya huwag sumagot sa
lahat ng aking itatanong sa iyo. Naiintindihan mo ba ito ?

SAGOT : Opo. _________________

b. Na ikaw ay may karapatang kumuha ng isang abogado na iyong pili at


kung wala kang makuhang sarili mong abogado, ang opisinang ito ay
nakahandang bigyan ka ng isang libreng abogado upang siyang iyong
maging gabay o patnubay sa imbestigasyong ito. Naiintindihan mo ba
ito ?

SAGOT : Opo. _________________

c. Na ikaw ay may karapatang malaman na ang iyong mga karapatang


itinadhana ng ating Bagong Saligang Batas at ang dahilan ng
imbestigasyon na ito at ang lahat ng iyong sasabihin dito ay maaaring
gamitin pabor o laban sa iyo sa lahat ng hukuman dito sa Pilipinas.
Naiintindihan mo ba ito ?

SAGOT : Opo. _________________

TANONG 1 : ______________________, matapos kong maipabatid sa iyo ang


iyong mga karapatan pantao na naaayon sa ating Bagong Saligang Batas, ang
mga ito ba ay iyong nauunawaan ?

SAGOT 1 : Opo. _________________

T2 : Nais mo bang ipagpatuloy ang pagsisiyasat na ito ?

SAGOT 2 : Opo. _________________

T3 : Kung gayon, ikaw ba ay nakahandang magbigay ng iyong malaya at kusang


loob na salaysay sa pagsisiyasat na ito sa harap ng mga saksi ?

SAGOT 3 : Opo. _________________

T4 : Kailangan mo pa ba ang patnubay ng isang abogado sa pagsisiyasat na ito?

SAGOT 4 : Opo. _________________

T5 : Mayroon ka bang napiling abogado na siyang gagabay sa iyo sa pagsisiyasat


na ito?

SAGOT 5 : Opo. _________________

T6 : Sino naman ang abogadong napili mo?

SAGOT 6 : Si Atty. _________________ po.

T7 : Nakahanda ka bang lumagda sa isang pagpapatunay na ikaw ay magbibigay


ng iyong malaya at kusang loob na salaysay sa harapan ng iyong piling abogado
na si Atty. __________________, na hindi ka pinilit, tinakot, o di kaya ay
pinangakuan ng ano pa mang pabuya kapalit ng gagawin mong salaysay ?

172
SAGOT 7 : Opo. _________________

T8 : Ikaw ba ay nakahandang magsabi ng katotohanan at pawang katotohanan


lamang sa pagsisiyasat na ito sa harapan ng iyong piling abogado na si Atty.
_______________?

SAGOT 8 : Opo. _________________

PAGPAPATUNAY

Ako, si _____________________________, ___ taong gulang, nakatira sa


_________________________________, ay pinaliwanagan ni
_____________________
ng aking mga karapatan na itinadhana alinsunod sa ating Bagong Saligang Batas
at ang lahat ng ito ay naganap sa harap ng aking piling abogado na si Atty.
_______________.

Ang lahat ng ito ay aking naunawaan. Ako ay hindi tinakot, pinilit, o di kaya
ay pinangakuan ng ano pa mang bagay o pabuya kapalit ng aking salaysay.

______________________
Nagsasalaysay

Nagbigay ng Patnubay :

_______________________
Atty. __________________

Form 8. Initial Investigation Report Under R.A. 9344

Republic of the Philippines


National Police Commission
Philippine National Police

INITIAL INVESTIGATION REPORT

Mark appropriate boxes with x


I. Personal Information
1.Surname
First Name
Middle Name

173
3. Date of Birth
2. Age 4. Place of Birth
Male
5. Sex Female 6. Address

7. Language/Dialect used
II. Apprehension

1. Time and date of apprehension: _______________________________________________

2. Place of apprehension : _______________________________________________

3. WAS THE CHILD HAS BEEN SEARCHED? Yes No


If Yes: Name of the law enforcer who conducted the search:
________________________________________________________

Sex: Male Female

4. WHERE HANDCUFFS AND OTHER INSTRUMENTS OF RESTRAINT USED


a. During apprehension: Yes No
If yes, give reason/s: __________________________________________
__________________________________________________________________

b. During investigation: Yes No


If yes, give reason/s: __________________________________________
__________________________________________________________________

5. NOTIFICATION:
a. Person notified after the childs apprehension:
i. Parents/Guardian: Yes No
If No, give reason/s: __________________________________________
_________________________________________________________________

ii. LSWDO : Yes No


If No, give reason/s: _________________________________________
_________________________________________________________________

iii. PAO : Yes No


If No, give reason/s: _________________________________________
_________________________________________________________________

b. Time and date of notification:

6. PHYSICAL AND MEDICAL EXAMINATION:


a. Was the child submitted to a physical and medical examination? Yes No
If No, give reason/s: ________________________________________________
_________________________________________________________________
_________________________________________________________________

b. Details:
i. Time and date : ___________________________________________________
ii. Name of the Physician: _____________________________________________
iii. Result: (To be accomplished by the physician or attached the Physical and Medical Result)
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________

174
_______________________________________________________________________

7. MEASURES TAKEN INDETERMINING THE AGE:


Childs birth certificate
Childs baptismal certificate
Other pertinent documents such but not limited to the childs school records,
dental records or travel paper.
Interviewing the child and obtaining information that indicate age.
Interviewing persons who may have knowledge of the age of the child
Evaluating the physical appearance of the child
Opinion of the physician
Obtaining other relevant evidence of age
Specify: ________________________________________________________
________________________________________________________
III. Investigation:

1. PERSONS PRESENT WHEN THE STATEMENT OF THE CHILD WAS TAKEN:


Childs counsel of choice, or ____________________________________
Lawyer from the PAO _____________________________________
Childs parents, or _____________________________________
Guardian _____________________________________
Nearest relative _____________________________________
LSWDO, or _____________________________________
Representative of an NGO _____________________________________
(duly accredited by the DSWD)

Faith-based group _____________________________________


Member of the BCPC _____________________________________
(Barangay Council for the Protection of Children)

2. STATUS OF INVESTIGATION:
Terminated
Not Terminated
Reason/s: insufficient of time
not subject for investigation
other; specify ___________________________________

IV. Physical custody of the child after 8-hr apprehension

TURNOVER OF CUSTODY:
a. Time and date: _____________________________________________________
b. Person whom the child was turned-over:
Parents
Nearest relative
Duly registered NGO
Faith-based organization
Barangay official
LSWDO
The DSWD
Name: ___________________________________________________________

PENDING TURNOVER OF CUSTODY:


Reason/s : The child was apprehended at night time.

175
The child was apprehended at weekend.

V. Referral

1. WHERE THE CASE SHALL BE REFFERED?


The LSWDO for intervention.

Diversion, under the;


Katarungang Pambarangay Level
Police investigation stage under the law enforcement officer
LSWDO
The Prosecutor or the Judge.

2. BASIS FOR REFERRAL:


a. Nature of the offense allegedly committed: ____________________________________
b. Corresponding imposable penalty : ____________________________________
c. If the child is above 15 but below 18 :
acted with discernment
acted without discernment
(Name of the LSWDO who assessed the discernment:___________________________)

176