Module in Planning

UNIVERSITY OF CAGAYAN VALLEY
(formerly Cagayan Colleges Tuguegarao)

VICTOR VENTURA PEREZ (VVP) CAMPUS,
TUGUEGARAO CITY, CAGAYAN VALLEY, PHILIPPINES 3500
MIDTERM MODULE
BALZAIN CAMPUS: (078) 844-1147 Local 218 – (Trunk Line)(078) 844-8978 – (Fax)
LAW ENFORCEMENT
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COLLEGE OF CRIMINAL JUSTICE EDUCATION

OPERATIONS and
PLANNING AND WITH CRIME MAPPING
1. What is investigation?
- refers to the systematic and thorough process of gathering evidence, examining crime scenes,
interviewing witnesses and suspects, and analyzing information to solve crimes. Detectives and
investigators use various techniques and tools to uncover the truth, build a case, and ensure the legal
process is supported by accurate and credible information.
A. What is custodial investigation?
- 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.
- Custodial investigation typically refers to the questioning or interrogation of a person
who is in police custody. It involves obtaining statements or evidence from the individual
suspected of a crime. During custodial investigation, law enforcement officers must
adhere to legal protocols to protect the rights of the suspect, such as reading them their
Miranda rights and ensuring a fair and lawful process.
2. Rule 113 of the Rules of Court (Arrest)
A. What is arrest?
Arrest - is the taking of a person into custody in order that he may be bound to answer for
the commission of an offense.
Arrest how made - is the actual restraint of a person to be arrested by his submission to the
custody of the person making the arrest. No evidence or unnecessary force shall be used in
making an arrest, and the person to be arrested shall not be subjected to any greater restraint
than is necessary for his detention.
R.A 7438(Rights of Persons Arrested, Detained or under Custodial Investigation)
You have to remain silent. Any statement you make maybe used for or against you in any court
of law of the Philippines.
You have the right to have a competent and independent counsel preferably in our own
choice. If you cannot afford the services of a counsel, the government will provide one for you.
You the right to demand a physical examination by independent and competent doctor of your
own choice. If you cannot afford the services of a doctor, the state shall provide for you
Do you understand these right?
 Time of Arrest – As a general rule, arrest may be made on any day at any time of the
day or night.
- Arrests can take
place at any time of the
COLLEGE OF CRIMINAL JUSTICE EDUCATION day or night.

Law
enforcement officers have the authority to make arrests 24/7, as criminal activities can occur
at any hour. The timing of an arrest is often influenced by factors such as the urgency of the
situation, the presence of evidence, or the need to prevent potential harm or escape. Arrests
may occur during routine investigations, in response to a warrant, or as a result of
witnessing a crime.
 Modes of Arrest
- Arrests can be conducted through various modes, including:
1. Warrant Arrest - Occurs when law enforcement has obtained a legal warrant based on
probable cause to arrest a specific individual.
2. Without Warrant - Happens when law enforcement has immediate probable cause to
believe a crime has been committed, allowing for an arrest without a warrant.
3. Citizen's Arrest - In some jurisdictions, private individuals may have the authority to
make arrests under specific circumstances, typically involving witnessed crimes.
- The method of arrest can vary based on the situation, urgency, and legal requirements in a
given jurisdiction.
Execution of Warrant – The head of the office to which the warrant of arrest has been
delivered for execution shall cause the warrant to be executed within ten (10) days from receipt.
Within ten (10) days after the expiration of such period, the officer to whom it was assigned for
execution shall make a report to the judge who issued the warrant and in case of his failure to
execute the same, shall state the reasons therefor.
- The execution of a warrant involves law enforcement officers carrying out the directives
specified in a legal document called a warrant.
1.Issuance - A judge issues a warrant based on probable cause, allowing law enforcement to
search a specific location or arrest an individual.
2. Presentation - Officers must present the warrant to the person at the specified location
before conducting a search or making an arrest.
3. Announcement - Typically, officers announce their presence and purpose before entering
a premises to execute a search warrant. In arrest warrants, they announce their identity and
intention to make an arrest.
4. Search or Arrest - Following proper procedures outlined in the warrant, law enforcement
may conduct a search or arrest the individual named in the warrant.
Arrest by virtue of a Warrant of Arrest –

a. It shall be the duty of the officer executing the warrant to arrest the accused unnecessary delay and
deliver him to the nearest police station.
b. When making an arrest by virtue of a warrant, the officer shall inform the person top to be arrested
of the cause of the arrest and of the fact that a warrant has been issued for his arrest, except when he
flees of forcibly resist before the officer has the opportunity to so inform him or when the giving of
such information will imperil the arrest. The officer need not have the warrant in his possession at the
time of the arrest but after the arrest, if the person arrested so requires, the warrant shall be shown to
him as practicable.
1. Warrant Issuance - A judge
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COLLEGE OF CRIMINAL JUSTICE EDUCATION probable cause to believe
a crime has been
committed, allowing law enforcement to arrest a specific person.
2. Presentation of Warrant - Law enforcement officers present the warrant to the person named in it,
informing them of the legal basis for their arrest.
3. Identification and Apprehension - The individual is identified, and the officers proceed to take them
into custody in accordance with the terms outlined in the warrant.
4. Advisement of Rights - The person being arrested is informed of their rights, commonly known as
Miranda rights, including the right to remain silent and the right to legal representation.
When is a warrant of arrest not necessary?
(1) When the accused is already under detention pursuant to a warrant issued by the MTC judge
in Rule 112, Sec. 6 (b);
- the preliminary investigation of cases falling under the original jurisdiction of the Metropolitan
Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, or Municipal Circuit Trial
Court may be conducted by either the judge or the prosecutor.
- Preliminary investigation is a legal process conducted by law enforcement or prosecutors to

assess the evidence and determine whether there is sufficient basis to file formal charges against an
individual. It involves gathering facts, examining witnesses, and evaluating the evidence to
establish probable cause.
- Preliminary investigation is an inquiry or proceeding to determine whether there is sufficient

ground to engender a well-founded belief that a crime has been committed and the respondent is
probably guilty thereof, and should be held for trial.
- preliminary investigation is required to be conducted before the filing of a compliant or

information for an offense where the penalty prescribed by law is at least four (4) years, two (2)
months and one (1) day without regard to the fine.
- The following may conduct preliminary investigations:
(a) Provincial or City Prosecutors and their assistants

(b) Judges of the Municipal Trial Courts and Municipal Circuit Trial Courts;
(c) National and Regional State Prosecutors; and
(d) Other officers as may be authorized by law.
(2) When the complaint or information was filed pursuant to Rule 112, Sec. 7, i.e. a valid
warrantless arrest;
- When accused lawfully arrested without warrant. – When a person is lawfully arrested without a
warrant involving an offense which requires a preliminary investigation, the complaint or information
may be filed by a prosecutor without need of such investigation provided an inquest has been
conducted in accordance with existing rules. In the absence or unavailability of an inquest prosecutor,
the complaint may be filed by the offended party or a peace officer directly with the proper court on
the basis of the affidavit of the offended party or arresting officer or person.
- Before the complaint or information is filed, the person arrested may ask for a preliminary
investigation in accordance with this Rule, but he must sign a waiver of the provision of Article 125
of the Revised Penal Code, as amended, in the presence of his counsel. Notwithstanding the waiver,
he may apply for bail and the investigation must be terminated within fifteen (15) days from its
inception.
-After the filing of the complaint
or information in court without a
COLLEGE OF CRIMINAL JUSTICE EDUCATION preliminary investigation,

the accused may,
within five (5) days from the time he learns of its filing, ask for a preliminary investigation with the
same right to adduce evidence in his defense as provided in this Rule.
- Complaint - is a sworn written statement made to a court or magistrate that a person has been
guilty of designated offence.
- A complaint is a formal written statement filed with a court or law enforcement agency, presenting
allegations or charges against a person, outlining the facts, legal claims, and seeking a specific remedy
or relief.
- Information - is an accusation in writing charging a person with a public offence, presented and
signed by the promoter fiscal or his deputy and filed with the clerk of court.
- An "information" is a formal written accusation or charge in a criminal case, outlining the charges,
laws violated, and basic facts against a person, typically filed by a prosecutor.
(3) When the offense is penalized by fine only. (Rule 112, Sec. 6 (c) )
- When warrant of arrest not necessary. — A warrant of arrest shall not issue if the accused is
already under detention pursuant to a warrant issued by the municipal trial court in accordance
with paragraph (b) of this section, or if the complaint or information was filed pursuant to section 7
of this Rule or is for an offense penalized by fine only. The court shall then proceed in the exercise
of its original jurisdiction. (6a)
(4) When the accused lawfully arrested escapes or rescued (Rule 113, Sec. 13)
- Arrest after escape or rescue. — If a person lawfully arrested escapes or is rescued, any person
may immediately pursue or retake him without a warrant at any time and in any place within the
Philippines. (
Arrest Without a Warrant; when lawful – A peace officer or a private person may, without a
warrant, arrest a person:
a. when, in his presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense;
b. when an offense has just been committed and he has probable cause to believe, based on
personal knowledge of facts or circumstances, that the person to be arrested has committed it;
and
c. when the person to be arrested is a prisoner who has escaped from a penal establishment or
place where he is serving final judgment or temporarily confined while being transferred from
one confinement to another.
Duties of Arresting Officer in Case of Arrest without a Warrant
a. The arresting officer shall inform the subject or suspect, in the dialect or language
known to him, why he is being arrested, and of his right to remain silent and to have a
counsel of his own choice, to be informed of his authority and the cause of arrest, unless
the person to be arrested is then engaged in the commission of an offense or is pursued
immediately after its
commission or after

and escapes; or flees
or
forcibly resist before the officer has opportunity to so inform him, or when the giving of
such information will imperil the arrest.
b.The arrested person shall be delivered to the proper authorities without unnecessary delay and
within the time prescribed in Article 125 of the Revised Penal Code, as amended (12, 18, or 36
hours, as the case maybe).
- Delay in the delivery of detained persons to the proper judicial authorities. The penalties
provided in the next preceding article shall be imposed upon the public officer or employee
who shall detain any person for some legal ground and shall fail to deliver such persons to the
proper judicial authorities within the period of twelve (12) hours, for crimes or offenses
punishable by light penalties, or their equivalent; eighteen (18) hours, for crimes or offenses
punishable by correctional penalties, or their equivalent, and thirty-six (36) hours, for crimes or
offenses punishable by afflictive or capital penalties, or their equivalent.
.
c.The person arrested without a warrant shall be delivered to the nearest police station or jail,
and shall subject of inquest proceedings under Section 7, Rule 112 of the Rules on Criminal
Procedure.
- Inquest proceedings refer to the legal process conducted by a public prosecutor to determine
whether there is sufficient evidence to file formal charges against an arrested person. In the
Philippines, these proceedings are governed by Rule 112 of the Rules of Court.
Key points about inquest proceedings include:
1. Purpose - Inquests are usually conducted when a person is arrested without a warrant. The
prosecutor assesses the evidence and determines whether there is probable cause to file charges.
2. Timeframe - Inquest proceedings are expected to be conducted within a specific period after
the arrest, typically within 12, 18, or 36 hours, depending on the nature of the offense.
3. Right to Counsel - The arrested person has the right to have legal representation during the
inquest.
4. Release or Detention - After the inquest, the prosecutor may recommend the release of the
arrested person if there is insufficient evidence or order their continued detention if there is
probable cause.
d. If the person arrested without a warrant waives his right to remain silent under the provisions
of Art125 of the Revised Penal Code and opts to give a statement and present evidence for his
defense, the arresting officer shall ensure that the waiver made by the person arrested shall be in writing
and in the presence of his counsel of choice.
Distinction between Warrant of Arrest and Search Warrant
- Warrant of arrest is issued by a court or judge authorizing law enforcement to arrest a specific
individual and bring them before the court to face charges for a crime. This type of warrant is
typically issued when there is probable cause to believe that the individual has committed a crime.
- Search warrant is issued by a court or judge authorizing law enforcement to search a specific
location, such as a home or business, for evidence related to a particular crime. This type of
warrant is issued when there is probable cause to believe that evidence of a crime is likely to be
found at the location specified in the warrant.
Warrantless Arrest

- The 1987
Philippine
Constitution establishes stringent guidelines regarding arrests. According to Article III,
Section 2, a person may only be arrested based on a duly issued warrant, except in certain
specific situations.
The Rule 113 of the Revised Rules of Criminal Procedure outlines circumstances where
a warrantless arrest is permissible:
 In flagrante delicto - The person to be arrested has committed, is actually

committing, or is attempting to commit an offense in the presence of the arresting
officer.
 Hot pursuit - An offense has just been committed, and the arresting officer has
personal knowledge that the person to be arrested committed it.
 Escaped Prisoner - The person to be arrested is a prisoner who has escaped from a
penal establishment.
The Role of Probable Cause

- In the context of a warrantless arrest, “probable cause” refers to actual facts and
circumstances that would lead a reasonable person to believe that an offense has been or
is being committed by the person to be arrested.
- In warrantless arrests, probable cause is a critical factor that justifies law

enforcement's immediate action without obtaining a warrant. Here's how probable cause
functions of warrantless arrests:
1. Immediate Action - Probable cause provides a legal basis for law enforcement officers
to make an arrest without a warrant when there is a reasonable belief, based on specific
facts and circumstances, that a person has committed a crime. This allows officers to take
swift action to address potential threats or prevent the escape of a suspect.
2. Emergency Situations - In situations where waiting to obtain a warrant could result in

harm to individuals or the destruction of evidence, probable cause allows law
enforcement to act quickly and make a warrantless arrest. This exception is often referred
to as the "exigent circumstances" exception.
3. In the Officer's Presence - If a law enforcement officer directly witnesses a crime

being committed, probable cause is established in their presence, justifying an immediate
arrest without the need for a warrant.
4. Hot Pursuit - When a suspect is actively fleeing from the scene of a crime, probable
cause supports law enforcement in making a warrantless arrest in pursuit of the suspect to
prevent their escape.
In essence, probable cause serves as a legal standard that ensures there is a reasonable
basis for warrantless arrests, balancing the need for law enforcement action with the
protection of individual rights.
Right to Remain Silent and Right to Counsel
- the right to remain silent and the right to counsel are fundamental rights protected
under Article III, Section 12 of the 1987 Philippine Constitution. These rights aim to
ensure the fair treatment and protection of individuals during legal proceedings. Here's a
brief overview of
these rights:
1. Right
to Remain Silent - This right allows individuals, upon arrest or custodial investigation, to
refrain from answering questions that may potentially incriminate them. It prevents
compelled self-incrimination and aligns with the principle that no person should be
compelled to be a witness against themselves.
2. Right to Counsel - Individuals have the right to have a competent and independent
counsel present during any form of custodial investigation. This right ensures that the
accused has legal representation, providing guidance and protection throughout the legal
process.
- These rights are essential components of due process and contribute to the protection
of an individual's dignity and fair treatment within the criminal justice system. It's
important for individuals to be aware of and assert these rights when interacting with law
enforcement to safeguard their interests during legal proceedings.
Rule 126 of the Rules of Court(Search and Seizure)
Search Warrant – It is an order in writing issued in the name of the people of the Philippines,
signed by a judge and directed to a peace officer, commanding him to search for any property
described therein and bring it before the court.
Constitutional Basis: Art. III, Sec. 2, 1987 Constitution:
“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
search and the person or things to be seized.”
Scope of the prohibition: The prohibition against unreasonable searches and seizures is imposed
only upon the government and its agencies tasked with the enforcement of the law. It does not
extend to acts committed by private individual.
Nature of Right against unreasonable search. and seizure: The right against unreasonable
searches and seizures is personal; it may be invoked only by the person entitled to it.
Waiver of the right against unreasonable searches ans seizures may be express or implied, but
only by the person whose right is invaded, not by one who is not duly authorized to effect such
waiver. Requisites for Issuance of Search
Warrant – A search warrant shall be issued only upon probable cause in connection with one
specific offense to be determined personally by the judge after examination under oath or
affirmation of the complainant and the witnesses he may produce, and particularly describing
the place to be searched and things to be seized.
The following are the properties subject to seizures:
a. Properties which are the subject of the offense;

b. Stolen, embezzled proceeds, or fruits of the offense;
c. Objects including weapons, equipment, and other items used or intended to be used as
the means of committing an offense;
d. Objects that are illegal
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- Properties
subject to seizure typically include assets or items that are involved in or connected to criminal
activities. The specific types of properties that can be seized may vary by jurisdiction and the
nature of the offense, but common examples include:
1. Contraband - Items that are illegal to possess, such as illegal drugs, counterfeit goods, or
illegal weapons.
2. Proceeds of Crime - Money or assets obtained through criminal activities, such as the profits
from drug trafficking, fraud, or other illicit enterprises.
3. Assets Used in Crimes - Property, vehicles, or other assets used to facilitate criminal
activities, like vehicles used in drug trafficking or real estate purchased with illicit funds.
4. Instruments of Crime - Tools or items used to commit crimes, such as burglary tools, illegal
gambling devices, or equipment used for counterfeiting.
5. Forfeiture of Illegally Gained Assets - In some cases, authorities may seek the forfeiture of
assets gained through criminal activities, even if the specific property isn't directly linked to a
particular crime.
Application for Search Warrant – All application for search warrant shall be approved by a
duly designated officer. The application shall be recorded in a logbook.
- The application of a search warrant involves a legal process by which law enforcement
requests permission from a judge or magistrate to conduct a search of a specific location for
evidence related to a crime. Here are the general steps involved in the application of a search
warrant:
1. Affidavit - Law enforcement officers or investigators compile a written affidavit that
provides detailed information about the crime being investigated, the specific location to be
searched, and the evidence sought. The affidavit aims to establish probable cause for the search.
2. Probable Cause - The affidavit must demonstrate to the issuing authority (judge or
magistrate) that there is a reasonable belief, based on specific facts and circumstances, that a
crime has been committed and that evidence of that crime is likely to be found at the specified
location.
3. Review by a Judge or Magistrate - The affidavit is presented to a judge or magistrate, who
reviews the information provided to determine if there is sufficient probable cause to issue a
search warrant. The judge may ask clarifying questions or request additional information.
4. Warrant Issuance - If the judge or magistrate finds that probable cause exists, they issue a
search warrant. The warrant authorizes law enforcement to enter the specified location and
conduct a search for the specified items or evidence.
5. Execution of the Search Warrant - Law enforcement officers carry out the search according
to the terms outlined in the search warrant. They must adhere to the particularity requirements,
ensuring that the search is focused on the specified location and items.
The application shall indicate the following data:

a. Office applying for the search warrant;
b. Name of officer-applicant;
c. Name of the subject, if known;
d. Address/place(s) to be search;
e. Sketch of the place to be searched.
Prohibited Acts in the Conduct of Search
a. 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, the presence of
two (2) witnesses of
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in the same
locality.
b. Lawful personal properties, papers and other valuables not specifically indicated or
particularly described in the search shall not be taken.
Validity of Search Warrant – The search shall be valid for ten (10) days from the date of
issuance. Thereafter, it shall be void. Receipt for the
Property Seized – The officer seizing property by virtue of the warrant shall give a detailed
receipt for the same to the lawful occupant of the premises in whose presence the search and
seizure was made, or in the absence of such occupant, shall in the presence of at least two (2)
witnesses of sufficient age and discretion residing in the same locality; leave a receipt in the
place in which he found the seized property in the absence of the lawful owner.
Valid Warrantless Searches and Seizures –

a. Search incidental to lawful arrest.
b. Search of moving vehicle.
c. Secure of goods concealed to avoid duties.
d. Plain view search and seizure.
e. Consented search. f. Stop and Frisk.
g. Administrative search.
h. Private searches.
i. Border searches.
j. Checkpoints
Procedures
Admittance to the place of directed search:
The officer, upon reaching the place of directed search, must give notice of his purpose and
authority to conduct the search to the lawful occupant of the place
If the officer is refused admittance, he may break open any outer or inner door or window of a
house or any part of a house or anything therein to execute the warrant or liberate himself or
any person lawfully aiding him when unlawfully detained therein. (Rule 126, Sec. 7
Conduct of Search
Upon admittance, the officer must conduct the search in the presence of the lawful
occupant of the premises or any member of his family, or in the absence of the latter, two
witnesses of sufficient age and discretion residing in the same locality. (Rule 126, Sec. 8)
Failure to comply with the requirement invalidates the search. (People v. Gesmund.
Time of making search — The warrant must direct that it be served in the day time, unless the
affidavit asserts that the property is on the person or in the place ordered to be searched, in
which case a direction may be inserted that it be served at any time of the day or night.
Seizure of property and issuance of receipt for the property seized
Once the property described in the warrant has been found and seized, the officer must
give a detailed receipt for such property to the lawful occupant of the premises. In the absence
of such occupant, the officer must leave a receipt in the place in which he found the seized
property in the presence of
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discretion
residing in the same locality. (Rule 126, Sec. 11)
Delivery of property and inventory to the court
The officer must then make a return on the warrant and deliver forthwith the property
seized to the judge who issued the warrant, together with a true inventory thereof duly verified
under oath. The judge shall ascertain whether the seizing officer complied with Rule 126, Sec.
11 (as regards issuance of the detailed receipt)
The return of the search warrant shall be filed and kept by the custodian of the log book
on search warrant who shall enter therein the date of the return, the result, and other actions of
the judge. (Rule 126, Sec. 12)
A violation of these requirements shall constitute contempt of court. (Rule 126, Sec. 12)
Search incident to a lawful arrest:
As a general rule, as an incident of an arrest, the place of premises where the arrest was made
can also be searched without a search warrant. (Nolasco v. Cruz-Pano)
- Sec. 12. Search without warrant of person arrested.—A person charged with an offense may
be searched for dangerous weapons or anything which may be used as proof of the commission
of the offense.
A. DIFFERENT TYPES OF SEARCHES
Permissible Area of Search;

(1) Person of the accused;
(2) Premises or surroundings within the accused’s immediate control.
- The permissible area of search refers to the extent to which law enforcement officers are
authorized to search when executing a warrant.
- Generally, they are allowed to search only the specific areas and items specified in the
warrant, unless they have probable cause to believe that additional evidence related to the crime
they are investigating is present in other areas within the scope of the warrant.
Purpose:
(1) A weapon held by the arrested person may be turned against his captor; and
- This statement suggests a potential risk inherent in the situation where a person is being
arrested while still in possession of a weapon.
- If the arrested person is not properly secured or disarmed, there is a possibility that they could
use the weapon against the arresting officer or anyone else present.
- This underscores the importance of proper protocol and caution during arrests to ensure the
safety of all parties involved.
- Captor" typically refers to a person who has captured or detained another individual, often
against their will. It can also refer to someone who has seized control or possession of
something, such as an object or a territory.
(2) The accused may destroy the proof of the crime if the arrested officer has to first apply for a
search warrant.
- If the accused knows they are about to be arrested and suspects that incriminating evidence is
present at a certain location, there's a risk that they might attempt to destroy or conceal that
evidence before law enforcement officers can obtain a search warrant.
- This delay in obtaining a warrant could provide the accused with a window of opportunity to
dispose of or hide the evidence, potentially obstructing the investigation and impeding justice.
- By requiring officers to
first obtain a search warrant
COLLEGE OF CRIMINAL JUSTICE EDUCATION before conducting a

search, it
ensures that searches are conducted within the boundaries of the law and protects individuals'
rights to privacy.
- However, this procedural step also means that there could be a delay in accessing potential
evidence, during which time the accused might take actions to eliminate or tamper with it.
- The delicate balance between protecting individuals' rights and enabling law enforcement to
effectively investigate and prosecute crimes.
- It underscores the importance of swift and efficient procedures in the criminal justice system
to minimize the risk of evidence destruction while still upholding legal standards and
constitutional rights.
- You arrested a person without a warrant in the first floor of his house. Can you search the
second floor without a search warrant?
No. The Nolasco v. Pano ( 139 SCRA 152 ) ruling was reconsidered in Nolasco v. Pano ( 147
SCRA 509) which held that a warrantless search made as an incident to a lawful arrest is to be
strictly applied and absolutely limited only to a search of the person and of the place where the
arrest was made.
 Generally, if an individual is arrested without a warrant on the first floor of their house, law
enforcement officers typically cannot search the second floor without obtaining a separate
search warrant specifically authorizing the search of that area. The arrest of the individual on
the first floor does not automatically grant permission to search other areas of the house,
unless there are exigent circumstances or other legal exceptions apply.
- Exigent circumstances could include situations where there is an immediate threat to safety or
the risk of evidence being destroyed if officers wait to obtain a warrant. However, absent such
circumstances, officers would typically need to obtain a separate warrant to search areas
beyond where the arrest occurred.
Consensual/Consented Searches
The requisites for a valid waiver or consented search are as follows:
(1) The constitutional right exist;
- "constitutional right" is a right guaranteed or protected by a country's constitution.
(2) The person involved had either actual or constructive knowledge of such right; and
- it means the person either knew about the right directly or should have known about it based
on the situation.
(3) There was an actual intention to relinquish the right
- it means the person deliberately chose to give up or waive the right.
Plain view:
- "Plain view" refers to a legal principle that allows law enforcement officers to seize evidence
or contraband that is clearly visible to them while they are lawfully present in a particular
location.
- If an item is in plain view and its incriminating nature is immediately apparent to the officer,
they may seize it without a warrant.
- This principle is based on the idea that individuals do not have a reasonable expectation of
privacy in items or activities that can be easily seen by others in public or in locations where
they have no legitimate expectation of privacy.
- However, the plain view doctrine has certain limitations and conditions, including the
requirement that officers must have a lawful right to be in the location where they observe the
evidence and that the discovery of the evidence must be inadvertent or unplanned.
Requisites for a valid warrantless search under the plain view doctrine:
(1) Prior valid intrusion
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which the police
are legally present in the pursuit of their official duties;
- it means a previous lawful entry by the police based on a valid warrantless arrest, where they
are legally present while performing their official duties.
(2) The evidence was inadvertently discovered by the police who have the right to be where
they are;
- it means the police found the evidence by accident while being in a place where they had the
right to be.
(3) The evidence must be immediately apparent;
- it means the evidence must be immediately obvious or easily seen.
(4) Plain view justified the seizure of the evidence without any further search; (5) The thing
itself is illegal or prohibited.
- it means the item itself is illegal or prohibited, justifying its seizure without any additional
search.
The plain view doctrine is not applicable in cases wherein the subject items are not illegal per
se, e.g. Boy Scout uniforms that are suspected to be counterfeit items.
Checkpoints and Roadblocks: In the case of Valmonte v. De Villa (178 SCRA 211; 1989), it
was held that a warrantless search at a checkpoint or roadblock is valid for as long as the
vehicle is subjected to a mere visual search, and the occupants are not subjected to a body
search.
- the ruling states that a warrantless search at a checkpoint or roadblock is allowed as long as
it's only a visual inspection of the vehicle, and no body search of the occupants is conducted.
B. Distinction between search and seizure

A search involves law enforcement officers going through part or all of
individual's property, and looking for specific items that are related to a crime that they
have reason to believe has been committed.
- is that a search involves looking for evidence or contraband
A seizure happens if the officers take possession of items during the search.
- a seizure involves taking possession of evidence or contraband found during the search.
3. Rule 110 of Rules of Court (Prosecution of Offenses)

(a) For offenses where a preliminary investigation is required pursuant to section 1 of
Rule 112, by filing the complaint with the proper officer for the purpose of
conducting the requisite preliminary investigation.
- it means submitting a complaint to the appropriate officer to initiate the necessary
preliminary investigation as required by Rule 112, Section 1.
(b) For all other offenses, by filing the complaint or information directly with the
Municipal Trial Courts and Municipal Circuit Trial Courts, or the complaint
with the office of the prosecutor. In Manila and other chartered cities, the
complaint shall be filed with the office of the prosecutor unless otherwise
provided in their charters.
- for most offenses, you can either file a complaint directly with the local trial courts or
with the prosecutor's office. In cities like Manila, you usually file with the
prosecutor, unless their charters say otherwise.
The institution of the
Email add: criminologydept20@gmail.com criminal
action shall interrupt the running period of prescription of the offense

charged unless otherwise provided in special laws. (1a)
4. Principles of Law Enforcement Operations
GENERAL PRINCIPLES Regardless of the type of function to be performed and/or police
operations to be conducted, all PNP personnel must know by heart and shall comply with and
apply the following principles and procedures:
RULE 1. FUNCTIONS OF A POLICE OFFICER

1.1To Serve and Protect. The responsibility of every police officer is to serve the public and
protect life and property. No police operation shall be conducted in order to serve or protect the
illegal activity of a particular person, group or criminal syndicate.
1.2To Observe Human Rights and Dignity of Person .All PNP personnel shall respect the
human rights and dignity of the suspect/during police operations.
RULE 2. POLICE UNIFORM, ATTIRE AND ACCESSORIES

2.1. Agency Prescribed Uniform. A police officer shall always wear the agency prescribed
uniform which is appropriate for the kind of police operation to be undertaken.
2.2. Appearing Before the Public. When wearing the police uniform, a police officer shall, at all
times, appear presentable, smart and well-groomed. While on actual patrol duties, he shall
refrain from eating along the sidewalks, smoking and reading newspapers.
RULE 2. POLICE UNIFORM, ATTIRE AND ACCESSORIES
2.3. Carrying of Police Notebook, Pen and Miranda Warning Card. Every police officer on
patrol, whether on board a vehicle or on foot patrol, must always carry with him a police
notebook, a pen and the Miranda Warning Card. The notebook, which is approximately pocket-
sized, will be used to inscribe important events that transpire during his tour of
duty.2.4Carrying of Non-Lethal Weapon in the Police Rig Every police officer shall carry in his
prescribed rig a non-lethal weapon (pepper spray, baton or stun gun), which shall be primarily
used in a non-armed confrontation with an uncooperative and unruly offender during the arrest.
RULE 3. CATEGORIES OF POLICE OPERATIONS• Police operations are categorized as
follows:
3.1. Public Safety Operation – includes Search, Rescue and Retrieval Operations, Fire Drills,
Earthquake Drills and similar operations that promote public safety.
3.2. Law Enforcement Operation – includes Service of Warrant of Arrest, Implementation of
Search Warrant, Enforcement of Visit orial Powers of the Chief, Philippine National Police and
Unit Commanders, Anti-Illegal Drugs Operation, Anti-Illegal Gambling Operations, Anti-
Illegal Logging Operations, Anti-Illegal Fishing Operations, Anti-Carnapping Operations, Anti-
Kidnapping Operations, Anti-Cyber Crime Operations and similar operations that are
conducted to enforce laws, statutes, executive orders and ordinances.
3.3 Internal Security Operation – includes Counter-Insurgency Operations, Counter Terrorist
Operations and similar operations that are conducted to ensure internal security.
3.4. Special Police Operation – includes Checkpoint Operation, Roadblock Operation, Civil
Disturbance Management Operation, Police Assistance in the Enforcement of Demolition
Eviction Injunction and Similar Orders, Police Assistance in the Implementation of Final Court
Order and Order from Quasi-Judicial Bodies, Hostage Situation, Visit Board Search and
Seizure Onboard Marine Vessels and similar police operations that are conducted by police
units with specialized training on the peculiarity of the mission or purpose.
3.5. Intelligence Operation – includes Surveillance Operation, Counter Intelligence, Intelligence
Research, Intelligence Assessment and similar police intelligence operation conducted to gather
information related to security, public safety and order.
3.6. Investigation
Operation – includes
COLLEGE OF CRIMINAL JUSTICE EDUCATION Investigation of

Crime or
Incident, Administrative Investigation and similar investigative work necessary to determine
facts and circumstances for fi ling cases criminally oradministratively.
3.7. Scene of the Crime Operation (SOCO) – includes the processing of crime scene, technical
and forensic examination of evidence and similar scientific investigative assistance.
How Operational plans are executed in the PNP?

The plans are made, same shall be put into operation and the result thereof evaluated accordingly.
Operations in the PNP shall be directed by the police commander to attain the following objectives:
(1) protection of persons and property; (2) preservation of peace and order; (3) prevention of crimes;
(4) repression of suppression of criminal activities; (5) apprehension of criminals; (6) enforcement of
laws and ordinances and regulations of conduct; (8) prompt execution of criminal writs and processes
of the courts; and (9) coordination and cooperation with other law enforcement agencies.
Prevention of Crimes – This activity requires the members of the PNP to mingle with the members
of the community where criminal activities originate and bred and criminalistic tendencies of
individuals are motivated to indulge in anti-social behavior; and seek to minimize the causes of crime.
This activity or mission also requires the individual members of the PNP to understand the people and
the environment in which they live.
Repression or Suppression of Criminal Activities – This activity or mission emphasizes the
presence of an adequate patrol system including the continuous effort toward eliminating or reducing
hazards as the principal means of reducing the opportunities for criminal action. The saying “the
mouse will play while the cat is away” is equally true in law enforcement and in public safety. The
presence of a policeman in uniform would be deterred or discouraged the would-be criminal or would
-be offender-regulations. Crime repression means the elimination of the opportunity that exists on the
part of the would-be criminal to commit a crime.
Preservation of Peace and Order – This activity or mission requires the individual members of the
PNP to gain the sympathy of the community to close ranks in combating crimes and any other anti-
social behavior of the non-conformists of the law and order. The community, therefore, should be
informed through proper education, of their share and involvement in law enforcement and public
safety. Protection of Lives Properties – The responsibilities of the members of the PNP in providing
for the safety and convenience of the public are analogous with those of the doctor. The doctor
protects life by combating diseases while the PNP promotes public safety of accidents and in guarding
the citizens public safety by the elimination of hazards of accidents and in guarding the citizens
against the attacks of the bad elements of the society. The policeman though, has a collateral
responsibility in his obligation to protect life and property – a responsibility that is fundamental to
every duty he performs. The police have the obligation to preserve the citizen’s constitutional
guarantees of liberty and the pursuit of happiness.
Enforcement of Laws and Ordinances - these activities and mission requires the members of the
PNP to constructively integrate or enforce and implement the laws of the land and city/municipal
ordinances without regard to the personal circumstances of the individual citizens and any other
persons sojourning in the Philippines. This is to provide tranquility among members of society. These
also include the regulations of non-criminal conduct, specifically to obtain compliance through
education of the public in the dangers inherent in the disobedience of regulations. This makes use of
warnings, either oral or written, which informs the citizen but not to personalize.
Apprehension of Criminals –
this activity defines specifically
COLLEGE OF CRIMINAL JUSTICE EDUCATION the power of the police as

possessed by every
member of the integrated police, as a means to discourage the would-be offender. The consequence of
arrest and prosecution has a deterrent effect intended to make crime or any unlawful act less
worthwhile. Consequently, apprehension and the imposition of punishment for the corresponding
unlawful act are committed, lessens repetition by causing suspects to be incarcerated, and provides an
opportunity for reformation of those convicted by final judgment. This activity also includes the
recovery of stolen property in order to restrain those who are accessories to the crime and thereby
benefiting from the gains of crime.
Coordination and Cooperation with other Agencies – This activity requires the duty of a
commander of any unit of the PNP and its unit subordinates to establish report or good relationship
with other law enforcement agencies of the government. Through rapport, a police station commander
and his subordinate’s be able to maintain a harmonious working relationship with other law
enforcement agencies of the government whereby coordination and cooperation between them maybe
established. Coordination is an essential conduct of command.
Safeguard Public Health and Morals – This involves many activities or mission peripheral to basic
law enforcement and public safety. Such as for instance, sanitation, search and rescue operations,
licensing, inspection of buildings in order to determine whether or not the Presidential Decree on fire
prevention is strictly obeyed. This also includes supervising elections, escorts duties, civic actions,
and many other activities or missions related to law-enforcement and public safety.
FIELD OPERATIONS: How planning affects them?
Field Operations shall be directed by the police commander and the subordinate commanders and the
same shall be aimed at the accomplishment of the following primary tasks more effectively and
economically:
Patrol – The patrol force shall accomplish the primary responsibility of safeguarding the community
through the protection of persons and property, the preservation of the peace, the prevention o crime,
the suppression of criminal activities, the apprehension of criminals, the enforcement of laws and
ordinances and regulations of conduct, and performing necessary service and inspections.
Investigation – The basic purpose of the investigation division unit shall be to investigate certain
designated crimes and clear them by the recovery of stolen property and the arrest and conviction of
the perpetrators. To this end, the investigation division shall supervise the investigation made by
patrolman and undertake additional investigation as may be necessary of all felonies.
Traffic Patrol – Police control of streets ort highways, vehicles, and people shall facilitate the safe
and rapid movement of vehicles and pedestrians. To this end, the inconvenience, dangers and
economic losses that arise from this moment, congestion, delays, stopping and parking of vehicles
must be lessened. Control of traffic shall be accomplished in three (3) ways:
a. Causes of accidents and congestion shall be discovered, facts gathered and analyzed for this
purpose;
b. Causes shall be remedied;
Email add: criminologydept20@gmail.com charges shall be made in physical
COLLEGE OF CRIMINAL JUSTICE EDUCATION condition that create
hazards, and
legislation shall be enacted to regulated drivers and pedestrians; and
c. The public shall be educated in the provisions of traffic and ordinances. Motorists and pedestrians
shall be trained in satisfactory movement habits, and compliance with regulations shall be obtained by
enforcement. The police shall initiate action and coordinate the efforts of the agencies that are
concerned in the activities.
Vice Control – it shall be the determinant of the PNP in the control of vices to treat vice offenses as
they shall do to any violation, and exert efforts to eliminate them, as there attempt to eliminate
robbery, theft, and public disturbance. Control of vice, shall be based on law rather than on moral
precepts, and intensive operations shall be directed towards their elimination. A primary interest in
vice control results from the close coordination between vice and criminal activities. Constant raids of
known vice dens shall be undertaken.
Juvenile Delinquency Control – effective crime control necessitates preventing the development of
individuals as criminals. The police commander shall recognize a need for preventing crime or
correcting conditions that induce criminality and by rehabilitating the delinquent.
STANDARD OPERATING PROCEDURES (SOPs)
Standard Operating Procedures or SOPs are products of police operational planning adopted by the
police organization to guide the police officer5s in the conduct of their duties and functions,
especially during field operations.
The following are Police Security Service Package of the PNP with the following standard operating
procedures and guidelines:
a. SOP #01 – POLICE BEAT PATROL PROCEDURES – This SOP prescribes the basic procedures
to be observed by all PNP Units and mobile patrol elements in the conduct of visibility patrols.
b. SOP #02 – BANTAY KALYE – This SOP prescribes the deployment of 85% of the PNP in the
field to increase police visibility and intensifies anti-crime campaign nationwide.
c. SOP #03 – SIYASAT – this SOP prescribes the guidelines in the conduct of inspections to ensure
police visibility.
e. SOP #05 – LIGTAS (ANTI-KIDNAPPING) – with the creation of the Presidential Anti-
organization Crime Task Force (PAOCTF), the PNP is now in support role in campaign against
kidnapping in terms of personal requirements. SOP #05 sets forth the PNP’s guidelines in its fight
against kidnapping activities.
f. SOP #06 – ANTI-CARNAPPING – This SOP prescribes the conduct of an all-out and
sustained anti car napping campaign to stop/minimize car napping activities, neutralize syndicated car
napping groups, identify/prosecute government personnel involved in car napping activities, and to
effectively address other criminal activities related to car napping.
g. SOP #07 – ANTI-
TERRORISM –this prescribes the
COLLEGE OF CRIMINAL JUSTICE EDUCATION operational guidelines in

the conduct of
operations against terrorists and other lawless elements involved in terrorist activities.
h. SOP #08 – JOINT ANTI-BANK ROBBERRY ACTION COMMITTEE (ANTI-BANK
ROBBERY) – this SOP provides overall planning, integration, orchestration or coordination, and
monitoring of all efforts to ensure the successful implementation.
i. SOP #09 – ANTI-HIJAKING/HIGHWAY ROBBERY – this SOP sets forth the guidelines and
concepts of operations to be observed in the conduct of anti-highway robbery/hold-up/hijacking
operations.
j. SOP #10 – PAGLALANSAG/PAGAAYOS-HOPE – this SOP sets forth the concepts of
operations and tasks of all concerned units in the campaign against Partisan Armed Groups and loose
fire.
k. SOP #11 – MANHUNT BRAVO (NEUTRALIZATION OF WANTED PERSONS) – this SOP
sets forth the objectives and concept of operation tasks of all concerned units in the neutralization of
wanted persons.
l. SOP #12 – ANTI-ILLEGAL GAMBLING – this SOP sets forth the operational thrusts to be
undertaken by the PNP that will spearhead the fight against all forms of illegal gambling nationwide
m. SOP #13 – ANTI-SQUATTING – this SOP sets forth the concept of operation in the campaign
against professional squatters and squatting syndicates.
n. SOP #14 – JERICHO – This SOP prescribes the operational guidelines to be undertaken by the
National Headquarter (NHQ) of PNP in the establishment of a quick reaction group that can be
detailed with the office of the Secretary of Interior and Local Government (SILG), with personnel and
equipment requires of that reaction group supported by the PNP.
o. SOP #15 – NENA (ANTI-PROSTITUTION/VAGRANCY) – This SOP sets forth the operational
thrusts to be undertaken by the PNP that will spearheaded the fight against prostitution and vagrancy.
p. SOP #16 – ANTI-PORNOGRAPHY – This prescribes the guidelines to be followed by the tasked
PNP Units/Offices in enforcing the ban on pornographic pictures, videos and magazines.
q. SOP #17 – GUIDELINES IN THE CONDUCT OF ARREST SEARCH, AND SEIZURE – This
SOP prescribes the procedures and manner of conducting an arrest, raid, search and/or search of
person, search of any premises and the seizure of properties pursuant to the 1987 Philippine
Constitution, Rules of Court, as amended and updated decision of the Supreme Court.
r. SOP #18 – SCHEMATIC DIAGRAM OF SANDIGAN MASTER PLAN
s. SOP #19 – ANTI-ILLEGAL LOGGING
t. SOP #20 – ANTI-ILLEGAL FISHING
u. SOP #21 – ANTI-ILLEGAL DRUGS

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UNIVERSITY OF CAGAYAN VALLEY

(formerly Cagayan Colleges Tuguegarao)

COLLEGE OF CRIMINAL JUSTICE EDUCATION

R.A 7438(Rights of Persons Arrested, Detained or under Custodial Investigation)

Do you understand these right?

COLLEGE OF CRIMINAL JUSTICE EDUCATION day or night.

Arrest by virtue of a Warrant of Arrest –

When is a warrant of arrest not necessary?

- Preliminary investigation is a legal process conducted by law enforcement or prosecutors to

- Preliminary investigation is an inquiry or proceeding to determine whether there is sufficient

- preliminary investigation is required to be conducted before the filing of a compliant or

- The following may conduct preliminary investigations:

(a) Provincial or City Prosecutors and their assistants

COLLEGE OF CRIMINAL JUSTICE EDUCATION preliminary investigation,

Duties of Arresting Officer in Case of Arrest without a Warrant

COLLEGE OF CRIMINAL JUSTICE EDUCATION

Key points about inquest proceedings include:

Distinction between Warrant of Arrest and Search Warrant

COLLEGE OF CRIMINAL JUSTICE EDUCATION

 In flagrante delicto - The person to be arrested has committed, is actually

The Role of Probable Cause

- In warrantless arrests, probable cause is a critical factor that justifies law

2. Emergency Situations - In situations where waiting to obtain a warrant could result in

3. In the Officer's Presence - If a law enforcement officer directly witnesses a crime

Right to Remain Silent and Right to Counsel

Rule 126 of the Rules of Court(Search and Seizure)

Constitutional Basis: Art. III, Sec. 2, 1987 Constitution:

The following are the properties subject to seizures:

a. Properties which are the subject of the offense;

The application shall indicate the following data:

Prohibited Acts in the Conduct of Search

Valid Warrantless Searches and Seizures –

Admittance to the place of directed search:

Seizure of property and issuance of receipt for the property seized

Delivery of property and inventory to the court

A. DIFFERENT TYPES OF SEARCHES

Permissible Area of Search;

COLLEGE OF CRIMINAL JUSTICE EDUCATION before conducting a

B. Distinction between search and seizure

3. Rule 110 of Rules of Court (Prosecution of Offenses)

action shall interrupt the running period of prescription of the offense

RULE 1. FUNCTIONS OF A POLICE OFFICER

RULE 2. POLICE UNIFORM, ATTIRE AND ACCESSORIES

COLLEGE OF CRIMINAL JUSTICE EDUCATION Investigation of

How Operational plans are executed in the PNP?

COLLEGE OF CRIMINAL JUSTICE EDUCATION the power of the police as

FIELD OPERATIONS: How planning affects them?

STANDARD OPERATING PROCEDURES (SOPs)

COLLEGE OF CRIMINAL JUSTICE EDUCATION operational guidelines in

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