Quiz 2

• Bill of Rights


  Article III of the Philippine Constitution that establishes the relationship of the individual to the State and defines the rights of the individual by limiting the lawful powers of the State
• Bill of Rights


  The first 10 Amendments to the US Constitution that guarantees civil rights and liberties to the individual, like freedom of speech, press, and religion, and sets rules for due process of law
• The constitution


  Describes each of the roles and responsibilities of the arms of the government and citizens
• The Bill of Rights


  Describes the rights and freedom of the people
• The constitution


  Limits the power of the government
• The Bill of Rights


  Grants authority to the people
• RA 7438


  An Act defining certain rights of persons arrested, detained or under custodial investigation as well as the duties of the arresting, detaining and investigating officers, and providing penalties for violations thereof
• Warrantless arrest


  Also known as "citizen's arrest", lawful under 3 circumstances: 1) when the person has committed, is committing, or is attempting to commit an offense in the presence of the policeman, 2) when an offense has just been committed and the policeman has probable cause to believe the person has committed it, 3) when the person is a prisoner who has escaped
• Search warrant


  An order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for personal property described therein and bring it before the court
• Institution of criminal actions

  1. For offenses where a preliminary investigation is required, by filing the complaint with the proper officer

  2. For all other offenses, by filing the complaint or information directly with the court
• Complaint

  A sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer, or other public officer charged with the enforcement of the law violated
• Information


  An accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court
• The institution of the criminal action shall interrupt the running of the period of prescription of the offense charged unless otherwise provided in special laws
• Police officer


  • To serve the public and protect life and property
  • Shall respect the human rights and dignity of suspects during police operations
• Police uniform and attire


  • Shall always wear the agency prescribed uniform appropriate for the operation
  • Shall appear presentable, smart and well-groomed
  • Shall carry a police notebook, pen and Miranda Warning Card
  • Shall carry a non-lethal weapon
• Categories of police operations

  • Public safety
  • Law enforcement
  • Internal security
  • Special police
  • Intelligence
  • Investigation
  • Scene of the crime
• Pre-operational clearance


  No police operation shall be conducted without the approval of the Chief/Commander/Head of the concerned Police Unit/Office
• Inter-unit coordination


  1. Team Leader shall coordinate personally or through an official representative with the territorial Police Regional, Provincial or City Police Office

  2. Coordination should be made formally using the prescribed Coordination Form

  3. In urgent situations, notify the territorial police office through any practical/available means of communication
• Requirements of police operations

  • With a marked police vehicle
  • Led by a Police Commissioned Officer
  • With personnel in prescribed police uniform or attire
  • Use of megaphones or similar instruments to warn or influence the offender/suspect
  • No use of warning shots
• Use of force during police operations

  • Excessive use of force is prohibited
  • Police officer must first issue a verbal warning before using force, except when threat to life or property is imminent
  • Use of non-lethal weapon when suspect is violent or threatening
  • Application of only necessary and reasonable force to overcome resistance, subdue clear and imminent danger, or justify self-defense