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106 views

Lea 311 Learning Material

A PDF which can help to the students who are lock of understanding

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akhowharay07
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© © All Rights Reserved
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CHAPTER 1 Philippine National Police

Police Operation The Philippine National Police (PNP) is the civilian national police force of
the Philippines (Official Gazette, n.d.). It is a community and service-oriented
Police is a body of armed men, which as an institution, can exercise agency responsible for the maintenance of peace and order and public safety. It is
its duties by armed physical forces to preserve peace and order, detection of national in scope and civilian in character administered and controlled by a national
crime, and the execution of laws (Castillio, R., and Flores Jr., A.D., 2022, p. police commission (RA 8551, 1998, Section 2).
11). They are a body of officers representing the civil authority of the
government, and are responsible for maintaining public order and safety, Powers and Functions of PNP
enforcing the law, and preventing, detecting, and investigating criminal
activities (Kelling, 2021). Police operations are defined as the job duties, The PNP have the following powers and functions (RA 6975, 1990,Section 24):
responsibilities, and activities that law enforcement agents complete in the
1. Enforce all laws and ordinances relative to the protection of lives and
field (Police Operations: Theory & Practice, 2017).
properties;
Categories of Police Operations 2. Maintain peace and order and take all necessary steps to ensure public safety:
3. Investigate and prevent crimes, effect the arrest of criminal offenders, bring
According to the Revised PNP Police Operational Procedure (2021) offenders to justice and assist in their prosecution;
the following are the categories of Police Operations in the Philippine: 4. Exercise the general powers to make arrest, search and seizure in accordance
with the Constitution and pertinent laws;
1. Patrol Operations – It is the most basic police function and known 5. Detain an arrested person for a period not beyond what is prescribed by law,
as the backbone of policing. informing the person so detained of all his rights under the Constitution;
2. Law Enforcement Operations – This includes service of warrant of 6. Issue licenses for the possession of firearms and explosives in accordance
arrest, implementation of search warrant, enforcement of visitorial with law;
powers of the Chiefs of Police, and other anti-criminality operations. 7. Supervise and control the training and operations of security agencies and
3. Internal Security Operations- This includes counterterrorism issue licenses to operate security agencies, and to security guards and private
operations and similar operations against other threat groups that are detectives, for the practice of their professions; and
conducted to ensure internal security. 8. Perform such other duties and exercise all other functions as may be by law.
4. Public Safety Operations - This includes critical incident
management procedures, search, rescue and retrieval operations, PNP Operational Guidelines
hostage situation, civil disturbance management operation,
management of health hazards and other operations that promote According to the Revised PNP Police Operational Procedure (2021), all PNP personnel
public safety. shall respect and uphold the human rights and dignity of all persons at all times.
5. Special Police Operations – This includes high-risk checkpoint and Regardless of the type of function to be performed and/or police operations to be
roadblock operation, police assistance in the implementation of order conducted, all PNP personnel must know by heart and shall comply with and apply the
from the court and other quasi-judicial bodies, security to major and following principles and procedures (POP Manual, 2021):
special events, aircraft hijacking operations, visit, board, search and
 To Serve and Protect- The responsibility of every police officer is to serve the
seizure of marine vessels, and similar police operations that are
public and protect life and property
conducted by police units with specialized training on the peculiarity
 To Respect Human Rights and Dignity of Person- All PNP personnel shall
of the mission or purpose.
respect and uphold the human rights and dignity of all persons at all times.
6. Investigation Operations – This includes investigation of crime or
incident, Scene of the Crime Operations (SOCO), administrative Requirements of Police Operations
investigation and other investigative work necessary to determine
facts and circumstances for filing cases criminally or administratively. In all planned police operations, the team leader of the operating team/s shall
7. Police Community Relations – This includes three interrelated secure a Pre-Operation Clearance prior to the conduct of operation. This clearance
dimensions to accomplish its mission namely: community affairs and must be approved by their Chief/Commander/ Head of Office/Unit and must be
development, public information, and information development submitted at the Operations Section/ Division of the concerned operating police units
operations to forge partnership and strengthen collaboration and for record purposes (POP Manual, 2021, Section 2-1).
linkages with the community.
1
The basic requirements of police operations such as but not limited to The Force Continuum allows police officer responses to be flexible and/or
arrest, search and seizure, checkpoint, roadblocks, and civil disturbance employ reason- able force in either sequential, consecutive or combination of
management are conducted as follows: options against the dynamic suspect/s or law offender/s threats or resistances.
In all instances, the professional and respectful demeanor of police as public
1. With marked police vehicle; safety servants, civil use of language, well-man- nered decorum and utmost
2. Led by a Police Commissioned Officer (PCO) or the most senior respect for human rights shall be observed.
Police Non-Commissioned Officer (PNCO) in the absence or
unavailability of a PCO; and 1. Non-Lethal Approach – This involves the police presence in crime-prone
3. With personnel in prescribed police uniform except for covert areas and the employment of activities or actions to persuade and/or request
operatives when serving warrant of arrest provided personnel in cooperation of people particularly suspects and law offenders to police
uniform shall be present during the arrest instructions and other control efforts.
4. With the use of Body Worn Cameras (BWCs) and/or Alternative 2. Less Lethal Approach – This involves the employment of less lethal
Recording Devices (ARDS) during the conduct of searches and equipment that does not cause serious injury and/or death and that less
arrests. physical measures have been tried and deemed inappropriate purposely to
ensure cooperation, compliance or surrender. The age, gender and health
Use of Force Policy condition of offenders shall be considered before the employment of less lethal
equipment.
In the lawful performance of duty, a police officer shall use necessary
Less lethal equipment includes impact weapons such as Batons,
and reasonable force to accomplish his/her mandated task of enforcing the
Truncheons and/or Night Stick
law and maintaining peace and order. However, a police officer is not required
to afford the offender/s attacking him/her the opportunity for a fair or equal
3. Lethal Approach – This involves the employment of lethal equipment usually
struggle. The necessity and reasonableness of the force employed will depend
as a last resort. Lethal force will only be employed when all other approaches
upon the following (POP Manual, 2021, Section 2-4):
have been exhausted and found to be insufficient to thwart the life-threatening
 The number of aggressors, actions or omissions posed by armed suspect or law offender. This approach
 Nature and characteristic of the weapon used, carries with it the greater responsibility as it may result in severe injury and
 Physical condition, serious bodily harm and/or death.
 Size and other circumstances to include the place and occasion of
Use of Firearm During Police Operations
the assault.
The use of a firearm is justified if the offender poses an imminent danger of
During confrontation with an armed offender, only such necessary
causing death or injury to the police officer or other persons. The use of firearms is also
and reasonable force shall be applied as would be sufficient to overcome the
justified under the doctrines of self-defense, defense of a relative, and defense of a
aggression by the offender; subdue the clear and imminent danger posed by
stranger. The police shall not use warning shots during police operation except when
him/her; or to justify the force/act under the principles of self- defense, defense
the police officer is outnumbered and overpowered, and his/her life and limb is in
of relative, defense of stranger or fulfillment of duty. The excessive use of
imminent danger (POP Manual, 2021, Section 2-5).
force to arrest or immobilize the suspect during police operation is prohibited
(POP Manual, 2021, Section 2-4). A police officer who resorts to self defense must face a real threat on his/her life,
and the peril sought to be avoided must be actual, imminent and real. Unlawful
Three Approaches on The Use of Force Continuum
aggression should be present for self defense to be considered as a justifying
The Force Continuum’ is a linear-progressive decision-making circumstance.
process which displays the array of police reasonable responses
A moving vehicle and its occupants shall not be fired upon except when its
commensurate to the level of suspect/law offender’s resistance to effect
occupants pose imminent danger of causing death or injury to the police officer or any
compliance, arrest and other law enforcement actions. There are three (3)
other person, and that the use of firearm does not create any danger to the public and
approaches on the Use of Force Continuum, they are (POP Manual, 2021,
outweighs the likely benefits of its non-use. In firing at a moving vehicle, the following
Section 2-4, 2.9):
parameters should be considered:

 The intent of the suspect/s to harm the police officer or other persons;
2
 The capability of the suspect/s to harm with certainty the police officer Patrol Duties
or other persons; and
 Accessibility or the proximity of the suspect/s from the police officer The following are the duties during the conduct of patrol operations (POP
and other persons. Manual, 2021, Rule 1.2):

A police officer who fires his/her service firearm or weapon during a 1. Patrol Supervisors
confrontation with an offender or offenders must submit an incident report a. Make a patrol plan with the following details:
outlining the circumstances necessitating the use of his/her firearm.  Area Coverage: safe haven, ambush areas and crime prone
areas;
Patrol  Organizational detail of personnel;
 Duration:
Patrol is the action of traversing a district or beat or of going the  Stand-by points; and
rounds along a chain of guards for observation or the maintenance of security  Route plan
(Merriam-Webster, n.d.). Police patrols play an important role in public b. Designate members of the patrol team/s;
service by responding to incidents, deterring and preventing crimes. It can give c. Conduct personnel and equipment check;
a sense of security to people who need protection and discourage those who d. Conduct briefing prior to dispatch by disseminating any orders,
may commit crimes in the absence of a patrol. The goals and objectives of directives or instructions from the Chief of Police (COP) or higher
police patrol include crime prevention, criminal apprehension, law authorities and new policy or guidelines being implemented by the
enforcement, order maintenance, public services, and traffic enforcement PNP Organization;
(Zhang, Y., and Brown, D.E., 2013). e. Render hourly report of personnel location and situation through
radio/telephone/cellphone to Police Community Precinct (PCP)/
Patrol Guidelines
Station Headquarters Tactical Operation Center (TOC);
According to the Revised PNP Police Operational Procedure (2021) f. Render after-patrol report duly signed by duty supervisor. PCP
the following are the guidelines in conducting patrol operations: Commanders shall collate and submit significant details to the Station
Patrol Supervisor, who in turn, will submit the same to the Provincial/
1. Conduct briefing before and debriefing after patrol operations District Patrol Supervisor; and
2. Perform firearm and equipment check prior to dispatch. g. Conduct debriefing immediately after the completion of patrol duties.
3. Observe precautionary measures and personal safety while on patrol;
4. Plan out patrol routes based on prevailing crime trends and patterns; 2. Patrol Officers
5. Observe defensive driving and follow traffic rules and regulations, a. Attend the roll call formation before his/her Tour of Duty for briefing
6. Establish good rapport with people on your beat and be familiar with and likewise attend the after Tour of Duty formation for debriefing:
all the people in the community; b. Patrol the assigned beats, observe and check suspicious people,
7. Patrol members must be always on the look-out for indications of structures/buildings, compounds and vehicles;
vices and other illegal activities on their beat; c. Observe and monitor public gatherings, prevent disorders and
8. Patrol members must be knowledgeable of all conditions, events and disperse unlawful assemblies;
details of places on their beat; d. Inspect and/or conduct surveillance in various business
9. Be observant of people, places, situations or conditions and develop establishments and other installations and remove hazards to public
an inquisitive attitude especially if the subject appears to be slightly safety;
out of the ordinary: e. Check suspicious vehicles (private, public, or commercial/ delivery
10. Keep under close observation actions of juveniles, troublemakers vehicles) in the course of their patrol;
agitators and the mentally ill/retarded persons and report information f. Report occurrences and conditions which relate to crime, public
to the concerned agency for appropriate action; peace, order and safety,
11. When requiring proof of identification from any person, let him/her g. Prevent crimes and arrest criminal offenders,
hand it over to you and; h. Conduct regular visitations, dialogues/consultations with the residents
12. Patrol members must inform the tactical operations center before and other stakeholders;
responding to any incident. i. Assist personnel of responsible agencies/unit in facilitating the flow of
traffic at busy intersections/roads within his/her Area of Responsibility
3
(AOR), assist and provide pedestrian information such as frisking (pat-down search) include but not limited to the following (POP
directions and street locations; Manual, 2021, Rule 2.1):
j. Respond to calls, entertain complaints, initiate the  Visual indication suggesting that the person is carrying a firearm or
Investigation and protection of the crime scene and other deadly weapon;
minimize the after effects of accidents, fires and other  The type of crime believed to have been committed by the person,
catastrophes, particularly crimes of violence where the threat of use or use of
k. Wear the prescribed patrol uniform: deadly weapon is involved; and
l. Have the necessary equipment; and  The threatening demeanor of the person.
m. Strictly observe the “Buddy System” during the patrol
operations. Procedures and Guidelines for Stopping and Pat Down Search
Buddy system is an arrangement in which two
According to the Revised PNP Police Operational Procedure (2021) the
individuals are paired (as for mutual safety in a
following are the procedures and guidelines for stopping and pat down searches:
hazardous situation
1. For Stopping
Spot Checks and Pat Down Searches
a. When approaching the person, the police officer shall clearly identify
Spot checks are usually conducted in times of heightened security himself/herself and present his/her identification card.
alerts or in areas where a crime has been committed and investigation or b. Police officers shall be courteous at all times but remain cautious and
surveillance is being conducted and where the police need to increase their vigilant.
vigilance (PNP Human Rights Affairs Office (HRAO), 2008, p.25). A pat-down c. Before approaching more than one person, police officers should
search is when a police officer pats down the outer surfaces of a person’s determine whether the circumstances warrant a request for back-up
clothing in an attempt to find weapons (Legal Information Institute (LII), n.d.). or whether the stopping should be delayed until such back-up arrives.
d. Police officers shall confine their questions in relation to the grounds
Grounds for Stopping and Pat Down Searches for stopping the person. In no instance shall a police officer stop a
person longer than the period reasonably necessary.
According to the Revised PNP Police Operational Procedure (2021) e. Police officers are not required to inform the person of his/her rights
the following are the grounds for a spot check and pat down searches: under the law (i.e. Miranda Warning, Anti-torture law, etc.) unless the
person is placed under arrest.
1. Stopping. The police officer may stop a person only when there is
2. For Pat Down Search, when genuine reason justifies body frisking (pat-down
genuine reason to believe, based on experiences and the particular
search), it shall be done with due caution, restraint, and sensitivity in the
circumstances that a criminal activity may be afoot. The police officer
following manner (POP Manual, 2021, Rule 2.1).
must be able to point to specific facts that, when taken together with
a. Whenever possible, body frisking shall be done by at least two police
rational inferences, reasonably warrant the stop. Such facts include,
officers, one to do the search while the other provides security. It
but not limited to the following (POP Manual, 2021, Rule 2.1):
shall be done with the person in a standing position with hands
 The person is reported to be allegedly involved in a criminal
raised. The police officers are permitted only to feel the outer clothing
activity;
of the person. Police officers shall not place their hands inside the
 The actions or demeanor of the person suggest that he/she
pockets of the clothing unless they feel an object that could probably
is engaged in a criminal activity;
be a weapon, such as a gun. Knife, club, or the like.
 The person is carrying something illegal or when his/her
b. If the person is carrying an object such as a handbag, suitcase,
clothing bulges in a manner that suggests he/she is carrying
briefcase, sack, or other similar items that may conceal a weapon,
a weapon; and
the police officer shall not open the item but instead put it in a place
 The person is seen at the time and place proximate to an
out of the person’s reach.
alleged crime incident and/or flees at the sight of a police
c. If the external patting of the person’s clothing fails to disclose
officer.
evidence of a weapon, no further search may be made. If a weapon
2. Pat Down Search . The A police officer has the right to perform body
is found and the possession of which constitutes a violation of the
frisking if person has been stopped with genuine reason to believe
law, the police officer shall arrest the person and conduct a complete
that he/she carries weapon/s and poses a threat to the police officer’s
search.
or another person’s safety. Circumstances which may justify body
4
Checkpoints 3. Verifiers shall conduct document verification, search, seizure and arrest, if
necessary, initial custody of seized evidence;
A checkpoint is an area where vehicles and/or persons are stopped, 4. Search/Arresting Personnel-shall search, seize illegal items and arrest
identities are verified, possessions searched, and a decision is made whether offenders;
or not to detain the persons/ vehicles or to allow them to pass Checkpoints 5. Forward/Rear Security- shall provide security in the checkpoint area and
aim at controlling an area, to allow a “safe area” to protect from outside block/pursue fleeing suspects/vehicle;
influence, to deny hostile intelligence gathering opportunities and to be
effective they must not be able to be bypassed (United Nations, 2015). Guidelines for Checkpoint Operation

Types of Checkpoints According to the Revised PNP Police Operational Procedure (2021) the
following are the guidelines on conducting checkpoint operation:
The following are the types of checkpoints (United Nations, 2015):
 Checkpoints are established to enforce laws, rules, and regulations, and when
1. Mobile checkpoint It responds to an immediate operational need there is a need to arrest a criminal or fugitive from justice.
and can be removed immediately after the execution of the operation  Mobile checkpoints are authorized only when established in conjunction with
without having an impact on the security of the concerned area, the ongoing police operations. Only marked vehicles with blinkers turned on shall
population living in it and the personnel deployed for the operation. be used in mobile checkpoints.
2. Fixed checkpoint It can be permanent or temporary and it takes  Designation of the personnel manning the checkpoint shall be left to the sound
places where a decision has been taken to carry out checks on a discretion of the Team Leader (TL), preferably with female personnel
regular, even daily basis. especially when there is an anticipated involvement of a female suspect.
 The PNP Checkpoint team shall be composed of a minimum of eight
Authority to Establish Checkpoints
personnel with a TL, two verifiers, one spotter, two forward security and two
The establishment of checkpoints shall be authorized by the Head of rear security.
Office of the territorial PNP unit and manned by uniformed PNP personnel.  The team manning the checkpoints must have immediate contact with any
Other units may establish checkpoints in coordination with the Head of Office elected public official, and representative from the National Prosecution
of the territorial PNP unit in the area. For this purpose, the Heads of Offices of Service (NPS) or the media in case illegal drugs are seized or recovered.
territorial units are the following (POP Manual, 2021, Rule 2.2.a.):  The team should encourage the participation of the Local Government Units
(LGUS), PNP accredited Civil Society Groups, Non-Governmental
 Regional Director (RD); Organizations (NGOs), business organizations, media and other stakeholders
 District Director; during the conduct of police checkpoint operations. However, their
 Provincial Director; participation must be limited only as observers except for LGU personnel
 City Director, mandated to enforce laws and ordinances such as but not limited to traffic
 Chief of City/Municipal Police Station; enforcers, meat inspectors and Barangay Public Safety Officers (BPSO).
 Station Commander,  PNP personnel manning the checkpoint must have a presentable appearance
 Sub-Station Commander, and Police Community Precinct while wearing the prescribed uniform. Likewise, the civilian members must
Commander also be in their organization’s uniform with their names conspicuously
displayed for identification. In no case shall the civilian components be allowed
Composition of Checkpoint Team
to bear firearms during the checkpoint.
The checkpoint team shall be composed of, but not limited to, the  The area where the checkpoint shall be established must be well-lighted with
following (POP Manual, 2021, Rule 2.2.b.): visible signage bearing the name and contact number of the PNP unit and the
TL.
1. Team Leader (TL) shall lead and take responsibility in the conduct of  Due courtesy must be accorded to all road users during the conduct of the
checkpoint preferably a Police Commissioned Officer (PCO). In the checkpoint.
absence of a PCO, the most Senior Police Non-Commissioned  Team members must greet all persons subject for inspection, extend apology
Officer (PNCO) will act as Team Leader; for the inconvenience, appeal for understanding, state the reasons for the
2. Spotter/Profiler – shall point/profile suspected vehicle subject for checkpoint and thank them for their cooperation
checkpoint;
5
 The team must signal the motorist(s) to slow down and courteously  All arrests should be made only on the basis of a valid warrant of arrest issued
request to turn-off the headlights and turn on cabin lights. by a judge, except in instances where the law allows warrantless arrest.
 The conduct of inspection of vehicles during a routine checkpoint is  No violence or unnecessary force shall be used in making an arrest, and the
limited to a visual search, done with due respect to all road users and person to be arrested shall not be subjected to any restraint greater than what
conducted in a manner of least inconvenience. The occupants cannot is necessary under the circumstances (The Revised Rules of Criminal
be compelled to step out of the vehicle. Any search, seizure, and Procedure, rule 113, Section. 2).
arrest shall be in accordance with the law.  Arrests can be made on any day of the week and at any time of the day or
 A valid search must be authorized by a search warrant duly issued by night (The Revised Rules of Criminal Procedure, Rule 113, Section. 6).
an appropriate authority. However, a warrantless search can be made  If the accused is already in detention, a return, together with required
in the following cases: documents, shall be made for any standing warrants of arrest issued after the
- When there is genuine reason to believe that the occupant/s service.
of the vehicle have just committed, is actually committing or  A senator or member of the House of Representatives shall, in all offenses
is about to commit a crime; or punishable by not more than six years imprisonment, be privileged from arrest
- On the basis of prior information which are reasonably while the congress is in session. No member shall be questioned nor be held
corroborated by other attendant matters. liable in any other place for any speech or debate in the congress or in any
 Violations/infractions of the law during the checkpoint shall be committee thereof.
immediately acted upon following legal procedures. Arrested persons  Diplomaticagents and couriers, under the Vienna Convention on Diplomatic
must be apprised of their constitutional rights. Relations, are not liable to any form of arrest or detention.
 The security of the PNP personnel, and most especially that of the
civilians participating in the checkpoint, must be given due Rule 113 of the Rules of Court
consideration in the planning of the operation. According to the Rule 113 of The Revised Rules of Criminal Procedure
 Asmuch as possible, only the forward/rear security team members (2000), Arrest is the taking of a person into custody in order that he may be bound to
are allowed to display their rifles and should be positioned where they answer for the commission of an offense. It is made by an actual restraint of a person to
can best provide security to the checkpoint team. be arrested, or by his submission to the custody of the person making the arrest (The
 Checkpoint personnel may also provide police assistance in the Revised Rules of Criminal Procedure, Rule 113, Section. 2).
vicinity e.g.. giving directions to inquiring motorists or passersby.
 Designated TL assigned at the checkpoint shall be responsible for the The head of the office to whom the warrant of arrest was delivered for
actuations and behavior of his/her personnel and shall be execution shall cause the warrant to be executed within ten (10) days from its receipt.
accountable under the doctrine of Command Responsibility. The Within ten (10) days after the expiration of the period, the officer to whom it was
 TL must submit an after-checkpoint report immediately upon assigned for execution shall make a report to the judge who issued the warrant. In case
termination of the operation. of his failure to execute the warrant, he shall state the reasons therefor (The Revised
Rules of Criminal Procedure, Rule 113. Section. 4). It is the duty of the officer executing
the warrant to arrest the accused and to deliver him to the nearest police station or jail
Chapter 2. without unnecessary delay (The Revised Rules of Criminal Procedure, Rule 113,
Section. 3). Moreover, any member of the Philippine Bar shall, at the request of the
Arrest
person arrested or of another acting on his behalf, have the right to visit and confer
Arrest is placing a person in custody or under restraint, usually for privately with such person in the jail or any other place of custody at any hour of the day
the purpose of compelling obedience to the law. If the arrest occurs in the or night. Subject to reasonable regulations, a relative of the person arrested can also
course of criminal procedure, the purpose of the restraint is to hold the person exercise the same right (Rule 113, Section. 14).
to answer to a criminal charge or to prevent him from committing an offense
Authority of the Arresting Officer when Making an Arrest
(Encyclopedia Britannica, 2011).
 An officer making a lawful arrest may orally summon as many persons as he
General Guidelines in Making an Arrest
deems necessary to assist him in effecting the arrest. Every person so
According to the Revised PNP Operations Manual (2021), the following are summoned by an officer shall assist him in effecting the arrest when he can
the guidelines in making arrest: render such assistance without detriment to himself (Rule 113, Section. 10).

6
 An officer, in order to make an arrest either by virtue of a warrant, or The officer need not have the warrant in his possession at the time of the
without a warrant, may break into any building or enclosure where the arrest but after the arrest, if the person arrested so requires, the warrant shall
person to be arrested is or is reasonably believed to be, if he is be shown to him as soon as practicable (Rule 113, Section. 7).
refused admittance thereto, after announcing his authority and 2. Method of Arrest by Officer Without Warrant
purpose (Rule 113, Section. 11). When making an arrest without a warrant, the officer shall inform the person to
 Whenever an officer has entered the building or enclosure, he may be arrested of his authority and the cause of the arrest, unless the latter is
break out therefrom when necessary to liberate himself (Rule 113, either engaged in the commission of an offense, is pursued immediately after
Section. 12). its commission, has escaped, flees or forcibly resists before the officer has
 If a person lawfully arrested escapes or is rescued, any person may opportunity so to inform him, or when the giving of such information will imperil
immediately pursue or retake him without a warrant at any time and the arrest (Rule 113, Section. 8).
in any place within the Philippines (Rule 113, Section. 13). 3. Method of Arrest by Private Person
When making an arrest, a private person shall inform the person to be
Warrantless Arrest arrested of the intention to arrest him and cause of the arrest, unless the latter
is either engaged in the commission of an offense, is pursued immediately
The Rule 113 of The Revised Rules of Criminal Procedure (2000)
after its commission, or has escaped, flees, or forcibly resists before the
states that, A peace officer or a private person may, without a warrant, arrest a
person making the arrest has opportunity to so inform him, or when the giving
person on the following grounds:
of such information will imperil the arrest (Rule 113, Section. 9).
1. When, in his presence, the person to be arrested has committed, is
Duties of the Arresting Office
actually committing, or is attempting to commit an offense;
2. When an offense has just been committed, and he has probable The following are the duties of the arresting officers (POP Manual, 2021, Section 2.6.c):
cause to believe based on personal knowledge of facts or
circumstances that the person to be arrested has committed it; and 1. To use at least one Body Worn Cameras (BWCs) and/or Alternative
In cases falling under grounds 1 and 2, the person arrested Recording Devices (ARDs), or a minimum of two devices, or such number as
without a warrant shall be forthwith delivered to the nearest may be necessary;
police station or jail and shall be proceeded against in The BWC/ARD shall be used and activated upon arrival at the place of
accordance with section 7 of Rule 112 of the Revised Rules of arrest to capture and record the relevant incidents during the execution
Criminal Procedure of the warrant. The BWC/ARD shall be worn in a conspicuous location
and in a manner that maximizes the ability to capture a recording of the
3. When the person to be arrested is a prisoner who has escaped from arrest.
a penal establishment or place where he is serving final judgment or 2. To deliver the arrested person without delay to the nearest Police Station or jail
is temporarily confined while his case is pending, or has escaped to record the fact of the arrest;
while being transferred from one confinement to another. 3. To inform the person arrested of the cause of the arrest and the fact that a
warrant had been issued for his/her arrest;
Method of Arrest 4. When a woman is arrested, a policewoman shall conduct the vomplete body
search;
The following are the methods of arrest according to Rule 113 of The
5. When a Child in Conflict with the Law (CICL) is arrested, he/she shall be
Revised Rules of Criminal Procedure (2000):
processed by the Women’s and Children’s Protection Desks (WCPD)
1. Method of Arrest by Officer by Virtue of Warrant. officer and shall immediately be separated from other adult suspects.
When making an arrest by virtue of a warrant, the officer shall inform CICL must be turned over to the LSWDO or other accredited NGOs
the person to be arrested of the cause of the arrest and of the fact within eight hours after apprehension.
that a warrant has been issued for his arrest, except when he flees or 6. If a foreign national is arrested, the arresting officer through his/her COP/Unit
forcibly resists before the officer has opportunity to so inform him, or Commander, shall perform the following:
when the giving of such information will imperil the arrest. a. Inform the Foreign Liaison Division (FLD), Directorate for
Intelligence (DI), PNP Command Center (PCC) and the immediate
higher office through Short Messaging System (SMS) within one
hour upon the arrest;
7
b. Submit a written report of the incident within eight hours to the People of the Philippines, signed by a judge and directed to a peace officer,
the immediate higher office. commanding him to search for personal property described therein and bring it before
7. To inform the person to be arrested of his/her identity, authority and the court. An application for search warrant shall be filed with the following:
the basis of the arrest except when he/she flees or forcibly resists
before the arresting officer has the opportunity to inform him/her or  Any court within whose territorial jurisdiction a crime was committed.
when the giving of such information will imperil the arrest (In case of  For compelling reasons stated in the application, any court within the judicial
arrest without a warrant). region where the crime was committed if the place of the commission of the
8. To inform the person to be arrested either arrested with warrant or no crime is known, or any court within the judicial region where the warrant shall
warrant, of his/her constitutional right to remain silent and that any be enforced.
statement he/she makes could be used against him/her. Also, that
However, if the criminal action has already been filed, the application shall only
he/she has the right to communicate with his/her lawyer or his/her
be made in the court where the criminal action is pending (Rule 126, Section. 2).
immediate family and the right to physical examination;
9. To subject arrested person with or without warrant to a medical A search warrant may be issued for the search and seizure of personal property (Rule
examination prior to temporary detention: 126, Section. 3):
10. To immediately bring to the Police Station for investigation without
unnecessary delay the person arrested without warrant;  Subject of the offense;
11. To ensure that the arrested person is free from torture or physical  Stolen or embezzled and other proceeds, or fruits of the offense; or
abuse;  Used or intended to be used as the means of committing an offense
No torture, force, violence, threat, intimidation, or any other
means which vitiate the free will shall be used against an Requisites for Issuing Search Warrant
arrested person. The bringing of arrested persons to secret A search warrant shall be issued only upon probable cause in connection with
detention places, solitary confinement and the like is prohibited 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
12. To ensure that the former signs a waiver of detention in the presence shall particularly describe the place to be searched and the things to be seized which
of his/her counsel of choice, if the person arrested without a warrant may be anywhere in the Philippines (Rule 126, Section 4). It includes the order
waives his/her right under the provisions of Art 125 of the Revised requiring the use of at least one BWC and one ARD, or a minimum of two devices, or
Penal Code; and such number as may be necessary to capture and record the relevant incidents during
13. To ensure that the waiver is made in writing and signed by the person its execution (POP Manual, 2001, Section 2.7).
arrested in the presence of a counsel of his/ her own choice or a
competent and independent counsel provided by the government if The judge must, before Issuing the warrant, personally examine in the form of
the person arrested waives his/her right against self-incrimination and searching questions and answers, in writing and under oath, the complainant and the
chooses to give his/her statement. witnesses he may produce on facts personally known to them and attach to the record
their sworn statements, together with the affidavits submitted (Rule 126, Section 5). If
Search and Seizure the judge is satisfied of the existence of facts upon which the application is based or
Search and Seizure is used to describe a law enforcement agent’s that there is probable cause to believe that they exist, he shall issue the warrant, which
examination of a person’s home, vehicle, or business to find evidence that a must be substantially in the form prescribed by the Rule 126 of the Revised Rules of
crime has been committed. A search involves law enforcement officers going Criminal Procedure (Rule 126, Section. 6)
through part or all of an individual’s property, and looking for specific items that Validity of Search Warrant
are related to a crime that they have reason to believe has been committed. A
seizure happens if the officers take possession of items during the search A search warrant is valid for ten (10) days from its date. Thereafter it shall be
(Wex Definitions Team, 2021). void (Rule 126, Section 6). The warrant must direct that it be served in the day time,
unless the affidavit asserts that the property is on the person or in the place ordered to
Rule 126 of the Rules of Court be searched, in which case a direction may be inserted that it be served at any time of
According to the Rule 126 of The Revised Rules of Criminal the day or night (Rule 126, Section. 9).
Procedure (2000), a search warrant is an order in writing issued in the name of

8
If, in the implementation of the search warrant, its object or purpose 1. Search Made Incidental to a Valid Arrest
cannot be accomplished in one day, the search shall be continued without let  A person lawfully arrested may be searched for dangerous weapons
up even if it exceeds one day or more until completed, provided it is still within or anything which may be used, or which may constitute proof in the
the ten-day validity period of the search warrant (POP Manual, 2021, Section commission of an offense, without a search warrant (Rule 126 sec.
2.7.b). If the object or purpose of the search warrant cannot be accomplished 13).
within the ten-day validity period, the responsible police officer conducting the  The warrantless search and seizure as an incident to a lawful arrest
search must file, before the issuing court, an application for the extension of may extend beyond the person of the arrested to include the
the validity period of said search warrant (POP Manual, 2021, Section 2.7.b). premises or surroundings under his/her immediate control (POP
Manual, 2021, Section 2.7.1).
Authority of Police Officers when Conducting Search 2. Search of Moving Vehicles
 If the police officers who will conduct the search have reasonable or
The authority of the police officer in the conduct of search generally
probable cause to believe, before the search, that either the motorist
emanates from the Search Warrant issued by the court. In warrantless
is a law offender or they will find the instrumentality or evidence
searches, there should always be a prior valid arrest (POP Manual, 2021,
pertaining to a crime in the vehicle to be searched, the vehicle may
Section 2.7.e). The officer, if refused admittance to the place of directed
be stopped and subjected to an extensive search (POP Manual,
search after giving notice of his purpose and authority, may break open any
2021, Section 2.7.1).
outer or inner door or window of a house or any part of a house or anything
3. Seizure Of Evidence in Plain View
therein to execute the warrant or liberate himself or any person lawfully aiding
 Any object in the plain view is subject to seizure and may be
him when unlawfully detained therein (Rule 126, Section. 7).
introduced as evidence. (POP Manual, 2021, Section 2.7.1).
The officer seizing property under the warrant must give a detailed Requirements under the Plain View Doctrine are
receipt for the same to the lawful occupant of the premises in whose presence - The police officer must have prior justification for an intrusion
the search and seizure were made, or in the absence of such occupant, must, or otherwise, must be in a position from which he/she can view
in the presence of at least two witnesses of sufficient age and discretion a particular area,
residing in the same locality, leave a receipt in the place in which he found the - The discovery of the evidence in plain view is unintentional; and
seized property (Rule 126, Section. 11). The officer must forthwith deliver the - It is immediately apparent to the police officer that the item
property seized to the judge who issued the warrant, together with a true he/she observes may be evidence of a come, contraband, or is a
inventory thereof duly verified under oath (Rule 126, Section. 12). valid subject of seizure.

Prohibited Acts in the Conduct of Search by Virtue of a Search Warrant PNP Investigation Operations

The following are the acts prohibited in the conduct of Search by virtue of The crime scene investigation starts from the arrival of the PNP First
search warrant: Responders (FRS) to the arrival of the Duty Investigator/ IOC and the SOCO-LS Team
until the lifting of the security cordon and release of the crime scene (Standard
 No search of a house, room, or any other premise shall be made Operating Procedure No. ODIDM-2011-008 “Conduct of Crime Scene Investigation).
except in the presence of the lawful occupant thereof or any member
of his family or in the absence of the latter, two witnesses of sufficient Specific Functions, Responsibilities and Procedures in a Crime Scene
age and discretion residing in the same locality (Rule 126, Section. Investigation
8).
 Lawful personal properties, papers, and other valuables not The following are the functions and responsibilities of the investigators during
specifically indicated or particularly described in the search warrant the CSI, as well as the procedures to be observed (POP Manual, 2021, Section 6.1.a):
shall not be taken (POP Manual, 2021, Section 2.7.h).
1. First Responders
Valid Search and Seizures Without Search Warrant  Assess whether the situation still poses imminent danger and call for
backup if necessary.
According to the Revised PNP Operations Manual (2021), the  Immediately conduct a preliminary evaluation of the crime scene,
following are valid search and seizures without search warrant (POP Manual,
2021, Section 2.7.1): his evaluation should include the following:

9
- scope of the incident, necessary security and support to the SOCO Team during the
- Emergency services required, whole process until after the crime scene is released
- scene safety concerns,
- administration of life-saving measures, and  Brief the SOCO TL upon their arrival at the crime scene and jointly
- Establishment of security and control of the scene conduct the preliminary crime scene survey:
 Promptly inform the immediate commander on any updates  Coordinate with the PNP Legal Service for the filing of appropriate
of the situation; motions for the release and disposition of submitted evidence after
 Save and preserve lives by giving the necessary first aid the case is dismissed at the Prosecutor’s Office or terminated or
measures to the injured and their medical evacuation as resolved by the Court.
necessary. They shall likewise secure nd preserve the crime 3. SOCO-Scene of Crime Operations
scene by cordoning off the area to prevent unauthorized  Respond only upon request through the Operations Center and after
entry of persons; the IOC has already made the proper assessment of the crime
 Take the dying declaration or statement of severely injured scene. The SOCO Team shall not join any operations conducted by
person/s. the local police or accompany the FRS or the IOC in going to the
 Make the initial assessment on whether a crime has actually crime scene;
been committed and shall conduct the preliminary interview  Conduct SOCO upon receipt of the request from the concerned
of persons of interest and witnesses to determine what and police unit;
how the crime was committed;  Turn over the crime scene to the 10C/COP for security of the area, in
 Arrest the suspect if present in the area; and case the SOCO Team temporarily suspends the processing. The
 Turnover the crime scene to the duty investigator/ 10C upon COP shall be primarily responsible and accountable for securing the
his/her arrival after he/she has been briefed of the situation. crime scene and ensuring its integrity until the return of SOCO Team
The FR shall prepare and submit the First Responders and the conclusion of the CSI;
Report to the IOC and assist him/ her until the  Perform the final crime scene survey together with the IOC and
investigation is completed and temporarily turned over thereafter provide the 10C the initial results of the crime scene
to the local COP for the continuance of crime scene processing; and
security  Accomplish the Inventory of Evidence Collected Form and furnish the
IOC of copies of the same before leaving the crime scene.
2. Investigator-On-Case (IOC)
 Make a thorough assessment of the crime scene based on 4. Legal Officer
the briefing of the FR;  Decide through searching questions to the COP if the crime reported
 Assume full control and responsibility over the crime scene falls within the definition of Sensational Crime or Serious Election
and conduct inquiry into the incident. If necessary, the 10C Related Incident (ERI) under PNP MC 2013-004.
may extend the search outside of the crime scene;  Go to the crime scene involving Sensational Crime and Serious ERI
If SOCO is not required, he/she may proceed with the and ensure that the applicable laws, rules and regulations during the
CSI ensuring observance of the procedures in the CSI are observed.
collection and preservation of evidence and  Provide the necessary legal assistance in the preparation of
accomplishing CSI forms including persons who complaints, affidavits and other pleadings that will be filed before the
entered the Crime Scene, Significant Persons Present prosecutor’s office.
at the Vicinity of the crime Scene, Evidence Log. Crime
Scene Sketch and Inventory of Evidence Collected
 Present the written Request for the Conduct of SOCO to the
SOCO TL; and
Special SOCO Procedures
The SOCO Team shall not process the crime scene
unless the request has been received indicating that the According to the Revised PNP Operations Manual (2002), in cases where the
concerned police unit shall remain and provide all the evidence gathered needs special processing due to significant or sensational cases,
the specialists from the CL shall be requested.
10
1. In bombing cases, the EOD personnel should first clear the area founded belief that a crime has been committed and the respondent is
prior to entry of the SOCO Team. The preliminary survey and crime probably guilty thereof, and should be held for trial.
scene processing shall be jointly conducted by EOD personnel, 10C Section 1 of Rule 112 a preliminary investigation is required to be
and SOCO Team. All evidence collected must be pre-cleared by the conducted before the filing of a complaint or information for an offense
EOD Team prior to disposition; where the penalty prescribed by law is at least four (4) years, two (2)
2. In suspected or reported chemical, biological, radiological or months and one (1) day without regard to the fine.
nuclear (CBRN) situations, the SOCO shall directly coordinate with
the Special Rescue Team of the BFP and other appropriate  For all other offenses, by filing the complaint or information directly with the
government agencies. Municipal Trial Courts and Municipal Circuit Trial Courts, or the complaint with
3. In a mass victim situation, the Regional/District SOCO who has the office of the prosecutor. In Manila and other chartered cities, the complaint
jurisdiction over the area, in addition to their function, shall act as the shall be filed with the office of the prosecutor unless otherwise provided in
FR to the Interim Disaster Victim Identification Task Group (IDVITG) their charters.
of the PNP CL. The IDVITG shall immediately assess the forensic A complaint is a sworn written statement charging a person with an
specialists needed to be deployed at the crime scene and relay the offense, subscribed by the offended party, any peace officer, or other
requirements to the PNP CL. Headquarters. public officer charged with the enforcement of the law violated
4. The SOCO, in coordination with IOC, has motu proprio authority to An information is an accusation in writing charging a person with an
direct all operating units involved in the police operation to submit offense, subscribed by the prosecutor and filed with the court
their respective personnel for forensic examination, their service
firearms for ballistic tests and other pieces of evidence involved to
expedite the investigation of the case. Components of Sufficient Complaint or Information

Policy Guidelines on Processing of Persons Present at The Crime Scene A complaint or information is sufficient if it states the name of the accused; the
during Post-Incident Situations designation of the offense given by the statute; the acts or omissions complained of as
constituting the offense; the name of the offended party; the approximate date of the
As soon as the perpetrators surrender, or when they are captured or commission of the offense; and the place where the offense was committed. When an
arrested, the IC shall ensure that the following are accomplished (POP offense is committed by more than one person, all of them shall be included in the
Manual, 2021, Section 6.1.c): complaint or information (Rule no, Section 6).

 Processing, Debriefing and Documentation of the Victims  Name of the Accused- The complaint or information must state the name and
Perpetrators: Witnesses; and Key participants in the incident. surname of the accused or any appellation or nickname by which he has been
 Venue of Processing, Debriefing and Documentation or is known. If his name cannot be ascertained, he must be described under a
- Considering the instability of the situation, the safety of the fictitious name with a statement that his true name is unknown (Rule 110,
responders and persons found at the scene of the crime, Section 7).
and the preservation of the place of incident, the venue of  Designation of the Offense The complaint or information shall state the
the processing, debriefing and investigation shall be at a designation of the offense given by the statute, aver the acts or omissions
neutral and secured place. constituting the offense, and specify its qualifying and aggravating
circumstances. If there is no designation of the offense, reference shall be
Rule 110 of the Rules of Court made to the section or subsection of the statute punishing it (Rule 110, Section
8).
According to Rule 110 of The Revised Rules of Criminal Procedure
 Cause of the Accusation The acts or omissions complained of as constituting
(2000), criminal actions shall be instituted as follows (Rule 110, Section 1):
the offense and the qualifying and aggravating circumstances must be stated
 For offenses where a preliminary investigation is required pursuant to in ordinary and concise language and not necessarily in the language used in
Section 1 of Rule 112, by filing the complaint with the proper officer the statute but in terms sufficient to enable a person of common understanding
for the purpose of conducting the requisite preliminary investigation. to know what offense is being charged as well as its qualifying and
Preliminary investigation is an inquiry or proceeding to aggravating circumstances and for the court to pronounce judgment (Rule 110,
determine whether there is sufficient ground to engender a well Section 9).

11
 Place of Commission of the Offense The complaint or information The Republic Act 7438 (1992) is an act defining certain rights of persons
is sufficient if it can be understood from its allegations that the arrested, detained or under custodial investigation, as well as the duties of arresting,
offense was committed or some of the essential ingredients occurred detaining, and investigating officers. It is in congruence with the policy of valuing the
at some place within the jurisdiction of the court unless the particular dignity of every human being and guaranteeing full respect for human rights (RA 7438,
place where it was committed constitutes an essential element of the 1992, Section 1).
offense or is necessary for its identification. (Rule no, Section 10).
 Date of Commission of the Offense-It is not necessary to state in Rights of Persons Arrested, Detained or Under Custodial Investigation
the complaint or information the precise date the offense was
Here are the following rights under RA 7438 and RA 9745, of Persons
committed except when it is a material ingredient of the offense. The
Arrested, Detained or Under Custodial Investigation:
offense may be alleged to have been committed on a date as near as
possible to the actual date of its commission (Rule 110, Section 11). 1. He/she has the right to remain silent. If he/she waives his/ her right to remain
 Name of the Offended Party- The complaint or information must silent, anything he/she says can be used in evidence against him/her in court;
state the name and surname of the person against whom or against 2. He/she has the right to counsel of his/her own choice. If he/she cannot afford
whose property the offense was committed, or any appellation or one, he/she shall be provided with an independent and competent counsel;
nickname by which such person has been or is known. If there is no 3. He/she has the right to demand physical examination by an independent and
better way of identifying him, he must be described under a fictitious competent doctor of his/her own choice, before and after
name (Rule 110, Section 12). interview/questioning. If the person arrested is a female, she shall be attended
to preferably by a female doctor. If he/she cannot afford one, he/she shall be
Place Where Criminal Action is to be Instituted
provided with a competent and independent doctor to conduct physical
The criminal action shall be instituted and tried in the court of the examination;
municipality or territory where the offense was committed or where any of its 4. The State shall endeavor to provide him/her with psychological evaluation if
essential ingredients occurred. Here are the following guidelines as to the available under the circumstances (RA 9745, 2009, Section. 12);
place where criminal action is to be instituted (Rule 110, Section 15): 5. He/she, including his/her immediate family, have the right to immediate access
to proper and adequate medical treatment; and
 Where an offense is committed in a train, aircraft, or other public or 6. He/she has the right to be informed of such rights.
private vehicle while in the course of its trip, the criminal action shall
be instituted and tried in the court of any municipality or territory Duties of the Police during Custodial Investigation
where such train, aircraft or other vehicle passed during such its trip,
The following are the duties of the Police during Custodial Investigation
including the place of its departure and arrival.
according to the section 2 of RA 7438 of 1992:
 Where an offense is committed on board a vessel in the course of its
voyage, the criminal action shall be instituted and tried in the court of 1. The arresting officer, or the investigator, as the case may be, shall ensure that
the first port of entry or of any municipality or territory where the a person arrested, detained or under custodial investigation shall, at all times,
vessel passed during such voyage, subject to the generally accepted be assisted by counsel, preferably of his own choice;
principles of international law. 2. The arresting officer, or the investigator, as the case may be, must inform the
 Crimes committed outside the Philippines but punishable under person arrested, detained or under custodial investigation of the following
Article 2 of the Revised Penal Code shall be cognizable by the court rights under RA 7438 and RA 9745 in a language or dialect known to and
where the criminal action is first filed. understood by him/her;
3. If the person arrested, detained, or under custodial investigation opted to give
Custodial Investigation
a sworn statement, the arresting officer, or the investigator, as the case may
Custodial investigation is the practice of issuing an “invitation” toa be, must reduce it in writing and in the presence of his/her counsel;
person who is investigated in connection with an offense he is suspected to 4. The arresting officer must ensure that, before the sworn statement is signed,
have committed, without prejudice to the liability of the “inviting” officer for any or thumb marked, if there is inability to read and to write, the document shall
violation of law (RA 7438, 1992, Section 2). be read and adequately explained to the person arrested, detained or under
custodial investigation by his/her counsel of choice, or by the assisting counsel
Republic Act 7438 of 1992 provided to him/ her, in the language or dialect known to him/her;

12
5. The arresting officer, or the investigator must ensure that any The Crisis Management Committee (CMC) is primarily concerned with the formulation
extrajudicial confession made by a person arrested, detained or of crisis management procedures, integration and orchestration of government,
under custodial investigation shall be; military/police and public efforts towards the prevention and control of crisis incidents.
Failure of the arresting officer, or the investigator, to observe the All actions and decisions taken by the CMC shall be within the policies laid down by the
above-mentioned procedures shall render the extrajudicial corresponding Peace and Order Councils (POCs). The Incident Command System
confession inadmissible as evidence in any proceeding (ICS) provides guidance to the PNP’s roles on how to organize its assets to respond to
a. In writing; an incident and processes to manage the response through its successive stages (POP
b. Signed by such person in the presence of his/her counsel; Manual, 2021, Section 4.1).
or
c. In the latter’s absence, upon a valid waiver, and in the Types of Critical Incidents
presence of any of the parents, elder brothers and sisters,
According to the Revised PNP Operations Manual (2021), there are two types
his/her spouse, the municipal mayor, the municipal judge,
of critical incidents, they are:
district school supervisor, priest, imam or religious minister
chosen by him/ her. 1. Natural Disaster Incidents
6. The arresting officer, or the investigator, as the case may be, must, These includes:
under established regulations, allow the person arrested, detained, or  Floods.
under custodial investigation visits by or conferences with any  Landslides,
member of his/her immediate family, any medical doctor, priest, imam  Volcanic Eruption;
or religious minister chosen by him/her or by any member of his/her  Earthquake,
immediate family or by his/her counsel, or by any local NGO duly  Tidal Wave;
accredited by the Commission on Human Rights (CHR) or by any  Tsunami;
international NGO duly accredited by the Office of the President.  Storm surge
His/her “immediate family” shall include his/ her spouse, parent or  Forest fire;
child, brother or sister, grandparent or grandchild, uncle or aunt,  Drought;
nephew or niece, guardian or ward, and fiancé or fiancée.  Meteorite impact;
 Tornado; and
 Other natural hazards that may lead to colossal loss of property and
CHAPTER 3 lives.

PNP Critical Incident Management Operational Procedures (CIMOP) In the event of natural calamity and disaster, the PNP shall act as the first
responder in the affected area in order to provide area security and support in the
As discussed from the previous chapter, Public Safety Operations conduct of search, rescue and retrieval operations to be spearheaded by the area
include critical incident management procedures, search, rescue and retrieval DRRMCS (POP Manual, 2021, Section 4.1).
operations, hostage situation, civil disturbance management operation,
management of health hazards and other operations that promote public 2. Human Induced Incidents
safety (POP Manual, 2021): The PNP, being at the forefront of crisis situations, These includes:
must play an active role by organizing its own Critical Incident Management  Abduction involving prominent personalities,
Committee (CIMC) to support the National and Local Peace and Order Council  Attacks on vital installations, communities, and
(NPOC) and National and Local Disaster Risk Reduction and Management  Prominent personalities;
Council (NDRRMC).  Jailbreaks;
 Heinous crimes like assassination, ambush involving prominent
As a matter of policy human-induced (man madej critical incidents are personalities;
the responsibilities of the National and Local Peace and Order Council  Robbery hold-up, armored van robbery, and bank robbery
(POC) while natural calamities and disasters are re responsibilities of the perpetrated by syndicated groups;
National and Local Disaster Risk Reduction and Management Council  Election Related Violent Incident (ERV); Major Events (International
(NDRRMC). and National);
 Terrorism;
13
 Conflagration Incidents, 2. Level 2 (Moderate) – Human-induced critical incident is possible, but not
 Major Road Accidents, likely
 Mass Transport Accidents; 3. Level 3 (High) – There is a strong possibility that human- induced critical
 Aircraft Hijackings: incidents may occur within a short period of time.
 Sea Mishaps; 4. Level 4 (Extreme) – A human-induced critical incident has just occurred or
 Bombings; has just been preempted.
 Indiscriminate active shooting;
 Mass actions; Human-Induced Escalation Protocols
 Mass poisoning: To carry out the mandates of the PNP CIMC on human-induced (man-made)
 Drone attack; incidents, Critical Incident Management Task Groups (CIMTG) shall be organized and
 Gas leaks; replicated at the regional level down to the City/Municipal Level following the ICS
 Nuclear and Radiation Accidents; structure. At the Regional/ Provincial/City/Municipal level, the PNPs response to any
 Chemical and Biological Disaster; crisis will be to activate the CIMTG for human-induced incidents and the DIMTG for
 Cyber-attacks; natural disasters. The Regional Director/Provincial/ City Director/ COP shall have the
 Epidemic and Pandemic; authority to activate the CIMTG or DIMTG (POP Manual, 2021, Section 4.1)
 Stampede;
 Industrial Accident; To attain a smooth transition of command responsibility, the Human-Induced Escalation
 Oil spills; and Protocol will be followed (POP Manual. 2021, Section 4.1):
 Other similar human-induced critical incidents that may
result in human casualties and/or mass destruction of 1. Municipal/City (MPS/CPS Numbered PS)
properties and environment.  Local PNP and Local CMC are in control of the situation; and
 Appropriate resources are available and capable at either Municipal
In the event of human induced incidents, the PNP shall respond to or Barangay Level.
two different situations: 2. Provincial/District PPO/DPO
 Local PNP at the Municipal/City Level are unable to resolve the crisis
 To manage an incident that could be resolved by ordinary police within their capabilities;
response without the involvement of the Crisis Management  Municipal/City CMC recommends elevation of the crisis level;
Committee (CMC);  Situation requires employment of security forces and utilization of
 To manage an incident that needs a CMC-directed operation resources of the provincial level organization and beyond; and
requiring the implementation of special tasks by one or more of the  Incident affects two or more municipalities within the same
urgent services of the Philippine government. province/district.
- Both actions of the PNP in either situation follow the ICS 3. Regional (PRO/NCRPO)
operational procedures  Situation requires employment of security forces and utilization of
resources of the Regional level organizations;
All actions of the PNP in addressing these critical incidents are in
 Upon the recommendation of the Provincial CMC;
support to the POC CMCs and DRRMCs with common objectives of saving
lives and properties, resolution of the critical incidents at the earliest possible  Incident involves foreign nationals, either perpetrators or victims; and
time, and restoration of normalcy in the affected areas (POP Manual, 2021,  Incidents affects two or more provinces/districts within the same
Section 4.1). region
4. National (NHQ)
Alert Levels During Human-Induced Critical Incident  Terrorism attack resulting into mass casualties;
 Upon recommendation of the Regional CMC;
Here are the alert levels during human induced incidents (POP Manual, 2021,  Incident involves foreign national/s, either perpetrators or victims;
Section 4.1):  National Security issues are at stake, such as food, water, energy,
critical transportation and communication structure, and environment
1. Level 1 (Low) – There is no information to suggest a specific human-
are threatened; and
induced critical incident may occur.

14
 Incident affects NCR, or two or more regions. However, the Until such time that he/she officially designates a spokesperson, he/she
Task Group Commanders/RDs remain in command in their may issue appro priate press statements and continue to perform the
respective PROS. role of the spokesperson
a. The IC shall, upon assessment of the situation, prepare necessary
Hostage Situation plans including but not limited to the following:
 Emergency Response Plan depends on the threat posed
According to the PNP Hostage Negotiation Handbook (2011),
by the hostage-takers and the need of the HNT and IC.
Hostage-taking is a situation in which the perpetrators hold person(s) captive
 Breakout Plan possibility of breakout shall be considered
against their will as bargaining chips in a known location, refusing the
immediately upon drawing up of negotiation strategy. This
demands of the authorities to surrender. Hostage-taker/s is/are an individual or
should be considered as one of the priority plans.
group of persons who hold another person(s) against his/her/their will as
 Delivery Plan in case the hostage- takers change plans in
bargaining chips for purposes of demanding certain amount of money, self
the middle of the execution.
protection, thwarting any police action. Or pursuing personal interest or that of
 Surrender Plan shall be drawn up in a way that the
the general public (PNP Hostage Negotiation Handbook, 2011). Hostage is an
Hostages’ lives will not be jeopardized.
individual who has been held by the perpetrators against his/her will (PNP
 Hostage Reception/Release for security reasons, released
Hostage Negotiation Handbook, 2011).
hostages shall be contained and isolated.
Guidelines and Procedures in Handling a Hostage Situation  Collection Plan safety of the police personnel involved is
the priority consideration.
According to the Revised PNP Operations Manual (2021), in handling
hostage situations, the following guidelines and procedures shall be b. In handling hostage situations, the IC shall be guided by the following
undertaken: courses of actions:
Negotiate
1. First Responders (FR)
- Situation must be stabilized first before the start of the negotiation.
a. Secure the incident scene and establish perimeter security.
- All attempts to negotiate must be done by remote means.
b. Give a situation update to the concerned Tactical Operations
- Adherence to the basic policy on safety of the hostage shall be
Center (TOC) and inform the Hostage Negotiation Team
(HNT) for possible deployment. paramount.
c. Do not allow unauthorized persons at the incident scene. - Do not allow outsiders (non-law enforcement officers) into the
d. Gather information about the hostage-taker and hostage(s) negotiation process unless their presence is extremely necessary in
from witnesses. the solution of the crisis. If so, they shall be properly advised on the
e. Re-route traffic flow (if necessary). Do’s and Don’ts of the hostage negotiation.
f. Evacuate all persons within the vicinity of the incident scene. - Provide relevant information to the tactical teams.
g. Clear areas for use by other responders. - All communication with the hostage-taker must be secured and
h. Establish Advanced Command Post (ACP). protected.
i. Initiate contact with the hostage taker through any available - Always adhere to the ethics of negotiation.
means. If the situation becomes volatile, request for
deployment of HNT. However, at any given time, if the Arrest
hostage taker is neutralized, the HNT may no longer be - Effect the arrest of the hostage- taker when the situation warrants.
necessary. - Restrain the hostage-taker and conduct thorough search on his/ her
j. Brief the TL, HNT of the situation and turn-over the conduct body and the immediate vicinity of the incident scene.
of negotiation. - Inform the arrested person of the circumstances of his/ her arrest,
k. Stay at the incident scene to maintain security, crowd and and recite the Miranda warning, and anti-torture warning.
traffic control, preserve evidence and take custody of - All evidence must be secured and properly documented.
witnesses - Use reasonable force in arresting the hostage-taker.
2. Incident Commander (IC) There shall be only one IC holding at - Facilitate the transport of the hostage-taker to the nearest police
least a senior rank and/or one with experience in hostage/ crisis station.
situations or relative training.
15
After the neutralization of the hostage-taker/s and rescue of the hostage/s, the following
Tactical Assault processing and debriefing procedures shall be undertaken (POP Manual, 2021, Section
- It may be resorted to if the hostage-taker poses imminent 4.2):
danger of causing death or injury to the negotiator or
hostage.  Clear and secure the crime scene to avoid contamination of evidence;
- When all peaceful means were utilized and failed, and the  Evacuate the hostages and other injured persons; Conduct crime scene
hostage-taker is determined to become more violent. investigation.
 Conduct debriefing on the hostages and participating personnel;
- When peaceful resolution of the incident becomes
 Take the sworn statement of witnesses, hostages, hostage-taker, and key
impossible.
participants in the incident:
 Initiate case conferences to facilitate filing of cases,
3. Hostage Negotiation Team (HNT)- Negotiators shall be designated
 Issue press statements;
by IC. No one shall be allowed to talk to the hostage-taker without
 Submit reports to higher headquarters; and
clearance from the Negotiator or IC. The HNT shall:
 Deactivate the CMC and CIMTG.
The HNT is directly under the control and supervision of the IC
The HNT consists of the team leader/coordinator, primary Bomb Threat
negotiator, secondary negotiator, intelligence liaison/re corder
and board negotiator According to the Revised PNP Operations Manual (2021), Bomb Threat is
either a written or verbal threat communicated through electronic, oral or other means
a. Set-up Negotiation Operation Center (NOC); that threatens to place or use an IED at a certain time, date or place against any person
b. Initiate contact with the hostage-taker and obtain other or place. Bomb is a container filled with explosive, incendiary material, smoke, gas, or
information; other destructive substance, designed to explode. It can appear obvious or concealed
c. Give updates to the IC and brief him/her of the current and it can vary in size, shape sophistication and may not necessarily explode such as
situation; in the case of incendiary and dirty bombs. It may be referred to as improvised
d. Evaluate the necessity of resorting to other option without explosives device (IED) or ordnance (POP Manual, 2021).
compromising the safety of the hostage(s):
e. Recommend for activation of CMC and deployment of Bomb Incident Emergency Response
CIMTG as necessary;
Bomb Incident Emergency Response is a systematic reaction performed
f. Facilitate all deliveries, hostage receptions, and release and
wherein render safe procedures and/or techniques are applied by certified bomb
possible surrender of hostage-taker, and
technicians to prevent or mitigate the functioning of a hazardous device/material and
g. Attend all meetings called by the CMC or IC.
respond to all forms of explosive related incidents (POP Manual, 2021).
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 Guidelines and Procedures for First Responder on Bomb Incident Emergency
operation.
5. Crowd Control- A crowd control team shall be deployed to manage 1. Upon Receipt of Any Bomb Threat
and control the crowd and augment the first responders in securing a. Treat all threats as serious until proven otherwise;
the perimeter. b. Determine the exact location of the establishment under threat;
6. Support Personnel- Support personnel shall include those in charge c. Proceed immediately to the scene;
of managing traffic, firefighting, providing medical emergency d. Coordinate with the security manager or administrator;
assistance, crime scene processing and rescue. e. Conduct visual search in the area and isolate the specific place, if
necessary, when a suspicious item is located without causing panic;
f. Alert the Explosive Ordnance Disposal/K9 (EODT/K9).
g. Notify Higher Headquarters (HHQ) of any development and continue
Debriefing Procedures After the Hostage Taking Situation giving updates;
h. Brief the EOD/K9 team upon arrival and assist if necessary, and

16
i. Provide security at the scene until such time when the
EOD/K9 team declares the area is cleared of any  Cordon the area at least 150 meters from the location of explosion;
incendiaries or explosives.  Assist in the immediate evacuation of the injured if possible,
 Direct occupants of the establishment to evacuate;
 Maintain order and crowd control;
 Seal off location until the EOD/K9 team determines if a secondary
2. If a Suspected Item is Found
device exists;
a. This is after a suspected item is found and the EOD/ K9
 Conduct rescue operations at the scene upon clearance of the EOD/K9
recommended an evacuation from the affected area.
team; Assist the Post-Blast Investigation (PBI) team and SOCO team
b. Coordinate with the management or administrator to identify
upon clearance from the EOD/K9 team;
the safety areas for evacuation;
 Submit initial incident report immediately with the following information:
c. Assist in the evacuation of people without causing panic
while the EOD/K9 conducts paneling procedures; - Time when the call for bomb threat was received;
d. Cordon the isolated area to prevent entry of unauthorized
persons; and - Time of detonation/explosion; and
e. Coordinate with the management once the EOD/Kg
declares the area as cleared and assist the people in - Description of type of device.
resuming their businesses.
 Identify any witnesses and bring them to the nearest police station to
obtain their statement;
3. If the Presence of an Explosive Component is Confirmed
a. This is after EOD/K9 confirmed the presence of an explosive  Avoid issuing “speculative” press releases or statements; and
component or Improvised Explosive Device (IED).
b. Report the progress of the incident to the Tactical  Ensure cooperation with the IOC.
Operations Center (TOC) for the following
 Summon ambulance and fire trucks to the scene; Public Assembly
and Public Assembly refers to any rally, demonstration, march, parade held in
 Request for deployment of additional police public place for the purpose of presenting a lawful cause; or expressing an opinion to
personnel to establish traffic control, crowd control the general public on any particular issue, or protesting or influencing any state of
and security. affairs whether political, economic or social or petitioning the government for redress of
d. Lock down the affected area to a distance of at least 300 grievances (POP Manual, 2021)
meters away

4. In case of Bomb Explosion


a. Upon receipt of the report: General Policies On Public Assembly
 Identify exact location of the incident and proceed
Here are some of the general policies on Public Assembly (POP Manual,
to the scene immediately;
2021, Section 4.5.a):
 Direct EOD/K9 teams to proceed to the area;
 Notify HHQ of the situation; 1. The PNPadheres to the Code of Conduct for Law Enforcement Officials that
 Report the incident to the TOC for the following requires law enforcement officials to respect and protect human dignity, maintain,
- Summon ambulance, fire trucks and SOCO team and uphold the human rights of all persons, and limit the use of force to situations
to the scene and other resources as may be where it is strictly necessary and to the extent required for the performance of
determined: their duty.
- Request for deployment of additional police 2. Public assemblies held in freedom parks or on private property do not need a
personnel to establish traffic control, crowd control permit for the activity.
and security 3. The PNP shall provide police assistance only when requested by the leaders or
organizers for maintenance of peace and order or to ensure the safety of those
B. Upon arrival at the scene: participating in the public assemblies held in freedom parks or on private property
17
4. A public assembly held in a public place must have a permit from the operations shall be properly documented with video and photo coverage (POP Manual,
mayor of the city or municipality exercising jurisdiction over the place 2021, 4-5).
where it will be held.
5. A public assembly held with or without a permit may be peacefully Prohibited Acts During a Public Assembly
dispersed
The following acts are prohibited during Public Assembly according to Section
A public assembly with a permit may be dispersed if the same is 13 of The Public Assembly Act of 1985;
being held in violation of the terms and conditions imposed in the permit
1. Obstructing, impeding, disrupting or otherwise denying the exercise of the right
in both cases, before conducting any dispersal operation the PNP shall
to peaceful assembly,
notify the concerned organizers and leaders of the public assembly
2. The unnecessary firing of firearms by a member of any law enforcement agency
6. Lightning demonstrations or rallies in areas where public assembly is
or any person to disperse the public assembly,
prohibited shall be dispersed peacefully,
Should any of the participants refuse to disperse voluntarily or 3. Acts described hereunder if committed within 100 meters from the area of
violate any law or ordinance during an unauthorized public assembly, activity of the public assembly:
they shall be taken into police custody and be charged accordingly.
a. The carrying of a deadly or offensive weapon or device such as firearm,
7. Ground Commanders are responsible for determining whether there is a pillbox, bomb, and the like,
permit for the holding of the public assembly.
b. The carrying of a bladed weapon,
8. Maximum tolerance shall be exercised in the conduct of dispersal
operations. c. The malicious burning of any object in the streets or thoroughfares;
Guidelines in Dealing with Public Assembly d. The carrying of firearms by CDM contingents;
According to the Revised PNP Operations Manual (2021), To ensure e. The interfering with or intentionally disturbing the holding of a public
the protection, safety and welfare of the public and demonstrators as well, the assembly by the use of a motor vehicle, its horns and loud sound
following must be observed: systems
1. Confined Assemblies in Private Property (churches, schools, etc.) f. The drinking of liquor or alcoholic beverages; and
a. Initiate the conduct of dialogue with the leaders/ organizers.
b. Secure and maintain order within the perimeter. g. Gambling of any kind.
2. Confined Assemblies in Freedom Parks
a. Initiate the conduct of dialogue with the leaders/organizers. PNP Special Operations
b. Secure and contain the area within the limits of the permit to
Special Police Operations include high-risk checkpoint and roadblock
ensure the orderly and peaceful conduct of the assembly.
operation, police assistance in the implementation of order from the court and other
3. Mobile Assemblies in a Private Area
quasi-judicial bodies, security to major and special events, aircraft hijacking operations,
a. Initiate the conduct of dialogue with the leaders/organizers.
visit, board, search and seizure of marine vessels, and similar police operations that are
b. Secure and maintain order within the perimeter.
conducted by police units with specialized training on the peculiarity of the mission or
4. Marches and Motorcades along Public Thoroughfares
purpose (POP Manual, 2021).
a. Initiate the conduct of dialogue with the leaders/organizers.
b. Request for the permit from the leaders/ organizers if the
local ordinance of the area requires one.
c. Ensure the orderly and peaceful conduct of the marches and
motorcades to ensure public safety and to prevent
compromise of public convenience. Labor Disputes

There shall always be a designated Ground Commander at the rally Labor disputes refers to any controversy or matter concerning terms or
site. If necessary, provide a medical team to extend assistance; and All CDM conditions of employment or the association or representation of persons in negotiating,

18
fixing, maintaining, changing, or arranging the terms and conditions of escorts are to be provided, the other party shall be informed accordingly. All
employment, regardless of whether the disputants stand in the proximate escorts shall be in prescribed uniform.
relation of employer and employee (Joint DOLE-PNP-PEZA Guidelines in the 8. During the pendency of a strike/lockout, the police personnel concerned are
Conduct of PNP Personnel during Labor Disputes, 2011). prohibited from socializing with any of the parties involved in the controversy.

General Policy and Guidelines During Labor Dispute Demolition and Ejectment Orders

According to the Revised PNP Operations Manual (2021), the Demolition refers to the dismantling by the Local government Unit (LGU), any
following are some of the general guidelines during a labor dispute: legally authorized agency or personnel of the government of all structures within the
premises subject for clearing (PCUP Operations Manual, 2015). Eviction refers to the
1. The involvement of PNP personnel during strikes, lockouts and removal of a person and their belongings from a subject building, structure or area or
labor disputes in general shall be limited to the maintenance of peace removal or both (PCUP Operations Manual, 2015).
and order, enforcement of laws, and implementation of legal orders of
the duly constituted authorities. General Guidelines of Police Assistance During Enforcement of Demolition and
2. In case of actual violence, the police can respond without the written Ejectment Orders
request.
The following are the general guidelines for Police assistance during enforcement of
Labor Strike means any temporary stoppage of work by the concerted demolition and ejectment orders (POP Manual, 2021, Section 5.2)
action of the employees as a result of an industrial or labor dispute.
Lockouts means the temporary refusal of an employer to furnish work as 1. Police assistance in the enforcement or implementation of a demolition or
a result of an Industrial or labor dispute. ejectment order shall be granted only upon a written request of the Sheriff or
equivalent officer in quasi-judicial and administrative bodies accompanied by a
3. No PNP personnel shall be allowed to render police assistance in valid order issued by a competent court, quasi-judicial or administrative body
connection with a strike or lockout if there is question or complaint as and, when required, with written permission from the Local Housing Board in
regards his/her relationship by affinity or consanguinity to any accordance with Executive Order (EO) 708 amending EO 152 and
official/leader of the parties in the controversy or if he has financial or Department of Interior and Local Government (DILG) Memo Circular No.
pecuniary interest therein. 2008-143 (POP Manual, 2021, Section 5.2.b).
4. PNP personnel detailed as peace-keeping force in strike or lockout
areas shall wear the prescribed police uniform Ejectment is a common law cause of action by a plaintiff who does not actually
5. They shall exercise maximum tolerance and when called for by the possess a piece of real property but has the right to possess it against a
situation or when all other peaceful and non-violent means have been defendant who is in actual possession of the property For instance, an action of
exhausted, police officers may employ such means as may be ejectment is available to a landowner whose real property has been wrongfully
necessary and reasonable to prevent or repel an aggression. taken. The plaintiff must prove their right to exclu sive possession of the
6. The matter of determining whether a strike, picket or lockout is legal property by showing proof of paramount title. A paramount title is a title that
or not should be left to the Department of Labor and Employment would win over another title in an action or a title that can be successfully
(DOLE) and its appropriate agencies. PNP personnel should not asserted against another person’s title.
interfere in a strike, picket, or lockout, except as herein provided.
The proponent shall only be provided with police assistance upon presentation
Picket refers to the right of workers during strikes consisting of the of Certifica tion from the Local Housing Board that requirements under RA 7279
marching to and from before the premises of an establishment involved are complied with for urban areas. Moreover, said police assistance shall be
in a labor dispute, generally accompanied by the carrying and display of coordinated with the concerned LCE before its enforcement. In no case shall a
signs, placards or banners with statements relating to the labor dispute. demolition involving informal settlers be effected without a pre-demolition
conference with the presence of all parties involved.

2. The conduct of pre-demolition conference in cases where the affected


7. No personal escort shall be provided to any of the parties to the families are informal settlers shall be mandatory before the provision of police
controversy unless upon written request from DOLE. Whenever assistance.

19
Pre-Demolition Conference shall be convened and conducted by the
PCUP at least three (3) days or seventy two (72) hours prior to the
scheduled date of Demolition and/or eviction. CHAPTER 4.
3. The duties of PNP personnel in any demolition or ejectment activity
Bureau of Fisheries and Aquatic Resources
shall be limited to the maintenance of peace and order, protection of
life and property, and enforcement of laws and legal orders. The Bureau of Fisheries and Aquatic Resources (BFAR) is attached agency of the
4. PNP personnel tasked to provide police assistance shall be in Department of Agriculture. It is responsible for the development, improvement,
prescribed uniform during the actual demolition. They shall be limited management, and conservation of the country’s fisheries and aquatic resources
only to occupying the first line of law enforcement and civil (Official Gazette, n.d.). It was reconstituted as a line bureau by virtue of Republic Act
disturbance control; shall not participate in the physical dismantling of No. 8550 also known as the Philippine Fisheries Code of 1998. An
any structure subject of demolition; and shall use only necessary and
reasonable force. Mission, Vision, and Objectives of BFAR

Procedures in the Enforcement of a Demolition and/or Ejectment Order The mission of BFAR is to ensure sustainable use of fisheries and aquatic
resources by empowering fisherfolk towards productivity and resiliency. Its vision is an
According to the Revised PNP Operations Manual (2021), the Institution of excellence in sustainable fisheries management and innovative services
following are the procedures in the enforcement of a demolition and/or contributing to the nation’s food security and improving fisherfolk quality of life (BFAR,
Ejectment order: 2014).
 Risk and threat assessment shall be conducted; The Strategic Objectives of BFAR are (BFAR, 2014):
 PNP personnel should be informed of the prevailing situation and 1. Improve Sustainability
their tasks, To lead the institutionalization of fisheries governance through Fisheries
Management Areas anchored on Ecosystems Approach to Fisheries Management
 Strict observance of Human Rights must be adhered;
(EAFM) while implementing science-based policies, strict enforcement of fishery
 As much as practicable, the Chief of Police (COP) shall lead the laws and regulations and wide fishery stakeholders’ participation.
PNP contingent detailed to assist the Sheriff or equivalent officer
2. Improve Empowerment
during the demolition/ejectment activity,All PNP personnel involved
shall desist from the use of any unnecessary force or any act that To capacitate fisherfolk through implementation of holistic, gender-
may harm, harass, or terrorize the affected parties; responsive programs on fisheries technology, entrepreneurship, extension and
digitalization towards global competitiveness.
 The mode of participation shall be limited to the maintenance of
peace and order during the entire demolition/ejectment activity, 3. Improve Productivity
ensuring the protection of all parties from harm and injury; To enhance productivity in the fisheries sector through gender-responsive
innovative technologies, market-driven programs and services.
 Tear gas, water cannons, and reasonable force shall be used only
4. Improve Resiliency
when all other peaceful and non-violent means have been
To enhance programs capacitating the fishery sector to become climate
exhausted.
resilient and coping with the needs of time.
 Any PNP member whose families are affected with the demolition or
Powers and Function of BFAR
ejectment shall adhere to the order issued by competent authority.
In no case shall a PNP member intervene during the According to the Philippine Fisheries Code of 1998, the BFAR has the following
implementation of such order or enforcement of demolition and/or functions (RA 8550, 1998, Section 65):
ejectment; and
 Prepare and implement a Comprehensive National Fisheries Industry
 The COP shall ensure the presence of fire and medical teams in the Development Plan.
activity area.

20
The Comprehensive National Fisheries Industry Development Plan  Coordinate efforts relating to fishery production undertaken by the primary
(CNFIDP) is designed to provide the comprehensive framework for fishery producers, LGUs, Fisheries and Aquatic Resources Management
promoting optimal development and long-term sustainability of benefits Councils (FARMCs), fishery and organizations/cooperatives,
derived by the Philippines from its fisheries It satisfies three main
requisites of a national fisheries plan First, it contains all the critical Fisheries and Aquatic Resources Management Councils (FARMCs) is composed
planning elements, including comprehensive situational assessments, of representatives of the local municipal fisherfolk. They are involved in the
exhaustive problems/solutions diagnoses projections of benefits of the community-based planning and implementation of policies and programs for the
future and likely development scenarios, programmatic interventions, management, conservation development and protection of fisheries and aquatic
institutional arrangements and monitoring scheme. Second, CNFIDP is a resources of the municipal waters
product of extensive and participatory consultations at all levels,
 Advise and coordinate with LGUS on the maintenance of proper sanitation
involving various concerned agencies and stakeholders. Third, the plan
and hygienic practices in fish markets and fish landing areas;
is science-based, taking into account the best available
scientific/technical information and best practices consistent with  Establish a corps of specialists in collaboration with the Department of
existing International fisheries instruments and guidelines National Defense, Department of the Interior and Local Government,
Department of Foreign Affairs for the efficient monitoring, control and
 Issue licenses for the operation of commercial fishing vessels;
surveillance of fishing activities within Philippine territorial waters and provide
 Issue identification cards free of charge to fish workers engaged in the necessary facilities, equipment and training therefor;
commercial fishing:
 Implement an inspection system for import and export of fishery/aquatic
 Monitor and review joint fishing agreements between Filipino products and fish processing establishments, consistent with international
citizens and foreigners who conduct fishing activities in international standards to ensure product quality and safety:
waters, and ensure that such agreements are not contrary to
 Coordinate with LGUs and other concerned agencies for the establishment
Philippine commitment under international treaties and convention
of productivity enhancing and market development programs in fishing
on fishing in the high seas;
communities to enable women to engage in other fisheries/economic
 Formulate and implement a Comprehensive Fishery Research activities and contribute significantly to development efforts;
and Development Program;
 Enforce all laws, formulate and enforce all rules and regulations governing
Comprehensive Fishery Research and Development Program, such as the conserva tion and management of fishery resources, except in municipal
but not limited to sea farming sea ranching, tropical/ornamental fish and waters, and to settle conflicts of resource use and allocation in consultation
seaweed culture, aimed at increas ing resource productivity, improving with the NFARMC, LGUs and local FARMCS,
resource use efficiency, and ensuring the long term sustainability of the
 Develop value-added fishery products for consumption and export domestic
country’s fishery and aquatic resources;
recommend measures for the protection/enhancement of the fishery
 Establish and maintain a Comprehensive Fishery Information industries;
System;
 Assist the LGUs in developing their technical capability in the development,
 Provide extensive development support services in all aspects of management, regulation, conservation, and protection of the fishery
fisheries production, processing and marketing. resources;

 Provide advisory services and technical assistance on the Additional functions were added through the RA 10654 of 2015:
improvement of quality of fish from the time it is caught (i.e. on
 Formulate and implement rules and regulations for the conservation and
board fishing vessel, at landing areas, fish markets, to the
management of straddling fish stocks, highly migratory fish stocks and
processing plants and to the distribution and marketing chain);
threatened living marine resources;

This sharks, rays and ludong inter alia, in the Philippine Exclusive Economic
Zone: territorial sea archipelagic and internal waters, in coordination with LGUs

21
and integrated/municipal/ city Fisheries and Aquatic Resources waters, conducting maritime security operations, safeguarding of life and property at
Management Councils. sea and protecting the marine environment and resources (DOTT, 2022). It is an armed
and uniformed service attached to the Department of Transportation, and in times of
 Train, designate and deploy fisheries observers in Philippine war, the PCG will be attached to the Department of National Defense (RA 9993, 2009,
flagged fishing vessels engaged in commercial fishing in Philippine Section 2). It is now recognized as the third uniformed armed service of the country,
waters or distant water fishing to ensure compliance with following the Armed Forces of the Philippines, and the Philippine National Police (PCG,
conservation and management measures adopted by RFMOS and n.d.).
by the Department;
Mandates, Mission, and Vision of PCG
 Implement boarding and inspection protocols upon Philippine
flagged fishing vessels in order to promote observance to The Philippine Coast Guard is mandated and responsible to perform maritime
international treaty obligations on food safety, to curb illegal, search and rescue, maritime law enforcement, maritime safety. Marine environmental
unreported and unregulated fishing, and to comply with protection and maritime security. Their vision is that by 2028, PCG will be a world class
conservation and management measures; guardian of the sea committed to save lives, ensure safe maritime transport, cleaner
seas, and secure maritime jurisdiction. Their mission is to be a uniformed armed
 Adopt an appropriate monitoring, control, surveillance and service that implements and enforces all national and international maritime safety,
traceability system for municipal fishing vessels supplying exporters security, search and rescue, and marine environmental protection laws in support of the
with concurrence of the local government units; integrated Maritime Transportation Network objectives, national security and economic
development of the Philippines (PCG, n.d.)
 Adopt and implement a national plan of action to manage fishing
capacity, implement the international code of conduct for Powers and Functions of PCG
responsible fisheries, and declare fishery management areas as
over-exploited in coordination with the LGUs and FARMCS; According to RA 9993 also known as Philippines Coast Guard Law of 2009,
the PCG has the following powers and functions:
 Require performance bonds and impose and collect reasonable
fees and charges for laboratory services, inspection, deployment of  To enforce regulations in accordance with all relevant maritime international
fisheries observers, and catch documentation and validation, taking conventions, treaties or instruments and national laws for the promotion of
into account the balance required between recovering the costs of safety of life property at sea within the maritime jurisdiction of the Philippines
services rendered and the socioeconomic impact of their imposition, and conduct port state control implementation;
upon prior consultation with stakeholders,
 To inspections on all merchant ships and vessels, including but shall not be
 Hear and decide administrative cases before it: limited to inspections prior to departure, to ensure and enforce compliance
with safety standards, rules and regulations;
 Determine the appropriate levels of administrative and other
sanctions, particularly for serious violations, that deprive offenders  To detain, stop or prevent a ship or vessel which does not comply with safety
of economic benefits from their violations of the laws, rules and standards, rules and regulations from sailing or leaving port;
regulations,
 To conduct emergency readiness evaluation on merchant marine vessels;
 Initiate the criminal prosecution of offenses committed in violation of
this Code regardless of their situs, and  Subject to the approval of the Secretary of the DOTC, to issue and enforce
rules and regulation for the promotion of safety and life and property at sea
 Perform such other related functions which shall promote the on all maritime-related activities;
development, conservation, management, protection and utilization
of fisheries and aquatic resources.  To coordinate, develop, establish, maintain and operate aids to navigation,
vessel traffic system, maritime communications and search and rescue
Philippine Coast Guard facilities within the maritime jurisdiction of the Philippines;

The Philippine Coast Guard (PCG), is an armed and uniformed


service primarily tasked with enforcing all applicable laws within the Philippine

22
 To remove, destroy or low to port, sunken or floating hazards to coastal cities, municipalities, and provinces. CRM cannot succeed without effective
navigation, including illegal fish and vessels, at or close to sea lanes coastal law enforcement. Coastal law enforcement is divided into two approaches: Soft
which may cause hazards to the marine environment; and Hard approaches (DENE, BEAR, and DILG, 2001, p. 6).

 To issue permits for the salvage of vessels and to supervise all National Government Agencies with significant coastal law enforcement roles
marine salvage operations, as well as prescribe and enforce rules include the Bureau of Fisheries and Aquatic Resources (BFAR), the Philippine National
and regulations governing the same; Police (PNP), Philippine National Police Maritime Group (PNP-MG), and the Philippine
Coast Guard (PCG). These agencies are authorized to enforce fisheries laws under the
 To render aid to persons and vessels in distress and conduct search Philippine Fisheries Code of 1998 (DENR, BFAR, and DILG. 2001, p. 8).
rescue in marine accidents within the maritime jurisdiction of the
Philippines, including the high seas, in accordance with applicable Two Approaches in Coastal Law Enforcement
international conventions. In the performance of this function, the
PCG may enlist the services of other government agencies and the According to the Philippine Coastal Management Guidebook Series No 8:
merchant marine fleet; Coastal Law Enforcement (2001), the two approaches in Coastal Law Enforcement
are:
 To investigate the inquire into the causes of all maritime accidents
involving death, casualties and damage to properties 1. Soft (Positive) Enforcement Approach
 It promotes voluntary compliance with the requirements of the law
 To assist in the enforcement of laws on fisheries, immigration, tariff without going to the court.
and customs, forestry, firearms and explosives, human trafficking,  It focuses on the social and cultural dynamics of compliance that can be
dangerous drugs and controlled chemicals, transnational crimes used to:
and other applicable laws within the maritime jurisdiction of the - Sustain widespread compliance,
Philippines; - Encourage voluntary compliance, and
- General deterrence.
 To board and inspect all types of merchant ships and watercrafts in
the performance of this functions;  The target sectors have an adequate level of knowledge and attitude on
the issues and behave within the bounds of socially accepted practices
 To enforce laws and promulgated and administer rules and and legal requirements.
regulations for the protection of marine environment and resources
from offshore sources of pollution within the maritime jurisdiction of 2. Hard (Negative) Enforcement Approach
the Philippines;
 It uses legal sanctions imposed by a court or regulatory authority for
 To develop oil spill response, containment and recovery capabilities deterrence.
against ship-based pollution;
 Its objective is to identify, locate, and suppress the violator using all
 To grant, within the capabilities and consistent with its mandate, possible instruments of law.
requests for assistance of other government agencies in the
performance of their functions;  It involves the process of developing sophisticated strategies to
apprehend repeat violators and negate all economic profits and benefits
 To organize, train and supervise the PCG Auxiliary (PCGA) for the from illegal activities.
purpose of assisting the PCG in carrying out its mandated functions;
and

 To perform such other functions that may be necessary in the


attainment of the objectives of this Act.

Coastal Laws Enforcement

The responsibility for coastal resource management (CRM) has


been largely devolved to local government units (LGU’s), in particular,
23
24
Fishery Law Enforcement Road Checkpoint  Inform the driver of the subject vehicle about the nature of the search prior to
the conduct of a physical search of the vehicle and of the documents that
According to the Coastal Laws Enforcement Toolkit (2021), here are accompany the cargo.
the steps in establishing a Fishery Law Enforcement Road Checkpoint:
 Conduct a search of the vehicle in the presence of police and a
1. Planning the Checkpoint representative of the barangay where the checkpoint is being conducted.
 Determine the transport route of fishery and marine species  Record through photographs or videos or other means the confiscated
suspected to be illegally caught. contraband in the presence of the driver or passengers
 Choose the best spot or spots to set up fishery law enforcement  Make inventory of all confiscated items.
road checkpoints.
 Escort the vehicle to the nearest police station. • Submit the necessary
 Coordinate with the Police station that has the jurisdiction over the reports,
road where the checkpoint will be set up.
3. Planning and Conducting a Market Denial Operations
 Develop an operation plan that contains the detailed roles and tasks
of participating individuals, agencies, or offices, as well as  Determine from the intelligence report where the market denial operations
information on equipment and budget. should be conducted.

 Prepare an appropriate sign board to mark the checkpoint.  If applicable, coordinate with the market administrator prior to the conduct of
the market denial operations.
 Prepare an appropriate uniform and identification card to be used
while in the vicinity of the checkpoint.  Develop an area of operation map where facilities are well described.

 Install enough advance warnings or notices ahead of the fishery law  Determine the specific areas where random or intelligence driven checks will
enforcement checkpoint’s location. likely be conducted. Assign certified fish examiners in the specific areas of
operations.
 Identify and assign personnel to act as spotter, checker, and
security and mobile personnel.  Ensure that all certified fish examiners should have one armed complement
from the PNP, PCG, or any government armed and enforcement services.
 Identify required assets, such as equipment, vehicles, flashlights.
 In case government armed and enforcement service is not available,
 Review, finalize, and disseminate the operation plan to all personnel mobilize private security guards.
and participating and concerned units.
 Ensure that all necessary forms, examination paraphernalia, evidence bags,
2. Conducting the Checkpoint identification cards, flashlights, and other equipment are properly inventoried.
 Divide the team into spotter, checker, security, and mobile  Ensure sufficient time for briefing the team or teams prior to the conduct of
personnel. the market denial operations.
 Deploy the spotter in all possible entry and exit points.  Ensure to inform only the necessary offices and establish information
disclosure policy among participating units.
 Install notices in conspicuous areas that show the name of the
accountable officer and the logo of the office conducting the Identifying Fishery Violation
checkpoint.
Here are the steps in identifying fishery violation (Eisma-Osorio, and Guidote,
 Assign uniformed personnel as checkers, who must always be 2021, p. 14-15):
accompanied by security personnel.

25
1. Determine if a fishery violation is committed.  Commercial fishing on a municipal water (Section 86.b)
2. Check if the fishery violation was committed within the LGU’s
municipal waters.  Fishing through explosive devices, noxious or poisonous substance or electricity
(Section 92)
Municipal waters include not only streams, lakes, inland bodies of water
and tidal waters within the municipality which are not included within the  Use of fine mesh net (Section 93)
protected areas as defined under Republic Act No 7586 (The NIPAS Law),
 Use of active gear in municipal waters, bays and other fishery management areas
public forest, timber lands, forest reserves or fishery reserves, but also
(Section 95).
marine waters included between two (2) lines drawn perpendicular to the
general coastline from points where the boundary lines of the  Coral Exploitation and Exportation (Section 96)
municipality touch the sea at low tide and a third line parallel with the
general coastline including offshore islands and fifteen (15) kilometers  Muro-ami, Other Methods and Gear Destructive to Coral Reefs and Other Marine
from such coastline Where two (2) municipalities are so situated on Habitat (Section 96).
opposite shores that there is less than thirty (30) kilometers of marine
waters between them, the third line shall be equally distant from the  Capture of Sabalo and Other Breeders/Spawners (Section 103).
opposite shore of the respective municipalities  Violation of Harvest Control Rules (Section 106)
3. Note the estimated distance of the alleged fishery violations from the  Commercial Fishing Vessel Operators Employing Unlicensed Fisherfolk,
shoreline. Fishworker or Crew (Section 113).
4. Determine if the violation is punishable under the LGU’s fisheries
Ordinance where the violation was committed. Serious Fishery violations includes (RA 8550, Section 4):
5. Identify whether the type of fishing activity involved was commercial
or municipal based on the boat’s size.  Fishing without a valid license, authorization or permit;

The major distinction between commercial and municipal fishing  Fishing without reporting the catch or misreporting the catch; .
activities is based on the size of the boat used the fishing vessels
 Fishing in a closed area or during a closed season;
weighing above 3 GT is considered commercial fishing, whereas the use
of fishing vessels weighing 3GT and below is considered municipal  Fishing of prohibited species; Fishing with the use of prohibited gear or methods;
fishing
 Falsifying, concealing or tampering with vessel markings, identity or registration to
6. Determine if the violation is punishable under the amended Philippine conceal vessel identity or lack of registration;
Fisheries Code or RA 10654-
7. Check if the area if the violation was committed is a protected area as  Concealing, tampering or disposing of evidence relating to an investigation of a
provided for in the Expanded National Integrated Protected Areas violation;
System Act of 2018 or RA 11038.
8. Check if the violation involves killing of wildlife species as provided  Assaulting, resisting, intimidating, harassing, seriously interfering with, or unduly
for in the Wildlife Resources Conservation and Protection Act or obstructing or delaying a fisheries law enforcer, authorized inspector or observer
Wildlife Act (RA 9147). or other duly authorized government officer;
9. Identify nearby enforcement agencies or units that can immediately  Intentionally tampering with or disabling the vessel monitoring system; and
respond to reported violations. 10. Report the violation.
 Committing multiple violations which taken together constitute a serious disregard
Fishery Violations
of Philippine Fisheries Code.
The following are some of the prohibited acts according to the
Here are some prohibited acts according to Expanded National Integrated
Philippine Fisheries Code (RA 106540 amending RA 8550):
Protected Areas System Act of 2018 in relation to Coastal Law enforcement:
 Unauthorized Fishing (Section 86.a.)
 Using any fishing or harvesting gear and practices or any of their variations that
destroys coral reefs, seagrass beds or other marine life and their associated
26
habitats or terrestrial habitat as may be determined by the DA or the  Ensure that the waiver is made in writing and signed by the person being
DENR; Provided, that mere possession of such gears within the arrested in the presence of the chosen or independent government counsel.
protected areas shall be prima facie evidence of their use (RA 11038,
2018, Section 18.e).  Check the surrounding area for any prohibited article that can be seen in
plain view.
 Dumping, throwing, using, or causing to be dumped into or places in the
protected area of any toxic chemical, noxious or poisonous substance or  If any prohibited article is spotted, conduct a warrantless search immediately.
nonbiodegradable material. Untreated sewage or animal waste or
 Ensure that the detailed receipt of items being seized is given to the lawful
products whether in liquid, solid or gas state, including pesticides and
occupant of the premises searched after the search.
other hazardous substances as defined under Republic Act No. 6969,
otherwise known as the “Toxic Substances and Hazardous and Nuclear 2. Conducting an Arrest with a Warrant
Waste Control Act of 1990’ detrimental to the protected area, or to the  Secure a warrant of arrest from a judge who has jurisdiction over the case.
plants and animals or inhabitants therein (RA 11038, 2018, Section 18.f). When securing a warrant of arrest, inform the judge that there is a probable
cause that the person to be arrested has committed the crime.
CONDUCTING ARREST AND BOARDING
 Conduct the arrest at any time of the day provided that the enforcer has a
Conducting an Arrest warrant of arrest.
 Ensure that the warrant of arrest is executed within days from receipt from
Here are the guidelines in conducting an arrest in a coastal law the issuing court. If the warrant of arrest is not served within the 10 days
enforcement operation (Eisma-Osorio, and Guidote, 2023, pp. 23-): timeframe, then report to the judge within 10 days the failure, and the reason
for it.
1. Conducting a Warrantless Arrest  When conducting the arrest, inform the person being arrested of the identity
 Determine if the conditions allowing warrantless arrest are present; and authority of the arresting officer, the cause of the arrest, and the
they are as follows: issuance of a warrant of arrest..
- If the crime is committed in flagrante delicto or the person/s  Ensure that the person being arrested is informed of the Miranda Warning.
has/have committed, is/are in the act of committing. Or is  Ensure that the person being arrested is informed of the Anti-Torture
attempting to commit an offense. Warning.
- If an offense has just been committed and probable cause  If any prohibited article is spotted in plain view, conduct a warrantless search
exists that the person about to be arrested has committed while bearing in mind that the discovery of the prohibited items must not be
such offense based on personal knowledge. intentional.
 Make sure that the person being arrested is informed of the  Bring the person being arrested to the police station immediately for
Miranda Warning. documentation and return the warrant of arrest to the issuing court.

Miranda Warning “You have the right to remain silent Anything you say Boarding a Hostile Vessel
can and will be used against you in a court of law You have a right to an Composition of the Boarding team
attorney. If you cannot afford an attorney, one will be appointed for you
 Team Leader (TL)
 Make sure that the person being arrested is informed of his or her
rights under the Anti-Torture Act.  Assistant Team Leader (ATL) Evidence Custodian/Recorder

“You have the right to demand a physical examination by an  Security Team


independent and competent doctor of your choice. If you can not afford
the service of a doctor, the state shall provide one for you”  Search Team

 Ensure that the person being arrested signs a waiver of detention in A vessel is classified as hostile when the boat captain and the crew put up a
the presence of his/her chosen counsel if he waives his right under resistance. Hostility can escalate to a lethal stage triggering an armed response
Article 125 of the Revised Penal Code and opts for a preliminary from the fishery en forcers at any time, hence state of readiness is required.
investigation.
27
1. Assess the suspected vessel. Things to assess are: Chapter 5
 Approximate position, eg. Latitude and longitude, inside or
outside of municipal waters; National Bureau of Investigation
 Nationality of the boat or vessel;
National Bureau of Investigation (NBI) is an attached agency under the
 Status or activity of the boat or vessel;
Department of Justice (DOJ) that is primarily tasked to investigate crimes and other
 Type of boat or vessels;
offenses against the laws of the Philippines (FOI, n.d.). It undertakes the efficient
 Course and speed of the vessel if in transit;
detection and investigation of crimes and other offenses against Philippine laws. It
 If radio contact can be made and navigational equipment is
coordinates with other national and local police agencies in the maintenance of peace
present;
and order. It also acts as a national clearing house of criminal and other information for
 Typical activities of the crew and crew numbers,
the use of all prosecuting and law enforcement entities of the Philippines (Official
 Change in activity of the crew or boat or vessel; Gazette, n.d.),
 Origin of the people on board (foreign or local);
 Feasibility and safety of boarding The present organizational structure of the NBI is reorganized into the Office
of the Director, Office of the Deputy Director for Administration, Office of the Deputy
2. Ensure that the members of the enforcement team are covered from Director for Operations, Offices of the Assistant Directors for Investigation Service,
view of the vessel’s crew. Intelligence Service, Comptroller Service, Human Resource and Management Service,
3. Inform the base or local police station or higher authorities by means of Forensic and Scientific Research Service, Legal Service, and Information and
radio or any communication device of the hostility observed and the plan Communications Technology Service. Each service shall be composed of the
to board the vessel. necessary divisions and sections. The NBI has Regional Offices in every region to be
headed by a Regional Director and District Offices in every province to be headed by a
4. Upon boarding, instruct the security team to stabilize the vessel, account Head Agent. Field Offices may also be established and maintained by the Director as
for all the crew and gather them in the stern for individual body search, the need arises (RA. 10867, 2016, Section 3).
collect all lethal weapons if any, and demand licenses for firearms
discovered. Powers and Function of NBI

5. Search the vessel only when the security team gives the clearance to According to the National Bureau of Investigation Reorganization and
commence. Modernization Act (2016), the NBI has the following powers and functions:

6. Bring the captain to the bridge away from the view of all crew if possible  Undertake investigation and detection of crimes and offenses enumerated under
and take the exact position of the vessel prior to document inspection. Section 5 of RA 10867);

7. Cite all the fishery and maritime law violations under authority and  Issue subpoena for the appearance of any person for investigation or production
jurisdiction of the boarding team and take note of other violations for of documents, through its officers from the ranks of Regional Director to Director;
referral to appropriate agencies.  Act as a national clearing house of criminal records and other related information
8. Accomplish all the forms that cite the violation within the authority and for the benefit of the government;
jurisdiction of the boarding team and prepare a referral of other violations  Render technical assistance to government agencies and instrumentalities, when
to appropriate agencies.
so requested;
9. Inform the boat captain of all the violations and the course of action that
 Extend assistance in cases involving extradition and mutual legal assistance,
the boarding team will take prior to the conduct of confiscation or towing
when requested by the Department of Justice;
of the vessel.
 Establish an NBI Academy which shall be responsible for the recruitment, training,
10. Fill up an inventory of the confiscated items, if any, and have the boat
and development of all NBI agents and personnel, among others;
captain sign a certificate of orderly inspection and boarding certificate.
 Establish and maintain a Forensic and Scientific Research Center which shall
serve as the primary center for forensic and scientific research in furtherance of

28
scientific knowledge in criminal investigation, detection, evidence  Conduct searches, arrests, and seizures in accordance with existing laws, rules
collection and preservation, and provide the necessary training therefor. and regulations;

 Establish and maintain a Cyber Investigation and Assessment Center  Take and require sworn statements of any person or persons so summoned in
which shall serve as the nerve center for computer information relation to cases under investigation;
technologies, data on cybercrime cases, computer intrusion, threats, and
other related crimes or activities;  Administer oaths in cases under investigation; and

 Establish and maintain an integrated, comprehensive, and state-of-the-  Such other functions may be assigned by the NBI Director
art network of equipment and facilities to be esed by the NBI in its
Jurisdiction of NBI
criminal investigation, detection, and evidence gathering, and to provide
the corresponding training in this regard; The NBI has the primary jurisdiction to undertake investigations in the
following cases (RA 10867, 2016, Section 5):
 Request the assistance of the Philippine National Police (PNP), Armed
Forces of the Philippines, or any other agency of the government,  Human Trafficking cases in all airports in the Philippines,
including government-owned and/ or controlled corporations, in its anti-
crime drive. Such assistance may include the use of the agency’s  Extrajudicial/Extralegal killings committed by the state’s security forces against
personnel and facilities upon prior approval by the head of the agency media practitioners and activists;
concerned;
 Killings of justices and judges;
 Conduct intelligence operations in furtherance of the foregoing powers
and functions;  Violation of Republic Act No. 10175, otherwise known as the “Cybercrime
Prevention Act”;
 Enter into any contract or transaction for the acquisition, ownership,
possession, administration, lease, disposition or acceptance of real or  Cases referred by the Inter-Agency Anti-Graft Coordinating council (LAGCC); .
personal property in its name, subject to the approval of the Secretary of  Violations of the Anti-Dummy Law,
Justice;
 Cases involving threats to security or assaults against the persons of the
 Establish a modern NBI Clearance and Identification Center containing President, Vice President, Senate President, Speaker of the House of
all derogatory and criminal records and civilian identification records, Representatives, and Chief Justice of the Supreme Court;
including their identifying marks and characteristics and fingerprint
database, as well as dental records pursuant to Presidential Decree No.  Transnational crimes pursuant to existing international agreements;
1575, entitled “Requiring Practitioners of Dentistry to Keep Records of
Their Patients”;  Identification of the dead/victims in case of mass fatality incidents caused by
natural disasters; and
 Maintain, for purposes of investigative and forensic requirements of the
NBI, relevant database such as ballistic records of firearms including, but  Violations of commercial, economic, and financial or white-collar crimes such as,
not limited to, data ownership, possession, and other related identifying but not limited to, those punishable under Republic Act No. 8792, otherwise known
circumstances; and Deoxyribonucleic Acid (DNA) databank; and as “E-Commerce Act of 2000”; Republic Act No. 8484, otherwise known as
“Access Devices Regulations Act of 1998”; Republic Act No. 8293, otherwise
 Perform such other functions as the President or the Secretary of Justice known as “Intellectual Property Code of the Philippines”; Republic Act No. 8799,
may assign. otherwise known as “Securities Regulation Code”; Presidential Decree No. 1689,
otherwise known as “Decree Increasing the Penalty for Certain Forms of Estafa”,
The agents of NBI have the following powers and functions (RA and other similar penal statutes that may be enacted by Congress.
10867, 2016, Section 9):
Philippine Drug Enforcement Agency
 Undertake investigations pursuant to the mandate of the NBI;
The Philippine Drug Enforcement Agency (PDEA) was created by virtue of
Republic Act 9165, otherwise known as The Comprehensive Dangerous Drugs Act of
29
2002. It’s a regular law enforcement agency responsible for the efficient and and essential chemical as provided for in the Comprehensive Dangerous Drugs
effective law enforcement against any dangerous drug and/or controlled Act of 2002 and the provisions of Presidential Decree No. 1619;
precursor and essential chemicals (PDEA, 2011).
 Administer oath, issue subpoena and subpoena duces tecum relative to the
PDEA’s Core Values conduct of investigation involving the violations of the RA 9165,

The core values of PDEA are the following (PDEA, 2011):  Arrest and apprehend as well as search all violators and seize or confiscate, the
effects or proceeds of the crimes as provided by law and take custody thereof, for
Honor this purpose the prosecutors and enforcement agents are authorized to possess
firearms, in accordance with existing laws;
They are committed to pursue the highest degree of integrity
by conducting themselves in a manner that would earn the respect, trust, and  Take charge and have custody of all dangerous drugs and/ or controlled
confidence of the people. precursors and essential chemicals seized, confiscated or surrendered to any
national, provincial or local law enforcement agency, if no longer needed for
Commitment
purposes of evidence in court;
They are dedicated to undertaking prevention, control and
 Establish forensic laboratories in each PNP office in every province and city in
elimination of dangerous drugs over and above personal interest and take full
order to facilitate action on seize or confiscated drugs, thereby hastening its
accountability and responsibility for all their actions.
destruction without delay
Respect for Human Dignity
 Recommend to the DOJ the forfeiture of properties and other assets of persons
Their utmost concern is respect for human dignity. In the and/or corporations found to be violating the provisions of this Act and in
fulfillment of their duties, they uphold human rights, treating each person with accordance with the pertinent provisions of the Anti-Money Laundering Act of
respect, justice and fairness. 2001;

Excellence and Competence  Prepare for prosecution or cause the filing of appropriate criminal and civil cases
for violation of all laws on dangerous drugs, controlled precursors and essential
They strive to attain the highest standard in the quality of our chemicals, and other similar controlled substances, and assist, support and
work through continuous training and education in order to meet the coordinate with other government agencies for the proper and effective
expectations and ultimately gain the active support of the community. prosecution of the same;
Powers and Function of PDEA  Monitor and if warranted by circumstances, in coordination with the Philippine
Postal Office and the Bureau of Customs, inspect all air cargo packages, parcels
As the lead agency in the fight against illegal drugs, the law confers
and mails in the central post office, which appear from the package and address
PDEA with the following functions to attain its mission:
itself to be a possible importation of dangerous drugs and/or controlled precursors
 Implement or cause the efficient and effective implementation of the and essential chemicals, through on- line or cyber shops via the internet or
national drug control strategy formulated by the Dangerous Drug Board cyberspace;
thereby carrying out a national drug campaign program which shall
 Conduct eradication programs to destroy wild or illegal growth of plants from
include drug law enforcement, control and prevention campaign with the
which dangerous drugs may be extracted;
assistance of concerned government agencies,
 Initiate and undertake the formation of a nationwide organization which shall
 Undertake the enforcement of the provisions of Article II of the
coordinate and supervise all activities against drug abuse in every province, city,
Comprehensive Dangerous Drugs Act of 2002 relative to the unlawful
municipality and barangay with the active and direct participation of all such local
acts and penalties involving any dangerous drug and/or controlled
government units and nongovernmental organizations, including the citizenry.
precursor and essential chemical and investigate all violators and other
Subject to the provisions of previously formulated programs of action against
matters involved in the commission of any crime relative to the use,
dangerous drugs;
abuse or trafficking of any dangerous drug and/or controlled precursor

30
 Establish and maintain a national drug intelligence system in cooperation and/or laboratory equipment so confiscated, seized and/ or surrendered, for proper
with law enforcement agencies, other government agencies/offices and disposition in the following manner (IRR 2015):
local government units that will assist in its apprehension of big-time drug
lords, 1. Chain of Custody: Marking, Inventory and Photograph
a. The apprehending or seizing officer having initial custody and control
 Establish and maintain close coordination, cooperation and linkages with of the seized or confiscated dangerous drugs, plant sources of
international drug control and administration agencies and organizations, dangerous drugs, controlled precursors and essential chemicals,
and implement the applicable provisions of international conventions and instruments/ paraphernalia and/or laboratory equipment shall,
agreements related to dangerous drugs to which the Philippines is a immediately after seizure and confiscation, mark, inventory and
signatory. photograph the same in the following manner (IRR, 2015, Section 1.
A.1):
 Create and maintain an efficient special enforcement unit to conduct an
investigation, file charges and transmit evidence to the proper court,  The marking, physical inventory and photograph of the
wherein members of the said unit shall possess suitable and adequate seized/ confiscated items shall be conducted where the
firearms for their protection in connection with the performance of their search warrant is served.
duties: Provided, That no previous special permit for such possession
shall be required;  The marking is the placing by the apprehending officer or the
poseur-buyer of his/her initials and signature on the item/s
 Require all government and private hospitals, clinics, doctors, dentists seized.
and other practitioners to submit a report to it, in coordination with the
Board, about all dangerous drugs and/or controlled precursors and  In warrantless seizures, the marking of the seized items in
essential chemicals which they have attended to for data and information the presence of the violator shall be done immediately at the
purposes; place where the drugs were seized or at the nearest police
station or nearest office of the apprehending officer/team,
 Coordinate with the Board for the facilitation of the issuance of necessary whichever is practicable,
guidelines, rules and regulations for the proper implementation of the RA
9165; The physical inventory and photograph shall be conducted in
the same nearest police station or nearest office of the
 Initiate and undertake a national campaign for drug prevention and drug apprehending officer/team, whichever is practicable.
control programs, where it may enlist the assistance of any department,
bureau, office, agency or instrumentality of the government, including  In cases when the execution of search warrant is preceded
government- owned and or -controlled corporations, in the anti-illegal by warrantless seizures, the marking, inventory, and
drugs drive, which may include the use of their respective personnel, photograph of the items recovered from the search warrant
facilities, and resources for a more resolute detection and investigation of shall be performed separately from the marking, inventory
drug-related crimes and prosecution of the drug traffickers; and and photograph of the items seized from warrantless
seizures.
 Submit annual and periodic reports to the Board as may be required from
time to time and perform such other functions as may be authorized or 2. Laboratory Examination, Custody and Report
required under existing laws and as directed by the President a. Within twenty-four (24) hours upon confiscation/ seizure of dangerous
himself/herself or as recommended by the congressional committees drugs, plant sources of dangerous drugs, controlled precursors and
concerned. essential chemicals, as well as instruments/paraphernalia and/ or
laboratory equipment, the same shall be submitted to PDEA Forensic
Enforcement Operation of PDEA Laboratory for a qualitative and quantitative examination, subject as
provided further below (IRR, 2015, Section 1. B.1):
According to the Implementing Rules and Regulation (IRR) of Section
21 of RA 9165 as Amended by RA 10640, The PDEA takes charge and have  In support of the PDEA, the forensic or crime laboratories of
custody of all dangerous drugs, plant sources of dangerous drug controlled the Philippine National Police (PNP) and the National
precursors, and essential chemicals, as well as instruments paraphernalia Bureau of Investigation (NBI) shall conduct qualitative and

31
quantitative examination of the seized/confiscated Request to take custody of the marked and inventoried items seized/confiscated
or surrendered items submitted by the anti- illegal by virtue of search warrant must be supported or accompanied by the following
drug operating units/task forces, or apprehending
officer/team. 1. Motion to take/retain custody of the seized/confiscated or surrendered
dangerous drugs plant sources of dangerous drugs, or controlled
 Where the violations of RA No. 9165 require precursors and essential chemicals, instruments/paraphernalia and/or
laboratory examination of the seized/confiscated laboratory equipment taken from the site by the apprehending officer,
items, the positive result of the qualitative
examination rendered by the forensic chemist shall 2. Certificate of inventory,
serve to support the criminal charge/s.
3. Photograph showing the seized items and witnesses,
 Quantitative examination may be done upon
4. Certification or chemistry report of the results of the laboratory
request by the apprehending team or upon issuance
Examination Affidavits of apprehending officers/team,
of court order when the determination of purity of
the seized/ confiscated dangerous drugs is required 5. Accomplished chain of custody form
by law
6. Accomplished authority to operate form
b. A certification or chemistry report of the forensic laboratory
examination results, which shall be done by the forensic 7. Accomplished pre-operation report form
examiner, shall be issued immediately upon the receipt of
8. Certification/record of coordination, and
the subject item/s within the reglementary period that would
enable the apprehending officer/team to file the criminal 9. If applicable, record/certification of orderly search, the sworn statements
charge/s with the prosecutor’s office against the violator/s as of the apprehending or seizing officers stating the circumstances and
prescribed by law. justification for non-compliance with inventory and photograph and/or
c. In any case, the chain of custody of the seized/ confiscated presence of the prescribed witnesses during the inventory and photograph,
items received from the apprehending officer/team and and the steps taken to preserve the integrity and the evidentiary value of the
examined in the forensic or crime laboratory shall be seized/confiscated items
observed, where it shall document the chain of custody each
time a specimen is handled, transferred, or presented in b. After filing the criminal charges with the prosecutor’s office, the
court until its disposal, and every individual in the chain of apprehending officer/team or PDEA shall file urgent motion for the
custody shall be identified following the laboratory control immediate destruction of the seized/confiscated or surrendered
and chain of custody form. dangerous drugs, plant sources of dangerous drugs, controlled
3. Filing of Complaint and Destruction of Confiscated or Seized precursors and essential chemicals, instruments/ paraphernalia
Items and/or laboratory equipment, with prayer for ocular inspection within
a. In cases of seizure or confiscation where a criminal case is seventy-two (72) hours, with the Regional Trial Court (RTC) of the
filed, the following shall be performed (IRR, 2015, Section 1. city or province where the confiscation/ seizure and/or surrender took
C.1): place, with prior written conformity of the Provincial or City Prosecutor
 Appropriate criminal charges must be filed in the of the province or city, as the case may be, where the confiscation/
prosecutor’s office against the arrested violator/s seizure and/or surrender took place or the Prosecutor General or his
within the reglementary period provided by law. duly authorized representative which shall be indicated in the
 When the seizure is executed by virtue of search pleading. The urgent motion for destruction shall be heard and
warrant, the return must be filed with the Court resolved within five (5) days upon actual receipt of its filing.
which issued the search warrant with the request c. Upon receipt of the order of destruction, PDEA shall proceed with the
to take custody of the seized/confiscated items if destruction or burning of the subject drug evidence/items within
the criminal case has been filed with the twenty-four (24) hours, or as far as practicable, in the presence of the
prosecutor’s office. prescribed witnesses.

32
d. The apprehending officer/team or PDEA shall preserve all cards/permits to qualified drivers, strict yet fair enforcement of traffic laws, rules and
the seized items as evidence in court until the court regulations, and just adjudication of traffic cases (FOI, n.d.). It is a sectoral agency of
terminates the case. the Department of Transportation (DOTr) by virtue of Executive Order (E.O) No. 125
e. Dangerous drugs and controlled precursors and essential and 125A dated 13 April 1987 and E.O No. 226 dated 25 July 1987 (LTO, n.d.)
chemicals shall be disposed off by means in the following
methods (IRR, 2015, Section 1. C.3): Powers and Function of LTO

 Thermal destruction method in accor- dance with The following are the mandate and functions of LTO (LTO, n.d.):
applicable environmental laws. The PDEA may
 Inspection and Registration of Motor Vehicles
engage the professional services of third parties
with thermal facilities covered by valid and  Issuance of Licenses and Permits
subsisting permits and clearances issued by
appropriate government agencies; or  Enforcement of Land Transportation Rules and Regulations

 Other lawful appropriate methods may be  Adjudication of Traffic Cases


authorized by the Board, in consultation with the
 Collection of Revenues for the Government
DENR.

 Marijuana and plant sources of dangerous drugs Enforcement Operation of LTO


shall be destroyed by burning on the site of There are three types of Law enforcement in the LTO, namely (LTO, n.d.)
eradication activity and in open fields. Thereafter,
the burnt marijuana plants shall be buried 1. Persuasive - It involves information and education campaigns.
underground.
2. Preventive - Deployment of traffic enforcers on the road.
4. Participation of the Offender in the Proceedings
a. The alleged offender or his/her representative or counsel 3. Punitive- the actual enforcement of the traffic laws.
shall be allowed to personally observe all the above
Kinds of Traffic Law Enforcement Action
proceedings and his/her presence shall not constitute an
admission of guilt (IRR, 2015, Section 1.D.1). Here the different traffic law enforcement actions that may be performed by
b. In case the said offender or accused refuses or fails to the traffic enforcers (PNP, 2014, pp. 97-98:
appoint a representative after due notice in writing to
him/her or his/her counsel within seventy-two (72) hours 1. Traffic Arrest – It is an enforcement action which consists of taking a person
before the actual burning or destruction of the evidence in into custody for the purpose of holding or detaining him to answer a charge of
question (IRR, 2015, Section 1. D.2). law violation before a court. Arrest is made when:
5. Lead Agency over the Custody and Destruction of Drug Items a. The offense committed is serious;
a. The PDEA shall proceed with the destruction of drug b. There is a necessity to avoid continued violation; and
evidence/representative samples presented as evidence in c. There is a reasonable doubt that the violator will not appear in court.
criminal cases before the courts, if the judgment in the 2. Traffic Citation-It is made of having violators appear in court without physical
criminal case shall include a disposition directing to turn- arrest. The issuance of a citation is the most common enforcement action by
over to PDEA the said drug evidence/representatives’ the police. This is an efficient system since majority of violations with minor
samples. The court shall furnish a copy of the judgment to offenses are punish promptly by paying their fine at an administrative body
the PDEA (IRR, 2015, Section 1. E.1). with court appearance or any traffic enforcement action contemplates trial
adjudication or disposition to determine the guilt or innocence of a person
Land Transportation Office charged for a violation when the individual record of which is kept by the police
or some other official agency for future reference.
The Land Transportation Office (LTO) is the apex agency of the
Philippine government tasked to ensure road safety through the inspection
and registration of roadworthy motor vehicles, issuance of license
33
3. Traffic Warning-It is an enforcement action which does not was impounded. IRMV is accomplished by the apprehending officer and validated by
contemplate possible assessment of penalty by the court or the Motor Vehicle Custodian (MVC) assigned at the impounding area (LTO, n.d.).
otherwise as a result of warning alone.
a. Visual Warning-It is usually used when you have observed The motor vehicle may be released after the payment of the corresponding
a minor violation but are importantly occupied at a moment. fines/penalties provided that there are no accessory penalty/s and/or suspension
You indicate by gesture of the hand, and of the head, or a stipulated in the Resolution and/or Judgment. Additionally, the confiscated item/s such
toot of the horn that you are aware of the violation. Such as the license plate shall only be released after serving the required suspension.
action reminds the violators that violation has been
Grounds for Vehicle Impoundment
committed and that the police are observant.
b. Verbal Warning-It is a form of safety education. You tell the The following violations shall cause the impounding of a motor vehicle by the
violator that a law has been violated and explains the LTO (MC 89-105, Section 73):
hazards of such action. They are frequently used when
there is a new enforcement program going into effect and  Unregistered/Improperly registered/delinquent or invalid registration
the preliminary phase calls for a period of public education.
 Unregistered substitute or replacement motor, vehicle engine, engine block or
c. Written Warning – It is a combination of verbal warning and
chassis
citation. They gave the spirit of verbal warning and the form
of citation because it is written and resembles a citation. The  Unauthorized change of color or configuration
written warning has a more noticeable deterrent effect than
verbal warning. There is no immediate penalty attached and  Operating, allowing the operation of a motor vehicle with a suspended or revoked
it allows the violator an opportunity to profit by the error Certificate of Registration
putting an emphasis on education rather than on discipline.
 Using license plates different from the body number
Confiscation of Driver’s License
 Illegal Transfer of plates, tags, or stickers
Only LTO Deputized Traffic Enforcers are allowed to confiscate
driver’s license (Joint Memorandum Circular no. 1, 2008, Section 3.4A).  Violations involving absence of required parts, accessories or devices or defective
Temporary Operator’s Permit (TOP), is issued by LTO Deputized Traffic parts, accessories or devices which pose danger to the public
Enforcers for traffic and administrative (non-moving) violations (Memorandum
 Authorized route not properly painted
Circular No. 515-2004) It is strictly required to be issued to the apprehended
driver/operator at the site and time of apprehension. This will serve as:  Unauthorized/improvised number plates .
 Receipt for Driver’s license confiscated;  Failure to paint on vehicle business or trade name
 Notice and summon;  Failure to paint required markings
 Temporary driver’s license for 72 hours only;  No body number for Public Utility Vehicle (PUV)
 5 days to contest, 15 days to settle, otherwise, 30 days suspension of  Using radio or stereo in violation of existing regulation or without the necessary
driver’s license will be met. permit, or in breach of the condition in permit regulation.
Impounding of Motor Vehicle  Installation of jalousies, curtains, dim colored lights, strobe lights, dancing lights or
similar lights, colored tinted or painted windshield on window glass on “for hire”
Impounding meaning to take into temporary protective legal custody
vehicles
of vehicles for a fee. LTO can perform the actual impounding of the motor
vehicle or a Technical Impounding, which is confiscation of both the driver’s  Driving without a license plate
license and the two (2) motor vehicle license plates at the time of
apprehension instead of impounding the motor vehicle (LTO, n.d.). An  Fake drivers license/ Ordinance Violation Receipt (OVR)
Impounding Receipt of Motor Vehicle (IRMV) is issued if the motor vehicle
 Fake sticker
34
 Fake license plate Steps In Planning Process

 Fake Official Receipt and Certificate of Registration Here are the steps in the planning process (StudiousGuy, 2022):

 Tampered documents pertaining to franchising, registration and licensing 1. Defining Goal or Objective

 Failure to present any document regarding motor vehicle ATTA The first and important step in the planning process is Goal setting.
Goals are defined at the organizational, department, and individual level and
 Breach of Franchise Conditions are meant to be achieved in future in a specific time period. A goal can be
short-term, mid-term or long-term. Plans are devised which are aimed at
 Improper use of drivers license
achieving these predefined goals. Goals specify what to achieve by defined
 Expired drivers license rules, policies, process, resources, strategies, etc.

 Expired Traffic Violation Receipt 2. Collecting Information

It is a necessary part of planning gathering information such as facts


and figures required to achieve goals. Target audience, circumstances, market
Chapter 6 information, competitor’s strategy, etc. are required to make a right and
effective plan.
Police Planning
3. Analyzing Information
Planning is a fundamental management function, which involves
deciding beforehand, what is to be done, when is it to be done, how it is to be After collecting the necessary information, the next step in the
done and who is going to do it. (Business Jargons, 2022). It is an act or planning process is interpreting information as per goals. Analyzing
process of making or carrying out plans specifically, the establishment of information includes organizing collected information as per importance,
goals, policies, and procedures for a social or economic unit (Merriam- identifying accuracy and relevance of information from different sources, its
Webster, n.d.). Plan can be defined as an organized schedule or sequence of unique features, sources, and reliability for the organization.
methodical activities intended to attain a goal or objectives for the
accomplishment of a mission or assignment. 4. Making a Plan

Police planning is an attempt by police administrators in allocating Once relevant information is collected and analyzed, the next thing to
anticipated resources to meet anticipated service demands. The systematic do is to formulate a plan to achieve defined goals; the plan includes identifying
and orderly determination of facts and events as basis for policy formulation different activities, required resources, timelines, etc. to implement a plan.
and decision-making affecting law enforcement management. Operational
5. Implement the plan
planning is the use of rational design or pattern for all departmental
undertakings rather than relying on chance in an operational environment. The After creating a plan, it is now time to allocate defined activities,
preparation and development of procedures and techniques in accomplishing resources, time guidelines to individuals. This is where strategies and plans
each of the primary tasks and functions of an organization. are converted into actions to achieve goals. It also requires allocation of
responsibility in the team which is responsible for accomplishing the plan.
Police Operational Planning refers to the act of determining policies
and guidelines for police activities and operations and providing controls and 6. Monitor the plan
safeguards for such activities and operations in the department. Involves
strategies or tactics, procedures, policies, or guidelines. It is the process of Once a plan is implemented, it’s necessary to evaluate and monitor
formulating a coordinated sequence of methodical activities and allocation of its effectiveness and impact according to desired goals.
resources to the line units of the police organization for the attainment of the
mandated objectives or goals.

35
Planning and Decision Making one for him/her. The manager may even choose a combination of alternatives. The
choice in Step 5 may very likely be the same or similar to the alternative placed at the
Decision making is the process of making choices by identifying a top of the list at the end of Step 4 (UMass, 2022).
decision, gathering information, and assessing alternative resolutions (UMass,
n.d.). The decision making process is a method of gathering information, Step 6: Take Action- This is where the manager will make some positive action by
assessing alternatives, and making a final choice with the goal of making the beginning to implement the alternative he/she chose in Step 5 (UMass, 2022).
best decision possible (Laoyan, 2021).
Step 7: Review of the Decision & its Consequences - The final step is where the
The effectiveness and quality of those decisions determine how manager considers the results of his/her decision and evaluates whether it has resolved
successful a manager will be. Managers are constantly called upon to make the need identified in Step 1. If the decision has not met the identified need, the
decisions in order to solve problems. Decision making and problem solving are manager may want to repeat certain steps of the process to make a new decision. For
ongoing processes of evaluating situations or problems, considering example, the manager might want to gather more detailed or somewhat different
alternatives, making choices, and following them up with the necessary information or explore additional alternatives (UMass, 2022).
actions (CliffNotes, 2022).

7 Steps of the Decision Making Process

According to the University of Massachusetts (n.d.), there are 7


important steps of the decision making process, they are:

Step 1: Identify the Decision- This is the very important step; it is where the
manager realizes that he/she needs to decide. He/She needs to clearly define
the nature of the decision he/she must make (UMass, 2022).

Step 2: Gather Relevant Information- This is where the manager needs to


collect some pertinent information such as what information is needed, the
best sources of information, and how to get it; before he/she makes a
decision; This step involves both internal and external “work.” Some
information is internal, that needs to be sought through a process of self-
assessment. Other information is external that can be found online, in books,
from other people, and from other sources (UMass, 2022).

Step 3: Identify the Alternatives After the manager - Collects information,


he/she will identify several possible paths of action, or alternatives. The
manager can also use his/her imagination and additional information to
construct new alternatives. In this step, the manager will list all possible and
desirable alternatives (UMass, 2022).

Step 4: Weigh the Evidence - Manager draws on his/her information and


emotions to imagine what it would be like if he/she carried out each of the
alternatives to the end. Manager needs to evaluate whether the need identified
in Step 1 would be met or resolved through the use of each alternative. As the
manager goes through this difficult internal process, he/she will begin to favor
certain alternatives: those that seem to have a higher potential for reaching the
organization’s goal. Finally, place the alternatives in a priority order, based
upon the manager’s personal value system (UMass, 2022).

Step 5: Choose Among Alternatives- After the Manager weighs all the
evidence, he/she is ready to select the alternative that seems to be the best
36
Categories of Plan in an Organization semiannual operations with a short- term deliverable. These short-term plans
cover the specifics of each day-to-day operation (lumenlearning.com, n.d.).
Here are the three categories under which plans are classified in an
organization (Manvi, n.d.): Category # 2. The Use Dimension in Planning

Category #1. Time Dimension in Planning Plans are often divided into two broad categories on the basis of their usage: on going
plans for recurring or long-term activities, or Standing plans, and the One-shot plans or
Time is an important variable in the planning process. The time single use that are essentially non-recurring (Manvi, n.d.).
dimension of planning is related to the requirements of the organization and
kind of business. For instance, a large public utility may plan new power Standing Plans (On Going Plans)
production plants twenty-five or thirty years into the future, whereas a small
garment manufacturer may plan new production facilities only one year ahead. It provides continuing guidance to the actions or expected actions of
organization members. It may be divided into three major categories (Manvi, n.d.):
The length of the planning period is determined by the commitment
principle. It states that an organization should plan for a period of time in the 1. Policies refer to statements of aims, purposes, principles or intentions which
future sufficient to fulfill the commitments of the organization which result from serve as continuing guidelines for management in accomplishing objectives. It
current decisions. Planning must encompass a sufficiently long period of time is a general guideline for decision making. It delimits the areas within which
to fulfill the commitments resulting from current decisions. A long-range plan is decisions must be made and give indications of appropriate routes to the
superimposed upon the foundations of short and intermediate-range plans, all attainment of the objectives.
attainable within a specified time period (Manvi, n.d.). 2. Procedures- these are more specific and detailed rules, commonly expressed
as methods or steps to doaparticular activity. They are narrower in scope than
According to time dimension planning period is divided into: policies and are often intended to be used in implementing policies
(MyAccountingCourse. Com, 2021). It is a chronological sequence of detailed
Long-Range Planning instructions necessary for the successful carrying out of an activity.
3. Rules- it is the simplest type of standing plan. They are statements that a
Long term plans are for the long-term objectives of the
specific action must or must not be taken in a given situation. They act as
organization. It defines the mission of the organization and outlines
substitutes to thinking and decision making and thus serve as guides to
its major strategies and policies. The period of long- term planning
behavior. It states specific actions for particular situations. In a sense, they are
may extend from one year to twenty years or more. Generally, it is for
guides to ‘acceptable behavior’. Since their application precludes a discussion
5 to 10 years. It usually encompasses all the functional areas of the
of alternatives, they allow for no discretion to be exercised.
business and are affected within the existing and long-term
framework of economic, social and technological factors. The impact
Single Use Plans (One-shot Plans)
of external factors is also assessed while framing long term plans
Single Use Plans refer to certain predetermined courses of action which are
(Manvi, n.d.).
developed for relatively unique, non- repetitive situations. Examples of One shot plans
Intermediate-Range Planning are (Manvi, n.d.):

Intermediate-range plans usually cover the period from 6 to 1. Programmes. It is a collection of organizational resources that is geared to
18 months in the future. It refers to the plans, which determine accomplish a certain major goal or set of goals. It is a large scale, single- use plan
quantity and quality efforts and accomplishments. It refers to the involving various interrelated activities. It specifies the objectives, major steps
process of determining the contribution of efforts that can make or necessary to achieve these objectives, individuals, or departments responsible for
provide with allocated resources (sckool.org, 2022) each step, the order of the various steps, and resources to be deployed or
employed.
Short-Range Planning
2. Projects- It is a single-use plan that is either a component of a program or that
Short-range plans generally apply to a specific time frame in is on a smaller scale than a program. Project planning is a discipline addressing
which a specific series of operations will be carried out, assessed, how to complete a project in a certain timeframe, usually with defined stages and
and measured. It usually covers the period from one day to six designated resources (Lutkevich, 2021).
months. The standard short-range plan will represent annual or

37
3. Budgets A budget is simply a statement in quantitative and usually 3. Tactical Planning
financial terms of the planned allocation and use of resources. It can be
defined as a financial plan listing in detail the resources or funds assigned Tactical planning is characterized as short-term planning. This type
to a particular program project, product, or division. Budgetary planning is of planning is usually confined to one year or less. It is more concerned with
the process of constructing a budget and then utilizing it to control the current operations, and as such, usually involves mid-level managers instead
operations of a business. The purpose of budgetary planning is to mitigate of the highest-level managers. Tactical planners are thinking about tomorrow
the risk that an organization’s financial results will be worse than expected and next week or next month and planning is much more detailed than
(Accounting Tools.com, 2022). strategic (Kilbourne, 1990). It asks specific questions about what needs to
happen to accomplish a strategic goal; operational plans ask how the
Category # 3. The Scope or Breadth Dimension in Planning organization will generally do something to accomplish the company’s mission
(Alvernia University, 2017).
The scope dimension refers to the proportion of the total
management system at which the plan is aimed. Some plans are designed to 4. Contingency Planning
cover the entire operating system. This plan is often referred to as a master
plan. Other plans are developed to cover only a portion of the management Contingency Planning is need-based and is formulated when the
system. (Isabedra, 2017). need for change arises or during the occurrence of any unexpected
circumstance. It is also called alternate plans as it comes under picture once
Types of Plans other plans fail to produce desired results. The process includes formulating
policy, identifying critical factors of a business, risk analysis, preventive control
Planning has four main types they are: measures, developing recovery strategies, and testing, training, monitoring
plan (StudiousGuy.com, 2022).
1. Operational Planning
Operational Planning is the use of rational design or Other Types of Plans
pattern for all departmental undertakings rather than relying on
chance in an operational environment. The preparation and Aside from the four major types of plans here are other types of plans
development of procedures and techniques in accomplishing each of (sckool.org, 2022):
the primary tasks and functions of an organization. These are the
plans that are made by frontline, or low-level, managers. It is focused  Reactive Plans- these are plans that are developed as a result of a crisis. A
on the specific procedures and processes that occur within the lowest particular problem may occur for which the department has no plan and must
levels of the organization (Types of Planning: Strategic, Tactical, quickly develop one, sometimes without careful preparation.
Operational & Contingency Planning, 2012).
 Proactive Plans- these are plans that are developed in anticipation of problems.
2. Strategic Planning
Although not all police problems are predictable, many are, and it is possible for a
Strategic planning deals with the future, but only as it
police department to prepare a response in advance.
relates to present decisions. It is the process of selecting an
organization’s goals, determining the policies and programs  Visionary Plans-these are plans that are essential statements that identify the
necessary to achieve specific objectives, and establishing the role of the police in the community and the future condition or state to which the
methods necessary to assure that the policies and strategic programs department can aspire. A vision may also include a statement of values to be used
are implemented. It is defined as long-range planning that focuses on to guide the decision-making process in the department. Extra-office Plan- these
the entire organization. It involves managers at the highest levels. are plans for the operation of special divisions like patrol, detective, traffic, vice,
Executive directors and presidents, leaders of the organization, are and juvenile control division.
involved. They must have a part in where the organization is headed
and how it will get there (Kilbourne, 1990). It includes a high-level  Management Plan- these are formal planning tools that aim to design the future
overview of the entire business. It’s the foundational basis of the operations of the facility. It shall map out in advance all operations involved in the
organization and will dictate long-term decisions. The scope of organization’s management of personnel and material and in the procurement and
strategic planning can be anywhere from the next two years to the disbursement of money.
next 10 years. Important components of a strategic plan are vision,
mission and values (Alvernia University, 2017).

38
Major Approaches in Police Planning Incremental Approach means to break down long term planning into
smaller entities. The problem is seen as too difficult when they are grouped
1. Synoptic Approach together and easier to solve when they are taken one at a time and broken
down into gradual adjustment overtime. Rather than taking one gigantic jump
Synoptic planning or the rational comprehensive
towards tackling an issue, the incremental model separates the dynamic cycle
approach is the dominant tradition in planning. This model is based
into little advances. The cycle of then moving between the steps is known as
on a problem-oriented approach to planning especially appropriate
muddling through and depends on the blend of involvement, instinct,
for police agencies. It relies heavily on the problem identification and
speculating, and utilizing various methods (NOSPlan, 2021). Advantages of
analysis of the planning process. It is a continuous cycle of
Incremental approach are:
understanding an issue, building up and assessing planning
measures, making alternatives, executing alternatives, and checking  A modest number of alternatives and results are considered at
the progress of the picked alternatives. It can assist police each phase of the dynamic cycle. Therefore, the expenses of
administrators in formulating goals and priorities in terms that are planning are limited.
focused on specific problems and solutions that often confront law
enforcement (Roberts, 2000).  The prompt impact is negligible and typically not problematic as
each progression is proposing just a little change.
2. Transactive Approach
 Simple and adaptable.
Transactive Approach is an alternative planning that
depends on individual correspondence and talk among planners and 4. Advocacy Approach
the people influenced by planning. It is carried out in face-to-face
interaction with the people who are to be affected by the plan and not Advocacy Approach focuses on the greater sensitivity to the
to an anonymous target community of beneficiaries It depends on unintended and negative side effects of plans. It is generally applied to shield
social learning theories, gathering, and sharing information, and the interests of frail against strong local communities, natural causes, poor
helping social developments with acquiring from their experiences. In people, and the disappointment against the setup forces of business and
Transactive planning, the goal is shared learning (NOSPlan, 2021). government. It is premised upon the inclusion of the different interests involved
in the planning process itself (NOSPlan, 2021). The advantages of Advocacy
The transactive planning approach bases on the unsullied approach are:
experience of people’s lives uncovering policy issues to be tended to.
Planning isn’t finished concerning a strange target neighborhood  Raising of the public's mindfulness.
beneficiary yet in very close contact with the people impacted by
 Method of participatory planning and drawing in with the more
decisions. Planning contains less of field studies and data
extensive local area.
examinations, and a more noteworthy measure of social trade set
apart by a pattern of normal learning. Techniques include field  Allows planners to contend among themselves while speaking to
surveys and interpersonal dialogue marked by a process of mutual the perspectives of their customers.
learning (NOSPlan, 2021). The planning cycle of Transactive
Approach is described by:  Raise the standard and nature of planning practices and results.

 Interpersonal discourse and common learning.  Creating a climate that energizes uplifting perspectives towards
helpful cooperation
 A focal spotlight on the individual and hierarchical turn of
events. 5. Radical Approach

 Incorporation of customary information. Radical planning is a stream of metropolitan planning which tries to
oversee advancement in a fair and local area- based way. The first
 Thus, planning is more an abstract undertaking than a mainstream radical approach involves collective actions to achieve concrete
goal cycle. results in the immediate future. The second mainstream is critical of large-
scale social processes and how they permeate the character of social and
3. Incremental Approach
economic life at all levels, which, in turn, determine the structure and evolution
39
of social problems. The cycle of radical planning follows (NOSPlan, Importance of SWOT Analysis
2021):
A SWOT analysis can help an organization improve processes and plan for
 Criticism of the ‘current request’ the given practice (or set growth. While similar to a competitive analysis, it differs because it evaluates both
up traditions). internal and external factors. Analyzing key areas around these opportunities and
threats will equip an organization with the insights needed to set the organization up for
 Creation of new information, elaboration of an elective success. Here are some of the importance of a SWOT Analysis (Raeburn, 2022):
proposition (‘rising above’).
1. Identifies Areas of Opportunity. One of the biggest benefits of conducting an
 Development of activity systems and strategies. analysis is to determine opportunities for growth. It’s a great starting point for
startups and teams that know they want to improve but aren’t exactly sure how
 Dissemination of ‘data’, discovering partners.
to get started. Opportunities can come from many different avenues,
 Clash/Conflict with the current request and capitalizing on opportunities is an excellent way to grow as an organization,
2. Identifies Areas That Could Be Improved Identifying weaknesses and
 Organizations. Expansion on account of achievement threats during a SWOT analysis can pave the way for a better planning and
strategy.
SWOT Analysis 3. Identifies Areas That Could Be At Risk- it’s always crucial to identify risks
SWOT (strengths, weaknesses, opportunities, and threats) analysis is a before they become a cause for concern. A SWOT analysis can help an
framework used to evaluate an organization’s competitive position and to organization stay on top of actionable items that may play a part in their risk
develop strategic planning. SWOT analysis assesses internal and external decision- making process.
factors, as well as current and future potential (Kenton, 2021). It is a technique SMART Method
used to identify strengths, weaknesses, opportunities, and threats for the
organization (Raeburn, 2022). SMART is an acronym that stands for Specific, Measurable, Achievable,
Relevant and Time-based. Each element of the SMART framework works together to
SWOT is an acronym that stands for: create a goal that is carefully planned, clear and trackable (Indeed Editorial Team,
Strengths. These refer to internal initiatives that are 2021). Goals provide a sense of direction, motivation, a clear focus, and clarify
performing well. It describes what an organization excels at and what importance. By setting goals, an organization is providing itself with a target to aim for.
separates it from the competition. SMART goals are (CFI Education Inc., 2022):

Weaknesses These are areas where the business needs to Specific


improve to remain competitive. It refers to internal initiatives that are  Well defined, clear, and unambiguous.
underperforming. It’s a good idea to analyze the strengths of the
organization before its weaknesses in order to create the baseline of  Make the goals specific and narrow for more effective planning.
success and failure. Identifying internal weaknesses provides a
starting point for improving those projects. Measurable

Opportunities It is the result from the organization’s  With specific criteria that measure your progress toward the accomplishment
existing strengths and weaknesses, along with any external initiatives of the goal.
that will put it in a stronger competitive position. These refer to
 Define what evidence will prove that the organization is making progress,
favorable external factors that could give an organization a
and reevaluate when necessary.
competitive advantage.
Achievable
Threats-These refer to factors that have the potential to
harm an organization. These are areas with the potential to cause  Attainable and not impossible to achieve.
problems. Different from weaknesses, threats are external and out of
the organization’s control.  Make sure that the organization can reasonably accomplish its goals within a
certain timeframe.
40
Realistic crimes represented by pins. Although useful, manual wall maps, offer limited
utility because they are difficult to keep updated, keep accurate, make easy to
 Within reach, realistic, and relevant to your life purpose read, and can only display a limited amount of data. For example, although
different colored pins could be used to represent different types of crime, date
 The organization’s goal should align with the organization’s values
and time of incidents, the nature of incidents, and other information cannot be
and long term objectives.
displayed easily. In order to update a manual wall map, for example, the pins
Timely must be removed each month. Unless a photo or some other mechanism is
used to record the previous month’s map, the information illustrated on the
 With a clearly defined timeline, including a starting date and a target map is lost. Thus, comparison is difficult, if not impossible, from one month to
date. The purpose is to create urgency. the next. Finally, the maps become unreadable when they display large
amounts of data because of the numerous pins and/or holes (Boba, 2001, p.
 Set a realistic, ambitious end date for task prioritization and 18).
motivation.
2. Computer Mapping

Computer map is like a wall map, in that the computer is used to


Chapter 7 place a point at a specific location just as a person would put a pin on a wall
What is Crime Mapping? map. Thus, computer maps have limitations similar to wall maps. While
visually appealing and easy to use, computer mapping does not allow any
Crime Mapping is associated with the simple display and querying of more effective analysis than manual pin mapping (Boba, 2001, p. 19)
crime data using a Geographic Information System (GIS)”. It is a general term
that encompasses the technical aspects of visualization and statistical 3. Geographic Information System (GIS)
techniques, as well as practical aspects of geographic principles and A GIS is a powerful software tool that allows the user to create
criminological theories (Wilson and Filbert K, 2008) The term is a combination anything from a simple point map to a three- dimensional visualization of
of visualization and statistical techniques manifested as software. This spatial or temporal data. A GIS is different from manual pin maps and
combination of techniques is shared between mapping, spatial analysis, and computer maps in that it allows the analyst to view data behind the geographic
spatial data analysis. Mapping is simply a visualization tool that is used to features, combine various features, manipulate the data and maps, and
display raw geographic data and output from analysis, which is done through a perform statistical functions (Boba, 2001, p. 19).
GIS (Wilson and Filbert K, 2008).
4. Crime Analysis Mapping
A geographic information system (GIS) is a system that creates,
manages, analyzes, and maps all types of data GIS connects data to a It is the process of using a geographic information system in
map, integrating location data (where things are) with all types of combination with crime analysis techniques to focus on the spatial context of
descriptive information (what things are like there) This provides a criminal and other law enforcement activity (Boba, 2001, p. 20). In this report,
foundation for mapping and analysis that is used in science and almost the term crime analysis mapping is used to describe this process because
every industry GIS helps users understand patterns, relationships, and using a GIS to analyze crime is not just the act of placing incidents on a map
geographic context. but also of analysis.
Types of Mapping History of Crime Mapping
Here are the types of mapping being employed in law enforcement, The first instance of crime mapping is in 1829, Adriano Balbi and André
particularly that of crime mapping (Boba, 2001): Michel Guerry produced maps showing the relationships between educational level
and violent and property crime in France (Dent, 2000) The production of maps that
1. Manual Pin Mapping showed rates of male incarceration and county crime started in 1849 by Joseph
Wall maps have long been a simple and useful way to depict Fletcher, and in 1861 by Henry Mayhew (Chamard, 2006).
crime incidents or hot spots. Many police departments still have large
maps tacked to the wall of the briefing room with the most recent

41
In the early 20th century, Clifford Shaw and Henry McKay mapped SYMAP was the first automated computer mapping system that included spatial
thousands of incidents of juvenile delinquency and analyzed the relationships analytic capabilities applied to spatially distributed data It was based on line
between delinquency and various social conditions in the United States (Shaw printer technology Its principal technical innovations for graphics were to enable
and McKay, 1942). They found that the zone adjacent to the central business the typeface ball on the printer to be stopped and a series of overprinting
district, the zone of transition, perpetually suffered from the highest rates of commands to be invoked, which then created a gray scale
juvenile delinquency and other social problems regardless of the specific
ethnic group occupying the zone at the time. ESR is New Zealand’s Crown Research Institute specializing in science for
communities. ESR uses world-leading science to safeguard our health, keep our
In the 1950s, Jane Jacobs introduced constructs that are still used in communities safer, pro- tect our food-based economy and improve the health of
today’s place-based research, such as eyes on the street and social capital. our water and natural environment.
Although Jacobs did not attempt to forecast crime, her work led to later
research positing that crime has spatial patterns and thus should be able to be ambitious Geographic Base Files and Dual Independent Map Encoding (GBF-
forecast. Criminologists began to emphasize the importance of place in the DIME) project, which was used to create digitized street maps for all cities in the United
1970’s. Lawrence Cohen and Marcus Felson’s routine activities theory States during the 1970 census (support.esri. com, 2022). These advances were
(RAT) described how routine activities affect crime (Cohen and Felson, 1979). necessary for the development of GIS programs used in crime mapping.
Cohen and Felson argued that due to the consistency in our routines, we
GBF-DIME or Geographic Base Files/Dual Independent Map Encoding Vector
should be able to forecast crime; the spatial and temporal structure of routine
geographic base files made for the 1970 and 1980 US censuses, containing
legal activities should play an important role in determining the location, type
address ranges, ZIP Codes, and the coordinates of street segments and
and quantity of illegal acts occurring in a given community or society (Cohen
intersections for most metropolitan areas in the United States TIGER files
and Felson, 1979).
replaced DIME files for the 1990 and subsequent censuses
The late 1960s and early 1970s were critical for the development of
During the 1980s, National Institute of Justice (NIJ) funded evaluations of
crime mapping. In 1966, the Harvard Lab for Computer Graphics and
place-based policing strategies, including the research by Sherman and colleagues as
Spatial Analysis developed SYMAP” or the Synagraphic Mapping System,
well as similar research in Chicago. NIJ also began funding the development of
one of the first widely distributed computerized mapping software programs.
technologies that were later incorporated into crime mapping software (Hunt, 2019). In
Then, in 1969, the Environmental Science and Research Institute” was
1997, NIJ established the Crime Mapping Research Center, which surveyed law
founded and became one of the top distributors of GIS software, including the
enforcement departments to determine how they used analytic mapping (Harries,
current ArcView and ArcGIS software packages. Also, around this time, the
1999). In 2016, NIJ released the Real-Time Crime Forecasting Challenge, which
U.S. Census Bureau began the
asked competitors to forecast where crime was likely to cluster in the future within the
Jacobs refers to the concept of “eyes on the street” which is the activity jurisdiction of the Portland (Oregon) Police Bureau (Hunt, 2019).
taking place in city streets that keeps the movement and security of the
Crime Mapping Research Center provided training in computer mapping
street intact. She suggests that where there is a crowd of people, our
technology, collect and archive geocoded crime data, and develop analytic
streets are safer to use because if someone is in trouble the eyes on the
software
street are ready to assist and protect from danger She refers to this
constant mix of strangers on the street as an “intricate baller or a dance The Real-Time Crime Forecasting Challenge sought to harness the advances in
where everyone contributes to the well being of the street in making it a data sci ence to address the challenges of crime and justice. If encouraged data
liveable place (Jagannath, 2016) scientists across all scientific disciplines to foster innovation in forecasting
methods.
Social Capital is the everyday activities and interactions that occur in a
neighborhood slowly build up a network of relationships between Crime Mapping in the Philippines
neighbors This “social capital” provides a foundation for mutual trust,
shared efforts, and resilience in times of trouble (Jane’swalk org. 2017) In 2012, the PNP Cordillera developed a GIS based tool for more accurate
crime analysis and internal security operation. The E-Blotter and Mobile Tracking
According to RAT, for a crime to occur, three things must coincide at the System of Patrol Vehicles” in the region are also incorporated in the GIS project to
same place and time a person motivated to commit a crime, a suitable further improve the police’s response time on any incident. With the help of this new
target, and a lack of capable guard- lanship

42
system, local patrol vehicles can be monitored for easier dispatch in any Theoretical Explanations of Crime and Place
incident, accident, or disaster-hit areas (Geospatial World, 2012).
Theories of crime and place understand crime in a physical or spatial
Recently known as Crime Information Reporting and Analysis System environment They explain crime patterns by the location of targets, offenders choice of
(CIRAS) is an elec tronic database system that facilitates crime travel routes, use of space for various activities, and the innate ability of a place or
documentation and systematic data storage and retrieval It was target to defend itself (what when-how.om, n.d.). Theories of crime and place can be
launched on September 6, 2011 to serve as a more efficient electronic described as belonging together under the umbrella of what is called Environmental
blotter system across the country Criminology (Brantingham and Brantingham, 1981).

In accordance with NAPOLCOM Resolution No 2009-651, GPS tracking Level of Theories of Crime
devices will be installed in every mobile asset of the unit, patrol vehicles,
SWAT vehicles, motorcycles, and other police vehicles. Macro-Level

The Police Regional Office Cordillera Web-based Crime Mapping Theories of crime and place at this level of spatial aggregation
allows the general public and the community to view up to date crime incidents explain crime patterns across larger areas. Examples of macro-level crime and
within the region. It’s their belief that providing this information to the public will place theories include routine activity theory, crime pattern theory.
help in reducing the crimes in the region. Knowing where and when crimes
Meso-Level
happen allows the public to avoid being a victim by taking precautions when
passing through those locations or taking alternative routes (Police Regional Explanations of crime at the meso-level explain crime at an
Office Cordillera, 2012). intermediate level of spatial aggregation. Examples of crime and place
theories at the meso-level include territorial functioning, and collective efficacy.
The information provided online is limited to the basic attributes of the
crime and does not expose the victim’s identity nor the suspect Micro-Level
Residents can also give tips or feedback regarding crimes and other
issues to the Police force and the community They strongly encourage Theories at the micro-level focus on explanations of crime at the
the public to report crimes to the nearest Police Station within their individual level or at the actual location of the crime. An example of these
respective location This engages them to become partners in crime theories is rational choice theory.
prevention and control
Environmental Criminology
In 2016, as part of the 12 Key Result Areas of the PNP Patrol Plan
Environmental criminology is the study of crime as it occurs within a
2030” which is Information Technology; the PNP aims to develop and
geographical area, and it’s a positivist theory that suggests crime is influenced, if not
implement a PNP Integrated Crime Management Information System, or
caused, by a person’s spatial environment. The basis is specifically how individuals,
CMIS. The system will be designed to work as part of the broader criminal
with all their diverse attributes, become influenced to commit crimes by the elements in
justice information system architecture. The PNP CMIS will operate at the
their immediate location (Environmental Criminology: Definition, Theory & Crime
police station level providing transaction processing modules that will feed into
Analysis, 2021). Environmental criminologists look for crime patterns and seek to
a crime database, tracking, and monitoring system that will enable crime
explain them in terms of environmental influences. From these explanations they derive
mapping and analysis at station and higher geographical levels (PNP, 2016).
rules that enable predictions to be made about emerging crime problems, and that
The PNP PATROL Plan 2030 or PNP Peace and Order Agenda for ultimately inform the development of strategies that might be employed to prevent crime
Transformation and Upholding of the Rule of Law (PNP PATROL Plan (Wortley and Mazerolle, 2013, p.1).
2030) is the PNP’s organizational ad- aptation of the National
Rational Choice Theory
Government’s Performance Governance System (PGS) that is a local
adaptation of the Harvard Business School’s Balanced Scorecard (BSC) Rational choice theory, also called rational action theory or choice theory,
as a strategic management and performance measurement tool to attain is a school of thought based on the assumption that individuals choose a course of
its vision of safe place to live work and do business action that is most in line with their personal preferences (Amadae, 2021). It posits that
people calculate the costs and benefits of choices in making decisions. The perceived
costs. Risks, benefits of certain actions can be dependent on one’s own personal
preferences (Nickerson, 2021).
43
Routine Activities Theory Because of engaging in routine activities, people either offenders or otherwise,
are believed to form mental maps to represent the routine activity nodes they frequent
Developed by Marcus Felson and Lawrence E. Cohen (1979), the pathways they must travel to move from one activity node to another, and the
routine activities theory requires three elements be present for a crime to areas that surround them. Some routine activity nodes will be shared by many people
occur. 1) a motivated offender with criminal intentions and the ability to act on and hence encapsulated in their awareness spaces, but others will be more unique to
these inclinations, 2) a suitable victim or target, and 3) the absence of a particular individuals. It is where offender awareness spaces overlap with suitable
capable guardian who can prevent the crime from happening. These three opportunities for crime that they are most expected to engage in crime. And it is where
elements must converge in time and space for a crime to occur. the activity spaces of many offenders overlap that hotspots of crime are most likely to
form (Johnson, 2014).
Routine activities theory relates the pattern of offending to the
everyday patterns of social interaction. Crime is therefore normal and is Routine activity nodes typically include a person’s home, place of work places of
dependent on available opportunities to offend. If there is an unprotected recreation, and so on, and it is the environmental backcloth that determines their
target and there are sufficient rewards, a motivated offender will commit a distribution in space
crime. It is an approach in criminology which examines the ways in which the
everyday behavior of individuals exposes them to more or less risk of being a Territorial Functioning
victim. The exploration of such routine activities allows the criminologist to
identify ‘hot spots’ where criminal activity is likely to be concentrated Territorial functioning is a perspective within environmental criminology that
(Nickerson, 2022). links the presence of fear of crime to the amount of crime. From this perspective, the
occurrence of crime and fear of crime are associated with three elements (Taylor,
Cartographic School 1988):

The cartographic school of criminology represents or examines the 1. Attitudes of residents (responsibility and perceptions of control);
relationship of criminality to the physical environment and other social factors. 2. Behaviors (responding to intrusions or potential intrusions and exercising
Lambert Adolphe Jacques Quételet (a Belgium mathematician) and Andre- control over activities in the territory); and
Michel Guerre (a French statistician) in Europe during the 1830’s and 1840’s 3. Markers (signs and embellishments).
were the proponents of this school of criminology. They compiled detailed
statistical information relating to crime and attempted to identify the It revolves around protecting a space and defending it against intrusion. It is
circumstances that predisposed people to commit crimes (Hagan, 2010). based on the notion that residents are likely to protect spaces that belong to them, and
over which they have some means of control (Taylor, Gottfredson, and Brower, 1984).
This school of thought used maps to plot crimes within a certain
geographic area. It also uses mathematics and statistics in conjunction with Collective Efficacy
cartographic practices to promote scientific knowledge about crime’s
Collective efficacy is the process of activating or converting social ties among
relationship to social factors. This school introduced the first.
neighborhood residents in order to achieve collective goals, such as public order or the
Spatial and ecological perspectives on crime and criminal behavior. control of crime (Sampson, 2006). It is represented as a combined measure of shared
As geography plays an important role within modern policing, cartographic expectations for social control and social cohesion and trust among neighborhood
schools can contribute valuable information to criminal research and crime residents (Cullen, and Wilcox, 2010). Collective efficacy describes what residents are
prevention (Levinson, 2002). willing to do to improve their neighborhoods. Although social cohesion is the foundation
of collective efficacy, at the core of collective efficacy are the willingness to intervene
Crime Pattern Theory and the capacity for informal social control. In neighborhoods with collective efficacy,
neighbors agree on what is acceptable behavior and reinforce it in each other (Higgins
Crime pattern theory posits that criminal events are most likely to and Hunt, 2016).
occur in areas where the activity space of offenders overlaps with the activity
space of the potential victim/targets (Boba, 2005. P.62). It considers how Geographic Information System
people’s everyday activities influence their awareness spaces and, in the case
of offenders, how this influences their spatial decision-making when it comes Geographic Information System (GIS) is a system that creates, manages,
to offending. analyzes, and maps all types of data. GIS connects data to a map, integrating location
data (where things are) with all types of descriptive information (what things are like
there) (ESRI, n.d.). It is a computer system that analyzes and displays geographically
44
referenced information. It uses data that is attached to a unique location schools, points of interest, and in the example below, bridge and
(USGS, n.d.). culvert locations. Point features are also used to represent abstract
points. For instance, point locations could represent city locations or
Types of GIS Data place names” (Dempsey, 2021).
A geodatabase is a database composed of spatial data and attribute
data (Dempsey, 2021). Spatial data is any type of data that directly or
indirectly references a specific geographical area or location (Zola
and .Fontecchio, n.d.). Data quality is the degree of data excellency that
satisfies the given objective. In other words, completeness of attributes in
order to achieve the given task can be termed as Data Quality/ Data quality is
a pillar in any GIS implementation and application as reliable data are
indispensable to allow the user obtaining meaningful results (Dempsey, 2008).
Spatial Data quality can be categorized into:

 Data Completeness It is basically the measure of totality of features. A


data set with minimal number of missing features can be termed as
Complete Data.

 Data Precision It is the degree of details that are displayed on a uniform


space.

 Data Accuracy- It is the discrepancy between the actual attributes value


and coded attribute value. Data Consistency-It is the absence of conflicts
in a particular database.

Attribute data is information appended in tabular format to spatial


features. The spatial data is the where and attribute data can contain
information about the what, where, and why. Attribute data provides
characteristics about spatial data (Dempsey,2013). The main difference
between attribute data and spatial data is that the attribute data describes the
characteristics of a geographical feature while spatial data describes the
absolute and relative location of geographic features.

Types of Spatial Data

In GIS spatial referenced data group can be further classified into two
different types (Dempsey, 2021):

1. Vector data- It is composed of individual points stored as coordinate


pairs that indicate a physical location in the world. It is extremely
useful for storing and representing data that has discrete boundaries,
such as borders or building footprints, streets and other transport
links, and location points (Romeijn, n.d.). There are three types of
vector Data, namely:
 Point data (feature)- It is commonly used to represent
A point feature in the geographic information system is analogous to a pin
nonadjacent features and to represent discrete data points.
placed on a paper wall map. Different symbols are used to depict the location of
Points have zero dimensions; therefore, you can measure
neither length nor area with this dataset. Examples would be
45
crimes, motor vehicle accidents, traffic signs, buildings, beat stations, A line feature is a geographic feature that can be represented by a line or set of
and cell phone towers. The following map shows a robbery point map. lines

 Line (or arc) data (feature)- It is used to represent linear  Polygon data (feature)- It used to represent areas such as the
features. Common examples would be rivers, trails, and boundary of a city (on a large- scale map), lake, or forest. Polygon
streets. Line features only have one dimension and features are two dimensional and therefore can be used to measure
therefore can only be used to measure length. Line features the area and perimeter of a geographic feature. It is commonly
have a starting and ending point. Common examples would distinguished using either a thematic mapping symbology (color
be road centerlines and hydrology. Symbology most schemes), patterns, or in the case of numeric gradation, a color
commonly used to distinguish arc features from one another gradation scheme could be used⁹ (Dempsey, 2021).
are line types (solid lines versus dashed lines) and
combinations using colors and line thicknesses58
(Dempsey, 2021).

46
Both line and point feature data represent polygon data at a much
smaller scale. They help reduce clutter by simplifying data locations. As the
features are zoomed in, the point location of a school (for example) is more
realistically represented by a series of building footprints showing the physical
location of the campus. Line features of a street centerline file only represent
the physical location of the street. If a higher degree of spatial resolution is
needed, a street curb width file would be used to show the width of the road as
well as any features such as medians and rights-of-way or sidewalks
(Dempsey, 2021).

A polygon feature is a multi sided figure represented by a closed set of


lines.

2. Raster Data. It is also known as grid data, it represents the fourth


type of feature: surfaces (Dempsey, 2021). It is cell- based, and this
data category also includes aerial and satellite imagery. It provides a
representation of the world as a surface divided up into a regular grid
array, or cells, where each of these cells has an associated value
(Romeijn, n.d.). There are two types of raster data:
 Continuous Raster Data- It has no clearly defined
boundaries. Every point on a map made with continuous
GIS data will contain a value.. Elevation, slope, temperature,
and precipitation are examples of datasets that are
continuous (Dempsey, 2020).

Discrete Raster Data- It is a geographic data that only occurs in specific


locations. For polygon data, discrete data has well defined boundaries. Point and line
GIS data such as tree locations, rivers, and streets all fall into the category of discrete
datasets. Maps made with discrete GIS data will have areas on the map that contain
values from that dataset and areas on the map where that dataset is absent (Dempsey,
2020).

There are also three types of raster datasets (Dempsey,2021):

1. Thematic data- Thematic data layers are information data sets that have a
common feature or attribute placed in the same layer of spatial data. This
guide is arranged by general spatial themes. This guide is meant to be a
starting point for finding spatial data that corresponds to a specific focus of a
GIS analysis or map.

47
48
2. Spectral data these are satellite images and aerial photographs 3. Pictures (imagery)- this includes scanned maps or drawings and building
which are then often used to derive information (example: vegetation photographs.
geologic information) by classifying the spectral signatures of each
type of feature Types of Attribute Data

Attribute data can be store as one of five different field types in a table or
database (Dempsey, 2013):

1. Character The character property (or string) is for text- based values such as
the name of a street or descriptive values such as the condition of a street.
Character attribute data is stored as a series of alphanumeric symbols
2. Integer- It is a whole number (not a fractional number) that can be positive,
negative, or zero. It is divided between short and long integer values. Short
integers store numeric values without fractional values for a shorter range than
long integers.
3. Floating it attributes values store numeric values with fractional values. These
are for numeric values with decimal points.
4. Date it contains date and time values.
5. BLOB it stands for binary large object and this attribute type is used for storing
information such images, multimedia, or bits of code in a field. This field stores
object linking and embedding (OLE) which are objects created in other
applications such as images and multimedia and linked from the BLOB field

Geographical Information System and Crime Mapping

According to Chainey and Ratcliff (2005) crime mapping is a progressiveblend


ofpracticalcriminal justiceissues with theresearch field of geographical information
systems and science. GIS can be employed at different levels to support operational
policing, tactical crime mapping. Detection, and wider-ranging strategic analyses
(Chainey and Ratcliff, 2005). In its most basic form, crime mapping is the use of
Geographic Information System (GIS) to visualize and organize spatial data for more
formal statistical analysis. Spatial analysis can be employed in both an exploratory and
well as a more confirmatory manner with the primary purpose of identifying how certain
community or ecological factors (such as population characteristics or the built
environment) influence the spatial patterns of crime. Two topics of particular interest
include examining for evidence of the diffusion of crime and in evaluating the
effectiveness of geographically targeted crime reduction strategies.

Crime mapping can also be used to visualize and analyze the movement or
target selection patterns of criminals. Mapping software allows for the creation of
electronic pin-maps and by spatially organizing the data, GIS increases the analytical
value of these maps. Crime mapping allows practitioners to explore crime patterns,
offender mobility, and serial offenses over time and space. Within the context of local
policing, crime mapping provides the visualization of crime clusters by types of crimes,
thereby validating the street knowledge of patrol officers Crime mapping can be used
for allocating resources (patrol, specialized enforcement) and to inform how the
concerns of local citizens are being addressed (Reid, S., Tita, G., and Valasik, M.,
2019)
49
Law Enforcement and Crime Mapping range comparisons. Examples of administrative crime analysis tasks include providing
economic, geographic, and law enforcement information to police management, City
Computerized crime mapping technology enables law enforcement Administration, City Council, and neighborhood/citizen groups.
agencies to analyze and correlate data sources to create a detailed snapshot
of crime incidents and related factors within a community or other
geographical area. It allows law enforcement agencies to plot crime-related
data against a digitized map of a community, city, or region. Crime related data
then can be compared and analyzed with other external data sources
(Mamalian and LaVigne, 1999).

GIS does not replace a law enforcement agency’s process of


collecting and storing information in a database. Rather, it enhances the
agency’s ability to use the data. It also enhances a police officer’s time on the
streets. An officer with access to GIS software and additional datasets, such
as parolee and probationer data, can run queries from a laptop in the patrol
car (OVC, 2003).

Crime Analysis

Crime analysis is defined as a set of systematic analytical processes


providing timely and useful information on crime patterns and trends. Effective
crime analysis affects all areas and operations of a police department by
refining and distributing useful information (Stiles, 1981). It is used to improve
the operations and administration of police departments, to improve the job
satisfaction of police officers, to permit the patrol deployment system to
correspond with service demand, and to augment patrol activities in crime
prevention (Karpilo, 2019).

Types of Crime Analysis

The types of crime analysis are (Karpilo, 2019):

1. Tactical Crime Analysis This type of crime analysis that looks at the short-
term in order to stop what is currently taking place, it deals with immediate
criminal offenses for example, a crime spree. It is used to identify one
perpetrator with many targets or one target with many perpetrators and
provide an immediate response. It provides information to assist operational
personnel in the identification of crime trends and in the arrest of criminal
offenders.

2. Strategic Crime Analysis: This type of crime analysis looks at the long-
term and on-going issues. It is primarily concerned with operational strategies
and seeks solutions to ongoing problems. Its focus is often on identifying
areas with high crime rates and problem-solving ways to decrease the overall
crime rates. Its purpose is to perform police service more effectively and
efficiently by matching service delivery to demands for service.

3. Administrative Crime Analysis- This type of crime analysis looks at the


administration and deployment of police and resources. It deals with long-
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