PHILIPPINE
COAST GUARD
s.2011
MARITIME SECURITY AND LAW ENFORCEMENT MANUAL S.2011 JOINTLY PUBLISHED BY:
Maritime Security and Law Enforcement Manual s.2011 PART
I
T
INTRODUCTION
his manual was created to serve as a guide for PCG personnel in the performance of their duties as law enforcers in the maritime zone for the purpose of upgrading their
effectiveness and efficiency in carrying out such duties. Written in simple English language, this manual is conceived for day-to-day use of PCG personnel as reference to law enforcement activities to ensure speedy handling of maritime cases and infraction of maritime security rules and regulations.
T
his manual starts with the historical background of the PCG to include its mission and functions to establish the authority and
extent of its command. Part Two of this Manual pertains to the General Procedures which covers the basic procedures and guidelines regarding the Coast Guard Blotter, basic requirements of PCG Operations and guidelines in the conduct of Maritime Security and Law Enforcement Coastal Patrol. Parts Three and Four cover criminal procedures (from arresting, handling/preservation of evidence, investigation, filing of cases, to testifying in court) and Evidence. Part Five covers Maritime Security and Law Enforcement Operations Procedures on boarding/seizing vessels, rules of engagement, hostage situations, bomb threats and response to bombing incidents. Part Six gives a simple presentation of environmental laws, special penal laws and the Revised Penal Code, in general, of which the PCG is mandated to enforce, to better educate PCG personnel of their new mandate as law enforcers. And lastly, this manual includes forms which will aid PCG personnel in the performance of their tasks in enforcing the laws as compiled herein.
A. HISTORICAL BACKGROUND
T
he oldest and only humanitarian armed service of the country, the Philippine Coast Guard traces its roots from its forerunner, the Bureau of Coast Guard and
Transportation in 1901. Created by virtue of Philippine Commission Act No. 266 on October 17, 1901, the Bureau was placed under the Department of Commerce and Police with its mission to administer shipping and promote sea safety. Since then, the Bureau has undergone several changes like renaming, addition of functions, transfer of departments, even abolition and revival.
T
he Philippine Coast Guard was created and made as a major unit of the Philippine Navy on October 10, 1967, upon
enactment of Republic Act No. 5173. On July 1, 1979, Manual on Enforcement of Maritime Laws was promulgated under the Philippine Navy Manual PNM 3-14.
Coast Guard Education and Training Command
Page 1
Maritime Security and Law Enforcement Manual s.2011
O
n March 30, 1998, the PCG was separated from the Navy pursuant to Executive Order
No.
475,
transferring it from the Department of National Defense to the Office of the President. On April 15, 1998, the PCG was transferred from the Office of the President to the
Department
of
Transportation
and
Communications.
The
aforementioned Executive Orders provided that the PCG shall continue to be the agency primarily responsible for the safety of life and property at sea and for the protection of the maritime environment as mandated under RA 5173 and PD 600, 601,602 and 979, as amended.
O
n February 12, 2010, Republic Act No. 9993 entitled ―An Act Establishing the Philippine Coast Guard as an Armed and Uniformed Service attached to the Department of Transportation and Communications, thereby repealing Republic Act No. 5173, as amended and for other purposes‖, or otherwise known as the ―Philippine Coast Guard Law of 2009‖ was enacted and approved by Her Excellency Pres. Gloria Macapagal-Arroyo. The aforementioned law is a consolidation of Senate Bill No. 3389 and House Bill No. 5151 which was finally passed by the Senate and the House of Representatives on December 9, 2009 and December 8, 2009, respectively.
W
ith the enactment of RA 9993, the PCG is now recognized as the third
uniformed armed service of the country following the Armed Forces of the Philippines and the Philippine National Police. As such, the PCG is deemed as a law enforcement agency mandated to perform specific functions within the maritime and territorial jurisdiction of the Philippines.
Coast Guard Education and Training Command
Page 2
Maritime Security and Law Enforcement Manual s.2011
O
n April 8, 2011, Sec. Gregorio De Jesus, Secretary, Department of Transportation and
Communications
(DOTC),
formally
signed
the
Implementing Rules and Regulations (IRR) of RA 9993, thereby officially jumpstarting the full implementation of RA 9993. This Maritime Security and Law Enforcement Manual comes in an opportune time wherein the Philippine Coast Guard is on the verge of fully employing its new found authority and function as the third armed and uniformed service, next to the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP).
T
he Philippine Coast Guard, being a law enforcement agency, requires that it should have a uniform and standard procedure in the conduct of its maritime
security and law enforcement functions and as such this Manual seeks to address the said concern by coming
up
with
a
homogeneous and standard operational procedures that will govern
its
maritime
security and law enforcement operations from a simple routine patrol to handling of serious situations such as bombing incidents and hostage situations. This Manual will also provide PCG officers and men, particularly those in the field, the procedural knowhow to go about from arresting a suspect to the filing of criminal complaints, as well as techniques on preparation of cases for trial and court testimony. This will likewise provide them with ready reference and sample legal forms which they can use in their day-to-day activities.
B. MISSION AND FUNCTIONS The PCG has this mission:
T
o promote safety of life and property at sea, safeguard marine resources and environment, enforce all applicable laws within the Philippine waters and conduct
maritime security operations and other activities in support of national development.
Coast Guard Education and Training Command
Page 3
Maritime Security and Law Enforcement Manual s.2011
I
n order to accomplish the above-stated mission, the PCG is tasked to carry out five major functions, namely: 1. Maritime Safety Administration 2. Maritime Security Operations 3. Marine Environmental Protection 4. Maritime Law Enforcement 5. Maritime Search and Rescue
H
owever, in addition to the specific powers and functions laid down under
Section 3 of RA 9993, the PCG,
as a law
enforcement agency, is duty-bound to enforce pertinent laws or assist in the implementation thereof when called upon and deputized by other government agencies in the performance of their functions. The PCG personnel act as deputized agents of a particular agency charged with the enforcement of a law.
A
s law enforcers and duly appointed
public employees and officers of the government, it is the sworn duty of all PCG personnel to ensure that the laws of the land are faithfully executed and complied with in order to maintain peace and order in our society and guarantee safety of all persons within the maritime and territorial jurisdiction of the Philippines.
Coast Guard Education and Training Command
Page 4
Maritime Security and Law Enforcement Manual s.2011 C. MARITIME JURISDICTION
M
aritime jurisdiction generally refers to
the right of a state to exercise its power over all actions related to events occurring at sea within its territorial limits as provided by its national law and under applicable international laws. For purposes of applying the provisions of this Manual, it is imperative that PCG personnel be conversant of the extent of the maritime jurisdiction of the Philippines to properly exercise its role as a law enforcement agency. 1.
NATIONAL TERRITORY Article I of the 1987 Constitution provides what constitute our national territory, to wit: ARTICLE I NATIONAL TERRITORY ―The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.�
S
imply put, under the above provision of law, it can be said that the maritime jurisdiction of the Philippines comprises of all the waters in, around, between
and connecting the islands, including the territorial sea, the sea bed, the insular shelves and all other submarine areas, with the waters connecting the islands regardless of their breadth and dimensions, considered as the internal waters.
Coast Guard Education and Training Command
Page 5
Maritime Security and Law Enforcement Manual s.2011
T
his was further defined with the passage of RA 9522 otherwise known as the ―Archipelagic Baselines Law‖ which particularly specified the baselines
around the Philippine archipelago, and reaffirmed the country‘s right to exercise dominion, sovereignty and jurisdiction over all portions of the national territory as established under Article I of the 1987 Constitution and other applicable laws.
W
ithin these statutorial limits, the Philippines have the right to exercise
criminal jurisdiction and therefore enforce its penal statutes subject to the exceptions as may be provided by law as well as the generally accepted principles of international law. Furthermore, under other laws, the maritime jurisdiction of the Philippines is not only limited to the seas but includes all navigable waters, including those that may, in the future be susceptible to water navigation. Thus, it can be safely said that the jurisdiction of the Philippine Coast Guard covers not only inland waters but extends up to the territorial sea limits as provided for by law.
A
dvancements in international law, has further expanded this jurisdiction to
include, the contiguous zone, the continental shelf and the exclusive economic zones which extends up to 200 NM from the baselines. This vast area of responsibility entrusted to the Philippine Coast Guard pose enormous challenges not only in terms of deployment of its assets but on the actual exercise of its law enforcement functions which may bring about legal challenges both in the domestic and international fronts.
Coast Guard Education and Training Command
Page 6
Maritime Security and Law Enforcement Manual s.2011 2.
STATE JURISDICTION IN MARITIME ZONES UNDER UNCLOS
U
nder the provisions of UNCLOS, every state will exercise jurisdiction on the following maritime zones, to wit:
a. Internal Waters Waters landward of the baseline over which the state has complete jurisdiction: not even innocent passage is allowed. Lakes and rivers are considered internal waters, as are all "archipelagic waters" within the outermost islands of an archipelagic state. The Coastal State enjoys absolute sovereignty over such body of water. b. Territorial Waters Out to 12 nautical miles from the baseline, the coastal state is free to set laws, regulate use, and use any resource. Vessels were given the right of innocent passage through any territorial waters, with strategic straits allowing the passage of military craft as transit passage, in that naval vessels are allowed to maintain postures that would be illegal in territorial waters. "Innocent passage" is defined by the convention as passing through waters in an expeditious and continuous manner, which is not ―prejudicial to the peace, good order or the security‖ of the coastal state. Fishing, polluting, weapons practice, and spying are not ―innocent", and submarines and other underwater vehicles are required to navigate on the surface and to show their flag. Nations can also temporarily suspend innocent passage in specific areas of their territorial seas, if doing so is essential for the protection of its security. c. Archipelagic Waters A baseline is drawn between the outermost points of the outermost islands, subject to these points being sufficiently close to one another. All waters inside this baseline are designated Archipelagic Waters. The state has full sovereignty over these waters (like internal waters), but foreign vessels have right of innocent passage through archipelagic waters (like territorial waters). d. Contiguous Zone Beyond the 12 nautical mile limit there was a further 12 nautical miles or 24 nautical miles from the territorial sea baselines limit, the contiguous zone, in which a state could continue to enforce laws in four specific areas: pollution, taxation, customs, and immigration.
Coast Guard Education and Training Command
Page 7
Maritime Security and Law Enforcement Manual s.2011 e. Exclusive Economic Zones (EEZs) Extends from the edge of the territorial sea out to 200 nautical miles from the baseline. Within this area, the coastal nation has sole exploitation rights over all natural resources. In casual use, the term may include the territorial sea and even the continental shelf. f. High Seas This extends from the limits of the exclusive economic zones and open to all states who may exercise all the rights with due regard to the interests of other states. This is more commonly known as ―freedom of the high seas‖ The Philippines, being a signatory to the UNCLOS or the United Nations Convention on the Law of the Seas, adheres to its guiding principles and thus adopt the same in defining the maritime jurisdiction of the Philippines.
Coast Guard Education and Training Command
Page 8
Maritime Security and Law Enforcement Manual s.2011 3.
PIRACY
A
mong the biggest concerns of coastal states, including the Philippines when
it comes to maritime security is PIRACY. The problem of piracy has been an age-old trepidation among seafarers and the shipping trade and industry in general. This may occur within the territorial boundaries of a state or in the high seas. As defined by Article 101 of the UNCLOS, PIRACY consists of any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or passengers of a private ship or a private aircraft, and directed: (i) on the high seas, against another ship or aircraft, or against persons or property onboard such ship or aircraft; (ii) against a ship, aircraft, persons or property in a place outside of the jurisdiction of any state.
Aside from this
definition under UNCLOS, coastal states likewise have their own definition of piracy based on their national laws which may vary or even diverge from the definition under UNCLOS.
I
n the Philippines for example, prior to its amendment, the Revised Penal Code defined piracy as that committed by any person who, on the high seas, shall
attack or seize a vessel or, not being a member of its complement nor a passenger, shall seize the whole or part of the cargo of said vessel, its equipment, or personal belongings of its complement or passengers. This definition is more in consonance with that under international law. However, with the enactment of PD 532, this definition has been amended to the effect that piracy can now be committed even by the crew or passengers of the vessel and can occur anywhere within the internal waters of the Philippines up to the high seas. Such divergence in legal concepts regarding piracy among coastal states brings about conflicting applications of their domestic laws which may hinder efforts to curb the effects of piracy.
T
he scourge of piracy is now again on the rise. In his article, Piracy in Asia Background
Report
by
Erik
Hoffmann,
posted
at
www.bergenrisksolutions.com, he mentioned that a year on year comparison shows that the number of piracy attacks has increased in 2009 versus 2008 (39 versus 37 attacks). A significant number of incidents in South East Asia happen on ships approaching or anchored at various ports in the region. The ports of Ho Chi Minh City (Vietnam), Sandakan port (Malaysia), the ports of Jakarta and Belawan (Indonesia) and the port of Manila (Philippines) are particular hotspots.
In 2008 these ports stood for a combined 26 out of 78 attacks in
South East Asia.
Coast Guard Education and Training Command
Page 9
Maritime Security and Law Enforcement Manual s.2011
A
s early as 2006, VADM RAMON C LIWAG PCG, who was just recently
on
March
appointed to a two-year
term as chairman of the ReCAAP ISC Governing Council, 4,
2011,
made
mention of the alarming trend of piracy being committed within the harbors or protected areas. In his paper entitled STRATEGIC
RESPONSE
AGAINST
COASTAL
PIRACY
AND
ZONE
CURRENT
INITIATIVES TO PROMOTE SAFETY AND ENHANCE MARITIME SECURITY IN THE PHILIPPINES, submitted during the International Symposium on Coastal Piracy, held on November 14, 2006, at the World Maritime University, Malmo, Sweden, he stressed that while the general trend of piracy in the Southeast Asian region was on the downtrend, the same cannot be said of the Philippines, in which piracy was then considered a serious problem, preying on small domestic vessels. He likewise underscored the fact that a considerable number of the attacks that occurred in harbors such as South Harbor, Manila, where elements of the Philippine Navy, PNP and the PCG are in the immediate vicinity, thus the question arises as to why these pirates are not afraid to carry out these illegal activities or why they were never apprehended. VADM RAMON C LIWAG PCG, pointed out that among the reasons why pirates are still able to carry out their illicit activities, are the limited patrol operations of the law enforcement agencies, failure to report or delay in the reporting of the incident to the authorities. In response, being the Commander of Coast Guard District NCRCL at that time, he ordered increased regular patrols of PCG units and seaborne assets that significantly played a big factor in reducing piratical activities in South Harbor Manila.
O
f critical importance also in preventing piracy is the continuing coordination and cooperation between and among the member-states of the ASEAN. The establishment of the Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia (ReCAAP) as the first regional government-to-government agreement to promote and enhance cooperation against piracy and armed robbery in Asia paved the way for the establishment of a platform for information exchange with
Coast Guard Education and Training Command
Page 10
Maritime Security and Law Enforcement Manual s.2011 other countries designated as Focal Points via the Information Network System (IFN); facilitate communications and information exchange among participating governments to improve incident response by member countries; analyze and prove accurate statistics of the piracy and armed robbery incidents to foster better understanding of the situation in Asia; . ReCAAP was finalized on 11 November 2004 and entered into force on 4 September 2006. To date, 17 States have become Contracting Parties to ReCAAP.
A
s a testament to the effectiveness of the ReCAAP in providing information on piracy, as recently as last year, information relayed from ReCAAP pertaining
to a missing tugboat M/T ASTA, paved the way to its recovery by the PCG in Loreto, Dinagat Island, Surigao,last 25 February 2010 (ReCAAP incident update, M/T ASTA, www.recaap.org). This feat was likewise duplicated with the recovery of M/T Atlantic 3 and the barge Atlantic 5 at Sarangani Province (ReCAAP incident update, M/T Atlantic 3-5, www.recaap.org). Regional cooperation and prompt action by law enforcement agencies, particularly the PCG have ensured successful recovery of pirated vessels and prosecution or extradition of the perpetrators by their own countries. 4.
THE RIGHT OF HOT PURSUIT
H
ot pursuit is an exceptional right of the coastal State to the exclusivity rule
of flag-state jurisdiction. Its aim is to effectively enforce its laws and regulations by pursuing an infringing foreign ship which escapes onto the high seas. The right of hot pursuit reflects a pragmatic balance of the coastal State‘s interest in the enforcement of its laws against the notion of the freedom of the seas and the integrity of territorial jurisdiction.
a. Legal Basis The right of hot pursuit arose as a result of a custom, subsequent to the turn of the 20th century. It was later embodied in the Helsingborg Treaty of August 19, 1925, concluded between Finland and the other littoral States of the Baltic Sea, as well as in the Anglo-Finnish Treaty of 1933. This right has been codified in both 1958 Geneva Convention on the High Seas and 1982 UNCLOS. b. Requisites that gives rise to the right of Hot Pursuit 
Offenses giving rise to the right of hot pursuit
Coast Guard Education and Training Command
Page 11
Maritime Security and Law Enforcement Manual s.2011 Hot pursuit may be exercised when the competent authorities have good reason to believe that the foreign ship has violated the laws and regulations of the coastal state. (Art. 111 para 1. UNCLOS) Hot pursuit is allowed for any violation of the laws and regulations of the coastal State, which have been laid down appropriate to the rights empowered by the Convention, no matter how trivial. However, the principle of comity and practical reality cautions a State to exercise the right and resort to related measures, including the use of force, taking into account the seriousness of the infraction.
Attempted offenses: The coastal State may be entitled to pursue a foreign ship attempting to commit illegal acts; re: serious crimes. As regards other cases exercise of the right to hot pursuit depends on the interpretation of the municipal laws of the coastal State. Where these laws and regulations deem such attempts to commit crimes as punishable, then pursuit is permitted. However, caution must be a more prudent action for the coastal State, as the exercise of this right may open the coastal state to international consequences in some instances.
Immunity from Hot Pursuit Art. 32 of UNCLOS, provides that warships and government noncommercial ships of another state, are generally immune from the jurisdiction of any state other than their flag state and are not subject to hot pursuit in the high seas. However, they are obliged to respect the laws of the coastal State. The immunity afforded them is immunity only from the criminal jurisdiction of the coastal State, but the flag State may be held to liable for any violation of the national laws of the coastal state by such vessels.
Vessels entitled to the right of hot pursuit Art. 111 para 5 of UNCLOS provides: ―The right of hot pursuit may be exercised only by warships or military aircraft, or other ships or aircraft clearly marked and identifiable as being on government service and authorized to that effect.‖
Coast Guard Education and Training Command
Page 12
Maritime Security and Law Enforcement Manual s.2011 The enforcement is limited to vessels vested with the authority by the coastal state, which ensures state responsibility for the actions taken by said vessels in behalf of its flag state.
Warships and military aircraft Warships may include surface vessels or submarines, and military aircraft including airplanes, seaplanes and helicopters.
Ships or aircraft in government service Ships in government service include coast guard ships, fishery protection vessels, police vessels, etc., or aircraft, seaplanes and helicopters assigned to perform non-military services. The difference between the first and second categories is that the vessels under the second category must be clothed with specific authority to exercise the right of hot pursuit against foreign infringing vessels and ―clearly marked and identifiable as being on government service‖. This authority does not cover all government ships or vessels, but is generally given to special classes of vessels, like coast guard ships, fishery protection vessels, which in the exercise of their functions on law enforcement, are allowed to exercise the right of hot pursuit.
Ascertaining location of the infringing vessel Art 111 para 4 provides: Hot pursuit is not deemed to have begun unless the pursuing ship has satisfied itself by such practicable means as may be available that the ship pursued is within the limits of the territorial sea, or, as the case may be, within the Contiguous Zone or Exclusive Economic Zone or above Continental Shelf.
Coast Guard Education and Training Command
Page 13
Maritime Security and Law Enforcement Manual s.2011 Before a ship of the coastal State may lawfully exercise its right of hot pursuit, it must ascertain that the infringing ship is within a maritime zone over which its State may exercise jurisdiction. The word “satisfied” only implies that the suspect vessel is within the zone of the pursuing state, however, such is only a disputable assumption and it does not in any way create a conclusive presumption that would bind other states.
The location where hot pursuit may be undertaken Combining provisions stated in para 1-3 of Art. 111 of the UNCLOS, the location where hot pursuit may occur may be as large as all the zones of the Internal Waters, Archipelagic Waters, Territorial Seas, Contiguous Zone, Exclusive Economic Zone and Continental Shelf of the pursuing State, the High Seas, the outer limits of the Territorial Seas of another State, including its Exclusive Economic Zone and Continental Shelf. Hot
pursuit
must
start
within
the
maritime
jurisdiction
zones
abovementioned, of the coastal State where the violation took place. However, this authority of the coastal State becomes more and more diminished as it gets farther away from its shorelines; the right of hot pursuit in turn is considerably weakened. Para 2 of Art. 111 of the UNCLOS, implies that hot pursuit may start from within 350 miles from the baselines from which the breadth of the territorial sea is measured, or from within 100 miles from the 2,500 meter isobaths, because the coastal State exclusive jurisdiction may include preventive and repressive measures against violations of its laws in force on the continental shelf. Para 3 of Art. 111 of the UNCLOS suggests that hot pursuit may continue into the EEZ or CS of another coastal State, since this act of the pursuing vessel is not excluded by the jurisdiction of that State in its EEZ or over its CS. However when in the EEZ or CS of another State, the pursuit must have due regard to rights of that State. It is submitted that continuation of hot pursuit into safety zones therein is not permissible if the safety of such installations may be endangered.
Coast Guard Education and Training Command
Page 14
Maritime Security and Law Enforcement Manual s.2011 c. Procedures in hot pursuit 
The signal to stop Art. 111 para 4 states: Hot pursuit may only be commenced after a visual or auditory signal to stop has been given at a distance which enables it to been seen heard by the foreign ship. The signal to stop is of vital significance since pursuit is considered to have lawfully started only at the moment when a signal to stop is clearly given to the suspect vessel. The distance from which a signal may be given is fixed, varying according to weather conditions, locality, and the size of the vessels. Signals by radio should not be made as the basis for the commencement of pursuit as these could be given at any distance. With regard to signals usually employed by the pursuing vessels, it must be ensured that no misunderstanding must occur between the pursuing vessel and the eluding ship, use of the International Code of Signals has been accepted by the majority of States. The auditory signals recognized may include cannon balls fired near or through the masts of the offending vessels. When the distance between the two ships is rather close, the signal to stop may be made by sounding the siren of the pursuing vessel or even by a call through the loud-hailer.

Immediacy and continuity of hot pursuit Immediacy: The right of hot pursuit represents a traditional limitation to the freedom of the high seas and should only be used for exceptional and urgent circumstances which necessitate very quick action on the part of the coastal State. Therefore, the element of the immediacy commencement of hot pursuit is of considerable importance.
of
Continuity: Art. 111 para 1 reads: Such pursuit must be commenced and may only be continued outside TS or CZ if the pursuit has not been interrupted. Causes of interruption may include: ďƒ˜ Natural causes, such as weather conditions of a heavy fog or a typhoon, a storm, or darkness;
Coast Guard Education and Training Command
Page 15
Maritime Security and Law Enforcement Manual s.2011 Mechanical causes such as the greater speed of the pursued vessel, a mechanical failure of the engine of the pursuing ship which forced it to stop temporarily; and Other reasons such as a stop to arrest the small boats of an infringing and fleeing vessel, or a stop to examine the papers and cargo of the pursued and overtaken vessel. If the pursuit is interrupted at any time, the right to pursue is lost and pursuit may not be resumed. The interruption must, however, be significant. For example, if the warship ceases pursuit momentarily to pick dories of the suspect ship or if the ship is momentarily lost in fog, pursuit may recommence.
Termination of hot pursuit Art 111 para 3 provides: The right of hot pursuit ceases as soon as the ship pursued enters the territorial sea of its own State or a third State. Due to respect of the sovereignty of another State, pursuit ends when the ship pursued enters the TS of that State, either of its own or a third one. It may also end when the pursuing vessel relinquishes the pursuit due to causes of interruption previously mentioned.
Procedure to terminate hot pursuit This procedure is not particularly mentioned in the Convention, but the same is based according to State practices, it includes: Approach the foreign vessel and ask her to hoist her flag; Send a boat under the command of an officer to check the papers of the ship; An examination on board the vessel normally follows if the infraction committed By the foreign ship is conducted with means or instruments found on board; With strong suspicion of guilt, arrest the ship and escort it to a port of the coastal State for further inquiries.
Coast Guard Education and Training Command
Page 16
Maritime Security and Law Enforcement Manual s.2011 5.
MARITIME SECURITY POLICY
T
hese vast expanses of the Philippine waters provide conducive sites vulnerable to various nefarious activities, such as, smuggling, drug and arms
trafficking, piracy and even terrorism stretch thin
and the
available resources of the PCG. In this regard, the PCG has to come
up
strategic
with policy
a and
operational approaches to enhance the country‘s
maritime
security program. In doing so, the fundamentals of putting premium
to
human
resource development through the infusion of knowledge and skills in the rudiments of civilian law enforcement are the imperative undertaking of the organization, which is foremost anent to this strategic policy direction.
M
ARITIME SECURITY refers to those measures employed by maritime
administrations, flag States, vessel owners and operators, port facilities, offshore installations, and other maritime organizations and entities to protect
against unlawful acts such as piracy, armed robbery, terrorism or other forms of violence against ships, crews, passengers, port facilities, offshore installations and other targets at sea or in coastal areas. (Howkes, K.G., 1989. Pg 9) This has been the traditional definition readily attached for its conceptual meaning. However, through the course of times and wrought by annealing changes, Maritime Security has evolved into a larger dimension, evolved into a larger dimenstion, encompassing numerous domains other than
Coast Guard Education and Training Command
Page 17
Maritime Security and Law Enforcement Manual s.2011 just the military, which now cuts across socio-political and even economic discipline. Hence, in addition, Maritime Security can also be defined as the state wherein the country‘s marine resources and wealth, maritime trade and commerce, territorial integrity and coastal peace and order are protected, conserved and enhanced, thereby traversing pass its prior predominantly defense-oriented concept into a more holistic perspective, espousing a broader spectrum of national security and interest that is geared towards sustainable development and socio-political cum economic progress of the nation.
T
his likewise deals on governmental response to such maritime threats to the nation‘s vulnerable maritime industry. Being an archipelagic country where
eighty per cent (80%) of the national economy heavily relies on maritime transport services, the security of maritime trade routes
and is
shipping of vital
importance and must at all times be free from all kinds of threats ranging from criminal elements, hazards to navigations, threats to marine environment, perils of the sea, terrorism, among many others, which require ―civilian law enforcement‖.
T
he Philippine Coast Guard is not alone in ensuring the maritime security of
the country as various law enforcement agencies likewise share the burden of keeping the Philippine maritime jurisdiction safe and secure for the shipping industry and the riding public. Hence, it is vital for the PCG to include in its maritime security policy parameters in inter-agency operability and coordination.
I
ncluded in this Manual are the procedures which PCG personnel shall employ in dealing with threats to maritime security.
Coast Guard Education and Training Command
Page 18
Maritime Security and Law Enforcement Manual s.2011 PART
II
GENERAL PROCEDURES
A. INTRODUCTION
M
aritime Security and Law Enforcement (MARSLEN) Operations pertain to the action of deploying PCG personnel to respond or render assistance to other
government agencies in the apprehension of violators of customs, immigration, fisheries, forestry, dangerous drugs, firearms, piracy, environmental laws, Revised Penal Code and other applicable laws within the maritime jurisdiction of the Philippines.
M
ARSLEN operations are law enforcement operations, not military operations. As
such, due consideration should be given to generally accepted rules and procedures on jurisdiction, boarding, evidence, arrest and documentation when conducting an operation. Hence, in all MARSLEN operations, all Philippine Coast Guard (PCG) units and personnel are directed to comply with and apply the general procedure laid down in the next preceding Chapters. It should be noted however, that MARSLEN Operations does not end on the arrest and filing of the necessary criminal cases in court. Every PCG personnel, for that matter, who has been involved in these operations has the duty and responsibility to see to it that apprehended suspects are properly prosecuted and proper penalties imposed upon conviction. To equip all PCG personnel with the necessary knowledge and skills to ensure successful prosecution of maritime law violators, this chapter includes not only arresting procedures but likewise criminal procedures, case preparation for trial and techniques on how to testify in courts.
I
n the conduct of MARSLEN operations, all PCG units and personnel concerned must abide by the following basic guidelines and procedures as well as the rules on
criminal procedures in the prosecution of criminal offenders.
Coast Guard Education and Training Command
Page 19
Maritime Security and Law Enforcement Manual s.2011 B. COAST GUARD BLOTTER
B
eing a law enforcement agency, which normally handles and receives various calls for assistance or complaints not only from the shipping industry, but from the
riding public in general, it is incumbent for the Philippine Coast Guard to have a formal and systematic form of recording of events that every Coast Guard unit or command receives in their day-to-day activities, similar to that of the PNP.
S
uch recording system is vital in the performance of the PCG‘s law enforcement functions wherein PCG personnel will be at the forefront in the prosecution of
maritime offenders. Not only is the blotter system used to record the daily events in and around a Coast Guard unit or command, entries therein will likewise be used for evidentiary purposes if ever it is required to be presented in court, in the likely event that a case will be filed as an offshoot to the occurrence of all the events recorded therein.
D
efinition of Coast Guard Blotter – the Coast Guard blotter is a record of daily events occurring within the territories/ jurisdiction of a given PCG unit or command. 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
The following PCG operating units shall maintain an official blotter:
Every Coast Guard detachment or station shall maintain a Coast Guard blotter, All PCG operating units or divisions in addition to the CG detachments/stations shall likewise maintain separate blotters.
What are recorded in the Coast Guard Blotter? All entries in the CG blotter should contain the following, to wit:
Who is the complainant or reportee,
What is the nature of the complaint or event sought to be recorded,
Why is such complaint or event recorded,
Coast Guard Education and Training Command
Page 20
Maritime Security and Law Enforcement Manual s.2011
Where did such event or complaint occur,
When did such event occur,
How did such event occur, and
Disposition of Case.
I
n answering the above, all such material details about the event, including: the
names of the suspects; the victim; the witnesses, if any; the nature of the action or offense; the possible motive; the place; the date and time of occurrence; significant circumstances that aggravate or mitigate the event or the crime; and the status of the case should be entered along with the identity of the officer to whom the case is assigned (Officer-on-case). The following incidents or transactions, among others, may be entered in the Coast Guard blotter;
Violations of the RPC and all maritime laws, rules and regulations reported and/or discovered;
All calls in which any member of the PCG is dispatched and/or takes official actions;
All reports and information received by the PCG unit concerned;
Movement of personnel or detained persons with corresponding the authority for such movements;
Cases of missing and/or found persons, animals
notations on
and property both on land and
at sea;
All maritime incidents and other types of accidents which require Coast Guard action;
All cases in which a Coast Guard member is involved;
All arrests and returns made; and
Miscellaneous cases, general and special orders, violations of rules and any other reportable incident that the Detachment/Station Commander, or his personnel desires to be recorded.
Coast Guard Education and Training Command
Page 21
Maritime Security and Law Enforcement Manual s.2011 1.
PROCEDURE IN MAKING ENTRIES IN THE COAST GUARD BLOTTER a.
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.
b.
Only facts, not opinions, must be entered in the blotter.
c.
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.
d.
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;
e.
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.
f.
A ballpen or pen with a blue, black, or blue black ink is used for making the entries.
g.
Misrepresentations in the blotter or any attempt to suppress or delete any information therein are punishable criminally and administratively.
h.
The entries must be legibly written in long hand and consecutively numbered.
i.
Every page of the blotter shall be consecutively or chronologically filled up. No line or spaces be left blank between any two entries.
j.
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.
k.
In every shift, the Duty Petty Officer on Watch (POW), under the supervision of the Duty Officer of the Day (OOD), and the Complaint Desk Officer, shall make the actual entries in the blotter and at the end of his tour of duty; both the Duty POW and Duty Complaint Desk Officer shall sign the blotter.
Coast Guard Education and Training Command
Page 22
Maritime Security and Law Enforcement Manual s.2011 Date 4/15/10
Time 1400h
Incidents/events
Disposition
Nature of the case: Qualified theft & Violation of PD 1612 & Omnibus Election Code in relation to RA 8294 Complainant: PO3 Richard P Esquivel, of legal age, and presently assigned at Headquarters Support Service, HSS, Camp Crame, Quezon City. Respondent: 1. Oscar L Virtudez, male, 20 years old & a resident at Barangay Bautista, Zone 3, Dasmarinas City, Cavite. 2. Oliver D. Santos, male, 51 years old & a resident as Brgy. Fatima 1, Dasmarinas City, Cavite. Witness: Mylene T. Pascual, of legal age, and a resident at Cut-cut Bridge, Pasay City. Time, Date, Place of Occurrence (TDPO) : 4:00 in the morning April 8 2010 at MPSU Hqs, NAIA Complex, Pasay City(time and date when MR. VIRTUDEZ took the firearm of PO3 ESQUIVEL). 11:55 AM April 15 2010 at Brgy. Fatima 1, Dasmarinas City, Cavite (TDPO when the firearm was recovered from Mr. Santos) Facts of the Case: OOA 4:00 AM April 8, 2010, Mr. Virtudez alias ―Boknay‖ stole the service firearm (9mm Beretta w/ SN M1642Z) of PO3 Esquivel inside his locker. OOA 150200H April 2010, the witness convinced ―boknay‖ to voluntarily surrendered to this office wherein he revealed/admitted that stole the firearm of the complainant & he pawned it at Dasmarinas City in the amount of 2,500.00. Immediately, PCINSP JONATHAN T GALANG, Chief, MPSU instructed the duty team to conduct follow-up operation led by PSINP DULAY w/c resulted to the apprehension and the possessor of said firearm identified as Mr. Oliver D. Santos. The suspects were brought to this office for investigation and filing of appropriate charges. DISPOSITION: Referred prosecutor‘s office.
to
the
Pasay
City
(sgd) PO3 NAVARRO Duty Investigator Sample entry in the Police Blotter
Coast Guard Education and Training Command
Page 23
Maritime Security and Law Enforcement Manual s.2011 2.
SUPPLY AND ACCOUNTABILITY a.
Headquarters, PCG shall
supply Coast Guard
blotters
to each
PCG
command/unit who shall carry the same in their property books as an accountable item. b.
PCG Unit Commanders shall be responsible for the proper maintenance, use, safekeeping and accounting of Coast Guard blotters.
C. BASIC REQUIREMENTS OF PCG OPERATIONS
Generally, all PCG operations (arrest, raid, pursuit, boarding, search and seizure, checkpoint, etc.) shall be conducted: 1.
With a marked PCG vehicle or vessel;
2.
Preferably led by a Commissioned Officer; and
3.
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.
Pocket-sized notebook;
2. 3.
Ballpen; Flashlights;
4. 5.
Two-way radio; Service firearm (long or short arm as the case may be);
6.
Miranda Rights Card;
7.
Handcuffs;
8.
Digital
still
or
video
camera; and 9.
Medical kit;
Coast Guard Education and Training Command
Page 24
Maritime Security and Law Enforcement Manual s.2011 D. INTER-AGENCY COORDINATION
T
eam Leaders (TL) of PCG Units operating outside their territorial jurisdiction and National Support Units (NSUs) shall coordinate, personally or through an official
representative, with the other law enforcement agency units within whose jurisdiction the operation shall be conducted. Prior to the launching of the operation, except in cases where the formal (in writing) inter-unit coordination cannot be made due to the nature and/or urgency of the situation such as, but not limited to, cross jurisdictional pursuit operations, coordination should be made formally using the prescribed Coordination Form.
Coast Guard Education and Training Command
Page 25
Maritime Security and Law Enforcement Manual s.2011
I
n cases where formal inter-unit coordination is not feasible, the PCG Unit concerned shall endeavor to notify the law enforcement office exercising
jurisdiction over the area through any practical/available means of communication at anytime during the operation and, if not possible, shall accomplish and furnish said law enforcement office a written incident report immediately after the termination of operation.
E. MARITIME SECURITY AND LAW ENFORCEMENT COASTAL PATROL GUIDELINES
O
f vital importance to the conduct
of
MARSLEN
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
I
n order to be more effective in carrying out its function relative to Maritime Security, the PCG must undertake measures to ensure maintenance of peace and
order and public safety in their area of responsibility. One such measure is the setting up and the conduct of regular coastal security patrols.
T
hese security patrols shall be implemented from the districts
down to the stations and the detachments and be conducted at least twice a week, once during the day and once at night, as situations differ during those times accordingly. The PCG patrol personnel are assigned to monitor specified geographic areas and they are to move through their areas at
Coast Guard Education and Training Command
Page 26
Maritime Security and Law Enforcement Manual s.2011 regular intervals looking out for any signs of problems of any kind. 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.
B
y conducting these coastal security patrols, the PCG will be made more visible to the public whom they serve and thereby gain their trust and confidence, with the
end-view of promoting good community relationship. 1.
Duties and Responsibilities of PCG Coastal Patrol Personnel: a.
Attend Muster before his Tour of Duty for briefing and likewise attend the After-Tour
of
Duty
formation for debriefing; b.
Patrol the assigned coastal security patrol line, observe and check suspicious people, coastal structures/buildings and vessels in the course of their patrol to enhance CG visibility within and along coastal areas;
c.
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;
d.
Prevent maritime law violations and arrest sighted law violators, assuring the public that peace is preserved;
e.
Inspect and/or conduct surveillance in various places of business establishments within the coastal security patrol line and other installations and vessels and report and/or remove hazards to navigational safety;
f.
Report occurrences and conditions which relate to crime, public peace, order and safety;
Coast Guard Education and Training Command
Page 27
Maritime Security and Law Enforcement Manual s.2011 g.
CG Patrol Personnel shall wear the prescribed patrol uniform.
h.
CG Patrol Personnel must have the equipment necessary in the performance of their duties.
2.
Duties of PCG Coastal Patrol Supervisors: a.
In
any
maritime
patrol
operations, careful planning is a must in order to avoid waste of time, effort and resources. Make a patrol plan with the following details: i.
Area Coverage
ii.
Organizational Detail of Personnel
iii.
Duration
iv.
Stand-by points
v.
Route plan
b.
Designate and select the members of the patrol team/s.
c.
Inspect the members of the patrol on the completeness of the uniforms, availability of personnel, and operational readiness of personnel and equipment.
d.
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.
e.
Render hourly report of location and situation through radio/ telephone to PCG Detachments or Stations or CG Action Center (CGAC).
f.
Render after-patrol report duly signed by detailed personnel.
g.
Conduct debriefing after the patrol to assess its conduct and make necessary corrective measures on defects noted.
Coast Guard Education and Training Command
Page 28
Maritime Security and Law Enforcement Manual s.2011 3.
Coastal Security Patrol Guidelines: a.
All Coast Guard Districts shall establish or designate coastal security patrol lines in their respective areas of responsibilities (AOR);
b.
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;
c.
Observe precautionary measures and personal safety while on coastalbased or seaborne patrols.
d.
Select routes which provide best visibility.
e.
Be observant of people, vehicles/vessels, situations or conditions and develop a cautious attitude especially if the subject appears to be slightly out of the ordinary.
f.
Use tact and persuasiveness when conducting spot inquiry or questioning passengers or crew of the vessel for information.
g.
When requiring a suspicious person or any individual for identification, avoid taking the wallet or bag or any other receptacle, in which the cards/documents are placed. Let the individual remove and hand them to you.
h.
Be familiar, as much as possible, with known criminals/ex- convicts residing in or frequenting the patrol beat.
i.
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.
j.
Establish good rapport with the coastal communities in your coastal security patrol line.
k.
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.
l.
CG Patrol members must be always on the look-out for indications of illegal activities in their beat.
m.
CG Patrol members must be knowledgeable of all conditions, events and details of places in their beat.
Coast Guard Education and Training Command
Page 29
Maritime Security and Law Enforcement Manual s.2011 4.
Guidelines and Procedures when Responding to Calls for PCG Assistance: a.
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.
b.
The manner of approach will be dependent on the nature of the call either with haste/secrecy or with/without flashing lights and sirens.
c.
Consider the pertinent factors like the time, weather, sea conditions and the possibility of greater risk or damage.
d.
Always approach the scene of the crime exercising extreme caution.
e.
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.
f.
Focus all efforts to arrest criminals; however, priority shall be given to aiding the injured.
g.
Determine the crime committed, identify and question briefly the victims/complainants and possible witnesses at the scene.
h.
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.
i.
When responding to calls for assistance due to planted or found
explosives,
never
attempt to handle, move or lift the object. Instead contact CGAC and request for Explosive Ordnance Disposal Team (EODT). Onlookers must be promptly led to a safe distance.
Coast Guard Education and Training Command
Page 30
Maritime Security and Law Enforcement Manual s.2011 PART
III
CRIMINAL PROCEDURES
R
ule 3 (k) 4 of the Implementing Rules and Regulations of RA 9993 otherwise known as the Philippine Coast Guard Law of 2009, provides that ―the PCG, in the performance of
its maritime security functions, shall arrest, subject to the provisions of the Revised Rules of Court, investigate and file corresponding charges on persons and juridical entities violating any applicable maritime laws, rules and regulations, provisions of the Revised Penal Code, and other special laws, when such infraction of laws has been committed within the maritime jurisdiction of the Philippines.‖
B
ased on the aforesaid provision and to ensure successful prosecution of criminal cases filed against apprehended violators, it is essential that PCG personnel are familiar with
the rules on criminal procedure. The discussion hereunder aims to present an overview of what a law enforcer needs to know and employ from the time of the apprehension of a suspect, especially in warrantless arrests, until a case against him is filed in court, to wit: WARRANTLESS ARREST
The arresting officers shall conduct Custodial Investigation
Filing of the Complaint with the prosecutor‘s office by the investigating officer
The inquest prosecutor will conduct the inquest proceedings
In case the suspect requests, Preliminary Investigation will be conducted by the Prosecutor‘s Office
PCG Officer, will file a complaint directly with the court if there is no prosecutor‘s office in the area, otherwise the complaint will be filed at the prosecutor‘s office.
Arrest o
Two ways of effecting an arrest: By virtue of a warrant of arrest
Coast Guard Education and Training Command
Page 31
Maritime Security and Law Enforcement Manual s.2011 -
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.
Valid warrantless arrest (under sec. 5, Rule 113, of the Rules of 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.
Filing of the Complaint with the prosecutor’s office After the investigation, the investigating officer shall make the necessary complaint attaching therein all the documentary evidence and other documents to charge the suspect of the crime allegedly committed. 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. 125 of the Revised Penal Code.
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. 125 of the RPC, in writing and signing it in the presence of his own counsel, in which case a preliminary investigation will then be conducted by the prosecutor‘s office.
Coast Guard Education and Training Command
Page 32
Maritime Security and Law Enforcement Manual s.2011 Filing of the Complaint or information
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.e. PCG Officer, will file a complaint directly with the court, if there is no prosecutor‘s office in the area, otherwise the complaint will be filed at the prosecutor‘s office. If the offense committed requires a preliminary investigation, the complaint will be filed at the prosecutor‘s office, who will conduct the preliminary investigation, and file the information in court should he find probable cause against the suspect.
A. ARREST
D
efinition of Arrest – Arrest is the taking of a person into custody in order that
he may be bound to answer for the commission of an offense. (Sec. 1, Article 113 of the Revised Rules of Criminal Procedure) General Rule: All arrests should be made only on the basis of a valid Warrant of Arrest issued by a competent authority. 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:
1.
When in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense; (In flagrante Delicto) ILLUSTRATIVE CASE: LAWFUL ARREST
People vs Sucro, 195 SCRA 388, 1991 FACTS: Pat. Roy Fulgencio, a member of the INP, Kalibo, Aklan, was instructed by P/Lt. Vicente Seraspi, Jr. (Station Commander of the INP Kalibo, Aklan) to monitor the activities of appellant Edison Sucro, because of information gathered by Seraspi that Sucro was selling marijuana. As planned, at
Coast Guard Education and Training Command
Page 33
Maritime Security and Law Enforcement Manual s.2011 about 5:00 P.M. on said date, Pat. 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. Fulgencio radioed P/Lt. Seraspi and reported the activity going on. P/Lt. Seraspi instructed Pat. Fulgencio to continue monitoring developments. At about 6:30 P.M., Pat. Fulgencio again called up Seraspi to report that a third buyer later identified as Ronnie Macabante, was transacting with appellant. At that point, the team of P/Lt. Seraspi proceeded to the area and while the police officers were at the Youth Hostel at Maagma St., Pat. Fulgencio told P/Lt. Seraspi to intercept Macabante and appellant. P/Lt. Seraspi and his team caught up with Macabante at the crossing of Mabini and Maagma Sts. in front of the Aklan Medical Center. 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 teabags of marijuana were sent to the PC-INP Crime Laboratory Service, at Camp Delgado, Iloilo City for analysis. 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.
Coast Guard Education and Training Command
Page 34
Maritime Security and Law Enforcement Manual s.2011 PP vs JOEL ELAMPARO y FONTANILLA G.R. No. 121572 March 31, 2000
FACTS: On February 12, 1995, at about 5:00 in the morning, prosecution witness Police Officer Romeo Baldonado, while attending to his duties as supervising policeman of the Kalookan Police Station, received a report from an informant that "some people are selling shabu and marijuana somewhere at Bagong Barrio, Caloocan City". Hence, Police Officer Baldonado formed a "buy-bust" operation team with himself as team leader and Police Officers Ernesto Andala, Ronielo Reantillo and Bismark Gaviola as members.
Said team proceeded to the area reported to at Progreso P. Gomez, Bagong Barrio, Kalookan City at around 5:45 in the morning of the same day. Upon arrival at the area, Gaviola, together with the informant "asset" stood at the corner of P. Gomez Street, Bagong Barrio, Kalookan City, since the said spot was identified to be the "market" or where the buyers of marijuana await a runner (seller). Thereafter, a runner later identified to be Erwin Spencer approached the poseur-buyer, Gaviola, who was asked "Iiscore ba kayo". Having answered, "Iiscore kami", Spencer then left and returned after five minutes with the marijuana. Gaviola then handed over the marked money and arrested Spencer, but who freed himself and ran. Then, the "buy-bust" team pursued Spencer, who ran inside a bungalow-type house with steel gate. Having trapped Spencer inside the house, the police officers frisked him and recovered the marked money. The police officers likewise found appellant repacking five (5) bricks of "marijuana" wrapped in a newspaper on top of the round table inside the house's sala. Appellant was then arrested and he confessed that the source of the "marijuana" was Benguet.
Coast Guard Education and Training Command
Page 35
Maritime Security and Law Enforcement Manual s.2011 Spencer and appellant were later taken to the precinct where they were delivered to the inquest fiscal for further investigation. 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. The NBI Report confirmed the drugs seized to be "Marijuana" weighing five (5) kilos. ISSUE: Whether or not the arrest was valid. HELD: Yes. 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. Hence, appellant's subsequent arrest was likewise lawful, coming as it is within the purview of Section 5 (a) of Rule 113 of the 1985 Rules on Criminal Procedure, to wit: Sec. 5. — Arrest without warrant, when lawful. — 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;
Sec. 5 (a) is commonly referred to as the rule on in flagrante delicto arrest. 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.
Coast Guard Education and Training Command
Page 36
Maritime Security and Law Enforcement Manual s.2011 UNLAWFUL ARREST PP, vs. ROEL ENCINADA G.R. No. 116720 October 2, 1997 FACTS: At around 4 p.m. of May 20, 1992, SPO4 Nicolas Bolonia was in his house when he received a tip from an informant that Roel Encinada would be arriving in Surigao City from Cebu City in the morning of May 21, 1992 on board the M/V Sweet Pearl bringing with him "marijuana". After receiving the tip, Bolonia notified the members of his team — SPO3 Marcial Tiro, SPO3 Glen Abot and SPO3 Charlito Duero — as well as his colleague SPO4 Cipriano Iligan, Jr., the chief of the Intelligence and Investigation Division, of the information he received. Because the information came late, there was no more time to secure a search warrant. In the early morning of May 21, 1992, Bolonia, Iligan and other police officers deployed themselves in different strategic points at the city wharf to intercept Encinada. At about 8:15 a.m. of the same day, the M/V Sweet Pearl finally docked. 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. Making a small tear in the cellophane cover, Bolonia could see and smell the content of the package which appeared to be "marijuana," a prohibited drug. 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. ISSUE: Whether the arrest of Encinada was a valid warrantless arrest, and whether the ensuing search was legal.
Coast Guard Education and Training Command
Page 37
Maritime Security and Law Enforcement Manual s.2011 HELD: No. 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 4:00 p.m. of May 20, 1992 at his house, there was sufficient time to secure a warrant of arrest, as the M/V Sweet Pearl was not expected to dock until 7:00 a.m. the following day. Administrative Circular No. 13 allows applications for search warrants even after court hours.
2.
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. ILLUSTRATIVE CASE: G.R. No. 121917 March 12, 1997 ROBIN PADILLA vs. COURT OF APPEALS FACTS: Two (2) bystanders witnessed a hit and run incident and reported the same to the PNP. One of them then chased the vehicle and specific details about the same were relayed to the proper authorities. The PNP then flashed a message to all PNP units with jurisdiction to apprehend the subject vehicle. 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. One of the police officer made the move to confiscate the gun but the accused held the former's hand alleging that the gun was covered by legal papers. 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.
Coast Guard Education and Training Command
Page 38
Maritime Security and Law Enforcement Manual s.2011 The most senior police officer took over the matter and informed the accused that he was being arrested for the hit and run incident. 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 accused, however, arrogantly denied his misdeed and, instead, played with the crowd by holding their hands with one hand and pointing to the police officer with his right hand saying "iyan, kinuha ang baril ko". Because accused's jacket was short, his gesture exposed a long magazine of an armalite rifle tucked in accused 's back right, pocket. 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. Suspecting that the accused could also be carrying a rifle inside the vehicle since he had a magazine, the police prevented the accused from going back to his vehicle by opening himself the door of accused's vehicle. He saw a baby armalite rifle lying horizontally at the front by the accused 's seat. 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. ISSUE: Whether or not the accused was arrested lawfully. HELD: Yes. That the bystander decided to seek the aid of the policemen (who admittedly were nowhere in the vicinity of the hit and run) in effecting accused's arrest, did not in any way affect the propriety of the apprehension. 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. The exigent circumstances of — hot pursuit, a fleeing suspect, a moving vehicle, the public place and the raining nighttime — all created a
Coast Guard Education and Training Command
Page 39
Maritime Security and Law Enforcement Manual s.2011 situation in which speed is essential and delay improvident. The Court acknowledges police authority to make the forcible stop since they had more than mere "reasonable and articulable" suspicion that the occupant of the vehicle has been engaged in criminal activity. Moreover, when caught in flagrante
delicto with possession of an unlicensed firearm (Smith & Wesson) and ammunition (M-16 magazine), accused's warrantless arrest was proper as he was again actually committing another offense (illegal possession of firearm and ammunitions) and this time in the presence of a peace officer. Besides, the policemen's warrantless arrest of accused could likewise be justified under paragraph (b) as he had in fact just committed an offense. There was no supervening event or a considerable lapse of time between the hit and run and the actual apprehension. Moreover, after having stationed themselves at the vicinity where accused was apprehended, in response to the bystander‘s report, the policemen saw for themselves the fast approaching vehicle of the accused, its dangling plate number, and the dented hood and railings thereof. These formed part of the arresting police officer's personal knowledge of the facts indicating that accused's vehicle was indeed the vehicle involved in the hit and run incident. Verily then, the arresting police officers acted upon verified personal knowledge and not on unreliable hearsay information.
3.
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. (Sec. 5, Article 113 of the Revised Rules of Criminal Procedure)
Coast Guard Education and Training Command
Page 40
Maritime Security and Law Enforcement Manual s.2011 PROCEDURE WHEN RESPONDENT IS ARRESTED WITH A WARRANT
ISSUANCE OF WARRANT OF ARREST BY THE JUDGE
THE HEAD OF THE OFFICE TO WHOM THE WARRANT OF ARREST WAS DELIVERED FOR EXECUTION SHALL CAUSE THE WARRANT TO BE EXECUTED WITHIN TEN (10) DAYS FROM RECEIPT
IN CASE THE ARRESTING OFFICER (AO) FAILED TO MAKE AN ARREST---AO SHALL MAKE A RETURN TO JUDGE AND SHALL STATE REASONS FOR SUCH FAILURE W/IN 10 DAYS FROM RECEIPT OF THE WARRANT BY THE AO.
IN CASE THE AO SUCCESSFULLY EXECUTES THE WARRANT OF ARREST, HE SHALL IMMEDIATELY BRING THE SUSPECT TO THE NEAREST DETENTION FACILITY AND THEREAFTER MAKE A RETURN TO THE JUDGE WHO ISSUED THE WARRANT STATING THE CIRCUMSTANCES OF THE ARREST INCLUDING THE REQUEST FOR ISSUANCE OF A COMMITMENT ORDER.
Coast Guard Education and Training Command
Page 41
Maritime Security and Law Enforcement Manual s.2011 HOW TO EXECUTE A WARRANT OF ARREST AO TO INTRODUCE HIMSELF, SHOW PROPER IDENTIFICATION AND MAKE MANIFESTATION OF AUTHORITY ( i.e. this is P02 Subing PCG, member of Operating Team Alpha)
AO SHALL INFORM THE PERSON ARRESTED (PA) THE FF: a) CAUSE OF ARREST b) WARRANT HAS BEEN ISSUED EXCEPT: a) WHEN PA FLEES b) PA FORCIBLY RESIST c) GIVING OF SUCH INFO WILL IMPERIL THE ARREST
SECURE THE PERSON TO BE ARRESTED
CONDUCT THOROUGH SEARCH FOR WEAPONS AND OTHER ILLEGAL MATERIALS ON THE PERSON ARRESTED AND SURROUNDINGS WITHIN HIS IMMEDIATE CONTROL
CONFISCATED EVIDENCE SHALL BE PROPERLY DOCUMENTED (i.e. taking of sample, taking photos, labeling)
AO SHALL INFORM THE PA OF HIS RIGHTS UNDER THE MIRANDA DOCTRINE (i.e. you have the right to remain silent, anything you say can be used against you in the courts of law, and you have the right to have a counsel of your own choice)
SUBJECT THE PA FOR DOCUMENTATION (i.e. thumbmarking, mug shots, taking of initiatory statements, medical examination and record check for other violations)
MAKE A RETURN OF WARRANT TO THE COURT OF ORIGIN W/IN 10 DAYS
DELIVER THE PA TO THE NEAREST CITY OR MUNICIPAL JAIL UPON THE ISSUANCE OF A COMMITMENT ORDER BY THE COURT.
Coast Guard Education and Training Command
Page 42
Maritime Security and Law Enforcement Manual s.2011 PROCEDURE WHEN RESPONDENT IS ARRESTED WITHOUT A WARRANT
Coast Guard Education and Training Command
Page 43
Maritime Security and Law Enforcement Manual s.2011 Other Rules on Arrest: 1.
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.
2.
Arrests should be made on any day of the week and at any time of the day or night.
3.
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.
4.
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;
5.
An arresting officer making a lawful arrest may verbally summon as many persons as he deems necessary to assist him in effecting the arrest.
6.
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.
7.
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.
8.
A person arrested without a warrant shall be immediately brought to the proper Detachment/Station for investigation without unnecessary delay. He shall be subjected to inquest proceedings within the time prescribed in Article 125 of the Revised Penal Code (RPC);
9.
If the person arrested without a warrant waives his right under the provisions of Art. 125 of the Revised Penal Code, the arresting officer shall ensure that the former signs a waiver of detention in the presence of his counsel of choice;
10.
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;
11.
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.
12.
Arrest of female person and child in conflict with the law is covered by a special procedure.
Coast Guard Education and Training Command
Page 44
Maritime Security and Law Enforcement Manual s.2011 13.
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.
Sample Return of Warrant
What are the charges that can be filed against persons resisting arrest? (Resisting arrest is also a crime punishable under the Revised Penal Code) CHARGE Obstruction to fishery enforcers Direct Assault
Indirect Assault
law
LEGAL BASES Section 106, Republic Act 8550 Article 148, Revised Penal Code
Article 149, Revised Penal Code
Coast Guard Education and Training Command
APPLICABILITY Law enforcers of DA and DENR (e.g. deputized fish wardens) Persons in authority or agents of persons in authority (e.g. mayors, heads of Departments, barangay captains and councilors, PNP, PCG, Bantay Dagat) Persons coming to the aid of persons in authority or their agents (e.g. private individuals)
Page 45
Maritime Security and Law Enforcement Manual s.2011 Resistance and disobedience to a person in authority or his agents
Article 151, Revised Penal Code
Persons in authority and their agents, deputized law enforcers
B. SEARCHES AND SEIZURES
I
n general, no search may be conducted by any law enforcement officer against any
person, and no seizure of personal property of a person may be done without any search warrant issued by a competent court. This is in line with the constitutional right of all persons against unreasonable searches and seizures. This
constitutional
prohibition
against
unreasonable searches and seizures is mainly directed against abuses of the government through its agents in the exercise of its powers, particularly police power.
I
t is incumbent for all PCG officers and men
to strive to be protectors of human rights and conduct their MARSLEN Operations within the limits provided by the Constitution and other related laws. Definition of Search Warrant – A search warrant is 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 and bring it before the court. 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.
Properties which are the subject of the offense;
2.
Stolen, embezzled proceeds, or fruits of the offense;
Coast Guard Education and Training Command
Page 46
Maritime Security and Law Enforcement Manual s.2011 3.
Objects including weapons, equipment, and other items used or intended to be used as the means of committing an offense;
4.
Objects that are illegal per se, even if not particularly described in the search warrant, may be seized under the plain view doctrine.
Applications for Search Warrant All applications for Search Warrant shall be approved for filing by the Commanding Officer i.e. Station / Detachment Commander. The application shall indicate the following data: 1.
Office applying for the Search Warrant;
2.
Name of officer-applicant;
3.
Name of the subject, if known;
4.
Address/place(s) to be searched;
5.
Specific statement of things/articles to be seized; and
6.
Sketch of the place to be searched.
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.
Coast Guard Education and Training Command
Page 47
Maritime Security and Law Enforcement Manual s.2011 Time of Search The warrant should be served during daytime, unless there is a provision in the warrant allowing service at any time of the day or night. 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. Prohibited Acts in the Conduct of Search by Virtue of a Search Warrant 1.
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.
2.
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
Coast Guard Education and Training Command
Page 48
Maritime Security and Law Enforcement Manual s.2011 must file, before the issuing court, an application for the extension of the validity period of said search warrant. 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.
Coast Guard Education and Training Command
Page 49
Maritime Security and Law Enforcement Manual s.2011
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.
Coast Guard Education and Training Command
Page 50
Maritime Security and Law Enforcement Manual s.2011
VALID WARRANTLESS SEARCHES AND SEIZURES While in general a search warrant is required before an officer is allowed to conduct a search on the body of a person or in his abode, there are exceptions to the same and the law recognizes the validity of such warrantless searches and seizures. Below are several instances where warrantless searches and seizures are deemed valid.
Coast Guard Education and Training Command
Page 51
Maritime Security and Law Enforcement Manual s.2011 1.
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. ILLUSTRATIVE CASE: PP vs MICHAEL SEMBRANO y CASTRO G.R. No. 185848, August 16, 2010 FACTS: On 26 July 2004, the operatives of the Station Anti-Illegal Drugs (SAID) of the Novaliches Police Station arrested appellant in broad daylight, in the course of a buy-bust operation and after a follow-up search on him. At around 3:00 o‘clock in the afternoon of 26 July 2004, an informant of the police arrived at the SAID of the Novaliches Police Station. The confidential informant relayed information regarding illicit drugs trade operations conducted by a certain Michael Sembrano alias ‗Takol‘ in the area of Gulod in Novaliches, Quezon City. Superintendent (Supt.) Ramon Perez, head of SAID, formed a buy-bust team composed of PO1 Jomar Manaol, SPO1 Cesar Futol, PO1 Kingly James Bagay, PO1 Neil John Dumlao, and PO1 Fernando Salonga. SPO1 Futol prepared the preoperation report for the team. The group then proceeded to Ignacio Street corner Villareal Street in Gulod, Novaliches, Quezon City for the entrapment operation. The group arrived at the designated area at around 3:30 o‘clock in the afternoon. PO1 Manaol was designated poseur-buyer. He was handed two (2) One Hundred Peso bills which he marked with his initials ‗JAM‘ on the lower right side thereof, right below the image of the Philippine Flag. 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. They waited until appellant arrived at around 5:00 o‘clock in the afternoon. Upon appellant‘s arrival, the confidential informant introduced PO1 Manaol to him as an interested buyer of shabu. 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,
Coast Guard Education and Training Command
Page 52
Maritime Security and Law Enforcement Manual s.2011 PO1 Manaol executed their pre-arranged signal and scratched his head. 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. PO1 Bagay was also able to retrieve the buybust money from appellant‘s right hand. 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. Immediately after retrieving the evidence, PO1 Bagay marked the confiscated sachets with his initials KJB. 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. ISSUE: Whether or not the warrantless arrest and the ensuing search made were legal. 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 113, Section 5(a) of the Revised Rules of Court allowing warrantless arrests, to wit:
Section 5. Arrest without warrant; when lawful. – 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. 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.
Coast Guard Education and Training Command
Page 53
Maritime Security and Law Enforcement Manual s.2011 2.
Search of moving vehicles/vessels PCG officers who will conduct the search must have reasonable or probable cause to believe, before the search, that either the motorist is a law offender or they will find the instrumentality or evidence pertaining to a crime in the vehicle to be searched, the vehicle may be stopped and subjected to an extensive search. PROBABLE CAUSE DEFINED: Probable Cause signifies a reasonable ground of suspicion supported by circumstances sufficiently strong in themselves to warrant a cautious man's belief that the person accused is guilty of the offense with which he is charged; It is the existence of such facts and circumstances which could lead a reasonably discreet and prudent man to believe that an offense has been committed and that the items, articles or objects sought in connection with said offense or subject to seizure and destruction by law is in the place to be searched ILLUSTRATIVE CASE: PP, vs BERNARDO TUAZON Y NICOLAS G.R. No. 175783, September 3, 2007 FACTS: In the morning of 7 March 1999, the Antipolo City Police Station received through telephone, a confidential information that a Gemini car bearing plate number PFC 411 would deliver an unspecified amount of shabu in Marville Subdivision, Antipolo City. 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. It was then that PO1 Manuel Padlan (PO1 Padlan) saw a gun tucked on appellant‘s waist. 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. As soon as appellant stepped down from the vehicle, PO3 Bueno saw five plastic sachets on the driver‘s seat, the contents of which appellant allegedly admitted to be shabu. Appellant was thereafter immediately brought to the police station. ISSUE: Whether or not there was a valid search of a moving vehicle
Coast Guard Education and Training Command
Page 54
Maritime Security and Law Enforcement Manual s.2011 HELD: The rules governing search and seizure have over the years been steadily liberalized whenever a moving vehicle is the object of the search on the basis of practicality. 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. We might add that a warrantless search of a moving vehicle is justified on the ground that "it is not practicable to secure a warrant because the vehicle can be quickly moved out of the locality or jurisdiction in which the warrant must be sought." When a vehicle is flagged down and subjected to an extensive search, such a warrantless search has been held to be valid as long as the officers conducting the search have reasonable or probable cause to believe prior to the search that they would find the instrumentality or evidence pertaining to a crime, in the vehicle to be searched. 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
shabu. When they stopped the car, they saw a gun tucked in appellant‘s waist. Appellant did not have any document to support his possession of said firearm which all the more strengthened the police‘s suspicion. After he was told to step out of the car, they found on the driver‘s seat plastic sachets containing white powdery substance. 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. 3.
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;
b.
The discovery of the evidence in plain view is unintentional;
c.
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.
Coast Guard Education and Training Command
Page 55
Maritime Security and Law Enforcement Manual s.2011 ILLUSTRATIVE CASE: OLYMPIO REVALDO vs PEOPLE OF THE PHILIPPINES G.R. No. 170589, April 16, 2009 FACTS: On 18 June 1992, at around 11:00 in the morning, Maceda went with Chief Alejandro Rojas (Rojas), SPO3 Melquiades Talisic (Talisic) and SPO3 Nicasio Sunit (Sunit) to the house of petitioner to verify the report of Sunit that petitioner had in his possession lumber without the necessary documents. 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. For coordination purposes, Maceda informed the office of the Department of Environment and Natural Resources (DENR) of the confiscated lumber. The DENR entrusted to the police custody of the lumber. ISSUE: Whether or not there was a valid seizure under the ―plain view doctrine‖. HELD: Yes. 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. When the police officers arrived at the house of petitioner, the lumbers were lying around the vicinity of petitioner‘s house. The lumbers were in plain view. Under the plain view doctrine, objects falling in "plain view" of an officer who has a right to be in the position to have that view are subject to seizure and may be presented as evidence. The "plain view" doctrine applies when the following requisites concur: (a) the
law enforcement officer in search of the evidence has a prior justification for an intrusion or is in a position from which he can view a particular area; (b) the discovery of the evidence in plain view is inadvertent; (c) it is immediately apparent to the officer that the item he observes may be evidence of a crime, contraband or otherwise subject to seizure. 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.
Coast Guard Education and Training Command
Page 56
Maritime Security and Law Enforcement Manual s.2011 4.
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. ILLUSTRATIVE CASE: PP vs. AGUSTIN SOTTO, RADEL MONTECILLO and ALEX MONTECILLO G.R. No. 106099 July 8, 1997 FACTS: Complainant Nida and her eleven year-old brother, Maximo, were walking towards the poblacion of Sogod, Cebu at around 5:30 A.M. on May 2, 1989. They planned to buy goods in the town for Nida's store in Pansoy, Sogod, Cebu. 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 P1,900.00. 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 ran away but was shot by this masked man whom Nida recognized as appellant through the similarity in the assailant's and herein appellant's physique, height, general appearance and other physical features. 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 authorities wasted no time and on that very same day, they arrested the Montecillo brothers in their residence at around nine o'clock in the morning.
Coast Guard Education and Training Command
Page 57
Maritime Security and Law Enforcement Manual s.2011 After a search was conducted on the persons of Radel and Alex, a policeman discovered and retrieved the amount of more than P600.00 each from the underwear of the Montecillo brothers. 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. Before proceeding to appellant's house, Comaingking ordered two of his men to invite Obdulio Bregente, Barangay Captain of Ibabao, to stand as a witness to the impending search. Comaingking, Bregente and several policemen arrived at the house of appellant at around 4:00 A.M. on May 3, 1989 and found appellant walking around in front of his house. 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. The child pointed to a partition in the double walling of appellant's bedroom and there, inserted between the sawali walls of the room, a .38 caliber revolver was discovered by Pat. Arnado. ISSUE: Whether or not there was a valid waiver of the right or a consented search. 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 .38 caliber revolver is admissible in evidence against him. Appellant's bare assertion that he objected to the warrantless search is a feeble afterthought to exculpate himself after realizing the damaging consequence of his approval. 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.
Coast Guard Education and Training Command
Page 58
Maritime Security and Law Enforcement Manual s.2011 5.
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. ILLUSTRATIVE CASE: SUSAN ESQUILLO Y ROMINES, vs PEOPLE G.R. No. 182010, August 25, 2010 FACTS OF THE CASE: On the basis of an informant‘s tip, PO1 Cruzin, together with PO2 Angel Aguas (PO2 Aguas), proceeded at around 4:00 p.m. on December 10, 2002 to Bayanihan St., Malibay, Pasay City to conduct surveillance on the activities of an alleged notorious snatcher operating in the area known only as "Ryan." As PO1 Cruzin alighted from the private vehicle that brought him and PO2 Aguas to the target area, he glanced in the direction of petitioner who was standing three meters away and seen placing inside a yellow cigarette case what appeared to be a small heat-sealed transparent plastic sachet containing white substance. 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. After apprising petitioner of her constitutional rights, PO1 Cruzin confiscated the plastic sachet on which he marked her initials "SRE." With the seized item, petitioner was brought for investigation to a Pasay City Police Station where P/Insp. Aquilino E. Almanza, Chief of the Drug Enforcement Unit, prepared a memorandum dated December 10, 2002 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. PO1 Cruzin and PO2 Aguas soon executed a Joint Affidavit of Apprehension recounting the details of their intended surveillance and the circumstances leading to petitioner‘s arrest. ISSUE: Whether or not her warrantless arrest was legal. Whether or not there was a valid search under the stop and frisk rule.
Coast Guard Education and Training Command
Page 59
Maritime Security and Law Enforcement Manual s.2011 HELD: Yes. "Stop-and-frisk" operation – The acts of a police officer to stop a citizen on the street, interrogate him, and pat him for weapon(s) or contraband. The police officer should properly introduce himself and make initial inquiries, approach and restrain a person who manifests unusual and suspicious conduct, in order to check the latter‘s outer clothing for possibly concealed weapons. The apprehending police officer must have a genuine reason, in accordance with the police officer‘s experience and the surrounding conditions, to warrant the belief that the person to be held has weapons (or contraband) concealed about him. It should therefore be emphasized that a search and seizure should precede the arrest for this principle to apply. 6.
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. ILLUSTRATIVE CASE: PP vs ROLANDO DE GRACIA Et. Al., G. R. Nos. 102009-10, July 6, 1994 FACTS OF THE CASE: At around 6:30 A.M. of December 5, 1989, a searching team composed of F/Lt. Virgilio Babao as team leader, M/Sgt. Lacdao, Sgt. Magallion, Sgt. Patricio Pacatang, and elements of the 16th Infantry Battalion under one Col. delos Santos raided the Eurocar Sales Office. They were able to find and confiscate six cartons of M-16 ammunition, five bundles of C-4 dynamites, M-shells of different calibers, and "molotov" bombs inside one of the rooms belonging to a certain 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. As a result of the raid, the team arrested appellant, as well as Soprieso Verbo and Roberto Jimena who were janitors at the Eurocar building. They were then made to sign an inventory, written in Tagalog, of the explosives and ammunition confiscated by the raiding team. No search warrant was secured by the raiding team because, according to them, at that time there was so much disorder considering that the nearby Camp Aguinaldo was being mopped up by the rebel forces and there was simultaneous firing within the vicinity of the Eurocar office, aside from the fact that the courts were consequently closed.
Coast Guard Education and Training Command
Page 60
Maritime Security and Law Enforcement Manual s.2011 On February 22, 1991, the trial court rendered judgment acquitting appellant Rolando de Gracia of attempted homicide, but found him guilty beyond reasonable doubt of the offense of illegal possession of firearms in furtherance of rebellion, Hence the appeal. ISSUE: whether or not there was a valid search and seizure in this case. HELD: Yes. Under the foregoing circumstances, it is our considered opinion that the instant case falls under one of the exceptions to the prohibition against a warrantless search. In the first place, the military operatives, taking into account the facts obtaining in this case, had reasonable ground to believe that a crime was being committed. There was consequently more than sufficient probable cause to warrant their action. Furthermore, under the situation then prevailing, the raiding team had no opportunity to apply for and secure a search warrant from the courts. The trial judge himself manifested that on December 5, 1989 when the raid was conducted, his court was closed. Under such urgency and exigency of the moment, a search warrant could lawfully be dispensed with. 7.
Tipped Information If a PCG officer has reasonable grounds to believe that the subjects are engaged in illegal activities, the tipped information is sufficient to provide probable cause to effect a warrantless search and seizure. ILLUSTRATIVE CASE: PP, vs LITA AYANGAO y BATONG-OG, G.R. No. 142356 April 14, 2004. FACTS : Two weeks before August 13, 1999, PO3 Bienvenido Sagum and PO3 Nestor A. Galvez, members of the Criminal Detection and Intelligence Group based at Diamond Subdivision, Balibago, Angeles City, received information from one of their informants that a certain woman from Mountain Province delivers dried marijuana leaves for sale at Sapang Biabas, Mabalacat, Pampanga to some drug pushers.
Coast Guard Education and Training Command
Page 61
Maritime Security and Law Enforcement Manual s.2011 At around 5:00 o‘clock in the morning of August 13, 1999, their informant went to their headquarters and informed them that their suspect is due to arrive at Sapang Biabas, Mabalacat. PO3 Sagum and PO3 Galvez, together with the informant, immediately went to Sapang Biabas and parked their car near the entrance of the road going to Sapang Biabas. While they were in their car, the informer pointed to them a woman bearing the same description given by the former. The woman alighted from the tricycle and subsequently loaded two sacks with camote fruits on top. The two officers proceeded to the place where the woman was and noticed marijuana dried leaves protruding through a hole of one of the sacks. Sagum and Galvez introduced themselves as police officers and requested the woman to put out the contents of the said sacks. The sacks yielded sweet potatoes mixed with 15 brick-like substance wrapped in brown paper and masking tape. A brick, which was damaged on the side and in plain view of the officers revealed dried marijuana leaves. ISSUE: Whether or not tipped information is sufficient probable cause to effect a warrantless search. HELD: This Court has already ruled that tipped information is sufficient probable cause to effect a warrantless search. Although the apprehending officers received the tip two weeks prior to the arrest, they could not be faulted for not applying for a search warrant inasmuch as the exact date of appellant‘s arrival was not known by the informant. In the present case, the informant arrived at the police station at 5:00 A.M. on August 13, 1999 and informed the officers that the appellant would be arriving at 6:00 A.M. (just an hour later) that day. The circumstances clearly called for an immediate response from the officers. In People vs. Valdez, this Court upheld the validity of the warrantless arrest and corresponding search of accused Valdez as the officer made the arrest on the strength of a similar on-the-spot tip. In the case at bar, though all other pertinent details were known by the officers except the date, they could not have applied for a search warrant since the validity of a warrant was only for 10 days. Considering that the officers did not know when the appellant was going to arrive, prudence made them act the way they did. FRUIT OF A POISONOUS TREE DOCTRINE: The above doctrine is based on the libertarian exclusionary rule known as the
"fruit of the poisonous tree," a phrase minted by Mr. Justice Felix Frankfurter in the celebrated case of Nardone v. United States. According to this rule, once the
Coast Guard Education and Training Command
Page 62
Maritime Security and Law Enforcement Manual s.2011 primary source (the "tree") is shown to have been unlawfully obtained, any
secondary or derivative evidence (the "fruit") derived from it is also inadmissible. The rule is based on the principle that evidence illegally obtained by the State should not be used to gain other evidence because the originally illegally obtained evidence taints all evidence subsequently obtained. ILLUSTRATIVE CASE: PP vs. JACK RACHO y RAQUERO G.R. No. 186529 August 3, 2010 FACTS: On May 19, 2003, a confidential agent of the police transacted through cellular phone with appellant for the purchase of shabu. The agent reported the transaction to the police authorities who immediately formed a team to apprehend the appellant. On May 20, 2003, at 11:00 a.m., appellant called up the agent with the information that he was on board a Genesis bus and would arrive in Baler, Aurora anytime of the day wearing a red and white striped Tshirt. The team members posted themselves along the national highway in Baler, Aurora, and at around 3:00 p.m. of the same day, a Genesis bus arrived in Baler. When appellant alighted from the bus, the confidential agent pointed to him as the person he transacted with, and when the latter was about to board a tricycle, the team approached him and invited him to the police station as he was suspected of carrying shabu. When he pulled out his hands from his pants’ pocket, a white envelope slipped therefrom which, when opened, yielded a small sachet containing the suspected drug. The team then brought appellant to the police station for investigation and the confiscated specimen was marked in the presence of appellant. The field test and laboratory examinations on the contents of the confiscated sachet yielded positive results for methamphetamine hydrochloride. ISSUE: Whether or not the arrest and the subsequent warrantless search to herein accused were legal. Whether or not the evidence is inadmissible for being fruits of poisonous tree. HELD: Recent jurisprudence holds that in searches incident to a lawful arrest, the arrest must precede the search; generally, the process cannot be reversed. Nevertheless, a search substantially contemporaneous with an arrest can precede the arrest if the police have probable cause to make the arrest at the outset of
Coast Guard Education and Training Command
Page 63
Maritime Security and Law Enforcement Manual s.2011 the search. Thus, given the factual milieu of the case, we have to determine whether the police officers had probable cause to arrest appellant. Although probable cause eludes exact and concrete definition, it ordinarily signifies a reasonable ground of suspicion supported by circumstances sufficiently strong in themselves to warrant a cautious man to believe that the person accused is guilty of the offense with which he is charged. Clearly, what prompted the police to apprehend appellant, even without a warrant, was the tip given by the informant that appellant would arrive in Baler, Aurora carrying shabu. This circumstance gives rise to another question: whether that information, by itself, is sufficient probable cause to effect a valid warrantless arrest. The long standing rule in this jurisdiction is that "reliable information" alone is not sufficient to justify a warrantless arrest. The rule requires, in addition, that the accused perform some overt act that would indicate that he has committed, is actually committing, or is attempting to commit an offense. Appellant herein was not committing a crime in the presence of the police officers. Neither did the arresting officers have personal knowledge of facts indicating that the person to be arrested had committed, was committing, or about to commit an offense. At the time of the arrest, appellant had just alighted from the Gemini bus and was waiting for a tricycle. Appellant was not acting in any suspicious manner that would engender a reasonable ground for the police officers to suspect and conclude that he was committing or intending to commit a crime. Were it not for the information given by the informant, appellant would not have been apprehended and no search would have been made, and consequently, the sachet of shabu would not have been confiscated. Neither were the arresting officers impelled by any urgency that would allow them to do away with the requisite warrant. As testified to by Police Officer 1 Aurelio Iniwan, a member of the arresting team, their office received the "tipped information" on May 19, 2003. They likewise learned from the informant not only the appellant‘s physical description but also his name. Although it was not certain that appellant would arrive on the same day (May 19), there was an assurance that he would be there the following day (May 20). Clearly, the police had ample opportunity to apply for a warrant. Obviously, this is an instance of seizure of the "fruit of the poisonous tree," hence, the confiscated item is inadmissible in evidence consonant with Article III, Section 3(2) of the 1987 Constitution, "any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.".
Coast Guard Education and Training Command
Page 64
Maritime Security and Law Enforcement Manual s.2011 HARRY S. STONEHILL vs.HON. JOSE W. DIOKNO G.R. No. L-19550
June 19, 1967
FACTS: Several judges issued a total of 42 search warrants against petitioners herein and/or the corporations of which they were officers, directed to the any peace officer, to search the persons above-named and/or the premises of their offices, warehouses and/or residences, and to seize and take possession of the following personal property to wit:
Books of accounts, financial records, vouchers, correspondence, receipts, ledgers, journals, portfolios, credit journals, typewriters, and other documents and/or papers showing all business transactions including disbursements receipts, balance sheets and profit and loss statements and Bobbins (cigarette wrappers). as "the subject of the offense; stolen or embezzled and proceeds or fruits of the offense," or "used or intended to be used as the means of committing the offense," which is described in the applications adverted to above as "violation of Central Bank Laws, Tariff and Customs Laws, Internal Revenue (Code) and the Revised Penal Code." Consequently, search and seizure was effected at the residence and offices of herein petitioners based on the aforesaid search warrants. ISSUE:
Whether the search warrants in question, and the searches and seizures made under the authority thereof, are valid or not, and
Whether said documents, papers and things may be used in evidence against petitioners herein.
HELD:
No. In this connection, the Constitution provides: The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated, and no warrants shall issue but upon probable cause, to be determined by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched, and the persons or things to be seized.
Coast Guard Education and Training Command
Page 65
Maritime Security and Law Enforcement Manual s.2011 Two points must be stressed in connection with this constitutional mandate, namely: (1) that no warrant shall issue but upon probable cause, to be determined by the judge in the manner set forth in said provision; and (2) that the warrant shall particularly describe the things to be seized. None of these requirements has been complied with in the contested warrants. Indeed, the same were issued upon applications stating that the natural and juridical person therein named had committed a "violation of Central Ban Laws, Tariff and Customs Laws, Internal Revenue (Code) and Revised Penal Code." In other words, no specific offense had been alleged in said applications. The averments thereof with respect to the offense committed were abstract. As a consequence, it was impossible for the judges who issued the warrants to have found the existence of probable cause, for the same presupposes the introduction of competent proof that the party against whom it is sought has performed particular acts, or committed specific omissions, violating a given provision of our criminal laws. As a matter of fact, the applications involved in this case do not allege any specific acts performed by herein petitioners. It would be the legal heresy, of the highest order, to convict anybody of a "violation of Central Bank Laws, Tariff and Customs Laws, Internal Revenue (Code) and Revised Penal Code," — as alleged in the aforementioned applications — without reference to any determinate provision of said laws or The grave violation of the Constitution made in the application for the contested search warrants was compounded by the description therein made of the effects to be searched for and seized, to wit:
Books of accounts, financial records, vouchers, journals, correspondence, receipts, ledgers, portfolios, credit journals, typewriters, and other documents and/or papers showing all business transactions including disbursement receipts, balance sheets and related profit and loss statements. Thus, the warrants authorized the search for and seizure of records pertaining to all business transactions of petitioners herein, regardless of whether the transactions were legal or illegal. The warrants sanctioned the seizure of all records of the petitioners and the aforementioned corporations, whatever their nature, thus openly contravening the explicit command of our Bill of Rights — that the things to be seized be particularly described — as well as tending to defeat its major objective: the elimination of general warrants.
Coast Guard Education and Training Command
Page 66
Maritime Security and Law Enforcement Manual s.2011 
No. The non-exclusionary rule is contrary, not only to the letter, but also, to the spirit of the constitutional injunction against unreasonable searches and seizures. To be sure, if the applicant for a search warrant has competent evidence to establish probable cause of the commission of a given crime by the party against whom the warrant is intended, then there is no reason why the applicant should not comply with the requirements of the fundamental law. Upon the other hand, if he has no such competent evidence, then it is not possible for the Judge to find that there is probable cause, and, hence, no justification for the issuance of the warrant. The only possible explanation (not justification) for its issuance is the necessity of fishing evidence of the commission of a crime. But, then, this fishing expedition is indicative of the absence of evidence to establish a probable cause.
PP vs. ROSA ARUTA G.R. No. 120915 April 3, 1998 FACTS: A police officer was tipped off by his informant that a certain "Aling Rosa" would be arriving from Baguio City the following day with a large volume of marijuana. Acting on said tip, a team to apprehend the accuse was created. Said team proceeded to the area where accused is supposed to pass. While thus positioned, two females and a male got off from a bus right within the vision of the team. It was at this stage that the informant pointed out to the team "Aling Rosa" who was then carrying a traveling bag. Having ascertained that accused was "Aling Rosa," the team approached her and introduced themselves as NARCOM agents. When the police officer asked "Aling Rosa" about the contents of her bag, the latter handed it to the former. Upon inspection, the bag was found to contain dried marijuana leaves packed in a plastic bag. The team confiscated the bag and accused was then brought to the NARCOM office for investigation where a Receipt of Property Seized was prepared for the confiscated marijuana leaves. Upon examination of the seized marijuana specimen, the same yielded positive results for marijuana, a prohibited drug. ISSUE: Whether or not the items seized from the accused can be used as evidence in court.
Coast Guard Education and Training Command
Page 67
Maritime Security and Law Enforcement Manual s.2011 HELD: No. The arrest being incipiently illegal, it logically follows that the subsequent search was similarly illegal, it being not incidental to a lawful arrest. The constitutional guarantee against unreasonable search and seizure must perforce operate in favor of accused-appellant. As such, the articles seized could not be used as evidence against accused-appellant for these are "fruits of a poisoned tree" and, therefore, must be rejected, pursuant to Article III, Sec. 3(2) of the Constitution. Emphasis is to be laid on the fact that the law requires that the search be incidental to a lawful arrest, in order that the search itself may likewise be considered legal. Therefore, it is beyond cavil that a lawful arrest must precede the search of a person and his belongings. Where a search is first undertaken, and an arrest effected based on evidence produced by the search, both such search and arrest would be unlawful, for being contrary to law. The exclusion of such evidence is the only practical means of enforcing the constitutional injunction against unreasonable searches and seizure. The nonexclusionary rule is contrary to the letter and spirit of the prohibition against unreasonable searches and seizures. Unreasonable searches and seizures are the menace against which the constitutional guarantees afford full protection. While the power to search and seize may at times be necessary to the public welfare, still it may be exercised and the law enforced without transgressing the constitutional rights of the citizens, for the enforcement of no statute is of sufficient importance to justify indifference to the basic principles of government. There are also other instances such as failure to properly appraise the accused of his rights during custodial investigation which may also result to inadmissibility as evidence of all statements the suspect may have made during said investigation. The same will be extensively discussed under the topic on custodial investigation. PCG officers and men are thus reminded to always bear in mind that the exercise of police power must be coupled with recognition and respect of the constitutional rights of the accused so that the ends of justice may be best served.
Coast Guard Education and Training Command
Page 68
Maritime Security and Law Enforcement Manual s.2011 C. CUSTODIAL INVESTIGATION
Custodial Investigation is the stage wherein a person (suspect) undergoes questioning initiated by a law enforcement officer after that person (suspect) has been taken into custody or otherwise deprived of his freedom of action in any significant way. 1.
Duties of the Law Enforcement Officer during Custodial Investigation a.
The arresting officer, or the investigator, as the case may be, shall ensure that a person arrested, detained or under custodial investigation shall, at all times, be assisted by a counsel, preferably of his own choice;
b.
The arresting officer, or the investigator, as the case may be, must inform the person arrested, detained or under custodial investigation of the following rights under the Miranda Doctrine in a language or dialect known to and understood by him; i.
That he has the right to remain silent;
ii.
That if he waives his right to remain silent, anything he says can be used in evidence against him in court;
iii.
That he has the right to counsel of his own choice; and
iv.
That if he cannot afford one, he shall be provided with an independent and competent counsel; and
v. c.
That he has the right to be informed of such rights.
If the person arrested, detained or under custodial investigation opted to give a sworn statement, the arresting officer or the investigator, as the case may be, must reduce it in writing.
Coast Guard Education and Training Command
Page 69
Maritime Security and Law Enforcement Manual s.2011 d.
The arresting officer must ensure that, before the sworn statement is signed, or thumbed-marked, if there is inability to read and to write, the document shall be read and adequately explained to the person arrested, detained or under custodial investigation by his counsel of choice, or by the assisting counsel provided to him, in the language or dialect known to him;
e.
The arresting officer, or the investigator, as the case may be, must ensure that any extrajudicial confession made by a person arrested, detained or under custodial investigation shall be : i.
In writing;
ii.
Signed by such person in the presence of his counsel; or
iii.
In the latter‘s absence, upon a valid waiver, and in the presence of any of the parents, elder
brothers and sisters, his spouse, the
municipal mayor, the municipal judge, district school supervisor, priest, imam or religious minister chosen by him. Failure of the arresting officer, or the investigator, to observe the above mentioned procedures shall render the extrajudicial confession inadmissible as evidence in any proceeding; ILLUSTRATIVE CASE: PEOPLE OF THE PHILIPPINES, vs. RODOLFO DE LA CRUZ G.R. Nos. 118866-68 September 17, 1997. FACTS: In the early evening of June 23, 1992, the lifeless bodies of Teodorico M. Laroya, Jr. and his children, 12-year old Karen Verona D. Laroya and 10year old John Lester D. Laroya, were discovered in their residence at 13 Emerald Street, Greenpark Village, Cainta, Rizal by their horrified neighbors. The star-crossed trio were all bloodied consequent to numerous stab wounds, and each of them had a knife still embedded in and protruding from their bodies when found. Karen Verona also bore external signs of sexual assault. None of their neighbors, however, witnessed the gruesome murders. On June 27, 1992, the police authorities apprehended appellant at the house of his brother in Fort Bonifacio. SPO1 Carlos R. Atanacio, Jr., a member of the Cainta Police Station in Cainta, Rizal interrogated appellant regarding the crimes on the same day that he was arrested.
Coast Guard Education and Training Command
Page 70
Maritime Security and Law Enforcement Manual s.2011 The said police officer declared in court that before he questioned appellant as to his participation in said crimes, all steps were undertaken to completely inform the latter of his rights and this he did in the presence of appellant's supposed counsel, one Atty. Lorenza Bernardino-Villanueva. Appellant then signed, likewise in the presence of said counsel, an extrajudicial confession wherein he narrated in detail how he allegedly snuffed out the lives of the victims. When presented as the lone witness for himself during the trial, appellant was observed by the trial court to be afflicted with a problem in expressing himself and an impediment in his speech (ngo-ngo). By appellant's own account, he only reached the fourth grade of elementary schooling and, although conversant with Tagalog, he is unable to read and write, although he can sign his name. He bluntly repudiated the version of SPO1 Atanacio, Jr. and insisted that he was never assisted by any counsel of his choice, much less met said Atty. Lorenza Bernardino-Villanueva, when he was interrogated at the police headquarters in Cainta, Rizal and signed his supposed extrajudicial confession. Parenthetically, his answers to the questions appearing therein are in surprisingly fluent, flawless and expressive Tagalog, which could not have been done by him because of his defect in speech and articulation. ISSUE: Whether or not the extrajudicial confession taken during the custodial investigation is valid and whether or not the same is admissible in evidence. HELD: No. Section 12, paragraph 1, of Article III of the Constitution requires that "any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have independent counsel preferably of his own choice. If the person cannot afford the services of counsel, he must be provided with one. These rights
cannot be waived except in writing and in the presence of counsel." Corollary thereto, paragraph 3 thereof declares that any confession or admission obtained in violation of the same shall be inadmissible in evidence against the confessant. An accused person must be informed of the rights set out in said paragraph of Section 12 upon being held as a suspect and made to undergo custodial investigation by the police authorities. As explained by this Court in People
vs. Marra, custodial investigation involves any questioning initiated
Coast Guard Education and Training Command
Page 71
Maritime Security and Law Enforcement Manual s.2011 by law enforcement authorities after a person is taken into custody or otherwise deprived of his freedom of action in any significant manner. And, the rule begins to operate at once as soon as the investigation ceases to be a general inquiry into an unsolved crime and direction is then aimed upon a particular suspect who has been taken into custody and to whom the police would then direct interrogatory question which tend to elicit incriminating statements. In the present case, SPO1 Atanacio, Jr., admitted in his testimony before the lower court that the investigation of appellant in connection with the murders actually commenced at around 9:00 A.M. on June 27, 1992 at the police headquarters in Cainta, Rizal, at the time when appellant was still without counsel. The sworn statement containing appellant's extrajudicial confession itself shows that it was taken at around 11:00 A.M. Further, while SPO1 Atanacio, Jr. informed appellant in Tagalog of his right to remain silent, that any statement he made could be used for or against him in any court, and that he could have counsel preferably of his own choice, he nonetheless failed to tell appellant that if the latter could not afford the services of counsel, he could be provided with one.
The foregoing lapses on the part of the police authorities are all fatal to the admissibility of the extrajudicial confession supposedly executed by appellant before SPO1 Atanacio, Jr. Jurisprudence along these lines have all been too consistent — an accused under custodial interrogation must continuously have a counsel assisting him from the very start thereof. Indeed, Section 12, Article III of the Constitution, could not be any clearer. To reiterate, prior to the commencement of the investigation, the accused must perforce be informed, on top of all his other rights enumerated therein, that where he lacks a counsel of his choice because of indigence or other incapacitating cause, he shall be provided with one. Without this further safeguard, the cautionary right to counsel would merely impress upon the accused, more so upon an impecunious person like appellant who is hardly educated, that his right thereto would mean simply that he can consult a lawyer if he has one or has the financial capacity to obtain legal services, and nothing more. f.
The arresting officer, or the investigator, as the case may be, must, under established regulations, allow the person arrested, detained or under custodial investigation, visits by or conferences with any member of his immediate family, any medical doctor, priest, imam or religious minister
Coast Guard Education and Training Command
Page 72
Maritime Security and Law Enforcement Manual s.2011 chosen by him or any member of his immediate family or by his counsel , or by any local non-governmental organization (NGO) duly accredited by the Commission on Human Rights (CHR) or by any international NGO duly accredited by the Office of the President. His “immediate family� shall include his spouse, parent or child, brother or sister, grandparent or grandchild, uncle or aunt, nephew or niece, and guardian or ward; and g.
After interrogation, person under custodial investigation shall have the right to be informed of his right to demand physical examination by an independent and competent doctor of his own choice. If he cannot afford the services of a doctor of his own choice, he shall be provided by the State with a competent and independent doctor to conduct physical examination. If the person arrested is female, she shall be attended to preferably by a female doctor. The physical examination of the person under custodial investigation shall be contained in a medical report, which shall be attached to the custodial investigation report.
DETENTION The following are the policies and procedures in the admission, visitation and release of detainees: a.
Admission The following can be detained/admitted in the Detention/Custodial Center: i.
Any person arrested due to the commission of a crime/s ;
ii.
Arrested suspects covered by a Commitment Order; and
iii.
Arrested suspects who are under custodial investigation. However, under no circumstances should the arrested suspects under custodial investigation be held in the detention center beyond the prescribed reglementary period, unless, while in custody, appropriate charges have been filed and the Commitment Order has been issued by the court concerned or he signed the required waiver of the rights under the provisions of Article 125 of the Revised Penal Code (RPC).
b.
Requirements for Admission Prior to the admission of arrested suspect, the following mandatory requirements shall be submitted to the Commanding Officer (CO), Detention/Custodial Center;
Coast Guard Education and Training Command
Page 73
Maritime Security and Law Enforcement Manual s.2011 i.
Request for Custody by the arresting unit or the Commitment Order from the Court;
ii.
Proof of medical examination or medical certificate of the detainee to be provided by the arresting unit requesting for custody; and
iii.
Case folder of the detainee containing the accomplished booking sheet for the arrested suspect and the Information filed with the Prosecutor‘s Office.
c.
Visitation Any person arrested and detained in the Detention/Custodial Center shall be allowed visits by or conferences with any member of his immediate family, or any medical doctor or priest or religious minister chosen by him or by any member of his immediate family or by his counsel or by any local NGO duly accredited by the CHR or by any international NGO duly accredited by the Office of the President, subject to the following conditions: i.
The CO, Detention/Custodial Center or his duly authorized representative is authorized to apportion the number of visitors per detainee at any given time as the space of the visitor‘s area may allow.
ii.
With respect to detainee‘s family members, public and/or pertinent document must be presented to prove the relationship with the detainee.
iii.
Visitors wearing the color of the detainee‘s uniform shall be advised to wear other colors.
iv.
The Custodial Center, an informal and temporary penal facility for arrested suspects, shall not allow conjugal visits for detention prisoners.
v.
The counsel of the accused has the right to visit the latter subject to the existing security rules and regulations of the Center.
d.
vi.
No camera, video equipment, cellular phone and similar devices are allowed inside the visiting area.
vii.
All visitors shall be frisked for deadly weapons, firearms and other prohibited items.
Transfer of Custody Upon receipt of the Commitment Order from the court, the CO, Detention/Custodial Center shall personally or through any of his
Coast Guard Education and Training Command
Page 74
Maritime Security and Law Enforcement Manual s.2011 authorized representative, coordinate with the issuing court to ascertain the validity of the order. Upon confirmation, the CO, Detention/Custodial Center must coordinate with the receiving detention facility for the immediate transfer of custody. Prior to the transfer of custody, the arrested person shall be subjected to a medical examination by a medico-legal officer or any government physician. Medical examination is mandatory before any transfer of custody of arrested persons. e.
Release i.
The Chief of Office shall be the sole approving authority in releasing detention prisoners upon orders coming from the court having cognizance of the case as the case may be.
ii.
Upon receipt of the Release Order from the court, the CO, Detention/Custodial
Center
shall
personally
or
through
his
authorized representative, coordinate with the issuing court to ascertain the validity of the order. iii.
Upon confirmation, the CO, Detention/Custodial Center must coordinate with the arresting unit if there are other legal impediments to the release.
iv.
The CO, Detention/Custodial Center shall likewise check with the PNP Directorate for Investigation and Detective Management (DIDM)‘s Arrest and Warrant Registry to determine if the detainee to be released has other pending warrants of arrest.
v.
Granting that all documents are legally in order, the CO, Detention/Custodial Center shall prepare the memorandum addressed to the Chief of Office for the approval of the release.
vi.
If there are valid grounds to sustain further detention, the Chief of Office in coordination with the arresting unit, will prepare the appropriate manifestation to the court containing therein the ground/s for objection.
vii.
Prior
to
the
official
release
of
the
detainee,
the
CO,
Detention/Custodial Center must bring the detainee to a health unit for medical examination, which shall form part of the records/case folder of the subject detainee. viii. The Property or Evidence Custodian Officer shall be responsible in the custody of all the properties seized from the detainee prior to his
Coast Guard Education and Training Command
Page 75
Maritime Security and Law Enforcement Manual s.2011 detention. The former shall release the same to the detainee immediately upon his discharge from detention. f.
Segregation of Detainees As much as practicable, detainees must be segregated according to gender and to the classification of crimes committed.
HOW TO CONDUCT CUSTODIAL INVESTIGATION The Investigator shall ensure that the person in custody is assisted by counsel, preferably of his own choice
Inform the suspect of his rights under the Miranda Doctrine
Sworn statement executed by the suspect must be reduced in writing and its implications must be thoroughly explained in a language understood by the suspect before the latter affixes his signature or thumbmark therein. (See PCG Form I)
Extrajudicial Confessions must be in writing and signed in the presence of the counsel
Allow visitation and conferences with counsel and immediate family
Inform the suspect of his right to have physical examination which shall be stated in a medical report.
D. INQUEST PROCEEDINGS
A
fter a warrantless arrest has been effected and the accused was taken into custody for initial investigation, the arresting team and/or legal team shall then
prepare their affidavit of arrest, complaint-affidavit and gather other supporting documents. Filing of appropriate charges before the prosecutor means putting the arrested person under the jurisdiction of the court. Simultaneously, the accused shall be presented to the fiscal for inquest proceedings.
Coast Guard Education and Training Command
Page 76
Maritime Security and Law Enforcement Manual s.2011 Inquest Proper – shall refer to an informal and summary investigation conducted by a public prosecutor in criminal cases involving persons arrested and detained without the benefit of a warrant issued by the court for the purpose of determining whether or not said persons should remain under custody and correspondingly be charged in court. Commencement of Inquest - The inquest proceedings shall commence upon the presentation of arrested person by the arresting officer before the inquest prosecutor. The concerned arresting officer shall also submit the following documents: 1.
Affidavit of Arrest;
2.
Statement(s) of the complainant(s) if any;
3.
Affidavit(s) of the witness (es) if any; and
4.
Other supporting evidence gathered by law enforcement authorities in the course of their investigation of the criminal incident involving the arrested person.
Documents to Be Submitted The investigator shall ensure that, as far as practicable, the following documents shall be presented during the inquest proceedings: 1.
2.
Murder, Homicide and Parricide: a.
Certified true/machine copy of the certificate of death of the victim; and
b.
Necropsy Report and the certificate of Post-Mortem Examination, if readily available.
Frustrated or Attempted Homicide, Murder, Parricide, and Physical Injuries Cases: a.
Medical Certificate of the complaining witness showing the nature or extent of the injury;
3.
b.
Certification or statement as to the duration of the treatment or medical attendance; and
c.
Certificate or statement as to duration of incapacity for work.
Violations of the Dangerous Drugs Law: a.
Chemistry Report or Certificate of Laboratory Examination duly signed by the forensic chemist or other duly authorized officer;
4.
b.
Machine copy or photograph of the buy-bust money; and
c.
Affidavit of Poseur-Buyer/Arresting Officer.
Theft and Robbery Cases, Violation of the Anti-Piracy Law, Anti- Highway Robbery Law, and Violation of the Anti-Fencing Law: a.
List/Inventory of the articles and items subject of the offense; and
b.
Statement of their respective value.
Coast Guard Education and Training Command
Page 77
Maritime Security and Law Enforcement Manual s.2011 5.
Rape, Seduction, and Forcible Abduction with Rape Cases: a.
Medico-Legal Report (Living Case Report), if the victim submitted herself for medical or physical examination.
6.
7.
8.
9.
10.
11.
Violation of the Anti-Carnapping Law a.
Machine copy of the certificate of motor vehicle registration;
b.
Machine copy of the current official receipt of payment of the registration fees of the subject motor vehicle; and
c.
Other evidence of ownership.
Violation of the Anti-Cattle Rustling Law: a.
Machine copy of the cattle certificate of registration; and
b.
Picture of the cattle, if readily available.
Violation of Illegal Gambling Law: a.
Gambling paraphernalia;
b.
Cash money, if any.
Illegal Possession of Firearms and Explosives: a.
Chemistry Report duly signed by the forensic chemist; and Photograph of the explosives, if readily available.
b.
Certification from the Firearms and Explosives Office, Civil Security Group, PNP.
Violation of the Fisheries Law: a.
Photograph of the confiscated fish, if readily available;
b.
Certification of the Bureau of Fisheries and Aquatic Resource; and
c.
Paraphernalia and equipment used in illegal fishing.
Violation of the Forestry Law: a.
Scale sheets containing the volume and species of the forest products confiscated, number of pieces and other important details such as estimated value of the products confiscated;
b.
Certification
of
the
Department
of
Environment
and
Natural
Resources/Bureau of Forest Management; and c.
Seizure Receipt.
Waiver of Rights - the accused may demand a preliminary investigation provided he waives the benefits of Art. 125 of the Revised Penal Code. Such waiver must be in
Coast Guard Education and Training Command
Page 78
Maritime Security and Law Enforcement Manual s.2011 writing and must be signed by the accused in the presence of his counsel of his own choice. In this case, the public prosecutor must complete the preliminary investigation
within 15 days from the time of the commencement of the investigation. Sample Request for Preliminary Investigation
Art. 125 of the Revised Penal Code, Delay in the Delivery of Prisoners to Proper Judicial Authorities – It shall be unlawful for any public officer or employee to detain any person for some legal grounds and fail to deliver such person to the proper judicial authorities within the following period: PERIOD 12 hours 18 hours
36 hours
PENALTIES
Light Penalties as defined under RPC
Arresto Menor – imprisonment of 1 to 30 days. Public censure
Prision correccional – imprisonment of 6 months and 1 day to 6 years. Arresto Mayor – imprisonment of 1 month and 1 day to 6 months. Suspension Destierro
Reclusion perpetua – imprisonment of 20 years and 1 day to 40 years.
Correctional Penalties as defined under RPC
Afflictive or Capital Penalties as defined under RPC
Coast Guard Education and Training Command
Page 79
Maritime Security and Law Enforcement Manual s.2011
Reclusion temporal – imprisonment of 12 years and 1 day to 20 years. Perpetual or temporary absolute disqualification Perpetual or temporary special disqualification Prision mayor – imprisonment of 6 years and 1 day to 12 years.
All PCG officers and personnel concerned should always bear in mind the time periods as stated above for the filing of cases in court in order to avoid being charged with violation of Article 125 of the Revised Penal Code.
E. PRELIMINARY INVESTIGATION Definition of Preliminary Investigation – it is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and that the respondent is probably guilty thereof and should be held for trial. Should a detained person, by reason of a warrantless arrest, opt for the conduct of a preliminary investigation, or in the event that the arresting officers failed to file the necessary charges within the reglementary periods as mentioned above, the case will then be regularly filed before the prosecutor‘s office and a preliminary investigation will then be conducted. If after the conduct of preliminary investigation, the investigating prosecutor finds that there is probable cause to hold the respondent for trial, then the corresponding information will be filed in court. Thus it is required that the complaint filed by the concerned PCG officer or personnel must meet the requirements as set forth by the law and must be backed by evidence to ensure proper prosecution of the case against the accused.
F.
FILING OF COMPLAINT OR INFORMATION Upon arrest or apprehension of suspects, the next step for the arresting Coast Guard officers or personnel is to file the necessary criminal complaints against the suspects. Institution of criminal actions may be done in two ways, to wit: 1.
For all offenses where the penalty is four (4) years and below, which does not require preliminary investigation, the criminal action is instituted by the filing of the complaint directly with the Municipal Trial Court or with the Municipal Circuit Trial Court, or with the office of the prosecutor if there is any. In case of Manila and other chartered cities, the complaint is filed with the office of the prosecutor.
Coast Guard Education and Training Command
Page 80
Maritime Security and Law Enforcement Manual s.2011 2.
For offenses where the penalty is four (4) years and one (1) day and above, the criminal action is instituted by the filing of the complaint with the proper officer for the purpose of the conduct of preliminary investigation.
Definition of a Complaint – a complaint is a sworn written statement, charging a person with an offense, subscribed by the offended party, any peace officer or other public officer in charge with the enforcement of the law that was violated. Take note that with the advent of RA 9993, the Philippine Coast Guard has been clothed with law enforcement functions and specifically designated to enforce maritime and other applicable laws, including the Revised Penal Code and other special penal laws within the maritime jurisdiction of the Philippines. It follows therefore that PCG officers and men are now covered with authority to institute criminal actions against criminal elements apprehended by PCG officers in the course of the performance of their law enforcement functions!
Definition of an Information – an information is an accusation in writing, charging a person with an offense, subscribed by the prosecutor and filed with the court.
Coast Guard Education and Training Command
Page 81
Maritime Security and Law Enforcement Manual s.2011 In general, an information is filed in court by the prosecutor once he determines probable cause against the accused based on the complaint filed. The basic difference between a complaint and information, therefore, is the signatory. Worthy to note that it is the complainant or the police officer or the public officer in charge of the enforcement of the law that was violated who signs the complaint. While it is always the prosecutor who signs the information.
G. SUFFICIENCY OF A COMPLAINT OR INFORMATION A complaint or information is deemed sufficient if all the required elements are present therein. Thus a complaint or information must contain the following: 1. 2.
Name of the accused Designation of the offense
3. 4.
Cause and nature of the accusation Place of the commission of the offense
5.
Date of the commission of the offense
6.
Name of the offended party
Coast Guard Education and Training Command
Page 82
Maritime Security and Law Enforcement Manual s.2011 The PCG officer, usually the investigating officer assigned to the case, is the one who will draft the complaint and as such it is imperative that he or she must know what to put in the complaint in order to avoid dismissal of the case. He or she must know by heart the procedure in the filing of criminal complaints as good prosecution starts with the filing of the proper complaint.
H. PREPARATION OF CASES FOR TRIAL The duty of a PCG officer or enlisted personnel does not end after the arrest of the suspects and filing of the criminal case in court. He must likewise see to it that the said case is successfully prosecuted and conviction of the accused is achieved. Hence the PCG officer or personnel concerned must likewise prepare for trial. 1.
In General. Prior to testifying in a case, the officer or personnel concerned should prepare his testimony in anticipation of logical questions. He should be cognizant of the rules of admissibility and of the evaluation factors that govern the probative value of evidence. The full history of his association with the evidence should be at his fingertips. A careful study of his notes and the records of the case on file with his office will refresh his memory and enable him to select the significant parts of the accumulated data of the investigation. He should be so familiar with his case that at all times he is prepared to use his wits to the best of his advantage, expressing his knowledge upon the issue in a fair, convincing, and forceful manner. He must avoid errors, confusion, and inconsistencies
which may lead to
a
loss of poise and composure and thus undermine the confidence of the court in his credibility. He must know his case well enough to report all facts without reference to notes except data, such as numbers, dates and addresses. A failure to conduct a review of a case will result in misstatements, omissions of material facts, and even contradiction. This is particularly true of those cases which involve events that occurred some months in the past. a.
Why prepare? A case must be properly prepared to withstand the stress and strain of a trial.
b.
Whose problem is the preparation of the case? Some officers think that this is just a problem of the prosecutor handling the case. Actually, it is as much a law enforcement problem because it is our duty to see to it that the guilty is convicted and punished, and the innocent freed.
Coast Guard Education and Training Command
Page 83
Maritime Security and Law Enforcement Manual s.2011 c.
The Partnership. The investigating officer who has lived with the case since its inception must render all assistance to the prosecutor who is responsible for the conduct of the trial.
2.
The Preparation Timetable: a.
Preparation of the Complaint i.
The investigating officer must know the basis for the authority investigate case. At the
same time,
to
the officer should start
the evaluation of his witnesses. ii.
Familiarize yourself with specific violations. The investigating officer must know the elements of each violation so that he can decide whether the facts reported constitute any violation.
iii.
Keep in mind the Statute of Limitations. This is especially true in a series of embezzlements. Find out if the earlier cases have prescribed. Check the dates in chronological order to ensure that the case is not barred by prescription.
b.
Preparation During Investigation i.
Reasonable doubt. a)
The Prosecutor - The prosecutor must prove beyond reasonable doubt (moral certainty) that the accused committed the crime.
b)
The Defense Counsel - The defense counsel does not have to prove innocence. He must only convince the Court that reasonable doubt exists.
c)
The Court -The Court has not worked on the case as the investigating officer has and, therefore, needs strong, convincing evidence to overcome a reasonable doubt as to the guilt of the accused.
ii.
Principal Rules of Evidence. –The investigator must know the principal rules of evidence as they apply in criminal cases. While he is not expected to have a trial lawyer's familiarity with the rules on evidence, he must at least have a practical working knowledge the same. a)
Competency and veracity of witnesses. An incompetent or untrustworthy witness can ruin a prosecution; it may be necessary to get an expert to prove a particular point.
Coast Guard Education and Training Command
Page 84
Maritime Security and Law Enforcement Manual s.2011 b)
Gather facts. Avoid opinions and conclusions. Stick to hard facts.
c)
Avoid hearsay. Most hearsay evidence cannot be used at trial. Find witnesses who have personal knowledge of facts. Use hearsay information only for getting leads as to the identity of persons with personal knowledge.
d)
Notes. Good and complete notes mean better testimony. Do not have notes on more than one interview on the same paper.
e)
Signed Statements. These prevent the
witness
from
making false testimony during the trial. They may also be used to refresh witness' memory. f)
Charts whenever
and diagrams should be used relevant and appropriate. They give the court
the most complete picture of the incident. iii.
Identification and preservation of evidence: a)
Identification must be made at the same time the evidence is found.
b)
Evidence must be kept at the headquarters. Do not mingle evidence with other articles.
iv.
Possible defenses: a)
Instigation - Who had the first criminal impulse?
b)
Alibi - A weak defense which nevertheless must still be proved or disproved.
c)
Statute of Limitations - Is the case barred by prescription?
d)
Good character - Ready information on this may be used to disprove the suspect‘s claim of good character,
e)
Double jeopardy - Bring this to the attention of the prosecutor so he can decide on the matter.
f)
Insanity - If this defense might possibly be raised, inform the prosecutor so he can prepare for it.
g)
Justification - Determine if facts intended to justify the act are true or false.
Coast Guard Education and Training Command
Page 85
Maritime Security and Law Enforcement Manual s.2011 h)
Provocation -Determine its presence in advance.
i)
Mitigation.
j)
Necessity.
k)
Compulsion.
l)
Duress - The
best way to defeat this defense is by NOT
doing it. Have other people present to testify against it just in case it is raised. m)
Intoxication - Determine feasibility of an examination by a doctor.
v.
Pre-conceived notions. Do not substitute such notions for admissible evidence which will prove guilt. You may feel sure he is guilty but your feelings
c.
are not admissible at the trial.
Preparation While Awaiting Active Trial: i.
Prepare the prosecutive summary. Give the
investigating
officer and the prosecutor a complete picture of the case. This is done in writing. The evidence is assembled and if there are loopholes, they will show up, ii.
iii.
Contents of prosecutive summary: a)
Name of the offense.
b)
Names of defendants.
c) d)
Date and place of commission of crime. Statute of Limitations.
e)
Other data helpful to the prosecution.
f)
Preliminary prosecutive recommended.)
g) h) i)
Identity of witnesses. Testimony expected. Criminal record.
action.
(Amount
of
bail
is
Conference with the prosecutor. Tell the prosecutor the weak as well as the strong points of the case to give him an opportunity to equip himself for it.
iv.
Review your testimony, Have a dry run, if necessary.
v.
Documentary and physical evidence. Locate all documentary and physical evidence and make sure that they are properly preserved.
Coast Guard Education and Training Command
Page 86
Maritime Security and Law Enforcement Manual s.2011
3.
vi.
Last minute leads. Give them to the prosecutor and investigate.
vii.
Background of defendant.
Witness Protection. Republic Act No. 6981 is the Law on Witness Protection, Security and Benefit Program. Keep it in mind especially when the witness is vital to the prosecution. Eyewitnesses are one of the key weapons to successful criminal prosecution, thus PCG officers and men must always make every effort to secure their witnesses to ensure their attendance every time their presence is required by the court.
4.
Conclusion. a.
Law enforcement officers are responsible for facts.
b.
A brilliant investigator who makes a poor preparation may lose the case.
c.
Impressions in the courtroom and on the public. The prosecutor and the judge can easily tell whether or not the investigating officer has properly prepared his case for the trial.
d.
Public relations angle. The organization as well as the individual officer will be shown in a poor light should a person obviously guilty go free because the case was improperly prepared.
e.
Accomplishments and budgetary requests. A solid arrest and conviction record is a persuasive argument when additional funds are needed by the organization.
I. COURT TESTIMONY 1.
Introduction Just as a boxer should condition and train himself before entering the arena, the PCG Officer or personnel who will appear as a witness should condition and train himself before taking the witness stand. He does this by proper preparation and adjustment of his mental attitude. He may deliver the knockout punch or may be on the receiving end. All conceivable tactics are to be expected in the course of the trial. During his cross-examination, for instance, it tends to be a no holds barred contest. He must look good on that stand. If he does not, he might as well give up. Testimony in court is nothing more than an attempt to influence the thinking of the judge. Done properly, the PCG Officer may well be the champion
Coast Guard Education and Training Command
Page 87
Maritime Security and Law Enforcement Manual s.2011 of the people. In this respect, each man must realize his own shortcomings and attempt to do something about it. a.
A trial at law is simply a competition in persuasion. Persuasion is an act of influencing the mind by arguments and reasoning. It is not only a combination of what we hear and see but also includes the emotion, will, and prejudice.
b.
Of value to attorneys and also to investigators would be a discriminating and practical study of the human mind as it functions in a practical world. i.
An investigator must learn something about human nature. He should recognize the fact that no two persons are alike.
c.
ii.
Learn what to expect of people.
iii.
These are attained by study, unfortunately, by costly experience.
observation
and
sometimes,
It has been correctly said one of the greatest obstacles to success in persuasion is ignorance. i.
People are not often persuaded by persons who give the impression that they do not know what they are talking about.
ii.
If people who listen to us start to dispute what we are saying, we make poor start of persuasion. Know what you are talking about and improve your ability to be convincing to others.
2.
Incidental Influences. Although preparation is of vital importance, there are incidental influences which cannot be safely disregarded. Always remember that there is no such thing as an airtight case. One of these incidental influences is personality. a.
It is said that personality is a gift of the gods given to someone to impress others.
b.
But if we can realize our shortcomings, we can work on them and thus improve ourselves.
c.
It may be said that personality is the total effect of numerous human attributes such as: i. ii.
Empathy Directness
iii. iv.
Frankness Courage
v.
Pleasing manners
Coast Guard Education and Training Command
Page 88
Maritime Security and Law Enforcement Manual s.2011
3.
d. Knowing these, personality can be developed. Success in Persuasion. Success in persuasion largely depends upon the unconscious estimate by the listener of the qualities of sincerity and accuracy of the speaker. If we fail to convince people of our sincerity and accuracy, what we say tends to fall by the wayside. We may convince people of our sincerity but if we are not accurate, it is still not good enough. a.
Sincerity. i.
Directness. a) b)
Forthright, straight-forward statement of facts. Do not attempt to be clever.
c)
There should be no evasiveness or quibbling on minor issues. Remember that you are convincing the Court.
ii.
Frankness. State all the truth you see fit. Leave nothing out. Provide a precise answer to questions asked.
iii.
Fairness. a)
If your answer is favorable to the defendant, and in the natural course of your testimony it has to come out, state so to give the impression of fairness.
b)
This will also show that you have no axe to grind, it may also be added that you have no desire to increase the number of convictions on your scoreboard.
iv.
Unaffectedness. a)
Be natural.
b)
An affected manner can indicate many things, most notable of which is insincerity,
v.
c)
Never underestimate the court or the defense counsel
d) e)
Be relaxed and keep a cool head. Give the impression that you are happy to be there.
Properly qualified statements. a)
Do not come out with a statement made solely for the purpose of effect.
b)
Do not put on an act. Do not be a comedian or a Shakespearean artist.
Coast Guard Education and Training Command
Page 89
Maritime Security and Law Enforcement Manual s.2011 c)
Many times, an understatement is more effective than an overstatement
d)
Be sure you can give reasons for anything you say. You should, therefore, have an entire picture of the case so you know where your testimony will fit in.
vi.
Absence of egotism. a)
Do not be a know-it-all. The judge will not like it and it becomes that much harder to convince him. It irritates people, perhaps including the defense attorney. The defense attorney is apt to
b)
cross-examine you more intensely and extensively. Do not be lulled into a sense of false security by simple questions.
vii.
Simplicity. a) b)
Use statements that are short and easy to understand. Avoid technical terminology if you can. If you cannot, explain the terms clearly. You may know what you are talking about but the court might give it a different meaning.
b.
General appearance. i.
To gain advantage of preparation, the prospective investigatorwitness should attend a trial to familiarize himself with court procedures. This would eliminate the unknown factors and thus give him the appearance of self-confidence. It gives him knowledge of what is to come. With regard to sidearm, the better practice is to conceal it to avoid display of authority or, better still, not to wear it at all.
c.
ii.
Do nothing and wear nothing that will distract the attention of the court. Examples: Ribbons, medals, pencils and notebooks sticking out of the pockets, etc.
iii. iv.
Button your coat. Sit erect, look at the person speaking to you. However, when you answer the question, look towards the court
v.
Keep your feet flat on the floor.
vi. vii.
Keep your hands off your pockets. Dress well. Do not wear flashy clothes.
Mannerisms.
Coast Guard Education and Training Command
Page 90
Maritime Security and Law Enforcement Manual s.2011 Do not be a knuckle-cracker, neck-scratcher, fingernail biter or ear-puller. In other words, control your mannerisms. d.
Voice quality
e.
i.
Give your answers in a clear, calm, confident, well-controlled and wellmodulated voice.
ii.
Gauge the softness or loudness of your voice by the farthest man in
iii.
the room. Can that man hear you clearly enough? Be careful with your accent.
Inflection i.
Do not try to curry favor by giving undue inflection to what you are saying.
ii. f.
Keep your voice in the same general level.
Self-control
g.
i. ii.
Keep your wits. Be calm, cool and collected.
iii. iv.
Be aware of what you are going to say at all times. Hold your temper. The defense lawyer wants you to do just that so he can trap you. Do not let a case be lost because you lost your temper.
Promptness of witnesses' replies i.
Answers must be quick, especially in direct examination.
ii.
In cross-examination, give your answer some thought but without noticeable hesitation as to give the impression that you are figuring out what to say.
iii. iv.
Beware in leading questions in this respect. Do not hesitate to correct a wrong statement you made on the stand. Hesitation during direct examination gives the defense counsel an opportunity to interpose objections.
The foregoing list tends to inspire confidence, without which all else fails. The greatest enemy of persuasion is any kind of suspicion of the speaker, and until this is removed, his statements are worthless. The second test of persuasion concerns the hearer‘s estimate of the intelligence and accuracy of the speaker. Consider the following: i.
Clearness
Coast Guard Education and Training Command
Page 91
Maritime Security and Law Enforcement Manual s.2011 As you testify, speak not only audibly but clearly, so that no one will question what you mean. Use short sentences and simple, everyday words. ii.
Brevity of statement a)
Do not make a speech on the witness stand.
b)
Do not attempt to try the case for the prosecuting attorney. Keep in mind that he is a lawyer. Answer only what he asks you. Do not volunteer information.
iii.
Selection of words, especially descriptive terms. People have different ideas of different things. Few people reach conclusions by themselves. This is where prejudices come in. Select your descriptive phrases so as not to offend any of these preconceived ideas. In this manner, you will impress on their minds your dignity, and more so if you use only decent words.
iv.
v.
Pronunciation. a)
Names must be pronounced clearly and distinctly.
b)
If in doubt, use the dictionary.
Control of emphasis. a) b) c)
vi.
4.
One of the indications of insincerity is undue emphasis. Learn where emphasis applies and where it does not. Be objective in the words you use.
Extent and accuracy of knowledge of subject. a)
Be prepared. Guard against losing notes to defense.
b)
Know your own evidence. -
What is your evidence?
-
Where does it fit in the entire picture of the case?
-
What are your identifying marks and where did you put them?
Cross-Examination. As a witness, keep in mind that there are witnesses who testify but are honestly mistaken, who consciously or unconsciously exaggerate, or who, for friendship, spite or reward, deliberately commit perjury. Truth and accuracy of testimony
Coast Guard Education and Training Command
Page 92
Maritime Security and Law Enforcement Manual s.2011 should
be
the
aims
in
cross-
examination. Too often, there are abuses, and the deliberate purpose of cross-examination in many instances is to lead a witness, under the sting of attack, to attempt to retaliate in some way and thus, perhaps, be led into indiscretion or error that will weaken or nullify his testimony. On account of his duty, for his own protection, and as a means of making his own testimony more effective, a witness about to be cross-examined should maintain the same attitude of fairness and frankness toward the cross-examiner as toward the prosecutor. Cross-examination is an attempt to destroy adverse testimony. Do not look at the defense counsel with contempt. 5.
Other Things Which Could Cause a Suspicion of Untruthfulness in the Mind of the Court: a.
Repetition by the witness of perfectly audible and plain questions. If you do not understand it, ask that it be repeated but do not be the one to repeat it. This would indicate insincerity or ignorance or that you are stalling for time.
b. c.
Unnatural emphasis. This gives the impression of personal interest on the case. A defensive smile or nervous laugh gives the wrong impression to the court
d.
by making the people feel that you are treating the case lightly. Unnecessary, affected, and minute or over-detailed accuracy. Facts become lost in a maze of details.
6.
Conclusion a.
Do not distort anything.
b. c.
Tell your story in your own way. Be Natural. Avoid stilted language and do not use slang. Use good English or Filipino as though you are speaking with a group of friends.
d.
Do not let yourself be put into the position of being an ―expert‖ unless you have been qualified as such. It might cause you undue embarrassment.
e.
Reminder: Conduct yourself as a gentleman at all times.
Coast Guard Education and Training Command
Page 93
Maritime Security and Law Enforcement Manual s.2011 PART
IV
EVIDENCE
N
o criminal prosecution will be successful without the evidence to prove the accusation
against the accused. This chapter will discuss the definition of evidence, basic concepts of evidence, preservation of evidence and other relevant matters pertaining to evidence. It is expected of PCG officers and men, being law enforcement agents, to be conversant in the proper handling and preservation of evidence.
A. BASIC CONCEPTS ON EVIDENCE EVIDENCE DEFINED. Evidence is the means sanctioned by the Rules of Court of ascertaining in a judicial proceeding the truth respecting a matter of fact. Thus, evidence are the key pieces which when put together, tends to illustrate the truth regarding a particular fact. Without the evidence, no fact will be proved, and if no fact is proven, the guilt of the accused will never be established beyond reasonable doubt.
B. OBJECT OF THE LAW ON EVIDENCE The very purpose of the law on evidence is to ensure that there is a scientific inquiry of the matter under investigation or litigation by establishing the truth using perception and logic.
C. KINDS OF EVIDENCE There are several kinds of evidence but the three main classifications of evidence are as follows: Object evidence Testimonial evidence, and Documentary evidence 1.
OBJECT EVIDENCE Object evidences are those evidence that are addressed to the senses of the court, hence anything that can be seen, touched, smelled, tasted or heard can be object evidence. It thus follows that all evidences that are presented to the court for the purpose of proving their existence are object evidence.
Coast Guard Education and Training Command
Page 94
Maritime Security and Law Enforcement Manual s.2011 2.
TESTIMONIAL EVIDENCE Testimonial evidence are those that are given or narrated by witnesses and presented in court. Testimonial evidence can be oral or written. A testimonial evidence is oral, if said testimony is narrated personally by the witness before the court during trial, while it is written when the same is given by the witness through a written sworn statement or affidavit.
3.
DOCUMENTARY EVIDENCE Documentary evidence are those which consists of any writing or any material containing letters, words, numbers, figures, symbols or other modes of written expression offered as proof of their contents. Thus a single evidence can be considered as an object, documentary or testimonial evidence depending on the purpose for which it is being presented. For example, an affidavit of a witness can be object evidence if it is presented to prove its existence. It can be testimonial evidence if it is presented to prove the testimony of the witness, and at the same time documentary evidence if it is presented to prove the contents of the document.
D. BEST EVIDENCE RULE When the issue in a particular case is the contents of a document then the document itself is the best evidence to prove its contents. Thus Section 3 of Rule 130 of the Rules of Court provides that when the subject of the inquiry is the contents of a document, no evidence shall be admissible other than the original document itself. 1.
WHAT ARE CONSIDERED AS ORIGINAL DOCUMENT Under the law, the following are considered as original document: a.
The original of the document wherein the contents of which are the subject of inquiry;
b.
When a document is in two or more copies executed or made at or about the same time, with identical contents, all such copies are equally regarded
c.
as originals; When an entry is repeated in the regular course of business, one being copied from another at or near the time of the transaction, all the entries are likewise equally regarded as originals.
2.
WHEN IS AN EVIDENCE ADMISSIBLE IN COURT Evidence is deemed admissible or acceptable to the court if the said evidence is competent, relevant and material to the case. Hence every evidence presented to
Coast Guard Education and Training Command
Page 95
Maritime Security and Law Enforcement Manual s.2011 the court must comply with the relevancy, competency and materiality requirements set forth under the law.
E. COMPETENT EVIDENCE – Evidence is competent if it is not excluded or made illegal by the law or by the rules of court. In order for PCG officers and men to ensure that the evidence they have obtained from the suspect is competent, they must ensure that they were able to secure the same within the bounds of the law. Example of which is if they were able to seize the evidence from the suspect whom they have caught in the act of committing the crime, as an incident to a warrantless arrest. Likewise if the evidence were taken by virtue of a valid search warrant obtained by the PCG officers prior to the conduct of the search.
F. RELEVANT EVIDENCE – Evidence is relevant if it is connected with or sheds light on the issue being disputed in court. Relevancy of the evidence is determined by common sense or logic. There must be a relation or reasonable connection between the evidence and the issue as to bring about its truth or falsity or existence or non-existence.
G. MATERIAL EVIDENCE – Evidence is material if the said evidence tends to prove the main fact which was the subject of the inquiry. In essence materiality of the evidence is a higher degree of relevance. These three requirements for admissibility of evidence must go hand in hand in order for such evidence to be admitted by the court. The absence of any one of these requirements will render such evidence inadmissible in court.
H. QUALIFICATIONS OF WITNESSES The Rules on evidence provide for the minimum qualifications to be a witness. To be a witness one must be able to perceive, and perceiving, can make their known perception to others. No other qualification is required by law to become a witness, however, not all persons can be witnesses such as the insane persons, or children who by reason of their tender age is incapable of receiving correct impressions of facts and incapable of relating them truthfully.
I. RECOVERY AND PRESERVATION OF EVIDENCE Coast Guard Education and Training Command
Page 96
Maritime Security and Law Enforcement Manual s.2011 Aside from ensuring the security of witnesses, equally important to all PCG officers and men concerned, is the preservation of evidence recovered from suspects or even gathered from the crime scene in the course of investigation. It is thus the responsibility of the PCG officer or the enlisted man assigned to investigate a particular case to ensure that every precaution is exercised in the state in which it was recovered/obtained until the same is released to the evidence custodian or turned over to the court. Thus, every PCG officer or enlisted man tasked to handle a particular case must be guided by the following: 1.
Upon arrival at the scene of the crime, the investigating officer must record the time, date and weather conditions and take action to preserve and secure the area to the maximum extent possible. The administering of medical assistance to victims on the crime scene takes priority although any unauthorized access must be disallowed as any individual present poses the risk of contaminating or destroying physical evidence.
2.
Once the scene has been secured, the investigating officer must evaluate the scene and decide on the system for examination to be employed by the crimescene investigators. Immediate action must be taken to protect items of evidence, which may be destroyed by weather conditions or fire etc. Any persons present at the scene of the crime who may be witnesses should be removed and their details taken. It is also necessary to record all movements at the scene and any items moved or touched by individuals.
3.
Recording the scene in its original state is highly important both as an aid for the subsequent investigation and also as evidence in court when the details of the crime scene and location of physical evidence must be provided. The three methods of recording the crime scene include photography, sketches and written notes. Thorough recording usually requires that all three methods be employed.
4.
The crime scene should be photographed as thoroughly as possible and from various angles; suspected entrances and exits, any surrounding areas or areas where events in relation to the crime occurred should be included. Items of physical evidence should be photographed to show their position and location relative to the scene. Close-up photographs should then be taken to show the
Coast Guard Education and Training Command
Page 97
Maritime Security and Law Enforcement Manual s.2011 evidence in as greater detail as possible and alongside a measuring scale to ascertain size. If a body is present at the crime scene, this also should be photographed from various angles to show all injuries and weapons; the surface beneath the body is then be photographed upon its removal. The following are some tips and techniques to be considered in photography as presented by CDR NORIAKI MATSUMOTO JCG during the 5th Maritime Law Enforcement Seminar held at CGETC last 22 September 2009: Photo should be:
Accurate, objective, distinctive;
Taken with clear objectives; and Linked between each photo.
Monitor shot (When to stop):
Coast Guard Education and Training Command
Page 98
Maritime Security and Law Enforcement Manual s.2011
Example of the Effect of shutter speed
High speed (Dark) (Good for moving object!)
Slow speed (Bright) (Good for dark condition!)
Example of “Exposure”
Coast Guard Education and Training Command
Page 99
Maritime Security and Law Enforcement Manual s.2011 Example of “Panoramic Shot”
Be accustomed to photographic technique:
Failure is not allowed on the site investigation
A skilled photographer should be dispatched as soon as possible to the on-site and while every law enforcer should be familiar with basic technique of it
The following series of photo shows importance of combination: Well-combined photo is beneficial to grasp circumstance of criminal site as shown:
This a series of photos is aimed to locate trash can at toilet in building.
Coast Guard Education and Training Command
Page 100
Maritime Security and Law Enforcement Manual s.2011
Coast Guard Education and Training Command
Page 101
Maritime Security and Law Enforcement Manual s.2011
Link next to next
Basic Instruments:
Still camera (35mm film or digital)
Lens: Telephoto (100mm ~ 300mm) Wide-angle (20mm ~ 35mm)
Standard (50mm) Zoom Strobe light- although strobe light is equipped steel camera, attachable strobe light is recommended. Tripod Film - colored film and ISO 400 and more are better.
Usable Technique Bounce shot (to remove bright spot from picture) - this shot is useful when you take photo of mirror- faced object such as watch, edged tool, glass, screen-kind, etc.
Coast Guard Education and Training Command
Page 102
Maritime Security and Law Enforcement Manual s.2011
Emergency bounce shot (in case of attachable strobe out of order) - it is a method to take non-dotted photo in distinguishing flash-angle from rebounded flash-angle.
Synchronized flashing shot - this shot is useful in case of mingling bright and dark tone object in same finder. This shot often used at bridge.
Step to best shot
Adjust shutter speed to Strobe synchronized speed. (Almost of all is 1/60ss)
Measure and fix exposure outside scene. If center focused motion, aim center of finder to outside and push
shutter button in half-way. Push shutter button to full with flashing.
Coast Guard Education and Training Command
Page 103
Maritime Security and Law Enforcement Manual s.2011
Monitor shot This monitor photo often used to take photos of ex. GPS or RADAR. Monitor also required a skill to take sharp shot.
Steps to best shot Stand by tripod and load camera Shade any bright behind camera Adjust 1/15 shutter speed. Fill with GPS monitor into finder and fix right-exposure on mode AUTO PROGRAM
Coast Guard Education and Training Command
Page 104
Maritime Security and Law Enforcement Manual s.2011 Example of best shot
Adjust shutter speed to Strobe synchronized speed at 1/60ss
Measure and fix exposure outside scene. Push shutter button with flashing.
DIAGRAM - is necessary to grasp the situation in the photo as a whole. Necessary Items in the diagram:
Title
Name of authority who draw
Date of drawing Direction ( N,S,E,W) or (UPPER,LOWER) or (Bow, astern) or (Port, Starboard)
Length with unit Name of article
Coast Guard Education and Training Command
Page 105
Maritime Security and Law Enforcement Manual s.2011
This picture was taken to show the location of the site and neighborhood. As shown in the diagrams are the following data:
The place where the vessel moored.
The situation in the pier where the vessel moored.
Other vessels around the site.
Photo is the best medium to understand a certain situation visually, but it is more effective to have a diagram to complement the picture in order to grasp situation as the whole.
Coast Guard Education and Training Command
Page 106
Maritime Security and Law Enforcement Manual s.2011 Length overall, width, color of the hull and deck, freeboard and other situations is included. In this way, Diagram complements photo in using size of object, direction, etc. Sketch 3 Situation of the Fore Deck
direction Unit: meter
2.6
Port Bow Entrance
0.7 13.2
9.2
Windlass
9.8 0.7 Cargo Hold
0.9
The concealed drugs were found here.
Windlass
3.5 Starboard
10.3 Date of Drew : 26 . Feb 2011 Person who drew : K.Eguchi , Officer-On-Duty Japan Coast Guard Station
Figure: Situation of the main site The length, width, structure, what there were, name of place or object, what‘ happened, what the suspect did, so on. That location where the hidden drugs were found Where drugs were found (at windlass on starboard side) PROOFING -to prove that the investigator conducts the investigation properly Elements for proofing: (1) Witness (representative) Someone who is not related to the investigation section (organization) Have personal knowledge A suspect who turns out to be a state witness
Coast Guard Education and Training Command
Page 107
Maritime Security and Law Enforcement Manual s.2011 A manager of a facility, public employee, victim, relative of a victim or suspect etc. can be a witness
Role of Witness Confirm the existence of materials Assist in providing materials
Progress of counter-measure for preservation. Number of witness/es - at least one but you should ensure more witnesses if the circumstance required. (2) Picture taking Picture must include the witness or sign-board (written by witness) in a frame. Composition of the framing must include object and neighborhood to ensure relation between material and site. Attach a scale to material if required. If witness points object or place, take photo with the scene of directing objects by witness's finger. (3) Manifestation & documentation Document "Inspection report" to materialize the progress of observation or inspection, condition of objects and circumstance of site; Draw diagrams to complement picturing; If you collect some object from the site as evidence, document its progress if required.
Coast Guard Education and Training Command
Page 108
Maritime Security and Law Enforcement Manual s.2011 Witness confirmed material
Sign board in the same take Ex. sign board
Date
26th APR.2011
Time
10:30 AM
Place
Witness
Spare room on captain’s deck
Keizo-Eguchi
Other
Coast Guard Education and Training Command
Page 109
Maritime Security and Law Enforcement Manual s.2011
Example Report (with attached pictures) on Inspection on the Scene: Scene on someone‘s room. Time and date of the inspection From 10:40 PM to11:40 PM on 19th January, 2011 Place and object of the examination ARDZELL‘s bunks in the ―D‖ Dormitory, Coast Guard Base Farola, Binondo, Manila, Philippines. Purpose of the examination To clarify the situation and to preserve evidence. Witnesses at the examination Name: DOB: Address:
Age:
Occupation: Process of the inspection: I, under mentioned, commenced the inspection on the ―D‖ Dormitory since Ardzell pointed the ―D‖ Dormitory and mentioned that the dormitory was located at the 3rd floor specifically in junior officers room.
Coast Guard Education and Training Command
Page 110
Maritime Security and Law Enforcement Manual s.2011 E-1. Situation of the spot and neighborhood. The ―D‖ Dormitory is situated in Farola compound surrounded by other building ,sport facilities, swimming poll. The North side of the building is facing to CG Fleet Building, the East side of the Dormitory is facing road and car park area, south side is facing to also road and car park and the west side is facing to net fences 3 meters height an sport complex over the fence. The fence has a gate opened nearby the Dormitory and many CG personnel were coming and going through the gate. E-2 . Situation of the “D’ Dormitory The ―D‖ Dormitory is 4–story building, lengthening along west –east, has a green colored wall and glass windows every floor on the all aspect of wall, also two entrances at west and east end on grand floor. (See drawing A and photos No.1-5 on the end of this report)
Coast Guard Education and Training Command
Page 111
Maritime Security and Law Enforcement Manual s.2011
E-3. Entrance An entrance on west side has a double door. The doors have been opened at the inspection. I could walk into the interior without any trouble and other hand, another entrance of east side is opened permanently. At the order there was a long desk and two chairs but no one attended. Also there was a stair way to go 1st floor by the entrance. Both entrance was connected an internal strait corridor. (See drawing B and photos No.6,7 at the end of this report)
Coast Guard Education and Training Command
Page 112
Maritime Security and Law Enforcement Manual s.2011
E-4. Internal doors along the corridor. There were 4 doors on the south wall and 6 doors on the north wall and every door entitled room numbers on the door. The room numbers of the door on north wall was GO1, GO3, GO5, GO7and GO9 from west to east. And also the room numbers of the door on south wall was GO2, GO4 and GO6 form west and east. (See drawing B and photos No.8-10 on the end of this report)
Coast Guard Education and Training Command
Page 113
Maritime Security and Law Enforcement Manual s.2011 E-5. Room GO1 I found the room GO1 accordingly. He unlocked and open the door as to my request and then I entered in the room to inspection. (a) Composition of the room The room composed with wash room and bed room. (a-1) Wash room I could see a wash stand and a toilet bowl from outside of the internal entrance. So I entered to check what was there. I saw a toilet bowl, towel rack, washstand, vent windows and shower. A toothbrush and two pastes were put on the washstand and underpants hanged on the rack. (a-2) Bed room I could see many furniture and person belongings in the bed room when I stood at entrance of the room GO1.so I saw one by one from the ceiling to floor. (a-2-1) On the ceiling There were two down lights and was a white colored half dome and a hole with lattice, a fire sprinkler. (a-2-2) On west side wall There was a wash room entrance mentioned, an air conditioner above the entrance and an indirect lighting nearby the ceiling. (a-2-3) On north side wall When I saw the wall, there is a pair of curtain closing, so I opened it and found window. The window was consisted with three large slight dark colored glasses and three small glasses. At the time, window was closed but I could open it in turning a knob on the window and pushing it toward outside.
Coast Guard Education and Training Command
Page 114
Maritime Security and Law Enforcement Manual s.2011 (a-2-4) On east side wall There was an electronic distributor and indirect lighting nearby ceiling and locker which has 3 vertical doors and 2 horizontal doors. At the time, all doors was rocked. (a-2-5) On south side wall There was a painting and were switches for main supply and lightings. At the time, I found all lighting could turn on. (a-2-6) On floor There were three beds and two bedside-tables at the far end from the room entrance. The beds were laid lengthways like that along north-south line. The bedside-table was placed between bed and bed.
Also
there were 8 power points above the bed-side tables on the wall. A trash was placed between westward bad and middle bed, at the time waste was in the trash. There was a TV and fridge on a TV board next to the room entrance. At the time the TV switched off and some fruits were stored in the fridge and a plastic bag was put in the rack. (a-2-7) A desk was put along eastside wall between the east side and the locker. Materials for using religion, remote control devices, rolling tissues, a pitcher and so was on the table in muddle. Three chairs were put nearby the desk and towels and clothes were hanging on the back of the chairs. A black traveling bag and ironing board was beside of the TV board. (See drawing C and photos No.11-38)
Coast Guard Education and Training Command
Page 115
Maritime Security and Law Enforcement Manual s.2011
Coast Guard Education and Training Command
Page 116
Maritime Security and Law Enforcement Manual s.2011
Coast Guard Education and Training Command
Page 117
Maritime Security and Law Enforcement Manual s.2011
ďƒ˜ Weather condition The weather is fine during the examination. ďƒ˜ Photos Photos taken during the inspection and drawing made by me are attached at the end of this report. For your information and disposition Respectfully submitted: 14 January, 2009 LT, XXXXX YYYY Coast Guard Officer, Judicial Police Officer, Attachment: 1, 3 sheets of drawing 2, 38 photos
Coast Guard Education and Training Command
Page 118
Maritime Security and Law Enforcement Manual s.2011 5.
A systematic search of the crime scene is highly important so that no evidence is left unrecorded and for maximum information to be obtained; the more evidence gathered, the stronger the case. The investigator in charge of the crime-scene generally coordinates the search for evidence not only to ensure that all necessary areas are covered but also to avoid duplication of efforts. A forensic scientist is not usually present at the scene of a crime, unless the evidence is very involved.
6.
Search methods include the spiral search method, in which the collection of evidence is carried out in a circular pattern working towards a fixed point at the centre; the grid method in which the area is searched along horizontal and vertical lines of a grid; a strip or line search; and the quadrant
method where the area is divided into segments for individual searching. Experiences of the investigating officer and the type of crime committed will generally determine the search method employed. 7.
While searching the crime scene, any doubted item should be treated as evidence until it can be proven otherwise. Gloves and protective clothing should be worn to prevent contamination of the scene. Along with collecting evidence, it is also important to collect known standards, for example, fibre samples from carpets and furnishings. A clean piece of the same material should be collected separately as a control for any material stained with biological fluids collected for analysis.
8.
Physical evidence must then be properly packaged and labelled, with different samples requiring different methods of packaging. For example, while hairs and fibres can be contained within plastic containers, any items containing biological evidence such as blood or semen must be air-dried before packaging and placed in paper bags to remove the problem of moisture build-up and contamination from bacterial growth. Packages should be labelled with the time and date of packaging, the name of the packager and any history of any known contact with the evidence. Where possible, the actual item of evidence should be labelled for identification, in addition to labelling the packaging in which it is placed.
9.
The chain of custody of an evidential item begins at the initial collection of the evidence at the scene of crime and must be presented if the evidence is used in court. The authenticity and integrity of the evidence rely upon the detailed recorded history of the item, including the persons who came into possession of the item and the examination tests performed upon it. Establishing set guidelines
Coast Guard Education and Training Command
Page 119
Maritime Security and Law Enforcement Manual s.2011 on recording and labelling of the history of the evidence from the time it was retained by the police until its proper turned over to other concerned authorities, is the most effective way to ensure that the chain of custody is maintained. If the chain of custody is broken, the evidence becomes inadmissible in court.
J. ELECTRONIC EVIDENCE With the advent of the Electronic age, many documents, data and other information which may otherwise be used as evidence against suspects may be found in its electronic form or otherwise saved in electronic devices, hence PCG officers must also be cognizant of the rules on electronic evidence and what specific electronic data they may gather and use as evidence against the suspects. Under the Rules on Electronic evidence, all audio, photographic
and
video
evidence of events, acts or transactions shall be admissible as evidence in court, provided the same shall be shown, presented or displayed to the court and shall be identified, explained or authenticated by the person who made the recording or by some other person competent to testify on the accuracy thereof. It is thus important that in the conduct of MARSLEN Operations, as much as possible, it should be recorded to ensure that the said operations were conducted in accordance with the law and thus make certain that the case to be filed against the suspects will be airtight.
Coast Guard Education and Training Command
Page 120
Maritime Security and Law Enforcement Manual s.2011 PART
V
T
MARITIME LAW ENFORCEMENT AND SECURITY OPERATIONS PROCEDURES
he following chapter deals on law enforcement operations in the PCG area of responsibility. These operations may be carried out in coastal areas or in vessels on
dock, anchorage or underway. Some operations may result in peaceful arrests while others may escalate into armed confrontation. Whatever may be the case, the PCG has to follow established Rules Engagement (ROE) in order
of to
preclude the unnecessary and/or excessive use of force, especially in the use of firearms/firepower, to prevent operational lapses and faulty decision-making in situations where the PCG, by virtue of its mandate, is tasked to address crisis situations arising out of the actions of criminal and malicious elements such as but not limited to drug trafficking, smuggling, gun-running and such other acts that may undermine the security of the civil populace.
DEFINITION LAW ENFORCEMENT OPERATIONS – operations conducted by government agencies in pursuance of law enforcement. RULES
OF
ENGAGEMENT
–
basically a military term, it is a set of procedures and guidelines entailing the prescribed standard of actions in preparing for conducting and terminating operations. It determines when, where and how force shall be used.
Coast Guard Education and Training Command
Page 121
Maritime Security and Law Enforcement Manual s.2011 USE OF FORCE (FORCE CONTINUUM) – a standard that provides law enforcement officers with guidelines as to how much force may be used against a resisting subject(s) in a given situation. In certain ways, it is similar to the military rules of engagement (ROE). The purpose of this model is to clarify, both for law enforcers and citizens, the complex subject of use of force. It shows the progressions when law officers should escalate and de-escalate their level of force in response to the subject‘s actions. FACTORS INVOLVED IN USING LESS-THAN-LETHAL FORCE: 1. Physical structure 2. Strength 3. Endurance 4. Ability to perform and adapt skilled movements 5. Knowledge of the expected outcome of mechanical actions 6. Experience and drive in dealing with violence 7. Ability to produce different types of force 8. Courage Control is the objective of the use of force. Officers may use force when they need to establish and maintain control over a subject. TWO INSTANCES WHEN AN OFFICER MAY USE FORCE: 1. To stop an attack on the officer or others 2. To overcome resistance in carrying out lawful duties USE OF DEADLY FORCE The use of deadly force shall be avoided. However, the use of firearm is justifiable by virtue of the Doctrines of Self-Defense, Defense of a Relative, Defense of a Stranger, and if the police has probable cause to believe that the suspect poses an imminent danger of death or serious physical injury to the police or other persons.
Coast Guard Education and Training Command
Page 122
Maritime Security and Law Enforcement Manual s.2011 SIMPLIFIED USE OF FORCE MODEL
SUSPECT
Level of Threat
LAW ENFORCER
Level of Force
Instrument
Action
AGGRAVATED ASSAULT
DEADLY FORCE
FIREARM
SHOOT POINT F/A DRAW F/A INDEX F/A VERBAL WARNING
ASSAULT
IMPACT FORCE
IMPACT INSTRUMENT
USE BATON ―LOAD‖ BATON PRESENT BATON HAND ON BATON VERBAL WARNING
ACTIVE RESISTANCE
CONTROLLING FORCE
DEFENSIVE SKILLS/ EMPTY HAND CONTROL/ OC SPRAY
NECK/CHOKE HOLDS WRIST/ARM LOCKS PRESSURE HOLDS ESCORT HOLDS VERBAL WARNING
PASSIVE RESISTANCE
VERBAL FORCE
DIALOGUE
ESCORT HOLDS WARNING ADVICE PERSUASION SEARCH TALK
INTIMIDATING DEMEANOR
OFFICER PRESENCE
UNIFORM/ BADGE
DEFENSIVE STANCE READY STANCE OPEN STANCE
USE OF FORCE GUIDELINES
Law enforcers should use the minimum force necessary in a given situation, whether using physical restraint techniques, batons, chemical agents, or firearms. Deadly force should be used only as a last resort, when all other lesser means of force are not effective or reasonable in the circumstances. Fleeing suspects should be pursued and apprehended using the minimum force necessary. The use of firearms should be restricted unless the fleeing person is armed
and presenting a current danger to others. Warning shots should be strictly prohibited.
Law enforcers should be allowed to use any force necessary, including deadly force, to protect themselves or others from death or serious injury.
Firing from, or at a moving vehicle should be strictly prohibited except in extreme
circumstances. Law enforcers should be required to assure that they have a clear field of view before
discharging a weapon. Any time a firearm is used or discharged accidentally in the line of duty, a detailed written report should be required and the incident should be investigated to determine
if the use of firearms was justified under the circumstances. Any time the use of ―hands only‖ force causes an injury, a report should be made.
Any time a less-than-lethal weapon is used, a written report should be made.
Ammunition should be restricted to only the type issued or sanctioned by the department.
Coast Guard Education and Training Command
Page 123
Maritime Security and Law Enforcement Manual s.2011 A. UNDERCOVER INVESTIGATION AND SURVEILLANCE PROCEDURES 1.
UNDERCOVER INVESTIGATION Definition
–
an
undercover
investigation
refers
to
a
discreet
searching inquiry done by an investigator in order to ascertain facts pertaining to the commission of a crime or an attempt thereof. It is a detailed or careful examination of facts aimed at identifying the perpetrator of the crime, locate the said suspect and provide evidence of their guilt. There must be a thorough preparation to do undercover investigation in order to: Preclude compromise; Minimize danger to undercover operatives Ensure ultimate success of the investigation Basic rule is that undercover investigations should not be resorted to unless all other methods or investigative techniques have otherwise failed or has been rendered impractical. Factors to be investigation.
considered
before
conducting
an
undercover
The exact desired result; Jurisdiction; Importance of the investigation; Available planning information; Available qualified personnel; Necessary preparation and equipment; Risks to the investigator or operative involved. Authority to conduct undercover investigations. The authority to launch an undercover investigation must come from the top officer of the organization as the same may require inter-agency coordination to ensure its smooth operation. Undercover investigations must be known to the fewest number of people.
Coast Guard Education and Training Command
Page 124
Maritime Security and Law Enforcement Manual s.2011 Owing to its sensitive nature and the requirement that it be conducted in a clandestine or discreet manner, said operations must be known only to the least number of people within the organization in order not to compromise the investigation or even the safety of the investigator himself.
a. BACKGROUND OR COVER STORY Every cover investigation or operation for that matter requires that the investigator or operative assume false identities in order for them to readily win the confidence of the suspect or the organization sought to be infiltrated and should seldom be wholly fictitious. BADGES AND CREDENTIALS MUST NEVER BE CARRIED! WEAPONS A weapon should never be carried by the investigator unless it is consistent with the background or cover story that he adopted. SAFE COMMUNICATIONS SYSTEM To have a successful undercover investigation there must be a safe communications system between the undercover investigator and the headquarters for safe relaying of information and instructions. ARRANGEMENTS FOR DROPS AND SAFEHOUSES Arrangements must be made for drops of provisions and other equipment as well as provisions for safehouses where the undercover investigator will go to after every sortie. If possible the undercover operative must likewise be placed under surveillance to make sure that he is doing his job accordingly. NEVER POSE AS CRIMINAL If it can be avoided, never pose as a criminal in conducting undercover investigation unless no other approach appears to be adequate.
b. ROLE OF AN UNDERCOVER INVESTIGATOR The primary concern of an undercover investigator is to gather facts, information or evidence against the suspect/s or organization subject of the investigation. An undercover investigator must not instigate the commission
Coast Guard Education and Training Command
Page 125
Maritime Security and Law Enforcement Manual s.2011 of a crime. This practice will expose the operative not only to criminal prosecution but to administrative charges as well. c. PLANS FOR THE OPERATION In every undercover investigation, provisions for actions or other alternative plans must be made in case the operative blows his cover or is arrested by fellow law enforcement agents not aware of his presence as an undercover investigator. d. REMINDERS TO THE UNDERCOVER OPERATIVES Act as natural as possible; Do not overplay the part; Do not indulge in any activity which is not in conformity with the assumed identity; Do not make notes unless they are to be mailed or passed immediately. (use codes and never place return address in letters and envelopes.) Do not use intoxicants except to play the part; and, Limit association with women only to what is necessary to play the part. 2.
SURVEILLANCE In the investigation of any case, there comes a point when the investigator will have difficulty in securing any leads regarding the crime through mere questioning of the complainant and witnesses. When such a situation crops up, the investigator has to go to the field to locate the criminal or if he is known, to study his habits, movements and possible accomplices in the commission of the crime, this is where surveillance plays a major part. a. Definition – Surveillance is the discreet observation of places, persons and vehicles for the purpose of obtaining information concerning the identities or activities of subjects. b. Usage of Information Obtained from Surveillance - Information obtained from surveillance shall be treated only as a ―lead‖ for further case build-up or to serve as basis for cases against the suspect or suspects, and therefore, in no uncertain terms shall it be used or considered as evidence in court nor a cause for any immediate active law enforcement action. c. Objectives of surveillance 1) To detect criminal activities; 2) To discover the identity of persons who frequent the establishment and determine their relationship; 3) To discern habits of a person who lives in or frequents the place;
Coast Guard Education and Training Command
Page 126
Maritime Security and Law Enforcement Manual s.2011 4) To obtain evidence of a crime or to prevent the commission of a crime. d. Mission Orders - All personnel on surveillance shall carry at all times mission orders/slip duly approved by their immediate supervisor and field approximately with their respective offices. e. Preparation and Supervision – Participating operatives shall familiarize themselves with the case. 1) Use sketches, photos and maps in the briefing. 2) Make a physical description of the subject (s). 3) Anticipate contingencies that might arise and plan what to do. 4) Determine exits and have them covered. 5) Bear in mind the need to secure a Search Warrant on short notice. 6) Ready materials for recording surveillance. 7) Maintain contact among the participants. 8) Consider the possibility of counter-surveillance. f.
Restriction/s – Surveillance operatives on mission shall confine their operation to the specific case(s) assigned to them.
g. Shadowing and Tailing It is the act of following a person. Its objectives are: 1) to detect evidence of criminal activities; 2) to establish associations of a suspect; 3) to find a wanted person; 4) to protect a witness. h. Three Types Of Shadowing 1) Loose Tail – it is employed when a general impression of the subject‘s habits and associates are required. 2) Rough Shadowing – without special precautions, maybe used when the criminal must be shadowed and he is aware of this fact; or where the subject is a material witness and must be protected from harm or other undesirable influences. 3) Close Tail Surveillance – is one in which extreme precautions are taken against losing the subject.
Coast Guard Education and Training Command
Page 127
Maritime Security and Law Enforcement Manual s.2011 i.
Tactics 1) The subject should be kept unaware that he is being shadowed. 2) The investigator should be inconspicuous. 3) He should not be detected looking directly at the suspect. 4) He should shift from left to right never remaining for long directly behind the subject. 5) Both sides of the street should be used. 6) If the investigator suspects that the subject has become alerted to the tail, he should request immediate removal from the assignment.
j.
Arrest of Undercover Agent If an investigator is arrested by other law enforcement agents or operatives, he must act in accordance with his orders. If he has not received orders regarding the disclosure of his identity in case of arrest by other law enforcement officers, he must act according to his judgment. In such a case if retaining his assumed character does not serve a useful purpose, the investigator should refuse to make a statement except to a member of his own organization.
k. Preparation and Supervision of Discreet Surveillance 1) Familiarize participating operatives with the case.
Use sketches, photos and maps in briefings;
Make a physical description of the subject;
Anticipate contingencies that might arise and plan what to do;
Ready loose change for bus or jeepney fares or for making phone calls.
Determine exits and have them covered. Bear in mind the need to secure a search warrant on short notice;
Ready materials for recording surveillance;
Pre-arrange signals;
Maintain contact among participants; Rotate participants and apportion their distances;
Consider the possibility of counter-surveillance.
2) Choose proper equipment Equipment includes vehicles, vessels, binoculars, still and video cameras, radio equipment, handcuffs, containers for evidence, materials for
Coast Guard Education and Training Command
Page 128
Maritime Security and Law Enforcement Manual s.2011 disguising motor vehicles, firearms and non-lethal weapons such as tear gas and the like. l.
After-mission Report – The operatives shall immediately submit their report upon completion of mission.
Coast Guard Education and Training Command
Page 129
Maritime Security and Law Enforcement Manual s.2011 B. ARRESTING TECHNIQUES Any PCG officer or enlisted personnel intending to effect an arrest must be equipped not only with the knowledge on how to effect an arrest but likewise the ability to put such knowledge into use if the need arises. As previously discussed, a law enforcement officer may effect an arrest by virtue of a warrant of arrest issued by a competent court or may effect a warrantless arrest under the conditions as set forth by the law. In doing so, every PCG officer or enlisted personnel must be guided by the following techniques in effecting an arrest, to wit: 1.
INITIAL CONTACT WITH THE SUBJECT. a.
The PCG Officer or enlisted personnel must identify himself in a clear and audible voice.
b. c.
He must likewise show proof of his identification as a law enforcer. He must inform the person or persons that they are under arrest and the
d.
reasons for their arrest. If the arrest is by virtue of a warrant, it must be shown to the subject. Consider the possibility that the person or persons to be arrested might be wanted for some other crimes, thus always proceed with caution.
2.
3.
ARRESTING OFFICER’S CONDUCT a.
Be natural and pleasant but forceful and aggressive.
b. c. d.
Dominate the situation. The voice and body actuations must command authority. Demand prompt and absolute obedience.
e.
Never show any hint of nervousness.
f.
Avoid acting ―tough‖ as the subject will be the first to detect it.
g. h.
Avoid using bad or vulgar language, this only reflects weakness Avoid being uncommunicative or apologetic.
i. Avoid unnecessary communications j. Be in charge and always do the talking and give the commands. PLANNING THE ARREST (BY VIRTUE OF A WARRANT) a.
If the arrest is by virtue of a warrant always plan on how to effect the arrest.
b.
This is the responsibility of the team leader or by the officer acting in his absence.
c.
If the arresting party is composed of two or more members, the most
d.
senior or experienced must be designated as the officer-in-charge. Consider the arresting party and covering party.
Coast Guard Education and Training Command
Page 130
Maritime Security and Law Enforcement Manual s.2011 e.
Consider protection of innocent bystanders.
f.
Prevent escape of the suspect/s
g. h.
Make a discreet reconnaissance of the area. Determine the weapons and equipment needed.
i.
Consider superiority of manpower and firepower.
j.
Make the plan simple enough to be understood by the least experienced of the arresting team.
k. l.
Consider the element of surprise. Consider speed in the execution of the plan.
m.
Consider overall coordination.
n.
Consider concealment or cover that might be available both in effecting the arrest and removing the subject from the building or any place of
o.
concealment. The briefing officer must always ask the members of the arresting team for any questions regarding the plan and ensure that everything is clear and understood by all the members of the team.
4.
MAKING THE ARREST a.
Always use good judgment in connection with the arrest.
b.
Always assume that the subject is armed and will resist to the extent of taking your life if given the opportunity.
c.
Immediately restrict the subject‘s movement. If possible put physical
d.
restraints on the subject. Avoid granting requests for personal privileges before conducting bodily search on the subject.
e.
Clothing and other things must be examined for weapons or items of
f.
evidence before turning them over to the subject. If alone, and the arresting officer feels that he cannot effect the arrest by himself, he may summon assistance from any persons nearby and in the position of giving such assistance provided the same is without risk on the safety of such person.
5.
METHODS OF CONDUCTING SEARCH a.
WALL SEARCH i.
Require the subject to place both hands on the wall. Spread hands as far apart as possible. Palms spread on the wall with fingers extended.
ii.
Extend the subjects feet back away from the wall as far as possible. Spread them apart as far as possible, toes pointed out. Buttocks should not be on an arched position.
iii.
The subject‘s head should be down or bowed at all times.
Coast Guard Education and Training Command
Page 131
Maritime Security and Law Enforcement Manual s.2011 iv.
In serious apprehensions, weapon must be held in ready position all throughout the search.
v.
The body must be searched thoroughly with the foot of the searcher placed tightly against the subject‘s foot, right with right, left with left, anklebone to anklebone.
vi.
b.
Remove any objects found, then examine the palm of the hand including between the fingers.
STANDING SEARCH – Raise subject‘s hand over his head and spread his feet as far apart as possible.
c.
KNEELING SEARCH – Let the subject kneel on the ground with hands raised and placed on top of his head.
d.
PRONE SEARCH i.
Subject lies on his stomach with arms and legs outstretched.
ii.
The disadvantage of this method is that the subject has both of his hands and feet free. This method is dangerous especially if the subject has knowledge of judo.
iii.
6.
METHOD OF RESTRAINT Basic Technique (Bare Hands) a.
Voice Command
With a loud and clear voice, make the suspect pay attention and comply
Maintain distance from the suspect to have room to react in case suspect turns hostile.
If the suspect does not obey the order, take it to mean that the suspect intends to resist the command.
When the suspect obeys the order, do not let your guard down.
Maintain the stance that offers you immediate defense in case the suspect turns aggressive.
Complement your voice commands with physical gestures.
Give concise and clear orders. Command Examples Freeze, Don‘t move, Hands up, Knees down, Lay down, Hands back, Stand up, etc.
Coast Guard Education and Training Command
Page 132
Maritime Security and Law Enforcement Manual s.2011 b.
Neutral Stance The neutral stance (or passive stance) is a natural position. It is extremely useful in all aspects of training, considering that, on a deck of a ship or on a street, you will most likely need to perform combative and self-defense techniques without any preparation. The Stance: Stand with your feet about shoulder-width apart, with your arms hanging to the sides.
c.
Fighting Stance Take this stance when preparing for a confrontation (Left-leg-forward bare hands stance).
1)
Lower half of the body a)
Stand with your feet shoulder-width apart and take a comfortable step forward with your left foot.
b) c)
Bend your knees slightly. Keep your weight on the each foot evenly.
d)
The toes of both feet should generally point forward, but the forward foot may
e)
Turn slightly inward for better balance.
Coast Guard Education and Training Command
Page 133
Maritime Security and Law Enforcement Manual s.2011 2)
Upper half of the body a)
Keep your hands relaxed (not in closed fists for instantaneous response), hold them up about chin height and comfortable distance away from your face, always protect your face.
b)
Make sure your elbows are in and fairly close to your body to protect your rib cage.
c)
Make sure your shoulders are relatively squared (not turned sideways) towards the opponent.
If you are left-handed, you can take the opposite stance (Right-leg-forward bare hands stance) as shown in the following pictures.
d.
Moving in Fighting Stance Starting Position: Left-leg-forward bare hands stance 1)
To advance a)
Move your left foot forward while pushing off with your right
b)
foot, and then bring your right foot forward to return to a stable stance. Keep your weight evenly over both feet; don‘t lean forward as you advance.
c)
Don‘t lift your foot while moving forward. Slide your foot on the ground.
Coast Guard Education and Training Command
Page 134
Maritime Security and Law Enforcement Manual s.2011
Numbers 1 and 2 are basic in every movement! 1:
2:
Coast Guard Education and Training Command
Page 135
Maritime Security and Law Enforcement Manual s.2011 2)
To go to the right: Move your right foot out, pushing off with your left foot, and then bring your left foot in so that you return to a stable stance. 1:
2:
Tips:
Move with quick, shuffling motions, staying close to the ground. Don‘t hop!
Once you get a feel for the basic movement, practice moving along diagonal lines.
Coast Guard Education and Training Command
Page 136
Maritime Security and Law Enforcement Manual s.2011 
These diagonals will allow you to advance and retreat while staying out of reach of your opponent‘s weapons (i.e., not being right in front of them).
3)
To go to the left Move your left foot out, pushing off with your right foot, and then bring your right foot in to return to a stable stance. 1:
2:
Coast Guard Education and Training Command
Page 137
Maritime Security and Law Enforcement Manual s.2011 4)
To retreat Move your right foot back, pushing off with your left foot, and then bring your left foot back, returning to a stable stance. 1:
2:
e.
Movement against the attacker Movement against the attacker is to move off the line of attack of the attacker with a circular motion.
Coast Guard Education and Training Command
Page 138
Maritime Security and Law Enforcement Manual s.2011 Basic Suppression Technique (Bare Hands) a.
Punch 1)
Starting Position: Left-leg-forward fighting stance.
2)
Drive with your legs and keep your elbows down as much as possible, extend your right fist forward. As your hand travels out, rotate your shoulder and hip forward to add power. Pivot your foot like you are putting out a cigarette.
3)
When contact is made, be sure that your wrist is straight. The pain of the punch should felt by the target.
4)
Draw back quickly; bring your hands back to starting position.
Coast Guard Education and Training Command
Page 139
Maritime Security and Law Enforcement Manual s.2011 How to make a fist: For your punch to be strong and effective, you must first learn how to make a correct fist (see below). After that, it is up to you to learn and master it into a powerful weapon through your training. i.
Stretch the hand out flat, with the palm facing downwards.
ii.
Open the thumb and bend the ends of the fingers over, keeping them tightly together.
iii.
Now roll the fingers so that they are tightly ‗shut‘ into the palm of the hand.
iv.
Wrap the thumb under the gripped fingers to seal the fist. Keep the wrist straight and the punching knuckles prominent.
Coast Guard Education and Training Command
Page 140
Maritime Security and Law Enforcement Manual s.2011 Correct Fist
Straight
Flat
Incorrect example: 5)
To make your fists tight and strong, ―correct knuckle out push-up (knuckle out push- up)‖ is the most effective way.
Wrong knuckle push-up!
Coast Guard Education and Training Command
Page 141
Maritime Security and Law Enforcement Manual s.2011 b.
Kick 1)
Starting Position: Left-leg-forward fighting stance
2)
From the fighting stance, lift the right knee. As you start to do so, pull the toes back as far as possible on the kicking foot. Lift the knee as high as you can. At this midpoint, make sure the supporting leg is well bent, acting like a spring, aiding you balance. Keep your hips square on to the target.
Coast Guard Education and Training Command
Page 142
Maritime Security and Law Enforcement Manual s.2011 3)
Kick out with the right leg, and at the same time push both hips forward into the attack. Strike the target with the ball of the foot (wearing shoes). Make sure you don‘t lock the supporting leg. Remember that your knee is acting like a spring here, so keep it bent to absorb the impact of striking the target.
4)
Upon striking the target, snap the kicking leg back to its midpoint position quickly. Feel the calf pressed against the back of the thigh. By doing this you will be sure to have snapped the kick back correctly. Common mistakes when kicking is failure to pull back the leg quickly once the kick has been delivered. This leaves you vulnerable to a counter-attack. Recover the kick quickly, and then return the foot to the starting point and you have also the option of stepping forward.
Tips: The kick should be straight, in line with your chin. Note the bend in the supporting knee, and that the body is square on - don‘t let it twist as you deliver the kick.
Coast Guard Education and Training Command
Page 143
Maritime Security and Law Enforcement Manual s.2011 Strike Area Inside a shoe or boot, pull the toes back as far as you can and aim to land with the ball of the foot. Remember to point the foot into the attack, so that you don‘t hit with the sole of the foot.
Strike Area
Holds and Locks Technique Concept of Holds and Locks Technique Holds and locks techniques are leverage techniques against joints. These methods may be used to merely control the opponent, as a law enforcement officer arresting a resisting drunk, or it may be employed as an attack against the joints, executed so as to tear ligaments and tendons. Most holds and locks techniques will tear the supporting structure around the joint rather than break the bones. Procedure in performing Holds and Locks Techniques a. Follow-on arresting techniques begins with the contact with an attacker‘s hand or body when the attacker grabs your clothes, wrist or throat, or punches, pushes or kicks. b. Assume attacker‘s next move. c. When you are within the attacker‘s hand strike or grapple range, you should engage to suppress him on the ground that he is showing aggression to you.
Coast Guard Education and Training Command
Page 144
Maritime Security and Law Enforcement Manual s.2011 d. When you initiate your move to apply your technique against the attacker, you should throw him out of balance first as quick as you can and suppress him without any hesitation. After that you adjust your pressure as may be appropriate according to the degree of his resistance. Basic ―Holds and Locks Technique‖
Wrist Lock
Elbow Lock
Underarm Lock
Small circle wristlock
Arm Twist Coast Guard Education and Training Command
Page 145
Maritime Security and Law Enforcement Manual s.2011 a.
Wrist Lock 1)
Grab the opponent‘s wrist with your one hand.
2)
Grab the opponent‘s hand with your other hand.
3)
Twist the opponent‘s hand towards the direction of the opponent‘s fifth finger about 90 degrees (like twisting a cap off the bottle)
Coast Guard Education and Training Command
Page 146
Maritime Security and Law Enforcement Manual s.2011 4)
Exert pressure to finish!!
Keep the each angle of the opponent‘s hand, arm and upper arm being 90 degrees. b.
Elbow Lock
1)
Grab the opponent‘s wrist with your one hand.
Coast Guard Education and Training Command
Page 147
Maritime Security and Law Enforcement Manual s.2011
c.
2)
Twist the opponent‘s wrist inward and put your arm of your other hand on the opponent‘s elbow
3)
Hold the opponent‘s wrist on your waist and exert pressure on the opponent‘s elbow downward to finish!
Underarm Lock 1)
Grab the opponent‘s wrist with your one hand.
Coast Guard Education and Training Command
Page 148
Maritime Security and Law Enforcement Manual s.2011 2)
Grab the opponent‘s hand with your other hand.
3)
Twist the opponent‘s wrist inward and put your forearm on the opponent‘s elbow, and fold it.
4)
Hold the opponent‘s wrist on your chest and exert pressure on the opponent‘s elbow downward to finish!! Keep the angle of you and the opponent being 90 degrees.
Coast Guard Education and Training Command
Page 149
Maritime Security and Law Enforcement Manual s.2011 d.
Small Circle Wrist Lock 1)
Grab the opponent‘s wrist with your one hand.
2)
Grab the opponent‘s wrist with your one hand and move in a circular motion to unbalance the opponent.
3)
Turn the opponent‘s hand inward into the direction of inside of the opponent‘s arm and exert pressure downward to finish!! Keep the position of the opponent‘s hand and finish just in front of your navel.
Coast Guard Education and Training Command
Page 150
Maritime Security and Law Enforcement Manual s.2011
Keep the each angle of the opponent‘s hand, arm and upper arm at 90 degrees. e.
Arm Twist 1)
Grab the opponent‘s wrist with your one hand.
2)
Grab the opponent‘s wrist with your one hand.
Coast Guard Education and Training Command
Page 151
Maritime Security and Law Enforcement Manual s.2011 3)
Raise the opponent‘s elbow upward by twisting the opponent‘s wrist inward.
Change your left-hand grabbing of the opponent‘s wrist. Raise it upward to finish!! 4)
Put the opponent‘s arm on the back of the opponent.
5)
Unbalance the opponent.
Coast Guard Education and Training Command
Page 152
Maritime Security and Law Enforcement Manual s.2011 6)
Unbalance the opponent to finish!! You can use this technique for moving him.
Importance of developing muscle memory There is a strong possibility that as law enforcers, we are suddenly attacked by offenders in ordinary situations prompting us to use arresting techniques for selfdefense. As the offender acts on impulse, we have no time to prepare on how to deal with the situation accordingly. Furthermore, we get excited and nervous in our defense, therefore we are unable to use more than one tenth of the techniques we have been trained in. Then we can rely only on our musclememory-techniques. We have to practice regularly and go through the same skills over and over again to strongly develop our muscle-memory. If we do so, we will be able to protect not only ourselves but also our buddies. Personnel restraint and search b. Reason for restraint or control 1) 2) 3) 4) 5) 6)
Stop the suspect and prevent him from fighting back; Prevent the suspect from harming himself; Prevent the suspect from harming other; Prevent the suspect from asking help from others or to warn his cohorts; Control the suspect during body search; Prepare the suspect to be moved or be transported.
c. Reasons for search 1) 2) 3) 4) 5)
To discover and confiscate any offensive(deadly) weapons To determine the presence of body traps To find and confiscate any remote controlled detonating device To secure and protect evidence To recover any clues which will aid in further search of the ship or identify other terrorists on board
Coast Guard Education and Training Command
Page 153
Maritime Security and Law Enforcement Manual s.2011 d. Approaching and controlling suspects 1) Always operate as a team - Teamwork Responsibilities of every team member Position of team members relative to suspect (Right position of team member) Maintain relative positions of non-interference Action if resisted 2) If possible, bring the suspect to safe area 3) Prepare the suspect, he must always be restrained before being searched e. How to effect restraint (Use of Handcuffs) 1) Compliant case a) Give voice command with corresponding body gestures, ordering ―Stop! Don‘t move; move to wide open stance, hands up‖. Maintain the appropriate distance from the suspect.
b)
Approach the strong side of the suspect from the back
Coast Guard Education and Training Command
Page 154
Maritime Security and Law Enforcement Manual s.2011 c) Carry out the ―Arm Twist‖ technique to the strong hand, bring the hand behind the back.
d) Take out handcuff with your free hand, and attach the handcuff on the retrained hand of the suspect.
How to hold the hand cuff. Make use of one hand in holding the handcuffs! The holding may be done either by your left or right hand, both will do! Select whichever is comfortable for you to use.
Coast Guard Education and Training Command
Page 155
Maritime Security and Law Enforcement Manual s.2011 e) Always Give voice commands while in the act of restraining the hand at the back of the suspect and attaching the handcuffs. f) When the suspect begins to resist, push the suspect‘s feet apart wider, and throw him down on his back. When executing this movement, make sure you don‘t hurt the suspect‘s head.
g) If the suspect to be arrested turns out to be a high risk one, make the suspect kneel, cross his legs, and extend his arms back, and then approach the strong side, grasp suspect‘s thumb with your weak hand, rotate thumb and cuff simultaneously.
Coast Guard Education and Training Command
Page 156
Maritime Security and Law Enforcement Manual s.2011 2) Non-compliant case a) Using your arrest techniques, make the suspect lie on his belly with his hands behind his back(prone). Your weight should be pushed on root of neck.
b) While keeping the suspect‘s hands at the back, suppress the suspect by kneeling at the back of his neck from the head side c) Attach the handcuff with a single hand making sure that the suspect‘s hand remains at his back. d) While keeping the cuffed hand on his back, grab the suspect‘s other hand, and bring it towards the cuffed hand and then attach the handcuff.
3) Multiple suspect cases a) Position the suspects so that they cannot communicate with or touch one another, either single file, staggered or diagonal, standing, kneeling or prone depending on the degree of the risk of the suspects getting away or escaping. Keep them off balance (If necessary, the law enforcer may use weapons according to necessity) b) Bring the suspects back one at a time and restrain them.
Coast Guard Education and Training Command
Page 157
Maritime Security and Law Enforcement Manual s.2011 c) Equally restrain the other suspects d) After restraining all the suspects, move the suspects to a safe area, and then search them one at a time. e) Always work in teams and be ready to help every teammate. f.
How to search 1) Compliant case a) Place one foot behind the suspect‘s foot, grip the handcuff-chain, and check the body of the suspect with your free hand from the back of the suspect. b) Check hair, mouth, all pockets, inside of clothing, shoes, at first one side of body and follow to the other side of body. c) Record where the evidences or dangerous objects were obtained from the suspect.
Coast Guard Education and Training Command
Page 158
Maritime Security and Law Enforcement Manual s.2011 2) Non-compliant case With the suspect lying down, grip the handcuff-chain, check body by single hand starting from the back.
Change from one side of the body to the other side!
Coast Guard Education and Training Command
Page 159
Maritime Security and Law Enforcement Manual s.2011 g. How to transport 1) Grip the collar of the suspect and the handcuff, make sure that suspect is off-balanced, give the necessary voice commands, push suspect where you want him to go. When the suspect manifests form of resistance, push the handcuffed hands upward and bend suspects body backwards.
the the any the
―Off- balance‖
Coast Guard Education and Training Command
Page 160
Maritime Security and Law Enforcement Manual s.2011 2) When there is no available handcuff, we use the arresting technique ―Wrist Lock‖ or ―Elbow Lock‖ on the strong arm of the suspect.
―Wrist Lock Transport‖ If the suspect resists, twist the wrist more!
―Elbow Lock Transport‖ If the suspect resist, push down the elbow! In the conduct of the arrest it may be unavoidable that necessary force may be applied in order to effect an arrest. However, use of force is subjective and depends largely on the demeanor and reaction of the suspects to the arrest and the response of the PCG officers and men to such reaction of the suspects. Hence it is important that all PCG officers and men must be familiar with the levels of use of force in order for them to properly react to any situation where use of force may be required.
Coast Guard Education and Training Command
Page 161
Maritime Security and Law Enforcement Manual s.2011 C. BOARDING PROCEDURES
I
n the conduct of MARSLEN Operations, PCG personnel are oftentimes necessitated to board a vessel in order to check
for violations of maritime rules and regulations, and thus must know the procedures in boarding a vessel. Overview:
This section contains information about procedures required by boarding team members and boarding officers in every routine boarding.
Safe and thorough boarding starts before the boarding team embarks the subject vessel and last until well after the boarding has concluded.
THE BOARDING PROCESS
Pre-boarding (review)
Embarkation Initial Safety Inspection (ISI) and/or Extended ISI
Routine Inspection
Debarkation Debrief
BOARDING PREPARATION
Observations
Coast Guard Education and Training Command
Page 162
Maritime Security and Law Enforcement Manual s.2011
Pre-boarding Questions
Intelligence
Boarding Team Brief
Boarding Instructions to Subject Vessel Boarding Instructions to Master
Boat Crew Brief
GEAR & WEAPON PREPARATION
Gear o
Body Armor
o o
Utility Belt Boarding Kit
Proper Loading Procedures o o o
Pistol Shotgun Rifle / Machine Gun
BOARDING TEAM BRIEF As a minimum, the following should be discussed:
Specific duties of each team member Communications (code words) Complete appraisal of the situation
Positioning of the cutter and/or small boat
Contingency plans
FIVE SAFETY RULES FOR CONDUCTING BOARDINGS
Work in pairs
Account for all of the crew Watch your line of fire
Protect your weapon Prevent tunnel vision
Coast Guard Education and Training Command
Page 163
Maritime Security and Law Enforcement Manual s.2011
INSTRUCTIONS TO SUBJECT VESSEL:
Course / Speed
Vessel configuration
INSTRUCTIONS TO THE MASTER:
Inform master of your intentions
Boarding team will not need assistance
Gather ID and vessel documentation
BOAT CREW BRIEF:
Type and size of vessel
Hazards observed
Location of embarkation
Size of boarding party Weather
Position of small boat after embarkation Contingency plan if needed
EMBARKATION Have the crew of the boarded vessel muster in an appropriate location. This location depends on many factors such as number, weather, intelligence, etc. Board the vessel in a predetermined order and take up positions that will provide security based on triangulation, observation and line of fire. If the boarding is from a small boat, the boat should usually stand off to observe, but not block, fire or assistance from the parent unit.
Coast Guard Education and Training Command
Page 164
Maritime Security and Law Enforcement Manual s.2011
SECURITY CONSIDERATIONS: The following security considerations must be taken into account when the decision has been made to transfer prisoners from the seized vessel to the Coast Guard vessel. They include: Size of the transport
Number of crew and guards needed Number of prisoners Transfer facility – getting the prisoners from the seized vessel to the Coast Guard vessel
Line of fire Triangulation
Boarding team size
Number of persons on board Size and configuration of seized vessel
Intelligence
Coast Guard Education and Training Command
Page 165
Maritime Security and Law Enforcement Manual s.2011
BOARDING OFFICER INTRODUCTION The boarding officer should introduce himself and explain the purpose of the boarding. Take time to ensure that the purpose is clearly understood and explain the expected conduct of the crew during this process. The boarding officer must, by conduct, speech and procedure, convince the crew that he is capable of controlling the situation. This is psychological process known as Command Presence. By letting the crew know your expectations up front and by convincing them you can control yourself and your team, you will ensure a safe professional effort. The following are the guidelines on how to introduce oneself as a boarding officer:
Greet the master
Identify yourself Ask about weapons
Explain boarding process
Set positive tone
Good day, Captain, I‘m officer _________ with the Philippine Coast Guard. We are here today to determine the status of your vessel and ensure compliance with all applicable Philippine maritime laws and regulations. Without reaching or touching them, are there any weapons on board?‖
SECURING WEAPONS Determine if there are any weapons aboard. Ask if there are any and where they are located. Conduct a security sweep at this time. A team member should locate and verify each weapons and ammo, posting a guard on the weapons, locking weapons in a safe place or taking custody of the weapons. Be guided with the following:
Unload (if capable) Separate the weapon and ammunition
Stow the weapon in a safe location
Return the weapon or inform where it is (when boarding is complete)
Throughout the boarding, adjust your security response as necessary. You may want to keep the crew together. Remember that intelligence gathering of changes in the degree of risk. If it becomes unacceptably high, don‘t hesitate to call for help or depart the vessel and wait for help. Be flexible and adjust as necessary.
Coast Guard Education and Training Command
Page 166
Maritime Security and Law Enforcement Manual s.2011
CONDUCT INITIAL SAFETY INSPECTION (ISI) Always keep in mind the purpose of the boarding, and act accordingly. If this is a compliance inspection or a visit to determine nationality, the intensity of the search and consequently the ―tone‖ of the boarding will be different from that of one in which there is a high degree of expectation that a violation of law has already occurred.
Identify potential safety hazards
Assess seaworthiness of vessel
EXTENDED ISI
Locate and secure known weapons Account for the crew
Address specific safety hazards
Complete the paperwork Point out the Master any safety or operational problems you have observed.
Return any weapons to the Master. It is preferable that ammo be kept separate.
Depart the vessel in an orderly fashion. If you have reason to seize the vessel and /or arrest the personnel:
Handcuff and search each crew member.
Conduct a thorough search for additional evidence. (Handling of the evidence is covered in later lessons.)
Transfer the prisoners to the parent unit.
Unless circumstances dictate otherwise, persons arrested should be searched, given Miranda and Removed to the Patrol or transfer vessel. Prisoners should be permitted to bring with them only those clothes or toilet articles that are necessary for the trip back to port and these personal effects should be thoroughly searched. Medicines should be maintained and dispensed by unit‘s medical officer or Officer in Charge. If possible, prisoners should be separated and not allowed to talk with each other until interrogated by trained personnel or transferred to another agency. Any statements from a prisoner should contain the suspect‘s acknowledgement. All guard should be prohibited from talking with prisoners and informed of their specific guard duties. Guard watches should be kept short to minimize the potential danger of an armed guard falling asleep or becoming friendly with a prisoner only to be overpowered.
Coast Guard Education and Training Command
Page 167
Maritime Security and Law Enforcement Manual s.2011 Valuables and personal effects from a seized vessel must be carefully inventoried. Money taken from a prisoner must be counted and recorded. The custodian of the inventoried articles may also be the evidence custodian but he should not also be the custodian of the prisoners. (This will prevent any possible allegation of theft against guarding officials). The duties of the prisoner custodian may vary but he must always MAINTAIN CUSTODY. Once the prisoners have been transferred to the cutter, certain information should be obtained. A Post-Arrest Interrogation is done to gather information about the prisoner and to gain intelligence A chain of custody should be maintained on all of the documentation and personal effects when signed over. The chain of custody is just as important when signing over the prisoners and their personal effects as when doing the same with evidence. Some of the personal effects (i.e. clothing) may have evidential value and an accounting of the dealings with the prisoners must still be maintained.
INSPECTION Once a vessel has been identified as a candidate for boarding and taken the correct procedures to stop the vessel, the real task begins. The same basic procedures holds true whether the vessel is in port or at sea and also for post rescue operations to insure the vessel is secure and all evidence has been collected. Unless there is information or hard intelligence, the object of the search is probably unknown. Again the techniques are the same; contraband, evidence, people, weapons or explosives are all searched for n the same careful, coordinated manner. During the inspection of the vessel, the boarding team will have to inspect the following ship data:
Master / Crew ID Master‘s Credentials
Vessel Documents Cargo Documents
Shipping Agent Info
Navigational Data Condition of Cargo
Condition of Vessel
Configuration
Suspicious Indicators
Admin Compliance
Coast Guard Education and Training Command
Page 168
Maritime Security and Law Enforcement Manual s.2011 In the course of the inspection, there may be a need to conduct a thorough search of the vessel. Prior to the conduct of the search, the boarding team must consider crafting a good plan to ensure the success of the search. Planning includes the following: ORGANIZATION Searching a vessel calls for organization and planning. Setting up a search organization is not complicated but will require some adjustments each time depending on the size of the vessel to be searched, the purpose of the search and the team available to conduct the search. The search plan can ensure that the ship is divided into manageable areas; that all areas to be searched are covered; that the search parties will be able to access those areas and that, because the size and contents of the areas have been considered, all search teams will finish at approximately the same time. AREA SEARCHES THE MOST IMPORTANT THING TO REMEMBER IN A SEARCH IS THAT THE PEOPLE YOU ARE DEALING WITH ARE NOT LAZY BUT THEY HOPE YOU ARE. They had plenty of time to develop and carry out their plan. As a law enforcement agents, PCG officers and men must not do less if they want to find what they hid. Perseverance and Ingenuity are the watchwords of a good searcher. One must be prepared to take time, to get dirty and always be thinking. The contraband may be under the anchor chain, under a ton of fish or inside a tank of oil. The search must be systematic, investigate all spaces, even apparently dead ones. Follow decks through bulkheads, working from stem to stern, mast to keel. Never anticipate what one may find. Expect the unexpected. An officer might find anything. Enter every space with caution. Voids especially should be entered by only one person at a time, and if the possibility of gasses or lack of oxygen exists, should be ventilated and checked first. Upon entering a space, stop, stand still and listen for the following: o
Ambient sound – what are the usual shipboard noises in that space?
Coast Guard Education and Training Command
Page 169
Maritime Security and Law Enforcement Manual s.2011 o
Anything unusual – ticking that might be a timing device for a bomb; breathing that isn‘t yours!
o o
EXPECT THE UNEXPECTED! Don‘t neglect the sense of smell.
Make a quick visual survey of the entire space. Look for anything obvious. Don‘t neglect the overhead. Searches tend to look down, and to the sides. They often forget to look up. If circumstances permit, having someone familiar with the space being searched in the party is quite helpful. If one cannot make use of a crew member, having engineers search engineering spaces and deck personnel search deck and cargo spaces is useful. The idea is that those most familiar with what is ―normal‖ will spot the ―unusual‖. Proceed to search the space in three sections: from the deck ( and subdeck if there are voids) to waist level: waist to overhead and finally into ceilings, ducts, light fixtures, etc. If anything is found: o o o
Photograph it in place, if possible Make accurate notes as to how it was found. If an explosive device/bomb/ or suspicious object which CALL FOR QUALIFIED PERSONNEL TO DISPOSE OF IT OR DISARM IT. The search coordinator will decide whether until the said discovery is dealt with.
Use flashlights and mirrors to reconnoiter tight or inaccessible areas rather than one‘s hand and arm. Booby traps, rats, insects, etc. may be what a searching party may find. None would be very pleasant to get hold of. Use non-sparking tools when opening cover plates, hatch covers, etc. The three major areas the search will cover are: the Stewards‘ department, the Deck department and Engineering Department. PLACES OF CONCEALMENT Knowing the more common places that contraband is hidden make the search a little easier and quicker. Don't, however, let ―known" places for concealment lull one into a false sense of security.
Remember a PCG
Officer are dealing with professionals also, so they are going to attempt to fool him by not doing the obvious. And once an officer has found
Coast Guard Education and Training Command
Page 170
Maritime Security and Law Enforcement Manual s.2011 something DON'T STOP. The explosive device located may be a decoy or only one of many. The same may be true of contraband. Once the team has started a search, finish it in accordance with the search strategy.
In the Steward‘s department: o
Galley-under or behind stoves and refrigerators. In food or supply containers.
o
Common spaces-under cushions, fixed to bottom of chairs,
o
behind
books
on
shelves. Stateroom inside personal belongings, behind mirrors, on top of lockers, fixed to bottom of drawers, openings behind drawers
o
behind paneling. Between bunk and bulkhead, in overhead, in light fixtures. Bonded stores-concealed in sealed cartons.
o o
Lockers-gear lockers or spaces used for stowage of luggage. Freezers-wrapped to resemble meat or other food stuffs.
o
Food storage areas.
In the Deck department: o
Bridge-flag locker, emergency equipment, in false bottoms of fire extinguishers, inside ventilators.
o
Radio room
o
your inspection. Lifeboats - check emergency equipment and rations
o
- inside cabinets and racks. Have RO open these for
spaces. Storage and paint lockers the cans themselves.
well as stowage
- false bottoms of paint containers and in
o
Dunnage - it may be necessary to move it. Contraband has been found under piles of rope and chain as well.
o
Cargo holds - the amount of effort to be expended on cargo is decision that will be made when developing the search strategy. It may be advisable to spot check cargo or if hard intelligence dictates, move or search the entire load. In one case, the U.S. Coast Guard moved an entire hold of gravel to get to the multi-ton load of marijuana they were certain was aboard the vessel.
Coast Guard Education and Training Command
Page 171
Maritime Security and Law Enforcement Manual s.2011 o
Booms and cranes – don‘t neglect control booths or dog houses, as well as the machinery itself.
o
trash and garbage receptacles – it is a dirty job but they count on you not doing it.
Engineering department: o
Engine room - once you have seen the maze of machinery, pipes and wires that make up an engine room, you'll understand the advisability of having engineers search these spaces. Also, have a member of the ship's crew available if you plan to open and valves
o
or shift any fuel or water. Maintenance and storage lockers - the spare parts and tool boxes.
o o o
Bilges - including the bilge well at the end of the shaft alley. Steering machinery - also inside spaces in switch control boards. Shaft Alley - another confined and usually rather unpleasant place
o
Tanks
o
consumption tanks, inside lubricating oil tanks, inside fuel oil tanks. Voids
- inside empty water tanks, inside sewage tanks, inside daily
Containerized cargo presents some special problems in concealment and alterations. The container may have false walls, false floors, false roof, or the refrigerator unit may have been altered. The chassis should be checked to insure no changes have been made to the cross beams, longitudinals, and compressed air tanks and the tires. Some things which might indicate a container has been altered are: fresh paint; an unusual odor indicating the presence of marijuana or some other substance; badly stenciled or improperly located numbers; the numbers on the inside and outside of the container don't match. Panels where there should be none or panels which look different from the rest; Walls which sound hollow where ribs should be; walls that sound hollow where they shouldn't; newly welded, painted or repaired tank containers. Several techniques which may aid in detecting false compartments in containers:
Coast Guard Education and Training Command
Page 172
Maritime Security and Law Enforcement Manual s.2011 o
count and compare the number of exterior and interior struts and ribs.
o o
compare interior and exterior measurements. drill container wall, floor and roof.
o
Check corner castings.
o
tap suspected areas with hammer or other tool.
Another possibility which must be considered is that of a ―hidden compartment", that is a space which is built into or onto the vessel. These may be very difficult to find at sea. Some of the possible indicators of hidden compartments: o o
Recent, fresh fiberglass work and materials. Bolts around a manhole cover which have no rust on them.
o o o
Deck of a compartment is slippery and there is the smell of diesel fuel. Excessive fuel capacity aboard small vessels. Vessel riding low in the water and no cargo on board.
o o
Fresh paint en part of a bulkhead with opened paint cans close by. Permanently installed water tank capable of holding excessive water for the size of vessel.
o o o o
Fresh welds on deck, overhead or bulkheads. Pumping fuel from a sounding tube results in excessive drop in fuel level. Definite odor of marijuana, but no marijuana can be located. Overlook nothing. If you imagine it could be a place to hide something, check it. Someone else might have an imagination as great as yours.
DEBARKATION
Provide direction to the master and crew
Return personal property Inventory your equipment
DEBRIEFING & PROCESSING
Boarding Team Debrief
Command Debrief Record Keeping / Intelligence Boarding Report
Coast Guard Education and Training Command
Page 173
Maritime Security and Law Enforcement Manual s.2011
Coast Guard Education and Training Command
Page 174
Maritime Security and Law Enforcement Manual s.2011
PCG Special Operations Group boarding a suspicious vessel
1. General Guidelines: Set general quarters when approaching the suspect vessel to ensure preparedness to respond according to the situation. A General Quarter (GQ) is an alert condition and all hands man their battle stations and all preparations are made to place the ship in the highest state of readiness.
Public Address System
If suspect vessel stops or lie to, apprehending PCG vessel approaches slowly while still in general quarters. Through public address system or appropriate communication, direct all crew of personnel of suspect vessel to gather and expose in open deck before boarding and search of vessel. If the apprehending PCG vessel has another smaller craft (e.g. rubber boat or rescue boat) and sea conditions allow, it can be used to send the boarding team while the apprehending vessel is situated at a safe distance monitoring the boarding. Boarding team then directs the crew and personnel of suspect vessel to expose themselves in open deck.
Coast Guard Education and Training Command
Page 175
Maritime Security and Law Enforcement Manual s.2011
PCG Rubber boats and small seacrafts
The use of force is justifiable when there is a threat to the life of the team members, or to protect the lives of other persons. Hence, if fired upon by any hostile force, or if the team members have probable cause to believe that the suspects pose an imminent danger of death or serious physical injury to the team or innocent persons, they may open fire. However, the excessive use of force shall be avoided. During an armed confrontation, the Team may use reasonable force to overcome the threat posed by the suspect. However, the Officer-In-Charge (OIC) of the operation shall at all time exercise control over his men in the area, and shall ensure that no innocent civilian is caught in the crossfire. Safety of the ship and personnel is paramount at all times. 2. Routine Board and Search: a. When the suspected ship or watercraft is determined to be hostile, the Officerin-Charge/Boat Captain may reduce the level of combat readiness of the small craft. This shall be done during daytime only, since show of force may instill fear and apprehension on the crew or passengers. However, during periods of darkness or low visibility, combat readiness shall be observed while approaching the suspected ship or watercraft. b. Once alongside, Board and Search Party shall board the suspected ship or watercraft ensuring that guards are posted to watch the crew and passengers. c. Gunners must remain at their respective gun stations with the guns pointed towards a safe direction but ready for immediate use. d. Mooring lines must not be tied securely but looped as provisions for emergency breakaway. e. Immediate General Quarter (GQ) must be set in case the crew or passengers of the suspected ship or watercraft become hostile or attempt to fight. f.
Resume normal watch only upon completion of board and search.
Coast Guard Education and Training Command
Page 176
Maritime Security and Law Enforcement Manual s.2011 3. Combat Board and Search: a. When suspected
the ship
or watercraft is considered as hostile and was forced to stop at sea, the Officerin-Charge/Boat Captain
must
maintain utmost combat readiness of the small craft. b. Approach the suspected ship or watercraft with extreme caution and always stay at advantage position whereby great volume of fire can be delivered effectively to inflict the maximum damage hostilities. c. At a distance of 300 yards, the Officer-in-Charge/Boat Captain shall instruct all the crew and passengers by public address System or megaphone to come out to the weather deck and position themselves where they could best be seen. d. As soon as the crew and passengers have complied with the instruction, the Officer-in-Charge/Boat Captain continues the approach and comes alongside. Mooring lines must be tied securely but looped as provision for emergency break away. e. Once alongside, Board and Search Party shall board the suspected ship and watercraft, ensuring that guards are posted to watch the crew and passengers. f.
Ensure that combat readiness is maintained until apprehended ship or watercraft and/or captured person are turned over to proper authorities.
There are instances that a vessel may have to be boarded stealthily. Shipboarding by combatant swimmer assault is the most, difficult and potentially hazardous mission one can perform. Swimmers are clandestinely inserted into the area of operation by whatever means available (e.g., patrol vessel, indigenous fishing vessel,). They follow a course, taking into account the tides and currents of the area of operation into the target.
Coast Guard Education and Training Command
Page 177
Maritime Security and Law Enforcement Manual s.2011 NOTE: In most combat swimmer profiles, personnel swim in pairs. This tactic was devised to increase the success of ship attack since the many variables associated with swimmer operations may cause one or more pairs to miss the target, or abort the swim. However, during an assault of this nature, success depends on the assaulting element arriving at the same time together. The assaulting team swims clandestinely in formation, each man carrying his individual weapons, equipment and specialty gear. (Designated personnel carry hooks, poles, and ladders). The assault team is piloted by the primary diver and is flanked by his swim buddy.
FORMATIONS: Line Abreast Pilot flys from the center of the group. This is effective in open waterways when visibility is zero. Pilot inaccuracies may be compensated by the width of the formation. Wedge This formation is used with large groups and when visibility is limited. At the objective area this formation can easily move into a line abreast and spread out to find the target. File This formation can use extended painter poles between divers.
Echelon This formation is used in narrow waterways. The pilot controls the pace of the swim while keeping in mind that he's maintaining the speed according to the brief; that is no faster than the slowest man you will have worked out Standard Operating Procedures to slow down, change course, or to let somebody know there is a disorder or injury.
Coast Guard Education and Training Command
Page 178
Maritime Security and Law Enforcement Manual s.2011 SHIPBOARDING PROCEDURES a. Arrive in the target area b. Extend telescopic pole c. Attach hook and ladder d. Secure fins e. Ascend ladder BOARDING PROCESS REQUIRES MINIMUM 0F 4 PERSONNEL Poleman a. Carry pole to target b. Inflate life jacket c. Extend pole to required length insuring not to overextend d. Submerge pole between legs e. After hook and ladder is attached to pole, slide hook and ladder up ship side to f.
ship safety line or designated attach point Attach hook and ladder
Ladderman a. Carry ladder to target b. Connect hook to pole on poleman's signal c. Ensure ladder feeds out in a smooth manner and does not become entangled d. Ascend ladder on signal from poleman e. Resecure pole from hook to snap link on ladder Security a. Security is maintained by 2 swimmer scouts on the surface of the water b. Note swimmer scouts should utilize SMG for maximum effectiveness and cover down fore and aft of the ship. Use lifejacket to provide a stable platform for shooting. SHIPBOARDING PROCESS a. Once the hook is emplaced, the lead climber removes his fins and face mask snapping them into the bottom of the ladder. He then climbs the ladder with his secondary weapon (silenced) or security, attaches a safety runner, and signals the team up. b. The average time from arriving on target to boarding the ship should be 3 minutes.
Coast Guard Education and Training Command
Page 179
Maritime Security and Law Enforcement Manual s.2011 c. Remember: 1) Dirt dive (practice on land) every detail of the assault. 2) Get buoyancy with all your gear before swimmer departs. 3) Wear a lifejacket for safety and to provide a stable platform for shooting from surface water (tie toggle of lifejacket off with a rubber band so as not to inflate it accidentally). 4) Attach 550 cords to fins with carabineer. 5) Attach chemlites to respective pieces of gear, make sure they are broken prior to climb. 6) Take care of your swim buddy, know his ability. 7) Use
a
piece
of
surgical
tubing or
bungee
cord
for
keeping
SMG secure on your back. ON DECK PROCEDURES a. Once the team is on the deck of the ship, a rally point or tight perimeter is formed. The lead climber directs traffic on deck until the team leader comes on deck. b. Once the team leader is on deck, gear and weapons checks are finalized and coms are made between the team leader and the ground force commander. THE ASSAULT PHASE a. This phase begins when ordered by the ground force commander. Compromise auth ority will have been given prior to insertion of assault team into area of operation. b. Using the available cover and night shadows, the assault team stealthily moves, each member maintaining his field of fire (high, low, or rear security). Once the assault team is at the objective area, and each man in "the ready" position, ground force commander gives the order to execute.
Coast Guard Education and Training Command
Page 180
Maritime Security and Law Enforcement Manual s.2011 c. The assault team makes a "dynamic room entry" according to the Reaction Team's
standard
operation
procedures
and
intelligence
according
to
the brief. The team surgically employs weapons, and clears all rooms until the "last room is cleared. d. The room is meticulously searched by designated team members. e. Hostages and unknowns must be controlled until their identity is confirmed and kept isolated from terrorists and weapons. Hostiles are searched and handcuffed and placed in the middle of the room in a pile, one on top of the other. Hostages and prisoners are escorted out of the room separately by designated personnel, the wounded administered to by onscene medical personnel and prepared for extraction first. f.
The team leader a "Huka" report to the ground force commander to account for all personnel. KILLED
WOUNDED
OKAY
HOSTAGES UNKNOWNS KIDNAPPERS ASSAULT TEAM MEMBERS 4. Conduct of Inspection during Board and Search:
PCG Team ready for boarding
a. Boarding Party Leader must have complete control of his men. Security of the ship must be alerted and should observe the situation at hand.
Coast Guard Education and Training Command
Page 181
Maritime Security and Law Enforcement Manual s.2011 b. The leader must introduce himself to the major patron or captain of the suspected ship or watercraft and state the purpose of inspection. c. Utmost courtesy must be afforded to the passengers and crew especially in requiring them to stay at the bow or fantail during the conduct of inspection. d. No member of the party shall accept or get anything from any crew or passengers of the craft being inspected. e. Ensure that the boat patron and boat engineer of the boarded vessel are always present during the conduct of search and they should be the one to open the boxes, bags, luggage to be searched to avoid booby traps, if any, or prevent getting blamed for any losses or damages to property that may occur. Responsibilities: a. The Officer-in-Charge/Boat Captain of the small craft shall be responsible for the effective implementation of discipline and training of the crew. b. The Commander, Coast Guard Fleet shall be responsible for insuring the high state of operation readiness of the small craft prior to its deployment in the area/operation.
Unresponsive or Hostile Board and Search Procedures:
PCG Personnel boarding a vessel
Coast Guard Education and Training Command
Page 182
Maritime Security and Law Enforcement Manual s.2011 5. General operation against a non-compliant vessel Fundamental procedures for boarding operation against an unresponsive or hostile vessel at sea for law enforcement: The purpose of these procedures are: To guarantee that all actions conducted by Coast Guard personnel are lawful. To accomplish the purpose efficiently. To ensure safety.
a. RECEIVE INFORMATION and ORDER about the SUSPECT VESSEL b. SEARCH FOR the SUSPICIOUS VESSEL c. DETECTION and IDENTIFICATION of the SUSPECT VESSEL ⇒Confirm zone for jurisdiction d. PURSUIT / FORCING TO STOP the SUSPECT VESSEL e. BOARDING the SUSPECT VESSEL f. CONTROLLING the SUSPECT VESSEL and PERSONS ABOARD g. NEUTRALIZING the THREAT of the SUSPECT VESSEL h. INITIAL INSPECTION for JUDGMENT of the SITUATION i. INSPECTION and SEARCH FOR PROHIBITED GOODS, etc. j. INVESTIGATION
Functions and step by step procedures of the operation a.
RECEIVING INFORMATION and ORDER about the SUSPECT VESSEL Patrol vessel receives information about, for example, an unknown ship carrying illegal drugs or poaching, or an unknown ship pirated or was pirated and there is a prospect of pirates still being aboard the victim ship, its location and other details, for example, color, etc. Thereafter, the patrol vessel receives an order from the headquarters to find the unknown vessel.
Coast Guard Education and Training Command
Page 183
Maritime Security and Law Enforcement Manual s.2011 The following are important information about such unknown vessel. 1) 2) 3)
Vessel name Vessel type Nationality of vessel (flag state)
4)
Vessel position
5) 6)
Suspected activity Number of persons on board
7)
Nationality of persons on board
8) 9)
Type of illicit items articles / quantity (known or suspected) Known / suspected weapons
Example of necessary information in case of piracy attack To respond immediately and appropriately to a piracy attack, the International Maritime Organization (IMO) recommends that intelligence officers should try to obtain the following necessary information from various available sources: 1)
2)
3)
Date, time and position a)
Date and time of attack
b) c) d)
Victim ship position when attacked Course and speed of the victim ship Weather conditions, sunrise and sunset time, the age of moon
e)
Other vessels passing-by in the vicinity (ship identity, communication channel, etc.)
Victim ship identity a)
Name
b) c)
Type Length overall, breadth and depth
d)
Flag state
e) f)
Gross tonnage Cargo (type, amount/volume, manifest, price, etc.)
g)
Call sign
h)
IMO number (International Maritime Organization ship identification
i)
number), ship registration number Ship owner, etc.
Situation in which the victim ship was attacked a)
Number and characteristics of the pirate ships (e.g. size, color, materials, propulsion system (outboard engine, etc.), allocation of superstructure, ship mast, machinery)
Coast Guard Education and Training Command
Page 184
Maritime Security and Law Enforcement Manual s.2011 b)
Number and physical characteristics of pirates, their clothes, language, etc.
c)
Details of weapons used (e.g. knife, machete, pistol, revolver, machinegun, rifle, grenade launcher)
d)
Modus operandi of the attack (e.g. approach, boarding, treatment of crew/passengers, degree and nature of act of violence, etc.)
4)
Damage to the victim ship a)
Damage to
the hull, superstructure, cargo loading machinery,
equipment, etc. b) 5)
6)
Stolen items
Casualties of the crews/passengers a)
Killed/injured persons
b)
Kidnapped persons
Characteristics of the pirate vessel a)
Overall photograph
b)
Shape, color (hull, superstructure, funnel)
c)
Other structures (ship mast, loading facility, others)
7) Information related to the victim ship operations
8)
a)
Last port, departure date and time
b) c)
Next port, estimated date and time of arrival Scheduled navigational route
d)
Normal navigational speed
e)
Last known report position, date and time, course, speed
f) g)
Last amount of fuel oil, fresh water, food Possible navigable date or distance
Crew information a) b)
Number of crew/passengers (by nationality) Crew list
c) d)
Passenger list A copy of seamen‘s book or passport
9) Details of kidnapped crews and passengers a)
Identity of kidnapped crew/passengers
b) c)
The room or compartment on board the ship, in which the kidnapped crew/passengers are captured, and its condition
Coast Guard Education and Training Command
Page 185
Maritime Security and Law Enforcement Manual s.2011 Example of piracy incident A tugboat (nationality: Singapore, overall length: 62 m, crew: 22) anchoring off the coast of Singapore was attacked by pirates on board a small craft in June 2009. The pirates gave up attack and left because all the doors and windows were completely locked. The following pictures were taken by one of the tugboat‘s crew members through the windows, one of which shows a pirate carrying an automatic rifle. b.
SEARCH for the SUSPICIOUS VESSEL The patrol vessel then searches for the suspicious vessel which matches the information gathered by establishing a search plan (where and how to search) based on the gathered information.
c.
DETECTION and IDENTIFICATION of the SUSPECT VESSEL When the patrol vessel detects a vessel that corresponds to the description, it must first identify whether the same is the suspect vessel which is the subject of its search. Notes of all activities, communications and observations of the detected vessel must be made from the moment said vessel is sighted. These records may prove very useful if there is an alleged violation and can assist the prosecutor in successfully prosecuting the case. Dates, times, locations and events should be carefully recorded in the system of the patrol vessel. Check both sides of the suspicious vessel for any unusual appearance or activities. There are many cases where a suspicious vessel mingles with other ships for camouflage. In these cases, the identification is not easy. One must not attack unless they are certain that it is the target vessel.
A North Korean spy vessel disguised as a Japanese fishing boat (This vessel can change the display of the vessel name from Japanese fake to Chinese fake).
Coast Guard Education and Training Command
Page 186
Maritime Security and Law Enforcement Manual s.2011
The ring buoy equipped aboard the North Korean spy vessel written with the name of a Japanese vessel and place
Which vessel is the escaping suspect vessel when it mingles with the group of fishing boats? Collecting information about the suspect vessel for identification is very important.
d.
PURSUIT / FORCING to STOP the SUSPECT VESSEL The patrol vessel orders the suspect vessel to stop through the use of radio, international maritime signal flags, flashing light signals (Signal lamp) or loudspeaker. Method of delivery of orders 1) Visual signal a) International maritime signal flags b) Flashing light signal 2) Auditory signal a) Loudspeaker b) Air whistle c) Radio (International VHF channel 16 and 2182 kHz)
Coast Guard Education and Training Command
Page 187
Maritime Security and Law Enforcement Manual s.2011 Effective range of delivery of each signal Method Air Whistle
Effective audible/ seeable range of delivery (meter) 250 and below (inside cabins of a target vessel) 500 and below (outside cabins of a target vessel)
Loudspeaker
100 and below (inside cabins of a target vessel) 350 and below (outside cabins of a target vessel)
International Maritime Signal Flags Signal Lamp
500 and below (by the naked eye) 1500 and below (through binoculars) 1600 and below (by the naked eye)
*These data are experimentally-observed by Japan Coast Guard in calm and fine weather conditions. *The effective range varies depending on sea and weather conditions. Order to stop by International maritime signal flags (a) L (Lima) flag: ―You should stop your vessel instantly.‖
(b) SQ3 (Sierra-Quebec-Three) flag: ―You should stop or heave to; I am going to board you.‖
(c) SQ2 (Sierra-Quebec-Two) flag: ―You should stop or heave to; I am going to send you a boat.‖
Order to stop by flashing light signals (a) L (Lima): { · - · · } (b) SQ3 (Sierra-Quebec-Three): { · · · (c) SQ2 (Sierra-Quebec-Two): { · · ·
Coast Guard Education and Training Command
- - · - - · -
· · · - - } · · - - -}
Page 188
Maritime Security and Law Enforcement Manual s.2011 Other related signal (a) K (Kilo) flag: ―I wish to communicate with you.‖
(b) K (Kilo) signal: { - · - } It is better to use the language of the suspected ship, if possible. Because of the difficulty in posting interpreters to each patrol vessels, Japan Coast Guard‘s patrol vessels are equipped with communications equipment with compact discs for 3 languages, i.e. Chinese, Korean and Russian. Depending on the circumstance, launching or throwing flare bombs, warning bombs or tear-gas grenades (these are not weapons) is an effective measure. During the chase, one has to watch for crew members of the suspect vessel who might be throwing stuffs to conceal evidences against them, for example, illegal items or important documents.
The running hijacked cargo vessel ―ALONDRA RAINBOW‖ was chased by the Indian Coast Guard patrol vessel. She was hijacked off the coast of Indonesia in the Malacca Straits on October 1999. In this incident, all crew were missing for about two weeks. The salient point of this incident was that it was well organized and committed by an international criminal syndicate involved in hijacking ships, selling aluminum ingots, repainting ship‘s hull and renaming ship‘s name with forged documentations under a new name.
Coast Guard Education and Training Command
Page 189
Maritime Security and Law Enforcement Manual s.2011
The ―ALONDRA RAINBOW‖ was repainted and renamed twice (to ―MEGA RAMA‖) by her hijackers
A North Korean spy vessel chased by a Japan Coast Guard patrol vessel
Captured still images from video recording of crew members on board the North Korean spy vessel throwing stuffs, alleged to be illegal items, during the chase.
Coast Guard Education and Training Command
Page 190
Maritime Security and Law Enforcement Manual s.2011 Position of a patrol vessel for pursuit See the Diagram A.1 (Position for Pursuit / Correct position), A.2 (Position for Pursuit / Incorrect Position) and A.3 (Position for observation)
Coast Guard Education and Training Command
Page 191
Maritime Security and Law Enforcement Manual s.2011
FORCING TO STOP BY USE OF FIREARMS 1) The use of firearms depends on the response of the target vessel. Shooting in self defense Aiming as warning Shooting in self defense Warning shots into the sea or air Shooting in self defense Warning shots to the suspect vessel (not to personnel) Shooting in self defense Disabling fire Shooting in self defense In every step, except in self-defense shooting, international laws require the patrol vessel to warn the suspect vessel in advance before firing.
Coast Guard Education and Training Command
Page 192
Maritime Security and Law Enforcement Manual s.2011 Warning of fire by International maritime signal flags (a)
SN (Sierra-November) flag: ―You should stop immediately. Do not scuttle. Do not lower boats. Do not use the wireless. If you disobey, I shall open fire on you.‖
(b)
SQ1 (Sierra-Quebec-One) flag: ―You should stop or heave to; otherwise I shall open fire on you.‖
Warning of fire by flashing light signals (a) (b)
SN (Sierra-November): { · · · - ·} SQ1 (Sierra-Quebec-One): { · · · - - · -
· - - - - }
2) Aiming firearms as warning To aim firearms at the suspected ship as threat or warning (also as preparation for shooting in self-defense) General rules for application of Police Force a) A Coast Guard personnel may only use minimum force necessary to compel compliance. b) Force may not be used where assigned duties can be carried out without it. c) Where force is necessary, its use must be limited to the minimum needed and must be designated to achieve the intended result with minimum injury to persons and properties. 3) Warning shots into the sea or air If the suspect vessel does not stop, the patrol vessel may fire warning shots into the sea or air or across the bow of the suspect vessel as threat. Tracer bullets are used for warning shots for high visibility. Warning shots are generally fired from the largest deck gun or mounted machine guns available on patrol vessels for accuracy and prevention of mistaken fire and high visibility.
Coast Guard Education and Training Command
Page 193
Maritime Security and Law Enforcement Manual s.2011 The distance between the patrol vessel and the suspect vessel depends on the performance of the weapons the suspect vessel has. If the suspect vessel‘s weapons are expected to be rifles only, the distance which the patrol vessel can approach is around 500 meters. 500 meters is within the range of 50 calibers, which patrol vessels generally have, and out of effective range of normal rifles, which the suspect vessel has. The patrol vessel must not get ahead of the suspect vessel. If the patrol vessel overtakes the suspect vessel, the former cannot fire and is in a position vulnerable to counterattack. Worse, it cannot follow the suspect vessel‘s movement. Before firing, the patrol vessel has to warn the suspect vessel of firing in advance as required by the international law. In some enforcement organizations, approval from higher authority is not required prior to using force. In others, this approval is required except for warning shots and the use of disabling fire to stop a vessel. General data of effective range of firearms Firearm
Effective range (meter)
M16 rifle cartridge 5.56mm
300 - 500
M14 rifle cartridge 7.62mm
400 – 1000
M2 Browning .50 Caliber Machine Gun 12.7mm
1000 – 2000
*Effective range or accuracy of fire varies depending on sea and weather conditions.
Coast Guard Education and Training Command
Page 194
Maritime Security and Law Enforcement Manual s.2011 4) Warning shots to the suspect vessel (not to personnel) In case the suspect vessel does not stop despite ―warning shots into the sea or air‖, the patrol vessel fires warning shots to the suspect vessel (not to personnel). This fire is used only against vessels. It is intended not to cause damage or injury to persons. It is therefore generally directed against the bow space, not against personnel or bridge or living spaces. Before firing, the patrol vessel has to warn the suspect vessel of firing in advance to give personnel aboard adequate time for escape from the position that will be fired on. 5) Disabling fire The meaning of ―disabling fire‖ is the firing of ordnance by authorized enforcement vessels at the steering or propulsion system of a vessel. It is intended to disable with minimum injury or damage to the vessel. In case the suspect vessel does not stop, the patrol vessel fires a disabling fire into the suspect vessel. A disabling fire is used only against vessels. It is intended to disable the vessel, not to cause unnecessary damage or injury to persons. It is therefore directed against the engines and steering equipment, not against personnel or bridge or living spaces.
Flow chart of use of arms ・ Poise ・ Poisearms arms Measure to stop by Measure to stop by aircraft aircraft ①flare, smoke bomb or ①flare, smoke bomb or light and sound bomb light and sound bomb ②dropping of rope ②dropping of rope ③campaign of ③campaign of intimidation intimidation Order to stop by Order to stop by aircraft aircraft ①flashing caution ①flashing caution signal signal ②radio ②radio transmission or transmission or telephone telephone
Refusing inspection
・ Fire aablank ・Fire blank ・ Warning shot ・Warning shot in into tosea sea
Warning Warningshot shot To Tobody bodyof of vessel vessel
Self Selfdefensive defensiveshot shot
Shot Shotto tostop stopvessel vessel Caution before Caution before shot shot ①siren, whistle or ①siren, whistle or “SN” caution “SN” caution signal by sound or signal by sound or flashing flashing ②display of ②display of international international signal flag ”SN” signal flag ”SN” or”SQ1” or”SQ1” ③caution of ③caution of language language
STOP！ SHOOT！
Disregard the warning shot into sea
Disregard the warning shot to body of the suspected vessel
Resist by firearms
STOP！ SHOOT！
Disregard the order to stop Order to stop by Order to stop by patrol vessel patrol vessel ①siren, whistle or ①siren, whistle or sound caution sound caution signal signal ②flashing caution ②flashing caution signal ”L” signal ”L” ③display of ③display of international international signal flag ”L” signal flag ”L” or”SQ3” or”SQ3” ④caution of ④caution of language language
Measure to stop by patrol vessel Measure to stop by patrol vessel ①flare, smoke bomb, light and ①flare, smoke bomb, light and sound bomb or rubber bullet sound bomb or rubber bullet ②obstruct the course of the ②obstruct the course of the suspected vessel suspected vessel ③surrounding the suspicious ship ③surrounding the suspicious ship by patrol vessel by patrol vessel
Coast Guard Education and Training Command
Page 195
Maritime Security and Law Enforcement Manual s.2011 e.
BOARDING the SUSPECT VESSEL 1) Steps of boarding the target vessel: The target vessel stopped. (If possible, make the target vessel stop) Preparation of boarding Announcement of boarding to the suspect vessel (secure the safety satiation)
Departure of boarding team Boarding the suspect vessel Rescue and securing the hostage (when there is a hostage) Controlling the suspect vessel and persons aboard Security search for neutralization of threat Initial inspection for judgment of the situation Turn over follow-on mission from the boarding team to the inspection team On a case-to-case basis, boarding team continues to conduct the follow-on missions. Inspection and search for prohibited goods, etc.
Investigation (in case of violation of law) If necessary, bring the suspect vessel to the appropriate port for investigation. 2) Degree of risk When one decides to conduct boarding operation, he should consider the degree of risk for safety. Some factors to be considered: a)
Number of persons on board the suspect vessel
b) c)
Any information on the persons on board the suspect vessel Configuration and capability of the suspect vessel
Coast Guard Education and Training Command
Page 196
Maritime Security and Law Enforcement Manual s.2011 d)
Weapons aboard the suspect vessel
e)
Local weather and sea condition
f) g)
Nature of boarding Vessel, boat and helicopter available for conducting boarding operation
3) Composition and function of teams Generally the following teams with their stated missions are deployed in boarding operation. a)
Boarding team (1)
Rescue and secure the hostages when there are hostages.
(2)
Control the suspect vessel
(3) (4)
Control crew (pirates or other persons) aboard the suspect vessel Neutralize the threat (persons or things which do harm; e.g. attacker, weapons, explosive, etc.) by including conducting security
(5)
search Initial inspection for judgment of the situation (to know what‘s going on, including the identification of the suspect vessel)
(6)
Communicate report to the on-scene commander (appropriate authority)
(7) (8)
Safeguard/secure the suspect vessel Turn over the situation (the controlled persons, suspect vessel, goods and collected initial information, etc.) to the inspection team
b)
Follow-on security team Reinforcement for the boarding team, when needed, i.e. the size of the suspect
c)
vessel or the number of persons is large.
Inspection team After neutralization of the threat, conduct the following missions: (1)
On a case-to-case basis, boarding team continues to conduct these missions.
(2)
Inspection
(3)
Search for prohibited goods, goods associated with the case, goods used or can be used in committing crimes, etc.
(4)
Investigation (in case of violation of law)
(5)
Arrest (in case of violation of law)
(6)
Bringing the suspect vessel to the appropriate port for investigation when needed.
d)
Medical team
Coast Guard Education and Training Command
Page 197
Maritime Security and Law Enforcement Manual s.2011 In a high-risk operation or hostage rescue operation, etc. conducts medical mission for injured persons. e)
EOD (explosive ordinance disposal) team Makes safe bombs, explosive device or booby traps, when found.
4) Some factors to decide the size of teams a)
The size of the suspect vessel
b)
The number of persons and their locations on board the suspect vessel
c) d)
Nature of boarding Safety of members and the effectiveness of the operation
e)
Local weather and sea condition
5) Overview of boarding operation See the Diagram B.1 to 4 (Boat Boarding) and C.1 to 5 (Combination of Helicopter and Boat Boarding).
Coast Guard Education and Training Command
Page 198
Maritime Security and Law Enforcement Manual s.2011
Coast Guard Education and Training Command
Page 199
Maritime Security and Law Enforcement Manual s.2011
Coast Guard Education and Training Command
Page 200
Maritime Security and Law Enforcement Manual s.2011
Coast Guard Education and Training Command
Page 201
Maritime Security and Law Enforcement Manual s.2011
Coast Guard Education and Training Command
Page 202
Maritime Security and Law Enforcement Manual s.2011
6) Preparation of boarding A boarding team should move into the position for boarding a boat, used for boarding operations, as soon as they are prepared to board. Make sure that the boarding team is prepared prior to moving close to the target vessel to ensure that the boarding will be made immediately after the announcement of the same. This is to prevent time for the target vessel to react to the situation and destroy evidence of an infraction. Communication language used in operations should be as simple as possible. Plain language is far simpler than trying to remember many words. Keep it simple. In high-risk operations or hostage rescue operations, lost communications plan and contingency signals are mandatory. Examples of a lost communication plan: a)
GREEN SMOKE – Bridge and all critical spaces secured, insert follow-on boarding team
Coast Guard Education and Training Command
Page 203
Maritime Security and Law Enforcement Manual s.2011 b)
RED SMOKE – Medical emergency, immediate extraction of injured persons
c)
YELLOW SMOKE – Man overboard
d)
ONE HAND BEING WAVED – Bridge and all critical spaces secured, insert follow-on boarding team
e)
TWO HANDS WAVED injured persons
- Medical emergency, immediate extraction of
7) Announcement of boarding to the suspect vessel The boarding procedure should include the following steps: a)
Call the target ship and notify her that you intend to board.
b)
Order the target shipmaster (or the pirate leader) to steer a course that provides a lee for boarding. Order the target shipmaster to gather the crew in a designated open space (e.g. the fore deck) without weapons before boarding.
c) d)
After all crews are outside, the patrol vessel sends boarding team by boats (or helicopter).
When a suspect vessel disobeyed the orders made by the patrol vessel, it is strongly expected that the suspect vessel will make resistance against the patrol vessel. In such a situation, it is highly possible that some of the crews would hide inside the vessel preparing to counterattack the boarding team. Thus, the boarding operation should be conducted under cover by the patrol vessel. Cover means security watch or the giving of information about movements of personnel aboard the suspect vessel (catwalks, towers, weather decks, etc.) and movements of the suspect vessel which may begin escape again. For efficient cover, the patrol vessel approaches until around 300 – 100 meters to the suspect vessel, if possible. The patrol vessel should take a position to observe and monitor the safety of the boarding teams. In case no crew goes outside and appears, tear gas bombs may be used in certain circumstances. However, sending tear gas bombs inside the constructions on the deck of the suspect vessel is very difficult when the construction of the suspect vessel is sturdy and the windows are hard.
Coast Guard Education and Training Command
Page 204
Maritime Security and Law Enforcement Manual s.2011 When no crew appears outside, the patrol vessel can spend considerable time to wait for reactions from crew members of the suspect vessels and the arrival of additional patrol vessels for reinforcement. Thereafter, the more highly trained team in PCG, the SOG (Special Operations Group) will be sent to respond to this situation supported by other PCG units. 8) Departure of boarding team Procedure: a)
Position the patrol vessel for launching the boarding craft.
b)
Launch the boarding craft and approach from the leeward side of the target vessel.
c)
For routine boarding, place the patrol vessel on the same side quarter of the target vessel from the boarding craft, after checking the opposite of the target vessel, to watch that side of the target vessel for any untoward activities, while preparing self-defensive shots.
d)
Place the boarding craft on the opposite quarter for security and to facilitate disembarkation.
e)
Placing and moving one craft as a decoy to get and hold the attention of the suspect vessel is an effective way, when using two or more crafts. It is important to secure the security watch craft continuously from opposite of the target vessel.
f)
The patrol vessel should maintain security watch and regularly check its communications with the boarding team.
9) Boarding the suspect vessel Means to board the suspect vessel. a)
Boarding directly from a boat
Coast Guard Education and Training Command
Page 205
Maritime Security and Law Enforcement Manual s.2011 b)
Accommodation ladder set by crew on aboard the suspect vessel
c)
Caving ladder set by crew aboard the suspect vessel
d)
Ladder or other objects installed on side shell of hull of the suspect vessel
e)
Caving ladder hooked by boarding team members aboard a boat
f)
Fast rope or rappelling from a helicopter
Coast Guard Education and Training Command
Page 206
Maritime Security and Law Enforcement Manual s.2011 g)
Boarding team members use fast rope or rappelling from a helicopter, then the boarding team members on the suspect vessel will set caving ladder for the follow-on boarding team members coming aboard a boat (boarding team members from a helicopter can carry a portable caving ladder.) *Means (2) and (3) are conducted by crew or other persons aboard the suspect vessel obeying orders from the patrol vessel. When boarding team members aboard a boat cannot hook a caving ladder from a boat because the height of the freeboard of the suspect vessel is too high, means (6) or (7) is used. One example of equipment of a caving ladder for hooking from a boat
f.
CONTROLLING the SUSPECT VESSEL and PERSONS ABOARD Actual sequence of events: At the boarding point: The first person of the boarding team to board the
suspect
vessel
must
make sure it is safe
for
the
other team members to board as a point man. Lead climbers on board the suspect vessel are responsible for security during follow-on climbers climb. Weapons and other equipment should be prepared and ready while lead climbers maintain security.
Coast Guard Education and Training Command
Page 207
Maritime Security and Law Enforcement Manual s.2011 As soon as all team members finished boarding, the rubber boat leaves the boarding point but keeps some distance from the suspect vessel in preparation for a possible rescue of an overboard member as well as for security check and provision of timely information during the operation. From the boarding point to the bridge (or the hostage site): While executing an approach to the bridge to take control of the suspect vessel (or the hostage site when there is a hostage.), assaulters should be prepared to conduct an immediate assault. In the event of compromise, assaulters engage the opposing force, neutralize it and proceed immediately to the hostage site. The primary objective on any ship boarding is the bridge. On most merchant vessels, control over the bridge is tantamount to control over the ship. Normally the ship‘s ―Master‖ is located in close proximity to the bridge, along with the ship‘s communications space. On most civilian ships, an ―emergency stop‖ is located in one of the control panels on the bridge. The bridge area should be secured by the boarding team in the least amount of time possible to cut down the ship‘s reaction time. At the bridge: Actual sequence of events once the bridge is secured: 1) Bridge secured clearance team.
by
the
room
2) Communications is established to the
on-scene
commander
or
appropriate authority.
Coast Guard Education and Training Command
Page 208
Maritime Security and Law Enforcement Manual s.2011 3) All detainees that are located on the bridge are secured. 4) The ship‘s Master is identified, he will be brought to the bridge and instructed to stop the vessel (when the vessel is moving.) and present a complete sailing list of the crew and all documentation of the vessel it is carrying. 5) If the ship‘s Master refuse to immediately stop the vessel, the boarding team will stop the vessel. 6) The boarding team starts body search of detainees and internal clearance in the bridge to neutralize threat (things or persons which do harm; e.g. weapons, explosives, attackers, etc.). 7) When body search and internal clearance in the bridge are completed, initial inspection for collecting information for judgment of the situation (to know what‘s going on, including the identification of the suspect vessel) commences. All gathered information will be communicated to the on-scene commander. 8) Thereafter, the search from the bridge to the bottom, both inside and outside, of the suspect vessel, to find all persons aboard and any imminent danger (fire/explosive/chemical hazards) that may hinder the safety recovery of the suspect vessel shall begin. If necessary, the opportune crew can be made to attend in the search with the boarding team. Security search after securing the bridge
At the hostage site (when there is a hostage):
Coast Guard Education and Training Command
Page 209
Maritime Security and Law Enforcement Manual s.2011 Hostages should be secured and consolidated in an area separate from neutralized pirates. The possibility of ―sleepers,‖ unaccounted pirates and fire/explosive/chemical hazards, should be considered and anticipated. Once the hostages are secured, unaccounted for or escaped pirates may continue to pose a significant threat to hostages and friendly forces. Wounded hostages and assaulted personnel receive priority over wounded pirates for medical assistance.
Prisoner Handling and Crowd Control Technique The suppression of crew (or pirates) and security of hostages is conducted by the following ―Prisoner Handling and Crowd Control Technique‘: 1) The number of crews aboard a ship depends on the size, type or other factors of the ship and situations. Normally, the crews aboard most merchant vessels consist of 8 or more personnel. Merchant crews for the most part are non-hostile. This requires the boarding team to be fully skilled in the tactics and procedures of prisoner handling and crowd control. 2) When handling prisoners, the amount of force used to subdue an individual is in direct relation to the amount of force the prisoner uses to resist. In other words, use only the amount of force that is necessary to secure the individual. 3) The six rules of prisoner handling are Speed, Secure, Search, Silence, Separate, Safeguard These are basic rules to live by when controlling suspects. The two men rule should always be utilized. One man handle the suspects while the other man is to set security . Explanations to better understand the six rules of prisoner handling as they apply to the boarding mission: a) SPEED The faster you handle a suspect the less time he has to react to the situation. b) SECURE
Coast Guard Education and Training Command
Page 210
Maritime Security and Law Enforcement Manual s.2011 i.
Securing of suspects during a boarding operation could be performed by any member of the boarding team. To fully secure more than one suspect, each member of the boarding team, prior to the mission, should have enough suspect-handling-gear (either handcuffs or ties) in his possession.
ii. During the initial assault, if a detainee is encountered while the assault force is moving to the bridge, the first two men in the train will move to the appropriate flank (to allow the third man in the train to pick up a point and avoid the need to stop the train) and secure the suspects, while the remainder of the train continues to the bridge. The two men who remained behind, should then secure and handcuff the suspects to a hard point in the ship‘s weather deck and as quickly as possible, fall back into the train. iii. The ―train‖ is a movement formation of team members to create a 360 degree security by ensuring the team‘s security to the front, flank, back and upside and to eliminate blind spots by teamwork during CQB (Close Quarters operation.
Battle)
iv. The same holds true if a detainee is encountered in a confined space during the initial assault and the first two men cannot step to the flank to secure the suspect. A pointman will knock the suspect to the ground and the train will go over him. The last two men in the train will then stop and secure the suspect, handcuff him to the ship, and quickly fall back into the train. v. If there are large numbers of suspects who can effectively hinder the assault force by leaving them shorthanded during the final assault onto the bridge, the train will blow pass them and continue towards their objective. vi. Once the bridge has been assaulted and prior to any movement or questioning of the suspects, all suspects in the bridge should be secured by handcuffs or ties. When the bridge has been secured, securing suspects to the ship‘s hard point is no longer required.
Coast Guard Education and Training Command
Page 211
Maritime Security and Law Enforcement Manual s.2011 vii. Always maintain bodily control when moving suspects.
viii. Normal handcuff behind the back
Practice of handcuffing a prisoner ix. If it can be avoided, do not place a blindfold on a suspect as it may impede his mobility and sometimes trigger loss of control which is not normal under the circumstances. x. Be aware of the deck of the ship. Its temperature can be so high that when a suspect‘s bare skin comes in contact with it, he might lose his control, which is not normal under the circumstances.
Coast Guard Education and Training Command
Page 212
Maritime Security and Law Enforcement Manual s.2011 c) SEARCH i.
Place the suspect on his stomach with his arms and legs spread. Always approach from the rear, placing your foot between his crotch. This will allow you to disable him with a kick on the groin, if he attempts to move. With your foot between his legs, kneel down, placing one of your knees on his upper back and forcing his head into the deck. With your free hand, start a detailed search of his body.
ii. When searching a suspect, search him completely, starting either from the head or the feet and working towards the opposite end of the body. After searching the first half of the suspect‘s body, search under him for any possible weapon which could be hidden under the suspect. When done, roll the suspect over. iii. Once the suspect is on his back, complete the detailed search, again starting from one end of the body to the other. The main rule is to have a logical order when searching a suspect to avoid overlooking a portion of the body being searched.
Practice of body search of a suspect
d) SILENCE Never allow suspects to talk, especially with each other. By allowing suspects to talk, they can become organized or comforted. You want the suspect to be off guard and disoriented as much as possible. e) SEPARATE Separation of suspects is hard to maintain during the boarding mission, since you are dealing with a large number of people with limited space.
Normally, detainees are
consolidated in one or more staging points.
Coast Guard Education and Training Command
Page 213
Maritime Security and Law Enforcement Manual s.2011 f) SAFEGUARD It is the assault force‘s responsibility to provide security to their prisoners. In case of a large vessel, security must be set along the route where the suspect is to be moved, prior to the suspect‘s movement. Standard Individual Equipment: Example
Protective helmet
Bulletproof vest (with enough buoyancy or floatation bladder, or with wearing lifejacket.)
Protective eyewear
Protective pads for elbows and knees
Primary weapon (Rifle, Short barreled rifle, Submachine gun, etc.)
Secondary weapon (Handgun)
Holster of handgun Magazines with magazine pouch of a primary weapon with sling
Magazines with magazine pouch of a secondary weapon
Flashlight and spare battery (or attached to a gun)
Handcuffs with pouch Ties (for prisoner handling) with a carabineer
Expendable baton
Glove Pair
Wireless radio Fastrope glove pair (when using fastrope)
Rappelling harness, a descender ring and carabineer (with snap link)
Knife (for cutting rappelling rope in emergency situations)
Canteen or other type of carrying drinking water
Coast Guard Education and Training Command
Page 214
Maritime Security and Law Enforcement Manual s.2011 Breaching Tools of a Breacher of Boarding Team The role of a ―Breacher‖ is to breach (break) a locked door or window for entry inside a vessel, rooms and other closed spaces. Three main ways of breaching are ―mechanical breaching‖, ―ballistic breaching‖ and ―explosive breaching‖. Except for the use of simple tools for ―mechanical breaching‖, breaching belongs to the special skills category. For Mechanical breaching
Prybar (crowbar), hooligan tool, hammer, fire ax, etc. to breach locked
doors or windows Cutting torch (special skills)
Hooligan tool
Cutting torch
For Ballistic breaching (shotgun) Breaching with Special Skills Category: Breaching configuration of shotgun and ammunition
Breaching shotgun For Explosive breaching (Special Skills Category) Equipments for explosive entry
Coast Guard Education and Training Command
Page 215
Maritime Security and Law Enforcement Manual s.2011 g.
NEUTRALIZING the THREAT of the SUSPECT VESSEL The boarding team conducts security search (clearance) inside and outside and from the bridge to the bottom of the suspect vessel, to find all persons aboard and any imminent danger (fire/explosive/chemical hazards) that may deter the safety recovery of the suspect vessel. Searching and suppressing of crew (or pirates), locating and securing hostages are done as described in ―Prisoner Handling and Crowd Control Technique‖ while the ―Clearance of Internal and External Spaces of Ship Technique‖ will be described hereafter. Before any mission, it is necessary to conduct initial inspection and report the collected information to the on-scene commander (or appropriate authority). Medical assistance is top priority.
h.
INITIAL INSPECTION for JUDGMENT of the SITUATION Upon safety recovery of the suspect vessel, the boarding team conducts initial inspection for judgment of the situation (i.e. to know what‘s going on, including the identification of the suspect vessel). Verify the information at site with the collected information which the on-scene commander has before boarding the vessel. Basic information for identification and assessment of the situation for the followon thorough inspection, search and investigation: 1)
Vessel name
2)
Vessel type
3)
Nationality of vessel (flag state)
4)
Suspected activity
5) 6)
Number and the kind of persons on board Nationality of persons on board
7)
Type of illicit items articles /quantity (known or suspected)
8) 9)
Weapons Casualty
Communicate the collected information to the on-scene commander (appropriate authority).
Coast Guard Education and Training Command
Page 216
Maritime Security and Law Enforcement Manual s.2011 After the mission, turn over the situation (the controlled persons, suspect vessel, goods and collected initial information, etc.) to the inspection team. Clearance of Internal and External Spaces of Ship Technique Practice of clearance of internal spaces of a ship: 1)
TWO MEN ROOM CLEARANCE a) Normally on most ships or maritime construction (i.e. maritime oil platforms) the basic two men clearance is the most widely used room clearance procedure. This is due to the limited size of most compartments and the spaces found on most ships and oil platforms. Obviously there are exceptions to every rule (i.e. bridge, mess decks, engineering, crew‘s lounge). b) The standard operating procedure for conducting the basic two men room clearance is as follows: i.
Boarding team (commonly referred to as the ―Train‖) stacks outside the entrance of the room that is to be cleared. Security is maintained to the rear by the last man in the stack. Front security is maintained by the pointman (the number 1 man), door security (opening the door) is the number 2 man‘s job and he is called the doorman. While breaching of the door, when necessary, responsibility. (See: Diagram M.1- M.3)
is
the
breacher‘s
ii. Each member in the stack quickly prepares themselves prior to entering the room. iii. Once each member of the room clearance team is ready (starting from the rear of the Train), the last man gives a ―Squeeze Signal‖ firmly to the man in front of him. This signal means that he is fully prep and ready to conduct the room clearance. This ―Squeeze Signal‖ is passed on in sequence to the until it reaches the number 3 man. The ―Squeeze Signal‖ should not be passed unless that particular man is fully ready. iv. Once the ―Squeeze Signal‖ reaches the number 3 man, he knows every one behind him is fully ready and on standby to enter the room. The number 3 man makes eye contact with the doorman and nods his
Coast Guard Education and Training Command
Page 217
Maritime Security and Law Enforcement Manual s.2011 head tree times which signals the doorman to open the door. Thereafter, the two men team enters the room and conducts clearance. (See: Diagram M.4) v. Standard operating procedure for any room clearance: (1) The first man always enters the room directly in the direction of the open door to neutralize the immediate threat. He then moves staying between 12-18 inches off the wall and penetrating ¾ of the way down the wall. (2) The second man always enters the room and moves in the opposite direction to neutralize the other threat the first man cannot face, staying 12-18 inches off the wall penetrating ¾ of the way down the wall. (See: Diagram M.5 – M. 6) (3) The ―Fields of Fire‖ for the first two men who enter a room will never change, no matter how many men are conducting a room clearance. The first man‘s initial field of fire will always be straight down the wall once cleared. He will then sweep right across the room all the way over to the other side of the room just short of his partner. The exact opposite procedure for the second man will be employed. (4) Thereafter, all men inside the room steps forward simultaneously to neutralize all threat in the room. (5) As soon as each man‘s field of fire is cleared, each man will respond with a verbal signal of ―Clear‖. (6) As soon as the room is cleared, the pointman (the number 1 man) and the doorman (the number 2 man) will move down the hall to the next closest room. The pointman will maintain security and the doorman will stand just to the left or right depending on the door and wait until the train catches up. The number 5 and 6 man will assume the number 3 and 4 man responsibility in the next room. After the first room is cleared the number 3 and 4 man will fall into the rear of the train and assume the number 5 and 6 man‘s responsibilities. (See: Diagram M.8) (7) When the team is made up of 4 members only, the number 1 man becomes the pointman and the number 2 man will be the
Coast Guard Education and Training Command
Page 218
Maritime Security and Law Enforcement Manual s.2011 doorman. After both men entered the room, the number 3 man becomes the pointman. (See: Diagram M.11) (8) The number 2 and 3 man can also enter the room. (See: Diagram M.12) (9) The team should act flexibly in CQB. Diagram M.1 ―TWO MEN ROOM CLEARANCE‖
Diagram M.2 ―TWO MEN ROOM CLEARANCE‖
Diagram M.3
Coast Guard Education and Training Command
Page 219
Maritime Security and Law Enforcement Manual s.2011 ―TWO MEN ROOM CLEARANCE‖
Diagram M.4 ―TWO MEN ROOM CLEARANCE‖
Diagram M.5 ―TWO MEN ROOM CLEARANCE‖
Diagram M.6
Coast Guard Education and Training Command
Page 220
Maritime Security and Law Enforcement Manual s.2011 ―TWO MEN ROOM CLEARANCE‖
Diagram M.7 ―TWO MEN ROOM CLEARANCE‖
Diagram M.8 ―TWO MEN ROOM CLEARANCE‖
Diagram M.9
Coast Guard Education and Training Command
Page 221
Maritime Security and Law Enforcement Manual s.2011 ―TWO MEN ROOM CLEARANCE‖
Diagram M.10 ―TWO MEN ROOM CLEARANCE‖
Diagram M.11 ―TWO MEN ROOM CLEARANCE‖
Diagram M.12
Coast Guard Education and Training Command
Page 222
Maritime Security and Law Enforcement Manual s.2011 ―TWO MEN ROOM CLEARANCE‖
2)
FOUR MEN ROOM CLEARANCE a) The four man room clearance is conducted in the same manner except for the addition of 2 men. A four man room clearance is the standard operating procedure employed for larger compartments (i.e. bridge, engineering, mess decks). b) The procedure for conducting a four man room clearance is as follows: i.
Stack the train. (See: Diagram N.1, N3)
ii. The stack will then prepare as described for a two man room clearance. iii. Squeeze signal is only passed when ready which signals the doorman to open the door. The pointman and doorman then move to the next door. iv. The four men team enters the room and conducts clearance. (See: Diagram N.2, N.4) v. After the room is cleared, the room clearance team withdraws from the room. The 4 men room clearance team should thereafter fall back into the stack.
Coast Guard Education and Training Command
Page 223
Maritime Security and Law Enforcement Manual s.2011 Diagram N.1 ―FOUR MEN ROOM CLEARANCE‖
Diagram N.2 ―FOUR MEN ROOM CLEARANCE‖
Diagram N.3 ―FOUR MEN ROOM CLEARANCE‖
Coast Guard Education and Training Command
Page 224
Maritime Security and Law Enforcement Manual s.2011 Diagram N.4 ―FOUR MEN ROOM CLEARANCE‖
3)
THE TRAIN a) The
―Train‖
will
continue
this
procedure
until
all
spaces
and
compartments are cleared. b) During the initial internal room clearance, the first room or passageway on each level will be designated as the ―Detainee Staging Area.‖. This area will be used as a consolidation point for any detainee encountered during the level by level, room to room clearance. Two men will then be designated as security for the ―Detainee Staging Area‖. Normally, these are the first two men who initially cleared the compartment. c) If during a room clearance, a detainee is encountered and he does not present a threat, he is secured and searched in the compartment where he was found. The train will continue to clear all spaces, moving passed the room where the detainee was encountered. d) If it is a four men room clearance, the last two men who entered the compartment will be responsible for securing the prisoner and the latter‘s movement to the detainee staging area. The last man to initially enter the compartment during the clearance will be responsible for the movement of the detainees on the staging area. If the room no longer poses a threat, the remainder of the clearance team will leave the room and fall back into the rear of the train. The same rule shall applies on a two men room clearance, hence, the second man assumes the responsibilities of prisoner handling, the first man maintains room security while the last man will move the detainee.
Coast Guard Education and Training Command
Page 225
Maritime Security and Law Enforcement Manual s.2011 4)
PASSAGEWAY CLEARANCE a) “L” SHAPED The ―L‖ shaped passageway should be cleared by conducting a one man clearance. Rear security is always the last man in the train responsibility. (See: Diagram O.1-4) Diagram O.1 ―L-SHAPED PASSAGEWAY CLEARANCE‖
Diagram O.2 ―L-SHAPED PASSAGEWAY CLEARANCE‖
Diagram O.3 ―L-SHAPED PASSAGEWAY CLEARANCE‖
Coast Guard Education and Training Command
Page 226
Maritime Security and Law Enforcement Manual s.2011 Diagram O.4 ―L-SHAPED PASSAGEWAY CLEARANCE‖
b) “T” SHAPED The ―T‖ shaped passageway should be cleared by conducting two men clearance. (See: Diagram P.1-4)
Practice of ―T-SHAPED PASSAGEWAY CLEARANCE‖ Diagram P.1 ―T-SHAPED PASSAGEWAY CLEARANCE‖
Coast Guard Education and Training Command
Page 227
Maritime Security and Law Enforcement Manual s.2011 Diagram P.2 ―T SHAPED PASSAGEWAY CLEARANCE‖
Diagram P.3 ―T-SHAPED PASSAGEWAY CLEARANCE‖
Diagram P.4 ―T-SHAPED PASSAGEWAY CLEARANCE‖
Coast Guard Education and Training Command
Page 228
Maritime Security and Law Enforcement Manual s.2011 c) FOUR DIRECTIONAL (MULTIPLE DIRECTIONAL) This passageway should be cleared by conducting a three men clearance. (See: Diagram Q.1-5)
Diagram Q.1 ―MULTIPLE DIRECTIONAL PASSAGEWAY CLEARANCE‖
Diagram Q.2 ―MULTIPLE DIRECTIONAL PASSAGEWAY CLEARANCE‖
Coast Guard Education and Training Command
Page 229
Maritime Security and Law Enforcement Manual s.2011 Diagram Q.3 ―MULTIPLE DIRECTIONAL PASSAGEWAY CLEARANCE‖
Diagram Q.4 ―MULTIPLE DIRECTIONAL PASSAGEWAY CLEARANCE‖
Diagram Q.5 ―MULTIPLE DIRECTIONAL PASSAGEWAY CLEARANCE‖
Coast Guard Education and Training Command
Page 230
Maritime Security and Law Enforcement Manual s.2011 5)
INTERNAL STAIRS Stairs are normally cleared using a one man clearance. The pointman will conduct clearance ahead of the train. If the train is to enter through the door onto a particular level of an objective room utilizing the stairs, two men clearance will be conducted. Initially, the train will stop, prepare for clearance and
pass
squeeze
signals.
Once
ready,
the
pointman and the doorman shall conduct the clearance. The pointman then moves past the door, taking a position so he can cover the remainder of the stairs below him. The doorman then moves forward where he can cover the door and the clearance team goes through the door to clear the passageway of that level. 6)
EXTERNAL STAIRS External stairs primarily are located on the main superstructure. Each member of the team takes partial charge in the 360 degrees security. Thereafter, each member clears forward, left, right, back and upper. This way 360 degrees of security is maintained.
7)
WEATHER DECK a) In moving from the boarding point to the bridge, it is normal to utilize the shortest and most direct route on the weather deck because the team can move therein more speedily than inside the vessel. This will help them get support from the outside (e.g. patrol vessel, boat or helicopter maintaining security watch and monitoring the movement of the team). b) The clearance of the weather deck as the boarding team makes its way to the bridge should be viewed as a multiple room clearance. That is, all dead spaces and structure encountered along the route should be cleared utilizing basic CQB skills.
Coast Guard Education and Training Command
Page 231
Maritime Security and Law Enforcement Manual s.2011 8)
BRIDGE a) The primary objective of any ship boarding is the Bridge. For most merchant Vessels, control
over
the
bridge control
means over the
ship. Normally the ship‘s ―Master‖ is located proximity
in
close to
the
bridge, along with the ship‘s communications space. On most civilian ships an ―Emergency Stop‖ is located in one of the control panels on the bridge. The bridge area should be secured by the boarding team in the least amount of time possible to cut down the ship‘s reaction time. b) The bridge is normally a four men room clearance. c) Once the bridge is secured the following sequence of events take place: i.
Bridge secured by the room clearance team.
ii. Communications is established to the on-scene commander or appropriate authority. iii. All detainees that are located on the bridge are secured. iv. The ship‘s Master is identified, he will be brought to the bridge and instructed to stop the vessel (when the vessel is moving.) and present a complete sailing list of the crew and all documentation of the vessel it is carrying. v. If the ship‘s Master refuse to immediately stop the vessel, the boarding team will stop the vessel. vi. The boarding team starts body search of detainees and internal clearance in the bridge to neutralize threat (things or persons which do harm; e.g. weapons, explosives, attackers, etc.).
Coast Guard Education and Training Command
Page 232
Maritime Security and Law Enforcement Manual s.2011 vii. When body search and internal clearance in the bridge are completed, initial inspection for collecting information for judgment of the situation (to know what‘s going on, including the identification of the suspect vessel) commences. All gathered information will be communicated to the on-scene commander. viii. Thereafter, the search from the bridge to the bottom, both inside and outside, of the suspect vessel, to find all persons aboard and any imminent danger (fire/explosive/chemical hazards) that may hinder the safety recovery of the suspect vessel shall begin. See and check in the attached reference in detail: ― Search and Suppression Management ‖ --Photos: Training of CQB
Practice of Gun Handling
Practice of CQB Movement including Gun Handling
Practice of CQB Movement including Gun Handling See and check in the attached reference book in detail: ― Search and Suppression Management ‖ ----------------- P 89 ― Taking off Suspect's Armament and Suppression‖----- P107
Coast Guard Education and Training Command
Page 233
Maritime Security and Law Enforcement Manual s.2011 i.
INSPECTION and SEARCH for PROHIBITED GOODS, etc. Search for prohibited goods, goods associated with the case and goods used for crimes, etc. are generally conducted by the inspection team after neutralizing the threat, recovering safety of the suspect vessel and upon conducting initial inspection for judgment of the situation and thorough inspection.
j.
INVESTIGATION In case of violation of law, investigation is conducted by the inspection team only after neutralization of the threat, safety recovery of the suspect vessel and initial inspection for judgment of the situation. Whenever necessary, the suspect vessel is brought to the appropriate port for investigation. Structure and Personnel distribution of Patrol Vessels for Pursuit and Capture of the Suspect Vessel The diagram below is an example of structure and personnel distribution of patrol vessel for pursuit and capture of the suspect vessel:
Coast Guard Education and Training Command
Page 234
Maritime Security and Law Enforcement Manual s.2011
Structure of ( 1st Stage) ~ To stop Suspect Vessel~ 1 Officer
Navigation Section (7 personnel) Engineering Section
(4 personnel) 3 personnel
Mess and Supply Section
1 Officer Commanding Officer
Gunnery Section 3 personnel
1 Officer 4 personnel Operations Section 1 Officer Executive Officer
Cal 50 Machine Gun Forward (Gun 5) 3 personnel (1 Officer)
Cal 50 Machine Gun Portside (Gun 52) 3 personnel (1 Officer)
Cal 50 Machine Gun Satrboardside (Gun 53) 2 personnel
Cal 30 Machine Gun Aft 5 personnel
Rifle Group 13 personnel
Boarding Team (SOG/Investigation Team) 4 personnel
Aviation Group
Where a Particular Group has no duty (for example 50 Machine Gun Group), the Group assist other group.
Coast Guard Education and Training Command
Page 235
Maritime Security and Law Enforcement Manual s.2011
Duties of Each Group
Warning of Fire
L
Control, Visual watch, Radar watch etc.
Navigation Section/ Engineering Section
SN
Warning for forcing to stop (flash light signals, Whistle (siren), Search light, Signal flags) Informing commanding Div.
¬
¬
¬
Rifle Group
Order to Stop
Aiming Fire blanks Warning Shots (fire of threat) Harmful Shots (fire of harm) (IF not stop Or Justifiable (Self-defense) ¬
Gunnery Group 50 Cal Machine Gun
Prepare the basic provisions for the ship personnel Provide medical assistance as necessary ¬¬
Mess and Supply Section
Aiming (threat), Fire of Justification (Self) – defense, etc.
Boarding Team
Record, Photograph, Record on film Inform Commanding Officer
Aviation Group
Search, Detect and Investigate (Observe), Inform our vessel by helicopter/ In charge of helicopter’s taking off and landing
Coast Guard Education and Training Command
Page 236
Maritime Security and Law Enforcement Manual s.2011
Structure of ( 2nd Stage) ~ After Stop, Boarding~ Navigation Section Engineering Section
Headquarters Report
Mess and Supply Section Order
Gunnery Section Commanding Officer
Aviation Group Operation Section
Executive Officer
Boarding Team
Special Operation Group (Suppression, Arrest)
Investigation Group Inspection and Initial Investigation (Collecting Evidence)
D. RULES OF ENGAGEMENT In case of unavoidable situations where armed confrontation occurs between PCG units and personnel and criminal offenders, use of force is authorized in said situations. Hence all PCG personnel shall be guided by the following procedures in the use of force. As a policy, PCG Personnel are enjoined to use only such force as is reasonably necessary under the circumstances, such as:
Self-defense, including defense of others Prevention of domestic or foreign crimes To effect a lawful arrest
To protect properties that PCG personnel have the authority to protect
Compel compliance with an order the PCG has authority to issue.
Coast Guard Education and Training Command
Page 237
Maritime Security and Law Enforcement Manual s.2011 1.
Issuance of Warning Any PCG officer or enlisted personnel must first issue a warning before he could use force against an offender. The warning is issued for such PCG officer or enlisted personnel to identify himself and to give opportunity to the offender to surrender. The duty to issue a warning is however not absolute. The directive to issue a warning is necessary only in situations where several options are still available to said officer but in cases where the threat to the life of a PCG officer or enlisted personnel is already imminent, and there is no other option but to use force to subdue the offender, the law enforcer‘s failure to issue a warning is excusable.
2.
Warning Shot If it can be avoided, as much as possible, PCG uniformed personnel shall not use warning shots during maritime law enforcement and security interventions. In case of pursuit of evading vessels, any Coast Guard vessel conducting the pursuit may, in order to stop the vessel, fire warning shots across the bow of the vessel, in case other modes of signaling such as visual and audio signals have failed to stop the vessel.
3.
Reasonable Force During an armed confrontation, only such necessary and reasonable force should be applied as would be sufficient to overcome resistance put up by the offender; subdue the clear and imminent danger posed by him; or to justify the force/act under the principles of self defense, defense of relative, or defense of stranger. The Officer-in-Charge of the operation shall, at all times, exercise control over his men in the area, and shall exhaust all possible means so that no innocent civilian is caught in the crossfire. The reasonableness of the force employed will depend upon the number of aggressors, nature and characteristic of the weapon used, physical condition, size and other circumstances to include the place and occasion of the assault. A PCG officer, however, is not required to afford a person attacking him the opportunity for a fair or equal struggle. His duty requires him to overcome his opponent. In the lawful performance of his duty, the police officer must stand his ground to accomplish his mandated task of enforcing the law.
Coast Guard Education and Training Command
Page 238
Maritime Security and Law Enforcement Manual s.2011 4.
Use of Weapon The excessive use of force is prohibited. The use of weapon is justified if the suspect poses imminent danger of causing death or injury to the PCG officer or other persons. The use of weapon is also justified under the Doctrines of Self-Defense, Defense of Relative, and Defense of Stranger. However, one who resorts to self-defense must face a real threat on his life, and the peril sought to be avoided must be actual, imminent and real. Moreover, unlawful aggression should be present for self-defense to be considered as justifying circumstance. Fleeing suspects should be pursued and apprehended using the minimum force necessary. The use of firearms should be restricted unless the fleeing person is armed and presenting a current danger to others. Warning shots should be strictly prohibited. Firing from, or at a moving vehicle or vessel should be strictly prohibited except in extreme circumstances. Officers should be required to assure that they have a clear field of fire before discharging a weapon.
5.
Reportorial Requirements Any PCG officer or enlisted personnel who used his firearm against a suspect must submit an after-encounter report outlining the circumstances necessitating the use of weapon against the suspect.
6.
MOVING VEHICLES/VESSELS A moving vehicle or vessel shall not be fired upon except when its occupants pose imminent danger of causing death or injury to the PCG officer or any other person, and that the use of firearm does not create a danger to the public and outweighs the likely benefits of its non-use. In firing upon a moving vehicle or vessel, the following parameters should be considered: a. the intent of the fleeing suspect/s to harm the PCG officer or other persons; b. the capability of the fleeing suspect/s to harm in certainty the PCG officer or other persons; and
Coast Guard Education and Training Command
Page 239
Maritime Security and Law Enforcement Manual s.2011 c. accessibility or the proximity of the fleeing suspect/s with the PCG officer and other persons.
E. THINGS TO BE DONE AFTER AN ARMED CONFRONTATION Upon exposing the crew and passengers of the suspect vessel in open deck, and after hostile forces, if present, are already subdued, other members of the team should make sure that no other persons, whether hostile or innocent, are still inside the vessel, while other team members guard the deck. Immediately after an armed confrontation, the Officer-in-Charge shall: a.
Secure the site of confrontation;
b.
Take photographs;
c.
Check whether the situation still poses imminent danger;
d.
Evacuate the wounded to the nearest hospital;
e.
Ensure that all persons who died on the spot are not moved from their original position. Arrested suspects, on the other hand, should be kept in isolation;
f.
Conduct debriefing on all involved PNP operatives; and
g.
Submit After-Operations Report.
DEMOLITION ORDERS, INJUNCTION AND OTHER ORDERS Rule 3 of the Implementing Rules and Regulations (IRR) of RA 9993 states that; Powers and Functions: The PCG shall have the following powers and functions: Rule 3 (f) :
To coordinate, develop, establish, maintain and operate aids to navigation, vessel traffic system, maritime communications and search and rescue facilities within the maritime jurisdiction of the Philippines.
If in case there are structures and floating hazards that impede safe navigation, vessel traffic, maritime communications and search and rescue facilities, the PCG is authorized to:
Coast Guard Education and Training Command
Page 240
Maritime Security and Law Enforcement Manual s.2011 Rule 3 (g):
To remove, destroy or tow to port, sunken or floating hazards to navigation, including illegal fish traps and vessels, at or close to sea lanes which may cause hazard to the marine environment.
Rule 3 (g) 2: With
respect
to
properties
deemed
hazardous
to
safe
navigation, the PCG shall require immediate removal thereof by its owner. The owner shall shoulder the cost of removing such hazard. If the owner refuses to remove his property , the PCG is authorized to remove or destroy such without any court order. However, permanent structures along the shore can only be demolished after the issuance of an order from the court after complying with the requirements. Role of the PCG in the Enforcement of a Demolition Order a.
b.
PCG personnel tasked to enforce a demolition order shall be in proper uniform and will be led by an officer. They shall refrain from the use of unnecessary and unreasonable force. Deployment of tear gas and water cannon shall be applied only as a last resort, when all other peaceful and non-violent means have been exhausted, and shall be made under proper advice and command of a responsible or superior police
c.
officer. All arrests made during the operation shall be investigated by the station which has jurisdiction over the area.
d.
The Units or Station concerned shall render situation reports every two (2) hours during the demolition operation followed by a written report demolition activity, for reference of higher HQs.
Coast Guard Education and Training Command
and after a
Page 241
Maritime Security and Law Enforcement Manual s.2011 F. HOSTAGE SITUATION THE THREAT A hostage situation can take place anytime, anyplace, without warning. A port facility or a passenger ship offers many opportunities to a would-be hostage taker. It is generally recognized that hostage takers can be categorized by why they take hostages. There are three basic types and each type presents a different set of planning decisions to law enforcers. The criminal hostage taker is the type most commonly encountered by law enforcement agencies. Trapped inside an establishment they intend to rob, the criminals are forced to take hostages. The plight of the trapped armed robber is perhaps initially the most volatile to both hostage and officer. Until the situation is stabilized and contained and both sides settle down to a pattern of negotiation, the possibility of injury or death is very real. The terrorist hostage taker has different goals and motivations. He takes hostages as a confrontive tactic to further the goals of his organization by using hostages to gain demands and publicity. Mentally deranged hostage takers, to some degree, set the rules for the handling of the incident. Their behavior can be volatile and unpredictable, their demands may be irrational. They can‘t be appealed to on a rational basis because they don‘t view the world in a rational way. Procedure to be followed in negotiations – The following shall be undertaken in the conduct of negotiations 1.
Over-all Situation: a. b. c.
A Crisis Management Task Group shall be activated immediately. Incident scene shall be secured and isolated. Unauthorized persons shall not be allowed entry and exit to the incident
d.
scene. Law enforcement officers without proper training shall not be allowed to participate in hostage negotiations.
e.
Select the right time to make contact with the hostage taker/s.
f.
Take time when negotiating.
g.
Allow hostage-taker/s to speak.
Coast Guard Education and Training Command
Page 242
Maritime Security and Law Enforcement Manual s.2011 h.
Don‘t offer the hostage-taker/s anything. What he will ask for will be part of the negotiation.
i.
Avoid directing frequent attention to the victim/s when talking to the hostage-taker/s.
j.
Do not call them hostage. Be as honest as possible; avoid tricks; be sincere.
k.
Never dismiss any request from the hostage-taker/s as trivial or unimportant.
l. m.
Never say no. Soften the demand.
n.
Never set a deadline; try not to accept a deadline.
o.
Do not make alternate suggestions not agreed upon in the negotiation.
p.
Do not introduce outsider/s (non-law enforcement officer) into the negotiation process, unless their presence is extremely necessary in the solution of the crisis; provided they shall be properly advised on the dos and don‘ts of a hostage situation.
q. r.
Do not allow any exchange of hostage/s, unless extremely necessary; in particular, do not exchange a negotiator for a hostage. Don‘t negotiate face-to-face.
s.
There shall be a medical team with emergency transportation, prescription and medical support
on standby
to treat the injured in case the
negotiation fails and an assault is the final option. 2.
Ground Commander: There shall be only one Ground Commander in the area. Until such time that he officially designates a spokesperson, he may issue appropriate press statements and continue to perform the role of the spokesperson.
3.
Negotiators: Negotiators shall be designated by the Ground Commander. No one shall be allowed to talk to the hostage-taker/s without clearance from the negotiator or Ground Commander.
4.
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
5.
uniform during the conduct of the operation. Assault Plan: The assault shall be planned and rehearsed to ensure minimal threat to life for all parties.
Coast Guard Education and Training Command
Page 243
Maritime Security and Law Enforcement Manual s.2011 6.
Support Personnel: An ambulance with medical crew and a fireboat shall be detailed at the incident area.
7.
Coordination: Proper coordination with all participating elements shall be done to consolidate efforts in solving the crisis.
8.
Safety of Hostage/s: In negotiating for the release of a hostage, the safety of the hostage shall always be paramount.
TACTICAL PLANNING CHECKLIST In order for the Incident Commander to analyze the situation and assess the seriousness of the threat, he must establish a foundation upon which strategy and tactics can be based. In assessing threats, the Commander will seek the answers to many variables. Among them, the following are of interest to the reaction/assault team: 1. 2. 3.
Who are the hostage takers? How many are there? What are their nationalities, races, ages, clothing descriptions, physical condition, language, accents, language speaking abilities, mental states, are they using alcohol or drugs?
4.
If they are terrorists, what is their affiliation?
5.
Are they a well-organized, proficient, known group?
6. 7. 8.
What type of weapons do they have? Do they have explosives? What type and how will they detonate? What communication support is available to them?
9.
Have they threatened to use nuclear devices, poisonous gases, other chemical agents, bacteriological agents, incendiary devices, or prepositioned explosives, possible involving other targets?
10.
Are hostages blindfolded or hooded?
11. 12.
Is there any indication of Stockholm Syndrome? Have certain hostages been separated? By what classification?
13. 14.
Have some hostages been released? Escaped? How were hostages seized? Do they have value to the terrorists?
Coast Guard Education and Training Command
Page 244
Maritime Security and Law Enforcement Manual s.2011 15.
Have hostages been used as negotiators or shields?
16.
Have any hostages been seriously mistreated or killed?
17. 18.
Have there been threats against the hostages‘ lives? Are the demands realistic?
19.
Was the hostage situation the purpose of the incident, or did it arise from other
20.
action? Is there any reason to suspect the presence of other terrorist groups in the area to conduct a break-out operation, or diversionary attack?
G. BOMB THREAT AND BOMB INCIDENT EMERGENCY RESPONSE Purpose - The purpose of this rule is to establish the duties and investigative responsibilities of mobile units responding to bomb threats, and other suspended explosive device and to provide guidelines for FR‘s (First Responders) during cases of actual bomb explosions. Bomb A bomb can appear obvious or concealed and can vary in size, shape or sophistication and may not necessarily explode as in the case of incendiary and/or dirty bombs. A bomb is more accurately called an Improvised Explosive Device (IED) or ordnance. Bomb Threat Bomb threat is either a written or verbal threat communicated through electronic means, oral or other means that threatens to place or uses an IED at a certain time, date or place against any specific person or place. The FR, bomb technician and investigator or detective must remember the following basic facts on bomb threats: a. b.
A threat is considered only a threat until something visible is found; Determined bombers do not frequently give warnings of
c.
explosion/incendiary attack; Threats are an excellent way to disrupt productivity without actually risking life,
d.
limb and/or property; and The consequences of conviction for ―threatening‖ are not necessarily as serious
a
possible
as those that could result from actual placement/initiation of a bomb.
Coast Guard Education and Training Command
Page 245
Maritime Security and Law Enforcement Manual s.2011
Security Measures by PCG elements
First responder’s (FR) Procedure on Bomb threat – 1.
Upon receipt of information: a. b. c.
Treat all threats as serious until proven otherwise; Determine the exact location of the establishment or vessel under threat; Instruct the security officer of the establishment or vessel to conduct a
d. e.
bomb search while proceeding to the area; Proceed immediately to the scene; Alert Explosive Ordinance Demolition Team (EODT) for bomb search mission and emergency readiness before repartee;
f. g.
2.
Notify higher Headquarters of development; Informant should be instructed not to touch anything and stay away from the object or location subject of bomb threat.
Upon arrival at the scene: a.
Confirm the reported bomb threat and notify EODT for the conduct of a bomb sweep;
b.
Conduct or cause a search for suspicious/suspected device together with persons familiar with the location; and
c.
Unless a device 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.
Coast Guard Education and Training Command
Page 246
Maritime Security and Law Enforcement Manual s.2011 3.
Evacuation procedures: a. b.
Evacuation and assembly point routes must be searched to ensure that personnel are not unnecessarily exposed to danger during the evacuation; Ready for standby rubber boats or liferafts to transfer crews and passengers from the threatened vessel to the rescue vessel;
c.
Designate a rescue vessel, well away from the threatened structure or vessel, out of line-of-sight of the building and well clear of windows. A minimum distance of 150 meters/ ____ nautical miles is recommended;
d. e.
Never assemble personnel in front of or directly below glassed areas; Advise crews and passengers to take their personal belongings to eliminate superfluous ―suspicious objects‖ and to reduce the number of items to be
f. g. h.
―checked out‖; Select safe and climatically acceptable assembly areas where evacuees may wait for a considerable period; Install procedures to ensure that escape routes are clear. Evacuation routes and assembly areas must be searched before evacuation; Install procedures to ensure windows and doors are left open and lights left on;
i.
Include a procedure for machinery shut-down of the vessel; and
j.
If a suspected device is located/found cause the evacuation of people in the affected area to a distance of at least 300 meters away/___nautical miles, and maintain security for the protection of life and property. i. ii.
Isolate the suspected device; Do not touch, tamper with or disarm any suspected device, explosive
iii. iv.
or ordinance; Report discovery of suspected device; Do not permit radio transmission within the area;
v. vi.
Turn off all electricity and gas units within the premises/vessel; Secure the area and prevent people from approaching;
vii. Establish traffic control; viii. Summon standby rubber boats/ release life rafts to transfer ix.
k.
passengers and crew to the rescue vessel; and Await the arrival of the bomb disposal team (EODT).
Conduct immediate investigation if the threat /crisis is over and determine the following: i.
Name the person who received the call, date and time the threat was made.
ii.
What were the exact words of person making the threats.
iii.
Reason for the threat
Coast Guard Education and Training Command
Page 247
Maritime Security and Law Enforcement Manual s.2011
l.
iv.
Time and duration of call
v.
Voice characteristic of the caller: male or female, young .middle-aged,
vi.
or old, tone; accent, etc. Identity of the suspect; if known
Assist in the conduct of investigation by responding units when requested to do so.
m.
Report incident to higher Headquarters.
PCG Rubber Boat conducting Boarding Exercise
First Responder’s Procedure in Case of Actual Bomb Explosion 1.
2.
Upon receipt of the report: a.
Identify exact location of the incident;
b.
Alert EOD teams and direct them to proceed to the area;
c.
Notify Higher Headquarters of the situation;
d. e.
Request assistance of medical personnel; and Proceed to the scene immediately.
Upon arrival at the scene: a.
Cause immediate evacuation of the injured; (refer to evacuation procedures)
b. c.
Direct occupants of the establishment to evacuate; Maintain order and control crowd;
d. e.
Notify Higher Headquarters of the situation; Seal off location until EOD Team determines if a secondary device exists;
Coast Guard Education and Training Command
Page 248
Maritime Security and Law Enforcement Manual s.2011 f.
Conduct rescue operations at the scene when necessary;
g.
Initiate immediate investigation if investigators have not yet arrived and determine the following : i. Time of detonation/explosion; ii.
h. i.
Time when the call for bomb threat was received; and
iii. Type of device. Submit incident report immediately; and Avoid issuing ―speculative‖ press releases or statements.
Coast Guard Education and Training Command
Page 249
Maritime Security and Law Enforcement Manual s.2011 PART
VI
R
APPLICABLE LAWS
epublic Act No. 9993 otherwise known as the Philippine Coast Guard Law of 2009, provides for the powers and functions of the PCG, as a law enforcement agency, to
wit: Sec. 3. Powers and Functions. - The PCG shall have the following powers and functions: (a)
To enforce regulations in accordance with all relevant maritime international conventions, treaties or instruments and national laws for the promotion of safety of life property at sea within the maritime jurisdiction of the Philippines and conduct port state control implementation; xxx
(e)
Subject to the approval of the Secretary of the DOTC, to issue and enforce rules and regulation for the promotion of safety and life and property at sea on all maritime-related activities; xxx
(h)
To issue permits for the salvage of vessels and to supervise all marine salvage operations, as well as prescribe and enforce rules and regulations governing the same; xxx
(l)
To assist in the enforcement of laws on fisheries, immigration, tariff and customs, forestry, firearms and explosives, human trafficking, dangerous drugs and controlled chemicals, transnational crimes and other applicable laws within the maritime jurisdiction of the Philippines; xxx
(n)
To enforce laws and promulgated and administer rules and regulations for the protection of marine environment and resources from offshore sources or pollution within the maritime jurisdiction of the Philippines;
T
o further emphasize its law enforcement powers and functions, the Implementing Rules and Regulations of RA 9993 provides: Rule 3 (a) To enforce regulations in accordance with all relevant maritime international conventions, treaties or instruments and national laws for the promotion of safety of life and property at sea within the maritime jurisdiction of the Philippines and conduct port state control implementation. Rule 3 (k) To assist in the enforcement and maintenance of maritime security, prevention or suppression of terrorism at sea, and performance of law enforcement functions in accordance with pertinent laws, rules and regulations.
Coast Guard Education and Training Command
Page 250
Maritime Security and Law Enforcement Manual s.2011 Rule 3 (l) To assist in the enforcement of laws on fisheries, immigration, tariff and customs,
forestry,
firearms
and
explosives,
human
trafficking, dangerous drugs and controlled chemicals, transnational crimes and other applicable laws within the maritime jurisdiction of the Philippines. Rule 3 (n) To enforce laws and promulgate and administer rules and regulations for the protection of marine environment and resources from offshore sources of pollution within the maritime jurisdiction of the Philippines.
A. ENVIRONMENTAL LAWS The Philippines has immeasurable natural wealth, one that is more than sufficient to boost and sustain the country to gear towards certain national independence, sovereignty, self-sufficiency and progress far from starvation and poverty. However, the use, abuse and misuse of its natural resources by some unscrupulous individuals and entities have been uninterrupted for decades already, leaving the Filipino people with polluted air and contaminated water supply, lesser land to cultivate and fewer natural resources to rely on for sustenance and growth. This environmental degradation has severely contributed to the greenhouse effect bringing about adverse climate change that has critically and undesirably affected the quality of life of Filipinos. Ergo, the issue of, protecting, maintaining and improving the quality of the environment, as well as upholding its ecological integrity and biodiversity is the responsibility of every Filipino, most especially, the Philippine Coast Guard. To emphasize the importance of these Environmental laws, the Supreme Court is hereby quoted in its decision in re: the case of Oposa vs. Factoran (G.R. No. 101083 July 30, 1993) to wit;
―While the right to a balanced and healthful ecology is to be found under the Declaration of Principles and State Policies and not under the Bill of Rights, it does not follow that it is less important than any of the civil and political rights enumerated in the latter. Such a right belongs to a different category of rights altogether for it concerns nothing less than self-preservation and self-perpetuation — aptly and fittingly stressed by the petitioners — the advancement of which may even be said to predate all governments and constitutions. As a matter of fact, these basic rights need not even be written in the Constitution for they are assumed to exist from the inception of humankind. If they are now explicitly mentioned in the fundamental charter, it is because of the well-founded fear of its framers that unless the rights to a balanced and healthful ecology and to health are mandated as state policies by the Constitution itself, thereby highlighting their continuing importance and imposing upon the state a solemn obligation to preserve the first and protect and advance the second, the day would not be too far when all else would be lost
Coast Guard Education and Training Command
Page 251
Maritime Security and Law Enforcement Manual s.2011 not only for the present generation, but also for those to come — generations which stand to inherit nothing but parched earth incapable of sustaining life. Indeed, as the ponente has indicated in the afore-stated case, the right to a
balanced and healthful ecology carries with it the correlative duty to refrain from impairing the environment.‖ Consistent with this principle, the Implementing Rules and Regulations of RA 9993 emphasized the duties and functions of the PCG as enforcers of environmental laws, thus: “Rule 3. Powers and Functions. The PCG shall have the following powers and functions: xxx
xxx
xxx
Rule 3 (n). To enforce laws and promulgate and administer rules and regulations for the protection of marine environment and resources from offshore sources of pollution within the maritime jurisdiction of the Philippines. Rule 3 (n) 1. The PCG shall enforce applicable international and national marine environmental laws including PCG-promulgated rules and regulations pertaining to marine pollution. The PCG shall organize, train, equip and maintain
adequate
personnel
to
effectively
discharge
this
function.
Rule 3 (n) 2. The PCG shall prepare, formulate and promulgate rules and regulations in the prevention, abatement, control and mitigation of pollution within the maritime jurisdiction of the Philippines from offshore sources including, but not limited to, vessels, hydrofoil boats, air-cushion vehicles, submersibles, floating craft, fixed or floating platforms, or oil rigs. Rule 3 (n) 3. The PCG shall issue Marine Environmental Protection (MEP)related certification and documentation for vessels including, but not limited to, Oil Pollution Prevention Certificate, Sewage Pollution Prevention Certificates, Certificate of Compliance for Oily Waste Separator and Oily Waste Collector, Shipboard Oil Prevention Emergency Plan, Garbage Management Plan and Record Book, Oil Record Books and others that may be later required by relevant international conventions and national laws. Provided, that certificates or documents issued by classification societies which are recognized by the Philippine Government, through the PCG or other government agencies mandated by law, shall be deemed to have complied with this Section. The PCG shall likewise conduct type-approval of MARPOL prevention equipment and accreditation of companies engaged in MEP-related activities including but not limited to manufacturer or distributor
Coast Guard Education and Training Command
Page 252
Maritime Security and Law Enforcement Manual s.2011 of chemicals, oil waste collectors, oil tank cleaning contractors, MARPOL surveyors and Oil Spill Response Organizations. Rule 3 (n) 4. The PCG may board and inspect vessels of any type whatsoever operating in the marine environment such as but not limited to hydrofoil boats, air-cushion vehicles, submersibles, floating craft, fixed or floating platforms or oil rigs to ensure compliance with applicable international and national marine environment laws. Rule 3 (n) 5. The PCG shall investigate all oil and other hazardous noxious substances spill incidents and submit recommendations to the DOTC Secretary. Rule 3 (n) 6. The PCG shall prescribe procedures for the proper disposal/dumping of wastes and other substances into the waters subject to the jurisdiction of the Philippines in accordance with relevant international conventions, treaties and national laws. The PCG shall by no means allow the dumping at sea of contaminated wastes and substances as defined in existing national laws.‖ Moreover, Rule 3 (l) of the same IRR provides that the PCG shall have the powers and functions ―to assist in the enforcement of laws on fisheries, immigration, tariff and customs, forestry, firearms and explosives, human trafficking, dangerous drugs and controlled chemicals, transnational crimes and other applicable laws within the maritime jurisdiction of the Philippines.‖ Clearly, the knowledge of the different environmental laws provided herein is a must for all PCG personnel.
RULES OF PROCEDURE FOR ENVIRONMENTAL CASES (A.M. No. 09-6-8-SC) SCOPE: The RULES OF PROCEDURE FOR ENVIRONMENTAL CASES govern the procedure in civil, criminal and special civil actions before the Regional Trial Courts, Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts and Municipal Circuit Trial Courts involving enforcement or violations of environmental and other related laws, rules and regulations such as but not limited to the following: a)
Act No. 3572, Prohibition Against Cutting of Tindalo, Akli, and Molave Trees;
b)
P.D. No. 705, Revised Forestry Code;
c)
P.D. No. 856, Sanitation Code;
Coast Guard Education and Training Command
Page 253
Maritime Security and Law Enforcement Manual s.2011 d)
P.D. No. 979, Marine Pollution Decree;
e)
P.D. No. 1067, Water Code;
f) g)
P.D. No. 1151, Philippine Environmental Policy of 1977; P.D. No. 1433, Plant Quarantine Law of 1978;
h)
P.D. No. 1586, Establishing an Environmental Impact Statement System Including Other Environmental Management Related Measures and for Other Purposes;
i)
R.A. No. 3571, Prohibition Against the Cutting, Destroying or Injuring of Planted or Growing Trees, Flowering Plants and Shrubs or Plants of Scenic Value along Public Roads, in Plazas, Parks, School Premises or in any Other Public Ground;
j)
R.A. No. 4850, Laguna Lake Development Authority Act;
k)
R.A. No. 6969, Toxic Substances and Hazardous Waste Act;
l) m)
R.A. No. 7076, People‘s Small-Scale Mining Act; R.A. No. 7586, National Integrated Protected Areas System Act including all laws, decrees, orders, proclamations and issuances establishing protected areas;
n) o) p)
R.A. No. 7611, Strategic Environmental Plan for Palawan Act; R.A. No. 7942, Philippine Mining Act; R.A. No. 8371, Indigenous Peoples Rights Act;
q)
R.A. No. 8550, Philippine Fisheries Code;
r)
R.A. No. 8749, Clean Air Act;
s) t)
R.A. No. 9003, Ecological Solid Waste Management Act; R.A. No. 9072, National Caves and Cave Resource Management Act;
u) v) w)
R.A. No. 9147, Wildlife Conservation and Protection Act; R.A. No. 9175, Chainsaw Act; R.A. No. 9275, Clean Water Act;
x) y)
R.A. No. 9483, Oil Spill Compensation Act of 2007; and Provisions in C.A. No. 141, The Public Land Act; R.A. No. 6657, Comprehensive Agrarian Reform Law of 1988; R.A. No. 7160, Local Government Code of 1991; R.A. No. 7161, Tax Laws Incorporated in the Revised Forestry Code and Other Environmental Laws (Amending the NIRC); R.A. No. 7308, Seed Industry Development Act of 1992; R.A. No. 7900, High-Value Crops Development
Rules of Procedure for Environmental Cases Act; R.A. No. 8048, Coconut Preservation Act; R.A. No. 8435, Agriculture and Fisheries Modernization Act of 1997; R.A. No. 9522, The Philippine Archipelagic Baselines Law; R.A. No. 9593, Renewable Energy Act of 2008; R.A. No. 9637, Philippine Biofuels Act; and other existing laws that relate to the conservation, development, preservation, protection and utilization of the environment and natural resources.
Coast Guard Education and Training Command
Page 254
Maritime Security and Law Enforcement Manual s.2011 Pertinent Matters under the Rules: STRATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION (SLAPP). - A legal action filed to harass, vex, exert undue pressure or stifle any legal recourse that any person, institution or the government has taken or may take in the enforcement of environmental laws, protection of the environment or assertion of environmental rights shall be treated as a SLAPP and shall be governed by these Rules. WRIT OF KALIKASAN –is a remedy available to a natural or juridical person, entity authorized by law, people‘s organization, non-governmental organization, or any public interest group accredited by or registered with any government agency, on behalf of persons whose constitutional right to a balanced and healthful ecology is violated, or threatened with violation by an unlawful act or omission of a public official or employee, or private individual or entity, involving environmental damage of such magnitude as to prejudice the life, health or property of inhabitants in two or more cities or provinces. (filed with the Supreme Court or with any of the stations of the Court of Appeals)
Coast Guard Education and Training Command
Page 255
Maritime Security and Law Enforcement Manual s.2011 1.
Marine Pollution Enforcement MARITIME POLLUTION DECREE (PD 979)
Punishable Act/s / Prohibitions
Procedure
Reglementary Period
a. discharge, dump, or suffer, permit 1. Commission of a Persons the discharge of oil, noxious crime/offense i.e. unlawful lawfully gaseous and liquid substances and dumping, discharge of arrested other harmful substances from or waste, oil spill without a out of any ship, vessel, barge, or warrant of any other floating craft, or other *All person who come across arrest and man-made structures at sea, by any pollution incidents either detained for method, means or manner, into or from coastal-based or water- committing upon the territorial and inland borne sources shall any of the navigable waters of the Philippines; immediately inform the PCG prohibited or other concerned agencies acts stated b. throw, discharge or deposit, dump, for appropriate action herein must or cause, suffer or procure to be be delivered thrown, discharged, or deposited 2. The first response Team to to the proper either from or out of any ship, arrive shall use other control judicial barge, or other floating craft or method to contain the oil authority vessel of any kind, or from the spill within the shore, wharf, manufacturing reglementary establishment, or mill of any kind, * The spiller shall have period of any refuse matter of any kind or primary responsibility of eighteen description whatever other than that conducting clean-up (18) hours flowing from streets and sewers and operations. The PCG shall, upon passing therefrom in a liquid state however, be responsible for detention to into tributary of any navigable water supervising the clean-up avoid from which the same shall float or operations and rendering prosecution be washed into such navigable assistance as necessary. for violation water; and The On-Scene Commander of Article 125 designated by the of the c. deposit or cause, suffer or procure Commander, Marine Revised to be deposited material of any kind Environmental Protection Penal Code in any place on the bank of any Command/District (Delay in the navigable water, or on the bank of Commanders, shall do Delivery of any tributary of any navigable supervision. Detained water, where the same shall be Persons to liable to be washed into such 3. If other control method is the Proper navigable water, either by ordinary inadequate or not feasible, Judicial or high tides, or by storms or floods, apply chemical dispersant in Authorities) or otherwise, whereby navigation accordance with existing PCG shall or may be impeded or Oil Pollution Control obstructed or increase the level of Contingency Plan procedures pollution of such water. 4. Conduct Ocular Inspection Exceptions: (MC 03-2006) 1. In cases of emergency imperiling life or property, or unavoidable 5. Require ship captain to do
Coast Guard Education and Training Command
Page 256
Maritime Security and Law Enforcement Manual s.2011 accident, collision, or stranding or in any cases which constitute danger to human life or property or a real threat to vessels, aircraft, platforms, or other man-made structure,
the following: 
File/ submit marine protest and other necessary documents apply for salvage permit
 2. or if dumping appears to be the only way of averting the threat and if 6. Issue Inspection there is probability that the damage Apprehension Report (IAR) consequent upon such dumping will in accordance with MC 02be less than would otherwise occur, 2006 3. permitted by regulations prescribed 7. Investigation and by the National Pollution Control Adjudication Procedure in Commission or the Philippine Coast accordance with MC 01Guard 2005; MC 01-2006
PCG BRP EDSA II conducting patrol ; Top view Guimaras Oil Spill; Locals conducting Clean-up Operations along the shores of Guimaras Island
Related Law 2.
Pollution Control Law POLLUTION CONTROL LAW (PD 984) Punishable Act/s / Prohibitions
Penalty / Reglementary Period
* penalty is a fine not Any person found violating or failing to comply with any exceeding five thousand order, decision or regulation of the Commission for the pesos per day for every day control or abatement of pollution during which such violation or default continues
Coast Guard Education and Training Command
Page 257
Maritime Security and Law Enforcement Manual s.2011 No person shall throw, run, drain, or otherwise dispose into any of the water, air and/or land resources of the Philippines, or cause, permit, suffer to be thrown, run, drain, allow to seep or otherwise thereto any organic or inorganic matter or any substance in gaseous or liquid form that shall cause pollution thereof. No person shall perform any of the following activities without first securing a permit from the Commission for the discharge of all industrial wastes and other wastes which could cause pollution: 1. the construction, installation, modification or operation of any sewage works or any extension or addition thereto; 2. the increase in volume or strength of any waste in excess of the permissive discharge specified under any existing permit;
Persons lawfully arrested without a warrant of arrest and detained for committing any of the prohibited acts stated herein must be delivered to the proper judicial authority within the reglementary period of eighteen (18) hours upon detention to avoid prosecution for violation of Article 125 of the Revised Penal Code (Delay in the Delivery of Detained Persons to the Proper Judicial Authorities)
3. the construction, installation or operation of any industrial or commercial establishments or any extension or modification thereof or addition thereto, the operation of which would cause an increase in the discharge of waste directly into the water, air and/ or land resources of the Philippines or would otherwise alter their physical, chemical or biological properties in any manner not already lawfully authorized. Any person who shall refuse, obstruct, or hamper the entry of the duly authorized representatives of the Commission into any property of the public domain or private property *twelve (12) hours upon devoted to industrial manufacturing, processing or detention commercial use during reasonable hours for the purpose of inspecting or investigating the conditions therein relating to pollution or possible or imminent pollution.
MEP operation
Coast Guard Education and Training Command
Page 258
Maritime Security and Law Enforcement Manual s.2011 ILLUSTRATIVE CASE MMDA, et al. vs. CONCERNED RESIDENTS OF MANILA BAY, et al G.R. Nos. 171947-48
December 18, 2008
Facts: Respondents Concerned Residents of Manila Bay filed a complaint before the Regional Trial Court (RTC) in Imus, Cavite against several government agencies, for the cleanup, rehabilitation, and protection of the Manila Bay. The complaint alleged that the water quality of the Manila Bay had fallen way below the allowable standards set by law, specifically Presidential Decree No. (PD) 1152 or the Philippine Environment Code. This environmental aberration, the complaint stated, stemmed from: x x x [The] reckless, wholesale, accumulated and ongoing acts of omission or commission [of the defendants] resulting in the clear and present danger to public health and in the depletion and contamination of the marine life of Manila Bay, [for which reason] ALL defendants must be held jointly and/or solidarily liable and be collectively ordered to clean up Manila Bay and to restore its water quality to class B waters fit for swimming, skin-diving, and other forms of contact recreation. In their individual causes of action, respondents alleged that the continued neglect of petitioners in abating the pollution of the Manila Bay constitutes a violation of, among others: 1.
Respondents‘ constitutional right to life, health, and a balanced ecology;
2. 3.
The Environment Code (PD 1152); The Pollution Control Law (PD 984);
4.
The Water Code (PD 1067);
5.
The Sanitation Code (PD 856);
6.
The Illegal Disposal of Wastes Decree (PD 825);
7. 8. 9.
The Marine Pollution Law (PD 979); Executive Order No. 192; The Toxic and Hazardous Wastes Law (Republic Act No. 6969);
10.
Civil Code provisions on nuisance and human relations;
11.
The Trust Doctrine and the Principle of Guardianship; and
12.
International Law
Inter alia, respondents, as plaintiffs a quo, prayed that petitioners be ordered to clean the Manila Bay and submit to the RTC a concerted concrete plan of action for the purpose.
Coast Guard Education and Training Command
Page 259
Maritime Security and Law Enforcement Manual s.2011 ISSUE: Whether or not the RTC can compel the petitioners, particularly the PCG, to clean up and rehabilitate Manila Bay. HELD: Yes. The PCG, in accordance with Sec. 5(p) of PD 601, or the Revised Coast Guard Law of 1974, and Sec. 6 of PD 979, or the Marine Pollution Decree of 1976, shall have the primary responsibility of enforcing laws, rules, and regulations governing marine pollution within the territorial waters of the Philippines. It shall promulgate its own rules and regulations in accordance with the national rules and policies set by the National Pollution Control Commission upon consultation with the latter for the effective implementation and enforcement of PD 979. When RA 6975 or the Department of the Interior and Local Government (DILG) Act of 1990 was signed into law on December 13, 1990, the PNP Maritime Group was tasked to "perform all police functions over the Philippine territorial waters and rivers." Under Sec. 86, RA 6975, the police functions of the PCG shall be taken over by the PNP when the latter acquires the capability to perform such functions. Since the PNP Maritime Group has not yet attained the capability to assume and perform the police functions of PCG over marine pollution, the PCG and PNP Maritime Group shall coordinate with regard to the enforcement of laws, rules, and regulations governing marine pollution within the territorial waters of the Philippines. This was made clear in Sec. 124, RA 8550 or the Philippine Fisheries Code of 1998, in which both the PCG and PNP Maritime Group were authorized to enforce said law and other fishery laws, rules, and regulations. The PCG, pursuant to Secs. 4 and 6 of PD 979, and the PNP Maritime Group, in accordance with Sec. 124 of RA 8550, in coordination with each other, shall apprehend violators of PD 979, RA 8550, and other existing laws and regulations designed to prevent marine pollution in the Manila Bay.
GUIMARAS OIL SPILL MT SOLAR I was chartered by Petron Oil Company to transport 13,000 barrels (approx. 2.1 million liters) of industrial fuel oil (IFO) or bunker oil from Lamao, Bataan to Zamboanga City. On 11 August 2006, MT Solar I sunk 16 nautical miles southwest off Guimaras Island or Latitude 10 degrees 14.5 minutes North Longitudes 122 degrees 16 minutes East.
Coast Guard Education and Training Command
Page 260
Maritime Security and Law Enforcement Manual s.2011 Consequently, undetermined large quantity of oil slick was positively spotted along the southern
and
eastern shoreline part of Guimaras Island, which was believed to emanate from the sunken vessel. On the same date, aerial
surveys
in
the area of oil slick were conducted by the Air Force Chopper and by the PCG Islander Plane. HELD: The Board (Special Board of Marine Inquiry) also finds that MT Solar I was overloaded when she embarked on her last voyage. The vessel is overloaded prior to departure by about 150 tons. The Board find the master liable of lacking the adequate training for oil tankers in violation of MARINA and PRC regulations, of exhibiting a disabling error of judgment at Limay, Bataan, Dumali Point and at Guimaras anchorage and of failure to exercise due diligence in making the vessel seaworthy by exhibiting a disabling lack of knowledge on ship safety procedures. MT Solar I sank due to a combination of several factors as follows: 1.
Loss of reserved buoyancy
2. 3.
Loss of residual stability Master‘s incompetence
COAL SPILL TB Trans Power 207 which was towing Barge
Gold
Trans
306
was
carrying
8,102.552 metric tons of Indonesian Steam Coal cargo consigned to Republic Cement Corporation when it left Banjarmasin, Indonesia for Manila, Philippines on 30 June 2010.
Coast Guard Education and Training Command
Page 261
Maritime Security and Law Enforcement Manual s.2011 The barge left Berjamin, Indonesia to sail towards Manila in good weather condition. The Ship Captain was able to monitor the movement of the typhoon and shifted course passing Fortune Island. They encountered huge waves estimated 4 to 8 meters in height and continuous rain. The towing rope was broken and they tried to recover the barge but was unable to do so due to huge waves and strong winds prevailing thus, they decided to head to Manila in order to save the tug boat and
its
They
crew. arrived
port of Manila and boarded
was by
members of the CIQ inspection team. After the inspection, they headed back to Fortune Island to look for the barge. They located the barge 500 meters away from Kuala Beach Resort in Sitio Ibayao, Nasugbu, Batangas. They inspected the barge and found out that the barge was aground and tilted 30 degrees to portside. Anchor house was broken. Right wall which was believed to be its freeboard was broken with 7.5 sqm area affected. Tank number 2 had a leak and water entered inside the compartment. Towing rope was missing and was believed to be taken by local fishermen. Forty (40) percent of the coal cargo was lost during voyage. The skipper further tried to pull out the barge but was unable to do so. The team concentrated on the barge compartments to check whether she is carrying POL products and found that no POL products are on cargo. However, they were alarmed to discover that there was a crack incurred in her hull as evidenced by the presence of water inside the compartment. HELD: The Board (Investigation and Adjudication Board) finds that the Captain and the crew are liable for the coal spillage. They did not exercise the due diligence required of them in this specific case. Lack of Voyage Plan from Banjarmasin, Indonesia to Manila, Philippines, is negligence on the part of the ship master. The Board also found violation of PCG Memorandum Circular 01-2006 dated 16 June 2006 and Sections 102 and 124 of Republic Act 8550 (The Philippine Fisheries Code of 1998).
Coast Guard Education and Training Command
Page 262
Maritime Security and Law Enforcement Manual s.2011 SULFURIC ACID SPILL
M/T BILLY STAR, a tanker owned by Grand Asian Shipping Lines has dry-docked in Keppel Yard Batangas after being salvaged from a grounding incident. The representative of Grand Asian Shipping Lines did not disclose that the aforementioned tanker is loaded with sulfuric acid. Adjacent to M/T BILLY STAR is BRP ―ANG PANGULO‖. After a few hours, the crew of BRP ―ANG PANGULO‖ started complaining of toxic emissions coming from M/T BILLY STAR. The operations manager of Keppel Yard Batangas transferred BRP ―ANG PANGULO‖ to other yard due to the toxic emissions and he called the attention of the representative of Grand Asian. The latter promised that they will remove the sulfuric acid by transferring to another barge. M/T BILLY STAR sunk within the vicinity of the Keppel Yard together with the sulfuric acid. Grand Asian failed to transfer the sulfuric acid. HELD: Violation of the following laws: Section 4, PD 979, PCG Memorandum Circular 01-2006 dated 16 June 2006, Sections 102 and 124 of Republic Act 8550 (The Philippine Fisheries Code of 1998) and Section 13 (d) of RA 6969. Grand Asian should be held liable.
3.
OIL POLLUTION COMPENSATION ACT OF 2007 (RA 9483)
Coast Guard Education and Training Command
Page 263
Maritime Security and Law Enforcement Manual s.2011 OIL POLLUTION COMPENSATION ACT OF 2007(RA 9483) Punishable Act/s / Prohibitions Procedure 1. Any person who fails to institute or 1. During oil spill incidents, the PCG shall maintain insurance or other financial conduct initial clean-up operations at security required under Section 12 of this sea or on shore Act; 2. Administer preventive measures to 2. The Owner and the master of a Ship who avoid or minimize further loss or operate a Ship without maintaining on damage board a certificate of insurance required under Section 13 of this Act: 3. Conduct inspections of the Certificates of Insurance or Financial Security 3. Any person required under Section 15 of this Act to contribute to the IOPC Fund 4. In the absence of certificates of but nevertheless fails to comply therewith insurance or financial security, detain after due notice by the MARINA the ship until full payment of the appropriate fines with the MARINA 4. Failure to Submit Report of Contributing Oil. – Any person required under Section 5. Gather prima facie evidence such as oil 16 of this Act to submit report of samples from ships within the affected contributing Oil and notwithstanding area to determine spiller l0.day notice thereto, fails to comply therewith: 6. Prepare report or analysis on the cause of pollution and the spiller (MEPCOM) 5. Any person who shall refuse, obstruct, or hamper the entry of the duly authorized 7. Prepare complaint affidavit (ANNEX) representatives of the Department or any based on the MEPCOM report. person authorized under this Act aboard any Ship or establishment pursuant to 8. File the complaint affidavit before the Office this Act shall be liable to pay a fine not of the Prosecutor attaching pertinent exceeding One hundred thousand pesos documentary and object evidence. (P100,000.00);
Elements of RA 9483 a. The ship must be carrying oil (contributing oil whether crude or fuel oil) in bulk as cargo or in bunkers; b. The ship causes pollution damage by contamination resulting from the escape or discharge of oil from the ship; c. The escape or discharge of oil by the ship contaminates Philippine waters, its archipelagic waters, territorial sea and exclusive economic zone.
Coast Guard Education and Training Command
Page 264
Maritime Security and Law Enforcement Manual s.2011 4.
PHILIPPINE CLEAN WATER ACT OF 2004 (RA 9275) PHILIPPINE CLEAN WATER ACT OF 2004 (RA 9275) Punishable Act/s / Prohibitions
Procedure
Reglementar y Period
The following acts are prohibited under the Philippine Clean Water Act of 2004: a) Discharging, depositing or causing to be deposited material of any kind directly or indirectly into the water bodies or along the margins of any surface water, where, the same shall be liable to be washed into such surface water, either by tide action or by storm, floods or otherwise, which could cause water pollution or impede natural flow in the water body; b) Discharging, injecting or allowing to seep into the soil or sub-soil any substance in any form that would pollute groundwater. In the case of geothermal projects, and subject to the approval of the Department, regulated discharge for short- term activities (e.g. well testing, flushing, commissioning, venting) and deep re-injection of geothermal liquids may be allowed: Provided, That safety measures are adopted to prevent the contamination of the groundwater; c) Operating facilities that discharge regulated water pollutants without the valid required permits or after the permit was revoked for any violation of any condition therein; d) Disposal of potentially infectious medical waste into sea water by vessels unless the health or safety of individuals on board the vessel is threatened by a great and imminent peril; e) Unauthorized transport or dumping into sea waters of sewage sludge or solid waste as defined under Republic Act No.9003; f) Transport, dumping or discharge of prohibited chemicals, substances or pollutants listed under Republic Act No.6969; g) Operate facilities that discharge or allow to seep, willfully or through gross negligence, prohibited chemicals, substances or pollutants listed under R. A. No. 6969 into water bodies or wherein the same shall be liable to be washed into such surface, ground, coastal, and marine water; h) Undertaking activities or development and expansion of projects, or operating wastewater/sewerage facilities in violation of Presidential Decree. No.1586 and its implementing rules, and regulations; i) Discharging regulated water pollutants without the
a) Require presentation of necessary permits from the DENR b) Inform the DENR of any violation c) Service of Inspection/ Apprehension Report d) Submission of Complaint/Aff idavit and other pertinent documents to the DENR e) Coordinate with DENR for the institution of appropriate legal proceeding pursuant to Section 19 of RA 9275 f) File the Complaint/ affidavit before the Office of the Prosecutor attaching pertinent documentary and object
Persons lawfully arrested without a warrant of arrest and detained for committing any of the prohibited acts stated herein must be delivered to the proper judicial authority within the reglementar y period of eighteen (18) hours upon detention to avoid prosecution for violation of Article 125 of the Revised Penal Code (Delay in the Delivery of Detained Persons to the Proper Judicial Authorities)
Coast Guard Education and Training Command
Page 265
Maritime Security and Law Enforcement Manual s.2011 valid required discharge permit pursuant to this Act or after the permit was revoked for any violation of condition therein; j) Non-compliance of the LGU with the Water Quality Framework and Management Area Action Plan. In such a case, sanctions shall be imposed on the local government officials concerned; k) Refusal to allow entry, inspection and monitoring by the Department in accordance with this Act; l) Refusal to allow access by the DENR to relevant reports and records in accordance with this Act; m) Refusal or failure to submit reports whenever required by the Department in accordance with this Act; n) Refusal or failure to designate pollution control officers whenever required by, the Department in accordance with this Act; and o) Directly using booster pumps in the distribution system or tampering with the water supply in such a way as to alter or impair the water quality. Failure to undertake clean-up operations, willfully, or through gross negligence. Deliberate discharge of toxic pollutants identified pursuant to Republic Act No.6969 in toxic amounts; Five (5) or more violations of this Act within a period of two (2) years; Blatant disregard of the orders of the PAB, such as the non-payment of fines, breaking of seals or operating despite the existence of an order for closure, discontinuance or cessation of operation. ILLUSTRATIVE CASE MV Santino was found anchored in the middle of the Honda Bay and Snake Island in Palawan. Another vessel (MV Alexa) saw the said anchored vessel and assumed it was under distress. MV Alexa sent a distress call to the Philippine Coast Guard for a possible Search and Rescue mission. Upon arrival, the PCG discovered that MV Santino was not in distress, instead, it was disposing potentially infectious medical waste into the sea water. CGD Palawan personnel immediately informed the DENR of this violation of para (d), Sec. 27 of R.A. 9275.
Coast Guard Education and Training Command
Page 266
Maritime Security and Law Enforcement Manual s.2011
5.
WILDLIFE RESOURCES CONSERVATION AND PROTECTION ACT (RA 9157)
WILDLIFE RESOURCES CONSERVATION AND PROTECTION ACT (RA 9157) Punishable Act/s / Prohibitions
Procedure 1.
Request presentation of necessary permits from the person caught in possession of wildlife.
(iii) when it is deemed necessary to put an 2. end to the misery suffered by the wildlife;
If the person failed to present necessary documents, immediately coordinate with DENR, detain offender.
(a) killing and destroying wildlife species, except in the following instances; (i)
when it is done as part of the religious rituals of established tribal groups or indigenous cultural communities;
(ii)
when the wildlife is afflicted with an incurable communicable disease;
(iv) when it is done to prevent an imminent danger to the life or limb of a human being; and (v)
when the wildlife is killed or destroyed after it has been used in authorized research or experiments.
(b) inflicting injury which cripples and/or impairs the reproductive system of wildlife species; 3. (c)
effecting any of the following acts in critical habitat(s) (i)
dumping of waste detrimental to wildlife;
products
(ii)
squatting or otherwise occupying any portion of the critical habitat;
4.
Confiscate the wildlife and other instruments of the crime.
5.
Turn over the violator and submit apprehension /incident report and the evidence gathered to the Office of the Prosecutor within the
(iii) mineral exploration and/or extraction; (iv) burning; (v)
logging; and
(vi) quarrying (d)
introduction, reintroduction or restocking of wildlife resources;
(e)
trading of wildlife;
(f)
collecting, hunting or possessing wildlife, their by-products and derivatives;
(g)
gathering or destroying of active nests, nest trees, host plants and the like;
Coast Guard Education and Training Command
Prepare inspection/ap prehension report
Reglementary Period
Persons lawfully arrested without a warrant of arrest and detained for committing any of the prohibited acts stated herein must be delivered to the proper judicial authority within the reglementary period of eighteen (18) hours upon detention to avoid prosecution for violation of Article 125 of the Revised Penal Code (Delay in the Delivery of Detained Persons to the Proper Judicial Authorities Exception: Persons lawfully arrested without a warrant of arrest and detained for committing illegal acts under paragraphs (e) to (i) involving other wildlife species not considered as critical, endangered, vulnerable or threatened species, must be delivered to the proper judicial authority within the reglementary
Page 267
Maritime Security and Law Enforcement Manual s.2011 (h)
maltreating and/or inflicting other injuries not covered by the preceding paragraph; and
(i)
transporting of wildlife.
reglementary period.
period of twelve (12) hours upon detention.
Common Elements 1. Introduction of wildlife into the Philippines without necessary permits 2. Importation or exportation of wildlife without necessary permits. RELATED LAW Republic Act No. 7586, otherwise known as the National Integrated Protected Areas System (NIPAS) Act, and critical habitats.
ILLUSTRATIVE CASE A motor banca loaded with hawksbill turtles were apprehended by CG elements at the vicinity of Navotas. Upon demand, the persons aboard were not able to present proper documentation and permit on the hawksbill turtles which gave rise to the presumption that the turtles were illegal shipped.
Coast Guard Education and Training Command
Page 268
Maritime Security and Law Enforcement Manual s.2011
6.
CODE ON SANITATION OF THE PHILIPPINES (PD 856) CODE OF SANITATION OF THE PHILIPPINES (PD 856) Punishable Act/s / Prohibitions Procedure
a. Any person who shall violate, disobey, refuse, omit or neglect to comply with any of the rules and regulations promulgated under this Code; b. Any person who shall interfere with or hinder, or oppose any officer, agent or member of the Department or of the bureaus and offices under it, in the performance of his duty as such under this Code, or shall tear down, mutilate, deface or alter any placard, or notice, affixed to the premises in the enforcement of the Code
1. Conduct routine inspection 2. If vessel complies with all the necessary documents such as quarantine clearance from Quarantine Medical Officer receive the MOSD. If vessel does not comply detain vessel until compliance.
PERTINENT PROVISIONS SECTION 66. Port and Airport Sanitation. – In ports and airports, the following sanitary requirements shall be applied: (a)
Every port and airport shall be provided with potable drinking water and wholesome food supplied from sources approved by the Secretary or his duly authorized representative.
(b)
The drinking water and food shall be stored and handled in a manner to ensure their protection against contamination. The local health authority shall conduct periodic inspections of equipment, installations and premises, and collect regularly samples of water and food for laboratory examination to determine if they are fit for human consumption.
(c)
There shall be available to as many ports and airports as practicable
organized
medical and health services with adequate staff, equipment and facilities for the prompt isolation and care of infected persons, disinfection, disinsecting, dating, laboratory examination, collection and examination of rodents for plague infection, collection of water and food samples for examination. (d)
The local health authority for each port and airport shall take all practicable measures to keep port and airport installation free of rodents.
(e)
In ports and airports of entry, facilities shall be provided for immunizations required in international travel.
Coast Guard Education and Training Command
Page 269
Maritime Security and Law Enforcement Manual s.2011 (f)
Every port of entry and the area within the perimeter of an airport of entry shall be kept free from mosquito vectors of yellow fever, malaria and other diseases of epidemiological significance.
SEC. 67. Vessel Sanitation. – For the purpose of this Section, the provisions of Article II of the Quarantine Regulations promulgated under Section 5 of Republic Act No. 123 shall be applied and enforced.
Regulation under RA 9271 (QUARANTINE ACT OF 2004) SEC.7. Quarantine Documents/ Clearances of Vessels and Aircraft. – (a)
All vessels or aircraft from foreign ports arriving at any port of the Philippines shall be required to submit the required maritime declaration of health/general declaration and other documents as prescribed by the regulations.
(b)
All ocean-going vessels or international aircraft from foreign seaports/airports calling at any seaport or airport in the Philippines to disembark its passengers or discharge its cargo, or for other purposes must secure a quarantine clearance in compliance with the health regulations. This quarantine certificate/clearance (Pratique) shall be a prerequisite to customs clearance.
(c)
After compliance with the quarantine laws and regulations, all vessels or aircraft leaving any seaport or airport of the Philippines shall secure quarantine outgoing clearance. This certificate/clearance shall also be a prerequisite to customs clearance of outgoing vessels and aircraft.
Regulation under Philippine Primer on Customs, Immigration, Quarantine, Security (CIQS) GENERAL SANITATION REQUIREMENTS FOR PORT OF ENTRY
1. Inspection of Vessels Vessel Inspection Upon Entry
Upon the discretion of the Director of Quarantine, a RADIO PRATIQUE (clearance) may be granted to military vessels of the Philippines and foreign countries and ocean-going passenger lines under the following conditions:
Coast Guard Education and Training Command
Page 270
Maritime Security and Law Enforcement Manual s.2011
There should be a ship surgeon on board or in vessels operating as squadrons.
The request of the Radio Pratique should be done within 24 hours before the expected time of arrival of the vessel. In order for the Radio Pratique to be in effect, the vessel must receive an affirmative reply from the Director of Quarantine. In the absence of reply or upon receipt of disapproval, the vessel must anchor at the quarantine anchorage and await quarantine inspection.
The ports visited during the voyage should be stated and if such ports are infected with any of the diseases subject to the Regulations, the request should include a positive statement that the necessary preventive safeguards have been instituted for the vessel, crew, passengers, and cargoes. Such statement may be expressed in the radiogram by the words "Maximum Quarantine Precautions Enforced."
There should be no actual case or suspected case on board of disease/s subject to the Regulations or of a dangerous communicable disease.
When the Radio Pratique is granted, the vessel may enter the port and berth without anchoring at the quarantine anchorage for quarantine inspection. The Director of Quarantine or his representative shall notify accordingly the shipping agent/company who shall in turn notify the other government authorities concerned.
When the vessel has docked, the Quarantine Medical Officer shall proceed with the quarantine formalities.
Requirements for Vessels to be Inspected Any vessel subject to quarantine inspection shall be considered in quarantine until given a pratique. Such vessel shall fly a yellow flag at its foremast, drop its anchor at the designated quarantine anchorage, put down its accommodation ladder, wait for the Quarantine Medical Officer and give the conveyance a proper shelter or lee in stormy weather while he is boarding and leaving the vessel. The Quarantine Medical Officer has the authority to delay quarantine inspection of a vessel until the above conditions are complied with.
Release of vessel from quarantine Any vessel, together with its crew, passengers and cargoes inspected by the Quarantine Medical Officer shall be granted FREE PRATIQUE and released from quarantine upon compliance with these rules and regulations. Any vessel granted a PROVISIONAL PRATIQUE is required to observe all requirements stipulated in the pratique. Upon compliance with the requirements, a Free Pratique will be issued in lieu of the Provisional Pratique.
Coast Guard Education and Training Command
Page 271
Maritime Security and Law Enforcement Manual s.2011 A copy of the Pratique issued must be presented to the Commissioner of Customs or his representative.
2. Requirements of Vessels While in Port a.
Rat guards on Mooring Connection Lines If the vessel docks alongside the piers, all mooring lines should be guarded by an approved of type of rat guard not less than 1 meter in diameter and so fixed as to be always at right angle to the line in which it is attached.
b.
Cargo Nets and Gangways All cargo nets should be hauled up when not in use. The gangway should be well lighted throughout the night.
c.
Distance of Vessel to the Dock All vessels should fend off at least 1 ½ meters from the dock.
d.
Mooring of Vessel to another Vessel which is Moored to a Dock A vessel, which shall tie alongside another vessel moored to a dock, shall institute all necessary measures to prevent the movement of rats from one vessel to another.
e.
Disposal of Garbage No vessel shall be allowed to dump garbage overboard while in the harbor. The garbage should be collected in prescribed containers for disposal. When the vessel is in port, arrangements should be made for the regular removal of garbage by a garbage disposal service. (See PCG Memorandum Circular 022005)
f.
Control Mosquitoes, Flies and other Insects All breeding places of mosquitoes, flies and other insects shall be eradicated. The BQIHS shall order appropriate measures against mosquitoes, flies and other insects if the need arises.
g.
Rat Inspection of Vessels
The following vessels shall be subject to rat inspection while in port: Vessels without a Deratting / Deratting Exemption Certificate Vessels with an expired Deratting / Deratting Certificate Vessels with valid Deratting / Deratting Exemption Certificate but with
moderate to heavy rat infestation aboard, or if plague-infected ports were visited during the voyage
Coast Guard Education and Training Command
Page 272
Maritime Security and Law Enforcement Manual s.2011
The rat inspection of a vessel shall be done preferably when the vessel is empty
Any rat inspection shall be under direct supervision of the Quarantine Medical Officer
All findings of such inspection shall be duly recorded in the exemption certificate form with the recommendations of the inspection team, which should be complied with as soon as possible.
No vessel shall be allowed to leave the port unless its deratization document is in order
A Deratting/ Deratting Exemption Certificate is valid for six months. An extension of the expired certificate for one month may be issued on condition that formal inspection and issuance of a Deratting / Deratting Certificate shall be done in the next port of call authorized to conduct such inspection and issuance of the said certificate.
h.
Fumigation of Vessels The following are subject to fumigation while in the harbor:
i.
Any vessel with human or rodent plague on board
Any vessel moderately or heavily infested with rodents
Cargoes in a vessel loaded from plague-infected port without a valid Certificate of Fumigation from the port of origin
Interisland vessels for their periodic annual fumigation
Application of Other Deratting Measures on Board The Director of Quarantine or his representative shall order other forms of dating measures, such as poisoning or trapping, if in his evaluation such measures are sufficient to eradicate the rat infestation on board. Such dating measures shall be performed under the supervision of the Quarantine Medical Officer. The Master of the vessel subject to such measures shall cooperate to ensure an effective dating and avoid any possible poisoning or injury to the people on board.
j.
Departure of a Vessel No vessel plying on international trade shall be allowed to leave any port in the Philippines without securing from the BQIHS, the QUARANTINE
CLEARANCE FOR OUTGOING VESSELS. This document shall be granted to a vessel that has complied with all quarantine requirements. The director of Quarantine may order the medical examination of any person before his
Coast Guard Education and Training Command
Page 273
Maritime Security and Law Enforcement Manual s.2011 departure on an international voyage in order to prevent the introduction of possible agents of infection of a disease subject to the Regulations.
3. Detention of Vessel in Quarantine The diseases subject to the Regulations are cholera, plague and yellow fever. Upon revision of the International Health Regulations, the emerging and re-emerging diseases may be included as subject to the Regulations. a.
Vessels to be Placed in Detention Any vessel which the Quarantine Medical Officer considers as infected with a disease subject to the Regulations shall be detained in quarantine.
b.
Requirements of Vessel in Detention No direct contact shall be allowed between any person in the vessel in quarantine and any person from the outside. Such vessel shall fly the yellow flag while under detention in quarantine.
c.
Detention of Persons Any person on board a vessel in detention shall be subjected to all restrictions imposed by the Director of Quarantine to avoid the spread of the disease.
d.
Bunkering, Unloading of Mail and Acquisition of Provisions With the permission of the Director of Quarantine or his authorized representatives, a vessel may proceed alongside a vessel under detention, may unload mail to said vessels and may supply provisions of food and water, provided that such activities are all performed ship-side and in no instance can the personnel of one vessel transfer from one vessel together with its crew and other personnel.
e.
Movement of Vessel in Quarantine No vessel in quarantine is allowed to move from its anchorage without the permission of the Director of Quarantine. If the pilot moves the vessel without his permission, he shall be subject to the same restrictions as those imposed on the crew of the vessel in detention.
f.
Surveillance of Detained Persons Persons detained aboard a vessel in detention shall, from time to time, be inspected by the Quarantine Medical Officer. Additional quarantine personnel may be detailed on board to maintain the surveillance and monitoring.
g.
Stool Examination for Cholera
Coast Guard Education and Training Command
Page 274
Maritime Security and Law Enforcement Manual s.2011 The crew and passengers of the detained vessel with a case of cholera on board may be subject to a bacteriological examination of their stools for cholera upon the discretion of the Director of Quarantine. ILLUSTRATIVE CASE M/V SURLA, thru its clearing officer, submitted the necessary documents before its departure. However upon checking P03 Bala PCG notice that no quarantine clearance is secured. He informed the Detachment Commander who in turn informed the Master of M/V SURLA. MOSD was not received by the Detachment Commander and further informed the Master to comply first with the requirements before departure. 7.
THE PHILIPPINE FISHERIES CODE OF 1998 (RA 8550) FISHERIES LAW (RA 8550)
Punishable Act/s / Prohibitions
Procedure
1. Unauthorized Fishing or Engaging 1. Commission of a crime/offense in Other Unauthorized Fisheries Activities. 2. Observe procedure on initial contact with suspicious vessel, 2. Poaching in Philippine Waters boarding and effect arrest and immediate search of the 3. Use of Fine Mesh Net vessel. Observe for any violation of the Revised Penal 4. Use of Active Gear in the Code. Municipal Waters and Bays and Other Fishery Management 3. Immediately gather evidence at Areas. the scene as may be applicable, and observe rules on the 5. Ban on Coral Exploitation and preservation of evidence, to wit: Exportation. a. explosives including packs, 6. Ban on Muro-Ami, Other Methods bottles, caps, detonating and Gear Destructive to Coral cords, etc. Reefs and Other Marine Habitat. b. poisonous substance-place it on plastic bags and label 7. Illegal Use of Superlights. it with proper markings c. secure fine mesh nets 8. Conversion of Mangroves. d. fish caught 9. Fishing in Overfished Area and 4. List all the names, addresses During Closed Season. 11. and other personal Fishing in Fishery Reserves, circumstances of boat captain Refuge and Sanctuaries. and crew and all possible witnesses. 10. Fishing or Taking of Rare, Threatened or Endangered 5. Conduct inspection of Species. certificates or permits as may
Coast Guard Education and Training Command
Reglementar y Period
Persons lawfully arrested without a warrant of arrest and detained for committing any of the prohibited acts stated herein must be delivered to the proper judicial authority within the reglementary period of eighteen (18) hours upon detention to avoid prosecution for violation of Article 125 of the Revised Penal Code (Delay in the Delivery of Detained
Page 275
Maritime Security and Law Enforcement Manual s.2011 11. Capture of Sabalo and Other Breeders/Spawners. 12. Exportation of Breeders, Spawners, Eggs or Fry. 13. Importation or Exportation of Fish or Fishery Species. 14. Violation of Catch Ceilings. 15. Aquatic Pollution 16. Commercial Fishing Vessel Operators Employing Unlicensed Fisherfolk or Fishworker or Crew 17. Obstruction of Defined Migration Paths 18. Obstruction to Fishery Enforcement Officer.
Law
be applicable from the ff:
Persons to the Proper a. Bureau of Fisheries and Judicial Aquatic Resources-Department Authorities) of Agriculture commercial fishing vessel license fishpond lease agreement b. MARINA licenses and permit of fisherfolks and boat captain Coastwise License and Bay & River License vessel registration documents c. Local Government Units permit to engaged in fishing activity d. DENR Environmental Compliance Certificate (ECC)
6. Observe procedure on seizure Fishing Through Explosives, Noxious of vessel or Poisonous Substance, and/or Electricity 7. Detain suspects taking into consideration the periods 1. To catch, take or gather or cause covered in Art. 125 of the to be caught, taken or gathered, Revised Penal Code. fish or any fishery species in Philippine waters with the use of 8. Prepare electricity, explosives, noxious or inspection/apprehension report poisonous substance such as and the following forms as sodium cyanide in the Philippine may be applicable, to wit: fishery areas, which will kill, a. Affidavit of Arrest stupefy, disable or render b. Boarding Certificate unconscious fish or fishery c. Inventory Report of species: It will likewise be Confiscated Articles unlawful for any person, d. Receipt of Confiscated Fish corporation or entity to possess, e. Receipt of Confiscated deal in, sell or in any manner Gear dispose of, any fish or fishery f. Receipt of Impounded species which have been illegally Boat/Vessel caught, taken or gathered. g. Fish Sample Evidence 2. Possession of explosive, noxious 9. Submit and turn-over the or poisonous substances or following to the Bureau of electrofishing devices for illegal Fisheries Field Office for fishing laboratory test and secure
Coast Guard Education and Training Command
Page 276
Maritime Security and Law Enforcement Manual s.2011 3. Actual use of explosives, noxious or poisonous substances or electrofishing devices for illegal fishing
certificates therefrom as may be applicable, to wit: a. seized explosive and dynamited fish b. poisonous substance and fish caught c. fine mesh net
4. Dealing in, selling, or in any manner disposing of, for profit, illegally caught/gathered fisheries species 10. Turnover the suspects to the city/municipal jail upon 5. In all cases enumerated above, issuance of commitment order. the explosives, noxious or poisonous substances and/or 11. Prepare and secure the electrical devices, as well as the following: fishing vessels, fishing equipment a. joint affidavit/sworn and catch shall be forfeited. statement of apprehending officer b. Certification from the BFAR c. Complaint-affidavit a. Failure to Comply with Minimum together with the Safety Standards. necessary supporting documents. b. Failure to Conduct a Yearly Report on all Fishponds, Fish Pens and 12. File the complaint-affidavit Fish Cages. together with other supporting documents before the City c. Gathering and Marketing of Shell Prosecutor/Provincial Fishes Prosecutor within 24 hours from detention taking into d. Obstruction to Navigation or Flow consideration the periods and Ebb of Tide in any Stream, covered in Art. 125 of the River, Lake or Bay. e. Revised Penal Code. Construction and Operation of Fish Corrals/Traps, Fish Pens and Fish Cages.
Prohibited Acts Based on Fishing Method: 1. Fishing with explosives: a. Use of dynamite, other explosives or other chemical compounds that contain combustible elements which upon ignition by friction, concussion, percussion or detonation of all parts of the compound will kill, stupefy, disable or render unconscious any fishery species b. Use of any other substance and/or device which causes an explosion that is capable of producing the said harmful effects on any fishery species and aquatic resources and capable of damaging and altering the natural habitat.
Coast Guard Education and Training Command
Page 277
Maritime Security and Law Enforcement Manual s.2011 2. Fishing with noxious or poisonous substance The use of any substance, plant extracts or juice thereof, sodium cyanide and/or cyanide compounds or other chemicals either in a raw or processed form, harmful or harmless to human beings, which will kill, stupefy, disable or render unconscious any fishery species and aquatic resources and capable of damaging and altering the natural habitat. 3. Electrofishing - the use of electricity generated by batteries, electric generator and other source of electric power to kill, stupefy, disable or render unconscious fishery species, whether or not the same are subsequently recovered. a. It will likewise be unlawful for any person, corporation or entity to possess, deal in, sell or in any manner dispose of, any fish or fishery species which have been illegally caught, taken or gathered. b. Mere possession of explosive, noxious or poisonous substances or electrofishing devices for illegal fishing shall be punishable 4. Use of Fine Mesh Nets
5. Use of Active Gear in the Municipal Waters and Bays and Other Fishery Management Areas
Prohibited Acts Based on Location of Fishery Activity: 1. Commercial Fishing Vessels Fishing within Municipal Waters Elements: a. Fishing must be for trade, business or profit, and not subsistence or sports fishing b. Fishing vessel must weigh at least 3.1 GT c. Fishing
activity
must
be
located within 15km from coastline
Coast Guard Education and Training Command
Page 278
Maritime Security and Law Enforcement Manual s.2011 2. Commercial Fishing by Commercial Fishing vessels in Bays and Fishery Management Areas Declared as Over-exploited Elements: a. Fishing vessel must weigh at least 3.1 GT b. Fishing vessel fishes within an area declared as overexploited 3. Commercial Fishing Activities by Municipal Fisherfolk within municipal waters without being listed in the Registry of Municipal Fisherfolk Elements: a. If fishing vessel is involved, it must be less than 3.1 GT b. Municipal fisherfolk involved is not listed in the registry of municipal fisherfolk 4. Poaching in Philippine Waters Elements: a. Foreign person, corporation or entity fishes or operates the fishing vessel b. Such fishing activity or operation of fishing vessel was conducted within Philippine waters 5. Fishing in overfished areas and during closed season 6. Fishing in Fishery Reserves, Refuge and Sanctuaries 7. Use of Active Gear in the Municipal Waters and Bays and other Fishery Management Areas 8. Ban on Muro-Ami, Other Methods and Gear Destructive to Coral Reefs and Other Marine Habitat. 9. Illegal Use of Superlight within Municipal Waters
Prohibited Acts Based on Resource Exploited: 1. Ban on Coral Exploitation and Exportation Elements: a. Ordinary, precious and/or semi-precious corals, whether raw or in processed form, are gathered, possessed, sold or exported by any person or corporation b. Such activities respecting corals are not for scientific or research purposes
Coast Guard Education and Training Command
Page 279
Maritime Security and Law Enforcement Manual s.2011 2. Ban on Gathering, Selling, Exporting of White Sand, Silica, Pebbles and Other Substances that make up the Marine Habitat Elements: a. White sand, silica, pebbles and other substances are gathered, sold or exported b. Such white sand, silica, pebbles and other substances are gathered from the coastal and marine environment 3. Conversion of Mangroves 
Mangroves are converted into fishponds, and/or for any other use or purpose (e.g. mangrove clearing for the establishment of resorts, mangrove cutting for charcoal, de-barking as raw material for dyes, varnish, thinner, etc.)
4. Fishing or taking of rare, threatened or endangered species 5. Ban on the taking or catching, selling, purchasing, and possessing, transporting and exporting of whale sharks and manta rays 6. Capture of Sabalo and Other Breeders/Spawners. 7. Exportation of Breeders, Spawners, Eggs or Fry. 8. Gathering and Marketing of Shellfishes OTHER PROHIBITED/REGULATED ACTIVITIES 1. Engaging in any fishery activity in Philippine waters without a license, lease or permit 2. Importation or Exportation of Fish or Fishery Species. 3. Violation of catch ceilings 4. Aquatic pollution 5. Failure to comply with minimum safety standards 6. Failure to conduct yearly report on fishponds, fishpens and fishcages 7. Obstruction to Navigation or Flow and Ebb of Tide in any stream, river, lake or bay 8. Construction and operation of fish corrals/traps, fish pens and fish cages 9. Obstruction to Defined Migration Paths
Coast Guard Education and Training Command
Page 280
Maritime Security and Law Enforcement Manual s.2011 10. Commercial Fishing Vessel Operators Employing Unlicensed Fisherfolk or fishworker or crew 11. Obstruction of fishery law enforcement officer
RELEVANT PROVISION of the IRR of RA 9993 Rule 3 (I) 1 The PCG shall assist in the prevention and suppression of illegal fishing or violation of fishery laws, illegal gathering of corals and other marine products, illegal entry, smuggling, other customs frauds, illegal transport of forest products, illegal transport of firearms and explosives, human trafficking, illegal transport of dangerous drugs and controlled chemicals, transnational crimes and violations of other applicable maritime laws that may be committed within the maritime jurisdiction of the Philippines. In the exercise of these functions, personnel of the Philippine Coast Guard shall be deemed enforcers of the law, provided, that any other law enforcement agencies may also be called upon by the Philippine Coast Guard to render assistance in the discharge of its functions ILLUSTRATIVE CASES 1.
Maritime patrol within Davao Gulf was conducted based on reports of rampant illegal fishing and other illegal activities in the area. The patrol team spotted a fishing vessel lying-to vicinity thus, it immediately maneuver to approach target vessel for boarding and inspection. Noticeably they were dead fish floating around their vessel. The spotted vessel made an evasive maneuver which prompted the apprehending team to fire a warning shot. The target vessel disregarded the warning shot and instead threw what seems to be a dynamite towards the apprehending vessel. Fortunately, apprehending team kept a safe distance from the targeted vessel and this prompted the apprehending vessel to fire a second warning shot near the bow of the targeted vessel. After the second warning shot, the target vessel stopped. Apprehending vessel still sensing danger maneuvered to maintain a safe distance and armed its Boarding Team before boarding. HELD: Violation of Republic Act No. 8550, otherwise known as the Philippine Fisheries Code of 1998, specifically, Section 87 (Poaching) and Section 88 (Fishing through Explosives, Noxious or Poisonous Substances) of the said Act.
2.
While patrolling the seas of Dilasag, Aurora, a team of Coast Guard and Bureau of Fisheries and Aquatic Resources noticed four foreign vessels in the area. The fishing vessels immediately fled upon seeing the patrol team, prompting Coast Guard agents to chase and fire warning shots using a .30 caliber machine gun. After more than three hours of pursuit operations, one of the fishing vessels
Coast Guard Education and Training Command
Page 281
Maritime Security and Law Enforcement Manual s.2011 eventually yielded to Coast Guard personnel while the others were able to escape. The RTC of Dilasag, ordered PCG to detain the vessel while the RTC of Aurora granted the writ of preliminary mandatory injunction ordering PCG for the release of the vessel. What should the Detachment Commander do in such situation? HELD: Detain the vessel. In Arsenio N. Roldan, Jr. vs. Francisco Arca, G.R. No. L-25434 July 25, 1975 it was held that their apprehension without a warrant of arrest and the seizure of the vessel, as well as its equipment and the dynamites found therein, is an incident to a lawful arrest and therefore valid and lawful.
8.
FORESTRY REFORM CODE OF THE PHILIPPINES (PD 705)
FORESTRY REFORM CODE OF THE PHILIPPINES (PD 705) Punishable Act/s / Reglementary Procedure Period Prohibitions 1.
Cutting, Gathering 1. Conduct inspection of permits/ and/or Collecting certificates Timber, or Other Forest Products 2. Commission of a crime/offense (i.e. Without License illegal shipment of forest products)
2.
Unlawful 3. Observe procedure on initial contact with Occupation or suspicious vessel, boarding and effect Destruction of arrest and immediate search of the Forest Lands and vessel. Observe for any violation of the Grazing Lands Revised Penal Code.
3.
Pasturing Livestock
4.
5. 6.
7.
4. Tow or escort watercraft with cargoes of lumber to the nearest Coast Guard Illegal Occupation Station or Detachment. of National Parks System and 5. Conduct inventory of the lumber seized. Recreation Areas and Vandalism 6. List all the names, addresses and other Therein personal circumstances of boat captain and crew and all possible witnesses. Destruction of Wildlife Resources 7. Immediately inform the following, to wit: a. City/Provincial Environment Natural Survey by Resources officer (CENRO/PENRO) Unauthorized b. Coast Guard Station in the area Persons 8. CENRO Representative will conduct Misclassification selling of seized lumber and determine and Survey by exact volume
Coast Guard Education and Training Command
Persons lawfully arrested without a warrant of arrest and detained for committing any of the prohibited acts stated herein must be delivered to the proper judicial authority within the reglementary period of eighteen (18) hours upon detention to avoid prosecution for violation of Article 125 of the Revised Penal Code (Delay in the Delivery of Detained Persons to the Proper Judicial Authorities)
Page 282
Maritime Security and Law Enforcement Manual s.2011 Government Official or Employee 9. Secure the following CENRO/PENRO: 8. Tax Declaration on a. Inventory and scaling report Real Property b. certificate
from
9.
Coercion Influence
and 10. Detain suspects taking into consideration the periods covered in Art. 125 of the Revised Penal Code. 10. Payment, Collection 11. Turnover the suspects to the and Remittance of city/municipal jail upon issuance of Forest Charges commitment order. 11.
Sale of Wood 12. Prepare and secure the following: Products without a. joint affidavit/sworn statement of complying with apprehending officer grading rules b. joint affidavit/sworn statement of the crew of the apprehended watercraft c. inspection and apprehension (IAR) against the watercraft d. Seizure Receipt e. Complaint-affidavit together with the necessary supporting documents. 13. File the complaint-affidavit together with other supporting documents before the City Prosecutor/Provincial Prosecutor within 24 hours from detention taking into consideration the periods covered in Art. 125 of the Revised Penal Code.
Other Related Law/s An Act To Prohibit The Cutting Of Tindalo, Akle, or Molave Trees, Under Certain Conditions, and to Penalize Violations Thereof (ACT NO. 3572)
Punishable Acts / Prohibition the cutting in the public forests of tindalo, akle, or molave trees less than sixty centimeters in diameter measured at a height of four feet from the ground (breast high)
Coast Guard Education and Training Command
Reglementary Period Persons lawfully arrested without a warrant of arrest and detained for committing any of the prohibited acts stated herein must be delivered to the proper judicial authority within the reglementary period of twelve (12) hours upon detention to avoid prosecution for violation of Article 125 of the Revised Penal Code (Delay in the Delivery of Detained Persons to the Proper Judicial Authorities)
Page 283
Maritime Security and Law Enforcement Manual s.2011 RELEVANT PROVISION of the IRR of RA 9993 Rule 3 (I) 1 The PCG shall assist in the prevention and suppression of illegal fishing or violation of fishery laws, illegal gathering of corals and other marine products, illegal entry, smuggling, other customs frauds, illegal transport of forest products, illegal transport of firearms and explosives, human trafficking, illegal transport of dangerous drugs and controlled chemicals, transnational crimes and violations of other applicable maritime laws that may be committed within the maritime jurisdiction of the Philippines. In the exercise of these functions, personnel of the Philippine Coast Guard shall be deemed enforcers of the law, provided, that any other law enforcement agencies may also be called upon by the Philippine Coast Guard to render assistance in the discharge of its functions.
ILLUSTRATIVE CASE PCG team conducted a routine inspection of vessels within their area of responsibility. They noticed M/B KING BRIAN loaded with pieces of lumber. Suspicious that the cargo was illegally cut pieces of lumber, they asked for shipment documents and necessary permits. The boat captain of M/B KING BRIAN answered in the negative. They then informed the Coast Guard authorities that the pieces of lumber were owned by Pastor Telen, while the subject vessel was registered in the name of Southern Leyte Farmers Agro-Industrial Cooperative, Inc. (SLEFAICO) which is a local cooperative. Subsequently, a seizure receipt was issued covering the fifty-one (51) pieces of confiscated Dita and Antipolo lumber and seized/detained M/B KING BRIAN. The confiscated pieces of lumber and were turned over to the CENRO, Maasin, Southern Leyte. The CENRO representatives took cognizance of filing the action against the suspects. 9.
TOXIC SUBSTANCES AND HAZARDOUS CONTROL ACT OF 1990 (RA 6969)
AND
NUCLEAR
WASTES
TOXIC SUBSTANCES AND HAZARDOUS AND NUCLEAR WASTES CONTROL ACT OF 1990 (RA 6969) Punishable Act/s / Reglementary Procedure Period Prohibitions Persons lawfully (a) Knowingly use a 1. Conduct inspection of permits/ certificates arrested chemical substance a or mixture which is 2. Commission of a crime/offense (i.e. illegal without warrant of imported, transport of hazardous waste) arrest and manufactured, detained for processed or 3. Observe procedure on initial contact with distributed in suspicious vessel, boarding and effect arrest committing any the violation of this Act and immediate search of the vessel. of prohibited acts or implementing Observe for any violation of the Revised stated herein
Coast Guard Education and Training Command
Page 284
Maritime Security and Law Enforcement Manual s.2011 rules regulations orders;
and or
(b) Failure or refusal to submit reports, notices or other information, access to records, as required by this Act, or permit inspection of establishment where chemicals are manufactured, processed, stored or otherwise held;
Penal Code. 4. Tow or escort watercraft to the nearest Coast Guard Station or Detachment. 5. Conduct inventory of substance/hazardous waste
the
toxic
6. List all the names, addresses and other personal circumstances of boat captain and crew and all possible witnesses. 7. Immediately in form the following, to wit: a. DENR Field office in the area b. Coast Guard Station in the area
8. DENR Representative will secure the toxic substance and hazardous waste for proper (c) Failure or refusal to disposal, PCG thru MEPCOM unit in the area comply with the will assist. pre-manufacture and pre-importation 9. Secure the following from DENR: requirements; and a. Inventory report b. certificate (d) Cause, aid or facilitate, directly or 10. Detain suspects taking into consideration indirectly, in the the periods covered in Art. 125 of the storage, Revised Penal Code. importation, or bringing into 11. Turnover the suspects to the city/municipal Philippines territory, jail upon issuance of commitment order. including its maritime economic 12. Prepare and secure the following: zones, even in a. joint affidavit/sworn statement of transit, either by apprehending officer means of land, air b. joint affidavit/sworn statement of the or sea crew of the apprehended watercraft transportation or c. inspection and apprehension (IAR) otherwise keeping against the watercraft in storage any d. Seizure Receipt amount of e. Complaint-affidavit together with the hazardous and necessary supporting documents. nuclear wastes in 13. File the complaint-affidavit together with any part of the other supporting documents before the City Philippines Prosecutor/Provincial Prosecutor taking into consideration the periods covered in Art. 125 of the Revised Penal Code.
Coast Guard Education and Training Command
must be delivered to the proper judicial authority within the reglementary period of eighteen (18) hours upon detention to avoid prosecution for violation of Article 125 of the Revised Penal Code (Delay in the Delivery of Detained Persons to the Proper Judicial Authorities)
Page 285
Maritime Security and Law Enforcement Manual s.2011 RELEVANT PROVISIONS of the IRR of RA 9993
Rule 3 (n) 5. The PCG shall investigate all oil and other hazardous noxious substances spill incidents and submit recommendations to the DOTC Secretary. Rule 3 (n) 6. The PCG shall prescribe procedures for the proper disposal/dumping of wastes and other substances into the waters subject to the jurisdiction of the Philippines in accordance with relevant international conventions, treaties and national laws. The PCG shall by no means allow the dumping at sea of contaminated wastes and substances as defined in existing national laws. Rule 3 (o) 2. The PCG shall develop a national contingency plan of spillages of oil and other hazardous and noxious substances (HNS). It shall likewise ensure that a similar plan is available in vessels, oil refineries, terminals, depots, harbors, shipyards, platforms, oil rigs and other offshore facilities, and manufacturing industries using persistent oil and HNS. Said Plan shall be subjected to regular evaluation by the PCG. The PCG shall likewise ensure that the abovementioned establishments have the necessary capability to respond to oil spill incidents. ILLUSTRATIVE CASE Upon conduct of routine inspection, Capt. Florencio M Marimon, Sr. declared that there was no dangerous cargo on board M/V Princess of the Stars during her Voyage No. 392 from Manila to Cebu. The Cargo Manifest which the captain allegedly accomplished revealed otherwise. A cargo covered by a bill of lading BL No T-81 consisting of 40 400 Boxes Endosulfan Technical with Del Monte Philippines, Inc as shipper and Collector of Customs as consignee is listed in the Cargo Manifest. Mr. Luis Alejandro, the Chief Operating Officer for Del Monte Pacific and also the concurrent Chief Operating Officer of Del Monte Philippines informed the Coast Guard that the specific cargo in question is an importation of his company from Israel Makhteshim Chemical Works Limited Inc. Upon inquiry, the subject cargo have no permit to transport from DENR and export clearance. The container left Israel for Manila on board Yang Ming Marine and arrived on 16 June 2008; Del Monte Philippines engages CEVA Philippines as broker for the transshipment of the cargo from Manila to Bugo, Cagayan De Oro; CEVA Philippines processes the transshipment permit; transports the cargo to domestic port at North Harbor and hands over the cargo to Sulpicio Lines;
Coast Guard Education and Training Command
Page 286
Maritime Security and Law Enforcement Manual s.2011 The container has three (3) specific markings (1st – picture of the skull and bones with number 6 at the bottom; which indicate that the cargo is toxic and dangerous, number 6 being the class under the IMDG Code; 2nd – picture of a fish with a mark X, with the words MARINE POLLUTANT; 3rd – number 2761 which refers to materials that are classified as organ chlorine pesticide solid and toxic; SULPICIO LINES INCORPORATED told the Coast Guard that the Endosulfan cargo is a case of misdeclaration on the part of the shipper. CGS Manila Station Commander immediately informed the DENR Field Office for proper disposal of the aforementioned hazardous waste. DENR Representative took cognizance of filing the action against Del Monte and Sulpicio.
B. OTHER SPECIAL LAWS SMUGGLING Smuggling is an act of any person who fraudulently import
shall any
article contrary to law, or assist in so doing or receive, conceal, buy, sell, facilitate transportation, concealment or
sale
of
knowing importation
such
article
its (Sec.
illegal 3601,
TCC). Exportation of any article contrary to law (Sec. 3514, TCC) Smuggling is the act of bringing into or taking out of a country taxable goods without paying taxes or duties imposed on them.
Technical Smuggling – shipments through the proper ports but evasion of payment of customs duties, taxes, and fees by misdeclaration or undervaluation.
Misdeclaration – the deliberate declaration of a type of goods by another name type Undervaluation – the declaration of a lesser value goods than its actual value.
Misclassification – the deliberate declarations of a cargo under a different type of classification of goods other than its true classification.
Coast Guard Education and Training Command
Page 287
Maritime Security and Law Enforcement Manual s.2011 1.
TARIFF AND CUSTOMS CODE
TARIFF AND CUSTOMS CODE (Presidential Decree No. 1464) Punishable Act/s / Prohibitions Procedure Importation into the Philippines of the following articles: 1. Conduct inspection of (a) Dynamite, gunpowder, ammunitions and other explosives, certificates or firearms and weapons of war, and parts thereof, except permits from the when authorized by law. Bureau of Customs. Other pertinent (b) Written or printed articles in any form containing any documents such as matter advocating or inciting treason, or rebellion, or Import Entry, Cargo insurrection, sedition or subversion against the Government Manifest, Transit of the Philippines, or forcible resistance to any law of the Manifest Philippines, or containing any threat to take the life of, or inflict bodily harm upon any person in the Philippines. 2. If failed to present (c) Written or printed articles, negatives or cinematographic necessary film, photographs, engravings, lithographs, objects, documents, paintings, drawings or other representation of an obscene immediately or immoral character. coordinate with customs officer. (d) Articles, instruments, drugs and substances designed,
intended or adapted for producing unlawful abortion, or any printed matter which advertises or describes or gives 3. In coordination with customs officer, seize directly or indirectly information where, how, or by whom prohibited articles. unlawful abortion is produced. (BOC); in the (e) Roulette wheels, gambling outfits, loaded dice, marked absence of customs cards, machines, apparatus or mechanical devices used in officer, CG elements gambling or the distribution of money, cigars, cigarettes or shall seize the other articles when such distribution is dependent on prohibited articles. chance, including jackpot and pinball machines or similar contrivances, or parts thereof. 4. Prepare inspection/ apprehension report (f) Lottery and sweepstakes tickets except those authorized by the Philippine Government, advertisements thereof, and 5. Submit inspection/ lists of drawings therein. apprehension report (g) Any article manufactured in whole or in part of gold, silver to customs officer or other precious metals or alloys thereof, the stamps, and turn-over seized brands or marks or which do not indicate the actual articles / Prepare fineness of quality of said metals or alloys. complaint-affidavit for filing of charges (h) Any adulterated or misbranded articles of food or any with the Bureau of adulterated or misbranded drug in violation of the Customs and turnprovisions of the "Food and Drugs Act." over seized articles. (i) Marijuana, opium, pipes, coca leaves, heroin or any other narcotics or synthetic drugs which are or may hereafter be 6. Detain suspects declared habit forming by the President of the Philippines, taking into or any compound, manufactured salt, derivative, or consideration the preparation thereof, except when imported by the periods covered in Government of the Philippines or any person duly Art. 125 of the authorized by the Dangerous Drugs Board, for medicinal Revised Penal Code. purposes only.
Coast Guard Education and Training Command
Page 288
Maritime Security and Law Enforcement Manual s.2011 (j) Opium pipes and parts thereof, of whatever material. (k) All other articles and parts thereof, the importation of which prohibited by law or rules and regulations issued by competent authority.
OTHER RELATED LAW/S
Prohibited Acts
An Act To Amend Section 1. That the merchandise must have been fraudulently Two Thousand Seven or knowingly imported contrary to law Hundred And Two, And Two Thousand Seven Hundred 2. That the defendant if he is not the importer himself, And Three Of The Revised must have received, concealed, bought, sold or in Administrative Code any manner facilitated the transportation, (Republic Act No. 455) concealment, or sale of the merchandise and that he must be shown to have knowledge that the merchandise had been illegally imported. Any vessels found within the maritime jurisdictin of the Philippines suspected of having a contraband aboard may be inspected, examined or searched by PCG personnel within whose examination search may also be made on any box, trunk, envelope, containers on board vessels (Coast Guard Administrative Order No. 05-70 dated 11 March 70) ILLUSTRATIVE CASES 1.
A vessel bound for Jakarta from HongKong was intercepted by Coast Guard patrol team as it surreptitiously entered the Manila Bay on the evening of October 14 2002. The Coast Guard patrol team boarded the vessel and found on board unmanifested and untaxed 500 cases of the blue seal cigarettes. The cigarettes were seized by the Coast Guard patrol team and thereafter, the corresponding seizure proceedings were instituted. Is there fraudulent importation of cigarettes? Is the seizure of the cigarettes by the Coast Guard patrol team lawful? Yes, there is fraudulent importation of cigarettes and the seizure is lawful. Importation has already begun and there is violation of the Tariff and Customs Code because the taxes were not paid and the cargoes are unmanifested.
2.
M/V CATHAY, a Korean cargo-vessel encountered engine trouble and drifted towards Pagudpud Ilocos Norte where it subsequently ran aground. A duly authorized salvor was tasked to siphon the oil fuel of the vessel to avoid an impending oil spill due to the damage in the vessel. The siphoned oil was then scheduled to be transported to the ship agent. While on their way to the ship agent the salvors were apprehended by the elements of Customs for non-
Coast Guard Education and Training Command
Page 289
Maritime Security and Law Enforcement Manual s.2011 payment of taxes.
The ship agent contended that the fuel siphoned were
necessary for the consumption of the vessel. HELD: The fuel oil necessary for the consumption of the vessel is considered conditionally-free importations. However in this case, the fuel was siphoned from the salvaged vessel hence subject to tax as it is no longer being used for its intended purpose since the vessel is no longer seaworthy. 3.
CG elements boarded a foreign cargo vessel loaded with magnetite iron sand ore for routine inspection. The ship Captain was able to present the documents and permits for the sand ore. However, the inspection team notices barrels of fuel oil which were not declared under the Customs permit presented by the Captain. The inspection team immediately apprehended the crew for smuggling. HELD: The barrels of fuel oil to be used for the consumption of the vessel are conditionally-free importations not subject to tax.
2.
IMMIGRATION LAWS
PHILIPPINE IMMIGRATION ACT of 1940 (Commonwealth Act No. 613) PROHIBITIONS PROCEDURE 1. Entry of aliens in the 1. Conduct initial investigation Philippines through designate ports via 2. Require presentation of unexpired passports, visas and any vessel without other pertinent documents on suspected illegal entrants necessary permits issued by the Bureau 3. Require presentation of the crew lists and passenger of Immigration. manifests and such other information concerning the persons arriving or departing on the vessel as shall be 2. Entry of aliens which required in regulations prescribed by the Commissioner of are declared Immigration. The crew lists of incoming vessels shall be excluded from entry duly visaed by Philippine consular officials abroad. into the Philippines under Sec 32. 4. Upon failure to present abovementioned documents, immediately coordinate with the Immigration Officer 3. Aliens falling under Sec 37 who shall be 5. Fill-up apprehension report with attached initial information arrested upon the which shall include the following: warrant of the Commissioner of a) Name of the Suspect (Aliases) Immigration or of any b) Sex, age and nationality other officer c) Place and date of apprehension designated by him for d) Place of detention and action instituted the purpose and e) Name of apprehending officers/persons deported upon the f) Brief on how illegal entry was effected.
Coast Guard Education and Training Command
Page 290
Maritime Security and Law Enforcement Manual s.2011 warrant of the Commissioner of 6. Turn-over to the Office of the Prosecutor which has Immigration after a jurisdiction over the place where the crime was committed. determination by the Board of 7. Submit detailed written report of investigation and details of Commissioners of the apprehension to the Fiscal with pertinent documents and existence of the evidence gathered ground for deportation as 8. Detain suspects taking into consideration the periods charged against the covered in Art. 125 of the Revised Penal Code. alien. RELEVANT PROVISIONS of the IRR of RA 9993 Rule 3 (l). To assist in the enforcement of laws on fisheries, immigration, tariff and customs, forestry, firearms and explosives, human trafficking, dangerous drugs and controlled chemicals, transnational crimes and other applicable laws within the maritime jurisdiction of the Philippines. Rule 3 (I) 1. The PCG shall assist in the prevention and suppression of illegal fishing or violation of fishery laws, illegal gathering of corals and other marine products, illegal entry, smuggling, other customs frauds, illegal transport of forest products, illegal transport of firearms and explosives, human trafficking, illegal transport of dangerous drugs and controlled chemicals, transnational crimes and violations of other applicable maritime laws that may be committed within the maritime jurisdiction of the Philippines. In the exercise of these functions, personnel of the Philippine Coast Guard shall be deemed enforcers of the law, provided, that any other law enforcement agencies may also be called upon by the Philippine Coast Guard to render assistance in the discharge of its functions. ILLUSTRATIVE CASE MV
Majestic
entered
the
jurisdiction of the Philippines with Indonesian immigrants aboard. Upon inspection by CG elements, the captain and crew were not able to present proper clearance or documents from the Bureau of Immigration.
Coast Guard Education and Training Command
Page 291
Maritime Security and Law Enforcement Manual s.2011 3.
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 (Republic Act No. 9165) Punishable Acts a. Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals b. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals c. Maintenance of a Den, Dive or Resort d. Employees and Visitors of a Den, Dive or Resort e. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals f. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals g. Manufacture or Delivery of Equipment, Instrument, Apparatus, and Other Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential Chemicals
Procedure
Reglementary Period
1. surveillance
Conduct Persons lawfully arrested without a warrant of arrest and detained for committing any of the prohibited acts 2. Apply for search stated herein must be delivered to the warrant, if feasible. proper judicial authority within the reglementary period of thirty six 3. Inform PDEA of any (36) hours upon detention to avoid violation. In case no prosecution for violation of Article 125 PDEA personnel is of the Revised Penal Code (Delay in unavailable, PCG must the Delivery of Detained Persons to apprehend the the Proper Judicial Authorities) offender using reasonable force, whether caught in flagrante delicto or in hot pursuit; 4. Apprehend the offender (preferably with PDEA personnel) using reasonable force, whether caught in flagrante delicto or in hot pursuit; 5. State the reason for the Persons lawfully arrested without a arrest/apprehension warrant of arrest and detained for committing any of the prohibited acts 6. The apprehending stated herein must be delivered to the team having initial proper judicial authority within the custody and control of reglementary period of thirty six the drugs shall, (36) hours upon detention to avoid immediately after prosecution for violation of Article 125 seizure and of the Revised Penal Code (Delay in confiscation, physically the Delivery of Detained Persons to inventory and the Proper Judicial Authorities) photograph the same in the presence of the Except: when the Instrument, accused or the Apparatus, and Other Paraphernalia person/s from whom will be used to inject, ingest, inhale or such items were otherwise introduce into the human confiscated and/or body a dangerous drug in violation of seized, or his/her this Act; in which case, the representative or reglementary period of delivery is
Coast Guard Education and Training Command
Page 292
Maritime Security and Law Enforcement Manual s.2011
h. Possession Dangerous Drugs
counsel, a representative from of the media and the Department of Justice (DOJ), and any elected public official who shall be required to sign the copies of the inventory and be given a copy thereof
i. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs
j. Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings
k. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs During Parties, Social Gatherings or Meetings
l. Use Drugs
of
Dangerous
eighteen (18) hours upon detention
Persons lawfully arrested without a warrant of arrest and detained for committing any of the prohibited acts stated herein must be delivered to the proper judicial authority within the reglementary period of thirty six (36) hours upon detention to avoid prosecution for violation of Article 125 of the Revised Penal Code (Delay in 7. Within twenty-four the Delivery of Detained Persons to (24) hours upon the Proper Judicial Authorities) confiscation/seizure of dangerous drugs, Persons lawfully arrested without a plant sources of warrant of arrest and detained for dangerous drugs, committing any of the prohibited acts controlled precursors stated herein must be delivered to the and essential proper judicial authority within the chemicals, as well as reglementary period of eighteen instruments/parapher (18) hours upon detention to avoid nalia and/or prosecution for violation of Article 125 laboratory equipment, of the Revised Penal Code (Delay in the same shall be the Delivery of Detained Persons to submitted to the PDEA the Proper Judicial Authorities) Forensic Laboratory for a qualitative and Persons lawfully arrested without a quantitative warrant of arrest and detained for examination committing any of the prohibited acts stated herein must be delivered to the 8. A certification of proper judicial authority within the the forensic laboratory reglementary period of thirty six examination results, (36) hours upon detention to avoid which shall be done prosecution for violation of Article 125 under oath by the of the Revised Penal Code (Delay in forensic laboratory the Delivery of Detained Persons to examiner, shall be the Proper Judicial Authorities) issued within twentyfour (24) hours after Persons lawfully arrested without a the receipt of the warrant of arrest and detained for subject item/s: committing any of the prohibited acts Provided, That when stated herein must be delivered to the the volume of the proper judicial authority within the dangerous drugs, reglementary period of eighteen plant sources of (18) hours upon detention to avoid dangerous drugs, and prosecution for violation of Article 125 controlled precursors of the Revised Penal Code (Delay in and essential the Delivery of Detained Persons to chemicals does not the Proper Judicial Authorities) allow the completion of testing within the Persons lawfully arrested without a time frame, a partial warrant of arrest and detained for
Coast Guard Education and Training Command
Page 293
Maritime Security and Law Enforcement Manual s.2011 m. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof.
n. Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs and/or Controlled Precursors and Essential Chemicals
laboratory examination report shall be provisionally issued stating therein the quantities of dangerous drugs still to be examined by the forensic laboratory: Provided, however, That a final certification shall be issued on the completed forensic laboratory examination on the same within the next twenty-four (24) hours
committing any of the prohibited acts stated herein must be delivered to the proper judicial authority within the reglementary period of thirty six (36) hours upon detention to avoid prosecution for violation of Article 125 of the Revised Penal Code (Delay in the Delivery of Detained Persons to the Proper Judicial Authorities)
Persons lawfully arrested without a warrant of arrest and detained for committing any of the prohibited acts stated herein must be delivered to the proper judicial authority within the reglementary period of eighteen (18) hours upon detention to avoid prosecution for violation of Article 125 of the Revised Penal Code (Delay in 9. Submission of the Delivery of Detained Persons to Complaint/Affidavit the Proper Judicial Authorities) and other pertinent and Persons lawfully arrested without a o. Unnecessary documents to PDEA warrant of arrest and detained for Prescription of articles and/or to the committing any of the prohibited acts Dangerous Drugs Prosecutor having stated herein must be delivered to the p. Unlawful Prescription jurisdiction over the proper judicial authority within the of Dangerous Drugs case. reglementary period of thirty six (36) hours upon detention to avoid 10. Detain suspects prosecution for violation of Article 125 taking into of the Revised Penal Code (Delay in consideration the the Delivery of Detained Persons to periods covered in Art. the Proper Judicial Authorities) 125 of the Revised Penal Code. ILLUSTRATIVE CASE After receiving a reliable information that Dante Ong, a notorious drug smuggler, was arriving on Super Ferry Voyage No. SF 181, PNP Chief Inspector Samuel Gamboa formed a group of anti-drug agents. When Ong arrived at the pier 15, the group arrested him and seized his attaché case. Upon inspection inside the Immigration holding area, the attaché case yielded 5 plastic bags of heroin weighing 500 grams. Chief Inspector Gamboa took the attaché case and boarded him in an unmarked car driven by PO3 Pepito Lorbes. On the way to Camp Crame and upon nearing White Plains corner Edsa, Chief Inspector Gamboa ordered PO3 Lorbes to stop the car. They brought out the drugs from the case in the trunk and got 3 plastic sacks of heroin. They then told Ong to alight from the car. Ong left with the 2 remaining plastic sacks of heroin. Chief Inspector Gamboa advised him to keep silent and go home which the
Coast Guard Education and Training Command
Page 294
Maritime Security and Law Enforcement Manual s.2011 latter did. Unknown to them, a team of NBI agents had followed them and witnessed the transaction. They arrested Chief Inspector Gamboa and PO3 Lorbes. Meanwhile, another NBI team followed Ong and likewise arrested him. All of them were later charged. Chief Inspector Gamboa, PO3 Lorbes, and Dante Ong are criminally liable of illegal possession of dangerous drugs since dangerous drugs are found in their possession and control. Moreover, Gamboa and Lorbes are likewise guilty as accessories to the crime committed by Ong since they abused their public functions in allowing Ong to escape.
4.
FIREARMS LAW
CODIFYING THE LAWS ON ILLEGAL/UNLAWFUL POSSESSION, MANUFACTURE, DEALING IN, ACQUISITION OR DISPOSITION, OF FIREARMS, AMMUNITION OR EXPLOSIVES OR INSTRUMENTS USED IN THE MANUFACTURE OF FIREARMS, AMMUNITION OR EXPLOSIVES, AND IMPOSING STIFFER PENALTIES FOR CERTAIN VIOLATIONS THEREOF AND FOR RELEVANT PURPOSES as amended by RA 8294 Presidential Decree No.1866 Punishable Acts Procedure Reglementary Period 1. Unlawful manufacture, 1. Request presentation of necessary sale, acquisition, permits from the person caught in disposition or possession of firearms, ammunition or possession of firearms explosives as issued by FED, PNP or ammunition or instruments used or 2. Upon failure to present necessary intended to be used in permits, detain the offender the manufacture of firearms or 3. Confiscate the illegally/ unlawfully ammunition. possessed firearm, ammunition or
Coast Guard Education and Training Command
Persons lawfully arrested without a warrant of arrest and detained for committing any of the prohibited acts stated herein must be delivered to the proper judicial authority
Page 295
Maritime Security and Law Enforcement Manual s.2011 explosives
2. Unlawful manufacture, sale, acquisition, 4. Coordinate with the lead agency (PNP) disposition or possession of 5. Prepare the apprehension/ incident explosives report. 3. Tampering of firearm's
6. Turn over the violator and submit apprehension/incident report and the evidence gathered to the Office of the 4. Repacking or altering Prosecutor the composition of lawfully manufactured 7. Detain suspects taking into explosives consideration the periods covered in Art. 125 of the Revised Penal Code. serial number
within the reglementary period of eighteen (18) hours upon detention to avoid prosecution for violation of Article 125 of the Revised Penal Code (Delay in the Delivery of Detained Persons to the Proper Judicial Authorities)
Gun-trafficking is committed by any person who shall be caught in the possession, manufacture, dealing in, acquisition or disposition of firearms, ammunition or explosives onboard a vessel within the maritime jurisdiction of the Philippines without the necessary permits or clearances. ILLUSTRATIVE CASE a. Philippine authorities seized a Turkish ship at a port west of Manila on Thursday, foiling what officials said was an attempt to smuggle crates of automatic rifles and assorted military accessories. The ship‘s South African captain and his 13 crewmen, mostly Georgians, were arrested and have undergone questioning. The seizure came amid a police campaign to rid the country of unregistered firearms blamed for fueling crime, terrorism and insurgencies. The program is expected to recover only 3 percent of an estimated 1.1 million loose firearms—a realistic target in a country with ―cultural propensity‖ for gun possession. Philippine authorities inspect high-powered firearms seized on board the M/V Captain Shuck. The ship arrived at a port in western Bataan province, Mariveles town from Turkey via Indonesia. The ship was en route to the port of Batangas city, just south of Manila.
The Coast Guard, customs agent and PNP jointly
Coast Guard Education and Training Command
Page 296
Maritime Security and Law Enforcement Manual s.2011 inspected the vessel and discovered 50 Galil assault rifles and assorted military accessories hidden in five wooden crates. Another 10 empty wooden crates were found aboard the ship, prompting a search that was still ongoing late Thursday.
There were suspicions that the crewmen
could have thrown some of their illegal cargo off the ship. The ship was inspected amid suspicion it was carrying contraband. The Coast Guards were still investigating the incident but would file criminal charges against the ship‘s crew. They were still investigating who owned the ship. There was no statement from the Turkish authorities and no company immediately claimed ownership of the ship. b. On 21 August 2009, Coast Guard Units in Luzon were alerted and ordered to find MY (motor yacht) Mou Man Tai which is believed to have participation in gunrunning activities in Bataan. Earlier, joint teams of Bureau of Customs (BOC), PCG and local PNP seized high-powered firearms on board the vessel MV CAPTAIN UFUK that arrived at the anchorage area of the Port of Mariveles, Bataan. Found inside five wooden crates were 50 pieces of SS1-V1 Cal 5.56 A1 assault rifles that were made in Indonesia, 120 empty magazines and 45 bayonets. Fifteen other wooden crates believed to have contained firearms were already empty at the time of the search. M/V CAPT UFUK‘s skipper was also believed to have escaped on board the yacht. With this information on hand, all Coast Guard units were alerted to be on the lookout for MY Mou Man Tai. After five days of intense intelligence work and relentless patrols, PCG operatives nabbed MY Mou Man Tai Captain Derek Colin Gordon Neville and shortly after the vessel was spotted anchored in Puerto Galera in Occidental Mindoro. Neville admitted that his yacht was used by MV Capt Ufuk skipper Bruce Jones to depart from MV Captain UFUk.
Coast Guard Education and Training Command
Page 297
Maritime Security and Law Enforcement Manual s.2011 5. ANTI-PIRACY LAW Piracy is the robbery or forcible depredation on the high seas without lawful authority and done with animo lucrandi and in the spirit and intention of universal hostility (People vs. Lol-lo, et al., 43 Phil 19).
Elements
ANTI-PIRACY LAW OF 1974 (Presidential Decree No. 532) Procedure
Reglementary Period
1. The offense is 1. Conduct Surveillance/Monitoring of Persons committed in Philippine suspect vessels involved in piracy lawfully waters; (robbery) arrested without a 2. The offense is committed 2. Observe procedure on initial contact warrant of by any person, including with suspicious vessels arrest and a passenger or member detained for of the complement of 3. Apprehend the offender using committing any said vessel; reasonable force, whether caught in of the flagrante delicto or in hot pursuit prohibited acts 3. The offender shall attack stated herein or seize any vessel, or 4. Apprehend the offender using must be takes away the whole or reasonable force, whether caught in delivered to the part thereof; or flagrante delicto or in hot pursuit proper judicial authority within 4. The offender takes away 5. State the reason for the the the vessel‘s cargo, arrest/apprehension reglementary equipment, or the period of thirty personal 6. Gather prima facie evidence such as six (36) hours belongings of its weapons used to attack or seize the upon detention complement or vessel or its cargo to avoid passengers, irrespective prosecution for of the value thereof, 7. Prepare Affidavit of Arrest/Complaint violation of Article 125 of 5. The offense is committed 8. Upon receipt of reports, conduct the Revised by means of violence investigation or surveillance, blotter, Penal Code against or intimidation apprehend. (Delay in the of persons or force upon Delivery of things; 9. Submit inspection/apprehension report Detained before the Office of the Prosecutor for Persons to the 6. The offense is committed Inquest proceedings Proper Judicial with intent to gain. Authorities) 10. Detain suspects taking into consideration the periods covered in Art. 125 of the Revised Penal Code.
Coast Guard Education and Training Command
Page 298
Maritime Security and Law Enforcement Manual s.2011 RELEVANT PROVISION of the IRR of RA 9993 Rule 3 (k). To assist in the enforcement and maintenance of maritime security, prevention or suppression of terrorism at sea, and performance of law enforcement functions in accordance with pertinent laws, rules and regulations. ILLUSTRATIVE CASE M/V Olympus, a vessel of Philippine Registry, was hired to transport coffee beans from Batangas to Manila. While traversing Verde Island, a group of men, armed with high-powered firearms, fired a shot at the vessel and started boarding it. One of the men mauled the Captain of M/V Olympus and attacked some of its crew to prevent any form of resistance. The armed men took the personal belongings of the crew of the vessel and the sacks of coffee beans stored at the lower deck portion of M/V Olympus. Five nautical miles away, the Commanding Officer of MCS-3006 spotted M/V Olympus and took notice of the motor bancas beside it. MCS 3004 immediately changed its course to the direction of M/V Olympus to check on the said vessel. Upon seeing that Coast Guard elements were heading towards the direction of M/V Olympus, the armed men immediately went ashore. The CO of MCS 3006 and some of his men boarded M/V Olympus and inquired on what has transpired. Upon learning that M/V Olympus was attacked by bandits aboard the motor bancas, the CO of MCS 3006 immediately sent a message to the nearest Coast Guard District to coordinate the apprehension of the robbers. The CO of MCS 3006 immediately asked for the proper documentation (certificate of vessel registry) of M/V Olympus which the said vessel was able to provide. One of the Coast Guard personnel saw some of the sacks of coffee beans at the starboard side of M/V Olympus which were left by the armed men. The CO asked the Captain of M/V Olympus if the sacks of coffee beans were properly documented and went through customs procedure. The Captain of M/V Olympus was not able to present necessary documents such as the cargo manifest and customs clearances. Upon coordination with the Coast Guard District, another Coast Guard vessel, MCS 3007 was sent to chase the robbers of M/V Olympus.
At about 60 nautical miles
away from the Coast Guard District, the CO of MCS 3007 spotted motor bancas speeding up towards Batangas pier.
Coast Guard Education and Training Command
Page 299
Maritime Security and Law Enforcement Manual s.2011 6. HUMAN TRAFFICKING ANTI-TRAFFICKING IN PERSONS ACT OF 2003 (Republic Act 9208) Punishable Acts Procedure A. Acts of Trafficking in Persons (Section 4, RA 9208) 1) Any person, natural or juridical who: 2) recruit, transport, transfer, harbor, provide, or receive a person by any means, including those done under the pretext of domestic or overseas employment or training or apprenticeship, for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage 3) introduce or match for money, profit or material, economic or other consideration, any person or, as provided for under Republic Act No. 6955, any Filipino woman with a foreign national, for marriage for the purpose of acquiring, buying, offering, selling or trading him/her to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; 4) offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or trading them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary servitude or debt bondage; 5) undertake or organize tours and travel plans consisting tourism packages or activities for the purpose of utilizing and offering persons for prostitution, pornography or sexual exploitation; 6) maintain or hire a person to engage in prostitution or pornography; 7) adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; 8) traffics in person for the removal or sale of organs by:  by acts of recruitment, transportation, transfer, harboring, or receipt of persons;  by means of threat or use of force or other forms of coercion, abduction, fraud, deception, abuse of power or of position,
Coast Guard Education and Training Command
1. Commission of a crime/offense (i.e. human trafficking) 2. Observe procedure on initial contact with suspicious vessel, boarding and effect arrest and immediate search of the vessel 3. Tow or escort watercraft to the nearest Coast Guard Station or Detachment./ Detain the vessel. 4. Conduct inventory of illegal weapons if any. 5. List all the names, addresses and other personal circumstances of boat captain and crew and all possible witnesses. 6. Immediately in form the following, to wit: a. Inter-Agency Council Against Trafficking (IACAT) b. PNP/NBI c. LGU d. DSWD 7. Prepare and secure the following: a. joint affidavit/sworn statement of apprehending officer b. joint
Reglementar y Period
Persons lawfully arrested without a warrant of arrest and detained for committing any of the prohibited acts stated herein must be delivered to the proper judicial authority within the reglementary period of thirty six (36) hours upon detention to avoid prosecution for violation of Article 125 of the Revised Penal Code (Delay in the Delivery of Detained Persons to the Proper Judicial Authorities)
Page 300
Maritime Security and Law Enforcement Manual s.2011 taking advantage of the vulnerability of a affidavit/sworn person, or the giving or receiving of statement of payments or benefits to achieve the the crew of the consent of a person having control over apprehended another person; and watercraft  the acts and means mentioned under the c. inspection and above paragraphs must link to achieving apprehension the exploitative purpose of removal or sale (IAR) against of organs. the watercraft 9) recruit, transport or adopt a child to engage d. Seizure Receipt in armed activities in the Philippines or e. Complaintabroad affidavit together with B. Acts that Promote Trafficking in Persons the necessary (Section 5, RA 9208) supporting 1) Any person, natural or juridical who: documents. 2) knowingly lease or sublease, use or allow to 8. Submit use any house, building or establishment for aforementioned to the purpose of promoting trafficking in the ff: persons; a. Women and 3) produce, print and issue or distribute Children Complaint unissued, tampered or fake counseling Desk (WCCD) desk certificates, registration stickers and of PNP certificates of any government agency which b. Violence Against issues these certificates and stickers as Women and proof of compliance with government Children Division regulatory and pre-departure requirements (VAWCD) of the for the purpose of promoting trafficking in NBI persons; Turnover the 4) advertise, publish, print, broadcast or suspects to the distribute, or cause the advertisement, PNP/NBI. publication, printing, broadcasting or distribution by any means, including the use 9. Turnover the of information technology and the internet trafficked person to of any brochure, flyer, or any propaganda DSWD/local social material that promotes trafficking in welfare and persons; development 5) assist in the conduct of misrepresentation or officer. fraud for purposes of facilitating the 10. In case of acquisition of clearances and necessary exit unavailability of documents from government agencies that Prosecutor, detain are mandated to provide pre-departure in accordance with registration and services for departing Art 125, RPC persons for the purpose of promoting trafficking in persons; 6) facilitate, assist or help in the exit and entry of persons from/to the country at international and local airports, territorial boundaries and seaports who are in possession of unissued, tampered or fraudulent and travel documents for the purpose of promoting trafficking in persons;
Coast Guard Education and Training Command
Page 301
Maritime Security and Law Enforcement Manual s.2011 7) confiscate, conceal, or destroy the passport, travel documents, or personal documents or belongings of trafficked persons in furtherance of trafficking or to prevent them from leaving the country or seeking redress from the government or appropriate agencies; and 8) knowingly benefit from, financial or otherwise or make use of, the labor or services of a person held to a condition of involuntary servitude, forced labor , or slavery. C. Qualified Trafficking in Persons (Section 6, RA 9208) 1) When the trafficked person is a child; 2) When the adoption is effected through Republic Act No. 8043, otherwise known as the ―Inter-Country Adoption Act of 1995‖ and said adoption is for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; 3) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed by a syndicate if carried out by a group of three (3) or more persons conspiring or confederating with one another. It is deemed committed in large scale if committed against three (3) or more persons, individually or as a group; 4) When the offender is an ascendant, parent, sibling, guardian or a person who exercises authority over the trafficked person or when the offense is committed by a public officer or employee; 5) When the trafficked person is recruited to engage in prostitution with any member of the military or law enforcement agencies; 6) When the offender is a member of the military or law enforcement agencies; and 7) When by reason or on occasion of the act of trafficking in persons, the offended party dies, becomes insane, suffers mutilation or is afflicted with Human Immunodeficiency Virus HIV or the Acquired Immune Deficiency Syndrome (AIDS). D. Use of Trafficked Persons (Section 11, RA 9208) 1) Any person who buys or engages the services of trafficked persons for prostitution
Coast Guard Education and Training Command
Page 302
Maritime Security and Law Enforcement Manual s.2011 ILLUSTRATIVE CASE Three women who were rescued from a flesh trade in Malaysia on November 9, 2007 on board M/V Maharlika and repatriated to the Philippines on November 15, 2007 filed charges of illegal recruitment and human trafficking against their recruiter. The recruiter, Anita Timawa, was turned over to PNP for further investigation. While the unnamed Filipino women were turned over to DSWD for rehabilitation. In their complaint, the women recounted that a Filipina recruited them to work in Malaysia as waitresses. They said a Malaysian immigration officer facilitated their entry into Malaysia even without proper documents obtained from Philippine government agencies that regulate overseas employment. Once in Malaysia, they were force to provide sexual services to customers. They were not allowed to leave a house where they were confined. They claimed there are 40 other Filipinas in the sex den in Labuan and the recruiter is hiring more from the Philippines. 7.
ANTI-TERRORRISM LAW AN ACT TO SECURE THE STATE AND PROTECT OUR PEOPLE FROM TERRORISM otherwise known as the HUMAN SECURITY ACT OF 2007 (Republic Act No. 9372)
Elements 1. Commission of any of the following punishable acts under any of the following provisions of the Revised Penal Code:
HUMAN SECURITY ACT OF 2007 (Republic Act No. 9372) Procedure Reglementary Period 1. Conduct Surveillance/ Monitoring of suspected Terrorists‘ activities 2. Inform the AntiTerrorism Council (ATC) of any violation 3. Coordinate with the ATC and PNP in apprehending the
Coast Guard Education and Training Command
Period of Detention Without Judicial Warrant of Arrest. Sec.
18.
- The provisions of Article 125 of the Revised Penal Code to the contrary notwithstanding, any police or law enforcement personnel, who, having been duly authorized in writing by the Anti-Terrorism Council has taken custody of a person charged with or
Page 303
Maritime Security and Law Enforcement Manual s.2011 a. Article 122,
(Piracy in General and Mutiny in the High Seas or in the Philippine Waters);
b. Article 134,
(Rebellion or Insurrection);
c. Article 134-a,
(Coup d' Etat),
including acts committed by private persons; d. Article 248, (Murder); e. Article 267,
(Kidnapping and Serious Illegal Detention);
f. Article 324,
(Crimes Involving Destruction),
or under: g. Presidential Decree No. 1613, (The
Law on Arson);
h. Republic Act No. 6969, (Toxic
Substances and Hazardous and Nuclear Waste Control Act of 1990);
i. Republic Act No. 5207, (Atomic
Energy Regulatory and Liability Act of 1968);
j. Republic Act No. 6235, (AntiHijacking Law); k. Presidential Decree No. 532, (Anti-Piracy and Anti-Highway Robbery Law of
offender using reasonable force, whether caught in flagrante delicto or in hot pursuit 4. The moment a person charged with or suspected of the crime of terrorism or the crime of conspiracy to commit terrorism is apprehended or arrested and detained, he shall forthwith be informed, by the arresting police or law enforcement officers or by the police or law enforcement officers to whose custody the person concerned is brought, of his or her right as prescribed under Sec. 21 of R.A. 9372 5. The police or law enforcement personnel concerned shall, before detaining the person suspected of the crime of terrorism, present him or her before any judge at the latter's residence or office nearest the place where the arrest took place at any time of the day or night 6. Immediately after taking custody of a person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism, the police or law enforcement personnel shall notify in writing the judge of the court nearest the place of apprehension or arrest: Provided, That where the arrest is made during Saturdays, Sundays, holidays or after office hours, the written notice shall be served at the residence of the judge nearest the place where
Coast Guard Education and Training Command
suspected of the crime of terrorism or the crime of conspiracy to commit terrorism shall, without incurring any criminal liability for delay in the delivery of detained persons to the proper judicial authorities, deliver said charged or suspected person to the proper judicial authority within a period of three days counted from the moment the said charged or suspected person has been apprehended or arrested, detained, and taken into custody by the said police, or law enforcement personnel: Provided, That the arrest of those suspected of the crime of terrorism or conspiracy to commit terrorism must result from the surveillance under Sec. 7 and examination of bank deposits under Sec. 27 of this Act. The police or law enforcement personnel concerned shall, before detaining the person suspected of the crime of terrorism, present him or her before any judge at the latter's residence or office nearest the place where the arrest took place at any time of the day or night. It shall be the duty of the judge, among other things, to ascertain the identity of the police or law enforcement personnel and the person or persons they have arrested and presented before him or her, to inquire of them the reasons why they have arrested the person and determine by questioning and personal observation whether or not the suspect has been subjected to any physical, moral or psychological torture by whom and why. The judge shall then submit a written report of what he/she had observed when the subject was brought before him to the proper court that has jurisdiction over the case of the person thus arrested. The judge shall forthwith submit his/her report within three calendar days from the time the suspect was brought to his/her residence or office. Immediately after taking custody of a person charged with or suspected of the crime of terrorism or conspiracy to commit terrorism, the police or law
Page 304
Maritime Security and Law Enforcement Manual s.2011 1974); and l. Presidential Decree No. 1866, as amended
(Decree Codifying the Laws on Illegal and Unlawful Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms, Ammunitions or Explosives) 2. The commission of above-mentioned punishable acts results to sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the government to give in to an unlawful demand. Any person who commits this/these afore-stated crime/s shall be guilty of terrorism. 3. Commission of aforementioned acts on board a vessel within the maritime jurisdiction of the Philippines.
the accused was arrested. 7. In the event of an actual or imminent terrorist attack, suspects may not be detained for more than three days without the written approval of a municipal, city, provincial or regional official of a Human Rights Commission or judge of the municipal, regional trial court, the Sandiganbayan or a justice of the Court of Appeals nearest the place of the arrest. If the arrest is made during Saturdays, Sundays, holidays or after office hours, the arresting police or law enforcement personnel shall bring the person thus arrested to the residence of any of the officials mentioned above that is nearest the place where the accused was arrested. The approval in writing of any of the said officials shall be secured by the police or law enforcement personnel concerned within five days after the date of the detention of the persons concerned: Provided, however, That within three days after the detention the suspects, whose connection with the terror attack or threat is not established, shall be released immediately. 8. Submission of Complaint/Affidavit and other pertinent documents and articles to the ATC
Coast Guard Education and Training Command
enforcement personnel shall notify in writing the judge of the court nearest the place of apprehension or arrest: Provided ,That where the arrest is made during Saturdays, Sundays, holidays or after office hours, the written notice shall be served at the residence of the judge nearest the place where the accused was arrested. The penalty of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed upon the police or law enforcement personnel who fails to notify and judge as Provided in the preceding paragraph. Sec. 19. Period of Detention in the
Event of an Actual or Imminent Terrorist Attack. - In the event of an
actual or imminent terrorist attack, suspects may not be detained for more than three days without the written approval of a municipal, city, provincial or regional official of a Human Rights Commission or judge of the municipal, regional trial court, the Sandiganbayan or a justice of the Court of Appeals nearest the place of the arrest. If the arrest is made during Saturdays, Sundays, holidays or after office hours, the arresting police or law enforcement personnel shall bring the person thus arrested to the residence of any of the officials mentioned above that is nearest the place where the accused was arrested. The approval in writing of any of the said officials shall be secured by the police or law enforcement personnel concerned within five days after the date of the detention of the persons concerned: Provided, however, That within three days after the detention the suspects, whose connection with the terror attack or threat is not established, shall be released immediately
Page 305
Maritime Security and Law Enforcement Manual s.2011 ILLUSTRATIVE CASE A man named Rendo Cain Delloso, a Rajah Sulaiman Movement member planted a bomb, triggered by a timing device on board Super Ferry 14 on 24 February 2004, for the guerrilla group Abu Sayyaf. He held a ticket on the ferry for bunk 51D where the bomb was placed and disembarked before the ship‘s departure. The 2004 Super Ferry bombing on February 27, 2004, was an Islamic terrorist attack that resulted in the sinking of the ferry and the deaths of 116 people in the Philippines‘ deadliest terrorist attack at sea. Six children less than five years old and nine children between six and sixteen years of age were among the dead or missing, including six students on a championship team sent by schools in Northern Mindanao to compete in a journalism contest. Despite claims from various terrorist groups, the blast was initially thought to have been an accident, caused by a gas explosion, and sabotage was ruled out initially. However, Philippine media reports have stated that a safety supervisor with the ship‘s owner, WG&A, testified that about 150 survivors told him that an explosion took place in the tourist section around the general area of bunk 51. Five months after the ferry sank, divers found an evidence of a bomb blast.
8.
FIRECRACKERS LAW
AN ACT REGULATING THE SALE, MANUFACTURE, DISTRIBUTION AND USE OF FIRECRACKERS AND OTHER PYROTECHNIC DEVICES (Republic Act No. 7183) Prohibited Acts Procedure Reglementary Period a. The manufacture, sale, 1. Conduct inspection of certificates Persons lawfully distribution and use of other or permits issued by the Firearms arrested without types of firecrackers and and Explosives Unit, PNP a warrant of pyrotechnic devices not arrest and mentioned in Section 2 of R.A. 2. If failed to present necessary detained for 7183, of such explosive content documents, immediately coordinate committing any that could endanger life and limb, with the PNP of the prohibited such as atomic big triangulo and acts stated super lolo and their equivalent 3. Effect search, seizure, arrest and herein must be are hereby prohibited. if necessary, detain the vessel until delivered to the Determination of what constitutes compliance with PNP requirements proper judicial prohibited firecrackers and authority within pyrotechnic devices shall be 4. In coordination with PNP officer, the vested with the Director-General seize prohibited articles reglementary of the Philippine National Police period of (PNP). 5. Prepare inspection/apprehension eighteen (18) report hours upon b. The importation of finished detention to firecrackers and fireworks shall 6. Submit inspection/apprehension avoid be prohibited. report to PNP officer and turn-over prosecution for seized articles violation of
Coast Guard Education and Training Command
Page 306
Maritime Security and Law Enforcement Manual s.2011 c. Failure by the manufacturers to present proper documents from the Firearms and Explosives Unit, PNP which are necessary to import chemicals or explosive ingredients used in the manufacture of firecrackers and pyrotechnic devices.
7. Submit detailed written report and details of apprehension to the Fiscal with pertinent documents and evidence gathered. In case of unavailability of Prosecutor, detain according to ART 125 of the Revised Penal Code
Article 125 of the Revised Penal Code (Delay in the Delivery of Detained Persons to the Proper Judicial Authorities)
ILLUSTRATIVE CASE Mr. Go was carrying three (3) boxes full of different kinds of firecrackers when he rode the APA Bus going to Calapan (Mindoro). The APA Bus boarded a Starlite Navigator roll-on-roll-off (RORO) vessel. A Philippine Coast Guard‘s K-9 unit conducted inspection on the baggages of the passengers bound for Calapan. The K-9 unit detected the explosives aboard the bus. Thus, the PCG intercepted an attempt to smuggle firecrackers from Batangas to Mindoro in violation of Sec. 6 of R.A. 7183 which prohibits the importation of finished firecrackers and fireworks.
9.
LAGUNA LAKE DEVELOPMENT AUTHORITY ACT OF 1996 (RA 4850) Laguna Lake or Lake- whenever Laguna Lake or lake is used in this Act, the same shall refer to Laguna de Bay which is that area covered by the lake water when it is at the average annual maximum lake level of elevation 12.50 meters, as referred to a datum 10.00 meters below mean lower low water (M.L.L.W.). Lands located at and below such elevation are public lands which form part of the bed of said lake.
LAGUNA LAKE DEVELOPMENT AUTHORITY ACT OF 1996 Republic Act No. 4850 Prohibited Acts Procedure Reglementary Period 1. Implementation of plans, programs, and projects not 1. Require Persons lawfully in consonance with those of the Authority or that presentation arrested without a those which will contribute to the unmanageable of necessary warrant of arrest pollution of the Laguna Lake waters or will bring permits and detained for about the ecological imbalance of the region. from the committing any of Laguna the prohibited acts stated herein 2. Use of the lake waters for any projects or activities Lake in or affecting the said lake including navigation, Developmen must be delivered to the proper construction, and operation of fishpens, fish t Authority judicial authority enclosures, fish corrals and the like without permits 2. Fill up within the from the Authority inspection/a reglementary of 3. Failure to meet water quality standards for pprehension period eighteen (18) industrial, agricultural and municipal waste report hours upon
Coast Guard Education and Training Command
Page 307
Maritime Security and Law Enforcement Manual s.2011 discharges into the lake. 4. Commission of such other wrongful act or omission of a person, private or public, juridical or otherwise at the lake or Laguna de Bay which is that area covered by the lake water when it is at the average annual maximum lake level of elevation 12.50 meters, as referred to a datum 10.00 meters below mean lower low water (M.L.L.W.). Lands located at and below such elevation are public lands which form part of the bed of said lake. ILLUSTRATIVE CASE
3. Coordinate with LLDA for the institution of appropriate legal proceeding.
detention to avoid prosecution for violation of Article 125 of the Revised Penal Code (Delay in the Delivery of Detained Persons to the Proper Judicial Authorities)
A small community started putting up fish pens along Laguna Lake. Upon inquiry by the CG elements it was found out that the head of the community did not secure permit from the LLDA. The CG elements initiated actions with the LLDA against the community for the removal of the fishing pens.
C. REVISED PENAL CODE Basic Penal Laws Concepts Criminal law is that branch of public substantive law which defines crimes, treats of their nature, and provides for their punishment. In the Philippines, basic is the principle that an act cannot be punished unless there is a law that punishes it. Hence, only those acts covered by the Revised Penal Code and other special penal laws enacted by Congress can be considered criminal acts. The primary source of penal laws in the country is Act No. 3815 otherwise known as the Revised Penal Code (RPC). Acts and omissions punishable under the RPC are called ―felonies‖ while those punished by special laws are called ―crimes‖. Violations of the RPC are referred to as malum in se, which literally means that the act is inherently evil or bad. On the other hand, violations of special laws are generally referred to as malum prohibitum or an act that is wrong because there is a law prohibiting it. The criminal acts, therefore, are not inherently immoral but become punishable only because the law says they are forbidden. In crimes punished under the Revised Penal Code, the moral trait of the offender is considered hence liability only arises when there is criminal intent or criminal negligence. In crimes punishable under special laws, the moral trait is not considered hence it is sufficient that the prohibited act is voluntarily done. With these crimes, the sole issue is whether the law has been violated. Criminal intent is not necessary where the acts are prohibited for reasons of public policy.
Coast Guard Education and Training Command
Page 308
Maritime Security and Law Enforcement Manual s.2011 Our penal laws, the Revised Penal Code in particular, observe the three cardinal principles of (a) generality, (b) prospectivity and (c) territoriality. Generality of laws dictates that penal laws applies to all persons who commit felonies in Philippine territory, regardless of nationality, gender, age or other personal circumstances subject to established exceptions such as treaty stipulations, laws of preferential application and principles of public international law. The principles of Prospectivity of laws provide that a penal law has no retroactive effect unless its provisions would be favorable to the accused who is not a habitual delinquent. While Territoriality of laws principle prescribe that penal laws apply to all offenses committed within Philippine Territory. In the Philippines, criminal acts and omissions are punished based on the stages of execution of the felony/crime committed. Article 6 of the Revised Penal Code defines these stages of execution as either consummated, frustrated and attempted. A felony is consummated when all the elements necessary for its execution and accomplishment are present. It is frustrated when the offender performs all the acts of execution which would produce the felony as a consequence but which, nevertheless, do not produce it by reason of causes independent of the will of the perpetrator. There is an attempt when the offender commences the commission of a felony directly by overt acts, and does not perform all the acts of execution which should produce the felony by reason of some cause or accident other than his own spontaneous desistance. Worthy to note that criminal laws punish consummated, frustrated and attempted felonies/crimes.
Elements of Crimes, Reglementary Period for Filing and Illustrative Cases 1. ART. 122- PIRACY IN GENERAL & MUTINY ON THE HIGH SEAS ART. 122- PIRACY IN GENERAL & MUTINY ON THE HIGH SEAS Punishable Acts / Elements 1. That a vessel is on the high seas or on Philippine waters
Important Points Piracy is a crime not against any particular state but against all mankind. It may be punished in the competent tribunal of any
Coast Guard Education and Training Command
Reglementary Period Persons lawfully arrested without a warrant of arrest and detained for
Page 309
Maritime Security and Law Enforcement Manual s.2011 2. That the offenders are not members of its complement or passengers of the vessel 3. That the offenders a. attack or seize the vessel; or b. seize the whole or part of the cargo of said vessel, its equipment or personal belongings of its compliment or passengers
country where the offender may committing any of the be found or into which he may be prohibited acts stated carried. herein must be delivered to the Qualified Piracy exists: proper judicial 1. Whenever the offenders have authority within the seized the vessel by boarding reglementary period or firing upon the same of thirty six (36) hours upon detention 2. Whenever the pirates have to avoid prosecution abandoned their victims for violation of Article without means of saving 125 of the Revised themselves Penal Code (Delay in the Delivery of 3. Whenever the crime is Detained Persons to accompanied by murder, the Proper Judicial homicide, physical injuries, or Authorities) rape
ILLUSTRATIVE CASE G.R. No. 111709, August 30, 2001 PEOPLE OF THE PHILIPPINES vs. ROGER P. TULIN, VIRGILIO I. LOYOLA, CECILIO O. CHANGCO, ANDRES C. INFANTE, CHEONG SAN HIONG, and JOHN DOES
FACTS: "M/T Tabangao," was sailing off the coast of Mindoro near Silonay Island. The vessel, manned by 21 crew members, was suddenly boarded, with the use of an aluminum ladder, by seven fully armed pirates. The pirates were armed with M-16 rifles, .45 and .38 caliber handguns, and bolos. They detained the crew and took complete control of the vessel. Thereafter, the vessel was painted with the name "Galilee," with registry at San Lorenzo, Honduras and its crew was forced to sail to Singapore.
ISSUE: Whether or not herein accused can be convicted of piracy even the attack and seizure of the subject vessel was committed in Philippine waters.
HELD: Yes. Although Article 122 of the Revised Penal Code, before its amendment, provided that piracy must be committed on the high seas by any person not a member of its complement nor a passenger thereof, the coverage of the pertinent provision was widened to include offenses committed "in Philippine waters‖ by RA 7659. Hence, the
Coast Guard Education and Training Command
Page 310
Maritime Security and Law Enforcement Manual s.2011 coverage of the law on piracy embraces any person including "a passenger or member of the complement of said vessel in Philippine waters." Hence, passenger or not, a member of the complement or not, any person is covered by the law.
2. ART. 148- DIRECT ASSAULT ART. 148- DIRECT ASSAULT Punishable Acts / Elements 1. Direct Assault: a) That the offender employs force or intimidation.
Important Points
Persons
in authority - any person directly vested with jurisdiction, whether as an individual or as a member of some court or governmental corporation, board, or commission, shall be deemed a person in authority. (i.e. barrio captain and barangay chairman)
b) That the aim of the offender is to attain any of the purposes of the crime of rebellion or any of the objects of the crime of sedition. Agents of persons in authority be deemed as such. person c) That there is no public who, by direct provision of law uprising or by election or by appointment by competent authority, is 2. Direct Assault is also committed charged with the maintenance of public order and the under the ff. circumstances: protection and security of life and property (i.e. barrio a. That the offender councilman, barrio policeman i) Makes an attack, and barangay leader and any ii) Employs force, iii) Makes a serious person who comes to the aid of persons in authority) intimidation, or iv) Makes a serious resistance ―Knowledge of the accused that the victim is a PA or APA is essential.‖ b. That the person assaulted is a person in authority or his An ―attack‖ is any offensive agent. or antagonistic movement or action of any kind. c. That at the time of the assault the person in If the offended party is only authority or his agent an APA, force employed i) Is engaged in the actual must be of a serious performance of official character, indicates duties, or determination to defy the ii) That he is assaulted by law and its representative. If reason of his past the offended party is PA, performance of his official employed force need not be duties. serious.
Coast Guard Education and Training Command
Reglementary Period Persons lawfully arrested without a warrant of arrest and detained for committing any of the prohibited acts stated herein must be delivered to the proper judicial authority within the reglementary period of eighteen (18) hours upon detention to avoid prosecution for violation of Article 125 of the Revised Penal Code (Delay in the Delivery of Detained Persons to the Proper Judicial Authorities)
Page 311
Maritime Security and Law Enforcement Manual s.2011 d. That the offender knows that the one he is assaulting is a person in authority or his agent in the exercise of his duties.
Teachers, professors, and persons in charge with the supervision of public or duly recognized private schools, colleges and universities e. That there is no public shall be deemed persons in uprising. authority, in applying Arts. 148 and 151. TWO KINDS OF DIRECT ASSAULT OF THE SECOND FORM: 1. Simple assault 2. Qualified assault
DIRECT ASSAULT IS QUALIFIED WHEN: 1. Committed with a weapon 2. Offender is a public officer or employee 3. Offender lays hands upon a person in authority
ILLUSTRATIVE CASE ENRIQUE "TOTOY" RIVERA Y DE GUZMAN vs. PEOPLE OF THE PHILIPPINES (G.R. No. 138553, June 30, 2005) FACTS: Police Inspector Edward M. Leygo was conducting routinary patrol on board a police car when he came upon a truck unloading sacks of chicken dung at the stall of accused. Inspector Leygo advised the driver to stop unloading the manure as it violates a municipal ordinance which prohibits, among others, the loading and unloading of chicken manure along the sidewalks. The driver complied with the police directive but the accused ordered the driver not to obey the policemen but instead obey him, as he (accused) was the boss. Inspector Leygo then asked the accused why he insisted on defying the ban on the unloading and loading of chicken manure. Instead of answering however, the accused pointed a finger on the policeman and uttered words like "Babalian kita ng buto" (I‘ll break your bones). "Ilalampaso kita" (I‘ll scrub you). "Pulis lang kayo" (you are only policemen) and other unsavory and insulting words. Inspector Leygo who was a little bit angry warned the accused to stop uttering further insulting words and cautioned him to take it easy and then informed him that he was being arrested for violation of the chicken dung ordinance. The accused removed his jacket, placed it inside the vehicle, assumed a fighting stance and challenged the policeman. Inspector Leygo then approached the accused and warned him anew that he was being arrested. The accused responded by punching Inspector Leygo on his face, particularly on his lip.
Coast Guard Education and Training Command
Page 312
Maritime Security and Law Enforcement Manual s.2011 ISSUE: Whether or not the accused is guilty of direct assault. HELD: Yes. Direct assault, a crime against public order, may be committed in two ways: first, by any person or persons who, without a public uprising, shall employ force or intimidation for the attainment of any of the purposes enumerated in defining the crimes of rebellion and sedition; and second, by any person or persons who, without a public uprising, shall attack, employ force, or seriously intimidate or resist any person in authority or any of his agents, while engaged in the performance of official duties, or on occasion of such performance. Unquestionably, the case falls under the second mode, which is the more common form of assault and is aggravated when: (a) the assault is committed with a weapon; or (b) when the offender is a public officer or employee; or (c) when the offender lays hand upon a person in authority.
3. ART. 149- INDIRECT ASSAULT ART. 149- INDIRECT ASSAULT Punishable Acts / Elements
Important Points
1. That a person in authority or an agent of a person in authority is the victim of any of the forms of direct assault defined in Art. 148
Indirect assault can be committed only when a direct assault is also 2. That a person comes to the aid committed. of the APA 3. That the offender makes use of force or intimidation upon such person coming to the aid of the APA
Reglementary Period Persons lawfully arrested without a warrant of arrest and detained for committing any of the prohibited acts stated herein must be delivered to the proper judicial authority within the reglementary period of eighteen (18) hours upon detention to avoid prosecution for violation of Article 125 of the Revised Penal Code (Delay in the Delivery of Detained Persons to the Proper Judicial Authorities)
ILLUSTRATIVE CASE Facts: PO3 Pineda, PCG, apprehended two fishermen found in possession of dynamites and other explosives used for fishing. However, instead of yielding to the authority, the two
Coast Guard Education and Training Command
Page 313
Maritime Security and Law Enforcement Manual s.2011 fishermen mugged PO3 Pineda. Having witnessed the incident, a bystander came to the rescue of PO3 Pineda but he was likewise beaten by the two fishermen. Issue: What crime was committed against the bystander? Held: Indirect assault. In the given situation, the bystander comes to the aid of PO3 Pineda, a person in authority who was a victim of direct assault. The use of force and intimidation by the two fishermen against the bystander who comes to the aid of PO3 Pineda consummated the crime of indirect assault.
4. ART. 151- RESISTANCE & DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENTS OF SUCH PERSON ART. 151- RESISTANCE & DISOBEDIENCE TO A PERSON IN AUTHORITY OR THE AGENTS OF SUCH PERSON Important Punishable Acts / Elements Reglementary Period Points 1. That a person in authority or The accused Persons lawfully arrested without a his agent is engaged in the must have warrant of arrest and detained for performance of official duty or knowledge committing any of the prohibited gives a lawful order to the that the person acts stated herein must be offender giving the delivered to the proper judicial order is a authority within the reglementary 2. That the offender resists or peace officer. period of eighteen (18) hours seriously disobeys such person upon detention to avoid prosecution in authority or his agent for violation of Article 125 of the Revised Penal Code (Delay in the 3. That the act of the offender is Delivery of Detained Persons to the not included in the provisions of Proper Judicial Authorities) Arts. 148-150 SIMPLE DISOBEDIENCE Persons lawfully arrested without a 1. That an agent of a person in warrant of arrest and detained for authority is engaged in the committing any of the prohibited performance of official duty or acts stated herein must be gives a lawful order to the delivered to the proper judicial offender; authority within the reglementary period of twelve (12) hours upon 2. That the offender disobeys detention to avoid prosecution for such agent; violation of Article 125 of the Revised Penal Code (Delay in the 3. That such disobedience is not Delivery of Detained Persons to the of a serious nature. Proper Judicial Authorities)
Coast Guard Education and Training Command
Page 314
Maritime Security and Law Enforcement Manual s.2011 Direct assault distinguished from resistance or serious disobedience DIRECT ASSAULT RESISTANCE The PA or APA must be engaged in the performance of Only in actual performance of official duties or that he is assaulted by reason thereof. duties. There is force employed.
Use of force is not so serious.
ILLUSTRATIVE CASE Facts: During the conduct of their patrolling, SN1 Ada PCG and his team encountered a couple of men loading wildlife animals of different kinds into their vessel. SN1 Ada‘s team then introduced themselves to the men and inquired if they possess the necessary permits for the wildlife animals in their possession but the latter failed to present any. SN1 Ada then ordered the men to submit themselves and their vessel for inspection but they refused and blocked the patrol team from further entering their vessel. Issue: What crimes were committed? Held: Violation of RA 9157 (Wildlife Resources Conservation and Protection Act) and Resistance and Serious Disobedience. Possession of wildlife animals without the necessary permit is prohibited by RA 9157. Likewise, the men‘s refusal to submit themselves and their vessel to inspection, a lawful order from the patrol team, by blocking the vessel‘s entry manifest serious disobedience as the same cannot be treated as direct assault or indirect assault of a person in authority or his agent.
5. ART. 153- TUMULTS & OTHER DISTURBANCES OF PUBLIC ORDER ART. 153- TUMULTS & OTHER DISTURBANCES OF PUBLIC ORDER Important Points 1. Causing any serious disturbance in Serious a public place, office or disturbance establishment. must be planned or 2. Interrupting or disturbing public intended performances, functions or gatherings, or peaceful meetings, Outcry – to if the act is not included in Arts. shout 131-132. spontaneously Punishable Acts / Elements
Coast Guard Education and Training Command
Reglementary Period Persons lawfully arrested without a warrant of arrest and detained for committing any of the prohibited acts stated herein must be delivered to the proper judicial authority within the reglementary period of eighteen (18) hours upon detention to avoid prosecution
Page 315
Maritime Security and Law Enforcement Manual s.2011 3. Making an outcry tending to incite rebellion or sedition in any meeting, association or public place 4. Displaying placards or emblems which provoke a disturbance of public order in such place 5. Burying with pomp the body of a person who has been legally executed
subversive or provocative words tending to stir up the people so as to obtain by means of force or violence any of the objects of rebellion or sedition
for violation of Article 125 of the Revised Penal Code (Delay in the Delivery of Detained Persons to the Proper Judicial Authorities) Except herein last paragraph since the reglementary period to deliver the detained person to the proper judicial authority is twelve (12) hours upon detention
ILLUSTRATIVE CASE Facts: While enroute the waters from Mindoro to Batangas, Nognog, a passenger of M/V Selloria decided to make a prank by shouting in fear that he saw the galley of the vessel is on fire and that the same is about to sink. Upon hearing Nognog, all passengers of the vessel panicked and were only subdued after almost an hour. Issue: What crime did Nognog commit? Held: By causing panic and alarm to the passengers of M/V Selloria, Nognog committed serious disturbance in a public place which constitutes the crime of Tumults and Disturbance of Public Order under Art. 153 of the Revised Penal Code. 6. ART. 155- ALARMS & SCANDALS ART. 155- ALARMS & SCANDALS Punishable Acts / Elements
Important Points
PUNISHABLE ACTS: 1. Discharging any firearm, rocket, firecracker, or other explosive within any town or public place, calculated to cause alarm or danger (should not be aimed at a person otherwise illegal discharge of firearm under Art. 254) 2. Instigating or taking an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility 3. Disturbing
the
public
peace
while
If the disturbance is of a serious nature, the case will fall under Art. 153 Charivari - includes a medley of discordant voices, a mock serenade of discordant noises made on kettles, tin, horns, etc. designed to annoy or insult
Coast Guard Education and Training Command
Reglementary Period Persons lawfully arrested without a warrant of arrest and detained for committing any of the prohibited acts stated herein must be delivered to the proper judicial authority within the reglementary period of twelve (12) hours upon
Page 316
Maritime Security and Law Enforcement Manual s.2011 wandering about at night or while engaged in any other nocturnal The reason for amusements punishing instigating or taking active part in 4. Causing any disturbance or scandal in charivari and other public places while intoxicated or disorderly meeting is otherwise, provided Art. 153 is not to prevent more applicable serious disorders.
detention to avoid prosecution for violation of Article 125 of the Revised Penal Code (Delay in the Delivery of Detained Persons to the Proper Judicial Authorities)
ILLUSTRATIVE CASE Agnes and Bernardo, both PCG personnel, went inside a bar along the Farola compound which is a public place. While inside the bar, Bernardo and Agnes engaged in a lovers‘ quarrel and Bernardo started throwing bottles of beer and breaking glasses. The Barangay Tanod asked for the assistance of Abraham the duty gangway to pacify Bernardo. The act committed by Bernardo constitutes Alarms and Scandal. 5. ART. 172 - FALSIFICATION BY PRIVATE INDIVIDUALS AND USE OF FALSIFIED DOCUMENTS ART. 172 - FALSIFICATION BY PRIVATE INDIVIDUALS AND USE OF FALSIFIED DOCUMENTS Important ReglemenPunishable Acts / Elements tary Period Points Acts Punished: 1. Falsification of public, official or commercial document The possessor Persons by a private individual of a falsified lawfully document is arrested ELEMENTS: presumed to without a a. The offender is a private individual or a public be the author warrant of officer or employee who did not take advantage of the arrest and of his official position detained falsification. b. That he committed any of the acts of falsification for enumerated in Art.171 In falsification committing c. That the falsification was committed in a public or of public or any of the official or commercial document prohibited official documents, acts stated 2. Falsification of private document by any person whether by herein ELEMENTS: be public officials must a. That the offender committed any of the acts of or by private delivered falsification except those in par. 7, enumerated in the persons, it is to Art.171. not necessary proper b. That the falsification was committed in a private that there be judicial document. present the authority c. That the falsification caused damage to a third idea of gain within the party or at least the falsification was committed or the intent reglementa with the intent to cause damage to cause ry period of damage to a eighteen Use in any other transactionthird person, (18) a. That the offender knew that the document was for the reason hours
Coast Guard Education and Training Command
Page 317
Maritime Security and Law Enforcement Manual s.2011 falsified by another person b. that the false document was embraced in Art. 171 or in any of subdivision No. 1 or 2 of Art. 172 c. that he used such document (not in judicial proceeding) d. that the use of the false document caused damage to another or at least it was used with intent to cause damage. DIFFERENT MODES OF FALSIFYING A DOCUMENT: A. COUNTERFEITING OR IMITATING HANDWRITING, SIGNATURE OR RUBRIC
ANY
REQUISITES: 1. That there be an intent to imitate or an attempt to imitate 2. The two signature or handwriting, the genuine and the forged bear some resemblance to each other
that, in contradistincti on to private documents, the principal thing punished is the violation of the public faith and the destruction of the truth as therein solemnly proclaimed. (People vs. Pacana, 47 Phil. 56).
upon detention to avoid prosecution for violation of Article 125 of the Revised Penal Code (Delay in the Delivery of Detained Persons to the Proper Judicial Authorities)
B. CAUSING IT TO APPEAR THAT PERSONS HAVE PARTICIPATED IN AN ACT OR PROCEEDING REQUISITES: 1. that the offender caused it to appear in a document that a person or persons participated in an act or proceeding 2. that such persons did not in fact so participate in the action proceeding C. ATTRIBUTING TO PERSONS WHO HAVE PARTICIPATED IN ANY ACT OR PROCEEDING STATEMENTS OTHER THAN THOSE IN FACT MADE BY THEM REQUISITES: 1. that persons participated in an act or proceeding 2. that such person or persons made statements in that act or proceeding 3. that the offender in making a document, PUBLIC attributed to such person, statements other than DOCUMENT – a document those in fact made by such person. created, executed or D. MAKING UNTRUTHFUL STATEMENTS IN A issued by a NARRATION OF FACTS public official in REQUISITES: response to the 1. That the offender makes in a document exigencies of the statements in a narration of facts public service, or 2. That he has the legal obligation to disclose the in the execution truth of the facts narrated by him of which a public 3. That the facts narrated by the offender are official absolutely false intervened. 4. That the perversion of truth in the narration of
Coast Guard Education and Training Command
Page 318
Maritime Security and Law Enforcement Manual s.2011 facts was made with the wrongful intent of injuring a third person E. ALTERING TRUE DATES F. MAKING ALTERATION GENUINE DOCUMENT MEANING
OR INTERCALATION IN WHICH CHANGES ITS
REQUISITES: 1. That there be an alteration or intercalation (insertion) on a document 2. That it was made on a genuine document 3. That the alteration and intercalation has changed the meaning of the document 4. That the change made the document speak something false G. ISSUING IN AN AUTHENTICATED FORM A DOCUMENT PURPORTING TO BE A COPY OF AN ORIGINAL DOCUMENT WHEN NO SUCH ORIGINAL EXIST OR INCLUDING IN SUCH A COPY A STATEMENT CONTRARY TO OR DIFFERENT FROM THAT OF THE GENUINE ORIGINAL H. INTERCALATING ANY INSTRUMENT OR NOTE RELATIVE TO THE ISSUANCE IN A PROTOCOL, REGISTRY OR OFFICIAL BOOK ILLUSTRATIVE CASE Facts: During an investigation, CPO Preciados PCG noticed an alteration in the Tonnage Measurement Certificate of M/V Penalba making it appear that the said vessel can contain a load more than double of that approved by MARINA. Upon inquiry, the captain of the ship declared that despite the alteration in the certificate, the vessel never carried a load more than that is approved by MARINA. Issue: What crime was committed? Held: Falsification of a Public Document by a Private Individual was committed under the circumstances. Mere alteration in a genuine document that changes its meaning is already an act of falsification. In the instant situation, the alteration made in the Tonnage Measurement Certificate, a public document, made it appear that M/V Penalba can contain a load more than double of what it could actually carry, thereby changing the meaning of the genuine document. The reason given by the vessel‘s
Coast Guard Education and Training Command
Page 319
Maritime Security and Law Enforcement Manual s.2011 captain does not stand as the falsification of a public document by a private individual does not require that such falsification cause damage to a third person. In a crime of falsification of a public document, the principal thing punished is the violation of public faith and the destruction of truth as therein solemnly proclaimed.
8. ART. 200 – GRAVE SCANDALS
ART. 200 – GRAVE SCANDAL Punishable Acts / Elements
Important Points
1. That the offender DECENCY - means proprietary of performs an act or conduct; proper observance of the acts. requirements of modesty , good taste, etc. 2. That such act or acts be highly scandalous as CUSTOMS - established usage, social offending against conventions carried on by tradition decency or good and enforced by social disapproval of customs. any violation thereof. 3. That the highly scandalous conduct is not expressly falling within any article of this code.
GRAVE SCANDAL - consists of acts which are offensive to decency and good customs which, having committed publicly, have given rise to public scandal to persons who have accidentally witnessed the same.
4. That the act or acts complained of be If the act or acts of the offender committed in a public are punished under another article place or within the of the Revised Penal Code, Article public knowledge or 200 is not applicable. view.
Reglementary Period Persons lawfully arrested without a warrant of arrest and detained for committing any of the prohibited acts stated herein must be delivered to the proper judicial authority within the reglementary period of eighteen (18) hours upon detention to avoid prosecution for violation of Article 125 of the Revised Penal Code (Delay in the Delivery of Detained Persons to the Proper Judicial Authorities)
ILLUSTRATIVE CASES 1. Agnes and Bernardo, both PCG personnel, went inside Bernardo‘s vehicle parked inside the Farola compound which is a public place. While inside the vehicle, Bernardo and Agnes took off their clothes and started kissing and touching each other in their private parts. Abraham, who was then on duty, noticed the commotion inside the vehicle and went near the vehicle to check on the persons inside. Abraham caught Agnes and Bernardo in the act of having carnal knowledge of each other and started knocking on the door to catch their attention. The act committed by Agnes and Bernardo constitutes Grave Scandal because they were in a public place despite the absence of public viewer.
Coast Guard Education and Training Command
Page 320
Maritime Security and Law Enforcement Manual s.2011 2. Agnes and Bernardo went to Luneta and slept there. They covered themselves with blankets and started having carnal knowledge of each other. This is grave scandal. 3. In a shanty along Farola compound, a lady tenant had the habit of undressing in her room without shutting the curtains. She does this every night at about eight in the evening. So that at this hour of the night, you can expect people outside gather in front of her window looking at her silhouette. She was charged of grave scandal. Her defense was that she was doing it in her own house. It is no defense that she is doing it in her private home. It is still open to the public view.
9. ART. 202 – VAGRANTS AND PROSTITUTES
ART. 202 – VAGRANTS AND PROSTITUTES Punishable Acts / Elements
Important Points
PERSONS LIABLE: 1. Any person having no apparent means of subsistence, who has the physical ability to work and who neglects to apply himself to
PROSTITUTES - women who, for money or profit habitually indulge in sexual intercourse or lascivious conduct
some lawful calling
2. Any person found loitering about
public or semipublic buildings or places or tramping or wondering about the country or the streets without visible means of support
3. Any idle or dissolute person who lodges in houses of ill fame; ruffians or pimps and those who habitually associate with prostitutes 4. Any person who, not being included in the provisions of other articles of this code, shall be found loitering in any inhabited or uninhabited place belonging to another without any lawful or justifiable purpose
Reglementary Period
Persons lawfully arrested without a warrant of arrest and detained for committing any of VAGRANTS: the prohibited 1. An idle or dissolute person acts stated herein who lodges in houses of ill- must be delivered fame to the proper judicial authority 2. Ruffian or pimp; or within the reglementary 3. One who habitually associates with prostitutes. period of twelve (12) hours upon detention to avoid prosecution for violation of Article 125 of the Revised Penal Code (Delay in the Delivery of Detained Persons to the Proper Judicial Authorities)
Coast Guard Education and Training Command
Page 321
Maritime Security and Law Enforcement Manual s.2011 Persons Liable under P.D. No. 1563 or the Mendicancy Law: 1. Mendicant – one who has no visible and legal means of support, or lawful employment and who is physically able to work but neglects to apply himself to some lawful calling and instead uses begging as a means of living. 2. Any person who abets mendicancy by giving alms directly to mendicants, exploited infants, and minors on public roads, sidewalks, parks and bridges. ILLUSTRATIVE CASE: PCG elements received information that several women of ill-repute board vessels docked at the pier of Navotas to offer their services to the vessel‘s crew for a fee. Upon surveillance and confirmation, PCG elements caused the arrest of these ill-repute women for violation of Art. 202 (Vagrants and Prostitutes) of the RPC.
10. ART. 212 – CORRUPTION OF PUBLIC OFFICIALS
ART. 212 – CORRUPTION OF PUBLIC OFFICIALS Punishable Acts / Elements
Reglementary Period
1. That the offender makes offers or Persons lawfully arrested without a warrant of promises or gives gifts or presents to arrest and detained for committing any of the a public officer prohibited acts stated herein must be delivered to the proper judicial authority within the 2. That the offers or promises are made reglementary period of eighteen (18) hours or the gifts or presents given to a upon detention to avoid prosecution for public, officer, under circumstances violation of Article 125 of the Revised Penal that will make the public officer liable Code (Delay in the Delivery of Detained for direct bribery or indirect bribery Persons to the Proper Judicial Authorities)
ILLUSTRATIVE CASE: Facts: A collision between M/V Ramos and M/V Pitpit occurred somewhere near the port of Cebu. Gracey Tads, ship-owner of M/V Ramos, knowing that the collision was caused by her vessel, approached a member of the Board of Marine Inquiry (BMI) and promised him a considerable amount upon a favorable resolution of the collision case. When apprehended, Gracey Tads contended that no money was given to the BMI member involved as she merely promised to give the same only upon a favorable resolution of their case.
Coast Guard Education and Training Command
Page 322
Maritime Security and Law Enforcement Manual s.2011 Issue: Whether or not Gracey Tads is guilty of corruption of public officials under Art. 212 of the RPC. Held: Yes. Mere offer or promise to give gifts or presents to a public officer by reason of his office is already punishable under the RPC. Actual receipt by the public officer of the gift or presents promised is not necessary to constitute the crime of corruption of public officials.
11. ART. 248 – MURDER ART. 248 – MURDER Punishable Acts / Elements 1. That a person was killed;
Important Points
Reglementary Period
Persons lawfully arrested without 2. That the accused killed him; a warrant of arrest and 3. That the killing was attended by any of the qualifying detained for circumstances, to wit: committing any a. With treachery, taking advantage of superior of the prohibited strength, with the aid of armed men, or acts stated employs means to weaken the defense, or of herein must be means or persons to insure or afford impunity; delivered to the b. In consideration of a price, reward or promise; proper judicial c. By means of inundation, fire, poison, authority within shipwreck, stranding of a vessel, derailment or the reglementary assault upon a railroad, fall of an airship, by period of thirty means of motor vehicles, or with the use of six (36) hours any other means involving great waste and upon detention ruin; to avoid d. On occasion of any calamities enumerated in prosecution for the preceding paragraph, or of an earthquake, violation of eruption of a volcano, destructive cyclone, NO. 8294, Article 125 of the epidemic, or any other public calamity; Sec. 1) Revised Penal e. With evident premeditation; or Code (Delay in f. With cruelty, by deliberately and inhumanly the Delivery of augmenting the suffering of the victim, or Detained Persons outraging or scoffing at his person or corpse. to the Proper (As amended by R.A. no. 7659) Judicial Authorities) 4. That the killing is not parricide or infanticide.
Coast Guard Education and Training Command
If homicide or murder is committed with the use of an unlicensed firearm, such use of an unlicensed firearm shall be considered as an aggravatin g circumstan ce. (R.A.
Page 323
Maritime Security and Law Enforcement Manual s.2011 ILLUSTRATIVE CASE: Facts: Norming Yano and his cousin, Gerardo Belay, were asleep in a nipa hut when three men suddenly pelted their nipa hut with stones. Not long after, the men barged inside the nipa hut and directed their flashlights on Gerardo‘s face. The three intruders surrounded Gerardo and then one of them hacked the latter with a bolo. Another man with a bolo held Gerardo‘s hands. While the assailants were wrestling with Gerardo, Norming rushed out of the nipa hut. One of the assailants chased Norming but failed to catch up with him. Gerardo was unable to flee as he was hacked and stabbed, causing irreversible shock secondary to massive brain and lung hemorrhage and resulting in his instantaneous death. Issue: What crime was committed? Held: Murder.
The death of Gerardo was attended by the qualifying circumstance of
treachery. The suddenness of the attack of the assailants and the fact that Gerardo was blinded by flashlights before being hacked to death constitutes treachery which qualifies his death to the crime to murder.
12. ART. 249 – HOMCIDE
ART. 249 – HOMICIDE Punishable Acts / Elements 1. That a person was killed; 2. That the accused without any circumstance;
killed him justifying
3. That the accused intention to kill, presumed; and
had the which is
4. That the killing was not attended
Important Points
Reglementary Period
If homicide or murder is committed with the use of an unlicensed firearm, such use of an unlicensed firearm shall be considered as an aggravating
Persons lawfully arrested without a warrant of arrest and detained for committing any of the prohibited acts stated herein must be delivered to the proper judicial authority within the reglementary period of thirty six (36) hours upon detention to avoid prosecution for violation of Article 125 of the Revised Penal Code (Delay
Coast Guard Education and Training Command
Page 324
Maritime Security and Law Enforcement Manual s.2011 by any of the qualifying circumstance. in the Delivery of Detained circumstances of murder, or by (R.A. NO. 8294, Persons to the Proper Judicial that of parricide or infanticide. Sec. 1) Authorities) HOMICIDE - The unlawful killing of any person, which is neither parricide, murder nor infanticide. Intent to kill is conclusively presumed when death results; evidence of intent to kill is important only in attempted or frustrated homicide. Intent to kill is usually shown by the kind of weapon used and part of the body wounded. ILLUSTRATIVE CASE: Pong and Ping were inside the Pier when they quarreled. They engaged in fistic blows. Pong started to run away and Ping went after him, struck him with a fist blow at the back of the head. Because the victim was running, he lost balance, fell on the pavement and his head struck the cement pavement. Pong suffered cerebral hemorrhage and instantly died. 13. ART. 251 – DEATH CAUSED IN A TUMULTUOUS AFFRAY ART. 251 - DEATH CAUSED IN A TUMULTUOUS AFFRAY Punishable Acts / Reglementary Important Points Period Elements 1. That there be several PERSONS LIABLE: persons; 1. The person or persons who inflicted Persons lawfully the serious physical injuries are liable. arrested without 2. That they did not warrant of compose groups 2. If it is not known who inflicted the a arrest and organized for the serious physical injuries on the for common purpose of deceased – all the persons who used detained assaulting and violence upon the person of the victim committing any of the prohibited attacking each other are liable, but with lesser liability. acts stated reciprocally; herein must be 3. That these several TUMULTUOUS AFFRAY - a melee or delivered to the persons quarreled and free-for-all, where several persons not proper judicial assaulted one another comprising definite or identifiable groups authority within in a confused and attack one another in a confused and the reglementary disorganized manner resulting in the death tumultuous manner; period of thirty or injury of one or some of them. (36) hours 4. That someone was killed in the course of When the quarrel is between a distinct upon detention group of individuals, one of whom was to avoid the affray; sufficiently identified as the principal prosecution for 5. That it cannot be author of the killing, as against a violation of ascertained who common, particular victim, it is not a Article 125 of the actually killed the "tumultuous affray" within the meaning Revised Penal deceased; and of Art. 251 of the RPC. (People vs. Code (Delay in Unlagada, GR No. 141080, September the Delivery of 6. That the person or
Coast Guard Education and Training Command
Page 325
Maritime Security and Law Enforcement Manual s.2011 persons who inflicted 17, 2002) In such a case, the crime serious physical committed is homicide under Art. 249. injuries or who used ďƒ˜ The victim may be a participant or violence can be non-participant thereof. identified.
Detained Persons to the Proper Judicial Authorities)
ILLUSTRATIVE CASE Arnold Veraguas is courting Ligaya, a receptionist in the Farola beerhouse. ASN Ronald Abun PCG danced with Ligaya. Mr. Veraguas saw this and became mad so he started shouting at ASN Abun PCG. The companions of both men also started to quarrel, assaulted each other and beer bottles and other improvised weaponry were hurled to and from the two groups. Several men who got hit by the bottles thrown by the group joined the chaos. As a result, two of the companions of ASN Abun died. The death of the two companions of ASN Abun under the aforesaid circumstance constitute the crime of death caused in a tumultuous affray.
14. ART. 252 – PHYSICAL INJURIES INFLICTED IN A TUMULTUOUS AFFRAY ART. 252 - PHYSICAL INJURIES INFLICTED IN A TUMULTUOUS AFFRAY Punishable Acts / Elements
Important Points
1. That there is a tumultuous affray as Injured/victi referred to in Art. 251; m must be a participant 2. That a participant or some participants in the affray thereof suffer serious physical injuries or physical injuries of a less serious nature only; 3. That the person responsible therefor cannot be identified; and 4. That all those who appear to have used violence upon the person of the offended party are known.
Coast Guard Education and Training Command
Reglementary Period Persons lawfully arrested without a warrant of arrest and detained for committing any of the prohibited acts stated herein must be delivered to the proper judicial authority within the reglementary period of eighteen (18) hours upon detention to avoid prosecution for violation of Article 125 of the Revised Penal Code (Delay in the Delivery of Detained Persons to the Proper Judicial Authorities)
Page 326
Maritime Security and Law Enforcement Manual s.2011 ILLUSTRATIVE CASE The members of Sigma Lambda Phi and Delta Tau Rho were engaged in a brawl in front of the Diosdado Macapagal Port. These men were armed with huge stones and long wooden sticks. As a result of the riot, three men were seriously wounded and hurt.
15. ART. 254 – DISCHARGE OF FIREARMS ART. 254 - DISCHARGE OF FIREARMS Punishable Acts / Elements
Important Points
1. That the It is not applicable to police officers in the offender performance of their duties. discharges The PURPOSE of the offender is only to a firearm intimidate or frighten the offended party. against or If in the discharge of firearm, the offended at another party is hit and wounded, there is a person; complex crime of discharge of firearm with and serious or less serious physical injuries; BUT if only slight physical injuries were 2. That the inflicted, there is no complex crime since offender such physical injuries constitute a light has no felony. intention The crime is discharge of firearm even if to kill that the gun was not pointed at the offended person. party when it was fired, as long as it was initially aimed by the accused at or against the offended party.
Reglementary Period
Persons lawfully arrested without a warrant of arrest and detained for committing any of the prohibited acts stated herein must be delivered to the proper judicial authority within the reglementary period of eighteen (18) hours upon detention to avoid prosecution for violation of Article 125 of the Revised Penal Code (Delay in the Delivery of Detained Persons to the Proper Judicial Authorities)
ILLUSTRATIVE CASE: Eldred Vinuya, a male employee is escorting Nicole Reyes, a female officemate. On the way to Ms. Reyes‘ house near Farola, some men whistled lustfully. Eldred Vinuya brought out his gun and fired upon the men to create fear. Although Mr. Vinuya had no intention to kill any of the men, he is still liable for the crime of discharging his firearm against or at another person.
Coast Guard Education and Training Command
Page 327
Maritime Security and Law Enforcement Manual s.2011 16. ART. 263 – SERIOUS PHYSICAL INJURIES ART. 263 - SERIOUS PHYSICAL INJURIES Punishable Acts / Elements HOW COMMITTED: 1. by wounding; 2. by beating; 3. by assaulting; or
Important Points There must be NO INTENT TO KILL; otherwise, the crime would be attempted or frustrated homicide, parricide or murder, as the case maybe.
4. by administering injurious substance.
Where the category of the offense of serious physical injuries depends on the period of illness or incapacity for labor, there must SERIOUS PHYSICAL INJURIES be evidence of that length of that period; 1. When the injured person becomes insane, otherwise, the offense imbecile, impotent or blind in shall only be slight consequence of the physical injuries physical injuries. inflicted; REQUISITES OF DEFORMITY: 1. Physical ugliness; 2. Permanent and definite abnormality; and
2. When the injured person – a) loses the use of speech or the power to hear or to smell, or loses an eye, a hand, a foot, an arm, or a leg; b) loses the use of any such member; or c) becomes incapacitated for the work in which he was therefore habitually engaged, in consequence of the physical injuries inflicted;
3. Must conspicuous visible.
be and
Medical Attendance is not important in serious physical injuries QUALIFYING CIRCUMSTANCES: 1. Offense committed against persons enumerated in the crime of parricide.
3. When the person injured a) becomes deformed, or b) loses any other member of his body, 2. With the or attendance of c) loses the use thereof, or circumstance which
Coast Guard Education and Training Command
Reglementary Period Persons lawfully arrested without a warrant of arrest and detained for committing any of the prohibited acts stated herein must be delivered to the proper judicial authority within the reglementary period of thirty six (36) hours upon detention to avoid prosecution for violation of Article 125 of the Revised Penal Code (Delay in the Delivery of Detained Persons to the Proper Judicial Authorities) Persons lawfully arrested without a warrant of arrest and detained for committing any of the prohibited acts stated herein must be delivered to the proper judicial authority within the reglementary period of thirty six (36) hours upon detention
Page 328
Maritime Security and Law Enforcement Manual s.2011 d) becomes ill or incapacitated for the qualify the crime to performance of the work in which he murder. was habitually engaged for more than 90 days, in consequence of the The ―qualified physical injuries inflicted. penalties‖ are not applicable to parents 4. When the injured person becomes ill or who inflict serious incapacitated for labor for more than 30 physical injuries upon days (but must not be more than 90 their children by days), as a result of the physical injuries excessive inflicted. chastisement.
to avoid prosecution for violation of Article 125 of the Revised Penal Code (Delay in the Delivery of Detained Persons to the Proper Judicial Authorities)
ILLUSTRATIVE CASE When SW2 Jenny Fernandez PCG rejected Patrick Beley‘s marriage proposal, he threw acid on the face of said SW2 Jenny Fernandez PCG. As a result, a deformity was produced on the face of the victim. The crime of Serious Physical Injury was committed against SW2 Fernandez PCG because a deformity was caused by the act of throwing acid on her face. 17. ART. 266-A – THE ANTI-RAPE LAW (RA 8353) ART. 266-A - THE ANTI-RAPE LAW (RA 8353) Punishable Acts / Elements
Important Points
How rape is committed: 1. By a man who shall have carnal knowledge Under R.A. 8353, of a woman under any of the following the crime of rape circumstances: can now be committed by a a. Through force, threat or intimidation male or a female. b. When the offended party is deprived of reason or otherwise unconscious There is no crime of c. By means of fraudulent machinations frustrated rape. or grave abuse of authority The slightest penetration or d. When the offended party is under mere touching of twelve (12) years of age or is the genitals demented, even though none of the consummates circumstances mentioned above be the crime of present rape. 2. By any person who, under any of the In Statutory circumstances mentioned in paragraph 1 Rape, the hereof, shall commit an act of sexual offender‘s assault by inserting his penis into another knowledge of person‘s mouth or anal orifice of another the victim‘s age person. is IMMATERIAL.
Coast Guard Education and Training Command
Reglementary Period Persons lawfully arrested without a warrant of arrest and detained for committing any of the prohibited acts stated herein must be delivered to the proper judicial authority within the reglementary period of thirty six (36) hours upon detention to avoid prosecution for violation of Article 125 of the Revised Penal Code (Delay in the Delivery of Detained Persons to the Proper Judicial Authorities)
Page 329
Maritime Security and Law Enforcement Manual s.2011 Classification of Rape 1. Traditional Rape under Art. 335 2. Sexual Assault under R.A. 8353 ILLUSTRATIVE CASE Delia was sleeping in her bedroom when she felt somebody touching her legs. She woke up and turned and saw Brando forcing his way to her. She fought back as hard as she can but Brando was too strong. He tied her hands up and was able to have carnal knowledge with Delia forcibly. After which Brando threatened Delia that if she told this to anybody he would kill her. Threatened for her life Delia kept mum about it but her traumatic experience would haunt her so she courageously reported it to her parents and eventually filed a rape case against Brando. 18. ART. 265 – LESS SERIOUS PHYSICAL INJURIES ART. 265 - LESS SERIOUS PHYSICAL INJURIES Punishable Acts / Elements
Important Points
Reglementary Period
1. The offended party is The law includes Persons lawfully arrested without a incapacitated for labor for 2 subdivisions, warrant of arrest and detained for 10 days or more but not to wit: committing any of the prohibited acts more than 30 days, or stated herein must be delivered to needs attendance for the 1. the inability for the proper judicial authority within same period; and work; and the reglementary period of eighteen (18) hours upon detention to avoid 2. The physical injuries must 2. the necessity prosecution for violation of Article not be those described in for medical 125 of the Revised Penal Code (Delay the preceding articles. attendance in the Delivery of Detained Persons to the Proper Judicial Authorities) QUALIFIED LESS SERIOUS PHYSICAL INJURIES: 1. A fine not exceeding P500, in addition to arresto mayor, shall be imposed for less serious physical injuries when: a. there is manifest intent to insult or offend the injured person; or b. there are circumstances adding ignominy to the offense. 2. A higher penalty is imposed when the victim is either: a. The offender‘s parent, ascendant, guardian, curator or teacher; or b. Persons of rank or persons in authority, provided the crime is not direct assault.
Coast Guard Education and Training Command
Page 330
Maritime Security and Law Enforcement Manual s.2011
ILLUSTRATIVE CASE: Bingbong hit Crisologo with a baseball bat, and threw several punches as a result of which Crisologo was hospitalized for two weeks due to injuries sustained. He was not able to work for two straight weeks because of this incident but eventually the wounds healed and Crisologo was able to recover from the injuries. Crisologo filed a complaint for less serious physical injuries before the city fiscal against Bingbong.
19. ART. 266 – SLIGHT PHYSICAL INJURIES AND MALTREATMENT ART. 266 - SLIGHT PHYSICAL INJURIES AND MALTREATMENT Punishable Acts / Elements
Important Points
KINDS:
When there is no evidence of actual 1. Physical injuries which injury, it is only incapacitated the offended party slight physical from one to nine days, or required injuries. medical attendance during the same period; 2. Physical injuries which did not prevent the offended party from engaging in his habitual work or which did not require medical attendance; and 3. Ill-treatment of another by deed without causing any injury
Reglementary Period Persons lawfully arrested without a warrant of arrest and detained for committing any of the prohibited acts stated herein must be delivered to the proper judicial authority within the reglementary period of twelve (12) hours upon detention to avoid prosecution for violation of Article 125 of the Revised Penal Code (Delay in the Delivery of Detained Persons to the Proper Judicial Authorities)
ILLUSTRATIVE CASE: If Hillary slaps Monica and told her ―You choose your seconds. Let us meet behind the Quirino Grandstand and see who is the better and more beautiful between the two of us‖, the crime is not ill-treatment, slight physical injuries or slander by deed; it is a form of challenging to a duel. The criminal intent is to challenge a person to a duel. The crime is slight physical injury if there is no proof as to the period of the offended party‘s incapacity for labor or of the required medical attendance.
Coast Guard Education and Training Command
Page 331
Maritime Security and Law Enforcement Manual s.2011 20. ART. 267 – KIDNAPPING AND SERIOUS ILLEGAL DETENTION ART. 267 – KIDNAPPING AND SERIOUS ILLEGAL DETENTION Punishable Acts / Elements 1. That the offender is a private individual. 2. That he kidnaps or detains another, or in any other manner deprives the latter of his liberty. 3. That the act of detention or kidnapping must be illegal. 4. That in the commission of the offense, any of the following circumstances is present: a. That the kidnapping or detention lasts for more than 3 days. b. That it is committed simulating public authority. c. That any serious physical injuries are inflicted upon the person kidnapped or detained or threats to kill him are made; or d. That the person kidnapped or detained is a minor, female, or a public officer
Important Points The essence of the crime of kidnapping is the actual deprivation of the victim‘s liberty coupled with the intent of the accused to effect it. There is deprivation of liberty even if the victim went voluntarily with the accused where the voluntary action was induced by the accused‘s false inducement without which the victim would not have gone with him.
Reglementary Period Persons lawfully arrested without a warrant of arrest and detained for committing any of the prohibited acts stated herein must be delivered to the proper judicial authority within the reglementary period of thirty six (36) hours upon detention to avoid prosecution for violation of Article 125 of the Revised Penal Code (Delay in the Delivery of Detained Persons to the Proper Judicial Authorities)
ILLUSTRATIVE CASE G.R. No. 171653
April 24, 2007
PEOPLE OF THE PHILIPPINES vs. JUDITH JATULAN FACTS: Karwin Amado who was then only five (5) years old, was approached by accused Judith "Lito" Jatulan. Lito told the child he will give him a "shaider" toy but they have to go to the mountain to get it. The child then went with Lito. Later on, Karwin‘s mother, Teresita Amado arrived from work and failing to find Karwin inside the house, asked the boy‘s playmates who told her they did not play with Karwin. She then inquired from their neighbors who informed her that they did not see Karwin the whole afternoon. They looked for Karwin until dark but still did not find him, thus, she reported the matter to the police authorities.
Coast Guard Education and Training Command
Page 332
Maritime Security and Law Enforcement Manual s.2011 The following morning, the family of Karwin received a sealed envelope with a ransom note inside, which was left at their gate. Upon coordination with the authority, the family were able to locate Karwin at the company of herein accused. For his defense, accused submits that there was no deprivation of liberty on the part of Karwin, insisting that the latter voluntarily went with a certain "Onyok" to get the promised "Shaider" toy and that during the period that Karwin was with him at the hut where he was eventually rescued, the boy "could do as he wished," including escaping, but did not. ISSUE: Whether or not herein accused is guilty of kidnapping with ransom. HELD: Yes. The essence of the crime of kidnapping is the actual deprivation of the victim‘s liberty coupled with the intent of the accused to effect it. There is deprivation of liberty even if the victim went voluntarily with the accused where the voluntary action was induced by the accused‘s false inducement without which the victim would not have gone with him. Here, Karwin, a 5-year old boy, was enticed by appellant to go with him to the mountain side on the pretext that appellant will give Karwin a toy, a promise that was never fulfilled. In any event, even assuming arguendo that Karwin could do anything he wished to while at appellant‘s custody, it is not hard to imagine that the boy could not have gone home, brought as he was to an unfamiliar and deserted place at the mountain side. Indeed, it could well be that appellant left the boy alone without any restraint precisely because he knew that it was impossible for the 5-year old Karwin to escape and go home. Ransom means money, price or consideration paid or demanded for the redemption of a captured person that would release him from captivity. No specific form of ransom is required to consummate the felony of kidnapping for ransom as long as the ransom was intended as a bargaining chip in exchange for the victim‘s freedom. Whether or not the ransom is actually paid to or received by the perpetrator is of no moment.
Coast Guard Education and Training Command
Page 333
Maritime Security and Law Enforcement Manual s.2011 21. ART. 282 – GRAVE THREATS ART. 282 – GRAVE THREATS Punishable Acts 1. Threatening another with the infliction upon his person, honor, or property or that of his family of any wrong amounting to a crime and demanding money or imposing any other condition even though not unlawful, and the offender attained his purpose. 2. By making such threat without the offender attaining his purpose. 3. By threatening another with the infliction upon his person, honor or property or that of his family of any wrong amounting to a crime, the threat not being subject to a condition.
Important Points
Reglementary Period
QUALIFYING CIRCUMSTANCE: If threat Persons was made in writing or through a middleman lawfully arrested ELEMENTS OF GRAVE THREATS WHERE without a THE OFFENDER ATTAINED HIS PURPOSE: warrant of 1. That the offender threatens another person arrest and with the infliction upon the latter‘s person, detained for honor or property, or upon that of the committing any latter‘s family, of any wrong. of the prohibited acts 2. That such wrong amounts to a crime. stated herein must be 3. That there is a demand for money or that delivered to the any other condition is imposed, even proper judicial though not unlawful. authority within the 4. That the offender attains his purpose. reglementary period of ELEMENTS OF GRAVE THREATS NOT eighteen (18) SUBJECT TO A CONDITION: hours upon 1. That the offender threatens another person detention to with the infliction upon the latter‘s person, avoid honor, or property, or upon that of the prosecution for latter‘s family, of any wrong. violation of Article 125 of 2. That such wrong amounts to a crime. the Revised Penal Code 3. That the threat is not subject to a (Delay in the condition. Delivery of Detained In the crime of threats, it is essential Persons to the that there be intimidation. Proper Judicial Authorities)
ILLUSTRATIVE CASE Abner received a phone call and an email message that if he does not consider the decision in a collision case being a Board Member of the Board of Marine Inquiry , they would kidnap his only son. With the assistance of private investigators they were able to trace the phone number and the email address from a certain Mr. Yi, Owner of Chong Si Shipping Lines involved in the collision case where Abner is presiding. Abner filed a case for Grave threats against Mr. Yi.
Coast Guard Education and Training Command
Page 334
Maritime Security and Law Enforcement Manual s.2011 22. ART. 283 – LIGHT THREATS ART. 283 – LIGHT THREATS Punishable Acts
Important Points
ELEMENTS: ART. 285 – OTHER LIGHT THREATS 1. That the offender makes a threat to PROHIBITED ACTS: commit a wrong. 1. Threatening another with a weapon, or by drawing such weapon in a quarrel, 2. That the wrong unless it be in lawful self-defense. does not constitute 2. Orally threatening another, in the heat a crime. of anger, with some harm constituting a crime, without persisting in the idea 3. That there is a involved in his threat demand for money 3. Orally threatening to do another any or that other harm not constituting a felony. condition is imposed even Persons lawfully arrested without a though not warrant of arrest and detained for unlawful. committing any of the prohibited acts stated herein must be delivered 4. That the offender to the proper judicial authority has attained his within the reglementary period of purpose or, that he twelve (12) hours upon detention has not attained his to avoid prosecution for violation of purpose. Article 125 of the Revised Penal Code (Delay in the Delivery of Detained Persons to the Proper Judicial Authorities) ILLUSTRATIVE CASE
Reglementary Period Persons lawfully arrested without a warrant of arrest and detained for committing any of the prohibited acts stated herein must be delivered to the proper judicial authority within the reglementary period of eighteen (18) hours upon detention to avoid prosecution for violation of Article 125 of the Revised Penal Code (Delay in the Delivery of Detained Persons to the Proper Judicial Authorities)
1. In a case for support, SN1 Procopio PCG was threatened by his mother-in-law that if he does not give the whole amount of his salary, she would file a case against him administratively before CGIAS and have him discharged. This is a light threat because the threat to have him discharge does not constitute a crime and that there is a demand for money even if the mother-in-law did not attain his purpose. 2. Sweethearts Bernie and Martha were quarrelling and in the heat of anger, Bernie shouted at Martha and threatened that he would hit her with a baseball bat if she would not shut up and then after which Bernie walked away. This constitutes other light threats under Article 285 because the threatened harm could constitute serious physical injuries or less serious physical injuries but then clearly it was only an oral threat as Bernie walked away.
Coast Guard Education and Training Command
Page 335
Maritime Security and Law Enforcement Manual s.2011 23. ART. 286 – GRAVE COERCION ART. 286 – GRAVE COERCION Punishable Acts / Elements ELEMENTS: 1. That a person prevented another from doing something not prohibited by law, or by compelling him to do something against his will, be it right or wrong.
Important Point
Reglementary Period
TWO WAYS OF COMMITTING GRAVE COERCION: 1. By preventing another by means of violence, threats or intimidation, from doing something not prohibited by law.
Persons lawfully arrested without a warrant of arrest and detained for committing any of the prohibited acts stated herein must be delivered to the proper judicial authority within the reglementary period of eighteen (18) hours upon detention to avoid prosecution for violation of Article 125 of the Revised Penal Code (Delay in the Delivery of Detained Persons to the Proper Judicial Authorities)
2. By compelling another, by means of violence, threats or intimidation, to do something against his will, whether it be 2. That the prevention right or wrong. or compulsion be effected by violence, either material force WHEN PRISION MAYOR SHALL or such display of BE IMPOSED: force as would 1. If the coercion is committed in produce intimidation violation of the exercise of the and control the will right of suffrage. of the offended party. 2. if the coercion is committed to compel another to perform any 3. That the person that religious act restrained the will and liberty of 3. if the coercion is committed to another had no prevent another from authority. performing any religious act
Except in instances when prision mayor shall be imposed in which case, the reglementary period to deliver a detainee is thirty six (36) hours.
ILLUSTRATIVE CASE Benjie together with his armed bodyguards went to the house of Hector who owed him P50,000.00 in cash. Hector was about to leave his house to go to the office when Benjie‘s body guards prevented him to do so and when Hector forces his way out the bodyguards pushed him and punched him in the stomach. Right there and then Benjie demanded from Hector to pay what he owed him. This constitutes grave coercion as Hector was prevented from leaving his house by Benjie‘s bodyguards thru violence and intimidation.
Coast Guard Education and Training Command
Page 336
Maritime Security and Law Enforcement Manual s.2011 24. ART. 287 – LIGHT COERCION ART. 287 – LIGHT COERCION Punishable Acts / Elements ELEMENTS: 1. That the offender must be a creditor. 2. That he seizes anything belonging to his debtor 3. That the seizure of the thing be accomplished by means of violence or a display of material force producing intimidation 4. That the purpose of the offender is to apply the same to the payment of the debt.
Important Point
Reglementary Period
UNJUST VEXATION (Art. 287, par. 2) Includes any human conduct which although not productive of some physical or material harm would, however, unjustly annoy or vex an innocent person. In determining whether the crime of unjust vexation is committed, the offender's act must have caused annoyance, irritation, vexation, torment, distress or disturbance to the mind of the person to whom it is directed Light coercion under the 1st par. Of Art. 287 will be unjust vexation if the 3rd element is absent.
Persons lawfully arrested without a warrant of arrest and detained for committing any of the prohibited acts stated herein must be delivered to the proper judicial authority within the reglementary period of twelve (12) hours upon detention to avoid prosecution for violation of Article 125 of the Revised Penal Code (Delay in the Delivery of Detained Persons to the Proper Judicial Authorities)
ILLUSTARTIVE CASE Brenda owed Silva P10,000.00. When the debt falls due, Silva went to Brenda to demand payment. When Brenda could not produce the money demanded Silva forcibly took the gold bracelet of Brenda holding her hands and taking it from her. Silva told Brenda that she would not return the bracelet until the aforementioned debt is paid. This constitutes light coercion. 25. ART. 286 – ROBBERY WITH
VIOLENCE AGAINST OR INTIMIDATION OF
PERSONS ART. 294- ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS Punishable Acts / Elements
Important Point
Reglementary Period
ELEMENTS OF ROBBERY IN GENERAL: 1. That there be personal property belonging to another; 2. That there is unlawful taking of that property. 3. That the taking must be with intent to gain 4. That there is violence against or
Additional rape/s or homicide/s are not considered aggravating. Unless and until a law is passed providing that the additional rape/s (or homicide/s) may be considered aggravating, the
Persons lawfully arrested without a warrant of arrest and detained for committing
Coast Guard Education and Training Command
Page 337
Maritime Security and Law Enforcement Manual s.2011 intimidation of any person/ or force used upon things ACTS PUNISHED UNDER THIS ARTICLE: 1. When by reason or on occasion of the robbery, the crime of homicide is committed; or when the robbery is accompanied by rape or intentional mutilation or arson. 2. When by reason or on occasion of such robbery any of the physical injuries resulting in insanity, imbecility, impotency or blindness is inflicted (subdivision 1 of Art. 263). 3. When by reason or on occasion of robbery, any of the physical injuries penalized in subdivision 2 of Art. 263 is inflicted. 4. If the violence or intimidation employed in the commission of the robbery is carried to a degree clearly unnecessary for the commission of the crime; or when in the course of its execution, the offender shall have inflicted upon any person physical injuries covered by subdivisions 3 and 4 of Art. 263. 5. If the violence employed by the offender does not cause any of the serious physical injuries defined in Art. 263, or if the offender employs intimidation only.
Court must construe the penal law in favor of the offender as no person may be brought within its terms if he is not clearly made so by the statue. (People vs. Sultan, April 27, 2000) The term ―homicide‖ is used in its generic sense and includes any kind of killing, whether parricide or murder or where several persons are killed and the name of this special complex crime shall remain as robbery with homicide. The qualifying circumstance (e.g. treachery in murder) will only become an aggravating circumstance. Par. 5 is known as simple robbery because they only involve slight or less serious physical injuries, which are absorbed in the crime of robbery as an element thereof.
any of the prohibited acts stated herein must be delivered to the proper judicial authority within the reglementary period of thirty six (36) hours upon detention to avoid prosecution for violation of Article 125 of the Revised Penal Code (Delay in the Delivery of Detained Persons to the Proper Judicial Authorities)
ILLUSTRATIVE CASE Facts: Tomas and Maning entered the then closed sari-sari store of Mang Goyo by means of destroying the store‘s window and using it as their point of entry. Tomas and Maning took all the items in the sari-sari store. On their way out of the store, Mang Goyo suddenly came from nowhere holding a bolo and aiming the same to Tomas and Maning. Upon seeing Mang Goyo, Tomas pulled out the trigger in his waist and shot Mang Goyo causing the latter‘s instant death. Issue: What crime was committed by Maning and Tomas? Held: Tomas and Maning committed the complex crime of Robbery with Homicide. In the given situation, all the elements of robbery as defined in Art. 294 are present in this case.
Coast Guard Education and Training Command
Page 338
Maritime Security and Law Enforcement Manual s.2011 26. ART. 327 – MALICIOUS MISCHIEF ART. 327 – MALICIOUS MISCHIEF Punishable Acts / Elements 1. That the offender deliberately caused damage to the property of another 2. That such act does not constitute arson or other crimes involving destruction 3. That the act of damaging another‘s property be committed merely for the sake of damaging it.
Important Point Elements of Special Mischief 1. Causing damage to obstruct the performance of public functions; 2. Using any poisonous or corrosive substance; 3. Spreading any infection or contagion among cattle; 4. Causing damage to the property of the National Museum or National Library, or to any archive or registry, waterworks, road, promenade, or any other thing used in common by the public.
Reglementary Period
Persons lawfully arrested without a warrant of arrest and detained for committing any of the prohibited acts stated herein must be delivered to the proper judicial authority within the reglementary period of eighteen (18) hours upon detention to avoid prosecution for violation of Article 125 of the Revised Penal Code (Delay in the Delivery of Detained Persons to the Proper Judicial Authorities)
ILLUSTRATIVE CASE Pedro was caught by some Coast Guard personnel for illegal fishing using unauthorized fishing gears. Annoyed that his pleas to CG personnel who arrested him not to file charges anymore have fallen into deaf ears, he stoned the glass windows of CG Detachment Dinagat and as a result the same was damaged. This constitutes malicious mischief which was committed merely for the sake of damaging the windows of CG Detachment Dinagat. 27. ART. 365 – IMPRUDENCE AND NEGLIGENCE ART. 365 – IMPRUDENCE AND NEGLIGENCE Punishable Acts / Elements
Important Point
Reglementary Period
ELEMENTS (RECKLESS IMPRUDENCE): 1. That the offender does or fails to do an act. 2. That the doing of or the failure to do that act is voluntary. 3. That it be without malice. 4. That material damage results. 5. That there is inexcusable lack of
Reckless Imprudence – consists in voluntarily but without malice, doing or failing to do an act from which material damage results by reason of inexcusable lack of precaution on the part of the person performing or
Persons lawfully arrested without a warrant of arrest and detained for committing any of the prohibited acts stated herein must be delivered to the proper
Coast Guard Education and Training Command
Page 339
Maritime Security and Law Enforcement Manual s.2011 precaution on the part of the person performing or failing to perform such act taking into consideration a) Employment or occupation. b) Degree of intelligence, physical condition. and c) Other circumstances regarding persons, time and place.
failing to perform such act, taking into consideration his employment or occupation, degree of intelligence, physical condition and other circumstances regarding persons, time and place.
ELEMENTS (SIMPLE IMPRUDENCE): 1. That there is lack of precaution on the part of the offender. 2. That the damage impending to be caused is not immediate nor the danger clearly manifest.
Simple Imprudence consists in the lack of precaution displayed in those cases in which the damage impending to be caused is not immediate nor the danger clearly manifest.
judicial authority within the reglementary period of eighteen (18) hours upon detention to avoid prosecution for violation of Article 125 of the Revised Penal Code (Delay in the Delivery of Detained Persons to the Proper Judicial Authorities)
ILLUSTRATIVE CASE Facts: Reggie accidentally slammed the motorboat owned by Joyz when the former lost control of his speedboat. Reggie was charged of reckless imprudence resulting in damage to property but she denied the same alleging that the same was only an accident. Issue: Whether or not Reggie is guilty of the crime of reckless imprudence resulting in damage to property. Held: Yes. Reckless imprudence consists in voluntarily but without malice, doing or failing to do an act from which material damage results by reason of inexcusable lack of precaution on the part of the person performing or failing to perform such act. Whatever caused the loss of control of Reggie‘s speedboat is something that he can take precaution of, which, in the given situation, he failed to do.
Coast Guard Education and Training Command
Page 340
Maritime Security and Law Enforcement Manual s.2011 ILLUSTRATIVE CASE # 2 JESUS MANAHAN vs. PEOPLE OF THE PHILIPPINES G.R No. L-307010 November 7, 1988 Facts: In the afternoon of june 5, 1965, the M/L Marli III left Bayawan, Oriental Negros for Cebu. It was loaded with plywood, rattan, lumber and empty drums. The vessel was owned and operated by the Marli Plywood and Veneer Corporation. The officers and crew were Captain Jose Nunez ( one of the accused- appeliants), Irineo Macabante, Beryo Taneo, Ildefonso Nierves, Luzor Japdos, Robustiano Torreque and others. Also aboard, as guest passengers of Captain Jose Nunez were his wife, his niece Consorcia Flores, His daughter – Anabelle Nunez, his son- Nelson Nunez, Nimfa Macabente (daughter of Irineo Macabante) and his granddaughter – Ilfeda Flores. Irineo Macabante was at the wheel from from 4:00 o‘clock that afternoon until midnight. He was relieved by Ildefonso Nierves from midnight until past 2:30 o‘clock in the morning of the next day. At about 1: 00 O‘clock that morning the M/L Marli III was approaching the Lawis Lighthouse of Talisay, Cebu. Ildefonso Nierves was at the wheel while Captain Jose Nunez was standing beside him to give orders for the maneuver of the wheel. Robustiano Torreque was stationed on the top of the bridge above Ildefonso Nierves and Captain Jose Nunez, as the lookout. At past 2:00 o‘clock that morning, Robustiano Torreque observed a green light at a far distance. He notified Ildefonso Nierves through a speaker‘s tube of an approaching vessel with a green light. On order of Captain Jose Nunez, Ildefonso Nierves kept the vessel on course going 30 degrees. It was dark and only green light could be seen. Then, suddenly there was a change from green to red light of the oncoming vessel, which was later identified as M/V Pioneer Butuan under the command of Captain Jesus Manahan. Captain Jose Nunez of Marli III, ordered Ildefonzo Nierves to turn ― hard port‘‘, which means to the left. But it was too late to do so, for the M/V Pioneer Butuan was already upon them with her bow hitting the starboard side of the M/L Marli III at Hatch No. 1 near the bow. Immediately, the M/L Marli III was swamped with water and the entire body, except the top, was submerged. The vessel did not sink, because it was made of wood and was loaded with plywood, rattan, lumber and empty drums, which kept her buoyant. The impact was so violent and unexpected that the women passengers, who were sleeping on the open deck near the bridge, were thrown overboard. As a result of their exposure to the sea, Anabelle Nunez, Consorcia Flores were drowned. Nelson Nunez, Nimfa Macabante and Captain Jose Nunez suffered physical injuries.
Coast Guard Education and Training Command
Page 341
Maritime Security and Law Enforcement Manual s.2011 Captain Jesus Manahan, skipper of M/V Pioneer Butuan and Captain Jose Nuñes skipper of Mali III were charged at the Court of first Instance of Cebu with Multiple Homicide, Multiple Physical Injuries and Damage to Property thru Reckless Imprudence. During the pendency of said criminal case before the trial court, the Cebu Special Board Of Marine Accident conducted an investigation of the collision and it report was reviewed by the Board of Marine Inquiry ( BMI Case No. 41) which rendered its decision exonerating the two accused from liability. Issue: Whether or not the captains of the colliding vessel can be convicted of reckless imprudence resulting to Multiple Homecide, Multiple Physical Injuries and Damage to property. Held: Yes. Verily, administrative findings of facts are sufficient if supported by substantial evidence on record and as general rule, actions of administrative agencies need not be disturbed by the judicial department. However, in the case at the bar decision of the Board of Maritime Inquiry falls under the exception as it is not supported by substantial evidence to warrant its conclusion its conclusion ―that Captain Manahan has not committed any negligence and therefore he deserves exoneration.‖ The records show that the only basis for the conclusion of the Board was the fact, that he ―is a master mariner and without any doubt is more versed than Captain Nunez in the technique of navigation and the Rules of the Road,‖ Noteworthy is the observation of the trial court that ―the vessels were displaying the regulation lights of green and red before they came into close proximity of each other.‘‘ Therefore, Captain Manahan ― was bound to take the necessary precaution to avoid the collision.‘‘ If the look-out of the Butuan had been alert, the lights of the Marli could have been observed at the distance and the officers warned of her presence before the two vessels came together. But Captain Manahan noticed the presence of the Marli only when she was dangerously near, showing a red light. Captain Manahan thus failed to take the necessary precautions which the occasion demanded. Further, with respect to accused Jose Nunez, it is clear from the testimonies of the members of the crew of the M/L Marli III that Nunez was aware of the presence of M/V Pioneer Butuan as early as 1:00 o‘clock in the morning of June 6 1965.‖ Since it was dark at the time, it was his duty to exercise utmost diligence by carefully watching the movement of the incoming vessel and observing her lights so as to avoid a collision with her. Had Nunez been observant, as the accident took place more than an hour after he had noticed the presence of the other vessel and had taken the necessary precaution as required of him, the accident could have been prevented. Hence, Nunez is equally negligent.
Coast Guard Education and Training Command
Page 342
Maritime Security and Law Enforcement Manual s.2011 ILLUSTRATIVE CASE # 3
PNOC SHIPPING AND TRANSPORT CORPORATION vs. HONORABLE COURT OF APPEALS and MARIA EFIGENIA FISHING CORPORATION G.R. 107518 Oct 8, 1998 Facts: On 21 September 1977, while the fishing boat ―M/V Maria Efigenia‖ owned by private respondent was navigating in the vicinity of Fortune Island in Nasugbu, Batangas, on its way to Navotas, Metro Manila, said fishing boat was hit by the LSCO tanker ―Petroparcel‖ causing the former to sink. The Board of Marine Inquiry conducted an investigation of this marine investigation of this marine accident and on 21 November 1978, the Commandant of the Philippine Coast Guard, the Honorable Simeon N. Alejandro, rendered a decision finding the cause of the accident to be the reckless and imprudent manner in which Edgardo Doruelo navigated the LSCO ―Petroparcel‖ and declared the latter vessel at fault. Based on this finding by the Board and after the unsuccessful demands on petitioner, private respondent sued the LSC and the Petroparcel captain, Edgardo Doruelo, before the then Court of First Instance, and prayed of an award of P692,680.00 allegedly representing the value of the fishing nets, boat equipment and cargoes of M/V Maria Efiginia XV, with interest at the legal rate plus 25% thereof of as attorney‘s fees. Private respondent later sought the amendment of its complaint on the ground that the original complaint failed to plead for the recovery of the lost value of the hull of M/V Maria Efigenia XV. Accordingly, in the amendment complaint, private respondent averred that M/V Maria Efigenia XV had an actual value P800,000.00 and that, after deducting the insurance payment of P200, 000.00 the amount of P600,000.00 should likewise be claimed. The amended complaint also alleged that inflation resulting from the devaluation of the Philippine peso had affected the replacement value of the hull of the vessel, its equipment and its lost cargoes, such that there should be a reasonable determination thereof. Futhermore, on account of sinking of the vessel, private respondent supposedly incurred unrealized profits and lost business opportunities that would thereafter be proven.
Coast Guard Education and Training Command
Page 343
Maritime Security and Law Enforcement Manual s.2011 Issue: What are the liabilities of the owner and the captain of the vessel declared to be at fault in a collision incident?
Held: The owner and the captain of a vessel declared to be at fault in a collision incident can be made liable to all damages and losses suffered and duly proved by the complaining party. ―A party is entitled to adequate compensation only for such pecuniary loss actually suffered and duly proved. Indeed, basic is the rule that the recover actual damages, the amount of loss must not only be capable of proof but must actually be proven with a reasonable degree of certainty, premised upon competent proof or best evidence obtainable of the actual amount thereof. The claimant is duty-bound to point out specific facts that afford a basis for measuring whatever compensatory damages are borne. A court cannot merely rely on speculations, conjectures, or guesswork as to the fact and amount of damages as well as hearsay or uncorroborated testimony whose truth is suspect.‘‘ Should complainant fail to substantiate and prove the amount of actual damage, he may be rewarded nominal damages. ―Nominal damages are awarded in every obligation arising from law, contacts, quasi-contracts, acts or omissions punished by law, and quasi-delicts, or in every case where property right has been invaded. Under Article 2223 of the Civil Code, ―(t) he adjudication of nominal damages shall preclude further contest upon the right involved and all accessory questions, as between the parties to the suit, or their respective heirs and assigns.‘‘ Actually, nominal damages are damages in name only and not in fact. Where these are allowed, they are not treated as an equivalent of a wrong inflicted but simply in recognition of the existence of a technical injury. However, the amount to be awarded as nominal damages shall be equal or at least commensurate to the injury sustained by private respondent considering the concept and purpose of such damages. The amount of nominal damages to be awarded may also depend on certain special reasons extant in the case. Applying now such principles to the instant case, we have on record the fact that petitioner‘s vessel Petroparcel was at fault as well as private respondent‘s complaint claiming the amount of P692, 680.00 representing the fishing nets, boat equipment and cargoes that sunk with the M/V Maria Efigenia XV. In its amendment complaint, private respondent alleged that the vessel had an actual value of P800,000.00 but it had been paid insurance in the amount of P200, 000.00 and, therefore, it claimed only the amount of P600,000.00. Ordinarily, the receipt of insurance payments should diminished the total value of the vessel
Coast Guard Education and Training Command
Page 344
Maritime Security and Law Enforcement Manual s.2011 quoted by private respondent in his complaint considering that such payment is casually related to the loss for which it claimed compensation. This Court believes that such allegations in the original and amended complaints can be basis for determination of a fair amount of nominal damages in as much as complaint alleges the ultimate facts constituting the plaintiffs cause of action.
Coast Guard Education and Training Command
Page 345
Maritime Security and Law Enforcement Manual s.2011 PART
VII
FORMS
PCG FORM – A (Coordination Form) (Letterhead of Apprehending/Coordinating Unit) I. (To be accomplished by Apprehending/Coordinating Unit) a. Nature of Operations: _________________________________________ b. Date/Time of Coordination: ______________________________________ c. Apprehending/Coordinating Unit: ________________________________ d. Team Leader: ______________________________________________ (Rank/Surname/First Name/MI/Designation) e. Number of Personnel Involved: ___________________________________ f. Duration of Operations: _________________________________________
________________________ Signature of Team Leader II. (To be accomplished by Receiving Agency) a. Name of Agency:______________________________________________ b. Date/Time Received: __________________________________________ c. Name of Receiving Personnel: ___________________________________ (Rank/Surname/First Name/Designation) ___________________________ Signature of Receiving Personnel
Note: (To be accomplished in three (3) copies). Copy Furnish CPCG
Coast Guard Education and Training Command
Page 346
Maritime Security and Law Enforcement Manual s.2011 PCG FORM – B (Return of Warrant) REPUBLIC OF THE PHILIPPINES Department of Transportation and Communications Headquarters Philippine Coast Guard UNIT/OFFICE/DISTRICT LOGO 139 25th Street, Port Area 1018 Manila
Honorable ___________________ Presiding Judge ____________________________
___________________ Date
Sir/Madam: Respectfully return the attached Warrant of Arrest in Criminal Case No. _________________ for Violation of _____________ [Annex “A”] issued by the Honorable Court on __________________ with the information that accused, _____________________________ was arrested by elements of this unit led by _____________________________________________ inside the residence of _____________________________________. Arrested person was apprised of his constitutional rights during the arrest and then brought to the ____________________ for documentation and proper disposition. [Annex “B”]. He was referred to the PNP Crime Laboratory Group for physical and medical examination [Annex “C”] and subsequently turned over to _________________________ for temporary commitment [Annex “D”] pending the issuance of a Commitment Order by the Honorable Court. Request acknowledge receipt.
Incls: A – Warrant of Arrest in CC No. ____________ B – Booking Sheets C – Request for Physical Exam D – Request for temporary commitment E – Photo of accused
Coast Guard Education and Training Command
Very truly yours, ____________________
Page 347
Maritime Security and Law Enforcement Manual s.2011 PCG FORM – C (Application for Search Warrant) Republic of the Philippines REGIONAL TRIAL COURT NATIONAL CAPITAL JUDICIAL REGION Branch ________, City of ___________ PEOPLE OF THE PHILIPPINES, Plaintiff, -versus____________________, Respondent x----------------------------------------x
SEARCH WARRANT NO._____ FOR: Violation of Article __, RPC (State the Specific Violations)
APPLICATION FOR SEARCH WARRANT COMES NOW, the undersigned, _________________________ presently assigned at ________________________________________ and having been duly sworn to in accordance with law do hereby depose and state the following under oath: 1. That he was informed and verily believes that ________ (name of the person to be searched), who may be found at the premises _______________ (complete address of the place to be searched), is in possession or has in his control a property (subject of the offense; stolen or embezzled and other proceeds or fruits of the offense; used or intended to be used as a means of committing an offense), which he is keeping and concealing in the premises above described. 2. That the undersigned has verified the report and found it to be a fact and was confirmed to him by his witnesses, PCG Personnel _______________ and PCG Personnel _______________________, who were able to gain entry into the aforementioned premises of the respondent, and has therefore reason to believe that search warrant should be issued to enable the undersigned to take possession and bring to this Court the following described property: a. b. (Complete and detailed description of the property to be seized) 3. WHEREFORE, the undersigned prays to this Honorable Court to issue a search warrant authorizing him and or his men or any peace officer to search the premises and if machines are attached to the ground, padlock the premises described in this application and to seize and bring to this Honorable Court the personal property above described to be dealt with the full accord with existing laws. City of __________________, Philippines, ___ day of ________, 20__. __________________ Applicant RECOMMEND APPROVAL FOR FILING: ___________________________________ (Unit Head)
Coast Guard Education and Training Command
APPROVED FOR FILING: _________________________ (Commanding Officer)
Page 348
Maritime Security and Law Enforcement Manual s.2011 PCG FORM D – (Joint Affidavit) Republic of the Philippines) ____________________) x _____________________x
JOINT AFFIDAVIT
We, SN1 _______________________ and PO1 _______________, both of legal age, bonafide personnel of the Philippine Coast Guard and presently assigned with ___________________________ after having been duly sworn to in accordance with law, hereby depose and declare the following: That we were the investigators/operatives tasked to conduct necessary surveillance on (state the purpose or reasons for such surveillance) located at _______________________________. That on ______________, at around ____________, in order to ascertain the veracity of the report, we proceeded to (the exact location of the place intended to be searched), where we were able to gain entry inside the said premises (state the means employed in gaining entry into the premises) and we were able to see for ourselves the properties (subject of the offense; stolen or embezzled and other proceeds or fruits of the offense; used or intended to be used as a means of committing an offense), being kept and concealed in the above stated premises and particularly described as follows: a. b. (Complete and detailed description of the properties) That having confirmed the presence of said properties on the above stated premises, we are executing this affidavit to support our application for the issuance of a Search Warrant for the projected search and seizure of (state the properties intended to be seized) at the aforementioned address and the arrest of suspects for violation of ____________. IN WITNESS HEREOF, we affixed our signatures over our printed names below this ______ day of ________ 20__ at Manila. _______________________________ Affiant
________________________ Affiant
SUBSCRIBED AND SWORN to before ___________________ at ____________________.
me
this
________
day
of
________________________ Administering Officer This further certifies that I personally examined both affiants and I am personally satisfied that they fully read and understood its contents and that they freely and voluntarily executed the same. ________________________ Administering Officer
Coast Guard Education and Training Command
Page 349
Maritime Security and Law Enforcement Manual s.2011 PCG FORM – E (Deposition of Witnesses) Republic of the Philippines REGIONAL TRIAL COURT Branch ______, City of _______ PEOPLE OF THE PHILIPPINES, Plaintiff, -versus_______________________, Respondent x-----------------------------------------x
SEARCH WARRANT NO. ____ FOR: Violation of Article__, RPC (State the Specific Violation)
DEPOSITION OF WITNESSES We, ______________________________ after having been duly sworn to testifies, as follows: Q - What are your names and other personal circumstances? A - We are ______________ and _____________ both of legal ages, and married and single, respectively, bonafide personnel of the Philippine Coast Guard and presently assigned with the __________________________. Q - Do you know __________, the applicant for search warrant? A - Yes Sir, he is presently assigned with _________________. Q - Do you know the premises of _____________in ______? A - Yes Sir. Q - Do you have personal knowledge that in said premises the following properties are being kept, being used or intended to be used without proper document?: ______________________ ______________________ ______________________ A - Yes Sir. Q - Do you personally know who is/are the person/s who has/ have control of the abovedescribed properties? A - Yes Sir. Q - How did you know that the said properties are kept in his/her premises which are subject of the offense? A - We conducted discreet surveillance and it was confirmed that _____________ is keeping ___________________ in his/her premises/residence. __________________________________ Deponent
____________________________ Deponent
SUBSCRIBED AND SWORN to before me this ________ day of ______________ 20__ at __________________. _______________________ Administering Officer
Coast Guard Education and Training Command
Page 350
Maritime Security and Law Enforcement Manual s.2011 PCG FORM – F (Seizure Receipt) _______________ Date RECEIPT FOR PROPERTY SEIZED THIS IS TO CERTIFY that the undersigned has seized and taken possession of the property herein below described from Mr./Ms.___________, at __________________ in accordance with Search Warrant No. ______________ issued by Honorable Judge ______________ of RTC Branch __________, dated _________________ which seizure was done in the presence of Mr./Ms._____________________ to whom the original of this receipt was given, in the presence of _____________________ and ______________ as witnesses, on ______________ 20__. QUANTITY ______________________
DESCRIPTION __________________
REMARKS _________________
______________________
__________________
_________________
______________________
__________________
_________________
________________________ Signature over printed name Seizing Officer WITNESS TO SEIZURE AND INVENTORY: 1. _______________________ Signature over printed name
2. _____________________ Signature over printed name
_________________ _________________ _________________ Address _________________ Date/Time
Coast Guard Education and Training Command
Page 351
Maritime Security and Law Enforcement Manual s.2011 PCG FORM – G (Certification of Orderly Search) CERTIFICATION OF ORDERLY SEARCH TO WHOM IT MAY CONCERN: THIS IS TO CERTIFY that at about ___________________ of _________ 20__, a team from __________________ led by ________________ conducted search in my residence/premises at ___________________ by virtue of Search Warrant No. ________ issued by Judge ________________ of RTC Branch Quezon City _______________ on 20__. That I was present at all times and has witnessed the conduct of the search which was done in an orderly manner, no unnecessary force was employed, nobody was hurt nor was there anything lost nor property taken without official receipt. That the search was conducted in accordance with law and in view hereof, I do not have any complaint whatsoever against any member of the ____________________team that conducted the search. IN WITNESS WHEREOF, I/WE have hereunto affixed my/our signature this ___________ 20__ at _____________________. _______________________________________ Owner/Custodian of Property Subject of Search WITNESSES: _________________ _________________ _________________ SUBSCRIBED AND SWORN to before me ____________________ 20__ at __________________.
this
__________
day
of
CERTIFICATION THIS IS TO CERTIFY that I have personally examined the herein affiant and I am fully satisfied that he/she voluntarily executed and understood his/her statement. ________________________ Administering Officer
Coast Guard Education and Training Command
Page 352
Maritime Security and Law Enforcement Manual s.2011 PCG FORM – H (Compliance/Return of Search Warrant) Republic of the Philippines REGIONAL TRIAL COURT Branch ______, City of _______ PEOPLE OF THE PHILIPPINES, Plaintiff, -versus__________________________, Respondent. x--------------------------------------------x
SEARCH WARRANT NO. ____ FOR: Violation of Article __,RPC (State the Specific Violations)
COMPLIANCE/RETURN OF SEARCH WARRANT COMES NOW, the undersigned Lieutenant Commander _________________ of the ___________________________, and unto this Honorable Court, most respectfully return the original Search Warrant No. __________ duly issued by this Honorable Court dated ____________ and manifest that: On ___________, at about ______________, a Search Warrant issued by this Honorable Court was served at the premises of the above-named respondent at _________________. (Annex A) search:
The following articles, subject of the warrant, were found by the said office during the A.
All the articles confiscated were under proper receipts and are now in the custody of the undersigned. WHEREOF, it is respectfully prayed of this Honorable Court that the return of the Search Warrant No. _______ be accepted and granting the undersigned to have the custody of the aforecited articles until the termination of the investigation. Port Area, Manila, this _____________. _______________________ Applicant REPUBLIC OF THE PHILIPPINES) ___________________________-------------------------------x VERIFICATION I, ___________________________, after having been sworn to in accordance with law, hereby depose and say: That all the allegations contained on the Compliance/Return of the Search Warrant are true and correct and are of my personal knowledge.
SUBSCRIBED _________________.
AND
SWORN
to
before
me
________________________ Applicant this ____ day of _________
at
_______________________ Administering Officer
Coast Guard Education and Training Command
Page 353
Maritime Security and Law Enforcement Manual s.2011 PCG FORM – I (SWORN STATEMENT) MALAYA AT KUSANG LOOB NA SALAYSAY NI ____________ NA BINIGAY KAY _____________________________ DITO SA HIMPILAN NG______________________________NGAYONG________________ HUMIGIT KUMULANG _______________ NG _______ SA HARAPAN NI ___________________________ AT____________________. x----------------------------------------------------------------------------------------------------x PASUBALI: __________________, ikaw ngayon ay nahaharap sa isang pagsisiyasat na may kaugnayan sa kasong paglabag sa ___________________. Bago natin ipagpatuloy ang pagsisiyasat na ito, nais ko munang ipaalam sa iyo ang iyong mga karapatan alinsunod sa itinadhana ng umiiral na Bagong Saligang Batas ng Republika ng Pilipinas na nagsasaad ng mga sumusunod na karapatan: a. Na ikaw ay may karapatang manahimik o di kaya huwag sumagot sa lahat ng aking itatanong sa iyo. Naiintindihan mo ba ito? SAGOT: Opo. _________________ b. Na ikaw ay may karapatang kumuha ng isang abogado na iyong pinili at kung wala kang makuhang sarili mong abogado, ang opisinang ito ay nakahandang bigyan ka ng isang libreng abogado upang siya ang iyong maging gabay o patnubay sa imbestigasyong ito. Naiintindihan mo ba ito? SAGOT: Opo. _________________ c. Na ikaw ay may karapatang malaman na ang iyong mga karapatang itinadhana ng ating Bagong Saligang Batas at ang dahilan ng imbestigasyon na ito at ang lahat ng iyong sasabihin dito ay maaring gamitin pabor o laban sa iyo sa lahat ng hukuman dito sa Pilipinas. SAGOT: Opo. ________________ TANONG 1: __________________, matapos kong maipabatid sa iyo ang iyong mga karapatan pantao na naaayon sa ating Bagong Saligang Batas, ang mga ito ba ay iyong nauunawaan? SAGOT 1: Opo. _______________ T2: Nais mo bang ipagpatuloy ang pagsisiyasat na ito? SAGOT 2: Opo. _______________ T3: Kung gayon, ikaw ba ay nakahandang magbigay ng iyong malaya at kusang loob na salaysay na ito sa harap ng mga saksi? SAGOT3 : Opo. _______________ T4: Kailangang mo pa ba ang patnubayan ng isang abogado sa pagsisiyasat na ito? SAGOT 4: Opo. _______________
Coast Guard Education and Training Command
Page 354
Maritime Security and Law Enforcement Manual s.2011 T5: Mayroon ka bang napiling abogado na siyang gagabay sa iyo sa pagsisiyasat na ito? SAGOT 5: Opo. ______________ T6: Sino naman ang abogadong napili mo? SAGOT 6: Si Atty. _________________ po. T7: Nakahanda ka bang lumagda sa isang pagpapatunay na ikaw ay magbibigay ng iyong malaya at kusang loob na salaysay sa harapan ng iyong piling abogado na si Atty. _________________, na hindi ka pinilit, tinakot, o di kaya ay pinangakuan ng ano pa mang pabuya kapalit ng gagawain mong salaysay? SAGOT 7: Opo. _______________ T8: Ikaw ba ay nakahandang magsabi ng katotohanan at pawang katotohanan lamang? SAGOT 8: Opo. _____________ PAGPAPATUNAY Ako, si _____________________________, ___ taong, nakatira sa _____________________________, ay pinaliwanawagan ni _________________________ ng aking mga karapatan na itinadhana alinsunod sa ating Bagong Saligang Batas at ang lahat ng ito ay naganap sa harap ng aking piling abogado na si Atty. ______________. Ang lahat ng ito ay aking naunawaan. Ako ay hindi tinakot, pinilit, o di kaya ay pinangakuan ng ano pa mang bagay of pabuya kapalit ng aking salaysay. _____________________ Nagsasalaysay Nagbigay ng Patnubay: __________________ Atty. ______________
Coast Guard Education and Training Command
Page 355
Maritime Security and Law Enforcement Manual s.2011 PCG FORM – J (Sample Affidavit of Arrest – Blank Form) REPUBLIC OF THE PHILIPPINES) PROVINCE OF ______________ ) CITY/MUNICIPALITY OF _______) S.S.
JOINT AFFIDAVIT OF APPREHENSION We, _______________________ and _______________, both of legal age, bonafide members of the Philippine Coast Guard and presently assigned with ___________________________ after having been duly sworn to in accordance with law, hereby depose and declare the following: 1. 2. 3. 4.
We, ________________________ and ___________________ are part of the PCG arresting and boarding team. (Narrate the exact location of the arrest, the manner of arrest, persons arrested, Chronological events) (Specifically describe seized articles, contrabands and properties) We are executing this joint affidavit of apprehension to attest the truthfulness of foregoing facts.
IN WITNESS WHEREOF, we have hereunto signed our name this ___ day of ____________. _______________________ ________________________
Affiant
Affiant
SUBSCRIBED AND SWORN to before me this _____ day of ___________ affiants exhibiting to me their ______________________, ____________________ issued on _______________________ and ___________________ at Davao City, Davao, Philippines. Administering Officer/Assistant City/Provincial Prosecutor CERTIFICATION I HEREBY certify that I have personally examined the affiants and I am satisfied that they voluntarily executed and understood their joint affidavit.
Administering Officer/Assistant City/Provincial Prosecutor
Coast Guard Education and Training Command
Page 356
Maritime Security and Law Enforcement Manual s.2011 PCG FORM – K (After-Operations Report - PCG Assistance in Implementation of Final Decisions/ Orders or Resolutions)
Manila, 1018 For From Via
DEPARTMENT OF TRANSPORTATION AND COMMUNICATIONS PUNONGHIMPILAN TANOD BAYBAYIN NG PILIPINAS (Headquarters Philippine Coast Guard) 139 25th Street, Port Area
: Commandant, CPCG : LCDR ESTAQUIO L BABILLO PCG : CCGS
30 November 2009
Subj: After Operations Report re Request for Assistance in the Implementation of DOTC Resolution NR. 1234 Refs: a) C, CGLS ltr dtd 21 July 2010; b) CPCG letter to C,CGDSTL dtd 02 August 2010; c) C, CGDSTL ltr dtd 05 August 2010; d) CGLS Ltr dtd 05 August 2010; 1. Ref a) pertains to MARINA Memorandum in re: MARINA Resolution Nr 1234 requesting PCG assistance to stop the illegal shipbreaking activities being conducted in Pier 2, Sta. Clara, Batangas. 2. Ref b) pertains to CPCG directive to C, CGDSTL dtd 02 August 2010 to render assistance to stop said illegal shipbreaking activities. 3. Ref c) pertains to C, CGDSTL report on said assistance that the CGDSTL has rendered. 4. Ref d) pertains to the report by Station Commander, CGS Batangas on the stoppage of the illegal shipbreaking activities. 6. On 12-15 November 2009, herein officer together with his team proceeded to render assistance in the cessation of the illegal shipbreaking activities as requested by MARINA and accordingly, pertinent evidence were gathered pursuant to said directive. 7. Based on the foregoing, the following are recommended: a. Develop procedures on the networking and close coordination among the concerned agencies both local and national performing maritime safety-related functions in order to come up with a unified effort and a more holistic approach in addressing maritime safety-related matters such as shipbreaking activities. b. For imposition of appropriate administrative fines/penalties on the Shipowner, the Captain and its crew should the MARINA Board find them guilty of violating any of the provisions under para 5 of MARINA Nr. 001-2006. ESTAQUIO L BABILLO LCDR PCG
Coast Guard Education and Training Command
Page 357
Maritime Security and Law Enforcement Manual s.2011 PCG FORM – L (Request for Preliminary Investigation and Waiver of Article 125, Revised Penal Code) Republic of the Philippines Department of Justice OFFICE OF THE CITY/PROVINCIAL PROSECUTOR City/Province of __________ ____________________ Complainant, -versus_____________________, Respondent x---------------------------------x
I.S. No. ____________________ FOR: Violation of Article____, RPC (State the Specific Violations)
REQUEST FOR PRELIMINARY INVESTIGATION AND WAIVER OF ARTICLE 125, REVISED PENAL CODE I, ________________________, respondent in the above entitled complaint, and with the assistance of my counsel, wish to avail myself of my right to a preliminary investigation and for this purpose, I hereby voluntarily waive my rights under the provisions of Article 125 of the Revised Penal Code. Pending the completion of the preliminary investigation proceedings, I agree to remain under police custody. _____________, Philippines ____________________, 20__ _______________________ Respondent (Signature over printed name) ASSISTED BY: __________________ Counsel (Signature over printed name) Address _____________________________ Tel No. __________________ Rolls of Attorney No. _______
Coast Guard Education and Training Command
Page 358
Maritime Security and Law Enforcement Manual s.2011
Coast Guard Education and Training Command
Page 359
Maritime Security and Law Enforcement Manual s.2011
Coast Guard Education and Training Command
Page 360
Maritime Security and Law Enforcement Manual s.2011
Coast Guard Education and Training Command
Page 361
Maritime Security and Law Enforcement Manual s.2011
Coast Guard Education and Training Command
Page 362
Maritime Security and Law Enforcement Manual s.2011
Coast Guard Education and Training Command
Page 363
Maritime Security and Law Enforcement Manual s.2011
Coast Guard Education and Training Command
Page 364
Maritime Security and Law Enforcement Manual s.2011
Coast Guard Education and Training Command
Page 365
Maritime Security and Law Enforcement Manual s.2011
Coast Guard Education and Training Command
Page 366
Maritime Security and Law Enforcement Manual s.2011
Coast Guard Education and Training Command
Page 367
Maritime Security and Law Enforcement Manual s.2011
Coast Guard Education and Training Command
Page 368
Maritime Security and Law Enforcement Manual s.2011 PCG FORM R – (Sample Complaint-Affidavit/s Blank Form) REPUBLIC OF THE PHILIPPINES) MANILA ) S.S. COMPLAINT –AFFIDAVIT
I, Name of Affiant , Filipino, of legal age, and residing in Address, after having been sworn to in accordance with law, do hereby depose and state that: 1. I am assigned at Coast Guard Station, _______________ as ____________________. 2. That on ___, at around __________ (narrate the factual events in chronological manner
Note: In preparing affidavits avoid stating conclusions of law narrate only the factual circumstances leading to the violation of the law i.e. Petra killed Pepay – this is a conclusion of law instead you could state that you saw Petra holding a knife and stabbing Pepay at the back three times- this is a narration of facts as perceived by a witness) 3. In view of the foregoing, I am executing this affidavit in order to charge name of the accused for violation of state specifically the laws violated.
SUBSCRIBED AND SWORN to before me this ________ day of _______________ at ____________________. ___________________________ Administering Officer /Provincial Prosecutor
Coast Guard Education and Training Command
Page 369
Maritime Security and Law Enforcement Manual s.2011 PART
VIII
ANNEXES
Coast Guard Education and Training Command
Page 370
Maritime Security and Law Enforcement Manual s.2011 PART
IX
REFERENCES and BIBLIOGRAPHY
Laws and Conventions Republic Act No. 9993 (PCG Law of 2009) Implementing Laws and Regulations (IRR) of RA No. 9993 (2011) Republic Act 9483 (Oil Pollution Compensation Act of 2007) Republic Act 4850 (Laguna Lake Development Authority) Republic Act 9275 (Philippine Clean Water Act of 2004) Republic Act 9208 (Anti-Trafficking In Persons Act of 2003) Republic Act 9165 (Comprehensive Dangerous Drugs Act of 2002) Republic Act 9157 (Wildlife Resources Conservation and Protection) Republic Act 9372 (Anti-Terrorism) Republic Act 6969 (Toxic Substances and Hazardous and Nuclear Wastes Control Act Of 1990) Republic Act 7183 (Firecrackers Law) Republic Act No. 8550 (Fisheries Laws) Presidential Decree 705 (Forestry Reform Code Of The Philippines) Presidential Decree 856 (Sanitation Code of the Philippines) Presidential Decree 979 (Marine Pollution Decree) Presidential Decree (Forestry Laws) Presidential Decree 979 (Toxic Substances and Hazardous and Nuclear Wastes Control Act of 1990) Presidential Decree 984 (Pollution Control Law) Presidential Decree 1464 (Tariff and Customs Code of the Philippines) CA 613 as amended (Philippine Immigration Act of 1949) Presidential Decree 532 in relation to ART. 122, REVISED PENAL CODE (Piracy) PCG Memorandum Circulars Philippine National Police Operational Procedures Manual of 2010 Philippine National Police Investigative Manual (1992 ed.) Philippine Navy Manual on Enforcement of Maritime Laws dated July 1979 Convention for the Suppression of Unlawful Acts Against the Safety of Maritime Navigation, 1988
United Nations Convention on the Law of the Sea (UNCLOS) (1982).
Coast Guard Education and Training Command
Page 371
Maritime Security and Law Enforcement Manual s.2011 Books, Journals and Articles Abhyankar, J Maritime Crime in M.Q. Mejia Jr. (ed.), Contemporary Issue in Maritime Security , Malmo, Sweden: WMU Publications,2005. Beckman, N R.C. (2002) Combating Piracy and Armed Robbery Against Ships in Southeast Asia: The Way Forward‖, Ocean Development and International Law, Vol. 33, Nos 3-4. Canivel, Jose Andres A. et. al, Mending Nets Abhyankar, J., Maritime Crime, in Mejia, M.Q., Ed. (2005). Contemporary issues in maritime security. Malmö, Sweden: WMU Publications. Beckman, R.C. (2002). "Combating piracy and armed robbery against ships in Southeast Asia—the way forward", Ocean Development and International Law, 33(3/4) Birnie, P.W. (1987). "Piracy—past, present and future", Marine Policy, 11(3): Comité Maritime Internationale (2001). Model national law on acts of piracy or maritime violence. Dillon, D. (2005). "Maritime piracy: defining the problem", SAIS Review, XXV(1) Dubner, B.H. (1980). The law of international sea piracy. Publishers.
The Hague: Martinus Nijhoff
Guevara, S. (1991). Legal Forms, Annotated (15th ed.), Rex Bookstore, Rex Printing Company, Inc. Manila, Philippines Halberstam, M. (1988). "Terrorism on the high seas: theAchille Lauro, piracy and the IMO convention on maritime safety", American journal of International Law, 82 Domondon, Abelardo T. (2004) Bar Reviewer in Taxation Volume I, Rex Bookstore, Rex Printing Company, Inc. Manila, Philippines Hawkes, (1989) Maritime Security, Centreville, Maryland, USA: Cornell Maritime Press International Maritime Bureau (IMB), Piracy and Armed Robbery against Ship Annual Report 1 January- 31 December 2008, London, UK: ICC International Bureau, 2009 Mukherjee, P.K., M.Q. Mejia, G.M. Gauci, Eds. (2002). Maritime violence and other security issues at sea. Malmö, Sweden: WMU Publications. Mejia, M.Q. (2003). Maritime gerrymandering: dilemmas in defining piracy, terrorism, and other acts of maritime violence. Journal of International Commercial Law Mejia, M.Q., Ed. (2005). Contemporary issues in maritime security. Malmö, Sweden: WMU Publications. Mejia Jr M, Mukherjee, P.K (2006) ―The SUA Convention, 2005: A critical evaluation of its Effectiveness in Suppressing Maritime Criminal Acts,‖ Journal of International Maritime Law, Vol.12, No.3, 2006
Coast Guard Education and Training Command
Page 372
Maritime Security and Law Enforcement Manual s.2011 Mejia, M.Q., Xu, J.J., Eds. (2007), Coastal zone piracy and other unlawful acts at sea. MalmĂś: WMU Publications.
Ergonomics, Economics and the Law: The International Regime of Maritime Security, WMU Research Report Series No.1, Malmo Mukhejee, PK, Mejia, M, Xu, J (2009). Sweden.
Menefee, S.P. (1999). "Anti-piracy Law in the Year of the Ocean: problems and opportunity".
ILSA Journal of International and Comparative Law, 5(2)
Osena, M A S. (2007), The Quickfinder Criminal Law, Rex Bookstore, Rex Printing Company, Inc. Manila, Philippines Reyes, L.B. (1993), Revised Penal Code of the Philippines Annotated (Books 1 and 2), (13th ed.) Rex Bookstore, Rex Printing Company, Inc. Manila, Philippines Rubin, A.P. (1998). The law of piracy (2nd Edition). New York: Transnational Publishers Sandoval, Edilberto Handbook on Criminal Laws Sundberg, J. W. F. (1999). "Piracy," pp. 803-817, in Bassiounni M.C. (Ed.), International Criminal Law (2nd Ed.), Ardsley, New York: Transnational Publishers. Ticman, Jr.Modesto A. (2007) Updates in Criminal Law (2nd ed.), Rex Bookstore, Rex Printing Company, Inc. Manila, Philippines Unpublished Maritime Security Reaction Team Course Student Manual (2000) by Science Application, International Corporation under the auspices of the United States Diplomatic Security Service, Internet Sources: The Philippines and the Archipelagic Doctrines . Retrieved 12 April, 2011 from World Wide Web http://politicsandgovernance.blogspot.com/2010/06/philippines-and-archipelagicdoctrine.html Somali pirates 'free arms ship‗. BBC News . Retrieved 28 March 2011 from World Wide Web http://news.bbc.co.uk/2/hi/7873034.stm Piracy off the Coast of Somalia. IMO. London. Retrieved 29 March 2011 from World Wide Web http://www.imo.org/home.asp?topic_id=1178 Somalia asks Russia for help with pirates. CNN. Retrieved 29 March 2011 from WWW http://edition.cnn.com/2008/WORLD/africa/10/01/Russia.Somalipirates/ index.html?iref=newssearch Philippine Supreme Court Cases retrieved from lawphil.net and chanrobles.com
Coast Guard Education and Training Command
Page 373
Maritime Security and Law Enforcement Manual s.2011 LIST OF CASES: PEOPLE vs SUCRO, 195 SCRA 388, 1991 PEOPLE OF THE PHILS vs JOEL ELAMPARO (G.R. No. 121572 dtd March 31, 2000) PEOPLE OF THE PHILIPPINES, vs. ROEL ENCINADA (G.R. No. 116720 dtd October 2, 1997) ROBIN PADILLA vs. COURT OF APPEALS (GR. No. 121917 dtd March 12, 1997) PP OF THE PHILS vs MICHAEL SEMBRANO (G.R. No. 185848, August 16, 2010) PP OF THE PHILS, vs BERNARDO TUAZON Y NICOLAS (G.R. No. 175783, Sept 3, 2007) OLYMPIO REVALDO vs PEOPLE OF THE PHILIPPINES (G.R. No. 170589, April 16, 2009) PEOPLE OF THE PHILIPPINES vs. AGUSTIN SOTTO (G.R. No. 106099 July 8, 1997) SUSAN ESQUILLO Y ROMINES vs. PEOPLE (G.R. No. 182010, August 25, 2010) PP. OF THE PHILS, vs ROLANDO DE GRACIA et. al. (G.R. Nos. 102009-10, July 6, 1994) PP OF THE PHILS, vs LITA AYANGAO y BATONG-OG, (G.R. No. 142356 April 14, 2004) PEOPLE OF THE PHILIPPINES, vs. JACK RACHO (G.R. No. 186529 August 3, 2010) HARRY S. STONEHILL vs.HON. JOSE W. DIOKNO (G.R. No. L-19550 June 19, 1967) PEOPLE OF THE PHILIPPINES vs. ROSA ARUTA (G.R. No. 120915 April 3, 1998) PP vs. RODOLFO DE LA CRUZ (GR. Nos. 118866-68 Sept. 17, 1997) MMDA, et al. vs. CONCERNED RESIDENTS OF MANILA BAY, et al [G.R. Nos. 171947-48 December 18, 2008] PEOPLE OF THE PHILIPPINES vs. ROGER P. TULIN ENRIQUE "TOTOY" RIVERA Y DE GUZMAN vs. PEOPLE OF THE PHILIPPINES G.R. No. 138553, June 30, 2005 PEOPLE OF THE PHILIPPINES vs. JUDITH JATULAN (G.R. No. 171653 April 24, 2007)
Coast Guard Education and Training Command
Page 374
Maritime Security and Law Enforcement Manual s.2011 PART
X
GLOSSARY
BASE LINE – the low-water line along the coast as marked on large-scale charts officially recognized by the coastal state. This is either the low-water mark closest to the shore, or alternatively it may be an unlimited distance from permanently exposed land, provided that some portion of elevations exposed at low tide but covered at high tide (like mud flats) is within 12 nautical miles (22 km; 14 mi) of permanently exposed land. Straight baselines can alternatively be defined connecting fringing islands along a coast, across the mouths of rivers, or with certain restrictions across the mouths of bays. In this case, a bay is defined as "a well-marked indentation whose penetration is in such proportion to the width of its mouth as to contain land-locked waters and constitute more than a mere curvature of the coast. An indentation shall not, however, be regarded as a bay unless its area is as large as, or larger than, that of the semi-circle whose diameter is a line drawn across the mouth of that indentation". The baseline across the bay must also be no more than 24 nautical miles (44 km; 28 mi) in length. CLEAN-UP OPERATIONS – activities involving the removal of pollutants discharged or spilled into a water body and its surrounding areas, and the restoration of the affected areas to their former physical, chemical and biological state or conditions. (PHILIPPINE CLEAN WATER ACT OF 2004) COASTAL AREA/ZONE – a band of dry land and adjacent ocean space (water and submerged land) in which terrestrial processes and uses directly affect oceanic processes and uses, and vice versa; its geographic extent may include areas within a landmark limit of one (1) kilometer from the shoreline at high tide to include mangrove swamps, brackish water ponds, nipa swamps, estuarine rivers, sandy beaches and other areas within a seaward limit of 200 meters isobaths to include coral reefs, algal flats, seagrass beds and other soft-bottom areas. (FISHERIES LAW) CONSERVATION – preservation and sustainable utilization of wildlife, and/or maintenance, restoration and enhancement of the habitat (WILDLIFE RESOURCES CONSERVATION AND PROTECTION ACT). CONTAMINATION – the production of substances not found in the natural composition of water that make the water less desirable or unfit desirable or unfit for intended use. (PHILIPPINE CLEAN WATER ACT OF 2004)
Coast Guard Education and Training Command
Page 375
Maritime Security and Law Enforcement Manual s.2011 CONTIGUOUS ZONE – a band of water extending from the outer edge of the territorial sea to up to 24 nautical miles (44 km; 28 mi) from the baseline, within which a state can exert limited control for the purpose of preventing or punishing "infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea CRITICALLY ENDANGERED SPECIES – species or subspecies that is facing extremely high risk of extinction in the wild in the immediate future (WILDLIFE RESOURCES CONSERVATION AND PROTECTION ACT) DISCHARGE – Includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying or dumping but does not include discharge of effluent from industrial or manufacturing establishments, or mill of any kind (MARINE POLLUTION DECREE) DUMPING – any deliberate disposal at sea and into navigable waters of wastes or other matter from vessels, aircraft, platforms or other man-made structures at sea, including the disposal of wastes or other matter directly arising from or related to the exploration, exploitation and associated off-shore processing of sea bed mineral resources unless the same is permitted and/or regulated (MARINE POLLUTION DECREE) ECONOMICALLY IMPORTANT SPECIES – species or subspecies which have actual or potential value in trade or utilization for commercial purpose (WILDLIFE RESOURCES CONSERVATION AND PROTECTION ACT) ENDANGERED SPECIES – Species or subspecies that is not critically endangered but whose survival in the wild is unlikely if the causal factors continue operating ENDEMIC SPECIES – species or subspecies which is naturally occurring and found only within specific areas in the country (WILDLIFE RESOURCES CONSERVATION AND PROTECTION ACT) EXCLUSIVE ECONOMIC ZONE – extends from the outer limit of the territorial sea to a maximum of 200 nautical miles (370.4 km) from the territorial sea baseline, thus it includes the contiguous zone. A coastal nation has control of all economic resources within its exclusive economic zone, including fishing, mining, oil exploration, and any pollution of those resources. However, it cannot prohibit passage or loitering above, on, or under the surface of the sea that is in compliance with the laws and regulations adopted by the coastal State in accordance with the provisions of the UN Convention, within that portion of its exclusive economic zone beyond its territorial sea.
Coast Guard Education and Training Command
Page 376
Maritime Security and Law Enforcement Manual s.2011 EXOTIC SPECIES – species or subspecies which do not naturally occur in the country (WILDLIFE RESOURCES CONSERVATION AND PROTECTION ACT) FINE MESH NET – net with mesh size of less than three centimeters (3 cm.) measured between two (2) opposite knots of a full mesh when stretched or as otherwise determined by the appropriate government agency (FISHERIES LAW) FISHING WITH EXPLOSIVES – the use of the dynamite, other explosives or other chemical compounds that contains combustible elements or ingredients which upon ignition by friction, concussion, percussion or detonation of all or parts of the compound will kill, stupefy, disable or render unconscious any fishery species. It also refers to the use of any other substance and/or device which causes an explosion that is capable of producing the said harmful effects on any fishery species and aquatic resources and capable of damaging and altering the natural habitat (FISHERIES LAW) FISHING WITH NOXIOUS OR POISONOUS SUBSTANCES – use of any substance, plant extracts or juice thereof, sodium cyanide and/or cyanide compounds or other chemicals either in a raw or processed form, harmful or harmless to human beings, which will kill, stupefy, disable or render unconscious any fishery species and aquatic resources and capable of damaging and altering the natural habitat. (FISHERIES LAW) FORESHORE LAND – a string of land margining a body of water: the part of a seashore between the low-water line usually at the seaward margin of a low tide terraces and the upper limit of wave wash at high tide usually marked by a beach scarp or berm (FISHERIES LAW) FOREST RESERVES – those lands of the public domain which have been the subject of the present system of classification and determined to be needed for forest purposes (FORESTRY REFORM CODE OF THE PHILIPPINES) HABITAT – place or environment where species or subspecies naturally occur or has naturally established its population (WILDLIFE RESOURCES CONSERVATION AND PROTECTION ACT) HAZARDOUS WASTES – substances that are without any safe commercial, industrial, agricultural or economic usage and are shipped, transported or brought from the country of origin for dumping or disposal into or in transit through any part of the territory of the Philippines
(TOXIC SUBSTANCES AND
HAZARDOUS AND NUCLEAR WASTES CONTROL ACT OF 1990)
Coast Guard Education and Training Command
Page 377
Maritime Security and Law Enforcement Manual s.2011 HOT PURSUIT – in an international treaty law, laws of federal states, or other legal rules governing cross-border police operations, when law enforcement officers and agents of one jurisdiction are allowed to cross the border into another jurisdiction in a pursuit of a fleeing criminal or for preventive police purposes. IMPORTATION – the entry of a products or substances into the Philippines (through the seaports or airports of entry) after having been properly cleared through or still remaining under customs control, the product or substance of which is intended for direct consumption, merchandising, warehousing, or for further processing (TOXIC SUBSTANCES AND HAZARDOUS AND NUCLEAR WASTES CONTROL ACT OF 1990) INDUSTRIAL WASTE – any solid, semi-solid or liquid waste material with no commercial value released by a manufacturing or processing plant other than excluded material. (PHILIPPINE CLEAN WATER ACT OF 2004) IN FLAGRANTE DELICTO – when a person is apprehended at the very moment he is committing or attempting to commit or has just committed an offense in the presence of the arresting officer. INDIGENOUS WILDLIFE – species or subspecies of wildlife naturally occurring or has naturally established population in the country (WILDLIFE RESOURCES CONSERVATION AND PROTECTION ACT) INTERNAL WATERS – Waters landward of the baseline over which the state has complete jurisdiction: not even innocent passage is allowed. Lakes and rivers are considered internal waters, as are all "archipelagic waters" within the outermost islands of an archipelagic state. MANGROVES – a community of intertidal plants including all species of trees shrubs, vines and herbs found on coasts swamps or border of swamps (FISHERIES LAW) MANUFACTURE - the mechanical or chemical transformation of substances into new products whether work is performed by power-driven machines or by hand, whether it is done in a factory or in the worker's home, and whether the products are sold at wholesale or retail. (TOXIC SUBSTANCES AND HAZARDOUS AND NUCLEAR WASTES CONTROL ACT OF 1990) NAVIGABLE WATERS – the waters of the Philippines, including the territorial sea and inland waters which are presently, or be in the future susceptible for use by watercraft. (MARINE POLLUTION DECREE)
Coast Guard Education and Training Command
Page 378
Maritime Security and Law Enforcement Manual s.2011 PLAIN VIEW DOCTRINE – provides that objects falling in "plain view" of an officer who has a right to be in the position to have that view are subject to seizure and may be presented as evidence. POLLUTANT – shall refer to any substance, whether solid, liquid, gaseous or radioactive, which directly or indirectly: (i) alters the quality of any segment of the receiving water body to affect or tend to affect adversely any beneficial use thereof; (ii) is hazardous or potential hazardous to health; (iii) imparts objectionable odor, temperature change, or physical, chemical or biological change to any segment of the water body; or (iv) is in excess of the allowable limits, concentrations, or quality standards specified, or in contravention of the condition, limitation or restriction prescribed in the PHILIPPINE CLEAN WATER ACT OF 2004 PUBLIC FOREST – the mass of lands of the public domain which has not been the subject of the present system of classification for the determination of which lands are needed for forest purposes and which are not (FORESTRY REFORM CODE OF THE PHILIPPINES) REFUSE – garbage, waste, wood residues, sand, lime cinder ashes, offal, nightsoil, tar, dye stuffs, acids, chemicals and substances other than sewage and industrial wastes that may cause pollution (MARINE POLLUTION DECREE) SELECTIVE LOGGING – the systematic removal of the mature, over-mature and defective trees in such manner as to leave adequate number and volume of healthy residual trees of the desired species necessary to assure a future crop of timber, and forest cover for the protection and conservation of soil and water (FORESTRY REFORM CODE OF THE PHILIPPINES) THREATENED SPECIES – a general term to denote species or subspecies considered as critically endangered, endangered, vulnerable or other accepted categories of wildlife whose population is at risk of extinction (WILDLIFE RESOURCES CONSERVATION AND PROTECTION ACT) TERRITORIAL SEA – Extends up to 12 nautical miles from a state‘s baseline
Coast Guard Education and Training Command
Page 379
Maritime Security and Law Enforcement Manual s.2011 TRADE – the act of engaging in the exchange, exportation or importation, purchase or sale of wildlife, their derivatives or by-products, locally or internationally (WILDLIFE RESOURCES CONSERVATION AND PROTECTION ACT) VESSEL – every description of watercraft, or other artificial contrivance used, or capable of being used, as a means of transportation on water. VULNERABLE SPECIES – species or subspecies that is not critically endangered nor endangered but is under threat from adverse factors throughout their range and is likely to move to the endangered category in the near future (WILDLIFE RESOURCES CONSERVATION AND PROTECTION ACT) WASTE – any material either solid, liquid, semisolid, contained gas or other forms resulting industrial, commercial, mining or agricultural operations, or from community and household activities that is devoid of usage and discarded. (PHILIPPINE CLEAN WATER ACT OF 2004) WATER POLLUTION – any alteration of the physical, chemical, biological, or radiological properties of a water body resulting in the impairment of its purity or quality (PHILIPPINE CLEAN WATER ACT OF 2004) WILDLIFE – wild forms and varieties of flora and fauna, in all developmental stages, including those which are in captivity or are being bred or propagated (WILDLIFE RESOURCES CONSERVATION AND PROTECTION ACT)
Coast Guard Education and Training Command
Page 380