HUMAN RIGHTS

The Cyrus Cylinder (539 B.C.)

The decrees Cyrus made on human rights were inscribed in the Akkadian language on a
baked-clay cylinder.

Cyrus the Great, the first king of Persia, freed the slaves of Babylon, 539 B.C.

In 539 B.C., the armies of Cyrus the Great, the first king of ancient Persia,
conquered the city of Babylon. But it was his next actions that marked a major advance
for Man. He freed the slaves, declared that all people had the right to choose their own
religion, and established racial equality. These and other decrees were recorded on a
baked-clay cylinder in the Akkadian language with cuneiform script.

Known today as the Cyrus Cylinder, this ancient record has now been
recognized as the world’s first charter of human rights. It is translated into all six official
languages of the United Nations and its provisions parallel the first four Articles of the
Universal Declaration of Human Rights.

The Spread of Human Rights

From Babylon, the idea of human rights spread quickly to India, Greece and
eventually Rome. There the concept of “natural law” arose, in observation of the fact
that people tended to follow certain unwritten laws in the course of life, and Roman law
was based on rational ideas derived from the nature of things.

Documents asserting individual rights, such as the Magna Carta (1215), the
Petition of Right (1628), the US Constitution (1787), the French Declaration of the
Rights of Man and of the Citizen (1789), and the US Bill of Rights (1791) are the written
precursors to many of today’s human rights documents.

The Magna Carta, or “Great Charter,” was arguably the most significant early influence
on the extensive historical process that led to the rule of constitutional law today in the
English-speaking world.

In 1215, after King John of England violated a number of ancient laws and customs by
which England had been governed, his subjects forced him to sign the Magna Carta,
which enumerates what later came to be thought of as human rights. Among them was
the right of the church to be free from governmental interference, the rights of all free
citizens to own and inherit property and to be protected from excessive taxes. It
established the right of widows who owned property to choose not to remarry, and
established principles of due process and equality before the law. It also contained
provisions forbidding bribery and official misconduct.

Widely viewed as one of the most important legal documents in the development of
modern democracy, the Magna Carta was a crucial turning point in the struggle to
establish freedom.

Petition of Right (1628) 

In 1628 the English Parliament sent this statement of civil liberties to King Charles I.
The next recorded milestone in the development of human rights was the Petition of
Right, produced in 1628 by the English Parliament and sent to Charles I as a statement
of civil liberties. Refusal by Parliament to finance the king’s unpopular foreign policy had
caused his government to exact forced loans and to quarter troops in subjects’ houses
as an economy measure. Arbitrary arrest and imprisonment for opposing these policies
had produced in Parliament a violent hostility to Charles and to George Villiers, the
Duke of Buckingham. The Petition of Right, initiated by Sir Edward Coke, was based
upon earlier statutes and charters and asserted four principles: (1) No taxes may be
levied without consent of Parliament, (2) No subject may be imprisoned without cause
shown (reaffirmation of the right of habeas corpus), (3) No soldiers may be quartered
upon the citizenry, and (4) Martial law may not be used in time of peace.

United States Declaration of Independence (1776)

In 1776, Thomas Jefferson penned the American Declaration of Independence.

On July 4, 1776, the United States Congress approved the Declaration of

Independence. Its primary author, Thomas Jefferson, wrote the Declaration as a formal
explanation of why Congress had voted on July 2 to declare independence from Great
Britain, more than a year after the outbreak of the American Revolutionary War, and as
a statement announcing that the thirteen American Colonies were no longer a part of
the British Empire. Congress issued the Declaration of Independence in several forms.
It was initially published as a printed broadsheet that was widely distributed and read to
the public.

Philosophically, the Declaration stressed two themes: individual rights and the right of
revolution. These ideas became widely held by Americans and spread internationally as
well, influencing in particular the French Revolution.

The Constitution of the United States of America (1787) and Bill of Rights (1791)

The Bill of Rights of the US Constitution protects basic freedoms of United States
citizens.
 Written during the summer of 1787 in Philadelphia, the Constitution of the United
States of America is the fundamental law of the US federal system of government and
the landmark document of the Western world. It is the oldest written national constitution
in use and defines the principal organs of government and their jurisdictions and the
basic rights of citizens.

The first ten amendments to the Constitution—the Bill of Rights—came into effect on
December 15, 1791, limiting the powers of the federal government of the United States
and protecting the rights of all citizens, residents and visitors in American territory.

The Bill of Rights protects freedom of speech, freedom of religion, the right to keep and
bear arms, the freedom of assembly and the freedom to petition. It also prohibits
unreasonable search and seizure, cruel and unusual punishment and compelled self-
incrimination. Among the legal protections it affords, the Bill of Rights prohibits
Congress from making any law respecting establishment of religion and prohibits the
federal government from depriving any person of life, liberty or property without due
process of law. In federal criminal cases it requires indictment by a grand jury for any
capital offense, or infamous crime, guarantees a speedy public trial with an impartial
jury in the district in which the crime occurred, and prohibits double jeopardy.

Declaration of the Rights of Man and of the Citizen (1789)

In 1789 the people of France brought about the abolishment of the absolute
monarchy and set the stage for the establishment of the first French Republic. Just six
weeks after the storming of the Bastille, and barely three weeks after the abolition of
feudalism, the Declaration of the Rights of Man and of the Citizen (French: La
Déclaration des Droits de l’Homme et du Citoyen) was adopted by the National
Constituent Assembly as the first step toward writing a constitution for the Republic of
France.

The Declaration proclaims that all citizens are to be guaranteed the rights of “liberty,
property, security, and resistance to oppression.” It argues that the need for law derives
from the fact that “...the exercise of the natural rights of each man has only those
borders which assure other members of the society the enjoyment of these same
rights.” Thus, the Declaration sees law as an “expression of the general will,“ intended
to promote this equality of rights and to forbid “only actions harmful to the society.”
The First Geneva Convention (1864)

The original document from the first Geneva Convention in 1864 provided for care to
wounded soldiers.
In 1864, sixteen European countries and several American states attended a
conference in Geneva, at the invitation of the Swiss Federal Council, on the initiative of
the Geneva Committee. The diplomatic conference was held for the purpose of
adopting a convention for the treatment of wounded soldiers in combat.

The main principles laid down in the Convention and maintained by the later Geneva
Conventions provided for the obligation to extend care without discrimination to
wounded and sick military personnel and respect for and marking of medical personnel
transports and equipment with the distinctive sign of the red cross on a white
background.

United Nations (1945)

Fifty nations met in San Francisco in 1945 and formed the United Nations to protect and
promote peace.
World War II had ranged from 1939 to 1945, and as the end drew near, cities
throughout Europe and Asia lay in smoldering ruins. Millions of people were dead,
millions more were homeless or starving. Russian forces were closing in on the
remnants of German resistance in Germany’s bombed-out capital of Berlin. In the
Pacific, US Marines were still battling entrenched Japanese forces on such islands as
Okinawa.
 In April 1945, delegates from fifty countries met in San Francisco full of optimism
and hope. The goal of the United Nations Conference on International Organization was
to fashion an international body to promote peace and prevent future wars. The ideals
of the organization were stated in the preamble to its proposed charter: “We the peoples
of the United Nations are determined to save succeeding generations from the scourge
of war, which twice in our lifetime has brought untold sorrow to mankind.”

The Charter of the new United Nations organization went into effect on October 24,
1945, a date that is celebrated each year as United Nations Day.

The Universal Declaration of Human Rights (1948) 

The Universal Declaration of Human Rights has inspired a number of other human
rights laws and treaties throughout the world.
By 1948, the United Nations’ new Human Rights Commission had captured the
world’s attention. Under the dynamic chairmanship of Eleanor Roosevelt—President
Franklin Roosevelt’s widow, a human rights champion in her own right and the United
States delegate to the UN—the Commission set out to draft the document that became
the Universal Declaration of Human Rights. Roosevelt, credited with its inspiration,
referred to the Declaration as the international Magna Carta for all mankind. It was
adopted by the United Nations on December 10, 1948.

In its preamble and in Article 1, the Declaration unequivocally proclaims the

inherent rights of all human beings: “Disregard and contempt for human rights have
resulted in barbarous acts which have outraged the conscience of mankind, and the
advent of a world in which human beings shall enjoy freedom of speech and belief and
freedom from fear and want has been proclaimed as the highest aspiration of the
common people...All human beings are born free and equal in dignity and rights.”

The Member States of the United Nations pledged to work together to promote
the thirty Articles of human rights that, for the first time in history, had been assembled
and codified into a single document. In consequence, many of these rights, in various
forms, are today part of the constitutional laws of democratic nations.

Article III of the 1987 Philippine Constitution

ARTICLE III

BILL OF RIGHTS

Section 1. 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. (1) 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 10. No law impairing the obligation of contracts shall be passed.

Section 11. 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 12. (1) 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 17 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 13. 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 14. (1) 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 15. 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 16. All persons shall have the right to a speedy disposition of their cases before
all judicial, quasi-judicial, or administrative bodies.

Section 17. No person shall be compelled to be a witness against himself.

Section 18. (1) 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 19. (1) 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.

EXECUTIVE ORDER NO. 163

DECLARING THE EFFECTIVITY OF THE CREATION OF THE COMMISSION

ONHUMAN RIGHTS AS PROVIDED FOR IN THE 1987 CONSTITUTION, PROVIDING
GUIDELINES FOR THE OPERATION THEREOF, AND FOR OTHER PURPOSES.

WHEREAS, the 1987 Constitution has been ratified by the people;

WHEREAS, the 1987 Constitution has created an independent office called the
Commission on human Rights; and
WHEREAS, there is an urgent necessity to constitute the Commission on Human Rights
to give effects to the State policy that "the State values the dignity of every human
person and guarantees full respect for human rights."

NOW, THEREFORE, I , CORAZON C. AQUINO, President of the Philippines, by virtue

of the powers vested in me by the Constitution, do hereby order:

Section 1

The Commission on Human Rights as provided under Article XIII of the 1987
Constitution is hereby declared to be now in existence.

Section 2

The Commission on Human Rights shall be composed of a Chairman and four

members who must be natural-born citizens of the Philippines and, at the time of their
appointment, at least thirty-five years of age, and must not have been candidates for
any elective position in the elections immediately preceding their appointment.
However, a majority thereof shall be members of the Philippine Bar.

The Chairman and the Members of the Commission on human Rights shall not, during
their tenure, hold any other office or employment. Neither shall they engage in the
practice of any profession or in the active management or control of any business which
in any way may be affected by the functions of their office, nor shall they be financially
interested, directly or indirectly, in any contract with, or in any franchise or privilege
granted by the government, any of its sub-divisions, agencies, or instrumentalities,
including government-owned or controlled corporations or their subsidiaries.

The Chairman and the Members of the Commission on Human Rights shall be
appointed by the president for a term of seven years without reappointment.
Appointment to any vacancy shall be only for the unexpired term of the predecessor.

The Chairman and the members of the Commission on human Rights shall receive the
same salary as the Chairman and the Members of the Commission on Human Rights
shall receive the same salary as the Chairman and Members, respectively, of the
Constitutional Commissions, which shall not be decreased during their term of office.

Section 3

The Commission on Human Rights shall have the following powers and functions:

• Investigate, on its owner on complaint by any party all forms of human rights violations
involving civil and political rights;

• Adopt its operational guidelines and rules of procedure, and cite for contempt for
violations thereof in accordance with the rules of Court.
•  Provide appropriate legal measures for the protection of human rights of all persons
within the Philippines, as well as Filipinos residing abroad and provide for preventive
measures and legal aid services to the under-privileged whose human rights have been
violated or need protection;

• Exercise visitorial powers over jails, prisons, or detention facilities;

• Establish a continuing program of research, education and information to enhance

respect for the primacy of human rights;

• Recommend to the Congress effective measures to promote human rights and to

provide for compensation to victim of violations of human rights, or their families;

• Monitor the Philippine Government's compliance with international treaty obligations

on human rights;

• Grant immunity form prosecution to any person whose testimony or whose possession
of documents or other evidence is necessary or convenient to determine the truth in any
investigation conducted by it or under its authority;

• Request the assistance of any department, bureau, office or agency in the

performance of its functions;

• Appoint its officer and employees in accordance with law; and

• Perform such other duties and functions as may be provided by law.

Section 4

The presidential committee on human Rights, created under executive Order no. 8
dated March 18, 1996, as modified, is hereby abolished. The Commission on Human
Rights shall exercise such functions and powers of the presidential committee on
Human Rights under Executive Order No. 8, as modified, which are not inconsistent
with the provisions of the 1987 Constitution.

The unexpended appropriations of the Presidential Committee on Human Rights are

hereby transferred to the Commission on Human rights. All properties, records,
equipment, buildings, facilities and other assets of the Presidential Committee on
Human Rights shall be transferred to the Commission on Human Rights.

The Commission on Human Rights may retain such personnel of the Presidential
Committee on Human Rights effected under this Executive Order shall receive the
benefits to which they may be entitled under existing law, rules and regulations.
Section 5

The approved annual appropriations of the Commission on Human Rights shall be

automatically and regularly released.

Section 6

All laws, orders, issuances, rules and regulations or parts thereof inconsistent with this
Executive Order are hereby repealed or modified accordingly.

Section 7

This Executive Order shall take effect immediately.

Done in the City of manila, this 5 th day of May, in the year of our Lord, nineteen
hundred and eighty-seven.

(Signed)

CORAZON C. AQUINO

President of the Philippines

By the President:

(Sgd.) JOKER P. ARROYO

Executive Secretary
Revised Police Operations Procedures 

General Procedure

Regardless of the type of functions to be performed and/or police operation to be

conducted, all PNP units and personnel shall comply with and apply the following
procedure:

Rule 1:  POLICE BLOTTER

Each PNP operating units shall maintain an official police blotter where all types of operational
and undercover dispatches shall be recorded containing the five “W”s and one “H” of an
information.

Rule 2:  INTER-UNITS COORDINATION

Team Leaders of Local Police Units operating outside their AOR and National Support Units
shall coordinate personally or through an official representative with the concerned territorial
Police Office within whose jurisdiction the operation will be conducted using the prescribed
Coordination Form (ANNEX-A Refer to page xii) prior to the launching of the operation, except
in cases of hot pursuit where the inter-unit coordination through the written form cannot be
made due to the nature and urgency of the situation. In such case, the Police Unit in pursuit
shall endeavor to notify the territorial unit by any means of appropriate communication at
anytime during the hot pursuit and if not possible, shall accomplish and furnish the territorial
Police Unit a written incident report immediately after the termination of that particular pursuit
operation. Hot Pursuit – (also termed in the US as fresh pursuit) shall mean an immediate,
recent chase or follow-up without material interval for the purpose of taking into custody any
person wanted by virtue of a warrant or one suspected to have committed a recent offense
while fleeing from one police jurisdiction to another, necessitating the pursuing Police Unit to
cross jurisdiction boundaries that will normally require prior official personal inter-unit
coordination but which the pursuing unit cannot at that moment comply with due to the urgency
of the situation.

Rule 3: BASIC REQUIREMENTS OF POLICE INTERVENTION OPERATIONS

Generally, all police intervention operations (arrest, raid, search and seizure, checkpoint, etc)
shall be conducted:

a. With a marked police vehicle;

b. Preferably led by a Commissioned Officer;

c. With personnel in proper police uniform

Rule 4:  WARNING BY USE OF MEGAPHONES

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

Rule 5:  WARNING SHOTS

The police shall not use warning shots during any police intervention.

Rule 6:  USE OF DEADLY FORCE

The excessive use of force shall be avoided. The use of firearm is justifiable by virtue of the
Doctrines of Self-Defense, Defense of Relative, and Defense of Stranger, and if the police has
probable cause to believe that the suspect poses an imminent danger of death or serious
physical injury to the police or other persons.

Rule 7:  REASONABLE FORCE

During an armed confrontation, the police may use reasonable force to overcome the threat
posed by the suspect. However the Officer-in-Charge of the operation shall at all times
exercise control over his men in the area, and shall ensure that no innocent civilian is caught in
the crossfire.

Rule 8:  MOVING VEHICLES

Moving vehicles may not be fired upon solely to disable them the driver or other occupant of
moving motor vehicle may be fired upon if the police has probable cause to believe that the
suspects pose an imminent danger of death to the police or other persons, and the use of
firearm does not create a danger to the public that outweighs the likely benefits of its use.

 
Rule 9:  THINGS TO BE DONE AFTER AN ARMED CONFRONTATION

Immediately after an armed confrontation, the Officer-in-Charge shall:

a. Secure the site of confrontation;

b. Check whether the situation still poses imminent danger;

c. Evacuate the wounded to the nearest hospital; and

d. Account for the killed, wounded and arrest persons for proper disposition

Rule 10: JURISDICTIONAL INVESTIGATION BY THE TERRITORIAL UNIT CONCERNED

The Police Unit which has territorial jurisdiction of area of the armed confrontation, together
with the SOCO team, if any, shall immediately undertake the necessary investigation and
processing of the scene of the encounter. In cases where there is a slain suspect, it shall
submit the incident for inquest before the duty inquest prosecutor prior to the removal of the
body from the scene, except in areas where there are no inquest Prosecutors. In which case,
the police can proceed with the investigation.

SPECIAL PROCEDURES

Rule 11: ARREST

All arrests should be made only on the basis of a valid warrant of arrest issued by a competent
authority, except in cases specified under the Doctrine of Citizens Arrest (Sec. 5, Rule 113,
Rules on Criminal Procedure). Arrest is the 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 to be arrested shall not be subjected to
any greater restraint than is necessary for his detention.

SEC. 1. Time of Arrest – As a general rule, arrests may be on any day at any time of the day or
night.

SEC. 2. Modes of Arrest – An arrest may be made by virtue of a Warrant of Arrest, or without a
warrant as hereinafter provided.

SEC. 3. Execution of Arrest – The head of the office to whom the warrant of arrest has been
delivered for execution shall cause the warrant to be executed within ten (10) days from
receipt. Within ten days after the expiration of such period, the officer to whom it was assigned
for execution shall make a report to the judge who issued the warrant and, in case of his failure
to execute the same, shall state the reasons therefore.

SEC. 4. Arrest by Virtue of a Warrant of Arrest –

a. it shall be the duty of the officer executing the warrant to arrest the accused without
unnecessary delay and deliver him to the nearest police station or jail.

b. 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 before the officer has the 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.

SEC. 5. Arrest Without a 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;

b.  When, 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 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 area to another.

SEC. 6. Duties of Arresting Officer in Case of Arrest Without a Warrant

a.   The arresting officer shall inform the subject or suspect, in the dialect or language known to
him, why he is being arrested, and of his right to remain silent and to have a counsel of his own
choice, to be inform of his authority and the cause of the 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 and escapes; or flees or forcibly resists before the officer has opportunity
to so inform him, or when the giving of such information will imperil the arrest.

b. The arrested person shall be delivered to the proper authorities without unnecessary delay
and within the time prescribed in article 125 of the Revised Penal Code, as amended (12, 18,
or 36, hours, as the case may be ).

c.   The person arrested without a warrant shall be delivered to the nearest police station or jail,
and shall be the subject of inquest proceedings under Section 7, Rule 112 of the 2000 Rule of
Criminal Procedure.

d. If the person arrested without a warrant waives his right to remain to silent under the
provisions of Art 125 of the Revised Penal Code and opts to give a statement and present
evidence for his defense, the arresting officer shall ensure that the waiver made by the person
arrested shall be in writing and in the presence of his counsel of choice.

SEC. 7.  Physical of Arrested Person/ Suspect – Immediately after arrest of person ordered
arrested by the court, or of a suspect under investigation, he should be subjected to a physical
examination by a medico-legal officer or, in the absence of such medico-legal officer, by any
government physician in the area. Prior to is release or any change of custody, the suspect
shall also be physically examined.

SEC. 8. Prohibitions – No torture, force, violence, threat, intimidation, or any other means
which violates the free will shall be used against a suspect. Secret detention places, solitary
confinement (incommunicado) or other similar forms of detention shall be prohibited.

SEC. 9. Record Check – The officer shall make a record check for the possibility that the
arrested person is wanted for crimes other that for which the same was arrested.

Rule 12: SEARCH AND SEIZURES

SEC. 1. Search Warrant Defined – Ii is an order in writing issued in the name of the People of
the Philippines, signed by a judge and directed to peace officer, commanding him to search for
any property described therein and bring it before the court.

SEC. 2. Requisites for Issuance of Search Warrant – A search warrant shall be issued only
upon probable cause in connection with one specific offense to be determined personally by
the judge after the 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.

The following are the properties subject to seizure;

a. Properties which are the subject of the offense;

b.Stolen embezzled proceeds, or fruits of the offense

c. Objects including weapons, equipment and other items used or intended to be used as the
means of committing an offense;

c .Objects that are illegal per se in plain view.

 

SEC. 3. Applications for Search Warrant -  All application for search warrant shall be approved
by a duly designated officer. The application shall be recorded in a log book. The application
shall indicate the following data:

a.  Office applying for the Search Warrant;

b. Name of officer-applicant;

c.  Name of the subject, if known;

d. Address/place(s) to be searched;

e.  Specific statement of things/articles to be seized; and

f. Sketch of the place to be searched.

SEC. 4. Authority Given to Officer in the Conduct of Search (Sec. 7 & 13, Rule 126 of the 2000
Rules of criminal Procedure as amended) – in the conduct of search, if after giving notice of
this purpose and authority the officer is refused admittance to the place of search, he may
break open any outer or inner door window or any part of a house or anything therein to
execute the warrant or liberate himself or any person lawfully aiding  hi when unlawfully
detained therein.

SEC. 5. Prohibited Acts in the Conduct of Search

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

b. Lawful personal properties, papers and particularly described in the search warrant shall not
be taken.

SEC. 6. Validity of Search Warrant – The search shall be valid for ten (10) days from date of
issuance. Thereafter, it shall be void.

SEC. 7. Receipt for the Property Seized – The officer seizing property by virtue of the warrant
shall give a detailed receipt for the same top the lawful occupant of the premises in whose
presence the search and seized was made, or in the absence of such occupant, shall, in the
presence of at least two (2) witnesses of sufficient age and discretion residing in the same
locality, leave a receipt in the place in which he found the seized property in the absence of the
lawful owner.
SEC. 8. Valid Warrant-less Searches and Seizures –

1. Search made incidental to a valid arrest. Moreno vs. Ago Chi, 12 Phil 439, 422 (1909) “An
officer making a lawful arrest by virtue of a warrant or under the doctrine of warrant-less arrest
may take from the person arrested any money or property found upon his person which was
used in the commission of the crime or was the fruit of the crime or which might furnish the
prisoner with the means of committing violence or escaping, or which may be used in evidence
in the trial of the case….”

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

3. Seizure of goods concealed to avoid duties. Uykheytin V Villareal, 116 U.S. 746 (1886);
Papa V Mago, 22 SCRA 857 ( February 28, 1968); Pacis V Pamaran, 56 SCRA 16 (March 15,
1974).

4. Seizure of evidence in plain view. Harris V United States, 390 U.S. 234, 236 (1968) says
that any object “ falling in the plain view are subject to seizure and may be introduced as
evidence.”

5. When there is waiver of the right or there is consented. De Garcia V Locsin, 65 Phil. 689,
694-5 (1938) says: It is well-settled that to constituted a waiver of a constitutional right, it must
appear, first that the right exists; secondly, that the person involved had knowledge, either
actual or constructive, of the existence of such right; lastly, that said person had an actual
intention to relinquish the right” Thus, where accused has voluntarily surrender his gun, he
cannot claim illegality of the seizure. People V. Agbot, 106 SCRA 325, 331 (L-376541, July 31,
1981)

Rule 13: CRIME SCENE INVESTIGATION

SEC. 1 It is the conduct of processes, more particularly the recognition, search, collection,
handling, preservation and documentation of physical evidence to include the identification and
interview of witnesses and the arrest of suspect/s at the crime scene.

SEC. 2. Upon receipt of a report/complaint of a crime incident, the desk officer shall:

a. Record the time the report/complaint was made, the identity of the person who made the
report, place of the incident and a synopsis of the incident.

b.Inform his superior officer or the duty officer regarding the report.

SEC. 3. First Responders – Any police who first arrives at the crime scene and shall endeavor
to protect and secure the same as follows:

a. Cordon off the crime scene with whatever available materials like ropes, straws, human
barricade, police line, if available, etc.

b. Evacuate injured persons to the nearest hospital;

c.    Prepare to take the “dying declaration” of severely injured person, if any;

d. Prevent entry/exit of persons within the condoned area; and

e.    Prepare to brief the investigators of the situation upon their arrival.

SEC. 4. Crime Scene Investigation Proper-

a. Receipt of Briefing and Designation of Command Post.

The team leader upon arrival at the crime scene receives the briefing from the first responder
and shall immediately designate a command post which ideally located adjacent to the scene
where the evidence custodian stays and receives the pieces of evidence turned over to him for
safe keeping by the other evidence collectors.

b. Initiation of Preliminary Survey. The team leader makes a general assessment of the scene,
takes a cautions walk-through of the crime scene, takes down extensive notes to document
important factors, and establishes the evidence most likely to be encountered. He then defines
the extent of the search area, and determines personnel and equipment needed, and makes
specific assignments. From his assessments, he develops a general theory of the crime scene.

c. Preparation of Narrative Report. The team leader uses the systematic approach in making a
narrative report. No item is too insignificant to record if it catches one’s attention.

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

e. Crime Scene Sketches. A rough sketch is prepared indicating the actual measurement of
things with scale and proportion observed and oriented to the North Pole. All necessary
information are placed in the sketch.

f. Detailed Search. The search for physical evidence is done using the accepted methods of
search depending upon the actual location to be searched.

g. Collection of Physical Evidence. The team leader is always informed of significant evidence
located. The evidence collector shall put his initial, location and date of collection on the item
and turn it over to the evidence custodian for documentation and safekeeping. In cases where
the evidence encountered needs special processing due to significant or sensational cases,
the Scene of the Crime Operation (SOCO) specialists of the Crime Laboratory shall be
requested.

h. Conduct of Final Survey. The team leader makes a final review of the crime scene to
determine whether or not the processing has been completed.

i. Release of the Crime Scene. The release of the crime scene shall be done if the investigator
is satisfied that all pieces of evidence have been recovered. Thus, the investigator must
evaluate the items recovered from the results of interrogation of the suspects and the interview
of the witnesses. He must bear in mind that upon the formal release of the crime scene to the
proper authority, a warrant is already required for his re-entry to the crime scene.

SEC. 5 . Conduct of Interview- While the crime scene is being processes, the team leader shall
designate other members to look for witnesses and immediately conduct interview. The
assigned investigator shall jot down important facts for future reference.

SEC. 6. Arrest of Suspect/s-  Upon arrival at the crime scene, the team leader shall endeavor
to arrest the suspect/s if he is still at the crime scene or the first responder did not arrest the
suspect/s. The suspect/s shall be secured and shall be separated from the other witnesses.

Rule 14: UNDERCOVER OPERATIONS

SEC. 1 Scope of Undercover Operations- Undercover operations shall involve the collection of
information to support investigative law enforcement action, counter-intelligence operations,
and other management usage.

SEC 2. Usage of Information Obtained from Undercover Operations- Information obtained from
undercover operations shall be treated only as “lead” for further case build-up or to serve as
basis for further evidence-gathering to substantiate specific indictable legal case or cases
against the suspect or suspects, and therefore, in no uncertain terms shall it be used or
considered as evidence in court nor a cause for any immediate active law enforcement action.

SEC. 3. Mission Orders- All personnel on undercover operations shall carry at all times mission
orders/slips duly approved by their immediate supervisors and filed appropriately with their
respective offices.

SEC. 4. Restriction- Undercover operatives on mission shall confined their operations to the
specific case(s) assigned to them.

SEC. 5. After-Mission Report- The undercover operation shall submit immediately his report
upon completion of mission.

Rule 15: CUSTODIAL INVESTIGATION

SEC. 1. Custodial Investigation- Custodial investigation shall refer to the stage where the
investigation conducted by law enforcers is no longer a general inquiry into an unsolved crime
and has begun to focus on a particular suspect who had been taken into custody by law
enforcement officers who carry out a process of interrogation that lends itself to eliciting
incriminating statements. It shall also refer to instances when suspect is taken into custody or
otherwise deprived of his/her freedom of action in any significant manner. Custodial
investigation shall also include any questioning or probe involving a person “invited” by a law
enforcement officer in connection with an offense he/she is suspected to have committed. It is
the investigation of a suspect arrested without a warrant; as such the police is duty-bound to
file a case against him within the reglementary period, strictly adhering to his constitutional
rights as hereinafter provided.

SEC. 2. Rights of the Suspect under Custodial Investigation- The following rights of the
arrested person shall be observed by the investigator during custodial investigation as
embodied under RA 7438. The suspect shall be appraised of his right (Miranda Doctrine), to
wit:

a. That he has the right to remain silent;

b.That if he waives his right to remain silent, anything he says can be used in evidence for or
against him in court;

c. That he has the right to counsel of his own choice; and that if he cannot afford one, he shall
be provided with an independent and competent counsel; and

d.That he has the right to be informed of such right.

SEC. 3 Waiver- In the event that the suspect waives his right under Art 124 of the RPC, such
waiver must be made in writing and duly signed by him and by the counsel of his own choice or
by a competent and independent counsel provided for him if he can not afford one.

SEC. 4. Detention- Detention prisoner/s shall be locked up as may be necessary to secure his
safety and prevent his escape.

SEC. 5. Transporting Detention Prisoner-

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

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

c. In no case should a Detention Prisoner be transported using public utility land vehicles that
are not exclusively rented for the purpose.

d. In no case shall a high-risk Detention Prisoner be transported without proper escort and
restraining devices.

e. Female and juvenile delinquent detainees shall not be transported in handcuffs, but only
with necessary restraint and proper escort, preferably aided by a female personnel.

f. In no case shall a Detention Proper be allowed out of the Detention Cell without the proper
personnel escort.

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

h. In no case shall a Detention Prisoner be allowed travel and escort outside the detention cell
to places devoted for recreation, worship, entertainment meals and dining and others of similar
and analogous description.

i. Detention Prisoner shall as much as possible be transported in detention prisoner uniform or

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

SEC. 6. Monitoring of Cases- An investigator’s job does not end upon the filing of the case with
the prosecutor’s office. It is imperative that the case be continuously monitored up to its final
resolution.

SEC. 7. Media Presentation/Press Conference-  Presentation of arrest persons before the

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

a. When the arrest is by virtue of valid warrant;

b.When the arrest is made “en flagrante delecto” or caught in the act and the crime committed
is heinous. In short, arrested persons for minor crimes even if caught in the act may not be
presented before the media.

c. In cases of warrant-less arrest, presentation before the media of arrested persons under this
category shall be done only after such arrested person shall have been established by the
investigating prosecutor or judge, as the case maybe; and

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

Rule 16: INQUEST PROCEDURES

SEC. 1. Inquest Proper- Shall refer to an informal and summary investigation conducted by a

public prosecutor in the criminal cases involving persons arrested and detained without the
benefit of a warrant issued by the court for the purpose of determining whether or not said
persons should remain under custody and correspondingly be charged in court. Where the
detained person does not opt for a preliminary investigation or otherwise refuses to execute
the required waiver, the investigator shall proceed with the inquest by submitting the suspect
before the inquest prosecutor to include sworn statements/affidavits of the complainant and the
witness/es and other supporting evidence.

SEC. 2. Presence of Detained Person-  The presence of the detained person who is under
custody shall be ensured during the inquest proceedings except under the following
circumstances:

a. If he is confined in a hospital;

b. If he is detained in a place under maximum security;

c. If production of the detained will involve security risk; or

d. If the presence of the detained person is not feasible by reason of age, health, sex and other
similar factors.

Rule 17: RULES ON LABOR DISPUTES, RALLIES, DEMONSTRATIONS, AND

DEMOLITIONS

SEC. 1. Applicable Legal Parameters- The pertinent provisions of the Public Assembly Act of
1985 (Bats Pambansa Blg 8500), the Labor Code of the Philippines, as amended and other
applicable laws, shall be observed during rallies, strikes, demonstrations or other public
assemblies. Accordingly, law enforcement agents shall, at all times, exercise maximum
tolerance. In case of unlawful aggression, only reasonable force may be employed to prevent
or repel it. The employment of teargas and water cannons shall be made under the control and
supervision of the Ground Commander. No arrest of any leader, organizer, or participant shall
be made during the public assembly, unless he violates any pertinent law as evidence
warrants.

SEC 2. General Policy –

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

b. Whenever the assistance of the PNP is necessary, elements of the local police force should
be called upon to render assistance. Such request for assistance shall be addressed to the
Regional Director, National Capital Regional Police Office or the Police Regional Offices.
Unless directed by the President or personally by the chairman of the National Police
Commission upon consultation with the Secretary of Labor and Employment or when
requested by the latter, personnel from the Armed Forces of the Philippines (AFP) shall not
intervene nor be utilized in any labor dispute.

c. Insofar as practicable, no officer of the law shall be allowed to render services in connection
with a strike or lockout if there is question or complaint as regards his relationship by affinity or
consanguinity to any official/leader of the parties in the controversy or if he has financial or
pecuniary interest therein.

d. A peace-keeping detail shall be established in the strike or lockout area when requested by
the Department of Labor and Employment (DOLE) or as the Regional Director, National
Capital Regional Police Office, City Police Office/Provincial Director, may deem necessary for
the purpose of maintaining peace and order in the area.

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

SEC 3. Peace-keeping – The peace-keeping detail shall not be stationed in the picket (or
confrontation line) but should be stationed such that their presence may deter the commission
of criminal acts or any untoward incident from either side. The members of the peace-keeping
detail shall stay outside a 50-meter radius from the picket line. In cases wherein the 50-meter
radius includes a public thoroughfare, they may station themselves in such public thoroughfare
for the purpose of insuring the free flow of traffic.

SEC 4. Additional Instructions-

a. Except as provided in these guidelines, the matter of determining whether a strike, picket or
lockout is legal or not should be left to DOLE and its appropriate agencies. PNP elements are
enjoined from interfering in a strike, picket or lockout, except as herein provided, for the sole
reason that it is illegal.

b. No personal escort shall be provided to any of the parties to the controversy unless so
directed by the competent authority. Whenever escorts are to be provided to any, the other
party shall be informed accordingly. All escorts shall be in uniform at all times.

c.    During the pendency of a strike/lockout, the police and military personnel concerned are
discouraged from the socializing with any of the parties involved in the controversy.

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

Rule 18:  STRIKES, LOCKOUTS, AND LABOR DISPUTES

SEC. 1. Peace-keeping Detail -  The peace keeping detail shall be stationed in the picket (or
confrontation line) in such a manner that its presence may deter the commission of criminal
acts from either side.  The members of the peace-keeping detail shall position themselves
outside a 50-meter radius from the picket line.  In cases wherein the 50-meter radius includes
a public thoroughfare, they may station themselves in the public thoroughfare for the purpose
of insuring the free flow of traffic.

SEC. 2. Service of Lawful Orders or Writ-

a. The service of DOLE, court, or other lawful orders or writs or writs is the primary concern of
the DOLE representative, sheriff, and representative of the government agency issuing the
order, respectively.  The role of the PNP, AFP, and Bureau of Fire Protection (BFP) is only
supportive. Only when specifically stated and requested in the order or writ shall the PNP
enforce such orders or writs, subject to the provisions of paragraph 3 hereof.

SEC. 3. Prohibited Socializing – During the pendency of a strike or lockout, the police and
military personnel concerned are discouraged from socializing with any of the parties involved
in the controversy. These personnel shall not, under any pretext, accept any invitation from
management personnel or union officials or personnel involved in the controversy.

SEC. 4. Liaison -    Liaison shall be established and maintained with representatives of DOLE,
management, and the union in the strike or lockout area for the purpose of maintaining peace
and order and a continuing peaceful dialogue between the parties to the strike or lockout.

SEC. 5. Prohibited Labor Activities- No public official or employee, including officers and
personnel of the PNP, shall:

a. bring in, introduce or escort, in any manner, any individual who seeks to replace strikers in
entering or leaving the premises of a strike area or

b. work in place of the strikers.

Rule 19: DEMOLITION ORDERS, INJUNCTIONS, AND OTHER SIMILAR ORDERS

SEC 1. Role of the PNP in the Enforcement of a Demolition Order-

a. Police Assistance in the enforcement or implementation of a demolition or injunction order

shall be granted only upon a written request of the Sheriff or authorized representative and
accompanied by a valid order issued by a competent court and/or with written permission from
the Presidential Commission for Urban Poor. Moreover, said police assistance shall be
coordinated and cleared with the concerned mayor before its enforcement.

b.The duties of PNP personnel in any demolition activity shall be limited to the maintenance of
peace and order, protection of life and property, enforcement of laws and legal orders of duly
constituted authorities, and to perform specific functions prescribed by law.
c. PNP personnel tasked to provide police assistance shall be in proper uniform and will be led
by an officer during the actual and legal relocation phase. They shall be limited only to
occupying the first line of law enforcement and civil disturbance control; shall not participate in
the physical dismantling of any structure subject of eviction or demolition; and shall refrain from
the use of unnecessary and unreasonable force.

SEC 2. Procedures in the Enforcement of a Demolition Order-

a. PNP personnel should be informed of the prevailing situation, their tasks, strict observance
of Human Rights, and the appropriate provisions of the POP.

b.All police assistance rendered shall be officer-led, if possible by the Chief of Police who has
jurisdiction over the area and who should be present during the demolition activity.

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

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

e. The mode of participation shall be strictly to maintain peace and order during the entire
demolition/ejectment activity, ensuring the protection of all parties from harm and injury.

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

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

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

Rule 20: CHECKPOINTS

SEC. 1. Authority to Establish Checkpoints-  The establishment of permanent checkpoints

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

SEC 2. Requirements-

a. Only mobile checkpoints are authorized and they shall be established only in conjunction
with ongoing operations. Only official and marked vehicles shall be used in establishing mobile
checkpoints.

b.Checkpoints may be established when there is a need to arrest a criminal or fugitive from
justice.

c. The conduct of searches, seizures, and arrests in checkpoints shall be done with civility and
with due respect to innocent passer-by, commuters or bystanders.

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

e. Enforcement officers manning the checkpoints shall be in proper uniform at all times with
their identification cards and nameplates on.

f. Personnel manning checkpoints shall always be led by an Officer with the rank of Police
Inspector at least.

g. Checkpoint personnel shall not mulct, extort, or harass drivers, passengers, traders, etc.

SEC 3. Procedures to be Followed When Checkpoints are Ignored- When checkpoints are
ignored, the following shall be observed:

a. In the event that checkpoints/roadblocks are ignored and the motorist/suspects bump the
roadblock in an attempt to elude arrest or avoid inspection, the team leader shall immediately
contact adjacent units to inform them of the situation and immediately conduct dragnet
operation, while those at the checkpoint shall pursue the errant fleeing motorist.

b.Warning shots shall be discouraged due to the confusion it may create for the driver and
passengers of the vehicle. Megaphone or police sirens shall be used instead during the
pursuit. The plate number of the vehicle shall be noted and given to other units in adjacent
areas to prevent the possibility that the vehicle may elude the pursuit operation.

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

SEC 4 Limitation of Searches at Checkpoints- Searches made at check or checkpoints shall be

limited to visual search and neither the vehicle nor the occupants shall be subjected to physical
search. An extensive search may be allowed only if the officers conducting the search have
probable cause to believe that they would find evidence pertaining to the commission of a
crime in the vehicle to be search and there is no sufficient time to secure a valid warrant.

SEC 5. Flagging Down or Accosting Vehicles While in Mobile Car- This rule is a general
concept and does not apply in hot pursuit situations. The Mobile Car Crew shall undertake the
following, when applicable:

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

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

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

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

e. Determine whether the suspects are hostile or not;

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

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

h. Park behind the suspect’s vehicle at a discreet distance and cautiously approach the vehicle
on the driver’s side;

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

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

k. The other members of the team must be on guard for any eventuality while the vehicle is
being approached.

l. Talk to the driver in a most courteous manner and inform him of the nature of his violation.
Demand to see the driver’s license, photocopies of the certificate of registration and the official
receipt. Examine these documents and counter-check the driver on the information reflected
herein; m. If it concerns traffic violations, immediately issue a Traffic Violation Receipt (TVR).
Never indulge in prolonged, unnecessary conversation or argument with the vehicle’s
occupants;

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

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

SEC. 6. Dealing with Hostile Situation – The following are the procedures to be followed in
dealing with hostile drivers:

a.  Stopping Vehicles

1. Follow the procedure stated from (a) to (c) of Section 5;

2. Immediately request for back-up;

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

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

5. If the back-up is already in the vicinity, inform Headquarters that you are proceeding to
accost the suspect;

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

7. Park at a discreet distance behind the suspect’s vehicle;

8. While the vehicle is being approached, the other members of the crew and back-up must be
on guard for any eventuality. Overreactions should be avoided;

9. If the vehicle’s windows are heavily tinted and the occupants cannot be seen, instruct the
driver to open all windows for a clear view of the vehicle’s interior;

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

11. Instruct the driver to turn off the ignition and toss the key to the ground. Demand to see the
Driver’s license and photocopies of the vehicle’s certificate of registration and the official
receipt. Examine the documents and counter- check the driver on the information reflected
therein; and

12. If there are other suspects aside from the driver, separate them from one another.
b.  Fleeing Vehicles

1. In the event that the motor vehicle did not stop despite the warning given, inform
Headquarters so that roadblocks can be put up.

2. When the vehicle of the suspect is cornered or stopped, instruct the driver and other
occupants in a clear and commanding voice to follow specifically what you will require of them.
Failure on their part to follow will be construed as a hostile act on their part. Execute
instructions on the use of reasonable force.

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

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

5. Arrest and handcuffs the suspect and bring them to Headquarters for proper disposition.

6. Before moving out, inform Headquarters about the situation, status and disposition of the
suspects and motor vehicle accosted.

Rule 21:  CIVIL DISTURBANCE MANAGEMENT OPERATIONS

SEC. 1.  General Guidelines –

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

SEC.2.  Specific Guidelines –

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

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

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

SEC. 3. Dispersal of Public Assembly with Permit -

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

violent, the police  may orderly disperse such public assembly in the following manner:

1.  At the first sign of impending violence, the Ground Commander of the PNP CDM contingent
shall call the attention of the leaders of the public assembly and ask the latter to prevent any
possible disturbance.

2. If actual violence starts to a point where rocks or other harmful objects from the participants
are thrown at the police or at the non-participants or at any property causing damage to such
property, the designated officers/PNP CDM Commander shall AUDABLY warn the participants
that if the disturbance persists, the public assembly will be orderly dispersed.  The CDM
Commander may also conduct a dialogue with the leaders informing them of their actions and
advise them to disperse peacefully.

3. If the violence or disturbance prevailing or stated in the preceding subparagraph does not
stop or abate, the designated Officer/Commander of the contingent shall AUDIBLY issue a
warming to the participants of the public assembly, through loud hailers or public address
system, and after allowing a reasonable period of time lapse, shall immediately order it to
forthwith disperse.

4.  No arrest of any leader, organizer or participant shall be made during the public assembly
unless he violates any law, statute, ordinance or any provision of Batas Pambansa Bilang 880
during the assembly.  Such arrest shall be governed by Article 125 of the Revised Penal Code,
as amended.

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

SEC. 4.  Dispersal of Public Assembly Without Permit – When the public assembly is held
without a permit where a permit is required, the said public assembly may be orderly
dispersed.  Water cannons may be used to disperse the crowd when the situation so demands.

SEC. 5.  CDM Operational Tasks -

1. Isolate the area

2. Secure Likely targets

3. Control Crowds

4. Establish area control

5. Neutralize special threats

SEC. 6. CDM Operational Approaches -

1. The commitment of CDM personnel must be viewed as a last    resort.  Their role, therefore,
should never be greater than is absolutely necessary, under the particular circumstances
which prevail.  This does not mean, however, that the number of troops employed should be
minimized. On the contrary, the degree of force required to control a disturbance is frequently
inversely proportionate to the number of available personnel. Doubts concerning the number of
troops required, therefore, should normally be resolved in favor of large numbers may prevent
the development of situations in which the use of excessive force is necessary.  A large
reserve of troops should be maintained during civil

disturbance operations.  The knowledge that a large reserve force is available builds morale
among law enforcement personnel and contributes toward preventing overreaction to
provocative acts by disorderly persons.

2. In selecting an operational approach to a civil disturbance situation, the Commander and his
staff must adhere scrupulously to the “minimum necessary force” principle, for example, crowd
control formations or riot control formation or riot control agents should not be used is
saturation of area with manpower would suffice.

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

4. Consistent with the controlling principle that he must use only the minimum force necessary
to accomplish his mission, the Commander arms his troops with rattan sticks, shield, Kevlar
helmet and handcuffs.

SEC. 7. Police Response in  Crowd Control –

1. During the Planning and Formative Stage

a.  Negotiate with demonstrators’ leaders

b. Police authorities send intermediaries

c.  Send Intel agents

2. During Initial and Peaceful Stage

a. Allow demonstrators to supervise themselves.

b. Allow private volunteers to supervise demonstrators
c.   A show of force by the Police

3.  During Riotous Stage

a.  Use respected civic leaders to appeal to the rioters to disperse
b.  Use of police formations and arrests
c. Use of special types of less lethal  weapon and ammunition
d. Use of additional forces (security team/SWAT
teams)
e.  Use of AFP force – only as reserve

4.   During Violent Stage

a. Police should stand their ground to prevent violent demonstrators from inflicting injuries
against any individual, damage to public and private properties, and for their dispersal.

b. Use respected community leaders to persuade the demonstrators to stop the violence and
surrender.

c. Use necessary force as a last resort. Post-Demonstration Stage

a. Withdraw main police force from the demonstrators’ area.

b. Maintain force or presence in the area.

Rule 22: HOSTAGE SITUATION

SEC. 1. Procedures to be followed in a Hostage Situation – The following steps shall be

undertaken:
a. A Crisis Management Task Group shall be activated immediately.

b.  Incident scene shall be secured and isolated.

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

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

SEC. 2. Ground Commander – There shall be only one Ground Commander in the area.

SEC. 3. Negotiators – There shall be designated by the Ground Commander.  No one shall be
allowed to talk to the hostage-taker without clearance from the negotiating panel or Ground
Commander.

SEC. 4. Assault Team -  An Assault team shall be alerted for deployment in case the
negotiation fails.  Members of this assault team wear authorized and easily recognizable
uniform during the conduct of the operation.  Bonnets shall not be used.

SEC. 5. Assault Plan – The assault shall be planned to ensure minimal threat to life for all
parties.

SEC. 6. Support Personnel – An ambulance with medical participating elements shall be

consolidate efforts in solving the crisis.

SEC. 7. Coordination – Proper coordination with all participating elements shall be done to
consolidate efforts in solving the crises.

SEC. 8. Safety of Hostage(s) – In negotiating for the release of a hostage, the safety of the
hostage shall always be paramount.

SEC. 9. Procedures to be Followed during Negotiations – The following shall be undertaken in

the conduct of negotiations:

a. Stabilize and contain the situation;

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

c. Take time when negotiating;

d. Allow hostage-taker to speak;

e. Don’t offer the hostage-taker anything.  What he will ask for will be part of the negotiation;
f. Avoid directing frequent attention to the victim when talking to the hostage-taker;

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

h. Never dismiss any request from the hostage-taker as trivial or important;

i. Never say “NO”;

j. Soften the demands;

k. Never set a deadline; try not to accept a deadline;

l. Do not make alternate suggestions not agreed upon in the negotiation;

m. Do not introduce outsiders (non-law enforcement officers) into the negotiation process,
unless their presence is extremely necessary in the solution of the crises; provided that they
shall be properly advised on the do’s and don’ts of hostage negotiations;

n. Do not allow any exchange of hostages, unless extremely necessary; in particular, do not
exchange a negotiator for a hostage;

o. Avoid negotiating face-to-face; and

p. Law enforcement officers without proper training shall not be allowed to participate in
hostage negotiations.

Rule 23: AVIATION SECURITY PROCEDURES

SEC. 1. International Conventions – These protocols are about civil aviation safeguard against
hijacking and acts of unlawful interference to civil aviation.

a. The Chicago Convention

The Chicago Convention which was participated in by 52 nations in November 1944 at

Chicago, USA, paved the way for the formation of the international Civil Aviation Organization
(ICAO) purposely to ensure the safe and orderly growth of international civil aviation
throughout the world. The ICAO officially came into existence on 4  April 1947 and thus
became the permanent body under the United Nations charged with the administration of the
principles and objectives of Convention.

b. The Tokyo Convention The Tokyo Convention, also known as the Convention on Offenses
and Certain Other Acts Committed on Board an Aircraft, was signed in Tokyo, Japan on 14
September 1963  and came into force on 4 December 1969.  This was ratified by a total of 124
states, including the Philippines. The convention defined all acts which, whether or not
classifiable as offenses, may jeopardize the safety of an aircraft, the persons on board or
property therein, and such other acts which may jeopardize good order and discipline on board
the aircraft. It also enumerated and explained the powers of the aircraft commander in an
international flight, as well as the competence of signatory states to exercise Jurisdiction over
offenses committed on board an aircraft.

c. The Hague Convention

The Hague Convention, also known as the Convention for the Suppression of Unlawful Seizure
of Aircraft, was signed in The Hague, Netherlands on 16 December 1970 and came into force
on 14 December 1971.  This was come ratified by a total of129 states, including the
Philippines. Signatory states agreed to make hijacking punishable by severe penalties, and to
include it in the list of extraditable crimes.  Hijackers may be tried in the country where the
aircraft landed or where the aircraft is registered.

d. The Montreal Convention.The Montreal Convention, also known as the Convention for the
Suppression of Unlawful Acts against the Safety of Civil Aviation, was signed in Montreal,
Canada on 23 September 1971 and came into force on 26 January 1973. Signatory states
were obligated to enact laws covering all acts of unlawful interference with civil aviation and to
provide severe penalties for any violations.

e. National Legislations: Republic Act 6975- Pursuant to section 35, paragraph b (7) of
Republic Act 6975, the PNP Aviation Security Command which was later renamed as Aviation
Security Group (ASG), in coordination with airport authorities, is tasked to; (1) secure all the
country’s airports against offensive and terroristic acts that threaten civil aviation,

(2) exercise operational control and supervision over all agencies involved in airport security
operations, and (3) enforce all laws and regulations relative to air travel protection and safety.

SEC. 2. Standard Aviation Screening Procedures- One of the most important aspects of
aviation security is to prevent the introduction of firearms, weapons and other dangerous
devices into areas of the aircraft to which access may be gained during flight. In order to
achieve this, the inspection/screening of passengers and their cabin baggage by ASG
elements is mandatory. Inspection/screening of passenger, cabin baggage, cargos and the
aircraft may be carried out through the use of metal detectors, X-ray machines, and other
devices, by manual search or by a combination of both. The following are the standard
inspection/screening devices:

a. Walk-through (gate-type metal detector)- Used as a means of determining if passengers are

carrying metal on their persons. Sensitivity can be adjusted for alarms to be activated by
different amounts of metal. To ensure effectiveness, a calibration should be selected which is
sufficiently sensitive to detection of a firearm of a predetermined size. An alarm by the device
is an immediate cause for suspicion and increased alertness on the part of Aviation Security
Group (ASG) personnel assigned at the inspection/screening checkpoint. All passengers shall
be required to divest themselves of all metal items prior to walking through the “Gate”. A
passenger who causes the device to activate its alarm shall be subjected to additional
processing, such as manual search or search with a hand-held metal detector.

b. Hand-held metal detectors- also called scanners, these are used in determining the exact
location of metal on a person who had earlier passed through the “Gate” and triggered the
alarm.

c. X-Ray Device- this equipment provides a means of inspecting/screening baggage and other
articles by enabling the operators to actually see firearms or other dangerous devices.
However, if the X-ray operator can not accurately determine or identify the image viewed on
the monitor, a manual inspection must be conducted.

d. Frisking- this is the pat down inspection of the passenger’s body weapons, explosives or
other dangerous substances which maybe concealed. This is done through manual frisking or
with the use of hand-held metal detector.

Rule 24: INTERNAL SECURITY OPERATIONS

SEC. 1. General Mandate. The PNP is mandated by law to support the AFP in internal security
operations (ISO). However, the PNP shall play an active role in places were there are no AFP
troops available, or when the President so directs.

SEC. 2. The PNP in A Support Role. PNP units involved in ISO in support of

the AFP shall:

a. Conduct sustained law enforcement actions against dissident Terrorists’

(DTs) atrocities;

b. Collect intelligence information on DT activities;

c. Conduct limited ISO, of a defensive nature, to flush DTs out of urban areas. At all times, the
PNP units concerned shall coordinate with the AFP units in the area at the first opportunity.

d. Conduct investigation and prosecution of ISO-related cases.

SEC 3. The PNP in an Active Role.  In cases were there are no AFP units in the area or when
the President so directs, the PNP units concerned shall;

a.  Conduct search and destroy operations against DT strongholds and concentrations;
b. Conduct intelligence operations to neutralize guerilla safe houses in urban areas;

c. Conduct civil-military operations to dismantle the political machinery of the CPP/NPA in the
area.

SEC 4. Defensive Position. Police stations, especially those located in far-flung areas, are
favorite target to attacks. As such, security measures against DT atrocities must be undertaken
as follows;

a. Continuously remind all personnel to be extra careful and security conscious  in their day to
day activities and during troop movements;

b. Vigorously implement added security measures in all police stations and police kababayan
centers, particularly those situated in far-flung or isolated places which are vulnerable to
surprise attacks, raids or harassment by DTs;

c. Conduct continuous check and inspection of the operational readiness of your field
units/stations;

d. Always keep in mind the modus operandi, strategies and tactics being practiced/employed
by the DTs;

e. Refrain from injecting or deploying personnel/unit in insurgent-affected areas without first

conducting a thorough an sincere threat analysis or evaluation, including social background of
the areas;

f. Re-train or re-orient personnel on back to basics training on combat patrols, military/police

intelligence, Police Community Relations (PCR) and the like;

g. Intensify intelligence-gathering and counter-intelligence operations to monitor or detect

enemy plans and activities;

h. Intensify the conduct of covert and/or overt operations against DTs who are acting as
ordinary criminals/bandits and extortionist;

i. Enhance the establishment of Advance Security Control Points (ASCPs) to control the
ingress and egress of people in police stations; and

j. Exercise continuous vigilance and maintenance of law, order and public safety in respective
AOR through the conduct of intensified police visibility patrols.
 

Rule 25: BOMB THREAT AND BOMB INCIDENT EMERGENCY RESPONSE

PROCEDURES

SEC 1. First Responder’s Procedure on Bomb threat- The purpose of

this rule is to establish the duties and investigative responsibilities of mobile units responding
to bomb threats, and other suspected explosive devices.

a. Upon receipt of information.

1. Determine the exact location of the establishment under threat;

2. Instruct the security officer of the establishment to conduct a bomb search while proceeding
to the area.

3. Proceed immediately to the scene.

4. Alert Explosive Ordnance Demolition team (EODT) for bomb search mission for emergency
readiness before departure.

5. Notify higher Headquarters of development.

b. Upon arrival at the scene:

1. Confirm the reported bomb threat; notify EODT to conduct bomb sweep.

2. Cause a suspicious/suspected device search to be made by persons familiar to the location.

3. Unless a device is found, personnel may not order an evacuation of the affected area but
may inform the person in-charge of the property of the need to evacuate. Assist in evacuation
of personnel should it be necessary.

c. Do not touch, tamper with or disarm any suspected device, explosive or ordnance.

d. If a suspected device is located/found, cause the evacuation of at least 300 meters away,
and maintain security for the protection of  life and property.

e. Isolate the suspected device.

f. Report discovery of suspected device.

g. Do not permit radio transmission within the area.

h. Turn off all electricity and gas units within the premises/building.

i. Secure the area and prevent people from approaching.

j. Establish traffic control.

k. Summon ambulance and fire trucks to the scene.

l. Await the arrival of bomb disposal team (EODT).

m. Conduct immediate investigation if the threat/crisis is over.

n. Determine the following;

1. Name of person who received the call; date and time the call was made.

2. What were the exact words of person making the threats.

3. Reason for the threat.

4. Time and Duration of call.

5.  Voice characteristics of the caller:male or female; young, middle-age, or old;

tone;accent;etc.

6. identify of suspects, if known.

o. Assist in the conduct of investigation by responding units when requested to do so.

p. Report incident to higher Headquarters.

SEC 2. First Responder’s Procedure in Case of Actual Bomb Explosion-

a. Upon receipt of report;

1. Identify exact location of the incident.

2. Alert EOD teams and direct to proceed to the area.

3. Notify higher Headquarters and request assistance of medical personnel.

4. Proceed to the scene immediately

b. Upon arrival at the scene.

1. Cause immediate evacuation of the injured.

2. Direct occupants of building/establishment to evacuate the area. Maintain order and control
crowd.

c. Notify higher Headquarters of the situation.

d. Seal off location until EODT determines if a secondary device exists.

e. Conduct rescue operations at the scene when necessary.

f. Initiate immediate investigation if investigators have not yet arrived. Determine the following;

1. Time of detonation/explosion
2. Time call/bomb threat was received
3. Type of device
4. Other matters as in paragraph 1
g. Submit incident report immediately

h. Avoid issuing “Speculative” press releases or statements. It is the job of the unit
Commander or his designated spokesman.

Rule 26: COMPUTER CRIME INCIDENT RESPONSE PROCEDURE

SEC. 1 Computer Crime Response Defined- Computer Crime Response is the actual police
intervention in a computer crime incident where the acquisition of matters of evidentiary value
are traceable within the computer’s hardware and its network.

SEC 2. Do’s and Don’ts in Computer Crime Response-

a. When the computer is OFF at the time of arrival, do not turn it ON.

b. When it is ON, do not turn it OFF nor touch its mouse or keyboard.

c. If available, call for the Computer Incident Response Team (CIRT)

d. If CIRT is not available, the unplugging of the computer whether it is ON or OFF at the time
of unplugging should be done by pulling out the cable directly from the back of the Central
Processing Unit (CPU).
e. Each unplugged cable must be marked in the same marking corresponding to the socket
from where the cable was unplugged.

(Example: “Socket5” marked “A” and the “Cable End” also marked “A”) The computer should
be carefully handled and packed for transport to the police station.

f. Only a computer forensic expert should search for any evidence contained in the computer
hardware.

g. The computer hard disk should be duplicated by the forensic expert and the original should
be kept by the evidence custodian for future court presentation. Search and analysis shall be
undertaken using the imaged disk.