PNP Guidelines on Illegal Drug Use Investigations

The State promotes high ethical standards in public service, requiring integrity and discipline.
Public office is a public trust, enjoined by the Constitution to be served with responsibility, loyalty, and efficiency.
Illegal acts by PNP personnel undermine public trust and law enforcement credibility.
Use of illegal drugs by PNP personnel renders them unfit as law enforcers.
Necessity for PNP personnel to adhere to stringent ethical standards.

Institutionalize the fair adjudication of PNP personnel found positive for illegal drugs.
Consider such personnel as a high risk to the organization.
Implement detailed procedures to safeguard the rights of the accused under the law.

Section 2(2), RA 8551: PNP mandate as a community and service-oriented agency for peace and order.
Section 26, RA 6975: Chief of PNP empowered to issue personnel and operational policies.
Section 28, RA 9165: Maximum penalties and perpetual disqualification from public office for government employees involved in illegal drug use.
Section 36(d), RA 9165: Administrative sanctions including suspension or termination for officers/employees testing positive for illegal drugs.
Section 36(e), RA 9165: Mandatory drug testing for all police and law enforcement officers.

Mandatory surprise or unannounced random drug tests for all PNP personnel.
Annual undertaking signed by personnel declaring no illegal drug use or lawful prescribed use.
Positive results can be challenged within 15 days; confirmatory testing to be conducted by accredited labs using modern techniques such as GC/MS.
Strict regulation governs test administration.
If unchallenged, mandatory confirmatory test within 5 days after challenge period.
Positive confirmatory test is prima facie evidence of illegal drug use.

Conducted by DIDM nationally, RHD regionally, DHD district-level, or designated PNP investigative arms.
Instituting an administrative complaint clearly stating respondent’s name, rank, assignment, and charge.
Respondent must prepare answer within 5 working days.
Charge: Conduct Unbecoming of an Officer, referring to behavior that dishonors or disgraces the individual as a police officer.
For Presidential appointees, cases are submitted to the Office of the President via NAPOLCOM for final disposition.

Decision by PNP Disciplinary Authority within 10 days after hearing conclusion.
Summary hearing concluded within 15 days from record forwarding.
Procedures and appeals follow NAPOLCOM Memo Circular No. 96-010.
Penalty application follows NAPOLCOM Memo Circular No. 93-024 as amended by 98-008 and Sections 52, 53 of RA 8551.
Administrative proceedings do not preclude filing separate criminal cases.
Voluntary rehabilitation under RA 9165 available but does not exempt from administrative sanctions.