Professional Documents
Culture Documents
LEA4
LEA4
• Law Enforcement - is the activity of some members of government who act in an organized
manner to enforce the law by discovering, deterring, rehabilitating, or punishing people who
violate the rules and norms governing that society. The term encompasses police, courts,
and corrections.
o a law enforcement officer a person such as a police officer, whose job is to
enforce the law
o a law enforcement agency an organization responsible for making sure people
follow the law
• Police – is a branch of the criminal justice system that has the specific responsibility of
maintaining law and order and combating crime within the society.
• Police Operations - Police operations are defined as the job duties, responsibilities, and
activities that law enforcement agents complete in the field.
• Patrol - keep watch over (an area) by regularly walking or travelling around it. Patrol is often
called the “backbone” of the police department, and for good reason. Patrol consumes most
of the average police department’s resources.
• Police Operational Planning - the act of determining policies and guidelines for police
activities and operations and providing controls and safeguards for such activities and
operations in the department. Involves strategies or tactics, procedures, policies or
guidelines.
• Operational Planning - the use of rational design or patten for all departmental
undertakings rather than relying on chance in an operational environment. The preparation
and development of procedures and techniques in accomplishing each of the primary tasks
and functions of an organization.
• Planning - the determination in advance of how the objectives of the organization will be
attained; involves the determination of a course of action to take in performing a particular
function or activity. The process of developing methods or procedures or an arrangement of
parts intended to facilitate the accomplishment of a definite objective. The process of
deciding in advance what is to be done and how it is to be done.
• Tactics - are specific design, method or a course of action to attain a particular objective in
consonance with strategy.
• case operational plan (COPLAN) - a definite target - specific activity conducted in relation
to an intelligence project under which it is affected. Several case operations may fall under
one intelligence project.- refers to a preparatory plan on how to carry out a case operation
which is the last resort to pursue intelligence objectives when normal police operations fail.
• command post/holding area - area where case conferences, briefings and debriefings are
being conducted by the responding agencies.
• dragnet operation - is a police operation purposely to seal off the probable exit points of
fleeing suspect from the crime scene to prevent their escape.
Regardless of the type of function to be performed and/or police operations to be conducted, all PNP
personnel must know by heart and shall comply with and apply the following principles and
procedures;
• The police officer who is in charge of the operation shall, at all times, exercise control over
all police personnel in the area of operation, and shall exhaust all possible means to apply
the necessary and reasonable force to protect lives and properties during armed
confrontation.
• The use of firearm is justified if the offender poses imminent danger of causing death or
injury to the police officer or other persons. The use of firearm is also justified under the
doctrines of self-defense, defense of a relative, and defense of a stranger. However, one
who resorts to self-defense must face a real threat on his life, and the peril sought to be
avoided must be actual, imminent and real. Unlawful aggression should be present for self-
defense to be considered as a justifying circumstance.
• A moving vehicle shall not be fired upon except when its occupants pose imminent danger
of causing death or injury to the police officer or any other person, and that the use of
firearm does not create a danger to the public and outweighs the likely benefits of its non-
use.
• The intent of the suspect/s to harm the police officer or other persons;
• The capability of the suspect/s to harm with certainty the police officer or other persons;
and
• Accessibility or the proximity of the suspect/s from the police officer and other persons.
• A police officer who fires his service firearm or weapon during a confrontation with an
offender or offenders must submit an incident report outlining the circumstances
necessitating the use of his firearm.
• All arrests should be made only on the basis of a valid Warrant of Arrest issued by a
competent authority, except in instances where the law allows warrantless 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 what is necessary under the
circumstances.
• As a general rule, arrests can be made on any day of the week and at any time of the day or
night.
• Only judges are authorized to issue Warrants of Arrest.
• A Warrant of Arrest is no longer needed if the accused
is already under detention. An Order of Commitment is issued by the judge in lieu of the
Warrant of Arrest.
(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.
Custodial Investigation is any questioning by law enforcement after a person has been taken into
custody or otherwise deprived of his freedom of action in any significant way. It refers to the
investigation conducted by law enforcement immediately after arrest for the commission of an offense.
It begins when a person has been arrested and brought to the custody of law enforcers in which
suspicion is focused on him in particular and questions are asked from him (the suspect) to elicit
admissions or information on the commission of an offense.
The Miranda Doctrine means that prior to questioning during custodial investigation, the person must
be warned that he has the right to remain silent, that any statement he gives may be used as evidence
against him, and that he has the right to the presence of an attorney, either retained or appointed.
The name comes from the the U.S. case, Miranda vs. Arizona, 16 L. Ed 2d 694, in which the US Supreme
Court laid down the principle of custodial rights of an accused. It held, thus:
“Our holding will be spelled out with some specificity in the pages which follow, but, briefly stated, it is this:
the prosecution may not use statements, whether exculpatory or inculpatory, stemming from custodial
interrogation of the defendant unless it demonstrates the use of procedural safeguards effective to secure the
privilege against self-incrimination. By custodial investigation, we mean questioning initiated by law
enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of
action in any significant way. As for the procedural safeguards to be employed, unless other fully effective
means are devised to inform accused persons of their right of silence and to assure a continuous opportunity
to exercise it, the following measures are required: Prior to any questioning, the person must be warned that
he has the right to remain silent, that any statement he does make may be used as evidence against him, and
that he has a right to the presence of an attorney, either retained or appointed. The defendant may waive
effectuation of these rights, provided the waiver is made voluntarily, knowingly and intelligently. If, however,
he indicates in any manner and at any stage of the process that he wishes to consult with an attorney before
speaking, there can be no questioning. Likewise, if the individual is alone and indicates in any manner that he
does not wish to be interrogated, the police may not question him. The mere fact that he may have answered
some questions or volunteered some statements on his own does not deprive him of the right to refrain from
answering any further inquiries until he has consulted with an attorney and thereafter consents to be
questioned.”
The right to remain silent and to be reminded that anything he says can and will be used against him
– This refers not only to verbal confessions but also to acts. However, mechanical acts that does not
require the use of intelligence (such as providing DNA samples) or to answers to general questions are
not protected under this right.
The right to an attorney or to counsel, preferably of his own choice; if not, one will be provided for him
– This right is absolute and applies even if the accused himself is a lawyer. The right is more particularly
the right to independent and competent An independent counsel is one not hampered with any
conflicts of interest, and a competent counsel is one who is vigilant in protecting the rights of an
accused.
Right against torture, force, violence, threat, intimidation or any other means which vitiate the free will
of the person
Right against secret detention places, solitary, incommunicado, or other similar forms of detention
Any confession or admission obtained from the person arrested in violation of these rights are
inadmissible in evidence and cannot be used against said person. This is called the Exclusionary Rule, i.e.
it is excluded from the evidence to be considered by the court during trial. Such confession or admission
is tainted and must be suppressed under the “Fruit of the Poisonous Tree” Doctrine.
Do rights of a suspect during custodial investigation attach as soon as he is invited to the police station
to be investigated in connection with an offense he is suspected to have committed?
Yes. The practice of issuing an invitation to a person who is investigated in connection with an offense
he is suspected to have committed is part of custodial investigation, as such, the rights of a person
under Section 12, Article III attach.
However, the rights of a suspect during custodial investigation do not generally attach in the following
situations:
The right to counsel attaches upon the start of an investigation, i.e. when the investigating officer starts
to ask questions to elicit information and/or confessions or admissions from the respondent / accused.
At such point or stage, the person being interrogated must be assisted by counsel to avoid the
pernicious practice of extorting false or coerced admission or confessions from the lips of the person
undergoing interrogation, for the commission of an offense. (Gamboa vs. Cruz, G.R. No. L-56291, June
27, 1988)
Any person under investigation must, among other things, be assisted by counsel. Any admission or
confession made by the suspect during interrogation without benefit of counsel is inadmissible in
evidence.
The Court has consistently held that no custodial investigation shall be conducted unless it be in the
presence of counsel, engaged by the person arrested, or by any person in his behalf, or appointed by the
court upon petition either of the detainee himself, or by anyone in his behalf, and that, while the right
may be waived, the waiver shall not be valid unless made in writing and in the presence of counsel.
(Gamboa vs. Cruz, G.R. No. L-56291, June 27, 1988)
The police line-up is not considered as part of the custodial inquest. Hence, the suspect is not yet
entitled, at such stage, to counsel.
“When petitioner was identified by the complainant at the police line-up, he had not been held yet to
answer for a criminal offense. The police line-up is not part of the custodial inquest, hence, he was not
yet entitled to counsel. Thus, it was held that when the process had not yet shifted from the
investigatory to the accusatory as when police investigation does not elicit a confession the accused
may not yet avail of the services of his lawyer. Since petitioner in the course of his identification in the
police line-up had not yet been held to answer for a criminal offense, he was, therefore, not deprived of
his right to be assisted by counsel because the accusatory process has not yet set in. The police could
not have violated petitioner’s right to counsel and due process as the confrontation between the State
and his had not begun. In fact, when he was identified in the police line-up by the complainant, he did
not give any statement to the police. He was, therefore, not interrogated at all as he was not facing a
criminal charge. Far from what he professes, the police did not, at that stage, exact a confession to be
used against him. For it was not he but the complainant who was being investigated at that time. He
was ordered to sit down in front of the complainant while the latter was being investigated. Petitioner’s
right to counsel had not accrued.” (Gamboa vs. Cruz, G.R. No. L-56291, June 27, 1988)
What is the correct procedure for arresting officers to follow when making arrest and in conducting
custodial investigation?
At the time a person is arrested, it shall be the duty of the arresting officers to inform him of the reason
for the arrest and he must be shown the warrant of arrest, x x x. He shall be informed of his
constitutional rights to remain silent and to counsel and that any statement he might make could be
used against him. The person arrested shall have the right to communicate with his lawyer, a relative, or
anyone he chooses by the most expedient means by telephone if possible or by letter or messenger. It
shall be the responsibility of the arresting officer to see to it that this is accomplished. No custodial
investigation shall be conducted unless it be in the presence of counsel engaged by the person arrested,
by any person on his behalf, or appointed by the court upon petition either of the detainee himself or by
anyone in his behalf. The right to counsel may be waived but the waiver shall not be valid unless made
with the assistance of counsel. Any statement obtained in violation of the procedure herein laid down,
whether exculpatory or inculpatory in whole or in part shall be inadmissible in evidence. (People v.
Pinlac, 249 Phil. 114)
How important is the giving of Miranda warnings to the suspect during his arrest?
Any admission or confession made by a suspect during his arrest but without having been read his
Miranda rights are inadmissible. This was the ruling of the Supreme Court in People v. Obrero, G.R. No.
122142, May 17, 2000.
In that case, the Court held that extrajudicial confessions are presumed voluntary, and in the absence of
conclusive evidence showing the declarant’s consent in executing the same has been vitiated, such
confession will be sustained. xxx But what renders the confession of accused-appellant inadmissible is
the fact that accused-appellant was not given the Miranda warnings effectively. Under the Constitution,
an uncounseled statement, such as it is called in the United States from which Art. III, Sec. 12(1) was
derived, is presumed to be psychologically coerced. Swept into an unfamiliar environment and
surrounded by intimidating figures typical of the atmosphere of police interrogation, the suspect really
needs the guiding hand of counsel.
Now, under the first paragraph of this provision, it is required that the suspect in custodial interrogation
must be given the following warnings: (1) He must be informed of his right to remain silent; (2) he must
be warned that anything he says can and will be used against him; and (3) he must be told that he has a
right to counsel, and that if he is indigent, a lawyer will be appointed to represent him.
A perfunctory reading of the Miranda rights without any effort to find out from the suspect whether he
wanted to have counsel and, if so, whether he had his own counsel or he wanted the police to appoint
one for him is insufficient. Mere ceremonial giving of warnings is inadequate to transmit meaningful
information to the suspect.
In People v. Pinlac, 249 Phil. 114, the Court held that when the Constitution requires a person under
investigation “to be informed” of his right to remain silent and to counsel, it must be presumed to
contemplate the transmission of a meaningful information rather than just the ceremonial and
perfunctory recitation of an abstract constitutional principle. As a rule, therefore, it would not be
sufficient for a police officer just to repeat to the person under investigation the provisions of the
Constitution. He is not only duty-bound to tell the person the rights to which the latter is entitled; he
must also explain their effects in practical terms. In other words, the right of a person under
interrogation “to be informed” implies a correlative obligation on the part of the police investigator to
explain, and contemplates an effective communication that results in understanding what is conveyed.
Short of this, there is a denial of the right, as it cannot truly be said that the person has been “informed”
of his rights.
Can a voluntary admission made to the Mayor or media be used against the suspect of a crime?
Yes.
In People v. Andan, G.R. No. 116437, March 3, 1997, the Supreme Court that under these
circumstances, it cannot be successfully claimed that appellant’s confession before the mayor is
inadmissible. It is true that a municipal mayor has “operational supervision and control” over the local
police and may arguably be deemed a law enforcement officer for purposes of applying Section 12(1)
and (3) of Article III of the Constitution. However, appellant’s confession to the mayor was not made in
response to any interrogation by the latter. In fact, the mayor did not question appellant at all. No police
authority ordered appellant to talk to the mayor. It was appellant himself who spontaneously, freely and
voluntarily sought the mayor for a private meeting. The mayor did not know that appellant was going to
confess his guilt to him. When appellant talked with the mayor as a confidant and not as a law
enforcement officer, his uncounseled confession to him did not violate his constitutional rights. Thus, it
has been held that the constitutional procedures on custodial investigation do not apply to a
spontaneous statement, not elicited through questioning by the authorities, but given in an ordinary
manner whereby appellant orally admitted having committed the crime. What the Constitution bars is
the compulsory disclosure of incriminating facts or confessions. The rights under Section 12 are
guaranteed to preclude the slightest use of coercion by the state as would lead the accused to admit
something false, not to prevent him from freely and voluntarily telling the truth. Hence, we hold that
appellant’s confession to the mayor was correctly admitted by the trial court.
Appellant’s confessions to the media were likewise properly admitted. The confessions were made in
response to questions by news reporters, not by the police or any other investigating officer. We have
held that statements spontaneously made by a suspect to news reporters on a televised interview are
deemed voluntary and are admissible in evidence.
Voluntary
Made with assistance of counsel
In writing; and
Express
What are examples of mechanical acts that are not protected by the right to remain silent?
Paraffin test
DNA test
Examination of the physical body
Fingerprinting
Being asked to step on a footprint to compare foot size
Urine sample
Handwriting
Initials on marked money
Signing of inventory receipts in search warrant
Reenactment
Only the rights to remain silent and to counsel may be waived. The right to be informed his rights
cannot be waived at any time.
What constitutes a valid waiver of the right to counsel?
The waiver of the right to counsel is valid only when it is made voluntarily, in writing and with the
presence of counsel.
The right to remain silent is waived when the declaration of the accused acknowledging guilt made to
the police desk officer after the crime was committed. Such spontaneous acknowledgment of guilt to
the police desk officer may be given in evidence against him as part of the res gestae.
• The warrant of arrest is the written authority of the arresting officer when making an arrest
or taking of a person into custody in order that he may be bound to answer for the
commission of an offense.
• The head of the office to whom the warrant of arrest has been delivered for implementation
shall cause the warrant to be implemented within ten (10) days from receipt. Within ten (10)
days after the expiration of such period, the police officer to whom it was assigned for
implementation shall make a report to the judge who issued the warrant and in case of his
failure to implement the same, shall state the reasons thereof.
1. When, in his presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense;
2. 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;
3. When the person to be arrested is a prisoner who has escaped from a penal establishment or
place where he is serving final judgment or temporarily confined while his case is pending, or
has escaped while being transferred from one confinement area to another;
4. Where the accused released on bail attempts to leave the country without court permission;
5. Violation of conditional pardon, punishable under Article 159 of the Revised Penal Code as a
case of evasion of service of sentence; and
6. Arrest following a Deportation Proceeding by the
Immigration Commissioner against illegal and undesirable aliens.
• Police officer may summon assistance - A police officer making a lawful arrest may verbally
summon as many persons as he deems necessary to assist him in effecting the arrest.
• Right of a police officer to break into building or enclosure - A police officer in order to
make an arrest, with or without warrant, may break into a building or enclosure where the
person to be arrested is or is reasonably believed to be, if he is refused admittance thereto
after announcing his authority and purpose.
• Right to break out from building or enclosure -Whenever a police officer has entered the
building or enclosure to make an arrest, he may break out there from, when necessary, to
liberate himself.
• Arrest after escape or rescue - If a person lawfully arrested escapes
or is rescued, any person may immediately pursue to retake him without a warrant at
anytime and in any place within the Philippines.
PROCEDURES
• It shall be the duty of the police officer implementing the Warrant of Arrest to deliver the
arrested person without delay to the nearest Police Station or jail to record the fact of the
arrest;
• At the time of the arrest, it shall be the duty of the arresting officer to inform the person
arrested of the cause of the arrest and the fact that a warrant had been issued for his arrest.
The arresting 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 possible;
• When women or children are among the arrested suspect/s, the arresting officer shall task
the Women’s and Children’s Protection Desks (WCPD) officer or a policewoman who is
familiar with women and children protection desk duties to conduct the pat-down
search;
• In case of arrest without a warrant, it shall be the duty of the arresting officer to inform the
person to be arrested of his authority and the cause of the arrest except when he flees or
forcibly resists before the arresting officer has the opportunity to inform him or when the
giving of such information will imperil the arrest;
• The person arrested, with or without warrant, shall be informed of his constitutional right to
remain silent and that any statement he makes could be used against him. Also, that he has
the right to communicate with his lawyer or his immediate family and the right to physical
examination;
• A person arrested without a warrant shall be immediately brought to the proper Police
Station for investigation without unnecessary delay. He shall be subjected to inquest
proceedings within the time prescribed in Article 125 of the Revised Penal Code (RPC);
• No torture, force, violence, threat, intimidation, or any other means which vitiate the free will
shall be used against an arrested person. The bringing of arrested persons to secret detention
places, solitary confinement and the like is prohibited;
• If the person arrested without a warrant waives his right under the provisions of Art 125 of
the Revised Penal Code, the arresting officer shall ensure that the former signs a waiver of
detention in the presence of his counsel of choice; and
• If the person arrested waives his right against self-incrimination and chooses to give his
statement, the arresting officer shall ensure that the waiver is made in writing and signed by
the person arrested in the presence of a counsel of his own choice or a competent and
independent counsel provided by the government.
• Before interrogation, the person arrested 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.
1. Objects that are illegal per se, even if not particularly described in the search warrant, may
be seized under the plain view doctrine.
TIME OF SEARCH
• The warrant should be served during daytime, unless there is a provision in the warrant
allowing service at any time of the day or night.
• All applications for Search Warrant shall be approved for filing by the Chief of Office. The
application shall indicate the following data:
• All approved applications shall be recorded in a log book, duly maintained for the purpose,
indicating the name of the applicant, name of the respondent, nature of the offense, and
date of the application.
• In the conduct of search, if after giving notice of his purpose and authority, the police
officer is refused admittance to the place of search, he may break open any outer or inner
door or window or any part of a house or anything therein to implement the warrant or
liberate himself or any person lawfully aiding him when unlawfully detained therein.
1. Houses, rooms, or other premises shall not be searched except in the presence of the 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.
2. Lawful personal properties, papers, and other valuables not specifically indicated or
particularly described in the search warrant shall not be taken.
Inventory and Delivery of Property Seized
• The police officer who confiscates property under the warrant shall issue a detailed receipt
of property seized to the lawful occupant of the premises, or in the absence of such
occupant, shall do so in the presence of at least two (2) witnesses of sufficient age and
discretion residing in the same locality;
• The receipt shall likewise include items seized under the Plain View Doctrine;
• The police officer must then leave a receipt in the place in which he found the seized
property and a duplicate copy thereof with any barangay official having jurisdiction over the
place searched
• The police officer must forthwith deliver the property seized to the judge who issued the
warrant, together with an inventory thereof, duly verified under oath.
Any object in the plain view is subject to seizure and may be introduced as evidence. Requirements
under the Plain View Doctrine are:
(1) The police officer must have prior justification for an intrusion or, otherwise, must be in a position
from which he can view a particular area;
(2) The discovery of the evidence in plain view is unintentional; or
(3) It is immediately apparent to the police officer that the item he observes may be evidence of a
crime, contraband, or is a valid subject of seizure.
To constitute a waiver of this constitutional right, it must appear, first, that the right exists; second,
that the person involved had knowledge, either actual or
constructive, of the existence of such right; that said person had an actual intention to relinquish the
right.
The police officer has the right to stop a citizen on the street, interrogate him, and pat him for
weapons whenever he observes unusual conduct which convinces him that a criminal activity
exists.
• Emergency and Exigent Circumstances
A search warrant could be validly dispensed with in cases of exigent and emergency situation, and the
police officers have reasonable grounds to believe that a
crime is being committed, and they have no opportunity to apply for a search warrant from the courts
because the latter were closed.
• Tipped Information
If the police officers have reasonable grounds to believe that the subjects are engaged in illegal
activities, he tipped information is sufficient to provide probable cause to effect a warrantless search
and seizure.
• The Team Leader shall see to it that prior reports on illegal drugs activities have been
submitted which may include but not limited to the following classified
reports:
• Preparation of the buy-bust money. The“buy-bust” money shall be duly marked or dusted
with ultra-violet powder by the PDEA Laboratory Service or PNP Crime Laboratory.
• It shall be properly photographed, reproduced and/or recorded indicating the serial
numbers and the person who released the money, the Officer who received the same and
had it delivered to the PDEA Laboratory Service or PNP Crime Laboratory for dusting. The
Officer receiving the money shall issue a receipt for the purpose.
• Coordination with PDEA, as far as practicable, including territorial Police Units.
• Preparation of the Inventory Receipt of Evidence Form for recovered evidence,
Technical Inspection and Inventory Report Form for recovered vehicles, and other pro-
forma documents needed in the operation.
• Preparation and inspection of the following: Firearms, communication, vehicles, camera
and other equipment and documents to be used by the team members.
• The Team Leader shall see to it that he has the contact numbers of representatives from
the DOJ, Media and any Local Elected Official in the area for inventory purposes as
required under Section 21, RA 9165.
• The Team Leader, prior to the police operation, shall conduct a briefing emphasizing the
role of every member of the team and remind everyone to observe Rights of Individuals.
He shall then inform the Team on the pre-arranged
signal to be executed by the poseur-buyer once the sale of illegal drugs has
been consummated.
• The composition and functions of the operating team may be modified, as necessary,
based on the demands of the situation.
Actual Buy-Bust
• The poseur-buyer must ensure that the suspect delivers the illegal drugs or accepts the
marked or dusted money before giving the prearranged signal for the arrest. In pre-
positioning team members, the designated arresting and/ or back-up elements should
strategically position themselves in an area where they can observe the negotiation/
transaction between the suspect and the poseur-buyer.
• On signal, the designated Arresting Officers shall immediately arrest the suspect/s and
introduce themselves as Police They then inform the
suspect/s of the nature of their arrest.
• The Arresting Officers in informing the arrested suspect/s of their
CONSTITUTIONAL RIGHTS must do so in a language or dialect known to them.
• (I/We am/are Police Officer/s I/we am/are arresting you for violation of RA 9165. You are
hereby informed that you have the right to remain silent and to have a competent and
independent counsel of your own choice, and if you cannot afford the services of a
counsel you will be provided with one. /Kami ay mga pulis, inaaresto ka namin sa paglabag ng
RA 9165. Pinapaalalahanan ka namin na ikaw ay may karapatang magsawalang kibo at
magkaroon ng isang manananggol na iyong sariling pili, at kung hindi mo kayang umupa ng isang
manananggol, bibigyan ka namin ng isa).
• After the arrest, the arresting Officers shall search the body of the suspect for any deadly
weapon and recovery of the buy-bust money.
• The Seizing Officer shall immediately confiscate and take initial custody of the illegal drugs.
• During the actual physical inventory, the Seizing Officer must mark, and photograph the
seized/recovered pieces of evidence in accordance with the provision of Section 21 of
RA 9165 as amended by RA 10640 in the presence of:
(a) The suspect or person/s from whom such items were confiscated and/or seized or his/
her representative or counsel;
(b) With an elected Public Official; and
(c) Any representatives from the Department of Justice or Media who shall affix their
signatures and who shall be given copies of the inventory.
• Note: The presence of the above-mentioned witnesses shall only be required during
the physical inventory of the confiscated If in case, witnesses mentioned above are
absent, same should be recorded in the report.
• In warrantless searches and seizures like buy-bust operations, the inventory and taking of
photographs shall be made at the nearest Police Station or Office of the
Apprehending Officer or Team whichever is practicable
• However, concerned police personnel must execute a written explanation to justify, non-
compliance of the prescribed rules on inventory under Section 21, RA 9165 as amended by
RA
• Thereafter, the Arresting/ Seizing Officer shall turn-over the
arrested suspects as well as seized items or evidences to the Investigator-On-
Case who in turn, shall issue an acknowledgement receipt.
• The Investigator-On-Case, in coordination with the Seizing Officer, shall submit the seized
illegal drugs to the PDEA Laboratory Service or PNP Crime Laboratory for examination and
analysis and the arrested suspect/s for physical/ medical examination and laboratory
screening test within twenty-four (24) hours, if the apprehending or arresting officer has
reasonable ground to believe that the person apprehended or arrested, on account of
physical signs or symptoms or other visible or outward manifestation, is under the influence
of dangerous drugs.
• The Investigator-On-Case shall bring the arrested person together with the
arresting personnel, Seizing Officer, other witnesses and the pieces of evidence to
the Prosecutor’s Office for inquest proceedings.
• After inquest, the Investigator-On-Case may ask the Court for the issuance of a
Commitment Order turning over the arrested person/s to the Jail Warden for custody
pending trial of the case. A copy of the case disposition by the Inquest Prosecutor/MTC
Judge, Booking Sheet and Medical Examination Certificate of the suspect must also be
attached to the report.
• Note: The case must be filed within the reglementary period prescribed under Article 125 of
the Revised Penal Code as amended, wherein it provides for 12 hours for Light Offenses, 18
hours for Less Grave, and 36 hours for Grave Offense).
• Thereafter, the Investigator-On-Case shall submit the After-Inquest Report to the Chief of
Office and furnish the PDEA, a copy of the case folder and shall regularly update the latter
on the status of the case.
• The Investigator-On-Case and the Arresting Officers, respectively shall
maintain a Case Tracking/Monitoring System or Record of the Case and shall inform in
writing his immediate Officer and Higher Office if the case is dismissed or the suspect/s is
released.
• The Chief of Office shall ensure that all police witnesses shall religiously attend and testify
in court during the trial and
shall require them to secure a Certificate of Appearance from the Court and to submit an
After Court-Duty Report.
Lesson 1. Patrol Procedure
P-olicemen A-ssigned T-o R-estore O-rder in the L-ocality
• Patrol may refer to the regular tour made by a guard in a place in order to protect or
maintain order. It could also mean a person or a group (such as a police or military unit) sent
to carry out a tour of duty in a certain place with a particular mission either for
reconnaissance purposes or simply to provide protection.
• Horn – During the period of Hue and Cry, it was the oldest known warning device in history
was sounded when a person committed a crime, or felon escaped, and it was detected.
• Egyptians – The first people to use police dogs on patrol. They also invented the lock.
• Bow Street Runners (Henry Fielding) – The first organized FOOT PATROL and BOW
STREET HORSE PATROL was the first mounted police on patrol.
• The Metropolitan Police (Robert Peel) – According to some historians, it was the first
organized uniformed police. It was later called SCOTLAND YARD. It was referred to
as PEEL’S BLOODY GANG, BLUE DEVILS, and DIRTY PAPISTS. Being the sponsor of law
and the first head of police organization, Peel was considered THE FATHER OF MODERN
POLICING SYSTEM.
• 1920’s (Modern Period) – This period used AUTOMOBILE PATROL and VOICE RADIO
COMMUNICATIONS.
PHILIPPINE SETTING
• 1939 – The Manila Police Department (MPD) introduced the BICLYCLE PATROL.
• March 17, 1954 – Automobile Patrol was introduced in Metro Manila. ISAIAS ALMA JOSE
served as the first Chief of Mobile Patrol-MPD.
PATROL PROCEDURES
Patrol Guidelines
Vehicles especially during nighttime, be prepared to use your service firearm. Flashlight should be
held tightly away from the body to avoid making you a possible target; and
1. Patrol members should avoid loitering in theaters, restaurants and other recreational places.
1. Proactive Patrol – It the old system of police patrol activity which consists of continuously
driving around the area of patrol waiting for something to happen and to react accordingly
in case something does happen.
2. Reactive Patrol- It is the more economical alternative patrol system, which has an objective
approach against criminality as much as practicable. It addresses crime at its very root
before it is able to develop into as felonious act.
What is COPS?
C – ommunity
O – riented
P – olicing
S – ystem
• It is the deployment of policemen in police blocks to provide police and public safety
services. It also involves the breaking down of large and impersonal police departments into
small units to create a series of mini-police precincts, which are responsive to the smaller
communities.
Objectives of COPS
• To enhance police visibility in order to reach out to the community to serve the resident.
• To improve police community relation; to gain acceptance; build mutual respect and trust;
and promote cooperation.
• To attend sustained and integrated police-community participation in crime prevention and
suppression.
1. Theory of Police Omnipresence or High Police Visibility. This applies the principle
of OVERT OPERATION.
2. Low Profile Theory or Low Police Visibility. This applies the principle of COVERT
OPERATION.
1. Area to be patrolled;
2. Man-made and natural barriers;
3. Number of men to patrol the area; and
4. Type of patrol to be used.
Shift Rotation
• Day Shift – This shift is devoted to service activities. The people that a police officer meets
during the day shift are usually law abiding and create few problems.
• Afternoon Shift – The afternoon shift is usually the busiest and offers the greatest variety
of activities.
• Midnight Shift – The so called “graveyard shift” to denote lack of activities or dog watch”.
• Day Shift (7:00-3:00PM)
o A shift devoted to service activity.
o Service oriented shift
• Afternoon Shift (3:00-11:00PM)
o Combined service oriented and criminal apprehension function of MS.
• Midnight Shift (11:00-7:00AM)
o “Dog watch, graveyard” which suggests it is the penalty box of police work.
o Least desirable of all police shift.
1. Beat Patrol
2. Foot Patrol
3. Bicycle Patrol
4. Sector Patrol (Motorized Patrol)
5. Automobile Patrol
6. Motorcycle Patrol
7. Aircraft Patrol
8. Specialized Patrol Methods
9. Horse (Mounted) Patrol
10. Marine (Water) Patrol
11. Canine (K-9) Assisted Patrol
12. Special Terrain Patrol
• Foot Patrol
o Simplest/most expensive type
• Automobile/Mobile Patrol
o Speed and mobility
o Most cost effective
o Best means in preventive enforcement
• Boat/Water Patrol
o Often the forgotten heroes of the police department
• Motorcycle Patrol
o Speed and maneuverability
FOOT PATROL
• This patrol is restricted to small areas and is used to deal with special situations while
maintaining radio contact with officers in patrol cars. This is used to secure 2 types of
geographical units:
1. Post – A fixed position or location where an officer is assigned for guard duty.
2. Beat – The smallest area specifically assigned for patrol purposes.
1. Fixed Foot Patrol – This usually used for traffic, surveillance, parades, and special events.
2. Mobile Foot Patrol – This is used where there is considerable foot movement such as
patrolling business and shopping centers, high crime areas, and in places where there are
multiple family dwellings.
1. Line Beat Patrol – This is used in securing a certain portion of a road or street.
2. Random Foot Patrol – This is used in checking residential buildings, business
establishments, dark alleys, and parking lots.
• Greater personal contact with the public leading to increase community support for the
police.
• Greater opportunity to develop sources of information.
• High police visibility.
• Patrol officers can enter small alleys and side streets not accessible to motor vehicles.
• Easier detection of criminal activities due to closer observation of the environment.
• Easy discovery and familiarization on the layout of the beat. It allows an in-depth knowledge
of the character and problems of the patrol area.
AUTOMOBILE PATROL
• Automobile patrol has the greatest mobility and flexibility. This patrol is considered by most
experts as the most cost-effective method of patrol. Patrol car is the most extensively used
and the most effective means of transportation for police on patrol.
BICYCLE PATROL
This kind of patrol is considered as simple and inexpensive means of silent transportation to carry
police officers throughout the patrol district.
Advantages of Bicycle Patrol
MOTORCYCLE PATROL
Motorcycle is beginning to be a favorite of patrol officers because of the ease and speed of moving
around.
Advantages of Motorcycle Patrol
HORSE PATROL
Horse is useful in patrolling jurisdiction that covers large park areas or similar places where automobile
cannot go or may be forbidden.
Advantages of Horse Patrol
AIRCRAFT PATROL
Advantages of Aircraft Patrol
1. Able to travel at low speed, to hover if necessary, and to land even in small patch of flat
land.
2. Increased visual range/scope.
3. More efficient for rescue, medical evacuation, surveillance, and other high profile police
activities.
4. Improved response time for emergency calls.
5. Provide better a better system of flood lighting areas to be patrolled.
6. Capable of broadcasting information to a large area through airborne speakers.
7. Provide rapid emergency transportation for personnel.
8. Added security to patrol officers on foot, motorcycles, or in patrol cars through backup
offered by areal patrol.
1. Very expensive.
2. Public complaints about the noise.
3. Forcibly grounded during bad weather.
4. Smog and light or intermittent clouds affects visibility.
5. There are landing patterns or procedures that must be followed which delays landing.
6. Pilots must work shorter periods of time because they easily suffer work fatigues.
7. Element of surprise is lost.
WATER/BAY/MARINE/RIVER PATROL
Water patrol units are extremely specialized and are not in great use except in areas with
extensive coasts or great deal of lake or river traffic. It uses water vehicles in anti-smuggling
operations as well as against robberies committed in warehouses along river banks or water ports.
Winter or summer, the water patrol is responsible for:
• Egyptians were the first to use dogs in patrolling. Baltimore was the only American police
force that used trained dog handler teams on patrol. The most recent use of police dogs is in
the search and detection of drugs in packages or on suspects.
• Provide great assistance in search and rescue as well as in smelling out drugs and bombs. It
is also effective in finding bodies (dead/alive), just buried or buried for years. A dog is
capable of recognizing an odor 10 million times better than a human can.
• Provide protection for 1 patrol officer. Officer/s assigned to a high-crime area has little to
fear with a well-trained canine at their side.
DISADVANTAGES OF K-9
WOLVES
WOLVES- it is the system of attaching miniature camera and transmitter to a search dog which makes
the dog the eyes and ears of his handler.
W – ireless
O – perational
L- ink; and
V – ideo
E – xploration
S – ystem
Goal-orientation:
All planning is linked up with certain goals and objectives. It follows, therefore, that every plan must
contribute in some positive way to the accomplishment of group objectives.
Planning has no meaning without being related to goals and objectives. It must bridge the gap
between where we are and where we want to go at the minimum cost.
Primary Function:
Planning is said to be the most basic and primary function of management. It occupies first place and
precedes all other functions of management which are designed to attain the goals set under planning.
This is because the manager decides upon the policies, procedures, programs, projects, etc. before
proceeding with the work.
The other functions of management—organising, direction, co-ordination and control—can be
performed only after the manager has formulated the necessary planning.
Pervasiveness:
Planning pervades all managerial activities. It is the job of all managers in all types of organization. It is
undertaken at all segments and levels of the organization, from the general manager to the foreman.
Whatever be the nature of activity, management starts with planning. The character and breadth of
planning will, of course, vary from one job to another—depending on the level of management.
Uniformity:
There may be separate plans prepared in different levels in the organization, but all the sub-plans must
be united with the general plan so as to make up a comprehensive plan for operation at a time.
Continuity:
To keep the enterprise as a going concern without any break, So, the first plan must follow the second
plan and the second plan the third and so on in never-ending series in quick succession.
Simplicity:
The language of the work schedule or program in the planning should be simple so that each and every
part of it may easily be understood by the employees at different levels, especially at the lower level.
Precision:
Precision is the soul of planning. This gives the planning exact, definite, and accurate meaning in its
scope and content. Any mistake or error in planning is sure to upset other functions of management
and, thus, precision is of utmost importance in every kind of planning.
Feasibility:
Planning is neither poetry nor philosophy. It is based on facts and experience, and thereby realistic in
nature. It represents a program which is possible to execute with more or less existing resources.
Choice among Alternative Courses:
Planning involves selection of suitable course of action from several alternatives. If there is only one
way of doing something there is no need of planning.
Planning has to find out several alternatives, estimate the feasibility and profitability of the different
alternatives, and to choose the best one out of them.
Efficiency:
Planning is directed towards efficiency. A plan is a course of action that shows promise of optimizing
return at the minimum expense of inputs. In planning, the manager evaluates the alternatives on the
basis of efficiency.
A good plan should not only attain optimum relationship between output and input but should also
bring the greatest satisfaction to those who are responsible for its implementation.
Inter-dependence:
The different departments may formulate different plans and program for their integration in the
overall planning. But sectional plans cannot but be inter-dependent. For example, production planning
depends upon sales planning—and vice versa.
Forecasting:
Above all, no planning can proceed without forecasting—which means assessing the future and making
provision for it. Planning is the synthesis of various forecasts—short-term or long-term, special or
otherwise. They all merge into a single program and act as a guide for the whole concern.
IMPORTANCE OF PLANNING
Planning is the key to success of an organization. In fact, most of the company’s achievements can be
attributed to careful planning. Planning is a function of every manager at every level in an
Organization. Every manager is required to plan first for systematic and orderly performance of his
assigned duties.
Providing Basis of Decision:
The first and most important reason for planning lies in the fact that it provides a basis on which
decisions are made. It is an immense need for the managers of an enterprise to fix up their minds as to
what they want to accomplish and then plan the use of time, resources, and efforts towards the
achievement of their objectives.
Focusing Attention on Objectives:
Planning concentrates attention on the objectives of an enterprise. The first function of planning is to
spell out its objectives. The objectives are defined in more concrete, precise and meaningful terms.
The result of such attention, it becomes possible for the planners to determine the policies,
procedures, programs and the rules for an orderly advance towards the ultimate goals desired to be
achieved.
Minimizing Uncertainty and Risk:
The future is uncertain. Planning helps the managers in taking care of future uncertainties and thus
minimizes possible risk. It anticipates future events and sets the course of action to control these
events to one’s advantage. With the help of planning, an enterprise can predict future events and
make due provision for them. This, no doubt, eliminates or reduces the possibility or jumping into
uncertainties.
Adapting with Changes:
Planning has become imperative due to the fact that an enterprise operates in a changing and dynamic
environment. The aspects of this changing environment include changes in technology, government
policies, the nature of competition, social norms and attitudes etc.
As the planning proceeds step by step, it foresees the changes likely to come and accordingly prepares
its programme by necessary adjustments and adaptation.
Securing Economy:
Planning focuses on efficiency and economy in operation. A plan is a course of action that can take the
organization to its objectives at the minimum cost. Planning prevents wasting of resources by
choosing the best course of action from many alternatives. It aims at smooth flow of work. All these
steps in planning lead automatically to economy.
Helping in Co-ordination:
Planning leads to achieve a coordinated structure of operations. It provides a unifying framework.
Sound planning inter-relates all the activities and resources of an organization. Well-considered overall
plans harmonies inter-departmental activities.
Making Control Effective:
The managerial function of controlling is concerned with a comparison between the planned
performance and the actual performance of the subordinates and departments of the organization.
Thus, control is exercised in the context of planning action as the standards against which actual
results are to be compared are set up through planning.
Increasing Organizational Effectiveness:
Planning ensures organizational effectiveness in several ways. It states the objectives of the
organization in the context of given resources. It provides for proper utilization of resources, it gives
necessary competitive strength for continuous growth and steady progress by foreseeing what the
competitors are likely to do and evolving its strategies accordingly.
ELEMENTS OF PLANNING:
Principle of Commitment:
This means that certain resources must be committed or pledged for the purpose of planning. Planning
is not an easy task. So, necessary help is to be taken from experts.
Principle of the Limiting Factor:
A plan involves varied factors of different importance. This principle implies that more emphasis has to
be put on that factor which is scarce or limited in supply or extremely costly. This will help in selecting
the most favorable alternative.
Principle of Reflective Thinking:
Planning, being an intellectual activity is based on rational considerations. These involve reflective
thinking which signifies problem-solving thought process—a process by which past experiences are
superimposed on the facts of the present situation and possible future trends.
Principle of Flexibility:
Though a plan is prepared after reflective thinking, this does not mean that no departure can be made
in the course of its operation.
Principle of Contribution to organizational Objectives:
A major plan is prepared and it is supported by many derivative plans. But all plans must contribute in
a positive way towards the achievement of the enterprise objectives.
Principle of Efficiency:
A plan should be made efficient to attain the objectives of the enterprise at the minimum cost and
least effort. It must also achieve better results with the minimum of unexpected happenings.
Therefore, it is to be seen that what is expected is likely to be achieved.
Principle of Selection of Alternatives:
Planning is basically a problem of choosing. The essence of planning is the choice among alternative
courses of action. There is no need for planning if there is only one way for doing something.
Principle of Planning Premises:
A plan is prepared against some foundations or backgrounds known as ‘Planning Premises’.
Principle of Timing and Sequence of Operations:
Timing and sequence of operations determine the starting and finishing time for each piece of work
according to some definite schedule and give practical and concrete shape and form to work
performance.
Principle of Securing Participation:
To secure participation of the employees with whole-hearted co-operation in execution of the plan, it
is necessary that the plan must be communicated and explained to them for their full understanding.
Principle of Pervasiveness:
Though major planning function is entrusted to the top management, it is not restricted to the top
level only. It is a function of every manager at every level in the organization.
Principle of Strategic Planning:
Strategic planning is essential when there is competition. It is prepared in the light of what the
competitors are intending to do. Planners must take into account the strategies of the rival
organizations, otherwise the planning projection may land them in trouble.
Principle of Innovation:
A good system of planning should be responsive to the opportunities for innovation. Innovation
consists in creating something new for increasing satisfaction of the consumers. This may also be
stated as an important strategy of an organization. Innovation is a necessity for its sustaining growth in
this dynamic world.
Principle of Follow-up:
In the course of execution of a plan, certain obstacles may crop up in midway and planning may
require revision, alteration or correction.
TYPES OF PLAN
Reactive Plans are developed as a result of crisis. A particular problem may occur for which the
department has no plan and must quickly develop one, sometimes without careful preparation.
Proactive Plans are developed in anticipation of problems. Although not all police problems are
predictable, many are, and it is possible for a police department to prepare a response in advance.
Visionary Plans are essential statements that identify the role of the police in the community and the
future condition or state to which the department can aspire. A vision may also include a statement of
values to be used to guide the decision making process in the department.
Strategic Plans are designed to meet the long-range, overall goals of the organization. Such plans allow
the department to adapt anticipated changes or develop a new philosophy or model of policing
Operational Plans are designed to meet the specific tasks requires to implement strategic plans. There
are four types of operational plan:
Types of Operational Plans
Standing Plans provide the basic framework for responding to organizational problems. The
organizational vision and values, strategic statement, policies, procedures, and rules and regulations
are examples of standing plans.
Functional Plans include the framework for the operation of the major functional units in the
organization, such as patrol and investigations. It also includes the design of the structure, how
different functions and units are to relate and coordinate activities, and how resources are to be
allocated.
Operational-efficiency, effectiveness, and productivity plans are essentially the measures or
comparisons to be used to assess police activities and behavior (outputs) and results (outcomes). If one
of the goals of the police department is to reduce the crime rate, any change that occurs can be
compared to past crime rates in the same community or crime in other communities, a state, or the
nation.
Contingency plans are made when something unexpected happens or when something needs to be
changed. Business experts sometimes refer to these plans as a special type of planning.