Question & AnswerQ&A (DDB REGULATION NO. 2, s 2002)
Controlled Delivery is the investigative technique of allowing an unlawful or suspect consignment of any dangerous drug and/or controlled precursor and essential chemical, equipment or paraphernalia, or property believed to be derived directly or indirectly from any offense, to pass into, through or out of the country under supervision of an authorized officer, with a view to gathering evidence to identify any person involved in any dangerous drug-related offense or to facilitate prosecution of that offense.
The Director General of the Philippine Drug Enforcement Agency (PDEA) has the authority to approve requests for controlled delivery operations in the Philippines.
The objectives are to identify, arrest, and convict offenders; disrupt and dismantle criminal organizations; broaden investigations; establish proof of knowing possession; and identify offenders' assets for asset forfeiture proceedings.
The Director General may require justification, type and quantity of drugs, points of entry and exit, transport means and route, suspects' identities, responsible organizations, participating law enforcement agencies, special techniques used, and other relevant information.
Refusal may occur due to inadequate information, lack of consent from transit countries, risk of losing suspects or drugs, lack of resources, uncertain final destination, no certainty of prosecution, short notice, insufficient scale, or small quantity of drugs that do not meet prosecutorial thresholds.
Foreign agencies may participate with prior authorization from the Director General of PDEA and must act under the authority of the Director General. They may also provide technical resources subject to proper jurisdiction approval.
Key steps include identifying, processing, and securing evidence; photographing/videotaping evidence; marking evidence; field testing; obtaining laboratory analysis; removing excess contraband; coordinating amounts used with prosecutors; disabling counter-surveillance devices; and using tracking devices if allowed.
The Director General of PDEA and the heads of involved agencies must be immediately notified; a joint investigation must be conducted within 24 hours or as soon as practicable; recommendations must be made; and the Board must be informed in writing of the loss and actions taken.
Completion involves ensuring compliance with inventory, reporting, and laboratory analysis provisions as per DDB Regulation No. 1-2002; arresting offenders; filing cases in proper jurisdiction; and submitting a report of the operation to the Dangerous Drugs Board.
The guidelines took effect fifteen (15) days after publication in a newspaper of general circulation following their adoption on November 22, 2002.