REVISED PHILIPPINE NATIONAL

POLICE OPERATIONAL
PROCEDURES

Republic Act No. 7438 April 27, 1992

AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR UNDER

CUSTODIAL INVESTIGATION AS WELL AS THE DUTIES OF THE ARRESTING,
DETAINING AND INVESTIGATING OFFICERS, AND PROVIDING PENALTIES FOR
VIOLATIONS THEREOF
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Statement of Policy. – It is the policy of the Senate to value the dignity of every human being
and guarantee full respect for human rights.
Section 2. Rights of Persons Arrested, Detained or Under Custodial Investigation; Duties of Public
Officers. –
(a) Any person arrested detained or under custodial investigation shall at all times be assisted by counsel.
(b) Any public officer or employee, or anyone acting under his order or his place, who arrests, detains or
investigates any person for the commission of an offense shall inform the latter, in a language known to
and understood by him, of his rights to remain silent and to have competent and independent counsel,
preferably of his own choice, who shall at all times be allowed to confer privately with the person
arrested, detained or under custodial investigation. If such person cannot afford the services of his own
counsel, he must be provided with a competent and independent counsel by the investigating
officer.lawphi1Ÿ
(c) The custodial investigation report shall be reduced to writing by the investigating officer, provided that
before such report is signed, or thumbmarked if the person arrested or detained does not know how to
read and write, it shall be read and adequately explained to him by his counsel or by the assisting counsel
provided by the investigating officer in the language or dialect known to such arrested or detained person,
otherwise, such investigation report shall be null and void and of no effect whatsoever.
(d) Any extrajudicial confession made by a person arrested, detained or under custodial investigation shall
be in writing and signed by such person in the presence of his counsel or in the latter's absence, upon a
valid waiver, and in the presence of any of the parents, elder brothers and sisters, his spouse, the
municipal mayor, the municipal judge, district school supervisor, or priest or minister of the gospel as
chosen by him; otherwise, such extrajudicial confession shall be inadmissible as evidence in any
proceeding.
(e) Any waiver by a person arrested or detained under the provisions of Article 125 of the Revised Penal
Code, or under custodial investigation, shall be in writing and signed by such person in the presence of
his counsel; otherwise the waiver shall be null and void and of no effect.
(f) Any person arrested or detained or under custodial investigation shall be allowed visits by or
conferences with any member of his immediate family, or any medical doctor or priest or religious
minister chosen by him or by any member of his immediate family or by his counsel, or by any national
non-governmental organization duly accredited by the Commission on Human Rights of by any
international non-governmental organization duly accredited by the Office of the President. The person's
"immediate family" shall include his or her spouse, fiancé or fiancée, parent or child, brother or sister,
grandparent or grandchild, uncle or aunt, nephew or niece, and guardian or ward.
As used in this Act, "custodial investigation" shall include the practice of issuing an "invitation" to a
person who is investigated in connection with an offense he is suspected to have committed, without
prejudice to the liability of the "inviting" officer for any violation of law.
Section 3. Assisting Counsel. – Assisting counsel is any lawyer, except those directly affected by the
case, those charged with conducting preliminary investigation or those charged with the prosecution of
crimes.
The assisting counsel other than the government lawyers shall be entitled to the following fees;
(a) The amount of One hundred fifty pesos (P150.00) if the suspected person is chargeable with light
felonies;lawphi1©alf
(b) The amount of Two hundred fifty pesos (P250.00) if the suspected person is chargeable with less
grave or grave felonies;
(c) The amount of Three hundred fifty pesos (P350.00) if the suspected person is chargeable with a capital
offense.
The fee for the assisting counsel shall be paid by the city or municipality where the custodial investigation
is conducted, provided that if the municipality of city cannot pay such fee, the province comprising such
municipality or city shall pay the fee: Provided, That the Municipal or City Treasurer must certify that no
funds are available to pay the fees of assisting counsel before the province pays said fees.
In the absence of any lawyer, no custodial investigation shall be conducted and the suspected person can
only be detained by the investigating officer in accordance with the provisions of Article 125 of the
Revised Penal Code.
Section 4. Penalty Clause. – (a) Any arresting public officer or employee, or any investigating officer,
who fails to inform any person arrested, detained or under custodial investigation of his right to remain
silent and to have competent and independent counsel preferably of his own choice, shall suffer a fine of
Six thousand pesos (P6,000.00) or a penalty of imprisonment of not less than eight (8) years but not more
than ten (10) years, or both. The penalty of perpetual absolute disqualification shall also be imposed upon
the investigating officer who has been previously convicted of a similar offense.
The same penalties shall be imposed upon a public officer or employee, or anyone acting upon orders of
such investigating officer or in his place, who fails to provide a competent and independent counsel to a
person arrested, detained or under custodial investigation for the commission of an offense if the latter
cannot afford the services of his own counsel.
(b) Any person who obstructs, prevents or prohibits any lawyer, any member of the immediate family of a
person arrested, detained or under custodial investigation, or any medical doctor or priest or religious
minister chosen by him or by any member of his immediate family or by his counsel, from visiting and
conferring privately with him, or from examining and treating him, or from ministering to his spiritual
needs, at any hour of the day or, in urgent cases, of the night shall suffer the penalty of imprisonment of
not less than four (4) years nor more than six (6) years, and a fine of four thousand pesos
(P4,000.00).lawphi1©
The provisions of the above Section notwithstanding, any security officer with custodial responsibility
over any detainee or prisoner may undertake such reasonable measures as may be necessary to secure his
safety and prevent his escape.
Section 5. Repealing Clause. – Republic Act No. No. 857, as amended, is hereby repealed. Other laws,
presidential decrees, executive orders or rules and regulations, or parts thereof inconsistent with the
provisions of this Act are repealed or modified accordingly.
Section 6. Effectivity. – This Act shall take effect fifteen (15) days following its publication in the
Official Gazette or in any daily newspapers of general circulation in the Philippines.

RULE 13. ARREST

13.1 General Guidelines
(1) All arrests should be made only on the basis of a valid Warrant of Arrest issued by a competent
authority, 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 greater restraint than what is necessary under the circumstances.
(3) As a general rule, arrests can be made on any day of the week and at any time of the day or night.
(4) Only judges are authorized to issue Warrants of Arrest.
(5) A Warrant of Arrest is no longer needed if the accused is already under detention. An Order of
Commitment is issued by the judge in lieu of the Warrant of Arrest.
(6) The following are immune from arrest:
(1) A Senator or Member of the House of the Representatives while Congress is in session for an
offense punishable by not more than six years of imprisonment; and
(2) Diplomatic Agents, Under the Vienna Convention on Diplomatic Relations.

13.2 Warrant of Arrest

The warrant of arrest is the written authority of the arresting offi cer when making an arrest or taking of a
person into custody in order that he may be bound to answer for the commission of an offense.
The head of the offi ce to whom the warrant of arrest has been delivered for implementation shall cause
the warrant to be implemented within ten (10) days from receipt. Within ten (10) days after the expiration
of such period, the police offi cer to whom it was assigned for implementation shall make a report to the
judge who issued the warrant and in case of his failure to implement the same, shall state the reasons
thereof.
13.3 Arrests Without a Warrant
A peace officer or a private person may, without a warrant, arrest a person:

A. When, in his presence, the person to be arrested has committed, is actually committing, or is
attempting to commit an offense;
B. When an offense has just been committed and he has probable cause to believe, based on personal
knowledge of facts or circumstances, that the person to be arrested has committed it;
C. When the person to be arrested is a prisoner who has escaped from a penal establishment or place
where he is serving final judgment or temporarily confined while his case is pending, or has
escaped while being transferred from one confinement area to another;
D. Where the accused released on bail attempts to leave the country without court permission;
E. Violation of conditional pardon, punishable under Article 159 of the Revised Penal Code as a case
of evasion of service of sentence; and
F. Arrest following a Deportation Proceeding by the Immigration Commissioner against illegal and
undesirable aliens.
13.4 Authority of the Arresting Officer when Making an Arrest
A. Police officer may summon assistance – A police officer making a lawful arrest may verbally
summon as many persons as he deems necessary to assist him in effecting the arrest.
B. Right of a police officer to break into building or enclosure – A police officer in order to make an
arrest, with or without warrant, may break into a building or enclosure where the person to be
arrested is or is reasonably believed to be, if he is refused admittance thereto after announcing his
authority and purpose.
C. Right to break out from building or enclosure – Whenever a police officer has entered the
building or enclosure to make an arrest, he may break out there from, when necessary, to liberate
himself.
D. Arrest after escape or rescue – If a person lawfully arrested escapes or is rescued, any person may
immediately pursue to retake him without a warrant at anytime and in any place within the
Philippines.
13.5 Procedures
a. Serving of Warrant of Arrest
1) Verify the validity of the warrant and request for an authenticated copy from the issuing court;
2) In serving the warrant, the police offi cer should introduce himself and show proper identifi
cation;
3) Make a manifestation of authority against the person to be arrested;
4) If refused entry, the police offi cer may break into any residence, office, building, and other
structure where the person to be arrested is in or is reasonably believed to be in, after announcing
his purpose;
5) The police offi cer need not have a copy of the warrant in his possession at the time of the arrest.
If the person arrested so requires, the warrant shall be shown to the arrested person as soon as
possible; (6) Secure the person to be arrested and use handcuffs for the protection of the arresting
offi cer, other individuals or the arrested person himself;
 6) Conduct thorough search for weapons and other illegal materials on the person arrested and
surroundings within his immediate control;
7) Inform the person to be arrested of his rights under the law (i.e. Miranda Warning and Anti-
torture Warning);
8) No unnecessary force shall be used in making an arrest;
9) Confi scated evidence shall be properly documented with the chain of custody of evidence duly
and clearly established;
10) Bring the arrested person to the Police Station for documentation;
11) Make a Return of Warrant to the court of origin (Annex “B” - Return of Warrant Form); and
12) Deliver the arrested person to jail/prison upon the issuance of a commitment order of the court.
b. Effecting Warrantless Arrest
(1) Freeze or restrain the suspect/s;
(2) Make proper introduction as to identity and authority to arrest;
(3) Inform the arrested person of the circumstances of his arrest and recite the Miranda Warning and
Antitorture Warning to him;
(4) Secure the person to be arrested and use handcuffs for the protection of the arresting offi cer,
other individuals or the arrested person himself;
(5) Conduct thorough search for weapons and other illegal materials on the person arrested and
surroundings within his immediate control;
(6) Confi scated evidence shall be properly documented with the chain of custody of evidence duly
and clearly established;
(7) No unnecessary force shall be used in making an arrest; and
(8) Bring the arrested person to the Police Station for further investigation and disposition.

13.6 Duties of the Arresting Officer

A. It shall be the duty of the police offi cer implementing the Warrant of Arrest to deliver the
arrested person without delay to the nearest Police Station or jail to record the fact of the
arrest;
B. At the time of the arrest, it shall be the duty of the arresting offi cer to inform the person
arrested of the cause of the arrest and the fact that a warrant had been issued for his arrest.
The arresting offi cer need not have the warrant in his possession at the time of the arrest but
after the arrest, if the person arrested so requires, the warrant shall be shown to him as soon
as possible;
C. When women or children are among the arrested suspect/s, the arresting officer shall task the
Women’s and Children’s Protection Desks (WCPD) officer or a policewoman who is familiar
with women and children protection desk duties to conduct the pat-down search;
D. 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 authority and the cause of the arrest except when he flees or
forcibly resists before the arresting officer has the opportunity to inform him or when the
giving of such information will imperil the arrest;
 E. The person arrested, with or without warrant, shall be informed of his constitutional right to
remain silent and that any statement he makes could be used against him. Also, that he has
the right to communicate with his lawyer or his immediate family and the right to physical
examination;
F. A person arrested without a warrant shall be immediately brought to the proper Police Station
for investigation without unnecessary delay. He shall be subjected to inquest proceedings
within the time prescribed in Article 125 of the Revised Penal Code (RPC);
G. 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 confi nement and the like is prohibited;
H. If the person arrested without a warrant waives his right under the provisions of Art 125 of
the Revised Penal Code, the arresting offi cer shall ensure that the former signs a waiver of
detention in the presence of his counsel of choice; and
I. If the person arrested waives his right against selfincrimination and chooses to give his
statement, the arresting offi cer shall ensure that the waiver is made in writing and signed by
the person arrested in the presence of a counsel of his own choice or a competent and
independent counsel provided by the government.

13.7 Physical Examination of Arrested Person/Suspect

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

RULE 14. SEARCH AND SEIZURE

14.1 Requisites for the Issuance of Search Warrant

A search warrant shall be issued only upon probable cause in connection with one specifi c offense to
bedetermined personally by the judge after examination under oath or affi rmation 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.

a. 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.

b. Objects that are illegal per se, even if not particularly described in the search warrant, may be
seized under the plain view doctrine.

14.2 Validity of Search Warrant

 a. The warrant shall be valid for ten (10) days from date of issuance and may be served at
any day within the said period. Thereafter, it shall be void.
b. If, in the implementation of the search warrant, its object or purpose cannot be
accomplished in one day, the search can be continued the following day, or days, until
completed, provided it is still within the ten (10)- day validity period of the search
warrant.
c. If the object or purpose of the search warrant cannot be accomplished within the ten (10)-
day validity period, the responsible police officer conducting the search must fi le, before
the issuing court, an application for the extension of the validity period of said search
warrant.

14.3 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.

14.4 Applications for Search Warrant

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

a. Offi ce applying for the Search Warrant;

b. Name of offi cer-applicant;
c. Name of the subject, if known;
d. Address/place(s) to be searched;
e. Specifi c statement of things/articles to be seized; and
f. Sketch of the place to be searched.

All approved applications shall be recorded in a log book, duly maintained for the purpose, indicating
the name of the applicant, name of the respondent, nature of the offense, and date of the application.
(Annexes “C”, “C-1” and “C-2”)

14.5 Authority of Police Officers when Conducting Search

In the conduct of search, if after giving notice of his purpose and authority, the police offi cer is
refused admittance to the place of search, he may break open any outer or inner door or window or any
part of a house or anything therein to implement the warrant or liberate himself or any person lawfully
aiding him when unlawfully detained therein.

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

a. Houses, rooms, or other premises shall not be searched except in the presence of the
lawful occupant thereof or any member of his family or, in the absence of the latter, in the
presence of two (2) witnesses of suffi cient age and discretion residing in the same
locality.
b. Lawful personal properties, papers, and other valuables not specifi cally indicated or
particularly described in the search warrant shall not be taken.

14.7 Inventory and Delivery of Property Seized

a. The police officer who confiscates property under the warrant shall issue a detailed receipt of
property seized to the lawful occupant of the premises, or in the absence of such occupant, shall
do so in the presence of at least two (2) witnesses of sufficient age and discretion residing in the
same locality;
b. The receipt shall likewise include items seized under the Plain View Doctrine;
c. The police officer must then leave a receipt in the place in which he found the seized property
and a duplicate copy thereof with any barangay official having jurisdiction over the place
searched (Annexes “D” and “D-1”); and
d. The police officer must forthwith deliver the property seized to the judge who issued the warrant,
together with an inventory thereof, duly verified under oath. (Annexes “E” and “E-1”)

14.8 Valid Search and Seizures Without Search Warrant

a. Search made incidental to a valid arrest A person lawfully arrested may be searched for
dangerous weapons or anything which may be used or which may constitute proof in the
commission of an offense, without a search warrant. The warrantless search and seizure
as an incident to a lawful arrest may extend beyond the person of the arrested to include
the premises or surroundings under his immediate control.
b. 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 fi nd 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.
 c. Seizure of evidence in plain view Any object in the 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 can view a particular area;
(2) The discovery of the evidence in plain view is unintentional; or
(3) It is immediately apparent to the police officer that the item he observes may be evidence of a
crime, contraband, or is a valid subject of seizure.
d. When there is waiver of the 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.
e. Searches Under Stop and Frisk Rule The police officer has the right to stop a citizen on
the street, interrogate him, and pat him for weapons whenever he observes unusual
conduct which convinces him that a criminal activity exists.
f. Emergency and Exigent Circumstances A search warrant could be validly dispensed with
in cases of exigent and emergency situation, and the police officers have reasonable
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 were closed.
g. Tipped Information If the police officers have reasonable grounds to believe that the
subjects are engaged in illegal activities, the tipped information is suffi cient to provide
probable cause to effect a warrantless search and seizure.

RULE 11. CHECKPOINTS

11.1 Authority to Establish Checkpoints

Checkpoint is a place where the police check vehicular/ pedestrian traffi c in order to
enforce circulation control measure and other laws, orders, and regulations. The establishment of
checkpoints must always be authorized by the Head of Offi ce of the territorial PNP Unit and
manned by uniformed PNP personnel. Other units directly involved in an operation may establish
mobile checkpoints in coordination with the Unit Commander in the area.

11.2 Composition

In the conduct of checkpoint, the checkpoint team shall be composed of, but not limited to, the
following:
 a. Team Leader (TL) - shall lead and take responsibility in the conduct of checkpoint
preferably an offi cer with the rank of at least Police Inspector;
b. Spotter - PNP personnel who will point/profi le suspected vehicle subject for
checkpoint;
c. Spokesperson - TL or member who is in charge of communicating with the motorists
subject for checkpoint;
d. Investigation Sub-team - in charge of investigation and documentation of possible
incidents in the checkpoint to include issuance of Traffi c Citation Ticket (TCT) or
Traffi c Violation Report (TVR); e. Search/Arresting Sub-Team - designated to
conduct search, seizure and arrest, if necessary;
e. Security Sub-Team - tasked to provide security in the checkpoint area; and g.
Blocking/Pursuing Sub-Team - team tasked to block/ pursue fl eeing
suspects/vehicle.

11.3 Guidelines

a. Mobile checkpoints are authorized only when established in conjunction with ongoing
police operations. Only offi cially marked vehicles with blinkers turned on, if available,
shall be used in establishing mobile checkpoints.
b. Checkpoints are established to enforce circulation control measure, laws, orders and
regulations, and when there is a need to arrest a criminal or fugitive from justice.
c. The composition of the personnel manning the checkpoint shall be left to the sound
discretion of the Team Leader (TL), with the consideration of female PNP offi cer in the
team especially when there is an anticipated female suspect.
d. The minimum Police Checkpoint team should at least be composed of an 8-man
complement, with three verifi ers, one spotter, one TL, one profi ler, one rear security and
one advance security.
e. The Team manning checkpoints must have immediate contact with the LGUs, Public
Attorney’s Offi ce (PAO) or any member of the Philippine bar, and/or the media (for drug
cases).
f. The Team should encourage the participation of, but not limited to, the Local
Government Units (LGUs), Civil Society Groups, Non-Governmental Organizations
(NGOs), business organizations, other civic groups, media and other stakeholders during
the conduct of Police Checkpoint operations.
g. The participation of the civilians and the presence of the media in the conduct of
checkpoint must be confi ned only as observers to give police additional eyes and
promote transparency of activities in the area.
h. All civic groups or organizations to include the media, who are inclined to participate in
police checkpoints, must be duly registered and accredited by the PNP for such purpose.
The accreditation of the civilian groups to join in the conduct of checkpoint shall be
administered by the Police Regional and Provincial Offi ces.
i. PNP personnel manning the checkpoint must have a presentable appearance, wearing the
prescribed PNP uniform. Likewise, the civilian members must also be in their
organization’s uniform with their names conspicuously displayed for identifi cation. In no
case shall the civilian components be allowed to bear fi rearms during the checkpoint.
j. In Metro Manila and other major cities, police offi cers manning the checkpoints should
not wear Field Service Uniforms (FSU) or black fatigues in lieu of the PNP General Offi
ce Attire unless the conduct of checkpoint is a result of a Hot Pursuit Operation or a High
Risk Checkpoint. The use of mixed uniforms (GOA, FSU, black fatigue) in the conduct
of checkpoint is strictly prohibited.
k. As much as possible, the area where the checkpoints shall be established must be
properly lighted, with a noticeable signage bearing the name of the PNP unit and the
participating organization/s visibly displayed in the checkpoint site, to prevent any
apprehension from the public of the existence of the same.
l. Due courtesy must be accorded to the motorists, traders and the commuters during the
conduct of checkpoint.
m. The spokesperson must greet the people subject for inspection, extend apology for the
inconvenience, appeal for understanding and state the reasons of the operation. Upon
completion, thank the person/s searched.
n. Except in the actual commission of crime during checkpoints or in a hot pursuit
operation, the conduct of inspection of vehicle during a routine checkpoint is limited to a
visual search and therefore must be done with due respect to innocent passers-by,
commuters, or bystanders and be conducted in a manner that is of least inconvenience to
the public. Searches, seizures, and arrests made during checkpoints shall be within the
ambit of the law.
o. Violations/Infractions of the law discovered during the checkpoint operation shall be
expeditiously disposed of following legal procedures. Arrested persons must be apprised
of their rights with respect to the Miranda Doctrine.
p. The security of the PNP personnel, and most especially that of the civilians participating
in the checkpoint operation, must be given due consideration in the planning of the
operation.
q. Only the security sub-team and blocking/pursuing subteam members are allowed to
display high-powered fi rearms should be positioned where they can best provide security
to the Checkpoint team, including themselves.
r. Checkpoint personnel must not limit their task to law enforcement and crime deterrence.
They should also be ready to provide police assistance in the vicinity e.g., giving
directions to inquiring motorists or passers-by.
s. The PNP operating units must provide their own logistical and fi nancial requirements to
avoid soliciting support from the civilians for their personal or operational needs.
t. Police personnel assigned in the checkpoint shall not mulct, extort, or harass drivers,
passengers, and traders. Designated TL assigned at the checkpoint shall be responsible for
the actuations and behavior of his personnel and shall be accountable under the doctrine
of Command Responsibility.
u. Voluntary offers of cash or in kind from the traders/ motorists passing the checkpoint
should be absolutely refused because the offer might be misconstrued as a bribe.
v. The police and the civilian component must separately submit their After Checkpoint
Operation Report to their respective units or organization for proper evaluation of the effi
cacy of the operation.

11.4 Procedure in the Conduct of Regular Police Checkpoint

a. Unit Commanders should inform Higher Headquarters (HHQs) Tactical Operations

Center (TOC) and coordinate with adjacent units, such as MPS, CPS, NSUs, Public
Safety Company Forces and other friendly forces, personally or through an offi cial
representative, before commencing with the checkpoint to avoid misencounter and any
untoward incident;
b. The TL shall brief the PNP personnel, as well as the civilian components present,
including the media regarding the proper conduct of the checkpoint and their assigned
tasks prior to their deployment;
c. The TL shall initially account for the PNP personnel and check if they are in the
prescribed uniform. PNP personnel conducting the checkpoint shall display their
nameplates at all times. If wearing a jacket, the fl ap of the jacket bearing their names
 should also be displayed. Likewise, the equipment will include, but not limited to, the
following:
(1) Marked Patrol vehicles;
(2) Firearms with basic load of ammunition;
(3) Handheld and vehicle base radios;
(4) Flashlights;
(5) Megaphone;
(6) Video camera; and
(7) Signage:
(a) Warning signs: (e.g., Slowdown Checkpoint Ahead, Checkpoint 20
Meters Ahead, etc); and
(b) Information signs: Name of the Unit and TL.
d. The Spotter of the team will be pre-positioned in a place where he can best point/profi le
suspected vehicles prior to their approach to the checkpoint;

e. Search/Arresting Sub-Team shall fl ag down suspected vehicles and conduct search,

seizure and arrest, if necessary;

f. In the event of seized drugs, the team having initial custody and control of the drugs shall
immediately conduct physical inventory and photograph the same in the presence of the
accused or the person/s from whom such items were confi scated and/or seized, or his/her
representative or counsel, a representative from the media and DOJ, any elected public offi
cial who shall be required to sign the copy of the inventory and be given a copy thereof;

g. Arrested persons and seized items shall be turned over to the investigation sub-team for
documentation and proper disposition;

h. In the event that the checkpoint is ignored, and the occupants of the vehicle open fi re on
the personnel manning the checkpoint, reasonable force to overcome the suspects’ aggression
may be employed;

i. Inform Higher Headquarters before terminating the conduct of Checkpoint;

j. The TL shall conduct debriefi ng of personnel after termination of the Checkpoint; and

k. Unit Commander shall submit After-Activity Report to Higher Headquarters.

11.5 Procedure in the Conduct of On-the Spot (Hasty) Checkpoints

a. PNP personnel conducting mobile patrols on board patrol vehicles will initially man the
checkpoint, to be complemented by additional personnel upon arrival of reinforcement. A
collapsible signage with markings: “Stop, Police Checkpoint” if available, indicating also
the name of the concerned police offi ce/unit conducting the operations, will be used for
the purpose;
b. 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 checkpoint shall be
manned initially by said personnel;
c. The team shall immediately inform Higher Headquarters of the exact location of the
hasty Checkpoint to include personnel involved and available equipment;
d. In a hasty checkpoint, where there is a possibility of highrisk stop and high-risk arrest,
and there is an urgency for troop deployment and that public safety might be at risk, the
participation of the civilian component and the presence of the media in the checkpoint
operation shall not be allowed;
e. 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 Regular Checkpoint; and
f. As soon as the Hasty Checkpoint is converted into a Regular Checkpoint, TL shall follow
the procedures under 11.4c of this Rule.

11.6 General Procedure to be Followed When Checkpoints are Ignored

When checkpoints are ignored, the following shall be observed:

a. In the event that checkpoints/roadblocks are ignored and the motorists/suspects bump the
roadblock in an attempt to elude arrest or avoid inspection, the TL shall immediately contact
adjacent units to inform them of the situation so that these units can conduct dragnet operation or
police defensive roadblock, while the members of the blocking/pursuing team shall block or
pursue the errant fl eeing motorist;
b. Warning shots shall not be allowed due to the confusion it may create for the driver and
passengers of the vehicle. Megaphones or police sirens shall be used instead during the pursuit.
The plate number of the vehicle shall be noted and given to other units in adjacent areas to
prevent the possibility that the vehicle may elude the pursuit operation; and
 c. In the event that the occupants of the vehicle open fi re on the personnel manning the checkpoint,
reasonable force to overcome the suspects’ aggression may be employed.

11.7 Procedure in Flagging Down or Accosting Vehicles While in Mobile Car

This rule is a general concept and will not apply in hot pursuit operations. The mobile car crew shall
undertake the following, when applicable:

a. Call Headquarters to provide information on the make or type and plate number of the motor
vehicle to be accosted and, if possible, identity of occupants;
b. State the reason(s) for the planned intervention of the suspected motor vehicle;
c. Give the mobile car’s location and its direction before making actual intervention;
d. Try to get alongside the suspects’ vehicle and check the occupants without alarming them of your
purpose. You can even overtake the vehicle and wait for it at an advantageous location before
stopping the suspects’ vehicle;
e. Determine whether the suspects are hostile or not;
f. Make known to the suspect that you are after them through the use of a siren or megaphone;
g. Instruct the driver to pull over or stop on the side of the road;
h. Park behind the suspect’s vehicle at an appropriate distance and cautiously approach the vehicle
on the driver’s side;
i. If the vehicle’s windows are heavily tinted and the occupants cannot be seen, instruct the driver to
open all windows to have a clear view of the interior of the vehicle;
j. Instruct the driver to turn off the ignition, if this was not done when the vehicle stopped; in case
of motorcycle instruct the driver to remove the key and disembark;
k. The other members of the team must be on guard for any eventuality while the vehicle is being
approached;
l. Talk to the driver in a most courteous manner and inform him of the nature of his violation.
Demand to see the driver’s license, photocopies of the certifi cate of registration and the offi cial
receipt. Examine thesedocuments and counter-check the driver on the information refl ected
therein;
m. If it concerns traffi c violations, immediately issue a Traffi c Citation Ticket (TCT) or Traffi c
Violation Report (TVR). Never indulge in prolonged, unnecessary conversation or argument with
the driver or any of the vehicle’s occupants;
n. In case of other violations that require the impounding of the vehicle, inform the driver regarding
this situation and instruct him to follow you, after issuing the TCT/ TVR; and
 o. Before moving out, inform Headquarters regarding the situation/status and disposition of the
person and motor vehicle accosted.

11.8 Dealing with Hostile Situation

The following are the procedures to be followed in dealing with hostile drivers:

a. Stopping Vehicles

(1) Follow the procedure stated in paragraphs a to c of Rule 11.7;

(2) Immediately request for back-up;
(3) Follow the suspect and always keep him within visual range;
(4) Expect that the suspect will notice your action at any time. Be prepared for hot
pursuit or actual hostile confrontation;
(5) If the back-up is already in the vicinity, inform Headquarters that you are
proceeding to accost the suspect;
(6) Inform the suspects that you are after them through the use of siren or
megaphone and instruct the driver to pull over or stop on the side of the street;
(7) Park at an appropriate distance behind the suspect’s vehicle;
(8) While the vehicle is being approached, the other members of the crew and back-
up must be on guard for any eventuality. Overreactions or aggression on the part
of the police should be avoided;
(9) If the vehicle’s windows are heavily tinted and the occupants cannot be seen,
instruct the driver to open all windows for a clear view of the vehicle’s interior;
(10) Direct the driver and other occupants of the vehicle not to make
unnecessary movements and to show their hands outside the car;
(11)Instruct the driver to turn off the ignition and toss the key to the ground. Demand
to see the Driver’s License and photocopies of the vehicle’s certificate of
registration and the official receipt. Examine the documents and counter-check
the driver on the information reflected therein; and
(12) If there are other suspects aside from the driver, separate them from one
another.

b. Fleeing Vehicles
 (1) In the event that the motor vehicle did not stop despite the warning given,
inform Headquarters or adjacent units so that dragnet operations or police
defensive roadblocks can be set-up;
(2) Inform 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;
(3) State the reason(s) for flagging down the suspected motor vehicle;
(4) Give mobile car’s location and its direction before making actual intervention;
(5) When the vehicle of the suspect is cornered or stopped, instruct the driver and
other occupants in a clear and commanding voice to follow specifically what
you will require of them. Failure on their part to follow will be construed as a
hostile act on their part. Execute instructions on the use of reasonable force;
(6) Instruct the driver to turn off the ignition and toss the key to the ground, open
the door and step out of the vehicle, then instruct him to place his hands on top
of the vehicle, or to move towards you with his hands up;
(7) Instruct other occupants of the vehicle, if any, to come out one by one, and
follow what the driver has been instructed to do earlier;
(8) Arrest, handcuff and search the suspects and bring them to Headquarters for
proper disposition; and
(9) Before moving out, inform Headquarters about the situation, status and
disposition of the suspects and motor vehicle accosted.

11.9 High-Risk Stop and High-Risk Arrest

a. Initial Stage

Upon receipt of information involving movement of armed person or persons, either singly or in
group, including unauthorized movement of government troops, or in immediate response to a reported
commission of crime perpetrated by armed persons, the PNP shall immediately:

(1) Organize appropriate tactical security forces utilizing maximum fi repower and armor assets;
(2) Deploy the security forces to stopping zones in defensive position; and
(3) Seal off the area and establish strong roadblocks/ barricades.

b. Effecting a High Risk Stop

 When effecting high-risk stop, the police offi cer 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 arrest is inevitable.
(3) Ensure proper documentation of the process.
(4) Respect the rights of all the persons involved.

c. During Violent Stage

The PNP shall strictly adhere to the PNP Operational Procedures (POP), particularly on the use
of force (Rule 7).

11.10 Police Defensive Roadblock

Police Defensive Roadblock is a temporary installation or hastily built barricade set for halting
traffic to facilitate the apprehension/neutralization of an armed person/suspect onboard a motor vehicle.
(PNP Command Memorandum Circular No. 25-13 “Establishment of Police Defensive
Roadblocks”)

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 fl ash 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:
(a) On-going hot pursuit/police chase;
(b) Movement of suspected armed persons onboard a motor vehicle;
(c) Report of suspected armed men who have just committed a crime;
(d) Vehicle carrying escaped prisoner; or
(e) Armed motorcycle riding criminals.

b. Procedures in Establishing Roadblock:

 (1) Before the Roadblock:

(a) Organize appropriate/suffi cient police tactical security forces, utilizing maximum fi repower
and armor assets (if any), with the following team composition:

i. Team Leader (TL) - shall lead and take responsibility in the conduct of roadblock
preferably an offi cer with the rank of at least Police Inspector;

ii. Forward observer/spotter - PNP personnel who will point/profi le suspected vehicle subject
for roadblock;

iii. Spokesperson - TL or member who is solely in charge of communicating with the armed
suspects onboard a motor vehicle subject for roadblock;

iv. Sniper - to render the vehicle un-operational to avoid escape and provide fi repower
support to neutralize armed and hostile suspects during fi refight;

v. Investigation Sub-team - in charge of investigation and documentation of the roadblock;

vi. Search/Arresting Sub-Team - designated to conduct search, seizure and arrest;

vii. Security Sub-Team - tasked to provide security in the roadblock area and ensure
exclusion of other vehicles and civilians not subject of roadblock;

viii. Blocking/Pursuing Sub-Team - tasked to block/pursue fleeing suspects/vehicle;

ix. Medical Sub-Team – tasked to provide immediate medical assistance if necessary;

x. Additional tactical personnel/team may be employed depending on the size of the hostiles;
and

xi. Videographer – tasked to take videos of the entire roadblock operation.

(b) The Team Leader (TL) shall brief the elements/ members of the Police Roadblock and perform the
following:

i. Inform the next higher Headquarters of the make or type and plate number of the motor
vehicle to be accosted, including the number and, if possible, identity of the occupants;

ii. State the reason(s) for the planned intervention of the suspected motor vehicle;

iii. Give the exact location of the roadblock to include personnel involved, available
equipment and marked vehicles;

iv. Coordinate with the Chief of Police and friendly forces who has territorial jurisdiction
over the area; and
 v. Immediately contact adjacent units to inform them of the situation so that these units can
conduct dragnet operation, while the members of the blocking/pursuing team shall block or
pursue the fleeing suspects/ vehicle.

(b) Participating personnel in the roadblock must be in their prescribed uniform; and
(c) In a roadblock, since troop deployment is urgent and public safety is at risk, the participation
of civilian component and the presence of media in the roadblock shall not be allowed.

(2) During the Roadblock:

(a) Establish forward observers/spotters and rear checkpoint;

(b) Deploy security forces in a strategic and defensive position;
(c) Establish a strong roadblock on selected strategic areas;
(d) Deploy road spikes or tire defl ation system if available;
(e) Ensure that the whole intervention procedure is documented by the videographer;
(f) As much as possible, the area where the roadblock shall be established must be properly
lighted with noticeable signage bearing the name of the PNP Unit visibly displayed and
in asafe distance from a populated area to prevent collateral damage if a fi refi ght ensues;
(g) Police car lights must be turned on at all times during the operation;
(h) Identify yourself-rank, name, unit verbally and make known to the suspect/s that you are
after them through the use of a siren or megaphone;
(i) If the vehicle’s windows are heavily tinted and the occupants cannot be seen, instruct the
driver to open all windows to have a clear view of the interior of the vehicle;
(j) Instruct the driver to turn off the ignition (if this was not done when the vehicle stopped)
and order all the occupants to disembark, followed by their hands to be placed on top of
the vehicle;
(k) The other members of the team must be on guard for any eventuality while the vehicle is
being approached;
(l) Intervention procedures upon stop of subject vehicle: Exert utmost effort to persuade the
suspects to halt or stop their movement;

i. Start with the procedural conduct of regular warrantless arrest where arrest is
inevitable;

ii. Ensure proper documentation of the process; and

iii. Respect the rights of all the persons involved.

 (m) Procedures when suspects open fi re/engage the troops:

i. In the event that the occupants of the vehicle open fi re on the personnel manning the
roadblock, reasonable force to overcome the suspects’ aggression may be employed;

ii. Use only necessary force to neutralize suspects;

iii. Prevent panic fi ring;

iv. Prevent collateral damage; and

v. Account for the casualties.

(3) After the Roadblock:

(a) When suspect/s surrendered or are arrested:

i. Arrested persons must be apprised of their rights in reference to the Miranda Doctrine; and

ii. An After-Roadblock Operations Report must be submitted to their respective units or

organization for proper evaluation of the efficacy of the operation.

(b) When suspects engage with troops:

i. Account for the casualties and give immediate medical assistance to the wounded;

ii. Protect/preserve the crime scene/ engagement area; and

iii. Ensure proper documentation of the process.

(c) Fleeing Vehicles:

i. In the event that the motor vehicle did not stop and it evaded the roadblock despite the warning
given, inform Headquarters or adjacent units so that another roadblock can be set-up;

ii. Fleeing vehicles shall not be fi red upon except by a sniper but only to disable the vehicle;

iii. Inform 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;

iv. State the reason(s) for flagging down the suspected motor vehicle;
 v. Give mobile car’s location and its direction before making actual intervention; and

vi. Establish Hot Pursuit Operation.

RULE 32. HOSTAGE SITUATION/BARRICADED SITUATIONS

32.1 Procedure to be followed in a Hostage Situation

The following steps shall be undertaken:

a. A Critical Incident Management Committee shall be activated immediately; (PNP

Standard Operating Procedure No. ODO-2010-003 “Organization and
Procedures of Critical Incident Management Committee and Critical Incident
Management Task Group)
b. Incident scene shall be secured and isolated;
c. Identify and secure the stronghold;
d. As much as possible, ensure the control of communication lines, and cut-off all other
lines as well as electricity and water supply to allow for more bargaining;
e. Unauthorized persons shall not be allowed entry and exit to the incident scene;
f. Witnesses’ names, addresses, and other information shall be recorded;
g. Witnesses shall be directed to a safe location;
h. Evacuate all victims/injured persons immediately when the opportunity permits;
i. The arrest of the perpetrator shall be the last paramount concern; and
j. Conduct debriefing immediately after the conclusion of the incident.

32.2 Ground Commander/On-Scene Commander

There shall be only one Ground Commander/On-Scene Commander holding at least a senior rank
and/or one (1) with experience in hostage/crisis situation or relative training. Until such time that he offi
cially designates a spokesperson, he may issue appropriate press statements and continue to perform the
role of the spokesperson.

32.3 Negotiators/ Negotiation Team

 Negotiators shall be designated by the Ground Commander. No one shall be allowed to talk to the
hostagetaker without clearance from the negotiator or Ground Commander.

The Negotiation Team is directly under control and supervision of the On-Scene Commander.
Negotiation team structure will be as follows:

a. Negotiation Team Leader (NTL)/coordinator;

b. Primary Negotiator;
c. Secondary Negotiator;
d. Intelligence liason/recorder; and
e. Board Negotiator.

32.4 Assault Team

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

32.5 Support Personnel

An ambulance with medical crew and a fi re truck shall be detailed at the incident area.

32.6 Plans

The On-Scene Commander shall, upon the assessment of the situation, prepare necessary plans
to include but not limited to:

a. Emergency Response Plan - depends on the threat posed by the hostage-takers and need of the
Negotiation Team and On-Scene Commander.
b. Breakout Plan - possibility of breakout shall be considered immediately upon drawing up
negotiation strategy. This should be considered as one of the priority plans.
c. Delivery plan - in case the hostage-takers change plans in the middle of the execution.
d. Surrender plan- should be drawn up in a way that the hostages’ lives will not be jeopardized.
e. Hostage Reception/ Release - for security reasons, released hostages should be contained and
isolated.
f. Collection plan - safety of the police personnel involved is the priority consideration.

32.7 Coordination
 Proper coordination with all participating elements shall be done to consolidate efforts in solving
the crisis.

32.8 Safety of Hostage(s)

In negotiating for the release of a hostage, the safety of the hostage shall always be paramount.

32.9 Guidelines during Negotiations

a. Situation must be stabilized first and contained before the start of the negotiation;
b. All relevant tools and information that can strengthen a negotiator’s position and create a
favorable climate for a successful negotiation must be prepared e.g. facts relevant to the situation,
financial and non-financial terms, issues and concerns, etc;
c. Do not introduce outsiders (non-law enforcement officers) into the negotiation process, unless
their presence is extremely necessary in the solution of the crisis. If so introduced, they shall be
properly advised on the do’s and don’ts of hostage negotiations;
d. In case the negotiator breaks down or he/she finds himself/herself in a deadlock, it is
recommended to employ the service of a mediator.
e. Police officers without proper training shall not be allowed to participate in hostage negotiations.
f. Whatever the scale of an incident and the extent of resources deployed, it is essential that proper
liaison exist between Tactical/Assault Team, Technical Support Team and the Negotiation Team.

g. All activities on the scene, even the delivery of food to the stronghold, must have tactical
coordination with the NTL/Coordinator.

32.10 Negotiation through Mediator

a. The mediator will act as a referee, helping the negotiators resolve their differences.
b. The mediator must be well-versed about the issues in order to be able to eventually recommend
an effective solution.
c. The main object is to reconcile the object of the negotiator with that of the other party.