PNP Guidelines on Illegal Drug Use Investigations

Republic Act No. 8551 requires that the PNP function as a community and service-oriented agency for maintenance of peace and order and public safety (Section 2(2)).
Republic Act No. 6975, as amended by Republic Act No. 8551, empowers the Chief of the PNP to issue detailed implementing policies and instructions regarding personnel and other matters necessary to carry out PNP functions (Section 26).
Republic Act No. 9165 imposes maximum penalties for unlawful acts, such as illegal drug use, on government officials and employees, together with absolute perpetual disqualification from any public office (Section 28).
Republic Act No. 9165 requires that any officer or employee found positive for dangerous drugs be dealt with administratively and that such administrative liability be a ground for suspension or termination under existing Civil Service laws (Section 36(d)).
Republic Act No. 9165 mandates that all police and other law enforcement agency officers and members undergo mandatory drug test (Section 36(e)).
The circular is designed to implement an avowed policy of high ethical standards and to provide guidance for fair adjudication of PNP personnel found positive for illegal drugs, with attention to preserving their rights.

All PNP personnel must undergo surprise or unannounced random drug testing to reduce risk in the performance of duty and at workplace/office.
PNP personnel found positive for illegal drugs must undergo a pre-Charge Investigation under the designated investigating units.
PNP Disciplinary Authorities must conduct or oversee a formal summary hearing and render decisions within prescribed time limits.
Presidential appointees within the PNP disciplinary process are investigated under existing rules, but the disciplinary authority does not decide their cases and must elevate records for evaluation.
The circular applies to cases where administrative action will be taken for conduct unbecoming of an officer tied to illegal drug positivity.

All PNP personnel are subjected to a surprise or unannounced random drug test.
PNP personnel subject to unannounced random testing must annually be furnished with a copy of an undertaking by the PNP Crime Laboratory, and must sign and manifest that they are not using illegal drugs, or if taking regulated drugs, must declare such use as prescribed by a competent physician.
If a screening laboratory result is received and the subject is positive, the result may be challenged within fifteen (15) days after receipt.
If challenged within the 15-day period, a confirmatory test may be conducted by the PNP Crime Laboratory or by an accredited analytical laboratory equipped with gas chromatograph/mass spectrometry or other modern and accepted method.
Screening and confirmatory tests must follow strict regulation approved and prescribed by competent authorities.
If the test yields positive results and the result is not challenged within the 15-day period, the PNP Crime Laboratory must conduct a mandatory confirmatory test within five (5) days after lapse of the challenge period.
When it is officially confirmed that the PNP member is positive for illegal drugs, the result becomes prima facie evidence that the PNP personnel has used illegal/dangerous drugs.

PNP personnel found positive for illegal drugs must be subjected to a pre-Charge Investigation conducted by DIDM at the national level.
The pre-charge investigation is also conducted by the respective RHD in the regions, by other DHD at the district level, and by other PNP investigating arms designated by the proper PNP Disciplinary Authorities.
The administrative complaint must be instituted by the concerned investigating office/unit responsible by reason of its position.
The complaint must state in clear, simple, and concise language:
- the name, rank, and station/assignment of the respondent; and
- the nature of the charge,
  so the respondent can prepare an answer within five (5) working days from receipt of the charge.
The appropriate charge is Conduct Unbecoming of an Officer, defined as behavior or action of a policeman—regardless of rank—done in official capacity, unofficial capacity, or private capacity, that dishonors or disgraces him as a policeman and seriously compromises character and standing as a gentleman in a manner indicating a vitiated or corrupt state of moral character.
For Presidential appointees, investigation follows existing rules, but the disciplinary authority must not decide the case; instead, it must submit the entire records with the corresponding report to the Office of the President through NAPOLCOM for evaluation and final disposition.

The PNP Disciplinary Authority must render the decision within ten (10) days after termination of the summary hearing.
The summary hearing itself must be concluded within fifteen (15) days from the time the case records are officially forwarded to the designated Summary Hearing Officer.
The procedures for formal summary hearing and matters on appeal must follow NAPOLCOM Memo Circular No. 96-010, dated July 31, 1993.
Appropriate penalties for illegal drug use must follow NAPOLCOM Memo Circular No. 93-024, as amended by NAPOLCOM Memo Circular No. 98-008, in relation to Sections 52 and 53 of Republic Act No. 8551.
The administrative case is without prejudice to filing a separate criminal case.
The respondent PNP may avail of the voluntary rehabilitation program under Republic Act No. 9165.
Availment of voluntary rehabilitation is not necessarily an exemption from administrative indictment.

If any provision of the circular is declared legally unenforceable, the validity of the remaining provisions is not affected.
The circular takes effect immediately.