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PART I
RULE I
GENERAL PROVISIONS
(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.
(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;
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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.
(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.
(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.
(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:
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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.
(b) In any case, the NSU Director shall immediately relieve the erring
RFU Commander, if so warranted and shall conduct further
dispositive action.
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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).
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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.
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.
RULE 5
POLICE 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.
RULE 6
INTER-UNIT CO0RDINATION
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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
(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;
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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.
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
(a) Police officers shall use force only when necessary and to the extent
required for the performance of their duty.
(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
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(c) Accessibility or the proximity of the suspect in harming the policeman
and other persons.
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.
(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
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
(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.
(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:
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(iv) Places where the circumstances require an
immediate law enforcement presence to protect life, well-
being or property; and
(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:
(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.
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they need not answer any question and are free to leave at
anytime.
(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
Such facts include, but are not limited to, the following:
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(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.
(c) The hour of day or night is inappropriate for the suspect's presence in
the area.
(h) The officer has knowledge of the suspect's prior criminal record or
involvement in criminal activity.
(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.
(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:
(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.
(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.
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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.
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.
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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.
(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).
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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) 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.
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,
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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]).
(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;
RULE 18
SEARCHES AND SEIZURES
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.
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(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
(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.
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property and a duplicate copy thereof with any barangay official having
jurisdiction over the place searched. (Appendces of Forms Form 5)
(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."
(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.
(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;
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(b) The discovery of the evidence in plain view is inadvertent
(discovery by chance).
(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).
RULE 19
CRIME SCENE RESPONSE
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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.
(b) Cordon off the crime scene with whatever available materials like
ropes, straws, human barricade, police line;
(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.
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(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.
(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.
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(c) Detailed Search. - The search for physical evidence is done using
the accepted methods of search depending upon the actual location to
be searched.
(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.
RULE 20
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 :
(iii) That he/she has the right to counsel of his/her own choice;
(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 :
(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;
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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
I. Definition of Terms:
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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.
(g) Conjugal Visit - shall refer to the visit of the spouse of the
detainee for the purpose of fulfilling marital obligation (Sexual
communication).
(a) Admission
(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:
(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
(d) Release
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.
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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.
(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.
(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.
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entertainment meals and dining and others of similar and analogous
description, unless upon lawful orders of the court.
(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
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.
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(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.
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(1) List/Inventory of the articles and items subject of the offense;
and
(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;
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(2) Certification of the Department of Environment and Natural
Resources/Bureau of Forest Management; and
(3) Seizure Receipt
PART IV
SPECIAL PROCEDURES
RULE 22
RULES ON LABOR DISPUTES, STRIKES AND LOCKOUTS
(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.
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latter, personnel from the Armed Forces of the Philippines (AFP) shall
not intervene nor be utilized in any labor dispute related activity.
(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.
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(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.
RULE 23
DEMOLITION ORDERS, INJUNCTIONS,
AND OTHER SIMILAR ORDERS
(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:
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1. In pursuance of any court order specifying police action
or assistance;
(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.
(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.
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(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.
RULE 24
RALLIES AND DEMONSTRATIONS
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.
(c) The PNP shall provide police assistance only when requested by the
leaders or organizers thereof to maintain peace and order or to ensure
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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.
(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.
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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.
(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.
(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.
(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;
(e) Isolated acts or incidents of disorder or breach of the peace during the
public assembly shall not constitute a ground for dispersal.
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:
(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):
(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) 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.
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.
(a) Truncheons
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weapon for dispersal. In such instances, CDM personnel shall
nonetheless, use the same with caution and due diligence to
avoid unnecessary injury.
(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:
(3) Articles 282, 286, Revised Penal Code (Grave Threats and Grave
Coercion)
(c) Refer the appropriate criminal complaint before the Prosecutors Office
within the period mention in Article 125 of the Revised Penal Code
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
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.
(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.
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(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.
(4) Consistent with the controlling principle that he must use only the
minimum force necessary to accomplish his mission, the Commander
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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
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.
(4) The Chief of Police shall head the team if the Order
involves an elected barangay official.
Section 4. Procedure
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 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.
(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.
(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
(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.
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(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.
(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;
(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;
(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;
(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.
(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.
(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;
(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.
(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.
(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.
RULE 28
HOSTAGE SITUATION
(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.
(b) Select the right time to make contact with the hostage-taker;
(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;
59
(k) Never set a deadline; try not to accept a deadline;
RULE 29
INTERNAL SECURITY OPERATIONS
(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).
60
as a scene of crime. The police unit that has jurisdiction over the areas
shall conduct the scene of crime operation (SOCO).
(d) Always keep in mind the modus operandi, strategies and tactics being
practiced/employed by the DTs;
(h) Intensify the conduct of covert and/or overt operations against DTs
who are acting as ordinary criminals/bandits and extortionists;
RULE 30
BOMB THREAT AND BOMB INCIDENT
EMERGENCY RESPONSE PROCEDURES
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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:
62
(a) Evacuation and assembly point routes must be searched to
ensure that personnel are not unnecessarily exposed to
danger during the evacuation.
(f) Avoid car parks as assembly areas and be mindful of the car
bomb potential.
(e) Turn off all electricity and gas units within the
premises/building.
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(g) Establish traffic control.
(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:
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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.
(b.1) Floor First check under the seats and mats and
then lift coverings to inspect floor.
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:
RULE 31
POST BLAST INVESTIGATION
(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.
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(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.
(a) Assess the nature and scope of the investigation through information
obtained during the walkthrough and from available personnel
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(b) Advise personnel of any secondary devices or other hazards found at
the scene
(f) Ensure that sufficient utilities and support services are requested (e.g
electricity, food, trash removal, sanitary services, security services,
and other public services)
(h) Remind personnel that evidence can take many forms; it is not limited
solely to components of device(s).
(b) Document activities, noting dates and times, associated with the
incident and investigation.
(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.
(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).
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(b) Consider muting the audio portion of any video recording unless there
is narration.
(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.
(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?
69
(j) Sketch artist.
(a) Before deploying the team, the investigator should review and
reevaluate:
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(4) Collector's name.
(5) Markings (Either directly on the item or indirectly on the
package).
(6) Packaging method.
(7) Miscellaneous comments.
(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.
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(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.
(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
(a) Discuss with team members, including those not present at the scene,
preliminary scene findings and critical issues that arose during the
incident.
(e) Photograph and/or video the final condition of the scene just before it
is released.
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:
(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.
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:
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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:
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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.
(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.
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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.
RULE 33
TRAFFIC ACCIDENT INVESTIGATION AND
DISPOSITION OF CARNAPPED VEHICLES
Determine WHAT happened, WHO was involved, WHEN, HOW and WHY
the accident occurred, and WHERE it happened.
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.
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(5) Motor Vehicle Accident.
(a) Speed
(b) Driver (attitude or behavior)
(c) Vehicular malfunctions
(d) Road conditions
(e) Road hazards
(f) Perception factors.
(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.
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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.
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(m) After leaving the accident scene:
(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.
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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.
20 kph = 40
30 kph = 90
40 kph = 160
80
(a) Divide seconds in an hour (3,600) into feet in a mile (5,280)
= 1.467.
(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.
(b) Conduct tests on the same road surface and in the same
direction.
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(10) Speed Calculations
(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.
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(iii) Guard against claims that the vehicle was stolen to evade
responsibility.
(i) Juveniles
(a) When the officer receives the call, he or she must inquire on
the following:
(b) Obtain the best possible description of the car and driver.
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(c) Appeal for information through local newspapers, radio,
TV, etc.
(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.
(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.
(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.
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which will help in identifying the car as that involved in the
hit-and-run accident.
(c) Approach and apprehend the driver of the suspect car as soon
as his identity and whereabouts are ascertained.
I. Procedures:
(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;
85
(5) The PNP Computer Center shall provide all PNP Units and
agencies concerned with a periodic updated list of
wanted/recovered motor vehicle;
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.
(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
(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.
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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:
RULE 34
SEABORNE COASTAL LAW ENFORCEMENT
(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.
(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.
(2) The prevailing weather condition (wind, sea state and visibility)
should be included in the planning phase.
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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.
(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.
(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:
(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.
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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.
(13) During this time, the search team will conduct thorough search of
the vessel including the following areas:
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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.
(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.
(e) All wounded suspects must be secured, given first aid and brought to
the nearest coastal hospital for immediate treatment.
(g) All evidence including the weapons used, slugs and ammos casing
must be photographed, sketched, logged and secured by the evidence
custodian.
(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.
(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.
(1) Flashlight
(2) Search mirrors
(3) Safety Knife
(4) Gloves
(5) Evidence bag
(d) The following must be taken into consideration during the search:
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.
(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.
(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.
RULE 35
AVIATION SECURITY PROCEDURES
Section 1. Policies
(b) Merit and demerit system in line with the SOP of Office of
Transportation Security (OTS) shall be strictly implemented;
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;
The following are the specific duties and functions of the assigned
personnel:
(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;
(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;
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(1) Assist the Armed Supervisor in monitoring the individual
performances of their members and act as Firearm
Facilitator/Coordinator
(7) Maintain the proper use and control of the teams issued
handheld radios;
(3) Advise passengers to place the divest container and each of the
luggage flat in the metal roller/conveyor belt;
(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.
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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.
(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;
(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.
(13) Log out after every twenty minutes and observe the 20.40
minutes rule.
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(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;
(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;
(10) Return all the items taken out on the suspected luggage and
close the same thereat
(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;
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(5) Direct concerned person to pass through the walk thru metal
detector in normal/regular pace;
(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.
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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;
(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;
(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
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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;
(7) Search hair and neck of passengers with long hair or hair styles
in which weapons could be hidden;
(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;
(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;
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boot should be x-rayed. Sandals need not be removed except
unless when it is elevated and capable of concealing
prohibited/threat objects.
(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).
(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;
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(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;
(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;
(a) Ask and receive the passengers permission for the bag to
be inspected;
(2) Scientific film x-ray and very high speed film (ISO 1,000 or
higher), should be manually inspected.
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E. Camera, film, Camera Bags
(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.
F. Electronic Devices.
(a) Ask the passenger to remove the device from its carrying
case;
Section 3. Guidelines for the Items that shall not Pass into the
Sterile Area.-
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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.
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.
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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).
106
Police Department (APD) in prescribed uniform, may pass
through the checkpoint without full screening.
(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.
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) 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.
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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.
(5) Advise the handler to standby and wait until the inspection
of the handicapped passenger and wheelchair are completed
before reconciliation.
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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.
(a) Monitor all activities and make necessary incident reports; 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
110
(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.
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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.
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.
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(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
(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
(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.
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(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.
(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.
(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.
RULE 38
COMPUTER CRIME INCIDENT RESPONSE PROCEDURE
115
(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 :
(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:
(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.
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)
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(2) Numbers stored for speed dial
(3) Caller ID for incoming calls
(4) Other information contained in its memory
(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) for numeric pagers, numeric digits and numbers and code
being communicated;
(2) for alpha numeric pagers, numbers, letters, full text
stored;
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(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.
(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.
(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.
RULE 39
INVESTIGATIVE PROCEDURE ON SEX CRIMES
119
Section 1. Salient Principles of Sex Crimes. -
(d) Most sex offenders have peculiarities that fall under any of the
following categories:
(b) Be intensely suspicious. Watch out for words spoken that might
reveal both the victim or suspect away.
120
(c) Be extremely curious. Get to know what goes on in the mind of
both the victim and the sex offender.
(j) Take all complaints seriously. Remember that sex offenders will
do things that ordinarily are hard to explain.
121
(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.
(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.
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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:
RULE 40
INVESTIGATION OF GRAFT AND CORRUPT PRACTICES CASES
123
(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.
(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.
RULE 41
INVESTIGATION OF FALSIFICATION CASES
124
officer for the sole purpose of comparison with the questioned documents and are
generally known as requested or dictated 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
125
ESTAFA, BOUNCING CHECKS AND BANK FRAUD INVESTIGATION
126
(vi) Telegraphic transfer
(vii) Credit ticket
(viii) Official receipt
(ix) Check used.
(x) Specimen signatures.
127
(iv) Trust receipt
(i) Domestic L / C.
(i) Invoice
(ii) Draft or promissory note
(iii) Trust receipt
RULE 43
ARSON INVESTIGATION
128
(b) Take photographs of the following:
(c) Sketches
(d) Laboratory
129
an accidental fire, or leads on possible suspects and
motives.
(f) Insurance
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.
(b) Statements.
Section 3. Motives. -
131
(a) Fraud
(b) Spite Revenge
(c) Cover up a Crime
(d) Vandalism Riots
(e) Pyromania
(f) Juvenile delinquency
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.
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(6) Weather condition, wind direction, speed, 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.
(11) Insurance
(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
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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
(15) Suspects
(16) Motive
(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
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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.
RULE 44
PASSPORT AND VISA RACKET INVESTIGATION
(1) Passport on file with the Record Section, Passport and Visa
Division, Consular Affairs Office.
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.
(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.
(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.
(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.
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.
RULE 45
FAKE OVERSEAS EMPLOYMENT RACKET
(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;
(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;
(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.
(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.
(a) Take the sworn statements of complaint(s) and the witnesses, if any
(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.
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;
(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.
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.
(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.
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.
(4) Suspects true identity are unknown, thus, hindering the filing of case
against them.
RULE 46
ANTI-SMUT OPERATIONS
(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.
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RULE 47
Procedures in Responding to Kidnapping for Ransom Cases
(i) VICTIMOLOGY
(ii)NEIGHBORHOOD INVESTIGATION
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.
(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.
143
(b)Keep the caller online for as long as possible
(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) 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.
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.
(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.
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.
(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.
(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.
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.
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
(1) Summary
(2) Order of Battle
(3) Agents Reports
(e) Case-Build Up
(1) Simultaneous
(2) Maximum paralyzing effects against the OCG
149
(v) Where police operations resulted in injuries or death of
suspects:
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]
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 ;
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;
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.
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.
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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:
(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.
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.
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.
153
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.
(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 taking the statement of the child, the law enforcement officer shall
observe the following guidelines:
(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.
(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.
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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:
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.
After the initial investigation, the law enforcement officer conducting the
same shall prepare a report, which contains the following information:
(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;
(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.
After the initial investigation, the law enforcement officer shall determine if the
case of the child shall be referred to:
(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.
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.
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.
(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;
(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.
(a) Detention
(2) The child shall not be detained in the provincial, city or municipal
jail, even if there are quarters separate from adult detainees.
A child in conflict with the law shall not be searched by a law enforcement
officer of the 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.
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.
(1) The law enforcement officer shall refrain from subjecting the child
in conflict with the law to greater restraint than is necessary for
apprehension.
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.
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
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:
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.
159
(2) Notify the LSWDO for the determination of appropriate intervention
and prevention programs for the child.
(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.
RULE 52
UNDERCOVER OPERATIONS
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.
APPENDIX OF FORMS
a. Date/Time of Coordination:___________________________
b. Coordinating Unit:__________________________________
c. Team Leader:______________________________________
(Rank/Surname/First Name/MI/Designation)
161
Type Make Color Plate Nr
1.
2.
3.
g. Nature of Operations:______________________________
h. Duration of Operations:____________________________
_____________________
Signature
Team Leader
______________________
Signature
___________________
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.
________________________
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
_________________________,
Respondent.
x--------------------------x
163
AND WAIVER OF ARTICLE 125, REVISED PENAL CODE
_______________________
Respondent
(Signature over printed name)
ASSISTED BY:
___________________
Counsel
(Signature over printed name)
Address ________________
_______________________
Tel. No. _________________
Rolls of Attorney No. ______
164
duly sworn to in accordance with law do hereby depose and state the following
under oath:
JOINT AFFIDAVIT
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 _______________.
_____________________ _____________________
Affiant Affiant
________________________
Administering Officer
________________________
Administering Officer
_________________________,
Respondent.
x------------------------x
DEPOSITION OF WITNESSES
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- 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
Administering Officer
Republic of the Philippines
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
Branch ________, City of ________
_________________________,
Respondent.
x--------------------------x
167
respectfully return the original copy of the Search Warrant No. _______duly
issued by this Honorable Court dated _______________ and manifests that:
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.
____________________
Applicant
VERIFICATION
_________________________
Applicant
168
_______________________
Administering Officer
________________
Date
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.
________________________
Signature over printed name
Seizing Officer
WITNESS TO SEIZURE AND INVENTORY:
1. ___________________________ 2.________________________
Signature over printed name signature over printed name
________________
________________
________________
Address
________________
Date/Time
169
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.
_____________________________________
Owner/Custodian of Property Subject of Search
WITNESSES:
__________________
__________________
__________________
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
DYING DECLARATION
170
1. Identity of the assailant
2. Consciousness of an impending death
3. Surrounding circumstances of the incident
171
a. Na ikaw ay may karapatang manahimik o di kaya huwag sumagot sa
lahat ng aking itatanong sa iyo. Naiintindihan mo ba ito ?
172
SAGOT 7 : Opo. _________________
PAGPAPATUNAY
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. __________________
173
3. Date of Birth
2. Age 4. Place of Birth
Male
5. Sex Female 6. Address
7. Language/Dialect used
II. Apprehension
5. NOTIFICATION:
a. Person notified after the childs apprehension:
i. Parents/Guardian: 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
_______________________________________________________________________
2. STATUS OF INVESTIGATION:
Terminated
Not Terminated
Reason/s: insufficient of time
not subject for investigation
other; specify ___________________________________
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: ___________________________________________________________
175
The child was apprehended at weekend.
V. Referral
176