CFLM REVIEWER

Management is a set of principles relating to the roles of planning, coordinating, directing and regulating and the
implementation of those principles in the efficient and effective use of physical, financial, human and information capital to
achieve organizational objectives.
Van Fleet and Peterson - A set of activities directed at the efficient and Effective utilization of resources in the pursuit of one
or More goals.
Megginson, Mosley and Pietri- Working with human, financial and physical resources to achieve organizational objectives by
performing the planning, organizing leading and controlling functions.
Kreitner Management is a problem solving process of Effectively achieving organizational objectives through The efficient use
of scarce resources in a changing environment.
F.W. Taylor - Management is an art of knowing what to do, when To do and see that it is done in the best and cheapest Way.
Harold Koontz Management is an art of getting things done Through and with the people in formally organized Groups. It is an
art of creating an environment in Which people can perform and can cooperate towards attainment of group goals.
Task management is the practice of recording personnel’s day-to-day accomplishments in an order in which they are done. It is
a key to an organization’s success, as it helps to monitor the organization’s course and maximize its work efficiency.
Elements of the Ideal Activity Management Label Monitoring this recorded information on a regular basis is
essential to assure the completion and accuracy of the record.
1. The Activity (which is a brief description of what you do)
2. Type of activity (whether it is meeting, an email, phone or others)
3. Name of the task
4. Title of project
5. Name or category of the project
6. The time length of the activity
7. Date of the task
Importance of Activity Management
1. It gives both the employer and the employees, information on the performance of the personnel involved.
2. It helps to organize and emphasize the importance or relevance of the task at hand.
3. It also helps to avoid miscommunications and mistakes of task repetition in the workplace
The Manager
A manager is a person in the organization who Directs the activities of others. They perform their work At different levels and
they are called by different names:
1. The First Line Managers – They are usually called supervisors or in a manufacturing they May be called foremer
2. The Middle Level Mangers – These comprise all management levels between the organization’s supervisory level and
top level. Such managers may be called functional managers, heads of plants, and managers of projects.
3. The Top Managers – They are the ones responsible for making organizational decisions and setting policies and
strategies which affect all aspects of the organization. Such individuals may be named vice-president, managing director,
chief executive officer or board chairman etc.
MANAGERIAL FUNCTIONS
Planning – This is necessary to set goals and to develop strategies for organizing activities.
Organization – It assists in deciding the tasks to be performed, how to do them, how to organize the tasks and where to make
decisions.
Staffing – This is important for employing different types of people and performing different activities such as training, growth,
evaluation, compensation, welfare etc.
Directing – This requires that subordinates be given instructions and motivated to achieve their goals.
Controlling – This is monitoring practices to ensure that the workers perform the tasks as scheduled, and to correct any major
deviations
MANAGERIAL SKILLS
Managing position requires proper skills to perform various jobs. He can not be an efficient manager if he lacks the knowledge
and skills to do the job because it will be the foundations for his workers to be corrected And driven
THREE ESSENTIAL SKILLS OR COMPETENCIES OF THE MANAGER (by: Robert L. Katz)
Technical Skills
Managers must be able to work with the resources, equipment, strategies, procedures or the technical skills. First line executives
as well as many middle managers have been active in the activities of the organization’s technical aspects. Even when a manager
moves higher In hierarchy, the need for technical skills is less, but still technical skill helps in making decisions.
Human Skills
Managers must have the ability to work well with other people both individually and in a group. Managers need these skills at all
levels but top managers need them the most. The manager has interpersonal skills because he gets the best out of the people that
work with him. We are able to communicate, empower, lead and inspire confidence and enthusiasm.
Conceptual Skills
Managers need to be able to integrate and organize the different activities. Managers must be able to think of abstract ideas and to
contextualize them. We need to be able to see the organization as a whole and the relationships between its different sub-units
QUALITIES OF A MANAGER
Since the manager makes decisions for each type of activity and his decisions affect an organization›s work, he should have the
following attributes to do his job properly:
1. Educational competence A manager has to have adequate and outstanding preparation. Besides other educational
qualifications they are required to have management education and training. Education not only widens the intellectual
scope Of executives but also helps to understand and interpret things properly. Business environment awareness is also
essential to tackle the various problems that the company can encounter
2. Intellectual quality Managers should have a higher level of intelligence Relative to others, because they have more
roles in the Organization than other men. Intelligence can assist a Manager in evaluating the organization’s present and
Future organizational possibilities. He must be able to Predict the things in advance and take the necessary Decisions in
due course.
3. Leadership ability A manager has to be able to direct and motivate People working within the business. He shall
subordinate Himself to leadership. The subordinates‘ skills, abilities, And potentials should be retained and properly used
To achieve organizational goals.
4. Training A manager must develop organizational Competencies. As described in the preceding issue, These skills
consist of technical skills, human skills and Logical abilities. These competencies must be gained By schooling, training,
practice etc. Such skills are Important for all executive levels
5. Technical knowledge and skills A manager should have technical knowledge of the organization’s job and other tasks.
He will be better placed to assess and direct if he has knowledge of those things himself.
6. Mental Maturity To deal with different circumstances a manager should have mental maturity. He is supposed to be
polite, good listener and quick to respond to situations. He has to take several uncomfortable decisions that could have an
adverse effect on the job if not taken properly. When dealing with subordinates he will remain calm. All of these
attributes come with maturity of mind.
7. Positive Attitude Positive attitude is to a manager’s asset. A Manager has to deal with a lot of people from both inside
And outside the company. He should be sensitive and Optimistic to different suggestions and make rational Choices. He
should not prejudge issues, and should not Take sides. He will try and develop good relationships With different people
dealing with him. He would Consider their issues and attempt to reach out a helping Hand
8. Self-confidence Every manager should have faith in himself. He has to take a lot of decisions every day; he should
Thoroughly evaluate things before making decisions.
9. Foresight A manager has to make a decision not just for the present but also for the future. The technology, marketing,
consumer behavior, financial set-up etc. are rapidly changing
IMPORTANT ROLES OF A MANAGER As Leader
a. Defining various people’s activities and goals Within the organization.
b. Helps at the work-group to create the right type of Atmosphere and homogeneity.
c. The group’s actions and performance led by him Are influenced

As Coordinator
a. Bring together various resources, both physical And human, for the achievement of organizational Objectives.
b. Mobilizes different resources, brings intelligent Understanding and goodwill among employers to Complete
work at the organization.
c. With the aid of effective communication, better Plan events and programs

As Delegator of Authority
a. Assign duties to the subordinates that he trusted, And delegate the authority necessary. If they do any work
independently, the subordinates May gain confidence and be prepared for higher Responsibilities.
b. Encourage employees to take up appropriate Work according to their skills and knowledge and Train for the next line of
executives.
c. Create proper communication system so that Subordinates are able to get regular guidance and Response for the activities
taken up by them.
CLJ2N
ARTICLE III BILL OF RIGHTS
Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied
the equal protection of the laws.

Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and
seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except
upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and
the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.

Section 3.The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or
when public safety or order requires otherwise, as prescribed by law.

Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.

Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people
peaceably to assemble and petition the government for redress of grievances.

Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free
exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No
religious test shall be required for the exercise of civil or political rights.

Section 6. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except
upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety,
or public health, as may be provided by law.

Section 7. The right of the people to information on matters of public concern shall be recognized. Access to official records,
and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as
basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.

Section 8. The right of the people, including those employed in the public and private sectors, to form unions, associations,
or societies for purposes not contrary to law shall not be abridged.

Section 9. Private property shall not be taken for public use without just compensation.

Section 10. No law impairing the obligation of contracts shall be passed.

Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any
person by reason of poverty.

Section 12. Any person under investigation for the commission of an offense shall have the right to be informed of his right
to remain silent and to have competent and independent counsel preferably of his own choice. If the person cannot afford the
services of counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.

No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against him. Secret
detention places, solitary, incommunicado, or other similar forms of detention are prohibited.

Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him.

The law shall provide for penal and civil sanctions for violations of this Section as well as compensation to the rehabilitation of
victims of torture or similar practices, and their families.

Section 13. All persons, except those charged with offenses punishable by reclusion Perpetua when evidence of guilt is
strong, shall, before conviction, be bailable by sufficient sureties, or be released on recognizance as may be provided by law. The
right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. Excessive bail shall not be
required.

Section 14. No person shall be held to answer for a criminal offense without due process of law.
In all criminal prosecutions, the accused shall be presumed innocent until the contrary is proved, and shall enjoy the right to be
heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy, impartial,
and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witnesses and the
production of evidence in his behalf. However, after arraignment, trial may proceed notwithstanding the absence of the accused:
Provided, that he has been duly notified and his failure to appear is unjustifiable.

Section 15. The privilege of the writ of habeas corpus shall not be suspended except in cases of invasion or rebellion, when
the public safety requires it.

Section 16. All persons shall have the right to a speedy disposition of their cases before all judicial, quasi-judicial, or
administrative bodies.

Section 17. No person shall be compelled to be a witness against himself.

Section 18. No person shall be detained solely by reason of his political beliefs and aspirations.
No involuntary servitude in any form shall exist except as a punishment for a crime whereof the party shall have been duly
convicted.

Section 19. Excessive fines shall not be imposed, nor cruel, degrading or inhuman punishment inflicted. Neither shall death
penalty be imposed, unless, for compelling reasons involving heinous crimes, the Congress hereafter provides for it. Any death
penalty already imposed shall be reduced to reclusion Perpetua.

The employment of physical, psychological, or degrading punishment against any prisoner or detainee or the use of substandard or
inadequate penal facilities under subhuman conditions shall be dealt with by law.

Section 20. No person shall be imprisoned for debt or non-payment of a poll tax.

Section 21. No person shall be twice put in jeopardy of punishment for the same offense. If an act is punished by a law and
an ordinance, conviction or acquittal under either shall constitute a bar to another prosecution for the same act.

Section 22. No ex post facto law or bill of attainder shall be enacted.

MAGNA CARTA OF WOMEN R.A. 9710

 is a comprehensive women's human rights law that seeks to eliminate discrimination through: the recognition, protection,
fulfillment, and promotion of the rights of Filipino women, especially those belonging in the marginalized sectors of the
society. It conveys a framework of rights for women based directly on international law.
The Magna Carta of Women defines it as: ( MARGINALIZED SECTORS)
 Those who belong to the basic, disadvantaged, or vulnerable groups who are mostly living in poverty and have little or
no access to land and other resources, basic social and economic services.
 It is the local translation of the provisions of the Convention on the Elimination of All Forms of Discrimination against
Women's (CEDAW). particularly in defining gender discrimination, state obligations, substantive equality, and
temporary special measures. It also recognizes human rights guaranteed by the International Covenant on Economic,
Social, and Cultural Rights (ICESCR).

On Aug. 14, 2009, Republic Act No. 9710 or the Magna Carta of Women was signed into law by no less than President Gloria
Macapagal Arroyo, a female president
GENDER EQUALITY – is essential for economies and communities to flourish.
WOMEN EMPOWERMENT
 refers to "the provision, availability, and accessibility of opportunities, services, and observance of human rights which
enable women to actively participate and contribute to the political, economic, social, and cultural development of the
nation
 as well as those which shall provide them equal access to ownership, management, and control of production, and of
material and informational resources and benefits in the family, community, and society."
Who will be responsible for implementing the Magna Carta of Women?
 The State, the private sector, society in general, and all Individuals shall contribute to the recognition, respect and
promotion of the rights of women defined and guaranteed in the Magna Carta of Women.

 The Philippine Government shall be the primary duty-bearer in implementing the said law.

Laws Related to Women

RA 6949-Declaring March 8 as National Women’s Day 6949
  Series of 1990 declares March 8 of every year as National which Women’s aims recognition to to Day give The
contributions of Filipino women in our society.

RA 7877 – Anti-Sexual Harassment Act of 1995

 An act declaring sexual harassment unlawful in the employment, education and training environment, and for other
purposes.

RA 8353-Anti-Rape Law of 1997

 An act expanding the definition of the crime of rape, reclassifying the same as crime against persons.

RA 8505-Rape Victim Assistance and Protection Act

 An act providing assistance and protection for rape victims. establishing for the purpose a rope crisis center in every
providence and city, authorizing the appropriation of funds.

RA 9208 Anti-Trafficking in Person Act of 2003

 An Act to institute policies to eliminate trafficking in persons especially women and children, establishing the necessary
institutional mechanisms for the protection and support of trafficked persons, providing penalties for its violations, and
for other purposes

RA 9262 Anti-Violence Against Women and their Children Act of 2004

 An act defining violence against women and their children, providing for protective measures for victims, prescribing
penalties therefore, and for other purposes.

PROHIBITION ON DISCRIMINATION AGAINST WOMEN

RA 6725
 prohibits discrimination with respect to terms and conditions of employment solely on the basis of sex. Under this law,
any employer favoring a male employee over a female in terms of promotion, training opportunities and other benefits
solely on account of sex is considered discrimination.

What is the special leave benefit under the Magna Carta of Women?
• The MCW special leave benefit refers to a female employee’s leave entitlement of up to two (2) months with full pay based on
her gross monthly compensation following surgery caused by gynecological disorders. Gross monthly compensation is defined as
monthly basic pay plus mandatory allowances fixed by the law/regional wage board.

ELIGIBILTY TO MATERNITY LEAVE FOR FEMALE WORKERS IN THE PRIVATE SECTOR

 She must have at least three (3) monthly contributions in the twelve month period immediately preceding the semester of
childbirth, miscarriage, termination of pregnancy. Or emergency
 She shall have notified the employer of her pregnancy and the probable date of her childbirth, which notice shall be
transmitted to the SSS in accordance with the rules and regulations it may provide.

AMOUNT OF BENEFIT
 Covered female workers availing of the maternity leave benefits must receive their full pay Full payment of the
maternity leave benefit shall be advanced by the employer within thirty (30) days from the filing of the maternity leave
application.

ALLOCATION OF MATERNITY LEAVE CREDITS

 A female worker entitled to maternity leave benefits may, at her option, allocate up to seven (7) days of the said benefits
to the child’s father, whether or not the same is married to the female worker. The allocated benefit granted to the child’s
father is covered under the Republic Act No. 8187 or the “Paternity Leave Act of 1996”.
 VAWC leave benefits are leave credits extended to covered female employees who have been the victim of violence
under R.A. 9262, and who may want to use them whenever they take a leave from work, so that they remain paid during
such absence from work.

 The benefit consists of ten (10) working days of leave

What is Parental Leave?
 In addition to leave privileges under existing laws, parental leave of not more than seven (7) working days every year
shall be granted to any solo parent employee who has rendered service of at least one (1) year.

Who are considered Solo Parent?

• Parent left solo or alone with the responsibility of parenthood due to death of spouse

• Parent left solo or alone with the responsibility of parenthood while the spouse is detained or is serving sentence
for a criminal conviction for at least one (1) year;

• Parent left solo or alone with the responsibility of parenthood due to physical and/or mental incapacity of spouse
as certified by a public medical practitioner;

What are the conditions for granting parental leave to solo parents?
• The solo parent must have rendered government service for a least one (1) year, whether continuous or broken,
reckoned at the time of the effectivity of the law on September 22, 2002, regardless of the employment status.

• The parental leave shall be availed of every year and shall not be convertible to cash. If not availed within the
calendar year, said privilege shall be forfeited within the same year.

What are the conditions for granting parental leave to solo parents?
• The parental leave shall be availed of on a continuous or staggered basis, subject to the approval of the
Administrator. In this regard. The solo parent shall submit the application for parental leave at least one (1)
week prior to availing the solo parent leave, except on emergency cases.

What are the conditions for the termination of the privileges of a Solo Parent?
• A change in the status or circumstances of the parent claiming benefits under R.A. No. 8972, such that he/she is
no longer left alone with the responsibility of parenthood, shall terminate his/her eligibility for benefits such as
change in the status with marriage, the concerned parent is no longer left alone with the responsibility of
parenthood, etc.

Gynecological Disorders
• Gynecological disorders are disorders that would require surgical procedures such as, but not limited to, dilation
and curettage and those involving female reproductive organs such as the vagina,, cervix, uterus, fallopian tubes,
ovaries, breast, adnexa and pelvic floor. Gynecological surgeries shall also include myomectomy, hysterectomy,
ovariectomy and mastectomy.

Who may avail the special leave benefit?

• Women employees, regardless of age and civil status
• In the private sector, any female employee who has been with the company for the last twelve (12) months and
has rendered at least six (6) months of continuous aggregate service may avail the said leave prior to undergoing
surgery.
• In the public sector, any female employee who has rendered at least six (6) months aggregated service in any
various government agencies for the last twelve (12) months prior to undergoing surgery for gynecological
disorders may avail of the said leave

When should the application for the special leave benefit be filed?
• The special leave benefit may be filed in advance, at least five (5) days for the government sector, or within a
reasonable period of time prior to the scheduled date of gynecological surgery for the private sector. In case of
emergency surgical procedure, the said leave shall be filed immediately upon the employee’s return from such
leave

What are the documents need the special leave benefit?

• Accomplished and approved leave form being used in the agency/company.
• Medical Certificate certified by competent medical authority preferably specializing in gynecological disorders
who is in the position to determine the recuperation period of the woman employee

• The Medical Certificate shall be accompanied by a clinical summary reflecting the gynecological disorder.
Histopathological report, operative technique used, duration of surgery, period of confinement, as well as period
of recuperation.
What is the Expanded Maternity Leave?
• It is an act increasing the maternity leave period to one hundred five (105) days for female workers with pay and
an option to extend for an additional thirty (30) days without pay. This ato grants extension of fifteen (15) days
for solo mothers and for other purposes.
• The leave period counted in calendar days, Inclusive of Saturdays, Sundays, and holidays. This is in consonance
with the rule that maternity leave should be availed of in a continuous and uninterrupted manner

What benefits are granted to a qualified female worker in the private sector covered by SSS?
• One Hundred (105) days for live childbirth, regardless of mode of pregnancy
• Additional 15 days paid leave if the female worker qualifies as a solo parent under RA No. 8972, or the Solo
Parents’ Welfare Act of 2000”.
• Sixty (60) days paid leave for miscarriage and emergency termination of pregnancy.

FREQUENCY OF THE GRANT

• Maternity leave shall be granted to a qualified female worker in every instance of pregnancy. Miscarriage or
emergency termination of pregnancy regardless of frequency.
LEA4N
ARREST, SEARCH AND SEIZURES
Arrest, defined.
Arrest is the taking of a person into custody in order that he m be bound to answer for the
commission of an offense. An arrest made by an actual restraint of the person to be arrested, or by:
submission to the custody of the person making the arrest. (Section 1-2, Rule 113, Rules of Court [RC])
Thus, an arrested person is a person taken into custody under investigation to answer for the
commission of an orensel DIDM Investigative Directive No. 2015-05)
Who are Exempt from Arrest?
1. A senator or member of the House of Representative shall all offenses punishable by not more thar
imprisonment be privileged from arrest while the comb session. (Section 11 Article VI 1987
Constitution)
Exception: Immunity from arrest is not enjoyed by been convicted. Members of Congress are no detention
of the crime. They may be arrested house is in session, for the crime punishable by more than six months.
(People vs Jalosjos G February 3, 2000

2. Any ambassador or public minister of any foreign stall authorized and received as such by the
Philippines, or and domestic or domestic servant of such ambassador or minister. (Section
4,Republic Act No.75)
Exemption: The provision of the above section shall not apply where:
It is founded upon the debt contracted before the citizen or inhabitant of the Republic of the Philippines, in
the service of an ambassador or a public minister entered upon such service.
b. His name as a domestic servant of an ambassador or a public minister has not been registered in the
Department of Foreign Affairs and transmitted by the Secretary of Foreign Affairs to the Chief of Police.
(Section 5,Republic Act No. 75)
Types of Arrest

Arrest by Virtue of Warrant of Arrest – General Rule no peace officer or person has the power or authority
to arrest anyone without warrant of arrest.
Warrantless Arrest also known as “Citizen’s Arrest” – The warrantless arrest may be made not only by a
peace officer but also by a private person. When the latter makes the arrest under circumstances provided for
under the Rules, the arrest is called “citizen’s arrest.” When a private person makes an arrest, he shall inform
the person to be arrested not of his authority to arrest, but of his intention to arrest him and the cause of his
arrest.
1. A peace officer or a private person may, without a warrant, arrest a person: When, in his
presence, the person to be arrested has committed, is actually committing, or is attempting to
commit an offense (in flagrante delicto)
2. When an offense has in fact been committed, and he has probable cause to believe based on
personal knowledge of fact and circumstance that the person to be arrested committed it (hot
pursuit arrest).
3. When the person to be arrested is a prisoner who has been escaped from a penal
establishment or place where he is serving final judgment or temporarily confined while his
case is pending, or has escaped while being transferred from confinement to another. (Sec.
5,Rule 113,Rules of Court) (Escapee
4. Where a person lawfully arrested escapes or is rescued, and person may immediately pursue
or retake him without warrant at any time and in any place within the country. The pursuit
must be immediate. (Sec. 13, Rule 113, Rules of Court)
5. The arrest is made by the bondsman for the purpose surrendering the accused.(Sec 23,Rule
114,Ibid)
6. Where the accused attempts to leave the country with permission of the court. (Sec. 23, Rule
114, Ibid)
General Guideline of Arrest
a. All arrest should be made only on the basis of a valid Warrant Arrest (WA) issued by a competent
authority, except in instant where the law allows warrantless arrest.
b. No violence or unnecessary force shall be used in making arrest, and the person to be arrested shall
not be subjected to greater restraint than what is necessary under the circumstances.
c. As a general rule, arrest can be made on any day of the week at any time of the day or night.
d. Only judges are authorized to issue Warrant of Arrest.
e. A Warrant of Arrest is no longer needed if the accused is already under detention. An Order of
Commitment is issued by the jiug in lieu of the Warrant of Arrest. (Rule 13.1, Revised P Operational
Procedure Manual 2013)
Authority Given to the Arresting Officer when Making an Arrest
1. Police may summon assistance – A police officer making a lawful arrest may verbally summon as
many persons as he deems necessary to assist him in effecting the arrest.
2. Right of a police officer to break into building or enclosure – A police officer in order to make an
arrest, with or without warrant, may break into building or enclosure where the person to be arrested
is or is reasonably believed to be, if he is refused admittance thereto after announcing his authority
and purpose.
3. Right to break out from building or enclosure- Whenever a police officer has entered the building
or enclosure to make an arrest, he may break out there from, when necessary, to liberate himself.
4. Arrest after escape or rescue – If a person lawfully arrested escapes or is rescued, any person may
immediately pursue to retake him without a warrant at anytime and in any place within the
Philippines. (Rule 13.4,Revised PNP Operational Procedure Manual 2013)

Duties of the Arresting Officer

1. It shall be the duty of the police officer implementing the Warrant of Arrest to deliver the arrested
person without delay to the nearest Police Station or jail to record the fact of the arrest;

2. At the time of the arrest, it shall be the duty of the arresting officer to inform the person arrested of
the cause of the arrest and the fact that a warrant had been issued for his arrest. The arresting officer
need not have the warrant in his possession at the time of the arrest but after the arrest, if the person
arrested so requires, the warrant shall be shown to him as soon as possible;

3. When women or children are among the arrested suspect/s, the arresting officer shall task the
Women and Children Protection Desk (WCPD) officer or a policewoman who is familiar with
women and children protection desk duties to conduct the pat-down search

4. In case of arrest without a warrant, it shall be the duty arresting officer to inform the person to be
arrested authority and the cause of the arrest except when he feels forcibly resists before the arresting
officer has the opportunity inform him or when the giving of such information will impend the arrest

5. The person arrested, with or without warrant, shall be informed of his constitutional rights to remain
silent and that any state he makes could be used against him. Also, that he has the right communicate
with his lawyer or his immediate family and right to physical examination;

6. A person arrested without a warrant shall be immediately brought to the proper Police Station for
investigation with unnecessary delay. He shall be subjected to inquest proceeding within the time
prescribed in Art. 125 of the Revised Penal Code (RPC);

7. No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall
be used against an arrest person. The bringing of arrested persons to secret detention places, solitary
confinement and the like is prohibited;
 8. If the person arrested without a warrant waives his right until the provisions of Art. 125 of the RPC,
the arresting officer should ensure that the former signs a waiver of detention in the presence of his
counsel of choice; and
9. If the person arrested waives his right against self-incrimination and opts to give his statement, the
arresting officer shall ensure that the waiver is made in writing and signed by the person arrested in
the presence of a counsel of his own choice or competent and independent counsel Provided by the
govern (Rule 13.6, Revised PNP Operational Procedure Manual

Medical Examination of Arrested Person/Suspect

Before interrogation, the person arrested shall have the right to be informed of his right to demand
physical examination by independent and competent doctor of his own choice. If he cannot afford the
services of a doctor of his own choice, he shall be provided by the State with a competent and independent
doctor to conduct physical examination. If the person arrested is a female, she shall be attended to preferably
by a female doctor. (Rule 13.7,Ibid)

Immediately after the arrest of a person ordered arrested by the court, or a suspect under
investigation, he should be subjected to a medical examination. Prior to his release or any change of custody,
the suspect should also be medically examined by a medico-legal officer or, in the absence of such medico-
legal officer, by any government physician in the area.

Procedures in Serving Warrant of Arrest

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

Procedures in Effecting Warrantless Arrest

1. Freeze or restrain the suspect/s;

2. Make proper introduction as to identify and authority to arrest
3. Inform the arrested person of the circumstances of his arrest and recite the Miranda Warning and
Anti-torture Warning to him;
4. Secure the person to be arrested and use handcuffs fort protection of the arresting officer, other
individuals or t arrested person himself;
5. Conduct thorough search for weapons and other illegal material on the person arrested and
surroundings within his immediately : control;
6. Confiscated evidence shall be properly documented with the chain of custody of evidence duly and
clearly established;
7. No unnecessary force shall be used in making an arrest; and
 8. Bring the arrested person to the Police Station for further investigation and disposition. (Rule 13.5,
Ibid)

Rights of a Person Arrested, and the Responsibilities and Author of a Police Officer
during Arrest
When the law violator is arrested, the arresting officer has ‘ responsibility to ensure that his rights is
Being protected a respected, according to Republic Act 7438.

1. The arresting officer has the responsibility of informing arrested person of the reason for his arrest in
a language knowable to him.

2. The arrested person may require the arresting officer to show the Warrant of Arrest.

3. The arresting officer should inform the arrested person of constitutional right to remain silent and
that any statement! Makes could be used for or against him in any court of the law;

4. That the arrested person have the right to counsel of his o choice. If the accused cannot afford to hire
a lawyer, government shall be provided to assist the arrested person; d that the arresting officer
should ask the accused if he understand those rights. You have the right to communicate with your
lawyer or your immediate family. It is the responsibility of the arresting officer to see to it that these
are accomplished.

5. The arresting officer has the responsibility to ensure that warrants of arrest are properly served and
he is vested with certain authority to enable him to accomplish the task

Arrested Without Warrant

If a person is arrested without a warrant, he will be immediately brought to the proper police station
and kept there for not more than 12 hours for crimes or offenses punishable by light penalties:18 hours for
crimes or offenses punishable by correctional penalties; and 36 hours for crimes or offenses punishable by
capital penalties.

The arrested person must undergo inquest proceedings in accordance with Section 7, Rule 112 of the
2000 Rules of Criminal Procedure. The accused shall not be subjected to torture, force. Violence, threat,
intimidation, or any other means which vitiate the free will and shall not be brought to secret detention
places, solitary confinement (incommunicado) or other forms of detention.

If the accused have been arrested without a warrant and he waive his right under the provisions of
Article 125 of the Revised Penal Code, the arresting officer shall ensure that he sign a waiver of detention in
the presence of the counsel of his choice.

If he waives his right against self-incrimination and decide to give his statement, the arresting officer
shall ensure that the waiver be made in writing and signed by him in the presence of a counsel of his own
choice or a competent and independent counsel provided by the Immediately after the arrest, the arrested
person subjected to a physical examination by a medico-legal officer or, in the absence of such medico-legal
officer, by any government physician in the area. Prior to your release or any change of custody, you will
also be physically examined.

Planning the Arrest

1. The responsibility of the chief of the unit or team leader.
2. If the arresting team is composed of two (2) or more member, somebody will act as in
charged with the operation, the m senior among the group.
3. Consider the arresting party and the perimeter security.
4. Consider the protection of innocent by stander.
 5. Prevent the escape of the target.
6. Make a secret surveillance or casing the area.
7. Determine the needed weapon and equipment.
8. Considered superiority of manpower and firepower.
9. Devise a simple plan easily understood by the operating team.
10. Consider the element of surprise (dawn attack).
11. Consider the swift execution of the scheme.
12. Consider overall coordination .
13. During the briefing, ask the team if there is question on the plan
14. Who may Execute Arrest.
15. Among other Law enforcement Agency, members of the police and NBI may effect arrests
16. Right of Attorney or relative to visit person Arrested
17. Any member of the Philippine Bar shall be at the request oft person arrested or of another
acting on his behalf have the right to visit and confer privately with the arrested person in
subject for reasonable regulations. The relatives can also exercise the same right. (Section 14
Rule 113)

Techniques in Making Arrest

Enumerated hereunder are some of the guidelines to be follow in making an arrest, to wit:
1. Initial Contact with the Subject
 Police officer identifies in a clear and audible voice and short identification.
 Inform the subject that he is under arrest, and immediately narrate the subject’s constitutional rights.
 Consider the possibility that the subject is wanted for other crimes.
2. Conduct of Arresting Officer
 Be natural and pleasant but forceful and aggressive.
 Dominate the situation.
 Voice must have command authority.
 Demand prompt and absolute obedience.
 Nervousness should be controlled.
 Avoid profanity, this reflects personality weakness.
 Avoid acting “tough” as the subject will be the first to detect it.
 Avoid being reticent or apologetic.
 Avoid unnecessary conversation.
 Officer-in-charge does the talking and gives the command.

Demeanor of Police Officer Making the Arrest

The following are some demeanor and actuation to be adhered by police officer in making arrest to wit:

1. Use good judgment in connection with the arrest.

2. Assume that the subject is armed and will take your life if given an opportunity.

Procedure of Arrest on the Street

Enumerated hereunder are the procedures to be followed during arrest on the street:
1. This should be made from the side or rear when possible.
2. Subject should be forced toward a building.
3. Avoid congested areas when possible.

Special Rules in Arrest

1. All arrest shall be effected pursuant to Rule 113 of the Rules on Criminal Procedures, as amended.
2. Warrant of Arrest shall remain effective until the accused/respondent is arrested or the case against
him is terminated. It shall also cease to be effective upon released of the accused on bail.
3. If the accused/respondent is not arrested within ten (10) days from receipt of the warrant of arrest of
the office, unit or station concerned thru the service thereof, a report shall be submitted to the court
of origin within ten (10) days following the expiration the original ten-day validity. The unexecuted
 original copy of warrant may be machine copied and furnished other enforcement agencies, in the
area where accused/respondents may be found.
4. A peace officer or a private person may arrest a person with warrant when in his presence the person
to be arrested! Committed, is actually committing, or is about to commit offense; or he has personal
knowledge of the facts indicating the person to be arrested is the one who has committed: offense, or
is a prisoner who has escaped from per establishment or place where he is serving final judgment
temporarily confined while his case is pending or has escape while being transferred from one
confinement or another.

5. In all instances of arrest, the arresting peace officer or private person shall inform the person to be
arrested of the intention arrest him, and the cause for the arrest, unless the person to be arrested is
then engaged in the commission of an offense or pursued immediately after its commission or after
an escape flees or forcibly resists before the officer or the person making” arrest has opportunity to
inform him, or when the giving of sufficient information will imperil the arrest.

6. In the case of motorized suspect to be arrested, the siren al megaphone shall be used to warn the
occupants to park the vehicle and give-up peacefully. The arresting officer shall approach the person
on foot with proper back-up from companions. The driver and other suspects shall be requested! Get
out of the car with both hands visible to the apprehender officer. If the situation warrants the arrest,
the apprehend suspects shall be brought to the police station for further investigation.

Life of a Warrant of Arrest

A warrant of Arrest does not become stale or functus oficio unlike search warrant which is valid for
ten (10) days. A warrant of arrest remains valid until arrest is effected or the warrant lifted. (Manager vs
CFI, G.R No. 82760, August 30, 1990, 189 SCRA 217)
The head of the office to whom the warrant of arrest has been delivered for implementation shall
cause the warrant to be implemented within ten (10) days from receipt. Within ten (10) days after the
expiration of such period, the police officer to whom it was assigned for implementation shall make a report
to the judge who issued the warrant and in case of his failure to implement the same. Shall state the reasons
thereof. (Rule 13.2,Revised PNP Operational Procedure Manual 2013)

SEARCH AND SEIZURE

Introduction
Search and seizure is a method used in many civil law and common law legal systems by which police
officer and its personnel or other law enforcement agencies suspecting that a crime has been committed, can
start a search of a person’s property and confiscate any significant evidence found in connection to the
crime. Some countries have certain laws and decrees

Search and Seizure, defined.

Search is an examination of an individual person, house or effects, or other buildings and premises to
discover contrabands or some evidence of guilt to be used in the prosecution of a criminal action. In criminal
law, search means examination of a person’s belongings or property or other area which the person would
reasonably expected to consider as private by a law enforcement officer finding evidence of a crime.

Seizure means forcible possession; a grasping, snatching putting in possession. In Criminal Law, a seizure
is the forcible tab of property by a government law enforcement official from a person who is suspected of
violating, or is known to have violated, the law.

Why Search and Seizures is Important

Search and seizure is the activity or practices engaged in by law enforcement officers in order to gain
sufficient evidence to ensure the arrest and conviction of an offender. This allows police and other law
enforcement agents in carrying out searches and seizures sped area and location.
Constitutional Safeguards Against Unreasonable Searches a Seizures
Section 2, Article III of the 1987 Constitution which applies both Filipinos and foreigners alike, explicitly
provides –
“Sec. 2. The right of the people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no
search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by
the judge after examination under oath or affirmation of the complainant and the witnesses he may produce,
and particularly describing the place to be searched and the persons or things to be seaized.”

Constitutional Requirements and Rules in the Issuance of Arrest and Search Warrant

1. All judges are enjoined to strictly observe the constitution requirements and rules in the issuance of
warrants, to wit: In the issuance of warrant of arrest, the judge shall determine the existence of
probable cause. What the law requires as personal determination on the part of a judge is that he
should not rely solely on the report of the investigating prosecutor. This means that the judge should
consider not only the report of the investigating prosecutor but also the affidavit and the
documentary evidence of the parties, the counter-affidavit of the accused and his witnesses, as well
as the transcript of stegnographic notes taken during the preliminary investigation, if any, submitted
to the court. As long as the evidence presented shows a prima facie case against the accused, the trial
court judge has sufficient ground to issue a warrant of arrest.

2. In such instances, the judge has the option either: to issue the warrant of arrest if there is necessity to
place the accused under custody, to refuse to issue the warrant if there is no probable cause, or, to
order the prosecutor to present additional evidence in case of doubt.

3. In the issuance of search and seizure warrants, the judge must personally examine the complainant
and his witnesses under oath or affirmation, in the form of searching questions and answers. The
personal examination must not be merely routinary or pro porma but must be probing and
exhaustive.

4. The judge shall require a particular description of the place to the searched and of the persons or
things to be seaized. A designation or description that points out the place to be search to the
exclusion of all others, and on inquiry unerringly leads the peace officer to it, satisfies the
constitutional requirement of definiteness.

5. The heads of the National Bureau of Investigation(NBI),the Philippine National Police (PNP), the
Anti-Crime Task Force (ACTAF) and the Philippine Drug Enforcement Agency(PDEA) shall
personally endorse (or authorize) all applications for search warrants involving heinous crimes,
illegal gambling, illegal possession of firearms and ammunitions as well as violations of the
Comprehensive Dangerous Drugs Act of 2002, the Intellectual Property Code, the Anti-Money
Laundering Act of 2001,the Tariff and Customs Code, as amended, and other relevant laws that may
hereafter be enacted by Congress, and included by the Supreme Court, for the search of the places to
be particularly describe therein, and the seizure of property or things as prescribed Rule 126 of the
Rules of Court, and to issue the warrant justified.

6. The authorized judges shall keep a special docket book listing details of the applications and the
results of the search: seizures made pursuant to the warrants issued. (Office of: Court Administrator
(OCA) Circular No. 40-2016 dated February 2016)

Search Warrant, defined.

Search Warrant is an order in writing issued in the name oft People of the Philippines, signed by a
judge and directed to a pea officer, commanding him to search for personal property describe therein and
bring it before the court. (Sec. 1, Rule 126, Rules of Court)
Requisites of A Valid Search Warrant
1. To validly issue a search warrant, the following requisites must be present:
There must be a probable cause – which means such facts a circumstances which could lead to a
reasonably discreet a prudent man to believe that an offense has been committed a that the objects
sought in connection with the offense are int place sought to be searched (Abuan vs. People, G.R No.
1687 October 27,2006,505 SCRA 822).
2. The probable cause must be determined primarily by the issued Judge himself and not by the
applicant or any other person.
3. The Judge must personally examine the complainant and y witness or witnesses produced on the
facts personally known them, in the form of searching questions and answers in written and under
oath.
4. The probable cause must be in connection with one sped offense.
5. The place to be search must be particularly described in the warrant as well as the things to be seized.
6. The sworn statements together with the affidavits submitted by the witnesses must be attached to the
records. (Pineda, pp. 586-587)

What is Probable Cause?

Probable Cause refers to the sufficient reason based upon known facts to believe that a crime has
been committed or that certain property is connected with a crime. Probable cause must exist for a law
enforcement officer to make an arrest without a warrant, search without a warrant, or seize property in the
belief the items were evidence of a crime.
Probable cause is often subjective, but if the police officer’s belief or even hunch was correct,
finding stolen goods, the hidden weapon or drugs may be claimed as self-fulfilling proof of probable cause.
Technically, probable cause has to exist prior to arrest, search or seizure.

Description of Place to be Seized

It does not suffice, for a search warrant to be deemed valid, that it be based on probable cause and
personally determined by the judge. It is essential, too, that it particularly describes the place to be searched,
the manifest intention being that the search be confined strictly to the place also described.
The principle does not apply where there is no ambiguity on the face of the search warrant as to the
description of the place to be searched. The place to be searched as set out in the warrant cannot be
amplified or modified by the officer’s own personal knowledge of the premises, or the evidence they
adduced in support of their application for the warrant. The particularization of the description
If the object or purpose of the SW cannot be accomplished with the 10-day validity period, the responsible
police of conducting the search must file, before the issuing court application for the extension of the
validity period of said! (Rule 14.2,lbid)

Of the place to be searched may properly be done only by the judge, and only in the Warrant itself; it cannot
be left to the discretion of the police officers conducting the search. (Benchbook for Philippine Trial
Courts /Revised and Expanded] Volume Two, pp.J-94-95)

Personal Property to be Seized

1. The following properties may be the object of a Search Warrant:
Properties which are the subject of the offense;
2. Stolen, embezzled proceeds, or fruits of the offense;
3. Objects including weapons, equipment, and other items us intended to be used as the means of
committing an offense;
4. 3Objects that are illegal per se, even if not particularly describ the Search Warrant, may be seized
under the plain view doct (Rule 14.1, Revised PNP Operational Procedure 2013)

Validity of Search Warrant

1. The warrant shall be valid for 10 days from date of issuance may be served at any day within the said
period. Thereafter shall be void.
 2. If, in the implementation of the SW, its object or purpose can be accomplished in one day, the search
can be continued following day, or days, until completed, provided it is still wit the 10-days validity
period of the SW.
3. If the object or purpose of the SW cannot be accomplished with the 10-day validity period, the
responsible police of conducting the search must file, before the issuing court application for the
extension of the validity period of said! (Rule 14.2,lbid)

Time of Making Search

Section 9, Rule 126 of the Rules of Court provides the warrant that direct that it be served in
daytime, unless the affidavit asserted that the property is on the person or in the place ordered to be search,
in which case a direction may ne inserted that it be served at any time of the day or night. Daytime does not
begin at sunrise and end at sunset. It includes dawn and twilight. Daytime should be the time before
darkness set in, which may be before 6:00 o’clock in beyond or six o’clock past meridian depending on the
particular day involved (Pineda, p.619)

Applications for Search Warrant

All applications for Search Warrant shall be approved for filing by the Chief of Office. The application shall
indicate the following data:

1. Office applying for the search warrant; 4. Address/place(s) to be searched;

2. Name of officer-applicant; 5. Specific statement of things/articles to be seized; and
3. Name of the subject, if known; 6. Sketch of the place to be searched.

Authority of Police Officers when Conducting Search

In the conduct of search, if after giving notice of his purpose and authority, the police officer is
refused admittance to the place of search, he may break open any outer or inner door or window or any part
of a house or anything therein to implement the warrant or liberate himself or any person lawfully aiding
him when unlawfully detained therein. (Rule 14.5, Revised PNP Operational Procedure 2013)
The officer implementing the warrant, cannot just go to the place to be searched and
unceremoniously start breaking doors and windows to effect the search. The Rule allows him to break door,
etc. only if after having given notice of his purpose and authority to the person or persons who are in control
of the place he was refused admittance, that he may resort to the breaking. He may also exercise such right if
he was unlawfully detained or confined in the place, in order to free himself or to free any person lawfully
aiding him when unlawfully detained therein.
However, if there is no person in charge of the building or premises, the notice required in the rule is
dispensable. The law will not require the undoable. Before breaking boxes or trunks, the officer must
demand the keys to avoid unnecessary destruction of things. If there was refusal, the lock may be forced
open. If there is no person upon whom the demand could be made, a waiver is considered on the part of the
owner or custodian. (Pineda, p. 612 citing 1 Wharton, Criminal Procedure,10th Ed,93;Clark’s Criminal
Procedure,

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

1. Houses, rooms, or other premises shall not be searched except the presence of the lawful occupant
thereof or any member of family or, in the absence of the latter, in the presence of two witnesses of
sufficient age and discretion residing in the locality.
2. Lawful personal properties, papers, and other valuables : specifically indicated or particularly
described in the sea warrant shall not be taken. (Rule 14.6, Revised PNP Operation Procedure 2013)

Inventory and Delivery of Property to the Court

 1. The police officer who confiscates property under the warrant shall issue a detailed receipt of
property seized to the law occupant of the premises, or in the absence of such occupant, shall do so
in the presence of at least 2 witnesses of sufficient and discretion residing in the same locality;

2. The receipt shall likewise include items seized under the Plain View Doctrine;

3. The police officer must then leave a receipt in the place in which he found the seized property and a
duplicate copy thereof with any barangay official having jurisdiction over the place searched; and

4. The police officer must forthwith deliver the property seized the judge who issued the warrant,
together with an inventory thereof, duly verified under oath. (Rule 14.7,ibid)

Reasons for Inventory Searches

When the police take custody of property, the courts have upheld the right to inventory such property
for the following reasons:

1. To protect the owner’s property. This obligation may be legal or moral, but the courts have
supported the police’s responsibility to protect property taken into custody from unauthorized
interference.
2. To protect the police from disputes and claims that the property was stolen or damaged. Proper
inventory at the time of custody provides an accurate record of the condition of the property at the
time it was seized.
3. To protect the police and the public from danger. Custody of an automobile or a person subjects the
police to conditions that require searching the person or the vehicle for objects such as bombs,
chemicals, razor blades, weapons, and the like that may harm the officers or the premises where the
vehicle or person is taken.
4. To determine the owner’s identity. Identifying the owner may be associated with identifying the
person under arrest, or it may help the police know to whom the property may be released. (Bennett
& Hess, Criminal Investigation, 3rd Ed.,pp.147-148)

VALID WARRANTLESS SEARCHES AND SEIZURES

1. Search Made Incidental to a Valid Arrest – a person lawfully arrested may be searched for
dangerous weapons or anything which may be used, or which may constitute proof in the
commission of an offense, without a search warrant. The warrantless search and seizure may extend
beyond the person of the one arrested to include the premises or surroundings under his immediate
control.
2. Search of Moving Vehicles – If the police officers who will conduct the search had reasonable
or probable cause to believe, before the search, that either the motorist is a law offender or they will
find the instrumentality or evidence pertaining to a crime in the vehicle to be searched, the vehicle
may be stopped and subjected to an extensive search.
3. Seizure of Evidence in Plain View- Any object in the plain view is subject to seizure and may
be introduced as evidence. The plain view doctrine has been applied where a police officer is not
searching for evidence against the accused, but nonetheless inadvertently comes across an
incriminating object.
4. When there is Waiver of the Right or there is Consent Search-To constitute a waiver of
this constitutional right must appear, first, that the right exists, second, that the person involved had
knowledge, either actual or constructive, of: existence of such right; and that said person had an act
intention to relinquish the right. Without a proper sea warrant, no public official has the right to enter
the premises another without his consent for the purpose of search seizure. It does not admit of
doubt, therefore, that a search seizure cannot be considered as unreasonable and thus offensive to the
Constitution if consent is shown. For this immunity fro unwarranted intrusion is a personal right
 which may be waiver either expressly or implidly. (Lopez vs. Commission of Cust L-
27968,Dec.3,1975)
5. Searches Under Stop and Frisk Rule – The police officer hast right to stop a citizen on the
street, interrogate him, and pat hi for weapons whenever he observes unusual conduct which
convinces him that a criminal activity exists.
Stop and Frisk is done when a police officer observes suspicious activity, which leads him to believe
that a crime is about to be committed. He can investigate the suspicious looking person al may frisk him for
weapons as a measure of self-protection. Should he find, however, a weapon on the suspect, which is
unlicensed he can be arrest such person for having committed an offense his presence.
6. Emergency and Exigent Circumstances – A Search Warrant could be validly dispensed with
in cases of exigent and emergency situation, and the police officers have reasonable ground! Believe
that a crime was being committed, and they have ! opportunity to apply for a search warrant from the
courts because the latter were closed.
7. Routine Searches at Boarders and Ports of Entry (Custom Searches)- Searches of
automobiles at borders or construction borders for violation of immigration and smuggling laws.
Custom searches however are not available in dwelling places. (Papa Mago,No.L-27360,February
28,1968)
8. Searches of Businesses in the Exercise of Visitorial Powers to Enforce Police
Regulations – When the search involves cases of inspection of building or other premises for
enforcement of fire, sanitary and building regulations.
9. Tipped Information – If the police officers have reasonable grounds to believe that the subjects
are engaged in illegal activities, the tipped information is sufficient to provide probable cause to
effect a warrantless search and seizure

SEARCH OF PERSONS ARRESTED

Guidelines in the Search of Persons Arrested
1. “Probe,” do not “pat”, a female operative should be used to search female suspects.
2. The need to handcuff the subjects.
3. Do not stop the search when weapon is found.
4. Look for prohibited items or evidence.
5. Look for items which may be used to commit suicides.
6. Searches should never cross the line of fire.
7. Do not talk to the suspect while in the course of search.
8. Do not grant subject’s request to attend something before, during or immediately after the search.
9. In a search by a single officer, have the gun ready with the gun at a distance from the subject.
10. Be sure to search every part of the body and clothing.

Types of Body Search and Procedures

Hereunder are the different types of body search to be observed, as follows:

1. Wall Search – The purpose is to place the subject in an “off-balance” position requiring the use of
both arms and legs to keep him from falling to the ground. This is the safest type of search. It does
not necessarily require a wall; any object that can support the weight of the subject can be used.
The Procedures
A. Require the subject to place both hands on the wall slightly higher than his waist. Spread hands as far
as possible. Palm should be placed against the wall, finger extended.
B. Extend the subject’s feet back away from the wall. Spread them as far as possible, toes pointed out.
Buttocks should r be on an arch position.
C. The subject’s head should be down or bowed at all times.

Follow the hereunder mechanics in executing the “Wall Search”

A. If there is only one (1) subject, the leader of the searching team should place himself at one side,
while his subordinate is on the other side.
 B. To search the other side, the subordinate should move to t opposite side.
C. If there are two (2) or three (3) subjects, move one subject: be search on the wall, but out of reach of
the others.
D. Search both sides of subject, the leader conducting searches and the subordinate guarding the other
subject.
E. Move one (1) subject at a time.
F. The subordinate should concentrate on the actions of t subject and not on the action of the leader.
G. When there are more than three (3) subjects, addition personnel should be summoned.
H. In serious apprehensions, the searcher should hold weapon in ready position all throughout the
search.
I. The body must be search systematically with the foot of the researcher place tightly against the
subject’s foot, right wit right, left with left, anklebone against anklebone.
J. Remove any object found, then examine the palm of the hand including between the fingers.

2. Standing Search
A. Raise subject’s hand over his head and spread the feet as f’ as possible.
B. This is not recommended because the subject is an “o balance” position.
3. Kneeling Search
A. Subject kneels on the ground with hand raised over his head.
B. This is also being discouraged for the same reason as the “standing search.“
4. Prone Search
A. Subject lies on his stomach with arms and legs outstretched.
B. Subject has both arms and legs free, and is at all times in an “on-balance” position.
C. Front part of the clothing cannot be searched.
D. This can be extremely dangerous if the subject has knowledge of judo.

Spot Check/Accosting and Pat-down Search, defined.

Spot Check/Accosting is the brief stopping of an individual, whether on foot or in a vehicle, based on
reasonable suspicion or probable cause, for the purpose of determining the individual’s identity and
resolving the officer’s suspicion concerning criminal activity. Pat-down Search is a “frisk” or external
feeling of the outer garment of an individual for weapons only.
In a “stop and search” situation without a warrant at a military or police checkpoint, search and
seizure may be effected without being preceded by an arrest. (People vs. Exala,221 SCRA 494)

Grounds for Spot Check/Accosting

The police officer may stop an individual for the purpose of conducting a spot check/accosting only
when reasonable suspicion exists. Reasonable suspicion must be more than just a hunch or feeling. In
justifying she stop, the police officer must be able to point to specific facts that hen taken together with
rational inferences reasonably warrant the stop. Such facts include, but not limited to the following:

1. The appearance or demeanor of the individual suggests that he is part of a criminal enterprise
or is engaged in a criminal act;
2. The actions of the individual suggest that he is engaged in a criminal activity;
3. Questionable presence of the individual in the area;
4. The subject is carrying a suspicious object;
5. The suspect’s clothing bulges in a manner that suggests he carrying a weapon;
6. The suspect has been found in the time and place proximate to alleged crime;
7. The police officer has knowledge of the suspect’s prior criminal record or involvement in
criminal activity; and
8. The individual flees at the sight of a police officer.

Grounds for Body Frisk/Pat-Down Search

A police officer has the right to perform a pat-down search if the individual has been legitimately
stopped with reasonable suspicion and when the police officer has reason to believe that the individual
possesses weapon/s on his person and poses a threat to the police officer’s or another person’s safety.
Circumstances which may justify pat-down search:

1. The type of crime believed to be committed by the subject particularly crimes of violence
where the threat of use or use of deadly weapon is involved;
2. Where the police officer handles several suspects;
3. The time of the day and the location where the pat-down sear took place;
4. Prior knowledge by the police officer of the suspect’s use of for and/or propensity to carry
deadly weapons;
5. The appearance and demeanor of the suspect;
6. Visual indications suggesting that the suspect is carrying firearm or other deadly weapons;
and
7. Whenever possible, pat-down searches should be performed! Police officers of the same
gender.

POLICE RAID
Raid is commonly conducted after careful analysis and investigation in carrying out the methods in
accomplishing the mission and objectives of the operation. Every member of law enforcement organization
must know in heart and mind the techniques in conducting raid. Experience men in the field should be
chosen by the team leader of the raiding team to ensure positive results of the operation with no casualties
on the part of the raiding team

RAID
Raid is a surprise invasion of a building or target place. It special operation that covers the small-scale attack of certain turf
hideout of the criminal.

LEGAL BASIS OF RAID OPERATION

Raid operation must have a lawful basis and conducted in legal manner. This could be in the form of implementation of Search
Warrant or execution of Warrant of Arrest or in pursuit of a suspected person believed to be guilty of a crime that has just been
committed.

Objective of Raids

1. Effect the arrest;

2. Procure evidence in flagrante delicto thru surprise attack; and
3. Recover stolen property

Factors Affecting Success or Effectiveness of a Raid

1. Size of raiding team

2. Swiftness
3. Surprise
4. Simplicity of the plan and operation
5. Arm superiority

COMPOSITION OF RAIDING TEAM

1. Team leader, assistant team leader, forwarder, perimeter security of the raiding team;
2. Giving detail on entering party;
3. In charge of raiding vehicle;
4. Recorder who should keep an accurate log of the raid, gather evidence, make inventories
and testify in court; and
5. Video and photographer.

DUTIES OF PERIMETER SECURITY

1. Cover the approach of entering party.
2. Prevent the escape of criminals.
3. Cover the entire area of operation.
4. Neutralizes the barricade made by the criminals.

DUTIES OF ENTERING PARTY

1. Call for surrender;
2. Effect the arrests; and
3. Extricate criminal in safer area.

UNDERTAKINGS THE SUCCESSFUL RAID ENTAILS THE FOLLOWING

ELEMENTS
1. MISSION – a task that is regarded as a very important duty.
2. RECONNNAISSANCE – to conduct a preliminary and especially a exploratory survey
of: to do a reconnaissance In another villa or being sent in advance party to recon the
place.
3. PLAN – a detailed proposal for doing or achieving something.
4. INSTRUCTIONS – detailed information telling how something should be done,
operated, or assembled.
5. ORDER – the arrangement or disposition of people or things relation to each other
according to a particular sequence, pattern or method.
6. EXECUTION – the carrying out or putting into effect of a plan, order or course of
action.

PLANNING THE RAID

I. The terrain and building should be subjected to close study

2. In order to obtain the necessary data for planning a reconnaissance, surveillance or casing
of the place subject for raid operation.

3. All the involved personnel in operation should be properly informed about the nature and
objectives of the mission.

4. The specific detail and deployment position of every member of the raiding team must be
properly identified as well as the tactics, armament, and the transportation needed in the
operation.

The success of the raid depends on the intelligence planning preparation and precise
execution of the raid in order to attain the needed element of surprise of the operation and
must be carry out in secret and in quick manner.

Things to Consider in Planning a Raid

1. Carry out. Surveillance and casing.

2. Identify if the targets for operation are armed. What armament they have?

3. Photographs of the description of the subject and their hideout available for use in
briefing.

4. Determine the place and structure of the target law violator.

5. Determine the possible route of escape.

6. Type of neighborhood.
7. Activities in the neighborhood

Division of the Operating Team

Cover group immediately move into position first and cover the possible escape route of the
target while the Raiding Group should disarm, and restrains the suspect, as well as searches
the premises and secure evidence in the area.

Raid Operation:

1. Coordination efforts of all the team is important factors in the success of the
raid
2. The raiding team should act as a team.
3. The members should thoroughly understand the objective of the operation.
4. All members should be placed in their designated positio
5. Conduct briefing prior the operation.
6. Conduct debriefing after the operation for critics.
7. If the operation is outside jurisdiction, coordination with police station is must
as part of standard and protocols in the said operation.

DON’TS IN A RAIDS

1. Don't take unnecessary chances.

2. Don't underestimate the subject.
3. Don't pursue the operation if not prepared.
4. Don't endanger the lives of the team member, by standers and people in the area
5. Don't forget to wear a gas mask when using tear gas as part of the plan
6. Don't shoot the target unless it is necessary.
7. Don't touch the evidence unless it is seen by the witness, or owner of the house.
8. Arresting team shall at all times take the mug shot and fingerprints of the arrested
suspects

Basic Requirement in the Conduct of Raid

Generally, all police operations like arrest, search and seizure checkpoint, roadblocks,
demolition and civil disturbance management shall be conducted as follows:

1. With a marked police vehicle

2. Led by a Police Commissioned Officer (PCO), and
3. With personnel in prescribed police uniform or attire.
4. Use of Megaphones and Similar Instruments.
5. Warning Shots Prohibited. (Rule 6, Revised PNP Operational Procedure Manual
2013)

Note: Exception to this rule is when using a marked police vehicle will jeopardize the safety
of the raiding team and

USE OF REASONABLE FORCE DURING POLICE OPERATION

The use of force shall be avoided, when during the conduct of the raid an armed
confrontation took place due to unavoidable circumstances, the police may use reasonable
force to overcome the threat posed by the suspect. The use of firearm is justifiable only by
the virtue of the doctrine of self-defense, defense of relative, and defense of stranger, and if
the police has probable cause to believed (based on facts) that the suspect poses an imminent
danger of death or serious physical injury to the police or the other persons. the office in-
charge must be ensure that no innocent civilian is caught in the crossfire.

1. Use of Excessive Force Prohibited

The excessive use of force during police operation is prohibited. however, in the local
performance of duty, a police officer may use a necessary force to accomplish his
mandated task of enforcing the law and maintaining peace and order.

2. Issuance of Verbal Warning

The police officer must first issue a verbal warning before he could use force against a
offender. as far as practicable, the verbal warning shall be in the dialect that is known
to the offender or in the national language.

3. Non-Issuance of Verbal Warning When Excusable

The failure to issue a verbal warning is excusable in were threat to life or property is
already imminent, and there is no other option but to use force to subdue the offender.

4. Use of Non-Lethal Weapon

When suspect is violent or threatening, and that less physical measures have been tried
and deemed inappropriate, a more extreme but non- deadly measure can be used such
as baton/truncheon pepper spray stun gun and other non lethal weapon bring the
suspect under control, or effect an arrests
5. Application of Necessary and Reasonable Force

During confrontation with an armed offender, only such necessary reasonable force
should be applied as would be sufficient overcome the resistance put up by the
offender; subdue the clear and imminent danger posed by him or two justify the force
under the principle of self defense, defense of relative and defense of stranger.

6. Factors to Consider in the Reasonableness of the For Employed

Police officer, however is not required to afford offender’s attacking him the
opportunity for a fair or equal struggle the reasonableness of the force employed will
depend upon the number of aggressors, nature and characteristics of the weapon use,
physical conditions, size and other circumstances include the place and occasion of the
assault. The police officer given the sound discretion to consider these factors in
employment reasonable force.

7. Responsibility of the Police Officer in Charge of the Operation

The police officer who is in charge of the operation shall at all times, exercise control
all over police personnel in the areas of operation and shall exhaust all possible means
to apply the necessary and reasonable force to protect lives and properties during
armed confrontation (Rule 7 Revised PNP Operations Procedure Manual 2013)

Things to be done after a Raid where an Armed Confrontation Ensued

1. Secure the site of confrontation,

2. Take photographs
3. Check whether the situation still possess imminent danger
4. Evacuate the wounded to the nearest hospital
5. Ensure that all person who died on the spot are not moved from their original position
6. Arrested suspects should be kept in isolation,
7. Conduct debriefing on all involved PNP operatives,
8. Submit after-operations result, and
9. Ensure psychological stress counseling for all involved PNP operatives (Rule 8,
Revised PNP Operational Procedure Manual 2013)