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Republic of the Philippines

City of Taguig
Gen. Santos Avenue, Central Bicutan, Taguig City

Taguig City University


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Chapter 1

THE PROBLEM AND ITS BACKGROUND

Introduction

The Philippine National Police (PNP) which is one of the pillars of the Criminal

Justice System in the country, is the most visible agency in the matter of crime

prevention, suppression and control. The operational efficiency of law enforcement

agencies, principally lies in its efficiency to investigate criminal cases, with the objectives

of identifying the perpetrators, filing the appropriate criminal cases against them and

arresting them, so that, they may be made to answer for their offences before courts of

law.

At the cutting-edge levels of policing, the police organization in the Philippines, as

throughout the world, has a universal duty and responsibility of preserving the rights of

people and in bringing justice to all non-conformist who violate the law of the society

where they live.

To improve and strengthen police operations that are geared towards patrol, law

enforcement, internal security and public safety, every police officer should be equipped

with the necessary procedures and mechanics to efficiently carry out police operations

into a more responsive and attuned to the demands of law enforcement and
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peacekeeping; faithfully observe the rule of law; and uphold the rights of victims and

other individuals, including criminals.

On the other hand, the role of the police is more pronounced in democratic

societies where it plays a major role in the maintenance and promotion of order, safety

and protection as vividly manifested in Section 2 of the Republic Act No. 6975. Likewise,

the police force shall be organized, trained and equipped primarily for the performance of

police functions.

As stated by the then Chief, Philippine National Police Director General Ronald

“Bato” Marapon Dela Rosa, an extensive training and reorientation in all the aspects of

police work is extremely necessary because the policeman is the guardian of the people,

and he must learn to appreciate the value of selfless dedication to duty in the exercise of

his role and function.

However, it is an irrefutable fact that almost all daily newspapers today that carry

news reports on crimes committed, oftentimes involving either military or police officers.

This involvement of officers of the law is a clear manifestation that the discipline they

developed while under training has been impaired or it could be that they have not

developed any discipline at all.

Against the background of adverse publicity and endless criticisms constantly

received by the police and other law enforcement agencies, particularly, in its seeming

inability to curb crimes and arrest criminals, there is indeed a need to take closer look on

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City of Taguig
Gen. Santos Avenue, Central Bicutan, Taguig City

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the conduct of the service of warrants of arrest which is one of the main functions of

police work.

As cited by Berman (2015), an arrest warrant is an official document, signed by

a judge (or magistrate), which authorizes a police officer to arrest the person or people

named in the warrant. Warrants typically identify the crime for which an arrest has been

authorized, and may restrict the manner in which an arrest may be made. Some warrants

also specify the bail that a defendant must post to regain freedom following arrest. If the

warrant is for a previous failure of the suspect to appear in court—called a bench warrant

—it will probably specify that the arrested person may not be released on bail at all

(sometimes termed a "no-bail warrant").

In Section 1, Rule 14 of the PNP Operational Procedures (POP) Manual (2010), it

stated that all arrests should be made only on the basis of a valid Warrant of Arrest

issued by a competent authority, except in instances where the law allows warrantless

arrest. Additionally, 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.

Further, at all stages of the criminal process, including arrest, police officers must

protect citizens' constitutional rights, such as the right to remain silent and the right to be

free from unreasonable searches. If these rights are violated, a court may deem the
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arrest unlawful and order the case against the arrestee dismissed, or certain evidence

may be thrown out of the case (Reuters, 2017).

Figure 1 Map of Eastern Police District

Background of the Study

It is commonly assumed that once the person is charged with a crime, the rest

of the justice system will work and the person will be held accountable for the violation.

What is often unknown, and sometimes ignored, is the fact that many individuals are
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never held accountable for their crimes because there is a lack of responsibility in holding

persons answerable after the initial court process. An individual may be brought into

court, found guilty, had judgment entered and sentenced, but if the sentence is never

enforced, then, the process becomes ineffective (Cortes, 2014).

Interestingly, there is very little research on how courts enforce orders and

specifically, which enforcement techniques lead to greater compliance. The enforcement

of serving warrants is a largely overlooked piece of the process. Warrants need to begin

to be accounted for and the inability to measure clearance rates of warrants means that

this important metric is unknown.

Apparently, an arrest warrant is not always served by law enforcement officials

right away. Outstanding arrest warrants are arrest warrants that have yet to be served by

law enforcement officials. A warrant may be outstanding if the person named in the

warrant is intentionally evading law enforcement, unaware that there is a warrant out for

him/her, the agency responsible for executing the warrant has a backlog of warrants to

serve, or a combination of these factors.

Today, there are hundreds of thousands of outstanding arrests warrants across

many countries. The U.S. state of California had around 2.5 million outstanding warrants,

with nearly 1 million of them in the Los Angeles area. New Orleans, Louisiana has 49,000

outstanding arrest warrants and the city of Baltimore, Maryland had 100,000 outstanding
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arrest warrants. The vast majority in such American jurisdictions are for traffic related

(non-violent) citations (Zapotosky, 2013).

In the Philippines, the new administration’s war on drugs had documented 2,127

killed suspected criminals and drug dealers or pushers between June 29, 2016 and

February 16, 2017 across the country. To date, 1,104 were killed by policemen and

1,022 by unknown hitmen. Some were killed while police served a search warrant while

others were during police buy-bust operation (Inquirer, 2016).

In this regard, the illegal drugs problem in the Philippines is real and pervasive. It

is undermining the moral fabric of the society and is victimizing almost everyone,

including even young children in the grade schools. It has become a threat to national

security.

Accordingly, the Eastern Police District (EPD) is the agency of Philippine National

Police (PNP) responsible for law enforcement in the Cities of Pasig, San Juan,

Mandaluyong and Marikina. It is headed by PCSUPT REYNALDO GUBAN, District

Director, EPD.

As of September 2016, a total of 343 warrantless arrests were reported in the

District Investigation and Detective Management System, Case Monitoring Section of

EPD from the four cities. In the month of October 2016, out of the 221 most wanted

persons reported, a total of 166 warrants were received, 27 were served, 139 were not

served and 44 were arrested. These rampant crimes and drug abuses in the district
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which remain unresolved resulted to bring pressures in the four police stations of Eastern

Police District (EPD) specifically, in serving arrest warrants.

In line with these identified trails-off among Police Officers in serving arrest

warrants, the researcher who is one of the warrant/arresting officers in Mandaluyong

City, finds interest in conducting this study which will focus on evaluating and describing

more strategic actions, proper approaches and standard operating procedures in its

implementation. This will be based on the assessments of the Station Warrant/Arresting

Officers and the Barangay Tanods from all Barangays in the four cities, in their

campaign of serving warrants of arrests, specifically, in arresting the most wanted

persons in the city.

Theoretical Framework

Considering that the study endeavors to examine the extent to which increasing

the effort of the Eastern Police District arresting officers to serve warrants may be an

effective public safety strategy against violent crime, it is relevant to look into theories

pertaining to criminal investigative skills and the system of criminal justice.

Apparently, it is found out by the researcher that the Criminal Justice System

Model (CJS) of Coronel (1996) is the most suitable premise for this study since the

evolution of the CJS stated from the Theory of Classical School on Controlling Crimes.

This classical school is also known as Classical Criminology, a school of thought based
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upon the utilitarian notions of free will, and the greatest good for the greatest number. At

its core, Classical Criminology refers to the belief that a crime is committed after an

individual had weighed the pros and cons of his action. The decision to commit a crime is

a rational decision, and is best countered through a deterrence-based system.

Figure 2 shows an illustration of the theoretical model which emphasizes the

Criminal Justice System of the Philippines.

Figure 2 The Theoretical Framework

In the Philippines, the Criminal Justice System includes the five pillars comprising

of the Law Enforcement, Prosecution, Courts, Corrections and the Community (Coronel,

1996). The theory is a system approach to justice where crime prevention and solution
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are considered to be largely based on the performance of the different pillars involved in

the institutionalization of justice in the society. Generally, this framework suggests that for

justice to be delivered, and crime to be prevented and controlled, there must be an

effective coordination and synchronization of efforts among the five pillars involved in

running the system. Failure in one component is the failure of the whole, and the action

of one affects the others and the system as a whole.

Accordingly, this system model starts with the role of the law enforcement officials

to arrest a person of interest regarding a crime, to identify violators, or the crime suspects

based on the result of the investigation and on the warrant issued by

a judge or magistrate in a court of law. The second step is that suspects will undergo the

prosecution process, will be prosecuted and interrogated to gather relevant information

pertaining to the case. Then, the suspects will be presented before the court for trial

together with the documented police reports, witnesses and evidence. After a series of

court hearings, the convicted criminals will undergo correction in jails under the

supervision of the jail management supervisors. Finally, he will be released back in the

community to resume to his normal life.

Distinctly, the Criminal Justice System framework is believed to be relevant to the

present study even if the focus is on the competencies of the arresting officers in serving

warrants since the success of the whole justice system lies in the knowledge and skills of
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the front-liners of the justice system – the police officers. Indeed, if the process is not

done properly in the first step, any case will not hold in court and justice

will not be served.

Another essential theory significant to this research is the Social Control Theory by

E.A. Ross (2002) which concerns are focused with the issues that promote social order

and conformity.

The Social Control Theory specifically addresses factors which determine whether

or not a person engages in human activity, particularly in the workplace. It examines how

the establishment of rules and norms within a society serve to maintain a level of

conformity and order. Likewise, it states that social stability depends on the expectations

and obligations persons hold towards one another in terms of decency and etiquette

which in turn creates a type of societal morality. Accordingly, social order becomes a

built-in feature of everyday life.

With regards to application of this theory to the Standard Operating Procedures in

the service of warrants of the Eastern Police District arresting officers, Social Control

Theory prepares a set of rules and ethical standard where the members are expected to

practice depending on the level or degree of their religiosity. This means strict adherence

to all the rules and regulations, policies and standard operating procedures. Additionally,

such ethical rules are also expressed on how the people behave and act. Hence, their

attitudes also affect their level of performance in the workplace.


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Similarly, this theory is applicable to the special population in this study. As Police

Officers and Barangay Peace and Order Officers (Barangay Tanod), they follow uniform

rules and norms that are strictly observed. They are supposed to enforce the law, to

prevent and control crimes, to maintain peace and order, and to ensure public safety and

internal security with active support of the community. They must act in accordance to

their creed; strictly adhere to the PNP’s mandated task “TO SERVE and PROTECT”,

otherwise, they would be punished accordingly. It is also noted that they observe to

various core values such as being God-fearing, nationalistic, humane and environment-

friendly.

Moreover, this scheme is underpinned by a philosophy which emphasized on the

need for the implementation and enforcement of the apposite procedures in the conduct

of serving arrest warrants in relation to the provisions of the Philippine National Police

Operational Procedures Manual, 2010.

Conceptual Framework

This research study is based on the concept that a crime could be controlled

through the use of punishments that combined the proper degrees of certainty, severity,

and celerity.

Consequently, from the theoretical frameworks presented, a conceptual

framework is developed showing the general purpose of the study, the different variables
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Gen. Santos Avenue, Central Bicutan, Taguig City

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involved and the dynamics of such variables. Likewise, it asserts that the better service

of warrants among police/arresting officers in the Eastern Police District (EPD) has

significant contribution to the Crime Solution Efficiency and the huge backlogs of

warrants along with several well-publicized cases involving heinous crimes committed by

offenders.

INPUT PROCESS OUTPUT


Data gathering: Action Plan to
1. Capability of Warrant Section Enhance the
of different Police Station in Survey
Eastern Police District in the Questionnaires Capability of
Enforcement of Service of
Warrant: An Evaluation Warrant Section of
Conduct Lectures
Different Police
1.1 Human Power Capability
1.2 Mobility Documentary Station in Eastern
1.3 Logistic Support Analysis and
1.4 Local Government Unit
Police District
Support Enforcement of
1.5 Community Collaboration Analysis and
Service of Warrant
2. The Enforcement Level of Interpretation of
Serving Warrant of Arrest as data gathered
expanded by Section 3, Rule
14 of the POP

3. Problems encountered.
Proposed Measures
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Figure 3 Conceptual Framework of the Study

Figure 3 illustrates the paradigm of the drawn conceptual framework which

INPUT-PROCESS-OUTPUT (IPO) model system approach is applied. It presents the

needed input data, instruments, process and proposed output for the evaluation on

the enforcement of the Standard Operating Procedures in observance of serving

warrant of arrest.

Specifically, the police/arresting officers from the four major police stations under

Eastern Police District as the apprehending team during their conduct of serving warrants

of arrest will be assessed whether they observed or not, the Standard Operating

Procedures set by the Philippine National Police Operational Procedures Manual (2010),

Rule No. 14, Sections 3 to 11 which included: the Implementation of Warrant of Arrest;

Time of Arrest; Procedures in Serving Warrant of Arrest; Duties of the Arresting Officer;

the Authority Given to the Arresting Officer when Making an Arrest, Medical Examination

of Arrested Person/Suspect, and Record Check.


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In order to attain the main purpose of the study, a comparative analysis will be

done on the assessments of the two groups of respondents: the Warrant/Arresting

Officers and the Barangay Peace and Order Officers (Barangay Tanod) of the four cities:

Mandaluyong, Pasig, Marikina and San Juan.

Likewise, an investigation on the possible problems encountered by the arresting

officers in the implementation of the apposite procedures in serving warrant of arrest will

be established to come up with an output which is to reinforce the implementation of the

Arrest Operating Procedures among Eastern Police District through proactive and

effective law enforcement officers.

Statement of the Problem

This study assessed the level of capability of warrant section of different police

station at Eastern Police District in the enforcement of service of warrant to serve as

basis for an action plan.

Specifically, it sought answers to the following questions:


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1. How do three groups of respondents assessed the level of capability of Warrant

Section of different Police Station in Eastern Police District in the Enforcement of Service

of Warrant in terms of the following:

1.1 Human Power Capability

1.2 Mobility,

1.3 Logistic Support;

1.4 Local Government Support; and

1.5 Community Collaboration

2. Is there any significant differences in the evaluation made by the three groups

of respondents with regard to the Capability of Warrant Section of Different Police Station

in Eastern Police District in the Enforcement of Service of Warrant?

3. What problems were encountered in the relation to the variables presented

above?

4. What measures were proposed to address the problems encountered?

5. Based on the result of the study, what action plan recommended to enhance

the level of capability of Eastern Police District and Police Stations’ Warrant Sections?

Hypothesis of the Study

To understand clearly on how the problems will be dealt with, the researcher

formulated a null hypothesis to be tested in the study.


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Ho: There is no significant difference in the assessment of the three (3) groups of

respondents as regards to the strict observance of the apposite procedures in serving

warrant of arrest in terms of the above-cited variables.

Significance of the Study

In conducting this study with the in-depth analysis on the data related to the

variables identified, the researcher expects to discern and resolve issues on the warrant

service competencies of the arresting officers in the Eastern Police District (EPD)

instituted from the Standard Operating Procedures set in Sections 3 to 11 of Rule 14 of

the PNP Operational Procedures (POP). Moreover, this will serve as a

helpful gauge to the following:

Philippine National Police (PNP) Officers. This study may serve as springboard

among officers in the PNP organization in assessing the development needs of human

resources in the police forces especially in designing and implementing appropriate

trainings and seminars needed to equip the arresting teams with upgraded knowledge

and extensive technical competencies in the implementation of service warrant

procedures.

Policy Makers. In this study, strength and weaknesses of the arresting team of the

Eastern Police District in serving warrant of arrest would be brought to the attention of
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the policy makers for recognition. At the same time, appropriate solutions to enhance

their quality of service shall be made.

Prosecutors. In this study, the understanding of the police/arresting officers in their

capabilities and limitations is a notable factor to the prosecutors in giving support and

assistance in criminal cases preparation and arrest warrant issuance.

Court. In this study, improvement in the competency of the arresting officer is a

great help to the court during testimonial proceedings and presentation of evidence.

Eastern Police District (EPD) Personnel. The findings of the study may provide

EPD ranking officials a framework for evaluation of the existing operational procedure in

serving warrant of arrest that may affect in the success of the operation. Certainly, the

performance of the police/arresting officers will be strengthened and their strategic

operation on the different crime situations will be enhanced.

Police/Arresting Officers of EPD. The result of the study will promote

stability among them particularly in acquiring deeper understanding of their call of duty

and responsibility of ensuring protection and safety to the public by arresting the

offenders and/or most wanted criminals.

Community. In this study, the effective and efficient solution of crime brought by

the police officers specifically, in arresting the most wanted criminals will lead to a safe,

peaceful and productive surrounding beneficial to the community.


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Local Government Unit (Barangays). In this study, the barangay officials and the

members of Barangay Peacekeeping Action Teams (BPAT’s) will be helped in enhancing

their abilities to support the Law Enforcement Unit in serving warrant of arrest to the

offenders in order to prevent crime incidents and be vigilant in the community. This will

also help in the implementation of the different crime prevention programs and anti-

criminality campaign programs.

Researcher. The result of this study will enhance the proficiency of the researcher

in serving warrant of arrest. Likewise this will be used as basis for the improvement of the

system and support for the enhancement of the police/arresting officers’ competencies.

Future Researchers. This will not only provide the police’ colleagues in the

profession with better understanding of what’s and how’s of the capabilities, behaviors,

and competence in the implementation of serving warrant of arrest procedures but will

also serve as a valuable source of information for related study of future researchers who

would like to further investigate the field.

Scope and Limitation


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The main focused on the enforcement of serving warrant of arrest by the arresting

officers of Eastern Police District. The period of assessment will cover the Calendar Year

2017 (from January to December).

The respondents were police/arresting officers from the four major police stations

under the supervision of the Eastern Police District and the Barangay Tanods who are

coming from the different barangays of the City of Mandaluyong, Marikina, Pasig, and

San Juan.

Definition of Terms

The following significant terms that have important bearing on this research are

operationally defined in accordance with their usage in this study.

Apposite Procedures refers to the proper or standard operating procedures in

Serving Warrant of Arrest to offenders as emphasized in Rule 14 of the PNP Operational

Procedures (POP) Manual, 2010.

Archived Case is a case for trial which is rested or set aside due to the non-arrest

of an accused who has not been arraigned or has personally entered his plea on the

charge against him after more than six months upon issuance of a warrant of arrest.
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Arrest warrant is a warrant issued by a judge or magistrate on behalf of the state,

which authorizes the arrest and detention of an individual, or the search and seizure of

an individual's property.

Authority Given to the Arresting Officer when Making an Arrest denotes to the right

of the police officer who is tasked to make a lawful arrest, with or without warrant such as

verbal summon for assistance, break into/out building or enclosure, and to arrest after

escape or rescue anytime/place in the country.

Bail denotes to the security for the release of a person in the custody of the law

furnished by him or a bondsman, conditioned upon his appearance before any court as

required under the conditions specified in section 1, Rule 114, Revised Rules on Criminal

Procedure.

Court Processes. It is defined as the delivery and acknowledging receipt of court

orders, summons, motions, subpoenas, warrants of arrest to parties in a court

proceeding.

Duties of the Arresting Officer is referring to the liabilities of the police officer

who is implementing the warrant of arrest which include delivering without delay the

arrested person to the nearest police station for record purposes, informing the cause of

the arrest, his constitutional right to remain silent and to communicate to his/her lawyer

and immediate family, and the prohibition of torture, violence, threat, intimidation, secret

detention, solitary confinement and the like.


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Enforcement of Serving Warrant of Arrest is the strict implementation of the ethical

procedures in the service of warrant to the offenders

Equipment/Supplies. These pertain to the warrant servers’ aid/tools for effective

and efficient service of warrants of arrest. As used in this study, these refer to vehicles,

cameras, and communication and computer equipment.

Index Crime are crimes which are serious in nature and which occur with sufficient

frequency and regularity such that it can serve as an indicator of the crime situation.

Information is an accusation in writing charging a person with an offense

subscribed by the fiscal and filed with the court.

Medical Examination of Arrested Person/Suspect refers to the right of the arrested

person to demand a physical examination by a competent doctor of his/her own choice

before the interrogation is done.

Perception is the degree of awareness among the respondents as dictated upon

by any of the senses in reacting to the different statements intended to assess the

effectiveness or efficiency of the warrants of arrest of EPD based on the identified

criteria of each of the parameters of this study.

Philippine National Police (PNP) is the authorized agency or organization

mandated to enforce the laws, and to keep and maintain peace and order in the country

through strict adherence to the mandated task “TO SERVE and PROTECT”.
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Police/Arresting Officer is the personnel of the PNP or authorized group of

individuals charged with the duty to arrest the offender and/or to perform the mission and

functions of the PNP.

Preliminary Investigation refers to the inquiry or proceeding for the purpose of

determining whether there is sufficient ground to engender a well-founded belief that a

crime cognizable by the Regional Trial Court has been committed and that the

respondent is probably guilty thereof, and should be held for trial.

Record Check is the process of conducting a verification of the arresting officer on

the record of the arrested person for any other crime liability.

Time of Arrest denotes to the proper day and time an arrest should be made.

Acronym

BPAT’s - Barangay Peacekeeping Action Teams

DIDMS - District Investigation and Detective Management System

EPD - Eastern Police District

MTC - Municipal Trial Court

NCRPO - National Capital Regional Police Office

PNP - Philippine National Police

POP - PNP Operational Procedures

RTC - Regional Trial Court


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WSS - Warrant and Subpoena Section

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