Objectives of Controlled Delivery
- Identify, arrest, and convict persons involved in drug offenses.
- Disrupt and dismantle organizations involved in drug smuggling.
- Broaden investigations to reach higher-level offenders and gather evidence.
- Prove possession by transport suspects beyond reasonable doubt.
- Identify offenders' assets for asset forfeiture proceedings.
Authorization and Approval for Controlled Delivery
- Controlled delivery requires prior written approval from the PDEA Director General.
- Requests must include detailed operational information including drug type, routes, suspects, and participating agencies.
- The Director General may refuse approval due to inadequate data, risks, resource constraints, legal uncertainties, or insignificant quantities.
Operational Planning and Coordination
- Agencies involved must evaluate costs and benefits before operations.
- An operation plan must assign roles clearly.
- Inter-agency agreements are required for coordinated enforcement.
- PDEA issues Standard Operating Procedures covering personnel, equipment, conduct of investigation, evidence handling, and reporting.
Foreign Law Enforcement Participation
- Foreign agencies may participate only with prior authorization and must operate under PDEA's authority.
- Use of foreign technical resources like surveillance devices requires proper jurisdictional approval.
Handling Changes and New Information During Operations
- Any operational delays, losses, or changes require immediate notification to PDEA Director General and relevant authorities.
- New intelligence discovered during operations must also be reported promptly.
Evidence Handling Procedures
- Evidence must be identified, processed, secured, photographed, and marked.
- Field tests and laboratory analysis are mandatory.
- Contraband should be replaced with inert substances to preserve evidence when possible.
- Coordination with prosecution authorities on evidence quantity used is necessary.
- Disable potential counter-surveillance devices on the contraband allowed to proceed.
- Use tracking devices where allowed.
- Employ special measures to connect suspects at operation termination.
- Follow strict accountability for large currency controlled deliveries.
- Utilize aerial surveillance if applicable.
Accountability for Lost Contraband
- Immediate notification to PDEA Director General and agency heads is required.
- Joint investigations within 24 hours or as soon as practicable must be conducted.
- Director General must report in writing to the Dangerous Drugs Board.
Completion and Reporting of Controlled Delivery Operations
- Upon conclusion, compliance with regulations on inventory, reporting, and laboratory analysis is mandatory.
- The PDEA officer-in-charge must ensure proper disposition of seized drugs and equipment.
- Director General of PDEA must submit operation reports to the Board.
Effectivity
- The guidelines become effective fifteen days after publication in a newspaper of general circulation.