QuestionsQuestions (AIDSTF PNP MANUAL ON ANTI-ILLEGAL DRUGS OPERATION AND INVESTIGATION)
Its short title is the “PNP Manual on Anti-Illegal Drugs Operation and Investigation.” It provides standard rules for all PNP members and units enforcing RA 9165 in support of PDEA, and guidance for efficient, effective performance of their duties while observing due process and the rights of the accused.
They must conform with RA 9165, the Rules of Court, and strictly observe the rights of the accused under the 1987 Constitution (including rights in custodial investigation), as well as other allied laws, rules, regulations, human rights standards, and internationally accepted principles of international law.
They include: Transparency, Accountability, Adherence to the Constitution and the Law, and Trustworthiness, Integrity, Responsibility, and Expertise (TIRE) of team members.
It applies to all PNP members and anti-drug units at all levels, implementing RA 9165 and its related rules and regulations.
No. The Manual cites Supreme Court decisions indicating that PDEA deputation is no longer necessary or required for PNP personnel assigned with anti-drug units, though the case must eventually be transferred to PDEA.
It cites: RA 6975 (as amended by RA 8551) specifically on authority to operate; RA 9165 and its IRR; and the Rules of Court provisions on warrantless arrests and search incident to lawful arrest.
As far as practicable, PNP must coordinate with PDEA prior to operations. In any case, PNP must inform PDEA within 24 hours from actual custody of suspects or seizure of drugs/substances and paraphernalia/transport equipment, and must regularly update PDEA on case status.
Examples include: remote places where coordination is impossible; coordination compromises the lives of operatives, informants, or witnesses; coordination would prejudice apprehension/confiscation; or coordination would compromise the entire police operation. Then post-coordination should be made.
Spot Report, Development Report, After Operation Report, and Progress Report submitted to the PNP AIDSOTF and the Directorate for Operations.
Adequate planning and preparation to ensure successful prosecution, observance of human rights, safety of operating elements, and security/integrity of seized evidence.
A Case Operation Plan (COPLAN) is a classified document detailing the operation against specific targets. It is required for high-profile targets involving clandestine laboratories, multi-national targets, and transshipments.
Strict observance of Section 21 of RA 9165 and its IRR regarding inventory, marking, photographing, witnesses, submission to laboratory, chain of custody, and related safeguards for evidentiary integrity.
Ideally where the drugs were confiscated to preserve evidentiary value. If not feasible, the inventory may be done at the nearest police station/office, but the team must execute a written explanation justifying non-compliance with Section 21 requirements.
The accused/persons from whom items were seized or their representative/counsel; a media representative; a representative from the Department of Justice; and an elected public official (at least a barangay kagawad), who signs and is given copies of the inventory.
It must be duly marked or dusted with ultra-violet powder by the PNP Crime Laboratory, with proper photographing/recording of serial numbers and the persons who released/received/delivered the money to the crime lab for dusting. The officer receiving money issues a receipt.
The designated arresting officers shall arrest the suspects, introduce themselves as police officers, and inform them of their constitutional rights in a language understood by them (or through an interpreter if practicable).
All arrested suspects must be handcuffed. If there is shortage, hands must be bound by restraining material. For CICL, they shall not be handcuffed unless there is a valid reason to restrain them.
The number of persons handling the drug evidence from seizure to lab should be limited to the seizing officer, investigator-on-case or duly authorized members, and the PNP Crime Laboratory personnel.
It must be served by the police unit within ten (10) days from issuance; otherwise it is void, and it must be served in the exact place indicated.