LAW ENFORCEMENT

OPERATION AND PLANNING

with CRIME MAPPING

Prepared by: Mark Anthony T. Santos RCRIM

CHAPTER 1
NATURE OF POLICE
• Public Servant
“TO SERVE AND PROTECT” – The responsibility of
every police officer is to serve the public and protect life
and property.

• National in Scope
- The Philippine National Police as an agency is operated
by the national government. Its jurisdiction covers the
entire breadth of the Philippine archipelago all uniformed
and non-uniformed personnel of the PNP are national
employees.
• Civilian in Character – PNP as an
organization is not a part of the
military organization, although it
retains some military attributes such as
discipline.
PNP Operational Guidelines
• To Serve and Protect – The responsibility of
every police officer is to serve the public and
protect life and property.

• To Observe Human Rights and Dignity of

Person – All PNP personnel shall respect and
uphold the human rights and dignity of all
persons at all times.
CATEGORIES OF POLICE
OPERATIONS
• A. Public Safety Operation – includes Search,
Rescue and Retrieval Operation, Fire Drills,
Earthquake Drills and similar operations that
promotes public safety.

• B. Law Enforcement Operations –

Implementation of search warrant, service of
warrant of arrest and other anti-criminality
operations and similar operation that are
conducted to enforce laws, statutes, executive
orders and ordinances.
• C. Internal Security Operation – This includes
counterterrorism operations and similar
operation against other threat groups that
are conducted to ensure internal security.

• D. Special Police Operation – Police operation

that are conducted by police units with
specialized training on the peculiarity of the
mission or purpose.
• E. Intelligence Operation – includes
Surveillance Operation, Counter Intelligence,
Intelligence Research, Intelligence
Assessment and similar police intelligence
operation conducted to gather information
related to security, public safety and order.

• F. Investigation Operations – This includes

investigation of crime or incident,
administrative investigation and other
investigative work necessary to determine
facts and circumstances for filing cases
criminally or administratively.
• G. Scene of the Crime Operation
(SOCO) – includes processing of
crime scene, technical and
forensic examination of evidence
and similar scientific investigative
assistance.
BASIC REQUIREMENT OF
POLICE OPERATION
• With a marked police vehicle
• Led by a Police Commissioned Officer (PCO)
• With personnel in prescribed police uniform or attire
• With the use of Body Worn Cameras (BWCs) and/or
Alternative Recording Devices (ARDs) during the conduct of
searches and arrests.
 USE OF MEGAPHONES AND
SIMILAR INSTRUMENTS
• During actual police intervention operations,
the Team Leader (TL) shall use peaceful means
including the use of megaphones or any other
similar instrument to warn or influence the
offender/s or suspect/s to stop and/or
peacefully give up. The police shall not use
warning shots during police intervention
operations.
Warning Shots Prohibited

•The police shall not use

warning shots during
police intervention
operations.
Use of Force during Police
Operations
• 1. Use of Excessive Force Prohibited
• The excessive use of force during police
operation is prohibited. However, in law
performance of duty, a police officer may use
necessary force to accomplish his mandated
tasks of enforcing the law and maintaining peace
and order.
Use of Force during Police
Operations
• 2. Issuance of Verbal Warning
• The police officer must first issue a verbal
warning before he could use force
against an offender.
• AS far as practicable, the verbal warning
shall be in the dialect that is known to
the offender or in the national language.
Use of Force during Police
Operations
• 3. Non-Issuance of Verbal
Warning When Excusable
• The failure to issue a verbal
warning is excusable in cases
where threat to life or property is
already imminent, and there is no
other option but to use force to
subdue the Offender.
Use of Force during Police
Operations
• 4. Use of Non-Lethal Weapon
• When suspect is violent or threatening, and
that less physical measures have been tried
and deemed inappropriate, a more
extreme, but non-deadly measure can be
used such as baton/truncheon, pepper
spray, stun gun and other nonlethal
weapon to bring the suspect under control,
or effect an arrest.
• 5. . Application of Necessary and Reasonable
Force
• During confrontation with an armed
offender, only such necessary and reasonable
force should be applied as would be
sufficient to overcome the resistance put up
by the offender; subdue the clear and
imminent danger posed by him; or to justify
the force/act under the principles of self
defense, defense of relative, or defense of
stranger.
PATROL
• Patrol – is the action of traversing
a district or beat or of going the
rounds along a chain of guards for
observation or the maintenance
of security
POLICE PATROL
• Police Patrol – play an important
role in public service by
responding to incidents,
deterring and preventing crimes.
PATROL GUIDELINES
• Conduct briefing before and debriefing after patrol operations
• Perform firearm and equipment check prior to dispatch
• Observe precautionary measures and personal safety while on
patrol;
• Observe defensive driving and follow traffic rules and
regulations
• Establish good rapport with people on your beat and be
familiar with all the people in the community;
• Patrol members must be always on the look-out for indications
of vices and other illegal activities on their beat;
• Be observant of people and places
• Patrol members must inform the tactical operations center
before responding to any incident.
Spot Checks and Pat Down
Searches
• 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
need to increase their vigilance (PNP Human Rights
Affairs Office (HRAO), 2008, p.25).

• Pat-down search – is when a police officer pats down

the outer surfaces of a person’s clothing in attempt
to find weapons
( Legal Information Institute(LII), n.d.).
Grounds for Stopping and Pat
Down Searches
• 1. Stopping
• The person is reported to be allegedly involved in a
criminal activity;
• The actions or demeanor of the person suggest that
he/she in a criminal activity;
• The person is carrying something illegal or when
his/her clothing bulges in a manner that suggests
he/she is carrying a weapon ; and
• The person is seen at the time and place proximate
to an alleged crime incident and/or flees at the sight
of a police officer.
• 2. Pat Down Search
• Visual indication suggesting that the person
is carrying a firearm or other deadly
weapon.
• The type of crime believed to have been
committed by the person, particularly
crimes of violence where threat of use of
deadly weapon is involved; and
• The threatening demeanor of the person
CHECK POINTS
• In police operations involve the
establishment of designated locations where
the law enforcement officers stop and inspect
vehicles, individuals, or both for various
reason.
TYPES OF CHECKPOINTS
• 1. Mobile checkpoint – It responds to an
immediate operational need and can be
removed immediately after the execution of the
operation without having an impact on the
security of the concerned area.

• 2. Fixed checkpoint – It can be permanent or

temporary and it takes places where a decision
has been taken to carry out checks on a regular,
even daily basis.
COMPOSITION OF
CHECKPOINTS TEAM
• 1. Team Leader (TL) – shall lead and take
responsibility in the conduct of checkpoints
preferably a Police Commissioned Officer (PCO).

• 2. Spotter/Profiler – shall point/profile suspected

vehicle subject for checkpoint.

• 3. Verifiers – shall conduct document verification,

search seizure and arrest, if necessary, initial custody
of seized evidence;
• 4. Search/Arresting Personnel – Shall search,
seize illegal items and arrest offenders;

• 5. Forward/Rear Security – shall provide

security in the checkpoint area and
block/pursue fleeing suspect/s vehicle;
 CHAPTER II

•ARREST, SEARCH, SEIZURE

AND PNP INVESTIGATION
OPERATION
Basic Police Operations
• Arrest -
The taking of a person into custody in
order he may bound to answer for the
commission of an offense.
MODES
• Arrest by Virtue of a Warrant – A mode
of arrest usually executed by law
enforcers upon the written order of the
Judge.

• Warrantless Arrest – This is also known

as citizen’s arrest. This can be executed
by either law officers or private persons.
TIME OF MAKING AN
ARREST

?
• An arrest may be made on
any day and any time of
the day or night.
EXECUTION OF THE
WARRANT OF ARREST
• The head of the office to whom the
warrant of arrest was delivered for
executional shall cause the warrant to be
executed within ten (10) days from its
receipt.
• Within ten (10) days, the officer to whom
it was assigned for execution shall make
a report to the judge who issued the
warrant.
RULES ON THE USE OF BODY-WORN CAMERAS IN THE
EXECUTION OF WARRANT (A.M NO. 21-06-08-SC)

• During arrest it is required to have at least

one body-worn camera and one alternative
recording device, a minimum of Two devices
to capture the events during the execution of
arrest.

• In case of unavailability, the officer can file a

motion before the court, to use alternative
devices.
RULES ON THE USE OF BODY-WORN
CAMERAS IN THE EXECUTION OF WARRANT
(A.M NO. 21-06-08-SC)

• When making an arrest by virtue of the

warrant, the officers wearing the body-worn
camera shall notify the person to be arrested
that the arrest is recorded

• Video and audio recording shall be activated

upon arrival at the scene of arrest
NOTE

•During Warrantless Arrest

The arrest shall be
recorded in the same
manner.
General Guidelines in Making an Arrest
(According to the Revised PNP Operations
Manual (2021), the following are the guidelines
in making arrest:
• All arrests should be made only on the basis of a valid warrant
of arrest issued by a judge, expect in instances where the law
allows warrantless arrest

• No violence or unnecessary force shall be used in making an

arrest, and the person to be arrested shall not be subjected to
any restraint greater than what us necessary under the
circumstances ( Revised Rule of Criminal Procedure, Rule 113
section 2).

• Arrest can be made on any day of the week and at any time of
day or night ( Revised Rules of Criminal Procedure, Rule 113,
section. 6).
• A senator or member of the House
of Representatives shall, in all
offenses punishable by not more
than six years imprisonment, be
privileged from arrest while the
congress is in session.
Warrantless Arrest – The Rule 113 of
the Revised Rules of Criminal Procedure (2000) states that,
A peace officer or a private person may, without a warrant,
arrest a person on the following grounds:
• 1. When, in his presence, the person to be arrested has
committed, is actually committing, or is attempting to
commit an offense; (par. A, Sec. 5 Rule 113)
• 2. When an offense has just been committed, and he has
probable cause to believe based on personal knowledge of
facts or circumstances that the person to be arrested has
committed it; and (par. B, Sec. 5, Rule 113)
• 3. When the person to be arrested is a prisoner who has
escaped from a penal establishment or place where he is
serving final judgement or temporary confined while his
case is pending or escaped while being transferred from
one confinement to another.
SEARCH AND SEIZURE
• SEARCH – involves law enforcement officers going
through part or all of an individual’s property, and
looking for specific items that are related to a crime
that they have reason to believe has been committed.
• Seizure – happens if the officers take possession of
items during the search

• SEARCH AND SEIZURE – Is used to describe a law

enforcement agent’s examination of a person’s home,
vehicle, or business to find evidence that a crime has
been committed.
SEARCH AND SEIZURE
• Search Warrant – is an order in writing
issued in the name of the People of the
Philippines, signed by a judge and
directed to a peace officer,
commanding him to search for
personal property described therein
and bring it before the court (sec. 1,
Rule 126, Rules of Court).
Valid Search and Seizures
Without Search Warrant
• 1. Search Made Incidental to a Valid Arrest
• A person lawfully arrested may be searched
for dangerous weapons or anything which may be
used, or which may constitute proof in the
commission of an offense, without a search warrant
(Rule 126, sec. 13).

• The warrantless search and seizure as an incident to

a lawful arrest may extend beyond the person of the
arrested to include the premises or surroundings
under his/her immediate control ( POP Manual,
2021, Section 2.7.I)
• 2. Search of Moving Vehicles
• If the police officers will conduct the search have
reasonable or probable cause to believe, before
the search, that either the motorist is a law
offender or they will find the instrumentality or
evidence pertaining to a crime in the vehicle to be
searched, the vehicle may be stopped and
subjected to an extensive search (POP Manual,
2021, Section 2.7.I)

3. Seizure of Evidence in Plain View

• Any object in the plain view is subject to seizure
and may be introduced as evidence. (POP Manual,
2021, Section 2.7.I)
PNP INVESTIGATION
OPERATIONS

• The crime scene investigation starts from the

arrival of the PNP First Responders (FRs) to
arrival of the Duty Investigator/OIC and the
SOCO-LS Team until the lifting of the security
cordon and release of the crime scene ( Standard
Operating Procedure No. ODIDM-2011-008’’
Conduct of Crime Scene Investigation).
Specific Functions, Responsibilities and Procedures
in a Crime Scene Investigation (POP Manual, 2021,
Sec. 6.1.a):
• 1. First Responders
• Assess whether the situation still poses imminent danger
and call for backup if necessary;
• Immediately conduct a preliminary evaluation of the crime
scene;
• Promptly inform the immediate commander on any
updates of the situation;
• Save and preserve live by giving the necessary first-aid
measures to the injured and their medical evacuation as
necessary.
• Secure and preserve the crime scene by cordoning off the
area
• Take the dying declaration or statement of severely injured
person/s.
• Make initial assessment on whether a crime has
actually been committed and shall conduct the
preliminary interview of persons of interest and
witnesses to determine what and how the crime
was committed;
• Arrest the suspect if present in the area; and
• Turnover the crime scene to the duty
investigator/IOC upon his/her arrival after he/she
has been briefed of the situation.
• 2. Investigator-On-Case (OIC)
• Make a thorough assessment of the crime scene
based on the briefing of the FR;
• Assume full control and responsibility over the
crime scene and conduct inquiry into the incident
• Present the written Request for the Conduct of
SOCO to the SOCO TL; and
• Brief the SOCO TL upon their arrival at the crime
scene and jointly conduct the preliminary crime
survey.
• 3. SOCO-Scene of Crime Operations
• Respond only upon the request through the
Operation Center and after the IOC has already
made the proper assessment of the crime
scene.
• Conduct SOCO upon receipt of the request
from the concerned police unit;
• Turn over the crime scene to the IOC/COP for
security of the area, in case the SOCO team
temporarily suspends the processing. The COP
shall be primarily responsible and accountable
for securing the crime scene and ensuring its
integrity until the return of SOCO Team and the
conclusion of the CSI;
• Perform the final crime scene survey
together with IOC and thereafter provide the
IOC the initial results of the crime scene
processing; and
• Accomplish the Inventory of Evidence
Collected Form and furnish the IOC of copies
of the same before leaving the crime scene.
• Legal Officer
• Decide through searching questions to
the COP if the crime reported falls within
the definitions of Sensational Crime or
Serious Election Related Incident (ERI)
under PNP MC 2013-004
• Go to the crime scene involving
Sensational Crime and Serious ERI and
ensure that the applicable laws, rules and
regulations during the CSI are observed.
Rule 110 of the Rules of Court – According to Rule 110 of
the The Revise Rules of Criminal Procedure (2000),
criminal actions shall be instituted as follows (Rule 110,
Section 1):

• For offenses where a preliminary investigation is

required pursuant to Section 1 of Rule 112, by filing
the complaint with the proper officer for the
purpose of conducting the requisite preliminary
investigation.
• For all other offenses, by filing the complaint or
information directly with the Municipal Trial Courts
and Municipal Circuit Trial Courts, or the complaint
with the office of the prosecutor. In manila and
other chartered cities, the complaint shall be filed
with the office of the prosecutor unless otherwise
provided in their charters.
Preliminary Investigation
• Is an inquiry or proceeding to determine
whether there is sufficient ground to
engender a well-founded belief that a
crime has been committed and the
respondent is probably guilty thereof,
and should be held for trial
Section 1 of Rule 112
• A preliminary investigation is required
to be conducted before the filing of a
complaint or information for an
offense where the penalty prescribed
by law is at least four (4) years, two (2)
months and one (1) day without regard
the fine.
Complaint
• Is a sworn written statement charging
a person with an offense, subscribed
by the offended party, any peace
officer, or other public officer charged
with the enforcement of the law
violated.
Information
• Is an accusation in writing
charging a person with an offense,
subscribed by the prosecutor and
filed with the court.
Components of Sufficient Complaint or
Information

• Name of the Accused The

–
complaint or information must state
the name and surname of the accused
or any appellation or nickname by
which he has been or is known. If his
name cannot be ascertained, he must
be described under a fictitious name
with a statement that his true name is
unknown (Rule 110, Section 7)
• Designation of the Offense –
The complaint or information shall state the
designation of the offense given by the
statute, aver the acts or omission constituting
the offense, and specify its qualifying and
aggravating circumstances. If there is no
designation of the offense, reference shall be
made to the section or subsection of the
statute punishing it (Rule 110, Section 8).
• Cause of the Accusation – The acts or
omission complained of as constituting the
offense and the qualifying and aggravating
circumstances must be stated in ordinary and
concise language and not necessarily in the
language used in the statute but in terms
sufficient to enable a person of common
understanding to know what offense is being
charged as well as its qualifying and aggravating
circumstances and for the court to pronounce
judgement (Rule 110, Section 9).
• Place of Commission of the
Offense – The complaint or information is
sufficient if it can be understood from its
allegation that the offense was committed or
some of the essential ingredients occurred at
some place within the jurisdiction of the
court unless the particular place where it was
committed constitutes essential element of
the offense or is necessary for its
identification. (Rule 110, Section 10).
• Date of Commission of the
Offense – It is not necessary to state in the
complaint or information the precise date the
offense was committed except when it is
material ingredient of the offense. The
offense may be alleged to have been
committed on a date as near as possible to
the actual date of its commission (Rule 110,
Section 11).
• Name of the Offended Party – The
complaint or information must state the
name and surname of the person against
whom or against whose property the
offense was committed, or any appellation
or nickname by which such person has
been or is known. If there is no better way
of identifying him, he must be described
under a fictitious name (Rule 110, Section
12).
Custodial Investigation
• Is 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 (RA 7438,
1992, Section 2).
What is RA 7438 of 1992?
• The Republic Act 7438 (1992) is an act
defining certain rights of persons arrested,
detained or under custodial investigation, as
well as the duties of arresting, detaining, and
investigating officers. It is in congruence with
the policy of valuing the dignity of every
human being and guaranteeing full respect
for human rights ( RA 7438, 1992, Section 1).
Rights of Person Arrested, Detained or Under
Custodial Investigation ( rights under RA
7438 and RA 9745)
• 1. He/she has the right to remain silent. If he/she waives
his/her right to remain silent, anything he/she says can
be used in evidence against him/her in court;
• 2. He/she has the right to counsel of his/her own choice.
If he/she cannot afford one, he/she shall be provided
with an independent and competent counsel;
• 3. He/she has the right to demand physical examination
by an independent and competent doctor of his/her own
choice, before and after interview/questioning. If the
person arrested is a female, she shall be attended to
preferably by a female doctor. If he/she cannot afford
one, he/she shall be provided with a competent and
independent doctor to conduct physical examination
Rights of Person Arrested, Detained or
Under Custodial Investigation ( rights
under RA 7438 and RA 9745)

• 4. The state shall endeavor to provide

him/her with psychological evaluation if
available under circumstances (RA 9745,
2009, Section 12);
• 5. He/she, including his/her immediate
family, have the right to immediate access to
proper an adequate medical treatment;
• 6. He/she has the right to be informed of
such rights.