Rule 2: Law Enforcement Operations

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Rule 2: LAW ENFORCEMENT OPERATIONS

2.1 Stopping and Frisking (Pat-Down Search)

a. When to Stop and Frisk (Pat-Down Search)

  1. Stopping.

The police officer may stop a person only when there is a genuine reason to believe, based on experiences and the particular circumstances that criminal activity may be afoot. The police officer must be able to point to specific facts that, when taken together with rational inferences, reasonably warrant the stop. Such facts include, but are not limited to the following:

    1. The person is reported to be allegedly involved in criminal activity;
    2. The actions or demeanor of the person suggest that he/she is engaged in criminal activity;
    3. The person is carrying something illegal or when his/her clothing bulges in a manner that suggests he/she is carrying a weapon; and
    4. The person is seen at the time and place proximate to an alleged crime incident and/or flees at the sight of a police officer.

2) Body Frisking (Pat-Down Search).

A police officer has the right to perform body frisking if the person has been stopped with genuine reason to believe that he/she carries weapon/s and poses a threat to the police officer’s or another person’s safety. Circumstances that may justify body frisking (pat-down search) include but are not limited to the following:

    1. Visual indication suggesting that the person is carrying a firearm or other deadly weapon;
    2. The type of crime believed to have been committed by the person, particularly crimes of violence where the threat of use or use of a deadly weapon is involved; and The threatening demeanor of the person.

b. Procedures and Guidelines

1) Stopping

    1. When approaching the person, the police officer shall clearly identify himself/herself and present his/her identification card.
    2. Police officers shall be courteous at all times but remain cautious and vigilant.
    3. Before approaching more than one person, police officers should determine whether the circumstances warrant a request for back-up or whether the stopping should be delayed until such back-up arrives.
    4. Police officers shall confine their questions in relation to the grounds for stopping the person. In no instance shall a police officer stop a person longer than the period reasonably necessary.
    5. Police officers are not required to inform the person of his/her rights under the law (i.e. Miranda Warning, Anti-torture law, etc.) unless the person is placed under arrest.

2) Body Frisking (Pat-Down Search).

When genuine reason justifies body frisking (pat-down search), it shall be done with due caution, restraint, and sensitivity in the following manner:

    1. Whenever possible, body frisking shall be done by at least two police officers, one to do the search while the other provides security. it shall be done with the person in a standing position with hands raised. the police officers are permitted only to feel the outer clothing of the person. Police officers shall not place their hands inside the pockets of the clothing unless they feel an object that could probably be a weapon, such as a gun, knife, club, or the like.
    2. If the person is carrying an object such as a handbag, suitcase, briefcase, sack, or other similar items that may conceal a weapon, the police officer shall not open the item but instead put it in a place out of the person’s reach.
    3. If the external patting of the person’s clothing fails to disclose evidence of a weapon, no further search may be made. If a weapon is found and the possession of it constitutes a violation of the law, the police officer shall arrest the person and conduct a complete search.


c. Reporting After Stopping or Body Frisking.

If after stopping or body frisking and the police officer finds no basis for making an arrest, he/she should put it on record in his/her patrol notebook. If he/she finds a ground for a valid warrantless arrest, then an arrest shall be made.

 

2.2 Checkpoints

a. Authority to Establish Checkpoints.

The establishment of checkpoints shall be authorized by the Head of Office of the territorial PNP unit and manned by uniformed PNP personnel. Other units may establish checkpoints in coordination with the Head of Office of the territorial PNP unit in the area. For this purpose, the Heads of Offices of territorial units are the following:

    1. Regional Director (RD);
    2. District Director;
    3. Provincial Director;
    4. City Director;
    5. Chief of City/Municipal Police Station;
    6. Station Commander;
    7. Sub-Station Commander; and
    8. Police Community Precinct Commander.

b. Composition.

In the establishment of the checkpoint, the checkpoint team shall be composed of, but not limited to, the following:

  1. Team Leader (TL) – shall lead and take responsibility in the conduct of checkpoint preferably a Police Commissioned Officer (PCO). In the absence of a PCO, the most Senior Police Non-Commissioned Officer (PNCO) will act as Team Leader;
  2. Spotter/Profiler – shall point/profile suspected vehicle subject for checkpoint;
  3. Verifiers – shall conduct document verification, search, seizure and arrest, if necessary, initial custody of seized evidence;
  4. Search/Arresting personnel – shall search, seize illegal items and arrest offenders;
  5. Forward/Rear Security – shall provide security in the checkpoint area and block/pursue fleeing suspects/vehicle;

c. Checkpoint Guidelines

  1. Checkpoints are established to enforce laws, rules, and regulations, and when there is a need to arrest a criminal or fugitive from justice.
  2. Mobile checkpoints are authorized only when established in conjunction with ongoing police operations. Only marked vehicles with blinkers turned on shall be used in mobile checkpoints.
  3. Designation of the personnel manning the checkpoint shall be left to the sound discretion of the Team Leader (TL), preferably with female personnel especially when there is an anticipated involvement of a female suspect.
  4. The PNP Checkpoint team shall be composed of a minimum of eight personnel with a TL, two verifiers, one spotter, two forward security, and two rear security.
  5. The team manning the checkpoints must have immediate contact with any elected public official, and a representative from the National Prosecution Service (NPS) or the media in case illegal drugs are seized or recovered.
  6. The team should encourage the participation of the Local Government Units (LGUs), PNP accredited Civil Society Groups, Non-Governmental Organizations (NGOs), business organizations, media, and other stakeholders during the conduct of police checkpoint operations. However, their participation must be limited only as observers except for LGU personnel mandated to enforce laws and ordinances such as but not limited to traffic enforcers, meat inspectors, and Barangay Public Safety Officers (BPSO).
  7. PNP personnel manning the checkpoint must have a presentable appearance while wearing the prescribed uniform. Likewise, the civilian members must also be in their organization’s uniform with their names conspicuously displayed for identification. In no case shall the civilian components be allowed to bear firearms during the checkpoint.
  8. The area where the checkpoint shall be established must be well-lighted with visible signage bearing the name and contact number of the PNP unit and the TL.
  9. Due courtesy must be accorded to all road users during the conduct of checkpoints.
  10. Team members must greet all persons subject to inspection, extend an apology for the inconvenience, appeal for understanding, state the reasons for the checkpoint and thank them for their cooperation.
  11. The team must signal the motorist(s) to slow down and courteously request to turn-off the headlights and turn on cabin lights.
  12. The conduct of inspection of vehicle during a routine checkpoint is limited to a visual search, done with due respect to all road users and conducted in a manner of least inconvenience. The occupants cannot be compelled to step out of the vehicle. Any search, seizure, and arrest shall be in accordance with the law.
  13. A valid search must be authorized by a search warrant duly issued by an appropriate authority. However, a warrantless search can be made in the following cases:
    • When there is a genuine reason to believe that the occupant/s of the vehicle has just committed, is actually committing or is about to commit a crime; or
    • On the basis of prior information which is reasonably corroborated by other attendant matters.
  14. Violations/infractions of the law during the checkpoint shall be immediately acted upon following legal procedures. Arrested persons must be apprised of their constitutional rights.
  15. The security of the PNP personnel, and most especially that of the civilians participating in the checkpoint, must be given due consideration in the planning of the operation.
  16. As much as possible, only the forward/rear security team members are allowed to display their rifles and should be positioned where they can best provide security to the checkpoint team.
  17. Checkpoint personnel may also provide police assistance in the vicinity e.g., giving directions to inquiring motorists or passersby.
  18. Designated TL assigned at the checkpoint shall be responsible for the actions and behavior of his/her personnel and shall be accountable under the doctrine of Command Responsibility.
  19. The TL must submit an after-checkpoint report immediately upon termination of the operation.

d. Procedures in the Conduct of PNP Checkpoint

  1. The TL shall inform his/her Chief of Police/ Station Commander and Station TOC of the location of the checkpoint to be established;
  2. The Unit Commander or official representative of NSUs and mobile forces must coordinate with the concerned LPU through its TOC or by other means before commencing with the checkpoint;
  3. The station TOC shall then coordinate with the Higher Headquarters
    (HHQ) TOC, adjacent PNP units and other friendly forces of the established checkpoints;
  4. The TL shall brief the PNP personnel, as well as the civilian components present, regarding the proper conduct of the checkpoint and their assigned tasks prior to their deployment;
  5. The TL shall account for his/her personnel and check if they are in the prescribed uniform. He/she shall ensure that their names are visible at all times. If wearing a ballistic vest, raincoat, reflectorized vest and other accessories worn over the uniform, their names shall likewise be visible;
  6. The TL shall also check the following equipment including, but not limited to:
    1. Marked police vehicles (including police motorcycles if available);
    2. Signages:
      • Warning signs: (e.g., slowdown checkpoint ahead, checkpoint 20 meters ahead, etc); and
      • Information signs: name and contact number of the unit and TL.
    3. Firearms with a basic load of ammunition;
    4. Ballistic vest;
    5. Handheld and vehicle base radios;
    6. Flashlights;
    7. Megaphone; and
    8. BWC (body-worn camera) or ARD (alternative recording device).
  7. The Spotter/Profiler of the team will be pre-positioned in a place where he/she can best point/profile suspected vehicles prior to their approach to the checkpoint;
  8. Search/Arresting personnel shall flag down suspected vehicles and conduct search, seizure, and arrest, if necessary. The search must be in accordance with the plain view doctrine except when there is a genuine reason to believe, based on experiences and the particular circumstances of each case, that criminal activity may be afoot;
  9. In the event of seized drugs, the seizing personnel of the team having initial custody and control of the drugs shall immediately conduct a physical inventory and photograph the same on-site in the presence of the accused or the person/s from whom such items were confiscated and/or seized, or his/her representative or counsel and any elected public official to include a representative from the media or NPS, if available, who shall be required to sign the copy of the inventory and be given a copy thereof. However, under justifiable grounds or circumstances, like when the safety of the team is compromised, the inventory may be done at the nearest police station or at the nearest office of the apprehending team;
  10. In case the team has no investigator as a team member, the arrested person/s and seized items shall be turned over to the station duty investigator for proper disposition;
  11. In the event that the checkpoint is ignored, and the occupants of the vehicle opened fire on the personnel manning the checkpoint, the response of the team shall be in accordance with the use of Force Continuum as prescribed in Chapter 2 Section 2-4 of this POP;
  12. The TL shall inform the station TOC before terminating the checkpoint. He/she shall conduct debriefing of personnel and submit after activity report for the information of the COP/Station Commander prior to submission to HHQ.

e. Procedures in the Conduct of On-the-Spot (Hasty) Checkpoints

  1. Hasty checkpoint shall be immediately established upon receipt of the instruction/ order/clearance from the Unit Commander;
  2. PNP personnel conducting mobile patrols onboard patrol vehicles will initially man the checkpoint, to be complemented with the arrival of reinforcement. Collapsible prescribed signage with markings: “Stop, Police Checkpoint” if available, indicating also the name and the contact number of the concerned police office/unit and TL conducting the operations, will be used for the purpose;
  3. In the case of PNP personnel conducting Internal Security Operation (ISO) or foot patrol, where a vehicle and collapsible signage is not readily available, the team shall hastily put up improvised barriers/ barricades or early warning signages to indicate the established checkpoint that is manned by said personnel;
  4. The team shall immediately inform the station TOC of the nearest police unit of the exact location of the hasty checkpoint established to include the name and contact number of the TL and equipment used;
  5. Where there is a possibility of high-risk stop and/or arrest, and public safety might be at risk, no civilian or media shall be allowed in the area;
  6. The Unit Commander of the personnel manning the hasty checkpoint shall immediately send additional personnel, equipment, and signage to the area in order to convert the Hasty Checkpoint into a standard Checkpoint; and
  7. As soon as the Hasty Checkpoint is converted into a standard Checkpoint, TL shall follow the procedures in the conduct of the PNP checkpoint stated in Rule 2.2d of this POP.

 

f. Procedures in the Conduct of Joint Checkpoints

[1] Commission on Elections (COMELEC) Checkpoints

  1. The establishment of COMELEC checkpoints must be in accordance with the Omnibus Election Code, election laws, and prevailing resolutions. The procedures in the conduct of PNP checkpoint stated in Rule 2.2d of this POP shall be made supplemental;
  2. As much as possible, there shall be at least one COMELEC checkpoint for each city/ municipality. However, additional checkpoints may be established in coordination with the Election Officer (EO). 
  3. Additional checkpoints coming from PNP units other than the LPUs shall be coordinated with the concerned COP/Station Commander and EO.
  4. In establishing on-the-spot (hasty) checkpoints, the team leader shall give prior notice and coordination with the EO having jurisdiction over the area.

[2] Inter-Agency Checkpoints (DENR, DA, BFAR, etc)

  1. There shall be an existing agreement and/or written request from the agency concerned prior to the establishment of a checkpoint.
  2. In case of apprehension, the nominal complainant shall be the concerned agency and will be in charge of the conduct of an investigation, filing of cases, and custody of evidence. All arrested persons shall be in the custody of the PNP.
  3. The signboard to be placed on the checkpoint shall bear the names and contact numbers of both PNP and agency TL.

[3] Joint PNP-AFP Checkpoints

  1. The PNP shall take the lead role in a joint PNP-AFP checkpoint.
  2. The signboard to be placed on the checkpoint shall bear the names and contact numbers of both PNP and AFP TL.
  3. In case of arrest and seizure, the PNP shall take cognizance of the case.

g. General Procedures to be Followed When Checkpoint is Ignored

  1. If the checkpoint is ignored and/or the motorist bumps the signage in an attempt to elude arrest or avoid inspection, the team shall pursue the fleeing motorist and immediately inform the adjacent units about the situation and the available description of the vehicle and passenger/s to establish hasty defensive roadblock and dragnet operation.
  2. The pursuing team shall use megaphones or a built-in public address system in the police car with blinkers and sirens switched on during the pursuit to order the fleeing motorist to stop and to warn other road users following the rules on the use of a firearm during police operations in Chapter 2 Section 2-5 of this POP.
  3. If the motorist stops, the procedures in flagging down vehicles in Rule 2.3 paragraphs “e” to “i” of this POP shall apply.
  4. If the fleeing motorist opens fire at the pursuing team, the reasonable force provided in the use of force continuum in Chapter 2 Section 2-4 of this POP to overcome the aggression must be employed.

2.3 Flagging Down Vehicles


a. Procedures in Flagging Down Vehicles for Possible Involvement in the Commission of a Crime.

  1. Before flagging down the vehicle, call the station TOC and provide the following available information:
    1. Plate number and/or conduction sticker;
    2. Brand/make, series, type (sedan, SUV, AUV, etc), and color;
    3. Number and/or description of occupants;
    4. Reason(s) for the planned intervention;
    5. Location and its direction.
  2. The station TOC shall immediately verify with the provincial/city highway patrol team with the said vehicle information. Simultaneous verification can be made with the Land Transportation Office (LTO) vehicle verification system thru text number 2600 by texting “LTO” vehicle (vehicle plate number).” Example: LTO vehicle ABC1234;
  3. If upon verification, the motor vehicle is not involved in any crime the patrollers shall no longer pursue the vehicle;
  4. If subject of an alarm or complaint, the patroller shall direct the driver to pull over or stop on the roadside.
  5. If the vehicle stops, the patrollers shall likewise position their vehicle at an advantageous distance behind the subject vehicle.
  6. Using the vehicle public address (PA) system, patrollers shall introduce themselves and command the driver to do the following:
    1. Roll down the window;
    2. Turn on the hazard light;
    3. Turn on the cabin light if necessary; and
    4. Switch off the engine;
  7. If the vehicle occupants are compliant, the patrollers shall cautiously approach the vehicle from behind and perform the following:
    1. Inform them of the reason why they were stopped;
    2. Require the driver to present his/her driver’s license and OR/CR of the vehicle; and
    3. Direct the driver to follow them to the nearest police station/ unit;
  8. Verify the authenticity of the driver’s license with the LTO vehicle verification system thru text number 2600 by texting “LTO license (license number)”. Example: LTO license A1234567890
  9. If the vehicle occupants are non-compliant, the patrollers shall perform the following as warranted by the circumstances:
    1. Remain in the patrol vehicle, request for back-up, remain tactically alert, and warn civilians in the area of a possible armed confrontation;
    2. Using the PA system, repeatedly demand the driver to comply with the instructions in Rule 2.3a6) and to throw the ignition key outside the vehicle;
    3. If capable, effect the arrest of occupants in accordance with the provisions on Arrest Without Warrant under Rule 2.6e of this POP; and
    4. If the backup is necessary, wait for their arrival before effecting the arrest;
  10. If the motorist flees, despite the repeated warnings the team shall pursue the fleeing motorist and immediately update the station TOC and adjacent units about the current situation;
  11. If the intervention resulted in an armed confrontation, the response shall be in accordance with the Force Continuum in Chapter 2 Section 2-4 and Procedures After an Armed Confrontation in Chapter 2 Section 2-5 paragraph 2.14 of this POP; and
  12. Update the station/unit TOC of the development.

b. Procedures in Flagging Down Vehicles for Violation of Traffic Laws, Rules and Regulations

  1. The applicable procedures provided in Rule 2.3a shall be followed;
  2. If the motor vehicle is under a nationwide alarm, it shall be reported to the nearest HPG office within 48 hours;
  3. Immediately issue a Traffic Violation Receipt (TVR), or Temporary Operator’s Permit (TOP) as appropriate. Never indulge in prolonged and unnecessary conversation or argument;
  4. Confiscation of any unauthorized or illegal device or accessory such as those provided in Presidential Decree (PD) No. 96 shall be covered by a receipt; 
  5. In case of impoundable offenses, inform the motorist of the violation and where the vehicle will be impounded. The said vehicle shall be covered with a Technical Inspection and Inventory Receipt (TIIR) and an impounding receipt; and 
  6. In cases where there is reasonable ground to believe that the driver is drunk, the procedures in flagging down motorists who are under the influence of alcohol, and/or dangerous drugs and similar substances provided in Rule 2.3c of this POP shall be followed.

c. Procedures in Flagging Down Motorists Who are Under the Influence of Alcohol, and/or Dangerous Drugs and Similar Substances.

In the implementation of the Anti-Drunk and Drugged Driving Law (RA 10586), the flagging down should be incidental to a traffic stop or preceded by a probable cause that the deputized PNP personnel has reasonable ground to believe that the motorist is under the influence of alcohol, dangerous drugs and/or other similar substances upon personally witnessing a traffic offense committed by means of lane straddling, making sudden stops, speeding, swerving or weaving.

The evident smell of alcohol in a driver’s breath generally slurred speech in response to questioning, bloodshot or reddish eyes, flushed face, poor coordination, difficulty in understanding and responding intelligently to questions shall also constitute probable cause.

As far as practicable, there must be at least one personnel in the accosting team who is trained and deputized by the LTO and equipped with a calibrated Alcohol Breath Analyzer (ABA). In the absence of deputized PNP personnel, the team shall immediately seek his/her assistance if there is a suspected drunk or drugged motorist.

[1] Screening for Driving Under the Influence of Alcohol.

The deputized police officer shall perform and be guided by the following:

  1. Upon personal determination of probable cause, he/she shall flag down the motor vehicle, direct the motorist to step out of the vehicle, and determine whether the driver is under the influence of intoxicating drink or substance. If there is reasonable ground to believe that the motorist is drunk, expressly inform the motorist of his/her assessment and direct him/her to perform all the three field sobriety tests (eye test, walk-and-turn, and one-leg stand) on-site;
  2. Record the motorist’s responses to the field sobriety tests to form part of the records of the case;
  3. If the motorist fails any of the three field sobriety tests, determine his/her blood alcohol concentration (BAC) level, through the use of the ABA on-site;
  4. If the motorist passes all of the three field sobriety tests, he/she shall be cited for the initial traffic offense only and shall no longer be subjected to ABA test;
  5. A motorist who refuses to undergo the mandatory testing as required shall have his/her driver’s license confiscated and be cited for all other violations that he/she has committed. If upon assessment, the motorist poses a hazard to the public he/she will not be allowed to continue driving and he/she shall be brought to the police station for proper disposition;
  6. A motorist who registered a BAC above the allowable limit shall be placed under arrest and the motor vehicle shall be turned over to the nearest LTO or other authorized impounding areas;
  7. In case of a BAC within the allowed limit, he/she shall only be cited for the initial traffic offense;
  8. A motorist who has undergone and passed the field sobriety test and/or ABA test may be subjected to a drug screening test;
  9. If the ABA test exceeds the allowable limit, the deputized PNP personnel with the assistance of the duty investigator shall prepare pertinent documents for the filing of the case.

 

2) Screening for Driving Under the Influence of Dangerous Drugs and Other Similar Substances

The deputized police officer shall perform and be guided by the following:

  1. Upon personal determination of probable cause, he/she shall flag down the motor vehicle, direct the motorist to step out of the vehicle, and determine whether the motorist is under the influence of intoxicating drink or substance. If there is reasonable ground to believe that the motorist is drugged, he/she shall expressly inform the motorist of his/her assessment and shall bring the motorist to the nearest police station;
  2. The motorist shall be subjected to a drug screening test by the crime laboratory. If found positive, a drug confirmatory test shall be conducted;
  3. A motorist who has undergone and passed the drug test shall not be subjected to a field sobriety test and/or ABA test;
  4. After a positive confirmation, the deputized PNP personnel with the assistance of the duty investigator shall prepare pertinent documents for the filing of the case;
  5. If the confirmatory drug test turns out negative, the motorist shall only be cited for the initial traffic offense.

3) Mandatory Alcohol and Chemical Testing of Drivers Involved in Road Crash Incidents

  1. A motorist involved in a road crash incident resulting in the loss of human life or physical injuries shall be subjected to an on-site field sobriety test and ABA testing, whenever practicable, and thereafter, chemical tests, including a drug screening test and, if necessary, a drug confirmatory test as mandated under RA 9165, to determine the presence and/or concentration of alcohol, dangerous drugs and/or similar substances in the bloodstream or body. Other alcohol testing equipment, such as Gas Chromatography-Mass Spectroscopy (GCMS) may be used, whenever the use of an ABA is not practicable under prevailing circumstances.
  2. A motorist who refuses to undergo the mandatory testing as required shall have his/her driver’s license confiscated and be cited for all other violations that he/she has committed. He/she shall be brought to the nearest police station for the filing of the appropriate case.

Next:  The High-Risk Stop and High-Risk Arrest (PNPOP Rule 2.4)

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