Republic Act No.
7438 April 27, 1992 any international non-governmental organization duly
AN ACT DEFINING CERTAIN RIGHTS OF PERSON
ARRESTED, DETAINED OR UNDER CUSTODIAL
INVESTIGATION AS WELL AS THE DUTIES OF THE
ARRESTING, DETAINING AND INVESTIGATING
OFFICERS, AND PROVIDING PENALTIES FOR
VIOLATIONS THEREOF
Be it enacted by the Senate and House of
Representatives of the Philippines in Congress
assembled:
Section 1. Statement of Policy. – It is the policy of the
Senate to value the dignity of every human being and
guarantee full respect for human rights.
Section 2. Rights of Persons Arrested, Detained or
Under Custodial Investigation; Duties of Public Officers.
– lawyers shall be entitled to the following fees;
(a) Any person arrested detained or under custodial
investigation shall at all times be assisted by counsel.
(b) Any public officer or employee, or anyone acting
under his order or his place, who arrests, detains or
investigates any person for the commission of an
offense shall inform the latter, in a language known to
and understood by him, of his rights to remain silent and
to have competent and independent counsel, preferably
of his own choice, who shall at all times be allowed to
confer privately with the person arrested, detained or
under custodial investigation. If such person cannot
afford the services of his own counsel, he must be
provided with a competent and independent counsel by
the investigating officer.lawphi1Ÿ
(c) The custodial investigation report shall be reduced to
writing by the investigating officer, provided that before
such report is signed, or thumbmarked if the person
arrested or detained does not know how to read and
write, it shall be read and adequately explained to him by
his counsel or by the assisting counsel provided by the
investigating officer in the language or dialect known to
such arrested or detained person, otherwise, such
investigation report shall be null and void and of no
effect whatsoever.
(d) Any extrajudicial confession made by a person
arrested, detained or under custodial investigation shall
be in writing and signed by such person in the presence
of his counsel or 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, or priest
or minister of the gospel as chosen by him; otherwise,
such extrajudicial confession shall be inadmissible as
evidence in any proceeding.
(e) Any waiver by a person arrested or detained under
the provisions of Article 125 of the Revised Penal Code,
or under custodial investigation, shall be in writing and
signed by such person in the presence of his counsel;
otherwise the waiver shall be null and void and of no
effect.
(f) Any person arrested or detained or under custodial
investigation 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 national non-governmental organization duly
accredited by the Commission on Human Rights of by
accredited by the Office of the President. The person's
"immediate family" shall include his or her spouse, fiancé
or fiancée, parent or child, brother or sister, grandparent
or grandchild, uncle or aunt, nephew or niece, and
guardian or ward.
As used in this Act, "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.
Section 3. Assisting Counsel. – Assisting counsel is any
lawyer, except those directly affected by the case, those
charged with conducting preliminary investigation or
those charged with the prosecution of crimes.
The assisting counsel other than the government
(a) The amount of One hundred fifty pesos (P150.00) if
the suspected person is chargeable with light
felonies;lawphi1©alf
(b) The amount of Two hundred fifty pesos (P250.00) if
the suspected person is chargeable with less grave or
grave felonies;
(c) The amount of Three hundred fifty pesos (P350.00) if
the suspected person is chargeable with a capital
offense.
The fee for the assisting counsel shall be paid by the city
or municipality where the custodial investigation is
conducted, provided that if the municipality of city cannot
pay such fee, the province comprising such municipality
or city shall pay the fee: Provided, That the Municipal or
City Treasurer must certify that no funds are available to
pay the fees of assisting counsel before the province
pays said fees.
In the absence of any lawyer, no custodial investigation
shall be conducted and the suspected person can only
be detained by the investigating officer in accordance
with the provisions of Article 125 of the Revised Penal
Code.
The Bureau of Fisheries and Aquatic Resources (BFAR)
is the government agency responsible for the
development, improvement, management and
conservation of the country's fisheries and aquatic
resources. It was reconstituted as a line bureau by virtue
of Republic Act No. 8550 (Philippine Fisheries Code of
1998). The bureau is under the Department of
Agriculture.
The Philippine Coast Guard (PCG) is the country's
vanguard against the entry of unsafe foreign vessels into
the country through its Port State Control (PSC). At
present, the PCG has 14 PSC Centers and 29 PSC
Divisions all throughout the archipelago.
The PSC Center in Manila has the bulk of al inspections
based on frequency of foreign ship calls.
Pursuant to Republic Act 9993, the organization is
mandated to enforce regulations in accordance with all
relevant maritime international conventions, treaties or
instruments of which the government is signatory and
national taws.
MARITIME SAFETY or MARSAF function is designed to
help prevent or minimize unnecessary loss of lives and
properties at sea.
The seaworthiness of every vessel leaving the port is
ensured through the intensified Mandatory Pre-departure
Inspection which include the compliance of vessels to
safety standards and prevention of vessels from sailing
for failure to comply with the standards; conduct of
random Emergency Readiness Evaluation and
Operational Readiness Evaluation in the ports; conduct
of regular vessel safety inspections, and publication of
Notice to Mariners (NOTAM), and the implementation
and enforcement of navigational rules and designation of
sea lanes, among others.
Further, the PCG is also responsible in issuing permits
and supervises all marine salvage operations. It is
mandated to destroy or tow floating hazards to
navigation such as, but not limited to illegal fish traps
and vessels.
Moreover, navigational safety is ensured by operating
and/or maintaining and servicing 565 lighthouses and
more than 44 navigational buoys around the country
which guide and ensures safe voyage to mariners.
The Philippines is a signatory to IMO Conventions on
Marine Pollution of 1973 and 1978 (MARPOL 73/78).
The Philippine Coast Guard under RA 9993 is the sole
agency responsible for the Philippine implementation of
the Conventions with regards to oil pollution, prevention,
mitigation and control through the conduct of marine
pollution monitoring and control, enhancement of PCG
capability and oil spill response operations and
enforcement of all marine environmental laws and
regulations.
The Philippine Coast Guard (PCG), pursuant to Republic
Act 9993 otherwise known as the "Philippine Coast
Guard Law of 2009", is the national maritime search and
rescue (SAR) service of the country.
One of its functions is to render aid to persons and
vessels in distress and conduct search and rescue in
marine accidents within the maritime jurisdiction of the
Philippines, including the high seas, in accordance with
applicable international conventions.
In the performance of this function, the PCG may enlist
the services of other government agencies and the
merchant marine fleet.
The Coast Guard Command Center (CGCOMCEN) at
the PCG National Headquarters in Manila, by virtue of
the current functions and facilities, serves as the
coordinating center for all search and rescue operations.
The 15 Coast Guard districts are designated as Maritime
Rescue Coordination Centers (MRCCs) within their
areas of responsibility, while the 90 Coast Guard
stations and 464 sub-stations are designated as
Maritime Rescue Sub-Centers (MRSCs).
The PCG's SAR organization maintains constantly
manned watch centers that operate 24 hours a day,
continuously monitoring distress frequencies and
conducting coastal foot and seaborne patrol within their
area of responsibility.
There is at least one division or squadron of Coast
Guard Auxiliary in each MRSC where a watch can be
set, and assistance can be obtained when required.
Likewise, at least one Deployable Response Team
composed of Special Operations Group, Medical Team,
K-9, and rescue swimmers is organized at each Coast
Guard District or MCG, which can be dispatched
immediately to any maritime and land base search and
rescue operations.
What is PDEA
The Philippine Drug Enforcement Agency (PDEA) is the
lead anti-drug law enforcement agency in the
Philippines, responsible for implementing and
coordinating all anti-drug efforts in the country. They
work to combat the production, trafficking, and abuse of
illegal drugs.
In this article, we’ll explore the core of PDEA’s work,
showcasing the challenges they tackle, the innovative
solutions they employ, and the tangible proof of their
success.
If you’re seeking a career with purpose, stay tuned as
we unravel the ways PDEA is not just combating the
drug issue but also opening doors to rewarding
opportunities for those ready to contribute to a safer and
drug-free future.
History and Founding
The history of PDEA is a narrative of evolution, from its
inception as a specialized agency to its current status as
a dynamic force in the global fight against illegal drugs.
Each milestone underscores its dedication to securing a
drug-free future for the Philippines.
2002
Creation of PDEA: The Philippine Drug Enforcement
Agency (PDEA) was established on February 2, 2002,
under Republic Act 9165, also known as the
Comprehensive Dangerous Drugs Act of 2002. This
marks a significant step in centralizing and intensifying
the country’s efforts against the illegal drug trade.
2003-2005
Formative Years: PDEA consolidates its structure and
operations, laying down the foundation for a specialized
agency dedicated to drug enforcement. During this
period, key personnel are trained, and strategic
partnerships with local and international counterparts are
initiated.
2008
International Cooperation: PDEA gains recognition for its
efforts in international collaboration by becoming a
member of the International Criminal Police Organization
(INTERPOL). This milestone underscores PDEA’s
commitment to a global approach in combating drug
trafficking.
2010
National Academy: PDEA establishes its National
Academy, enhancing the training and education of its
personnel. The academy becomes instrumental in
developing a skilled and knowledgeable workforce
capable of addressing the evolving challenges of drug
enforcement.
2017
Drug Enforcement Summit: PDEA hosts the First
National Anti-Illegal Drugs Summit, bringing together
various stakeholders, government agencies, and
organizations to formulate comprehensive strategies in
the fight against illegal drugs. This event showcases
PDEA’s commitment to a united front against the drug
menace.
2020
Innovative Solutions: PDEA embraces technology and
innovation, implementing data-driven approaches to
enhance intelligence gathering and operations. This shift
represents a pivotal moment in adapting to the modern
complexities of drug-related activities.
2022
Impactful Operations: PDEA celebrates a series of
successful operations resulting in significant drug
seizures and the dismantling of major drug trafficking
networks. These operations highlight PDEA’s
effectiveness in disrupting and dismantling illicit drug
activities.
Mandate, Mission & Vision
PDEA’s main job, based on the law (Comprehensive
Dangerous Drugs Act of 2002), is to stop illegal drugs.
They lead and coordinate efforts to make sure the
country’s rules on drugs are followed, all to keep the
people safe.
RULE 113
Arrest
Section 1. Definition of arrest. — Arrest is the taking of a
person into custody in order that he may be bound to
answer for the commission of an offense. (1)
Section 2. Arrest; how made. — An arrest is made by
an actual restraint of a person to be arrested, or by his
submission to the custody of the person making the
arrest.
No violence or unnecessary force shall be used in
making an arrest. The person arrested shall not be
subject to a greater restraint than is necessary for his
detention. (2a)
Section 3. Duty of arresting officer. — It shall be the
duty of the officer executing the warrant to arrest the
accused and to deliver him to the nearest police station
or jail without unnecessary delay. (3a)
Section 4. Execution of warrant. — 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 after
the expiration of the period, the officer to whom it was
assigned for execution shall make a report to the judge
who issued the warrant. In case of his failure to execute
the warrant, he shall state the reasons therefor. (4a)
Section 5. Arrest without warrant; when lawful. — A
peace officer or a private person may, without a warrant,
arrest a person:
(a) When, in his presence, the person to be
arrested has committed, is actually committing,
or is attempting to commit an offense;
(b) When an offense has just been committed,
and he has probable cause to believe based on
personal knowledge of facts or circumstances
that the person to be arrested has committed it;
and
(c) When the person to be arrested is a prisoner
who has escaped from a penal establishment or
place where he is serving final judgment or is
temporarily confined while his case is pending,
or has escaped while being transferred from one
confinement to another.
In cases falling under paragraph (a) and (b) above, the
person arrested without a warrant shall be forthwith
delivered to the nearest police station or jail and shall be
proceeded against in accordance with section 7 of Rule
112. (5a)
Section 6. Time of making arrest. — An arrest may be
made on any day and at any time of the day or night. (6)
Section 7. Method of arrest by officer by virtue of
warrant. — When making an arrest by virtue of a
warrant, the officer shall inform the person to be arrested
of the cause of the arrest and of the fact that a warrant
has been issued for his arrest, except when he flees or
forcibly resists before the officer has opportunity to so
inform him, or when the giving of such information will
imperil the arrest. The officer need not have the warrant
in his possession at the time of the arrest but after the
arrest, if the person arrested so requires, the warrant
shall be shown to him as soon as practicable. (7a)
Section 8. Method of arrest by officer without warrant.
— When making an arrest without a warrant, the officer
shall inform the person to be arrested of his authority
and the cause of the arrest, unless the latter is either
engaged in the commission of an offense, is pursued
immediately after its commission, has escaped, flees or
forcibly resists before the officer has opportunity so to
inform him, or when the giving of such information will
imperil the arrest. (8a)
Section 9. Method of arrest by private person. — When
making an arrest, a private person shall inform the
person to be arrested of the intention to arrest him and
cause of the arrest, unless the latter is either engaged in
the commission of an offense, is pursued immediately
after its commission, or has escaped, flees, or forcibly
resists before the person making the arrest has
opportunity to so inform him, or when the giving of such
information will imperil the arrest. (9a)
Section 10. Officer may summon assistance. — An
officer making a lawful arrest may orally summon as
many persons as he deems necessary to assist him in
effecting the arrest. Every person so summoned by an
officer shall assist him in effecting the arrest when he
can render such assistance without detriment to himself.
(10a)
Section 11. Right of officer to break into building or
enclosure. — An officer, in order to make an arrest either
by virtue of a warrant, or without a warrant as provided in
section 5, may break into any 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. (11a)
Section 12. Right to break out from building or
enclosure. — Whenever an officer has entered the
building or enclosure in accordance with the preceding
section, he may break out therefrom when necessary to
liberate himself. (12a)
Section 13. Arrest after escape or rescue. — If a person
lawfully arrested escapes or is rescued, any person may
immediately pursue or retake him without a warrant at
any time and in any place within the Philippines. (13)
Section 14. Right of attorney or relative to visit person
arrested. — Any member of the Philippine Bar shall, at
the request of the person arrested or of another acting in
his behalf, have the right to visit and confer privately with
such person in the jail or any other place of custody at
any hour of the day or night. Subject to reasonable
regulations, a relative of the person arrested can also
exercise the same right. (14a)
RULE 126
Search and Seizure
Section 1. Search warrant defined. — 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.
(1)
Section 2. Court where application for search warrant
shall be filed. — An application for search warrant shall
be filed with the following:
a) Any court within whose territorial jurisdiction a
crime was committed.
b) For compelling reasons stated in the
application, any court within the judicial region
where the crime was committed if the place of
the commission of the crime is known, or any
court within the judicial region where the warrant
shall be enforced.
However, if the criminal action has already been filed,
the application shall only be made in the court where the
criminal action is pending. (n)
Section 3. Personal property to be seized. — A search
warrant may be issued for the search and seizure of
personal property:
(a) Subject of the offense;
(b) Stolen or embezzled and other proceeds, or
fruits of the offense; or
(c) Used or intended to be used as the means of
committing an offense. (2a)
Section 4. Requisites for issuing search warrant. — A
search warrant shall not issue except upon probable
cause in connection with one specific offense to be
determined personally by the judge after examination
under oath or affirmation of the complainant and the
witnesses he may produce, and particularly describing
the place to be searched and the things to be seized
which may be anywhere in the Philippines. (3a)
Section 5. Examination of complainant; record. — The
judge must, before issuing the warrant, personally
examine in the form of searching questions and
answers, in writing and under oath, the complainant and
the witnesses he may produce on facts personally
known to them and attach to the record their sworn
statements, together with the affidavits submitted. (4a)
Section 6. Issuance and form of search warrant. — If
the judge is satisfied of the existence of facts upon which
the application is based or that there is probable cause
to believe that they exist, he shall issue the warrant,
which must be substantially in the form prescribed by
these Rules. (5a)
Section 7. Right to break door or window to effect
search. — The officer, if refused admittance to the place
of directed search after giving notice of his purpose and
authority, may break open any outer or inner door or
window of a house or any part of a house or anything
therein to execute the warrant or liberate himself or any
person lawfully aiding him when unlawfully detained
therein. (6)
Section 8. Search of house, room, or premise to be
made in presence of two witnesses. — No search of a
house, room, or any other premise shall be made except
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. (7a)
Section 9. Time of making search. — The warrant must
direct that it be served in the day time, unless the
affidavit asserts that the property is on the person or in
the place ordered to be searched, in which case a
direction may be inserted that it be served at any time of
the day or night. (8)
Section 10. Validity of search warrant. — A search
warrant shall be valid for ten (10) days from its date.
Thereafter it shall be void. (9a)
Section 11. Receipt for the property seized. — 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. (10a)
Section 12. Delivery of property and inventory thereof to
court; return and proceedings thereon. — (a) The officer
must forthwith deliver the property seized to the judge
who issued the warrant, together with a true inventory
thereof duly verified under oath.
(b) Ten (10) days after issuance of the search
warrant, the issuing judge shall ascertain if the
return has been made, and if none, shall
summon the person to whom the warrant was
issued and require him to explain why no return
was made. If the return has been made, the
judge shall ascertain whether section 11 of this
Rule has been complained with and shall require
that the property seized be delivered to him. The
judge shall see to it that subsection (a) hereof
has been complied with.
 (c) The return on the search warrant shall be
filed and kept by the custodian of the log book
on search warrants who shall enter therein the
date of the return, the result, and other actions
of the judge.
A violation of this section shall constitute contempt of
court.(11a)
Section 13. Search incident to lawful arrest. — 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. (12a)
Section 14. Motion to quash a search warrant or to
suppress evidence; where to file. — A motion to quash a
search warrant and/or to suppress evidence obtained
thereby may be filed in and acted upon only by the court
where the action has been instituted. If no criminal action
has been instituted, the motion may be filed in and
resolved by the court that issued the search warrant.
However, if such court failed to resolve the motion and a
criminal case is subsequent filed in another court, the
motion shall be resolved by the latter court. (n)
1.5 Law Enforcement Operations. Include service of
warrant of arrest implementation of search warrant,
enforcement of visitorial powers of the Chiefs of Police,
and other anti-criminality operations
1.6 Internal Security Operations. Include
counterterrorism operations and similar operations
against other threat groups that are conducted to ensure
internal security.
1.7 Public Safety Operations Include critical incident
management procedures, search, rescue and retrieval
operations, hostage situation, civil disturbance
management operation, management of health hazards
and other operations that promote public safety.
1.8 Special Police Operations. Include high-risk
checkpoint and roadblock operation, police assistance in
the implementation of order from the court and other
quasi-judicial bodies, security to major and special
events, aircraft hijacking operations, visit, board, search
and seizure of marine vessels, and similar police
operations that are conducted by police units with
specialized training on the peculiarity of the mission or
purpose.

Categories of Police Operations 1.9 Investigation Operations. Include investigation of

1) Public Safety Operation includes search, rescue and
retrieval operations, fire drill, earthquake drills and
similar operations that promote public safety.
2) Law Enforcement Operation includes service of
warrant of arrest, implementation of search warrant,
enforcement of visitorial powers of the Chief, Philippine
National Police and Unit Commanders, Anti-Illegal Drugs
Operation, Anti-Gambling Operations and other similar
operations that are conducted to enforce laws, statutes,
executive orders and ordinances.
crime or incident, Scene of the Crime Operations
(SOCO), administrative investigation and other
investigative work necessary to determine facts and
circumstances for filing cases criminally or
administratively
1.10 Police Community Relations. Include three
interrelated dimensions to accomplish its mission namely
community affairs and development, public information,
and information development operations to forge
partnership and strengthen collaboration and linkages
with the community.

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

operation, roadblock operation, civil disturbance
management operation and similar police operations that
are conducted by police units with specialized training on
the peculiarity of the mission or purpose.

5) Intelligence Operation includes surveillance operation,

counter intelligence and other similar police intelligence
operation conducted to gather information related to
security, public safety and order.

6) Investigation Operation includes investigation of crime

or incident and other 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 evidence and similar Oscientific
investigative assistance

Categories of Police Operations

1.4 Patrol Operations. The most basic police function

and known as the backbone of policing.