Question & AnswerQ&A (AIDSTF PNP MANUAL ON ANTI-ILLEGAL DRUGS OPERATION AND INVESTIGATION)
The Manual provides standard rules to be followed by all PNP members and units engaged in RA 9165 enforcement, supporting PDEA, to guide efficient and effective performance of their duties and responsibilities.
PNP must conform to provisions of RA 9165, Rules of Court, observe the Rights of the Accused under the 1987 Constitution Bill of Rights, allied laws, Rules and Regulations, and internationally accepted principles and human rights.
A buy-bust operation is an entrapment technique used by peace officers to apprehend criminals committing the offense of illegal drugs trade in the act.
It refers to the documented authorized movements and custody of seized drugs or related items from seizure to laboratory receipt to safekeeping to court presentation and destruction, including dates, times, identities, and signatures of handlers.
The arresting officers must inform the arrested suspect of their constitutional rights clearly and in their language, including the right to remain silent and have legal counsel, immediately after securing the suspect.
Inventory must be conducted in the presence of the suspect or representative, a representative from the media, a representative from the Department of Justice, and any elected public official who shall sign the inventory.
Warrantless arrest and search are allowed under Section 5, Rule 113 and Section 13, Rule 126 of the Rules of Court, especially for in flagrante delicto cases where the crime is committed in presence of the officer or as outlined in specific circumstances.
PNP personnel may face criminal charges for misappropriation, planting evidence, failure to appear as witness, and other violations under RA 9165. Administratively, they may face grave misconduct proceedings leading to dismissal.
COPLAN is a classified document detailing the planned anti-illegal drugs operation, including target details, operational plan, assigned team, coordination measures, and safety protocols for high profile or complex cases.
It means committing a violation of RA 9165 in the act, covering warrantless arrests, search incidental to arrest, searches of moving vehicles, consented searches, seizure of evidence in plain view, among others.
The Team Leader leads the operation, selects team members based on expertise, conducts briefings, oversees execution ensuring adherence to law, manages safety, evidence handling, and coordinates post-operation reporting and investigation.
PNP units shall coordinate with PDEA as far as practicable before operations, and must inform PDEA within 24 hours after custody of suspects or seizure, updating them regularly on case status.
Service must occur within 10 days, be supervised by Team Leader or Chief of Office, involve witnesses, secure the perimeter, seize only items described, photograph and inventory evidence in presence of witnesses, and return items plus inventory to the issuing judge.
Evidence must be properly preserved; photographs and videos taken before moving items; potentially contaminated materials kept at the site till court inspection; documents preserved for fingerprinting; and safety protocols followed to prevent chemical hazards.
Controlled Delivery is an investigative technique allowing suspected illegal drug consignments to pass under supervision to identify involved persons and gather evidence, with operation limited by time frame and involving covert agents and surveillance.
The Investigator-On-Case gathers evidence, prepares case documentation, files for inquest, coordinates with PDEA, secures lab and medical reports, tracks the case progress, ensures police witnesses attend court, and submits updates to superiors.