Controlled Delivery Operations Guidelines

Policy aim and core purpose

Section 2 provides that the purpose of controlled delivery is to delay seizure of dangerous drugs or controlled precursors and essential chemicals (or substances substituted for them) and to suspend detaining the courier(s).
The controlled delivery method is used to identify, arrest, and convict offenders (Section 2(a)).
It is used to disrupt and dismantle criminal organizations engaged in smuggling drugs or other contraband (Section 2(b)).
It is used to broaden investigations, identify additional and higher level offenders, and obtain further evidence (Section 2(c)).
It is used to establish evidentiary proof that suspects used by these organizations to transport drugs and other contraband were knowingly in possession of illegal substances (Section 2(d)).
It is used to identify offender(s) assets for asset forfeiture proceedings (Section 2(e)).

Key definitions and covered terms

Section 1 defines “Board” as the Dangerous Drugs Board.
Section 1 defines “Controlled Delivery” as an investigative technique allowing an unlawful or suspect consignment of dangerous drugs and/or controlled precursors and essential chemicals (or equipment/paraphernalia or property believed derived from an offense) to pass into, through, or out of the country under supervision of an authorized officer, to gather evidence to identify persons involved or facilitate prosecution.
Section 1 defines “Controlled Precursor and Essential Chemicals” as those listed in Tables I and II of the 1988 UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, as enumerated in the attached annex, and an integral part of Republic Act No. 9165.
Section 1 defines “Dangerous Drugs” as those listed in the schedules annexed to the 1961 UN Convention on Narcotic Drugs (as amended by the 1972 Protocol) and the schedules annexed to the 1971 UN Convention on Psychotropic Substances, as enumerated in the attached annex, and an integral part of Republic Act No. 9165.
Section 1 defines “Illegal Trafficking” to include illegal cultivation, culture, delivery, administration, dispensation, manufacture, sale, trading, transportation, distribution, importation, exportation, and possession of dangerous drugs and/or controlled precursor and essential chemicals.
Section 1 defines “Laboratory Equipment” to include paraphernalia, apparatus, materials, or appliances used, intended for use, or designed for use in manufacture of dangerous drugs or controlled precursors and essential chemicals, with enumerated examples such as reaction vessel, separatory funnel, flask, heating mantle, gas generator, and substitutes.
Section 1 defines “LEO/s” as Law Enforcement Officer/s and “PDEA” as the Philippine Drug Enforcement Agency.

Authorization, requisites, and approval limits

Section 3(a) requires prior authorization for conducting controlled delivery operations in the Philippines.
Section 3(b) empowers the Director General of PDEA to approve in writing a request by PDEA units or a domestic or foreign counterpart enforcement agency for controlled delivery to take place in transit or in any way involving the Philippines for a specific purpose and specified period.
Section 3(c) authorizes the Director General of PDEA to require specific information, including:
- the reason/justification for the operation (Section 3(c)(i));
- the type and quantity of the drug (Section 3(c)(ii));
- the planned point of entry and, if applicable, exit (transit) in Philippine territory (Section 3(c)(iii));
- the means of transport and intended route (Section 3(c)(iv));
- the suspects’ identity, nationality, whereabouts, accomplices, home address, etc. (Section 3(c)(v));
- the organization providing information, responsible for the operation in the requesting country, and how to contact that agency (Section 3(c)(vi));
- details of law enforcement agencies participating (police, customs, coast guards, etc.) (Section 3(c)(vii));
- details of special techniques to be used (undercovered agents, informers, surveillance equipment, etc.) (Section 3(c)(viii));
- and other information required from time to time (Section 3(c)(ix)).
Section 3(d) authorizes the Director General to refuse to allow a controlled delivery operation to be carried out for some or all of these reasons:
- inadequate information about the consignment or transporter (Section 3(d)(i));
- other transit countries do not give their consent (Section 3(d)(ii));
- risk of losing suspects and drugs (Section 3(d)(iii));
- lack of resources (Section 3(d)(iv));
- final destination unknown or uncertain (Section 3(d)(v));
- no certainty that prosecution will be brought (Section 3(d)(vi));
- lack of material time to act due to short notice (Section 3(d)(vii));
- scale of traffic does not justify operation cost (Section 3(d)(viii));
- quantity is small and does not meet prosecutorial or receiving jurisdiction’s threshold levels—except when a controlled delivery is necessary to develop a more significant investigation based on any of the following:
  - prior criminal history associated with recipient of parcel (Section 3(d)(ix), proviso);
  - multiple similar prior shipments to the same person or location (Section 3(d)(ix), proviso);
  - agreement by all parties that controlled delivery is necessary (Section 3(d)(ix), proviso);
- and other reasons prescribed from time to time (Section 3(d)(x)).
Section 3 focuses authorization within Philippine territory and for operations “in transit” or “in any way involving the Philippines,” requiring Director General written approval.

Planning, coordination, and inter-agency framework

Section 4 designates the PDEA as lead agency and requires other law enforcement agencies concerned to:
- weigh costs/benefits before committing to a controlled delivery operation (Section 4(a));
- establish a realistic degree of manpower involvement, support equipment, and fund allocation from the outset (Section 4(b));
- prepare an Operation Plan and briefing sheet detailing each law enforcement agent/officer’s assignment (Section 4(c));
- enter into an inter-agency agreement/understanding for joint and/or coordinated investigations, including controlled delivery operations (Section 4(d)).
Section 4 requires the PDEA to promulgate Standard Operating Procedures (SOPs) for operational conduct of controlled delivery operations.
The SOPs must provide operational guidance on planning and management, including personnel, equipment, coordination, initiation of controlled delivery operations, organization for controlled delivery, conduct of investigation, evidence handling, actions when dangerous drugs or controlled precursor and essential chemicals are lost, and prescribed reporting formats (Section 4).

Foreign participation and technical resources

Section 5 authorizes the Director General of PDEA to allow foreign law enforcement agencies to take part under these conditions:
- prior authorization is requested and obtained from the Director General of PDEA (Section 5(a)(i));
- foreign officers agree to act under the authority of the Director General of PDEA (Section 5(a)(ii)).
Section 5(b) authorizes the Director General of PDEA to accept technical resources such as video and audio tracking and monitoring devices, subject to authorization by the proper jurisdiction.

Operational changes and real-time reporting

Section 6 requires that if a controlled delivery does not proceed on schedule due to unexpected delay, loss of drugs/contraband cargo, change in location or route, or change in intended recipient, the responsible supervisory PDEA officer must relay this information and make appropriate recommendations.
The notification and recommendation must be made as soon as possible to the Director General of PDEA and counterparts in transited or receiving jurisdictions (Section 6).
Section 6 applies the same notification process to newly developed information unknown at initiation.

Evidence handling and investigative integrity

Section 8 requires evidence handling to be guided by the type of controlled delivery, officer safety risks, and operational integrity.
Section 8(a) requires identification, processing, and securing of all evidence relating to the seizure, as practicable, before conducting the controlled delivery.
Section 8(b) requires photographing, videotaping, and photocopying evidence upon discovery and after removal from the place of concealment.
Section 8(c) requires marking the evidence and the container for future identification when practicable.
Section 8(d) requires field testing narcotic evidence.
Section 8(e) requires laboratory analysis for the case file after completion of a controlled delivery.
Section 8(f) directs that whenever practical, all but the prescribed amount that can be retained pursuant to DDB Regulation No. 1, s. 2002 on custody and disposition be removed and replaced with an inert substance to prevent destruction of evidence, and to be in accordance with prosecutorial guidelines, law, and policy.
Section 8(g) requires coordination of all decisions regarding the amount of contraband utilized in a controlled delivery with the appropriate prosecutorial authority.
Section 8(h) requires that if contraband is discovered during inspection or law enforcement activity that is allowed to proceed to intended destination under surveillance, potential counter-surveillance devices or weapons be disabled to prevent use by the violator.
Section 8(i) requires installing a tracking device on or inside the evidence where tracking device is available and allowed by proper jurisdiction.
Section 8(j) requires special measures to assure connection with the suspects when the controlled delivery is terminated.
Section 8(k) requires using currency/monetary instrument procedures for accountability where controlled delivery involves large amounts of currency.
Section 8(l) requires obtaining background information on any corporations involved and personal information on the suspected driver when available.
Section 8(m) authorizes aerial surveillance when available and needed, as part of operational measures.

Lost contraband accountability

Section 9 requires immediate notification of the Director General of PDEA and heads of appropriate law enforcement agencies if contraband is lost during enforcement operations (Section 9(a)).
Section 9(b) requires that within 24 hours or as soon as practicable, the PDEA as lead agency conducts a joint investigation with the concerned law enforcement agency and makes appropriate recommendations.
Section 9(b) requires the Director General of PDEA to inform the Board in writing about the loss and the action taken.

Completion, custody rules, and reporting

Section 10 requires that when the operation is completed and results in seizure, arrests, and subsequent filing of the case in the proper jurisdiction, the PDEA officer in charge ensure compliance with the relevant provisions of DDB Regulations No. 1-2002, specifically those pertaining to inventory, reporting, and laboratory analysis.
Section 10 requires that the Director General of PDEA render a report of the completed controlled delivery operation to the Board.

Related regulations expressly referenced

Section 8(f) expressly references DDB Regulation No. 1, s. 2002, titled “Guidelines on Custody and Disposition of Seized Dangerous Drugs, Controlled Precursors and Essential Chemicals and Laboratory Equipment,” for rules on retention amounts, evidence preservation, and related prosecutorial compliance.
Section 10 expressly directs compliance with DDB Regulations No. 1-2002 provisions on inventory, reporting, and laboratory analysis.

Authority and composition noted in adoption

The regulation is adopted with signatories including the Director-General, Philippine Drug Enforcement Agency and other members/ex-officio members representing the indicated government agencies, reflecting the Dangerous Drugs Board adoption process.
The regulation is attested by the Undersecretary, Executive Director and Board Secretary, DDB, as part of the board’s formal adoption.