The Law on

POLICE USE OF FORCE:

A brief survey

NUP Romena R. Luciano

Overview

• Definition in general
• Constitutional provision
• Statutory provision
• PNP Manual of Operations
• PNP Guidebook on Human Rights based-Policing
• Related Literature
Definition

• The use of force, in the context of law enforcement, may be defined as the "amount of effort
required by police to compel compliance by an unwilling subject".
• Use of force doctrines can be employed by law enforcement officers and military personnel on
guard duty. The aim of such doctrines is to balance the needs of security with ethical concerns for
the rights and well-being of intruders or suspects. Injuries to civilians tend to focus attention on self-
defense as a justification and, in the event of death, the notion of justifiable homicide.

• Merriam-Webster’s Online Dictionary. The word reasonable (used as an adjective) also has several
meanings and synonyms. Included in this list are:
• being in accordance with reason, and
• not extreme or excessive.
• A few of the listed synonyms include: good, rational, logical, sensible, and sound.
International Rules on Police Use of Force
• Law of law enforcement rules
determine when use of force by
police or prison officers will be
lawful. The basic principles are
necessity and proportionality.
International human rights law
adds the principles of legality
and precaution.
• THE PRINCIPLE OF NECESSITY
• The police and other law enforcement officials may only
use force when it is necessary to do so for a legitimate
law enforcement purpose.
• When force may lawfully be used, that force shall
be only the minimum necessary in the circumstances.
• Once the necessity for force has ended (for example
when a suspect is handcuffed and is not resisting
arrest) no additional force may be used.
• THE PRINCIPLE OF PROPORTIONALITY
• Force shall only be lawful if it is proportionate to the
threat posed by a suspect and/or the harm that a law
enforcement official is seeking to avoid.
• Disproportionate force that could be necessary in the
circumstances is unlawful.
The Constitution of the Republic of the Philippines

ARTICLE III. Bill of Rights 

• SECTION 1. No person shall be deprived of life, liberty, or property without due process of
law, nor shall any person be denied the equal protection of the laws.
• SECTION 2. The right of the people to be secure in their persons, houses, papers, and
effects against unreasonable searches and seizures of whatever nature and for any
purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except
upon probable cause to be determined personally by the judge after examination under
oath or affirmation of the complainant and the witnesses he may produce, and particularly
describing the place to be searched and the persons or things to be seized.
• SECTION 4. No law shall be passed abridging the freedom of speech, of expression, or of
the press, or the right of the people peaceably to assemble and petition the government for
redress of grievances.
Revised Penal Code
ART. 11. Justifying circumstances.—The
following do not incur any criminal liability:
Anyone who acts in defense of his person or
rights, provided that the following
circumstances concur:
First. Unlawful aggression;
Second. Reasonable necessity of the means
employed to prevent or repel it;
Third. Lack of sufficient provocation on the
part of the person defending himself.
XXX
Any person who, in order to avoid an evil or
injury, does an act which causes damage to
another, provided that the following requisites are
present:
First. That the evil sought to be avoided actually
exists;
Second. That the injury feared be greater than
that done to avoid it;
Third. That there be no other practical and less
harmful means of preventing it.
Any person who acts in the fulfillment of a
duty or in the lawful exercise of a right or
office.
Any person who acts in obedience to an order
issued by a superior for some lawful purpose.
PNP Operations Manual
2.3. Carrying 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 arrest
Effecting Warrantless Arrest
XXX
7) No unnecessary force shall be used in making
an arrest
6.2. Use of Megaphones and Similar Instruments
During actual police intervention operations, the
Team Leader shall use peaceful means including
the use of megaphones or any other similar
instruments to warn or influence the
offenders/suspects to stop and/or peacefully give
up
6.3. Warning shots prohibited
The police shall not use warning shots during
police intervention operations
PNP Operations Manual
• Rule 7. Use of Force during Police
Operations
• 7.1. The excessive use of force during
police operation is prohibited. However in
lawful performance of duty, a police officer
may use necessary force to accomplish
his mandated tasks of enforcing the law
and maintaining peace and order.
• 7.2 Issuance of Verbal Warning
• The police officer must first issue a verbal
warning before he could use force against an
offender. As far as practicable, the verbal
warning shall be in dialect that is known to the
offender or in the national language.
• The police officer shall identify himself, his
intention, and what he wants the offender to
do.
• 7.3 Failure to issue verbal warning is
excusable in cases where threat to life or
property is already imminent, and there is no
other option but to use force to subdue the
offender
• Rule 8. Use of Firearm during Police • 8.2 Firing at Moving Vehicles Prohibited but
Operations with Exceptions
8.1 Use of Firearm When Justified • A moving vehicle shall not be fired upon except
when its occupants pose imminent danger of
The use of firearm is justified if the offender
causing death or injury to the police officer or
poses imminent danger of causing death or injury
any other person, and that the use firearm
to the police officer or other persons. The use of
does not create a danger to the public and
firearm is also justified under the doctrines of
outweighs the likely benefits of its non-use
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.
PNP Guidebook on Human Rights based-Policing
Adherence to Selected Human Rights Treaties

• 1966 Covenant on Civil and Political Rights (ICCPR) - State Party

• ICCPR Optional Protocol 1 - State Party
• 1984 Convention against Torture (CAT) - State Party
• Competence of CAT Committee to receive individual complaints - No
• CAT Optional Protocol 1 - State Party
Related Literature

• Aldridge, John. Officer’s Use of Force: The Investigative Process

• Davis, Kevin. Use of Force Investigations: A Manual for Law Enforcement.

• https://ncsheriffs.org/wp-content/uploads/Officers-Use-of-Force-The-Investigative-Process.pdf
 
• Perez, Sergio. Investigation of OCSD Use of Force Policies and Practices.

• https://oir.ocgov.com/sites/ocoir/files/2021-08/OIR%20UOF%20Policies%20and%20Practices%20Investigation%20Report%20
%28OCSD%29.pdf

• https://www.justice.gov/crt/addressing-police-misconduct-laws-enforced-department-justice
 
• https://www.policinglaw.info/country/philippines

• https://slate.com/news-and-politics/2017/06/the-supreme-court-suggests-cops-use-of-force-is-always-justified.html
End of presentation
Thank you