Guidelines and Procedures in Handling Security Risk Item (SRI) Cases Referred by the Office of the Transportation Security (OTS)

November 19, 2015

DIDM INVESTIGATIVE DIRECTIVE NO. 006-15

GUIDELINES AND PROCEDURES IN HANDLING SECURITY RISK ITEM (SRI) CASES REFERRED BY THE OFFICE OF THE TRANSPORTATION SECURITY (OTS)

1. REFERENCES:

a. Annex 17 of The Convention on International Civil Aviation and its amendments;

b. EO No. 277, series of 2004, dated January 20, 2004;

c. EO No. 311, series of 2004, dated April 26, 2004;

d. OTS MC No. 02, series of 2015, dated June 30, 2015;

e. OTS MC No. 2015-008, series of 2015, dated September 2, 2015;

f. Section 35 (b) (7), RA No. 6975 and Section 24, RA No. 6975;

g. Section 28 (g), (i), and (k), Article V, RA No. 10591 or the "Comprehensive Firearms and Ammunition Regulation Act";

h. Section 2, Article III, 1987 Constitution;

i. Section 5 (b), Rule 113, Rules of Criminal Procedure;

j. RA No. 7438; and

k. Police Operational Manual (Revised 2013).

2. BACKGROUND:

On May 29, 2013, the President approved RA No. 10591 or the "Comprehensive Firearms and Ammunition Regulation Act". Among others, said law penalizes the unlawful possession, not only of firearms and major parts thereof but also, of ammunition. Said law defines "firearms" as "any handheld or portable weapon, whether a small arm or light weapon that expels or is designed to expel a bullet, shot, slug, missile or any projectile, which is discharged by means of expansive force of gases from burning gunpowder or other form of combustion or any similar instrument or implement. The barrel frame or receiver is considered a firearm." A "major part or component of a firearm" refers to "the barrel, slide, frame, receiver, cylinder or the bolt assembly. The terms also include any part or kit designed and intended for us in converting a semi-automatic burst to a full automatic firearm." "Ammunition" is "a complete unfixed unit consisting of a bullet, gunpowder, cartridge case and primer or loaded shell for use in any firearm". The PNP is the primary law enforcement agency tasked to implement RA No. 10591. CAIHTE

In its Memorandum Circular (MC) No. 02, s. of 2015, the OTS published its Revised Prohibited Items List applicable to flights originating within the Philippines, enumerating guns, firearms, and other devices that discharge projectiles, including ammunition shells/bullets and other components. These items are considered Security Risk Items (SRI).

In its MC No. 2015-008, s. of 2015, the OTS has established a well defined Airport Security Organization in each airport serving civil aviation wherein it is the Airport Security Manager (ASM) who exercises operational control and supervision over Security Screening Officers (SSO). He is also responsible for maintaining a record of all incidents of unlawful interference affecting airport operations, including bomb threats, and of all weapons, such as guns and firearms, and dangerous devices, including ammunition shells, bullets, and other component, detected by SSOs during passenger screening.

Despite the foregoing delineation of functions, the PNP is still plagued with the sensationalized issue of "tanim-bala". Accordingly, the personnel of PNP AVSEGRP failed to perform their duty to enforce the law or worst, bias in their actions. Articles after articles were published, aired, or televised narrating the alleged disturbing stories of passengers who were caught with firearm or ammunition in their baggage. Some were set free while others were arrested for violation of RA 10591. Most of those arrested though were freed due to lack of animus possidendi and only a handful was consequently charged in court.

3. SITUATION:

Although PNP uniformed personnel from the PNP AVSEGRP is mandated to enforce RA No. 10591, particularly to address unlawful possession of firearms, major parts thereof, and ammunition, it is the SSOs under the supervision of the ASMs of the OTS who have first hand information of their existence during passenger and baggage screening. Hence, there is a need to prescribe guidelines and procedures to be observed by the PNP AVSEGRP when handling cases referred by the OTS.

4. PURPOSE:

This Directive prescribes the guidelines and procedures to be followed by PNP uniformed personnel from the PNP AVSEGRP and Crime Laboratory in handling SRI cases referred by the OTS.

5. POLICY:

a. The Constitutional right of Filipino citizens to be secure in their persons, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be upheld. 1

b. To be valid, warrantless arrests for unlawful possession of firearms, major parts thereof, or ammunition shall be in accordance with the Constitution and pertinent laws, rules and regulations, and jurisprudence. 2

c. Custodial investigation shall be conducted in accordance with RA No. 7438;

d. The safety of passengers, crew, ground personnel, and the general public is the primary consideration in all safeguarding actions initiated by PNP uniformed personnel. 3

6. GENERAL GUIDELINES:

a. Possession of firearms, major parts thereof, or ammunition, without authority therefore, is prohibited by RA No. 10591 by reason of public policy. 4

b. The unlawful possession of firearms, major parts thereof, or ammunition is a malum prohibitum or an act that is an offense merely because it is prohibited by law even though such act itself is not necessarily immoral. 5

c. The screening of passengers and their baggage, in accordance with The Convention on International Civil Aviation, does not constitute an unreasonable search.

d. Unlawfully possessed firearms enumerated under OTS Revised Prohibited Items List, major parts thereof, or ammunition shells, bullets, and other components, detected during passenger and baggage screening, shall be seized and such seizure may not be deemed unreasonable.

e. Warrantless arrests should be based on personal knowledge of facts or circumstances engendering probable cause to believe that the person to be arrested has in fact just committed unlawful possession of firearms, major parts thereof, or ammunition. 6

f. With respect to arrest, probable cause means: 7

1) Actual belief that an offense has in fact just been committed by the person sought to be arrested; or

2) Reasonable grounds of suspicion based on personal knowledge of facts or circumstances, sufficiently strong in themselves, to lead a reasonably discreet and prudent man to believe that an offense has in fact just been committed by the person sought to be arrested.

g. Charges for unlawful possession of firearms, major parts thereof, or ammunition must be supported by two essential elements, to wit: 8

1) Existence of the subject firearms, or major part thereof, or ammunition; and DETACa

2) The person arrested does not have the authority to possess the subject firearms, or major parts thereof, or ammunition.

h. Nothing herein shall prevent PNP uniformed personnel from assisting a private person in effecting citizen's arrest;

i. The legality of an arrest depends upon the reasonable discretion of the officer or functionary to whom the law at the moment leaves the decision to characterize the nature of the act or deed of the person for the urgent purpose of suspending his liberty. 9

j. Like its precursor, PD No. 1866, as amended, RA No. 10591 which was passed to curb criminality affecting public order and safety punishes. inter alia, both actual physical possession and constructive possession of firearms, major parts thereof, or ammunition, without authority therefore, hence, ownership is not an essential element. 10

k. Constructive possession refers to the subjection of the firearms, major parts thereof, or ammunition in question to one's control and management. 11 Possession of firearms, major parts thereof, or ammunition, without authority therefore, coupled with animus possidendi or intent to possess constitute the offense of unlawful possession.

l. Animus possidendi is a state of mind, the presence and determination of which is largely dependent on the circumstances obtaining in each case, taking into consideration prior and coetaneous acts of the possessor and the surrounding circumstances anent his possession 12 of the subject firearms, major parts thereof, or ammunition.

7. PROCEDURES: (See Flow Chart- Annex "A")

a. Stage 1 — POLICE RESPONSE BY PNP AVSEGRP SCREENING ARMED SECURITY (SAS)

Upon Receipt of Call from OTS/Accepting Referred Cases from OTS:

1) Document the call/message in a logbook indicating name of caller and time of call;

2) Immediately advise SSO to alert his immediate supervisor to record the detection/discovery of the firearms, major firearms parts, or ammunition;

3) Advise SSO to secure corroborating witness;

4) Inquire if the firearms, major firearms parts, or ammunition was detected during screening, or inadvertently discovered in plain sight;

a) If the firearms, major firearms parts, or ammunition was detected during screening, remind SSO not to open the baggage;

b) If the firearms, major firearms parts, or ammunition was inadvertently discovered in plain view, remind SSO to avoid touching the same, as far as possible;

5) Proceed to the screening area;

6) If the firearms, major firearms parts, or ammunition was detected during screening, and the baggage remained unopened, direct the rescreening of the baggage. If the re-screening yields positive results, direct that the baggage be opened by the passenger in the presence of the SSO & his witness. If a firearms major part, as ammunition is found, direct that the SRI be collected by the SSO, in the presence of his witness and the passenger, and packaged in a manner that will prevent loss, tampering, or switching;

7) If the firearms, major firearms part, or ammunition was discovered in plain view, direct that the SRI be collected by the SSO, in the presence of his witness and the passenger, and packaged in a manner that will prevent loss, tampering, or switching;

8) Ensure that the SSO will package, store and transport SRI detected/discovered from different baggage's or locations in a baggage in separate containers.

9) Direct the SSO having initial custody and control of the detected/discovered firearms, major firearms part; or ammunition to immediately, upon detection/discovery in plain view, photograph the SRI without moving or altering position in the location where it was situated, kept, or hidden, physically inventory (Annex "B") the same in the presence of his witness and the passenger who may desire to have his own witness as well; and mark the SRI with his initials indicating the date, time & place where they were formed and seized.

10) Interview the SSO and his witness to establish basis of their personal knowledge of facts or circumstances engendering probable cause. aDSIHc

11) Take the sworn statement of SSO and his witness (Annex "C").

12) Direct the SSO to accomplish the Personal Property Receipt Form (Annex "D").

13) Within three (3) hours from detection/discovery of firearms, major firearms part, or ammunition, in plain view, prepare a Report on the Police Response addressed to Director, PNP AVSEGRP for transmittal to investigation (Annex "E") together with the following supporting documents:

a) Certified copy of entry in logbook;

b) Personal Property Receipt Form duly accomplished by SSO;

c) SRI seized and photographs thereof; and

d) Sworn Statement of the SSO and his witness.

14) Seek notation of Report on the Police Response from the ASM.

b. Stage 2 — INVESTIGATION

1) After receipt of the Report on Police Response, as noted by the ASM, the duty Desk Officer (DO) will then record the report of the police response in the police blotter. Further, the same shall be transmitted by the Director, PNP AVSEGRP to the designated Investigator-on-Case (IOC).

2) Immediately, the SRI, the inventory of the seized item/s and the passenger/possessor shall be turned over to the IOC.

3) The IOC shall then verify the inventory, photograph and marking of the SRI in the presence of the SSO and the passenger/possessor, and other witness he may produce. Inventory receipt should be properly signed by OTS personnel, the passenger/possessor and the IOC. Turn-over shall be properly documented through an Acknowledgement Receipt (Annex "F").

4) The IOC will conduct immediate inquiry on the person of the passenger/possessor of the SRI to fill-up the Passenger's Information Sheet (Annex "G").

5) To verify whether the confiscated evidence is a live ammunition or not, the Firearm Examiner (FE) strips the same to determine the components in the presence of the passenger. A request for ballistic examination (Annex "H") will be sent to the PNP Crime Laboratory together with the seized evidence. Upon determination by the Crime Laboratory that the SRI is not live ammunition, the passenger/possessor shall be released, however, the seized item will be confiscated.

6) Verification with the PNP Firearms and Explosives Office shall also be conducted to determine whether the passenger/possessor is a registered firearm owner (Annex "I").

7) If the same is verified to be live ammunition, the suspect is booked in accordance with the SOP on booking of the arrested suspect.

8) Filing of appropriate charges against the passenger/possessor through the preparation of Case Referral (Annex "J") to the Inquest Prosecutor, to include the following:

a) Subscribed NPS Investigative Data Form;

b) SS of the Complainant;

c) SS of the witness;

d) Affidavit of Arrest;

e) Request for Ballistic Examination;

f) Result of Ballistic Examination;

g) Request for Firearm License Verification;

h) Result of Firearm License Verification;

i) Medical Examination Report;

j) Booking and Information of the suspect; and

k) And others to be presented later.

c. Stage 3 — INSTITUTION OF CRIMINAL ACTION

1) Transport of Offender from PNP AVSEGRP Station to Office of the Public Prosecutor.

a) If transported by a patrol jeep authorized to be used under existing laws, rules and regulations, the offender must be seated on the right rear seat and a PNP escort shall sit at the rear on the left side facing the subject. Hands of the subject should be secured by handcuffs under his knees.

b) If transported by a patrol car, the offender must be seated on the right rear seat and the PNP escort personnel shall sit on the left rear seat. Hands of the subject should be secured by handcuffs under his knees. ETHIDa

c) In no case shall the offender be transported using public utility land vehicles that are not exclusively utilized for the purpose.

d) In no case shall a high-risk offender be transported without proper escort and handcuffs.

e) Female detainees shall be transported in handcuffs, preferably aided by a police woman.

f) In no case shall an offender be allowed out of the Custodial Cell without proper escort.

g) Transport and escort of offender shall be limited only from the custodial cell to the proper office for inquest, or to the nearest hospital/clinic in case of the mandatory medical examination prior to detention or during actual medical emergency.

h) In no case shall an offender be allowed travel and escort outside the custodial cell to places devoted for recreation, worship, entertainment, meals and dining and others of similar and analogous description, unless upon lawful orders of the court.

2) Procedure at the Office of the Public Prosecutor:

a) The case is referred to the Office of the Public Prosecutor by filing the Case Referral Form.

b) Upon receipt of the case by the Office of the Public Prosecutor, it is then raffled for assignment to Investigating Prosecutor.

c) The case will be forwarded to the Investigating Prosecutor for appropriate action.

d) The Investigating Prosecutor will determine whether the case is subject to Inquest Proceedings or Regular Preliminary Investigation.

e) The arrested passenger/possessor shall be advised of his right to avail of regular preliminary investigation. If he agrees, he shall be advised to execute a waiver of Article 125 of the Revised Penal Code (Annex "K").

f) After the conduct of either inquest proceedings or regular preliminary investigation, the Investigating Prosecutor issues the case Resolution which may either:

i. Dismiss the case if the Investigating Prosecutor finds that no probable cause exist against the respondent. The complainant may either 1) file a Motion for Reconsideration with the Investigating Prosecutor; or 2) file a Petition for Review (Annex "L") with the Regional State Prosecutor or the Department of Justice.

ii. Order the release of the respondent if he finds reason to submit the case for further investigation (RFI).

iii. Recommend the filing of Information before the Court for finding probable cause against the respondent with recommendation as to the amount of bail.

iv. Information will be filed in court.

3) Procedure from Office of the Public Prosecutor to Court

a) After the filing of Information before the court, the court acquires jurisdiction over the offense and over the person of the offender.

b) The Court issues the Commitment Order.

c) The accused is then transferred to jail.

i) Upon receipt of the Commitment Order from the court, the Director, AVSEGRP or any of his authorized representative, shall personally coordinate with the issuing court to ascertain the validity of the order;

ii. Upon confirmation, said officer must coordinate with the receiving detention facility for the immediate transfer of custody; and

iii. Prior to the transfer of custody (Annex "M"), the accused shall be subjected to medical examination by a PNP medico-legal officer or any government physician in the absence of PNP medico-legal officer. Medical examination is mandatory before any transfer of custody of arrested person. cSEDTC

7. ADMINISTRATIVE SANCTIONS:

The filing of administrative charges pursuant to NAPOLCOM MC No. 2007-001 shall proceed against PNP personnel who failed or refused to take actions on the prescribed guidelines of this Directive.

8. For guidance and strict compliance.

(SGD.) BENJAMIN B. MAGALONG

Police Director

ATTACHMENTS

Handling of Security Risk Items (SRI) Cases(Firearm and Ammunition)

 

(Form to be filled-up by Security Screening Officers)

_______________________________

INVENTORY AND RECEIPT FOR PROPERTY SEIZED

THIS IS TO CERTIFY that the undersigned has seized and taken possession, in an orderly manner, the property described below from Mr./Ms. _______________________, at ______________________________ on _________________________________ which orderly seizure was done in the presence of Mr./Ms. ______________________ to whom the original of this receipt given, in the presence of ___________________________ and ___________________________ as witnesses.

 

Quantity	Description	Remarks
____________________	____________________	____________________
____________________	____________________	____________________

 

_______________________________

WITNESS TO SEIZURE AND INVENTORY:

1. ___________________________	2. ___________________________
Signature over printed name	Signature over printed name

 

_______________________

_______________________

(Format to be filled-up by Security Screening Officers and the Witness)

Sample Format of Sworn Statement

(In taking a Sworn Statement, it is best that it includes the following particulars: (a) What are you complaining about?, (b) When did the problem/incident occur?, (c) Who are the persons involved in the incident/anomaly?, (d) Where did the incident take place?, and (e) How did it happen? Also, a sworn statement with supporting evidence will greatly facilitate the investigation. A sample of such affidavit-complaint would be as follows:)

Republic of the Philippines)

SWORN STATEMENT

I, _____________________________, Filipino, ____ years of age, single/married, and a resident of _________________________________, Philippines, after having been sworn to in accordance with law, do hereby depose and state that:

1. I am employed as Security Screening Officer (SSO) at (name and place of airport) since (date of actual assumption as SSO);

2. As an SSO, it is my duty and responsibility to (state actual duties and responsibilities);

3. While engaged in the actual performance of my duty as SSO on (state date) at (specific place of duty), I noticed (state the factual circumstances leading to the discovery of the Security Risk Item (SRI). Further, state whether the SRI was detected during screening or inadvertently discovered in plain sight);

4. As such, I immediately informed my immediate supervisor, (state name of supervisor) of the discovery of (state specific item discovered);

5. Thereafter, I called the PNP Aviation Security Group stationed at (state place) and informed them of the discovery of (state specific item discovered);

6. Upon arrival of the personnel from PNP Aviation Security Group, we conducted (state actions performed specifically on items discovered during screening or inadvertently discovered in plain sight);

7. I inquired from (passenger/possessor) if he has any authority to possesses and carry the discovered (state item) and he cannot show any proof of his authority;

8. When I collected the (state specific items collected), I placed it inside a (state container) and placed my initial on the (state specific portion where signature was placed) thereof as well as the time and date of collection;

9. The collection of the items above described were done in the presence of (state name of passenger/possessor as well as the witnesses to the collection) who voluntarily consented thereto;

10. An inventory of the items collected from the passenger/possessor was likewise prepared in his presence and the same was signed by passenger/possessor.

11. I am charging (state name of passenger/possessor) for violation of Illegal Possession of (state SRI) under RA 10591.

(Signed) Juan dela Cruz

SUBSCRIBED AND SWORN to before me this ___ day of __________________ at _____________________________________, Philippines affiant exhibiting his (state recognized identification) and having declared to me that the same is his free and voluntary act. SDAaTC

(Signed) Administering Officer

Certificate of Non-Forum Shopping and Verification.

(Signed by Affiant)

Republic of the Philippines)

AFFIDAVIT OF WITNESS

I, _________________________________, Filipino, ____ years of age, single/married, and a resident of __________________________________, Philippines, after having been sworn to in accordance with law, do hereby depose and state that:

1. I am employed as (state designation) at (name and place of airport) since (date of actual assumption as such);

2. On (state date and place), while I was engaged in the actual performance of my duty, Mr./Ms. (state name of SSO) called my attention as apparently, (state name of SSO) discovered a Security Risk Item (SRI);

3. I immediately proceeded to his/her area and saw for myself that (an item as seen on the screen appears to be a firearm/ammunition or the subject person has in his (bag) a firearm/ammunition);

4. I then observed that (state name of SSO) called for personnel from the PNP Aviation Security Group stationed at (state place of station);

5. After the arrival of the police, the fire/ammunition was collected by (state name of SSO) in my presence as well as that of the passenger who voluntarily consented thereto. An inventory was conducted and placed my signature thereon voluntarily;

6. I also heard that when inquired as to the authority of the passenger/possessor to possess and carry such item, the latter was not able to present any proof of his authority;

7. I am executing this affidavit to support the charging (state name of passenger/possessor) for violation of Illegal Possession of (state SRI) under RA 10591.

(Signed) Juan dela Cruz

SUBSCRIBED AND SWORN to before me this ___ day of __________________ at ______________________________, Philippines affiant exhibiting his (state recognized identification) and having declared to me that the same is his free and voluntary act.

(Signed) Administering Officer

• Note: The witness for the SSO must be someone who is reasonably expected to be near or at that place and time of incident by reason of his office.

(Form to be accomplished by the Security Screening Officers)

Republic of the PhilippinesAVIATION SECURITY GROUP

–––––––––––––––––––––––––––

Suspect's Personal Property Receipt Form

_________________

This is to certify that the suspect's personal properties/valuables as property itemized and described below was received for safe keeping. The items are as follows:

Quantity	Items Detailed Description with Brand Names, Serial Number and other identifiable characteristics

Turned over by: ______________________ Received by: ________________

Suspect's acknowledgement (name and signature over printed name)

________________________________

Witnessed by: ______________________

(Form to be prepared by Screening Area Security)

Republic of the Philippines

MEMORANDUM

FOR : D, AVSEGROUP

FROM :

SUBJECT : Report on Police Response

DATE :

1. Reference: Logbook Entry No. _____ dated __________.

2. Please be informed that at about ____ AM/PM of _____________, a call/message was received from ____________, Security Screening Officer (SSO) pertaining to ______________________ (Describe incident). Mr./Ms. ___________ (SSO) ____________ was advised to:

a. Alert his immediate supervisor to record the detection/discovery of the firearms, major firearms parts, or ammunition;

b. Secure corroborating witness; acEHCD

c. Inquire if the firearms, major firearms parts, or ammunition was detected during screening; or inadvertently discovered in plain sight;

d. Remind SSO not to open the baggage if the firearms, major firearms parts, or ammunition was detected during screening;

e. If the firearms, major firearms parts, or ammunition was inadvertently discovered in plain view, remind SSO to avoid touching the same, as far as possible;

3. Further, he ensured that the pieces of evidence collected from the passenger/possessor were properly collected, documented, and preserved to avoid loss, tampering, or switching. Further, the Sworn Statement of the SSO as well of his witnesses were taken.

4. The following supporting documents are submitted in support of any case to be filed against the passenger/possessor:

a. Certified copy of entry in logbook;

b. Personal Property Receipt Form duly accomplished by SSO;

c. SRI seized and photographs thereof; and

d. Sworn Statement of the SSO and his witness.

5. For information and appropriate action.

SAS

(Form to be filled up by OTS personnel & IOC)

Republic of the Philippines

ACKNOWLEDGMENT RECEIPT FOR PROPERTY SEIZED

THIS IS TO CERTIFY that the following described items were received from ________ (OTS) __________________ on _______________________________ in the presence of _______________________ and _________________ as witnesses.

	Quantity	Description	Remarks
	____________________	____________________	____________________
	____________________	____________________	____________________
	_______________________________	_______________________________
	Signature over printed name	Signature over printed name
	OTS	Investigator-on-Case
WITNESS TO TURN-OVER:
	1. ___________________________	2. ___________________________
	Signature over printed name	Signature over printed name

 

_______________________

_______________________

(Form to be filled-up by Investigator-on-Case)

PASSENGER'S INFORMATION SHEET

NAME:	OCCUPATION:
ADDRESS:	DESTINATION:
AGE:	PASSPORT NO.:
BIRTHPLACE:	MARITAL STATUS:

THE SUBJECT MUST BE GUIDED TO ANSWER THE FOLLOWING QUESTIONS:

	YES	NO
1. Are you a passenger?
What Airline?
2. Did you personally pack your things inside your baggage/luggage?
3. Are you the owner of the bag where the prohibited item is found?
4. Did you travel more than once?
5. Are you a gun owner?
baggage/luggage that underwent X-ray screening?
7. Can you confirm that the OTS X-ray operator gave you due notice that the prohibited item was found inside your baggage/luggage after having undergone X-ray screening?

 

	___________________________	_____________________
	(Passenger Name and Signature)	Duty PNCO
		(Name and Signature)
WITNESSES:
	___________________________	___________________________
	(Name and Signature)	(Name and Signature)

 

NOTE:

1. It must be ensured that the subject person is the owner of the baggage/luggage where the prohibited item was found;

2. An immediate inquiry must be conducted by having the subject person fill-up the following data in the information sheet;

3. In case the subject person refuses, the Screening Armed Security (SAS) will do so by asking the information in a polite or courteous manner.

(Form to be filled-up by AVSEGRP Chief of Office)

Republic of the Philippines

MEMORANDUM

FOR : Regional Director, PNP Crime Laboratory NCR

FROM :

SUBJECT : Request for Ballistics Examination

DATE :

1. Request conduct ballistic examination on the accompanying specimen to determine whether the ammunition described below is live ammunition or not.

a. Nature of the Case : Illegal Possession of Ammunition

b. Suspect :

c. TDPO :

d. Specimen Submitted :

2. Further request that this Office be furnished a copy of the result for our reference.

___________________________

(Form to be filled-up by Chief of Office)

Republic of the Philippines

MEMORANDUM

FOR : C, FEO

FROM :

SUBJECT : Request for Firearm License Verification

DATE :

1. Request verification if (possessor/passenger), who was apprehended on ________________ at _______________ for possession of ammunition, has a License to Own and Possess a firearm and/or ammunition. SDHTEC

2. Further request that this Office be furnished a copy of the result for our reference.

___________________________

(Form to be filled-up by the passenger)

Republic of the Philippines

___________________________ I.S. No. _____________________RPC

-versus-

_________________________

REQUEST FOR PRELIMINARY INVESTIGATIONREVISED 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 proceedings, I agree to remain under police custody.

_____________________________, Philippines _______________, 20 ______

___________________________

ASSISTED BY:

__________________________

Address: _____________________________

(Form to be accomplished by IOC and signed by Chief of Office)

Republic of the Philippines

______________________

The Honorable City Chief Prosecutor

SIR/MADAM:

Respectfully referred to your office for (inquest preliminary investigation) are the herein record of investigation relative to the case of Illegal Possession of __________________________ committed as follows:

VICTIMS/COMPLAINANTS: ________________________

RESPONDENTS: __________________________________

WITNESSES: _____________________________________

Date/Time and Place of Occurrence:

_______________________________________________________________________________________________________________________________________________________________.

EVIDENCE:

a. Subscribed NPS Investigative Data Form;

b. SS of the Complainant;

c. SS of the witness;

d. Affidavit of Arrest;

e. Request for Ballistic Examination;

f. Result of Ballistic Examination;

g. Request for Firearm License Verification;

h. Result of Firearm License Verification;

i. Medical Examination Report;

j. Booking and Information of the suspect; and

k. And others to be presented later.

FACTS OF THE CASE:

(Complete brief narrative of the facts of the case)

This case will be presented to you by (Name of Investigator-on-Case) of this Office during the course of (inquest/preliminary investigation). Further, request furnished this Office copy of resolution of the case and other proceedings.

____________________

(Form to be accomplished by the Chief of Office)

Suggested Format for a Petition for Review in

Republic of the Philippines

__________________________

- Versus - For: _________

________________________

PETITION FOR REVIEW

COMES NOW, the undersigned petitioner, unto this Honorable Office, respectfully avers: HESIcT

1. That on (State the date), the undersigned Chief of Police (State the unit and postal address), upon the complaint of the private offended party for (designation of offense) filed a case against (State the name and postal of the respondent), docketed as IS No: ____________, before the Office of the Honorable (State the name of the prosecutor and his office) located at (state the address), where the preliminary investigation took place;

2. That, for the information of the Honorable Secretary, this case emanated from: (State facts of the case)

3 That on (State the date), the undersigned received the Resolution of the Honorable Prosecutor, attached hereto as Annex "A" disposing the case as follows:

(Note: Copy the dispositive portion of the resolution)

4. That the undersigned (state your analysis as to how the prosecutor erroneously disposed the case);

5. That with due respect to the Honorable Prosecutor, the undersigned believes that he committed the following error(s):

(Note: state the specific points that adversely affected your case citing supporting law)

6. That the following documents are hereto attached as integral part of this petition:

a. Proof of Service to the Honorable Prosecutor (Annex "B");

b. Proof of Service to the Appellee (Annex "C");

c. Other Records of the Case.

Wherefore, the undersigned respectfully prays that the appealed decision dated (state the date of the resolution) be set aside and the immediate filing of the case be directed).

Other reliefs just and equitable are likewise prayed for.

___________________Chief of Police

VERIFICATION

JURAT

Copy Furnished:

- Prosecutor

- Respondent

(Form to be accomplished by IOC)

Republic of the Philippines

––––––––––––––––––––––––––––––––––––

TURN-OVER OF ARRESTED SUSPECT

BLOTTER ENTRY NR: ______________________ Date: ________________

This is to certify that the following arrested suspect/s identified as indicated:

Name: ___________________________________________________________________

Name: ___________________________________________________________________

Name: ___________________________________________________________________

Who was/were arrested on ___________ 20 ____ at _______________________________ (time/date).

This further certifies that the arrested suspects have been examined by Dr. __________________________ on _________________________ at ________________.

 

Rank/Name/Signature of Duty Investigator	Rank/Name/Signature of Arresting Officer
__________________________________	__________________________________
__________________________________	__________________________________

 

Received By:

_______________________

Footnotes

1. Section 2, Article III, 1987 Constitution.

2. Article 24 (d), RA No. 6975.

3. Annex 17 of The Convention on International Civil Aviation.

4. Paraphrased from Zuno, Sr. vs. Dizon, A.M. No. RTJ-91-752, June 23, 1993.

5. Lifted from Black's Law Dictionary, 9th Ed., p. 1045.

6. Section 5 (b), Rule 113, Rules of Criminal Procedure.

7. Culled from Agpalo, Handbook on Criminal Procedure, 2001 Ed., pp. 224-225.

8. Based on analogy presented in Fajardo vs. People of the Philippines, G.R. No. 190889, January 10, 2011.

9.People of the Philippines vs. Villareal, G.R. No. 211363, March 18, 2013.

10. Based on People of the Philippines vs. Leo Lian y Verano, G.R. No. 115988, March 29, 1996.

11.People of the Philippines vs. De Gracia, G.R. No 102009-10, July 6, 1994.

12.People of the Philippines vs. Estoista, 93 Phil 647.