PNP Manual on Anti-Illegal Drugs Ops

Legal basis and policy direction

The Manual requires PNP anti-illegal drug operations to conform to Republic Act No. 9165 (Comprehensive Dangerous Drugs Act of 2002) and its implementing rules.
The Manual requires strict observance of the Rules of Court and the constitutional rights of the accused under the 1987 Philippine Constitution and Republic Act No. 7438.
The Manual requires PNP operations to follow constitutional and legal limits justified under Section 24, Republic Act No. 6975 and related criminal procedure rules.
The Manual directs operations to uphold Transparency, Accountability, Adherence to the Constitution and the Law, and “TIRE” (Trustworthiness, Integrity, Responsibility, and Expertise) among team members.
Supreme Court rulings are treated as establishing that PDEA deputation is no longer necessary or required for PNP personnel assigned to anti-drug units, as reflected in People v. Sta. Maria (G.R. No. 171019, February 23, 2007) and People v. Rashamia Hernandez et al. (G.R. No. 184804, June 18, 2009).
The Manual expressly recognizes lawful authority for PNP warrantless arrests under Section 5, Rule 113 and search incident to a lawful arrest under Section 13, Rule 126 of the Rules of Court.
The Manual anchors legal guidance on DOJ Legal Opinion No. 67 (series of 2009).

Coverage, scope, and standardization

The Manual applies to all PNP members and PNP anti-drug units at all levels.
The Manual applies as implementing rules for Republic Act No. 9165.
The Manual applies to operations undertaken by authorized anti-illegal drug units such as AIDSOTF, RAIDSOTF, CAIDSOTF, SAIDSOTF, and other authorized units.
The Manual requires standardization of documents through the standardized pro-forma forms enumerated in Annex “A” to avoid confusion and preserve the chain of custody of evidence.

Core definitions used

Arrest means taking a person into custody so the person may be bound to answer for an offense.
Arresting Officer is the police officer responsible for apprehension of the suspects.
Buy-Bust Operation is an entrapment technique used by a peace officer to apprehend a criminal in the act of committing the offense.
Case-build up is a series of activities such as casing, validation, surveillance, verification, and similar steps up to completion of necessary information for possible operation.
Case Operation Plan (COPLAN) is a classified document detailing the anti-illegal drugs operation against specific targets.
Chain of Custody is the duly recorded authorized movements and custody of seized drugs or controlled precursors and essential chemicals, plant sources of dangerous drugs, or laboratory equipment from seizure/confiscation through forensic laboratory receipt, safekeeping, court presentation, and final disposition, including identity/signature of temporary custodians, and dates/times of transfers.
Chain of Custody Form is the document describing seized items, authorized evidence movements starting from seizure and inventory/examination by the PNP Crime Laboratory, identities/signatures of temporary custodians, dates/times of transfers, and final disposition.
Drug Evidence includes any dangerous drug or Controlled Precursor and Essential Chemical (CPEC), equipment, apparatus, paraphernalia, material, marked money, and other items seized or confiscated during anti-drug operations.
Drug Law Enforcement Operation is an official PNP action to achieve supply and demand reduction of dangerous drugs.
Investigation is collection of facts and evidence to identify the guilty party, locate the guilty party, and provide evidence of guilt.
Investigator-On-Case is the police officer responsible for investigation, evidence gathering, and preparation of documents for inquest or direct filing with the prosecutor’s office.
Seizing/Inventory Officer is the police officer designated to seize and inventory evidence from arrested suspects.
Search is examination of a person, house, papers, effects, or premises to discover contraband or evidence of guilt.
Search Warrant is an order in writing in the name of the People of the Philippines, signed by a judge, directing a peace officer to search for property described and bring it before the court.
Use of Force is application of reasonable force to subdue or effect arrest of violators of Republic Act No. 9165.
Ground Commander is the designated commissioned police officer physically present in the target area responsible for overall supervision and control of the operation by a composite unit.
High-Profile Targets (HPT) are illegal drug personalities (local or foreign) involved in manufacture, importation, exportation, large-scale distribution, transport or delivery of large quantities, CPECS, laboratory equipment/apparatus, maintenance of drug dens, dives or resorts, and cultivation of plant sources of dangerous drugs.
Flagrante Delicto means the act of committing any violation of Republic Act No. 9165 for purposes of this Manual.

Authority, coordination, reporting, and planning

PNP members and units are authorized to conduct anti-illegal drug operations, with eventual case transfer to the PDEA based on Supreme Court decisions recognizing that PDEA deputation is no longer necessary or required for PNP personnel assigned with anti-drug units (People v. Sta. Maria; People v. Rashamia Hernandez).
PNP anti-drug units must coordinate with the PDEA prior to any anti-drug operations as far as practicable.
PNP anti-drug units must inform the PDEA within 24 hours from the time of actual custody of the suspects or seizure of drugs/substances and paraphernalia/transport equipment used in illegal activities, and must regularly update PDEA on case status (Section 86[a] IRR of Republic Act No. 9165).
The meaning of “as far as practicable” permits exceptions when prior coordination is not feasible, including remote places where coordination is not possible, coordination that compromises lives of operatives/informants/witnesses, coordination that prejudices apprehension and confiscation, and coordination that compromises the entire police operation; post coordination replaces prior coordination in these situations.
In every successful anti-drug operation, specified anti-drug units (PNP SAIDOTG, DAIDSOTG, PAIDSOTG, RAIDSOTG, NOSUs) must submit to the PNP AIDSOTF and the Directorate for Operations the following reports: Spot Report, Development Report, After Operation Report, and Progress Report.
Operations must be preceded by adequate planning and preparation to ensure successful prosecution, observance of suspects’ human rights, safety of operating elements, and security and integrity of seized evidence.
High-profile targets involving clandestine laboratories, multinational targets, and transshipments must be covered with a COPLAN submitted to PNP AIDSOTF for evaluation and consideration.
The team leader must determine the number of agents based on expertise, experience, and technical aptitude.
The team leader must conduct a detailed briefing before operations, using appropriate charts/maps/photos, and must clearly discuss each member’s specific duties.
Planning must cover proper handling and disposition of apprehended suspects and seized items, with no release of apprehended persons without clearance from the duly designated authority.
The team leader must ensure appropriate warrant(s) are obtained in coordination with the assigned legal officer.
Without sacrificing operational security, coordination with local police units is required to prevent confrontation.
The team leader must designate an investigator to keep and preserve notes recording the actual conduct of the operation for prosecution use and future operations.
Operating units must designate a seizing officer responsible for taking custody of drug and non-drug evidence handled in accordance with Section 21, Republic Act No. 9165 and its implementing rules.
The team leader must submit a copy of the case folder to PDEA after filing.
No PNP personnel may conduct a planned anti-illegal drug operation unless assigned as a member of an authorized anti-drug unit.

Conduct of operations and constitutional safeguards

All anti-illegal drug operations conducted by a team must be led by a police commissioned officer, except in far-flung areas where there are no assigned PCOs.
Team leaders must ensure all actions follow the law, the crime scene is preserved and well-managed, suspects are properly arrested, evidence is taken into custody, and safety of operating elements and innocent people is ensured.
Every PNP anti-drug unit must have at least one (1) female operative responsible for arresting and frisking female suspects and for taking into custody children found in the operation area.
A desk officer must maintain a record of events including jump-off time and date, team leader’s name, operational areas, and vehicles used, and must preserve a record book as part of the operation documents.
Upon arrival, the team leader must conduct instant area observation and assessment and give last-minute instructions as needed.
Arresting elements must act quickly with reasonable force, anticipating possible resistance and concealed deadly weapons within arrestee body/vehicle/within arms reach.
Arrested suspects must be apprised of constitutional rights, emphasizing rights to remain silent and to competent and independent counsel of choice, with counsel provided if the suspect cannot afford one, in a language understandable to the suspect; foreign nationals or persons with impaired senses must be informed accordingly or through an interpreter if practicable.
Arrested suspects must be handcuffed; when there is a shortage of handcuffs, suspect hands must be bound using any restraining material.
Children in conflict with the law (CICL) must not be handcuffed unless there is a valid reason to restrain them.
Evidence found from suspects or in the area must be handled according to the Manual’s evidence procedures.
After return to station, the duty desk officer must record the time/date of return, arrested persons’ names, and significant circumstances.
PNP members must appraise suspects before making any arrest, detention, and investigation, emphasizing rights to remain silent and to counsel, consistent with Republic Act No. 7438 and Rule 113 of the Rules of Court.
No PNP member may conduct a planned anti-illegal drug operation unless a member of an authorized anti-drug unit.

Evidence handling, custody, and disposition rules

Handling, custody, and disposition of evidence must strictly follow Section 21, Republic Act No. 9165 and its implementing rules.
Photographs of evidence must be taken upon discovery without moving or alerting the evidence’s position, including photographs during recording of inventory and weighing of dangerous drugs, with camera-focused registered weight where possible, and in the presence of persons required under Section 21, Article II, Republic Act No. 9165.
The seizing officer must mark evidence using the seizing officer’s initials indicating date, time, and place of discovery/seizure.
The seizing officer must secure and preserve evidence in a suitable evidence bag or appropriate container for further laboratory examination.
When urgent action is required, suspected drug evidence may be tested using a drug test kit (“afield-tested”); a positive result is a basis for seizure and further drug analysis.
Containers/packaging/equipment suspected of trace drug content are treated as drug evidence and must be submitted for drug analysis.
In negation operations, a seizing officer is designated to inventory and keep initial custody of drug and non-drug evidence during anti-drug operations, then turn over to the investigator-on-case or to any member of the apprehending team, for Crime Laboratory examination and proper disposition.
Cellphones, computers/laptops, or other electronic equipment/gadgets must be preserved properly for evidentiary purposes and technical exploitation.
Upon seizure/confiscation of dangerous drugs or CPECs, laboratory equipment/apparatus/paraphernalia, the seizing/inventory officer must conduct physical inventory, markings, and photographs at the place of operation in the presence of: the suspect/s or the person/s from whom items were seized or their representative/counsel; a representative from the media; a representative from the Department of Justice; and any elected public official who signs and receives copies of the inventory.
For seizures covered by search warrants, inventory must be conducted in the place where the search warrant was served.
For warrantless seizures like buy-bust operations, inventory and photographs are done at the nearest police station/office of the apprehending officer/team; inventory may also be conducted at the seizure place.
If Section 21 procedures are not observed, law enforcers must provide an explanation justifying non-observance and must prove integrity and evidentiary value of seized items were not tainted.
All dangerous drugs and/or CPECs must be properly marked, weighed when possible or counted, sealed, packed, and labeled, with gross weight noted in inventory/chain of custody forms or evidence vouchers when already determined.
The seizing/inventory officer must prepare a list of inventory receipts within the same period, including: time/date/place of occurrence/seizure; arrested persons’ identities; seizing officer and persons present; circumstances of seizure; description of searched vehicle/vessel/place/person where substances were found; description of packaging/seals identifying features; description of quantity/volume/units and method of measurement; description of the substance; and description of preliminary identification test kit used and results.
Seized drugs and/or CPECs must be submitted to the PNP Crime Laboratory within 24 hours upon confiscation/seizure when practicable for examination and proper disposition.
The seizing officer must turn over all drug evidence to the investigator-on-case, who must in turn turn over to the PNP Crime Laboratory for examination; receipts are required at each turnover phase.
The seizing officer must accomplish and sign the chain of custody form accompanying evidence to the investigator-on-case or the Crime Laboratory.
Non-drug evidence must be photographed, inventoried, and marked in accordance with Section 21, Republic Act No. 9165, including: buy-bust money (if applicable); vehicles with a sticker showing suspects’ names, date/time of arrest, arresting unit, and arresting officers; firearms/ammunition/explosives/deadly weapons with tags showing the same; smaller evidence placed inside evidence bags marked with the required data; and electronic gadgets with attached tags containing necessary description.
The investigator-on-case must immediately prepare a detailed report after the operation, including photographs of all seized/confiscated non-drug evidence, and as far as practicable ensure presence of a lawyer from the Legal Service to help ensure testimonies/information will stand legal scrutiny.
For seized/confiscated motor vehicles, a Technical Inspection Report (TIR) must be prepared immediately after seizure/confiscation, and if possible the suspect/occupant should be present to affix signature.
Chain of custody integrity must be preserved by the seizing officer.
The number of persons handling drug evidence from seizure/confiscation must be limited to: the seizing officer, investigator-on-case, or duly authorized members, and authorized PNP Crime Laboratory personnel; non-drug evidence must be turned over to the evidence custodian.
An acknowledgment receipt must be issued by the evidence receiver and must form part of the case folder of the transmitting unit.
The seizing officer must accomplish and sign the chain of custody form to accompany evidence up to the PNP Crime Laboratory.

Buy-bust procedures, reporting, and inquest

All warrantless arrest, search, and seizure actions in buy-bust operations must comply with Section 5, Rule 113 and Section 13, Rule 126 of the Rules of Court, and relevant Supreme Court decisions.
Before buy-bust, the team leader must ensure submission of classified prior reports including: Summary of Information, Special Reports, Surveillance Report, Contact Meeting Report, and Development Report.
If necessary, a test buy must be conducted; any dangerous drugs purchased must be photographed, marked, packaged, sealed, and submitted to the PNP Crime Laboratory for examination, and the PNP Crime Laboratory must issue a laboratory result.
Buy-bust money must be duly marked or dusted with ultra-violet powder by the PNP Crime Laboratory, photographed, reproduced/recorded showing serial numbers, the person who released the money, the officer who received it, and delivery to the Crime Laboratory for dusting; the money receiver must issue a receipt.
Prior coordination with PDEA and territorial police units must be prepared as far as practicable.
Inventory receipt and technical inspection receipt forms and other required pro-forma documents must be prepared.
The team leader must ensure readiness and inspection of firearms, communications, vehicles, camera, and other equipment and documents used by team members.
The team leader must ensure contact numbers of representatives from DOJ, Media, and local elected officials are available for inventory purposes.
The team leader must brief operating members on roles and the agreed pre-arranged signal executed by the poseur-buyer after consummation of the sale.
The Manual provides typical team composition roles: team leader; optional assistant team leader; poseur-buyer; arresting officer; investigator-on-case; seizing/inventory officer; back-up security; and recorder; team composition may be modified depending on operational demands.
During buy-bust, the poseur-buyer must ensure the suspect delivers dangerous drugs or accepts marked/dusted money before giving the prearranged signal.
Arresting officers must arrest the suspect(s) upon execution of the pre-arranged signal and must introduce themselves as police officers.
Arresting officers must inform arrested suspects of constitutional rights in a language understandable to them.
After arrest, arresting officers must search the suspect’s body to recover buy-bust money and/or deadly weapon.
The seizing officer must immediately seize and take initial custody of the dangerous drugs.
The seizing officer must conduct actual physical inventory, place markings, and photographs at the place of operation in the presence of: the accused/persons from whom items were seized or their representative/counsel; media representative; DOJ representative; and any elected public official (at least Barangay Kagawad) who signs and receives copies.
Witness presence is required only during physical inventory.
In warrantless searches like buy-bust, inventory and photographs should be made where evidence is confiscated; if not, inventory may be done at the nearest police station/office, but law enforcers must execute a written explanation to justify non-compliance with Section 21 inventory rules.
The arresting/seizing officer must turn over arrested suspects and seized evidence to the investigator-on-case with required acknowledgment receipt.
After buy-bust, the investigator-on-case must prepare a Case Referral to the prosecutor’s office for inquest proceeding for violation of Section 5, Article II, Republic Act No. 9165, and must attach listed documents including spot report copy, inventory of property seized under oath copy, lab examination request/result copy, physical/medical examination and drug test request/result copy, ultra-violet examination request/result copy, affidavit of arrest, affidavit of poseur buyer, initial drug test result copy, receipts of turn-over of evidence and suspects, booking sheet/arrest report, and photographs.
The investigator-on-case must bring arrested persons with arresting personnel/seizing officer/witnesses and evidence to the prosecutor’s office for inquest.
After inquest, the investigator-on-case may ask the court for a commitment order for turnover to the jail warden pending trial, attaching booking sheet, medical examination certificate, and court/inquest disposition copy.
The Manual directs filing within reglementary periods under Article 125 of the Revised Penal Code, providing 12 hours for light offenses, 18 hours for less grave offenses, and 36 hours for grave offenses.
The investigator-on-case must submit an After-Inquest Report to the chief of office and furnish the PDEA a copy of the case folder, regularly updating PDEA on status.
The investigator-on-case and arresting officers must maintain a Case Tracking/Monitoring System or Record of the Case and must inform in writing immediate and higher offices if the case is dismissed or the suspects are released for further investigation by the prosecutor.
The chief of office must ensure police witnesses attend and testify in court; witnesses must secure a Certificate of Appearance from the court and submit an After Court-Duty Report.

Search warrants: application, service, and return

The Manual governs responsibilities of anti-drug units for application and implementation of search warrants.
Before applying, the team leader must ensure prior data/information is reduced into classified reports including: Summary of Information, Contact Meeting Report, Surveillance/Casing Report, and Development Report.
Once identity, movements, activities, and location are established, a test-buy must be undertaken if necessary, or a sample may be obtained from the suspect to test genuineness of dangerous drugs.
In clandestine laboratory and chemical warehouse contexts, samples of finished product or CPECs may be obtained, including photographs of laboratory equipment/apparatus, without compromising the whole operation.
Laboratory examination must be requested, and evidence obtained in the test-buy submitted to the PNP Crime Laboratory.
If the laboratory examination result is positive, deposition of two (2) witnesses with reasons to believe the crime is being committed must be prepared to support application for issuance of the search warrant under Rules of Criminal Procedure, Rule 126.
For search warrant applications before local courts, approvals must come from the Regional, Provincial, District, City Directors, Chief of Police, and NOSU Directors, or their duly designated authority.
If reasonable grounds exist to believe local-court application would compromise operation, applications may be filed before Executive Judges of Manila and Quezon City with personal endorsement of the C, PNP or TDIDM, consistent with Supreme Court A.M. No. 08-4-4-SC (July 7, 2009).
The search warrant application must contain: office applying; applicant/deponent-witnesses and approving authority names/signatures; subject and aliases; nature of offense; exact address of place to be searched; specific statement of facts and items to be seized (including facts justifying service other than daytime if necessary); sketch and pictures of place to be searched; and description or pictures of subject persons if available.
Applications are filed with court of jurisdiction during office hours upon approval by the chief of office concerned.
Applications may be filed after office hours and during Saturdays, Sundays, and holidays if the applicant certifies under oath that issuance is urgent to the satisfaction of the judge under Supreme Court Administrative Circular No. 19 (August 4, 1987).
After issuance, the team leader must inform the chief of office of warrant implementation, and the warrant-acquiring unit must inform PNP-AID-SOTF for monitoring.
A search warrant must be served within ten (10) days from issuance, otherwise it is void, and it must be served in the exact place stated.
Service must be under supervision of the team leader, chief of office, or ground commander.
An operating team must be organized regardless of size, with taskings including: supervisor; entry team; searching and investigating team; perimeter/security team; VIP/media handling team; and processing/SOCO team.
The SOCO team is mandatory when the subject of the search warrant is a clandestine laboratory, chemical warehouse, or storage facility.
The SOCO team must include: team leader; site safety control officer (preferably a chemist trained in clandestine lab site safety/emergency procedures); forensic chemist; evidence log recorder/custodian; photographer; sketcher; fingerprint specialist; and driver/security; other teams may be added such as medical/HAZMAT/firefighting.
Information regarding proposed search and seizure must be disseminated on a need-to-know basis, with operational plans kept among immediate members.
Pre-search briefing must assign taskings without mentioning identities of the subject or description and location of the target place during initial briefing.
If multiple units are involved, the ground commander must be designated and brief team leaders; sequential briefing must occur for each team’s members.
A command post must be established strategically.
Pre-entry assignments must include plans for custody/handling of evidence, arrested suspects, seized vehicles, and minor suspects.
Final briefing must occur immediately prior to jump-off, as close as possible to SW implementation time, to preserve confidentiality while revealing detailed description/identity of suspects and exact target area to team members.
During entry stage, the entry team must enter and secure, the search team must take control, and perimeter/security must establish a police line.
The team leader must read/explain and furnish the search warrant to suspects/occupants in the presence of at least two (2) witnesses, preferably elected officials or responsible persons.
If there is resistance, entry group must subdue with necessary and reasonable force after loud and clear notice of authority/purpose and waiting for a reasonable time for the occupant to open the door.
During search procedure: each subject/occupant must be properly identified and frisked for weapons, kept present during search, and placed in a secured place; the search must be witnessed by the subject and at least two (2) responsible persons.
Only properties particularly described in the warrant must be seized, including (as applicable): items subject matter of the offense; stolen/embezzled proceeds/fruits; items used or intended to be used to commit an offense; items illegal per se (e.g., firearms/explosives); and proof of offense such as documents used as evidence in an Anti-Money Laundering case context.
If premises have two (2) or more rooms/enclosures, each room/enclosure must be searched one (1) at a time with the same witnesses.
Photographs must be taken of the search made and then of the actual physical inventory and markings of seized items in presence of arrested suspects and the required Section 21 witnesses.
Owners/occupants and witnesses must execute and sign certifications that search was orderly and conducted in their presence and nothing was lost/destroyed and nothing was taken except items mentioned in the search warrant; refusal must be indicated and copies of the receipt of seized items/property must be given.
For inventory of seized items: the seizing officer must immediately take possession for proper disposition; in clandestine lab/warehouse cases, CPECs or other property must be accounted in an inventory receipt attached to the search warrant and described with physical description, location, time/date, and seizing officer’s name.
Upon seizure, inventory/photographs/markings must be conducted in the presence of: arrested suspects/persons from whom seized or representatives/counsel; media; DOJ representative (must be prosecutor); and elected public officials.
Seizing officer must issue detailed inventory receipt to the person in whose possession items were found and to the witnesses required under Section 21, Republic Act No. 9165.
After the search/return of search warrant: the applicant must immediately deliver (actual or constructive by fastest means such as phone) things/property seized to the issuing judge with inventory duly verified under oath.
For clandestine laboratory cases, the applicant/team leader must immediately call and inform the issuing judge and seek approval for subsequent turnover of seized evidence to the investigator-on-case or PNP Crime Laboratory.
After court approval, the seizing officer coordinates with investigator-on-case for turnover of seized evidence to the PNP Crime Laboratory for examination and proper disposition; the investigator-on-case prepares referral to the PNP Crime Laboratory.
Arrested suspects are brought to the operating unit’s office