Title
PNP Manual on Anti-Illegal Drugs Ops
Law
Aidstf Pnp Manual On Anti-illegal Drugs Operation And Investigation
Decision Date
Mar 17, 2010
The PNP Manual on Anti-Illegal Drugs Operation and Investigation establishes standardized procedures and guidelines for Philippine National Police members to effectively enforce drug laws while ensuring adherence to human rights and the integrity of evidence in compliance with RA 9165.

Declaration of Policy and Governing Principles

  • Operations must conform with RA 9165, rules of court, Bill of Rights (1987 Constitution), allied laws, and international human rights principles.
  • Core principles include transparency, accountability, constitutional adherence, and maintaining trustworthiness, integrity, responsibility, and expertise (TIRE).
  • Preservation of integrity of evidence chain of custody and the rights of suspects during custodial investigations is mandated.

Scope and Application

  • Manual applies to all PNP members and anti-illegal drug units at all levels enforcing RA 9165.

Standardization of Forms

  • To maintain uniformity and preserve evidence integrity, all documents must use standardized pro-forma forms specified in the Manual annex.

Definitions of Key Terms

  • Arrest: Taking a person into custody for criminal accountability.
  • Buy-Bust Operation: Entrapment technique to catch offenders in the act.
  • Chain of Custody: Documented custody transfers of seized drugs, ensuring evidentiary integrity.
  • Controlled Precursors and Essential Chemicals (CPECs): Substances listed under international agreements and RA 9165.
  • Confidential Informant, Investigator-On-Case, Poseur-Buyer, Team Leader, and other roles are clearly defined.
  • Use of Force limited to reasonable means necessary to subdue suspects.

General Rules and Procedures

  • Authority to Operate granted under RA 6975 (as amended), RA 9165, and Supreme Court decisions, with warrantless arrests allowed following Rules of Court provisions.
  • Coordination with PDEA is mandatory "as far as practicable" before operations; exceptions include remote areas or operational security concerns.
  • Reporting: Spot, Development, After Operation, and Progress Reports must be submitted to PNP AIDSOTF.
  • Planning includes intelligence gathering, team member selection based on expertise and experience, detailed briefing, and ensuring legal compliance including obtaining warrants.
  • Conduct of operations requires clear leadership by a commissioned officer, safety of all persons, proper arrest protocols including informing constitutional rights, and maintaining documentation.

Handling, Custody, and Disposition of Evidence

  • Strict observance of Section 21, RA 9165.
  • Drug evidence must be photographed in situ, marked, inventoried with witnesses including the suspect’s counsel, media representatives, DOJ, and public officials.
  • Seizing officer responsible for proper packaging, marking, and timely submission to the PNP Crime Laboratory.
  • Chain of custody forms must document every physical transfer.
  • Non-drug evidence also requires proper inventorying and technical inspection.

Airport and Maritime Interdiction Operations

  • PNP Aviation Security Group and Maritime Group tasked with airport and maritime anti-drug interdictions.
  • Coordination with other agencies including PNP AIDSOTF and customs.
  • Procedures for boarding, searching, securing ships and suspects, and sealing evidence following RA 9165 guidelines.

Responsibilities of National Operating Support Units (NOSUs)

  • May conduct arrests and seizures within their regular functions consistent with Rules of Court.
  • Cases must follow in flagrante delicto procedures.

Handling of Information on High Profile Targets

  • Information regarding high-profile targets, clandestine laboratories, and chem warehouses referred to PNP-AIDSOTF for joint operations.

Observance of Suspect Rights

  • Suspects must be informed of constitutional rights prior to arrest/detention/investigation in compliance with RA 7438.

Specific Rules for Planned Operations

  • Buy-Bust operations require extensive preparation, including marking money with UV powder, coordination with PDEA, and team briefing.
  • Team composition typically includes Team Leader, Poseur Buyer, Arresting Officer, Investigator-On-Case, Seizing Officer, Recorder, and Backup Security.
  • Execution requires securing evidence through documented procedures involving witnesses.

Search and Seizure by Warrant

  • Applications must be supported by verified classified reports and lab test results.
  • Search warrants to be issued by local courts or Executive Judges with specific prescribed contents.
  • Service of warrant requires organized teams for entry, search, perimeter, media handling, and forensic processing.
  • Strict rules for entry, search procedure, inventorying seized items with proper witnesses, and immediate presentation of inventory to the issuing judge.
  • Post-entry procedures to submit evidence to the Crime Laboratory and suspects to medical/drug tests.

Marijuana Eradication Operations

  • Based on intelligence and verification.
  • Operational planning with local police and armed forces coordination.
  • Armed resistance handled by specialized assault teams.
  • Manual destruction of plants with photographic documentation and sample collection.

Financial Investigation

  • Surveillance includes gathering financial records related to suspects.
  • Referrals to Anti-Money Laundering Council for further action.

Controlled Delivery Operations

  • Conducted after extensive intelligence.
  • Limited timeframe, isolation of operating members to prevent leaks.
  • Methods include escorting courier or surveillance techniques.

Investigation and Handling of Clandestine Laboratories

  • Extreme caution for hazards including firearms, chemicals, and booby traps.
  • Coordination with PNP AIDSOTF mandatory.
  • No use of sensory identification of substances.
  • Evidence preserved and properly documented with restricted handling.
  • Environmental hazard protocols to follow Department of Health and Environment regulations.

Unplanned Operations - In Flagrante Delicto

  • Warrantless arrests and searches allowed in certain circumstances enumerated under RA 9165 and Rules of Court.
  • Procedures require immediate arrest, seizure, physical inventory, photographing and marking of evidence, submission to PNP Crime Laboratory, and prompt presentation of suspects for medical and drug testing.
  • Proper documentation and reporting mandatory.

Penal and Administrative Sanctions

  • Criminal liability under RA 9165 for PNP personnel for misappropriation, planting evidence, failure to appear as witness, negligence causing case dismissal, among others.
  • Administrative liability includes summary dismissal for grave misconduct.

Miscellaneous Provisions

  • Observance of laws protecting children in conflict with the law (CICL).
  • Compliance with all Dangerous Drugs Board regulations.

Final Provisions

  • Repeals inconsistent prior directives.
  • Manual effective upon approval of Chief PNP with NAPOLCOM concurrence.

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