Designation of the Philippine National Police (PNP) in Drug Law Enforcement
- PNP is the premier and overall enforcement agency for anti-drug operations nationwide per Presidential Letter of Instructions No. 1 and Executive Order No. 61.
- The PNP’s intensified campaign aims to curb the destruction caused by illegal drugs to individuals and society.
Directive for an All-Out Anti-Illegal Drugs Campaign
- The Commission directs PNP leadership at all levels to undertake immediate, sustained anti-drug operations.
- Issuance of rules to govern the campaign ensures effectiveness and accountability.
Implementation of the Doctrine of Command Responsibility
- PNP officers at all command levels will be held accountable for neglect of duty involving illegal drug activities by subordinates or within their jurisdiction.
- Knowledge of crimes is presumed under specific circumstances including widespread or repeated illegal acts, or involvement of immediate staff.
- Executive Order No. 226 institutionalizes this doctrine within government offices.
Application of Command Responsibility in the National Capital Region Police Office (NCRPO)
- Regional Director accountable over district directors and battalion commanders.
- Presumption of negligence if widespread illegal drug issues exist in two or more districts within three months.
- District Directors accountable over City/Municipal Chiefs and Station Commanders with similar presumption criteria based on operations and arrests.
- Chiefs of Police/Station Commanders accountable over sub-stations with presumption of negligence triggered by similar criteria.
Application of Command Responsibility in Regional Offices Outside NCR
- Regional Directors accountable over provincial, district, city directors, and mobile force battalion commanders.
- Presumption of negligence if two or more provinces under jurisdiction have widespread drug problems within three months.
- Provincial/City Directors accountable over police stations, with presumption based on multiple police stations/sub-stations having widespread drug incidence.
- Police Station Chiefs accountable over sub-stations or precinct commanders with specific thresholds for presumption of negligence.
- Sub-Station/Police Community Precinct Commanders accountable for their personnel and presumed negligent if widespread illegal drugs are found.
Additional Circumstances Triggering Command Responsibility
- Confiscation of certain quantities of dangerous drugs or related paraphernalia during raids by units not organic to the area.
- Failure to intensify intelligence operations, evidenced by detection of clandestine drug labs or marijuana plantations.
- Inaction within one week following reports of drug operations or PDEA monitoring results.
- Affidavits or sworn statements from reputable individuals attesting to the presence of illegal drug operations.
- Coordinated operations with PDEA by PNP officers are exempted from liability, but mere support without active participation does not exempt them.
Procedures and Penalties for Violations
- Officers found to have probable cause for negligence or complicity subject to immediate relief from duty and pre-charge investigations with 10-day termination.
- Preventive suspension pending formal investigation per Napolcom Memorandum Circulars.
- Failure to appear as prosecution witness without valid reason punishable.
- Administrative charges per RA 6975 and RA 8551, including penalties up to dismissal from service depending on severity.
Specific Offenses Subject to Administrative and Criminal Sanctions
- Importation, trading, dispensing, delivery, distribution, transport of dangerous drugs/controlled substances.
- Maintaining drug dens or resorts.
- Possession of dangerous drugs or precursors regardless of quantity or purity, especially listed substances like opium, heroin, shabu, marijuana, ecstasy, LSD, and other newly introduced drugs.
- Misappropriation or failure to account for seized drugs, chemicals, equipment, or proceeds.
- Planting of evidence defined as malicious insertion of illegal drugs to implicate innocent persons.
- Protecting or shielding violators through influence or power.
- Neglect or refusal to testify without valid reason.
- Premature termination of investigation due to neglect or deliberate action favoring violators.
Rewards and Policy on Promotion
- PNP personnel instrumental in apprehending violators shall receive commendation duly noted for promotion considerations.
- Promotion recommendations include evaluation of performance in the anti-illegal drugs campaign.
General Provisions
- Supersedes inconsistent Napolcom issuances.
- Effective 15 days after publication and filing with the UP Law Center per Administrative Code of 1987.