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.