September 30, 2021
this country enjoys these rights
Today we have been taught about arrest, search
and seizure operations by Sir Pagatpat. He told
us, among other things that search and seizure,
will make you a full pledged agent, and that it is
the most fulfilling activity for an agent. It is an
activity where you will feel the rush. You will
feel the safety of your co-agents on the line;
unlike when in your in the comfort of your
office
Also, I have learned that there is a lot of
preparation involved before one can operate.
We have to do surveillance. Protocols, set of
standards; procedures or rules to follow;
rationale. And that any self-respecting
institution must have standards; otherwise, it
will be chaotic. The protocols are in place for
the safety of the agent and the accused or the
subject. That is the paramount consideration.
o You will avoid lawsuits
o In order to have successful
operation and prosecution of
cases (if it is properly done, the
evidence will be acceptable in
court)
o Having it uniform (procedures)
throughout the country
(regions); so that supervision
and control on the part of the
management will be much
easier, and agents will be
evaluated properly.
Here in the Bureau, you are
rated not only on the number
of cases you filed, but also all
the aspects or methods of
investigation.
2. Basic rights in our Constitution
o Even residents (foreigners) of
Section 1, Art III of the Constitution
o Due process. – hear first before
you condemn
o Agent must not be judgmental;
should not pre judge his case;
o Equal protection of the laws. –
treat all individuals in the same
manner under the same
conditions and circumstances
o Some of our progressive
brother would often invoke
these 2 protection clauses.
3. Right to be heard
o We issue subpoena, so that the
subject can present his
evidence
o If he wishes to invoke his
constitutional right to remain
silent; we have to respect his
right.
o We should not compel / force
our subject to divulge
information he has, when he
invokes his right to remain
silent.
o May appeal to the Department
of Justice for petition for review
4. Sec 2 Bill of Rights
o We want to have a lawful
search
 o No unreasonable search is
allowed
o There would only be a valid
search if there is a warrant
issued by a judge after he
determined probable cause
o As a person in authority, you
cannot just barge inside the
house or confiscate the
personal effects of somebody
o You cannot by your own
discretion enter into another’s
house, even if you are already
an agent.
o You have a badge, you have a
gun; not a license to enter
another’s property without
warrant.
o You cannot just barge inside
someone else’s premises
o 100 raging bulls; show your
badge
o Be careful. You have to respect
these very fundamental rights.
Becoming law enforcement
officers, does not clothe us the
right to barge in without the
o search warrant issued by the
court.
5. Illegally secured conversation. –
cannot be used; in fact, the recording
can be used as evidence against you.
o Privacy of communications and
correspondence shall be inviolable
6. Right to be informed of his right to be
silent; and the right to be informed such
rights
7. Right to competent and independent
counsel, preferably of his own choice
o Co-agent who is a lawyer is not
independent
o Classmate in the College of Law
is not an independent counsel
o Do not call for the PAO
o Call the IBP so they can send
someone to assist in the legal
service. – IBP is an independent
association of lawyers, and they
will qualify under this
requirement.
o These rights cannot be waived
unless in writing and in the
presence of the counsel
8. Custodial investigation
o Person suspected of committing
a crime is being investigated by
law enforcement agencies
9. Right to remain silent
o Subjects have certain rights;
and one is the right to remain
silent
o Not to give or sign any
statement, affidavit or any
paper; not to divulge any
information.
o Either with warrant or
warrantless arrest, you have to
recite this right (right to be
silent)
o Taking of photograph and
fingerprint are mechanical and
not incriminatory on the part of
 subject (name, age, date of
birth – data which are not
incriminatory on the part of
subject)
o These can be obtained or asked
from a subject
10. Give him time to choose his counsel
11. If the officer fails to inform the suspect
of this right (right to counsel), the
officer must say it.
12. Right against the use of torture, force,
13. We belong to a self-respecting
institution, we do not use these
methods
This is already punishable by law (Anti
toto
14. We do not do in the NBI the use of
force or torture to elicit information; we
can elicit information without resorting
to violence, intimidation; this is the
measure of the caliber of the agent.
Rule 113 - Arrest
1. Is the taking of a person into custody.
The temporary suppression of one’s
liberty. Once arrested you lose your
locomotion / mobility.
2. Kinds:
o With warrant of arrest
o Without warrant of arrest
3. Order issued by the court
4. Law enforcers usually perform
warrantless arrests
5. Warrantless arrest. –
o When in his presence, the
person to be arrested has
committed, is already
committing, or attempting to
commit an offence;
o When an offense has been
committed, and he has personal
knowledge of the facts
indicating that the person to be
arrested has committed it; and
(HOT PURSUIT OPERATION)
o When the person to be arrested
is a prisoner who has escaped
from a penal establishment
6. Exempted from arrest
o Foreign ambassadors and other
diplomatic officials together
with their domestics
o Members of the Legislature
accused of light offenses when
congress is in session.
o Arresto Mayor. – One month
and 1 day to 6 months
o When legislature is accused of
murder, he cannot invoke this
because the crime committed is
not a light offense
7. Practical Side o Arrest
8. The persons arrested shall not be
subject of any greater restraint than is
necessary or his detention.
9. 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.
10. No violence or unnecessary force shall
be used in making the arrest; or by his
 submission to the custody of the person
making the arrest.
11. Lady accompanied them to the office.
“Mam sa ayaw mo at gusto, dadalhin
ka talaga namin. Mas maganda
sumama ka, kung hindi bibitbitin ka
namin maiiskandalo ka lang.”
- Smart approach
12. Bring him to the nearest police station
or jail
o As a matter of practice, we also
coordinate with the police
where operation is to be
conducted.
o Simultaneous coordination
o We bring the subject directly to
the NBI office
13. Execution of Warrant
o Execute the warrant within 10
days
o Make a report to the judge
within 10 days after the
expiration of such period.
o In case of failure to execute the
dame, state the reasons
therefor
o Attach the booking sheet and
the report.
o Make a return to the court
within 10 days after expiration
regardless if it had been served
or not.
14. Be careful, write PNP. Sometimes
subject is already arrested by the PNP.
Before you prepare a return, ask the
police station, if they acted on a
particular warrant, to know if the PNP
was able to arrest the person you are
tasked to arrest – to know if such
person is already arrested or still at
large.
Be careful with your return to the court.
Use of Body Worn Cameras
1. News resolution issued by the SC
2. Before we are free to serve warrants of
arrest without any body worn cameras
3. Stringent requirement was a result of
the many controversies in the PNP.
This is the contribution of the PNP.
4. In the course of the service of warrant
of arrest, we are required to use BWC,
otherwise there will be legal
implications.
5. It is a Supreme Court resolution
6. Contribution of PNP made our life
harder.
7. Warrant of arrest. – while arrest may
be held legal, the law enforcement
officer will be held liable for contempt
8. Failure to timely file affidavit will expose
LEO to contempt of court.
Other warrantless arrest
1. Arrest of undesirable aliens only in
coordination of the BUREAU of
IMMIGRATION. We do not do it alone.
Always in coordination with the Bureau
of Immigration.
2. Arrest as a consequence of warrantless
search of an aircraft, ship or any other
moving vehicle
3. Arrest as a consequence of a search
turned positive.

SEARCH WARRANT
1. Order in writing issued in the name of
the PP, signed by a judge, …
2. Where to apply. – any court within
whose territorial jurisdiction a crime
was committed.
3. For compelling reasons stated in the
application, any court within the judicial
region where the crime was committed
inf the place of the commission of the
crime is known, or any court within the
Judicial Region where the warrant shall
be enforced
4. If the criminal action has already been
filed, the application shall only be made
in the court where the criminal action is
pending.
5. EN bank Res 99-10-09 SC (January 25,
2000)
o Heinous crimes
o Dangerous drugs
o Illegal gambling
o Illegal possession of Firearms
No more executive judge (Manila or QC)
can issue this. This was revoked already.
You have to file it in the courts having
jurisdiction.
Operations are somehow affected.
6. Make the operation nationwide,
executive judge in Manila approved
search warrant. Now this cannot be
done.
Service of Search warrants
simultaneously all over the country.
This cannot be done now. You have to
go the respective regional trial courts.
The possibility of leakage is very high.
Court employees and law enforcers can
leak information.
So now we apply where the specific
RTC’s are located.
Hope we can revert back to the
previous resolution allowing 2 courts to
issue search warrants all over the
Philippines.
Regional Director
1. If search warrant to be served is
outside the jurisdiction of regional
office, regional director cannot approve
that.
He will request from Director for
Regional Operations authority to apply
for it.
DROS will issue document authorizing
regional office to apply search warrant
outside its jurisdiction.
2. The warrant may cover: (1) the subject
of the offense, (2) proceeds or fruit of
the offense, or (3) property used or
intended to be used in the commission
of the offense.
3. ____
o Sworn application (prepared by
agent on case)
o Deposition of Witness of
Application (statement of your
witness in the application for
search warrant; people who
 have personal knowledge of: (1)
the items subject of the search
warrant; (2) where the items
are placed or kept; or (3) of the
crime committed
o Search warrant. – searching
question. There can be no
search warrant without the
personal appearance of the
agent or his witness or
witnesses.
4. Illegal online cock fight. – cockpit
arena. Agents were required to
personally appear before a judge in a
question and answer proceeding. Not
through zoom. It was face to face.
With this kind of procedure, it is not
only what you say to the judge, but also
your demeanor. Convince the judge
that you have actual knowledge about
what you are going to seize.
5. Things to remember in applying for
search warrant
o Must be a law enforcer. –
private individual cannot apply
for a search officer. It (search
warrant) is addressed to a
peace officer, not civilian
o Agent need to present
authorization from Regional
Director or Service Director that
they are authorized to apply for
search warrant.
Necessary authorization from
the RD or SD concerned.
In Manila it is the SD that
authorizes the agent to apply
for search warrant.
In provinces, it is RD
If it is outside the AOR of the
region, then authority must be
secured from the SD (Service
Director) Regional Operations
Service
o Sworn Application. – it is an
under-oath application.
Subscribed and has to be
prepared in several copies.
o W must be very clear in specific
law that was violated
o Separate application for search
warrant: one for illegal drugs,
and one for illegal guns.
It cannot be general in nature,
otherwise it will be invalidated.
One separate application for
every violation.
6. Outside AOR (area of responsibility),
agents have to secure authority from
the SD (Service Director) to apply for a
warrant.
7. Reminders
o Deposition of the witness must
be in writing
o If you think one witness is not
enough, produce more witness
and bring them to court
o Exact location of the place to be
searched must be determined
 by photographed or sketches. –
for courts to have better
appreciation of the place to be
searched
o Deponent must be present in
court together with the
applicant.
o The place to be searched must
be sufficiently identified.
8. Agent can become RTC Judge in CEBU
9. No amount of questioning can make
you falter if you have personal
knowledge of the item to be seized
10. Items obtained in test buy should be
brought to court including certifications
from government licensing agencies
o Test buy, with certification from
government agencies
o Selling an illegal firearm is
How to Testify in Court
already a crime. So, suspect
should have been arrested
already during that test buy.
Prior verification with PNP
divulged that it had no license.
It was reserved as evidence,
and agent decided to secure
warrant first so that other
firearms can be seized.
o in the eyes while answering his
11. The name of subjects / owner of the
property to be searched must be
determined
o Actual possessor or occupant of
the property or place to be
searched. Apply warrant against
the actual occupants of the
property and/or owner.
Just establish later on that
owner is aware of the activity of
the person in actual possession
or occupancy of the place.
12. Background record check of subject
should be made.
o Sometimes subject already has
a standing warrant of arrest; if
that is the case, you can serve it
to the subject, and in plain
view, you can confiscate
prohibited item in the area.
o Now you can go to court and
apply for search warrant.
Because this time you are more
prepared because you had been
in that place.
1. Look dignified and respectable law
enforcer
2. Documents must be properly arranged
and in folders. (You must be ready with
your records by the time you are there)
3. Approach the BCC politely and
introduce yourself and your purpose, do
not go directly to the Judge. Be
respectful
4. Address the Judge as “Your Honor”
5. Never raise your voice and look at him
question.
6. Deponent / witness must be properly
and thoroughly briefed about his
testimony and must appear neat and
properly attired in court.
7. Make sure you know the facts by heart,
especially material particulars like
address, date of incidents, names of
 persons and their circumstances,
descriptions of houses to be searched
and articles or things to be seized.
o Be sure to have your personal
inspection of the place to be
searched (personal view or
surveillance) – general area
o
8. Testify on facts only, never on law ,
since the judge is presumed to know
the law, unless the judge himself ask
you to explain to him the exact
provisions of law violated
9. Be sure that your testimony will at least
prove the existence of probable cause.
10. Politely thank the judge and he clerk of
court whether your application is
granted or denied.
Conduct of Operation
(Choronology of events in an operation to
search and seizure
1. Case Assignment
o Never entertain a surveillance
or application for search
warrant without case
assignment. You will be
administratively liable for taking
cognizance of a case, without it
being assigned
o Written order from your
immediate chief > case
assignment
o Without case assignment, you
are not supposed to act on it.
o In emergency situations, you
can act on it, but when you go
back, secure the proper case
assignment.
o Don’t serve the warrant of
arrest without a case
assignment. Especially when
subject is known to you.
Complainant is also his relative.
2. Verification of confidential information
3. Preparing the raiding team and
equipment
o Depends on: area
o Conditions
o Number of men
4. Application for search warrant
5. Submit Pre-operation report to OPCEN
and ODDROS
o Before launching an operation
(warrantless arrest, or service
of search warrant) submit a
report to aforesaid offices
naming the participating agents
o Always furnish copy of pre
operation report to (1) ODDROS
and (2) OPCEN; otherwise, it
will be a basis of
administratively charged. If
there are issues in the
operation, it will redound to the
submission of the pre operation
report. This is mandatory.
6. Briefing of Team Member
o Clear, simple and to the point.
o Show the sketch, show the
pictures > familiarization
(location and subject)
o Glance of the search warrant >
o Creation of sub teams among
the team members [(1)
perimeter; (2) inventory, (3)
 coordination with the PNP, 4.
safeguarding of evidence and
vehicle, 5. Assault team)
o “may aso ba yan”
o “subject is hardened criminal or
what”
o Always expect for the worst
o Preparation must always be
“prepare for the worst
o You cannot relax
o Give specific roles or
assignments for each agent
7. Raid
o Only agents and special agents
can join raids. Others like
Confidential agents, should not
actively participate. Only agents
are sworn to perform this task.
CA are relegated to the task of
guarding our vehicles,
safeguarding our equipment,
they should not be participating
in the: [(1) perimeter; (2)
inventory, (3) coordination with
the PNP, 4. safeguarding of
evidence and vehicle, 5. Assault
team)
o You should not be tempted to
allow assets to actively join you
in the raid. That will affect the
integrity of the evidence.
o If defense is able to document
that a civilian was able to
recover a particular evidence,
such evidence will be
inadmissible. It is violating
certain rules in the Bureau and
the order of the Court.
o Search warrant is addressed to
a peace officer, not a civilian. So
only them can be applicants for
search warrant.
Usual Composition of the Raiding Team
1. Team Leader. – he calls the shots and
coordinate actions
o Most of the time it is the AOC.
But there are times that AOC is
not the Team Leader (A more
senior agent takes the lead)
o He is on top of the situation
2. Assistant Team Leader / Assault Team
o Team Leader cannot be (not
advisable to be) the Team
Leader of the Assault Team
3. Searching Member/s, not all team
members should be allowed to search
to avoid embarrassing consequences
o Chaotic implementation of the
search warrant if the search
members are also the assault
team
o It becomes a questionable
search plus exposure to counter
actions from criminal elements
o Perimeter must be checked
o Vehicles must be secured
o Members of searching teams
must be identified
o If there are issues about lost or
broken items, then the
searching team can answer.
Resolution is fast. To have a
safe stance, we must have a
search team, they are the ones
authorized to search.
4. Inventory Member
o Prepares the list of items seized
o Specific, numbers, etc
o Provide a copy of your
inventory to your subject
o Secure his signature as proof
that he received his copy
o See to it that he is signing there
as to have receive the items (he
 was furnish copy of inventory,
never as a witness to the
proceeding of the raid)
o Include Certification that the
raid was conducted in a legal
manner
o No other items taken other that
those listed.
5. Support group, includes perimeter
o Someone who will coordinate
with the police
o Notification is timed to avoid
leakage and achieve complete
surprise. Without such
notification, responding local
police authorities may engage
the raiding team in a mistaken
encounter because the raiding
team was mistaken for robbery
or kidnap gang.
o Not only verbal notification but
a written notification addressed
to the police that we will be
conducting operation in their
area. It is already prepared in
advance
o We give general description of
the area: Ermita, Manila (not
exact address)
o We provide them the plate
number of govt vehicles (your
discretion) – except drugs, we
give it to PDEA plus the names
of participating agents; but for
other operations: baril, etc, we
do not do it.
o Presence and participation of
official photographer
What documents and equipment to take
along:
1. Search warrant. – bring the original
search warrant OR a copy thereof
o It is your proof (to the subject
and barangay officials) that you
have duly informed your
subject of the due execution of
the search warrant by the Court
o It is part of the job of the
barangay officials that they
have to witness the service of
the search warrant
2. NBI caps and jackets
o We do this because we are not
like PNP and other LEOs who
have uniforms
o Immediate identification of the
public and other law
enforcement officers, and
friendly officers
o Prevent fire encounters with
co-law enforcement officers
3. Stationeries like inventory-certification
forms, or at least bond papers and
carbon papers on which to write
inventory of articles seized and ball
pens.
o Simple but don’t forget them
4. Vehicles
o Enough not only to carry person
but things seized, and to
transport raiding team and
person arrested. In a clash, they
whisk away casualties.
o You cannot afford to look for
vehicle from the scene when
you are about to fall off from
the area
o You may be needing buses.
o The more vehicles you bring,
the better. It discourages
 counter action. The ability to
maneuver and respond back is
very limited.
5. Radio transceivers
o No substitute for this. The
capability of it cannot be
underestimated. In an
operation scenario, the team
leader can direct simultaneous
direction to the entire team
(sub-teams). His message can
be heard simultaneously by the
members. The instruction is
very clear and timely to all
members of the team.
6. Handcuffs. – most effective to restrain
subject.
o Used when subject resist,
become violent, or attempte to
escape
o Use the Bureau’s authorized
handcuffs
o You can use 1 handcuff for 2
subjects
o Your safety is more assured
when subjects are in hand cuffs.
The chance of escaping is very
remote
7. Firearms
o Side arms are standard
equipment
o One side arm (glock 40; one
galeal 5.56 cliber
o Bring short and long service
firearm during the service of
search warrant. Purpose is
psychological impact to your
subject
o If they see LEO carrying
superior firearm and superior
number, they will not resist
o Light machine gun, Sniper rifle
8. Others’ bullhorn, axe, bolt cutter
o Through surveillance, you
would be able to know the
special equipment that you will
need at the time of operation.
o Modern arial drone; law
enforcement drone. It has a
capability to traverse 5 Km
distance; lt can take pictures;
can zoom in and identify plate
numbers at a distance of 1Km;
we have stock in the regional
operations; purpose is for
surveillance where issue of
safety and security of agents is
unwise that to introduce human
body in the area is not safe, we
will have to use the drone. It is
already called an aircraft; and it
is insured. Costs a million
o Thermal camera would be
attached to the drone to
determine presence of human
persons in the area.
o Night vision goggles
9. Body worn camera. –
o Absence will not invalidate the
arrest but will subject
implementing agent to
contempt of court.
o State the availability or non-
availability of the body worn
camera right from the start of
application of search warrant
o Request for authority to use an
ARD in the absence of BWC, at
the inception

o Evidence obtained shall be
inadmissible if search was not
accompanied by a BWC or ARD
o Wag lumusob pag walang
camera
o In addition to contempt of
court, implementing a search
warrant without BWC will make
the LEO administratively, civilly
and criminally liable
o Will not render the arrest
illegal, but fruits of incidental
search cannot be used since
there was no BWC
10. Search only the place as directed, and
seize only things mentioned in search
warrant
11. Search only in the presence of lawful
occupant, or a member of his family, or
in their absence, in the presence of two
witnesses of sufficient age and
discretion residing in same locality.
In NBI, we always request the presence
of barangay officials, for our protection
and security. They will be testifying in
our favor if we have peacefully
implemented the search warrant in
their locality
12. Conduct search at daytime, unless the
warrant allows nighttime search.
o Most judges indicate anytime of
day and night
DRUGS
13. Regional Director of the NCR
14. Issue or leave a detailed receipt for
things seized
o Furnish occupants of our
inventory sheet; as witnessed
by the barangay officials; have it
received by them (occupants,
owners); have them sign the
copies; their signature not to be
used as an admission that these
are the things seized because
that would be violative of the
right against self-incrimination;
just that they were furnished
copies of inventories
15. Avoid unnecessary severity in
executing the warrant (search or
otherwise). Avoid breaking doors and
glass. If you are not allowed entry, you
can break in.
o Cannot immediately be loaded,
since forest product. You can
allow subject to call his lawyer
o Lawyer on loud speaker mode
o We have a search warrant
issued by the Court,
o Pag pinagbawalan na i-
implement ang search warrant
ng lawyer ni subject, pati lawyer
bibitbitin – obstruction of
justice
o Drugs – di pede humaba ang
dayalogo; because subject will
be destroying the item to be
seized
o TEAM – catcher
o Still part of the evidence
16. Composition of raiding team: 1 is to 6
ratio; the more subjects, the more
agents
1. Witnesses’ presence at the conduct of
inventory only
o Immediately after seizure and
confiscation
 2. In firearms, it does not require the
presence of media or elected officials. It
is only in drug case that the presence of
the required witnesses must be
complied.
3. If during the service of the search
warrant, there is no need to conduct
the inventory in the place of arrest. You
would have to bring the evidence in the
office and have your inventory in the
office. Not in the place where seizure
and confiscation took place.
When there is strong resistance and
firefight between LEO and subjects. It is
but normal that you have to assure the
safety of your men before complying
with the rules.
EXEMPTION
4. CONSENTED SEARCH. – even if there is
no search warrant.
o Valid search
5. Incident to a lawful arrest. –
6. Arrest as a prelude to the
7. Life of a search warrant is only 10 days
from issuance.
o Exclude the first day, include
the last day
o Issued on Monday, first day is
Tuesday then count to 10
8. Violation of Domicile
9. In the presence of lawful occupant or
member of his family or at least two
competent witnesses; rationale
o Prevent allegations that
evidence were planted (frame –
up)
o To lead searching team away
from temptation. Human
nature is frail enough
ARREST YIELDED POSITIVE RESULT
1. Arrest of guilty persons found in
premises when search yields positive
result
o Mr. Haw, you are under arrest,
we are informing you that you
have the rights _______
2. Return to office / headquarters with
things seized and persons arrested
3. Submit a post operational report to
OPCEN and ODDROS
4. Technical Verification of Things Seized
o REGIONAL OPERATION SERVICE
o Submit to laboratory
o Firearm: make a verification
first if licensed; and if licensed,
to whom it is licensed
o It is possible that the firearm is
licensed to somebody else
o Passport: check with DFA if they
issued it
o Philippine money: request for
certification from BSP if these
are counterfeit
o If cellphone: subject to digital
forensic laboratory for
examination
o Vehicle: check with LTO;
carnapped, registered, etc
 o Vessel: check with MARINA
o AIRCRAFT: check it with CAAP;
hi jacked, etc
Rules, standards,
5. TURN OVER / SAFEKEEPING of things
seized

6. Photograph subject, fingerprint,

medical examination (assured of the
medical condition of the subject when
you brought him to the office), record
check

7. Interview / Interrogation of suspects

o Basic rule is to warn them of
their constitutional rights, and
to give them a lawyer
o Subject pag di pa
mahimamasmasan, kwento ng
kwento yan, take advantage of
it. He will tell you that he is
willing to cooperate, just for
him to be freed. But respect his
rights.
o Constitutional rights

8. Inquest
o Affidavit of arrest

9. Preventive detention
10. Return of Search Warrant
o Inform the court what
happened to the service of
search warrant
o Prayer that we be allowed to
take custody of the item seized
with the commitment that it
will be produced before the
court once it is required by the
Court.
o Judges appreciate an early
return
o

11. Preparation of case report