PRELIMINARY EXAM

Question 1

WHAT ARE THE (3) NATURE OF POLICE OFFICE?

Answer 1

1. Public Servant
2. National In Scope
3. Civilian in Character

Question 2

FUNCTION OF A POLICE OFFICER IN OPERATIONS (7)

Answer 2

1. Public Safety Operation
2. Law Enforcement Operation
3. Internal Security Operation
4. Special Police Operation
5. Intelligence Operation
6. Investigation Operation
7. Scene of the Crime Operation (SOCO)

Question 3

WHAT IS RULE 113 SECTION 1 OF THE REVISED RULES OF CRIMINAL?

Answer 3

Answer: ARREST

Definition - Is the taking of a Person into Custody in order that he may be bound to answer for the commission on an offense.

Question 4

WHAT IS RULE 113 SECTION 5 OF THE REVISED RULES OF CRIMINAL?

Answer 4

Answer: ARREST WITHOUT WARRANT; WHEN LAWFUL.

Definition: 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; and

(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 is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.

In cases falling under paragraph (a) and (b) above, the person arrested without a warrant shall be forthwith delivered to the nearest police station or jail and shall be proceeded against in accordance with section 7 of Rule 112. (5a)

Question 5

WHAT ARE THE THREE SITUATIONS UNDER RULE 113 SECTION 5 OF THE RULES OF COURT WHEN AN ARREST WITHOUT A WARRANT IS LAWFUL?

Answer 5

(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; and

(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 is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.

Question 6

(3) BASIC REQUIREMENTS OF POLICE OPERATIONS

Answer 6

1. With a marked police vehicle
2. Led by a Police Commissioned Officer (PCO)
3. With personnel in prescribed police uniform or attire

Question 7

ARREST MEANING?

Answer 7

DEFINITION- is the taking of a person into custody in order that he may be bound to answer for the commission of an offense.

Question 8

BASIC EQUIPMENT NEEDED AT A PNP CHECK POINT (6)

Answer 8

1. Marked patrol vehicle
2. Megaphone
3. Firearms with basic load of ammunition
4. Flashlights
5. Handheld and vehicle base radios
6. Signage

Question 9

(2) MODES OF ARREST

Answer 9

1. ARREST BY VIRTUE OF A WARRANT
   - A mode of arrest usually executed by law enforcers upon the written order of the judge.
2. WARRANTLESS ARREST
   - This also known as citizen’s arrest. This can be executed by either law officers or private persons.

Question 10

GIVE A EXAMPLE OF NON-LAW ENFORCEMENT ACTIVITIES THAT THE PNP IS TASKED WITH AS A PUBLIC SERVANT?

Answer 10

• Civic duties during disasters and calamities
• Guiding motorists in the absence of traffic enforcers
• Pacifying domestic quarrels without apprehension
• Performing or spearheading activities to win the trust and confidence of the people

Question 11

THE PHILIPPINE NATIONAL POLICE AS AN AGENCY IS OPERATED BY THE NATIONAL GOVERNMENT. ITS JURISDICTION COVERS THE ENTIRE BREADTH OF THEPHILIPPINE ARCHIPELAGO ALL UNIFORMED AND NON-UNIFORMED PERSONNEL OF THE PNP ARE NATIONAL GOVERNMENT EMPLOYEES.

Answer 11

NATIONAL IN SCOPE

Question 12

PNP AS AN ORGANIZATION IS NOT A PART AT THE MILITARY ORGANIZATION,ALTHOUGH RETAINS SOME MILITARY ATTRIBUTES SUCH AS DISCIPLINE.

Answer 12

CIVILIAN IN CHARACTER

Question 13

WHAT IS THE PRIMARY RESPONSIBILITY OF EVERY POLICE OFFICER?

Answer 13

Answer: To serve the public and protect life and property

Addition: No police operation should serve or protect illegal activities of any person, group, or criminal syndicate

Question 14

HOW SHOULD PNP PERSONNEL TREAT SUSPECTS DURING POLICE OPERATIONS?

Answer 14

• Respect human rights
• Maintain the dignity of the person/s involved

Question 15

WHAT IS INCLUDED IN PUBLIC SAFETY OPERATIONS?

Answer 15

• Search, Rescue, and Retrieval Operations
• Fire Drills, Earthquake Drills
• Other operations promoting public safety

Question 16

WHAT ACTIVITIES FALL UNDER LAW ENFORCEMENT OPERATIONS?

Answer 16

• Service of Warrant of Arrest
• Implementation of Search Warrant
• Enforcement of Visitorial Powers
• Anti-illegal Drugs and Anti-illegal Gambling Operations
• Other operations enforcing laws, statutes, executive orders, and ordinances

Question 17

WHAT OPERATIONS ARE CONSIDERED INTERNAL SECURITY OPERATIONS?

Answer 17

• Counter-insurgency operations
• Counter-terrorist operations
• Other operations ensuring internal security

Question 18

WHAT IS INCLUDED IN SPECIAL POLICE OPERATIONS?

Answer 18

• CHECKPOINT OPERATION
• CIVIL DISTURBANCE MANAGEMENT
• POLICE ASSISTANCE IN ENFORCING DEMOLITION, EVICTION, INJUNCTION ORDERS
• HOSTAGE SITUATION HANDLING
• OPERATIONS REQUIRING SPECIALIZED POLICE TRAINING

Question 19

WHAT DOES INTELLIGENCE OPERATION INCLUDE?

Answer 19

• Surveillance operation
• Intelligence research and assessment
• Counterintelligence
• Operations gathering information related to security, public safety, and order.

Question 20

WHAT ACTIVITIES FALL UNDER INVESTIGATION OPERATION?

Answer 20

• Administrative investigation
• Investigation of crime or incidents
• Determining facts and circumstances for filing criminal or administrative cases

Question 21

What is involved in Scene of the Crime Operations (SOCO)?

Answer 21

• Processing crime scenes
• Technical and forensic examination of evidence
• Scientific or investigative assistance

Question 22

WHAT SHOULD TEAM LEADERS USE DURING POLICE INTERVENTION OPERATIONS TO WARN OR INFLUENCE SUSPECTS?

Answer 22

Answer: MEGAPHONES or similar instruments

Important: Police should not use warning shots during these operations.

Question 23

WHAT IS AN ARREST BY VIRTUE OF A WARRANT?

Answer 23

An arrest executed by order of a judge.

Question 24

WHAT IS A WARRANTLESS ARREST?

Answer 24

• Also known as a citizen’s arrest.
• Can be executed by either law officers or private persons.

Question 25

WHEN CAN AN ARREST BE MADE?

Answer 25

An arrest may be made on any day and at any time, day or night.

Question 26

EXECUTION OF THE WARRANT OF ARREST

Answer 26

Responsibility: Head of the office receiving the warrant. Timeframe: Execute within 10 days from receipt. Reporting: Officer must report to the issuing judge within 10 days.

Question 27

RULES FOR BODY-WORN CAMERAS IN ARRESTS (A.M. NO. 21-06-08-SC)

Answer 27

Device Requirement: At least one body-worn camera and one alternative recording device (minimum of 2 devices) during the arrest. Alternative Devices: File a motion before the court, if devices are unavailable. Activation: Video and audio must be activated upon arrival at the scene. Notification: Inform the person being arrested that the arrest is recorded. Addition: Warrantless Arrests Must be recorded in the same manner

Question 28

Effect of Failure to Use Body-Worn Camera

Answer 28

Arrest Status: Failure to use the camera does not make the arrest unlawful or the evidence inadmissible. Officer Liability: Officers who fail to use the camera without a justifiable reason or manipulate recordings are liable for contempt of court.

Question 29

PERSONS NOT SUBJECT TO ARREST/IMMUNITY

Answer 29

Answer: CONGRESSMEN AND SENATORS Immunity: Senators and members of the House of Representatives are privileged from arrest for offenses punishable by not more than 6 years imprisonment while Congress is in session.

Question 30

CAN A SENATOR OR A CONGRESSMAN BE ARRESTED IF HE COMMITS AN OFFENSE NOT PUNISHABLE FOR MORE THAN SIX YEARS BUT NO ATTENDING DURING SESSION?

Answer 30

Answer: NO in the case of people of the Philippines versus Jalosjos(2000) the court provides that as long as the Congress is in session whether the incumbent congressman is attending or is absent there in, he shall still immune from arrest (People of the Philippinesvs. Jalosjos, GR. Nos. 132875-76, 2000)

Question 31

MIRANDA RIGHTS

Answer 31

* The right to be informed of the cause and nature of accusation * The right to remain silent * The right to counsel

Question 32

IN FLAGRANTE DELICTO

Answer 32

When in the officer's presence, the person has committed, is committing, or is attempting to commit an offense.

Question 33

HOT PURSUIT

Answer 33

Definition: When an offense has been committed, and he has probable cause based on personal knowledge of facts or circumstances that the person has committed it. Key Point: "Immediacy" is measured between the time the offense was committed and the time the arrest was made. (24 Hours)

Question 34

ESCAPEE

Answer 34

When the person to be arrested is an escaped prisoner from a penal establishment or while being transferred.

Question 35

CUSTODIAL INVESTIGATION

Answer 35

Definition: Includes issuing an "invitation" to a person under investigation for an offense they are suspected of committing. Liability: The "inviting" officer remains liable for any violations of law related to the investigation.

Question 36

SEARCH AND SEIZURE

Answer 36

Definition: A procedure used by police or authorities to search a person's property and confiscate evidence relevant to a crime. Purpose: To find and secure evidence suspected to be connected to a crime.

Question 37

(2) MODES OF SEARCH

Answer 37

1. SEARCH BY VIRTUE OF A WARRANT Definition: Executed by law enforcers based on a written order from a judge. 2. WARRANTLESS SEARCH Definition: Conducted by police officers without a warrant.

Question 38

VALIDITY OF SEARCH WARRANT

Answer 38

Answer: VALID FOR 10 DAYS from the date of issuance. Post-Expiration: The issuing judge must check if a return has been made. If No Return: The judge will summon the person to whom the warrant was issued to explain the lack of return.

Question 39

TIME OF MAKING SEARCH (SEC. 9, RULE 126 & PNP HANDBOOK)

Answer 39

Daytime Service: Warrant must direct that it be served during the day. Exceptions: If the affidavit asserts that the property is in the place to be searched, the warrant may allow service at any time of the day or night. Reference: Also stated in Rule 14.3 of the Philippine National Police Handbook (2013).

Question 40

RULES ON BODY-WORN CAMERAS IN SEARCHES (A.M. NO. 21-06-08-SC)

Answer 40

1. Device Requirement: At least one body-worn camera and one alternative recording device (minimum of 2 devices) during the search. 2. Alternative Devices: File a motion before the court if devices are unavailable. 3. Activation: Video and audio must be activated upon arrival at the scene. 4. Notification: Inform the person/occupants to be searched that the search is recorded.

Question 41

What are the requirements for using body-worn cameras during the execution of a search warrant?

Answer 41

* At least one body-worn camera and one alternative recording device are required, a minimum of two devices. * If unavailable, the officer can file a motion in court to use alternative devices. * Officers must notify the person/occupants that the search is being recorded. * Video and audio recording must be activated upon arrival at the scene.

Question 42

What are the requirements for issuing a property receipt during a search and seizure?

Answer 42

* The officer seizing property under the warrant must give a detailed receipt to the lawful occupant of the premises. * If the lawful occupant is absent, the officer must leave a receipt in the presence of at least two witnesses. * Witnesses must be of sufficient age and discretion and reside in the same locality.