Rule 4 – Public Safety Operations

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CHAPTER 3

Rule 4: Public Safety Operation

Excerpt from PNP Operational Manual 2021

NOTE: Above topics are all covered by PNPOP Chapter 3 – Rule 4; but crisis management will be offered and discussed separately within this course in Lesson 4. it is therefore assumed that under this module the discussion is all about POLICE CRITICAL INCIDENT MANAGEMENT.

4.1. THE PNP CRITICAL INCIDENT MANAGEMENT

 As a matter of policy, human-induced (man-made) critical incidents are the responsibilities of the National and Local Peace and Order Council (NPOC) while natural calamities and disasters are the responsibilities of the National and Local Disaster Risk Reduction and Management Council (NDRRMC). Lower-level organizations of the NPOC and NDRRMC take cognizance of the responsibilities ascribed in their national organization. The PNP, being at the forefront of crisis situations, must play an active role by organizing its own Critical Incident Management Committee (CIMC) to support the NPOC and NDRRMC.

The Crisis Management Committee (CMC) is primarily concerned with the formulation of crisis management procedures, integration, and orchestration of government, military/police, and public efforts towards the prevention and control of crisis incidents. All actions and decisions taken by the CMC shall be within the policies laid down by the corresponding Peace and Order Councils (POCs).

The National POC (NPOC) chaired by the Secretary of Interior and Local Government (SILG) is tasked to contribute to the strategies of the National Security Council, coordinate and monitor, and serve as a forum for deliberation for peace and order concerns. This Council outlines its roles and responsibilities to threats to peace and order.

The Incident Command System (ICS) shall be adopted as a template in responding to critical incidents. This provides guidance to the PNP’s roles on how to organize its assets to respond to an incident and processes to manage the response through its successive stages.

a. Types of Critical Incidents

 

PNP Incident Management Operations complement the Peace and Order Councils (POCs) – CMCs and DRRMC from the National, Regional, Provincial, City, and Municipal levels. The procedures under this Rule shall be observed by all PNP Units/Offices with respect to their roles in addressing human-induced incidents and police responses to natural calamity and disaster (PNP MC 2013-021 “PNP Critical Incident Management Operational Procedures”).

 

[1] Natural Calamity and Disaster. In the event of natural calamity and disaster, the PNP shall act as the first responder in the affected area in order to provide area security and support in the conduct of search, rescue and retrieval operations to be spearheaded by the area DRRMCs.

[2] Human-Induced Incidents. In the event of human-induced incidents, the PNP shall respond to two different situations:

  1. To manage an incident that could be resolved by ordinary police response without the involvement of the Crisis Management Committee (CMC);
  2. To manage an incident that needs a CMC–directed operation requiring the implementation of special tasks by one or more of the urgent services of the Philippine government.

Both actions of the PNP in either situation follow the ICS operational procedures.

All actions of the PNP in addressing these critical incidents are in support of the POC – CMCs and DRRMCs with common objectives of saving lives and properties, resolution of the critical incidents at the earliest possible time, and restoration of normalcy in the affected areas.

Based on the National Crisis Management Core Manual series of 2012, the National Crisis Management Framework provides a comprehensive approach to understand the components of a crisis or the 5Ps of Crisis Management: Predict, Prevent, Prepare, Perform, and Post-Action and Assessment (Annex “AA”).

 

b. Stages in Disaster Management

(1) Pre – Disaster Stage – Pro-active Assessment. When there is no disaster or calamity:

  1. Risk Mapping and identification of disaster-prone areas;
  2. Identification of staging areas, evacuation routes, and evacuation centers;
  3. Disaster response drills, simulation exercises and training for flood, earthquake, fire, etc;
  4. Meeting of regular Task Groups and Sub-Task Groups together with respective levels of the National Disaster Risk Reduction and Management Councils;
  5. Capability audit (manpower, machines, materials, money, and methods);
  6. Awareness campaign through TRIMP; and
  7. Community mobilization activities such as but are not limited to:
    • (1) Sewerage clean-up;
    • (2) De-clogging of waterways, canals, esteros; and
    • (3) Clearing of unauthorized structures in disaster-prone areas.

(2) Disaster Response Stage – Disaster Incident Management (Level 2 – Red). When there is an impending natural calamity or when an unexpected human-induced incident and natural calamity occur:

a) Natural Calamity

  1. Activation of Disaster Incident Management Task Groups (DIMTG);
  2. Coordination with NDRRMC to support its disaster response;
  3. Employment of alarm and warning systems such as the use of police sirens and other portable warning systems capable of producing loud wailing sound;
  4. Pre-emptive evacuation of residents in affected areas in coordination with concerned government agencies; and
  5. Provision of security in calamity area and support search, rescue, and retrieval operation, evacuation, and emergency medical services in coordination with concerned DRRMC.

b) Human Induced Incident

  1. Activation of Critical Incident Management Task Group (CIMTG);
  2. Coordination with NPOC-CMC or its equivalent to support its crisis response;
  3. Evacuation of residents in the crisis area in coordination with concerned government agencies; and
  4. Provision of security in crisis areas and support search, rescue and retrieval operation, evacuation, and emergency medical services in coordination with concerned agencies.

3. Post-Disaster Stage – Support to Recovery and Rehabilitation Efforts (Level 3- White).

Acquisition of Rapid Damage Assessment and Needs Analysis (RDANA) reports from concerned Disaster Risk Reduction and Management Council of the affected areas;

  1. Deployment of personnel for relief operations;
  2. Provision of security and traffic assistance to returning evacuees;
  3. Submission of After Disaster Response Report to the C, PNP copy furnished DRRMC; and
  4. Deactivation of the DIMTG/ CIMTG when the situation is already manageable in the disaster-stricken areas.

In the Management of the Dead and Missing Persons (MDM), the PNP CL (now Forensic Group) shall take the lead in identifying the remains of victims during and after human-induced disasters, while the NBI shall take the lead in the identification of remains of victims during and after a natural calamity.

c. Alert Levels During Human-Induced Critical Incident.

Terrorism and threat group alert levels shall be disseminated by TDI to all concerned offices based on the information provided by NICA.

  1. Level 1 (Low) – There is no information to suggest a specific human-induced critical incident may occur.
  2. Level 2 (Moderate) –Human-induced critical incident is possible, but not likely.
  3. Level 3 (High) – There is a strong possibility that human-induced critical incidents may occur within a short period of time.
  4. Level 4 (Extreme) – A human-induced critical incident has just occurred or has just been pre-empted;

NOTE: Below is an example of the US Homeland Security during Terror Threat. Do we have this?

d. Incident Command System (ICS).

The ICS, provided under National Crisis Management Core Manual, is structured on six major functional areas: Command, Operations, Planning, Logistics, Finance, Administration, and Intelligence/Investigation as an optional seventh functional area that is activated on a case-to-case basis. (Annex “BB”).

Note: Originally, the ICS structure is 5 functional areas only, see the organizational structure below.

On the enactment of Republic Act (RA) 10121, otherwise known as the Philippine Disaster Risk Reduction and Management (DRRM) Law, on May 27, 2010, the Philippine government took a proactive approach to manage the disastrous consequences and reduce disaster risks by institutionalizing various mechanisms. Among these is the ICS.

ICS is one of the flagship programs of the Office of the Civil Defense (OCD). As provided for in RA 10121, the NDRRMC Memorandum Circular No. 4 s 2012 and the Executive Order No. 82 s 2012, ICS has been institutionalized as an on-scene, all-hazard incident management concept introduced by the US Forest Service that can be used by all DRRM Councils, emergency management and response agencies. It is a disaster response tool that coordinates the actions of all response groups. (NOTE: Below is an ICS Sanctioned Training where this author is the Incident Commander)

ICS has been proven effective in managing potential and actual disaster consequences. It has significantly enhanced the mechanism for resource management, reporting and documentation, promotion of responder safety, and optimum achievement of response objectives as evident in past major disaster response operations to include management of planned high-density population gatherings.

e. Organization and Structure of CIMC/CIMTG/DIMTG

In accordance with Executive Order NO. 82, series of 2012, CMCs shall be established at all levels specifically to take decisive action in responding to and managing the human-induced crises.

The local CMC, headed by the local chief executive as the responsible officer (RO), designates the Incident Commander (IC) whenever a particular crisis occurs. If the LPU commander is designated as the IC, the CIMTG shall be immediately activated to support the CMC.

1) The Crisis Management Committee (CMC)

The CMC (Annex “CC”) is primarily concerned with the formulation of crisis management procedures, integration and orchestration of government, military/police, and public efforts towards the prevention and control of crisis incidents. All actions and decisions taken by the CMC shall be within the policies laid down by the corresponding POCs.

2) The PNP NHQ Critical Incident Management Committee (PNP NHQ CIMC)

In support of the mandates of CMCs, the PNP NHQ shall organize its CIMC (Annex “DD”) with five sub-committees namely: sub-committee on criminality, sub-committee on destabilization, public disturbance and planned events, sub-committee on terrorism and CBRNE, subcommittee on public health hazards and sub-committee on natural disasters. This Committee shall take cognizance of all critical incidents, whether human-induced or natural disaster, and shall supervise/oversee operations of concerned offices/units to mitigate its effects on the general populace. It is primarily concerned with the implementation of policies and orchestration of PNP’s force and resources and efforts towards the control and mitigation of critical incidents. The NHQ CIMTG/DIMTG shall also be activated and shall serve as a special operating task group of the CIMC.

3) The Critical Incident Management Task Group (CIMTG)

To carry out the mandates of the PNP CIMC on human-induced (man-made) incidents, CIMTGs (Annexes “EE” and “EE-1”) shall be organized and replicated at the PRO/NCRPO (Regional) level down to the PPO/CPO; CPS/MPS (City/Municipal) level following the ICS structure.

The IC shall be designated by the Chairman, CMC, and CIMTG to be complemented by the Officers of the Office/unit who has functional staff functions in the organization.

At the Regional/Provincial/City/Municipal level, the PNPs response to any crisis will be to activate the CIMTG for human-induced incidents and the DIMTG for natural disasters. The Regional Director/Provincial/City Director/COP shall have the authority to activate the CIMTG or DIMTG.

The following are considered human-induced critical incidents:

  1. Abduction involving prominent personalities such as national and local government officials, foreign nationals (diplomats, ambassadors, consuls, attaches, foreign tourists), religious leaders from various religious congregations, and other personalities whose involvement in incidents may result in controversies;
  2. Attacks on vital installations, communities, and prominent personalities;
  3. Jailbreaks;
  4. Heinous crimes like assassination, ambush involving prominent personalities;
  5. Robbery hold-up, armored van robbery, and bank robbery perpetrated by syndicated groups;
  6. Election-Related Violent Incident (ERV);
  7. Major Events (International and National);
  8. Terrorism;
  9. Conflagration Incidents;
  10. Major Road Accidents;
  11. Mass Transport Accidents;
  12. Aircraft Hijackings;
  13. Sea Mishaps;
  14. Bombings;
  15. Indiscriminate active shooting;
  16. Mass actions;
  17. Mass poisoning;
  18. Drone attack;
  19. Gas leaks;
  20. Nuclear and Radiation Accidents;
  21. Chemical Disaster;
  22. Biological Disaster;
  23. Cyber-attacks;
  24. Epidemic;
  25. Pandemic;
  26. Stampede;
  27. Industrial Accident;
  28. Oil spills; and
  29. Other similar human-induced critical incidents that may result in human casualties and/or mass destruction of properties and the environment.

As applicable, the following shall be designated to handle the functional responsibilities of the CIMTG depending on the level of its activation:

In accordance with Executive Order 320, as amended, NPOC has constituted CMCs at all levels specifically to take decisive action in emergency situations.

4) Disaster Incident Management Task Group (DIMTG)

A DIMTG shall also be established and shall serve as a special operating task group of the PNP Sub-Committee on Disaster Management (SCDM) and assist the PRO DIMTG as the Chairman/Task Coordinator, PNP SCDM may direct. The NHQ PNP shall be composed of the NSU’s to be headed by the Director, PNP Special Action Force (SAF) as Task Group Commander with the Deputy Director of PCRG as the Deputy Task Group Commander (Annex “FF”)

DIMTGs shall also be activated at the PRO/PPO/CPO/CPS/MPS level depending on the affected area (Annex “FF-1”). As a matter of rule, a Regional DIMTG shall be activated if two or more provinces/cities are affected by disaster, a Provincial DIMTG shall be activated if two or more municipalities are affected, and a Municipal DIMTG shall be activated if two or more barangays are affected (LOI 35/10 “SAKLOLO REVISED”).

The following are considered natural disaster incidents:

  1. Floods;
  2. Landslides;
  3. Volcanic Eruption;
  4. Earthquake;
  5. Tidal Wave;
  6. Tsunami;
  7. Storm surge;
  8. Forest fire;
  9. Drought;
  10. Meteorite impact;
  11. Tornado; and
  12. Other natural hazards that may lead to colossal loss of property and lives.

As applicable, the following shall be designated to handle the functional responsibilities of the DIMTG:

f. The Escalation Protocols

The responsibility of addressing crisis can be transferred if the increasing needs in handling the incident are beyond the capability of the established CIMTG or DIMTG, or if there is jurisdictional change when the incident moves location or area of responsibility crosses boundaries. The transfer of responsibility during a crisis must always include a transfer of command briefing which may be oral, written or a combination of both.

  1. Human-Induced Escalation Protocol (CIMTG). To attain a smooth transition of command responsibility, the table shows the conditions or situations in any crisis level that will be considered:

 Table 3.1 Human-Induced Escalation Protocols

2) Natural Disaster Escalation Protocol (DIMTG)

Table 3.2 Natural Disaster Escalation Protocols

4.2 HOSTAGE SITUATION.

In handling hostage situations, the following guidelines and procedures shall be undertaken:

[A] First Responders (FR)

  1. Secure the incident scene and establish perimeter security.
  2. Give situation update to concerned TOC and inform the Hostage Negotiation Team (HNT) for possible deployment.
  3. Do not allow unauthorized persons at the incident scene.
  4. Gather information about the hostage-taker and hostage(s) from witnesses.
  5. Re-route traffic flow (if necessary).
  6. Evacuate all persons within the vicinity of the incident scene.
  7. Clear areas for use of other responders.
  8. Establish Advanced Command Post (ACP).
  9. Initiate contact with the hostage-taker through any available means
  10. If the situation becomes volatile, request for deployment of HNT. However, at any given time, if the hostage-taker is neutralized, the HNT may no longer be necessary.
  11. Brief the TL, HNT of the situation and turn over the conduct of negotiation.
  12. Stay at the incident scene to maintain security, crowd, and traffic control, preserve evidence and take custody of witnesses.

[B] Incident Commander (IC)

There shall be only one IC holding at least a senior rank and/or one with experience in hostage/crisis situation or relative training. Until such time that he/she officially designates a spokesperson, he/she may issue appropriate press statements and continue to perform the role of the spokesperson.

(1) The IC shall, upon assessment of the situation, prepare necessary plans including but not limited to the following:

  1. Emergency Response Plan – depends on the threat posed by the hostage-takers and the need of the HNT and IC.
  2. Breakout Plan – the possibility of breakout shall be considered immediately upon drawing up of negotiation strategy. This should be considered as one of the priority plans.
  3. Delivery Plan – in case the hostage-takers change plans in the middle of the execution.
  4. Surrender Plan – shall be drawn up in a way that the Hostages’ lives will not be jeopardized.
  5. Hostage Reception/Release – for security reasons, released hostages shall be contained and isolated.
  6. Collection Plan – the safety of the police personnel involved is the priority consideration.

(2) In handling hostage situations, the IC shall be guided by the following courses of action:

a) Negotiate

    1. Situation must be stabilized first before the start of the negotiation.
    2. All attempts to negotiate must be done by remote means.
    3. Adherence to the basic policy on the safety of the hostage shall be paramount.
    4. Do not allow outsiders (non-law enforcement officers) into the negotiation process, unless their presence is extremely necessary for the solution of the crisis. If so, they shall be properly advised on the Do’s and Don’ts of the hostage negotiation.
    5. Provide relevant information to the tactical teams.
    6. All communication with the hostage-taker must be secured and protected.
    7. Always adhere to the ethics of negotiation.

b) Arrest

    1. Effect the arrest of the hostage-taker when the situation warrants.
    2. Restrain the hostage-taker and conduct a thorough search on his/her body and the immediate vicinity of the incident scene.
    3. Inform the arrested person of the circumstances of his/her arrest, and recite the Miranda warning, and anti-torture warning.
    4. All evidence must be secured and properly documented.
    5. Use reasonable force in arresting the hostage-taker.
    6. Facilitate the transport of the hostage-taker to the nearest police station.

c) Tactical assault

    1. It may be resorted to if the hostage-taker poses an imminent danger of causing death or injury to the negotiator or hostage.
    2. When all peaceful means were utilized and failed and the hostage-taker is determined to become more violent.
    3. When peaceful resolution of the incident becomes impossible.

c. Hostage Negotiation Team (HNT)

Negotiators shall be designated by IC. No one shall be allowed to talk to the hostage-taker without clearance from the Negotiator or IC. The HNT is directly under the control and supervision of the IC. The HNT consists of the team leader/coordinator, primary negotiator, secondary negotiator, intelligence liaison/recorder, and board negotiator. The HNT shall:

    1. Set-up Negotiation Operation Center (NOC);
    2. Initiate contact with the hostage-taker and obtain other information;
    3. Give updates to the IC and brief him/her of the current situation;
    4. Evaluate the necessity of resorting to other options without compromising the safety of the hostage(s);
    5. Recommend for activation of CMC and deployment of CIMTG as necessary;
    6. Facilitate all deliveries, hostage receptions, and release and possible surrender of hostage-taker; and
    7. Attend to all meetings called by the CMC or IC.

d. Assault Team

An assault team shall be alerted for deployment in case the negotiation fails. Members of the assault team shall wear authorized and easily recognizable uniforms during the conduct of the operation.

e. Crowd Control

A crowd control team shall be deployed to manage and control the crowd and augment the first responders in securing the perimeter.

 

f. Support Personnel

Support personnel shall include those in charge of managing traffic, firefighting, providing medical emergency assistance, crime scene processing, and rescue.

 

g. After the neutralization of the hostage-taker/s and rescue of the hostage/s, the following processing and debriefing procedures shall be undertaken:

  1. Clear and secure the crime scene to avoid contamination of evidence;
  2. Evacuate the hostages and other injured persons;
  3. Conduct CSI;
  4. Conduct debriefing on the hostages and participating personnel;
  5. Take the sworn statement of witnesses, hostages, hostage-taker, and key participants in the incident;
  6. Initiate case conferences to facilitate the filing of cases;
  7. Issue press statements;
  8. Submit reports to higher headquarters; and
  9. Deactivate the CMC and CIMTG.

4.3 Bomb Threat and Bomb Incident Emergency Response

[a] Procedures for First Responder Upon Receipt of Any Bomb Threat:

  1. Treat all threats as serious until proven otherwise;
  2. Determine the exact location of the establishment under threat;
  3. Proceed immediately to the scene;
  4. Coordinate with the security manager or administrator;
  5. Conduct visual search in the area and isolate the specific place, if necessary, when a suspicious item is located without causing panic;
  6. Alert EODT/K9;
  7. Notify HHQ of any development and continue giving updates;
  8. Brief the EOD/K9 team upon arrival and assist if necessary; and
  9. Provide security at the scene until such time when the EOD/K9 team declares the area is cleared of any incendiaries or explosives.

[b] Procedures for First Responder if a suspected item is found and the EOD/K9 recommended an evacuation from the affected area.

  1. Coordinate with the management or administrator to identify the safest areas for evacuation;
  2. Assist in the evacuation of people without causing panic while the EOD/K9 conducts paneling procedures;
  3. Cordon the isolated area to prevent the entry of unauthorized persons; and;
  4. Coordinate with the management once the EOD/K9 declares the area as cleared and assist the people in resuming their businesses.

[c] Procedures for First Responder if the EOD/K9 confirmed the presence of an explosive component or Improvised Explosive Device (IED):

  1. Report the progress of the incident to the TOC for the following:
    1. Summon ambulance and fire trucks to the scene; and
    2. Request for the deployment of additional police personnel to establish traffic control, crowd control, and security.
  2. Lock down the affected area to a distance of at least 300 meters away;

NOTE: This chart below is the Standard Bomb Threat Stand-Off Chart of the US Homeland Security. We don’t have this standard but was able to give my students  in the first responder’s course in the PNP a guide as to how wide the probability of impact of a threat.

[d] Procedures for First Responder in case of Bomb Explosion

1) Upon receipt of the report:

    1. Identify the exact location of the incident and proceed to the scene immediately;
    2. Direct EOD/K9 teams to proceed to the area;
    3. Notify HHQ of the situation;
    4. Report the incident to the TOC for the following:
      1. Summon ambulance, fire trucks, and SOCO team to the scene and other resources as may be determined;
      2. Request for the deployment of additional police personnel to establish traffic control, crowd control, and security;

2) Upon arrival at the scene:

    1. Cordon the area at least 150 meters from the location of the explosion;
    2. Assist in the immediate evacuation of the injured if possible;
    3. Direct occupants of the establishment to evacuate;
    4. Maintain order and crowd control;
    5. Seal off location until the EOD/K9 team determines if a secondary device exists;
    6. Conduct rescue operations at the scene upon clearance of the EOD/K9 team;
    7. Assist the Post-Blast Investigation (PBI) team and SOCO team upon clearance from the EOD/K9 team;
    8. Submit initial incident report immediately with the following information;
      1. Time when the call for bomb threat was received;
      2. Time of detonation/explosion; and
      3. Description of type of device.
    9. Identify any witnesses and bring them to the nearest police station to obtain their statement;
    10. Avoid issuing “speculative” press releases or statements; and
    11. Ensure cooperation with the IOC.

4.4 Civil Disturbance Management (CDM) Operations

[1] General Guidelines

The PNP units tasked to maintain peace and order shall not interfere with the holding of public assembly. To ensure public safety, a CDM contingent under the command of a PCO shall be detailed and stationed at least 100 meters away from the place where the public assembly is being held (Batas Pambansa 880 sec. 9). In the absence of any permit from the LGU concerned, the PCO in command should exert effort in persuading the demonstrators to disperse peacefully and vacate the public place. In lightning rallies or demonstrations, the Ground Commander shall exhaust efforts through dialogue with the leaders/organizers for voluntary dispersal. In case of failure, orderly dispersal, to include apprehension of those responsible, shall be resorted to. Maximum tolerance must always be exercised (Batas Pambansa 880 sec. 10).

[2[ Specific Guidelines

When assistance is requested by the leaders/organizers, it shall be imperative for the CDM contingent to perform their duties while observing the rights of demonstrators. Further, the members of the CDM contingent dealing with the demonstrators shall be in the prescribed uniform.

  1. The CDM contingent shall not carry any kind of firearms but may be equipped with batons or riot sticks, crash helmets with visors, gas masks, boots, or ankle-high shoes with shin guards.
  2. Tear gas, smoke grenades, water cannons, or any similar anti-riot device shall not be used unless the public assembly is attended by actual violence or serious threats of violence, or deliberate destruction of property.
  3. The organization and membership of CDM contingents, as well as their deployment and employment, shall be in accordance with existing PNP rules and regulations.
  4. For every CDM contingent, there shall be a team of negotiators.
  5. A separate security contingent may be organized and ready to provide immediate assistance to the CDM contingents as the need arises.

[3] CDM Operational Tasks

  1. Isolate the area;
  2. Secure likely targets;
  3. Control the crowds;
  4. Establish area control; and
  5. Arrest violators.

[4] CDM Operational Approaches

  1. The commitment of a CDM contingent must be viewed as a last resort. Their role, therefore, should never be greater than what is necessary under the circumstances. This does not mean though that the number of troops employed should be minimized. Doubts concerning the number of troops required should normally be resolved in favor of deploying a large number as it may prevent the development of situations in which the use of force would be necessary. A large reserve of troops should be maintained during civil disturbance operations.
  2. In selecting an operational approach to a civil disturbance situation, the Ground Commander and his/her personnel must adhere to the procedures in Force Continuum in Chapter 2 Section 2-4 of this POP.
  3. Efforts should be exerted to create the image of a restrained and well-disciplined force, the sole purpose of which is to assist in the restoration of law and order. Further, while the CDM contingent should be visible, any activity that might excite rather than calm the situation should be avoided when possible.
  4. Consistent with the controlling principle “that he/she must use the minimum necessary force to accomplish his/her mission”, the Ground Commander shall equip the CDM contingent only with rattan sticks/truncheons/batons, shields, Kevlar helmets, and handcuffs.
  5. In situations requiring the use of batons/truncheons, only target fleshy parts of the body such as arms, torso, legs, and thighs. Hitting protesters with the baton or truncheon on the head, face, neck, shoulder blades, elbows, fingers, groins, knees, and ankles must be avoided since strikes to these parts may cause serious to permanent injuries, or even death.
  6. Arrested protesters must be restrained, handcuffed, and brought safely to the police station for processing.
  7. In any CDM deployment, there should be trained and equipped female CDM personnel.

 

4.5 Public Assembly

a. Policies

  1. The PNP adheres to the Code of Conduct for Law Enforcement Officials (1979, Art 2-3) adopted by the General Assembly of the United Nations that requires law enforcement officials to respect and protect human dignity, maintain and uphold the human rights of all persons, and limit the use of force to situations where it is strictly necessary and to the extent required for the performance of their duty.
  2. Public assemblies held in freedom parks or on private property do not need a permit for the activity.
  3. The PNP shall provide police assistance only when requested by the leaders or organizers for maintenance of peace and order or to ensure the safety of those participating in the public assemblies held in freedom parks or on private property.
  4. A public assembly held in a public place must have a permit from the mayor of the city or municipality exercising jurisdiction over the place where it will be held.
  5. A public assembly held with or without a permit may be peacefully dispersed. A public assembly with a permit may be dispersed if the same is being held in violation of the terms and conditions imposed in the permit. In both cases, before conducting any dispersal operation, the PNP shall notify the concerned organizers and leaders of the public assembly.
  6. Lightning demonstrations or rallies in areas where the public assembly is prohibited shall be dispersed peacefully. However, should any of the participants refuse to disperse voluntarily or violate any law or ordinance during an unauthorized public assembly, they shall be taken into police custody and be charged accordingly.
  7. Ground Commanders are responsible in determining whether there is a permit for the holding of the public assembly.
  8. Close coordination with the mayor of the city or municipality, or his/her representative, where the public assembly is being held should always be maintained especially when a permit has not been issued but an application has been filed prior to the holding of the public assembly.
  9. Maximum tolerance shall be exercised in the conduct of dispersal operations.

b. Police Responses

The following are the police responses during the planning stage, initial and peaceful stage, confrontational stage, violent stage, and post-operation stage:

1) During Planning Stage

  1. Initiate dialogue with the leaders/organizers to ensure the peaceful holding of a public assembly, including among others, the detail of police personnel providing security in the area.
  2. Prepare appropriate security and CDM contingency plans.

2) During Initial and Peaceful Stage

[a] With Permit or Held in Freedom Parks/ Private Properties

    1. The PNP shall not interfere with the holding of a public assembly. However, to adequately ensure public safety, a CDM contingent, under the control and supervision of a PCO shall be stationed at least 100 meters away from the area where the public assembly is being held.
    2. Monitor the activities at the public assembly area and respond to any request for police assistance.

[b] Without Permit or Permit has been revoked

    1. As soon as it becomes apparent that an assembly is being held in a public place, the Ground Commander shall immediately conduct an inquiry whether the assembly is covered with a permit or not. If a permit could not be shown, verification should immediately be done with the Office of the Mayor having jurisdiction over the place where the public assembly is being held. Should the Office of the Mayor confirm that a permit has not been issued, the leaders/organizers shall be informed of the fact that they are violating the law and will be asked to disperse peacefully.
    2. The PNP shall exhaust all peaceful remedies to persuade the demonstrators to disperse. This may include the involvement of Local Chief Executives (LCE)/community leaders when available to intervene in the situation so that dispersal operations could be avoided.
    3. Should negotiation fail and the demonstrators refuse to disperse voluntarily and peacefully, thereby causing public inconvenience, CDM contingents may commence dispersal operations after the CDM commander announced the violations of law they have committed. Such announcement of the violations must be made at least three times.

3) During Breach of Peace/Confrontational Stage (With or without a permit)

No public assembly with a permit shall be dispersed. However, when a public assembly becomes violent, the CDM contingents may disperse such public assembly in the following manner:

  1. At the first sign of impending violence, the Ground Commander shall call the attention of the leaders/organizers of the public assembly and ask the latter to prevent any possible disturbance. CDM contingents shall hold the line to prevent demonstrators from proceeding to other areas where the holding of a public assembly is prohibited.
  2. If actual violence reaches a point where rocks or other harmful objects from the participants are thrown at the CDM contingents or the non-participants, or at any property causing damage to it, the Ground Commander shall audibly warn the participants that if the disturbance persists, the public assembly will be dispersed;
  3. If the violence or disturbance does not stop, the Ground Commander shall audibly issue a warning to the participants of the public assembly, and after allowing a reasonable period of time to lapse, shall immediately order it to disperse. With the use of CDM formations, the rank of demonstrators shall be disbanded, contained, and isolated from each other, and should be prevented from regrouping.
  4. Water cannons and riot sticks may be used to repel aggression and to disperse demonstrators and reserve CDM contingents may be employed when the situation requires.
  5. No arrest of any leader, organizer, or participant shall be made unless he/she violates a law, statute, or ordinance during the assembly.

4) During Violent Stage

  1. Non-lethal weapons and equipment may be used to suppress violence, to protect lives, and prevent further damage to properties.
  2. PNP security elements shall be tactically deployed to provide immediate assistance to the CDM contingents.

5) Post-Operation Stage:

  1. CDM contingents shall be withdrawn after the area has been cleared of possible danger to public safety.
  2. Sufficient police force shall be maintained to ensure peace and order in the area.

c. Dispersal of Public Assembly with Permit

All public assemblies with permits shall not be dispersed. However, when an assembly becomes violent, the police may disperse such public assembly in the following manner:

  1. At the first sign of impending violence, the Ground Commander of the PNP contingent shall call the attention of the leaders of the public assembly and ask the latter to prevent any possible disturbance;
  2. If actual violence reaches a point where rocks or other harmful objects from the participants are thrown at the police officers or at the non-participants, or at any property, causing damage to it, the Ground Commander of the PNP contingent shall audibly warn the participants that if the disturbance persists, the public assembly
    will be dispersed;
  3. If the violence or disturbance does not stop, the Ground Commander of the PNP contingent shall audibly issue a warning to the participants of the public assembly, and after allowing a reasonable period of time to lapse, he shall immediately order it to disperse; and
  4. No arrest of any leader, organizer or participant shall be made unless he violates during the assembly a law, statute, or ordinance.

d. Dispersal of Public Assembly Without Permit

When the public assembly is held without a permit where a permit is required, the said public assembly may be peacefully dispersed. However, when the leaders or organizers of public assembly can show an application for permit duly filed at the Office of the Mayor which has jurisdiction over the place where the rally will be held, at least five days prior to the intended activity and the Mayor did not act on the same, the grant of the permit being then presumed under the law, and it will be the burden of the authorities to show that there has been a denial of the application, in which case, the rally may be peacefully dispersed following the procedure of maximum tolerance prescribed by law.

e. Prohibited Acts

The following prohibitions provided by Section 13 of Batas Pambansa (BP) 880 shall be strictly observed:

  1. Obstructing, impeding, disrupting, or otherwise denying the exercise of the right to peaceful assembly;
  2. The unnecessary firing of firearms to disperse the public assembly.
  3. Acts in violation of paragraph “d” of this Rule;
  4. Acts described hereunder if committed within 100 meters from the area of activity of the public assembly;
    1. The carrying of a deadly or offensive weapon or devices such as a firearm, pillbox, bomb, and the like;
    2. The carrying of a bladed weapon;
    3. The malicious burning of any object in the streets or thoroughfares;
    4. The carrying of firearms by CDM contingents;
    5. The interfering with or intentionally disturbing the holding of a public assembly by the use of a motor vehicle, its horns, and loud sound systems;
    6. The drinking of liquor or alcoholic beverages; and
    7. Gambling of any kind.

f. Guidelines in dealing with Assemblies, Rallies, Demonstrations, and Marches

  1. To ensure the protection, safety, and welfare of the public and demonstrators as well, the following must be observed:

(a) Confined Assemblies in Private Property (churches, schools, etc.)

    1. Initiate the conduct of dialogue with the leaders/organizers.
    2. Secure and maintain order within the perimeter.

(b) Confined Assemblies in Freedom Parks

    1. Initiate the conduct of dialogue with the leaders/organizers.
    2. Secure and contain the area within the limits of the permit to ensure the orderly and peaceful conduct of the assembly.

(c) Mobile Assemblies in a Private Area

    1. Initiate the conduct of dialogue with the leaders/organizers.
    2. Secure and maintain order within the perimeter.

(d) Marches and Motorcades along Public Thoroughfares

    1. Initiate the conduct of dialogue with the leaders/organizers.
    2. Request for the permit from the leaders/organizers if the local ordinance of the area requires one.
    3. Ensure the orderly and peaceful conduct of the marches and motorcades to ensure public safety and to prevent compromise of public convenience.
  1. There shall always be a designated Ground Commander at the rally site;
  2. If necessary, provide a medical team to extend assistance; and
  3. All CDM operations shall be properly documented with video and photo coverage;

4.6 Procedures for Responding PNP Personnel in Enforcing Quarantine Measures to Manage Health Hazards

Since the outbreak of Covid-19, the PNP has played a crucial role in supporting the government’s efforts to control the disease and promote safer communities. Covid-19 may not be the last health hazard that the country will experience. It is therefore essential for PNP personnel enforcing the quarantine measures to work together with other government agencies, the local government units, and the community in addressing other similar threats.

[1] Initial Response Upon the Impact of Health Hazard

[1] PNP responders who first arrived at the scene shall initially and simultaneously perform the following:

    1. Assess and secure the scene, cordon and prevent the ingress and egress of individuals to the area of impact;
    2. Ensure the observance of safety protocol and use Personal Protective Equipment (PPE) and respiratory protection;
    3. In situations where the victims are directly exposed to a non-contagious health hazard as assessed by authorities, immediately evacuate them to a safe area while waiting for the emergency responders;
    4. Immediately inform the Chief of Police (COP) or Station Commander and the station TOC, which will then call other emergency groups;
    5. Make a record of the initial emergency responders who arrived at the area and their actions taken;

[2] Establish the Incident Command Post (ICP) with the COP or Station Commander who shall initially act as IC until such time the mayor or responsible officer has made an official designation of his/her IC.

[3] Immediately turn over the scene to the designated IC upon his/her arrival;

[4] Assist the IC in matters pertaining to the provision of security and maintenance of law and order;

[5] Designate an investigator who shall coordinate with the investigators from BFP and other concerned agencies to gather relevant information, if necessary;

[6] If the health hazard is the result of an illegal act such as disposal of hazardous materials, the PNP may immediately effect the arrest of the identified suspect/s, if warranted; and

[7] Wait for the official announcement that the area of impact has been cleared from any health hazard before leaving the scene.

[2] When the Health Hazard Becomes Widespread and has Affected Many Communities

  1. Assist in the implementation of government-issued guidelines and issuances in mitigating the effect of health hazard;
  2. Establish health hazard control points for the implementation of travel restrictions without compromising the movement of essential goods and authorized persons;
  3. Implement the guidelines in the observance of the minimum public health standards;
  4. Activate law and order cluster and observe the CIMOP guidelines;
  5. Ensure that all PNP personnel rendering duty in health hazard control points, isolation or quarantine facilities are using appropriate PPEs;
  6. Coordinate with the PNP health service in organizing and capacitating the Medical Reserve Force (MRFs) in the management of health hazard;
  7. Assist the LGUs in the conduct of contact tracing when requested;
  8. Provide security in quarantine/isolation facilities or escort in the transport of affected and infected individuals, when requested; and
  9. Observe proper decontamination procedures/protocol in coordination with the PNP Health Service or other authorized health offices.

[3] Other Activities Relative to Public Safety and Security

  1. Organize Reactionary Support and Standby Force (RSSF) for possible deployment;
  2. Provide security in the arrival, transport, and distribution of goods and medical supplies;
  3. Conduct Red Teaming operations;
  4. Conduct awareness campaign through TRIMP; and
  5. Provide security to other government programs/activities that require police assistance;

 

[d] Arrest of Violators in Relation to Health Hazard Laws, Guidelines and Protocols

  1. PNP personnel must be abreast of the prevailing directives, laws, and ordinances relating to health hazards and must maintain copies of the same;
  2. Arrest shall be done in accordance with guidelines and procedures on Arrest in Rule 2.6 of this POP and with observance of public health standards and protocol;
  3. All arrested persons shall be subjected to an initial investigation and booking at a designated holding area if necessary. They shall be separated from other persons under police custody until cleared from any diseases/infection;
  4. When the law or ordinance prescribes the penalty of fine and allows the person apprehended to pay voluntarily the fine imposed prior to the filing of a formal complaint with the appropriate prosecution office, he/she shall be allowed to pay said fine with the concerned City/Municipality/Barangay where he/she was apprehended to avoid being criminally prosecuted; and
  5. Respect for human rights and the dignity of persons shall be observed at all times.

 

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