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The document outlines the role and procedures of the Philippine National Police (PNP) in providing assistance for demolition, ejectment, and eviction orders. The PNP's role is limited to maintaining peace and order, protecting life and property, and enforcing laws and legal orders. PNP personnel must be in uniform and avoid using unnecessary force. They are not to participate in physical dismantling but can use reasonable force if needed to control civil disturbances.
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0% found this document useful (0 votes)
114 views

Lea Group4

The document outlines the role and procedures of the Philippine National Police (PNP) in providing assistance for demolition, ejectment, and eviction orders. The PNP's role is limited to maintaining peace and order, protecting life and property, and enforcing laws and legal orders. PNP personnel must be in uniform and avoid using unnecessary force. They are not to participate in physical dismantling but can use reasonable force if needed to control civil disturbances.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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DEMOLITION AND EJECTMENT

ORDERS
ROLE OF THE PNP IN THE ENFORCEMENT OF A DEMOLITION
AND/OR EJECTMENT ORDERS

1.The conduct of pre-demolition conference in cases where the


affected families are informal settlers shall be mandatory.

2.The duties of PNP personnel in any demolition or ejectment


activity shall be limited to the maintenance of peace and order,
protection of life and property and enforcement of laws and legal
orders.
3. PNP personnel task to provide police assistance
shall be in prescribed uniform during the actual
demolition. They shall be limited only to occupying
the first line of law enforcement and civil disturbance
control; shall not participate in the physical
dismantling of any structure subject of demolition and
shall use only necessary and reasonable force.
PROCEDURES IN THE ENFORCEMENT OF A
DEMOLITION AND / OR EJECTMENT ORDER
1.PNP personnel should be informed of the prevailing situation,
their task, and strict observance of Human Rights

2.As much as practicable, the Chief of Police shall lead the PNP
contingent detailed to assist the Sheriff or equivalent officer
during the demolition/ejectment activity.

3. All PNP personnel involved shall desist from the use of any
unnecessary force or any act that may harm, harass, or terrorize
the affected parties
4.The mode of participation shall be limited to the
maintenance of peace and order during the entire
demolition/ejectment activity, ensuring the protection of all
parties from harm and injury.

5.Tear gas, water cannon and reasonable force shall be used


only when all other peaceful and non-violent means have
been exhausted.
Police Assistance in the Implementation of Final
Decisions or Orders of the Courts in Civil Cases,
of Quasi-Judicial Bodies and of Administrative
Bodies on Controversies within their Jurisdiction
The request for police assistance shall be submitted to the
office of the Chief, PNP in case the final decision or order to be
implemented is rendered by the Supreme Court, the Court of
appeals, the Court of Tax Appeals, the Sandiganbayan, quasi-
judicial bodies or administrative bodies. If the final decision or
order is rendered by the Regional Trial Court or the Municipal
Trial Court, the request shall be submitted to the office of the
Regional Director of the Police Regional Office (RD, PRO)
having territorial jurisdiction over the place of implementation.
The request for the police assistance of quasi-judicial or
administrative bodies shall be submitted to the Office of
the Chief, PNP regardless of the place where the police
assistance shall be rendered, but the same maybe
delegated to the Regional Director upon the discretion of
the Chief, PNP in accordance with Section 26, RA 6975.
Requirements for Police Assistance

1.The request for police assistance is based on an order of the


court,quasi-judicial or administrative bodies;

2.The written request for police assistance shall be signed by the


sheriff or equivalent officer in quasi-judicial or administrative
bodies;

3.The request is filed at least five (5) working days prior to the
actual implementation; and
4.The original document of the final
decision/order/resolution must be presented. In the
absence of the same, a copy duly authentic by the
Clerk of the Court or other authorized
representative of the court, quasi-judicial or
administrative body will suffice.
Period to Render Police Assistance
If the request for police assistance satisfies all the requirements,
police assistance shall be rendered within three (3) working days
from receipt of the directive from the C,PNP or RD, PRO, unless a
specific period is written in the order or due to inherent
impossibility of rendering assistance, a longer period is required.
Office or Unit That May Be Tasked to Render Police
Assistance

The Chief, PNP, as may be recommended by the Director for Operations,


may task any operational support unit of the PNP or the PRO that has
jurisdiction in the area where the decision/order/resolution shall be implemented
to render police assistance. In case of request to the RD, PRO, the latter may
task the Public Safety Company/Battalion, Police Provincial Office (PPO), City
Police Office/Station (CPS) or Municipal Police Station )MPS) within his
jurisdiction to render police assistance. In case of direct filing or request to local
police units, the request shall be referred to the OCPNP or RD, PRO, as
appropriate. In the meantime, no police assistance shall be rendered until the C,
PNP or RD, PRO shall acted on the request.
Extent of Police Assistance
The head of office or unit tasked to render police assistance shall
have the discretion to employ sufficient number of PNO uniformed
personnel after taking into consideration the importance of the case, the
scope of the resistance to be encountered, if there is any, and the general
peace and order condition in the area. Unless a higher ranking Officer is
necessary and more PNP personnel shall be required, the police team
that will render police assistance shall be led by a Police Commissioned
Officer (PCO) with the rank of Police Senior Inspector. All the team
member shall be in prescribed uniform while rendering assistance.
Role of PNP
Personnel
Rendering Police
Assistance
PNP personnel shall observe maximum tolerance and respect for individual rights at all
times. Dialogue with those who may be affected by the implementation of the
decision/order/resolution is encouraged to prevent violence, and the assistance of local public
officials, when warranted, should be requested. However, the Sheriff or the equivalent officer of
quasi-judicial or administrative bodies shall have the final disposition whether to proceed with
the implementation of the decision/order/resolution or not. The use of reasonable force shall only
be resorted to the self-defense and defense of strangers. The role of the PNP shall be limited to
the maintenance of peace and order, crowd control, and the security of the Sheriff or equivalent
officer of quasi-judicial or administrative body. In no case shall PNP personnel participate in the
implementation of the decision/order/resolution by performing acts not herein mentioned, such
as, but not limited to, dismantling, hauling of personal property and other analogous acts.
Police Assistance in the Implementation of Final
Decisions or Orders or Resolutions of the COMELEC or
DILG or Local Government Unit Exercising Disciplinary
Powers in Administrative Cases of Elected Officials
Requirements for the Request for Police
Assistance

The police assistance shall only be granted upon


the written request of COMELEC or DILG,
accompanied with the original or authenticated copy
of the final decision or order or resolution to be
implemented.
Period to Render Police Assistance

If the request for police assistance satisfies all the


requirements and the clearance to render police assistance
is approved by the C, PNP the police assistance requested
shall be rendered within three (3) working days from
receipt of the directive from the C, PNP or for a longer
period when required by the circumstances.
Extent of Police Assistance
The Special Task Group Commander tasked to render police
assistance shall have the discretion to employ sufficient number of
PNP uniformed personnel after taking into consideration the scope of
the resistance to be encountered, if there is any, and the general peace
and order condition in the area. Unless a higher ranking Officer is
necessary and more PNP personnel are required, the police team that
will render police assistance should be led by a Police Commissioned
Officer (PCO) with the rank of Police Senior Inspector. All members
of the Special Task Group shall be in prescribed uniform when
rendering police assistance.
Role of PNP Personnel
Rendering Police Assistance
The role of the PNP when rendering police assistance shall be
limited to the maintenance of peace and order, crowd control, and
the security of the duly authorized officer of the COMELEC, DILG
or the Local Government Unit implementing the decision/
order/resolution. In no case shall PNP members participate in the
implementation of the decision/order/resolution which shall be
undertaken by the duly authorized officer of the COMELEC or
DILG or the Local Government Unit concerned. In performing their
role, the PNP personnel shall at all times observe maximum
tolerance and respect for human rights. The use of reasonable force
shall only be resorted to for self-defense and defense of strangers.
Moreover, the PNP personnel shall always exercise
utmost impartiality and neutrality in effecting its role. The
duly authorized officer of the COMELEC or DILG or the
Local Government Unit personally leading the
implementation of the said decision/order/resolution shall
have the final disposition whether to proceed or not with
the implementation of the decision/order/resolution.
POLICE ASSISTANCE IN THE IMPLEMENTATION
OF COMPREHENSIVE AGRARIAN REFORM
PROGRAM (CARP)
COVERAGE

a. Final Orders
a. Final Orders/Resolutions/Decisions Issued by DAR
b. Order of Installation or Certificate of Land Ownership Award (CLOA)
b. Preliminary Agrarian Activities
a. Land survey
b. Field Investigation
c. Ocular Inspection
d. Meeting between actual and potential Agrarian Reform Beneficiaries
e. Post Installation
f. Landholding tagging
g. Analogous cases
REQUIREMENTS IN THE GRANTING OF POLICE ASSIATANCE

1. Police assistance in the implementation of final orders, decisions,


resolutions or CLOAs issued DAR shall be rendered only upon a written
request submitted by the Agrarian Reform Officer or any authorized
Officer of DAR accompanied with the original or authenticated copy of
the final decision,order to CLOA to be implemented.
2.Police assistance during the conduct of preliminary
agrarian activities as provided in Rule 30.1b shall be
rendered only upon a written request submitted by the
Agrarian Reform Officer or any authorized Officer of
DAR, accompanied with the original or authenticated copy
of order issued for activity.
WHEN TO RENDER POLICE ASSISTANCE
Police assistance in the implementation of CARP
shall be provided only as requested by DAR. In no
case shall the PNP act on its own without the request
and/or representative from DAR to prevent extending
police assistance in cases where same is not necessary.
Extent of Police Assistance

The head of office or unit tasked to render police assistance shall have
the discretion to employ sufficient number of PNP uniformed personnel after
taking into consideration the scope of the resistance to be encountered, if
there is any, and the general peace and order condition in the area. Unless a
higher ranking Officer is necessary and more PNP personnel are required,
the police team that will render police assistance should be led by a Police
Commissioned Officer (PCO) with the rank of Police Captain. All members
of the team shall be in prescribed uniform when rendering police assistance.
Role of PNP Personnel Rendering Police Assistance

The PNP personnel shall observe maximum tolerance and respect for
individual rights at all times. The use of reasonable force shall only be resorted
to for self-defense and defense of strangers. Moreover, the PNP personnel shall
always exercise utmost impartiality and neutrality in effecting its role. The role
of the PNP when rendering police assistance shall be limited to the
maintenance of peace and order, crowd control, and the security of the duly
authorized officer of the DAR. In no case shall PNP members participate in the
implementation of the decision/order/resolution or in the conduct of any of the
preliminary agrarian activities, which shall be undertaken by the duly
authorized officer of the DAR.
The duly authorized officer of the DAR leading the
implementation of the decision/order/resolution/CLOA
or leading the conduct of the preliminary agrarian
activity shall have the final disposition whether to
proceed or not with the implementation of the
decision/order/resolution/CLOA or conduct of the
activity.
When Entry to the Property is
Refused by the Landowner
When the DAR personnel are refused admittance into the
property, the PNP personnel cannot encroach on the property
without an order from the DAR specifically for the purpose.
In the implementation of final orders or in the conduct of
preliminary agrarian activities, the authority to break into the
property or into a building shall be specifically provided in
the order or resolution or in the request for police assistance.
The authority to break out to liberate themselves shall also e
specifically provided.
Police Assistance in the
Implementation of Decisions/Orders
of the Court, Quasi Judicial or
Administrative Bodies that are
Immediately Executory
This rules sets forth the procedure in the granting of police assistance
in the implementation of decisions/orders that are immediately executory
like, but not limited to the following:

1. Temporary Restraining Order


2. Writ of Preliminary Injunction
3. Replevin
4. Writ of Preliminary Attachment
5. Receivership
6. Provisional Remedies under the Human Security Act
7. Temporary Protection Order under the Anti-Violence Against Women
and their Children Act
8. Protection Order under the Anti-Child Pornography Act
9. Analogous cases
Where to File
Decisions/Orders issued by the court, quasi-judicial or
administrative bodies that are immediately executory shall be
submitted to the Regional Director (RD) of the Police Regional
Office (PRO) having jurisdiction of the place where the
decision/order shall be implemented. Given the urgency of the
matter, the RD, PRO shall be approving authority. The request for
the police assistance, however, shall only be enacted, upon the
submission of the written request of the Sheriff or equivalent officer
in quasi-judicial or administrative bodies, accompanied by the
original or authenticated copy of the decision/order/writ sought to be
implemented.
Role of PNP Personnel Rendering Police Assistance

PNP personnel shall observe maximum tolerance and respect for


individual rights at all times. Dialogue with those who may be affected
by the implementation of the decision/order/resolution is encouraged to
prevent violence, and the assistance of local public officials, when
warranted, should be requested. However, the Sheriff or the equivalent
officer of quasi-judicial or administrative bodies shall have the final
disposition whether to proceed with the implementation of the
decision/order/resolution or not. The use of reasonable force shall only
be resorted to for self-defense and defense of strangers.
Hostage Situation/Barricaded
Situation
Procedure to be Followed in a Hostage Situation
1.A Critical Incident Management Committee shall be activated
immediately;

2.Incident scene shall be secured and isolated;

3.Identify and secure the stronghold;

4.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;

5.Unauthorized persons shall not be allowed entry and exit to the


incident scene;
6.Witnesses’ names, addresses, and other information shall be
recorded;

7.Witnesses shall be directed to a safe location;

8.Evacuate all victims/injured persons immediately when the


opportunity permits;

9.The arrest of the perpetrator shall be last paramount concern;


and

10.Conduct debriefing immediately after the conclusion of the


incident.
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 officially
designated a spokesperson, he may issue appropriate
press statements and continue to perform the role of the
spokesperson.
Negotiators/Negotiation Team

Negotiators shall be designated by the Ground


Commander. No one shall be allowed to talk to the hostage
taker 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:
1.Negotiation Team Leader (NTL)/coordinator;

2.Primary Negotiator;

3.Secondary Negotiator;

4.Intelligence liaison/recorder; and

5.Board Negotiator.
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.

Support Personnel
An ambulance with medical crew and a fire
truck shall be detailed at the incident area.
Plans
1.Emergency Response Plan - depends on the threat posed by the
hostage-takers and need of the Negotiation Team and On-Scene
Commander.

2.Breakout Plan - possibility of breakout shall be considered


immediately upon drawing up 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 - should be drawn up in a way that the
hostages’ should be contained and isolated.

5.Hostage Reception/ Release - for security reasons,


released hostages should be contained and isolated.

6.Collection Plan - safety of the police personnel


involved is the priority consideration.
Coordination
Proper coordination with all participating
elements shall be done to consolidate efforts in
solving the crisis.

Safety of Hostage(s)
In negotiating for the release of a hostage, the
safety of the hostage shall always be paramount.
Guidelines During
Negotiations
1.Situation must be stabilized first and contained before the start of
the negotiation.

2.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 the concerns, etc.

3.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 negotiation.
4.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.

5.Police officers without proper training shall not be allowed to participate in


hostage negotiations.

6.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.

7.All activities on the scene, even the delivery of food to the stronghold, must
have tactical coordination with the NTL/Coordinator.
Negotiation through Mediator
1.The mediator will act as a referee, helping the negotiators
resolve their differences.

2.The mediator must be well-versed about the issues in order


to be able to eventually recommend an effective solution.

3.The main object is to reconcile the object of the negotiator


with that of the other party.
Investigation of Violence Against
Women and Their Children (VAWC)
and other Cases of Child Abuse
Investigation of Complaints and Reports Involving All Forms
of Violence against Women and Their Children
The PNP Women and Children Protection Desks (WCPD) in
coordination with the Local Social Welfare Development Office
(LSWDO), shall conduct a timely, thorough and comprehensive
investigation of all cases involving violence against women and
their children, committed within their respective area of
responsibility, consistent with domestic laws, rules and regulations,
and international human rights standards. They shall observe the
rules and procedures as provided in section 48 of the Implementing
Rules and Regulations of RA 9262 (Anti- Violence Against Women
and Their Children Act of 2004).
"Children" refers to those below eighteen (18) years
of age or older but are incapable of taking care of
themselves as defined under Republic Act No. 7610. As
used in this rule, it includes the biological children of
the victim woman and other children under her care.
1. Upon the receipt of complaint, the WCPD officer shall conduct
appropriate investigation which includes, but is not limited to, taking the
formal statement of the victim survivor and collecting other evidence
necessary for the filing of the case under the Act;

2. Immediately after taking the essential elements of information during


the course of investigation, the WCPD officer shall refer the victim-
survivor to the nearest PNP Crime Laboratory and/or hospital or any
medical facilities for appropriate medico-legal examination. It shall be the
WCPD officer's duty to ensure that as far as possible, the examining
physician must be of the same gender as the victim-survivor, especially in
sexual violence cases;
3. Except in the case of a child who is a victim-survivor of the Act, by
which other existing laws require immediate presence of the unoffending
parent or guardian and social worker, only persons expressly authorized
by the victim survivor shall be allowed by the WCPD officer inside a
room where police investigation as well as the medical/physical
examination are being conducted in private;

4. Ensure the confidentiality of identity of the victim survivor and all other
parties directly involved with the case under investigation. For this
purpose, the WCPD officer must maintain a separate blotter on crimes
committed under the Act. Under no circumstances shall any police officer
allow media access to information concerning VAWC reported to PNP;
5. After the conduct of police investigation, the WCPD
officer shall refer the victim-survivor to the social worker of
the LGU, any available DSWD shelters, NGOs and other
service providers for psycho-social intervention and other
rehabilitation programs;

6. The WCPD officer shall forward the investigation report,


together with the relevant evidence, including the formal
statements of witnesses and result of medico-legal
examination, to the prosecutor for filing of appropriate
criminal action under the Act;
7. If victim-survivor is found to have manifestations of the
Battered Woman Syndrome which is validated by past police
records and testimonies from witnesses in interest, the WCPD
officer shall inform the Punong Barangay, the local social worker,
or the concerned NGOs, local professional or civic groups in the
area for appropriate psychiatric and psychological evaluation
which may form part of the evidence to be presented in court;

8. Assist in the application and enforcement of the provisions of


the protection order as may be issued by the barangay or the
court;
9. Respond, with the assistance of other police personnel,
barangay officials, and other parties-in-interest, to a call for
emergency assistance to ensure immediate protection of the
victim-survivor by entering the dwelling if necessary,whether or
not a protection order has been issued;

10. In case where the perpetrator is armed or in possession of


deadly weapon in plain view, cause the confiscation thereof with
the assistance of other police personnel;
11. Effect the arrest of the perpetrator by virtue of a warrant
issued by the court pursuant to existing laws. In the event
that any crime under the Act has been committed, is being
committed or about to be committed, or that any police
officer has personal knowledge of the facts indicating the
commission of such time, it shall be his or her duty to arrest
the perpetrator even without the strength of a warrant,
provided the offender shall be processed in accordance with
Section 5, Rule 113 of the Rules of Court;
12. Except when the victim-survivor is deemed more
secure to stay in their place of residence, in which case the
perpetrator has been removed by virtue of protection order
issued by the barangay or the court, the WCPD officer or
any designated police officer shall provide assistance to
help facilitate the transfer of the victim survivor to a safe
place of her own choice, including the removal of some of
the victim survivor's personal belongings;
13. Monitor and follow up any case in violation of the
Act that has been filed in court. In this regard, the
WCPD officer must maintain a periodic assessment
report of all cases reported to the police in violation of
the Act; and

14. Participate in multi-disciplinary mechanisms to


help address the protection needs of the victim-
survivor of VAWC.
Investigation of Complaints and Reports Involving
Other Forms of Child Abuse

Police Officers, in coordination with the PNP Women


and Children Protection Desks (WCPD) and Local Social
Welfare Development Office (LSWDO), shall conduct an
investigation on all cases of child abuse committed within
their respective area of responsibility, consistent with
domestic laws, rules and regulations, and international
human rights.
1. Police officers shall, upon receipt of a complaint or report or
information that a child has been or is being abused, maltreated,
discriminated, exploited, neglected, or abandoned, or is under
imminent danger of being abused or exploited, shall take immediate
action thereon, but under no circumstance shall be beyond forty-eight
(48) hours;

2. Police officers shall immediately coordinate with the WCPD and


report the matter to the LSWDO. In situations where immediate rescue
operations are necessary, the police officers and WCPD in
coordination with the LSWDO and other stakeholders shall prepare
the corresponding rescue operations plan;
3. The police officers, together with the WCPD, LSWDO and other
stakeholders/authorities like the Barangay or Municipal or City
Health Officer, Barangay Officials in the place where the incident
occurred or is taking place, the Barangay Human Rights Action
Officer or any officer of the Commission on Human Rights (CHR) in
or near the area of operation shall, without delay, proceed to the place
where the child-victim is located and execute the rescue operations
plan;

4. Upon rescue of the child-victim, the law enforcers shall turn over
the child-victim to the LSWDO for protective custody;
5. The police officer, together with the LSWDO, shall ensure that
the child-victim shall be immediately taken to the nearest
government medical center or hospital or clinic for physical and
psychological examination, treatment and/or confinement;

6. The police officer, in coordination with the LSWDO, shall


gather the necessary/relevant and material data and evidence to
support the filing of appropriate charges before the Prosecutor's
Office and trial of the child-abuse case/s before the court;
7. The police officer shall ensure that the child-victim shall not be
subjected or exposed to multi-victimization in the course of
investigation. Hence, the police officer shall see to it that the
interviews and statements of the victim shall be recorded and/or
video-taped; and

8. Investigation of child abuse cases shall be assigned preferably to


members of the Women and Children Protection Desk (WCPD) or
in their absence, the police officer of the same gender who has
appropriate training on child rights, and investigation and handling
of child abuse cases.
Right to Privacy of the Child and Confidentiality of
Records
The police officer shall at all times respect the right to
privacy of the child and shall observe confidentiality of
information and records pertaining to child rights cases he
investigated or is investigating, from the beginning of the
investigation and/or initial custody of the child-victim and at all
times thereafter, except when the release of any information about
the child's case is pursuant to an Order issued by a competent
court.
Procedure in the Rescue of
Minors
A.Planning
All police operations regarding rescue of minors who
are victims or subject of physical, sexual, psychological
abuse, exploitation, discrimination, negligence, and other
forms of abuse, shall be properly planned, in coordination
with the stakeholders concerned. The plan shall be drawn
and discussed in a pre-conference with national and/or
local authorities such as:
The Department of Social Work and Development (DSWD) or
the LSWDO, female Police Investigator, preferably from the
WCPD or one trained in the handling of investigation of child
rights cases, the local police units, police photographer,Public
Attorneys’ Office (PAO), barangay officials, City and Municipal
Licensing and Permit Division, the Department of Health or the
City or Municipal Health Office, Barangay Human Rights
Action Officer of the CHR, and/or the DOLE. For this purpose,
the PNP shall activate a Rescue Team to be headed by the
officer/s of the WCPD, in coordination with concerned national
and/or local authorities mentioned above.
B. Rescue operations
1. All police officers participating in the rescue operations shall be
in prescribed uniform. Should circumstances require that certain
police officer/s be in civilian clothes during the actual operations,
he must have the official identification card which he must show
when required.

2. Upon arrival at the operation scene, the police officers shall


properly introduce themselves and inform the people in the area
where the child-victim is located as to the purpose of their
operation.
3. Police officer shall not use force unless necessary under
the circumstances. In circumstances where reasonable force
is allowed, the police officers/rescue team shall ensure and/or
avoid collateral damage or hitting innocent civilians within
the vicinity of operations.

4. The child-victim shall be handled preferably by a police


officer of the same gender as the victim, who has appropriate
training on child rights, and in the investigation and handling
of child-abuse cases.
Procedure to be observed in the
Handling of Children in Conflict
with the Law (CICL)
From the moment a child is taken into custody, the law enforcement
officer shall:

1. Properly identify himself as police officer and


present the proper identification to the child;

2. Explain to the child, in simple language and in the


dialect that he can understand, the reason why he is
being taken into custody and the offense he allegedly
committed;
3. Refrain from using vulgar or profane words and
from sexually harassing or abusing, or making sexual
advances to the child in conflict with the law;

4. Avoid displaying or using any firearm, weapon,


handcuffs or instruments of force or restraint, unless
absolutely necessary and only after all other methods
of control have been exhausted and have failed;
5. Refrain from subjecting the child in conflict with
the law to greater restraint than is necessary for his
apprehension;

6. Avoid the use of unnecessary force;

7. Search on a child in conflict with the law shall only


be done by a police officer of the same gender as the
child;

8. Determine the age of the child;


9. Take the child immediately to the proper medical and health
officer for a thorough physical and mental examination. The
examination results shall be kept confidential, unless otherwise
ordered by the Family Court. Whenever medical treatment is
required, steps shall be immediately undertaken to provide the
same;

10. Turn over custody of the child to the LSWDO or other


accredited NGOs immediately but not later than eight (8) hours
after apprehension and notify the child's parents/ guardians and
the PAO of the child's apprehension;
11. When the child is fifteen (15) years or below, he shall be immediately
released to his parents or guardian or nearest relative. However, if the child
is above twelve (12) years of age up to fifteen (15) years of age and commits
serious crimes such as parricide, murder, infanticide, kidnapping and serious
illegal detention where the victim is killed or raped, robbery with or rape,
destructive arson, rape, or carnapping where the driver or occupant is killed
or raped or offenses under RA 9165 (Comprehensive Dangerous Drugs Act
of 2002) punishable by more than twelve (12) years of imprisonment, shall
be deemed a neglected child under PD 603, as amended, and shall be
mandatorily placed in a special facility within the youth care facility or
"Bahay Pag-asa" called the Intensive Juvenile Intervention and Support
Center (IJISC). (Sec 20-A of RA 10630)
12. A child who violated local ordinances concerning juvenile status
offenses shall be considered as "child at risk" and not as "child in
conflict with the law". Hence, no penalty shall be imposed on them for
said violations, and they shall be instead brought to their residence or to
any barangay official at the barangay hall to be released to the custody
of their parents and appropriate intervention program will be provided.
(Sec 20-A of RA 10630)

13. Ensure that should detention of the child in conflict with the law be
necessary, the child shall be secured in quarters separate from that of the
opposite sex and adult offenders. The child shall not be locked up in a
detention cell;
14. Take the statement of the child in the presence of:
a. The child's counsel of choice or in the absence thereof, a lawyer from
the PAO;
b. The child's parents, guardian, or nearest relative, and c. LSWDO;

15. In the absence of the child's parents, guardian, or nearest relative,


and the LSWDO, the investigation shall be conducted in the presence
of an NGO, religious group, or member of the Barangay Council for
the Protection of Children (BCPC).
16. Ensure that all statements signed by the child during investigation
shall be witnessed by the child's parents or guardian, social worker, or
legal counsel in attendance who shall affix his signature to the said
statement;

17.Record the following in the initial investigation:


a. Whether handcuffs or other instruments of restraint were used, and if
so, the reason for such;
b. That the parents or guardians of a child, the DSWD, and the PAO
have been duly informed of the apprehension and the details thereof;
and
c. The exhaustion of measures to determine the age of a child and the
precise details of the physical and medical examination or the failure to
submit a child to such examination.
Guidelines
The police officer shall at all times ensure respect
for the rights of the child in conflict with the law as
provided in the Philippine Constitution, domestic
laws, the Convention on the Rights of the Child and
other related international human rights instruments.
Bomb, Bomb Threat and Bomb
Incident Emergency Response
Procedures
Bomb
A bomb is a container filled with explosive,
incendiary material, smoke, gas, or other destructive
substance, designed to explode. It can appear obvious or
concealed and can vary in size, shape or sophistication
and may not necessarily explode such as in the case of
incendiary and dirty bombs. It may be referred to as
Improvised Explosives Device (IED) or ordnance.
Bomb Threat
Bomb threat is either a written or verbal threat
communicated through electronic, oral or other means
that threatens to place or use an IED at a certain time,
date, or place against any specific person or place. The
First Responder (FR), the police investigator, and the
police detective must remember the following basic
facts on bomb threat:
1. A threat is considered only a threat until something visible is
found;

2. Determined bombers do not frequently give warnings of a


possible explosion/incendiary attack;

3. Threats are an excellent way to disrupt productivity without


actually risking life, limb and/or property; and

4. The consequences of conviction for "threatening" are not


necessarily as serious as those that could result from actual
placement/initiation of a bomb.
First Responder's Procedure
on Bomb Threat
The following are the guidelines for FRS
during a bomb threat:
A. Upon receipt of the information:
a. Treat all threats as serious until proven otherwise;
b. Determine the exact location of the establishment under
threat;
c. Assess or analyze the threat whether it is a long term or a
short term threat;
d. Consider evacuation options as follows:
1. Option 1-Do Nothing
2. Option 2 - Search with partial evacuation
3. Option 3 Search and evacuation
4. Option 4 - Evacuate immediately
e. Alert Explosives Ordnance Demolition Team
(EODT) for bomb search mission and emergency
readiness before going to the crime scene;

f. Proceed immediately to the scene; and

g. Notify Higher Headquarters of any development.


B. Upon arrival at the scene:
1. Confirm the reported bomb threat and notify EODT on the need
to conduct a bomb sweep;

2. Conduct or cause a search for suspicious device/s together with


persons familiar with the location, and Unless a bomb is found,
personnel may not order an evacuation of the affected area, but
may inform the person in-charge of the property of the need to
evacuate. The following procedures shall be followed during
evacuation:
a. Evacuation and assembly point routes must be searched to
ensure that personnel are not unnecessarily exposed to danger
during the evacuation;

b. Designate a "safe" assembly area, well away from the


threatened structure, out of line-of-sight of the building and well
clear of windows. A minimum distance of 150 meters is
recommended;

c. Never assemble personnel in front of or directly below


glassed areas;
d. Advise employees and visitors to take their personal
belongings to eliminate superfluous "suspicious objects"
and to reduce the number of items to be "checked out";

e. Select safe and climatically acceptable assembly areas


where evacuees may wait for a considerable period;

f. Avoid car parks as assembly areas and be mindful of


the car bomb potential;
g. Install procedures to ensure that escape routes are clear.
Evacuation routes and assembly areas must be searched
before evacuation;

h. Install procedures to ensure windows and doors are left


open and lights left on; and

i. Include a procedure for machinery shutdown. This can


include plant and equipment, electronics, computer
equipment, securing files and correspondence.
3. If a suspected device is discovered, cause the evacuation of
people in the affected area to a distance of at least 300 meters
away, and maintain security for the protection of life and
property:
a. Any discovered device shall be isolated;
b. Do not touch, tamper with or disarm any suspected bomb or
IED;
c. Report discovery of suspected device;
d. Do not permit radio transmission within the premises/ building;
e. Turn off all electricity and gas units within the premises/

f. Secure the area and prevent people from approaching;

g. Establish traffic control;

h. Summon ambulance and fire trucks to the scene;

i. Await the arrival of bomb disposal team; and

j. Notify Higher Headquarters of the situation.


First Responder's Procedure in
Case of Actual Bomb Explosion
Guidelines for FRS during cases of actual
bomb explosions:
a. Upon receipt of the report:
1) Identify exact location of the incident;

2) Alert EOD teams and direct them to proceed to the area;

3) Notify Higher Headquarters of the situation;

4) Request assistance of medical personnel; and

5) Proceed to the scene immediately.


b. Upon arrival at the scene:
1) Cause immediate evacuation of the injured;

2) Direct occupants of the establishment to evacuate;

3) Maintain order and control crowd;

4) Notify Higher Headquarters of the situation;

5) Seal off location until EOD Team determines if a secondary device


exists;

6) Conduct rescue operations at the scene when necessary;


7) Initiate immediate investigation if investigators have not yet
arrived and determine the following:
a) Time of detonation/explosion;
b) Time when the call for bomb threat was received; and
c) Type of device.

8.) Submit incident report immediately; and

9) Avoid issuing "speculative" press releases or statements.


Procedures in Determining and Reporting of
Terrorism Incidents/Cases
The Anti-Terrorism Council headed by the Executive
Secretary as Chairman was mandated by law to assume the
responsibility for the proper and effective implementation of the
anti-terrorism policy of the country. The Philippine National
Police, among other law enforcement agencies, serves as
support agency for the Council.
Procedures
a. The On-Scene Commander shall initially determine if there is a high
degree of probability that the incident is a terrorist attack. He also
establishes the On-Scene Command Post and initiates the convening of
the Critical Incident Management Task Group (CIMTG) and the
Critical Incident Management Committee (CIMC) regardless of the
nature of the attack.

b. In the event of a suspected terrorist attack, the PROS shall ensure the
management and containment of the incident and shall coordinate with
the Task Force (TF) Sanglahi-Alpha Commander during the
development of the case.
c. Bombing attacks and explosions perpetrated by the
terrorist, the Inter-Agency Protocol on Explosives and
Related Incidents investigation among the PNP, AFP, NBI
and PCG shall be strictly followed.

d. The Philippine Bomb Data Center (PBDC) will be the


fusion center for the reporting of ERIs. As such, PBDC will
be furnished with all Post-Blast Investigation (PBI) and
initial reports pertaining to ERI.
Cybercrime Incident Response
Procedure
Cybercrime Response is the actual police
intervention in a cybercrime incident where the
acquisition of matters of evidentiary value is
traceable within the computer's hardware, software,
and it's network.
Guidelines for Cybercrime
Incident First Responder
a. When responding to a cybercrime incident, or to a scene of the crime
where computers (or electronic device, digital media, and other similar
devices) are present, it is imperative for the First Responder (FR) to be
able to protect, seize, and search the same and to be able to recognize
potential evidence, using the following questions as guidelines to
determine its role in the commission of the crime:

1)Is it a contraband or fruit of a crime?


2) Is it a tool used for the commission of the crime?
3) Is it only incidental to the crime, i.e. being used to store evidence
of the crime?
4) Is it both instrumental to the crime and a storage device for
evidence?
b. After identifying the theories as to the role of the computer
in the commission of the crime, the following questions
essential to any further police intervention should be
considered by the first responder:
1) Is there probable cause to seize the hardware?
2) Is there probable cause to seize the software?
3) Is there probable cause to seize the data?
4) Where will the search and seizure be conducted?
c. Search of computers (or electronic device, digital media,
and other similar devices) and seizure of data therefrom
require a warrant issued by the court.

d. Appropriate collection techniques shall be used to preserve


the data sought to be seized.

e. The evidence seized shall be subjected to forensic


examination by trained personnel. The result of the forensic
examination, as well as the testimony of the forensic expert,
shall be made available during the trial.
Search and Seizure of Computer
Upon determination of how the computer was utilized
in the commission of the crime, and once the legal
requirements have been complied with, the following are
the guidelines for the conduct of search and seizure:
a. Secure the Scene
1) Officer's safety is always paramount.

2) Preserve the area for potential fingerprints.

3) Immediately restrict access to the computer.

4) Isolate from phone lines.


b. Secure the computer as evidence
1) If the computer is "OFF", do not turn it "ON".

2) If the computer is "ON", do not turn it "OFF", nor


touch its mouse or its keyboard.
c. For stand-alone connection or single area
connection computers (non-networked)
1) Consult a computer specialist.
2) If a specialist is not available:
a) Photograph screen and disconnect all power sources
and plugs including those at the back of the computer;
b) Place evidence tape over each drive slot;
c) Photograph (or make a diagram) and label parts located
at the back of the computer including its connections;
d) Label all connectors and cable end to allow reassembly as needed
(Example: "Socket" marked "A" and the "cable End" also marked "A");

e) If transport is required, pack the components as "fragile cargo" prior


to transport;

f) Keep it away from magnets, radio transmitters, and from other hostile
environment;

g) Ensure that only a computer forensic expert conducts the search for
any evidence contained in the computer hardware; and
h) Ensure that the computer hard disk is
duplicated by the forensic expert and the
original is kept by the evidence custodian
for future court presentation. Further
search and analysis shall be undertaken
using only the imaged disk
d. For Networked Computers (or
business computers)
1. Consult a Computer Specialist for assistance.

2. Do not immediately pull the plug to prevent:


a) Severe damage to the system;
b) Disrupting the legitimate business; and
c) Possible liability of the officers.
SEARCH AND SEIZURE OF
WIRELESS TELEPHONES
A. If the devices is "ON" do not turn
it "OFF"
1) Turning it "OFF" could activate lockout feature
2) Write down all information on display and if
possible,secure a photograph.
3) Power down prior to transport (Bring all power
supply cords found at the scene)
B.If the devices is "OFF" leave it
"OFF"
1).Turning it on could alter evidence in the device.
2).Upon seizure, take it to an expert as soon as
possible, or contact local service provider.
3.Exert an effort to locate any instructions manual
pertaining to the device.
THANK YOU
GROUP 4
Enriquez, Marjory
Ledesma, Vera Faith
Peñaverde, Francel
Sebuc, Cyrine

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