Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 53

A.

ARREST
1. Arrest Defined – Arrest is the taking of a person into custody so he can answer for the commission of an
offense.

2. Who are exempt from Arrest?


a. Senators or members of the House of Representatives, while Congress is in session, in all offenses
punishable by not more than six (6) years imprisonment.
b. Diplomatic officials and their domestics.

3. Duty of Arresting Officer. It shall be the duty of the officer executing the warrant without unnecessary delay to
arrest the accused and to deliver him to the nearest police station or jail.

4. Techniques in Making Arrest.


a. Initial contact with subject.
i. Investigator/operative identifies himself in a clear and audible voice.
ii. Show identification.
iii. Inform the subject that he is under arrest.
iv. Consider the possibility that the subject is wanted for another crimes.

b. Methods of Arrest:
i. With warrant of arrest – the officer shall inform the person to be arrested of the cause of the arrest
and of the fact that a warrant has been issued for his arrest, except when he flees or forcibly resist
before the officer has opportunity so to inform him 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 warrants shall be shown to him as soon as
practicable.

ii. Without a warrant of arrest – The officer shall inform the person to be arrested of his authority and
the cause of his arrest, unless the person to be arrested is then engaged in the commission of an
offense or is pursued immediately after its commission or after an escape, or flees or forcibly resists
before the officer has opportunity so to inform him, or when the giving of such information will imperil
the arrest.
c. Investigator’s/operative’s conduct.
i. Be natural and pleasant but forceful and aggressive.
ii. Dominate the situation.
iii. Voice must command authority
iv. Demand prompt and absolute obedience.
v. Nervousness should be controlled.
vi. Avoid acting “tough” as the subject will be the first to detect it.
vii. Avoid profanity (this reflects personality weakness).
viii. Avoid being reticent or apologetic.
ix. Avoid unnecessary conversation.
x. Investigator in charge does the talking and gives the commands.

5. Life of a Warrant of Arrest. A Warrant of Arrest, even if not served within the statutory period, remains valid unless
recalled by the issuing court, or if the accused is arrested or has voluntarily submitted himself to the jurisdiction of the
issuing court, unlike a search warrant which has a lifetime of only ten (10) days from its date of issuance.

6. When arrest may be Legally Effected.


a. In general, an arrest can be validly effected only upon lawful order of warrant of a competent court or
judge.
b. Lawful Warrantless Arrest:
i. When, in the law enforcer’s presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense.
ii. When an offense has in fact just been committed and the officer has personal knowledge of facts
indicating that the person to be arrested has committed it.
iii. When the person to be arrested is a prisoner who has escaped from a penal establishment or
place where he is serving final judgment or temporarily confined while his case is pending, or has
escaped while being transferred from one confinement to another.
iv. If a person lawfully arrested escapes or is rescued, any person may immediately pursue or retake
him without a warrant at any time and in any place within the Philippines.
v. When the arrest is made by a bondsman for the purpose of surrendering the accused.
vi. Where the accused released on bail attempts to leave the country without court permission.
vii. Violation of conditional pardon, punishable under Article 159 of the Revised Penal Code as a case
of evasion of service of sentence.
7. Planning the Arrest.
a. This is responsibility of the chief team leader or officer acting in his absence.
b. If the arresting party is composed of two (2) or more members, somebody must be placed in charge,
preferably the most experienced.
c. Consider the arresting party and covering party.
d. Consider protection of innocent bystanders.
e. Prevent escape of subject.
f. Make a discreet reconnaissance of the area.
g. Determine weapons and equipment needed.
h. Consider superiority of manpower and firepower.
i. Make the plan simple enough to be understood by the least experienced operative/investigator.
j. Consider the element of SURPRISE. (Daybreak has proven satisfactory for a number of successful arrest).
k. Consider SPEED in the execution of the plan.
l. Consider overall coordination.
m. Consider concealment or cover that might be available both in effecting the arrest and removing the
subject from the building.
n. The briefing officer should ask the participants if they have any questions regarding the plan.

8. Who May Execute Arrest. Among others, members of the PNP and the NBI may effect arrests.

9. How to Effect Arrest


a. In General. An arrest is made by an actual restraint of the person to be arrested, or by his submission to
the custody of the person making the arrest.
No violence or unnecessary force shall be used in making an arrest, and the person arrested shall not be
subjected to any greater restraint than is necessary for his detention. (Sec. 2, Rule 113)
b. Making the Arrest.
i. Use good judgment in connection with the arrest.
ii. Assume that the subject is armed and will take your life if given an opportunity.
c. Arrest on the Street.
i. This should be made from the side or rear when possible.
ii. Subject should be forced toward a building
iii. Avoid congested areas when possible.
d. Arrest at Home, Office or Business Establishment.
i. Restrict the subject’s movement. Do not grant request for personal privileges before being
searched.
ii. Clothing and other things requested should be examined for weapons or items of evidence before
turning them over to the subject.

10. Territorial Effectively of a Warrant of Arrest. Warrant of arrest issued by Metropolitan Trial Court, Municipal
Trial Courts or Municipal Circuit Trial Courts can be served anywhere in the Philippine without a certification by a judge of
the Regional Trial Court. (Supreme Court Circular No. 14, 22 Oct 85.)

11. Duty of Person Making an Arrest Without a Warrant. Any person making an arrest on legal grounds shall,
without unnecessary delay and within the time prescribed under Art. 125 of the Revised Penal Code, take the person
arrested to the proper court or judge for appropriate action. However, it is not the physical delivery of the arrested person
that is required under Art 125 of the RPC, but the filing of an information against the arrested person in the proper court,
where the judge has the authority to issue an order of release or of confinement.

12. Periods Within Which Person Arrested Without a Warrant Should be Charged in the Proper Forum. Executive
Order No. 272, dated 25 July 1987, amended Article 125 of the Revised Penal Code by extending the period authorized to
detain a person prior to delivery to the judicial authority, to wit: six (6) to twelve (12) hours for crimes or offenses
punishable with light penalties; nine (9) to eighteen (18) hours for crimes or offenses punishable with correctional
penalties; and eighteen (18) to thirty six (36) hours for crimes or offenses punishable with afflictive or capital penalties.

13. Right of Attorney of Relative to Visit Person Arrested. Any member of the bar shall, at the request of the person
arrested or of another on his behalf, have the right to visit and confer privately with such person, in jail or any other place
of custody at any hour of the day or, in urgent cases, of the night. This right shall be exercised by any relative of the
person arrested to reasonable regulation (Sec. 14, Rule 113) Executive Order No. 155, dated March 1987, amending
Republic Act No. 857, penalizes any public officer who deprives a person of his right to counsel. The penalty shall be
prison correctional or imprisonment of 6 months and 1 day to 6 years.

14. Medical Examination of Arrested Person/Suspect. Immediately after the arrest of a person ordered arrested by
the court, or of a suspect under investigation, he should be subjected to a medical examination. Prior to his release or any
change of custody, the suspect should also be medically examined by a medico-legal officer or, in the absence of such
medico-legal officer, by any government physician in the area.
15. Summoning Assistance for the Arrest. Any officer making a lawful arrest may verbally summon as many as he
deems necessary to aid him in making the arrest. Every person so summoned shall aid him in the making of such arrest
when he can render such aid without detriment to himself (Sec 10, ibid)

16. Right of Person Arrested. Republic Act No. 7438 states the right of a person arrested, detained or under
custodial investigation. (Appendix A)

B. SEARCH
1. Search Defined. Search is an examination of an individual’s person, house papers or effects, or other buildings
and premises to discover contraband or some evidence of guilt to be used in the prosecution of a criminal action.

2. Search Warrant Defined. A search warrant is an order in writing issued in the name of the People of the
Philippines, signed by a judge and directed to a peace officer, commanding him to search for personal property described
therein and to bring it before the court. (Sec 1, Rule 126)

3. Item to be Seized. A search warrant may be issued for the search and seizure of the following personal property:
a. Property subject of the offense;
b. Property stolen of embezzled and other or fruits of the offense and
c. Property used or intended to be used for committing an offense. (Sec 2, ibid)

4. Probable Cause Required for Search Warrant. Probable cause means that sufficient facts must be presented to
the judge issuing the warrant to convince him that circumstances sufficiently establish the need for the issuance of the
warrant.

5. May Things Illegally Seized be Admitted in Evidence? The fruits of an illegal search are inadmissible as
evidence. Any evidence obtained in violation of the right of the people against unlawful searches and seizure shall be
inadmissible for any purpose in any proceeding. (Sec 3(2), Art. III, 1987 Constitution.)

6. May Articles Not Mentioned in the Searched Warrant be Seized? Generally, articles not included in the search
warrant may not be seized. However, articles prohibited by a statute, although not included in the search warrant, may be
seized. Thus, if during the progress of a bonafide search for other commodities illegally possessed, whether with search
warrant or not, contraband or items declared as illegal per se are discovered, the contraband can be seized. The seizure
of goods, the possession of which is forbidden by statute, violates no constitutional right of the accused.
7. How to Serve a Search Warrant. A search warrant must be served within ten (10) days from its date (thereafter,
it shall be void) Sec 9, Rule 126) in the following manner:
a. The police officer concerned must go to the place indicated in the search warrant and take the things
described therein, in the presence of at least one competent witness who is a resident of the neighborhood.
If he is refused admittance to the place of search after giving notice of his purpose and authority, he may
force himself in to execute the warrant; and if he is detained therein, he may force himself out to liberate
himself. (Sec 6, ibid)
b. The search must be made at daytime, unless otherwise stated (Sec. 8, ibid)
c. The officer seizing the property must issue a detailed receipt of the things seized to the person in whose
possession it was found, or in the absence of such person, he must, in the present of at least one witness,
leave such receipt in the place where such things was seized. (Sec .10, ibid)
i. In compliance with this procedure, it has been standard practice to issue a RECIEPT FOR
PROPERTY SEIZED (See Apendix “A”) after a seizure. The receipt is signed by the seizing officer
only and two witnesses. Recent Supreme Court decision, however, declare that such receipt when
signed by the accused, is in effect an extrajudicial confession of the commission of the offense
charge. (People v de las Marinas, G.R. No. 87215, 30 Apr 91; and People v Mauyao, G.R. No.
84525, 6 Apr 92). Consequently, if the accused does not sign such receipt, it may still be used in
evidence. Moreover, if the accused DID in fact sign the receipt, but he signed it with the assistance of
a lawyer of his choice, that act would constitute a valid waiver of his right against self-incrimination.
ii. It must be noted that in the cases cited above, the crime charged is possession of prohibited drugs.
Thus, the signature of an accused on the receipt is a declaration against interest and a tacit
admission of the crime charged, as mere unexplained possession of prohibited drugs is punishable.
The doctrine is therefore not a hard and fast rule as far as the “Receipt for Property Seize” is
concerned. If the crime charged is possession of unlicensed firearms, for example, the doctrine would
apply. In other cases, it will not apply.
iii. Another document which is madder after a search is a CERTIFICATION OF PROPERTY SEIZED
(See Appendix “B”). This is signed by the owner of the seized property, and would seem to fall more
under the court pronouncement above than the
“Receipt for Property Seized” does.
d. As much as possible, during the opening of safes, drawers, cabinets, tables, etc., the lifting of the articles
should be done by the owner of the house or his authorized representative, or by immediate members of his
family, to preclude any suspicion of theft of planting of evidence.
e. Thereafter, the officer must immediately deliver the things or property seized to the judge who issued the
warrant, together with an inventory duly verified under oath. (Sec 11, ibid.)

8. Lawful Warrantless Searches and Seizures:


a. When there is consent or waiver. To be valid waiver, the right must exist, the owner must be aware of
such right, and he must have an intention to relinquish it.
b. When evidence to be seized is in “plain view.” The discovery of the evidence must be inadvertent or
unintentional.
c. Customs search or searches made at airports/seaports in order to collect duties. This warrantless search
is allowed due to urgency.
d. Search of moving vehicles may be made without a warrant because it would be impracticable to secure a
warrant before engaging in “hot pursuit.”
e. Routine searches made at or in the interest of national security, such as border checks or checkpoints.
f. Stop-and-search or stop-and-frisk, where the search precedes the arrest, and is allowed on grounds of
reasonable suspicion.
g. Search incidental to a lawful arrest. A person lawfully arrested may be searched for dangerous weapons
or anything which may be used as proof of the commission of an offense, without a search warrant. (Sec 12,
Rule 126)

9. Searches of Person Arrested.


a. “Probe,” do not “pat.” (A woman operative should be used to search females.)
b. The need to handcuff subject(s). Dangerous and violent criminals, as well as escapes from prisons and
escapes artists, must be handcuffed.
c. Do not stop the search when a weapon is found.
d. Look for items which may be used to commit suicide.
e. Look for items of evidence.
f. Searches should never cross the line of fire.
g. Do not talk to subject(s) in the course of the search.
h. Do not grant subject’s request to attend to something before, during and immediately after the search.
i. In a search by a single officer, have the gun ready with the hand at a distance from the subject.
j. Be sure to search every part of the body and clothing.

10. Types of Searches:


a. Wall Search. The purpose is to place the subject in an “off-balance” position requiring the use of both
arms and legs to keep him from falling to the ground. This is the safest type of search. It does not necessarily
require a wall; any object that can support the weight of the subject (such as a car) can be used. The procedures
are:
i. Require subject to place both hands on the wall slightly higher than his waist. Spread hands as far apart as possible.
Palms should be place against the wall, fingers extended.
ii. The subject’s feet must be extended back away from the wall as far as possible. Spread them far apart as possible ,
toes pointed out. Buttocks should not be on an arched position.
iii. The subject’s head should be down or bowed at all times.
iv. Mechanics in executing the “Wall Search”:
1. If there is only one subject, the leader of the search should place himself at one side, while his subordinate is on
the other side;
2. To search the other side, the subordinate should move to the opposite side;
3. If there are two or three subjects, move one subject to be searched on the wall, but out of reach of the others;
4. Search both sides of subject, the leader conducting the searches and the subordinate guarding the other
subjects;
5. Move one subject at a time;
6. Subject’s head should be down at all times;
7. the subordinate should concentrate on the actions of the subject and not the action of the leader;
8. When there are more than three subjects, additional personnel should be summoned;
9. In serious apprehensions, the searcher should hold his weapon in ready position throughout the search;
10.The body must be searched systematically with the foot of the searcher place tightly against subject’s foot, right
with right, left with left, anklebone against anklebone;
11.Remove any object found, then examine the palm of the palm of the hand, including between the fingers.

b. Standing Search.
i. Raise subjects hand over his head and spread his feet far apart as possible.
This is not recommended because the subject is in the “onbalance” position.
c. Kneeling Search.
i. Subject kneels on the ground with hands raised over his head.
This is also discouraged for the same reason as the “standing search.”
d. Prone Search.
i. Subject lies on his stomach with arms and legs outstretched.
ii. Subject has both arms and legs free and is at all times in an “on balance”
position.
iii. Front part of clothing cannot be searched.
iv. This can extremely dangerous if the subject has knowledge of judo.

11. Method of Restraint: Handcuff.


The best method of restraint, if applied properly, is a good preventive measure; but if improperly applied, it
could be dangerous.
a. How handcuffs are applied:
i. Take position directly behind the subject.
ii. The handcuff is applied when the subject has place his hand on his back.
iii. Do not reach out for the hands of the subject as it will provide him with an opportunity to grasp the
hand of the investigator and throw him off –balance.

b. When applying handcuffs, give the following orders to the subject and follow this procedure:
i. First Order: “Take your right hand off the wall and place it on your back.” Fasten the handcuff to this
hand and firmly hold the other handcuff.
ii. Second Order. “Move up and put your hand against the wall.” Allow the subject to move closer to
the wall, making certain his feet remain back far enough to keep him “off-balance.”
iii. Third Order: “Take your other hand off the wall and place it on the small of your back.” Fasten the
other handcuff and double-lock both handcuffs.
iv. Final Order: “Stand up and face the wall.” Help the subject in doing this.

12. Transporting a Prisoner.


a. If transported by jeep, the subject is seated on the right rear seat and police seats at the rear on the left
side facing the subject. Secure the hands of the subject under his knees.
b. If transported by card, the subject is seated on the left rear seat and the investigator sits on the right rear
seat. Hands of the subject should be secured under his knees.

C. RAIDS AND SEIZURES


1. Introduction.
a. Every member of a law enforcement organization must know the technique of conducting a raid.
b. Raids are usually made after careful investigation and when other methods of accomplishing the mission are not
suitable.
c. Whenever available, men experienced in conducting police raids should be chosen as raid commanders.

2. Raid Defined. A raid is surprise in invasion of a building or area. It is small scale attack of a limited territory. Legal basis.
A raid must be legal, having its basis in lawful process and conducted in a legal manner. This will be in the form of a
search warrant or warrant of arrest. The raid may be in pursuit of a person reasonably believed to be guilt of felony when
it is know that the felony has just been committed.

3. Objectives. The purpose of a raid is usually to:


a. Effect an apprehension;
b. Obtain evidence of illegal activity by surprising the offenders in fragrante delicto; or
c. Recover stolen property.

4. Factors Affecting Success or Effectiveness of a Raid:


a. Size of raiding party.
b. Speed
c. Surprise
d. Superiority of arms.
e. Simplicity of plan and operation.

5. Composition of a Raiding Party:


a. Raid commander, assistant raid commander, covering or surrounding party;
b. Going-in detail or entering party;
c. In charge of rendering inoperative the subject’s vehicle, if any;
d. Recover who should keep an accurate log of the raid, gather evidence, make inventories and testify in court; and
e. Photographer.

6. Duties of Covering or Surrounding Party:


a. Covers approach of going-in detail or entering party.
b. Prevents the escape of criminals
c. Covers the entire area of the building.
d. Neutralizes fire of barricaded criminals.
7. Duties of Going-In Detail or Entering Party:
a. Calls for surrender of criminals.
b. Effects arrests.
c. Incapacitates and dislodges criminals
d. Searches for evidence.

8. Undertakings. As in purely military operations, a raid, to be successful must have the following elements:
a. Mission
b. Reconnaissance.
c. Plans.
d. Instructions.
e. Orders.
f. Execution.

9. Planning the Raid. The success of a raid depends upon intelligent planning and competent implementation. To achieve
the necessary element of surprise, the operation must be performed surreptitiously and with speed.
a. The terrain and buildings should be subjected to close study.
b. In order to obtain the necessary data for planning, a reconnaissance/surveillance of the place should be
conducted.
c. The participants should be informed of the nature of the mission.
d. The specific assignment and position of each member of the raiding party, the tactics to be employed, the
equipment and transportation to be used, the evaluation of possible danger points, and the optimum time to be
selected should be stressed.
e. Things to consider when planning a raid:
i. Need for surveillance.
ii. Number of individuals to be apprehended. Are they armed? With what? If uncertain, assume they are
armed.
iii. Are photographs and descriptions of subjects available for use in the briefing?
iv. Determine the physical structure of the place where the criminals are located.
v. Determine all possible escape routes.
vi. Need to discreetly photograph the place and immediate area
vii. Type of neighborhood where the hideout is located.
viii. Volume and kind of activities in the neighborhood at various times (to determine the most desirable time
to conduct the raid).
ix. Street plans of neighborhood for possible road blocks.
x. Do the men have confidence in the ability of the raid leader?
xi. Consider:
. Speed – in moving into position and the execution of the plan.
. Surprise – catch subjects off-guard.
. Simplicity – plan that is easy to remember and understand; this avoids confusion.
xii. Consider the dividing the raiding party into:
. Cover group: moves into position on first, covers advance of raiding group and avenues of escape.
. Raid group: disarms and restrains subjects, searches premises secures evidences, etc.
xiii. Does every member of the raiding groups know the raid plan completely? The identities and duties of
all?
xiv. What is your move-out plan?
xv. What are the instructions concerning the use of firearms?
xvi. What are the instructions concerning the possible handling of traffic?
xvii. What are the instructions concerning communications, signals, etc.?
xviii. Make sure your plan avoid crossfire.
xix. Do you have all equipment you might need, such as flashlights, searchlights, vehicles, transceivers,
loudspeaker, (public address system), firearms, teargas, etc.?
xx. Ask each participants to repeat his duties to the raid leader.

10. Raid Operation.


Coordination of individual efforts is an essential element in the success of a raid. The raiding party should act as a
team. The members of the team must thoroughly understand the objectives, the plan of action and the orders. Each man
should hold his assigned position until his orders are changed by the team leader. Before leaving the headquarters to the
target, the team leader must conduct a final briefing of personnel. Assembly of the team at the designated area, should
not be too close to the target, they must not show the appearance o a formal gathering. The raiders’ vehicle must be
safeguarded to prevent its use by the subjects. Vehicles which belong to the subjects should be rendered inoperative by
the simplest available means. Men should be posted, depending on the number to cordon the area to prevent possible
escape and restrain people from wandering. In the event that the suspect fails to heed the warning to surrender, entry
must be made through one point to avoid mis-encountner. Upon completion of the raid, guards should be designated to
protect the property and to observe or apprehend associates of the suspect. Reassembly at a designated place for a final
accounting of all members of the raiding team.

11. Coordination with the Local Police Station. It is imperative that immediately before the service of a search
warrant, the team leader should see to it that proper coordination is made with the commander of local police station
having jurisdiction over the target premises. The coordinating party will inform the local station that their team is
conducting an operation in their area. This gesture of coordination is not only a manifestation of courtesy but also a safety
measure to avoid the possibility of a mistake encounter.

12. Don’ts in a Raid:


a. Don’t take unnecessary chances.
b. Don’t underestimate the ability or courage of the subject(s).
c. Don’t raid when not properly prepared.
d. Don’t endanger the lives of bystanders.
e. Don’t use raiders not well-acquainted with each other.
f. Don’t forget gas masks when employing teargas.
g. Don’t be unnecessarily rough on the subject(s)
h. Don’t shoot to kill unless very imperative
i. Don’t touch the evidence unless seen by witnesses, or by the owner or occupant of the place.

13. Disposition of Seized Items


a. The following will be seized at the scene of the raid:
i. Weapons which may be used against the raiding party.
ii. Articles which might be used as a means of suicide.
iii. Articles which might be used in escaping.
iv. Articles which might be used in the commission of the crime.
v. Proceeds or fruits of the crime (stolen property).
b. Disposition of money and other valuable property:
i. Money should be counted and the serial number of bills noted.
ii. Valuables should be sealed in a property envelope in the presence of the prisoner.
iii. Property envelope should show a complete inventory of its contents.
iv. The prisoner should initial the outside of the envelope showing approval of its contents.
v. Raiding officers should sign their names on the outer part of the envelope.
vi. A receipt should be given to the prisoner. However, this qualified by the decision of the Supreme
Court declaring a inadmissible in evidence the Receipt for Property Seized, signed by the accuse, in
case where mere possession of the items seized is punishable.
c. Disposition of articles not covered in a search warrant:
i. If the articles are illicit or contraband, the same must be seized.
ii. Such articles may be used as evidence to prosecute the person.
iii. Non-contraband articles must be returned to the owners or must not be seized in the first place.

14. Mug shots and Fingerprints. Arresting units shall at all times take the mug shots and fingerprints of all arrested
persons. Copies thereof shall be submitted to the PNP Crime Laboratory Service to serve as master file.

15. Accomplishment of National Crime Reporting System (NCRS). Operating units concerned shall accomplish
regularly the NCRS and all agencies concerned shall be provided with copies thereof.

16. Report on Arrested Persons. All arrests made shall be immediately reported to the C, PNP; AIIN; DO, DIDM;
PAOCTF (in case of kidnapping /drugs).

D. INQUEST
SECTION 1. Concept. – Inquest is an informal and summary investigation conducted by a public prosecutor in
criminal cases involving persons arrested and detained without the benefit of a warrant of arrest issued by the court for
the purpose of determining whether or not said persons should remain under custody and correspondingly be charged in
court.

POLICE PLANNING

What is a Plan?

A plan is an organize schedule or sequence by methodical activities intended to attain a goal and objectives for the accomplishments
of mission or assignment. It is a method or way of doing something in order to attain objectives. Plan provides answer to 5W’s and 1
H.

What is Planning?
Planning is a management function concerned with visualizing future situations, making estimates concerning them, identifying
issues, needs and potential danger points, analyzing and evaluating the alternative ways and means for reaching desired goals
according to a certain schedule, estimating the necessary funds and resources to do the work, and initiating action in time to prepare
what may be needed to cope with the changing conditions and contingent events.

Planning is also the process of preparing for change and coping with uncertainty formulating future causes of action; the process of
determining the problem of the organization and coming up with proposed resolutions and finding best solutions.

The process of combining all aspects of the department and the realistic anticipation of future problems, the analysis of strategy and
the correlation of strategy to detail.
The conceptual idea of doing something to attain a goal or objective.

What is Police Planning?

Police Planning is an attempt by police administrators in trying to allocate anticipated resources to meet anticipated service
demands. It is the systematic and orderly determination of facts and events as basis for policy formulation and decision affecting law
enforcement management.

What is Operational Planning?

Operational Planning is the use of a rational design or pattern for all departmental undertakings rather than relying on chance in an
operational environment. It is the preparation and development of procedures and techniques in accomplishing of each of the primary
tasks and functions of an organization.

What is Police Operational Planning?

Police Operational Planning is the act of determining policies and guidelines for police activities and operations and providing
controls and safeguards for such activities and operations in the department. It may also be the process of formulating coordinated
sequence of methodical activities and allocation of resources to the line units of the police organization for the attainment of the
mandated objectives or goals.

Objectives are a specific commitment to achieve a measurable result within a specific period of time. Goals are general statement
of intention and typically with time horizon, or it is an achievable end state that can be measured and observed. Making choices
about goals is one of the most important aspects of planning. Relate this definitions with their description as defined in chapter one.
The process of police operational planning involves strategies or tactics, procedures, policies or guidelines. AStrategyis a broad
design or method; or a plan to attain a stated goal or objectives. Tacticsarespecific design, method or course of action to attain a
particular objective in consonance with strategy. Proceduresare sequences of activities to reach a point or to attain what is desired.
A policyis a product of prudence or wisdom in the management of human affairs, or policy is a course of action which could bea
program of actions adopted by an individual, group, organization, or government, or the set of principles on which they are based.
Guidelinesare rules of action for the rank and file to show them how they are expected to obtain the desired effect.

STRATEGIC PLANNING

Strategic Planning is a series of preliminary decisions on a framework, which in turn guides subsequent decisions that generate the
nature and direction of an organization. This is usually long ranged in nature. The reasons for Strategic Planning are:

VISION - A vision of what a police department should be.


LONG-RANGE THINKING - Keeping in mind that strategy is deciding where we want to be
STRATEGIC FOCUS
CONGRUENCE
A STRATEGIC RESPONSE TO CHANGE
A STRATEGIC FRAMEWORK

What is the Strategic Planning process?

TASK 1 - Develop Mission and Objectives


TASK 2 - Diagnose Environmental Threats and Opportunities
TASK 3 - Assess Organizational Strengths and Weaknesses
TASK 4 - Generate Alternative Strategies
TASK 5 - Develop Strategic Plan
TASK 6 - Develop Tactical Plan
TASK 7 - Assess Results of Strategic And Tactical Plan
TASK 8 - Repeat Planning Process

In the process, the police administrator can use the potent tool of alternatives. Alternatives (options) are means by which goals and
objectives can be attained. They maybe policies, strategies or specific actions aimed at eliminating a problem. Alternatives do not
have to be substitutes for one another or should perform the same function. For example, our goal is to “improve officer-survival
skills.” The plan is to train the officers on militaristic and combat shooting. The alternatives could be:

Alternative 1 - modify police vehicles


Alternative 2 - issuing bulletproof vests
Alternative 3 - utilizing computer assisted dispatch system
Alternative 4 - increasing first-line supervision, etc

FUNDAMENTALS OF POLICE PLANNING

What are the Objectives of Police Planning?

To increase the chances of success by focusing on results and not so much on the objectives.
To force analytical thinking and evaluation of alternatives for better decisions.
To establish a framework for decision making consistent with the goal of the organization.
To orient people to action instead of reaction.
To modify the day-to-day style of operation to future management.
To provide decision making with flexibility.
To provide basis for measuring original accomplishments or individual performance.
What can be expected in planning?

Improve analysis of problems


Provide better information for decision-making
Help to clarify goals, objectives, priorities
Result is more effective allocation of resources
Improve inter-and intradepartmental cooperation and coordination
Improve the performance of programs
Give the police department a clear sense of direction
Provide the opportunity for greater public support

What are the characteristics of a good police plan?

With clearly defined Objectives or Goals.


Simplicity, Directness and Clarity
Flexibility
Possibility of Attainment
Must provide Standards of Operation
Economy in terms of Resources needed for implementation

What are the guidelines in Planning?


The five (5) W’s and one (1) H

What to do – mission/objective
Why to do – reason/philosophy
When to do – date/time
Where to do – place
Who will do – people involve
How to do – strategy

What are the approaches in Police Planning?

A variety of approaches are employed in the planning processes. Each is unique and can be understood as a methodof
operationalizing the word planning. There are basically five major approaches to planning which are:

Synoptic Approach
Incremental Approach
Transactive Approach
Advocacy Approach
Radical Approach

What is Synoptic Planning?

Synoptic planning or the rational comprehensive approach is the dominant tradition in planning. It is also the point of
departure for most other planning approaches.

This model is based on a problem-oriented approach to planning especially appropriate for police agencies. It relies heavily
on the problem identification and analysis of the planning process. It can assist police administrators in formulating goals and
priorities in terms that are focused on specific problems and solutions that often confront law enforcement.

Steps in Synoptic Planning

Prepare for Planning - The task of planning should be detailed in a work chart that specifies (a) what events and actions are
necessary, (b) when they must take place, (c) who is to be involved in each action and for how long, and (d) how the various actions
will interlock with one another.
Describe the present situation - Planning must have a mean for evaluation. Without an accurate beginning database there is no
reference point on which to formulate success or failure.

Develop projections and consider alternative future states - Projections should be written with an attempt to link the current situation
with the future, keeping in mind the desirable outcomes. It is important for the police executive to project the current situations into
the future to determine possible, probable and desirable future states while considering the social, legislative, and political trends
existing in the community.

Identify and analyze problems - The discovery of the problems assumes that a system to monitor and evaluate the current arena is
already on place. Closely related to the detection and identification of issues is the ability of the police to define the nature of the
problem, that is to able to describe the magnitude, cause, duration, and the expense of the issues at hand. A complete
understanding of the problem leads to the development of the means to deal with the issues.

Set goals - Making choices about goals is one of the most important aspects of planning. It makes no sense to establish a goal that
does not address a specific problem. Remembering that the police departments are problem oriented, choices about goals and
objectives should adhere to the synoptic model.

Identify alternative course of action – As stated earlier, alternatives are means by which goals and objectives can be attained. These
are options or possible things to be done in case the main or original plan is not applicable.

Select preferred alternatives – there are three techniques to select alternative:

Strategic Analysis – this includes the study on the courses of actions; suitability studies; feasibility studies; acceptability studies; and
judgment.

Suitability – each course of action is evaluated in accordance with general policies, rules and laws. Feasibility - these include the
appraisal of the effects of a number of factors weighed separately and together. Acceptability – those judged to be suitable and
feasible are then analyzed in acceptability studies.

Cost-effectiveness Analysis - This technique is sometimes called cost-benefit or cost performance analysis. The purpose of this form
of selection is that the alternative chosen should maximize the ratio of benefit to cost.

Must-wants Analysis – This method of selecting a preferred course of action combines the strengths of both strategic and cost
effectiveness analysis. Must wants analysis is concerned with both the subjective weights of suitability, feasibility, and acceptability
and the objectives weights of cost versus benefits.
Plan and carryout implementation - The police administrator must be aware that the implementation requires a great deal of tact and
skill. It maybe more important how an alternative is introduced to a police department than what actually is.

Monitor and evaluate progress - Evaluation requires comparing what actually happened with what was planned for- and this may not
be a simple undertaking. Feedback must be obtained concerning the results of the planning cycle, the efficiency of the
implementation process, and the effectiveness of new procedures, projects or programs. This is an important step of synoptic
planning, trying to figure out what, if anything happened as a result of implementing a selected alternative.

Summation of the synoptic planning approach – This can be done by making a summary of the presentation, could be tabular or
other forms of presentation.

Repeat the Planning Process – repetition of the process of planning enables the planner to thresh out possible flaws in the plan.

What is Incremental Planning?

Incrementalism concludes that long range and comprehensive planning are not only too difficult, but inherently bad. The
problems are seen as too difficult when they are grouped together and easier to solve when they are taken one at a time and broken
down into gradual adjustments over time.

What is Transactive Planning?

Transactive planning is carried out in face-to-face interaction with the people who are to be affected by the plan and not to an
anonymous target community of beneficiaries. Techniques include field surveys and interpersonal dialogue marked by a process of
mutual learning.

What is Advocacy Planning?

Beneficial aspects of this approach include a greater sensitivity to the unintended and negative side effects of plans.

What is Radical Planning?

The first mainstream involves collective actions to achieve concrete results in the immediate future. The second mainstream
is critical of large-scale social processes and how they permeate the character of social and economic life at all levels, which, in turn,
determine the structure and evolution of social problems.
CONSIDERATIONS IN POLICE PLANNING

1. Primary Doctrines

Fundamental Doctrines – These are the basic principles in planning, organization and management of the PNP in support of the
overall pursuits of the PNP Vision, mission and strategic action plan of the attainment of the national objectives.
Operational Doctrines – These are the principles and rules governing the planning, organization and direction and employment of the
PNP forces in the accomplishment of basic security operational mission in the maintenance of peace and order, crime prevention
and suppression, internal security and public safety operation.
Functional Doctrines – These provide guidance for specialized activities of the PNP in the broad field of interest such as personnel,
intelligence, operations, logistics, planning, etc.

2. Secondary Doctrines

Complimentary Doctrines – Formulated jointly by two or more bureaus in order to effect a certain operation with regard to public
safety and peace and order. These essentially involve the participation of the other bureaus of the Bureau of Jail Management and
Penology (BJMP), Bureau of Fire Protection (BFP), Philippine Public Safety College (PPSC), National Bureau of Investigation (NBI)
and other law enforcement agencies.

Ethical Doctrines – These define the fundamental principles governing the rules of conduct, attitude, behavior and ethical norm of the
PNP.

3. The Principles of Police Organization

The principles of organization are presented in chapter three. These principles are considered in police planning in order not to
violate them but rather for the effective and efficient development of police plans.

4. The Four (4) Primal Conditions of the Police Organization

Authority – The right to exercise, to decide, and to command by virtue of rank and position.
Doctrine – It provides for the organizations objectives. It provides the various actions. Hence, policies, procedures, rules and
regulations of the organization are based on the statement of doctrines.
Cooperation or Coordination
Discipline – It is imposed by command or self-restraint to insure supportive behavior.

Classifications of Police Plan


According to coverage: Police Plans could be Local Plans (within police precincts, sub-stations, and stations), Regional Plans, and
National Plans.

According to Time: Police Plans are classified as:

Strategic or Long Range Plan – It relates to plans which are strategic or long range in application, and it determine the
organization’s original goals and strategy.

Example: Police Action Plan on the Strategy DREAMS and Program P-O-L-I-C-E 2000, Three Point Agenda, and GLORIA (These
are discussed on the latter part of this Chapter).

Intermediate or Medium Range Planning – It relates to plans, which determine quantity and quality efforts and accomplishments. It
refers to the process of determining the contribution on efforts that can make or provide with allocated resources.

Example: 6 Masters Plans:


Master Plan Sandigan-Milenyo (Anti-Crime Master Plan)
Master Plan Sandugo (Support to Internal Security Operations Master Plan)
Master Plan Banat (Anti-Illegal Drugs Master Plan)
Master Plan Sang-ingat (Security Operations Master Plan)
Master Plan Saklolo (Disaster Management Master Plan)
Sangyaman (protection and Preservation of Environment, Cultural Properties, and Natural Resources Master Plan)

Operational or Short Range Planning - Refers to the production of plans, which determine the schedule of special activity and are
applicable from one week or less than year duration. Plan that addresses immediate need which are specific and how it can be
accomplished on time with available allocated resources.

Examples of OPLANS

Oplan Jumbo – Aviation Security Group Strategic Plan against terrorist attacks

OplanSalikop – Criminal Investigation and Detection Group (CIDG) Strategic Plan against Organized Crime Groups

LOI PAGPAPALA is the entry point in the conceptualization of the PNP Pastoral Program for the next five years with a Total Human
Development Approach (THD Approach).
The TMG through its "OPLAN DISIPLINA" that resulted in the apprehension of 110,975 persons, the confiscation of 470 unlawfully
attached gadgets to vehicles, and rendering various forms of motorists’ assistance.

OPLAN BANTAY DALAMPASIGAN that sets forth the operational guidelines on the heightened security measures and sea borne
security patrols. 

TYPES OF PLANS in general

Reactive Plans are developed as a result of crisis. A particular problem may occur for which the department has no plan and must
quickly develop one, sometimes without careful preparation.
Proactive Plans are developed in anticipation of problems. Although not all police problems are predictable, many are, and it is
possible for a police department to prepare a response in advance.
Visionary Plans are essential statements that identify the role of the police in the community and a future condition or state to which
the department can aspire. A vision may also include a statement of values to be used to guide the decision making process in the
department.
Strategic Plans are designed to meet the long-range, overall goals of the organization. Such plans allow the department to adapt to
anticipated changes or develop a new philosophy or model of policing (e.g. community policing). One of the most important aspects
of strategic planning is to focus on external environmental factors that affect the goals and objectives of the department and how they
will be achieved. Important environmental factors include personnel needs, population trends, technological innovations, business
trends and demand, crime problems, and community attitudes.
Operational Plans are designed to meet the specific tasks required to implement strategic plans. There are four types of operational
plan:

1. Standing Plans provide the basic framework for responding to organizational problems. The organizational vision and values,
strategic statement, policies, procedures, and rules and regulations are examples of standing plans. Standing plans also include
guidelines for responding to different types of incidents; for example, a civil disturbance, hostage situation, crime in progress, and
felony car stops.

2. Functional Plans include the framework for the operation of the major functional units in the organization, such as patrol and
investigations. It also includes the design of the structure, how different functions and units are to relate and coordinate activities, and
how resources are to be allocated.

3. Operational-efficiency, effectiveness, and productivity plans are essentially the measures or comparisons to be used to assess
police activities and behavior (outputs) and results (outcomes). If one of the goals of the police department is to reduce the crime
rate, any change that occurs can be compared to past crime rates in the same community or crime in other communities, a state, or
the nation. If the crime rates were reduced while holding or reducing costs, it would reflect an improvement not only in effectiveness
but also in departmental productivity.
4. Time-specific Plans are concerned with a specific purpose and conclude when an objective is accomplished or a problem is
solved. Specific police programs or projects such as drug crackdown, crime prevention program, and neighborhood clean-up
campaign are good examples of time-specific plans.

KINDS OF POLICE PLANS


Policy and Procedural Plans– to properly achieve the administrative planning responsibility within in the unit, the Commander shall
develop unit plans relating to: (a) policies or procedure; (b) tactics; (c) operations; (d) extra-office activities; and (e) management.

Further, standard-operating procedures shall be planned to guide members in routine and field operations and in some
special operations in accordance with the following procedures:

Field Procedure – Procedures intended to be used in all situations of all kinds shall be outlined as a guide to officers and men in the
field. Examples of these procedures are those related to reporting, to dispatching, to raids, arrest, stopping suspicious persons,
receiving complaints, touring beats, and investigation of crimes. The use of physical force and clubs, restraining devices, firearms,
tear gas and the like shall, in dealing with groups or individuals, shall also be outlined.
Headquarters Procedures – Included in these procedures are the duties of the dispatcher, jailer, matron, and other personnel
concerned which may be reflected in the duty manual. Procedures that involve coordinated action on activity of several offices,
however, shall be established separately as in the case of using telephone for local or long distance calls, the radio teletype, and
other similar devices.
Special Operation Procedures – Certain special operations also necessitate the preparation of procedures as guides. Included are
the operation of the special unit charged with the searching and preservation of physical evidence at the crime scenes and accidents,
the control of licenses, dissemination of information about wanted persons, inspection of the PNP headquarters, and the like.
Tactical Plans – These are the procedures for coping with specific situations at known locations. Included in this category are plans
for dealing with an attack against buildings with alarm systems and an attack against the PNP headquarters by lawless elements.
Plans shall be likewise be made for blockade and jail emergencies and for special community events, such as longer public
meetings, athletic contests, parades, religious activities, carnivals, strikes, demonstrations, and other street affairs.
Operational Plans – These are plans for the operations of special divisions like the patrol, detective, traffic, fire and juvenile control
divisions. Operational plans shall be prepared to accomplish each of the primary police tasks. For example, patrol activities must be
planned, the force must be distributed among the shifts and territorially among beats, in proportion to the needs of the service, and
special details must be planned to meet unexpected needs. Likewise in the crime prevention and in traffic, juvenile and vice control,
campaigns must be planned and assignments made to assure the accomplishment of the police purpose in meeting both average
and regular needs. Each division or unit has primary responsibility to plan operations in its field and also to execute the plans, either
by its own personnel or, as staff agency, by utilizing members of the other divisions.
Plans for operations of special division consist of two types, namely: (1) those designed to meet everyday, year-round needs, which
are the regular operating program of the divisions; and (2) those designed to meet unusual needs, the result of intermittent and
usually unexpected variations in activities that demand their attention.

Regular Operating Programs– These operating divisions/units shall have specific plans to meet current needs. The manpower shall
be distributed throughout the hours of operation and throughout the area of jurisdiction in proportion to need. Assignments
schedules shall be prepared that integrate such factors as relief days, lunch periods, hours, nature, and location of regular work.
Plans shall assure suitable supervision, which become difficult when the regular assignment is integrated to deal with this short time
periodic needs.
Meeting unusual needs– The unusual need may arise in any field of police activity and is nearly always met in the detective, vice,
and juvenile divisions by temporary readjustment of regular assignment.

Extra-office Plans – The active interest and the participation of individual citizen is so vital to the success of the PNP programs that
the PNP shall continuously seek to motivate, promote, and maintain an active public concern in its affairs. These are plans made to
organize the community to assist in the accomplishment of objectives in the fields of traffic control, organized crime, and juvenile
delinquency prevention. The organizations may be called safety councils for crime commissions and community councils for the
delinquency prevention. They shall assist in coordinating community effort, in promoting public support, and in combating organized
crime. Organization and operating plans for civil defense shall also be prepared or used in case of emergency or war in coordination
with the office of the Civil Defense.

Management Plans – Plans of management shall map out in advance all operations involved in the organization management of
personnel and material and in the procurement and disbursement of money, such as the following:

Budget Planning– Present and future money needs for personnel, equipment, and capital investments must be estimated. Plans for
supporting budget request must be made if needed appropriations are to be obtained.
Accounting Procedures– Procedures shall be established and expenditure reports be provided to assist in making administrative
decisions and in holding expenditures within the appropriations.
Specifications and Purchasing Procedures– Specifications shall be drawn for equipment and supplies. Purchasing procedures
shall likewise be established to insure the checking of deliveries against specifications of orders. Plans and specifications shall be
drafted for new building and for remodeling old ones.
Personnel– Procedures shall be established to assure the carrying out of personnel programs and the allocation of personnel
among the component organizational units in proportions need.
Organization– A basic organizational plan of the command/unit shall be made and be posted for the guidance of the force. For the
organization to be meaningful, it shall be accompanied by the duty manual which shall define relationships between the component
units in terms of specific responsibilities. The duty manual incorporates rules and regulations and shall contain the following:
definition of terms, organization of rank, and the like, provided the same shall not be in conflict with this manual.
FIELD OPERATIONS: How planning affects them?

Field Operations shall be directed by the police commander and the subordinate commanders and the same shall be aimed at the
accomplishment of the following primary tasks more effectively and economically:
Patrol – The patrol force shall accomplish the primary responsibility of safeguarding the community through the protection of persons
and property, the preservation of the peace, the prevention of crime, the suppression of criminal activities, the apprehension of
criminals, the enforcement of laws and ordinances and regulations of conduct, and performing necessary service and inspections.
Investigation – The basic purpose of the investigation division unit shall be to investigate certain designated crimes and clear them
by the recovery of stolen property and the arrest and conviction of the perpetrators. To this end, the investigation division shall
supervise the investigation made by patrolman and undertake additional investigation as may be necessary of all felonies.
Traffic Patrol – Police control of streets or highways, vehicles, and people shall facilitate the safe and rapid movement of vehicles
and pedestrians. To this end, the inconvenience, dangers and economic losses that arise from this moment, congestion, delays,
stopping and parking of vehicles must be lessened. Control of traffic shall be accomplished in three (3) ways:
Causes of accidents and congestion shall be discovered, facts gathered and analyzed for this purpose;
Causes shall be remedied, charges shall be made in physical condition that create hazards, and legislation shall be enacted to
regulated drivers and pedestrians; and
The public shall be educated in the provisions of traffic and ordinances. Motorists and pedestrians shall be trained in satisfactory
movement habits, and compliance with regulations shall be obtained by enforcement. The police shall initiate action and coordinate
the efforts of the agencies that are concerned in the activities.
Vice Control – It shall be the determined stand of the PNP in the control of vices to treat vice offenses as they shall do to any
violation, and to exert efforts to eliminate them, as there attempt to eliminate robbery, theft, and public disturbance. Control of vice,
shall be based on law rather than on moral precepts, and intensive operations shall be directed toward their elimination. A primary
interest in vice control results from the close coordination between vice and criminal activities. Constant raids of known vice dens
shall be undertaken.
Juvenile Delinquency Control – Effective crime control necessitates preventing the development of individuals as criminals. The
police commander shall recognize a need for preventing crime or correcting conditions that induce criminality and by rehabilitating
the delinquent.

STANDARD OPERATING PROCEDURES (SOPs)

Standard Operating Procedures or SOPs are products of police operational planning adopted by the police organization to guide the
police officers in the conduct of their duties and functions, especially during field operations.

Thefollowing are Police Security Service Package of the PNP with the following standard operating procedures and guidelines:
SOP #01 – POLICE BEAT PATROL PROCEDURES - This SOP prescribes the basic procedures to be observed by all PNP Units
and mobile patrol elements in the conduct of visibility patrols.
SOP #02 – BANTAY KALYE - This SOP prescribes the deployment of 85% of the PNP in the field to increase police visibility and
intensifies anti-crime campaign nationwide.
SOP #03 – SIYASAT - This SOP prescribes the guidelines in the conduct of inspections to ensure police visibility.
SOP #4 – REACT 166 - REACT 166 was launched in 1992 as the people’s direct link to the police to receive public calls for
assistance and complaints for prompt action by police authorities. This SOP prescribes the procedures in detail of Duty Officers,
Telephone Operators and Radio Operators for REACT 166; and their term of duty and responsibilities.
SOP #5 – LIGTAS (ANTI-KIDNAPPING) - With the creation of the Presidential Anti-Organization Crime Task Force (PAOCTF), the
PNP is now in support role in campaign against kidnapping in terms of personnel requirements. SOP #5 sets forth the PNP’s
guidelines in its fight against kidnapping activities.
SOP #6 – ANTI-CARNAPPING - This SOP prescribes the conduct of an all-out and sustained anti carnapping campaign to
stop/minimize carnapping activities, neutralize syndicated carnapping groups, identify/prosecute government personnel involved in
carnapping activities, and to effectively address other criminal activities related to car napping.
SOP #7 – ANTI-TERRORISM - This prescribes the operational guidelines in the conduct of operations against terrorists and other
lawless elements involved in terrorist activities.
SOP #8 – JOINT ANTI-BANK ROBBERY ACTION COMMITTEE (ANTI-BANK ROBBERY) - This SOP provides overall planning,
integration, orchestration or coordination, and monitoring of all efforts to ensure the successful implementation.
SOP #9 – ANTI-HIJACKING/HIGHWAY ROBBERY - This SOP sets forth the guidelines and concepts of operations to be observed
in the conduct of anti-highway robbery/hold-up/hijacking operations.
SOP #10 – PAGLALANSAG/PAGAAYOS-HOPE - This SOP sets forth the concept of operations and tasks of all concerned units in
the campaign against Partisan Armed Groups and loose fire.
SOP # 11 – MANHUNT BRAVO (NEUTRALIZATION OF WANTED PERSONS) - This SOP sets forth the objectives and concept of
operation tasks of all concerned units in the neutralization of wanted persons.
SOP #12 – ANTI-ILLEGAL GAMBLING - This SOP sets forth the operational thrusts to be undertaken by the PNP that will
spearhead the fight against all forms of illegal gambling nationwide.
SOP #13 – ANTI-SQUATTING - This SOP sets forth the concept of operation in the campaign against professional squatters and
squatting syndicates.
SOP #14 – JERICHO - This SOP prescribes the operational guidelines to be undertaken by the National Headquarter (NHQ) of PNP
in the establishment of a quick reaction group that can be detailed with the office of the Secretary of Interior and Local Government
(SILG), with personnel and equipment requirements of that reaction group supported by the PNP.
SOP #15 – NENA (ANTI-PROSTITUTION/VAGRANCY) - This SOP sets forth the operational thrusts to be undertaken by the PNP
that will spearhead the fight against prostitution and vagrancy.
SOP #16 – ANTI-PORNOGRAPHY - This prescribes the guidelines to be followed by tasked PNP Units/Offices in enforcing the ban
on pornographic pictures, videos and magazines.
SOP #17 – GUIDELINES IN THE CONDUCT OF ARREST, SEARCH, AND SEIZURE -This SOP prescribes the procedures and
manner of conducting an arrest, raid, search and/or search of person, search of any premises and the seizure of properties pursuant
to the 1987 Philippine Constitution, Rules of Court, as amended and updated decision of the Supreme Court.
SOP #18 – SCHEMATIC DIAGRAM OF SANDIGAN MASTER PLAN
SOP #19 – ANTI-ILLEGAL LOGGING
SOP #20 – ANTI-ILLEGAL FISHING
SOP #21 – ANTI-ILLEGAL DRUGS

DISASTER AND EMERGENCY PLANNING

Emergency and disaster planning is one of the most important interrelated function in a security system. It is important in any
organization as physical security, fire protection, guard forces, security of documents and personnel security.

Emergency and disaster planning refers to the preparation in advance of protective and safety measures for unforeseen
events resulting from natural and human actions.

Disaster plans outline the actions to be taken by those designated for specific job. This will result in expeditious and orderly
execution of relief and assistance to protect properties and lives. These plans must also be rehearsed so that when the bell ring,
there will be speed and not haste in the execution. Speed is the accurate accomplishment of a plan as per schedule, while haste is
doing a job quickly with errors. Plans therefore must be made when any or all of the emergencies arise. Those plans, being special in
nature, must be prepared with people whose expertise in their respective field is legion together with the coordination and help of
management, security force, law enforcement agencies, and selected employees.

Planning is necessary to meet disaster and emergency conditions and it must be continuing and duly supported by
management. One aspect of the plans will be to consider recovery measures to be undertaken by the organization. Being prepared
for the eventuality gives better chances of protection and eventual recovery than those not prepared. Without planning, the
emergency or disaster can become catastrophic. With a good, suitable plan to follow, the unusual becomes ordinary, hence, the
mental preparedness for easy survival and recovery.

Understanding Disaster

A DISASTER is a sudden, unforeseen, extraordinary occurrence. It can be considered as an EMERGENCY but an emergency may
not always be a disaster.

An EMERGENCY falls into 2 broad categories:


(Man-made Crisis)
Commonalities:

Deciding Policy
Assessing Threat
Identifying Resources
Selecting crisis team personnel
Locating crisis management center
Equipping the crisis center
Testing contingency plans and emergency procedures
Dealing with the media
Dealing with victims and their families
Dealing with other affected person (such as employees)
Getting the organization’s normal work done
Returning to normal after the crisis

Plan Checklist
Identify the type of crisis/disaster/induced catastrophe
Identify which operation, facility, personnel at risk
Prioritize accordingly
Determine effects of emergencies in the operation
Identify broad categories that must be addressed in your contingency planning
Review existing emergency plans to identify gaps
Consider the environment with in which your emergency plans will be implemented.

Assessing the Risk


Pro-crisis Actions - “The planning process begins with an understanding of the situation and recognition that a number of policy
decisions must be made before the actual planning can begin.”; “Many emergencies can be prevented completely with adequate
thought and action. Others can be anticipated – often by doing nothing but mere common sense. REMEMBER! It was not raining
when NOAH build the ark.”

Checklist for a Disaster Action Plan

Identify the type of disaster occurred in the area


Identify those that could affect your operation in the area
Determine which scenarios are plausible
Survey your physical facilities and operating procedures to determine preparedness
Survey surrounding area to determine if there are operations or facilities near which might create emergencies
Establish a liaison with law enforcement agencies and emergency response groups
Know where to get help, how to get help, and what help you can expect
Know who currently has authority to make key decisions with in your organization and who control access to decision makers in an
emergency
Review emergency procedures, its completeness and accuracy

Checklist for Reviewing Policies, Procedures, and Plans

Compile and review your organization”s policies on various contingencies before establishing your plans
Ensure that these policies are known throughout the organization and that they are included in your emergency manuals
Ensure that your procedures and plans are consistent with your organization’s established policies and goals
Identify appropriate outside consultants and other sources of assistance in developing and implementing your plans and procedures
Ensure that appropriate personnel have any security clearances or background cheks which might be required
Establish a viable record-keeping system and procedures to ensure they are followed

Organizing Disaster Management Team

Disaster Team Leadership

Disaster team leadership is vested in one person, who should designate an alternate capable of acting independently in his or her
absence.

One of the team leader’s primary tasks is to ensure that control is maintained over the team’s activities, information flow, and the
implementation of decisions and organizational policies. For these reason, the team leader should be a person who has
demostarted ability to function under pressure, must have sufficient authority to make on the spot decisions with in the framework of
overall organization’s policy, access to decision makers when required, and the ability to recognize which decisions to make
independently and which to refer to upper management.

Disaster Action Team Members

Depending on the size of the organization and the number of people available, the following team mebers maybe considered:

Team leader/ Alternate


Executive Assistance
Public Affairs
Liaison Officers
(for family/victim/government/International)
Administrative Support
Communications Specialist
Legal Specialist
Medical and Relief Operations Officer
Financial Specialist

Each disaster team member must be oriented and trained on their respective role and the functional requirements for disaster
management.

Disaster Action Team Duties

On Pre-event

Supervise the formulation of policies


Ensure the development of procedures
Participate in preparing plans
Oversee and participate in exercise of plans
Select crisis management/disaster center
Participate in personnel training
Review preparation of materials
Delegate authority
Brief personnel
Ensure the assembly of supplies
Ensure preparation of rest, food, medical areas

During the Event

Establish shift schedules immediately


Delegate tasks
Focus on underlying problem
Maintain control
Follow organizational policies
Use prepared procedures
Innovate as needed
Ensure that information is shared with the entire team
Review all press release and public statements
Double check or confirm informations if possible
Aid victim and their families
Try to anticipate future consequences
Control stress of team members
Ensure log maintenance

On Post Event (After the Incident)

Evaluate effectiveness of plans


Evaluate adequacy of procedures
Debrief personnel
Evaluate equipment and training used
Revise plans and procedures in the light of new experience
Reward personnel as appropriate
Assist victims as appropriate
Document events
Prepare after-action reports
Arrange an orderly transition to normal conditions
Retain archives

The chain of events during a disaster is simplified as follows:

Security receives initial report of emergency


Security notifies Disaster Team Leader
Team leader decides if immediate action is required
If action is required, he notifies the other team members to convene at the crisis management center
Initial liason established and actions taken: create log, contact of family, employees involved, government or law enforcement liaison
contacts, prepare contingency press guidance, others.
Respond to event

Crowd Control and Riot Prevention


Background

Riot, in general is an offense against the public peace. It is interpreted as a tumultuous disturbance by several persons who have
unlawfully assembled to assist one another, by the use of force if necessary, against anyone opposing them in the execution of some
enterprise of a private nature; and who execute such enterprise in a violent manner, to the terror of the people.

Under the law, it is punishable for any organizer or leader of any meeting attended by armed persons for the purpose of committing
any of the crimes punishable under the Revised Penal Code, or any meeting in which the audience is incited to the commission of
the crimes of treason, rebellion or insurrection, sedition or assault upon a person in authority or his agents (Art. 146, RPC). It is also
punishable for any person who shall cause any serious disturbance in a public place, office, or establishment, or shall interrupt or
disturb public functions or gatherings or peaceful meetings (Art 153, RPC).

Some Basic Definition of Terms

Tumultuous – The disturbance or interruption shall be deemed tumultuous if caused by more than three persons who are
armed or provided with means of violence.
Outcry – The means to shout subversive or proactive words tending to stir up the people to obtain by means of force or
violence.
Crowd – It consists of a body of individual people with no organization, no single partnership. Each individual’s behavior is
fairly controlled and ruled by reason. All the participants have been thrown by circumstance into a crowd for some common purpose
that may give them at least one thing in common.
Mob – A mob takes on the semblance of organization with some common motive for action, such as revenge for a crime
committed on the scene where the crowd assembled, an aggravated fight, or a confrontation with the police. At times like this, there
is already a strong feeling of togetherness (“we are one” attitude).
Riot – It is a violent confusion in a crowd. Once a mob started to become violent, it becomes a riot.

What is the Role of Planning in Crowd Control or Riot Prevention?

A sound organizational planning, training, logistical support and a high departmental morale are the essential success elements in
modern counter-riot operations.

The control of violent civil disorder involving large segments of the population, especially in congested urban areas, requires a
disciplined, aggressive police counter-action which at the same time adheres to the basic law enforcement precepts. This is done
through effective police operational planning.
Through planning, the law violators can be arrested and processed with in the existing legal frameworks by the exercise of
reasonable force. Without an immediate decisive police action, the continually recurring conditions of civil unrest and lawlessness
could quickly evolve into a full-scale riot. Police planning could provide the best police reaction and order can be restored with a
minimum of property damage and injury.

What are the Police Purpose and Objectives in Anti-Riot Operations?

Containment – Unlawful assembly and riot are as contagious as a plague unless they are quarantined from the unaffected areas of
the community. In here, all persons who are at the scene should be advised to leave the area, thereby reducing the number of
potential anti-police combatants.

Dispersal – The crowd of unlawful assembly or riot should be dispersed at once. It may appear at first to be a legal assembly
but the nature of the assembly at the time of the arrival of the police may clearly distinguish it as being unlawful. Once it is
determined, the responsibility of the police to command the people to disperse. Crowd control formations may be done if necessary
to expedite their movements.

Prevention of Entry or Reentry- The police have to protect the area once the people have been moved out or dissipated
into smaller groups to prevent them from returning. Enforce quarantine by not allowing the group to resume their actions.

Arrest Violators – One of the first acts of the police upon arrival at the scene of the disturbance is to locate and isolate
individuals who are inciting the crowd to violate or fragrantly violating the law. Prevent any attempt by the crowd or mob to rescue
those arrested by enforcing total quarantine.

Establish Priorities – Depending upon the circumstances, it is always necessary to establish priorities. Assessing the
situation to determine the nature of assistance and number of men needed is part of the planning process.
What are the Basic Procedures in Anti-Riot Operations?

Assess the Situation


determine whether the original purpose of the gathering was lawful or not
determine also the lawfulness at the time of arrival at the scene
assess their attitude, emotional state, and their general condition
determine any state of intoxication and other conditions that may lead to violence
identify the cause of the problem
locate and identify leaders or agitators

Survey the Scene


determine as soon as possible the best position of the command post
locate the best vintage point for observations
consider geographical factors such as natural barriers, buildings, and weather condition
note the best method of approach

Communicate
report on your assessment, keeping your assessment brief but concise, giving your superior the sufficient data with which to proceed
for plans of action
ask for assistance or help from the command post hence remain close to the radio as possible until additional units arrived or to
communicate new developments

Maintain a Watchful Waiting


make your presence known to the people in the vicinity
if the crowd is too much to handle, stay near the command post and wait for additional support units
use radio or other means of communications to call for assistance
make preparations for decisive police action.

Concentrate on Rescue and Self-Defense


take care of the immediate needs of the situation until help arrives
apply first aid to injured people and self protection must be considered
remember the primary objective of protecting lives, property and the restoration of order

Maintain an Open Line of Communication


keep the dispatcher advised on the progress of the scene
continue directing the support units to the scene and the general perimeter control

Establish a Command Post


follow what is in your contingency plan for civil disturbance
make every officer aware of the command post for proper coordination

Take immediate action for serious violations


arrest perpetrators
isolate the leaders or agitators from the crowd
show full police force strength

Give the dispersal order


disperse the crowd upon order
anti-riot formations and procedures must be used
use of force necessary for dispersal maybe considered

What are the General Guidelines in Handling Riot?

 Preplanning must be high on the agenda whenever the department anticipates any disorder or major disturbance.
 Meet with responsible leaders at the scene and express your concern for assuring them their constitutional guarantees. Request
them to disperse the crowd before attempting to take police action.
 Maintain order and attempt to quell the disturbance without attempting to punish any of the violators.
 Use only the force that is necessary but take positive and decisive action.
 Post the quarantine area with signs and barricades, if necessary.
 Keep the traffic lane open for emergency and support vehicle.
 Consider the fact that most impressive police action at the scene of any type of major disturbance is the expeditious removal of the
leaders by a well-disciplined squad of officers.

For riot control, consider the following:


Surprise Offensive– The police action in its initial stages at a riot must be dramatic. Theelements of surprise may enhance
effectiveness of riot control
Security of Information – Plans for action and communications regarding the movement ofpersonnel and equipment should be kept
confidential
Maximum utilization of Force– A show of police force should be made in a well-organizedmanner, compact, and efficient in a
military-type squadformations.
Flexibility of Assignments– Officers and teams should be flexibly assigned to various placeswhere the need is greatest.
Simplicity– Keep the plan as simple as possible and the instructions are direct to avoid massconfusion among the officers.

What are the Special Problems in Crowd Control and Anti-Riot Operations?

Snipers – Certain psychopathic people may attempt to take advantage of the mass confusion and excitement at a riot scene by
taking a concealed position and shooting at people with some type of weapons, usually rifle.
Arsonist – Persons holding torch in their hands are potential arsonists. They must be taken into custody immediately.
Looters – Acts of simple misdemeanor thefts or may consists of robbery of breaking and entering. Take the suspects into custody by
whatever means are necessary.

Disciplinary Board of the NAPOLCOM


• A. National Appellate Board – shall decide cases on appeal from decisions rendered by the PNP Chief and National Internal
Affairs Service.
• B. Regional Appellate Board – shall decide cases on appeal from decisions rendered by Regional Directors, Mayors and
PLEB.
Finality of Disciplinary Action
• The disciplinary action imposed upon a member of the PNP shall be final and executory: Provided that a disciplinary action
imposed upon the regional director or by the PLEB involving demotion or dismissal from service may be appealed to the
Regional Appellate Board within 10 days from receipt of the copy of notice of decision.
• Likewise on the disciplinary action imposed by the PNP Chief shall be appealed to the National Appellate Board within 10
days after the receipt of the notice of the copy of decision.
• Provided further, the RAB and NAB shall decide the appeal within 60 days from receipt of the notice of appeal.
PEOPLE’S LAW ENFORCEMENT BOARD
• - shall have jurisdiction to hear and decide citizen’s complaint or cases filed before it against erring officers and members of
the PNP.
• The central receiving entity for all Citizen’s Complaint.
WHAT IS A CITIZEN’S COMPLAINT?
• It refers to any complaint by a natural or juridical person against any member of the PNP.
• NATURAL – refers to any individual person.
• JURIDICAL – refers to any organization, corporation and institution.
COMPOSITION AND TERM OF OFFICE
• 1. Any member of the sangguniangpanglungsod/bayan chosen by his respective sanggunian
• 2. Any Barangay Captain of the city or municipality concerned chosen by the Association of barangay captains.
• 3. Three other members who shall be chosen by the peace and order council from among the respective members of the
community. 1 whom must be a member of the Bar or in the absence thereof, a college graduate, or the principal of the central
elementary school in the locality. The term of office of the members of the PLEB shall be a period of 3 years from assumption
of office.
PROCEDURE AT PLEB FOR CITIZEN’S COMPLAINT
• 1. The PLEB, by a majority vote of all its member and its Chairman shall determine whether or not the respondent office or
member of the PNP is guilty of the charge upon which the complaint is filed.
• 2. Each case shall be decided within 60 days from the time the case has been filed with the PLEB.
• 3. The decisions of the PLEB shall become final and executory. Provided, that a decision involving demotion or dismissal
from the service may be appealed by either party with the Regional Appellate Board within days from receipt of the copy of
decision.
INTERNAL AFFAIRS SERVICE
• - the administrative Disciplinary Machinery of the PNP.
FUNCTIONS OF IAS
• a. Pro-actively conduct inspections and audits on PNP personnel units.
• b. Investigate complaints and gather evidence in support of an open investigation.
• c. Conduct summary hearings on PNP members facing administrative charges.
• d. File appropriate criminal charges against PNP members before the court as evidence warrants and assist in the
prosecution of the offense.
• - The IAS shall have National, Regional and Provincial Offices. The IAS is headed by a Inspector General assisted by the
Deputy Inspector General. The Inspector General shall be a civilian in character.
• - The area offices shall be headed by a Director.
• - The provincial offices shall be headed by Superintendent.
PROCEDURE AT IAS
• 1. Decisions rendered by the provincial inspectors shall be forwarded to the area Internal Affairs Service for review within 10
working days upon receipt thereof.
• 2. Decision of the area office may be appealed to the National office through the office of the inspector general.
3. Decisions rendered by the National IAS shall be appealed to the NAB

Summary: International Covenant on Civil and Political Rights (ICCPR)


The ICCPR is a key international human rights treaty, providing a range of protections for civil and political rights. The ICCPR, together with the Universal
Declaration of Iluman Rights and the International Covenant on Economic Social and Cultural Rights, are considered the International Bill of Human Rights. The
ICCPR obligates countries that have ratified the treaty to protect and preserve basic human rights, such as: the right to life and human dignity; equality before the
law; freedom of speech, assembly, and association; religious freedom and privacy; freedom torture, Ill-treatment, and arbitrary dctcntion; gender equality; the right
to a fair trial; right family life and family unity; and minority fights. The Covenant compels governments to take administrative, judicial, and legislative measures in
order to protect the, rights enshrined in the, treaty and to provide an effective remedy. The, Covenant was adopted by the U.N. General Assembly in 1966 and
came into force in 1976. As of December 2018, 172 countries have ratified the Covenant.
Background:
The United Nations International Covenant of Civil and Political Rights (ICCPR) attempts to ensure the protection of civil and political rights. It was adopted by the
United Nations' General Assembly on December 19, 1966, and it came into force on March 23, 1976. The International Covenant on Economic Social and Cultural
Rights, the Universal Declaration of Human Rights, and the ICCPR and its two Optional Protocols, are collectively known as the International Bill of Rights.
The rights protected under the ICCPR include:
Article 6— Right to life.
Article 7 — Freedom from torture.
Article 8 — Right to not be enslaved.
Article 9 — Right to liberty and security of the person.
Article 10 — Rights of detainees.
Article 11 — Right to not be imprisoned merely on the ground of inability to fulfill a contractual obligation. Article 12 — Freedom of movement and choice of
residence for lawful residents.
Article 13 Rights of aliens.
Article 14 — Equality before the courts and tribunals. Right to a fair trial.
Article 15 No one can be guilty of an act of a criminal offence which did not constitute a criminal offence.
Article 16 — Right to recognition as a person before the law.
Article 17 — Freedom from arbitrary or unlawful interference.
Article 18 — Right to freedom of thought, conscience and religion.
Article 19 — Right to hold opinions without interference.
Article 20— Propaganda for war shall be prohibited by law.
Article 21 — Right of peaceful assembly.
Article 22 — Right to freedom of association with others.
Article 23 — Right to marry.
Article 24 —Children's rights
Article 25 — Right to political participation.
Article 26 — Equality before the law.
Article 27 — Minority protection.
Limitations:
Article 4 of ICCPR allows for certain circumstances for States Parties to derogate from their responsibilities under the Covenant, such as during times of public
emergencies. However, State Parties may not derogate from Articles 6, 7, 8 (paragraphs I and 2), 1 1, 15, 16 and 18.
Optional Protocols:
There are two optional protocols to the ICCPR which gives additional human rights protections.
First Optional Protocol:
This protocol allows victims claiming to be victims of human rights violations to be heard. The Human Rights Committee (Committee), which is established by the
Covenant, has the jurisdiction to receive, consider and hear communications from victims. The first Optional Protocol came into force with the Covenant. There are
currently 35 signatories and 115 parties to this protocol.
Second Optional Protocol:
This protocol aims to abolish the death penalty. It was entered into force on July 11, 1991 and it currently has 37 signatories and 81 parties.
Enforcement
Article 2(2) of ICCPR provides that State Parties are to take the "necessary steps.... to adopt such laws or other measures as may be necessary to give effect to
the rights recognized in the present Covenant." Countries that have ratified the ICCPR must takes steps in their own jurisdictions to recognize the acceptance of
th1S international covenant because, in "international law, a signature does not usually bind a State. The treaty is usually subject to a future ratification,
acceptance, approval or accession." In Canada, the accession process involves a series of reviews and consultation by the federal government and followed by a
tabling of the treaty In Parliament.
•In addition to State Parties' formally adopting and recognizing the ICCPR in their jurisdiction, Article 28 of ICCPR provides for a Human Rights Committee
(Committee) to be established for monitoring the State Parties' implementation of the Covenant. State Parties are required to submit reports to the Committee for
review, on measures used to adopt and give effect to the rights enshrined in the ICCPR. •As mentioned above, the First Optional Protocol allows victims of human
ri ts violation to be heard by the Committee. However t e ICCPR also provides in Article 41 that a State Party who claims another State Party is not fulfilling its
obligations to implement ICCPR, may make written submissions to the Committee for consideration. Also, non-governmental organizations (NGOs) may also
participate In ensuring that values under the ICCPR are protected by submitting 'shadow reports' and highlight areas for consideration by the Committee.
Rule 110 - Prosecution of Offenses
SECTION I. Institution of criminal actions.—CriminaI actions shall be instituted as follows:
a. For offenses where a preliminary investigation is required pursuant to section 1 of Rule 1 12, by Tiling the complaint with the proper officer for the
purpose of conducting the requisite preliminary investigation.
b. For all other offenses, by filing the complaint or Information directly with the Municipal Trial Courts and Municipal Circuit Trial Courts, or the complaint
with the offlce of the prosecutor. In Manila and other chartered cities, the complaint shall be filed with the office of the prosecutor unless otherwise
provided in their charters.
The institution of the criminal action shall interrupt the running of the period of prescription of the offense char ed unless otherwise provided in special
laws.
SEC. 2. The complaint or information.—The complaint or information shall be in writing, in the name of the People of the Philippines and against all persons who
appear to be responsible for the offense involved. (2a) SEC. 3. Complaint defined. A complaint is a sworn written statement charging a person with an offense,
subscribed by the offended party, any peace officer, or other public officer charged with the entorcement of the law violated. (3)
SEC. 4. Information defined.—An information is an accusation in writing charging a person with an offense, subscribed by the prosecutor and tiled with the court.
(4a)
SEC. 5. Who must prosecute criminal actions. — All criminal actions commenced by a complaint or information shall be prosecuted under the direction
on and control of the prosecutor. However, in Municipal Trial Courts or Municipal Circuit Trial Courts when the prosecutor assigned thereto or to the case is not
available, the offended party, any peace officer, or public officer charged with the enforcement of the law violated may prosecute the case. This authority shall
cease upon actual intervention of the prosecutor or upon elevation of the case to the Regional Trial Court.
The crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by the offended spouse. The offended party cannot institute
criminal prosecution without including the guil parties, if both are alive, nor, in any case, if the offen ed party has consented to the offense or pardoned the
offenders. The offenses of seduction, abduction and acts of lasciviousness shall not be prosecuted except upon a complaint filed by the offended party or her
parents, grandparents or guardian, nor, in any case, if the offender has been expressly pardoned by any of them. If the offended arty dies or becomes
incapacitated before she can file tße complaint, and she has no known parents, grandparents or guardian, the State shall initiate the criminal action her behalf.
The offended party, even if a minor, has the right to initiate the prosecution of the offenses of seduction, abduction and acts of lasciviousness independently of her
parents, grandparents, or guardian, unless she is incompetent or incapable of doing so. Where the offended party, who is a minor, fails to file the complaint, her
parents, grandparents, or guardian may file the same. The right to file the action granted to parents, grandparents, or guardian shall be exclusive of all other
persons and shall be exercised successively in the order herein provided, except as stated in the preceding paragraph.

No criminal action for defamation which consists in the imputation of any of the offenses mentioned above shall be brought except at the instance of and upon
complaint filed by the offended party.

The prosecution for violation of special laws shall be governed by the provisions thereof,
SEC. 6. Sufficiency of complaint or information.—A complaint or information is sufficient if it states the name of the accused; the designation of the offense given
by the statute; the acts or omissions complained of as constituting the offense; the name of the offended party; the approximate date of the commission of the
offense; and the place where the offense was committed.
When an offense is committed by more than one person, all of them shall be included in the complaint or information. (6a)
SEC. 7. Name of the accused.—The complaint or information must state the name and surname of the accused or any appellation or nickname by which he has
been or is known. If his name cannot be ascertained, he must be described under a fictitious name with a statement that his true name IS unknown.
If the true name of the accused is thereafter disclosed by him or appears in some other manner to the court, such true name shall be inserted in the complaint or
information and record. (7 a)
SEC. 8. Designation of the offense.—The complaint or intörmation shall state the designation of the offense given by the statute, aver the acts or omissions
constituting the offense, and specify its qualifying and aggravating circumstances. If there is no designation of the offense, reference shall be made to the section
or subsection of the statute punishing it. (8a) SEC. 9. Cause of the accusation.—The acts or omissions complained of as constituting the offense and the qualifying
and aggravating circumstances must bc statcd in ordinary and concise language and not necessarily in the language used in the statute, but in terms sufficient to
enable a person of common understanding to know what offense is being charged as well as its qualifying and aggravating circumstances and for the court to
pronounce judgment.
SEC. 10. Place of commission of the offense. The complaint or information is sufficient if it can be understood from its allegations that the offense was committed
or some of its essential ingredients occurred at some place within the jurisdiction of the court, unless the particular place where it was committed constitutes an
essential element of the offense charged or is necessary for its identification. (I(_)a)
SEC. 11. Date of commission of the offense. —It is not necessary to state in the complaint or information the precise date the offense was comrnitted except when
it is a rnaterial ingredient of the offense. The offense may be alleged to have been committed on a date as near as possible to the actual date of its cornmlsslon. (1
la)
SEC. 12. Name of the offended party.—The complaint or information must state the name and surname of the person against whom or against whose property the
offense was committed, or any appellation or nickname by which such person has been or is known. If there is no better way of identifying him, he must be
described under a fictitious name.
a. In offenses against property, if the name of the offended party is unknown, the property must be described with such particularity as to properly identify
the offense charged.
b. If the true name of the person against whom or against whose property the offense was cornmitted is thereafter disclosed or ascertamed, the court must
cause such true name to be inserted in the complaint or information and the record.
c. If the offended party is a juridical person, it is sufficient to state Its name, or any name or designation by which it is known or by which it may be identified,
without need of averring that it is a juridical person or that it is organized in accordance With law. (12a)
SEC. 13. Duplicity of the offense.—A complaint or information must charge only one offense, except when the law prescribes asingle punishment for various
offenses. (13a)

SEC. 14. Amendment or substitution.—A complaint or information may bc amended, in form or in substance, without leave of court, at any timc bcforc thc accused
enters his plea. After thc plea and during the trial, a formal amendment Inay only be made WIth leave of court and when it can be done without causing prejudice
to the righ ts of the accused.
However, any amendment before plea, which downgrades the nature of the offense charged in or excludes any accused from the complaint or information, can be
made only upon motion by the prosecutor, with notice to the offended party and with leave of court. The court shall state its reasons in resolving the motion and
copies of its order shall be furnished all parties, especially the offended party.
If it appears at any time before judgment that a mistake has been made in charging the proper offense, the court shall dismiss the original complaint or
information upon the filing of a new one charging the proper offense in accordance with section 19, Rule 119, provided the accused shall not be placed in
double jeopardy. The court may require the witnesses to give ball tor their appearance at the trial. (14a)
SEC. 15. Place where action is to be instituted.
a. Subject to existing laws, the criminal action shall be Instituted and tried In the court of the municipality or territory where the offense was committed or
where any of its essential ingredients occurred.
b. Where an offense is committed in a train, aircraft, or other public or private vehicle in the course of its trip, the criminal action shall be instituted and tried
in the court of any municipality or territory where such train, aircraft, or other vehicle passed during its trip, including the place of its departure and arrival.
c. Where an offense is committed on board a vessel in the course of its voyage, the criminal action shall be instituted and tried in the court of the first port of
entry or of any municipality or territory where the vessel passed during such voyage, subject to the generally accepted principles of international law.
d. Crimes committed outside the Philippines but punishable under Article 2 of the Revised Penal Code shall be cognizable by the court where the criminal
action is first filed. (15a)
e. SEC. 16. Intervention of the offended party in criminal action.—Where the civil action for recovery of civil liability is instituted in the criminal action
pursuant to Rule 1 1 1, the offended party may intervene by counsel in the prosecution of the offense. (16a)
POWERS AND FUNCTIONS OF-THE PHILIPPINE NATIONAL POLICE
*REPUBLIC ACT 6975 "Department of the Interior and Local Government Act of 1990" SEC. 24. POWERS AND FUNCTIONS. - THE PNP SHALL HAVE
THE FOLLOWING POWERS AND FUNCTIONS:
a. Enforce all laws and ordinances relative to the protection of lives and properties;
b. Maintain peace and order and take all necessary steps to ensure public safety;
c. Investigate and prevent crimes, effect the arrest of criminal offenders, bring offenders to justice and assist in their prosecution;
d. Exercise the general powers to make arrest, search and seizure in accordance with the Constitution and pertinent laws;
e. Detain an arrested person for a period not beyond what is prescribed by law, informing the person so detained of all his rights under the Constitution;
f. Issue licenses for the possession of fi rearms and explosives in accordance with law;
g. Supervise and control the training and operations of security agencies and issue licenses to operate security agencies, and to security guards and
private detectives, for the practice of their professions; and
(h) Perform such other duties and exercise all other functions as may be provided by law.
GENERAL PRINCIPLES
*Regardless of the type of function to be performed and/or police operations to be conducted, all PNP personnel must know by heart and shall comply
with and apply the following principles and procedures: RULE l . FUNCTIONS OF A POLICE OFFICER
1 . 1 To Serve and Protect The responsibility of every police offi cer is to serve the public and protect life and property. No police operation shall be
conducted in order to serve or protect the illegal activity of a particular person, group or criminal syndicate.
I .2 To Observe Human Rights and Dignity of Person All PNP personnel shall respect the human rights and dignity of the suspect/s during police
operations.
RULE 2. POLICE UNIFORM,ATTIRE AND ACCESSORIES
2. I Agency Prescribed Uniform A police officer shall always wear the agency prescribed uniform which is appropriate for the kind of police operation to
be undertaken.
2.2 Appearing Before the Public When wearing the police uniform, a police officer shall, at all times, appear presentable, smart and well-groomed. While
on actual patrol duties, he shall refrain from eating along the sidewalks, smoking and reading newspapers.
2.3 Carrying of Police Notebook, Pen and Miranda Warning Card Every police offi cer on patrol, whether on board a vehicle or on foot patrol, must always
carry with him a police notebook, a pen and the Miranda Warning Card. The notebook, which is approximately pocket-sized, will be used to inscribe
important events that transpire during his tour of duty. •
2.4 Carrying of Non-Letha' Weapon in the Police Rig - Every police offi cer shall carry in his prescribed rig a non-lethal weapon (pepper spray, baton or
stun gun), which shall be primarily used in a non-armed confrontation with an uncooperative and unruly offender during the arrest.
RULE 3. CATEGORIES OF POLICE OPERATIONS
*Police operations are categorized as follows:
3.1 Public Safety Operation includes Search, Rescue and Retrieval Operations, Fire Drills, Earthquake Drills and similar operations that promote public
safety.
3.2 Law Enforcement Operation includes Service of Warrant of Arrest, Implementation of Search Warrant, Enforcement of Visitorial Powers of the Chief,
Philippine National Police and Unit Commanders, Anti-Illegal Drugs Operation, Antilllegal Gambling Operations, Anti-Illegal Logging Operations, Anti-
Illegal Fishing Operations, AntiCarnapping Operations, Anti-Kidnapping Operations, AntiCyber Crime Operations and similar operations that are
conducted to enforce laws, statutes, executive orders and ordinances.
3.3 Internal Security Operation includes CounterInsurgency Operations, Counter Terrorist Operations and similar operations that are conducted to ensure
internal security.
3.4 Special Police Operation includes Checkpoint Operation, Roadblock Operation, Civil Disturbance Management Operation, Police Assistance in the
Enforcement of Demolition Eviction Injunction and Similar Orders, Police Assistance in the Implementation of Final Court Order and Order from Quasi-
Judicial Bodies, Hostage Situation, Visit Board Search and Seizure Onboard Marine Vessels and similar police operations that are conducted by police
units with specialized training on the peculiarity of the mission or purpose.
3.5 Intelligence Operation includes Surveillance Operation, Counter Intelligence, Intelligence Research, Intelligence Assessment and similar police
intelligence operation conducted to gather information related to security, public safety and order.
3.6 Investigation Operation — includes Investigation of Crime or Incident, Administrative Investigation and similar investigative work necessary to
determine facts and circumstances for filing cases criminally or administratively.
3.7 Scene of the Crime Operation (SOCO) — includes the processing of crime scene, technical and forensic examination of evidences and similar
scientifi c investigative assistance.
OPERATIONAL PROCEDURES
*RULE 4. PRE-OPERATIONAL CLEARANCE No police operation shall be conducted without the approval of the Chief/Commander/Head of the
concerned Police Unit/Offi ce. A pre-operational clearance shall be fi led by the Team Leader of the operating team/s prior to the conduct of the operation
and shall be approved by the concerned Police Unit Commander. This clearance shall be submitted to the operations section/division of the concerned
police unit for record purposes.
RULE 5. INTER-UNIT COORDINATION
5.1 Personal Coordination or by Offi cial Representative Team Leader/s (T L) of local police units operating outside their territorial jurisdiction and
National Support Units (NSUs) shall coordinate, personally or through an offi cial representative, with the Police Regional, Provincial or City Police Offi ce
within whose jurisdiction the operation is to be conducted.
5.2 Coordination by Filing Coordination Form Prior to the launching of the operation, except in cases where the formal (in writing) inter-unit coordination
cannot be made due to the nature and/or urgency of the situation such as, but not limited to, cross-jurisdictional pursuit operations, coordination should
be made formally using the prescribed Coordination Form, which shall be filed with the concerned operation center of the Police Regional, Provincial or
City Office
5.3 Coordination by Practical/Available Means of Communication - In cases where formal inter-unit coordination is not feasible, the Police Unit concerned
shall endeavor to notify the territorial police office through any practical/available means of communication at anytime during the operation and, if not
possible, shall accomplish and furnish the territorial Police Office a written incident report immediately after the termination of the operation.
RULE 6. REQUIREMENTS OF POLICE OPERATIONS
6. 1 Basic Requirements Police operations like arrest, search and seizure, checkpoint, roadblocks, demolition and civil disturbance management shall be
conducted as follows:
a.With a marked police vehicle;
b. Led by a Police Commissioned Officer (PCO); and
c. With personnel in prescribed police uniform or attire.
6.2 Use of Megaphones and Similar Instruments During actual police intervention operations, the Team Leader shall use peaceful means including the
use of megaphones or any other similar instruments to warn or influence the offender/s or suspect/s to stop and/or peacefully give up.
6.3 Warning Shots Prohibited The police shall not use warning shots during police intervention operations.
RULE 7. USE OF FORCE DURING POLICE OPERATIONS
7.1 Use of Excessive Force Prohibited The excessive use of force during police operation is prohibited. However, in the lawful performance of duty, a
police offi cer may use necessary force to accomplish his mandated tasks of enforcing the law and maintaining peace and order.
7.2 Issuance of Verbal Warning The police offi cer must fi rst issue a verbal warning before he could use force against an offender. As far as practicable,
the verbal warning shall be in the dialect that is known to the offender or in the national language. Basically the verbal warning shall consist of the
following: the police offi cer identifying himself; his intention; and what he wants the offender to do. If the offender is a foreigner, the verbal warning shall
be done in the English language followed by a demonstrative act of the police offi cer's intent. The verbal warning shall be done in a loud and clear
manner.
7.3 Non-Issuance of Verbal Warning When Excusable The failure to issue a verbal warning is excusable in cases where threat to life or property is
already imminent, and there is no other option but to use force to subdue the offender.
7.4 Use of Non-Lethal Weapon When suspect is violent or threatening, and that less physical measures have been tried and deemed inappropriate, a
more extreme, but non-deadly measure can be used such as baton/truncheon, pepper spray, stun gun and other nonlethal weapon to bring the suspect
under control, or effect an arrest.
7.5 Application of Necessary and Reasonable Force During confrontation with an armed offender, only such necessary and reasonable force should be
applied as would be sufficient to overcome the resistance put up by the offender; subdue the clear and imminent danger posed by him; or to justify the
force/act under the principles of self-defense, defense of relative, or defense of stranger.
7.6 Factors to Consider in the Reasonableness of the Force Employed A police officer, however, is not required to afford offender/s attacking him the
opportunity for a fair or equal struggle. The reasonableness of the force employed will depend upon the number of aggressors, nature and characteristic
of the weapon used, physical condition, size and other circumstances to include the place and occasion of the assault. The police officer is given the
sound discretion to consider these factors in employing reasonable force.
7.7 Responsibility of the Police Officer in Charge of the Operation The police officer who is in charge of the operation shall, at all times, exercise control
over all police personnel in the area of operation, and shall exhaust all possible means to apply the necessary and reasonable force to protect lives and
properties during armed confrontation.
RULE 8. USE OF FIREARM DURING POLICE OPERATIONS
8. 1 Use of Firearm When Justified The use of firearm is justified if the offender poses imminent danger of causing death or injury to the police officer or
other persons. The use of fi rearm is also justified under the doctrines of self-defense, defense of a relative, and defense of a stranger. However, one who
resorts to self-defense must face a real threat on his life, and the peril sought to be avoided must be actual, imminent and real. Unlawful aggression
should be present for self-defense to be considered as a justifying circumstance.
8.2 Firing at Moving Vehicles Prohibited But with Exceptions -A moving vehicle shall not be fired upon except when its occupants pose imminent danger
of causing death or injury to the police officer or any other person, and that the use of firearm does not create a danger to the public and outweighs the
likely benefits of its non-use. –
8.3 Parameters to be Considered in Firing at Moving Vehicle In firing at a moving vehicle, the following parameters should be considered:
a. The intent of the suspect/s to harm the police offi cer or other persons; -
b. The capability of the suspect/s to harm with certainty the police offi cer or other persons; and - c.Accessibility or the proximity of the suspect/s from the
police offi cer and other persons.
8.4 Filing of an Incident Report After the Use of Firearm A police officer who fires his service fi rearm or weapon during a confrontation with an offender or
offenders must submit an incident report outlining the circumstances necessitating the use of his firearm.
8.5 Procedures After an Armed Confrontation Immediately after an armed confrontation, the officer who is in charge of the operation shall:
a. Secure the site of confrontation;
b. Take photographs;
c. Check whether the situation still poses imminent danger;
d. Evacuate the wounded to the nearest hospital;
e. Ensure that all persons who died on the spot are not moved from their original position;
f.Arrested suspects should be kept in isolation;
g. Conduct debriefing on all involved PNP operatives; Submit After-Operations Report; and
h.Ensure psychological stress counseling for all involved PNP operatives.
The 1 987 Constitution of the Republic of the Philippines —Article I l l
Article Ill - BILL OF RIGHTS
Section l . No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the
laws.
Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever
nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined
personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the
place to be searched and the persons or things to be seized.
Section 3. ( l) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order
requires otherwise, as prescribed by law.
(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.
Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and
petition the government for redress of grievances. Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise
thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious
test shall be required for the exercise of civil or political rights.
Section 6. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court.
Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law.
Section 7. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and
papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be
afforded the citizen, subject to such limitations as may be provided by law.
Section 8. The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not
contrary to law shall not be abridged.
Section 9. Private property shall not be taken for public use without just compensation.
Section 1 0. No law impairing the obligation of contracts shall be passed.
Section I l . Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty.
Section 1 2. ( l ) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to
have competent and independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one.
These rights cannot be waived except in writing and in the presence of counsel.
2. No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret detention places,
solitary, incommunicado, or other similar forms of detention are prohibited.
3.Any confession or admission obtained in violation of this or Section 1 7 hereof shall be inadmissible in evidence against him.
(4) The law shall provide for penal and civil sanctions for violations of this section as well as compensation to and rehabilitation of victims of torture or
similar practices, and their families.
Section 1 3. All persons, except those charged with offenses punishable by reclusion perpetua when evidence of guilt is strong, shall, before conviction,
be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The right to bail shall not be impaired even when the
privilege of the writ of habeas corpus is suspended. Excessive bail shall not be required.
Section 1 4. ( l ) No person shall be held to answer for a criminal offense without due process of law.
2) In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be heard by himself and
counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial, and public trial, to meet the witnesses face to
face, and to have compulsory process to secure the attendance of witnesses and the production of evidence in his behalf. However, after arraignment,
trial may proceed notwithstanding the absence of the accused provided that he has been duly notified and his failure to appear is unjustifiable.
Section 1 5. The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion when the public safety requires it.
Section 1 6. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or administrative bodies.
Section 1 7. No person shall be compelled to be a witness against himself.
Section 1 8. ( l ) No person shall be detained solely by reason of his political beliefs and aspirations.
(2) No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly convicted.
Section 1 9. (l) Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall the death penalty be imposed,
unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death penalty already imposed shall be reduced to
reclusion perpetua.
(2) The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of substandard or inadequate penal
facilities under subhuman conditions shall be dealt with by law.
Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.
Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and an ordinance, conviction or
acquittal under either shall constitute a bar to another prosecution for the same act.
Section 22. No ex post facto law or bill of attainder shall be enacted.
Republic Act No. 7438 - AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR UNDER CUSTODIAL INVESTIGATION
AS WELL AS THE DUTIES OF THE ARRESTING, DETAINING AND INVESTIGATING OFFICERS, AND PROVIDING PENALTIES FOR VIOLATIONS
THEREOF
Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of Public Officers. —
a.Any person arrested detained or under custodial investigation shall at all times be assisted by counsel.
b) Any public officer or employee, or anyone acting under his order or his place, who arrests, detains or investigates any person for the commission of an
offense shall inform the latter, in a language known to and understood by him, of his rights to remain silent and to have competent and independent
counsel, preferably of his own choice, who shall at all times be allowed to confer privately with the person arrested, detained or under custodial
investigation. If such person cannot afford the services of his own counsel, he must be provided with a competent and independent counsel by the
investigating officer.
c.The custodial investigation report shall be reduced to writing by the investigating officer, provided that before such report is signed, or thumbmarked if
the person arrested or detained does not know how to read and write, it shall be read and adequately explained to him by his counsel or by the assisting
counsel provided by the investigating officer in the language or dialect known to such arrested or detained person, otherwise, such investigation report
shall be null and void and of no effect whatsoever.
d.Any extrajudicial confession made by a person arrested, detained or under custodial investigation shall be in writing and signed by such person in the
presence of his counsel or in the latter's 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 chosen by him; otherwise, such extrajudicial
confession shall be inadmissible as evidence in any proceeding.
e. Any waiver by a person arrested or detained under the provisions of Article 125 of the Revised Penal Code, or under custodial investigation, shall be in
writing and signed by such person in the presence of his counsel; otherwise the waiver shall be null and void and of no effect.
f. Any person arrested or detained or under custodial investigation shall be allowed visits by or conferences with any member of his immediate family, or
any medical doctor or priest or religious minister chosen by him or by any member of his immediate family or by his counsel, or by any national
nongovernmental organization duly accredited by the Commission on Human Rights of by any international non-governmental organization duly
accredited by the Office of the President. The person's "immediate family" shall include his or her spouse, fiancé or fiancée, parent or child, brother or
sister, grandparent or grandchild, uncle or aunt, nephew or niece, and guardian or ward.
As used in this Act, "custodial investigation" shall include the practice of issuing an "invitation" to a person who is investigated in connection with an
offense he is suspected to have committed, without prejudice to the liability of the "inviting" officer for any violation of law.
Section 3. Assisting Counsel. — Assisting counsel is any lawyer, except those directly affected by the case, those charged with conducting preliminary
investigation or those charged with the prosecution of crimes. The assisting counsel other than the government lawyers shall be entitled to the following
fees; The amount of One hundred fifty pesos (PI 50.00) if the suspected person is chargeable with light felonies;/awphi IOalf The amount of Two hundred
fifty pesos (P250.00) if the suspected person is chargeable with less grave or grave felonies; The amount of Three hundred fifty pesos (P350.00) if the
suspected person is chargeable with a capital offense.
The fee for the assisting counsel shall be paid by the city or municipality where the custodial investigation is conducted, provided that if the municipality of
city cannot pay such fee, the province comprising such municipality or city shall pay the fee: Provided, That the Municipal or City Treasurer must certify
that no funds are available to pay the fees of assisting counsel before the province pays said fees.
In the absence of any lawyer, no custodial investigation shall be conducted and the suspected person can only be detained by the investigating officer in
accordance with the provisions of Article 125 of the Revised Penal Code.
Section 4. Penalty Clause. (a) Any arresting public officer or employee, or any investigating officer, who fails to inform any person arrested, detained or
under custodial investigation of his right to remain silent and to have competent and independent counsel preferably of his own choice, shall suffer a fine
of Six thousand pesos (P6,000.00) or a penalty of imprisonment of not less than eight (8) years but not more than ten (10) years, or both. The penalty of
perpetual absolute disqualification shall also be imposed upon the investigating officer who has been previously convicted of a similar offense.
The same penalties shall be imposed upon a public officer or employee, or anyone acting upon orders of such investigating officer or in his place, who
fails to provide a competent and independent counsel to a person arrested, detained or under custodial investigation for the commission of an offense if
the latter cannot afford the services of his own counsel.
(b) Any person who obstructs, prevents or prohibits any lawyer, any member of the immediate family of a person arrested, detained or under custodial
investigation, or any medical doctor or priest or religious minister chosen by him or by any member of his immediate family or by his counsel, from visiting
and conferring privately with him, or from examining and treating him, or from ministering to his spiritual needs, at any hour of the day or, in urgent cases,
of the night shall suffer the penalty of imprisonment of not less than four (4) years nor more than six (6) years, and a fine of four thousand pesos
The provisions of the above Section notwithstanding, any security officer with custodial responsibility over any detainee or prisoner may undertake such
reasonable measures as may be necessary to secure his safety and prevent his escape.
RULE 1 1 3 –Arrest
Section I. Definition of arrest. — Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an offense. (
l)
Section 2. Arrest; how made. — An arrest is made by an actual restraint of a person to be arrested, or by his submission to the custody of the person
making the arrest. No violence or unnecessary force shall be used in making an arrest. The person arrested shall not be subject to a greater restraint
than is necessary for his detention. (2a)
Section 3. Duty of arresting officer. — It shall be the duty of the officer executing the warrant to arrest the accused and to deliver him to the nearest
police station or jail without unnecessary delay. (3a)
Section 4. Execution of warrant. — The head of the office to whom the warrant of arrest was delivered for execution shall cause the warrant to be
executed within ten (10) days from its receipt. Within ten (10) days after the expiration of the period, the officer to whom it was assigned for execution
shall make a report to the judge who issued the warrant. In case of his failure to execute the warrant, he shall state the reasons therefor. (4a)
Section 5. Arrest without warrant; when lawful. — A peace officer or a private person may, without a warrant, arrest a person:
a.When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense;
bWhen an offense has just been committed, and he has probable cause to believe based on personal knowledge of facts or circumstances that the
person to be arrested has committed it; and
c) When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or is temporarily
confined while his case is pending, or has escaped while being transferred from one confinement to another.
In cases falling under paragraph (a) and 1b) above, the person arrested without a warrant shall be forthwith elivered to the nearest police station or jail
and shall be proceeded against in accordance with section 7 of Rule 1 1 2. (5a
Section 6. Time of making arrest. — An arrest may be made on any day and at any time of the day or night. (6)
Section 7. Method of arrest by omcer by virtue of warrant. — When making an arrest by virtue of a warrant, the officer shall inform the person to be
arrested of the cause of the arrest and of the fact that a warrant has been issued for his arrest, except when he flees or forcibly resists before the officer
has opportunity to so inform him, 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 as soon as practicable. (7a)
Section 8. Method of arrest by officer without warrant. When making an arrest without a warrant, the officer shall inform the person to be arrested of his
authority and the cause of the arrest, unless the latter is either engaged in the commission of an offense, is pursued immediately after its commission,
has escaped, flees or forcibly resists before the officer has opportunity so to inform him, or when the giving of such information will imperil the arrest. (8a)
Section 9. Method of arrest by private person. — When making an arrest, a private person shall inform the person to be arrested of the intention to arrest
him and cause of the arrest, unless the latter is either engaged in the commission of an offense, is pursued immediately after its commission, or has
escaped, flees, or forcibly resists before the person making the arrest has opportunity to so inform him, or when the giving of such information will imperil
the arrest. (9a)
Section 10. Officer may summon assistance. — An officer making a lawful arrest may orally summon as many persons as he deems necessary to assist
him in effecting the arrest. Every person so summoned by an officer shall assist him in effecting the arrest when he can render such assistance without
detriment to himself. ( l Oa) Section I I . Right of officer to break into building or enclosure. — An officer, in order to make an arrest either by virtue of a
warrant, or without a warrant as provided in section 5, may break into any building or enclosure where the person to be arrested is or is reasonably
believed to be, if he is refused admittance thereto, after announcing his authority and purpose. (l la)
Section 12. Right to break out from building or enclosure. Whenever an officer has entered the building or enclosure in accordance with the preceding
section, he may break out therefrom when necessary to liberate himself. ( 12a)
Section 13. Arrest after escape or rescue. If a person lawfully arrested escapes or is rescued, any person may immediately pursue or retake him without
a warrant at any time and in any place within the Philippines. (13) Section 14. Right of attorney or relative to visit person arrested. — Any member of the
Philippine Bar shall, at the request of the person arrested or of another acting in his behalf, have the right to visit and confer privately with such person in
the jail or any other place of custody at any hour of the day or night. Subject to reasonable regulations, a relative of the person arrested can also exercise
the same right. ( 1 4a)
RULE 126Search and Seizure
Section I . Search warrant defined. — A search warrant is an order in writing issued in the name of the People of the Philippines, signed by a judge and directed
to a peace officer, commanding him to search for personal property described therein and bring it before the court. ( l )
Section 2. Court where application for search warrant shall be filed. — An application for search warrant shall be filed with the following:
a) Any court within whose territorial jurisdiction a crime was committed.
b) For compelling reasons stated in the application, any court within the judicial region where the crime was committed if the place of the commission of the crime
is known, or any court within the judicial region where the warrant shall be enforced.
However, if the criminal action has already been filed, the application shall only be made in the court where the criminal action is pending.
Section 3. Personal property to be seized. — A search warrant may be issued for the search and seizure of personal property: Subject of the offense; Stolen or
embezzled and other proceeds, or fruits of the offense; or Used or intended to be used as the means of committing an offense. (2a)
Section 4. Requisites for issuing search warrant. — A search warrant shall not issue except upon probable cause in connection with one specific offense to be
determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing
the place to be searched and the things to be seized which may be anywhere in the Philippines. (3a)
Section 5. Examination of complainant; record. — The judge must, before issuing the warrant, personally examine in the form of searching questions and
answers, in writing and under oath, the complainant and the witnesses he may produce on facts personally known to them and attach to the record their sworn
statements, together with the affidavits submitted. (4a)
Section 6. Issuance and form of search warrant. If the judge is satisfied of the existence of facts upon which the application is based or that there is probable
cause to believe that they exist, he shall issue the warrant, which must be substantially in the form prescribed by these Rules. (5a)
Section 7. Right to break door or window to effect search. — The officer, if refused admittance to the place of directed search after giving notice of his purpose
and authority, may break open any outer or inner door or window of a house or any part of a house or anything therein to execute the warrant or liberate himself or
any person lawfully aiding him when unlawfully detained therein. (6)
Section 8. Search of house, room, or premise to be made in presence of two witnesses. No search of a house, room, or any other premise shall be made except
in the presence of the lawful occupant thereof or any member of his family or in the absence of the latter, two witnesses of sufficient age and discretion residing in
the same locality. (7a)
Section 9. Time of making search. — The warrant must direct that it be served in the day time, unless the affidavit asserts that the property is on the person or in
the place ordered to be searched, in which case a direction may be inserted that it be served at any time of the day or night. (8)
Section 10. Validity of search warrant. — A search warrant shall be valid for ten (10) days from its date. Thereafter it shall be void. (9a)
Section I I . Receipt for the property seized. — The officer seizing property under the warrant must give a detailed receipt for the same to the lawful occupant of
the premises in whose presence the search and seizure were made, or in the absence of such occupant, must, in the presence of at least two witnesses of
sufficient age and discretion residing in the same locality, leave a receipt in the place in which he found the seized property. ( I Oa)
Section 12. Delivery of property and inventory thereof to court; return and proceedings thereon. (a) The officer must forthwith deliver the property seized to the
judge who issued the warrant, together with a true inventory thereof duly verified under oath.
b.Ten (10) days after issuance of the search warrant, the issuing judge shall ascertain if the return has been made, and if none, shall summon the person to whom
the warrant was issued and require him to explain why no return was made. If the return has been made, the judge shall ascertain whether section I l of this Rule
has been complained with and shall require that the property seized be delivered to him. The judge shall see to it that subsection (a) hereof has been complied
with.
c.The return on the search warrant shall be filed and kept by the custodian of the log book on search warrants who shall enter therein the date of the return, the
result, and other actions of the judge. A violation of this section shall constitute contempt of court.(l la)
Section 13. Search incident to lawful arrest. — A person lawfully arrested may be searched for dangerous weapons or anything which may have been used or
constitute proof in the commission of an offense without a search warrant. (1 2a)
Section 14. Motion to quash a search warrant or to suppress evidence; where to file. — A motion to quash a search warrant and/or to suppress evidence obtained
thereby may be filed in and acted upon only by the court where the action has been instituted. If no criminal action has been instituted, the motion may be filed in
and resolved by the court that issued the search warrant. However, if such court failed to resolve the motion and a criminal case is subsequent filed in another
court, the motion shall be resolved by the latter court.
Crime mapping is used by analysts in law enforcement agencies to map, visualize, and analyze crime incident patterns. It is a key
component of crime analysis and the CompStat policing strategy. Mapping crime, using Geographic Information Systems (GIS),
allows crime analysts to identify crime hot spots, along with other trends and patterns.

Crime mapping is a very important tool in managing and controlling crime in an area. By analyzing the spatial and temporal data
provided by maps investigator are able to understand the crime patterns and trend it also help in resource allocation and in geographic
profiling of criminals and suspicious locations.
Using GIS, crime analysts can overlay other datasets such as census demographics, locations of pawn shops, schools, etc., to better
understand the underlying causes of crime and help law enforcement administrators to devise strategies to deal with the problem. GIS
is also useful for law enforcement operations, such as allocating police officers and dispatching to emergencies.[1]

Definitions: GIS and Crime Mapping


 A geographic information system (GIS) is a powerful software tool that allows the user to create any kind of geographic
representation, from a simple point map to a three-dimensional visualization of spatial or temporal data. For the purposes of this book,
the definition of a GIS is as follows: A GIS is a set of computer-based tools that allows the user to modify, visualize, query, and
analyze geographic and tabular data. A GIS is similar to a spreadsheet or word processing program in that the software provides a
framework and templates for data collection, collation, and analysis, and it is up to the user to decide what parts of the system to use
and how to use them. A GIS does more than enable the user to produce paper maps; it also allows him or her to view the data behind
geographic features, combine various features, manipulate the data and maps, and perform statistical functions.
 Crime mapping is a term used in policing to refer to the process of conducting spatial analysis within crime analysis. The
definition of crime mapping is as follows:
 Crime mapping is the process of using a geographic information system to conduct spatial analysis of crime problems and
other police-related issues.
Clarifying where different types of crime and other incidents occur is one of the many important functions of crime analysis.
Because of the unique nature of the software used and the prominence of geographic data in crime mapping, this type of analysis
is often discussed as though it is distinct from crime analysis; in reality, however, crime mapping is a sub discipline of crime
analysis.
 Crime mapping serves three main functions within crime analysis:
1. It facilitates visual and statistical analyses of the spatial nature of crime and other types of events.
2. It allows analysts to link unlike data sources together based on common geographic variables (e.g., linking census information,
school information, and crime data for a common area).
3. It provides maps that help to communicate analysis results. Crime mapping is complementary to all forms of crime analysis in
that it plays an important part in almost every analysis.
 The following are some examples of how crime mapping is used within the three types of crime analysis:
1. • In tactical crime analysis, crime mapping is used to identify immediate patterns for crimes such as residential and
commercial burglary, auto theft, and theft from vehicles. For example, spatial analysis of auto theft incidents may reveal clusters
of activity at specific locations that might indicate a crime pattern.
2.• In strategic crime analysis, crime mapping is utilized in long-term applications to analyze the relationship between criminal
activity and indicators of disorder, such as a high volume of vacant property or disorder calls for service; to assist in geographic
and temporal allocation of resources, such as patrol officer scheduling and determination of patrol areas; to examine patterns of
crime at or around specific locations, such as schools, bars, or drug treatment centers; to calculate crime rate information, such as
numbers of residential burglaries per household; and to incorporate crime data with qualitative geographic information, such as
information on teenage hangouts, student pathways to school, or drug and prostitution markets.
3. • In administrative crime analysis, crime mapping is a valuable tool used by police, researchers, and media organizations to
convey criminal activity information to the public. Web sites operated by police departments and news organization routinely post
maps that depict areas of crime, along with corresponding tables and definitions. For example, a police agency can reduce citizen
requests for neighborhood crime information by placing monthly or weekly crime maps on a Web site that members of the public
can access using computers in their homes or at the local library.

 Geographic Features - A geographic information system translates physical elements in the real world— such as roads,
buildings, lakes, and mountains—into forms that can be displayed, manipulated, and analyzed along with police information such as
crime, arrest, and traffic accident data.
 A GIS uses four types of features to represent objects and locations in the real world; these are referred to as point, line,
polygon, and image features
1. Point Features - A point feature is a discrete location that is usually depicted on a GIS-generated map by a symbol or label. A
point feature is analogous to a pin placed on a paper wall map. A GIS uses different symbols to depict the locations of data
relevant to the analysis, such as crimes, motor vehicle accidents, traffic signs, buildings, police beat stations, and cell phone
towers.
2. Line Features - A line feature is a real-world element that can be represented on a map by a line or set of lines. For example,
represent streets. Other types of line features include rivers, streams, power lines, and bus routes.
3. A polygon feature is a geographic area represented on a map by a multisided figure with a closed set of lines. Polygons can
represent areas as large as continents or as small as buildings; in GIS-generated maps they may be used to depict county
boundaries, city boundaries, parks, school campuses, or police districts.
4. Image Features - An image feature on a GIS-generated map is a vertical photograph taken from a satellite or an airplane that is
digitized and placed within the appropriate coordinates. Such photos, which may appear in black and white or color, show the
details of streets, buildings, parking lots, and environmental features (landscaping).

 Types of Crime Mapping - Several types of mapping are used routinely in crime analysis. This section provides a brief
introduction to the various types of crime mapping to set the stage for the chapters that follow, which discuss the creation of maps and
their application to crime analysis in more detail.
1. Single-Symbol Mapping - In single-symbol maps, individual, uniform symbols represent features such as the locations of
stores, roads, or states. An important thing to keep in mind about single-symbol maps is that a GIS places all points on such a map
that share the same address directly on top of one another, making it impossible for the map to show how many points there really
are. For example, if a middle school and elementary school share the same address, the GIS will have placed two gray circles in
the same spot, so there is no way someone looking at the map can see all the schools in the area. This drawback of single-symbol
mapping is particularly relevant for the mapping of crime and other police data, because crime and other police-related incidents
often occur repeatedly at particular locations. Because of this, crime analysts use single-symbol mapping primarily to display
geographic information in which there is no overlap; they employ other types of maps to convey information about multiple
incidents at particular locations. In addition, single-symbol maps are not useful when analysts are dealing with large amounts of
data. Thus analysts use single-symbol maps primarily when they are working with relatively small amounts of data that do not
overlap. Police agencies also often use single-symbol maps to communicate the locations of crimes within patterns to police
personnel.
2. Buffers - A buffer is a specified area around a feature on a map. Buffers can be set at small distances, such as 50 feet, or larger
distances, such as 500 miles, depending on the purpose and scale of the map. Buffers help in crime analysis by illustrating the
relative distances between features on a map.. Buffers can also be used as polygons for data aggregation and comparison.
3. Graduated Mapping - Crime analysts often use graduated maps—that is, maps in which different sizes or colors of features
represent particular values of variables. In a graduated size map, the sizes of the symbols used for point and line features reflect
their value. As noted above, single-symbol maps are not appropriate for displaying data about crimes that occur at the same
locations repeatedly. Analysts use graduated size maps for this purpose, because these maps can account for multiple incidents at
the same locations. However, like single-symbol maps, graduated size maps are subject to overlapping points if too many data are
analyzed at once. In a graduated color map, the colors of the symbols reflect their values; this kind of mapping can be used with
points (in a single-symbol map only),2 lines, and polygons.
4. Chart Mapping - Chart mapping allows the crime analyst to display several values within a particular variable at the same
time (e.g., variable = crime, values = robbery, assault, and rape).
 There are two types of chart mapping: pie and bar. In pie chart mapping, the relative percentages (represented by slices of a
pie) of values within a variable are displayed. In bar chart mapping, the relative frequencies (represented by bars) of values within
variables are displayed
5. Density Mapping - In density mapping, analysts use point data to shade surfaces that are not limited to area boundaries (as is
the case in graduated color mapping). In their most basic form, density maps are shaded according to the concentration of
incidents in particular areas. The darker colors represent areas in which the incidents are more concentrated, and the lighter colors
represent those in which the incidents are less concentrated. Such maps are used to compare small variations in crime levels from
one area to another rather than to compare levels of crime within fixed artificial geographic boundaries, as in area maps.
6. Interactive Crime Mapping Rather than a type of mapping, the term interactive crime mapping refers to simplified
geographic information systems made available to novice users over the Internet. Many police departments have interactive Web
sites where citizens and police officers can conduct basic crime mapping themselves. These applications typically are not flexible
or sophisticated enough to be useful to crime analysts.

Reference:
file:///C:/Users/user/Desktop/crime%20mapping%20lea%204.pdf

Note: Please click at the reference to see the different illustration of the types of mapping.

You might also like