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A Manual Of Maritime Law : Free Download, Borrow, and Streaming : Internet Archive.PNP Manual On Maritime Law Enforcement (Published) | PDF
Commandant Instruction Manuals.Maritime law enforcement manual - United States. Coast Guard - Google Books
It contains material details concerning any event, communications, calls, movement of personnel and equipment and the like for legal and statistical purposes. This Coast Guard blotter is therefore an informational record book that may be utilized for evidentiary or referral purposes.
Blotter Book. What are recorded in the Coast Guard Blotter? All entries in the Coast Guard blotter shall be handwritten in a clear, concise and simple manner but answering as far as practicable the abovementioned criteria. The first blotter book must contain in the first page, an opening certification by the detachment or station commander to the effect that the said blotter book has been opened for the purpose of recording all events, communications, calls and actions made by said detachment or station and that the same shall remain open until the last page of said blotter book has been properly filled and closed before another blotter book will be used for the same purpose.
All succeeding blotter books must contain in their first page a reference number of the last entry in the closed blotter book including the page number and date of when said entry was made and shall continue in chronological order following the last reference number in the closed blotter book;.
No erasures shall be made on the entries. Corrections are made by drawing one horizontal line over such word or phrases and the actual entry initiated by the Coast Guard officer making the correction. Misrepresentations in the blotter or any attempt to suppress or delete any information therein are punishable criminally and administratively. Every page of the blotter shall be consecutively or chronologically filled up. No line or spaces be left blank between any two entries. Any development of cases to be reflected in the blotter should be a new entry at the time and day it was reported.
A reference to the previous entry number of the cases shall, however be made. Respondent: 1. Oliver D. Fatima 1, Dasmarinas City, Cavite. Witness: Mylene T. Pascual, of legal age, and a resident at Cut-cut Bridge, Pasay City. The suspects were brought to this office for investigation and filing of appropriate charges. PCG Unit Commanders shall be responsible for the proper maintenance, use, safekeeping and accounting of Coast Guard blotters.
Generally, all PCG operations arrest, raid, pursuit, boarding, search and seizure, checkpoint, etc. With personnel in uniform. All PCG officers and men shall, at all times, appear presentable, smart and well-groomed before the public.
All PCG uniformed personnel shall, aside from being in uniform in the conduct of maritime law enforcement and security operations whether on board a patrol vehicle or vessel or otherwise on foot patrol, be equipped with the following: 1.
Operations, is the performance of routine maritime and coastalbased security patrols. Such patrols are carried out by Coast Guard units not only to prevent commission of crimes at sea, but also to ensure continuing compliance with maritime laws, rules and regulations, as the safety and security of all the users of the sea and the coastal areas are the primary concern of the Philippine Coast Guard.
Concept of Operation. One such measure is the setting up and the conduct of regular coastal security patrols. The PCG patrol personnel are assigned to monitor specified geographic areas and they are to move through their areas at. Their duties would include responding to calls for service, making arrests, resolving disputes, taking crime reports and conducting other crime prevention measures. These Coast Guard patrol personnel, who are regularly in the field interacting with the people, are often closest to potential crime and may have developed contacts who can provide valuable intelligence information.
Respond to calls, entertain complaints, initiate the investigation and protection of the scene and minimize the after-effects of crimes, maritime incidents and other catastrophes whether man-made or natural;. Prevent maritime law violations and arrest sighted law violators, assuring the public that peace is preserved;.
Make a patrol plan with the following details: i. Inspect the members of the patrol on the completeness of the uniforms, availability of personnel, and operational readiness of personnel and equipment. Conduct briefing, prior to dispatch, on the priority of activities to be undertaken during the patrol as the situation demands; remind the patrol team of the strict observance of the PCG Maritime Security and Law Enforcement Manual.
Conduct debriefing after the patrol to assess its conduct and make necessary corrective measures on defects noted. All Coast Guard Districts shall establish or designate coastal security patrol lines in their respective areas of responsibilities AOR ;. All stations and detachments shall formulate their respective coastal security patrol guidelines in accordance with the directives from the Coast Guard Districts having jurisdiction over their areas, taking into consideration the peculiarities of their respective jurisdictions;.
Use tact and persuasiveness when conducting spot inquiry or questioning passengers or crew of the vessel for information. Let the individual remove and hand them to you. When checking suspicious persons and vessels especially during nighttime, be prepared to use your service firearm.
Flashlight should be held tightly away from the body to avoid making you a possible target. Develop contacts by getting to know as many people as possible who can give factual information about crime conditions in your coastal security patrol line. CG Patrol members must be always on the look-out for indications of illegal activities in their beat.
CG Patrol members must be knowledgeable of all conditions, events and details of places in their beat. Gather and note down in your patrol logbook all available data as to the nature of the calls, date, time and name of the caller. It may be regular, urgent or emergency in nature. Consider the pertinent factors like the time, weather, sea conditions and the possibility of greater risk or damage.
In case of injury either to civilians or any member of the patrol team, immediately attend to the injured unless the other members of the patrol are in immediate danger. When the suspects or criminals have fled the scene before your arrival, immediately relay the composition, armament, appearance, mode and direction of escape of the suspects to the detachment or station exercising jurisdiction over the area, or the CG Action Center CGAC , for the conduct of pursuit operations.
Onlookers must be promptly led to a safe distance. If the arrest is by virtue of a warrant of arrest, normally the suspect is already charged in court, hence no more inquest or preliminary investigation, but he still can ask for reinvestigation from the court.
There are three instances where a valid warrantless arrest can be made under the abovementioned section see page 20 on Arrest. Custodial Investigation Upon the arrest of a suspect caught in flagrante delicto in the act , the arresting officers shall conduct custodial investigation for the purpose of obtaining information concerning the innocence or guilt of the suspect, or to obtain a confession from the suspect.
During the whole process of the investigation the investigating officer is required to observe the constitutional rights of the suspect. If the suspect was arrested without a warrant of arrest, the investigating officer must be aware of the reglementary periods to file the complaint in order to avoid being charge of violating Art.
Inquest Proceedings In cases where a suspect was lawfully arrested without a warrant of arrest, the inquest prosecutor will conduct the inquest proceeding upon receipt of the complaint.
Inquest proceeding is just an inquiry to determine the regularity of the arrest of the suspect. Preliminary Investigation In case the suspect requests that a preliminary investigation be conducted instead of an inquest proceeding, he may do so by putting his request, with waiver of his right under Art.
In case the offense committed by the suspect does not require preliminary investigation, the public officer in charge of the enforcement of the law that was violated, i. Warrantless Arrest; Exception to the General Rule An agent of the law, peace officer or a private person may, without a warrant, arrest a person:. Vicente Seraspi, Jr. As planned, at. Fulgencio positioned himself under the house of a certain Arlie Regalado at C. Quimpo Street. Adjacent to the house of Regalado, about 2 meters away, was a chapel.
Thereafter, Pat. Fulgencio saw appellant enter the chapel, taking something which turned out later to be marijuana from the compartment of a cart found inside the chapel, and then return to the street where he handed the same to a buyer, Aldie Borromeo. After a while appellant went back to the chapel and again came out with marijuana which he gave to a group of persons. It was at this instance that Pat. Seraspi and reported the activity going on.
Seraspi instructed Pat. Fulgencio to continue monitoring developments. At about P. Fulgencio again called up Seraspi to report that a third buyer later identified as Ronnie Macabante, was transacting with appellant. Seraspi proceeded to the area and while the police officers were at the Youth Hostel at Maagma St.
Seraspi to intercept Macabante and appellant. Seraspi and his team caught up with Macabante at the crossing of Mabini and Maagma Sts. Upon seeing the police, Macabante threw something to the ground which turned out to be a tea bag of marijuana.
When confronted, Macabante readily admitted that he bought the same from appellant Edison Sucro in front of the chapel. The police team was able to overtake and arrest appellant at the corner of C. Quimpo and Veterans Sts. The police recovered 19 sticks and 4 teabags of marijuana from the cart inside the chapel and another teabag from Macabante. The specimens were all found positive of marijuana. ISSUE: Whether or not the arrest without warrant of the accused is lawful and consequently, whether or not the evidence resulting from such arrest is admissible.
HELD: Yes. Arrest in this case is lawful since an offense is committed in the presence or within the view of an officer. That searches and seizures must be supported by a valid warrant is not an absolute rule. Among the exceptions granted by law is a search incidental to a lawful arrest which provides that a person lawfully arrested may be searched for dangerous weapons or anything which may be used as proof of the commission of an offense, without a search warrant.
There is nothing unlawful about the arrest considering its compliance with the requirements of a warrantless arrest. Ergo, the fruits obtained from such lawful arrest are admissible in evidence. Said team proceeded to the area reported to at Progreso P.
Gomez, Bagong Barrio, Kalookan City at around in the morning of the same day. Gaviola then handed over the marked money and arrested Spencer, but who freed himself and ran. Having trapped Spencer inside the house, the police officers frisked him and recovered the marked money. The arresting officers then executed an affidavit on the incident and made a request for the National Bureau of Investigation to conduct examination of the drugs seized.
Five generally accepted exceptions to the right against warrantless searches and seizures have also been judicially formulated, viz: 1 search incidental to a lawful arrest, 2 search of moving vehicles, 3 seizure in plain view, 4 customs searches, and 5 waiver by the accused themselves of their right against unreasonable search and seizure. When Spencer wrenched himself free from the grasp of PO2 Gaviola, he instinctively ran towards the house of appellant. The members of the buybust team were justified in running after him and entering the house without a search warrant for they were hot in the heels of a fleeing criminal.
Once inside the house, the police officers cornered Spencer and recovered the buy-bust money from him. They also caught appellant in flagrante delicto repacking the marijuana bricks which were in full view on top of a table. When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense;. Here two elements must concur: 1 the person to be arrested must execute an overt act indicating that he has just committed, is actually committing, or is attempting to commit a crime; and 2 such overt act is done in the presence or within the view of the arresting officer.
Thus, when appellant was seen repacking the marijuana, the police officers were not only authorized but also dutybound to arrest him even without a warrant. Because the information came late, there was no more time to secure a search warrant. In the early morning of May 21, , Bolonia, Iligan and other police officers deployed themselves in different strategic points at the city wharf to intercept Encinada. At about a. The police officers saw Encinada walk briskly down the gangplank, carrying two small colored plastic baby chairs in his hand.
The police officers followed Encinada as he immediately boarded a tricycle at Borromeo Street, still holding the plastic chairs. As the tricycle slowly moved forward, Bolonia chased it and ordered the driver to stop after identifying himself as a police officer. When the vehicle stopped, Bolinia identified himself to Encinada and ordered him to alight from the tricycle. Bolonia asked Encinada to hand over the plastic chairs, to which the latter complied. Bolonia noticed that there were two small chairs, one green and the other blue, stacked together and tied with a piece of string.
Between the stack of chairs, there was a bulky package. Bolonia examined it closely and smelled the peculiar scent of marijuana. Encinada was brought to the central police station. Bolonia, in the presence of one Nonoy Lerio who is a member of the local media and a friend of Encinada, opened the package.
It was discovered that indeed, the contents consisted of dried leaves known as marijuana. Arrest in this case was unlawful. Encinada was not committing a crime in the presence of the law enforcers. Moreover, the lawmen did not have personal knowledge of facts indicating that the person to be arrested had committed an offense. The search cannot be said to be merely incidental to a lawful arrest. Raw intelligence information is not a sufficient ground for a warrantless arrest.
When Encinada disembarked from the ship and when he rode the motorela, he did not show any suspicious behavior.
No act or fact demonstrating a felonious enterprise could be ascribed to Encinada under such bare circumstances. Moreover, even if the information was received by Bolonia about p. Administrative Circular No. 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. One of them then chased the vehicle and specific details about the same were relayed to the proper authorities.
Upon coordination with different police units, the PNP were able to catch the vehicle. Upon apprehension, the accused rolled down the window and put his head out while raising both his hands. There was no one else with him inside the vehicle. The police officer then told the accused to alight the vehicle to which he complied. The accused was wearing a short leather jacket such that when he alighted with both his hands raised, a gun tucked on the left side of his waist was revealed, its butt protruding.
The police, however, insisted that if the gun really was covered by legal papers, it would have to be shown in the office. After disarming the accused, the police told him about the hit and run incident which he angrily denied. He pointed out to the accused the fact that the plate number of his vehicle was dangling and the railing and the hood were dented.
The police officer saw this and so when accused turned around as he was talking and proceeding to his vehicle, he confiscated the magazine from the accused. It had a long magazine filled with live bullets in a semi-automatic mode. He asked accused for the papers covering the rifle and accused answered angrily that they were at his home.
The police modified the arrest of accused by including as its ground illegal possession of firearms and then read to accused his constitutional rights. It was in fact the most prudent action the bystander could have taken rather than collaring accused by himself, inasmuch as policemen are unquestionably better trained and well-equipped in effecting an arrest of a suspect like herein accused who, in all probability, could have put up a degree of resistance which an untrained civilian may not be able to contain without endangering his own life.
Moreover, it is a reality that curbing lawlessness gains more success when law enforcers function in collaboration with private citizens. It is precisely through this cooperation, that the offense herein involved fortunately did not become an additional entry to the long list of unreported and unsolved crimes.
It is appropriate to state at this juncture that a suspect, like accused herein, cannot defeat the arrest which has been set in motion in a public place for want of a warrant as the police was confronted by an urgent need to render aid or take action. Moreover, when caught in flagrante. There was no supervening event or a considerable lapse of time between the hit and run and the actual apprehension. Verily then, the arresting police officers acted upon verified personal knowledge and not on unreliable hearsay information.
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. 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.
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 confinement and the like is prohibited. The arresting officer 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;.
An arresting officer making a lawful arrest may verbally summon as many persons as he deems necessary to assist him in effecting the arrest. An arresting officer in order to make an arrest, with or without warrant, may break into 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.
Whenever an arresting officer has entered the building or enclosure to make an arrest, he may break out there from, when necessary, to liberate himself. If the person arrested without a warrant waives his right under the provisions of Art. If the person arrested waives his right against self-incrimination and opts to give his statement, the arresting officer 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;.
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. The officer who executed the warrant of arrest shall, after the lapse of ten 10 days upon receipt of the warrant for implementation, make a return to the court who issued the warrant stating therein if the said warrant has been properly executed or in case of failure to execute, state the reasons therefor.
What are the charges that can be filed against persons resisting arrest? This is in line with the constitutional right of all persons against unreasonable searches and seizures. Requisites for Issuance of Search Warrant A search warrant shall be issued only upon probable cause in connection with one specific offense to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce.
The search warrant shall particularly describe the place to be searched and the things to be seized which may be anywhere in the Philippines. The following properties may be the objects of a search warrant: 1.
Objects including weapons, equipment, and other items used or intended to be used as the means of committing an offense;. Objects that are illegal per se, even if not particularly described in the search warrant, may be seized under the plain view doctrine. The application shall indicate the following data: 1. 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.
However, there are times when service during daytime is made impractical due to various reasons such as when the person is highly mobile and the property to be seized is oftentimes in the possession of the said person, then service of the search warrant at anytime of the day or night may be allowed by the court as long as it is properly asserted and prayed for in the affidavit of the officer during the application of the search warrant.
Authority Given to Law Enforcement Officers when Conducting Search In the conduct of search, if after giving notice of his purpose and authority, the PCG officer, 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.
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 sufficient age and discretion residing in the same locality. Lawful personal properties, papers, and other valuables not specifically indicated or particularly described in the search warrant shall not be taken. Validity of Search Warrant 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. 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.
If the object or purpose of the search warrant cannot be accomplished within the ten 10 day validity period, the responsible Coast Guard officer conducting the search. Property Seized The Coast Guard 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, in the presence of at least two 2 witnesses of sufficient age and discretion residing in the same locality, 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.
The receipt shall likewise include items seized under the Plain View Doctrine. The officers likewise who executed the search warrant is mandated to let the owner of the place where the search was conducted to sign a certification that the search was conducted in an orderly manner, in accordance with law and that no one was hurt nor any property seized without proper receipt.
Inventory and Delivery of Property to the Court The Coast Guard officer concerned must forthwith deliver the property seized to the judge who issued the warrant, together with an inventory and return of search warrant thereof duly verified under oath. Below are several instances where warrantless searches and seizures are deemed valid. Search made incidental to a valid arrest Persons lawfully arrested may be searched for dangerous weapons or anything which may be used or 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 one arrested to include the premises or surroundings under his immediate control. Superintendent Supt. SPO1 Futol prepared the preoperation report for the team. PO1 Manaol was designated poseur-buyer. PO1 Manaol, together with the confidential informant, then proceeded to the target site.
The other members of the team, including witness PO1 Bagay, acted as back-up and positioned themselves about twenty-five meters away from where PO1 Manaol and the confidential informant were. PO1 Manaol handed the two marked One Hundred Peso bills to appellant, who, in turn, handed one 1 plastic sachet containing white crystalline substance to him. The transaction having been consummated,.
When the other members of the team saw PO1 Manaol execute the pre-arranged signal, they immediately proceeded to their location and arrested appellant. PO1 Manaol recovered the suspected shabu subject of the sale from appellant and placed his initials JAM thereon. A follow-up frisk on appellant resulted in the confiscation of two other plastic sachets of white crystalline substance suspected to be shabu, from the right hand pocket of his shorts.
After his arrest, the police officers took appellant to the police station where he was turned over to the desk officer and to the on-duty investigator. HELD: On the legality of the warrantless arrest, the court reiterates that appellant was arrested during an entrapment operation where he was caught in flagrante delicto selling shabu. When an arrest is made during an entrapment operation, it is not required that a warrant be secured in line with the provisions of Rule , Section 5 a of the Revised Rules of Court allowing warrantless arrests, to wit:.
Section 5. Arrest without warrant; when lawful. A buy-bust operation is a form of entrapment which in recent years has been accepted as a valid and effective mode of apprehending drug pushers.
If carried out with due regard for constitutional and legal safeguards, a buy-bust operation, such as the one involving appellant, deserves judicial sanction. Consequently, the warrantless arrest and warrantless search and seizure conducted on the person of appellant were allowed under the circumstances. The search, incident to his lawful arrest, needed no warrant to sustain its validity. Thus, there is no doubt that the sachets of shabu recovered during the legitimate buy-bust operation, are admissible and were properly admitted in evidence against him.
Acting on said tip, Antipolo City Chief of Police Major Rene Quintana dispatched a team of policemen to the area to conduct surveillance. When the team arrived in Marville Subdivision, they saw the said Gemini car and immediately flagged it down. The driver of the car pulled to a stop and opened a window of said vehicle giving the policemen the opportunity to identify themselves as members of the Antipolo City Police Station.
PO1 Padlan inquired about the gun and appellant allegedly replied it did not belong to him nor could he produce any pertinent document relating to said firearm. This prompted PO3 Bueno to order appellant to get down from the car. Appellant was thereafter immediately brought to the police station. This is so considering that before a warrant could be obtained, the place, things and persons to be searched must be described to the satisfaction of the issuing judge — a requirement which borders on the impossible in the case of smuggling effected by the use of a moving vehicle that can transport contraband from one place to another with impunity.
In this case, we hold that the police had probable cause to effect the warrantless search of the Gemini car driven by appellant. A confidential informer tipped them off that said car was going to deliver shabu at Marville Subdivision. Pursuing said lead, the Antipolo City police sent a team to Marville Subdivision to monitor said vehicle.
The information provided by the informer turned out to be correct as, indeed, the Gemini car was spotted in the place where it was said to be bringing. These circumstances, taken together, are sufficient to establish probable cause for the warrantless search of the Gemini car and the eventual admission into evidence of the plastic packets against appellant.
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: a. The Coast Guard officer must have prior justification for an intrusion or, otherwise, must be in a position from which he can view a particular area;. It is immediately apparent to the Coast Guard officer that the item he observes may be evidence of a crime, contraband, or is a valid subject of seizure.
They were not armed with a search warrant on that day. They confiscated 20 pieces of lumber of different varieties lying around the vicinity of the house of petitioner. Maceda asked petitioner who the owner of the lumber was and petitioner replied that he owned the lumber. Petitioner stated that he would use the lumber to repair his house and to make furniture for sale.
Maceda also testified that the lumbers were freshly cut. Maceda loaded the lumber on the patrol jeep and brought them to the police station. The DENR entrusted to the police custody of the lumber. There is no question that the police officers went to the house of petitioner because of the information relayed by Sunit that petitioner had in his possession illegally cut lumber. The lumbers were in plain view. The law enforcement officer must lawfully make an initial intrusion or properly be in a position from which he can particularly view the area.
In the course of such lawful intrusion, he came inadvertently across a piece of evidence incriminating the accused. The object must be open to eye and hand and its discovery inadvertent. 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; and third, that said person had an actual intention to relinquish the right.
While at still some distance from the town proper, they saw Radel Montecillo exercising and jumping along the road of Sitio Magtakop, Ibabao, Sogod. Upon seeing the siblings, Radel followed them and asked if they were going to the market.
When they reached Sitio Suwangan of Ibabao, Radel suddenly grabbed Nida and proceeded to strangle her. While Nida was struggling on the ground against her attacker, Radel took her wristwatch and the money in her pocket in the sum of P1, Meanwhile, Alex Montecillo came out from behind a pile of firewood lying along the road and tried to help his brother, Radel, in subduing Nida. On the other hand, the youthful Maximo gallantly came to the aid of his elder sister by hitting Radel with the plastic container he was carrying.
Thereafter, a man with a piece of black cloth over his face and holding a handgun appeared from nowhere. Maximo was hit on the head and died as a consequence of his wound. After Maximo fell, the Montecillo brothers dragged Nida to a nearby creek. With Radel poking a knife on her neck, Alex pointed a gun at the helpless victim.
Despite the promptings of Radel, Alex did not shoot Nida after she promised to them that she would not tell the police. Before the two assailants left Nida, they threatened to kill her and her family if she would not keep her promise. Subsequently, Nida nevertheless reported the incident to the police of Sogod. The records show that during the investigation by the law enforcers of Sogod, Radel inculpated appellant in the perpetration of the composite crime. With this information, Station Commander Salustiano Comaingking of the Sogod Police Station, immediately organized a team to search the house of appellant for the instruments of the crime on a tip-off by Radel.
Comaingking, Bregente and several policemen arrived at the house of appellant at around A. After the policemen explained their purpose to appellant, he acceded to their request and offered to have his house searched by them. Appellant went with them around the house, bared his personal belongings and opened every drawer and cabinet for the policemen to see. While the search was going on, Pat. Gualberto Arnado talked to one of the children of appellant. HELD: It is an accepted dictum that when the accused himself waives his right against unreasonable searches and seizure, the exclusionary rule provided in the Bill of Rights of our Constitution finds no application.
When one voluntarily submits to a search or consents to have it made on his person or premises, he is precluded from later complaining thereof.
The right to be secure from unreasonable search may be waived either expressly or impliedly. Since appellant acquiesced to the search, the.
Furthermore, the testimony of Barangay Captain Bregente reinforces the presumption of regularity enjoyed by law enforcers with regard to the consented search, a presumption which appellant dismally failed to overcome. Searches Under Stop and Frisk Rule The Coast Guard 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. While PO1 Cruzin was not sure what the plastic sachet contained, he became suspicious when petitioner started acting strangely as he began to approach her.
He then introduced himself as a police officer to petitioner and inquired about the plastic sachet she was placing inside her cigarette case. Instead of replying, however, petitioner attempted to flee to her house nearby but was timely restrained by PO1 Cruzin who then requested her to take out the transparent plastic sachet from the cigarette case.
Aquilino E. Almanza, Chief of the Drug Enforcement Unit, prepared a memorandum dated December 10, addressed to the Chief Forensic Chemist of the NBI in Manila requesting for: 1 a laboratory examination of the substance contained in the plastic sachet to determine the presence of shabu, and 2 the conduct of a drug test on the person of petitioner.
Whether or not there was a valid search under the stop and frisk rule. It should therefore be emphasized that a search and seizure should precede the arrest for this principle to apply. Emergency and Exigent Circumstances A search warrant could be validly dispensed with in cases of exigent and emergency situation and the Coast Guard Officer has reasonable ground to believe that a crime was being committed, and they have no opportunity to apply for a search warrant from the courts because the latter were closed.
Lacdao, Sgt. Magallion, Sgt. Patricio Pacatang, and elements of the 16th Infantry Battalion under one Col. Matillano which is located at the right portion of the building. De Gracia was the only person then present inside the room. A uniform with the nametag of Col. Matillano was also found. No permit is required in cutting, harvesting, transporting and sale of firewood, pulpwood or timber produced from Ipil-Ipil.
Falcata, or other tree species planted in private lands or tax-declared alienable and disposable lands with a corresponding application for patent or acquired through court proceedings. Order No. Orders No. If immediately prior to loading of any forest product, the conveyance owner notifies the Community Environment and Natural Resources Officer CENRO concerned of the planned shipment, in which case, the CENRO shall issue instead a clearance for the transport of forest products.
Administrative Order No. The offender shall be subject to prosecution Par. The CTO shall be valid only for a period of fifteen 15 days including Saturdays, Sundays and Holidays from date of issuance of after loading in case of export, or in case of domestic transport, upon discharge at the point of destination, which ever serve first.
Exempted from Ban: Lumber products, wood manufacturers and other wood finished products including but not limited to wooden furniture and toys, packing cases and parquet floors, doors and other builder hardworks, picture frames, tool handles, decorative articles, wooden shoes, toothpicks, ctc. The vessel shall be likewise inventoried. The inventory shall be jointly undertaken by the inventory team and the Master of the vessel and witnessed by the Police Officer or civilian of respectable stature.
The cargo shall be signed by both parties and witnesses. The apprehended persons shall be investigated and documented by the Investigation and Documentation Team in the presence of their lawyer.
The following shall be prepared as evidences. Inventory of confiscated cargo 5. Inventory of vessel 6. Sworm Statement of Apprehended persons 7.
Waiver of Detention Pending execution if executed 8. Document j is also required although it can be submitted at a later date when the Bureau of Customs shall have made the appraisal. This shall be followed by a letter the Collector of Customs prepared by the Investigation and Documentation Team formally advising of the turned-over of the seized cargo, the custody of the vessel and further applying for the Warrant of Seizure and Detention of both cargo and craft, This letter shall have the attachments of the following: b.
The following documents shall be prepared as evidences: 1. Apprehension Report 2. Joint Affidavit of Arrest of at least two 2 personnel from the apprehending unit. Following documents shall be prepared: 1. The vessel shall be brought to the nearest port with PNP Maritime Group elements for investigation and documentation and eventual filing of appropriate charges in court. The following documents shall be prepared: 1. File appropriate charges in court as warranted.
In any case when lawless elements resort to taking hostages in exchange for whatever demands, there are basic rules to follow in order for the situation to remain under control.
It maybe accomplished through the use of force or persuasion. Between the two 2 methods to be employed in order to free the hostages, the use of persuasion shall at all times precede the use of force. The manner of employing either method depends largely on the situation at hand.
In many actual situations, the failure in operations result from loss of control. The over-eagerness of some civilian and military VIPs to participate in the operation is in most cases the primary cause of loss of control, It is therefore imperative that control of the entire operation does not change hand from the beginning until its successful conclusion. All resources committed to the operation must necessarily be placed under the absolute control of the officer or person in charge at the scene.
In some cases where resources originate from units or agencies under a more senior Commander than the officer or person in charge of operation, rank and seniority or such other administrative nuances in the organization must be subordinated to the mission in order to maintain absolute control. Established Communication — The first step in dealing with this type of situation is to established communication.
This is best accomplished by using a third party liaison mutually trusted by both sides. The second alternative is the use of telephone when available and the third means in the order of preference is hailer or megaphone and the last is wireless radio. The Third Party Liaison or Messenger — The use of liaison or messenger must be preferred over telephone, megaphone or wireless radio in establishing communication since human can see, hear, smell, calculate and evaluate situations in confined areas not otherwise visible to the officer in charge of operation.
Telephone — The use of telephone is the best substitute for third party liaison or messenger. Establish the Essential Elements of Information — All information necessary and useful must immediately be established.
Who —Identities of personalities must be ascertained; their conditions and their visible live physical existence proven. Where — Origins, sites and places relevant to the situation should also be established.
When - Time is one of the most essential elements in negotiation. Under any hostage condition, the Scene Commander must exploit the situation to convert the time element in his favor.
Patience is therefore required. How — Whenever possible, nothing of the methods or manners demanded by the enemy should be granted. This will deny him or them the feeling of achieving concession or psychological victory. Obtain the Demands — The core of this type of situation is the demand of the hostage taker.
Any demand made must be broken down into specifics. It must be bome in mind that the enemy has nothing to offer except the safety and freedom of the hostages. Any demand made must not therefore exceed what is offered in exchange. Before proceeding with negotiations of the demand, itis mandatory to remind the hostage taker of such fact and that any basis for action either in favor or against the demands is contingent only on the safety of the hostages.
Therefore, during the pendency of the final solution, the hostage taker must clearly understand and accept the responsibility for the safety and well-being of the hostages. This simple but inescapable acceptance of responsibility for the safety of the hostages places the hostage takers under tremendous pressure.
The hostage takers must also be made to clearly understand that their own lives hang solely on the safety of the hostages. Having obtained the demands and clearly defined the parameters, action can proceed. Operation Against Seajacking Maritime Rescue : Unlike hostage situation ashore, seajacking is unique in the sense that the ship itself isolates the incident from what otherwise are interferences to safe rescue operation.
As in the other hostage situation, the first phase of rescue is negotiation. Due care must therefore be exercised to accomplish the primary purpose of the rescue which is the safety of the hostages.
Lock the propellers to prevent its use. Use as board and rescue vessel the one having the same height of freeboard as the target ship for easy tactical boarding and rescue operation when condition requires. Prior to the boarding the use of stun and smoke grenades or similar pyrotechnics to screen the boarding troops from enemy sight should be used to maximum advantage.
Boarding and rescue should be concentrated on the spaces above the main deck. Access and openings leading to the lower decks should be secured until operations at the upper decks are completed. The lower decks shall be mopped up only when the upper decks are secured.
Identification of hostages and heir last known location on board should be determined prior to the tactical boarding. The Board and Rescue vessels shall maneuver to come alongside the target ship port or starboard whenever practicable while underway in such a manner as to allow simultaneous boarding of maritime rescue team.
Use smoke stun grenades at the deck of the target ship to cover the boarding rescue teams to obscure vision of the enemy, e. Target ships having a length of Jess than feet shall be divided into two 2 boarding zones forward and aft. Target ships of feet shall be divided into three 3 boarding zones forward, amidships and aft and target ships of or more feet shall be divided into four 4 boarding zones forward, forebeam aft and beam and stern.
Each boarding zone shall be covered by at least one board and rescue team except when the target ship design and configuration otherwise. Safety of rescue vessel from grounding shall precede other considerations. Adequate stationary and running fenders shall be ready for use to minimize damage from collision during the rescue maneuvers.
Operation Against Hostage Taking Ashore In every hostage taking situation, the first phase of rescue is negotiation. Rescue operation can only be undertaken when Phase I fails or when the host: are harmed or killed.
Upon receipt of the report that a hostage-taking incidents is in progress, the Operating Group shall immediately endeavor to isolate the building where the hostages are detained including its immediate premises. Appropriate physical barriers strategically guarded by its security personnel shall be set up to prevent the crowd and any other person from interfering with the operations.
Measures shall then be instituted to put up a communication link between the hostage-takers and the responding elements which shall be under the control of the latter.
This mat be done by removing radio or TV aerial and cutting telephone lines and to substitute in its place a field telephone. Who are responsible? What are the weapons and equipment available to the hostage-takers? The rooms at the ground floor shall be mopped up only when the upper floors are secured. Cardinal Rules to Observe During Hostage Situation : In any hostage situation more particularly in the maritime environment seajacking , there are Cardinal Rules to follow: 1.
Seajacking Taking Hostage Js a Crime — Nothing should be said or done to justify or glorify the crime. The perpetrators must be made to understand and accept their commission of such crime before obtaining any demand, In so doing, any grant of demand whether peripheral or primary should have concessionaire effect Safety and Freedom of the Hostages is the Objective — Nothing can be more primordial than the safety of hostages.
Not only are they actionable, it will also make the demand multiply. Hence, corresponding concession could be required in return. The presence of VIPs. It also concede to the enemy the favor of the element of time as they expect the VIP to wield the power to grant their demands. Only One is In-charge - Confusion is the single largest threat to the safety of the hostages in any situation of this nature.
When aggravated by loss of credibility arising from contradictions, the entire process suffers. The risk of contradictions becomes greater when there are more than one officer-in-charge in the scene of action. Maintain Credibility — Credibility breeds confidence. The safety of the hostages and progress of operation of this nature depend solidly on the ability of law enforcers to maintain their credibility.
The Scene Commander must not promise anything definite and final unless the demand fall within the purview of his authority. For an opening, to negotiate for the safety and release of the hostages, the Scene Commander should avoid squandering his options.
The first offer in exchange for the safety of the hostages should be the lives of the hostage takers themselves. Preponderance of Force — At all times, negotiating from the position of strength must be maintained. The Scene Commander should be given the necessary resource to accomplish his task.
He should employ the art of intimidation but leaving a narrow window for reason to prevail and negotiate a peaceful solution. Localize the Incident — At no time should hostage-taking seajacking Incidents be over-blown. All efforts must be made to localize the incident So as not to give the enemy any more negotiating strength than they already have.
Undue public exposure favors only the lives of the hostages puts undue pressure to the Scene Commander. It is therefore necessary that media be kept away from the scene of action. The best weapon to employ in this particular situation is patience. Hence, the ship must be immobilized as soon as possible.
The Board and Search is a PPB watercrafts operational evolution wherein certain suspicious ship or craft is boarded and searched to determine violation of maritime laws and regulations and violations of the Revised Penal Code and other special laws.
It shall be executed properly to ensure utmost security and safety to the personnel and patrol boats. From inside the book. What people are saying - Write a review. Selected pages Title Page. Table of Contents. Other editions - View all Maritime law enforcement manual United States. Coast Guard Full view - Common terms and phrases action activity additional agencies Appendix applicable appropriate arrest assist authority block Boarding Officer boat carrying catch Certificate Chapter Coast Guard Code commander Commanding Officer Commission complete conducted conservation Contains Convention copy criminal DATE designated determine directed district commander documentation duties enforcement action engaged Enter equipment evidence Federal fishery fishing force foreign vessel gear high seas identifying inspection involved issued jurisdiction law enforcement license Mammal Marine maritime master means ment Motorboat navigable necessary NOTE observed obtain offense operator owner party penalty permit person personnel port possible prevent procedures prohibited Protection questions reasonable Record regulations request responsibility safety seized situation species statement taken territorial tion Title trade treaties United violation warning waters weapons witness zone.
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