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Police Operation specialized training on the peculiarity of the mission

or purpose.
Police is a body of armed men, which as an
institution, can exercise its duties by armed 6. Investigation Operations - This includes
physical forces to preserve peace and order, investigation of crime or incident, Scene of the
detection of crime, and the execution of laws Crime Operations (SOCO), administrative
(Castillio, R., and Flores Jr., A.D., 2022, p. 11). investigation and other investigative work
They are a body of officers representing the civil necessary to determine facts and circumstances for
authority of the government, and are responsible filing cases criminally or administratively.
for maintaining public order and safety, enforcing
7. Police Community Relations - This includes
the law, and preventing, detecting, and
three interrelated dimensions to accomplish its
investigating criminal activities (Kelling, 2021).
mission namely: community affairs and
Police operations are defined as the job duties,
development, public information, and information
responsibilities, and activities that law enforcement
development operations to forge partnership and
agents complete in the field (Police Operations:
strengthen collaboration and linkages with the
Theory & Practice, 2017).
community
Categories of Police Operations
Philippine National Police
According to the Revised PNP Police Operational
The Philippine National Police (PNP) is the civilian
Procedure (2021) the following are the categories
national police force of the Philippines (Official
of Police Operations in the Philippine:
Gazette, n.d.). It is a community and service
1. Patrol Operations- It is the most basic police oriented agency responsible for the maintenance of
function and known as the backbone of policing. peace and order and public safety. It is national in
scope and civilian in character administered and
2. Law Enforcement Operations This includes
controlled by a national police commission (RA
service of warrant of arrest, implementation of
8551, 1998, Section 2).
search warrant, enforcement of visitorial powers of
the Chiefs of Police, and other anti-criminality Powers and Functions of PNP
operations.
The PNP have the following powers and functions
3. Internal Security Operations This includes (RA 6975, 1990, Section 24):
counterterrorism operations and similar operations
1. Enforce all laws and ordinances relative to the
against other threat groups that are conducted to
protection of lives and properties;
ensure internal security.
2. Maintain peace and order and take all necessary
4. Public Safety Operations - This includes
steps to ensure public safety;
critical incident management procedures, search,
rescue and retrieval operations, hostage situation, 3. Investigate and prevent crimes, effect the arrest
civil disturbance management operation, of criminal offenders, bring offenders to justice and
management of health hazards and other assist in their prosecution;
operations that promote public safety.
4. Exercise the general powers to make arrest,
5. Special Police Operations - This includes search and seizure in accordance with the
high-risk checkpoint and roadblock operation, Constitution and pertinent laws;
police assistance in the implementation of order
from the court and other quasi-judicial bodies, 6. Issue licenses for the possession of firearms and
security to major and special events, aircraft explosives in accordance with law;
hijacking operations, visit, board, search and 7. Supervise and control the training and
seizure of marine vessels, and similar police operations of security agencies and issue licenses
operations that are conducted by police units with to operate security agencies, and to security guards
and private detectives, for the practice of their 4. With the use of Body Worn Cameras (BWCs)
professions; and and/or Alternative Recording Devices (ARDS)
during the conduct of searches and arrests.
8. Perform such other duties and exercise all other
functions as may be provided by law.

PNP Operational Guidelines Use of Force Policy

According to the Revised PNP Police Operational


Procedure (2021), all PNP personnel shall respect
In the lawful performance of duty, a police officer
and uphold the human rights and dignity of all
shall use necessary and reasonable force to
persons at all times. Regardless of the type of
accomplish his/her mandated task of enforcing the
function to be performed and/or police operations
law and maintaining peace and order. However, a
to be conducted, all PNP personnel must know by
police officer is not required to afford the
heart and shall comply with and apply the following
offender/s attacking him/her the opportunity for a
principles and procedures (POP Manual, 2021):
fair or equal struggle. The necessity and
-To Serve and Protect- The responsibility of reasonableness of the force employed will depend
every police officer is to serve the public and upon the following (POP Manual, 2021, Section 2-
protect life and property. 4):

-To Respect Human Rights and Dignity of


Person- All PNP personnel shall respect and
-The number of aggressors,
uphold the human rights and dignity of all persons
at all times. -Nature and characteristic of the weapon used,
Requirements of Police Operations -Physical condition,
In all planned police operations, the team leader of -Size and other circumstances to include the place
the operating team/s shall secure a Pre-Operation and occasion of the assault.
Clearance prior to the conduct of operation. This
clearance must be approved by their
Chief/Commander/ Head of Office/Unit and must During confrontation with an armed offender, only
be submitted at the Operations Section/ Division of such necessary and reasonable force shall be
the concerned operating police units for record applied as would be sufficient to overcome the
(POP Manual, 2021, Section 2-1)). aggression by the offender; subdue the clear and
The basic requirements of police operations such as imminent danger posed by him/her; or to justify
but not limited to arrest, search and seizure, the force/act under the principles of self- defense,
checkpoint, roadblocks, and civil disturbance defense of relative, defense of stranger or
management are conducted as follows: fulfillment of duty. The excessive use of force to
arrest or immobilize the suspect during police
1. With marked police vehicle; operation is prohibited (POP Manual, 2021, Section
2-4).
2. Led by a Police Commissioned Officer (PCO) or
the most senior Police Non-Commissioned Officer
(PNCO) in the absence or unavailability of a PCO;
and Three Approaches on The Use of Force
Continuum
3. With personnel in prescribed police uniform
except for covert operatives when serving warrant The Force Continuum' is a linear-progressive
of arrest provided personnel in uniform shall be decision-making process which displays the array of
present during the arrest police reasonable responses commensurate to the
level of suspect/law offender's resistance to effect
compliance, arrest and other law enforcement
actions. There are three (3) approaches on the Use -The intent of the suspect/s to harm the police
of Force Continuum, they are (POP Manual, 2021, officer or other persons;
Section 2-4, 2.9):
-The capability of the suspect/s to harm with
1. Non-Lethal Approach - This involves the certainty the
police presence in crime-prone areas and the
police officer or other persons; and
employment of activities or actions to persuade
and/or request cooperation of people particularly -Accessibility or the proximity of the suspect/s from
suspects and law offenders to police instructions the police officer and other persons.
and other control efforts.

2. Less Lethal Approach - This involves the


employment of less lethal equipment that does not A police officer who fires his/her service
cause serious injury and/or death and that less firearm or weapon during a confrontation with an
physical measures have been tried and deemed offender or offenders must submit an incident
inappropriate purposely to ensure cooperation, report outlining the circumstances necessitating the
compliance or surrender. The age, gender and use of his/her firearm.
health condition of offenders shall be considered Patrol
before the employment of less lethal equipment.
Patrol is the action of traversing a district or beat or
3. Lethal Approach - This involves the of going the rounds along a chain of guards for
employment of lethal equipment usually as a last observation or the maintenance of security
resort. Lethal force will only be employed when all (Merriam-Webster, n.d.). Police patrols play an
other approaches have been exhausted and found important role in public service by responding to
to be insufficient to thwart the life-threatening incidents, deterring and preventing crimes. It can
actions or omissions posed by armed suspect or give a sense of security to people who need
law offender. This approach carries with it the protection and discourage those who may commit
greater responsibility as it may result in severe crimes in the absence of a patrol. The goals and
injury and serious bodily harm and/or death. objectives of police patrol include crime prevention,
criminal apprehension, law enforcement, order
maintenance, public services, and traffic
Use of Firearm During Police Operations enforcement (Zhang, Y., and Brown, D.E., 2013).
The use of a firearm is justified if the offender
poses an imminent danger of causing death or
injury to the police officer or other persons. The Patrol Guidelines
use of firearms is also justified under the doctrines According to the Revised PNP Police Operational
of self-defense, defense of a relative, and defense Procedure (2021) the following are the guidelines
of a stranger. The police shall not use warning in conducting patrol operations:
shots during police operation except when the
police officer is outnumbered and overpowered,
and his/her life and limb is in imminent danger 1. Conduct briefing before and debriefing after
(POP Manual, 2021, Section 2-5). patrol operations
A moving vehicle and its occupants shall not 2. Perform firearm and equipment check prior to
be fired upon except when its occupants pose dispatch.
imminent danger of causing death or injury to the
police officer or any other person, and that the use 3. Observe precautionary measures and personal
of firearm does not create any danger to the public safety while on patrol;
and outweighs the likely benefits of its non-use. In
4. Plan out patrol routes based on prevailing crime
firing at a moving vehicle, the following parameters
trends
should be considered:
and patterns; c. Conduct personnel and equipment check;

5. Observe defensive driving and follow traffic rules d. Conduct briefing prior to dispatch by
and regulations; disseminating any orders, directives or instructions
from the Chief of Police (COP) or higher authorities
6. Establish good rapport with people on your beat
and new policy or guidelines being implemented by
and be familiar with all the people in the
the PNP Organization;
community;
e. Render hourly report of personnel location and
7. Patrol members must be always on the look-out
situation through radio/telephone/cellphone to
for indications of vices and other illegal activities on
Police Community Precinct (PCP)/ Station
their beat;
Headquarters Tactical Operation Center (TOC);
8. Patrol members must be knowledgeable of all
f. Render after-patrol report duly signed by duty
conditions, events and details of places on their
supervisor. PCP Commanders shall collate and
beat;
submit significant details to the Station Patrol
9. Be observant of people, places, situations or Supervisor, who in turn, will submit the same to
conditions and develop an inquisitive attitude the Provincial/ District Patrol Supervisor; and
especially if the subject appears to be slightly out
g. Conduct debriefing immediately after the
of the ordinary;
completion of patrol duties.
10. Keep under close observation actions of
juveniles, troublemakers / agitators and the
mentally ill/retarded persons and report information 2. Patrol Officers
to the concerned agency for appropriate action;
a. Attend the roll call formation before his/her Tour
11. When requiring proof of identification from any of Duty for briefing and likewise attend the after
person, let him/her hand it over to you and; Tour of Duty formation for debriefing:

12. Patrol members must inform the tactical b. Patrol the assigned beats, observe and check
operations center Before responding to any suspicious people, structures/buildings, compounds
incident. and vehicles;

c. Observe and monitor public gatherings, prevent


disorders and disperse unlawful assemblies;
Patrol Duties
d. Inspect and/or conduct surveillance in various
The following are the duties during the conduct of
business establishments and other installations and
patrol operations (POP Manual, 2021, Rule 1.2):
remove hazards to public safety;
1. Patrol Supervisors
e. Check suspicious vehicles (private, public, or
a. Make a patrol plan with the following details: commercial/ delivery vehicles) in the course of their
patrol;
-Area Coverage: safe haven, ambush areas
f. Report occurrences and conditions which relate
and crime prone areas; to crime,
-Organizational detail of personnel; public peace, order and safety;
-Duration; g. Prevent crimes and arrest criminal offenders;
-Stand-by points; and h. Conduct regular visitations,
-Route plan dialogues/consultations with the residents and
other stakeholders;
b. Designate members of the patrol team/s;
i. Assist personnel of responsible agencies/unit in A police officer who fires his/her service firearm or
facilitating the flow of traffic at busy weapon during a confrontation with an offender or
intersections/roads within his/her Area of offenders must submit an incident report outlining
Responsibility (AOR), assist and provide pedestrian the circumstances necessitating the use of his/her
information such as directions and street locations; firearm.

j. Respond to calls, entertain complaints, initiate


the investigation and protection of the crime scene
Spot Checks and Pat Down Searches
and minimize the after-effects of accidents, fires
and other catastrophes; Spot checks are usually conducted in times of
heightened security alerts or in areas where a
k. Wear the prescribed patrol uniform;
crime has been committed and investigation or
1. surveillance in bring conducted and where the
police need to increase their vigilance (PNP Human
Have the necessary equipment; and
Rights Affairs Office (HRAD), abon, pas A pat-down
m. Strictly observe the "Buddy System" during the search is when a police officer puts down the outer
patrol operations. surfaces of a person's clothing in an attempt to find
weapons Legal Information Institute (LI). d.).

Grounds for Stopping and Pat Down Searches


Use of Firearm During Police Operations
According to the Revised PNP Police Operational
The use of a firearm is justified if the offender Procedure (2013) the following are the grounds for
poses an imminent danger of causing death or a spot cheek and pat down searcher
injury to the police officer or other persons. The
use of firearms is also justified under the doctrines 1. Stopping
of self-defense. defense of a relative, and defense
The police officer may stop a person only when
of a stranger. The police shall not use warning
there is genuine reason to believe, based on
shots during police operation except when the
experiences and the particular circumstances that a
police officer is outnumbered and overpowered,
criminal activity may be foot. The police officer
and his/her life and limb is in imminent danger
must be able to point to specific facts that, when
(POP Manual, 2021, Section 2-5).
taken together with rational inferences. reasonably
A moving vehicle and its occupants shall not be warrant the stop. Such facts include, but not
fired upon except when its occupants pose limited to the following (POP Manual, adai, Rule
imminent danger of causing death or injury to the 2.1):
police officer or any other person, and that the use
-The person is reported to be allegedly involved in
of firearm does not create any danger to the public
criminal activity,
and outweighs the likely benefits of its non-use. In
firing at a moving vehicle, the following parameters -The actions or demeanor of the person suggest
could be considered: that he/she in engaged in a criminal activity:

-The person is carrying something illegal or when


his/her clothing bulges in a manner that suggests
The intent of the suspect to harm the police officer
he/she is carrying a weapon; and
or other persons:
-The person is seen at the time and place
The capability of the suspects to harm with
proximate to an alleged crime incident and/or fires
certainty the police officer or other person and
at the sight of a police officer.
Accessibility or the proximity of the suspects from
2. Put Down Search
the police officer and other persons.
A police officer has the right to perform body
frisking if the person has been stopped with
genuine reason to believe that he/she carries restraint, and sensitivity in the following manner
weapon/s and poses a threat to the police officer's (POP Manual, 2021, Rule 2.1):
or another person's safety, Circumstances which
a. Whenever possible, body frisking shall be done
may justify body frisking (pat-down search) include
by at least two police officers, one to do the search
but not limited to the following (POP Manual, 2021,
while the other provides security. It shall be done
Rule 2.1):
with the person in a standing position with hands
Visual indication suggesting that the person is raised. The police officers are permitted only to feel
carrying a firearm or other deadly weapon: the outer clothing of the person. Police officers
shall not place their hands inside the pockets of the
The type of crime believed to have been committed
clothing unless they feel an object that could
by the person, particularly crimes of violence where
probably be a weapon, such as a gun, knife, club,
the threat of use or use of deadly weapon is
or the like.
involved; and
b. If the person is carrying an object such as a
The threatening demeanor of the person.
handbag, suitcase, briefcase, sack, or other similar
Procedures and Guidelines for Stopping and items that may conceal a weapon, the police officer
Pat Down Search shall not open the item but instead put it in a place
out of the person's reach.
According to the Revised PNP Police Operational
Procedure (202 the following are the procedures c. If the external patting of the person's clothing
and guidelines for stopping and p down searches: fails to disclose evidence of a weapon, no further
search may be made. If a weapon is found and the
1. For Stopping possession of which constitutes a violation of the
a. When approaching the person, the police officer law, the police officer shall arrest the person and
shall clearly identify himself/herself and present conduct a complete search.
his/her identification card.

b. Police officers shall be courteous at all times but Checkpoints


remain cautious and vigilant.
A checkpoint is an area where vehicles and/or
c. Before approaching more than one person, persons are stopped, identities are verified,
police officers should determine whether the possessions searched, and a decision is made
circumstances warrant a request for back-up or whether or not to detain the persons/ vehicles or to
whether the stopping should be delayed until such allow them to pass. Checkpoints aim at controlling
back-up arrives. an area, to allow a "safe area" to protect from
d. Police officers shall confine their questions in outside influence, to deny hostile intelligence
relation to the grounds for stopping the person. In gathering opportunities and to be effective they
no instance shall a police officer stop a person must not be able to be bypassed (United Nations,
longer than the period reasonably necessary. 2015).

e. Police officers are not required to inform the


person of his/her rights under the law (i.e. Miranda Types of Checkpoints
Warning, Anti-torture law, etc.) unless the person
is placed under arrest. Nations, The following are the types of checkpoints
(United

1. Mobile checkpoint- It responds to an immediate


2. For Pat Down Search operational need and can be removed immediate
when genuine reason justifies body frisking (pat- after the execution of the operation without have
down search), it shall be done with due caution, an impact on the security of the concerned area, t
population living in it and the personnel deployed -Checkpoints are established to enforce laws,
the operation. rules, and regulations, and when there is a
need to arrest a criminal or fugitive from
2. Fixed checkpoint-It can be permanent or
justice.
temporary and it takes places where a decision has
been taken carry out checks on a regular, even -Mobile checkpoints are authorized only when
daily basis established in conjunction with ongoing police
operations. Only marked vehicles with blinkers
turned on shall be used in mobile checkpoints.
Authority to Establish Checkpoints
-Designation of the personnel manning the
 Regional Director (RD); checkpoint shall be left to the sound discretion
 District Director; of the Team Leader (TL). preferably with
 Provincial Director: female personnel especially when there is an
 City Director; anticipated involvement of a female suspect.
 Chief of City/Municipal Police Station;
 Station Commander;
 Sub-Station Commander; and Arrest
 Police Community Precinct Commander
Arrest is placing a person in custody or under
restraint, usual for the purpose of compelling
obedience to the law. If the arrest occur in the
Composition of Checkpoint Team
course of criminal procedure, the purpose of
The checkpoint team shall be composed of, but not the restraint is hold the person to answer to a
limited to, following (POP Manual, 2021, Rule criminal charge or to prevent him from
2.2.b.): committing an offense (Encyclopedia Britannica,
2011).
1. Team Leader (TL) - shall lead and take
responsibility in the conduct of checkpoint General Guidelines in Making an Arrest
preferably a Police Commissioned Officer
According to the Revised PNP Operations
(PCO). In the absence of a PCO, the most
Manual (2021), t following are the guidelines in
Senior Police Non-Commissioned Officer (PNCO)
making arrest:
will act as Team Leader;
-All arrests should be made only on the basis of
2. Spotter/Profiler shall point/profile
a valid warrant of arrest issued by a judge,
suspected vehicle subject for checkpoint;
except in instances where the law allows
3. Verifiers shall conduct document warrantless arrest..
verification, search, seizure and arrest, if
-No violence or unnecessary force shall be used
necessary, initial custody of seized evidence;
in making an arrest, and the person to be
4. Search/Arresting Personnel -shall search, arrested shall not be subjected to any restraint
seize illegal items and arrest offenders; greater than what is necessary under the
circumstances (The Revised Rules of Criminal
5. Forward/Rear Security- shall provide Procedure, Rule 113, Section. 2).
security in the checkpoint area and
block/pursue fleeing suspects/vehicle;

Guidelines for Checkpoint Operation General Guidelines in Making an Arrest

According to the Revised PNP Police According to the Revised PNP Operations
Operational Procedure (2021) the following are Manual (2021), following are the guidelines in
the guidelines on conducting checkpoint making arrest:
operation:
- All arrests should be made only on the basis was assigned for execution shall make a report
of a valid warrant of arrest issued by a judge, to the judge who issued the warrant. In case of
except in instances where the law allows his failure to execute the warrant, he shall state
warrantless arrest. the reasons therefor (The Revised Rules of
Criminal Procedure, Rule 113. Section. 4). It is
-No violence or unnecessary force shall be used
the duty of the officer executing the warrant to
in making an arrest, and the person to be
arrest the accused and to deliver him to the
arrested shall not be subjected to any restraint
nearest police station or jail without
greater than what is necessary under the
unnecessary delay (The Revised Rules of
circumstances (The Revised Rules of Criminal
Criminal Procedure, Rule 113, Section. 3).
Procedure, Rule 113, Section. 2).
Moreover, Any member of the Philippine Bar
-Arrests can be made on any day of the week shall, at the request of the person arrested or
and at any time of the day or night (The of another acting on his behalf, have the right
Revised Rules of Criminal Procedure, Rule 113, to visit and confer privately with such person in
Section. 6). the jail or any other place of custody at any
hour of the day or night. Subject to reasonable
-If the accused is already in detention, a return, regulations, a relative of the person arrested
together with required documents, shall be can also exercise the same right (Rule 113,
made for any standing warrants of arrest issued Section. 14).
after the service.
Authority of the Arresting Officer when
-A senator or member of the House of Making an Arrest
Representatives shall, in all offenses punishable
by not more than six years imprisonment, be -An officer making a lawful arrest may orally
privileged from arrest while the congress is in summon as many persons as he deems
session. No member shall be questioned nor be necessary to assist him in effecting the arrest.
held liable in any other place for any speech or Every person so summoned by an officer shall
debate in the congress or in any committee assist him in effecting the arrest when he can
thereof. render such assistance without detriment to
himself (Rule 113, Section, 10).
-Diplomatic agents and couriers, under the
Vienna Convention on Diplomatic Relations, are -An officer, in order to make an arrest either by
not liable to any form of arrest or detention. virtue of a warrant, or without a warrant, may
break into any building or enclosure where the
person to be arrested is or is reasonably
Rule 113 of the Rules of Court believed to be, if he is refused admittance
thereto, after announcing his authority and
According to the Rule 113 of The Revised Rules purpose (Rule 113, Section. 11).
of Criminal Procedure (2000). Arrest is the
taking of a person into custody in order that he -Whenever an officer has entered the building
may be bound to answer for the commission of or enclosure, he may break out therefrom when
an offense. It is made by an actual restraint of necessary to liberate himself (Rule 113,
a person to be arrested, or by his submission to Section. 12).
the custody of the person making the arrest -If a person lawfully arrested escapes or is
(The Revised Rules of Criminal Procedure, Rule rescued, any person may immediately pursue or
113, Section. 2). retake him without a warrant at any time and in
The head of the office to whom the warrant of any place within the Philippines (Rule 113,
arrest was delivered for execution shall cause Section. 13).
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
Warrantless Arrest information will imperil the arrest (Rule 113,
Section. 8).
The Rule 113 of The Revised Rules of Criminal
Procedure (20 states that, A peace officer or a 3. Method of Arrest by Private Person
private person may, without a warra arrest a
When making an arrest, a private person shall
person on the following grounds:
inform the person to be arrested of the
1. When, in his presence, the person to be intention to arrest him and cause of the arrest,
arrested has committed, is actually committing, unless the latter is either engaged in the
or is attempting to commit an offense; commission of an offense, is pursued
immediately after its commission, or has
2. When an offense has just been committed,
escaped, flees, or forcibly resists before the
and he has probable cause to believe based on
person making the arrest has opportunity to so
personal knowledge of facts or circumstances
inform him, or when the giving of such
that the person to be arrested has committed
information will imperil the arrest (Rule 113,
it; and
Section. 9).
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 is Duties of the Arresting Office
temporarily confined while his case is pending,
The following are the duties of the arresting
or has escaped while being transferred from
officers (POP Manual, 2021, Section 2.6.c):
one confinement to another.
1. To use at least one Body Worn Cameras
Method of Arrest
(BWCs) and/or Alternative Recording Devices
The following are the methods of arrest (ARDS), or a minimum of two devices, or such
according to Rule 113 of Th Revised Rules of number as may be necessary;
Criminal Procedure (2000):
2. To deliver the arrested person without delay
1. Method of Arrest by Officer by Virtue of to the nearest Police Station or jail to record the
Warrant fact of the arrest;

When making an arrest by virtue of a warrant, 3. To inform the person arrested of the cause
the officer shall inform the person to be of the arrest and the fact that a warrant had
arrested of the cause of the arrest and of the been issued for his/her arrest;
fact that a warrant has been issued for his
4. When a woman is arrested, a policewoman
arrest, except when he flees or forcibly resists
shall conduct the complete body search;
before the officer has opportunity to so inform
him, or when the giving of such information will 5. When a Child in Conflict with the Law (CICL)
imperil the arrest. is arrested, he/she shall be processed by the
Women's and Children's Protection Desks
(WCPD) officer and shall immediately be
2. Method of Arrest by Officer Without separated from other adult suspects.7
Warrant
6. If a foreign national is arrested, the arresting
When making an arrest without a warrant, the officer through his/her COP/Unit Commander,
officer shall inform the person to be arrested of shall perform the following:
his authority and the cause of the arrest, unless
a. Inform the Foreign Liaison Division (FLD),
the latter is either engaged in the commission
Directorate for Intelligence (DI), PNP Command
of an offense, is pursued immediately after its
Center (PCC) and the immediate higher office
commission, has escaped, flees or forcibly
through Short Messaging System (SMS) within
resists before the officer has opportunity so to
one hour upon the arrest;
inform him, or when the giving of such
b. Submit a written report of the incident within
eight hours to the immediate higher office.

7. To inform the person to be arrested of


his/her identity, authority and the basis of the
arrest except when he/she flees or forcibly
resists before the arresting officer has the
opportunity to inform him/her or when the
giving of such information will imperil the arrest
(In case of arrest without a warrant).

8. To inform the person to be arrested either


arrested with warrant or no warrant, of his/her
constitutional right to remain silent and that
any statement he/she makes could be used
against him/her. Also, that he/she has the right
to communicate with his/her lawyer or his/her
immediate family and the right to physical
examination;

9. To subject arrested person with or without


warrant to a medical examination prior to
temporary detention:

10. To immediately bring to the Police Station


for investigation without unnecessary delay the
person arrested without warrant;

11. To ensure that the arrested person is free


from torture or physical abuse;8

12. To ensure that the former signs a waiver of


detention in the presence of his/her counsel of
choice, if the person arrested without a warrant
waives his/her right under the provisions of Art
125 of the Revised Penal Code; and

13. To ensure that the waiver is made in writing


and signed by the person arrested in the
presence of a counsel of his/ her own choice or
a competent and independent counsel provided
by the government, if the person arrested
waives his/her right against self-incrimination
and chooses to give his/her statement.

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