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Terrorism and Transnational Crime

This document discusses economic crimes in the Philippines according to a PwC survey. The top economic crimes are asset misappropriation, bribery/corruption, and customer fraud. Asset misappropriation, a type of theft, affects about 26% of businesses. Bribery/corruption affected 21% of businesses in 2020. Customer fraud is increasing during the pandemic. The survey found that internal fraud is often committed by middle management who may have more opportunities than senior management or operational staff.

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0% found this document useful (0 votes)
135 views38 pages

Terrorism and Transnational Crime

This document discusses economic crimes in the Philippines according to a PwC survey. The top economic crimes are asset misappropriation, bribery/corruption, and customer fraud. Asset misappropriation, a type of theft, affects about 26% of businesses. Bribery/corruption affected 21% of businesses in 2020. Customer fraud is increasing during the pandemic. The survey found that internal fraud is often committed by middle management who may have more opportunities than senior management or operational staff.

Uploaded by

Jayson Gerona
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Transnational crimes are crimes that have actual or potential effect across national borders

and crimes that are intrastate but offend fundamental values of the international community.
Examples of transnational crimes include: human trafficking, people smuggling,
smuggling/trafficking of goods (such as arms trafficking and drug trafficking and illegal
animal and plant products and other goods prohibited on environmental grounds (e.g. banned
ozone depleting substances), sex slavery, terrorism offences, torture and apartheid.
Terrorism and Transnational Crime
Transnational crimes-such as human trafficking and cybercrime-transcend borders, including
the borders of the United States. ICITAP provides technical assistance and training that
improves the capacity of foreign governments to fight transnational crime and, in turn,
advances the U.S. National Security Strategy and other interests of the United States. This
includes programs that help other nations combat:
Terrorism
International drug trafficking
Organized crime
Commercial sexual exploitation of children
Human trafficking
Money laundering
Cybercrime
ICITAP's assistance is geared to the specific nature of organized crime in the host country
and its region. Training can cover infiltration, corruption, managing informants, witness
protection, electronic surveillance, undercover operations, and the use of task forces.
Programs
Here are a few examples of ICITAP's work in helping law enforcement institutions around
the globe combat transnational crime:
Organized Crime and Gangs
ICITAP provided forensics equipment to laboratories in Bulgaria—a major hub in the
"Balkan Route" for transport of narcotics from the Middle East—to help Bulgaria in its fight
against organized crime. In Tajikistan, ICITAP's work addresses the growing concern over
narcotics trafficking; in 2007, for example, the quantity of heroin seized by the Tajikistan
government—with assistance from the international community—made it one of the top
three countries in the world for narcotics seizures. In Colombia and Ukraine, ICITAP
provided computer forensics training to improve the collection of evidence from hard drives,
cells phones, and PDAs used in money-laundering operations.
Trafficking in Persons

In Indonesia, ICITAP, working with Justice Department's Civil Division, developed a


"points-of-origin" approach to improve the investigation and interdiction capacity of the
Indonesian police in human trafficking cases. The points of origin strategy—which focuses
on training police and victim advocate groups in areas where large numbers of victims are
recruited—has resulted in increased arrests and is a model for other Asian countries. In
Tanzania, ICITAP is working on a program that combats the trafficking of girls from rural
areas into cities for domestic servitude and commercial sexual exploitation and the
trafficking of boys to exploitative work on farms and in mines. ICITAP is working with
State Department's Office to Monitor and Combat Trafficking in Persons (G/TIP) to further
address this crime in Gambia, Gabon, Senegal, Nigeria, Uganda, and Madagascar.

Cybercrime

ICITAP helped the Indonesian police develop a cybercrime unit—including a cybercrime


forensic laboratory and a training center—that assisted in major terrorism investigations. In
partnership with other organizations, ICITAP helped introduce the Child Exploitation
Tracking System in Indonesia, the second country to use this online pedophile investigation
tool.

Intellectual Property Rights

After receiving ICITAP training in intellectual property rights, Indonesian detectives


investigated a pharmaceuticals manufacturing plant in Jakarta and seized millions of
counterfeit drug tablets. Also in Indonesia, ICITAP helped the Ministry of Industry
implement new optical disk regulations and offered technical assistance to the country's
special economic crimes unit, which—after receiving ICITAP training— conducted raids
that recovered large quantities of pirated software.

Counterterrorism

ICITAP works with key allies to combat terrorism, including assisting the FBI with the
Global Fingerprint Initiative. In Bosnia-Herzegovina, ICITAP has provided training to
counterterrorism investigators who have successfully applied the training in domestic
terrorism cases. In the Philippines, graduates of ICITAP's crime scene specialist course
began using their skills immediately to identify suspected terrorists.

Economic crime is usually confused with another term, corruption. There are different
definitions of what is corruption. Each definition illuminates different dimensions of the
phenomenon to be studied, influencing the analysis and prosecution tasks to be
implemented. A first definition focuses on public ethics. Here, corruption is defined as an
ethical confusion between public and private space. A second vision relates the problem of
corruption to the lack of transparency of the state, may that be it in the form of barriers to
access public information or the pinpoint hiring opportunities to certain companies in the
area of goods and services. However, there is a third definition, which is the one that we as
an organization promote: corruption is one of the many parts of a more complex and
more comprehensive criminal phenomenon, which is economic crime. Therefore, our
vision is not limited to crimes committed in the public sector, but also extends to those
perpetrated by economic actors in the private sector.

Thus, economic crime covers a wide range of offenses, from financial crimes committed
by banks, tax evasion, illicit capital heavens, money laundering, crimes committed by public
officials (like bribery, embezzlement, traffic of influences, etc.) among many others.

Economic crime is regarded to generate a considerable social damage. That’s because it


doesn’t only affect democratic institutions but also undermines the state treasure by cutting
available resources for the implementation of public policies. Those who are more
vulnerable are those who need these policies the most that is way they become one of the
main victims of corruption and economic crime. At the same time, the social damage
generated by this criminal activities is usually invisible: apart from the general indignation,
is rather complex to have a precise awareness about the true effects of these crimes.

Moreover, selective and inefficient prosecution of this type of crimes and those responsible,
evidence the structural impunity in our judicial system towards this criminal activity. Of
course, this is linked to the fact that economic crimes are often carried put by powerful
actors linked to political and economical power.

Economic crime is generated from a hidden power that defines the relationships between
economics and politics. Financial liberalization and market reforms undertaken in Argentina
in recent decades, left as a result a gradual process of institutional state capture by major
economic groups. This capture is now expressed in a powerful influence of these economic
actors in the decision making processes, the implementation of public policies and
distribution of economic and social resources.

Economic crimes refer to illegal acts committed by an individual or a group of individuals to


obtain a financial or professional advantage. In such crimes, the offender’s principal motive
is economic gain. Cyber crimes, tax evasion, robbery, selling of controlled substances, and
abuses of economic aid are all examples of economic crimes.
SITUATION

ASSET misappropriation, bribery and corruption, as well as customer fraud are among the
biggest economic crimes in the Philippines. This is according to Alex Tan, PwC Malaysia’s
partner for forensics services and risk consulting leader, who discussed “PwC’s Global
Economic Crime and Fraud Survey — The Philippine Report” during the Management
Association of the Philippines’ 5th online general membership meeting on Tuesday. “What
are the top frauds in the Philippines? Asset misappropriation, which is another word of
stealing the money. Bribery and corruption and then lastly customer fraud,“ he said.
According to the survey, asset misappropriation fraud continues to be the most disruptive to
Philippine businesses, with at least 26 percent or one out of four businesses having
experienced it since 2018. Meanwhile, bribery and corruption picked up again over the last
24 months to 21 percent in 2020 from 18 percent in 2018 but lower than 25 percent in 2016.
While Tan did not provide the survey results for customer fraud, he noted that this type of
fraud was increasing, especially during this Coronavirus disease 2019 (Covid-19) pandemic.
“That is fraud committed by your customers by you and it could also be in collusion with
your staff members or so forth,” Tan said. “And when we looked at what sort of level in the
organization committed the fraud for the Philippines, it was primarily middle management,”
he added. The survey pointed out that internal perpetrators are mostly from middle
management and to some extent, operations staff. It said “middle management, to a certain
degree, may have more fraud opportunities than both senior management and operational
staff. At the same time, the pressure coming from above and below can motivate them to
commit fraud.”

MAXIMUM TOLERANCE
"Maximum tolerance" means the highest degree of restraint that the military, police and
other peace keeping authorities shall observe during a public assembly or in the dispersal of
the same. 

SPECIAL RULES OF ENGAGEMENT ON ARREST


1. All arrests shall be effected pursuant to Rule 113 of the Rules on Criminal Procedure, as
amended.
2. Warrants of arrest shall remain effective until the accused/respondent is arrested or the
case against him is terminated. It shall cease to be effective upon release of the accused on
bail.
3. If the accused/respondent is not arrested within (10) days from receipt of the warrant of
arrest by the Office, unit or station concerned thru the service thereof, a report shall be
submitted to the Court of origin within ten (10) days following the expiration of the original
ten-day validity. In this case, only a Xerox copy of the warrant shall be attached to the report
and the originals shall be retained by the Office, unit or station whom it was delivered for
execution. The unexecuted original copy of the warrant may be xeroxed and furnished other
law enforcement agencies in the area where the accused/respondent may be found.
4.A peace officer OR A PRIVATE PERSON may arrest a person without a warrant when, in
his presence, the person to be arrested has committed, is actually committing or is attempting
to commit an offense; or he has personal knowledge of the facts indicating that the person to
be arrested had committed it or 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 to another.
In all of these instances, the arresting person shall observe strict compliance with the rules
on arrest, and with due regard to the dignity and right of the individual to be arrested. In
cases of CIVILIAN ARREST, the said arrest of any person without warrant shall be
disclosed to a barangay official or person of known integrity in the community, BEFORE he
is taken into custody. The person arrested without warrant shall FORTWITH be
DELIVERED to the nearest police station or jail and he shall be proceeded against in
accordance with the law.
5. In all instances of arrest, the arresting peace officer or private person shall inform the
person to be arrested of the intention to arrest him and cause for the arrest, unless the person
to be arrested is then engaged the commission of an offense or is pursued immediately after
its commission or after an escape or flees or forcibly resists before the officer or the person
making the arrest has the opportunity to inform him, or when the giving of such information
will imperil the arrest.
6. In the case of motorized suspects to be arrested, the siren/megaphone shall be used to
warn the occupants to park their vehicle and give up peacefully. The arresting officer shall
approach the person on foot with proper backup from his companions. The driver and other
suspects shall be requested to get out of the car with both hands visible to the apprehending
officer. If the situation warrants the arrest, the apprehended suspect shall be brought to the
police station for further investigation.

PNP RULES ON ENGAGEMENT

Rule 1: Police Blotter


Rule 2: Inter-Units Coordination
Rule 3: Basic requirements of police intervention operations
Rule 4: Warning by use of megaphones
Rule 5:  Warning shots
Rule 6:  Use of deadly force
Rule 7:  Reasonable force
Rule 8:  Moving vehicles
Rule 9: Things to be done after an armed confrontation
Rule 10: Jurisdictional investigation by the territorial unit concerned
Rule 11: Arrest
Rule 12: Search and seizures
Rule 13: Crime Scene Investigation
Rule 14: Undercover operations
Rule 15: Custodial investigation
Rule 16: Inquest procedures
Rule 17: Rules on labor disputes, rallies, demonstrations, and demolitions
Rule 18: Strikes, lockouts, and labor disputes
Rule 19: Demolition orders, injunctions, and other similar orders
Rule 20: Checkpoints
Rule 21: Civil disturbance management operations
Rule 22: Hostage situation
Rule 23: Aviation security procedures
Rule 24: Internal security operations
Rule 25: Bomb threat and bomb incident emergency response procedures
Rule 26: Computer crime incident response procedure

Rule 1:  POLICE BLOTTER


Each PNP operating units shall maintain an official police blotter where all types of
operational and undercover dispatches shall be recorded containing the five “W”s and one
“H” of an information.
 
Rule 2:  INTER-UNITS COORDINATION
Team Leaders of Local Police Units operating outside their AOR and National Support
Units shall coordinate personally or through an official representative with the concerned
territorial Police Office within whose jurisdiction the operation will be conducted using the
prescribed Coordination Form (ANNEX-A Refer to page xii) prior to the launching of the
operation, except in cases of hot pursuit where the inter-unit coordination through the written
form cannot be made due to the nature and urgency of the situation. In such case, the Police
Unit in pursuit shall endeavor to notify the territorial unit by any means of appropriate
communication at any time during the hot pursuit and if not possible, shall accomplish and
furnish the territorial Police Unit a written incident report immediately after the termination
of that particular pursuit operation. Hot Pursuit – (also termed in the US as fresh pursuit)
shall mean an immediate, recent chase or follow-up without material interval for the purpose
of taking into custody any person wanted by virtue of a warrant or one suspected to have
committed a recent offense while fleeing from one police jurisdiction to another,
necessitating the pursuing Police Unit to cross jurisdiction boundaries that will normally
require prior official personal inter-unit coordination but which the pursuing unit cannot at
that moment comply with due to the urgency of the situation.
 

Rule 3: BASIC REQUIREMENTS OF POLICE INTERVENTION OPERATIONS


Generally, all police intervention operations (arrest, raid, search and seizure, checkpoint, etc)
shall be conducted:
a. With a marked police vehicle;
b. Preferably led by a Commissioned Officer;
c. With personnel in proper police uniform
Rule 4:  WARNING BY USE OF MEGAPHONES
During actual police intervention operations, if feasible, the team leader shall use all
peaceful means, including the use of megaphone or any other similar means, to
influence/warm the offenders/suspects to stop and/or peacefully give up.
Rule 5:  WARNING SHOTS
The police shall not use warning shots during any police intervention. 
Rule 6:  USE OF DEADLY FORCE
The excessive use of force shall be avoided. The use of firearm is justifiable by virtue of the
Doctrines of Self-Defense, Defense of Relative, and Defense of Stranger, and if the police
has probable cause to believe that the suspect poses an imminent danger of death or serious
physical injury to the police or other persons.
Rule 7:  REASONABLE FORCE
During an armed confrontation, the police may use reasonable force to overcome the threat
posed by the suspect. However the Officer-in-Charge of the operation shall at all times
exercise control over his men in the area, and shall ensure that no innocent civilian is caught
in the crossfire.
Rule 8:  MOVING VEHICLES
Moving vehicles may not be fired upon solely to disable them the driver or other occupant of
moving motor vehicle may be fired upon if the police has probable cause to believe that the
suspects pose an imminent danger of death to the police or other persons, and the use of
firearm does not create a danger to the public that outweighs the likely benefits of its use.
Rule 9:  THINGS TO BE DONE AFTER AN ARMED CONFRONTATION
Immediately after an armed confrontation, the Officer-in-Charge shall:
a. Secure the site of confrontation;
b. Check whether the situation still poses imminent danger;
c. Evacuate the wounded to the nearest hospital; and
d. Account for the killed, wounded and arrest persons for proper disposition
Rule 10: JURISDICTIONAL INVESTIGATION BY THE TERRITORIAL UNIT
CONCERNED
The Police Unit which has territorial jurisdiction of area of the armed confrontation, together
with the SOCO team, if any, shall immediately undertake the necessary investigation and
processing of the scene of the encounter. In cases where there is a slain suspect, it 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 police can proceed with the investigation.
SPECIAL PROCEDURES
Rule 11: ARREST
All arrests should be made only on the basis of a valid warrant of arrest issued by a
competent authority, except in cases specified under the Doctrine of Citizens Arrest (Sec. 5,
Rule 113, Rules on Criminal Procedure). Arrest is the actual restraint of the 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, and the person to be arrested shall not
be subjected to any greater restraint than is necessary for his detention.
SEC. 1. Time of Arrest – As a general rule, arrests may be on any day at any time of the day
or night.
SEC. 2. Modes of Arrest – An arrest may be made by virtue of a Warrant of Arrest, or
without a warrant as hereinafter provided.
SEC. 3. Execution of Arrest – The head of the office to whom the warrant of arrest has been
delivered for execution shall cause the warrant to be executed within ten (10) days from
receipt. Within ten days after the expiration of such period, the officer to whom it was
assigned for execution shall make a report to the judge who issued the warrant and, in case
of his failure to execute the same, shall state the reasons therefore.
SEC. 4. Arrest by Virtue of a Warrant of Arrest –
a. it shall be the duty of the officer executing the warrant to arrest the accused without
unnecessary delay and deliver him to the nearest police station or jail.
b. When making an arrest by virtue of a warrant the officer shall inform the person to be
arrested of the cause of the arrest and of the fact that a warrant has been issued for his arrest,
except when he flees or forcibly before the officer has the opportunity to so inform him or
when the giving of such information will imperil the arrest. The 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 practicable.
SEC. 5. Arrest Without a Warrant; When Lawful – 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; and
c.   When the person to be arrested is 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.
SEC. 6. Duties of Arresting Officer in Case of Arrest Without a
Warrant –
a.   The arresting officer shall inform the subject or suspect, in the dialect or language known
to him, why he is being arrested, and of his right to remain silent and to have a counsel of his
own choice, to be inform of his authority and the cause of the arrest, unless the person to be
arrested is then engaged in the commission of an offense or is pursued immediately after its
commission or after and escapes; or flees or forcibly resists before the officer has
opportunity to so inform him, or when the giving of such information will imperil the arrest.
b. The arrested person shall be delivered to the proper authorities without unnecessary delay
and within the time prescribed in article 125 of the Revised Penal Code, as amended (12, 18,
or 36, hours, as the case may be ).
c.   The person arrested without a warrant shall be delivered to the nearest police station or
jail, and shall be the subject of inquest proceedings under Section 7, Rule 112 of the 2000
Rule of
 
Criminal Procedure.
d. If the person arrested without a warrant waives his right to remain to silent under the
provisions of Art 125 of the Revised Penal Code and opts to give a statement and present
evidence for his defense, the arresting officer shall ensure that the waiver made by the
person arrested shall be in writing and in the presence of his counsel of choice.
SEC. 7.  Physical of Arrested Person/ Suspect – Immediately after arrest of person ordered
arrested by the court, or of a suspect under investigation, he should be subjected to a
physical examination by a medico-legal officer or, in the absence of such medico-legal
officer, by any government physician in the area. Prior to is release or any change of
custody, the suspect shall also be physically examined.
SEC. 8. Prohibitions – No torture, force, violence, threat, intimidation, or any other means
which violates the free will shall be used against a suspect. Secret detention places, solitary
confinement (incommunicado) or other similar forms of detention shall be prohibited.
SEC. 9. Record Check – The officer shall make a record check for the possibility that the
arrested person is wanted for crimes other that for which the same was arrested.
Rule 12: SEARCH AND SEIZURES
SEC. 1. Search Warrant Defined – Ii is an order in writing issued in the name of the People
of the Philippines, signed by a judge and directed to peace officer, commanding him to
search for any property described therein and bring it before the court.
SEC. 2. Requisites for 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 the examination under oath or affirmation of the complainant and the
witnesses he may produce, and particularly describing the place to be searched  and the
things to be seized.
The following are the properties subject to seizure;
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.Objects that are illegal per se in plain view.
 
SEC. 3. Applications for Search Warrant -  All application for search warrant shall be
approved by a duly designated officer. The application shall be recorded in a log book. 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.
 
 
 
SEC. 4. Authority Given to Officer in the Conduct of Search (Sec. 7 & 13, Rule 126 of the
2000 Rules of criminal Procedure as amended) – in the conduct of search, if after giving
notice of this purpose and authority the officer is refused admittance to the place of search,
he may break open any outer or inner door window or any part of a house or anything
therein to execute the warrant or liberate himself or any person lawfully aiding  hi when
unlawfully detained therein.
 
SEC. 5. Prohibited Acts in the Conduct of Search
a.House, rooms, or other premises shall not be searched except in the presence of 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 particularly described in the search warrant shall
not be taken.
 
SEC. 6. Validity of Search Warrant – The search shall be valid for ten (10) days from date of
issuance. Thereafter, it shall be void.
 
SEC. 7. Receipt for the Property Seized – The officer seizing property by virtue of the
warrant shall give a detailed receipt for the same top the lawful occupant of the premises in
whose presence the search and seized 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.
 
SEC. 8. Valid Warrant-less Searches and Seizures –
1. Search made incidental to a valid arrest. Moreno vs. Ago Chi, 12 Phil 439, 422 (1909)
“An officer making a lawful arrest by virtue of a warrant or under the doctrine of warrant-
less arrest may take from the person arrested any money or property found upon his person
which was used in the commission of the crime or was the fruit of the crime or which might
furnish the prisoner with the means of committing violence or escaping, or which may be
used in evidence in the trial of the case….”
 
2. Search of moving vehicles. Carroll V. United States, 267 U.S. 132, 153 (1925) says: “ the
guaranty of freedom from unreasonable searches and seizures is construed as recognizing a
necessary difference between a search of  adwelling, house or other structure in respect of
which a search warrant may readily be obtained and a search of a ship, motorboat, wagon, or
automobile for contrabands goods, where it is not practicable to secure a warrant, because
the vehicle can be quickly moved out of the locality or jurisdiction in which the warrant
must be sought”
3. Seizure of goods concealed to avoid duties. Uykheytin V Villareal, 116 U.S. 746 (1886);
Papa V Mago, 22 SCRA 857 ( February 28, 1968); Pacis V Pamaran, 56 SCRA 16 (March
15, 1974).
4. Seizure of evidence in plain view. Harris V United States, 390 U.S. 234, 236 (1968) says
that any object “ falling in the plain view are subject to seizure and may be introduced as
evidence.”
5. When there is waiver of the right or there is consented. De Garcia V Locsin, 65 Phil. 689,
694-5 (1938) says: It is well-settled that to constituted a waiver of a constitutional right, it
must appear, first that the right exists; secondly, that the person involved had knowledge,
either actual or constructive, of the existence of such right; lastly, that said person had an
actual intention to relinquish the right” Thus, where accused has voluntarily surrender his
gun, he cannot claim illegality of the seizure. People V. Agbot, 106 SCRA 325, 331 (L-
376541, July 31, 1981)
 
Rule 13: CRIME SCENE INVESTIGATION
SEC. 1 It is the conduct of processes, more particularly the recognition, search, collection,
handling, preservation and documentation of physical evidence to include the identification
and interview of witnesses and the arrest of suspect/s at the crime scene.
SEC. 2. Upon receipt of a report/complaint of a crime incident, the desk officer shall:
a. Record the time the report/complaint was made, the identity of the person who made the
report, place of the incident and a synopsis of the incident.
b.Inform his superior officer or the duty officer regarding the report.
SEC. 3. First Responders – Any police who first arrives at the crime scene and shall
endeavor to protect and secure the same as follows:
a. Cordon off the crime scene with whatever available materials like ropes, straws, human
barricade, police line, if available, etc.
b. Evacuate injured persons to the nearest hospital;
c.    Prepare to take the “dying declaration” of severely injured person, if any;
d. Prevent entry/exit of persons within the condoned area; and
e.    Prepare to brief the investigators of the situation upon their arrival.
SEC. 4. Crime Scene Investigation Proper-
a. Receipt of Briefing and Designation of Command Post.
The team leader upon arrival at the crime scene receives the briefing from the first responder
and shall immediately designate a command post which ideally located adjacent to the scene
where the evidence custodian stays and receives the pieces of evidence turned over to him
for safe keeping by the other evidence collectors.
b. Initiation of Preliminary Survey. The team leader makes a general assessment of the
scene, takes a cautions walk-through of the crime scene, takes down extensive notes to
document important factors, and establishes the evidence most likely to be encountered. He
then defines the extent of the search area, and determines personnel and equipment needed,
and makes specific assignments. From his assessments, he develops a general theory of the
crime scene.
c. Preparation of Narrative Report. The team leader uses the systematic approach in making
a narrative report. No item is too insignificant to record if it catches one’s attention.
d. Documentation of the Crime Scene. The photographs as soon as possible. The evidence
collectors do not touch or move any evidence once it is located until it has been identified,
measured, recorded and photographed, sketches supplement the photographs. The best tool
in documenting the crime scene is the use of video camera.
e. Crime Scene Sketches. A rough sketch is prepared indicating the actual measurement of
things with scale and proportion observed and oriented to the North Pole. All necessary
information are placed in the sketch.
f. Detailed Search. The search for physical evidence is done using the accepted methods of
search depending upon the actual location to be searched.
g. Collection of Physical Evidence. The team leader is always informed of significant
evidence located. The evidence collector shall put his initial, location and date of collection
on the item and turn it over to the evidence custodian for documentation and safekeeping. In
cases where the evidence encountered needs special processing due to significant or
sensational cases, the Scene of the Crime Operation (SOCO) specialists of the Crime
Laboratory shall be requested.
 
h. Conduct of Final Survey. The team leader makes a final review of the crime scene to
determine whether or not the processing has been completed.
i. Release of the Crime Scene. The release of the crime scene shall be done if the
investigator is satisfied that all pieces of evidence have been recovered. Thus, the
investigator must evaluate the items recovered from the results of interrogation of the
suspects and the interview of the witnesses. He must bear in mind that upon the formal
release of the crime scene to the proper authority, a warrant is already required for his re-
entry to the crime scene.
SEC. 5 . Conduct of Interview- While the crime scene is being processes, the team leader
shall designate other members to look for witnesses and immediately conduct interview. The
assigned investigator shall jot down important facts for future reference.
SEC. 6. Arrest of Suspect/s-  Upon arrival at the crime scene, the team leader shall endeavor
to arrest the suspect/s if he is still at the crime scene or the first responder did not arrest the
suspect/s. The suspect/s shall be secured and shall be separated from the other witnesses.
 
Rule 14: UNDERCOVER OPERATIONS
SEC. 1 Scope of Undercover Operations- Undercover operations shall involve the collection
of information to support investigative law enforcement action, counter-intelligence
operations, and other management usage.
SEC 2. Usage of Information Obtained from Undercover Operations- Information obtained
from undercover operations shall be treated only as “lead” for further case build-up or to
serve as basis for further evidence-gathering to substantiate specific indictable legal case or
cases against the suspect or suspects, and therefore, in no uncertain terms shall it be used or
considered as evidence in court nor a cause for any immediate active law enforcement
action.
SEC. 3. Mission Orders- All personnel on undercover operations shall carry at all times
mission orders/slips duly approved by their immediate supervisors and filed appropriately
with their respective offices.
SEC. 4. Restriction- Undercover operatives on mission shall confined their operations to the
specific case(s) assigned to them.
SEC. 5. After-Mission Report- The undercover operation shall submit immediately his
report upon completion of mission.
 
Rule 15: CUSTODIAL INVESTIGATION
SEC. 1. Custodial Investigation- Custodial investigation shall refer to the stage where the
investigation conducted by law enforcers is no longer a general inquiry into an unsolved
crime and has begun to focus on a particular suspect who had been taken into custody by law
enforcement officers who carry out a process of interrogation that lends itself to eliciting
incriminating statements. It shall also refer to instances when suspect is taken into custody or
otherwise deprived of his/her freedom of action in any significant manner. Custodial
investigation shall also include any questioning or probe involving a person “invited” by a
law enforcement officer in connection with an offense he/she is suspected to have
committed. It is the investigation of a suspect arrested without a warrant; as such the police
is duty-bound to file a case against him within the reglementary period, strictly adhering to
his constitutional rights as hereinafter provided.
SEC. 2. Rights of the Suspect under Custodial Investigation- The following rights of the
arrested person shall be observed by the investigator during custodial investigation as
embodied under RA 7438. The suspect shall be appraised of his right (Miranda Doctrine), to
wit:
a. That he has the right to remain silent;
b.That if he waives his right to remain silent, anything he says can be used in evidence for or
against him in court;
c. That he has the right to counsel of his own choice; and that if he cannot afford one, he
shall be provided with an independent and competent counsel; and
d.That he has the right to be informed of such right.
SEC. 3 Waiver- In the event that the suspect waives his right under Art 124 of the RPC, such
waiver must be made in writing and duly signed by him and by the counsel of his own
choice or by a competent and independent counsel provided for him if he can not afford one.
SEC. 4. Detention- Detention prisoner/s shall be locked up as may be necessary to secure his
safety and prevent his escape.
SEC. 5. Transporting Detention Prisoner-
a. If transported by jeep, the subject must be seated in the right rear seat and one PNP escort
personnel shall sit at the rear on the left side facing the subject. Secure hands of subject
under his knees.
b. If transported by sedan, subject must be seated on the left rear seat and the PNP escort
personnel shall sit on the right rear seat. Hands of the subject should be secured under his
knees.
c.  In no case should a Detention Prisoner be transported using public utility land vehicles
that are not exclusively rented for the purpose.
d. In no case shall a high-risk Detention Prisoner be transported without proper escort and
restraining devices.
e. Female and juvenile delinquent detainees shall not be transported in handcuffs, but only
with necessary restraint and proper escort, preferably aided by a female personnel.
f. In no case shall a Detention Proper be allowed out of the Detention Cell without the proper
personnel escort.
g. Transport and escort of Detention Prisoner shall be limited only from the detention cell to
the proper court for inquest or hearing or to the nearest Hospital or Clinic in case of the
mandatory medical examination prior to detention of 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.
i. Detention Prisoner shall as much as possible be transported in detention prisoner uniform
or proper attire that may identify him/her as a detention prisoner.
SEC. 6. Monitoring of Cases- An investigator’s job does not end upon the filing of the case
with the prosecutor’s office. It is imperative that the case be continuously monitored up to its
final resolution.
SEC. 7. Media Presentation/Press Conference-  Presentation of arrest persons before the
media or the conduct of press conference in connection with such arrest shall be done only
on the following instances:
a. When the arrest is by virtue of valid warrant;
b.When the arrest is made “en flagrante delecto” or caught in the act and the crime
committed is heinous. In short, arrested persons for minor crimes even if caught in the act
may not be presented before the media.
c. In cases of warrant-less arrest, presentation before the media of arrested persons under this
category shall be done only after such arrested person shall have been established by the
investigating prosecutor or judge, as the case maybe; and
d.When the arrest is incidental to the service of a valid search warrant issued by a competent
court.
 
Rule 16: INQUEST PROCEDURES
SEC. 1. Inquest Proper-  Shall refer to an informal and summary investigation conducted by
a public prosecutor in the criminal cases involving persons arrested and detained without the
benefit of a warrant issued by the court for the purpose of determining whether or not said
persons should remain under custody and correspondingly be charged in court. Where the
detained person does not opt for a preliminary investigation or otherwise refuses to execute
the required waiver, the investigator shall proceed with the inquest by submitting the suspect
before the inquest prosecutor to include sworn statements/affidavits of the complainant and
the witness/es and other supporting evidence.
SEC. 2. Presence of Detained Person-  The presence of the detained person who is under
custody shall be ensured during the inquest proceedings except under the following
circumstances:
a. If he is confined in a hospital;
b. If he is detained in a place under maximum security;
c. If production of the detained will involve security risk; or
d. If the presence of the detained person is not feasible by reason of age, health, sex and
other similar factors.
 
Rule 17: RULES ON LABOR DISPUTES, RALLIES, DEMONSTRATIONS, AND
DEMOLITIONS
SEC. 1. Applicable Legal Parameters- The pertinent provisions of the Public Assembly Act
of 1985 (Bats Pambansa Blg 8500), the Labor Code of the Philippines, as amended and other
applicable laws, shall be observed during rallies, strikes, demonstrations or other public
assemblies. Accordingly, law enforcement agents shall, at all times, exercise maximum
tolerance. In case of unlawful aggression, only reasonable force may be employed to prevent
or repel it. The employment of teargas and water cannons shall be made under the control
and supervision of the Ground Commander. No arrest of any leader, organizer, or participant
shall be made during the public assembly, unless he violates any pertinent law as evidence
warrants.
SEC 2. General Policy –
a. The involvement of PNP personnel during strikes, lockouts and labor disputes in general
shall be limited to the maintenance of peace and order, enforcement of laws, and
implementation of legal orders of the duly constituted authorities.
b. Whenever the assistance of the PNP is necessary, elements of the local police force should
be called upon to render assistance. Such request for assistance shall be addressed to the
Regional Director, National Capital Regional Police Office or the Police Regional Offices.
Unless directed by the President or personally by the chairman of the National Police
Commission upon consultation with the Secretary of Labor and Employment or when
requested by the latter, personnel from the Armed Forces of the Philippines (AFP) shall not
intervene nor be utilized in any labor dispute.
c. Insofar as practicable, no officer of the law shall be allowed to render services in
connection with a strike or lockout if there is question or complaint as regards his
relationship by affinity or consanguinity to any official/leader of the parties in the
controversy or if he has financial or pecuniary interest therein.
d. A peace-keeping detail shall be established in the strike or lockout area when requested by
the Department of Labor and Employment (DOLE) or as the Regional Director, National
Capital Regional Police Office, City Police Office/Provincial Director, may deem necessary
for the purpose of maintaining peace and order in the area.
e. Personnel detailed as peace-keeping force in strike or lockout areas shall be in uniform,
with proper nameplates at all times. They shall exercise maximum tolerance and shall
observe courtesy and strict neutrality in their dealing with both parties in the controversy,
bearing in mind that the parties to the labor dispute are not their adversaries but their
partners in the quest for industrial peace and human dignity. As much as possible, they shall
not inflict any physical harm upon strikers and/or picketers or any person involved in the
strike/lockout. When called for by the situation or when all other peaceful and non- violent
means have been exhausted, la enforcers may employ as a last resort only such means as
may be necessary and reasonable to prevent or repel an aggression.
SEC 3. Peace-keeping – The peace-keeping detail shall not be stationed in the picket (or
confrontation line) but should be stationed such that their presence may deter the
commission of criminal acts or any untoward incident from either side. The members of the
peace-keeping detail shall stay outside a 50-meter radius from the picket line. In cases
wherein the 50-meter radius includes a public thoroughfare, they may station themselves in
such public thoroughfare for the purpose of insuring the free flow of traffic.
SEC 4. Additional Instructions-
a. Except as provided in these guidelines, the matter of determining whether a strike, picket
or lockout is legal or not should be left to DOLE and its appropriate agencies. PNP elements
are enjoined from interfering in a strike, picket or lockout, except as herein provided, for the
sole reason that it is illegal.
b. No personal escort shall be provided to any of the parties to the controversy unless so
directed by the competent authority. Whenever escorts are to be provided to any, the other
party shall be informed accordingly. All escort shall be in uniform at all times.
c.    During the pendency of a strike/lockout, the police and military personnel concerned are
discouraged from the socializing with any of the parties involved in the controversy.
d.   Liaison shall be established and maintained with the representatives of DOLE,
management and the union in the strike/lockout area for the purpose of maintaining peace
and order, as well as to maintain a continuing peaceful dialogue between the parties to the
strike/lockout.  If possible, a monthly meeting between the representatives of the PNP,
NAPOLCOM, DOLE and concerned sectors shall be conducted to assess and monitor
compliance with and implementation of the guidelines.
 
Rule 18:  STRIKES, LOCKOUTS, AND LABOR DISPUTES
SEC. 1. Peace-keeping Detail -  The peace keeping detail shall be stationed in the picket (or
confrontation line) in such a manner that its presence may deter the commission of criminal
acts from either side.  The members of the peace-keeping detail shall position themselves
outside a 50-meter radius from the picket line.  In cases wherein the 50-meter radius includes
a public thoroughfare, they may station themselves in the public thoroughfare for the
purpose of insuring the free flow of traffic.
SEC. 2. Service of Lawful Orders or Writ-
a. The service of DOLE, court, or other lawful orders or writs or writs is the primary concern
of the DOLE representative, sheriff, and representative of the government agency issuing the
order, respectively.  The role of the PNP, AFP, and Bureau of Fire Protection (BFP) is only
supportive. Only when specifically stated and requested in the order or writ shall the PNP
enforce such orders or writs, subject to the provisions of paragraph 3 hereof.
SEC. 3. Prohibited Socializing – During the pendency of a strike or lockout, the police and
military personnel concerned are discouraged from socializing with any of the parties
involved in the controversy. These personnel shall not, under any pretext, accept any
invitation from management personnel or union officials or personnel involved in the
controversy.
SEC. 4. Liaison -    Liaison shall be established and maintained with representatives of
DOLE, management, and the union in the strike or lockout area for the purpose of
maintaining peace and order and a continuing peaceful dialogue between the parties to the
strike or lockout.
 
 
 
SEC. 5. Prohibited Labor Activities- No public official or employee, including officers and
personnel of the PNP, shall:
a. bring in, introduce or escort, in any manner, any individual who seeks to replace strikers
in entering or leaving the premises of a strike area or
b. work in place of the strikers.
 
Rule 19: DEMOLITION ORDERS, INJUNCTIONS, AND OTHER SIMILAR ORDERS
SEC 1. Role of the PNP in the Enforcement of a Demolition Order-
a. Police Assistance in the enforcement or implementation of a demolition or injunction
order shall be granted only upon a written request of the Sheriff or authorized representative
and accompanied by a valid order issued by a competent court and/or with written
permission from the Presidential Commission for Urban Poor. Moreover, said police
assistance shall be coordinated and cleared with the concerned mayor before its
enforcement.
b.The duties of PNP personnel in any demolition activity shall be limited to the maintenance
of peace and order, protection of life and property, enforcement of laws and legal orders of
duly constituted authorities, and to perform specific functions prescribed by law.
c. PNP personnel tasked to provide police assistance shall be in proper uniform and will be
led by an officer during the actual and legal relocation phase. They shall be limited only to
occupying the first line of law enforcement and civil disturbance control; shall not
participate in the physical dismantling of any structure subject of eviction or demolition; and
shall refrain from the use of unnecessary and unreasonable force.
SEC 2. Procedures in the Enforcement of a Demolition Order-
a. PNP personnel should be informed of the prevailing situation, their tasks, strict
observance of Human Rights, and the appropriate provisions of the POP.
b.All police assistance rendered shall be officer-led, if possible by the Chief of Police who
has jurisdiction over the area and who should be present during the demolition activity.
c. Police assistance shall be rendered only to the affected parties.
 
d. All personnel involved shall be in complete uniform and shall desist from the use of any
violence or any actuation that may harm, harass, or terrorize the affected parties.
e. The mode of participation shall be strictly to maintain peace and order during the entire
demolition/ejectment activity, ensuring the protection of all parties from harm and injury.
f. The deployment of tear gas and water cannon shall be applied only as a last resort, when
all other peaceful and non-violent means have been exhausted, and shall be made under
proper advice and command of a responsible or superior police officer.
g. All arrests made during the operation shall be investigated by the Station which has
jurisdiction over the area.
h. The Unit or Station concerned shall render situation reports every two (2) hours during the
demolition operation followed by a written report after a demolition activity, for reference of
higher HQs.
 
Rule 20: CHECKPOINTS
SEC. 1. Authority to Establish Checkpoints-  The establishment of permanent checkpoints
must always be authorized by the PNP and manned by uniformed PNP personnel assigned in
the area. Other units directly involved in an operation may establish mobile checkpoints in
coordination with the Commander of the Unit/Station in the area.
 
SEC 2. Requirements-
a. Only mobile checkpoints are authorized and they shall be established only in conjunction
with ongoing operations. Only official and marked vehicles shall be used in establishing
mobile checkpoints.
b.Checkpoints may be established when there is a need to arrest a criminal or fugitive from
justice.
c. The conduct of searches, seizures, and arrests in checkpoints shall be done with civility
and with due respect to innocent passer-by, commuters or bystanders.
d.The area where the checkpoints shall be established must be properly lighted and legible
and clear signs shall be exhibited to show that searches are being conducted.
e. Enforcement officers manning the checkpoints shall be in proper uniform at all times with
their identification cards and nameplates on.
f. Personnel manning checkpoints shall always be led by an Officer with the rank of Police
Inspector at least.
g. Checkpoint personnel shall not mulct, extort, or harass drivers, passengers, traders, etc.
SEC 3. Procedures to be Followed When Checkpoints are Ignored- When checkpoints are
ignored, the following shall be observed:
a. In the event that checkpoints/roadblocks are ignored and the motorist/suspects bump the
roadblock in an attempt to elude arrest or avoid inspection, the team leader shall
immediately contact adjacent units to inform them of the situation and immediately conduct
dragnet operation, while those at the checkpoint shall pursue the errant fleeing motorist.
b.Warning shots shall be discouraged due to the confusion it may create for the driver and
passengers of the vehicle. Megaphone or police sirens shall be used instead during the
pursuit. The plate number of the vehicle shall be noted and given to other units in adjacent
areas to prevent the possibility that the vehicle may elude the pursuit operation.
c. In the event that the occupants of the vehicle open fire on the personnel manning the
checkpoint, reasonable force to overcome the suspects aggression may be employed.
SEC 4 Limitation of Searches at Checkpoints- Searches made at check or checkpoints shall
be limited to visual search and neither the vehicle nor the occupants shall be subjected to
physical search. An extensive search may be allowed only if the officers conducting the
search have probable cause to believe that they would find evidence pertaining to the
commission of a crime in the vehicle to be search and there is no sufficient time to secure a
valid warrant.
SEC 5. Flagging Down or Accosting Vehicles While in Mobile Car- This rule is a general
concept and does not apply in hot pursuit situations. The Mobile Car Crew shall undertake
the following, when applicable:
a. Call the headquarters and inform it of the make or type and plate number of the motor
vehicle to be accosted including the number and, if possible, identity of occupants;
b. State the reason(s) for flagging the suspected motor vehicle;
c. Give mobile car location and direction (heading) before making actual intervention;
d. Try to get side-by-side with the suspect and check the occupants without alarming them of
your purpose. You can even overtake them and wait for them at your chosen location before
stopping their vehicle;
e. Determine whether the suspects are hostile or not;
f. Make known to the suspect(s) that you are after them through the siren or megaphone;
g. Instruct the driver to pull over or stop on the side of the street;
h. Park behind the suspect’s vehicle at a discreet distance and cautiously approach the
vehicle on the driver’s side;
i. If the vehicles window heavily tinted and the occupants cannot be seen, instruct the driver
to open all windows to have a clear view of the interior of the vehicle;
j. Instruct the driver to turn off the ignition, if this was not done when he stopped;
k. The other members of the team must be on guard for any eventuality while the vehicle is
being approached.
l. Talk to the driver in a most courteous manner and inform him of the nature of his
violation. Demand to see the driver’s license, photocopies of the certificate of registration
and the official receipt. Examine these documents and counter-check the driver on the
information reflected herein; m. If it concerns traffic violations, immediately issue a Traffic
Violation Receipt (TVR). Never indulge in prolonged, unnecessary conversation or
argument with the vehicle’s occupants;
n. In cases of other violations that require the impounding of the vehicle, inform the driver
regarding this situation and instruct him to follow you, after issuing the TVR; and
o. Before moving out, inform Headquarters regarding the situation/status and disposition of
the person and motor vehicle accosted.
SEC. 6. Dealing with Hostile Situation – The following are the procedures to be followed in
dealing with hostile drivers:
a.  Stopping Vehicles
1. Follow the procedure stated from (a) to (c) of Section 5;
2. Immediately request for back-up;
3. Follow the suspect and always keep him within visual range;
4. Expect that the suspect will notice your action at any time. Be prepared for a car chase or
actual hostile confrontation;
5. If the back-up is already in the vicinity, inform Headquarters that you are proceeding to
accost the suspect;
6. Inform the suspects that you are after them through the siren or megaphone and instruct
the driver to pull over or stop on the side of the street;
7. Park at a discreet distance behind the suspect’s vehicle;
8. While the vehicle is being approached, the other members of the crew and back-up must
be on guard for any eventuality. Overreactions should be avoided;
9. If the vehicle’s windows are heavily tinted and the occupants cannot be seen, instruct the
driver to open all windows for a clear view of the vehicle’s interior;
10. Direct the driver and other occupants of the vehicle not to make unnecessary movements
and to show their hands outside the car;
11. Instruct the driver to turn off the ignition and toss the key to the ground. Demand to see
the Driver’s license and photocopies of the vehicle’s certificate of registration and the
official receipt. Examine the documents and counter- check the driver on the information
reflected therein; and
12. If there are other suspects aside from the driver, separate them from one another.
b.  Fleeing Vehicles
1. In the event that the motor vehicle did not stop despite the warning given, inform
Headquarters so that roadblocks can be put up.
2. When the vehicle of the suspect is cornered or stopped, instruct the driver and other
occupants in a clear and commanding voice to follow specifically what you will require of
them. Failure on their part to follow will be construed as a hostile act on their part. Execute
instructions on the use of reasonable force.
3. Instruct the driver to open his door and to put his foots out of the vehicle, followed by his
hands to be placed on top of the vehicle, or to move towards you with his hands up.
4. Instruct other occupants of the vehicle, if any, to come out one by one, as what the driver
has done.
5. Arrest and handcuffs the suspect and bring them to Headquarters for proper disposition.
6. Before moving out, inform Headquarters about the situation, status and disposition of the
suspects and motor vehicle accosted.
 
 
Rule 21:  CIVIL DISTURBANCE MANAGEMENT OPERATIONS
SEC. 1.  General Guidelines –
The PNP units tasked to maintain peace and order shall not interfere with the holding of
public assembly after verification that the permit for such purpose has been issued by the
local government unit concerned. To ensure public safety, a Civil Disturbance Management
(CDM) contingent under the command of a Police Commissioned Officer 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 to persuade the demonstrators
to disperse peacefully and vacate the public place. In case of lightning rallies or
demonstrations, orderly dispersal should only be resorted to, including the apprehension of
those responsible therefore, in case of resistance after an exhaustive dialogue for voluntary
dispersal has failed.
SEC.2.  Specific Guidelines –
1. When their assistance is requested by the leaders or organizers, it shall be imperative for
the members of the PNP CDM contingent, to perform their duties always mindful that their
responsibility to provide proper protection to those exercising their right to assemble
peaceably and their freedom of expression are primordial. Toward this end, the members of
the PNP CDM  contingent who deal with the demonstrators shall be in complete uniform
with their nameplates and units to which they belong displayed prominently on the front and
dorsal parts of their uniform.
2. The members of the PNP CDM  contingent shall not carry any kind of firearms but may
be equipped with baton or riot  sticks, crash helmets with visor, gas masks, boots or ankle-
high shoes with shin guards.
3. 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.
SEC. 3. Dispersal of Public Assembly with Permit -
No public assembly with a permit shall be dispersed.  However, if an assembly becomes
violent, the police  may orderly disperse such public assembly in the following manner:
1.  At the first sign of impending violence, the Ground Commander of the PNP CDM
contingent shall call the attention of the leaders of the public assembly and ask the latter to
prevent any possible disturbance.
2. If actual violence starts to a point where rocks or other harmful objects from the
participants are thrown at the police or at the non-participants or at any property causing
damage to such property, the designated officers/PNP CDM Commander shall AUDABLY
warn the participants that if the disturbance persists, the public assembly will be orderly
dispersed.  The CDM Commander may also conduct a dialogue with the leaders informing
them of their actions and advise them to disperse peacefully.
3. If the violence or disturbance prevailing or stated in the preceding subparagraph does not
stop or abate, the designated Officer/Commander of the contingent shall AUDIBLY issue a
warming to the participants of the public assembly, through loud hailers or public address
system, and after allowing a reasonable period of time lapse, shall immediately order it to
forthwith disperse.
4.  No arrest of any leader, organizer or participant shall be made during the public assembly
unless he violates any law, statute, ordinance or any provision of Batas Pambansa Bilang
880 during the assembly.  Such arrest shall be governed by Article 125 of the Revised Penal
Code, as amended.
5.  Isolated acts or incidents of disorder or breach of the peace during the public assembly
shall not constitute a ground for dispersal.
SEC. 4.  Dispersal of Public Assembly Without Permit – When the public assembly is held
without a permit where a permit is required, the said public assembly may be orderly
dispersed.  Water cannons may be used to disperse the crowd when the situation so
demands.
SEC. 5.  CDM Operational Tasks -
1. Isolate the area
2. Secure Likely targets
3. Control Crowds
4. Establish area control
5. Neutralize special threats
SEC. 6. CDM Operational Approaches -
1. The commitment of CDM personnel must be viewed as a last    resort.  Their role,
therefore, should never be greater than is absolutely necessary, under the particular
circumstances which prevail.  This does not mean, however, that the number of troops
employed should be minimized. On the contrary, the degree of force required to control a
disturbance is frequently inversely proportionate to the number of available personnel.
Doubts concerning the number of troops required, therefore, should normally be resolved in
favor of large numbers may prevent the development of situations in which the use of
excessive force is necessary.  A large reserve of troops should be maintained during civil
disturbance operations.  The knowledge that a large reserve force is available builds morale
among law enforcement personnel and contributes toward preventing overreaction to
provocative acts by disorderly persons.
2. In selecting an operational approach to a civil disturbance situation, the Commander and
his staff must adhere scrupulously to the “minimum necessary force” principle, for example,
crowd control formations or riot control formation or riot control agents should not be used
is saturation of area with manpower would suffice.
3. Every effort should be made to avoid appearing as an alien invading force and to present
the image of a restrained and well-disciplined force whose sole purpose is to assist in the
restoration of law and order with a minimum loss of life and property and due respect for
those citizens whose involvement may be purely accidental. Further, while control force
personnel should be visible, tactics or force concentrations, any activity which might excite
rather than calm should be avoided when possible.
4. Consistent with the controlling principle that he must use only the minimum force
necessary to accomplish his mission, the Commander arms his troops with rattan sticks,
shield, Kevlar helmet and handcuffs.
SEC. 7. Police Response in  Crowd Control –
 
1. During the Planning and Formative Stage
a.  Negotiate with demonstrators’ leaders
b. Police authorities send intermediaries
c.  Send Intel agents
 
2. During Initial and Peaceful Stage
a. Allow demonstrators to supervise themselves.
b. Allow private volunteers to supervise demonstrators
c.   A show of force by the Police
3.  During Riotous Stage
a.  Use respected civic leaders to appeal to the rioters to disperse
b.  Use of police formations and arrests
c. Use of special types of less lethal  weapon and ammunition
d. Use of additional forces (security team/SWAT
teams)
e.  Use of AFP force – only as reserve
4.   During Violent Stage
a. Police should stand their ground to prevent violent demonstrators from inflicting injuries
against any individual, damage to public and private properties, and for their dispersal.
b. Use respected community leaders to persuade the demonstrators to stop the violence and
surrender.
c. Use necessary force as a last resort. Post-Demonstration Stage
a. Withdraw main police force from the demonstrators’ area.
b. Maintain force or presence in the area.
 
Rule 22: HOSTAGE SITUATION
SEC. 1. Procedures to be followed in a Hostage Situation – The following steps shall be
undertaken:
a. A Crisis Management Task Group shall be activated immediately.
b.  Incident scene shall be secured and isolated.
c. Unauthorized persons shall not be allowed entry and exit to the incident scene.
d. Witnesses’ names, addresses, and other information shall be  recorded.  Witnesses shall be
directed to a safe location.
SEC. 2. Ground Commander – There shall be only one Ground Commander in the area.
SEC. 3. Negotiators – There shall be designated by the Ground Commander.  No one shall
be allowed to talk to the hostage-taker without clearance from the negotiating panel or
Ground Commander.
 
SEC. 4. Assault Team -  An Assault team shall be alerted for deployment in case the
negotiation fails.  Members of this assault team wear authorized and easily recognizable
uniform during the conduct of the operation.  Bonnets shall not be used.
SEC. 5. Assault Plan – The assault shall be planned to ensure minimal threat to life for all
parties.
SEC. 6. Support Personnel – An ambulance with medical participating elements shall be
consolidate efforts in solving the crisis.
SEC. 7. Coordination – Proper coordination with all participating elements shall be done to
consolidate efforts in solving the crises.
SEC. 8. Safety of Hostage(s) – In negotiating for the release of a hostage, the safety of the
hostage shall always be paramount.
SEC. 9. Procedures to be Followed during Negotiations – The following shall be undertaken
in the conduct of negotiations:
a. Stabilize and contain the situation;
b. Select the right time to make contact with the hostage-taker;
c. Take time when negotiating;
d. Allow hostage-taker to speak;
e. Don’t offer the hostage-taker anything.  What he will ask for will be part of the
negotiation;
f. Avoid directing frequent attention to the victim when talking to the hostage-taker;
g. Do not call them hostages.  Be as honest as possible avoid tricks; be sincere;
h. Never dismiss any request from the hostage-taker as trivial or important;
i. Never say “NO”;
j. Soften the demands;
k. Never set a deadline; try not to accept a deadline;
l. Do not make alternate suggestions not agreed upon in the negotiation;
m. Do not introduce outsiders (non-law enforcement officers) into the negotiation process,
unless their presence is extremely necessary in the solution of the crises; provided that they
shall be properly advised on the do’s and don’ts of hostage negotiations;
n. Do not allow any exchange of hostages, unless extremely necessary; in particular, do not
exchange a negotiator for a hostage;
o. Avoid negotiating face-to-face; and
p. Law enforcement officers without proper training shall not be allowed to participate in
hostage negotiations.
 
Rule 23: AVIATION SECURITY PROCEDURES
SEC. 1. International Conventions – These protocols are about civil aviation safeguard
against hijacking and acts of unlawful interference to civil aviation.
a. The Chicago Convention
The Chicago Convention which was participated in by 52 nations in November 1944 at
Chicago, USA, paved the way for the formation of the international Civil Aviation
Organization (ICAO) purposely to ensure the safe and orderly growth of international civil
aviation throughout the world. The ICAO officially came into existence on 4  April 1947 and
thus became the permanent body under the United Nations charged with the administration
of the principles and objectives of Convention.
b. The Tokyo Convention The Tokyo Convention, also known as the Convention on
Offenses and Certain Other Acts Committed on Board an Aircraft, was signed in Tokyo,
Japan on 14 September 1963  and came into force on 4 December 1969.  This was ratified
by a total of 124 states, including the Philippines. The convention defined all acts which,
whether or not classifiable as offenses, may jeopardize the safety of an aircraft, the persons
on board or property therein, and such other acts which may jeopardize good order and
discipline on board the aircraft. It also enumerated and explained the powers of the aircraft
commander in an international flight, as well as the competence of signatory states to
exercise Jurisdiction over offenses committed on board an aircraft.
c. The Hague Convention
The Hague Convention, also known as the Convention for the Suppression of Unlawful
Seizure of Aircraft, was signed in The Hague, Netherlands on 16 December 1970 and came
into force on 14 December 1971.  This was come ratified by a total of129 states, including
the Philippines. Signatory states agreed to make hijacking punishable by severe penalties,
and to include it in the list of extraditable crimes.  Hijackers may be tried in the
country where the aircraft landed or where the aircraft is registered.
d. The Montreal Convention.
The Montreal Convention, also known as the Convention for the Suppression of Unlawful
Acts against the Safety of Civil Aviation, was signed in Montreal, Canada on 23 September
1971 and came into force on 26 January 1973. Signatory states were obligated to enact laws
covering all acts of unlawful interference with civil aviation and to provide severe penalties
for any violations.
e. National Legislations: Republic Act 6975- Pursuant to section 35, paragraph b (7) of
Republic Act 6975, the PNP Aviation Security Command which was later renamed as
Aviation Security Group (ASG), in coordination with airport authorities, is tasked to; (1)
secure all the country’s airports against offensive and terroristic acts that threaten civil
aviation,
(2) exercise operational control and supervision over all agencies involved in airport security
operations, and (3) enforce all laws and regulations relative to air travel protection and
safety.
SEC. 2. Standard Aviation Screening Procedures- One of the most important aspects of
aviation security is to prevent the introduction of firearms, weapons and other dangerous
devices into areas of the aircraft to which access may be gained during flight. In order to
achieve this, the inspection/screening of passengers and their cabin baggage by ASG
elements is mandatory. Inspection/screening of passenger, cabin baggage, cargos and the
aircraft may be carried out through the use of metal detectors, X-ray machines, and other
devices, by manual search or by a combination of both. The following are the standard
inspection/screening devices:
a. Walk-through (gate-type metal detector)- Used as a means of determining if passengers
are carrying metal on their persons. Sensitivity can be adjusted for alarms to be activated by
different amounts of metal. To ensure effectiveness, a calibration should be selected which is
sufficiently sensitive to detection of a firearm of a predetermined size. An alarm by the
device is an immediate cause for suspicion and increased alertness on the part of Aviation
Security Group (ASG) personnel assigned at the inspection/screening checkpoint. All
passengers shall be required to divest themselves of all metal items prior to walking through
the “Gate”. A passenger who causes the device to activate its alarm shall be subjected to
additional processing, such as manual search or search with a hand-held metal detector.
b. Hand-held metal detectors- also called scanners, these are used in determining the exact
location of metal on a person who had earlier passed through the “Gate” and triggered the
alarm.
 
c. X-Ray Device- this equipment provides a means of inspecting/screening baggage and
other articles by enabling the operators to actually see firearms or other dangerous devices.
However, if the X-ray operator can not accurately determine or identify the image viewed on
the monitor, a manual inspection must be conducted.
d. Frisking- this is the pat down inspection of the passenger’s body weapons, explosives or
other dangerous substances which maybe concealed. This is done through manual frisking or
with the use of hand-held metal detector.
 
Rule 24: INTERNAL SECURITY OPERATIONS
SEC. 1. General Mandate. The PNP is mandated by law to support the AFP in internal
security operations (ISO). However, the PNP shall play an active role in places were there
are no AFP troops available, or when the President so directs.
SEC. 2. The PNP in A Support Role. PNP units involved in ISO in support of
the AFP shall:
a. Conduct sustained law enforcement actions against dissident Terrorists’
(DTs) atrocities;
b. Collect intelligence information on DT activities;
c. Conduct limited ISO, of a defensive nature, to flush DTs out of urban areas. At all times,
the PNP units concerned shall coordinate with the AFP units in the area at the first
opportunity.
d. Conduct investigation and prosecution of ISO-related cases.
SEC 3. The PNP in an Active Role.  In cases were there are no AFP units in the area or
when the President so directs, the PNP units concerned shall;
a.  Conduct search and destroy operations against DT strongholds and concentrations;
b. Conduct intelligence operations to neutralize guerilla safe houses in urban areas;
c. Conduct civil-military operations to dismantle the political machinery of the CPP/NPA in
the area.
 
 
SEC 4. Defensive Position. Police stations, especially those located in far-flung areas, are
favorite target to attacks. As such, security measures against DT atrocities must be
undertaken as follows;
a. Continuously remind all personnel to be extra careful and security conscious  in their day
to day activities and during troop movements;
 
b. Vigorously implement added security measures in all police stations and police kababayan
centers, particularly those situated in far-flung or isolated places which are vulnerable to
surprise attacks, raids or harassment by DTs;
c. Conduct continuous check and inspection of the operational readiness of your field
units/stations;
d. Always keep in mind the modus operandi, strategies and tactics being practiced/employed
by the DTs;
e. Refrain from injecting or deploying personnel/unit in insurgent-affected areas without first
conducting a thorough an sincere threat analysis or evaluation, including social background
of the areas;
f. Re-train or re-orient personnel on back to basics training on combat patrols,
military/police intelligence, Police Community Relations (PCR) and the like;
g. Intensify intelligence-gathering and counter-intelligence operations to monitor or detect
enemy plans and activities;
h. Intensify the conduct of covert and/or overt operations against DTs who are acting as
ordinary criminals/bandits and extortionist;
i. Enhance the establishment of Advance Security Control Points (ASCPs) to control the
ingress and egress of people in police stations; and
j. Exercise continuous vigilance and maintenance of law, order and public safety in
respective AOR through the conduct of intensified police visibility patrols.
 
Rule 25: BOMB THREAT AND BOMB INCIDENT EMERGENCY RESPONSE
PROCEDURES
SEC 1. First Responder’s Procedure on Bomb threat- The purpose of
this rule is to establish the duties and investigative responsibilities of mobile units
responding to bomb threats, and other suspected explosive devices.
a. Upon receipt of information.
1. Determine the exact location of the establishment under threat;
2. Instruct the security officer of the establishment to conduct a bomb search while
proceeding to the area.
3. Proceed immediately to the scene.
4. Alert Explosive Ordnance Demolition team (EODT) for bomb search mission for
emergency readiness before departure.
5. Notify higher Headquarters of development.
b. Upon arrival at the scene:
1. Confirm the reported bomb threat; notify EODT to conduct bomb sweep.
2. Cause a suspicious/suspected device search to be made by persons familiar to the location.
3. Unless a device 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. Assist in
evacuation of personnel should it be necessary.
c. Do not touch, tamper with or disarm any suspected device, explosive or ordnance.
d. If a suspected device is located/found, cause the evacuation of at least 300 meters away,
and maintain security for the protection of  life and property.
e. Isolate the suspected device.
f. Report discovery of suspected device.
g. Do not permit radio transmission within the area.
h. Turn off all electricity and gas units within the premises/building.
i. Secure the area and prevent people from approaching.
j. Establish traffic control.
k. Summon ambulance and fire trucks to the scene.
l. Await the arrival of bomb disposal team (EODT).
m. Conduct immediate investigation if the threat/crisis is over.
n. Determine the following;
1. Name of person who received the call; date and time the call was made.
2. What were the exact words of person making the threats.
3. Reason for the threat.
4. Time and Duration of call.
5.  Voice characteristics of the caller:male or female; young, middle-age, or old;
tone;accent;etc.
6. identify of suspects, if known.
o. Assist in the conduct of investigation by responding units when requested to do so.
p. Report incident to higher Headquarters.
SEC 2. First Responder’s Procedure in Case of Actual Bomb Explosion-
a. Upon receipt of report;
1. Identify exact location of the incident.
2. Alert EOD teams and direct to proceed to the area.
3. Notify higher Headquarters and request assistance of
medical personnel.
4. Proceed to the scene immediately
b. Upon arrival at the scene.
1. Cause immediate evacuation of the injured.
2. Direct occupants of building/establishment to evacuate the area. Maintain order and
control crowd.
c. Notify higher Headquarters of the situation.
d. Seal off location until EODT determines if a secondary device exists.
e. Conduct rescue operations at the scene when necessary.
 
f. Initiate immediate investigation if investigators have not yet arrived. Determine the
following;
1. Time of detonation/explosion
2. Time call/bomb threat was received
3. Type of device
4. Other matters as in paragraph 1
g. Submit incident report immediately
h. Avoid issuing “Speculative” press releases or statements. It is the job of the unit
Commander or his designated spokesman.
 
Rule 26: COMPUTER CRIME INCIDENT RESPONSE PROCEDURE
SEC. 1 Computer Crime Response Defined- Computer Crime Response is the actual police
intervention in a computer crime incident where the acquisition of matters of evidentiary
value are traceable within the computer’s hardware and its network.
 
SEC 2. Do’s and Don’ts in Computer Crime Response-
a. When the computer is OFF at the time of arrival, do not turn it ON.
b. When it is ON, do not turn it OFF nor touch its mouse or keyboard.
c. If available, call for the Computer Incident Response Team (CIRT)
d. If CIRT is not available, the unplugging of the computer whether it is ON or OFF at the
time of unplugging should be done by pulling out the cable directly from the back of the
Central Processing Unit (CPU).
e. Each unplugged cable must be marked in the same marking corresponding to the socket
from where the cable was unplugged.
(Example: “Socket5” marked “A” and the “Cable End” also marked “A”) The computer
should be carefully handled and packed for transport to the police station.
f. Only a computer forensic expert should search for any evidence contained in the computer
hardware.
g. The computer hard disk should be duplicated by the forensic expert and the original
should be kept by the evidence custodian for future court presentation. Search and analysis
shall be undertaken using the imaged disk.

Protection of Victims and Witnesses

Section 13. Protection of Victims and Witnesses. - In addition to existing provisions in


Philippine law for the protection of victims and witnesses, the following measures shall be
undertaken:
(a) The Philippine court shall take appropriate measures to protect the safety, physical and
physiological well-being, dignity and privacy of victims and witnesses. In so doing, the court
shall have regard of all relevant factors, including age, gender and health, and the nature of
the crime, in particular, but not limited to, where the crime involves sexual or gender
violence or violence against children. The prosecutor shall take such measures particularly
during the investigation and prosecution of such crimes. These measures shall not be
prejudicial to or inconsistent with the rights of the accused and to a fair and impartial trial;

(b) As an exception to the general principle of public hearings, the court may, to protect the
victims and witnesses or an accused, conduct any part of the proceedings in camera or allow
the presentation of evidence by electronic or other special means. In particular, such
measures shall be implemented in the case of the victim of sexual violence or a child who is
a victim or is a witness, unless otherwise ordered by the court, having regard to all the
circumstances, particularly the views of the victim or witness;

(c) Where the personal interests of the victims are affected, the court shall permit their views
and concerns to be presented and considered at stages of the proceedings determined to be
appropriate by the court in manner which is not prejudicial to or inconsistent with the rights
of the accused and a fair and impartial trial. Such views and concerns may be presented by
the legal representatives of the victims where the court considers it appropriate in
accordance with the established rules of procedure and evidence; and

(d) Where the disclosure of evidence or information pursuant to this Act may lead to the
grave endangerment of the security of a witness for his/her family, the prosecution may, for
the purposes of any proceedings conducted prior to the commencement of the trial, withhold
such evidence or information and instead submit a summary thereof. Such measures shall be
exercised in a manner which is not prejudicial to or inconsistent with the rights of the
accused and to a fair and impartial trial.

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