Chapter 1

Police Operations

Course outcomes

1. Understand the different kinds of police operations.

2. Know the duties and responsibilities of police officers in the conduct of police operations.
3. Demonstrate the proper conduct of each police operation.
4. Determine whether a certain police operation conducted is illegal or not.
5. Appreciate the importance of properly conducting police operations.
1. Police operations

Categories of Police operations.

Police operations are categorized as follows.

1. Public safety operations - includes reach, rescue and retrieval operations, fire drills,
earthquake drills and similar operation that promote public safety.
2. Law enforcement operation - includes service of warrant of arrest, implementation of search
warrant, enforcement of visitorial powers of chief, Philippine national police and unit
commanders, anti-illegal drugs operation and other operation that are conducted to enforce
laws, statutes, executive orders and ordinance.
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, hostage situation and other similar police operations that
are conducted by police units with specialized training on their own peculiarity of the mission or
purpose.
5. Intelligence operation - includes surveillance operation, counter0intellenge operation
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 administrate.
7. Scene of the crime operation (SOCO) - includes the processing of crime scene, technical and
forensic examination of evidence and similar scientific investigative assistance.

Operational Procedures

Pre-operational clearance

No police operation shall be conducted without approval of the chief/commander/head of the

concerned police unit/office. The pre-operational clearance hall be filed by the team leader of the
operating team/s prior to the conduct of the operation and shall be approve by the concerned
police unit commander.

Inter unit coordination

 1. Personal coordination or by official representatives
Team leaders of local police unit operation outside their territorial jurisdiction and national
support unit shall coordinate, personally or through an official representative.
2. Coordination by filing coordination firm
Prior to the launching of the operation, except in cases where the formal ( in writing) inter unit
coordination cannot be made due to the nature or urgency of the situation such as, but limited
to, cross-jurisdictional pursuit operation, coordination should be made formally using the
prescribe coordination form which shall be filed with the concerned operation center of the
police regional/city office
3. Coordination by the practical/available means of communication
In cases where formal inter-unit coordination is not feasible, the police unit concerned shall
endeavor to notify the territorial police office through any available means of communication at
any time during the operation.

Requirements of Police Operations

1. Basic Requirements

Police operations like arrest, search and seizure, checkpoint, roadblocks, demolition and civil
disturbance management shall be conducted as follows:

a. With a marked police vehicle;

b. Led by a Police Commissioned Officer (PCO); and

c. With personnel in prescribed police uniform or attire.

2. Use of Megaphones and Similar Instruments

During actual police intervention operations, the Team Leader shall use peaceful means
including the use of megaphones or any other similar instruments to warn or influence the
offender/s or suspect/s to stop and/or peacefully give up.

3. Warning Shots Prohibited

The police shall not use warning shots during police intervention operations.

Use of Force During Police Operations

1. Use of Excessive Force Prohibited

The excessive use of force during police operation 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.

2. Issuance of Verbal Warning

The police officer must first issue a verbal warning before he could use force against an
offender. As far as practicable, the verbal warning shall be in the dialect that is known to the
 offender or in the national language. Basically the verbal warning shall consist of the following: the
police officer identifying himself; his intention; and what he wants the offender to do. If the offender
is a foreigner, the verbal warning shall be done in the English language followed by a demonstrative
act of the police officer's intent. The verbal warning shall be done in a loud and clear manner.

3. Non-Issuance of Verbal Warning When Excusable

The failure to issue a verbal warning is excusable in cases where threat to life or property is already
imminent, and there is no other option but to use force to subdue the offender.

4. Use of Non-Lethal Weapon

When suspect is violent or threatening, and that less physical measures have been tried and
deemed inappropriate, a more extreme, but non-deadly measure can be used such as
baton/truncheon, pepper spray, stun gun and other nonlethal weapon to bring the suspect
under control, or effect an arrest.

5. Application of Necessary and Reasonable Force

During 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.

6. 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. The police officer is given the
sound discretion to consider these factors in employing reasonable force.

7. 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 armed confrontation.

Use of Firearm During Police Operations

1. Use of Firearm When Justified

The use of firearm is justified if the offender poses imminent danger of causing death or injury
to the police officer or other persons. The use of firearm is also justified under the doctrines of
self-defense, defense of a relative, and defense of a stranger. However, one who resorts to self
defense must face a real threat on his life, and the peril sought to be avoided must be actual,
imminent and real. Unlawful aggression should be present for self-defense to be considered as a
justifying circumstance.

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 firearm
does not create a danger to the public and outweigh the likely benefits of its non-use.

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.

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.

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 counselling for all involved PNP operatives.

Patrol Procedures

Patrol Guidelines

1. Observe precautionary measures and personal safety while on patrol;

2. Observe defensive driving and follow traffic rules and regulations; 3. Select routes which provide best
visibility;

4. Patrol members must be always on the look-out for indications of vices and other illegal activities on
their beat;
5. Patrol members must be knowledgeable of all conditions, events and details of places on their beat;

6. 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;

7. Keep under close observation actions of juveniles, trouble makers/agitators and the mentally
ill/retarded persons;

8. Be familiar, as much as possible, with known criminals/ex convicts residing in or frequenting the
patrol beat;

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

10. Be on the alert for loiterers;

11. Keep watch on uninhabited homes;

12. Observe the practice of "shaking doors" of unguarded business establishments during night patrol.
Check for signs of intrusion;

13. Establish good rapport with the people on your beat;

14. Develop contacts by getting to know as many people as possible who can give factual information
about crime conditions on the patrol beat;

15. Use tact and persuasiveness when conducting spot inquiry or questioning individuals for
information;

16. 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;

17. When checking suspicious persons, places, buildings/ establishments and vehicles especially during
night time, be prepared to use your service firearm. Flashlight should be held tightly away from the body
to avoid making you a possible target; and

18. Patrol members should avoid loitering in theaters, restaurants and other recreational places.

Duties of Patrol Supervisors

1. In any operation, careful planning is a must in order to avoid waste of time, effort and resources.
Make a patrol plan with the following details:

a. Area Coverage: safe haven, ambush areas and crime prone areas;

b. Organizational Detail of Personnel;

c. Duration;

d. Stand-by points; and

e. Route plan.
2. Designate and select the members of the patrol team/s;

3. 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;

4. Conduct briefing prior to 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;

5. Remind the patrol team about the strict observance of the PNP Operational Procedures;

6. Strictly observe "Buddy System" during the patrol operations;

7. Render hourly report of location and situation through radio/ telephone/cell phone to Police
Community Precinct (PCP)/ Station Headquarters Tactical Operation Center (TOC);

8. 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

9. Conduct debriefing after the patrol to assess its conduct and make necessary corrective measures on
defects noted.

Duties of Patrol Officer

1. Attend the Roll Call Formation before his Tour of Duty for briefing and likewise attend the after Tour
of Duty formation for debriefing;

2. Patrol the assigned beats, observe and check suspicious people, structures/buildings, compounds and
vehicles;

3. Observe and monitor public gatherings, prevent disorders and disperse unlawful assemblies;

4. Inspect and/or conduct surveillance in various business establishments and other installations and
remove hazards to public safety;

5. Check suspicious vehicles (private, public, or commercial/ delivery vehicles) along the main roads/
highways in the course of their patrol;

6. Report occurrences and conditions which relate to crime, public peace, order and safety;

7. Prevent crimes and arrest sighted law violators, assuring the public that peace is preserved;

8. Conduct regular visitations, dialogues/consultations with the residents and other stakeholders;

9. 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;

10. Enforce city/municipal ordinances on liquor establishments and night clubs, cabarets and all houses
of ill-repute;
11. Respond to calls, entertain complaints, initiate the investigation and protection of the scene and
minimize the after-effects of accidents, fires and other catastrophes;

12. Patrol Officers shall wear the prescribed patrol uniform; and part

13. Patrol Officers must have the equipment necessary in the performance of their duty.

Guidelines and Procedures when Responding to Calls for Police Assistance

1. 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.

2. The manner of approach will be dependent on the nature of the call, either with haste/secrecy or
with/without flashing lights and sirens.

3. Consider the pertinent factors like the time, traffic conditions, the possibility of greater damage and
the neighborhood characteristics.

4. Stop the patrol car some distance from the scene. Approach the scene on foot, in complete silence
and exercising extreme caution.

5. Immediately attend to the injured, unless the other members of the patrol are in immediate danger.
6. Focus all efforts to arrest criminals; however, priority shall

be given to aiding the injured.

7. Determine the crime committed, identify and question briefly the victim/complainant and possible
witnesses at the scene.

8. 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 escape of the suspects to the
Operations Center for the conduct of dragnet operations.

9. 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.

10. Never treat calls or complaints of loud noises caused by barking dogs, drunks, appliances and parties
as negligible or a nuisance. They only need courteous and tactful intervention and not enforcement
actions.

11. 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 for Explosive Ordnance
Disposal Team (EODT). On lookers must be promptly led to a safe distance away from the scene.

12. 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.
13. Do not attempt to arbitrate and resolve conflicts/differences between neighbors, landlords/tenants,
husband and wife.

Spot Checks/Accosting and Pat-Down Searches

Grounds for Spot Check/Search

1. Spot Check/Accosting. The police officer may stop an plus 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:

a. The appearance or demeanor of the individual suggests that he is part of a criminal enterprise
or is engaged in a criminal act;

a. The actions of the individual suggest that he is engaged in a criminal activity;

b. Questionable presence of the individual in the area;

c. The subject is carrying a suspicious object;

d. The suspect's clothing bulges in a manner that suggests he is carrying a weapon;

e. The suspect has been found in the time and place proximate to an alleged crime;

f. The police officer has knowledge of the suspect's prior criminal record or involvement in
criminal activity; and

g. The individual flees at the sight of a police officer.

2. 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 which may justify pat-down search:

a. The type of crime believed to be committed by the subject, particularly crimes of violence
where the threat of use or use of deadly weapon is involved;

b. Where the police officer handles several suspects;

c. The time of the day and the location where the patdown search took place;

d. Prior knowledge by the police officer of the suspect's use of force and/or propensity to carry
deadly weapons; e. The appearance and demeanor of the suspect;

f. Visual indications suggesting that the suspect is carrying a firearm or other deadly weapon;and

g. Whenever possible, pat-down searches should be performed by police officers of the same
gender.
Procedures and Guidelines

1. Spot Check/Accosting

a. When approaching the individual, the police officer shall clearly identify himself as a police
officer. If not in uniform, the police officer must identify himself by announcing his identity and
displaying official identification card and/or badge.

b. Police officers shall be courteous at all times but maintain caution and remain vigilant for
suspicious movements like attempting to retrieve weapon, conceal or discard contraband, or
other similar actions.

c. 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.

d. 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.

e. 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.

2. 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:

a. Whenever possible, pat-down searches should be conducted by at least two (2) police
officers, one to perform the search while the other provides protective cover.

b. 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 apart.
However, should an officer visually observe a weapon, a more secure search position may be
used like the prone (lying face down) position.

c. In a pat-down search, officers are permitted only to feel boste the outer clothing of the
suspect. Police officers may not place their hands inside the pockets of the subject's Strathm
clothing unless they feel an object that could probably be a weapon, such as a gun, knife, club,
or the like.

d. 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.

e. 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.

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.

Checkpoints

Authority to Establish Checkpoints

Checkpoint is a place where the police check vehicular/ pedestrian traffic in order to enforce
circulation control measure 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.

Composition

In the conduct of checkpoint, the checkpoint team shall be composed of, but not limited to, the
following:

1. Team Leader (TL)- shall lead and take responsibility in the conduct of checkpoint preferably an officer
with the rank of at least Police Lieutenant;

2. Spotter PNP personnel who will point/profile suspected vehicle subject for checkpoint;

3. Spokesperson TL or member who is in charge of communicating with the motorists subject for
checkpoint;

4. 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);

5. Search/Arresting Sub-Team - designated to conduct search, seizure and arrest, if necessary;

6. Security Sub-Team - tasked to provide security in the checkpoint area; and

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

Guidelines in the Conduct of Checkpoints

1. 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.
2. Checkpoints are established to enforce circulation control measure, laws, orders and regulations, and
when there is a need to arrest a criminal or fugitive from justice.

3. The composition of the personnel manning the checkpoint Se shall be left to the sound discretion of
the Team Leader (TL), with the consideration of female PNP officer in the team especially when there is
an anticipated female suspect.

4. 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.

5. 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).

6. 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.

7. The participation of the civilians and the presence of the media in the conduct of checkpoint must be
confined only as observers to give police additional eyes and promote transparency of activities in the
area.

8. 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. The accreditation of
the civilian groups to join in the conduct of checkpoint shall be administered by the Police Regional and
Provincial Offices.

9. PNP personnel manning the checkpoint must have a presentable appearance, wearing the prescribed
PNP uniform. Likewise, the civilian members must also be in their organization's uniform with their
names conspicuously displayed for identification. In no case shall the civilian components be allowed to
bear firearms during the checkpoint.

10. 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. The use of mixed uniforms
(GOA, FSU, black fatigue) in the conduct of checkpoint is strictly prohibited.

11. As much as possible, the area where the checkpoints shall be established must be properly lighted,
with a 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.

12. Due courtesy must be accorded to the motorists, traders and the commuters during the conduct of
checkpoint.

13. 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.

14. 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 and 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.

15. Violations/Infractions of the law discovered during the Pot checkpoint operation shall be
expeditiously disposed of following legal procedures. Arrested persons must be apprised of their rights
with respect to the Miranda Doctrine.

16. 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.

17. 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.

18. Checkpoint personnel must not limit their task to law Olve enforcement and crime deterrence. They
should also be Areve ready to provide police assistance in the vicinity e.g., giving le directions to
inquiring motorists or passers-by.

19. 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.

20. Police personnel assigned in the checkpoint shall not mulct, extort, or harass drivers, passengers,
and traders. Designated TL assigned at the checkpoint shall be responsible for the actuations and
behavior of his personnel and shall be accountable under the doctrine of Command Responsibility.

21. 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.

22. The police and the civilian component must separately submit their After Checkpoint Operation
Report to their respective units or organization for proper evaluation of the efficacy of the operation.

Procedure in the Conduct of Regular Police Checkpoint

1. 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 misencounter and any untoward incident;

2. 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 prior to their deployment;

3. 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:

a. Marked Patrol vehicles;

b. Firearms with basic load of ammunition; c. Handheld and vehicle base radios;

d. Flashlights;

e. Megaphone;

f. Video camera; and

g. Signage: Warning signs: (e.g., Slowdown Checkpoint Ahead, Checkpoint 20 Meters Ahead, etc); and
Information signs: (Name of the Unit and TL).

4. The Spotter of the team will be pre-positioned in a place where he can best point/profile suspected
vehicles prior to their approach to the checkpoint;

5. Search/Arresting Sub-Team shall flag down suspected vehicles and conduct search, seizure and
arrest, if necessary;

6. In the event of seized drugs, the team having initial custody and control of the drugs shall
immediately conduct 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;

7. Arrested persons and seized items shall be turned over to the investigation sub-team for
documentation and proper disposition;

8. In the event that 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;

9. Inform Higher Headquarters before terminating the conduct

10. The TL shall conduct debriefing of personnel after termination of the Checkpoint; and

11. Unit Commander shall submit After-Activity Report to Higher Headquarters.

Procedure in the Conduct of On-the Spot (Hasty) Checkpoints

1. PNP personnel conducting mobile patrols on board patrol vehicles will initially man the checkpoint, to
be complemented by additional personnel upon arrival of reinforcement. A 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;

2. In the case of PNP personnel conducting Internal Security Operation (ISO) or foot patrol, where a
vehicle and al collapsible signage is not readily available, the checkpoint shall be manned initially by said
personnel;

3. The team shall immediately inform Higher Headquarters of the exact location of the hasty Checkpoint
to include personnel involved and available equipment;
4. 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;

5. The Unit Commander of the personnel manning the hasty checkpoint shall immediately send
additional personnel, equipment and signage to the area in order to convert the Hasty Checkpoint into a
Regular Checkpoint; and 6. As soon as the Hasty Checkpoint is converted into a Regular

General Procedure to be Followed When Checkpoints are Ignored

When checkpoints are ignored, the following shall be observed:

1. In the event that 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;

2. 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

3. In the event that the occupants of the vehicle open fire on the personnel manning the checkpoint,
reasonable force to overcome the suspects' aggression may be employed.

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:

1. Call Headquarters to provide information on the make or type and plate number of the motor vehicle
to be accosted and, if possible, identity of occupants;

2. State the reason(s) for the planned intervention of the suspected motor vehicle;

3. Give the mobile car's location and its direction before making actual intervention;

4. 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;

5. Determine whether the suspects are hostile or not; 6. Make known to the suspect that you are after
them through the use of a siren or megaphone;

7. Instruct the driver to pull over or stop on the side of the road;
8. Park behind the suspect's vehicle at an appropriate distance and cautiously approach the vehicle on
the driver's side;

9. 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;

10. 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;

11. The other members of the team must be on guard for any eventuality while the vehicle is being
approached;

12. Talk to the driver in a most courteous manner 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;

13. 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;

14. 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

15. Before moving out, inform Headquarters regarding the situation/status and disposition of the person
and motor vehicle accosted.

Dealing with Hostile Situation

The following are the procedures to be followed in dealing with hostile drivers:

1. Stopping Vehicles

a. Follow the procedure stated in numbers 1-3 in the earlier paragraph;

b. Immediately request for back-up;

C. Follow the suspect and always keep him within visual range;

d. Expect that the suspect will notice your action at any time. Be prepared for hot pursuit or
actual hostile confrontation;

e. If the back-up is already in the vicinity, inform Headquarters that you are proceeding to accost
the suspect;

f. Inform the suspects that you are after them through the use of siren or megaphone and
instruct the driver to pull over or stop on the side of the street;

g. Park at an appropriate distance behind the suspect's vehicle;

 h. While the vehicle is being approached, the other members of the crew and back-up must be
on guard for any eventuality. Overreactions or aggression on the part of the police should be
avoided;

i. 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;

j. Direct the driver and other occupants of the vehicle not to make unnecessary movements and
to show their hands outside the car;

k. 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. Examine the documents and counter-check the driver on the information reflected
therein; and

l. If there are other suspects aside from the driver, separate them from one another.

2. Fleeing Vehicles

a. In the event that 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;

b. 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;

C. State the reason(s) for flagging down the suspected motor vehicle;

d. Give mobile car's location and its direction before making actual intervention;

e. 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.
Failure on their part to follow will be construed as a hostile act on their part. Execute
instructions on the use of reasonable force;

f. 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;

g. 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;

h. Arrest, handcuff and search the suspects and bring them to Headquarters for proper
disposition; and

i. Before moving out, inform Headquarters about the situation, status and disposition of the
suspects and motor vehicle accosted.
High-Risk Stop and High-Risk Arrest

1. Initial Stage
Upon receipt of information involving movement of armed person or persons, either singly or in group,
including unauthorized movement of government troops, or in immediate response to a reported
commission of crime perpetrated by armed persons, the PNP shall immediately:
a. Organize appropriate tactical security forces utilizing maximum firepower and armor assets.

b. Deploy the security forces to stopping zones in defensive position.

C. Seal off the area and establish strong roadblocks/ barricades.

2. Effecting a High Risk Stop

When effecting high-risk stop, the police officer shall:

a. Exert utmost effort to persuade the suspects to halt or stop their movement.

b. Start with the procedural conduct of regular warrantless arrest where arrest is inevitable.

c. Ensure proper documentation of the process. d. Respect the rights of all the persons involved.

3. During Violent Stage

The PNP shall strictly adhere to the PNP Operational Procedures (POP), particularly on the use of force

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 onboard 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;

b. Movement of suspected armed persons onboard 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:

1. Team Leader (TL) - shall lead and take responsibility in the conduct of roadblock preferably an
officer with the rank of at least Police Lieutenant;

2. Forward observer/spotter - PNP personnel who will point/profile suspected vehicle subject for
roadblock;

3. Spokesperson - TL or member who is solely in charge of communicating with the armed

suspects onboard a motor vehicle subject for roadblock;

4. Sniper- to render the vehicle un-operational to avoid escape and provide firepower support to
neutralize armed and hostile suspects during firefight;

5. Investigation Sub-team - in charge of investigation and documentation of the roadblock;

6. Search/Arresting Sub-Team - designated to conduct search, seizure and arrest;

7. Security Sub-Team tasked to provide security in the roadblock area and ensure exclusion of
other vehicles and civilians not subject of roadblock;

8. Blocking/Pursuing Sub-Team tasked to block/ pursue fleeing suspects/vehicle;

9. Medical Sub-Team tasked to provide immediate medical assistance if necessary;

10. Additional tactical personnel/team may be employed depending on the size of the hostiles;
and

11. Videographer - tasked to take videos of the entire roadblock operation.

a. The Team Leader (TL) shall brief the elements/members of the Police Roadblock and perform the
following:

1. 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, identity of the occupants;

2. State the reason(s) for the planned intervention of the suspected motor vehicle;

3. Give the exact location of the roadblock to include personnel involved, available equipment
and marked vehicles;

4. Coordinate with the Chief of Police and friendly forces who has territorial jurisdiction over the
area; and
 5. 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.

b. Participating personnel in the roadblock must be in their prescribed uniform; and

c. 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;

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 in 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 forny eventuality while the vehicle is being
approached;

l. Intervention procedures upon stop of subject vehicle:

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 arrest is inevitable;

3. Ensure proper documentation of the process; and 4. Respect the rights of all the persons
involved.

m. Procedures when suspects open fire/engage the troops:

1. In the event that the occupants of the vehicle open fire on the personnel manning the
roadblock, reasonable force to overcome the suspects' aggression may be employed;

2. Use only necessary force to neutralize suspects;

 3. Prevent panic firing;

4. Prevent collateral damage; and

5. Account for the casualties.

3. After the Roadblock:

a. When suspect/s surrendered or are arrested:

1. Arrested persons must be apprised of their rights in reference to the Miranda Doctrine.

2. 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:

1. Account for the casualties and give immediate medical assistance to the wounded;

2. Protect/preserve the crime scene/engagement area;

and 3. Ensure proper documentation of the process.

c. Fleeing Vehicles:

1. In the event that 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;

2. Fleeing vehicles shall not be fired upon except by a sniper but only to disable the vehicle;

3. 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;

4. State the reason(s) for flagging down the suspected motor vehicle;

5. Give mobile car's location and its direction before making actual intervention; and

6. Establish Hot Pursuit Operation.

Internal Security Operations

General Mandate

The PNP is mandated to provide active support to the Armed Forces of the Philippines (AFP) in
Internal Security Operations (ISO) for the suppression of the Communist Terrorist Movement (CTM) and
other serious threats to national security. (E.O. 546)

The PNP in an Active Support Role

The PNP shall perform the following:

1. Conduct sustained law enforcement actions against CTM atrocities;

2. In urban areas, the PNP may assume the lead role in ISO against the CTM, other threat groups and
organized crime groups engaged in armed offensives;

3. The PNP units may either operate as a single force or as a part of joint PNP-AFP combat operations. In
both cases, lateral coordination is a must;

4. The PNP units in CTM-affected areas may be placed under Operational Control (OPCON) of AFP units
but shall continue to perform law enforcement functions.

5. Specific areas where armed confrontations such as encounter, ambush, raid, liquidation and other
similar atrocities occur between government forces (PNP or AFP) and the Communist Terrorists (CTS)
shall be treated as a crime scene. The police unit that has jurisdiction over the areas shall conduct the
Crime Scene Investigation (CSI).

Defensive Position

Police Stations, especially those located in far-flung areas, are priority targets of attacks. As such,
security measures against CT atrocities must be undertaken as follows:

1. Continuously remind all PNP personnel to be extra vigilant and security conscious in their day-to-day
activities and during troop movements.

2. Duty station guards shall memorize, internalize and put into practice the 11 General Orders of a Duty
Guard. (Annex "Z") Likewise, they shall always carry their issued long firearms and ammunition
rig/bandoliers with basic load.

3. Vigorously implement added security measures in all Police Stations and Police Community Precincts.

4. Conduct sustained inspection of the operational readiness of PNP field units/stations.

5. Always keep in mind the modus operandi, strategies and tactics being practiced/employed by the
CTM and other threat groups.

6. Enhance the establishment of Advance Security Control Points (ASCPS) to control the ingress and
egress of people in Police Stations.

7. One of the strategies and tactics employed by CTM and other threats groups to gain access to police
stations is by wearing of PNP/AFP uniforms and that of other LEAS, hence, personnel assigned in the
advance security control points shall not allow entry of uniformed groups or any individuals without
prior coordination.

a. Exercise sustained vigilance and maintenance of law, order and public safety in respective
AOR through the intensified conduct of police visibility patrols.

b. Carry out Police Community Relation (PCR)/Barangay Peacekeeping Operations (BPO)

activities in areas that are prone to influence, infiltration and infestation of CTM fronts
organization.
 Arrest

General Guidelines

1. All arrests should be made only on the basis of a valid Warrant Arrest issued by a competent
authority, except in instances where the law allows warrantless arrest.

2. No violence or unnecessary force shall be used in making arrest, and the person to be arrested shall
not be subjected to any greater restraint than what is necessary under the circumstances. an

3. As a general rule, arrests can be made on any day of the week and at any time of the day or night. 4.
Only judges are authorized to issue Warrants of Arrest.

15. 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.

6. The following are immune from arrest:

a. 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

b. Diplomatic Agents, Under the Vienna Convention on Diplomatic Relations.

Warrant of Arrest

The warrant of arrest is the written authority of the arresting officer when making an arrest or
taking of a person into custody in order that he may be bound to answer for the commission of an
offense. The head of the office to whom the warrant of arrest has been delivered for implementation
shall cause the warrant to be implemented within ten (10) days from receipt. Within ten (10) days after
the expiration of such period, the police officer to whom it was assigned for implementation shall make
a report to the judge who issued the warrant and in case of his failure to implement the same, shall
state the reasons thereof.

Arrests Without a Warrant

A peace officer or a private person may, without a warrant, arrest a person:

1. When, in his presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense;

2. 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;

3. 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;

4. Where the accused released on bail attempts to leave the country without court permission;

5. Violation of conditional pardon, punishable under Article 159 of the Revised Penal Code as a
case of evasion of service of sentence; and
 6. Arrest following a Deportation Proceeding by the Immigration Commissioner against illegal
and undesirable aliens.

Authority of the Arresting Officer when Making an Arrest

1. 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.

2. Right of a police officer to break into building or enclosure - A police officer in order to make
an arrest, with or without 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.

3. 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 there from, when necessary, to
liberate himself.

4. 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 anytime and in any place within the
Philippines.

Procedures

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 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 Anti-torture
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
clearly established;
11. Bring the arrested person to the Police Station for documentation;

12. Make a Return of Warrant to the court of origin (Annex "B" Return of Warrant Form); and

13. Deliver the arrested person to jail/prison upon the issuance of a commitment order of the court.

Effecting Warrantless Arrest

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 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
clearly 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.

Duties of the Arresting Officer

1. It shall be the duty of the police officer implementing the Warrant of Arrest to deliver the arrested
person without Meal delay to the nearest Police Station or jail to record the fact of the arrest;

2. 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;

3. 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;

4. 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;
5. The person arrested, with or without warrant, shall be informed of his constitutional right to remain
silent and that any statement he makes could be used against him. Also, or on that he has the right to
communicate with his lawyer or his immediate family and the right to physical examination;

6. A person arrested without a warrant shall be immediately brought to the proper Police Station for
investigation without unnecessary delay. He shall be subjected to inquest proceedings within the time
prescribed in Article 125 of the Revised Penal Code (RPC);

7. No torture, force, violence, threat, intimidation, or any has y other means which vitiate the free will
shall be used against an arrested person. The bringing of arrested persons to secret detention places,
solitary confinement and the like is prohibited;

8. 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

9. 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.

Physical Examination of Arrested Person/Suspect

Before 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 physical examination. If the person arrested is female, she shall be
attended to preferably by a female doctor.

Search and Seizure

Requisites for the Issuance of Search Warrant

A search warrant shall be issued only upon probable cause in connection with one specific
offense to be determined personally by the judge after examination under oath or affirmation of the
complainant and the witnesses presented. The search warrant shall particularly describe the place to be
searched and the things to be seized which may be anywhere in the Philippines.

a. The following properties may be the objects of a search warrant:

1. Properties which are the subject of the offense;

2. Stolen, embezzled proceeds, or fruits of the offense; and

3. Objects including weapons, equipment, and other items used or intended to be used as the
means of committing an offense.

b. Objects that are illegal per se, even if not particularly described in the search warrant, may be seized
under the plain view doctrine.
Validity of Search Warrant

1. The warrant shall be valid for ten (10) days from date of issuance and may be served at any day within
the said period. Thereafter, it shall be void.

2. If, in the implementation of the search warrant, its object or purpose cannot be accomplished in one
day, the search can be continued the following day, or days, until completed, provided it is still within
the ten (10)- day validity period of the search warrant.

3. If the object or purpose of the search warrant cannot be accomplished within the ten (10)-day
validity period, the responsible police officer conducting the search must file, before the issuing court,
an application for the extension of the validity period of said search warrant.

Time of Search

The warrant should be served during daytime, unless there is a provision in the warrant allowing
service at any time of the day or night.

Applications for Search Warrant

All applications for Search Warrant shall be approved for filing by the Chief of Office. The
application shall indicate the following data:

1. Office applying for the Search Warrant;

2. Name of officer-applicant;

3. Name of the subject, if known;

4. Address/place(s) to be searched;

5. Specific statement of things/articles to be seized; and

6. Sketch of the place to be searched.

All approved applications shall be recorded in a log book, duly maintained for the purpose,
indicating the name of the applicant, name of the respondent, nature of the offense, and date of the
application.

Authority of Police Officers when Conducting Search

In the conduct of search, if after giving notice of his purpose and authority, the police officer is
refused admittance to the place of search, he may break open any outer or inner door or window or any
part of a house or a anything therein to implement the warrant or liberate himself or any person
lawfully aiding him when unlawfully detained therein.
Prohibited Acts in the Conduct of Search by Virtue of a Search Warrant

1. Houses, rooms, or other premises shall not be searched except in the presence of the lawful occupant
thereof or any member of his family or, in the absence of the latter, in the presence of two (2) witnesses
of sufficient age and discretion residing in the same locality.

2. Lawful personal properties, papers, and other valuables not specifically indicated or particularly
described in the search warrant shall not be taken.

Inventory and Delivery of Property Seized

1. The police officer who confiscates property under the warrant shall issue a detailed receipt of
property seized to the lawful occupant of the premises, or in the absence of such occupant, shall do so
in the presence of at least two (2) witnesses of sufficient age and discretion residing in the same locality;

2. The receipt shall likewise include items seized under the Plain View Doctrine;

3. The police officer must then leave a receipt in the place in which he found the seized property and a
duplicate copy thereof with any barangay official having jurisdiction over the place searched; and

4. The police officer must forthwith deliver the property seized to the judge who issued the warrant,
together with an inventory thereof, duly verified under oath.

Valid Search and Seizures Without Search Warrant

a. Search made incidental to a valid arrest

A person lawfully arrested may be searched for dangerous weapons or anything which may be
used or which may constitute proof in the commission of an offense, without a search warrant. The
warrantless search and seizure as an incident to a lawful arrest may extend beyond the person of the
arrested to include the premises or surroundings under his immediate control.

b. Search of moving vehicles

If the police officers who will conduct the search have reasonable or probable cause to believe,
before the search, that either the motorist is a law offender or they will find the instrumentality or
evidence pertaining to a crime in the vehicle to be searched, the vehicle may be stopped and subjected
to an extensive search.

c. Seizure of evidence in plain view

Any object in the plain view is subject to seizure and may be introduced as evidence.
Requirements under the Plain View Doctrine are:

1. The police officer must have prior justification for an intrusion or, otherwise, must be in a
position from which he can view a particular area;

2. The discovery of the evidence in plain view is unintentional; or

 3. It is immediately apparent to the police officer that the item he observes may be evidence of
a crime, contraband, or is a valid subject of seizure.

d. When there is waiver of the right or there is consented search

To constitute a waiver of this constitutional right, it must appear, first, that the right exists;
second, that the person involved had knowledge, either actual or constructive, of the existence of such
right; that said person had an actual intention to relinquish the right.

e. Searches Under Stop and Frisk Rule

The police officer has the right to stop a citizen on the street, interrogate him, and pat him for
weapons whenever he observes unusual conduct which convinces him that a criminal activity exists.

f. Emergency and Exigent Circumstances

A search warrant could be validly dispensed with in cases of exigent and emergency situation,
and the police officers have reasonable grounds to believe that a crime is being committed, and they
have no opportunity to apply for a search warrant from the courts because the latter were closed.

g. Tipped Information

If the police officers have reasonable grounds to believe that the subjects are engaged in illegal
activities, the tipped information is sufficient to provide probable cause to effect a warrantless search
and seizure.