Cri 321 Ulo a - Ulo d Sim
Cri 321 Ulo a - Ulo d Sim
Cri 321 Ulo a - Ulo d Sim
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
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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
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College of Criminal Justice Education
Matina Campus, Davao City
2nd floor GET Building
Telefax: (082)300-5456
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College of Criminal Justice Education
Matina Campus, Davao City
2nd floor GET Building
Telefax: (082)300-5456
4|P age
College of Criminal Justice Education
Matina Campus, Davao City
2nd floor GET Building
Telefax: (082)300-5456
5|P age
College of Criminal Justice Education
Matina Campus, Davao City
2nd floor GET Building
Telefax: (082)300-5456
Students with Special Needs Students with special needs shall communicate with
the course coordinator about the nature of his or her
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Telefax: (082)300-5456
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College of Criminal Justice Education
Matina Campus, Davao City
2nd floor GET Building
Telefax: (082)300-5456
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.
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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.
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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.
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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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).
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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“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.
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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,
(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.
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(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.
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.
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:
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.
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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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.
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:
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.
SELF-HELP. You can also refer to the sources below to help you further
understand the lesson:
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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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.
4.1 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.
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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.
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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.
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.
(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:
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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; 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.
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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.
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.
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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:
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.
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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.
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).
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.
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.
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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8.4 Article 8
1. No one shall be held in slavery; slavery and the slave-trade in all their forms shall
be prohibited.
(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.
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.
(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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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:
(b) To have adequate time and facilities for the preparation of his defense and to
communicate with counsel of his own choosing,
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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,
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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Telefax: (082)300-5456
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.
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
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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!
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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.
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.
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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.
“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.
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).
5) Render aid to accident victims and other persons requiring first aid
for physical injuries.
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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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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
Planning involves the act of working out a series of steps in a systematic and
orderly manner.
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2. The plan breaks down broad goals into more practical objective and
enumerates doable steps to achieve it.
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:
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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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.
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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).
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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
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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.
The following are the functions and responsibilities of the different players
during the crime scene investigation as well as procedures to be observed:
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.
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,
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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.
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,
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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).
i. Account for the killed, wounded, and arrested persons for proper
disposition,
k. Brief the investigator-on-case upon arrival and turn over the crime scene.
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;
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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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.
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;
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;
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.
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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.
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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
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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
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.
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.
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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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.
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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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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!
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
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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.)
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
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.
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IN A NUTSHELL.
KEYWORDS INDEX. This section lists down the important keywords from this unit
that will help you to recall and review.
Neighborhood
Operational plan Patrol planning
patrol
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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.
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(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.
(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.
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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.
Approved by:
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