LAW ENFORCEMENT OPERATIONS WITH PLANNING AND CRIME

MAPPING

NATURE OF POLICE OFFICE

Public Servant

“TO SERVE AND PROTECT”

The PNP as a public service organization is also task to perform non-law enforcement related
activities such as civic duties during disasters and calamities, guiding motorist in the absence
of traffic enforcers, pacify domestic quarrels without resorting to apprehension and much
more activities that come to their daily routine. Police being a service-oriented agency should
perform or spearhead activities to win the TRUST and CONFIDENCE of the people it
serves.

National in Scope
Tri bureau- pnp,bjmp,bfp

The PNP as an agency is operated by the national government. Its jurisdiction covers the
entire breadth of the Philippine archipelago all uniformed and non-uniformed personnel of
the PNP are national government employees.

Civilian in Character
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PNP as an organization is not a part of the military organization, although it retains some
military attributes such as discipline.

FUNCTIONS OF A POLICE OFFICER IN OPERATIONS

1. To 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 syndicate.
2. To Observe Human Rights and Dignity of Person. All PNP personnel shall respect the
human rights and dignity of the suspect/s during police operations.

CATEGORIES OF POLICE OPERATIONS

1. Public Safety Operation – includes Search, Rescue and Retrieval Operations. Fire Drills,
Earthquake Drills and similar operations that promote public safety.

2. Law Enforcement Operations- includes Service of Warrant of Arrest, Implementation of

Search Warrant, Enforcement of Visitorial Powers of the Chief, PNP and Unit Commanders,
Anti-Illegal Drugs Operation, Anti-Illegal Gambling Operations and similar operations that
are conducted to enforce laws, statutes, executive orders and ordinances.
3. Internal Security Operation- includes Counter-Insurgency Operations, Counter Terrorist
Operations and similar operations that are conducted to ensure internal security.
4. Special Police Operation- includes Checkpoint Operations, Civil Disturbance
Management Operation, Police Assistance in the Enforcement of Demolition Eviction
Injunction Similar Order, Police Assistance in the Implementation of Final Court Order,
Hostage Situation and similar police operations that are conducted by police units with
specialized training on the peculiarity of the mission purposes.
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.
6. Investigation Operation- includes Investigation of Crime or Incident, Administrative
Investigation and similar investigative work necessary to determine facts and circumstances
for filing cases criminally or administratively.
7. Scene of the Crime Operation- includes the processing of crime scene, technical and
forensic examination of evidences and similar scientific or investigative assistance.

BASIC REQUIREMENTS OF POLICE OPERATIONS

 With a marked police vehicle;
 Led by a Police Commissioned Officer (PCO)
 With personnel in prescribed police uniform or attire.

USE OF MEGAPHONES AND SIMILAR INSTRUMENTS

 During the 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 offender/s or suspect/s to stop and or peacefully give up. The police
shall not use warning shots during police intervention operations.
BASIC POLICE OPERATIONS
 Arrest
The taking of a person into custody in order that he may be bound to answer for the
commission of an offense.

MODES
 Arrest by Virtue of a Warrant- A mode of arrest usually executed by law enforcers
upon the written order of the judge.
 Warrantless Arrest- This is also known as citizen’s arrest. This can be executed by
either law officers or private persons.

TIME OF MAKING AN ARREST

 An arrest maybe made on any day and at any time of the day or night.

EXECUTION OF THE WARRANT OF ARREST

 The head of the office to whom the warrant of arrest was delivered for execution shall
cause the warrant to be executed within ten (10) days from its receipt. Within ten (10)
days, the officer to whom it was assigned for execution shall make a report to the
judge who issued the warrant.

RULES ON THE USE OF BODY – WORN CAMERAS IN THE EXECUTION OF

WARRANTS (A.M NO. 21-06-08-SC)
 During arrest it is required to have at least one body-worn camera and one alternative
recording device, a minimum of two devices to capture the events during the
execution of arrest.
 In case of unavailability, the officer can file a motion before the court, to use
alternative devices.
 When making an arrest by virtue of the warrant, the officers wearing the body-worn
camera shall notify the person to be arrested that the arrest is recorded.
 Video and audio recording shall be activated upon arrival at the scene of arrest.
NOTE
 During Warrantless Arrest – The arrest shall be recorded in the same manner.

PERSONS NOT SUBJECT TO ARREST /IMMUNIY FROM ARREST

1. Congressmen and Senators- A Senator or Member of the House of Representatives shall,
in all offenses punishable by not more than six years imprisonment, e privileged from arrest
while the Congress is in session.
QUESTION: CAN A SENATOR OR A CONGRESSMAN BE ARRESTED IF HE
COMMITS AN OFFENSE NOT PUNISHABLE FOR MORE THAN SIX YEARS BUT
NOT ATTENDING DURING SESSION?
Answer: No. In the case of the people of the Philippines vs Jalosjos (2000) the court
provides that as long as the Congress is in session whether the incumbent congressman is
attending or is absent therein, he shall still be immune from arrest (People vs. Jalosjos,
G.R. Nos. 132875-76,2000).

2. Sovereigns and Head of State- As provided by international law, they are immune from
arrest.
3. Diplomatic Personnel- These are diplomatic agents officially appointed by the
government of a particular country, nation, or a state tasked to maintain international
relations, represent the sending state, and to conduct negotiations with the receiving country
of state.

MIRANDA RIGHTS
 The right to be informed of the cause and nature of accusation
 The right to remain silent
 The right to counsel
ARREST WITHOUT WARRANT
a. When in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense. (par.a,Sec.5, Rule 113);
 This also termed as in flagrante delicto arrest.
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. (par. b, Sec.5, Rule 113);
 This also known as hot pursuit arrest. The phrase “has just been committed” connotes
“immediately” (Pestilos vs. Genoroso, G.R. No. 182601 november 10, 2014). The
measurement of immediacy is between the time the offense was committed and the
time the arrest was made.
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 is temporarily confined
while his case is pending, or has escaped while being transferred from one confinement
to another. (par.c, Sec.5, Rule 113).

CUSTODIAL INVESTIGATION
Shall include the practice of issuing an “invitation” to a person who is investigated in
connection with an offense he is suspected to have committed, without prejudice to the
liability of the “inviting” officer for any violation of law.

SEARCH AND SEIZURE

Search – an infringement of an individual’s reasonable expectation of privacy. “Search”
here as applied to law enforcement connotes a different meaning. “An inspection which does
not intrude upon a legitimate expectation of privacy or compromise any legitimate interest
in privacy is not considered as a search”

SEIZURE- Detention of an individual or her property, and removing that property from the
control of the citizen, or in effect, taking control of the individual.

SEARCH WARRANT- A search warrant 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 personal property described therein and bring it before the court (Sec. 1, Rule
126, Rules of court).

MODES OF SEARCH
 Search by Virtue of a Warrant – A mode of search executed by law enforcers upon
written order of the Judge.
 Warrantless Search – A mode of search by police officers executed without the
benefit of a warrant.

VALIDITY OF SEARCH WARRANT

A search warrant shall be valid for ten (10) days from the date of its issuance and thereafter
considered as void once not executed within the period required (Sec.10, Rule 126, rules of
Court)

TIME OF MAKING SEARCH

 Section 9, Rule 126 of the Rules of Court clearly states that “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
maybe inserted that it be served at any time of the day or night.” Same mandate is
stated under Rule 14.3 of the PNP Handbook (2013).
RULES ON THE USE OF BODY-WORN CAMERAS IN THE EXECUTION OF
WARRANTS
(A.M NO. 21-06-08-SC)
 During search it is required to have at least one body-worn camera and one alternative
recording device, a minimum of two devices to capture the events during the
execution of search.
 In case of unavailability, the officer can file a motion before the court, to use
alternative devices.
 When making a search by virtue of the warrant, the officers wearing the body-worn
camera shall notify the person/occupants to be searched that the search is recorded.
 Video and audio recording shall be activated upon arrival at the scene to be searched.

EFFECT OF FAILURE TO OBSERVE THE BODY WORN CAMERA

 It shall render the obtained evidences inadmissible. Police officers who failed to use
body-worn camera without justifiable reason or manipulate the recording shall be
liable for contempt of court.

PROPERTIES TO BE SEIZED
 Subject of the offense;
 Stolen or embezzled and other proceeds, or fruit of the of offense;
 Used or intended to be used as the means of committing an offense;
 Objects that are illegal per se, even if not particularly described in the search warrant,
may be seized under the plain view doctrine.

WITNESS TO SEARCH RULE

 Search of a house, room, or any other premise shall be made in the presence of the
lawful occupant thereof 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 (Sec.8,
Rule 126, Rules of Court).

ISSUANCE OF PROPERTY RECEIPT

 The officer seizing property under the warrant must give a detailed receipt for the
same to the lawful occupant of the premises in whose presence the search and seizure
were made, or in the absence of such occupant, must in the presence of at least two
witnesses of sufficient age and discretion residing in the same locality, leave a receipt
in the place in which he found the seized property (Sec.11, Rule 126, Rules of Court)
VALID WARRANTLESS SEARCH AND SEIZURE
1. Warrantless Search Incidental to a Lawful Arrest
Section 13, Rule 126, Rules of Court, states that “a person lawfully arrested may be
searched for dangerous weapons or anything which may have been used or constitute
proof in the commission of an offense without a search warrant”. The reasons of this
search are three folds:
First, to confiscate weapons from the arrested person which the later might use to harm the
arresting officer;
Second, to prevent the arrested person from destroying any evidence within his or her reach;
and,
Third, to confiscate weapons that might be used as means of escaping.
2. Search of Evidence in Plain View
Plain View simply means anything seen on plain sight or having visual on things that are
readily observable.

PLAIN VIEW DOCTRINE

In order to have admissibility of seized evidences under the plain view doctrine, it has to
conform first on the following elements:
 A prior valid intrusion based on the valid warrantless arrest in which the police are
legally present in the pursuit of their official duties (i.e trespass to a building to
execute warrantless search is not covered under plain view doctrine);
 The evidence was inadvertently discovered by the police who have the right to be
where they are.
 Inadvertence in paragraph “b” means the police officers conducting the search must
bear no knowledge that the evidence was present in that place and that upon execution
of search, such was accidentally discovered (Del Carmen, 2007).
This implies that evidence that is inadvertently discovered is coincidental and without
foresight.

Example: A firearm on the table, or drug paraphernalia on the floor are within the
principle of plain view. On the other hand concealed contrabands inside a vehicle’s
compartment or inside the suspect’s locker are likely not plain view.

3. Search to a moving vehicle

A warrantless search of a moving vehicle is justified on the ground that it is not practicable to
secure a warrant because the vehicle can be quickly moved out of the locality or jurisdiction
in which the warrant must be sought (People of the Philippines vs. Lo Ho Wing, G.R. No.
88017, January 21, 1990).

4. Consented Warrantless Search

Consented warrantless search refers to the act of relinquishing or abandoning the right against
search. However, it must be seen that the consent to the search was voluntary.

5. Customs Search
Police officers generally empowered by law to effect arrests and execute processes of courts,
when acting under the direction of the Collector, (see par.d, sec 2203, R.A 1937) has
authority to conduct custom searches within the jurisdiction of the Bureau of Custom.

STOP AND FRISK OR TERRY SEARCHES

To simply put, a reasonable suspicion is the belief based on personal inferences supported by
series of surrounding circumstances, that a person to be stopped and frisked is guilty of an
unlawful act. Furthermore, the following factors are to be considered:
 Police officers should not rely on suspicious circumstances. There should be a
“presence of more than one seemingly innocent activity, which, taken together,
warranted a reasonable inference of criminal activity”. (Bersamin, J., Dissenting
Opinion, People of the Philippines vs. Esquillo, G.R No. 182010, August 25, 2010).

CHECKPOINTS (PHILIPPINE NATIONAL POLICE HANDBOOK (2013)

Rule 11.2 Composition
In the conduct of checkpoints proper, the checkpoint team shall be composed of, but not
limited to the following:
 Team Leader (TL) – shall lead and take responsibility in the conduct of checkpoint,
an officer with the rank of at least Police Inspector;
 Spotter- PNP personnel who will point / profile suspected vehicle subject for
checkpoint;
 Spokesperson- TL or member who is solely in charge of communicating with the
motorist’s subject for checkpoint;
 Investigation Sub-team- in charge of investigation and documentation of possible
incidents in the checkpoint to include issuance of Traffic Citation Ticket (TCT) or
Traffic Violation Report (TVR);
 Search/Arresting Sub-team – designated to conduct search, seizure, and arrest, if
necessary;
 Security Sub-team – tasked to provide security in the checkpoint area; and
 Blocking and pursuing Sub-team – team tasked to block/pursue fleeing
suspect/vehicle.
RULE 11.3 SALIENT GUIDELINES
 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.
 Checkpoints are established to enforce circulation control measure, laws, orders and
regulations.
 The use of mixed uniforms (GOA, Field Service Uniforms, Black Fatigue) in the
conduct of checkpoint is strictly prohibited.
 As much as possible, the area where the checkpoint shall be established must be
properly lighted, with noticeable signage, bearing the name of the PNP unit and the
participating organization/a visibly displayed in the checkpoint site, to prevent any
apprehension from the public of the existence of the same.
 Due courtesy must be accorded to the motorists, traders and the commuters during the
conduct of checkpoint.
 The spokesperson must greet the people subject for inspection, extend apology for the
inconvenience, appeal for understanding and state the reasons of the operation.
Upon completion, thank the person/s searched.

 Except in the actual commission of crime during checkpoints or in a hot pursuit

operation, the conduct of inspection of vehicle during a routine checkpoint is limited
to a visual search.
 Voluntary offers of cash or in kind from the traders/motorists passing the checkpoint
should be absolutely refused because the offer might be misconstrued as a bribe.