Human Rights-Based Intelligence Operations - Commission on ...

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<strong>Human</strong> <strong>Rights</strong>-<strong>Based</strong> <strong>Intelligence</strong> <strong>Operations</strong> Before making an arrest or search, personnel must know the following rules: (Chapter I, 1-6, AFPM 2-011, 2007) <strong>Intelligence</strong> personnel may arrest a person without a judicial warrant of arrest under any of the instances provided under Section 5, Rule 113 of the Revised Rules of the Court, as follows: In Flagrante Delicto In his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense. “The test of in flagrante delicto arrest is that the suspect was acting under circumstances reasonably tending to show that he has committed or is about to commit a crime. Evidence of guilt is not necessary. It is enough if there is probable cause.“ — Sen. Miriam Defensor Santiago during her speech at the PNP Headquarters, March 2006 Hot Pursuit Doctrine The offense has in fact just been committed and he has personal knowledge of the facts indicating that the person to be arrested has committed it. Escapee The person to be arrested is a prisoner who escaped from a penal establishment or place where he is serving judgment or temporarily confined while his case is pending or has escaped while being transferred from one confinement to another. The test of the ‘hot pursuit doctrine’ is probable cause which is defined by the Supreme Court as “an actual belief or reasonable grounds of suspicion”. It requires that the law enforcement unit holds direct knowledge of the crime or has personally witnessed the suspect right after the crime was committed. There is no need to witness the actual commission of the crime itself. Person/s arrested without warrant shall be immediately turned over to the appropriate Prosecutor’s Office for inquest proceedings to avoid any violations under RA 7438 and /or Art. 125 of the Revised Penal Code in consideration of key hours provided for by laws: 12 (light), 18 (correctional), 36 (afflictive), 72 (under <strong>Human</strong> Security Act), except when such person/s arrested execute/s a waiver . “If a warrantless arrest is made and eventually the court finds the arrested persons to be innocent and acquits them, are the arresting officers liable The answer is no.” — Sen. Miriam Defensor Santiago 29
Guidebook The recommended actions in effecting warrantless arrest are provided below: (Chapter I, 1-4, AFPM 2-011, 2007) Team leader provides identification to the target of arrest or any other person present -State name, rank, designation, unit and address of his unit -Formal introductions may be dispensed with when the person arrested: (1) is engaged in committing an offense, (2) is seen after committing an offense, (3) escaped or fled from the arresting officer, and the giving of information will imperil the arrest Inform the cause of the arrest and present the issued warrant -If the person to be arrested is on a moving vehicle, the arresting unit shall warn the passengers to park their vehicles and to surrender peacefully. Conduct body search -The arresting team may conduct a body search on the arrested person who may pose a threat to the arresting team or the public. Confiscated items must be documented and inventoried -The following may be confiscated from the arrested person: (1) objects used in the commission of the crime, (2) objects which are fruits of the crime, (3) objects which might be used by the arrested person to commit violence or to escape, (d) dangerous weapons and those which may be used as evidence in the case. Person arrested must be immediately turned over to the nearest PNP station for proper documentation -No unnecessary or excessive use of force shall be resorted to in making arrests and the persons arrested shall not be subjected to greater restraint than what is necessary. 30
Page 1 and 2: ARMED FORCES OF THE PHILIPPINES Cam
Page 3 and 4: A C K N O W L E D G M E N T The Pro
Page 5 and 6: Human Righ
Page 7 and 8: Republic of the Philippines Departm
Page 9 and 10: Office of the Deputy Chief of Staff
Page 11 and 12: Table of Contents Chapter 3 <strong
Page 13 and 14: AFPCARES Adherence to International
Page 15 and 16: 1.1 Bill of Rights
Page 17 and 18: 1.2 Universal Declaration of <stron
Page 19 and 20: Guidebook The Human</strong
Page 21 and 22: Guidebook The Philippine government
Page 23 and 24: Guidebook any kind, or to removal o
Page 25 and 26: Guidebook 2. Exercise utmost restra
Page 27 and 28: 2.1 Accountability in Human
Page 29 and 30: Guidebook 2. Take Custody of Erring
Page 31 and 32: Guidebook 5.The right to substantiv
Page 33 and 34: Procedures in Apprehending or Chall
Page 35 and 36: Guidebook 4. To determine the cause
Page 37 and 38: 3.1 Guiding Principles in I
Page 39: 3.2 Rules of Behavior in Support to
Page 43 and 44: Guidebook 4. He must be informed th
Page 45 and 46: Guidebook Human Se
Page 47 and 48: Guidebook Mental/Psychological Tort
Page 49 and 50: 3.5 Guidelines on the Use of Firear
Page 51 and 52: Guidebook 6. All appropriate steps
Page 53 and 54: PROJECT MANAGEMENT TEAM (PMT) MGEN

Human Rights-Based Intelligence Operations - Commission on ...

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