LEA4 Full Midterm Coverage101

URDANETA CITY
UNIVERSITY
COLLEGE OF CRIMINAL
Owned and operated by the City Government of Urdaneta
JUSTICE EDUCATION
REVIEWER FOR MIDTERM COVERAGE

Rule 7. USE OF FORCE DURING POLICE OPERATIONS
1.a Use of Excessive Force Prohibited
The excessive use of force during police operations is prohibited. However, in the 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.
1.b 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 the dialect that is known to the offender or in the national
language. The verbal warning shall consist of the following: the police officer identifying himself; his
intention; and what he wants the offender to do.
1.c Non-Issuance of Verbal Warning When Excusable
The failure to issue a verbal warning is excusable in cases where a threat to life or property is
already imminent, and there is no other option but to use force to subdue the offender.
1.d Use of Non-Lethal Weapon
When the suspect is violent or threatening, and that less physical measures have been tried and
deemed inappropriate, a more extreme, but the non-deadly measure can be used such as
baton/truncheon, pepper spray, stun gun, and other nonlethal weapons to bring the suspect under
control or effect an arrest.
1.e Application of Necessary and Reasonable Force
During a confrontation with an armed offender, only such necessary and reasonable force should be
applied as would be sufficient to overcome the resistance put up by the offender ; subdue the clear and
imminent danger posed by him; or to justify the force/act under the principles of self-defense, defense
of relative, or defense of stranger.
1.f Factors to Consider in the Reasonableness of the Force Employed
A police officer, however, is not required to afford offender/s attacking him the opportunity for a fair or
equal struggle. The reasonableness of the force employed will depend upon the number of aggressors,
nature, and characteristic of the weapon used, physical condition, size, and other circumstances to
include the place and occasion of the assault.
1.g Responsibility of the Police Officer in Charge of the Operation
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 an armed confrontation.
RULE 8. USE OF FIREARM DURING POLICE OPERATIONS

8.1 Use of Firearm When Justified
The use of a firearm is justified if the offender poses an imminentCFGT5 danger of causing death or
injury to the police officer or other persons. The use of a firearm is also justified under the doctrines of
self-defense, defense of a relative, and defense of a stranger.
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URDANETA CITY
UNIVERSITY
COLLEGE OF CRIMINAL
Owned and operated by the City Government of Urdaneta JUSTICE EDUCATION
8.2 Firing at Moving Vehicles Prohibited but with Exceptions

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 a firearm does not
create a danger to the public and outweighs the likely benefits of its non-use.
8.3 Parameters to be considered in Firing at Moving Vehicles
In firing at a moving vehicle, the following parameters should be considered:
a. The intent of the suspect/s to harm the police officer or other persons;
b. The capability of the suspect/s to harm with certainty the police officer or other persons; and
c. Accessibility or the proximity of the suspect/s from the police officer and other persons.
8.4 Filing of an Incident Report after the Use of Firearm
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.
8.5 Procedures after an Armed Confrontation
Immediately after an armed confrontation, the officer who is in charge of the operation
shall: a. Secure the site of confrontation;
b. Take photographs;
c. Check whether the situation still poses imminent danger;
d. Evacuate the wounded to the nearest hospital;
e. Ensure that all persons who died on the spot are not moved from their original position;
f. Arrested suspects should be kept in isolation;
g. Conduct debriefing on all involved PNP operatives;
h. Submit After-Operations Report; and
i. Ensure psychological stress counseling for all involved PNP operatives.
RULE 9. PATROL PROCEDURES

9.1 Patrol Guidelines
a. Observe precautionary measures and personal safety while on patrol;
b. Observe defensive driving and follow traffic rules and regulations;
c. Select routes that provide the best visibility;
d. Patrol members must be always on the look-out for indications of vices and other illegal activities on
their beat;
e. Patrol members must be knowledgeable of all conditions, events, and details of places on their beat;
f. Be observant of people, places, situations, or conditions and develop a suspicious attitude especially
if the subject appears to be slightly out of the ordinary;
g. Keep under close observation actions of juveniles, trouble makers/agitators, and the mentally
ill/retarded persons;
h. Be familiar, as much as possible, with known criminals/ ex-convicts residing in or frequenting the
patrol beat;
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UNIVERSITY
COLLEGE OF CRIMINAL
i. Be familiar with stay-in employees of business establishments on your beat;

j. Be on the alert for loiterers;
k. Keep watch on uninhabited homes;
l. Observe the practice of "shaking doors" of unguarded business establishments during a night patrol.
Check for signs of intrusion;
m. Establish a good rapport with the people on your beat;
n. Develop contacts by getting to know as many people as possible who can give factual information
about crime conditions on the patrol beat;
o. Use tact and persuasiveness when conducting spot inquiry or questioning individuals for
information;
p. When requiring identification from a suspicious person or any individual, avoid taking the wallet or
bag in which the cards/documents are placed. Let the individual remove and hand them to you;
q. When checking suspicious persons, places, buildings/ establishments, and vehicles especially during
night time, be prepared to use your service firearm. A flashlight should be held tightly away from the
body to avoid making you a possible target; and
r. Patrol members should avoid loitering in theatres, restaurants, and other recreational places.
9.2 Duties of Patrol Supervisors
a. In any operation, careful planning is a must to avoid waste of time, effort, and resources. Make a
patrol plan with the following details:
(1) Area Coverage: haven, ambush areas, and crime-prone areas;
(2) Organizational Detail of Personnel;
(3) Duration;
(4) Stand-by points; and (5) Route plan.
b. Designate and select the members of the patrol team/s;
c. Inspect the members of the patrol for completeness of uniforms, operational readiness, and all
government issued equipment (firearms, mobile car, radio, etc.) to ensure that these are well
maintained and properly used by the Patrol Officer;
d. Conduct briefing before dispatch by disseminating any orders, directives, or instructions from the
Chief of Police or higher authorities and new policy or guidelines being implemented by the PNP
Organization; e. Remind the patrol team about the strict observance of the PNP Operational
Procedures;
f. Strictly observe “Buddy System” during the patrol operations;
g. Render hourly report of location and situation through radio/telephone/cell phone to Police
Community
Precinct (PCP)/Station Headquarters Tactical Operation Center (TOC);
h. Render after-patrol report duly signed by detailed personnel. PCP Commanders shall collate and
submit significant details to the Station Patrol Supervisor, who in turn, will submit the same to the
Provincial/District
Patrol Supervisor; and
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UNIVERSITY
COLLEGE OF CRIMINAL
i. Conduct debriefing after the patrol to assess its conduct and make necessary corrective measures on
defects noted.
9.3 Duties of Patrol Officer
a. Attend the Roll Call Formation before his Tour of Duty for briefing and likewise attend
the after Tour of Duty formation for debriefing;
b. Patrol the assigned beats, observe and check suspicious people, structures/buildings,
compounds, and vehicles;
c. Observe and monitor public gatherings, prevent disorders and disperse unlawful
assemblies;
d. Inspect and/or conduct surveillance in various business establishments and other
installations and remove hazards to public safety;
e. Check suspicious vehicles (private, public, or commercial/delivery vehicles) along the
main roads/ highways in the course of their patrol;
f. Report occurrences and conditions which relate to crime, public peace, order, and safety;
g. Prevent crimes and arrest sighted law violators, assuring the public that peace is
preserved;
h. Conduct regular visitations, dialogues/consultations with the residents and other
stakeholders;
i. Assist personnel of responsible agencies/unit in facilitating the flow of traffic at busy
intersections/roads within his Area of Responsibility (AOR), assist and provide pedestrian
information such as directions and street locations;
j. Enforce city/municipal ordinances on liquor establishments and night clubs, cabarets,
and all houses of ill-repute;
k. Respond to calls, entertain complaints, initiate the investigation and protection of the
scene, and minimize the after-effects of accidents, fires, and other catastrophes;
l. Patrol Officers shall wear the prescribed patrol uniform; and
m. Patrol Officers must have the equipment necessary in the performance of their duty.
9.4 Guidelines and Procedures when Responding to Calls for Police Assistance
a. Gather and note down in the patrol officer’s logbook all available data as to the nature of
the calls, date, time, and name of the caller. It may be regular, urgent, or emergency in
nature.
b. The manner of approach will be dependent on the nature of the call, with haste/secrecy
or with/ without flashing lights and sirens.
c. Consider the pertinent factors like the time, traffic conditions, the possibility of greater
damage, and the neighborhood characteristics.
d. Stop the patrol car some distance from the scene.
e. Approach the scene on foot, in complete silence and exercising extreme caution.
f. Immediately attend to the injured, unless the other members of the patrol are in
immediate danger.
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COLLEGE OF CRIMINAL
g. Focus all efforts to arrest criminals; however, priority shall be given to aiding the injured.
h. Determine the crime committed, identify, and question briefly the victim/complainant
and possible witnesses at the scene.
i. If the suspects or criminals have fled the scene before the arrival of the patrol team,
immediately relay the composition, armament, appearance, and mode, and direction of
the escape of the suspects to the Operations Center for the conduct of dragnet
operations.
j. When responding to street fights/brawls, the patrol member should call for back-up
before intervening. If there are no injuries and insufficient corroborative statements
obtained to identify who started the fight, disperse the crowd and make complete notes.
k. Never treat calls or complaints of loud noises caused by barking dogs, drunks, appliances,
and parties as negligible or a nuisance.
l. When responding to calls for police assistance due to planted or found explosives, never
attempt to handle, move or lift the object. Instead, contact Operations Center and
request the Explosive Ordnance Disposal Team (EODT).
m. When responding to calls from owners of beer houses, bars or inns, or any other similar
establishments during night time, request the owner to put the lights on first before
entering the establishments.
n. Do not attempt to arbitrate and resolve conflicts/ differences between neighbors,
landlords/tenants, husband, and wife.
RULE 10. SPOT CHECKS/ACCOSTING AND PAT-DOWN SEARCHES

10.1 Grounds for Spot Check/Search
a. Spot Check/Accosting. The police officer may stop an individual for the purpose of conducting a
spot check/ accosting only when reasonable suspicion exists. Reasonable suspicion must be more than
just a hunch or feeling. In justifying the stop, the police officer must be able to point to specific facts
that, when taken together with rational inferences, reasonably warrant the stop. Such facts include, but
are not limited to, the following:
(1) The appearance or demeanor of the individual suggests that he is part of a criminal
enterprise or is engaged in a criminal act;
(2) The actions of the individual suggest that he is engaged in criminal activity;
(3) Questionable presence of the individual in the area;
(4) The subject is carrying a suspicious object;
(5) The suspect’s clothing bulges in a manner that suggests he is carrying a weapon;
(6) The suspect has been found in the time and place proximate to an alleged crime;
(7) The police officer knows the suspect's prior criminal record or involvement in criminal
activity; and
(8) The individual flees at the sight of a police officer.
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COLLEGE OF CRIMINAL
b. Body Frisk/Pat-Down Search. A police officer has the right to perform a pat-down search if the
individual has been legitimately stopped with reasonable suspicion and when the police officer has
reason to believe that the individual possesses weapon/s on his person and poses a threat to the police
officer's or another person's safety. Circumstances that may justify pat-down search:
(1) The type of crime believed to be committed by the subject, particularly crimes of
violence where the threat of use or use of a deadly weapon is involved;
(2) Where the police officer handles several suspects;
(3) The time of the day and the location where the pat-down search took place;
(4) Prior knowledge by the police officer of the suspect’s use of force and/or propensity to
carry deadly weapons;
(5) The appearance and demeanor of the suspect;
(6) Visual indications suggesting that the suspect is carrying a firearm or other deadly
weapon; and
(7) Whenever possible, pat-down searches should be performed by police officers of the
same gender.
10.2 Procedures and Guidelines
a. Spot Check/Accosting
(1) When approaching the individual, the police officer shall identify himself as a police
officer. If not in uniform, the police officer must identify himself by announcing his identity and
displaying an official identification card and/or badge.
(2) Police officers shall be courteous at all times but maintain caution and remain vigilant
for suspicious movements like attempting to retrieve a weapon, conceal or discard contraband,
or other similar actions.
(3) Before approaching more than one individual, police officers should determine whether
the circumstances warrant a request for back-up and whether the spot check/accosting can and
should be delayed until such back-up arrives.
(4) Police officers shall confine their questions as to the person’s identity, place of
residence, and other inquiries necessary to resolve the police officer’s suspicion. However, in no
instance shall a police officer hold a person longer than the period reasonably necessary to be
able to make these limited inquiries and to resolve suspicions.
(5) Police officers are not required to inform the person of his rights under the law (i.e.
Miranda Warning, Anti-torture law, etc.) unless the person is placed under arrest. b. Body
Frisk/Pat-Down Search
When reasonable suspicion justifies a pat-down search, the search should be performed with due
caution, restraint, and sensitivity. Pat-down searches should be conducted in the following manner:
(1) Whenever possible, pat-down searches should be conducted by at least two (2) police
officers, one to perform the search while the other provides a protective cover.
(2) Because pat-down searches are cursory in nature, they should be performed with the
suspect in a standing position, or with hands placed against a stationary object, and feet spread
URDANETA CITY
UNIVERSITY
COLLEGE OF CRIMINAL
apart. However, should an officer visually observe a weapon, a more secure search position may
be used like the prone (lying face down) position.
(3) In a pat-down search, officers are permitted only to feel the outer clothing of the
suspect. Police officers may not place their hands inside the pockets of the subject’s clothing
unless they feel an object that could probably be a weapon, such as a gun, knife, club, or the
like.
(4) If the suspect is carrying an object such as a handbag, suitcase, briefcase, sack, or other
similar items that may conceal a weapon, the police officer should not open the item but
instead put it in a place out of the suspect’s reach.
(5) If the external patting of the suspect’s clothing fails to disclose evidence of a weapon, no
further search may be made. If a weapon is found and the possession of which amounts to a
violation of the law, the police officer shall arrest the suspect and conduct a complete search of
his person.
10.3 Reporting after the Spot Check/Accosting or Pat-Down Search
If after conducting a spot check/accosting or pat-down search, the police officer has no basis for making
an arrest, he should record the facts of such spot check/accosting or pat-down search and forward a
report to the appropriate authority. If the spot check/accosting or pat-down search gives a justification
for a valid warrantless arrest, then an arrest shall be made
RULE 11. CHECKPOINTS

11.1 Authority to Establish Checkpoints
A checkpoint is a place where the police check vehicular/ pedestrian traffic to enforce circulation
control measures and other laws, orders, and regulations. The establishment of checkpoints must
always be authorized by the Head of Office of the territorial PNP Unit and manned by uniformed PNP
personnel. Other units directly involved in an operation may establish mobile checkpoints in
coordination with the Unit Commander in the area.
11.2 Composition
In the conduct of checkpoint, the checkpoint team shall be composed of, but not limited to, the
following:
a. Team Leader (TL) - shall lead and take responsibility in the conduct of checkpoint preferably
an officer with the rank of at least Police Inspector;
b. Spotter - PNP personnel who will point/profile suspected vehicle subject for checkpoint;
c. Spokesperson - TL or member who is in charge of communicating with the motorist’s subject
for checkpoint;
d. Investigation Sub-team - in charge of investigation and documentation of possible incidents in
the checkpoint to include the issuance of Traffic Citation Ticket (TCT) or Traffic Violation
Report (TVR); e. Search/Arresting Sub-Team - designated to conduct search, seizure,
and arrest, if necessary;
f. Security Sub-Team - tasked to provide security in the checkpoint area; and
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UNIVERSITY
COLLEGE OF CRIMINAL
g. Blocking/Pursuing Sub-Team - team tasked to block/ pursue fleeing suspects/vehicle.

11.3 Guidelines
a. Mobile checkpoints are authorized only when established in conjunction with ongoing
police operations. Only officially marked vehicles with blinkers turned on, if available, shall be
used in establishing mobile checkpoints.
b. Checkpoints are established to enforce circulation control measures, laws, orders, and
regulations, and when there is a need to arrest a criminal or fugitive from justice.
c. The composition of the personnel manning the checkpoint shall be left to the sound
discretion of the Team Leader (TL), with the consideration of a female PNP officer in the team
especially when there is an anticipated female suspect.
d. The minimum Police Checkpoint team should at least be composed of an 8-man
complement, with three verifiers, one spotter, one TL, one profiler, one rear security, and one
advance security.
e. The Team manning checkpoints must have immediate contact with the LGUs, Public
Attorney's Office (PAO) or any member of the Philippine Bar, and/or the media (for drug cases).
f. The Team should encourage the participation of, but not limited to, the Local
Government Units (LGUs), Civil Society Groups, Non-Governmental Organizations (NGOs),
business organizations, other civic groups, media, and other stakeholders during the conduct of
Police Checkpoint operations.
g. The participation of the civilians and the presence of the media in the conduct of
checkpoints must be confined only as observers to give police additional eyes and promote
transparency of activities in the area. h. All civic groups or organizations to include the media,
who are inclined to participate in police checkpoints, must be duly registered and accredited by
the PNP for such purpose.
i. PNP personnel manning the checkpoint must have a presentable appearance, wearing the
prescribed PNP uniform.
j. In Metro Manila and other major cities, police officers manning the checkpoints should not
wear Field Service Uniforms (FSU) or black fatigues in lieu of the PNP General Office Attire
unless the conduct of checkpoint is a result of a Hot Pursuit Operation or a High-Risk
Checkpoint.
k. As much as possible, the area where the checkpoints shall be established must be properly
lighted, with noticeable signage bearing the name of the PNP unit and the participating
organization/s visibly displayed in the checkpoint site, to prevent any apprehension from the
public of the existence of the same.
l. Due courtesy must be accorded to the motorists, traders, and commuters during the conduct
of checkpoints.
m. The spokesperson must greet the people subject for inspection, extend an apology for
the inconvenience, appeal for understanding, and state the reasons for the operation.
n.Except in the actual commission of crime during checkpoints or a hot pursuit operation, the
conduct of inspection of vehicle during a routine checkpoint is limited to a visual search and
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UNIVERSITY
COLLEGE OF CRIMINAL
therefore must be done with due respect to innocent passers-by, commuters, or bystanders
and be conducted in a manner that is of least inconvenience to the public. Searches, seizures,
and arrests made during checkpoints shall be within the ambit of the law.
o.Violations/Infractions of the law discovered during the checkpoint operation shall be
expeditiously disposed of following legal procedures.
p.The security of the PNP personnel, and most especially that of the civilians participating in the
checkpoint operation, must be given due consideration in the planning of the operation.
q.Only the security sub-team and blocking/pursuing sub-team members are allowed to display
high-powered firearms should be positioned where they can best provide security to the
Checkpoint team, including themselves.
r. Checkpoint personnel must not limit their task to law enforcement and crime deterrence.
s. The PNP operating units must provide their own logistical and financial requirements to avoid
soliciting support from the civilians for their personal or operational needs.
t. Police personnel assigned in the checkpoint shall not mulct, extort, or harass drivers,
passengers, and traders.
u.Voluntary offers of cash or in-kind from the traders/ motorists passing the checkpoint should
be refused because the offer might be misconstrued as a bribe.
v. The police and the civilian component must separately submit theirs After Checkpoint
Operation Report to their respective units or organization for proper evaluation of the efficacy
of the operation.
11.4 Procedure in the Conduct of Regular Police Checkpoint
a. Unit Commanders should inform Higher Headquarters (HHQs) Tactical Operations
Center (TOC) and coordinate with adjacent units, such as MPS, CPS, NSUs, Public Safety
Company Forces and other friendly forces, personally or through an official representative,
before commencing with the checkpoint to avoid mis-encounter and any untoward incident;
b. The TL shall brief the PNP personnel, as well as the civilian components present,
including the media regarding the proper conduct of the checkpoint and their assigned tasks
before their deployment;
c. The TL shall initially account for the PNP personnel and check if they are in the
prescribed uniform. PNP personnel conducting the checkpoint shall display their nameplates at
all times. If wearing a jacket, the flap of the jacket bearing their names should also be displayed.
Likewise, the equipment will include, but not limited to, the following:
(1) Marked Patrol vehicles;
(2) Firearms with a basic load of ammunition;
(3) Handheld and vehicle base radios;
(4) Flashlights;
(5) Megaphone; (6) Video camera; and
(7) Signage:
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COLLEGE OF CRIMINAL
(a) Warning signs: (e.g., Slowdown Checkpoint Ahead, Checkpoint 20 Meters Ahead, etc); and
(b) Information signs: Name of the Unit and TL.
d. The Spotter of the team will be pre-positioned in a place where he can best point/profile
suspected vehicles before their approach to the checkpoint;
e. Search/ Arresting Sub-Team shall flag down suspected vehicles and conduct search,
seizure, and arrest, if necessary;
f. In the event of seized drugs, the team having initial custody and control of the drugs
shall immediately conduct a physical inventory and photograph the same in the presence of the
accused or the person/s from whom such items were confiscated and/or seized, or his/her
representative or counsel, a representative from the media and DOJ, any elected public official
who shall be required to sign the copy of the inventory and be given a copy thereof;
g. Arrested persons and seized items shall be turned over to the investigation sub-team for
documentation and proper disposition;
h. If the checkpoint is ignored, and the occupants of the vehicle open fire on the personnel
manning the checkpoint, reasonable force to overcome the suspects' aggression may be
employed; i. Inform Higher Headquarters before terminating the conduct of Checkpoint;
j. The TL shall conduct debriefing of personnel after the termination of the Checkpoint; and
k. Unit Commander shall submit After-Activity Report to Higher Headquarters.
11.5 Procedure in the Conduct of On-the-Spot (Hasty) Checkpoints
a. PNP personnel conducting mobile patrols onboard patrol vehicles will initially man the
checkpoint, to be complemented by additional personnel upon arrival of reinforcement.
Collapsible signage with markings: "Stop, Police Checkpoint" if available, indicating also the
name of the concerned police office/unit conducting the operations, will be used for the
purpose;
b. In the case of PNP personnel conducting Internal Security Operation (ISO) or foot patrol,
where a vehicle and collapsible signage is not readily available, the checkpoint shall be
manned initially by said personnel;
c. The team shall immediately inform Higher Headquarters of the exact location of the hasty
Checkpoint to include personnel involved and available equipment;
d. In a hasty checkpoint, where there is a possibility of high-risk stop and high-risk arrest, and
there is an urgency for troop deployment and that public safety might be at risk, the
participation of the civilian component and the presence of the media in the checkpoint
operation shall not be allowed;
e. The Unit Commander of the personnel manning the hasty checkpoint shall immediately send
additional personnel, equipment, and signage to the area to convert the Hasty Checkpoint
into a Regular
Checkpoint; and
f. As soon as the Hasty Checkpoint is converted into a Regular Checkpoint, TL shall follow the
procedures under 11.4c of this Rule.
11.6 General Procedure to be followed when Checkpoints are ignored
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COLLEGE OF CRIMINAL
When checkpoints are ignored, the following shall be observed:

a. If checkpoints/roadblocks are ignored and the motorists/suspects bump the roadblock
in an attempt to elude arrest or avoid inspection, the TL shall immediately contact adjacent
units to inform them of the situation so that these units can conduct dragnet operation or police
defensive roadblock, while the members of the blocking/pursuing team shall block or pursue
the errant fleeing motorist;
b. Warning shots shall not be allowed due to the confusion it may create for the driver and
passengers of the vehicle. Megaphones or police sirens shall be used instead during the pursuit.
The plate number of the vehicle shall be noted and given to other units in adjacent areas to
prevent the possibility that the vehicle may elude the pursuit operation; and
c. If the occupants of the vehicle open fire on the personnel manning the checkpoint,
reasonable force to overcome the suspects' aggression may be employed.
11.7 Procedure in Flagging down or Accosting Vehicles While in Mobile Car
This rule is a general concept and will not apply in hot pursuit operations. The mobile car crew shall
undertake the following, when applicable:
a. Call Headquarters to provide information on the make or type and plate number of the motor
vehicle to be accosted and, if possible, the identity of occupants;
b. State the reason(s) for the planned intervention of the suspected motor vehicle;
c. Give the mobile car’s location and its direction before making actual intervention;
d. Try to get alongside the suspects’ vehicle and check the occupants without alarming them of
your purpose. You can even overtake the vehicle and wait for it at an advantageous location
before stopping the suspects’ vehicle;
e. Determine whether the suspects are hostile or not;
f. Make known to the suspect that you are after them through the use of a siren or megaphone;
g. Instruct the driver to pull over or stop on the side of the road;
h. Park behind the suspect’s vehicle at an appropriate distance and cautiously approach the
vehicle on the driver’s side;
i. If the vehicle’s windows are heavily tinted and the occupants cannot be seen, instruct the
driver to open all windows to have a clear view of the interior of the vehicle;
j. Instruct the driver to turn off the ignition if this was not done when the vehicle stopped; in
case of motorcycle instruct the driver to remove the key and disembark;
k. The other members of the team must be on guard for any eventuality while the vehicle is
being approached;
l. Talk to the driver most courteously and inform him of the nature of his violation. Demand to
see the driver's license, photocopies of the certificate of registration, and the official receipt.
Examine these documents and counter-check the driver on the information reflected therein;
use)
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UNIVERSITY
COLLEGE OF CRIMINAL
m. If it concerns traffic violations, immediately issue a Traffic Citation Ticket (TCT) or Traffic
Violation Report (TVR). Never indulge in prolonged, unnecessary conversation or argument
with the driver or any of the vehicle’s occupants;
n. In case of other violations that require the impounding of the vehicle, inform the driver
regarding this situation and instruct him to follow you, after issuing the TCT/ TVR; and
o. Before moving out, inform Headquarters regarding the situation/status and disposition of the
person and motor vehicle accosted.
11.8 Dealing with Hostile Situation
The following are the procedures to be followed in dealing with hostile drivers:
a. Stopping Vehicles
(1) Follow the procedure stated in paragraphs a to c of Rule 11.7;
(2) Immediately request for back-up;
(3) Follow the suspect and always keep him within visual range;
(4) Expect that the suspect will notice your action at any time. Be prepared for hot pursuit or
actual hostile confrontation;
(5) If the back-up is already in the vicinity, inform Headquarters that you are proceeding to
accost the suspect;
(6) Inform the suspects that you are after them through the use of a siren or megaphone and
instruct the driver to pull over or stop on the side of the street;
(7) Park at an appropriate distance behind the suspect’s vehicle;
(8) While the vehicle is being approached, the other members of the crew and back-up must be
on guard for any eventuality;
(9) If the vehicle’s windows are heavily tinted and the occupants cannot be seen, instruct the
driver to open all windows for a clear view of the vehicle’s interior;
(10) Direct the driver and other occupants of the vehicle not to make unnecessary
movements and to show their hands outside the car;
(11) Instruct the driver to turn off the ignition and toss the key to the ground. Demand to see
the Driver’s License and photocopies of the vehicle’s certificate of registration and the
official receipt; and
(12) If there are other suspects aside from the driver, separate them from one another. b.
Fleeing Vehicles
(1) If the motor vehicle did not stop despite the warning given, inform Headquarters or adjacent
units so that dragnet operations or police defensive roadblocks can be set-up;
(2) Inform Headquarters of the make or type, plate number, and color of the motor vehicle to be
accosted including the number of occupants and, if possible, their identity;
(3) State the reason(s) for flagging down the suspected motor vehicle;
(4) Give mobile car’s location and its direction before making actual intervention;
(5) When the vehicle of the suspect is cornered or stopped, instruct the driver and other
occupants in a clear and commanding voice to follow specifically what you will require of
them. Execute instructions on the use of reasonable force;
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(6) Instruct the driver to turn off the ignition and toss the key to the ground, open the door and
step out of the vehicle, then instruct him to place his hands-on top of the vehicle, or to move
towards you with his hands up;
(7) Instruct other occupants of the vehicle, if any, to come out one by one, and follow what the
driver has been instructed to do earlier;
(8) Arrest, handcuff and search the suspects and bring them to Headquarters for proper
disposition; and
(9) Before moving out, inform Headquarters about the situation, status, and disposition of the
suspects and motor vehicle accosted.
11.9 High-Risk Stop and High-Risk Arrest
a. Initial Stage
Upon receipt of information involving the movement of an armed person or persons, either singly or in a
group, including the unauthorized movement of government troops, or immediate response to a
reported commission of crime perpetrated by armed persons, the PNP shall immediately:
(1) Organize appropriate tactical security forces utilizing maximum firepower and armor
assets; (2) Deploy the security forces to stopping zones in a defensive position; and (3) Seal off
the area and establish strong roadblocks/ barricades.
b. Effecting a High- Risk Stop
When effecting high-risk stop, the police officer shall:
(1) Exert utmost effort to persuade the suspects to halt or stop their movement.
(2) Start with the procedural conduct of regular warrantless arrest where the arrest is
inevitable.
(3) Ensure proper documentation of the process.
(4) Respect the rights of all the persons involved.
c. During Violent Stage
The PNP shall strictly adhere to the PNP Operational Procedures (POP), particularly on the use of force.
11.10 Police Defensive Roadblock
Police Defensive Roadblock is a temporary installation or hastily built barricade set for halting traffic to
facilitate the apprehension/neutralization of an armed person/suspect on board a motor vehicle. a. Pre-
Conditions in Establishing Police Defensive Roadblocks:
A police defensive roadblock may be established in any of the following conditions/situations:
(1) The object vehicle/s must be the subject of a recent flash alarm;
(2) The driver/occupants of the vehicle are presumed hostile and will not stop at the checkpoint;
(3) The vehicle disregarded a police-established checkpoint when flagged down;
(4) The identified vehicle and occupants must be the subject of a police case/combat operational
plan;
(5) There is unauthorized troop movement; or
(6) There must be validated information on any of the following:
(a) On-going hot pursuit/police chase;
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(b) Movement of suspected armed persons on board a motor vehicle;

(c) Report of suspected armed men who have just committed a crime; (d) Vehicle carrying escaped
prisoner; or (e) Armed motorcycle-riding criminals.
b. Procedures in Establishing Roadblock:
(1) Before the Roadblock:
(a) Organize appropriate/sufficient police tactical security forces, utilizing maximum firepower and armor
assets (if any), with the following team composition:
i. Team Leader (TL) - shall lead and take responsibility in the conduct of roadblock preferably an
officer with the rank of at least Police Inspector;
ii. Forward observer/spotter - PNP personnel who will point/profile suspected vehicle subject
for roadblock;
iii. Spokesperson - TL or member who is solely in charge of communicating with the armed
suspects onboard a motor vehicle subject for roadblock;
iv. Sniper - to render the vehicle un-operational to avoid escape and provide firepower support
to neutralize armed and hostile suspects during fire-fight;
v. Investigation Sub-team - in charge of investigation and documentation of the roadblock;
vi. Search/Arresting Sub-Team – designated to conduct search, seizure, and arrest;
vii. Security Sub-Team - tasked to provide security in the roadblock area and ensure exclusion of other
vehicles and civilians not subject to roadblock; viii. Blocking/Pursuing Sub-Team – tasked to
block/pursue fleeing suspects/vehicle; ix. Medical Sub-Team – tasked to provide immediate medical
assistance if necessary;
x. Additional tactical personnel/team may be employed depending on the size of the hostiles;
and xi. Videographer – tasked to take videos of the entire roadblock operation.
(b) The Team Leader (TL) shall brief the elements/members of the Police Roadblock and perform the
following:
i. Inform the next higher Headquarters of the make or type and plate number of the motor
vehicle to be accosted, including the number and, if possible, the identity of the occupants;
ii. State the reason(s) for the planned intervention of the suspected motor vehicle; iii. Give
the exact location of the roadblock to include personnel involved, available equipment, and
marked vehicles;
iv. Coordinate with the Chief of Police and friendly forces who has territorial jurisdiction
over the area; and
v. Immediately contact adjacent units to inform them of the situation so that these units
can conduct dragnet operation, while the members of the blocking/pursuing team shall block or
pursue the fleeing suspects/ vehicle.
(c) Participating personnel in the roadblock must be in their prescribed uniform; and
(d) In a roadblock, since troop deployment is urgent and public safety is at risk, the participation of
civilian component and the presence of media in the roadblock shall not be allowed.
(2) During the Roadblock:
(a) Establish forward observers/spotters and rear checkpoint;
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(b) Deploy security forces in a strategic and defensive position;

(c) Establish a strong roadblock on selected strategic areas;
(d) Deploy road spikes or tire deflation system if available;
(e) Ensure that the whole intervention procedure is documented by the videographer;
(f) As much as possible, the area where the roadblock shall be established must be properly lighted with
noticeable signage bearing the name of the PNP Unit visibly displayed and at a safe distance from a
populated area to prevent collateral damage if a firefight ensues;
(g) Police car lights must be turned on at all times during the operation;
(h) Identify yourself-rank, name, and unit verbally and make known to the suspect/s that you are after
them through the use of a siren or megaphone;
(i) If the vehicle’s windows are heavily tinted and the occupants cannot be seen, instruct the driver to
open all windows to have a clear view of the interior of the vehicle;
(j) Instruct the driver to turn off the ignition (if this was not done when the vehicle stopped) and order
all the occupants to disembark, followed by their hands to be placed on top of the vehicle; (k) The
other members of the team must be on guard for any eventuality while the vehicle is being
approached;
(l) Intervention procedures upon stop of subject vehicle: Exert utmost effort to persuade the
suspects to halt or stop their movement;
i. Start with the procedural conduct of regular warrantless arrest where the
arrest is inevitable;
ii. Ensure proper documentation of the process; and iii.
Respect the rights of all the persons involved.
(m) Procedures when suspects open fire/engage the troops:
i. If the occupants of the vehicle open fire on the personnel manning the roadblock,
reasonable force to overcome the suspects’ aggression may be employed; ii. Use only necessary
force to neutralize suspects; iii. Prevent panic firing; iv. Prevent collateral damage; and v.
Account for the casualties.
(3) After the Roadblock:
(a) When suspect/s surrendered or is arrested:
i. Arrested persons must be apprised of their rights about the Miranda Doctrine; and
ii.An After-Roadblock Operations Report must be submitted to their respective units or
organization for proper evaluation of the efficacy of the operation.
(b) When suspects engage with troops:
i. Account for the casualties and give immediate medical assistance to the wounded; ii.
Protect/preserve the crime scene/ engagement area; and iii. Ensure proper
documentation of the process.
(c) Fleeing Vehicles:
i. If the motor vehicle did not stop and it evaded the roadblock despite the warning given, inform
Headquarters or adjacent units so that another roadblock can be set-up;
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ii.Fleeing vehicles shall not be fired upon except by a sniper but only to disable the vehicle; iii.
Inform Headquarters of the make or type, plate number, and color of the motor vehicle to be
accosted including the number of occupants and, if possible, their identity; iv. State the
reason(s) for flagging down the suspected motor vehicle;
v. Give mobile car’s location and its direction before making actual intervention; and
vi. Establish Hot Pursuit Operation.
YAHOO! No activities for the week!!!
Topic: Search and Seizure
General Guidelines
a. All arrests should be made only based on a valid Warrant of Arrest issued by a competent
authority, except in instances where the law allows warrantless arrest.
b. 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.
c. As a general rule, arrests can be made on any day of the week and at any time of the day or
night.
d. Only judges are authorized to issue Warrants of Arrest.

e. 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.
f. The following are immune from arrest:

(1) A Senator or Member of the House of the Representatives while Congress is in
session for an offense punishable by not more than six years of imprisonment; and
(2) Diplomatic Agents, Under the Vienna Convention on Diplomatic Relations.
1. Definition and Requisites for the Issuance of Search Warrant

A search warrant is a court order and process directing a law enforcement officer to search
designated premises, vehicles, or persons to seize designated items and account for any items so
obtained to the court which issued the warrant.
A valid search warrant must meet four requirements;
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1. The warrant must be filed in good faith by a law enforcement officer.
2. The warrant must be based on reliable information showing probable cause to search.
3. The warrant must be issued by a neutral and detached magistrate
4. The warrant must state specifically the place to be searched and the item to be seized.
2. Arrests without a Warrant

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;
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 his case is pending, or has escaped
while being transferred from one confinement area to another;
d. Where the accused released on bail attempts to leave the country without court permission;
e. Violation of conditional pardon, punishable under Article 159 of the Revised Penal Code as a case of
evasion of service of the sentence; and
f. Arrest following a Deportation Proceeding by the Immigration Commissioner against illegal and
undesirable aliens.
3. Authority of the Arresting Officer when Making an Arrest
a. 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.
b. Right of a police officer to break into building or enclosure – A police officer to make an
arrest, with or without a 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.
c. 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 therefrom, when necessary, to
liberate himself.
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d. 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 any time and in any
place within the Philippines.
4. Procedures
a. Serving of Warrant of Arrest
(1) Verify the validity of the warrant and request for an authenticated copy from the
issuing court;
(2) In serving the warrant, the police officer should introduce himself and show proper
identification;
(3) Make a manifestation of authority against the person to be arrested;

(4) If refused entry, the police officer may break into any residence, office, building, and
other structure where the person to be arrested is in or is reasonably believed to be
in, after announcing his purpose;
(5) The police officer need not have a copy of the warrant in his possession at the time
of the arrest. If the person arrested so requires, the warrant shall be shown to the
arrested person as soon as possible;
(6) Secure the person to be arrested and use handcuffs for the protection of the
arresting officer, other individuals, or the arrested person himself;
(7) Conduct a thorough search for weapons and other illegal materials on the person
arrested and surroundings within his immediate control;
(8) Inform the person to be arrested of his rights under the law (i.e. Miranda Warning
and Antitorture Warning);
(9) No unnecessary force shall be used in making an arrest;

(10) Confiscated evidence shall be properly documented with the chain of custody of
evidence duly and established;
(11) Bring the arrested person to the Police Station for documentation;
(12) Make a Return of Warrant to the court of origin, and;
(13) Deliver the arrested person to jail/prison upon the issuance of a commitment order
of the court.
b. Effecting Warrantless Arrest

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(1) Freeze or restrain the suspect/s;
(2) Make proper introduction as to identity and authority to arrest;

(3) Inform the arrested person of the circumstances of his arrest and recite the Miranda
Warning and Anti-torture Warning to him;
(4) Secure the person to be arrested and use handcuffs for the protection of the
arresting officer, other individuals, or the arrested person himself;
(5) Conduct a thorough search for weapons and other illegal materials on the person
arrested and surroundings within his immediate control;
(6) Confiscated evidence shall be properly documented with the chain of custody of
evidence duly and established;
(7) No unnecessary force shall be used in making an arrest; and
(8) Bring the arrested person to the Police Station for further investigation and
disposition.
5. Duties of the Arresting Officer
a. 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;
b. 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;
c. 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;
d. 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;
e. The person arrested, with or without a warrant, shall be informed of his constitutional
right to remain silent and that any statement he makes could be used against him. Also, he
has the right to communicate with his lawyer or his immediate family and the right to a
physical examination;
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f. A person arrested without a warrant shall be immediately brought to the proper Police
Station for investigation without unnecessary delay;
g. No torture, force, violence, threat, intimidation, or any other means which vitiate the
free will shall be used against an arrested person;
h. 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
i. 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.
6. Physical Examination of Arrested Person/Suspect
Before the 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 a physical examination. If the person arrested is female, she shall be
attended to preferably by a female doctor.
B. JUDICIAL AFFIDAVIT RULE
This Rule shall apply to all actions, proceedings, and incidents requiring the reception of
evidence before the court in place of the direct testimonies of witnesses to reduce the time needed for
completing their testimonies.
1 Application of Rule to Criminal Actions
This rule shall apply to all criminal actions where the maximum imposable penalty does not
exceed six years.
2 Contents of Judicial Affidavit
A judicial affidavit shall be prepared in the language known to the witness and, if not in English or
Filipino, accompanied by a translation in English or Filipino, and shall contain the necessary
data/information.
a. The name, age, residence or business address, and occupation of the witness;
b. The name and address of the lawyer who conducts or supervises the examination of the witness and
the place where the examination is being held;
c. A statement that the witness is answering the questions asked of him, fully conscious that he does so
under oath, and that he may face criminal liability for false testimony or perjury;
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d. Questions asked of the witness and his corresponding answers, consecutively numbered, that:
(1) Show the circumstances under which the witness acquired the facts upon which he testifies;
(2) Elicit from him those facts which are relevant to the issues that the case presents; and
(3) Identify the attached documentary and object evidence and establish their authenticity under the
Rules of
Court;
e. The signature of the witness over his printed name; and
f. A jurat or a proof that an oath was taken before an administering officer or a notary public.
3 Sworn Attestation of the Lawyer
The judicial affidavit shall contain a sworn attestation at the end, executed by the lawyer who conducted
or supervised the examination of the witness, to the effect that:
a. He faithfully recorded or caused to be recorded the questions he asked and the
corresponding answers that the witness gave; and
b. Neither he nor any other person then presents or assisting him coached the witness
regarding the latter's answers.
C. MAINTENANCE OF POLICE BLOTTER
1. Police Blotter
Each PNP operating unit shall maintain an official police blotter where all types of operational and
undercover dispatches shall be recorded containing the five “Ws” (who, what, where, when, and why)
and one “H” (how) of information.
A Police blotter is a logbook that contains the daily registry of all crime incident reports, official
summaries of arrests, and other significant events reported in a police station.
2. Police Blotter for Cases involving Women and Children
A separate Police Blotter, however, shall be maintained for crime incident reports involving violence
against women and children and those cases involving a child in conflict with the law to protect their
privacy according to Republic Act (RA) 9262 (Anti-Violence Against Women and Children Act of 2004) and
RA 9344 (Juvenile Justice and Welfare Act of 2006).
1. Crime Incident Reporting System (CIRS)

Each PNP operating unit shall also maintain and utilize the PNP Crime Incident Reporting System (CIRS),
an electronic reporting system that facilitates crime documentation, modernizes data storage, and
provides quick and reliable transmission of crime information from lower units and NOSUs of the PNP to
the National Headquarters at Camp Crame, Quezon City.
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2. Blotter Procedure
Before entry into the blotter book, the Duty Officer (DO) should first evaluate if the report is a crime
incident, arrest, or event/activity, which is for records purposes only. If the report is a crime incident, the
DO shall first accomplish the Incident Record Form (IRF) from which the entry in the blotter book and IRS
shall be extracted. All other reports shall be recorded directly to the blotter book.
D. UNIT CRIME PERIODIC REPORT (UCPER)

1 Purpose
To promote consistency in the recording of crime incidence, the PNP adopts a uniform procedure in
reporting and collecting crime data including cases reported to other law enforcement agencies that are
part of the Criminal Justice System.
2 Execution and Procedures
The Chief of Police is primarily responsible for the maintenance of accurate crime data. Accuracy and
integrity of crime recording processes must be ensured by the Chief of Investigation Section and Crime
Registrar.
3 Recording
a. Incident Reports
All crime incidents whether reported by the victims, witnesses, or third parties must be recorded in
the police blotter, even under the following circumstances.
(1) When the offender is ill and is unlikely to recover or is too senile or too mentally disturbed for
proceedings to take place;
(2) When the complainant or an essential witness is dead and the proceedings cannot be
pursued;
(3) When the victim or an essential witness refuses, or is permanently unable to stand as a
witness; and
(4) The victim or complainant or witness is a minor.

b. Reporting Jurisdiction
The police unit with the territorial jurisdiction where the crime was committed shall have the
primary responsibility to record and report the same. If a continuing crime is committed in various areas
of responsibility, it should be recorded and reported as a single crime by the unit taking cognizance of
the crime.
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E. BOOKING OF ARRESTED SUSPECTS

Booking of arrested suspects shall be undertaken to record and document the information
surrounding the arrest of the suspect.
1 Policy and Guidelines
The following policies and guidelines shall be adhered to by all PNP personnel involved in the booking of
arrested suspects:
a. General Policy
After arrest, a suspect is taken into police custody and “booked” or “processed”. During booking, the
following procedures shall be performed by designated police officers.
(1) Record the arrest made in the Police Blotter;
(2) Conduct pat-down or strip search of the suspect;
(3) Submit the suspect for medical examination;
(4) Take the criminal suspect’s personal information (i.e. name, date of birth, physical
characteristics, etc.);
(5) Record information about the suspect’s alleged crime;
(6) Perform a record search of the suspect’s criminal background;
(7) Fingerprint and photograph the suspect;

(8) Take custody of any personal property carried by the suspect (i.e. keys, purse), to be returned
upon the suspect’s release; and
(9) Place the suspect in a police station lock-up/holding cell or local jail.
b. Specific Functions, Responsibilities, and Procedures
The following are the functions, procedures, and responsibilities of the different personnel during the
booking of arrested suspects:
(1) Arresting Officer (AO):
(a) Upon arrest, the Arresting Officer (AO) shall immediately bring the suspect/s to the police station and
present the suspect/s to the Desk Officer (DO);
(b) The AO shall ask the Desk Officer to record in the police blotter the circumstances of the arrest as well
as the identity of the suspects and names of Arresting Officers (AO);
(c) The AO and the DO shall thereafter conduct a more thorough pat-down search of the suspects;
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(d) After the pat-down, the AO shall request the

(e) The AO shall receive the accomplished medical examination request form and then shall be
responsible for bringing/escorting the suspect/s to the government hospital referred to in the request
for the examination of the suspect/s;
(f) The AO shall receive the Medical Examination results from the government physician and then he
shall bring back the suspect/s to the police station and turn-over the suspect/s and the results of the
medical examination to the Duty Investigator (DI);
(a) Upon presentation by the AO of the arrested suspect/s to the DO, the Desk Officer (DO) shall log
and record the details of the arrest made and assign a blotter entry number to the arrest. The entry shall
include the name of the arresting officer and information as to the identity of the suspects and shall
contain the five (5) "W"s and one (1) "H" (Who, What, Where, When, Why, and How) of information as
well as the name of the government hospital where the suspect/s will be referred for medical
examination;
(b) After recording in the police blotter, the DO together with the AO shall conduct a redundancy
pat-down search of the suspect/s ; and
(c) The Desk Officer shall then prepare or accomplish PNP Booking Form (PNPBF)-1 "Request for
Medical Examination of the Arrested Suspect".
(3) Duty Investigator (DI):
(a) After medical examination, the Arresting Officer shall refer the suspect/s and the case to the
Duty Investigator (DI). The DI and the AO shall accomplish the PNP Booking Form-2 "Arrest and Booking
Form" and ensure that a copy of the results of the medical examination is attached to the booking form;
(b) The DI shall obtain personal information from each suspect and accomplish PNPBF-2 with the
help of the AO.
(c) The DI shall conduct a record check to determine if the arrested suspect/s have previous or
existing cases and/or standing warrant of arrest;
(d) The Duty Investigator shall not process suspects brought by the Arresting Officers who have not
undergone a medical examination in a government hospital;
(e) The DI shall ensure that Mug Shots or the photographic portrait of the suspects are taken in four
(4) different methods in accordance with the procedures.
(f) The Duty Investigator shall prepare a Turn-over Receipt Form (from Investigator to the Jailer)
known as PNP Booking Form;
(g) All personal valuables of the suspect that are not allowed to be brought inside the lock-up cell
will be collected by the Investigator and shall be turned over to the police station Property Custodian.
The Investigator shall prepare PNP Booking Form 4.
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(h) The DI shall also be responsible for ensuring that the suspects' fingerprints or ten prints are
taken by the Fingerprint Technician, using both the ten-print card and the PNPBF-2
(i) The DI must always inform the Desk Officer of the status of the case and the suspect so that
updates will be entered in the police blotter;
(j) The Investigator shall be responsible for preparing the necessary documents such as Affidavit-
complaint; affidavit of witness; booking and arrest report; a photocopy of recovered evidence if any; and
a letter of case referral to the Prosecutor's Office that should be signed by the Station Commander or
police station Officer on Duty with the former’s unavailability.
F. CUSTODIAL INVESTIGATION
1 Duties of the Police During Custodial Investigation
a. The arresting officer, or the investigator, as the case may be, shall ensure that a person arrested,
detained or under custodial investigation shall, at all times, be assisted by counsel, preferably of his own
choice;
b. The arresting officer, or the investigator, as the case may be, must inform the person arrested,
detained, or under custodial investigation of the following rights under the Miranda Doctrine in a
language or dialect known to and understood by him:
(1) That he has the right to remain silent;
(2) That if he waives his right to remain silent, anything he says can be used in evidence against
him in court;
(3) That he has the right to counsel of his own choice;

(4) That, if he cannot afford one, he shall be provided with an independent and competent
counsel; and
(5) That he has the right to be informed of such rights.

c. If the person arrested, detained, or under custodial investigation has opted to give a sworn
statement, the arresting officer, or the investigator, as the case may be, must reduce it in writing
d. The arresting officer must ensure that before the sworn statement is signed, or thumb-marked if
there is an inability to read and to write, the document shall be read and adequately explained to the
person arrested, detained, or under custodial investigation by his counsel of choice, or by the assisting
counsel provided to him, in the language or dialect known to him;
e. The arresting officer, or the investigator, as the case may be, must ensure that any extrajudicial
confession made by a person arrested, detained, or under custodial investigation shall be:
(1) In writing;
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(2) Signed by such person in the presence of his counsel; or

(3) In the latter’s absence, upon a valid waiver, and in the presence of any of the parents, elder
brothers and sisters, his spouse, the municipal mayor, the municipal judge, district school
supervisor, priest, imam, or religious minister chosen by him. Failure of the arresting officer,
or the investigator, to observe the above-mentioned procedures shall render the extrajudicial
confession inadmissible as evidence in any proceeding;
f. The arresting officer, or the investigator, as the case may be, must, under established
regulations, allow the person arrested, detained, or under custodial investigation visits by or conferences
with any member of his immediate family, any medical doctor, priest, imam or religious minister is
chosen by him or by any member of his immediate family or by his counsel, or by any local Non-
Governmental Organization (NGO) duly accredited by the Commission on Human Rights (CHR) or by any
international NGO duly accredited by the Office of the President. His “immediate family” shall include
his spouse, parent or child, brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece,
guardian or ward, and fiancé or fiancée; and
g. After interrogation, the person under custodial investigation shall have the right to be informed
of his right to demand physical examination by an independent and competent doctor of his own choice.
2 Detention
The following are the policies and procedures in the admission, visitation, transfer, and release of
detainees: a. Admission
The following can be detained/ admitted in the PNP Detention/Custodial Center:

(1) Any person arrested due to the commission of a crime/s;
(2) Arrested suspects covered by a Commitment Order; and
(3) Arrested suspects who are under custodial investigation. However, under no circumstances should
the arrested suspects under custodial investigation be held in the detention center beyond the
prescribed reglementary period, unless, while in custody, appropriate charges have been filed and a
Commitment Order has been issued by the court concerned or he signed the required waiver of the
rights under the provisions of Article 125 of the RPC.
b. Requirements for Admission
Before the admission of the arrested suspect, the following mandatory requirements shall be submitted
to the Chief, Detention/Custodial Center:
(1) Request for Custody of the arresting unit or the Commitment Order from the Court;
(2) Proof of medical examination or medical certificate of the detainee to be provided by the
arresting unit requesting for custody; and
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COLLEGE OF CRIMINAL
(3) Case folder of the detainee containing the accomplished booking sheet for the arrested
suspect and the Information filed with the Prosecutor's Office.
c. Segregation of Detainees
As much as practicable, detainees must be segregated according to gender and to the classification of
crimes committed.
d. Visitation
Any person arrested and detained at the PNP Detention/Custodial Center shall be allowed visits by or
conferences with any member of his immediate family, or any medical doctor or priest or religious
minister chosen by him or by any member of his immediate family or by his counsel, or by any local NGO
duly accredited by the CHR or by any international NGO duly accredited by the Office of the President,
subject to the following conditions:
(1) The Chief, Detention/Custodial Center, or his duly authorized representative is authorized to
apportion the number of visitors per detainee at any given time as the space of the visitor's area may
allow.
(2) With respect to the detainee's family members, public and/or pertinent documents must be
presented to prove their relationship with the detainee.
(3) Visitors wearing the color of the detainee’s uniform shall be advised to wear other colors.
(4) The Custodial Center, an informal and temporary penal facility for arrested suspects, shall not allow
conjugal visits for detention prisoners.
(5) The counsel of the accused has the right to visit the latter subject to the existing security rules and
regulation of the Center.
(6) No camera, video equipment, cellular phone, and similar devices are allowed inside the visiting area.
(7) All visitors shall be frisked for deadly weapons, firearms, and other prohibited items. e. Transfer of
Custody
(1) Upon receipt of the Commitment Order from the court, the Chief, Detention/Custodial Center
shall personally coordinate with the issuing court to ascertain the validity of the order;
(2) Upon confirmation, the Chief, Detention/Custodial Center must coordinate with the receiving
detention facility for the immediate transfer of custody; and
(3) Before the transfer of custody, the arrested person shall be subjected to a medical examination
by a PNP medico-legal officer or any government physician in the absence of a PNP medico-legal officer.
A medical examination is mandatory before any transfer of custody of an arrested person. f. Release
(1) The Chief of Office shall be the sole approving authority in releasing detention prisoners.
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URDANETA CITY
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COLLEGE OF CRIMINAL
(2) Upon receipt of the Release Order from the court, the Chief, Detention/Custodial Center shall
personally coordinate with the issuing court to ascertain the validity of the order.
(3) Upon confirmation, the Chief, Detention/Custodial Center must coordinate with the arresting unit if
there are other legal impediments to the release.
(4) The Chief, Detention/Custodial Center shall likewise check the Directorate for Investigation and
Detective Management (DIDM)’s Arrest and
Warrant Registry to determine if the detainee to be released has other pending warrants of arrest.
(5) Granting that all documents are legally in order, the Chief, Detention/Custodial Center shall prepare
the memorandum addressed to the Chief of Office for the approval of the release.
(6) If there are valid grounds to sustain further detention, the Chief of Office in coordination with the
arresting unit, will prepare the appropriate manifestation to the court containing therein the
ground/s for objection.
(7) Before the official release of the detainee, the Chief, Detention/Custodial Center must bring the
detainee to the Office of the PNP Health Service or Rural Health Unit for medical examination, which
shall form part of the records/case folder of the subject detainee.
(8) The Property or Evidence Custodian Officer shall be responsible for the custody of all the properties
seized from the detainee before his detention. The former shall release the same to the detainee
immediately upon his discharge from detention. 3 Transporting Detention Prisoner
a. If transported by a patrol jeep, the subject must be seated on the right rear seat and a PNP escort shall
sit at the rear on the left side facing the subject. The hands of the subject should be secured by
handcuffs under his knees.
b. If transported by a patrol car, the subject must be seated on the right rear seat and the PNP escort
personnel shall sit on the left rear seat. The hands of the subject should be secured by handcuffs under
his knees.
c. In no case shall a Detention Prisoner be transported using public utility land vehicles that are not
exclusively utilized for the purpose.
d. In no case shall a high-risk Detention Prisoner be transported without proper escort and handcuffs.
e. Female detainees shall be transported in handcuffs, preferably aided by a policewoman.
f. In no case shall a Detention Prisoner be allowed out of the Detention Cell without proper escort.
g. Transport and escort of Detention Prisoner shall be limited only from the detention cell to the proper
office for the inquest, or court for the hearing, or to the nearest hospital/ clinic in case of the
mandatory medical examination before detention or during an actual medical emergency, or in court-
permitted transport.
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COLLEGE OF CRIMINAL
G. INQUEST PROCEDURES
1 Commencement of Inquest
The inquest proceedings shall commence upon the presentation of the arrested person and witnesses by
the police officer before the inquest prosecutor. The concerned police officer shall also submit the
following documents:
a. Affidavit of Arrest;
b. Statement(s) of the complainant(s);
c. Affidavit(s) of the witness/witnesses if any; and

d. Other supporting evidence gathered by law enforcement authorities in the course of their
investigation of the criminal incident involving the arrested person.
2 Documents to Be Submitted
The investigator shall ensure that, as far as practicable, the following documents shall be presented
during the inquest proceedings:
a. Murder, Homicide, and Parricide
(1) Certified true/machine copy of the certificate of death of the victim; and
(2) Necropsy Report and the certificate of Post-Mortem Examination, if readily available.
b. Frustrated or Attempted Homicide, Murder, Parricide, and Physical Injuries Cases
(1) Medical Certificate of the complaining witness showing the nature or extent of the injury;
(2) Certification or statement as to the duration of the treatment or medical attendance; and
(3) Certificate or statement as to the duration of incapacity for work.

c. Violations of the Dangerous Drugs Law
(1) Chemistry Report or Certificate of Laboratory Examination duly signed by the forensic
chemist or other duly authorized officers;
(2) Machine copy or photograph of the buy-bust money;
(3) Inventory/list of property seized; and
(4) Affidavit of Poseur-Buyer/Arresting Officer.

d. Theft and Robbery Cases, Violation of the Anti- Piracy Law, Anti-Highway Robbery Law, and
Violation of the Anti-Fencing Law
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URDANETA CITY
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COLLEGE OF CRIMINAL
(1) List/Inventory of the articles and items subject of the offense; and
(2) Statement of their respective value.

e. Rape, Seduction, and Forcible Abduction with Rape Cases
(1) Medico-Legal Report (Living Case Report), if the victim submitted herself for medical or
physical examination;
(2) Statement of the victim/complainant;

f. Violation of the Anti-Car napping Law
(1) Machine copy of the certificate of motor vehicle registration;

(2) Machine copy of the current official receipt of payment of the registration fees of the subject
motor vehicle; and
(3) Other evidence of ownership.

g. Violation of the Anti-Cattle Rustling Law
(1) Machine copy of the cattle certificate of registration; and
(2) Picture of the cattle, if readily available.

h. Violation of Illegal Gambling Law (1) Gambling paraphernalia; and
(2) Cash, if any.

i. Illegal Possession of Firearms and Explosives
(1) Chemistry Report duly signed by the forensic chemist; and Photograph of the explosives, if
readily available; and
(2) Certification from the Firearms and Explosives Office, Civil Security Group, PNP. j. Violation of
the Fisheries Law
(1) Photograph of the confiscated fish, if readily available;
(2) Certification of the Bureau of Fisheries and Aquatic Resources; and
(3) Paraphernalia and equipment used in illegal fishing.

k. Violation of the Forestry Law
(1) Scale sheets containing the volume and species of the forest products confiscated, number
of pieces, and other important details such as the estimated value of the products
confiscated;
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URDANETA CITY
UNIVERSITY
COLLEGE OF CRIMINAL
(2) Certification of the Department of Environment and Natural Resources/Bureau of Forest

Management; and
(3) Seizure Receipt.

3 Waiver of Rights
The inquest shall proceed unless the arrested person opts for a preliminary investigation by executing
the required waiver of rights under Article 125 of the RPC.
4 Monitoring of Cases by the Investigators
An investigator's job does not end upon the filing of the case with the Prosecutor's Office. The
investigator on the case shall continuously monitor the case up to its final resolution.
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URDANETA CITY

REVIEWER FOR MIDTERM COVERAGE

RULE 8. USE OF FIREARM DURING POLICE OPERATIONS

8.2 Firing at Moving Vehicles Prohibited but with Exceptions

RULE 9. PATROL PROCEDURES

i. Be familiar with stay-in employees of business establishments on your beat;

RULE 10. SPOT CHECKS/ACCOSTING AND PAT-DOWN SEARCHES

RULE 11. CHECKPOINTS

g. Blocking/Pursuing Sub-Team - team tasked to block/ pursue fleeing suspects/vehicle.

When checkpoints are ignored, the following shall be observed:

(b) Movement of suspected armed persons on board a motor vehicle;

(b) Deploy security forces in a strategic and defensive position;

YAHOO! No activities for the week!!!

Topic: Search and Seizure

d. Only judges are authorized to issue Warrants of Arrest.

f. The following are immune from arrest:

(2) Diplomatic Agents, Under the Vienna Convention on Diplomatic Relations.

1. Definition and Requisites for the Issuance of Search Warrant

1. The warrant must be filed in good faith by a law enforcement officer.

3. The warrant must be issued by a neutral and detached magistrate

2. Arrests without a Warrant

(3) Make a manifestation of authority against the person to be arrested;

(9) No unnecessary force shall be used in making an arrest;

(12) Make a Return of Warrant to the court of origin, and;

b. Effecting Warrantless Arrest

(1) Freeze or restrain the suspect/s;

(2) Make proper introduction as to identity and authority to arrest;

(7) No unnecessary force shall be used in making an arrest; and

e. The signature of the witness over his printed name; and

1. Crime Incident Reporting System (CIRS)

D. UNIT CRIME PERIODIC REPORT (UCPER)

(4) The victim or complainant or witness is a minor.

E. BOOKING OF ARRESTED SUSPECTS

(1) Record the arrest made in the Police Blotter;

(2) Conduct pat-down or strip search of the suspect;

(3) Submit the suspect for medical examination;

(5) Record information about the suspect’s alleged crime;

(6) Perform a record search of the suspect’s criminal background;

(7) Fingerprint and photograph the suspect;

(d) After the pat-down, the AO shall request the

(1) That he has the right to remain silent;

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

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

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

The following can be detained/ admitted in the PNP Detention/Custodial Center:

c. Affidavit(s) of the witness/witnesses if any; and

(3) Certificate or statement as to the duration of incapacity for work.

(2) Machine copy or photograph of the buy-bust money;

(3) Inventory/list of property seized; and

(4) Affidavit of Poseur-Buyer/Arresting Officer.

(2) Statement of their respective value.

(2) Statement of the victim/complainant;

(1) Machine copy of the certificate of motor vehicle registration;

(3) Other evidence of ownership.

(1) Machine copy of the cattle certificate of registration; and

(2) Picture of the cattle, if readily available.

(2) Cash, if any.

(1) Photograph of the confiscated fish, if readily available;

(2) Certification of the Bureau of Fisheries and Aquatic Resources; and

(3) Paraphernalia and equipment used in illegal fishing.

(2) Certification of the Department of Environment and Natural Resources/Bureau of Forest

(3) Seizure Receipt.