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ILK TEACHING MATERIAL (TOPIC 5)

INTERNAL SECURITY OPERATIONS

Florendo, A.M. (2011). Police Planning and Operations with Master Plans and Procedures. Wiseman’s Books
Trading, Inc. Quezon City, Philippines.
PNP. (2013). Revised Philippine National Police Operational Procedures. Directorate for Operations. Quezon City.

1. General Mandate
The PNP is mandated to provide active support to the Armed Forces of the Philippines (AFP) in Internal
Security Operations (ISO) for the suppression of the Communist Terrorist Movement (CTM) and other serious
threats to national security.(Executive Order No. 546 series of 2006 “Directing the Philippine National Police to
Undertake Active Support to the Armed Forces of the Philippines in Internal Security Operations for the
Suppression of Insurgency and Other Serious Threats to National Security, Amending Certain Provisions of
Executive Order No. 110 series of 1999 and for Other Purposes”)

2. The PNP in an Active Support Role

The PNP shall perform the following:

a. Conduct sustained law enforcement actions against CTM atrocities;
b. In urban areas, the PNP may assume the lead role in ISO against the CTM, other threat groups and organized
crime groups engaged in armed offensives;
c. The PNP units may either operate as a single force or as a part of joint PNP-AFP combat operations. In both
cases, lateral coordination is a must;
d. The PNP units in CTM-affected areas may be placed under Operational Control (OPCON) of AFP units but shall
continue to perform law enforcement functions.
e. Specific areas where armed confrontations such as encounter, ambush, raid, liquidation and other similar
atrocities occur between government forces (PNP or AFP) and the Communist Terrorists (CTs) shall be treated
as a crime scene. The police unit that has jurisdiction over the areas shall conduct the Crime Scene
Investigation (CSI).

3. Defensive Position
(1) Police Stations, especially those located in far-flung areas, are priority targets of attacks. As such, security
measures against CT atrocities must be undertaken as follows:
a. Continuously remind all PNP personnel to be extra vigilant and security conscious in their day-to-day
activities and during troop movements.
b. Duty station guards shall memorize, internalize and put into practice the 11 General Orders of a Duty
Guard. (Annex “Z”) Likewise, they shall always carry their issued long firearms and ammunition
rig/bandoliers with basic load.
c. Vigorously implement added security measures in all Police Stations and Police Community Precincts.
d. Conduct sustained inspection of the operational readiness of PNP field units/stations.
e. Always keep in mind the modus operandi, strategies and tactics being practiced/employed by the CTM
and other threat groups.
f. Enhance the establishment of Advance Security Control Points (ASCPs) to control the ingress (entry) and
egress (exit) of people in Police Stations.
g. One of the strategies and tactics employed by CTM and other threats groups to gain access to police
stations is by wearing of PNP/AFP uniforms and that of other LEAs, hence, personnel assigned in the
advance security control points shall not allow entry of uniformed groups or any individuals without prior
coordination.
(2) Exercise sustained vigilance and maintenance of law, order and public safety in respective AOR through the
intensified conduct of police visibility patrols.
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(3) Carry out Police Community Relation (PCR)/ Barangay Peacekeeping Operations (BPO) activities in areas that
are prone to influence, infiltration and infestation of CTM fronts organization.

ARREST

• Arrest - is the taking of a person into custody in order that he may be bound to answer for the commission of an
offense.
• Arrest; How Made. — An arrest is made by an actual restraint of a person to be arrested, or by his submission to
the custody of the person making the arrest.
No violence or unnecessary force shall be used in making an arrest. The person arrested shall not be subject to a
greater restraint than is necessary for his detention.
• Duty of arresting officer. — It shall be the duty of the officer executing the warrant to arrest the accused and to
deliver him to the nearest police station or jail without unnecessary delay.
• Execution of warrant. — The head of the office to whom the warrant of arrest was delivered for execution shall
cause the warrant to be executed within ten (10) days from its receipt. Within ten (10) days after the expiration
of the period, the officer to whom it was assigned for execution shall make a report to the judge who issued the
warrant. In case of his failure to execute the warrant, he shall state the reasons therefor.

1. General Guidelines
a. All arrests should be made only on the basis of a valid Warrant of Arrest issued by a competent authority,
except in instances where the law allows warrantless arrest.
b. No violence or unnecessary force shall be used in making an arrest, and the person to be arrested shall not be
subjected to any greater restraint than what is necessary under the circumstances.
c. As a general rule, arrests can be made on any day of the week and at any time of the day or night.
d. Only judges are authorized to issue Warrants of Arrest.
e. A Warrant of Arrest is no longer needed if the accused is already under detention. An Order of Commitment
is issued by the judge in lieu of the Warrant of Arrest.
f. The following are immune from arrest:
(1) A Senator or Member of the House of the Representatives while Congress is in session for an offense
punishable by not more than six years of imprisonment; and
(2) Diplomatic Agents, Under the Vienna Convention on Diplomatic Relations.

2. Warrant of Arrest
The warrant of arrest is the written authority of the arresting officer when making an arrest or taking of a
person into custody in order that he may be bound to answer for the commission of an offense.

The head of the office to whom the warrant of arrest has been delivered for implementation shall cause
the warrant to be implemented within ten (10) days from receipt. Within ten (10) days after the expiration of such
period, the police officer to whom it was assigned for implementation shall make a report to the judge who issued
the warrant and in case of his failure to implement the same, shall state the reasons thereof.

3. Arrests Without a Warrant

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

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

4. Authority of the Arresting Officer when Making an Arrest

a. Police officer may summon assistance – A police officer making a lawful arrest may verbally summon as many
persons as he deems necessary to assist him in effecting the arrest.
b. Right of a police officer to break into building or enclosure – A police officer in order to make an arrest, with
or without warrant, may break into a building or enclosure where the person to be arrested is or is reasonably
believed to be, if he is refused admittance thereto after announcing his authority and purpose.
c. Right to break out from building or enclosure – Whenever a police officer has entered the building or enclosure
to make an arrest, he may break out there from, when necessary, to liberate himself.
d. Arrest after escape or rescue – If a person lawfully arrested escapes or is rescued, any person may immediately
pursue to retake him without a warrant at anytime and in any place within the Philippines.

5. Procedures

a. Serving of Warrant of Arrest

(1) Verify the validity of the warrant and request for an authenticated copy from the issuing court;
(2) In serving the warrant, the police officer should introduce himself and show proper identification;
(3) Make a manifestation of authority against the person to be arrested;
(4) If refused entry, the police officer may break into any residence, office, building, and other structure
where the person to be arrested is in or is reasonably believed to be in, after announcing his purpose;
(5) The police officer need not have a copy of the warrant in his possession at the time of the arrest. If the
person arrested so requires, the warrant shall be shown to the arrested person as soon as possible;
(6) Secure the person to be arrested and use handcuffs for the protection of the arresting officer, other
individuals or the arrested person himself;
(7) Conduct thorough search for weapons and other illegal materials on the person arrested and surroundings
within his immediate control;
(8) Inform the person to be arrested of his rights under the law (i.e. Miranda Warning and Anti-torture
Warning);
(9) No unnecessary force shall be used in making an arrest;
(10)Confiscated evidence shall be properly documented with the chain of custody of evidence duly and clearly
established;
(11)Bring the arrested person to the Police Station for documentation;
(12)Make a Return of Warrant to the court of origin (Annex “B” - Return of Warrant Form); and
(13)Deliver the arrested person to jail/prison upon the issuance of a commitment order of the court.

b. Effecting Warrantless Arrest

(1) Freeze or restrain the suspect/s;
(2) Make proper introduction as to identity and authority to arrest;
(3) Inform the arrested person of the circumstances of his arrest and recite the Miranda Warning and
Antitorture Warning to him;
(4) Secure the person to be arrested and use handcuffs for the protection of the arresting officer, other
individuals or the arrested person himself;
(5) Conduct thorough search for weapons and other illegal materials on the person arrested and surroundings
within his immediate control;
(6) Confiscated evidence shall be properly documented with the chain of custody of evidence duly and clearly
established;
(7) No unnecessary force shall be used in making an arrest; and
(8) Bring the arrested person to the Police Station for further investigation and disposition.
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6. Duties of the Arresting Officer

a. It shall be the duty of the police officer implementing the Warrant of Arrest to deliver the arrested person
without delay to the nearest Police Station or jail to record the fact of the arrest;
b. At the time of the arrest, it shall be the duty of the arresting officer to inform the person arrested of the cause
of the arrest and the fact that a warrant had been issued for his arrest. The arresting officer need not have
the warrant in his possession at the time of the arrest but after the arrest, if the person arrested so requires,
the warrant shall be shown to him as soon as possible;
c. When women or children are among the arrested suspect/s, the arresting officer shall task the Women’s and
Children’s Protection Desks (WCPD) officer or a policewoman who is familiar with women and children
protection desk duties to conduct the pat-down search;
d. In case of arrest without a warrant, it shall be the duty of the arresting officer to inform the person to be
arrested of his authority and the cause of the arrest except when he flees or forcibly resists before the
arresting officer has the opportunity to inform him or when the giving of such information will imperil the
arrest;
e. The person arrested, with or without warrant, shall be informed of his constitutional right to remain silent
and that any statement he makes could be used against him. Also, that he has the right to communicate with
his lawyer or his immediate family and the right to physical examination;
f. A person arrested without a warrant shall be immediately brought to the proper Police Station for
investigation without unnecessary delay. He shall be subjected to inquest proceedings within the time
prescribed in Article 125 of the Revised Penal Code (RPC);
g. No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used
against an arrested person. The bringing of arrested persons to secret detention places, solitary confinement
and the like is prohibited;
h. If the person arrested without a warrant waives his right under the provisions of Art 125 of the Revised Penal
Code, the arresting officer shall ensure that the former signs a waiver of detention in the presence of his
counsel of choice; and
i. If the person arrested waives his right against self-incrimination and chooses to give his statement, the
arresting officer shall ensure that the waiver is made in writing and signed by the person arrested in the
presence of a counsel of his own choice or a competent and independent counsel provided by the
government.

7. Physical Examination of Arrested Person/Suspect

Before interrogation, the person arrested shall have the right to be informed of his right to demand
physical examination by an independent and competent doctor of his own choice. If he cannot afford the services
of a doctor of his own choice, he shall be provided by the State with a competent and independent doctor to
conduct physical examination. If the person arrested is female, she shall be attended to preferably by a female
doctor.
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ILK TEACHING MATERIAL (TOPIC 6)

SEARCH AND SEIZURE

Florendo, A.M. (2011). Police Planning and Operations with Master Plans and Procedures. Wiseman’s Books
Trading, Inc. Quezon City, Philippines.
PNP. (2013). Revised Philippine National Police Operational Procedures. Directorate for Operations. Quezon City.

Definition of Terms:

• 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 investigated in connection with an
offense.
• Detention – a restraint of personal liberty or deprivation of freedom of action in any significant manner.
• Detention Officer – a Police Commission Officer (PCO) or Police Non-Commission Officer (PNCO) directly
responsible for the administration and management of the detention facility and the detainees housed therein.
• Detention/Custodial Center – an institution secured by the PNP Units concerned for the purpose of providing
short term custody of detention prisoner thereby affording his safety and preventing escape while awaiting the
court’s disposition of the case or transfer to appropriate penal institution.
• Search - Means to go over or look through for the purpose of finding something.
• Search Warrant - Refers to 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.
• Seize - To put in legal possession.

1. Requisites for the Issuance of Search Warrant

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

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

(1) Properties which are the subject of the offense;
(2) Stolen, embezzled proceeds, or fruits of the offense; and
(3) Objects including weapons, equipment, and other items used or intended to be used as the means of
committing an offense.
b. Objects that are illegal per se, even if not particularly described in the search warrant, may be seized under
the plain view doctrine.

2. Validity of Search Warrant

a. The warrant shall be valid for ten (10) days from date of issuance and may be served at any day within the
said period. Thereafter, it shall be void.
b. If, in the implementation of the search warrant, its object or purpose cannot be accomplished in one day, the
search can be continued the following day, or days, until completed, provided it is still within the ten (10)- day
validity period of the search warrant.
c. If the object or purpose of the search warrant cannot be accomplished within the ten (10)-day validity period,
the responsible police officer conducting the search must fi le, before the issuing court, an application for the
extension of the validity period of said search warrant.

3. Time of Search
The warrant should be served during daytime, unless there is a provision in the warrant allowing service
at any time of the day or night.
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4. Applications for Search Warrant

All applications for Search Warrant shall be approved for fi ling by the Chief of Office. The application shall indicate
the following data:
a. Office applying for the Search Warrant;
b. Name of officer-applicant;
c. Name of the subject, if known;
d. Address/place(s) to be searched;
e. Specific statement of things/articles to be seized; and
f. Sketch of the place to be searched. All approved applications shall be recorded in a log book, duly maintained
for the purpose, indicating the name of the applicant, name of the respondent, nature of the offense, and
date of the application. (Annexes “C”, “C-1” and “C-2”)

5. Authority of Police Officers when Conducting Search

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

6. Prohibited Acts in the Conduct of Search by Virtue of a Search Warrant

a. Houses, rooms, or other premises shall not be searched except in the presence of the lawful occupant thereof
or any member of his family or, in the absence of the latter, in the presence of two (2) witnesses of sufficient
age and discretion residing in the same locality.
b. Lawful personal properties, papers, and other valuables not specifically indicated or particularly described in
the search warrant shall not be taken.

7. Inventory and Delivery of Property Seized

a. The police officer who confiscates property under the warrant shall issue a detailed receipt of property seized
to the lawful occupant of the premises, or in the absence of such occupant, shall do so in the presence of at
least two (2) witnesses of sufficient age and discretion residing in the same locality;
b. The receipt shall likewise include items seized under the Plain View Doctrine;
c. The police officer must then leave a receipt in the place in which he found the seized property and a duplicate
copy thereof with any barangay official having jurisdiction over the place searched (Annexes “D” and “D-1”);
and
d. The police officer must forthwith deliver the property seized to the judge who issued the warrant, together
with an inventory thereof, duly verified under oath. (Annexes “E” and “E-1”)

8. Valid Search and Seizures Without Search Warrant

a. Search made incidental to a valid arrest

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

b. Search of moving vehicles

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

c. Seizure of evidence in plain view

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Any object in the plain view is subject to seizure and may be introduced as evidence. Requirements
under the Plain View Doctrine are:
(1) The police officer must have prior justification for an intrusion or, otherwise, must be in a position from
which he can view a particular area;
(2) The discovery of the evidence in plain view is unintentional; or
(3) It is immediately apparent to the police officer that the item he observes may be evidence of a crime,
contraband, or is a valid subject of seizure.

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

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

e. Searches Under Stop and Frisk Rule

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

f. Emergency and Exigent Circumstances

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

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

CUSTODIAL INVESTIGATION

Republic Act 7438 - 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

Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of Public Officers. –

(a) Any person arrested detained or under custodial investigation shall at all times be assisted by counsel.
(b) 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.
(c) 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, otherwise, such investigation report shall be
null and void and of no effect whatsoever.
(d) 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 counsel or 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.
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(e) 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.
(f) 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.

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.

Assisting Counsel. – Assisting counsel is any lawyer, except those directly affected by the case, those charged with
conducting preliminary investigation or those charged with the prosecution of crimes.

1. Duties of the Police During Custodial Investigation

a. The arresting officer, or the investigator, as the case may be, shall ensure that a person arrested, detained or
under custodial investigation shall, at all times, be assisted by counsel, preferably of his own choice;
b. 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:
(1) That he has the right to remain silent;
(2) That if he waives his right to remain silent, anything he says can be used in evidence against him in
court;
(3) That he has the right to counsel of his own choice;
(4) That, if he cannot afford one, he shall be provided with an independent and competent counsel; and
(5) That he has the right to be informed of such rights.
c. If the person arrested, detained, or under custodial investigation has opted to give a sworn statement, the
arresting officer, or the investigator, as the case may be, must reduce it in writing (Annex “P”- Sworn
Statement);
d. The arresting officer must ensure that, before the sworn statement is signed, or thumb-marked if there is
inability to read and to write, the document shall be read and adequately explained to the person arrested,
detained or under custodial investigation by his counsel of choice, or by the assisting counsel provided to him,
in the language or dialect known to him;
e. The arresting officer, or the investigator, as the case may be, must ensure that any extrajudicial confession
made by a person arrested, detained or under custodial investigation shall be:
(1) In writing;
(2) Signed by such person in the presence of his counsel; or
(3) 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, priest, imam or
religious minister chosen by him.

Failure of the arresting officer, or the investigator, to observe the above-mentioned procedures shall
render the extrajudicial confession inadmissible as evidence in any proceeding;

f. The arresting officer, or the investigator, as the case may be, must, under established regulations, allow the
person arrested, detained, or under custodial investigation visits by or conferences with any member of his
immediate family, any medical doctor, priest, imam or religious minister chosen by him or by any member of
his immediate family or by his counsel, or by any local Non-Governmental Organization (NGO) duly accredited
by the Commission on Human Rights (CHR) or by any international NGO duly accredited by the Office of the
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President. His “immediate family” shall include his spouse, parent or child, brother or sister, grandparent or
grandchild, uncle or aunt, nephew or niece, guardian or ward, and fiancé or fiancée; and
g. After interrogation, the person under custodial investigation shall have the right to be informed of his right to
demand physical examination by an independent and competent doctor of his own choice. If he cannot afford
the services of a doctor of his own choice, he shall be provided by the State with a competent and independent
doctor to conduct physical examination. If the person arrested is female, she shall be attended to preferably
by a female doctor.
The physical examination of the person under custodial investigation shall be contained in a medical
report, which shall be attached to the custodial investigation report.

2. Detention
The following are the policies and procedures in the admission, visitation, transfer and release of detainees:

a. Admission
The following can be detained/admitted in the PNP Detention/Custodial Center:
(1) Any person arrested due to the commission of a crime/s;
(2) Arrested suspects covered by a Commitment Order; and
(3) Arrested suspects who are under custodial investigation. However, under no circumstances should the
arrested suspects under custodial investigation be held in the detention center beyond the prescribed
reglementary period, unless, while in custody, appropriate charges have been fi led and a Commitment
Order has been issued by the court concerned or he signed the required waiver of the rights under the
provisions of Article 125 of the RPC.

b. Requirements for Admission

Prior to the admission of arrested suspect, the following mandatory requirements shall be submitted to the
Chief, Detention/Custodial Center:
(1) Request for Custody of the arresting unit or the Commitment Order from the Court;
(2) Proof of medical examination or medical certificate of the detainee to be provided by the arresting unit
requesting for custody; and
(3) Case folder of the detainee containing the accomplished booking sheet for the arrested suspect and the
Information fi led with the Prosecutor’s Office.

c. Segregation of Detainees
As much as practicable, detainees must be segregated according to gender and to the classification of
crimes committed.

d. Visitation
Any person arrested and detained at the PNP Detention/Custodial Center 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 local NGO duly accredited
by the CHR or by any international NGO duly accredited by the Office of the President, subject to the following
conditions:
(1) The Chief, Detention/Custodial Center or his duly authorized representative is authorized to apportion
the number of visitors per detainee at any given time as the space of the visitor’s area may allow.
(2) With respect to detainee’s family members, public and/or pertinent document must be presented to
prove their relationship with the detainee.
(3) Visitors wearing the color of the detainee’s uniform shall be advised to wear other colors.
(4) The Custodial Center, an informal and temporary penal facility for arrested suspects, shall not allow
conjugal visits for detention prisoners.
(5) The counsel of the accused has the right to visit the latter subject to the existing security rules and
regulation of the Center.
(6) No camera, video equipment, cellular phone and similar devices are allowed inside the visiting area.
(7) All visitors shall be frisked for deadly weapons, fi rearms and other prohibited items.
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e. Transfer of Custody
(1) Upon receipt of the Commitment Order from the court, the Chief, Detention/Custodial Center shall
personally coordinate with the issuing court to ascertain the validity of the order;
(2) Upon confirmation, the Chief, Detention/Custodial Center must coordinate with the receiving
detention facility for the immediate transfer of custody; and
(3) Prior to the transfer of custody, the arrested person shall be subjected to medical examination by a
PNP medico-legal officer or any government physician in the absence of PNP medico-legal officer.
Medical examination is mandatory before any transfer of custody of arrested person.

f. Release
(1) The Chief of Office shall be the sole approving authority in releasing detention prisoner.
(2) Upon receipt of the Release Order from the court, the Chief, Detention/Custodial Center shall
personally coordinate with the issuing court to ascertain the validity of the order.
(3) Upon confirmation, the Chief, Detention/Custodial Center must coordinate with the arresting unit if
there are other legal impediments to the release.
(4) The Chief, Detention/Custodial Center shall likewise check the Directorate for Investigation and
Detective Management (DIDM)’s Arrest and Warrant Registry to determine if the detainee to be
released has other pending warrants of arrest.
(5) Granting that all documents are legally in order, the Chief, Detention/Custodial Center shall prepare
the memorandum addressed to the Chief of Office for the approval of the release.
(6) If there are valid grounds to sustain further detention, the Chief of Office in coordination with the
arresting unit, will prepare the appropriate manifestation to the court containing therein the ground/s
for objection.
(7) Prior to the official release of the detainee, the Chief, Detention/Custodial Center must bring the
detainee to the Office of the PNP Health Service or Rural Health Unit for medical examination, which
shall form part of the records/case folder of the subject detainee.
(8) The Property or Evidence Custodian Officer shall be responsible for the custody of all the properties
seized from the detainee prior to his detention. The former shall release the same to the detainee
immediately upon his discharge from detention.

3. Transporting Detention Prisoner

a. If transported by a patrol jeep, the subject must be seated on the right rear seat and a PNP escort shall sit at
the rear on the left side facing the subject. Hands of the subject should be secured by handcuffs under his
knees.
b. If transported by a patrol car, subject must be seated on the right rear seat and the PNP escort personnel shall
sit on the left rear seat. Hands of the subject should be secured by handcuffs under his knees.
c. In no case shall a Detention Prisoner be transported using public utility land vehicles that are not exclusively
utilized for the purpose.
d. In no case shall a high-risk Detention Prisoner be transported without proper escort and handcuffs.
e. Female detainees shall be transported in handcuffs, preferably aided by a police woman.
f. In no case shall a Detention Prisoner be allowed out of the Detention Cell without proper escort.
g. Transport and escort of Detention Prisoner shall be limited only from the detention cell to the proper office
for inquest, or court for hearing, or to the nearest hospital/ clinic in case of the mandatory medical
examination prior to detention or during actual medical emergency, or in court-permitted transport.
h. In no case shall a Detention Prisoner be allowed travel and escort outside the detention cell to places devoted
for recreation, worship, entertainment, meals and dining and others of similar and analogous description,
unless upon lawful orders of the court.
i. Detention Prisoners shall as much as possible be transported wearing detention prisoner uniform or proper
attire that may identify them as a detention prisoner.
 Page 11 of 15

ILK TEACHING MATERIAL (TOPIC 7)

CIVIL DISTURBANCE MANAGEMENT OPERATIONS

Florendo, A.M. (2011). Police Planning and Operations with Master Plans and Procedures. Wiseman’s Books
Trading, Inc. Quezon City, Philippines.
PNP. (2013). Revised Philippine National Police Operational Procedures. Directorate for Operations. Quezon City.

1. General Guidelines
The PNP units tasked to maintain peace and order shall not interfere with the holding of public assembly.
To ensure public safety, a Civil Disturbance Management (CDM) contingent under the command of a Police
Commissioned Officer (PCO) with the rank of Police Senior Inspector or higher shall be detailed and stationed at
least 100 meters away from the place where the public assembly is being held. In the absence of any permit from
the LGU concerned, the PCO in command should exert effort in persuading the demonstrators to disperse
peacefully and vacate the public place.
In lightning rallies or demonstrations, the Ground Commander shall exhaust efforts through dialogue with
the leaders/organizers for voluntary dispersal. In case of failure, orderly dispersal to include apprehension of those
responsible is resorted to.

2. Specific Guidelines
When assistance is requested by the leaders/organizers, it shall be imperative for the CDM contingent to
perform their duties while observing the rights of demonstrators. Further, the members of the CDM contingent
dealing with the demonstrators shall be in prescribed uniform.

a. The CDM contingent shall not carry any kind of fi rearms but may be equipped with baton or riot sticks, crash
helmets with visor, gas masks, boots or ankle-high shoes with shin guards.
b. Tear gas, smoke grenades, water cannons, or any similar anti-riot device shall not be used unless the public
assembly is attended by actual violence or serious threats of violence, or deliberate destruction of property.
Maximum tolerance shall always be observed.
c. The organization and membership of CDM contingents, as well as their deployment and employment, shall
be in accordance with existing PNP rules and regulations.

3. CDM Operational Tasks

a. Isolate the area;
b. Secure likely targets;
c. Control crowds;
d. Establish area control; and
e. Neutralize special threats.

4. CDM Operational Approaches

a. The commitment of a CDM contingent must be viewed as a last resort. Their role, therefore, should never be
greater than what is necessary under the circumstances. This does not mean though that the number of troops
employed should be minimized. Doubts concerning the number of troops required should normally be
resolved in favor of deployment of large number since the presence of such large number may prevent the
development of situations in which the use of excessive force would be necessary. A large reserve of troops
should be maintained during civil disturbance operations.
b. In selecting an operational approach to a civil disturbance situation, the Ground Commander and his
personnel must adhere to the “minimum necessary force” principle.
c. Efforts should be exerted to create the image of a restrained and well-disciplined force, the sole purpose of
which is to assist in the restoration of law and order. Further, while CDM contingent should be visible, any
activity which might excite rather than calm should be avoided when possible.
 Page 12 of 15

d. Consistent with the controlling principle “that he must use the minimum necessary force to accomplish his
mission”, the Ground Commander shall equip the CDM contingent only with rattan stick/truncheon/baton,
shield, Kevlar helmet and handcuffs.
e. In situations requiring the use of baton/ truncheons should only target fleshy part of the body such as arms,
torso, legs, and thighs. Hitting protesters with the baton or truncheon on the head, face, neck, shoulders
blades, elbows, fingers, groins, knees, and ankles must be avoided since strikes to these part may cause serious
to permanent injuries, or even death.
f. Protesters that are arrested must be properly restrained/handcuffed using scientific control methods; and
thereafter, brought safely to the police station for processing. Arrested protesters must not be kicked,
punched, or dragged by hair or feet.
g. Whenever appropriate, deploy properly trained and equipped female CDM personnel as front-liners.

HOSTAGE SITUATION/BARRICADED SITUATIONS

1. Procedure to be followed in a Hostage Situation The following steps shall be undertaken:

a. A Critical Incident Management Committee shall be activated immediately; (PNP Standard Operating
Procedure No. ODO-2010-003 “Organization and Procedures of Critical Incident Management Committee and
Critical Incident Management Task Group)
b. Incident scene shall be secured and isolated;
c. Identify and secure the stronghold;
d. As much as possible, ensure the control of communication lines, and cut-off all other lines as well as electricity
and water supply to allow for more bargaining;
e. Unauthorized persons shall not be allowed entry and exit to the incident scene;
f. Witnesses’ names, addresses, and other information shall be recorded;
g. Witnesses shall be directed to a safe location;
h. Evacuate all victims/injured persons immediately when the opportunity permits;
i. The arrest of the perpetrator shall be the last paramount concern; and
j. Conduct debriefing immediately after the conclusion of the incident.

2. Ground Commander/On-Scene Commander

There shall be only one Ground Commander/On-Scene Commander holding at least a senior rank and/or
one (1) with experience in hostage/crisis situation or relative training. Until such time that he officially designates
a spokesperson, he may issue appropriate press statements and continue to perform the role of the spokesperson.

3. Negotiators/Negotiation
Team Negotiators shall be designated by the Ground Commander. No one shall be allowed to talk to the
hostage taker without clearance from the negotiator or Ground Commander. The Negotiation Team is directly
under control and supervision of the On-Scene Commander.

Negotiation team structure will be as follows:

a. Negotiation Team Leader (NTL)/coordinator;
b. Primary Negotiator;
c. Secondary Negotiator;
d. Intelligence liaison/recorder; and
e. Board Negotiator.

4. Assault Team
An assault team shall be alerted for deployment in case the negotiation fails. Members of the assault team
shall wear authorized and easily recognizable uniform during the conduct of the operation.

5. Support Personnel
An ambulance with medical crew and a fi re truck shall be detailed at the incident area.
 Page 13 of 15

6. Plans
The On-Scene Commander shall, upon the assessment of the situation, prepare necessary plans to include
but not limited to:
a. Emergency Response Plan - depends on the threat posed by the hostage-takers and need of the
Negotiation Team and On-Scene Commander.
b. Breakout Plan - possibility of breakout shall be considered immediately upon drawing up negotiation
strategy. This should be considered as one of the priority plans.
c. Delivery plan - in case the hostage-takers change plans in the middle of the execution.
d. Surrender plan- should be drawn up in a way that the hostages’ lives will not be jeopardized.
e. Hostage Reception/ Release - for security reasons, released hostages should be contained and isolated.
f. Collection plan - safety of the police personnel involved is the priority consideration.

7. Coordination

Proper coordination with all participating elements shall be done to consolidate efforts in solving the crisis.

8. Safety of Hostage(s)

In negotiating for the release of a hostage, the safety of the hostage shall always be paramount.

9. Guidelines during Negotiations

a. Situation must be stabilized first and contained before the start of the negotiation;
b. All relevant tools and information that can strengthen a negotiator’s position and create a favorable climate
for a successful negotiation must be prepared e.g. facts relevant to the situation, financial and non-financial
terms, issues and concerns, etc;
c. Do not introduce outsiders (non-law enforcement officers) into the negotiation process, unless their presence
is extremely necessary in the solution of the crisis. If so introduced, they shall be properly advised on the do’s
and don’ts of hostage negotiations;
d. In case the negotiator breaks down or he/she finds himself/herself in a deadlock, it is recommended to employ
the service of a mediator.
e. Police officers without proper training shall not be allowed to participate in hostage negotiations.
f. Whatever the scale of an incident and the extent of resources deployed, it is essential that proper liaison exist
between Tactical/Assault Team, Technical Support Team and the Negotiation Team.
g. All activities on the scene, even the delivery of food to the stronghold, must have tactical coordination with
the NTL/Coordinator.

10. Negotiation through Mediator

a. The mediator will act as a referee, helping the negotiators resolve their differences.
b. The mediator must be well-versed about the issues in order to be able to eventually recommend an effective
solution.
c. The main object is to reconcile the object of the negotiator with that of the other party.
 Page 14 of 15

ILK TEACHING MATERIAL (TOPIC 8)

BOMB, BOMB THREAT AND BOMB INCIDENT EMERGENCY RESPONSE PROCEDURES

Florendo, A.M. (2011). Police Planning and Operations with Master Plans and Procedures. Wiseman’s Books
Trading, Inc. Quezon City, Philippines.
PNP. (2013). Revised Philippine National Police Operational Procedures. Directorate for Operations. Quezon City.

1. Bomb
A bomb is a container filled with explosive, incendiary material, smoke, gas, or other destructive
substance, designed to explode. It can appear obvious or concealed and can vary in size, shape or sophistication
and may not necessarily explode such as in the case of incendiary and dirty bombs. It may be referred to as
Improvised Explosives Device (IED) or ordnance.

2. Bomb Threat
Bomb threat is either a written or verbal threat communicated through electronic, oral or other means
that threatens to place or use an IED at a certain time, date, or place against any specific person or place. The First
Responder (FR), the police investigator, and the police detective must remember the following basic facts on bomb
threat:
a. A threat is considered only a threat until something visible is found;
b. Determined bombers do not frequently give warnings of a possible explosion/incendiary attack;
c. Threats are an excellent way to disrupt productivity without actually risking life, limb and/or property;
and
d. The consequences of conviction for “threatening” are not necessarily as serious as those that could result
from actual placement/initiation of a bomb.

3. First Responder’s Procedure on Bomb Threat

The following are the guidelines for FRs during a bomb threat:

a. Upon receipt of the information:

(1) Treat all threats as serious until proven otherwise;
(2) Determine the exact location of the establishment under threat;
(3) Assess or analyze the threat whether it is a long term or a short-term threat;
(4) Consider evacuation options as follows:
(a) Option 1 - Do Nothing
(b) Option 2 - Search with partial evacuation
(c) Option 3 - Search and evacuation
(d) Option 4 - Evacuate immediately

(5) Alert Explosives Ordnance Demolition Team (EODT) for bomb search mission and emergency readiness
before going to the crime scene;
(6) Proceed immediately to the scene; and
(7) Notify Higher Headquarters of any development.

b. Upon arrival at the scene:

(1) Confirm the reported bomb threat and notify EODT on the need to conduct a bomb sweep;
(2) Conduct or cause a search for suspicious device/s together with persons familiar with the location; and
(3) Unless a bomb is found, personnel may not order an evacuation of the affected area, but may inform the
person in-charge of the property of the need to evacuate. The following procedures shall be followed
during evacuation:
 Page 15 of 15

(a) Evacuation and assembly point routes must be searched to ensure that personnel are not
unnecessarily exposed to danger during the evacuation;
(b) Designate a “safe” assembly area, well away from the threatened structure, out of line-of-sight of the
building and well clear of windows. A minimum distance of 150 meters is recommended;
(c) Never assemble personnel in front of or directly below glassed areas;
(d) Advise employees and visitors to take their personal belongings to eliminate superfluous “suspicious
objects” and to reduce the number of items to be “checked out”;
(e) Select safe and climatically acceptable assembly areas where evacuees may wait for a considerable
period;
(f) Avoid car parks as assembly areas and be mindful of the car bomb potential;
(g) Install procedures to ensure that escape routes are clear. Evacuation routes and assembly areas must
be searched before evacuation;
(h) Install procedures to ensure windows and doors are left open and lights left on; and
(i) Include a procedure for machinery shutdown. This can include plant and equipment, electronics,
computer equipment, securing fi les and correspondence.

(4) If a suspected device is discovered, cause the evacuation of people in the affected area to a distance of at
least 300 meters away, and maintain security for the protection of life and property:
(a) Any discovered device shall be isolated;
(b) Do not touch, tamper with or disarm any suspected bomb or IED;
(c) Report discovery of suspected device;
(d) Do not permit radio transmission within the premises/building;
(e) Turn off all electricity and gas units within the premises/building;
(f) Secure the area and prevent people from approaching;
(g) Establish traffic control;
(h) Summon ambulance and fi re trucks to the scene;
(i) Await the arrival of bomb disposal team; and
(j) Notify Higher Headquarters of the situation.