UNIVERSITY OF CAGAYAN VALLEY

New Site Campus Tuguegarao City,Cagayan

SCHOOL OF CRIMINOLOGY

LAW ENFORCEMENT OPERATION, POLICE PLANNING AND CRIME MAPPING

INTRODUCTION

Law enforcement operations deals with what officers in the field do as they “serve and
protect”. To fulfill their responsibilities, law enforcement officers have been given great power,
power entrusted to them by the people they serve and defined by the laws of the land, state and
municipality.

This topic presents an overview of police operations starting with the context in which
those services are provided. The society served, the laws it has enacted, the individuals
entering law enforcement and the police organization itself have undergone great changes in
the past decade-today’s law enforcement uses mission statements, value statements, goals,
objectives, policies, procedures and regulations to provide a basic structure within which
officers normally function. Since law enforcement deals with such diverse problems, officers
also must expect to use discretion while safeguarding citizens’ constitutional rights.

Law enforcements demands that its officers be multifaceted and well rounded, officers
must understand the complex communication process and the barriers that often exist within
the process itself and within our diverse society. Officers must be skilled in making field
inquiries, interviewing and interrogating, and they must know how to do so while protecting
the constitutional rights of the victims, suspects and witnesses. Further, officers must record
the information they have obtained in effective, reader-friendly reports, and they must know
how to use the various records available. Finally, officers need several profession-specific skills.
They must understand and become skilled at conducting stop and frisks, making arrests,
conducting searchers and participating in undercover operations, all without violating anyone’s
constitutional rights.

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 the 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 death penalty be imposed, unless, for compelling reasons
involving heinous crimes, the Congress hereafter provides for it. Any death penalty already
imposed shall be reduced to reclusion perpetua.
(2) The employment of physical, psychological, or degrading punishment against any prisoner
or detainee or the use of substandard or inadequate penal facilities under subhuman
conditions shall be dealt with by law.

Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.

Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If an
act is punished by a law and an ordinance, conviction or acquittal under either shall constitute
a bar to another prosecution for the same act.

Section 22. No ex post facto law or bill of attainder shall be enacted.

REPUBLIC ACT No. 7438

AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR UNDER

CUSTODIAL INVESTIGATION AS WELL AS THE DUTIES OF THE ARRESTING,
DETAINING, AND INVESTIGATING OFFICERS, AND PROVIDING PENALTIES FOR VIOLATIONS
THEREOF.

SEC. 2. Rights of Persons Arrested, Detained, or under Custodial Investigation;

Duties of Public Officers.

a) Any person arrested, detained or under custodial investigation shall

At all times be assisted by counsel.

b) Any public officer or employee, or anyone acting under his order or in his place, who
arrests, detains or investigates any person for the commission of an offense shall inform the
latter, in a language known to and understood by him, of his rights to remain silent and to
have competent and independent counsel, preferably of his own choice, who shall at all times
be allowed to confer privately with the person arrested, detained or under custodial
investigation. If such person cannot afford the services of his own counsel, he must be provided
with a competent and independent counsel by the investigating officer.

c) The custodial investigation report shall be reduced to writing by the investigating officer,
provided that before such report is signed, or thumb marked if the person arrested or detained
does not know how to read and write, it shall be read and adequately explained to him by
his counsel or by the assisting counsel provided by the investigating officer in the language
or dialect known to such arrested or detained person, otherwise, such investigation report
shall be null and void and of no effect whatsoever.

d) Any extrajudicial confession made by a person arrested, detained or under custodial

investigation shall be in writing and signed by such person in the presence of his counsel or in
the latter's absence, upon a valid waiver, and in the presence of any of the parents, elder
brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school
supervisor, or priest or minister of the gospel as chosen by him; otherwise, such extrajudicial
confession shall be inadmissible as evidence in any proceeding.

e) Any waiver by a person arrested or detained under the provisions of Article 125 of the
Revised Penal Code, or under custodial investigation, shall be in writing and signed by such
person in the presence of his counsel; otherwise such waiver shall be null and void and of no
effect.

f) Any person arrested or detained or under custodial investigation shall be allowed visits by or
conferences with any member of his immediate family, or any medical doctor of priest or
religious minister chosen by him or by any member of his immediate family or by his counsel,
or by any national non-government organization duly accredited by the Commission on Human
Rights or by any international non-governmental organization duly accredited by the Office of
the President. The person's "immediate family" shall include his or her spouse, fiance or
fiancee, parent or child, brother or sister, grandparent or grandchild, uncle or aunt, nephew
or neice, and guardian or ward. As used in this Act, "custodial investigation" shall include
the practice of issuing an "invitation" to a person who is investigated in connection with an
offense he is suspected to have committed, without prejudice to the liability of the "inviting"
officer for any violation of law.
SEC. 3. Assisting Counsel. - Assisting counsel is any lawyer, except those directly affected by
the case, those charged with conducting preliminary investigation or those charged with the
prosecution of crimes. The assisting counsel other than the government lawyers shall be
entitled to the following fees:

a) The amount of One hundred fifty pesos (PI50.00) if the suspected person is
chargeable with light felonies,

b) The amount of Two hundred fifty pesos (P250.00) if the suspected person is
chargeable with less grave or grave felonies;

c) The amount of Three hundred fifty pesos (P350.00) if the suspect is chargeable
with a capital offense.

The fee for the assisting counsel shall be paid by the city or municipality where the
custodial investigation is conducted, provided that if the municipality or city cannot pay
such fee, the province comprising such municipality or city shall pay the fee:

Provided, That the Municipal or City Treasurer must certify that no funds are available
to pay the fees of assisting counsel before the province pays said fees. In the absence
of any lawyer, no custodial investigation shall be conducted and the suspected person can only
be detained by the investigating officer in accordance with the provision of Article 125 of the
Revised Penal Code.

SEC. 4. Penalty Clause. –

a) Any arresting public officer or employee, or any investigating officer, who fails to inform
any person arrested, detained or under custodial investigation of his right to remain silent
and to have competent and independent counsel preferably of his own choice, shall suffer a
fine of Six thousand pesos (P6,000.00) or a penalty of imprisonment of not less than eight
(8) years but not more than ten (10) years, or both. The penalty of perpetual absolute
disqualification shall also be imposed upon the investigating officer who has been previously
convicted of a similar offense. The same penalties shall be imposed upon a public
officer or employee, or anyone acting upon orders of such investigating officer or in his place,
who fails to provide a competent and independent counsel to a person arrested, detained or
under custodial investigation for the commission of an offense if the latter cannot afford
the services of his own counsel.
b) Any person who obstructs, prevents or prohibits any lawyer, any member of the
immediate family of a person arrested, detained or under custodial investigation, or any
medical doctor or priest or religious minister chosen by him or any member of his immediate
family or by his counsel, from visiting and conferring privately with him, or from examining
and treating him, or from ministering to his spiritual needs, at any hour of the day or, in
urgent cases, of the night shall suffer the penalty of imprisonment of not less than four (4)
years, and a fine of Four thousand pesos (P4,000.00).

The provisions of the above Section notwithstanding, any security officer with
custodial responsibility over any detainee or prisoner may undertake such reasonable
measures as may be necessary to secure his safety and prevent his escape.

SEC. 5. Repealing Clause. - Republic Act No. 857, as amended, is hereby repealed. Other laws,
presidential decrees, executive orders or rules and regulations, or parts thereof inconsistent
with the provisions of this Act are repealed or modified accordingly.

SEC. 6. Effectivity - This Act shall take effect fifteen (15) days following its publication in the
Official Gazette or in any daily newspaper of general circulation in the Philippines.

Rule 15. CUSTODIAL INVESTIGATION

(PHILIPPINE NATIONAL POLICE MANUAL MARCH 2010)

What is investigation?

- The word Investigation came from the Latin Word "investigo" or "investigatum"
which means to search or to look for.
-

WHAT IS CUSTODIAL INVESTIGATION?

it is the term to denote the investigation conducted by the investigator on the suspect
who is under police custody. This is the stage of the investigation where there is strict
observance of the Miranda Doctrine.

MIRANDA RIGHTS
MIRANDA RIGHTS originated from the American jurisprudence. Mr. Ernesto Miranda, a Latino
was accused of KIDNAPPING and RAPE in the State of Arizona. The Arizona Police interrogated
Mr. Miranda exhaustedly leading to his confession.

Based on his confession, he was charged, tried and convicted. Appeal of his conviction was
made before the Arizona Supreme Court but his conviction was affirmed. The appeal was then
elevated to the US Supreme Court where there was a reversal of the decision and he was
acquitted on Constitutional grounds.

It was in this case, entitled Miranda vs. Arizona (Ernesto Miranda versus State of Arizona, USA)
that the US Supreme Court laid down the constitutional rights of the accused during the
custodial interrogation. It was incorporated in our 1973 Constitution and later in the 1987
Constitution of the Philippines. This is known as the Miranda Rule, Doctrine, or Warning.

THE RIGHTS OF THE ACCUSED DURING CUSTODIAL INVESTIGATION

a. Right to remain silent.

b. Right to counsel of his own choice and if he has none, the government must provide
one for him;

c. Right to be informed of the nature of the accusation.

These rights COULD BE VALIDLY WAIVED IN WRITING AND WITH THE ASSISTANCE
OF COUNSEL in order that the ensuing confession be admissible in evidence. The confession
must also be in writing, signed and sworn to by the accused.

SECTION 1. Duties of the Police During Custodial Investigation

a. The arresting officer, or the investigator, as the case may be, shall ensure that a
person arrested, detained or under custodial investigation shall, at all times, be assisted by
counsel, preferably of his own choice;
 b. The arresting officer, or the investigator, as the case may be, must inform the
person arrested, detained or under custodial investigation of the following rights under the
Miranda Doctrine in a language or dialect known to and understood by him:

1) That he has the right to remain silent;

2) That if he waives his right to remain silent, anything he says can be used in evidence
against him in court;

3) That he has the right to counsel of his own choice; and

4) That, if he cannot afford one, he shall be provided with an independent and

competent counsel; and

5) That he has the right to be informed of such rights.

c. If the person arrested, detained, or under custodial investigation opted to give a

sworn statement, the arresting officer, or the investigator, as the case may be, must reduce
it in writing (Form “C” - Annexes);

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

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

1) In writing;

2) Signed by such person in the presence of his counsel; or

3) In the latter’s absence, upon a valid waiver, and in the presence of any of the parents,
elder brothers and sisters, his spouse, the municipal mayor, the municipal judge, district
school supervisor, priest, imam or religious minister chosen by him.

Failure of the arresting officer, or the investigator, to observe the above-mentioned procedures
shall render the extrajudicial confession inadmissible as evidence in any proceeding;

f. The arresting officer, or the investigator, as the case may be, must, under established
regulations, allow the person arrested, detained, or under custodial investigation visits by or
conferences with any member of his immediate family, any medical doctor, priest, imam or
religious minister chosen by him or by any member of his immediate family or by his counsel,
or by any local Non-Governmental Organization (NGO)duly accredited by the Commission on
Human Rights (CHR) or by any international NGO duly accredited by the Office of the
President. His “immediate family” shall include his spouse, parent or child, brother or sister,
grandparent or grandchild, uncle or aunt, nephew or niece, and guardian or ward; and

g. After interrogation, person under custodial investigation shall have the right to be
informed of his right to demand physical examination by an independent and competent doctor
of his own choice. If he cannot afford the services of a doctor of his own choice, he shall be
provided by the State with a competent and independent doctor to conduct physical
examination. If the person arrested is female, she shall be attended to preferably by a female
doctor.

The physical examination of the person under custodial investigation shall be contained in a
medical report, which shall be attached to the custodial investigation report.

ARREST, SEARCH AND SEIZURE

The term “arrest” came from the Latin word “arrestare” which means “cause to stop” and
“restare” which means “stay behind”. These terms were used as early as during the 14th
century.

On the other hand, the word search was derived from the Anglo-Norman word “searcher,” Old
French cerchier which means “to explore,” Latin word “circare" which means “go around in
circles.”

TERMS TO UNDERSTAND:

1. Warrant of Arrest is

- an order in writing issued in the name of the

 People of the Philippines;

- signed by a judge;

- directed to a peace officer, commanding him to arrest the person designated

and take him into custody of the law in order that he may be bound to answer for the
commission of an offense.

2. Warrant Officer is any authorized member from the law enforcement agency usually from
the Philippine National Police (PNP) or National Bureau of Investigation (NBI) who holds a
warrant for execution within 10 days from receipt subject to renewal in case of failure to
execute the same

3. Alias Warrant refers to the warrant of arrest issued by a judge to the peace officer after
returning the original warrant of arrest after the lapse of the 10-day validity period.

4. Search Warrant is another order in writing issued in the name of the People of the
Philippines, signed by the judge and directed to a peace officer commanding him to search for
personal property and bring it before the court.

5. Richard Doe/ John (Jane) Doe Warrant is a warrant containing no specific person to be
arrested but only descriptions based from the testimonies of the victim/s or the witnesses/es.
It contains the physical description of the accused as well as other factors to be considered for
the identification of the accused (Sadili & Pena, 1998).

6. Arrest is the actual taking of a person or persons into custody by an authority in order that
he/they may be bound to answer for the commission of an offense.

7. Search is the act of examining documents, papers and effects.

8. Complaint is a sworn written statement charging a person or a group of persons of an

offense that is subscribed by the offended party such as the victim/s of the offense committed,
or any other peace officer charged with the enforcement of the law violated.

9. Information is an accusation in writing charging a person or a group of persons of an

offense that is subscribed by the prosecutor or fiscal. It is substantiated on oath and includes
the name of the party, the offense committed, facts of the offense and other factors relevant.
(Curton,1989.

OTHER INSTANCES WHEREIN OTHER OFFICERS MAY ISSUE WARRANT OF ARREST

In Morano vs. Vido, it was held that warrant of arrest may be issued by administrative
authorities like the President of the Philippines and the Commissioner of the Bureau of
Immigration and Deportation only for the purpose of carrying out a final finding of a violation of
law like an order of deportation or an order of contempt, and not for the sole purpose of
investigation or prosecution.

However, warrant of arrest issued by the BID for purposes of investigation is null and void for
being unconstitutional (BOC-CID vs. Judge de la Rosa).

Below are the properties that are subject to seizure:

1. Subject of the offense;

2. Stolen or embezzled properties;

3. Proceeds or fruits of the offense; and

4. Property used or intended to be used as means for the commission of an offense.

INSTANCES OF WARRANTLESS ARREST

1. When, in his (peace officer) presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense.

In people vs. Sucro, it was held that when a police officer sees the offense, although at a
distance, or hears the disturbance created thereby, and proceeds at once to the scene thereof,
he may effect an arrest without a warrant. The offense is deemed committed in the presence or
within the view of the officer.

2. When an offense has just been committed and he (peace officer) has probable cause to
believe based on personal knowledge of facts or circumstances that the person to be arrested
has committed it.

Cases: In Go vs. Maguan, six days after the shooting, as petitioner presented before the
San Juan Police Station to verify news reports that he is being hunted, the police detained him
because an eyewitness had positively identified him as the gunman who shot Maguan. The SC
held that there was no valid arrest; it cannot be considered as within the meaning of the
offense had just been committed in as much as six days had already elapsed; neither did the
policeman have personal knowledge of facts that Go shot Maguan.

3. When the person to be arrested is an escapee from jail.

Those who has escaped from a penal establishment or place where he is serving final
judgment or is temporarily confined while his case is pending, or has escaped while being
transferred from one confinement to another may be arrested by any peace officer or private
person without warrant.

4. When the right is validly waived. This is when the person arrested consented to the arrest,
despite of no warrant showed, the person is willing to be taken into custody.

Cases: In People vs. Dural, the illegality of the arrest is cured when the accused files a
petition for bail. Appellant is estopped from questioning the illegality of his arrest when he
voluntarily submitted himself to the jurisdiction of the court by entering a plea of not guilty
and by participating in the trial. (People vs. Lopez).