Cri 321 Ulo a - Ulo d Sim

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THE UNIVERSITY OF MINDANAO

College of Criminal Justice Education


BS Criminology

Physically Distanced but Academically Engaged

Self-Instructional Manual (SIM) for Self-Directed Learning (SDL)

Course/Subject: CRI 321- LAW ENFORCEMENT OPERATIONS and PLANNING


with CRIME MAPPING

Name of Teacher: IVY Q. MALIBIRAN, MSCrim.

THIS SIM/SDL MANUAL IS A DRAFT VERSION ONLY; NOT FOR


REPRODUCTION AND DISTRIBUTION OUTSIDE OF ITS INTENDED USE. THIS
IS INTENDED ONLY FOR THE USE OF THE STUDENTS WHO ARE OFFICIALLY
ENROLLED IN THE COURSE/SUBJECT.
EXPECT REVISIONS OF THE MANUAL.
College of Criminal Justice Education
Matina Campus, Davao City
2nd floor GET Building
Telefax: (082)300-5456

TABLE OF CONTENTS
Page
Course Outline 3
Self-Instructional Module Policy 4
Course Information 8
Course Outcome 8
Facilitator’s Voice 8
Big Picture in Focus: ULO a
Metalanguage 9
Essential Knowledge 10
Self-help 16
Let’s Check 16
Let’s Analyze 18
In a Nutshell 19
Keywords Index 20
Big Picture in Focus: ULO b
Metalanguage 20
Essential Knowledge 21
Self-help 32
Let’s Check 33
Let’s Analyze 35
In a Nutshell 36
Keywords Index 37
Big Picture in Focus: ULO c
Metalanguage 38
Essential Knowledge 39
Self-help 46
Let’s Check 46
Let’s Analyze 48
In a Nutshell 49
1|P age
College of Criminal Justice Education
Matina Campus, Davao City
2nd floor GET Building
Telefax: (082)300-5456

Keywords Index 49
Big Picture in Focus: ULO d
Metalanguage 50
Essential Knowledge 51
Self-help 63
Let’s Check 64
Let’s Anayze 65
In a Nutshell 66
Keywords Index 66
Q&A List 67
Final Written Exam 67
Course Schedule 67
Online Code of Conduct 68

2|P age
College of Criminal Justice Education
Matina Campus, Davao City
2nd floor GET Building
Telefax: (082)300-5456

Course Outline: CRI 321: LAW ENFORCEMENT OPERATIONS and PLANNING


AND CRIME MAPPING

Course Coordinator : IVY Q. MALIBIRAN


Email : [email protected]
Student Consultation : Done online (LMS) or traditional contact
(calls, text, emails)
Mobile : 0929-7901308
Effectivity Date : Jan. 11, 2021
Mode of Delivery : Online Blended Delivery
Time Frame : 54 hours Lecture
Requisites : None
Student Workload : Expected Self-Directed Learning
Credit : 3 units Lecture
Attendance Requirements : For lecture online sessions: minimum of
95% attendance. For 2-day on-
campus/onsite final exam: 100%
attendance.

Self-Instructional Module Policies

Areas of Concern Details

This 3-unit course self-instructional manual is


designed for blended learning mode of
instructional delivery with scheduled face to face or
Contact and Non-contact
virtual sessions. The expected number of hours
Hours
will be 54 which including lecture and examination
days. The face to face sessions shall include the
summative assessment tasks (exams) since this
course is crucial in the licensure examination for
criminologists.

3|P age
College of Criminal Justice Education
Matina Campus, Davao City
2nd floor GET Building
Telefax: (082)300-5456

Submission of assessment tasks shall be on 3rd,


5th, 7th and 9th week of the term. The assessment
paper shall be attached with a cover page
indicating the title of the assessment task (if the
task is performance), the name of the course
Assessment Task
coordinator, date of submission and name of the
Submission
student. The document should be emailed to the
course coordinator. It is also expected that you
already paid your tuition and other fees before the
submission of the assessment task. If the
assessment task is done in real time through the
features in the Blackboard Learning Management
System, the schedule shall be arranged ahead of
time by the course coordinator.

Since this course is included in the licensure


examination for criminologists, you will be required
to take the Multiple-Choice Question exam inside
the University. This should be scheduled ahead of
Turnitin Submission time by your course coordinator. This is non-
(if necessary) negotiable for all licensure-based programs.

To ensure honesty and authenticity, all


assessment tasks are required to be submitted
through Turnitin with a maximum similarity index
of 30% allowed. This means that if your paper goes
beyond 30%, the students will either opt to redo
her/his paper or explain in writing addressed to the
course coordinator the reasons for the similarity. In
addition, if the paper has reached more than 30%
similarity index, the student may be called for a
disciplinary action in accordance with the
University’s OPM on Intellectual and Academic
Honesty.

Please note that academic dishonesty such as


cheating and commissioning other students or
people to complete the task for you have severe
punishments (reprimand, warning, expulsion).

4|P age
College of Criminal Justice Education
Matina Campus, Davao City
2nd floor GET Building
Telefax: (082)300-5456

The score for an assessment item submitted after


the designated time on the due date, without an
approved extension of time, will be reduced by 5%
Penalties for Late of the possible maximum score for that
Assignments/ assessment item for each day or part day that the
Assessments assessment item is late.

However, if the late submission of assessment


paper has a valid reason, a letter of explanation
should be submitted and approved by the course
coordinator. If necessary, you will also be required
to present/attach evidences.

Assessment tasks will be returned to you two (2)


weeks after the submission. This will be returned
by email or via Blackboard portal.
Return of Assignments/
Assessments For group assessment tasks, the course
coordinator will require some or few of the students
for online or virtual sessions to ask clarificatory
questions to validate the originality of the
assessment task submitted and to ensure that all
the group members are involved.

You should request in writing addressed to the


course coordinator his/her intention to resubmit an
assessment task. The resubmission is premised
Assignment Resubmission on the student’s failure to comply with the similarity
index and other reasonable grounds such as
academic literacy standards or other reasonable
circumstances e.g. illness, accidents financial
constraints
You should request in writing addressed to the
Re-marking of Assessment program coordinator your intention to appeal or
Papers and Appeal contest the score given to an assessment task. The
letter should explicitly explain the reasons/points to
contest the grade. The program coordinator shall
communicate with the students on the approval and
disapproval of the request.

If disapproved by the course coordinator, you can


elevate your case to the program head or the dean
with the original letter of request. The final decision
will come from the dean of the college.

5|P age
College of Criminal Justice Education
Matina Campus, Davao City
2nd floor GET Building
Telefax: (082)300-5456

All culled from BlackBoard sessions and traditional


contact

Course discussions/exercises – 30%


1st formative assessment – 10%
Grading System 2nd formative assessment – 10%
3rd formative assessment – 10%

All culled from on-campus/onsite sessions (TBA):


Final exam – 40%

Submission of the final grades shall follow the usual


University system and procedures.

Preferred Referencing All outputs in this course which requires the


Style indication of references shall follow the general
practice of the APA 6th Edition.

You are required to create a umindanao email


account which is a requirement to access the
BlackBoard portal. Then, the course coordinator
shall enroll the students to have access to the
materials and resources of the course. All
Student Communication communication formats: chat, submission of
assessment tasks, requests etc. shall be through the
portal and other university recognized platforms.

You can also meet the course coordinator in person


through the scheduled face to face sessions to raise
your issues and concerns.
For students who have not created their student
email, please contact the course coordinator or
program head.

Dr. Carmelita B. Chavez


Contact Details of Dean
Email: [email protected]
Phone: (082) 300-5456

Contact Details of the Dr. Roberto R. Magbojos


Program Head Email: [email protected]
Phone: (082) 300-5456

Students with Special Needs Students with special needs shall communicate with
the course coordinator about the nature of his or her

6|P age
College of Criminal Justice Education
Matina Campus, Davao City
2nd floor GET Building
Telefax: (082)300-5456

special needs. Depending on the nature of the


need, the course coordinator with the approval of
the program coordinator may provide alternative
assessment tasks or extension of the deadline of
submission of assessment tasks. However, the
alternative assessment tasks should still be in the
service of achieving the desired course learning
outcomes.

Online Tutorial Registration You are required to undergo a tutorial on this


course. Upon enrollment and the registration of your
name to Blackboard LMS, the Course Coordinator
will contact you on the specific schedule of the
tutorial which shall be conducted within 1st week of
the class.

A specific tutorial time for this course by registering


to [email protected]. You will be informed
by the Course Coordinator on the exact schedule of
the tutorial. Please note that there is a deadline for
enrollment.

Help Desk Contact [email protected]

Library Contact [email protected]


09504665431
Well-being Welfare Support
Help [email protected]

7|P age
College of Criminal Justice Education
Matina Campus, Davao City
2nd floor GET Building
Telefax: (082)300-5456

CRI 321 – see/download course syllabus in the Black Board LMS

CC’s Voice: Hello prospective criminologists! Welcome to this


course CRI 321- LAW ENFORCEMENT
OPERATIONS and PLANNING with CRIME
MAPPING. By now, I am confident that you really
wanted to become criminologists and that you have
visualized yourself already practicing your respective
professions.

CO: Before the actual practice of your professions, you


have to possess one of the most important skills in
Criminologists: to Apply basic skills and
knowledge on preparation of police plans in the
conduct of different police operations; and
discuss the importance of crime mapping
(computer statistics) in the law enforcement
operations and criminal justice, which is the
ultimate course outcome (CO) of this subject. Hence,
in this course, It is expected to comprehensively
apply the basic steps in police plans and operation in
connection to the anti-criminality campaign and the
basic application on the conduct of crime mapping.

Let’s begin!

Big Picture

Week 1-9: Unit Learning Outcomes (ULO): At the end of the unit, you are expected to:

a. Apply basic skills and knowledge on the protection of human rights embodied in
the Bill of Rights of the 1987 Constitution and Rights of the Accused provided in
the Rules of Court and demonstrate the knowledge about human rights in
conducting arrest and search.

8|P age
College of Criminal Justice Education
Matina Campus, Davao City
2nd floor GET Building
Telefax: (082)300-5456

b. Apply basic knowledge and skills of Principles on Law Enforcement operations


and demonstrate an understanding of public safety principles in the conduct of
disaster and relief operation.
c. Demonstrate different methods and procedures in the protection of the crime
scene.
d. Apply basic skills and knowledge on the preparation of police plans in the conduct
of different police operations and discuss the importance of crime mapping
(computer statistics) in the law enforcement operations and criminal justice.

Big Picture in Focus: ULOa. Apply basic skills and


knowledge on the protection of human rights embodied in the
Bill of Rights of the 1987 Constitution and Rights of the
Accused provided in the Rules of Court and demonstrate the
knowledge about human rights in conducting arrest and
search.
Metalanguage

In this section, most essential terms relevant to the study of this course are
hereby provided. And to demonstrate ULOa, these terms are operationally defined to
establish a common frame of reference as to how the texts work in the course. You
will encounter these terms as we go through the study of course. Please refer to these
definitions in case you will encounter difficulty in the understanding of the topics.

 ARREST – It is the taking of a person into custody in order that he may be


bound to answer for the commission of an offense.
 AUTHORITY – A person or persons, or a body, exercising power or command;
for those upon whom the people have conferred authority.
 CUSTODIAL INVESTIGATION – Investigation conducted by law enforcement
officers after a person has been arrested or deprived of his freedom of action.
It includes invitation to a person who is being investigated in connection with an
offense.
 EVIDENCE – The means sanctioned by the Rules of Court, of ascertaining in
a judicial proceeding the truth respecting a matter of fact. These include but are
not limited to documentary, testimonial, electronic and object evidence,
gathered in the course of the investigation.
 INFORMATION. This refers to the data gathered by an investigator from either
regular or cultivated sources including the victim themselves; and from public
and private records; Modus Operandi Files, Arrest Records and Rogue Gallery.
 INTERVIEW. This refers to the skillful questioning of suspects and witnesses
believed to possess knowledge that is of official interest to the investigator.
 INVESTIGATION. It is the process of inquiring, eliciting, soliciting and getting
vital information/facts/circumstances in order to establish the truth.

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Matina Campus, Davao City
2nd floor GET Building
Telefax: (082)300-5456

 INVESTIGATOR/OFFICER. Shall refer to any law enforcement personnel


belonging to the duly mandated law enforcement agencies (LEA) tasked to
enforce Republic Act 9208 such as officers, investigators and agents of the
Philippine National Police, National Bureau of Investigation, Bureau of
Immigration.
 VICTIM. The aggrieved party.

ESSENTIAL KNOWLEDGE

To perform the aforesaid big picture (unit learning outcomes) for the first three (3)
weeks of the course, you need to fully understand the following essential knowledge that
will be laid down in the succeeding pages. The topics presented in this section is taken
from the approved references of the course. Please note that you are not limited to
exclusively refer to the resources. Thus, you are expected to utilize other books, research
articles and other resources that are available in the university’s library e.g. ebrary,
search.proquest.com etc.

1. The conduct of PNP operations is governed by rules of procedures that are


anchored on the Bill of Rights as contained in Article III of the 1987 Constitution which
identifies and defines the fundamental rights of citizens, to wit:

a. Under the bill of rights of the Philippine Constitution, no person shall be


deprived of life, liberty, or property without due process of law. nor shall any person
be denied the equal protection of the laws. No law shall be made respecting an
establishment of religion or prohibiting the free exercise thereof. All persons shall enjoy
equal protection of the law Meaning of Life, Liberty, and Property (Section 1).

b. All persons have the right to be secure in their persons, houses, papers, and
effects against unreasonable searches and seizures of whatever nature and for any
purpose shall be inviolable. No search warrant or warrant of arrest shall be issued
except upon probable cause, to be determined personally by the judge after
examination under oath or affirmation of the complainant and the witnesses he may
produce, and particularly describing the place to be searched and the persons or
things to be seized (Section 2).

c. All person who arrested and charged shall have a free access to the courts
and quasi-judicial bodies and adequate legal assistance shall not be denied to any
person by reason of poverty (Section 11).

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College of Criminal Justice Education
Matina Campus, Davao City
2nd floor GET Building
Telefax: (082)300-5456

d. Any person under investigation shall have the right to be informed of his
rights to remain silent and to have competent and independent counsel preferably of
his own choice. If the person cannot afford the services of counsel, he must be
provided with one. These rights cannot be waived except in writing and in the presence
of counsel. (Section 12.1).

e. There should be no torture, force, violence, threat, intimidation, or any other


means which vitiate the free will. Secret detention places, solitary, incommunicado, or
other similar forms of detention are prohibited (Section 12.2), Any confession or
admission obtained in violation of this or Section 17 hereof shall be inadmissible in
evidence against him (section 12.3). and the law shall provide for penal and civil
sanctions for violations of this section as well as compensation to and rehabilitation of
victims of torture or similar practices, and their families (section 12.4).

f. All persons, except those charged with offenses punishable by reclusion


Perpetua when evidence of guilt is strong, shall, before conviction, be bailable by
sufficient sureties, or be released on recognizance as may be provided by law. The
right to bail shall not be impaired even when the privilege of the writ of habeas corpus
is suspended. Excessive bail shall not be required (section 13).

g. Under the provision of the Philippine constitution, no person shall be held to


answer for a criminal offense without due process of law (Section 14. 1).

h. In all criminal prosecutions, the accused shall be presumed innocent until the
contrary is proved and shall enjoy the right to be heard by himself and counsel, to be
informed of the nature and cause of the accusation against him, to have a speedy,
impartial, and public trial, to meet the witnesses face to face, and to have compulsory
process to secure the attendance of witnesses and the production of evidence in his
behalf. However, after arraignment, trial may proceed notwithstanding the absence of
the accused provided that he has been duly notified and his failure to appear is
unjustifiable. (section 14.2).

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College of Criminal Justice Education
Matina Campus, Davao City
2nd floor GET Building
Telefax: (082)300-5456

2. Salient features of Republic Act No. 7438 (April 27, 1992)

 “An Act defining certain rights of persons arrested, detained or under custodial
investigation as well as the duties of the arresting, detaining, and investigating
officers and providing penalties for violations thereof”.
 Rights of a person arrested, and the responsibilities and authority of a police
officer during arrest.
 If someone is arrested, the arresting officer has the responsibility to ensure
that every individuals rights are protected and respected, according to Republic
Act 7438.

2.1 Rights of Persons Arrested, Detained or Under Custodial Investigation:


Duties of Public Officers (Section 2).

 Under section 2 paragraph (a) Any person arrested detained or under


custodial investigation shall at all times be assisted by counsel.
 Any public officer or employee, or anyone acting under his order or his
place, who arrests, detains, or investigates any person for the
commission of an offense shall inform the latter, in a language known to
and understood by him, of his rights to remain silent and to have
competent and independent counsel, preferably of his own choice, who
shall at all times be allowed to confer privately with the person arrested,
detained or under custodial investigation. If such person cannot afford
the services of his own counsel, he must be provided with a competent
and independent counsel by the investigating officer (section 2
paragraph b)
 The custodial investigation report shall be reduced to writing by the
investigating officer, provided that before such report is signed, or thumb
marked if the person arrested or detained does not know how to read
and write, it shall be read and adequately explained to him by his counsel
or by the assisting counsel provided by the investigating officer in the
language or dialect known to such arrested or detained person,

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College of Criminal Justice Education
Matina Campus, Davao City
2nd floor GET Building
Telefax: (082)300-5456

otherwise, such investigation report shall be null and void and of no


effect whatsoever (Section 2 paragraph c).
 Any extrajudicial confession made by a person arrested, detained or
under custodial investigation shall be in writing and signed by such
person in the presence of his counselor in the latter's absence, upon a
valid waiver, and in the presence of any of the parents, elder brothers
and sisters, his spouse, the municipal mayor, the municipal judge, district
school supervisor, or priest or minister of the gospel as chosen by him;
otherwise, such extrajudicial confession shall be inadmissible as
evidence in any proceeding (section 2 paragraph d).
 Any waiver by a person arrested or detained under the provisions of
Article 125 of the Revised Penal Code, or under custodial investigation,
shall be in writing and signed by such person in the presence of his
counsel; otherwise, the waiver shall be null and void and of no effect
(section 2 paragraph e).
 Any person arrested or detained or under custodial investigation shall be
allowed visits by or conferences with any member of his immediate
family, or any medical doctor or priest or religious minister chosen by
him or by any member of his immediate family or by his counsel, or by
any national non-governmental organization duly accredited by the
Commission on Human Rights of by any international non-governmental
organization duly accredited by the Office of the President. The person's
"immediate family" shall include his or her spouse, fiancé or fiancée,
parent or child, brother or sister, grandparent or grandchild, uncle or
aunt, nephew or niece, and guardian or ward (section 2 paragraph f).
 As used in this Act, "custodial investigation" shall include the practice of
issuing an "invitation" to a person who is investigated in connection with
an offense he is suspected to have committed, without prejudice to the
liability of the "inviting" officer for any violation of law.
 Any person who are arrested shall be assisted by a counsel either by
choice or appointed. Assisting counsel is any lawyer, except those
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College of Criminal Justice Education
Matina Campus, Davao City
2nd floor GET Building
Telefax: (082)300-5456

directly affected by the case, those charged with conducting preliminary


investigation or those charged with the prosecution of crimes (Section
3).

2.2 The assisting counsel other than the government lawyers shall be entitled
to the following fees:

(a) The amount of One hundred fifty pesos (P150.00) if the suspected
person is chargeable with light felonies,

(b) The amount of Two hundred fifty pesos (P250.00) if the


suspected person is chargeable with less grave or grave felonies,

(c) The amount of Three hundred fifty pesos (P350.00) if the suspected
person is chargeable with a capital offense.

 The fee for the assisting counsel shall be paid by the city or municipality where
the custodial investigation is conducted, provided that if the municipality of city
cannot pay such fee, the province comprising such municipality or city shall pay
the fee: Provided, That the Municipal or City Treasurer must certify that no
funds are available to pay the fees of assisting counsel before the province
pays said fees.

2.3 In the absence of any lawyer, no custodial investigation shall be conducted,


and the suspected person can only be detained by the investigating officer in
accordance with the provisions of Article 125 of the Revised Penal Code.

 Any arresting public officer or employee, or any investigating officer, who


fails to inform any person arrested, detained or under custodial
investigation of his right to remain silent and to have competent and
independent counsel preferably of his own choice, shall suffer a fine of
Six thousand pesos (P6,000.00) or a penalty of imprisonment of not less
than eight (8) years but not more than ten (10) years, or both. The
penalty of perpetual absolute disqualification shall also be imposed upon
the investigating officer who has been previously convicted of a similar
offense (Section 4)

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College of Criminal Justice Education
Matina Campus, Davao City
2nd floor GET Building
Telefax: (082)300-5456

 The same penalties shall be imposed upon a public officer or employee,


or anyone acting upon orders of such investigating officer or in his place,
who fails to provide a competent and independent counsel to a person
arrested, detained or under custodial investigation for the commission of
an offense if the latter cannot afford the services of his own counsel.

(b) Any person who obstructs, prevents or prohibits any lawyer, any member of the
immediate family of a person arrested, detained or under custodial investigation, or
any medical doctor or priest or religious minister chosen by him or by any member of
his immediate family or by his counsel, from visiting and conferring privately with him,
or from examining and treating him, or from ministering to his spiritual needs, at any
hour of the day or, in urgent cases, of the night shall suffer the penalty of imprisonment
of not less than four (4) years nor more than six (6) years, and a fine of four thousand
pesos (P4,000.00).

The provisions of the above Section notwithstanding, any security officer with custodial
responsibility over any detainee or prisoner may undertake such reasonable measures
as may be necessary to secure his safety and prevent his escape.

3. CUSTODIAL INVESTIGATION AND INQUEST

3.1 What is custodial investigation?

 You are under custodial investigation if you are arrested and taken into police
custody and interrogated for a crime.
 Custodial investigation also includes any questioning or probe of a person
“invited” by a law enforcement officer in connection with an offense he or she
is suspected to have committed in accordance with Republic Act No. 7438.

3.2 Rights of a person under custodial investigation and responsibilities and


authority of arresting officer or investigator during custodial investigation.

a. During custodial investigation you have the right to be assisted by counsel


of your choice at all times and the arresting officer or investigator has the
responsibility to ensure that this is provided.
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College of Criminal Justice Education
Matina Campus, Davao City
2nd floor GET Building
Telefax: (082)300-5456

b. The arresting officer or investigator, as the case may be, has the duty to
inform you of the following rights, in a language known to and understood by you: -
That you have the right to remain silent; - That if you waive your rights to remain silent,
anything you say can be used for or against you in court; - That you have the right to
counsel of your own choice; - That if you cannot afford one, you shall be provided with
an independent and competent counsel; and - That you have the right to be informed
of these rights.

c. Should you opt to give a sworn statement; the arresting officer or investigator
must reduce it in writing. He must also ensure that before you sign or place your thumb
mark (if you cannot read or write) the sworn statement shall be read and adequately
explained to you by the counsel of your choice, or by the assisting counsel provided
to you, in the language or dialect known to you. d. The arresting officer or investigator
must ensure that any extra-judicial confession you may have made under custodial
investigation shall be:

In writing - Signed by you in the presence of your counsel.

d. In the absence of your counsel, upon a valid waiver, and in the presence of
any of your parents, elder brothers and sisters, spouse, the municipal mayor, the
municipal judge, district school supervisor, priest, imam or minister of the gospel as
you may choose.

e. Failure of the arresting officer or investigator to observe the above


procedures renders such extrajudicial confession inadmissible as evidence in any
proceedings.

f. During custodial investigation the arresting officer or investigator has the duty
to allow you to be visited by or have conference with any member of your immediate
family, any medical doctor, priest or religious minister chosen by you or by your
immediate family or by your counsel, or by any Non-Government Organization (NGO)
accredited by the CHR, or by any international NGO duly accredited by the Office of
the President, your spouse, fiancée, parent or child, brother or sister, grandparent or
grandchild, uncle or aunt, nephew or niece and guardian or ward.

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College of Criminal Justice Education
Matina Campus, Davao City
2nd floor GET Building
Telefax: (082)300-5456

3.3 Under the Rules of Court, Rule 113, Section 5, a warrantless arrest, also known
as "citizen’s arrest," is lawful under three circumstances.

Three (3) Responsibilities and Authority of the Arresting Officer

The arresting officer has the responsibility to ensure that warrants of arrest are
properly served, and he is vested with certain authority to enable him to accomplish
the task. His authority includes:

a. Right of officer to break into building or enclosure. An officer in order to make an


arrest either by virtue of a warrant, or without a warrant, may break into 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.

b. Right to break out from building or enclosure. Whenever an officer has entered the
building or enclosure to make an arrest, he may break out from there in order to
liberate himself.

c. Arrest after escape or rescue. If a person lawfully arrested escapes or is rescued


by his cohorts, any person may immediately pursue to retake him without a warrant at
any time and in any place within the Philippines.

SELF-HELP. You can also refer to the sources below to help you further
understand the lesson:

KNOW YOUR RIGHTS: A Citizen’s Primer on Law Enforcement


http://www.pnp.gov.ph/images/Manuals_and_Guides/Know-Your-Rights.pdf

3.4 When, in the presence of the policeman, the person to be arrested has committed,
is actually committing, or is attempting to commit an offense. This is the "in flagrante
delicto" rule.

3.5 In flagrante delicto, warrantless arrest should comply with the element of
immediacy between the time of the offense and the time of the arrest.

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Matina Campus, Davao City
2nd floor GET Building
Telefax: (082)300-5456

For example, in one case the Supreme Court held that when the warrantless arrest
was made three months after the crime was committed, the arrest was unconstitutional
and illegal.

3.6 If an accused is caught in flagrante delicto, the warrantless arrest is lawful, and the
evidence obtained in a search incidental to the arrest is admissible as evidence. One
common example of a warrantless arrest is a buy bust operation.

3.7 The test of in flagrante delicto arrest is that the suspect was acting under
circumstances reasonably tending to show that he has committed or is about to
commit a crime. Evidence of guilt is not necessary. It is enough if there is probable
cause.

For example, if there was a prior arrangement to deliver shabu inside a hotel, the
immediate warrantless arrest of the accused upon his entry in the hotel room is valid.
By contrast, the discovery of marked money on the accused does not justify a
warrantless arrest.

4. Hot Pursuit (Warrantless Arrest)

4.1 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. This is the "hot pursuit" arrest rule.

 An offense is committed in the presence or within the view of an officer when


the officer sees the offense, although at a distance; or hears the disturbance
that it creates and proceeds at once to the scene.
 Under the rule on "hot pursuit" arrest, the policeman should have personal
knowledge that the suspect committed the crime. The test is probable cause,
which the Supreme Court has defined as "an actual belief or reasonable
grounds of suspicion."

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 Under this rule, the policeman does not need to actually witness the execution
or acts constituting the offense. But he must have direct knowledge, or view of
the crime, right after its commission.

4.2 When the person to be arrested is a prisoner who has escaped from a penal
establishment.

 If the warrantless arrest turns out to be unlawful, still the court is capable of
assuming jurisdiction over the accused. Any objection to the court’s jurisdiction
is waived when the person arrested submits to arraignment without any
objection.

4.3 Arrest based on unreasonable suspicion.

 The Constitution does not forbid warrantless search; it only forbids


unreasonable search. The Rules of Court, Rule 126, Section 13, allows a
warrantless search, provided it is incident to a lawful arrest.
 The law provides: "A person lawfully arrested maybe searched for dangerous
weapons or anything which may have been used or constitute proof in the
commission of an offense without a search warrant."
 To be valid, the search must have been conducted at about the time of the
arrest or immediately thereafter, and only at the place where the suspect was
arrested, or the premises or surroundings under his immediate control.

Any evidence obtained during an illegal search (even if it confirms initial


suspicion of felonious activity) is considered inadmissible for any purpose in any
proceeding, since it is the fruit of a poisonous tree.

Since the Anti-Wiretapping Law provides that an illegal wiretap is inadmissible


for any purpose in any proceeding, being the fruit of a poisonous tree, do you wonder
how the alleged Garci tape could be possibly considered admissible.

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 A valid arrest must precede the search, not vice versa. One exception to the
rule on search is waiver by the suspect.

For example, where the shabu was discovered by virtue of a valid warrantless
search, and the accused himself freely gave his consent to the search, the
prohibited drugs found as a result were inadmissible as evidence.

Another example, is the stop-and-frisk rule. A warrantless search is allowed if


the officers had reasonable or probable cause to believe before the search that
either the motorist is a law offender, or that they did find the evidence pertaining to the
commission of a crime in the vehicle to be searched.

The rule for checkpoints is that the inspection of the vehicle should be limited
to a visual search. The vehicle itself should not be searched, and its occupants should
not be subjected to a body search.

4.4 Seizure of prohibited articles in plain view. The seizure should comply with the
following requirements:

(1) A prior valid intrusion based on a valid warrantless arrest, in which the police
are legally present in the pursuit of their official duties.

(2) The evidence was inadvertently discovered by the police who had the right
to be where they are.

(3) The evidence must be immediately apparent.

(4) Plain view justified mere seizure of evidence without further search.

SELF-HELP. You can also refer to the sources below to help you further
understand the lesson:

WARRANTLESS ARREST & SEARCH: A POLICE PRIMER


https://ls.pnp.gov.ph/index.php/publications/22-warrantless-arrest-search-a-police-
primer#:~:text=Under%20the%20Rules%20of%20Court,attempting%20to%20commi
t%20an%20offense.
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5. SPOT CHECK When a spot check is conducted (Terry’s Doctrine)

 Spot checks are usually conducted in times of heightened security alerts


or in areas where a crime has been committed and investigation or
surveillance is being conducted and where the police needs to increase
its vigilance.
 Police officers may stop an individual for spot check/ accosting when
his/her appearance, demeanor or actions suggest that he or she may be
engaged in some criminal activity; if the hour of day or night is
inappropriate for his presence in the area or his/her presence in the
neighborhood is inappropriate; if he or she is carrying a suspicious object
or if his/her clothes bulge in a manner that suggests that he/she might
be carrying a weapon; if he or she is located in proximate time and place
to an alleged crime; if the officer has knowledge of the person’s prior
criminal record or involvement in criminal activity; or if the person flees
at the sight of the police officer.
Police procedures during spot checks that you should know When a police officer
approaches an individual to conduct a spot check, that person is bound by the following
rules:
a. He/ She should clearly identify himself/herself as a police officer, if not in
uniform, by announcing his/her identity and displaying official
identification card and/or badge.
b. He/ She should be courteous at all times and confine his questions regarding
your identity, place of residence, and other inquiries necessary to resolve
his/her suspicions and not hold you longer than is reasonably necessary.
c. He/ She cannot compel you to answer any questions posed during the spot
check/accosting.
d. He/ She cannot arrest you on the grounds that you failed or refused to
respond to his questions.

6. ARREST (Under the rule 113 of the Rules on Criminal Procedure)

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Under the Rules of Court, Rule 113, Section 5, a Warrantless Arrest,


also known as "citizen's arrest," is lawful under three circumstances:
 When, in the presence of the policeman, the person to be arrested has
committed, is actually committing, or is attempting to commit an offense.

When the police may make an arrest?


An arrest may be made at any day or any time of day by virtue of a
Warrant of Arrest, issued by the court or by warrantless arrest. A police
officer or a private person may make an arrest without a warrant under
the following conditions:

a. When, in his presence, the person to be arrested has committed, is actually


committing, or is attempting to commit an offense.

b. When an offense has just been committed and he has probable cause to
believe, based on personal knowledge of facts or circumstances, that the
person to be arrested has committed it; and

c. When the person to be arrested is a prisoner who has escaped from a penal
establishment or place where he is serving final judgment or temporarily
confined while his case is pending or has escaped while being transferred from
one confinement area to another.

Rights of a person arrested, and the responsibilities and authority of a


police officer during arrest If you are arrested, the arresting officer has
the responsibility to ensure that your rights are protected and respected,
according to Republic Act 7438.
a. The arresting officer has the responsibility of informing of the reason for the
arrest in a language known to by the arrested person.
b. Any person who are subject for arrest have a right to require the arresting
officer to personally show the Warrant of Arrest.

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c. The arresting officer should inform any person who are subject for arrest of
constitutional right to remain silent and that any statement you might make
could be used for or against you in any court of the law; that you have the right
to counsel of your own choice, and if you cannot afford to hire a lawyer, one
shall be provided to assist you; and that the arresting officer should ask you if
you understand those rights. You have the right to communicate with your
lawyer or your immediate family. It is the responsibility of the arresting officer to
see to it that these are accomplished.
d. If any person who are arrested without a warrant (on conditions in Para 1.1),
they will be immediately brought to the proper police station and kept there for
not more than 12 hours for crimes or offenses punishable by light penalties; 18
hours for crimes or offenses punishable by correctional penalties; and 36 hours
for crimes or offenses punishable by capital penalties. You must undergo
inquest proceedings in accordance with Section 7, Rule 112 of the 2000 Rules
of Criminal Procedure.

e. You shall not be subjected to torture, force, violence, threat, intimidation, or


any other means which vitiate the free will. You should not be brought to secret
detention places, solitary confinement (incommunicado) or other forms of
detention.

f. If you have been arrested without a warrant and you waive your right under
the provisions of Article 125 of the Revised Penal Code, the arresting officer
shall ensure that you sign a waiver of detention in the presence of the counsel
of your choice. If you waive your right against self-incrimination and opt to give
your statement, the arresting officer shall ensure that the waiver be made in
writing and signed by you in the presence of a counsel of your own choice or a
competent and independent counsel provided by the government.

g. Immediately after your arrest, you should be subjected to a physical


examination by a medico-legal officer or, in the absence of such medico-legal
officer, by any government physician in the area. Prior to your release or any
change of custody, you will also be physically examined.

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7. SEARCH AND SEIZURE: Search Warrant and Warrantless Search (Rule 126)

Search and seizures are made through search warrants and warrantless
searches which are allowed by law under defined conditions.
A search warrant is issued only upon establishment of probable cause relating
to a specific offense. It is an order in writing issued in the name of the People of
the Philippines, signed by a judge, and directed to peace officers, commanding
them to search for personal property described therein and bring it before the
court.
Search warrants cover the following properties:

a. Properties which are the subject of the offense.

b. Stolen, embezzled proceeds, or fruits of the offense.

c. Objects including weapons, equipment, and other items used or intended to


be used as the means of committing an offense.

7.1 Time of Search:

The warrant must direct that it be served in the daytime, unless the affidavit asserts
that the property is on the person or in the place ordered to be searched, in which case
a direction may be inserted that it be served at any time of the day or night.

7.2 Authority of and prohibitions to police officers during the conduct of search

a. If after giving notice of his purpose and authority, the police officer is refused entry
to the place of search, he may break open any outer or inner door or window or any
part of a house or anything therein to execute the warrant or liberate himself or any
person lawfully assisting him when unlawfully detained therein.

b. Houses, rooms, or other premises shall not be searched except in the presence of
their lawful occupants or any member of the occupants’ 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.

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

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d. The search warrant shall be valid for ten (10) days from date of issuance. Thereafter
it shall be void.

e. The officer seizing property by virtue of the warrant shall give a detailed receipt for
the same to the lawful occupant of the premises in whose presence the search and
seizure was made, or in the absence of such occupant, shall, in the presence of at
least two (2) witnesses of sufficient age and discretion residing in the same locality,
leave a receipt in the place in which he found the seized property in the absence of
the lawful owner.

7.3 Warrantless Search and Seizure

Warrantless search and seizure may be conducted on a person lawfully


arrested. The person is searched without a warrant for dangerous weapons or
anything which may be used or constitute proof in the commission of an
offense.
The police officer is also authorized to conduct search and seizure to the
premises or surrounding as an incident to a lawful arrest.
Seizure of Goods Concealed to Avoid Customs Duties. Persons exercising
police authority under the customs laws may affect search and seizure without
a search warrant in the enforcement of custom laws. “A search, seizure and
arrest may be made even without a warrant for the purposes of enforcing
Customs and Tariff Laws. (Papa vs. Mayo, 22 SCRA 857; Rieta vs. People,
436 SCRA 273 - 2004).

7.4 Motor Vehicle Search.

When a vehicle is stopped and subjected to an extensive search, it would be


constitutionally permissible only if the officers conducting the search had
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.
Seizure of Evidence in Plain View. Objects of evidence in plain view may be
seized and introduced as evidence, subject to the following requirements:

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a. The police and other concerned agencies must have prior justification for an
intrusion (i.e., he/she is not a trespasser) or, otherwise, must be in a position from
which he/she can view a particular area.

b. The discovery of the evidence in plain view is inadvertent (discovery by


chance).

c. It is immediately apparent to the officer that the item he observes (i.e., open
to the naked eye and hand) may be evidence of a crime, contraband, or is otherwise
subject to seizure. (PP vs Doria 102 SCA 542, PP VS SARAP March 26, 2003, PP vs,
Alfonso 219 SCRA 102).

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

If a citizen voluntarily surrenders his/her gun, he/she cannot claim illegality of


the seizure. When a citizen waives his/her right and consents to the search and
seizure, the police officer must ascertain that he/ she, in the first place, knows
that he/she has such a right, before he relinquishes it.

8. UN Convention on Civil and Political Right Court (Prosecution of Offenses)

 Recognizing that, in accordance with the Universal Declaration of Human


Rights, the ideal of free human beings enjoying civil and political freedom and
freedom from fear and want can only be achieved if conditions are created
whereby everyone may enjoy his civil and political rights, as well as his
economic, social, and cultural rights,
 Considering the obligation of States under the Charter of the United Nations to
promote universal respect for, and observance of, human rights and freedoms,
 Realizing that the individual, having duties to other individuals and to the
community to which he belongs, is under a responsibility to strive for the
promotion and observance of the rights recognized in the present Covenant.

8.1 Article 4

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1. In time of public emergency which threatens the life of the nation and the existence
of which is officially proclaimed, the States Parties to the present Covenant may take
measures derogating from their obligations under the present Covenant to the extent
strictly required by the exigencies of the situation, provided that such measures are
not inconsistent with their other obligations under international law and do not involve
discrimination solely on the ground of race, color, sex, language, religion or social
origin.

8.2 PART III - Article 6

1. Every human being has the inherent right to life. This right shall be protected by law.
No one shall be arbitrarily deprived of his life.

2. In countries which have not abolished the death penalty, sentence of death may be
imposed only for the most serious crimes in accordance with the law in force at the
time of the commission of the crime and not contrary to the provisions of the present
Covenant and to the Convention on the Prevention and Punishment of the Crime of
Genocide. This penalty can only be carried out pursuant to a final judgement rendered
by a competent court.

3. When deprivation of life constitutes the crime of genocide, it is understood that


nothing in this article shall authorize any State Party to the present Covenant to
derogate in any way from any obligation assumed under the provisions of the
Convention on the Prevention and Punishment of the Crime of Genocide.

4. Anyone sentenced to death shall have the right to seek pardon or commutation of
the sentence. Amnesty, pardon, or commutation of the sentence of death may be
granted in all cases.

5. Sentence of death shall not be imposed for crimes committed by persons below
eighteen years of age and shall not be carried out on pregnant women.

6. Nothing in this article shall be invoked to delay or to prevent the abolition of capital
punishment by any State Party to the present Covenant.

8.3 Article 7

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No one shall be subjected to torture or to cruel, inhuman or degrading treatment or


punishment. In particular, no one shall be subjected without his free consent to medical
or scientific experimentation.

8.4 Article 8

1. No one shall be held in slavery; slavery and the slave-trade in all their forms shall
be prohibited.

2. No one shall be held in servitude.

(a) No one shall be required to perform forced or compulsory labour;

(b) Paragraph 3 (a) shall not be held to preclude, in countries where imprisonment with
hard labour may be imposed as a punishment for a crime, the performance of hard
labour in pursuance of a sentence to such punishment by a competent court;

(c) For the purpose of this paragraph the term "forced or compulsory labour" shall not
include:

(i) Any work or service, not referred to in subparagraph (b), normally required of a
person who is under detention in consequence of a lawful order of a court, or of a
person during conditional release from such detention,

(ii) Any service of a military character and, in countries where conscientious objection
is recognized, any national service required by law of conscientious objectors,

(iii) Any service exacted in cases of emergency or calamity threatening the life or well-
being of the community,

(iv) Any work or service which forms part of normal civil obligations.

8.5 Article 9

1. Everyone has the right to liberty and security of person. No one shall be subjected
to arbitrary arrest or detention. No one shall be deprived of his liberty except on such
grounds and in accordance with such procedure as are established by law.

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2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for
his arrest and shall be promptly informed of any charges against him.

3. Anyone arrested or detained on a criminal charge shall be brought promptly before


a judge or other officer authorized by law to exercise judicial power and shall be
entitled to trial within a reasonable time or to release. It shall not be the general rule
that persons awaiting trial shall be detained in custody, but release may be subject to
guarantees to appear for trial, at any other stage of the judicial proceedings, and
should occasion arise, for execution of the judgement.

4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take
proceedings before a court, in order that that court may decide without delay on the
lawfulness of his detention and order his release if the detention is not lawful.

5. Anyone who has been the victim of unlawful arrest or detention shall have an
enforceable right to compensation.

8.6 Article 10

1. All persons deprived of their liberty shall be treated with humanity and with respect
for the inherent dignity of the human person.

(a) Accused persons shall, save in exceptional circumstances, be segregated from


convicted persons and shall be subject to separate treatment appropriate to their
status as unconvinced persons;

(b) Accused juvenile persons shall be separated from adults and brought as speedily
as possible for adjudication.

2. The penitentiary system shall comprise treatment of prisoners the essential aim of
which shall be their reformation and social rehabilitation. Juvenile offenders shall be
segregated from adults and be accorded treatment appropriate to their age and legal
status.

8.7 Article 11

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No one shall be imprisoned merely on the ground of inability to fulfil a


contractual obligation.

8.8 Article 12

1. Everyone lawfully within the territory of a State shall, within that territory, have the
right to liberty of movement and freedom to choose his residence.

8.9 Article 14

1. All persons shall be equal before the courts and tribunals. In the determination of
any criminal charge against him, or of his rights and obligations in a suit at law,
everyone shall be entitled to a fair and public hearing by a competent, independent
and impartial tribunal established by law. The press and the public may be excluded
from all or part of a trial for reasons of morals, public order (ordre public) or national
security in a democratic society, or when the interest of the private lives of the parties
so requires, or to the extent strictly necessary in the opinion of the court in special
circumstances where publicity would prejudice the interests of justice; but any
judgement rendered in a criminal case or in a suit at law shall be made public except
where the interest of juvenile persons otherwise requires or the proceedings concern
matrimonial disputes or the guardianship of children.

2. Everyone charged with a criminal offence shall have the right to be presumed
innocent until proved guilty according to law.

3. In the determination of any criminal charge against him, everyone shall be entitled
to the following minimum guarantees, in full equality:

(a) To be informed promptly and in detail in a language which he understands of the


nature and cause of the charge against him,

(b) To have adequate time and facilities for the preparation of his defense and to
communicate with counsel of his own choosing,

(c) To be tried without undue delay,

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(d) To be tried in his presence, and to defend himself in person or through legal
assistance of his own choosing; to be informed, if he does not have legal assistance,
of this right; and to have legal assistance assigned to him, in any case where the
interests of justice so require, and without payment by him in any such case if he does
not have sufficient means to pay for it,

(e) To examine, or have examined, the witnesses against him and to obtain the
attendance and examination of witnesses on his behalf under the same conditions as
witnesses against him,

(f) To have the free assistance of an interpreter if he cannot understand or speak the
language used in court,

(g) Not to be compelled to testify against himself or to confess guilt.

4. In the case of juvenile persons, the procedure shall be such as will take account of
their age and the desirability of promoting their rehabilitation.

5. Everyone convicted of a crime shall have the right to his conviction and sentence
being reviewed by a higher tribunal according to law.

6. When a person has by a final decision been convicted of a criminal offence and
when subsequently his conviction has been reversed or he has been pardoned on the
ground that a new or newly discovered fact shows conclusively that there has been a
miscarriage of justice, the person who has suffered punishment as a result of such
conviction shall be compensated according to law, unless it is proved that the non-
disclosure of the unknown fact in time is wholly or partly attributable to him.

7. No one shall be liable to be tried or punished again for an offence for which he has
already been finally convicted or acquitted in accordance with the law and penal
procedure of each country.

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SELF-HELP. You can also refer to the sources below to help you further
understand the lesson:
International Covenant on Civil and Political Rights
Adopted and opened for signature, ratification and accession by General Assembly
resolution 2200A (XXI) of 16 December 1966
entry into force 23 March 1976, in accordance with Article 49
https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx

References:

1. Hill, Bryan, and Paynich, Rebecca (2014). Fundamentals of Crime Mapping. Second
Edition. Burlington, MA: Jones & Bartlett Learning
2. Florendo, A.M. (2011). Police Planning and Operations: with Master Plans and
Procedures. Quezon City, Philippines, Wiseman’s Book Trading Inc.
3. Hess, K.M.; Orthmann, C.H. & Cho, H.L. (2011). Police Operations: Theory and
Practice. Fifth Edition. Australia: Delmar Cengage Learning
4. Boba, Rachel (2005). Crime Analysis and Crime Mapping. Thousand Oaks: Sage
Pub.,
5. Primer on 1987 Phil. Constitution.

LET’S CHECK!

Activity 1. MULTIPLE CHOICE. After reading the topics presented under the
Essential Knowledge, you are required to perform this activity in order to check the
level of your comprehension. Choose the best answer.

1. Three-fold aim of investigation, except:


A. To Identify the guilty party
B. To locate the crime scene
C. To locate the guilty party
D. To provide evidence for the guilty party

2. The following are functions of a police officer during police operations, except
A. To protect lives & properties
B. To respect human rights
C. To observe the human dignity of persons
D. To serve or protect the illegal activity of a particular person, group or
criminal syndicate

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3. What is the prescribed uniform of the police officer during police operations?
A. Camouflage green
B. General office attire
C. Patrol uniform
D. Uniform appropriate for the kind of police operation to be undertaken

4. When in the implementation of the search warrant, its object or purpose cannot
be accomplished in one day, could the search be continued the following day, or
days, until completed?
A. No, to avoid unlawful search and seizure, a search could only be
conducted one (1) day or 24 hours only
B. Yes, a search once started could be continued until completed
C. Yes, provided it is still within the ten-day validity period of the search
warrant
D. Yes, once the search started it could be continued util completed within
one (1) month

5. These are the rights guaranteed to a person under Custodial Investigation, except:
A. Miranda Rights
B. Right against Torture, Force, Violence, Threat, Intimidation
C. Right of way
D. Right to Visits and Conferences

6. It is an act defining certain rights of person arrested, detained or under custodial


investigation as well as the duties of the arresting, detaining and investigating
officers, and providing penalties for violations thereof.
A. RA 7438
B. Art. 125, RPC
C. RA 9745
D. P.D 1981

7. What is the validity of the search warrant?


A. Ten (10) days from receipt by the Judge
B. Ten (10) days from date of issuance
C. Ten (10) days from the date of application of a search warrant
D. Ten (10) days from receipt by the police officer

8. All of these are included in the Miranda rights, except:


A. Right to be informed of the nature of accusation
B. Right to remain silent
C. Right to counsel
D. Right to waive rights
9. It is the investigation conducted by law enforcement officers after a person has
been arrested or deprived of his freedom of action.
A. Custodial Investigation
B. Arrest

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C. Inquest Proceeding
D. Arraignment

10. Could objects that are illegal per se, even if not particularly described in the
search warrant, be seized?
A. Yes, but in the presence of the lawful occupant of the premises, his
relative or two other persons of sufficient discretion residing in the area
B. Yes, under the plain view doctrine
C. Yes, a searched firearm must be seized
D. No, only those specifically specified in the warrant should be seized

11. The following properties may be the objects of a search warrant, except
A. Properties which are the subject of the offense
B. Stolen, embezzled proceeds, or fruits of the offense
C. Objects including weapons, equipment, and other items used or intended
to be used as the means of committing an offense
D. Personal properties of the most corrupt public officials

12. The following are the rights of a person arrested, with or without warrant, except
A. the right to be informed of his constitutional right to remain silent and that
any statement he makes could be used against him
B. the right to communicate with his lawyer or his immediate family
C. the right to physical examination
D. the right to bail
13. Persons arrested shall be immediately brought to the proper Police station for
investigation without unnecessary delay. Who should be subjected to inquest
proceedings within the time prescribed in Article 125 of the RPC?
A. A person arrested without a warrant
B. A person with a warrant of arrest but was arrested without the warrant in
the possession of the arresting officer
C. All arrested persons
D. When the person to be arrested 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
14. Should the police officer who made a valid arrest conduct thorough search for
weapons and other illegal materials on the person arrested?
A. Yes, but the search must be conducted in the presence of two witnesses of
sufficient discretion residing I the community
B. Yes, including the surroundings within his immediate control
C. Yes, the search must be confined to the person arrested
D. No, the police officer is not authorized to conduct a search after any valid
arrest
15. A peace officer or a private person may, without a warrant, arrest a person in the
following circumstances, except
A. When, in his presence, the person to be arrested has committed, is actually
committing, or is attempting to commit an offense

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B. When an offense has just been committed and he has probable cause to
believe, based on personal knowledge of facts or circumstances, that
the person to be arrested has committed it
C. When the person to be arrested is a prisoner who has escaped from a
penal establishment or place where he is serving final judgment or temporarily
confined while his case is pending, or has escaped while being transferred
from one confinement area to another
D. Where the accused released on bail attempts to leave the country without
court permission

16. Within ten (10) days after the expiration of the period for implementing a warrant
of arrest, the police officer to whom it was assigned:
A. shall request for the renewal of the warrant for sixty (60) days
B. shall make a report to the judge who issued the warrant
C. shall go to the court and explain personally to the judge why he did not
implement the warrant
D. cannot arrest the suspect anymore

17. It is the taking of a person into custody in order that he may be bound to answer
for the commission of an offense?
A. Search
B. Seizure
C. Arrest
D. Inquest proceeding

18. How many days is given to the head of the office, to whom the warrant of arrest
has been delivered for implementation, to cause the warrant to be implemented?
A. Within ten (10) days from issuance
B. Within ten (10) days from receipt
C. After ten (10) days from issuance
D. After ten (10) days from receipt

19. The arresting officer, or the investigator, as the case may be, must inform the
person arrested, detained or under custodial investigation of the following rights
under the Miranda Doctrine in a language or dialect known to and understood by
him, except
A. That if he waives his right to remain silent, anything he says can be used in
evidence against him in court
B. That he has the right to counsel of his own choice
C. That, if he cannot afford one, he shall be provided with an independent and
competent counsel
D. That he has the right to remain silent forever

20. Does the investigators job end upon the filing of the case with the Prosecutor’s
Office?

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A. The investigators job is finished upon completion of the case folder and
submitting it to the prosecutor
B. The investigator on case shall continuously monitor the case up to its final
resolution
C. The investigator has to gather other pieces of information as may be
required by the court
D. The prosecutor sometimes has to call up the investigator to help him
prosecute the case

LET’S ANALYZE!

Activity 1. COMPARE AND CONTRAST. Using Venn Diagram, enumerate the


similarities and differences of the following:

1. Republic Act 7438 and Art. III, 1987 Philippine Constitution

R.A 7438 BILL OF RIGHTS

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IN A NUTSHELL

Activity 1. RESEARCH. Find at least one (1) Supreme Court case in the Philippines
that relates to the rulings of custodial investigation. Summarize the facts and the
decision in your own words.

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KEYWORDS INDEX. This section lists down the important keywords from this unit
that will help you to recall and review.

Criminal Special Crime Custodial Miranda Rights


Investigation Investigation Investigation
Terry doctrine Escobedo v. Illinois Republic Act No. Hot Pursuit
7438
Inquest proceeding Arrest Investigating Bill of Rights
Officer

Big Picture in Focus: ULOb. Apply basic knowledge and


skills of Principles on Law Enforcement operations and
demonstrate knowledge of principles of public safety in
the conduct of disaster and relief operation

Metalanguage

For you to better understand ULOb, you will need to have an operational
understanding of the following terms below. Please note that you will also be required
to refer to the previous definitions found in ULOa section.

 BEAT PATROL – The deployment of officers in a given community, area or


locality to prevent and deter criminal activity and to provide day-to-day services
to the community.

 POLICE OPERATIONS - are defined as the job duties, responsibilities, and


activities that law enforcement agents complete in the field. In this lesson, we'll
explore different aspects of police operations, such as communication,
patrolling, specialized police operations, and diversity challenge.

 CRIME SCENE – A venue or place where the alleged crime/incident/event has


been committed.

 FIRST RESPONDERS – Are members of the police, military, fire, medical


teams, and other volunteer organizations who are expected to be the first to
respond to calls for assistance in cases of incidents involving explosives.

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 BEAT - is the territory and time that a police officer patrols. Beat police
typically, patrol on foot or bicycle which provides more interaction between
police and community members.

 "Disaster" - a serious disruption of the functioning of a community or a society


involving widespread human, material, economic or environmental losses and
impacts, which exceeds the ability of the affected community or society to cope
using its own resources.

 “Search and Rescue Operation” – is the search for and provision of aid to
people who are in distress or imminent danger.

 “Search and Retrieval Operation” - is the search for the property or human
remains after a natural or manmade disaster occurred in a particular area.

ESSENTIAL KNOWLEDGE

For the next 4-5 weeks of this course, topics that are presented from this chapter
were taken from the approved references of the course. Please note that you are not
limited to exclusively refer to the resources. Thus, you are expected to utilize other
books, research articles and other resources that are available in the university’s library
e.g. ebrary, search.proquest.com etc.

1. Principles of Law Enforcement operations

Regardless of the type of function to be performed and/or police operations to


be conducted, all PNP personnel must know by heart and shall comply with and
apply the following principles and procedures.

RULE 1. FUNCTIONS OF A POLICE OFFICER


1.1 To Serve and Protect The responsibility of every police officer is to serve the public
and protect life and property. No police operation shall be conducted in order to serve
or protect the illegal activity of a particular person, group or criminal syndicate.
1.2 To Observe Human Rights and Dignity of Person All PNP personnel shall respect
the human rights and dignity of the suspect/s during police operations.
The Chiefs of Police are designated on the basis of their competence and ability to
lead, supervise and administer the frontline units of the Philippine National Police. The
Police Stations are considered the basic police units that are in direct contact with the
populace. The elements of the Police Stations are necessarily expected to be the
better, if not the best, policemen available. The Police Chiefs are expected to be the
best, and the brightest among the qualified officers in the command.
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Police operations - refer to activities conducted by law enforcement officers as they


“serve and protect.” These activities include patrol, traffic, investigation, and general
calls for service. Historically, police officers have been viewed as law enforcement
officers who keep the law from being broken and apprehend those who break it.

2. Patrol Operation

The Philippine National Police is mandated to enforce the law, maintain peace
and order, protect life and property, ensure public safety with the active support
of the community. The patrol elements composed of the foot and mobile patrols
are the most ubiquitous members of the force and are synonymous to police
presence.

They are the ones who almost always arrive first at the scene of the crime in
response to calls for police assistance. Being the “First Responders,” it is
imperative that patrol officers are able to identify violations of law, bring
criminals to justice, collect, and preserve pieces of evidence, and assist in the
prosecution of offenders.

The concept of patrol has evolved since the time of the night watchmen in the
1700s. With the advent of technology and the need for fast mobile response
time for patrol officers, the concept of patrol has developed into three basic
types (Thomas, 2010).

3. Patrol Related Programs of the PNP

In the Philippines, the PNP is the government agency mandated to


enforce the law, prevent, and control crimes, maintain peace and order,
and ensure public safety and internal security with the active support of
the community.

The police operations of the PNP implements patrol-related programs


such as the Police Integrated Patrol System (PIPS) and the Patrulya
Ng Pulis (PNP, PNP Operations: Status of Implementation and
Program/Project Evaluation and Assessment.

Implemented since November 27, 2010, the Police Integrated Patrol


System (PIPS) is a crime prevention program that focuses on high
police visibility through foot and mobile patrols against street crimes
and crimes involving the use of firearms. It recently intensified its
campaign against motorcycle-riding criminals through a more
aggressive foot and mobile patrol force.
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Implemented since November 26, 2011, the Patrulya Ng Pulis is


another crime prevention program that intensifies police visibility. It
aims to augment the strength of the uniformed PNP personnel by
tapping unformed administrative personnel to perform limited beat
patrol duties.

Patrol is considered as a primary law enforcement function that


performs much more than the act of patrolling Patrol officers may be
engaged in a variety of activities that not only cover practically all police
functions but also include handling situations not directly related to
crime prevention or law enforcement. In fact, patrol work can be
described as the most difficult, dangerous, and complex job in the
police department.
Almost every police activity stems from the work done by patrol
officers, and every other division unit within a police department is
dependent upon its patrol force. Patrol units are distinctly marked in the
performance of their duty whether it is in patrol cars, motorcycles,
horses, boats, bikes, or helicopters.

As the first responder at the scene, a patrol officer could possibly be


the only person who gets to view the crime scene immediately after the
crime took place. He therefore has the responsibility to maintaining the
links that connect the suspect to the victim and the crime scene. The
officer must immediately determine the reasonable limits of the crime
scene.
4. Job, Duties and Tasks of Police Patrol Officer

1) Provide for public safety by maintaining order, responding to


emergencies, protecting people and property, enforcing motor vehicle
and criminal laws, and promoting good community relations.

2) Identify, pursue, and arrest suspects and perpetrators of criminal


acts.

3) Record facts to prepare reports that document incidents and


activities.

4) Review facts of incidents to determine if criminal act or statute


violations were involved.

5) Render aid to accident victims and other persons requiring first aid
for physical injuries.

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6) Testify in court to present evidence or act as witness in traffic and


criminal cases.

7) Evaluate complaint and emergency-request information to determine


response requirements.

8) Patrol specific area on foot, horseback, or motorized conveyance,


responding promptly to calls for assistance.

9) Monitor, note, report, and investigate suspicious persons and


situations, safety hazards, and unusual or illegal activity in patrol area.

10) Investigate traffic accidents and other accidents to determine


causes and to determine if a crime has been committed.

11) Photograph or draw diagrams of crime or accident scenes and


interview principals and eyewitnesses.

12) Monitor traffic to ensure motorists observe traffic regulations and


exhibit safe driving procedures.

13) Relay complaint and emergency-request information to appropriate


agency dispatchers.

14) Issue citations or warnings to violators of motor vehicle ordinances.

5. Basic Requirements of Police Operation


The general rule in the conduct of police operations entails that police officers
should be:
a) In complete police uniform with ID and name plate
b) Led by a Commissioned Officer
c) On-board or using marked PNP vehicle
 The use of warning shot is strictly prohibited as this will pose danger to life
and property especially in crowded areas. They will instead use any peaceful
means including use of whistles and megaphones, or any similar means to
influence, warn the offenders or suspects to stop and/or peacefully surrender
to authority.

 Police officers are prohibited from firing at moving vehicles, excessive use of
force and use of deadly weapons unless the suspect poses imminent danger
of causing death or serious physical injury to other persons or the police
officers. Our police force is trained on the rules of the use of force and/or
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reasonable force and in determining imminent danger during operations in


accordance with the Police Operational Procedures and provisions of the
Rules of Criminal Procedures.

6. PATROL PLANNING AND DEPLOYMENT


When we read the newspaper or listen to the news on TV, we learn about
robberies and shootouts in malls around Metro Manila. We also learn about
the growing threat of international terrorism, numerous people becoming
victims of terrorist attacks in public places such as buses, trains, and
airplanes.

Patrol officers have a critical role in preventing such incidents from happening
by closely monitoring potential target areas. Formulating strategic plans is
therefore very important in making sure that patrol operations are maximizing
resources to prevent crime.

7. Patrol Planning

Patrol organization is the deliberate arrangement of patrol personnel in a


manner which enables the efficient and effective performance of patrol tasks
for the purpose of assignment to areas of responsibility with clear cut channel
of communication and authority.

The emphasis is to accomplish a specific purpose that is goal directed and


deliberate structured in an effective and efficient way.

Planning involves the act of working out a series of steps in a systematic and
orderly manner.

Patrol planning it is the process of formulating workable methods, activities,


and procedures in the police organization for the purpose of attaining a set of
goals and objectives. It involves for the purpose of attaining a set of goals and
objectives, it involves the orderly arrangement of steps that consider particular
prevailing situations at various times and places. It entails a systematic
determination of facts and basis for police formulation, making sure that a
rational and strategic design is employed to develop procedures and
techniques.

7.1 Importance of a Patrol Plan

1. Good planning assumes the most effective and economical use of


resources by allocating scarce resources to the most critical gaps and needs.

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2. The plan breaks down broad goals into more practical objective and
enumerates doable steps to achieve it.

3. The plan serves as guide or reference in both training and performance. It


coordinates the efforts and places of responsibility.

4. The planning process gives continued attention to the improvement of the


practices and procedures by thinking about the long-term future of the project
and the sustainability of the activity targets and impacts.

7.2 Operational plan

A plan is considered operational because the people who will


implement the plan need to determine and identify clear objectives,
activities to be delivered, quality standard, desired outcomes, staffing and
resource requirements, implementation timetables, and a process for
monitoring progress. An operational plan answers the questions where we
are now, were do we want to be, how do we get there and how we measure
our progress.

In police operations, these plans are used by the patrol, detective, vice,
and juvenile control to accomplish their primary police task. Examples of
these are:

 Planning of specific patrol activities

 Distributing personnel according to shifts

 Distributing personnel proportionate to the territory according to the


needs of the service

 Preparing for special details to meet unexpected circumstances


Campaign planning and staff designation.

7.3 Tactical Plan

Tactical plan breaks down strategic goals to particular, short term action plans
that tie the patrol officers daily work with the overall strategic plans of the police
department. They serve as the patrol unit’s guide in coping with specific
situation at known location. A
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systematic determination and scheduling of the immediate or short-


term activities required in achieving the objectives of Strategic Planning.
Examples are actionable tasks for dealing with attacks against the police
station.

7.4 Procedural Plan

A procedural plan includes standard operating procedures on the day-


to-day activities of patrol units such as the deployment of personnel in
station level and number of personnel deployed to beat patrols and
deployment of patrol cars and numbers of automobile and crews. Such
as plan aids in the performance of administrative responsibilities of the
patrol unit.

7.4.1. Field procedure

This serves as the patrol unit’s general guide in the field as it includes
the courses of action to be taken in most situations such as receiving
complaints, dispatching, touring beats, raids, arrests, stopping
suspicious persons, investigation of crimes, and reporting.
Headquarters procedure- this serves as a guide on the duties of the
duties of the dispatcher, jailer, matron, and other personnel involved in
patrol operations.

Special operation procedure - this serves as the patrol units guide on the
course of action to be taken during special operations such as the search and
preservation of physical evidence of the crime scenes and accidents, control of
licenses, dissemination of information about wanted person, inspections of the PNP
headquarters, and the like.

7.5 Extra-Office Plan

It involved the assistance of individual citizens whose interest and


active participation is vital to the success of certain police programs.

These plans are crucial in order to continuously motivate, promote and


maintain an active public concern in its police affairs. It includes
courses of action that will organize the community to assist the

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accomplishment of objectives in fields such as traffic control, organized


crime, and juvenile delinquency.

8. Planning the Arrest

 Responsibility of the Chief of Officer acting in his absence. If the


arresting party is composed of two (2) or more members, somebody
must be placed in charge preferably the most experienced. Consider
the arresting and covering parties.
 Consider protection of innocent bystanders.
 Prevent escape of the subject.
 Discreet reconnaissance of the area. Determine the weapons and
equipment needed.
 Consider superiority of (a) manpower and (b) firepower.
 Is plan simple enough? Consider the element of SURPRISE (Daybreak
has proven satisfactory as the time for several successful arrests.
 Consider SPEED in the execution of the plan.
 Consider overall coordination.
 Consider concealment or cover that might be available both in effecting
arrest and in removing the subject from the building.
 Briefing officer should ask participants if they have any questions to
ask relative to the plan.
SELF-HELP. You can also refer to the sources below to help you further
understand the lesson:
https://pnppro1.org/Downloads/First%20Responders%20Manual.pdf

9. Neighborhood Patrol (Neighborhood Watch Patrol)

A neighborhood watch or neighborhood, also called a crime watch or


neighborhood crime watch patrol, is an organized group of civilians
devoted to crime and vandalism prevention within a neighborhood.

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The aim of neighborhood watch patrol includes educating residents of


a community on security and safety and achieving safe and secure
neighborhoods. However, when a criminal activity is suspected,
members are encouraged to report to authorities, and not to intervene.
A neighborhood watch program is a group of people living in the same
area who want to make their neighborhood safer by working together
and in conjunction with local law enforcement to reduce crime and
improve their quality of life.
Neighborhood watch groups have regular meetings to plan how they
will accomplish their specific goals and leaders with assigned
responsibilities.
Neighborhood watch is homeland security at the most local level. It is
an opportunity to volunteer and work towards increasing the safety and
security of the residents.
Neighborhood watch patrol empowers citizens and communities to
become active in emergency preparedness, as well as the fight against
crime and community disasters.
Neighborhoods watch patrol represent some groups mobilize to patrol
neighborhoods, other distribute crime prevention information, some
sectors assess the effectiveness of the neighborhood patrol. Where
disorder problems are the primary focus of neighborhood patrol
members, volunteers mobilize and conduct neighborhood clean-ups, or
work with faith-based organizations to assist with the community.
The neighborhood patrol is seemingly related to Barangay Peace
Keeping program.

10. Rule and Function of the PNP in Search and Rescue Operation
(Guidelines in the Management of Disaster and Relief Operations)

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 The PNP is mandated to enforce the law, prevent, and control crimes,
maintain peace, and order, and ensure public safety and internal
security with the active support of the community.
 The PNP provides a range of services and conducts operations to
achieve and maintain peace and order and ensures that communities
are safe.
 Considering that the PNP is practically present all over the country,
policemen are often, the first to respond during the first few hours of
disaster incidents. Such response is crucial and forms part of the
government’s initial action until the concerned government agencies
and local government units arrive to implement the appropriate disaster
management.
 The PNP, as a member agency of the National Disaster Risk
Reduction and Management Council (NDRRMC) which is the principal
policymaking and coordinating body, shall conduct disaster risk
reduction and management activities through a three-stage approach,
namely, Pro-active Assessment Stage, Disaster Incident Management
and Support to Recovery and Rehabilitation efforts.
 This will be supervised by the PNP Critical Incident Management
Committee headed by The Deputy Chief, PNP for Operations (TDCO)
and to be carried-out by TDPCR as Chairman/Task Coordinator, PNP
Sub Committee on Disaster Management (PNP SCDM).

10.1 PNP Sub-Committee on Disaster Management (PNP SCDM)

 The PNP SCDM shall be organized and will be composed of the


seventeen Police Regional Office Disaster Incident Management Task
Group (PRO DIMTG) supported by a PNP National Headquarters
Disaster Incident Management Task Group (PNP NHQ DIMTG) and be
placed under the command and control of TDPCR as the
Chairman/Task Coordinator.

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 The PNP SCDM shall conduct pre-disaster preparedness activities.


They may be deployed as well in the disaster/calamity area to conduct
search and rescue operation, evacuation and relief operations,
emergency medical services, and security and traffic management
operation as the situation warrants in support and coordination with the
NDRRMC. Police Regional Offices down to the Provincial,
City/Municipal Police Station level, shall exercise primary responsibility
in the conduct of disaster preparedness, risk reduction and disaster
management operations at their respective areas through their
respective Disaster Incident Management Task Group, supported by
NSU Regional Offices and in coordination with the Regional Director of
the Civil Defense as Regional Chairman.
 At the Provincial, City and Municipal levels, respective Provincial/City
Police Directors and Municipal Chiefs of Police shall initiate disaster
preparedness, risk reduction and disaster management operations in
coordination with the Local Disaster Risk Reduction and Management
Council (LDRRMC), as stipulated under RA 10121.

SELF-HELP. You can also refer to the sources below to help you further
understand the lesson:
http://www.pnp.gov.ph/images/manualsandguides/DPCR/PNP-Disaster-Response-
Handbook.pdf
https://dpcr.pnp.gov.ph/portal/images/downloads/CAD/Implan%20SAKLOLO%20201
4%20(Policing%20during%20Disaster).pdfHandbook complements LOI 35/10
“SAKLOLO REVISED” dated August 20, 2010

11. Methods and Procedure in the Protection of the Crime Scene

11.1 Protecting and Preserving the Crime Scene

a. Respond as soon as possible. Record the time of arrival, weather condition


and situation at the crime scene, and if possible, take photographs of the
scene and its immediate vicinity.

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b. Establish the police lines and exclude unauthorized persons from the
scene.
c. Avoid touching or stepping on anything that may represent evidence.
d. Check and protect adjacent areas from the scene where firearms,
footprints, dropped articles and bloodstains could be found.
e. Look for the presence of bloodstains and other body fluids.
f. Turn over all initial information and pieces of evidence gathered to the
responding investigation unit/elements.

11.2 Specific Functions, Responsibilities and Procedures

The following are the functions and responsibilities of the different players
during the crime scene investigation as well as procedures to be observed:

11.3 CRIME SCENE RESPONSE PROCEDURE

Crime Scene Investigation (CSI) is one of the most critical stages of any
criminal investigation. The initial actions taken at the crime scene by the First
Responders, Investigators and SOCO Team members at the outset of the
investigation are of such vital importance that oftentimes their actions would
determine the outcome of the investigation.

11.4 Specific Functions, Responsibilities and Procedures

The following are the functions and responsibilities of the different players
during the crime scene investigation as well as procedures to be observed:

First Responder:

a. The first Police Officers to arrive at the crime scene are the FRs who were
dispatched by the local police station/unit concerned after receipt of
incident/flash/alarm report,

b. Immediately, the FR shall conduct a preliminary evaluation of the crime


scene. This evaluation should include the scope of the incident, emergency

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services required, scene safety concerns, administration of life saving


measures, and establishment of security and control of the scene

c. The FR is mandated to save and preserve life by giving the necessary first
aid measures to the injured and their medical evacuation, as necessary. The
FR shall likewise secure and preserve the crime scene by cordoning the area
to prevent unauthorized entry of persons,

d. The FR shall take the dying declaration of severely injured person/s, if any.
The FR shall make the initial assessment on whether a crime has actually
been committed and shall conduct the preliminary interview of witnesses to
determine what and how the crime was committed,

e. If and when there is a suspect present in the area, the first responder shall
arrest, detain, and remove the suspect from the area; and

f. The FR, upon the arrival of the IOC, shall turn-over the crime scene to the
duty investigator/IOC after the former has briefed the investigator of the
situation.

11.5 Duties of the First Responder

a. Proceed to the crime scene to validate the information received,

b. Record the exact time of arrival and all pertinent data regarding the incident
in his issued pocket notebook and notify the TOC,

c. Cordon off the area and secure the crime scene with a police line or whatever
available material like ropes, straws or human as barricade to preserve its
integrity,

d. Check whether the situation still poses imminent danger and call for back up
if necessary,

e. Identify possible witnesses and conduct preliminary interview and ensure


their availability for the incoming investigator-on-case,

f. Arrest the suspect/s if around or in instances wherein the suspect/s is fleeing,


make appropriate notification for dragnet operations; g. Prepare to take the
“Dying Declaration” of severely injured persons with the following requisites:

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1. That death is imminent, and the declarant is conscious of that fact.

2. That the declaration refers to the cause and surrounding circumstances of


such death.

3. That the declaration relates to facts which the victim is competent to testify
to; and

4. That the declaration is offered in a case wherein the declarant’s death is the
subject of the inquiry. (Section 37, Rule 130 of the Rules of Court).

h. Evacuate the wounded to the nearest hospital using emergency services,

i. Account for the killed, wounded, and arrested persons for proper
disposition,

j. Conduct initial investigation; and

k. Brief the investigator-on-case upon arrival and turn over the crime scene.

11.6 First Responder:

a. The first Police Officers to arrive at the crime scene are the FRs who were
dispatched by the local police station/unit concerned after receipt of
incident/flash/alarm report;

b. Immediately, the FR shall conduct a preliminary evaluation of the crime


scene. This evaluation should include the scope of the incident, emergency
services required, scene safety concerns, administration of life saving
measures, and establishment of security and control of the scene

c. The FR is mandated to save and preserve life by giving the necessary first
aid measures to the injured and their medical evacuation as necessary. The
FR shall likewise secure and preserve the crime scene by cordoning the area

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to prevent unauthorized entry of persons;

d. The FR shall take the dying declaration of severely injured person/s, if any.
The FR shall make the initial assessment on whether a crime has actually
been committed and shall conduct the preliminary interview of witnesses to
determine what and how the crime was committed;

e. If and when there is a suspect present in the area, the first responder shall
arrest, detain, and remove the suspect from the area; and
f. The FR, upon the arrival of the IOC, shall turn-over the crime scene to the
duty investigator/IOC after the former has briefed the investigator of the
situation.

12. Role of the Investigator on Case (IOC) /Duty Investigator

a. Upon arrival at the crime scene, the IOC shall request for a briefing from
the FR and make a quick assessment of the crime;

b. At this stage, the IOC shall assume full responsibility over the crime
scene and shall conduct a thorough assessment of the scene and inquiry into
incident. If necessary, the IOC may conduct crime scene search outside the
area where the incident happened employing any of the various search
methods;

c. Based on the assessment, if the IOC determines that a SOCO team is


required, he shall report the matter to his COP and request for a SOCO,
otherwise, the IOC shall proceed with the CSI without the SOCO team and
shall utilize CSI Form “4” – SOCO Report Forms in the conduct of the CSI;

d. The IOC may by himself if the situation so demands, conduct CSI if, there
is no Provincial Crime Laboratory Office/Regional Crime Laboratory Office in
the province. The IOC must, however, ensure that the correct procedures in
the collection of evidence are observed to ensure the admissibility of the
evidence;

e. The Police Station Operation Center, upon directive of the COP, shall make
the request for the SOCO team through the Provincial/City Operations Center;

f. It shall be the responsibility of the Provincial/City Operations Center to


facilitate the request for the SOCO Team;
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g. Upon the arrival of the SOCO Team, the IOC shall accomplish the CSI Form
“2” - Request for the Conduct of SOCO and submit the same to the SOCO
Team Leader. The SOCO team shall not enter the crime scene unless the IOC
makes the official written request wherein, he assures the SOCO team of his
presence and support; and

h. The IOC shall brief the SOCO Team upon their arrival at the crime scene
and shall jointly conduct the preliminary crime scene survey.

13. Crime Scene Photography

Photography is the primary tool for crime scene documentation.


Proper crime scene photography is a deliberate and systematic
process. Its main purpose is to visually convey all aspects of the scene
to someone who was not there. To accomplish this, all scene
photography consists of three basic types of images.
Crime scenes can be major sources of physical evidence that is used
to associate or link suspects to scenes, victims to scenes, and
suspects to victims. This is Locard's exchange principle. It is the basic
principle of why crime scenes should be investigated.
Anything found at a crime scene can be physical evidence. In scientific
crime scene investigation, the first activities at the crime scene are
essential for the successful preservation of the physical evidence. The
first responder and ultimately the crime scene investigator have the
obligation to make the scene secure and ensure that any further
activities
13.1 Forensic photography, also referred to as crime scene photography
is an activity that records the initial appearance of the crime
scene and physical evidence, in order to provide a permanent record
for the courts. Crime scene photography differs from other variations of
photography because crime scene photographers usually have a very
specific purpose for capturing each image.

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Most crime scene photographers use a high-quality digital camera or


35mm camera. Digital cameras which have ten megapixels, or greater,
image sensors and manual exposure settings (in addition to any
automatic or programmed exposure modes) are usually suitable for
crime scene and evidence photography.
For people who were at the original crime scene, forensic photos will
help refresh their memory as time goes by. People who could not be
present at the original crime scene, it provides them with the opportunity
to see the crime scene and the evidence within the crime scene.
Furthermore, the forensic photos can be utilized by law enforcement
professionals who will become involved with crime and will be utilized
later when the crime case goes to trial. Legal counsel and the witnesses
can reuse and utilize forensic photos for lawful evidence or references.
Sometimes, forensic photos can be the only way to collect lawful
evidence; therefore, two key points are important:

 Documentation of the crime scene and the evidence within the crime scene.
 Collection of evidence. These images can then be later used as examination-
quality photographs by experts/analysts from the forensic laboratory.

All forensic photography must consider three elements at a crime scene:


the subject, the scale, and a reference object. Also, the overall forensic
photographs must be shown a neutral and accurate. Crime scene
photographs should always be in focus, with the subject of the photograph
as the main object of the scene. There should always be a scale or ruler
present.
This will allow the investigators the ability to resize the image to accurately
reconstruct the scene. The overall photographs must be a fair and accurate
representation of what is seen.
Preliminary overall photographs should attempt to capture the locations of
evidence and identifying features of the scene, such as addresses, vehicle
identification numbers and serial numbers, footwear/tire mark impressions,

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and the conditions of the scene. While the purpose of the overall photograph
is to document the conditions of the scene and the relationship of objects,
the medium range photograph serves to document the appearance of an
object.
In all photographs, a scale must be included, as well as a marker to indicate
the identity of the object in question. Again, objects of medium-range
photographs must be a fair and accurate representation of what is seen.

SELF-HELP. You can also refer to the sources below to help you further
understand the lesson:
https://en.wikipedia.org/wiki/Forensic_photography#:~:text=Forensic%20photograph
y%2C%20also%20referred%20to,permanent%20record%20for%20the%20courts

13.2 Overall Photographs


Overall photographs, as the name implies, capture the global aspects
of the crime scene. Their purpose is to show exactly where the scene
was, to the exclusion of any other location, and to show all boundaries
of the scene.
These photographs are typically taken in an overlapping fashion from
the outside of the perimeter looking in, and from the center of the
scene looking out, covering all areas of the scene.
Items of evidence and their spatial relationships may be visible, but
they are not the main subject of the photograph. Aerial and spherical
photographs are valuable for capturing a complete set of overall
images.

13.3 Midrange Photographs

Midrange photographs transition the viewer from an “outsider looking in”


perspective to a more involved perspective.

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Items of evidence and their spatial relationships are shown, typically by


depicting a single item in relation to a fixed object in the scene. Done
correctly, this technique will show proper context, perspective, and
scale.
It will also show the precise position of each item of evidence.

13.4 Close-up Photographs and Evidence Photography

Close-up photographs are deliberate depictions of individual items of


evidence.
They must show all sides of the item and clearly show any markings,
defects, or other identifying features.
Each photograph is usually taken twice: once with a scale, and once
without a scale.
The image sensor of the camera must be oriented parallel to the surface
being photographed, in order to have a good image the forensic
photographer is advised to use a tripod.
The item must fill the frame of the camera. Shadows must be eliminated
unless they are intentional (e.g., present from oblique lighting to show
texture).
Because of these requirements, close-up photography may be deferred
until it can be accomplished under controlled conditions.

SELF-HELP. You can also refer to the sources below to help you further
understand the lesson:
https://www.l-tron.com/what-three-types-of-photographs-are-taken-at-crime-scenes

13.5 Procedures on taking photographs

a. Overall photos of the scene are taken to show the approach to the area,
street signs, and streetlight locations in relation to the actual scene, street

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addresses and identifying objects at the scene. Pictures should also be taken
of every room in the house, even if their relationship to the crime scene is not
readily apparent.
b. Photograph the scene in a clockwise pattern before altering the body's
position or any other evidence within the scene. Photograph the scene from at
least 2 opposite corners, but from all four corners is even better. This way,
nothing is missed or hidden from view by intervening objects.
c. Photograph the body and the immediate vicinity around the body. If you
have a camera boom, take pictures from ceiling height down of the victim and
any other evidence. This perspective often shows things missed when viewed
from ground or eye level.
d. Keep a photo log.

14. INVESTIGATION BY THE TERRITORIAL UNIT CONCERNED

The Police Unit which has territorial jurisdiction over the area where the
armed confrontation occurred shall immediately undertake the
necessary investigation and processing of the scene of the encounter.
The Scene of the Crime Operation (SOCO) team shall conduct Crime
Scene Processing upon request.
In cases of armed confrontation wherein a suspect die, the TL of the
operating unit shall submit the incident for inquest before the duty
Inquest Prosecutor prior to the removal of the body from the scene
except in areas where there are no Inquest Prosecutors. In which case,
the territorial police unit can proceed with the investigation.

15. PATROL PROCEDURES

15.1 Duties and Responsibilities of Patrol Officers

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

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b. Patrol the assigned beats, observe and check suspicious people,


structures/buildings, compounds, and vehicles.
c. Respond to calls, entertain complaints, initiate the investigation and
protection of the scene, and minimize the aftereffects of accidents, and
other catastrophes.
d. Observe and monitor public gatherings, prevent disorders, and disperse
unlawful assemblies.
e. Prevent crimes and arrest sighted law violators, assuring the public that
peace is preserved.
f. Inspect and/or conduct surveillance in various places of business
establishments and other installation and remove hazards to public
safety.
g. Assist personnel of responsible agencies/unit in facilitating the "ow of traffic
at busy intersections/roads within his Area of Responsibility (AOR),
assist and provide pedestrian information such as directions and street
locations.
h. Conduct home visitations when circumstances warrants,
ugnayans/dialogues with the residents in their beat.
i. Report occurrences and conditions which relate to crime, public peace,
order, and safety.
j. Enforce city/municipal ordinances on liquor establishments and
night clubs, cabarets and all houses of ill-reputes; and
k. Check suspicious vehicles (private, public, or commercial/ delivery
vehicles) along the highways in the course of their patrol.
l. Patrol Officers shall wear the prescribed patrol uniform.
m. Patrol Officers must have the equipment necessary in the
performance of their duty.

15.2 Duties of Patrol Supervisors

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a. 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:

1) Area Coverage: safe haven, ambush areas and crime prone areas
2) Organizational Detail of Personnel
3) Duration
4) Stand-by points
5) Route plan
b. Designate and select the members of the patrol team/s.
c. Inspect the members of the patrol on the completeness of the uniforms, availability
of personnel, and operational readiness of personnel and equipment.
d. Conduct briefing, prior to dispatch, on the priority of activities to be undertaken
during the patrol as the situation demands; remind the patrol on the strict
observance of the PNP Operational Procedures.
e. Render hourly report of location and situation through radio/ telephone to Police
Community Precinct (PCP)/Station Headquarters Tactical Operation Center
(TOC).
f. 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.
g. Strictly observe “Buddy System” during the patrol operations.
h. Conduct debriefing after the patrol to assess its conduct and make necessary
corrective measures on defects noted.

15.3 Patrol Guidelines

a. Observe precautionary measures and personal safety while on patrol.


b. Practice defensive driving and follow traffic rules and regulations.
c. Select routes which provide best visibility.
d. 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.

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e. Use tact and persuasiveness when conducting spot inquiry or questioning


individuals for information.
f. When requiring a suspicious person or any individual for identification, avoid taking
the wallet or bag in which the cards/documents are placed. Let the individual
remove and hand them to you.
g. Be familiar, as much as possible, with known criminals/ex-convicts residing in or
frequenting the patrol beat.
h. Be on the alert for loiters.
i. Keep under close observation actions of juveniles, trouble makers/agitators and
the mentally ill/retarded persons.
j. Observe the practice of “shaking doors” of unguarded business establishments
during night patrol. Check for signs of intrusion.
k. When checking suspicious persons, places, buildings/ establishments and
vehicles especially during nighttime, be prepared to use your service supply.
Flashlight should be held tightly away from the body to avoid making you a
possible target.
l. Be familiar with stay-in employees of business establishments in your beat.
m. Establish good rapport with the people in your beat.
n. Keep watch of uninhabited homes.
o. Patrol members should avoid loitering in theaters, restaurants, and other
recreational places.
p. Develop contacts by getting to know as many people as possible who can give
information about crime condition in the patrol beat.
q. Patrol members must be always on the look-out for indications of vices and other
illegal activities in their beat.
r. Patrol members must be knowledgeable of all conditions, events, and details of
places in their beat.

SELF-HELP. You can also refer to the sources below to help you further
understand the lesson:
https://www.pnpdhrdd.ph/jdownloads/DIRECTIVES/patrol101final.pdf

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Matina Campus, Davao City
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Telefax: (082)300-5456

References:

1. Hill, Bryan, and Paynich, Rebecca (2014). Fundamentals of Crime Mapping. Second
Edition. Burlington, MA: Jones & Bartlett Learning
2. Florendo, A.M.(2011). Police Planning and Operations: with Master Plans and Procedures.
Quezon City, Philippines, Wiseman’s Book Trading Inc.
3. Hess, K.M.; Orthmann, C.H. & Cho, H.L.(2011). Police Operations: Theory and Practice. Fifth
Edition. Australia: Delmar Cengage Learning
4. Boba, Rachel (2005). Crime Analysis and Crime Mapping. Thousand Oaks: Sage Pub.,
5. Primer on 1987 Phil. Constitution

LET’S CHECK!

Activity 1. MULTIPLE CHOICE. Encircle the correct answer.

1. The following are the functions of a police officer during police operations, except
A. To protect lives and properties
B. To respect human rights
C. To observe the human dignity of persons
D. To serve or protect the illegal activity of a particular person, group or criminal
syndicate
2. In a crime investigation, what should be considered as priority?
A. Fleeing suspects
B. Secure the crime scene
C. Physical evidence
D. Emergency first

3. What is the category of police operations that includes search, rescue and
retrieval operations, fire drills, earthquake drills and similar operations that promote
public safety?
A. Public safety operation
B. Law enforcement operation
C. Internal security operations
D. Special police operations

4. In the lawful performance of duty, what is the degree of force a police officer may
use in order to accomplish his mandated tasks of enforcing the law and maintaining
peace and order?
A. Necessary and reasonable force
B. Exigent force
C. Maximum force
D. Tolerable force

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5. In any police operation, what is a must in order to avoid waste of time, effort, and
resources?
A. Intelligent team leader
B. Camaraderie of members
C. Careful planning
D. Responsible community

6. A police activity were police officers are deployed in a given community, area, or
locality to prevent and deter criminal activity and to provide day-to-day services to the
community.
A. Checkpoint
B. Beat patrol
C. Patrol
D. Police operation

7. Are members of the police, military, fire, medical teams, and other volunteer
organizations who are expected to be the first to respond to calls for assistance in
cases of incidents involving explosives.
A. First responder
B. Responder
C. Police officer
D. Patrol

8. It is the territory and time that a police officer patrol, typically by foot or automobile.
A. Checkpoint
B. Beat patrol
C. Beat
D. Police operation

9. Activities conducted by law enforcement officers as they “serve and protect.”


These activities include patrol, traffic, investigation, and general calls for service.
A. Patrol operation
B. Beat patrol
C. Police operations
D. Public safety operation

10. When is the use of firearm during police operations justified?


A. If the offender poses imminent danger of causing serious injury to the
police officer or other persons
B. The use of firearm is justified under the doctrines of self-defense, defense
of a relative, and defense of a stranger
C. When the person looks threatening and dangerous

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D. If the offender poses imminent danger of causing death to the police officer
or other persons
11. The following are instances when a moving vehicle could be fired upon, except
A. when its occupants pose imminent danger of causing death to the police
officer or any other person
B. the use of firearm does not create a danger to the public and outweighs the
likely benefits of its non-use
C. when its occupants pose imminent danger of causing injury to the police
officer or any other person
D. when the occupants of the moving vehicle seems armed and dangerous

12. As the patrol supervisor, why should you inspect the members of the patrol for
completeness of uniforms, operational readiness, and all government issued
equipment (firearms, mobile car, radio, etc.)

A. The patrol supervisor really needs to inspect his personnel before


deployment
B. To see whether they still have their government-issued equipment
C. To ensure they are ready for the patrol operation
D. To ensure that these are well-maintained and properly used by the patrol
officer

13. It involves the act of working out a series of steps in a systematic and orderly
manner, for the purpose of attaining a set of goals and objectives, it involves
the orderly arrangement of steps that take into account particular prevailing
situations at various times and places.

A. Management
B. Supervision
C. Planning
D. Patrol planning

14. It is the process of formulating workable methods, activities and procedures in


the police organization for the purpose of attaining a set of goals and objectives.

A. Management
B. Patrol planning
C. Planning
D. Supervision

15. A type of plan that breaks down strategic goals to particular, short term action
plans that tie the patrol officers daily work with the overall strategic plans of the
police department.

A. Operational plan
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B. Procedural plan
C. Tactical plan
D. Field procedure

LET’S ANALYZE!

Activity 1. Essay Writing. Write your insights about the following question.

1. Use of Excessive Force during police operations

2. When arrest without a warrant effected?

3. Differentiate Arrest Warrant and Search Warrant

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IN A NUTSHELL.

Activity 1. Discuss briefly and concisely in your own understanding the


“Neighborhood Watch Patrol”

KEYWORDS INDEX. This section lists down the important keywords from this unit
that will help you to recall and review.

Police Operation First Responder Patrol operations

Patrol Beat patrol Organization

Neighborhood
Operational plan Patrol planning
patrol

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Final Written Exam for Lecture

Since this is a board examination course, you are required to the Multiple-Choice Final
Examination inside the University as required by the policy. Accordingly, this is non-
negotiable for all licensure-based programs. You will be informed ahead of the
schedule.

Lastly, for any concerns or issues arising from this module, feel free to contact the course
administrator, program head or dean using the contact details provided in this material.

COURSE SCHEDULE-LECTURE. This section calendars all the activities and


exercises, including readings and lectures, as well as time for making assignments and
doing other requirements, in a programmed schedule by days and weeks, to help the
students in SDL pacing, regardless of mode of delivery.

Activity Date Where to submit


Big Picture A: Let’s Check Activities TBA Blackboard LMS
Big Picture A: Let’s Do This Activities TBA Blackboard LMS
Big Picture A: In a Nutshell Activities TBA Blackboard LMS
Big Picture B: Let’s Check Activities TBA Blackboard LMS
Big Picture B: Let’s Do This Activities TBA Blackboard LMS
Big Picture B: In a Nutshell Activities TBA Blackboard LMS
Big Picture C: Let’s Check Activities TBA Blackboard LMS
Big Picture C: Let’s Do This Activities TBA Blackboard LMS
Big Picture C: In a Nutshell Activities TBA Blackboard LMS
Big Picture D: Let’s Check Activities TBA Blackboard LMS
Big Picture D: Let’s Do This Activities TBA Blackboard LMS
Big Picture D: In a Nutshell Activities TBA Blackboard LMS
Q&A List TBA Blackboard LMS
Final Exam TBA Blackboard LMS

Online Code of Conduct

(1) All teachers/Course Facilitators and students are expected to abide by an


honor code of conduct, and thus everyone and all are exhorted to exercise self-
management and self-regulation.

(2) Faculty members are guided by utmost professional conduct as learning


facilitators in holding OBD and DED conduct. Any breach and violation shall be
dealt with properly under existing guidelines, specifically on social media
conduct (OPM 21.15) and personnel discipline (OPM 21.11).

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(3) All students are likewise guided by professional conduct as learners in


attending OBD or DED courses. Any breach and violation shall be dealt with
properly under existing guidelines, specifically in Section 7 (Student Discipline)
in the Student Handbook.

(4) Professional conduct refers to the embodiment and exercise of the University’s
Core Values, specifically in the adherence to intellectual honesty and integrity;
academic excellence by giving due diligence in virtual class participation in all
lectures and activities, as well as fidelity in doing and submitting performance
tasks and assignments; personal discipline in complying with all deadlines; and
observance of data privacy.

(5) Plagiarism is a serious intellectual crime and shall be dealt with accordingly.
The University shall institute monitoring mechanisms online to detect and
penalize plagiarism.

(6) All borrowed materials uploaded by the teachers/Course Facilitators shall be


properly acknowledged and cited; the teachers/Course Facilitators shall be
professionally and personally responsible for all the materials uploaded in the
online classes or published in SIM/SDL manuals.

(7) Teachers/Course Facilitators shall devote time to handle OBD or DED


courses and shall honestly exercise due assessment of student performance.

(8) Teachers/Course Facilitators shall never engage in quarrels with students


online. While contentions intellectual discussions are allowed, the
teachers/Course Facilitators shall take the higher ground in facilitating and
moderating these discussions. Foul, lewd, vulgar and discriminatory languages
are absolutely prohibited.

(9) Students shall independently and honestly take examinations and do


assignments, unless collaboration is clearly required or permitted. Students
shall not resort to dishonesty to improve the result of their assessments (e.g.
examinations, assignments).

(10) Students shall not allow anyone else to access their personal LMS account.
Students shall not post or share their answers, assignment or examinations to
others to further academic fraudulence online.

(11) By handling OBD or DED courses, teachers/Course Facilitators agree and


abide by all the provisions of the Online Code of Conduct, as well as all the
requirements and protocols in handling online courses.

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(12) By enrolling in OBD or DED courses, students agree and abide by all the
provisions of the Online Code of Conduct, as well as all the requirements and
protocols in handling online courses.

Course prepared by:

IVY Q. MALIBIRAN, MSCrim.


SEGUIDO, MICHAEL, PhD.
College of Criminal Justice Education

Course reviewed by:

ROBERTO R. MAGBOJOS, Ph.D.___________


Program Head, College of Criminal Justice Education

Approved by:

CARMELITA B. CHAVEZ, Ph.D.______


Dean, College of Criminal Justice Education

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