Rules 2.4 to 2.7 PNP Operational Procedures

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2.4 High-Risk Stop and High-Risk Arrest.

This is the stopping/accosting and restraint of armed and dangerous person/s, aboard a vehicle/vessel or on foot, including the power to use all necessary and legal means to accomplish such end.

a. General Setting

1) Initial Stage

Upon receipt of information regarding the movement of persons/ groups involved in the commission of a crime, or unauthorized movement of armed person/s or group/s, including government troops, the following shall be performed:

  1. Ensure that there are personnel/team tailing and monitoring the movement of the fleeing person/s or group/s;
  2. Organize appropriate tactical security forces utilizing maximum firepower, armor, water, and air assets as the case may be;
  3. Deploy the security forces to stopping zones in a defensive position; and
  4. Seal off the area and establish strong roadblocks/ barricades.

2) Effecting a High-Risk Stop and Arrest

When effecting high-risk stop, the police officer shall:

  1. Exert utmost effort to persuade the suspects to halt or stop their movement;
  2. Start with the procedural conduct of regular warrantless arrest where an arrest is inevitable;
  3. Ensure proper documentation of the process; and
  4. Respect the rights of all the persons involved.

3) During Violent Stage

The PNP shall strictly adhere to the Use of Force Policy provided in Chapter 2 Section 2-4 of this POP, particularly on the Force Continuum.

b. Maritime Setting

1) Initial Stage

  1. For movements of suspects towards ports, piers, and coastal areas, the concerned units shall coordinate with the Maritime Group (MG);
  2. Coordination with other maritime agencies such as the Philippine Coast Guard (PCG), Philippine Navy (PN), Bureau of Fisheries and Aquatic Resources (BFAR) among others shall be made when necessary; and
  3. In case the suspects are aboard a vessel, the description of the vessel shall be determined and the location for possible maritime interdiction shall be identified for the deployment of a police patrol vessel.

2) Effecting a High-Risk Stop and Arrest

  1. During seaborne interdiction, the applicable procedure for high-risk vessel boarding shall be followed under the Maritime Law Enforcement procedures of the MG;
  2. During the high-risk vessel boarding, the procedure on the Force Continuum under Chapter 2 Section 4 shall be followed; and
  3. After the high-risk vessel interdiction, the arrested suspects and seized evidence shall be processed following the rule on arrest, search, and seizure.

3) During Violent Stage

  1. The patrol vessel shall be maneuvered in a position and the direction that will minimize possible damage to the vessel and minimize risk to the interdiction team;
  2. During this stage, the procedures on the Force Continuum under Chapter 2 Section 2-4 of this POP and the Maritime Law Enforcement procedures of the MG shall be followed.
  3. All injured suspects shall be brought to the nearest hospital and provided medical intervention as necessary;
  4. All arrested suspects and seized evidence shall be processed following the rule on arrest, search, and seizure; and
  5. The suspect’s vessel shall be brought to the impounded area pending the disposition of the case filed in court.

c. Airport Setting

1) Landside Area

[a] Initial Stage

If a vehicle disregarded the Vehicle Screening Area (VSA) and drove fast towards the terminal building, the following procedures shall be undertaken:

    1. VSA personnel shall immediately inform all security forces in the airport using radio, cellphone and other fastest means of communication; and
    2. They shall pursue the fleeing vehicle and stop them before reaching the terminal building.

[b] Effecting a High-Risk Stop and Arrest

The VSA personnel shall direct the driver to park at the roadside following the procedures in flagging down vehicles provided under Rule 2.3a of this POP.

    1. If the fleeing vehicle failed to stop, the VSA personnel shall immediately inform the Aviation Security Group (AVSEGROUP) personnel at the terminal building to activate airport lockdown procedure; and
    2. They shall continue pursuing the fleeing suspects until arrested.

[c] During Violent Stage

    1. If the fleeing vehicle deliberately hits the airport users or rammed the airport terminal barriers, AVSEGROUP personnel shall use or employ all necessary and absolute force to stop the vehicle and its occupants.
    2. If the vehicle finally stops, follow the applicable provisions of the Force Continuum provided in Chapter 2 Section 2-4 of this POP.

2) Airside Area

[a] Initial Stage

If the fleeing vehicle is able to reach the terminal building and its occupants dismounted, the following procedures shall be undertaken:

    1. Immediately direct the terminal building guards to close the entrance gate; and
    2. If the suspect is unarmed, direct him/her to stop and surrender following the procedures on Arrest provided under Rule 2.6 of this POP.

b) Effecting a high-risk stop and arrest

The contingency plan for such an incident embodied in the airport security program of the concerned airport shall be applied.

c) During violent stage

If the fleeing vehicle was not stopped and has reached the airside area, the contingency plan of such incident embodied in the airport security program of the concerned airport shall be applied.

2.5 Police Defensive Roadblock.

Police Defensive Roadblock is a temporary installation or hastily built barricade set for halting traffic to facilitate the neutralization of an armed person/suspect on board a motor vehicle.

a. Pre-Conditions in Establishing Police Defensive Roadblocks.

A police defensive roadblock may be established in any of the following conditions/situations:

  1. The object vehicle/s must be the subject of a recent flash alarm;
  2. The driver/occupants of the vehicle are presumed hostile and will not stop at the checkpoint;
  3. The vehicle disregarded a police-established checkpoint when flagged down;
  4. The identified vehicle and occupants must be the subject of a police case/combat operational plan;
  5. There is unauthorized troop movement; or
  6. There must be validated information on any of the following:
    1. On-going hot pursuit/police chase;
    2. Movement of suspected armed persons on board a motor vehicle;
    3. Report of suspected armed men who have just committed a crime;
    4. Vehicle carrying escaped prisoner; or
    5. Armed motorcycle-riding criminals.

b. Procedures in Establishing Roadblock

  1. Upon receipt of information/order to immediately establish a police defensive roadblock, the Officer-of-the-Day (OD) or the most senior police officer on duty of the concerned unit shall organize sufficient police tactical security forces, utilizing maximum firepower and other available equipment (if any) and shall immediately proceed to the designated area;
  2. Upon arrival, immediately set up physical barriers using all available resources in the vicinity. The TL shall perform the following:
    1. Inform the headquarters of the exact location of the roadblock to include personnel involved, available equipment, and marked vehicles;
    2. Brief the elements/members on the purpose of the police roadblock and their method of intervention;
    3. Immediately contact adjacent units to inform them of the situation so that these units can conduct dragnet operation, while the members of the pursuing team shall tail or pursue the fleeing suspect’s vehicle;
    4. Designate forward observers/spotters and rear security;
    5. Deploy security forces in a strategic and defensive position;
    6. Place road spikes or tire deflation system if available; and
    7. Designate a recorder to ensure that the whole intervention procedure is documented;
  3. As much as possible, the area where the roadblock shall be established must be properly lighted during the nighttime with noticeable signage;
  4. Police car lights must be turned on at all times during the operation;
  5. When the suspect’s vehicle stops, the procedures in flagging down vehicles for possible involvement in the commission of a crime in Rule 2.3a of this POP shall be followed.
  6. Procedures when suspects open fire/engage the troops:
    1. In the event that the occupants of the vehicle open fires on the personnel manning the roadblock, the procedures in the Force Continuum under Chapter 2 Section 2-4 of this POP shall be applied;
    2. Avoid panic firing;
    3. Avoid collateral damage;
    4. Account for the fatalities and give immediate medical assistance to the injured; and
    5. Secure the crime scene and wait for the arrival of SOCO and Investigator-on-case (IOC).
  7. When the suspect/s surrender or are arrested, they must be informed of the arresting officer’s identity, authority, and the basis
    of the arrest and apprised of their constitutional rights; 
  8. Fleeing Vehicles If the motorist flees despite the repeated warnings the team shall:
    1. Pursue the fleeing motorist and immediately update the station TOC and adjacent units about the current situation;
    2. Fleeing vehicles shall not be fired upon;
    3. Inform the headquarters of the make or type, plate number, and color of the motor vehicle to be accosted including the number of occupants and, if possible, their identity; and
    4. Give mobile car’s location and the direction of the suspect’s escape
  9. After the police defensive roadblock operation, an after operations report must be submitted.

 

2.6 Arrest

a. General Guidelines

  1. All arrests should be made only on the basis of a valid warrant of arrest issued by a judge, except in instances where the law allows warrantless arrest.
  2. No violence or unnecessary force shall be used in making an arrest, and the person to be arrested shall not be subjected to any restraint greater than what is necessary under the circumstances. (The Revised Rules of Criminal Procedure, rule 113 sec. 2).
  3. Arrests can be made on any day of the week and at any time of the day or night (The Revised Rules of Criminal Procedure, rule 113 sec. 6).
  4. If the accused is already in detention, a return, together with required documents, shall be made for any standing warrants of arrest issued after the service.
  5. A senator or member of the House of Representatives shall, in all offenses punishable by not more than six years imprisonment, be privileged from arrest while Congress is in session. No member shall be questioned nor be held liable in any other place for any speech or debate in Congress or in any committee thereof (Const. (1987), art. VI sec. 11 (Phil.).
  6. Diplomatic agents and couriers, under the Vienna Convention on Diplomatic Relations (1961 p8), are not liable to any form of arrest or detention.

b. Authority of the Arresting Officer when Making an Arrest

  1. A police officer making a lawful arrest may verbally summon as many persons as he/she deems necessary to assist him/her in effecting the arrest (The Revised Rules of Criminal Procedure, rule 113 sec. 10).
  2. A police officer, in order to make an arrest with or without a warrant, may break into a building or enclosure where the person to be arrested is or is reasonably believed to be in, if he is refused admittance thereto, after announcing his/her authority and purpose (The Revised Rules of Criminal Procedure, rule 113 sec. 11).
  3. Whenever a police officer has entered the building or enclosure to make an arrest, he/she may break out therefrom, when necessary, to liberate him/herself (The Revised Rules of Criminal Procedure, rule 113 sec. 12).
  4. If a person lawfully arrested escapes or is rescued, any person may immediately pursue to retake him/her without a warrant at any time and in any place within the Philippines (The Revised Rules of Criminal Procedure, rule 113 sec. 13).

c. Duties of the Arresting Officer

  1. In implementing the warrant of arrest, the arresting officers shall use at least one BWC and one ARD, or a minimum of two devices, or such number as may be necessary. In case of unavailability of BWCs, the arresting officers shall file an ex-parte motion (Annex “D”) before the court, requesting authority to use at least two ARDs for justifiable reasons.
  2. The BWC/ARD shall be used and activated upon arrival at the place of arrest to capture and record the relevant incidents during the execution of the warrant. The BWC/ARD shall be worn in a conspicuous location and in a manner that maximizes the ability to capture a recording of the arrest. It shall only be deactivated upon conclusion of the arrest and delivery of the person/s arrested to the nearest police station or jail. The same shall be observed in cases of warrantless arrests, whenever BWCs/ARDs were used.
  3. 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 (The Revised Rules of Criminal Procedure, rule 113 sec. 3) to record the fact of the arrest;
  4. 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/her arrest. The arresting officer need not have the warrant in his/her possession at the time of the arrest but after the arrest, if the person arrested so requires, the warrant shall be shown to him/her as soon as possible (The Revised Rules of Criminal Procedure, rule 113 sec. 7);
  5. When a woman is arrested, a policewoman shall conduct the complete body search;
  6. When a Child in Conflict with the Law (CICL) is arrested, he/she shall be processed by the Women’s and Children’s Protection Desks (WCPD) officer and shall immediately be separated from other adult suspects. He/she must be turned over to the LSWDO or other accredited NGOs within eight hours after apprehension;
  7. If a foreign national is arrested, the arresting officer through his/her COP/Unit Commander, shall perform the following:
    1. Simultaneously inform the Foreign Liaison Division (FLD), Directorate for Intelligence (DI), PNP Command Center (PCC), and the immediate higher office through Short Messaging System (SMS) within one hour upon the arrest;
    2. Submit a written report of the incident within eight hours to the immediate higher office.
  8. In case of arrest without a warrant, it shall be the duty of the arresting officer to inform the person to be arrested of his/her identity, authority, and the basis of the arrest except when he/she flees or forcibly resists before the arresting officer has the opportunity to inform him/her or when the giving of such information will imperil the arrest (The Revised Rules of Criminal Procedure, rule 113 sec. 8);
  9. The person arrested, with or without a warrant, shall be informed of his/her constitutional right to remain silent and that any statement he/she makes could be used against him/her. Also, that he/she has the right to communicate with his/her lawyer or his/her immediate family and the right to physical examination. It shall be the duty of arresting officer to subject arrested person with or without a warrant to a medical examination prior to temporary detention;
  10. A person arrested without a warrant shall be immediately brought to the Police Station for investigation without unnecessary delay. He/she shall be subjected to inquest proceedings within the time prescribed in Article 125 of the Revised Penal Code (RPC);
  11. No torture, force, violence, threat, intimidation, or any other means which vitiate the free will shall be used against an arrested person. The bringing of arrested persons to secret detention places, solitary confinement, and the like is prohibited; 
  12. The arresting officer shall ensure that the arrested person is free from torture or physical abuse; 
  13. If the person arrested without a warrant waives his/her right under the provisions of Art 125 of the Revised Penal Code, the arresting officer shall ensure that the former signs a waiver of detention in the presence of his/her counsel of choice; and
  14. If the person arrested waives his/her right against self-incrimination and chooses to give his/her 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/her own choice or a competent and independent counsel provided by the government.

d. Arrest with Warrant

1) Warrant of Arrest

The warrant of arrest is the written authority for the arresting officer when making an arrest or taking of a person into custody in order that he/she may be bound to answer for the commission of an offense. The head of the office to whom the warrant of arrest has been delivered for implementation shall cause the warrant to be implemented within ten days from receipt. Within ten 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/her failure to implement the same shall state the reasons thereof.


2) Procedures in Serving Warrant of Arrest

  1. Verify the validity of the Warrant of Arrest;
  2. In serving the warrant, the police officer should introduce himself/herself and show proper identification;
  3. The person/s arrested shall be notified as early as practicable, that the arrest is being recorded with the BWC/ARD and that the arrest is by virtue of the warrant;
  4. Make a manifestation of authority against the person to be arrested;
  5. 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/her purpose;
  6. The police officer need not have a copy of the warrant in his/her 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;
  7. Secure the person to be arrested and use handcuffs for the protection of the arresting officer, other individuals, or the arrested person himself/herself;
  8. Conduct thorough search for weapons and other illegal materials on the person arrested and surroundings within his/her immediate control;
  9. Inform the person to be arrested of his/her rights under the law (i.e. Miranda Warning and Anti-torture Warning);
  10. No unnecessary force shall be used in making an arrest;
  11. Confiscated evidence shall be properly documented with the chain of custody of evidence duly and clearly established;
  12. Bring the arrested person to the Police Station or office of the arresting unit for documentation;
  13. Make a Return of Warrant to the court of origin (Annex “E”);
  14. Deliver the arrested person to the designated jail/prison facility immediately upon the receipt of the commitment order from the court; and
  15. In case of failure to execute the warrant of arrest, the officer to whom it was assigned for execution shall, within 30 days from such assignment, file a report stating the reasons for such failure.

 

e. Arrests without a Warrant

 

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

  1. When, in his/her presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense;
  2. When an offense has just been committed and he/she has probable cause to believe, based on personal knowledge of facts or circumstances, that the person to be arrested has committed it;
  3. When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he/she is serving final judgment or temporarily confined while his/her case is pending, or has escaped while being transferred from one confinement area to another (The Revised Rules of Criminal Procedure, rule 113 sec. 5);
  4. Where the accused released on bail attempts to leave the country without court permission;
  5. Violation of conditional pardon, punishable under Article 159 of the Revised Penal Code as a case of evasion of service of sentence; and
  6. Arrest following a Deportation Proceeding by the Immigration Commissioner against illegal and undesirable aliens.

[2] Effecting Warrantless Arrest

  1. Make use and activate the BWC/ARD if available and practicable. Notify the person/s arrested, as early as practicable, that the arrest is being recorded with the BWC/ARD;
  2. Freeze or restrain the suspect/s;
  3. Make proper introduction as to identity and authority to arrest;
  4. Inform the arrested person of the circumstances of his/her arrest and recite the Miranda Warning and Anti-torture Warning to him/her;
  5. Secure the person to be arrested and use handcuffs for the protection of the arresting officer, other individuals, or the arrested person him/herself;
  6. Conduct thorough search for weapons and other illegal materials on the person arrested and surroundings within his/her immediate control;
  7. Confiscated evidence shall be properly documented with the chain of custody of evidence duly and clearly established;
  8. No unnecessary force shall be used in making an arrest; and
  9. Bring the arrested person to the police station for further investigation and disposition.

f. Physical/Medical Examination of Arrested Person/Suspect.

Before detention, the person arrested must be physically/medically examined by a medical doctor preferably of his/her own choice. If the person arrested is a female, she shall be attended to preferably by a female medical doctor.

g. Booking of Arrested Suspect.

Booking of arrested suspects shall be undertaken to record and document the information surrounding the arrest of the suspect. The following are the procedures, duties, and responsibilities of personnel during the booking of arrested suspects:

1) Arresting Officer (AO) shall:

  1. Immediately bring the suspect/s to the police station and present him/her to the Desk Officer (DO) for recording in the police blotter the circumstances of the arrest as well as his/her identity;
  2. Conduct a more thorough body search of the suspect/s. When women and/or minors are among those arrested, the duty WCPD officer shall do a thorough body search. Any deadly weapon and illegal items found and seized shall also be recorded in the blotter. The AO shall indicate his/her rank and name and duly sign in the blotter entry;
  3. Request the DO to prepare the “Request for Medical Examination of the Suspect” Form (Annex “F”);
  4. Bring/escort the suspects to the government hospital referred to in the request form for the examination of the suspects;
  5. After the physical/medical examination of the suspects, bring them back to the police station and turn them over, with the results of the examination, to the Duty Investigator (DI); and;
  6. Obtain the “Arrest and Booking Form” (Annex “G”) and refer it to the DI so that they will diligently accomplish it. The copy of the Arrest and Booking Form shall form part of the case folder and be kept at the Investigation Section at the police station;
  7. Prepare and file the corresponding report to the judge on the execution of the warrant. The report shall be accompanied by affidavits of the PNP personnel whose BWCs/ARDs were used (Annex “H”), stating the following:

    1. The date, time, and place of the recording;
    2. The manner by which the recording was taken and stored, and when applicable, the fact of unavailability of BWCs and that a resort to ARDs was necessary, and the circumstances detailing the non-activation, interruption, or sudden termination of the recording;
    3. The fact that persons of the recording were notified of the use of BWCs/ARDs;
    4. The date, time, place, and other circumstances surrounding the first instance of retrieval or download of the recording from the cameras;
    5. The names and positions of the persons who had possession of and access to the recordings, including details of such access, from the time of their taking until their deposit with the court;
    6. The fact of redaction of personal identifiers appearing in the recording whenever applicable, the special circumstances justifying such redaction, and the details redacted;
    7. Whenever applicable, a certification that both unredacted and redacted files containing the recordings are submitted to the court;
    8. The names and positions of the officers who will be delivering the recordings to the court;
    9. The reasonable ground in case of non-compliance with any of the requirements on the use of BWCs/ARDs, including all acts undertaken showing genuine and sufficient efforts exerted to ensure compliance thereof.

2) Desk Officer (DO) shall:

  1. Log and record the details of the arrest made and assign a blotter entry number. It shall include the name of the arresting officer and the five “W”s and one “H” (Who, What, Where, When, Why, and How) as well as the name of the government hospital to where the suspect/s will be referred to for physical/medical examination; and
  2. Prepare or accomplish the “Medical Examination of the Suspects Request Form” (Annex “F”) to be signed by the OD. In his/her absence, the DO may sign the request form himself/herself.

3) Duty Investigator (DI) shall:

  1. Diligently accomplish the “Arrest and Booking Form” (Annex “G”) and “Medical Examination Result Sheet” (Annex “I”) with the AO and ensure that a copy of the results of the physical/medical examination is attached;
  2. Conduct record check to determine if the arrested suspect/s have previous or existing cases and/or standing warrant of arrest;
  3. Ensure that Mug Shots of the suspects are taken in four different methods while standing straight in front of the prescribed booking mug shot backdrop and holding the prescribed identification board. The 4R mug shots shall be attached or printed in the “Booking Mug Shots” Form (Annex “J”);
  4. While completing the necessary documents for the inquest, the arrested suspect shall be temporarily turned over to the jailer/custodial officer and covered by a “Turn-over of Arrested Suspect/s” Form (Annex “K”) and a “Jailer’s Receipt of Suspects” Form (Annex “L”);
  5. All personal valuables of the suspect that are not allowed to be brought inside the custodial facility shall be collected by the Investigator and turned over to the station Evidence/Property Custodian. The Investigator shall prepare a “Suspects Property Receipt” Form (Annex “M”);
  6. Ensure that the suspects’ fingerprints and ten-prints are taken only by trained personnel using both the “Arrest and Booking Form” (Annex “G”) and the standard “Tenprint Card” PNPCL Form No 452-038 (Annex “N”) to ensure that this will be readable by the Automated Fingerprint Identification System (AFIS). The ten-print card is considered as an integral part of the booking form;
  7. Inform the Desk Officer and personnel in charge of the Next Generation Investigation Systems (NGIS) of the status of the case and the suspect so that updates will be entered in the police blotter and the NGIS;
  8. Prepare the necessary documents such as but not limited to the affidavit of complaint; affidavit of witness; booking and arrest report; a photocopy of recovered evidence if any; and a letter of case referral to the Prosecutor’s Office that should be reviewed and signed by the COP/Station/Unit Commander; and
  9. Submit to the prosecutor conducting the inquest proceedings, the BWC/ARD recordings along with the affidavit of arrest, in case of warrantless arrests.

 

4) The PNP personnel who wore the BWC/ARD shall:

  1. Turn over to the Data Custodian all recordings for downloading from the BWC/ARD after the conduct of arrest; and
  2. Execute the affidavit of arrest, in coordination with the DI and other arresting officers, if any.

5) The Data Custodian (DC) shall:

  1. Receive, have custody, download within 24 hours from the recording, store to an external media storage device and encrypt all recordings of BWCs/ARDs in the conduct of arrest and simultaneously deposit the same in a sealed package with the issuing court. In case of warrantless arrests, the DC shall turn over the sealed package to the DI who will be responsible to submit the same to the inquest prosecutor. This shall include recordings captured by media representatives relative to Section 21 of RA 9165, as amended;
  2. Retain a backup copy for justifiable reasons for a period not exceeding 15 days, only with leave of court;
  3. Ensure the security, confidentiality, and integrity of the recordings;
  4. Redact sensitive information, images, and other personal identifiers from the recordings, such as in cases involving minors, sexual offenses, or domestic violence. Submit all redacted and unredacted file/s to the court;
  5. Ensure that no tampering is done during the downloading process. Consequently, allow the subjects of the recordings or their counsels to witness the downloading of the recordings from the BWCs/ARDs prior to safekeeping.
  6. Preserve the metadata contained in the BWC/ARD recordings;
  7. Limit viewing access of the footage to:
    1. Any person who is a subject of the recording or his/her counsel;
    2. The parent, guardian, or counsel of any minor who is the subject of the recording;
    3. The spouse, next of kin, or legally authorized designee of a deceased subject of the recording, or his/her counsel; and
    4. PNP personnel whose camera captured the recording belongs;
  8. Provide a copy of the recording to the persons enumerated in aforementioned item g) (1) to (3) should the person subject of the recording consented to its use in a court proceeding, and if the request is done within five days from data downloading.

 

2.7 Search and Seizure

a. Requisites for the Issuance of Search Warrant.

A search warrant shall be issued only upon probable cause in connection with one specific offense to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses presented. The search warrant shall particularly describe the place to be searched and the things to be seized which may be anywhere in the Philippines. It includes the order requiring the use of at least one BWC and one ARD, or a minimum of two devices, or such number as may be necessary to capture and record the relevant incidents during its execution.

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

b. Validity of Search Warrant

  1. The warrant shall be valid for ten days from the date of issuance and may be served on any day within the said period. Thereafter, it shall be void.
  2. If in the implementation of the search warrant, its object or purpose cannot be accomplished in one day, the search shall be continued without let up even if it exceeds one day or more until completed, provided it is still within the ten-day validity period of the search warrant.
  3. If the object or purpose of the search warrant cannot be accomplished within the ten-day validity period, the responsible police officer conducting the search must file, before the issuing court, an application for the extension of the validity period of a said search warrant.

c. Time of Search

The warrant should be served during daytime unless there is a provision in the warrant allowing service at any time of the day or night.

d. Applications for Search Warrant

All approved applications shall be recorded in a logbook, duly maintained for the purpose, indicating the name of the applicant, name of the respondent, nature of the offense, and date of the application as required in the “Application for Search Warrant”, “Joint Affidavit”, and Deposition of
Witness (Annexes “O”, “O-1”, and “O-2”).

1) Contents of the Application:

All applications for Search Warrant shall be approved for fling by the Chief of Office.

The application shall indicate the following data:

  1. Office applying for the Search Warrant;
  2. Name of officer-applicant;
  3. Name of the subject, if known;
  4. Exact address/place(s) to be searched;
  5. Specific statement of things/articles to be seized; and
  6. Sketch and/or Picture, if available, of the place to be searched.
  7. The availability or unavailability of BWCs to be used in the execution of the warrant. In case of unavailability, request for authority to use ARDs.


e. Authority of Police Officers when Conducting Search

The authority of the police officer in the conduct of search generally emanates from the Search Warrant issued by the court. In warrantless searches, there should always be a prior valid arrest.

In the conduct of search, if after giving notice of his/her 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/herself or any person lawfully aiding him/her when unlawfully detained therein.

f. Use of BWC During the Search

  1. At least one BWC and one ARD or such number as may be necessary to capture and record the relevant incidents during its execution shall be worn by members of the searching team. If BWCs are not available, at least two ARDs must be used.
  2. The member of the searching team with the device shall ensure that they are worn in a conspicuous location and in a manner that maximizes their ability to capture a recording of the search.
  3. The BWCs/ARDs shall be activated upon arrival at the place of search, and shall not be deactivated until the search has been fully concluded and the searching team has left the premises and returned to the police station.

g. Notification During the Search.

When conducting a search by virtue of a warrant, the PNP personnel wearing the BWC/ARD shall, as early as practicable, notify the lawful occupants of the premises to be searched that the execution of the SW is being recorded and that the conduct of search is pursuant to a warrant issued by the court.


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

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

i. Inventory and Delivery of Property Seized

  1. The police officer who confiscates property under the warrant shall issue a detailed receipt of property seized to the lawful occupant of the premises. In the absence of such occupant, the detailed receipt shall be left in the place in which he/she found the seized property in the presence of at least two witnesses of sufficient age and discretion residing in the same locality (The Revised Rules of Criminal Procedure, rule 126 sec. 11);
  2. The receipt shall likewise include items seized under the Plain View Doctrine;
  3. The police officer must then leave a duplicate detailed receipt with any barangay official having jurisdiction over the place searched following the “Receipt for Property Seized” and “Certification of Orderly Search” (Annexes “P” and “P-1”); and
  4. The police officer must make a return of the search warrant and forthwith deliver the property seized to the judge who issued the warrant, together with an inventory thereof, duly verified under oath
    following the forms on “Compliance/Return of Search Warrant” and “Verification” (Annexes “Q” and “Q-1”).

j. Downloading of Data from the BWC/ARD:

After the conduct of search, all recordings from the BWC/ARD shall be turned over to the Data Custodian who shall undertake the following:

  1. Receive, have custody, download within 24 hours from the recording, store to an external media storage device and encrypt all recordings of BWCs/ARDs in the conduct of search and simultaneously deposit the same in a sealed package with the issuing court. This shall include recordings captured by media representatives relative to Section 21 of RA 9165, as amended;
  2. Ensure the security, confidentiality, and integrity of the recordings;
  3. Redact sensitive information, images, and other personal identifiers from the recordings, such as in cases involving minors, sexual offenses, or domestic violence. Submit all redacted and unredacted fle/s to the court;
  4. Ensure that no tampering is done during the downloading process. Consequently, allow the subjects of the recordings or their counsels to witness the downloading of the recordings from the BWCs/ARDs prior to safekeeping;
  5. Preserve the metadata contained in the BWC/ARD recordings;
  6. Limit viewing access of the footage to:
    1. Any person who is a subject of the recording or his/her counsel;
    2. The parent, guardian, or counsel of any minor who is a subject of the recording;
    3. The spouse, next of kin, or legally authorized designee of a deceased subject of the recording, or his/her counsel; and (4) PNP personnel whose camera captured the recording belongs;
  7. Provide a copy of the recording to the persons enumerated in items f) (1) to (3) above should the person subject of the recording consented to its use in a court proceeding, and if the request is done within five days from data downloading.


k. Affidavit of Search and Submission of Recordings to Court

  1. Upon the filing of the Return, all recordings from the BWCs/ARDs used during the execution of the SW shall be stored in an external media storage device and simultaneously deposited in a sealed package with the issuing court.
  2. In case of redaction of personal identifiers in the recordings, both the redacted and unredacted files shall be submitted to the court.
  3. The Return shall be accompanied by affidavits of the searching team members whose BWCs/ARDs were used to capture the recordings, and shall state the following:
    1. The date, time, and place of the recording;
    2. The manner by which the recording was taken and stored, and when applicable, the fact of unavailability of BWCs and that a resort to ARDs was necessary, and the circumstances detailing the non-activation, interruption, or sudden termination of the recording;
    3. The fact that persons of the recording were notified of the use of BWCs/ARDs;
    4. The date, time, place, and other circumstances surrounding the first instance of retrieval or download of the recording from the cameras;
    5. The names and positions of the persons who had possession of and access to the recordings, including details of such access, from the time of their taking until their deposit with the court;
    6. The fact of redaction of personal identifiers appearing in the recording whenever applicable, the special circumstances justifying such redaction, and the details redacted;
    7. Whenever applicable, a certification that both unredacted and redacted files containing the recordings are submitted to the court;
    8. The names and positions of the officers who will be delivering the recordings to the court;
    9. Reasonable ground in case of non-compliance with any of the requirements on the use of BWCs/ARDs, including all acts undertaken showing genuine and sufficient efforts exerted to ensure compliance thereof.
  4. In case of death, physical disability, resignation, or separation/ dismissal of the PNP personnel from the service whose BWCs/ARDs were used in the execution of the warrant, any member of the arresting/searching team shall make the affidavit.
  5. When death results from the execution of a search warrant, an incident report detailing the search, the reasons why such death occurred, the result of related inquest proceedings, if any – including possibly those against the PNP personnel causing the death – together with other relevant documents, shall likewise be submitted.

l. Valid Search and Seizures Without Search Warrant

[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 Revised Rules of Criminal Procedure, rule 126 sec. 13). The warrantless search and seizure as an incident to a lawful arrest may extend beyond the person of the arrested to include the premises or surroundings under his/her immediate control.

[2] Search of Moving Vehicles.

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

[3] Seizure Of Evidence in Plain View.

Any object in plain view is subject to seizure and may be introduced as evidence. Requirements under the Plain View Doctrine are:

  1. The police officer must have prior justification for an intrusion or, otherwise, must be in a position from which he/she can view a particular area;
  2. The discovery of the evidence in plain view is unintentional; and
  3. It is immediately apparent to the police officer that the item he/she observes may be evidence of a crime, contraband, or is a valid subject of seizure.

[4] When there is a Waiver of Right or there is Consented Search.

To constitute a waiver of this constitutional right, it must appear, first, that the right exists; second, that the person involved had knowledge, either actual or constructive, of the existence of such right; that said person had an actual intention to relinquish the right (“G.R. No. L-45950”, 1938).

5) Searches Under Stop and Frisk Rule.

The police officer has the right to stop a citizen, interrogate him/her, and pat him/her for weapons whenever he/she has genuine reason to believe, based on experiences and the particular circumstances that criminal activity may be afoot.

6) Emergency and Exigent Circumstances.

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

 

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