VISION

A professional effective and well-respected agency working for a drug

free Philippines.

MISSION

To enforce the anti-drug law, implement existing and future directives

of DDB, exercises over all supervision of drug enforcement operations of
other agencies and coordinate the participation of other sectors in the
national anti-drug campaign.
 MESSAGE

My warmest congratulations to the Philippine Drug Enforcement

Agency (PDEA) under the leadership of Director General Senior
Undersecretary Dionisio R. Santiago for corning out with: the "Manual of
Procedures on Anti-Drug Operations."

The handbook is a vital guide as we change the landscape of the drug

law enforcement system, from being segregated into being integrated—a
synchronized system that can measure up to the challenges posed by the
problem on illegal-drugs.

A country awash with illegal -drugs is a country compromised, its law

and order institutions tainted and corrupted.' It is in this context that this
administration is committed to wage an unyielding and unrelenting war
against illegal drugs and their merchants, and no one will be spared. Our all-
out war against the drug menace will be anchored on a three-pronged
approach: law enforcement, judicial action, and policy-making, and these will
involve all sectors in the process.

Through this handbook, drug law enforcement agencies, with PDEA

leading the way, will be equipped with the right tool and strategy that will
help us achieve our common goal of a drug-free Philippines.

Carry on the fight! Mabuhay ang PDEA

GLORIA MACAPAGAL-ARROYO
President of the Rep of the Philippines
MANILA
February 2009
 In line with the directive of the President to assist PDEA in its fight
against illegal drugs by enforcing the pro visions, of Republic Act No. 9165,
otherwise known as "The Comprehensive Dangerous Drugs Acts of 2002", we
at. the Office of the Solicitor General take pride on being part of this
collaborative effort, particularly in. the review and fine-tuning of procedures
observed during conduct of operations against illegal drugs.

In general, the Integrated Manual of Operations of PDEA is geared

towards strengthening the Rule of Law while recognizing the exigencies of
field operations in drug related cases. Indeed, this is one concrete step
towards our commitment to achieve a "Drug-Free Philippines". When we
revisited the procedures, we focused not only on how to conduct the
operations per se, but we took a step forward by considering how field
operations can contribute to the stronger prosecution of drug cases and
eventually, the conviction of perpetrators, may they be rich or poor, influential
or not. In our pursuit of a "Drug- Free Philippines", the people must see that
no one is above the law in our fight against illegal drugs and that justice will
be served. We are positive that the implementation of the procedures
embodied in this Integrated Manual of Operations would lead us to this goal.

Thus, let me commend the men and women behind this noble effort,
their steadfast dedication and support in battling this social menace. Our
united stand against illegal drugs shall give renewed strength to each of us.

AGNES VSTDEVANADERA
Solicitor General
 Republic of the Philippines
OFFICE OF THE PRESIDENT
PHILIPPINE DRUG ENFORCEMENT AGENCY

MESSAGE

My warmest commendations to the men and women whose

remarkable efforts. paved the way for the realization of an endeavor that
embodies the fundamental procedures of drug law enforcement.

This Manual of Anti-Illegal Drug Operations is basically the product of

PDEA's collaboration with our counterparts in the Philippine National Police
(PNP), the National Bureau of Investigation (NBI), the Bureau of Customs
(BOC), the Armed Forces of the Philippines (AFP), Philippine Coast Guard
(PCG), Anti-Money Laundering Council (AMLC), the Office of the Solicitor
General (OSG) and the Presidential Anti-Smuggling Group (PASG). This
prescribes the standard rules to be observed by PDEA and partner law
enforcement agencies in the conduct of anti-illegal drug operations.

I take pride in the completion of this Integrated Manual. It's a

demanding task that took us six months to complete, after seven technical
committee and two inter-agency meetings since June 2008. It is our sincerest
desire that this manual will guide drug law enforcers in the conduct of their
operations with utmost request for the law and the dignity of individuals.

Let us march forward with an impassioned resolve to effectively and

efficiently address the drug menace towards a drug-free Philippines.

God bless and Mabuhay!

GEN DIONISIO R SANTIAGO (Ret)

Sr. Undersecretary/ Director General
 Republic of the Philippines
OFFICE OF THE PRESIDENT
PHILIPPINE DRUG ENFORCEMENT AGENCY

FOREWORD

The Manual of Anti-Illegal Drug Operations aims to provide PDEA and

other drug law enforcement agencies with a set of standard procedures that
will guide the conduct of anti-illegal drug operations.

However, it should also be noted that there is no ABSOLUTE TEXT

BOOK RULE on anti-illegal drug operations. Take for example/ the Supreme
Court ruling on buy-bust operations wherein it cited that techniques may be
changed depending on prevailing conditions, provided it is not beyond the
legal boundaries.

This is a product of collaboration with our counterparts from other drug

law enforcement agencies, who provided valuable inputs for the formulation
and production of this manual.

All drug law enforcers are then enjoined to abide by the techniques
and procedures prescribed in this manual for a more coordinated action
against violators of the Comprehensive Dangerous Drugs Act.

It is hope that a solid front will forged in our fight against illegal drugs.

MAJOR ROY ANTHONY O DERILO

Acting Director, Plans and Operations
Service
 DISCLAMER

This Manual of Anti-Illegal Drug Operations is only rended to guide

drug law enforcers of the Philippine Drug enforcement Agency (PDEA) and its
supporting law enforcement units in the conduct of anti-illegal drug
operations. The procedures herein stated are in accordance with statutes and
implementing rules and regulations.

Non-compliance of the procedures stipulated in the annual will not

invalidate the anti-illegal drug operations it inexcusable neglect of duty is
subject to internal administrative penalty.

REFERENCES:

A. 1987 Philippine Constitution.

B. Republic Act No. 9165, otherwise known as "The Comprehensive
Dangerous Drugs Act of 2002" and its IRR.
C. Republic Act 9160, otherwise known as the "Anti- Money Laundering Act Of
2001 (AMLA)", as amended and its IRR.
D. Republic- Act No. 9344 or the "Juvenile Justice and Welfare Act of 2006"
and its IRR.
E. Revised Rules of Court.
F. Supreme Court Decisions.
G. All applicable DDB Regulations and Resolutions issued bv the Board and
other DDB and PDEA issuances.
H. Pertinent international conventions and bilateral and multilateral
agreements.
I. Best practices in other countries and their jurisprudence/ if applicable
under Philippine setting.

DEFINITION OF TERMS

Airport Interdiction - refers to the conduct of surveillance, interception and

interdiction of persons and evidence during travel by aircraft.

Arrest - refers to the taking of a person into custody in order that he may be
bound to answer for the commission of an offenses.

Buy Bust Operations - refers to a technique of entrapment employed by

peace officer as an effective way of apprehending a criminal in the act of the
commission of the offense.

Chain of Custody - refers to a written record of names and dates for

custody of an item of physical evidence which begins when an evidence is
collected and ended when the evidence is destroyed.
Clandestine Laboratory - refers to any facility used for the illegal
manufacture of any dangerous drug and/or controlled precursor or essential
chemical.

Compliance Investigation - refers to an official action conducted by the

PDEA to ensure compliance by license holders and prevent diversion of
dangerous drugs and controlled precursors and essential chemicals.

Confidential Informant - refers to any source that either furnishes

information regarding drug trafficking or perform an activity under the specific
direction of a PDEA agent or other authorized personnel.

Controlled Precursors and Essential Chemicals - refers to Tables I and

II of the 1988 UN Convention Against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances as enumerated in the annexes which are integral
parts of RA 9165 and those classified by the Board pursuant to Section 93 of
RA 9165.

Drug Evidence - refers to any substance or material found or recovered in

connection with a criminal investigation.

Deadly Force - refers to any use of force that is likely to cause, death or
serious bodily harm.

Drug Law Enforcement Operation - sometimes referred to as anti -drug

operation, is an official action conducted by the PDEA and any authorized law.
enforcement agency with the aim of achieving reduction of illicit supply and
demand of danger as drugs and controlled precursors and essential
chemicals.

Entrapment - refers to the method of arrest made by law enforcers where

ways and means are resorted to for the purpose of trapping and capturing
violators of the law in the execution of their criminal plan.

Eradication - generally refers to the detection and destruction of ilantations

of marijuana, opium poppy, coca bush. and other )lants which are sources of
dangerous drugs, including the dentification, arrest and prosecution of the
planter, owner or cultivator, and the escheating of the land where the planta-
ions are located.

Evidence Custodian - refers to personnel designated to account, control

and maintain all pieces of evidence accepted by or stored in the evidence
room.

Intelligence - refers to a product created through the process of collecting,

collating, and analyzing data, for dissemination as usable information that
typically assesses events, locations or adversaries, to allow the appropriate
deployment of resources to reach a desired outcome.
Interdiction - refers to the interception of illegal drugs being smuggled by
air, sea, or land.

Investigating Officer (for Preliminary Investigation) - refers to

prosecutor handling the case.

Inventory Officer - refers to the member of the operating team designated

to account all pieces of evidence found in. the area of operations or from the
person/sal-rested.

Minor - refers to a person under eighteen (18) years of age.

Maritime Interdiction Operation - refers to the conduct of surveillance,

interception of drugs and controlled chemicals and arrest of traffickers within
Philippine maritime jurisdictions.
Non-Deadly Force- refers to any use of force other than which is considered
deadly force.

Non-Drug Evidence - refers to the evidence other than dangerous drugs

and controlled precursors and essential chemicals with drug-related cases.

Search Warrant - refers to an order in writing issued in the name of the

People of the Philippines, signed by a judge and directed to a peace officer,
directing him to search for personal property described therein and bring it
before the court (Sec 1, Rule 126, Rules of Court)

Seizing Officer - refers to the drug law enforcement personnel who arrested
the suspect/s.

Use of Force - refers to the necessary action to effect the arrest of the
offender/s, protect the arresting officers and innocent by standers.
 CHAPTER I - PURPOSE

This manual prescribes the standard rules and procedures to be

observed and followed by all personnel of the Philippine Drug Enforcement
Agency (PDEA) and anti-drug units of concerned law enforcement agencies
pursuant to its mandate under the law.

CHAPTER II - SCOPE AND APPLICABILITY

The intention of this manual is to provide PDEA personnel at all levels,

especially the Drug Enforcement Officers, and supporting law enforcement
units, a guide in the performance of their duties and responsibilities.

CHAPTER III - DECLARATION OF POLICY

It is hereby declared the policy of the PDEA that its operations shall
conform with the provisions of the 1987 Philippine Constitution particularly
with the Bill of Rights, other pertinent laws such as those pertaining to
custodial investigation, internationally accepted principles of international law
and public policy.

CHAPTER IV - GENERAL LEGAL PRINCIPLES

The PDEA hereby declares that it will adhere to the provisions of the
Constitution, pertinent laws and the Rules of Court with regard to the conduct
of arrests, searches and seizures.
Moreover, in cases of arrests conducted with or without a valid
warrant, the procedure stated in the provisions of the Rules on Criminal
Procedures and the Supreme Court Guidelines on the Application and
Enforcement of Warrants and related provisions of the Rules of Court shall be
strictly followed. If the Use of Force be necessary, such as in cases including
but not limited to Self-Defense, in all its forms, the same shall be applied in a
proportionate and reasonable manner as dictated by the circumstances.

CHAPTER V - GENERAL RULES AND PROCEDURES iNBRA

Section 1. Authority to Operate

The provisions of Rule 113 of the Rules of Court notwithstanding, only

PDEA and authorized units of other law enforcement agencies shall conduct
operations implementing RA 9165.

Section 2. Requirements for Coordination

Prior to the conduct of planned anti-drug operations/ the following

reports, shall be submitted-to-the-National -Operations Center/ Plans and
Operations Service (POS) and PDEA Regional Office (RO) concerned/as the
case may be/ for review and approval:
1. PDEA Units

a. Authority to Operate
b. Pre-Operation Report

2. Non-PDEA Units

a. Coordination Form
b. Pre-Operation Report

Section 3. Reporting Requirements

All Operating Units shall submit the following requisite reports to the
PDEA Plans and Operations Service and PDEA Regional Office concerned/ as
the case maybe:

1. For positive operations and inflagrante delicto cases:

a. A Spot Report shall be- submitted within six (6) hours after every positive
operation. It must include the following initial information:

1) Essential elements of information that answers the following basic

questions: who; what; where; when/ why and how;
2) Names of suspects arrested or apprehended;
3) List of drug and- non-drug evidence seized; and
4) Possible case or violation filed or to be filed against the suspect/s.

Other information/ if readily available, such as/ but not limited to the
following:

5) Estimated volume and/or amount of the drug and noil-drug seized;

6), Nationality of the suspect/s; and
7) Information whether the suspect/s arrested is/are included in the Target or
Watch List or a member of Local or Transnational Drug Group, or not.

b. Progress Report shall be submitted the soonest possible time specifying

more detailed information of incidents and operations as well as confirmed
data earlier reported in the spot report.
Subsequent Progress "Reports shall be submitted until the following data
requirements are satisfied or obtained:

1) Specific case or violation being filed against the suspects;

2) Confirmed identity and exact amount/ volume of the seized drug evidence
(with attached certified Chemistry Report);
3) List or inventory of non-drug items seized or taken into' custody (with
certified Inventory Report);
4) Name of the Legal Officer who reviewed the affidavits;
5) Copy of the Case Folder for sensational cases only and those specifically
required by the national office; and
6) Other follow-up operations and activities in relation to the specific
operations reported.

c. After Operation Report. Once the operation was concluded and cases filed
in court, all officers-in-charge shall ensure submission of an After Operation
Report. Pursuing operations or actions that can already stand alone as
separate case shall already be treated as separate operation. Hence, all
Regional Directors shall ensure the submission of After Operation Reports by
operating units once all the requirements in the preceding paragraph
contemplated for Progress Reports are already satisfied.

2. Development Report shall be submitted within twenty four hours after

every termination of operations pertaining to casing, surveillance and other
operations prior negations. The report shall contain information on the result
of the said operations.

3. For Operations with Negative Results. All operations found to render

negative results shall be manifested by an After Operation Report to be
submitted within twenty four (24) hours after the operation.

4. As regards to drug demand reduction efforts, all operating units shall

submit a monthly summary of accomplishments to concerned PDEA Regional
Office.

Section 4. Planning and Preparation

1. As a general rule, all operations must be preceded by adequate planning

and preparation to ensure the successful prosecution of cases, observance of
the human rights of suspects, safety of operating elements and security and
integrity of seized items/evidence.

2. Good intelligence is indispensable in the planning and preparation for an

operation. It must be a product of careful analysis of all relevant information
such as maps, physical description of target premises, sketches, personality
profiles of suspects, terrain and population. analyses of the area(s) and other
information that can contribute to the apprehension, of suspects and/or
seizure of prohibited items and evidence with the least danger posed to
operating elements.

3. All anti-drug operation activities must be covered by authority to Operate

or coordination Form and Pre-Operations Reports and subsequently
documented by appropriate reports, such as: After-Surveillance Report. After
Casing Report, Spot Report, Progress Report and After Operations Report.
4. The designated team leader must determine the number of agents he/she
will need to successfully conduct the anti-drug operations. In choosing, his
members, the following shall be considered:

a. The magnitude of the violation/involvement of the suspect/s.

b. The degree of participation, if any, of the suspect/ s in a drug syndicate.
c. The suspect/ s extent of influence in the drug syndicate.
d. The suspect/ s possible usefulness in reaching other members of the drug
syndicate.
e. The degree of notoriety of suspect/s and possible access to weapons.
f. The method considered in effecting arrest/ neutralization.

5. The team leader must, prior to the actual anti-drug operations, conduct a
detailed briefing, to the operating personnel. Charts, photographs, maps, etc,
should be used as necessary and specific duties and responsibilities of each
member must be clearly discussed. To further ensure that each member
understands her/his role, a dry-run or rehearsal, if time permits, must be
conducted wherein the team leader must be quick to observe possible flaws
in the planning and preparation and make immediate corrections. It must be
emphasized that situations in and operation may rapidly change and that all
members must be prepared to perform actions as directed by the team
leader.

6. Planning must include the proper handling and disposition of apprehended

suspects and seized items wherein no apprehended persons shall be released
without clearance from the duly designated authority.

7. The team leader must be involved in the final phase of the planning to
ensure clear understanding of the mission and the concept of the operation.
This will allow him/her the opportunity to make recommendations based on
the capabilities and limitations of the team.

8. The team leader in coordination with the assigned legal officer should see
to it that appropriate warrant/s are obtained.

9. The team. leader should make arrangements for the acquisition of

equipment needed for the operation.

These shall include, but not limited to the following:

a. Badges or other means of identifying members of the arresting/search

parties.
b. Evidence envelopes, tags/ containers, boxes/ etc.
c. Items such as GPS, flashlights, cameras, binoculars, telescopes, tape
recorders, motor vehicles, radios, gloves, first aid kit, drug test kit and other
technical equipment that may become necessary for a particular type of
operation.
10. Without sacrificing operational security, coordination must be done with
the local police of the area of operation to prevent any possible confrontation.
Witnesses from the local authority must likewise be considered.
11. The location of the nearest hospitals and their contact numbers must be
obtained for emergency purposes.
12. The team leader must also desimate an investigator who shall keep and
preserve notes to record the actual conduct of the operation including
valuable information that can be used in the prosecution of the case or in the
conduct of future operations.
13. All operating units shall designate an inventory offer who shall be
responsible for taking custody of all drug and non-drug evidence during the
anti-drug operations to ensure that all pieces of evidence are safe and
handled in accordance with RA 9165 and its IRR.

Section 5. Conduct of Operation

1. During the conduct of -operations, the team leader must see to it that all
actions are in accordance with the law, crime scene preserved and well-
managed, suspects are properly arrested, all possible evidence are properly
taken, into custody and that the safety of operating elements and innocent
people in the area of operation are ensured.

2. The duty desk officer shall maintain a record of events which includes
among others, jump-off time and date, name of team leader, area/s of
operation and vehicle/s used. This record shall be preserved as a special
blotter book to form part of the documents covering the operation.

3. The team leader must arrange for discreet route and area security to be
provided by PDEA agents and/or territorial unit elements requested to assist
in the operation, if any.

4. Upon arrival in the area of operation, instant area observation and

assessment must be conducted by the team leader and last minute
instructions given, as necessary, before giving the signal for the agents to
take their pre-determined positions.

5. In case an arrest is to be made, the arresting elements, must do it i-n a

defensive manner, anticipating possible resistance with the use of deadly
weapons which may be concealed in the suspect/s' body, in a vehicle or in a
place within arm's reach. The suspect must thereafter be apprised of his/her
CONSTITUTIONAL RIGHTS (Miranda Doctrine: I/We are PDEA agent/s, I/we
are arresting you for violation of RA 9165. You are hereby informed that you
have the right to remain silent and to have a competent and independent
counsel of your own choice, and if you cannot afford the services of counsel,
you will be provided one/Kami ay mga PDEA agents, inaaresto ka namin sa
paglabag ng P.A 9165.
Pinapaalalahanan ka namin na ikaw ay may karapatang magsawalang kibo at
magkaroon ng isang rnanananggol na iyong sariling pili, at kung hindi mo
kayang umupa ng isang manananggol bibigyan ka namin having been
secured the back. Handcuffing Should there be shortage of handcuffs; hands
must be bound with belts, ropes or other restraining material.

6. The team leader must see to it that all pieces of evidence from suspect/ or
those found in the area of operation are handle i in accordance with
prescribed rules and regulations

7. Upon completion of the operation and unless the interview of the suspect/s
at the scene shall lead to follow-up operation, the team leader shall
consolidate his forces and maintain control over the actions of his men.
Thereafter/ the team shall immediately return to the unit headquarter or
office with the suspect/s and pieces of evidence for documentation.

8. Upon return of the operating personnel to their station officer must log the
time and date the arrested person/s, and other significant circumstances that
transpired during the operation

Section 6. Handling, Custody and Disposition of Drug Evidence

General Guidelines

1. Photographs of the upon discovery without moving or altering its in the

place where it is situated, kept or hidden, including the process of recording
the inventory and the weighing of dangerous drugs, and if possible under
existing conditions/ with the registered weight of the evidence on the scale
focused by the camera/ in the presence of persons required/ as provided for
by RA 9165. The seizing officer/inventory officer must mark- the evidence
with their initials indicating therein the date/ time and place where the
evidence was found and seized. Only the seizing officer/ inventory officer shall
secure and preserve the evidence in a suitable evidence bag or in an
appropriate container for further laboratory examinations.

2. Where the situation requires urgent action/ suspected drug evidence

acquired may be field tested using a drug test kit. If the result gives positive
reaction to the field test, it will be the basis of the seizure and the conduct of
further drug analysis. The attending chemist will testify in Court as to its
analysis/ if applicable.

3. Containers/ packaging/ equipment/ etc./ suspected of containing trace

amounts of drugs will be considered drug evidence including controlled
precursors and essential chemicals and shall be submitted for analysis.

4. All operating units of the Agency shall designate an inventory officer who
shall be responsible for taking custody of all drug and non-drug evidence
during the anti-drug operations/ which will later be turned over to the
evidence custodian of the PDEA Laboratory Service for safekeeping/proper
disposition.

Drug Evidence
1. Upon seizure or confiscation of the dangerous drugs or controlled
precursors and/or essential chemicals (CPECs), the operating units seizing
officer/ inventory officer must conduct physical inventory and photograph the
same in the presence of:

a. The accused or the person/s from whom such items were confiscated
and/or seized or his/her representative or counsel.
b. A representative front the media.
c. A representative from the Department of Justice.
d. Any elected public official who shall sign/ and shall be given copies of the
inventory.

For seized drugs covered by search warrants, the transitory must be

conducted in the place where the search warrant was served. But for warrant
less seizures like buy-bust operations, the inventory and taking of
photographs should be done at the nearest police station or office of the
apprehending officer or team. However/ the apprehending authority is not
prevented from conducting the inventory at the place where the drugs were
seized. If the said procedures were not properly observed, the law enforcers
"must present an explanation to justify non-observance of prescribed
procedures and must prove that the integrity and evidentiary value of the
seized items are not tainted."

All the dangerous drugs and/ or CPECs shall be properly marked for
identification, weighed when possible or counted, field tested, sealed, packed
and labelled. The items weighed and their gross weight, if already
determined, should be noted on the inventory and chain of custody forms or
evidence vouchers.

Within the same period, the seizing/inventory officer shall prepare a

report of confiscation/seizure to include the following details:

a. Time, place and date of seizure.

b. Particulars of person/s arrested.
c. Identity of the seizing officer and all persons present.
d. Circumstances in which seizure took place.
e. Description of a vehicle, vessel, place or person searched where the
substance was found.
f. Description of packaging, seals and other identifying features.
g. Description of quantity, volume and units and the measurement method
employed.
h. Description of the substance found.
i. Description of any preliminary identification test(test kit) used and results.
j. Movements of the substance or chain of custody.
4. Within 24 hours upon confiscation/seizure, all seized drugs and/or CPECs
shall be submitted to PDEA Laboratory Service (LS), PNP Crime Laboratory or
NBI Forensic Laboratory, as the case may be, for laboratory examination.

5. All the pieces of drug evidence shall be turned over by the operating unit's
seizing/inventory officer to the PDEA Laboratory 'Service evidence custodian
for custody and disposition.

Non-Drug Evidence

1. All pieces of non-drug evidence shall be photographed and properly

marked:

a. Buy-bust money, if applicable.

b. For vehicles, laboratory equipment and other large items belonging to this
category/ a sticker containing pertinent information (name of suspects, date
and time of arrest, arresting unit, and arresting officers) shall be attached on
area where it is most visible.
c. For firearms, tags containing the same information shall be attached.
d. Smaller pieces of evidence shall be placed inside plastic evidence bags on
which written are the same data.

2. After the conduct of an anti-drug operation, the Investigator-on-Case shall

immediately prepare a detailed report including photographs of all the
seized/confiscated non- drug evidence. As much as practicable, a lawyer
representative from the Legal and Prosecution Service will be present to
ensure that testimonies/information gathered can stand the scrutiny of law.

3. After filing of the case, the operating unit's inventory officer must
immediately turn over all pieces of non-drug evidence to the evidence
custodian designated by the PDEA Logistics Management Service (LMS) who
shall be accountable for the custody, movement and disposition of all non-
drug evidence. He shall maintain a record of all transactions and all pieces of
evidence in his custody. Any transfer of custody of evidence must be
recorded, to include the name and designation of the custodian, date arid
time of receipt and release from custody. The original copy of the record must
at all times accompany the evidence, while a photocopy must be secured by
the custodian who releases said evidence from his custody.

4. Monthly inventory of the non-drug evidence shall be conducted. The

Inventory Report will be included as one of the annexes/ attachments of the
Monthly Accomplishment Report.

5. For seized/confiscated vehicles, motorcycles/ and motorized tricycles, a

Technical Inspection Report (TIR) shall be prepared by the Investigator-on-
Case immediately after the seizure/confiscation. If possible, the suspect or
owner of the confiscated evidence shall be present during the conduct of the
technical inspection and should affix his signature on the report. Copy of the
TIR shall be included as one of the attachments of the After Operation
Report.

6. Pieces of non-drug evidence under the custody of the Evidence Custodian

shall not be used for any purpose whatsoever without clearance from the
Court or authorized public officials and should be available at all time for
presentation in court, as required.

7. All non-drug evidence shall not be released/disposed except for the

following circumstances:

a. A release order from the Court or authorized public officials has been
issued.
b. For presentation of evidence in Court during hearings. However, the
investigator-on-Case shall immediately return said item/s to the LMS Evidence
Custodian after the activity.

8. After the case has been decided, the LMS Evidence Custodian shall
immediately comply with the order of the court on the disposition of the non-
drug evidence.

Chain of Custody

1. The operating unit's designated inventory officer, who is responsible for

taking custody of all drug and non-drug evidence, must preserve the integrity
of the same. The number of persons handling the evidence from the time it
was seized/confiscated should be kept to a minimum.

The inventory officer must utilize an Evidence Receipt Born to every

evidence which contains the following information:

a. Complaint or case number.

b. Person who seized or obtained the evidence.
c. Name and address of the person from whom the evidence was obtained/ if
possible.
d. Location of the evidence at the time it was found. If the same was seized
from an individual, it should note exactly where on the person the evidence
was found, e.g. right coat pocket of suspect number 1.
e. Purpose for which the evidence was obtained e.g. evidence of a sale,
possession charge against the suspect.
f. Item numbers should be assigned. Each item of evidence should be listed
in a numerical sequence, depending on where they are found. For example, if
a number of items are found together, they can be tagged as "la", "W, etc. if
items are found separately, they can be listed as "1"', "1", etc.
g. Quantity of each specific item of evidence acquired e.g. item number 1, Vi
kilo, shabu.
h. Description of the article should be detailed, accurate and based upon what
is actually observed about the object at the time it is acquired. The physical
characteristic and conditions of the item, especially if the item is valuable,
should be described.

3. The evidence custodian must maintain a logbook the contains information

on whom the evidence was given the date and time, and reason it was
turned-over. individuals who handle the evidence should affix the names,
designation and badge numbers to the package containing the evidence.

4. A signed receipt should, be obtained from the person acccepting the

evidence. In turn, a receipt of log should be signed by the custodian when the
item is returned to him.

5. When, a piece of evidence is turned in/ the custodial should check his
identification mark on it to ensure that it is the same item and determine that
the item is in the same condition as when it was discovered. Any change in
the physical appearance of the evidence should be noted/recorded and called
the attention of the Court.

Section 7. Handling of Detainees and Supervision of Jail Facility

General Guidelines:

1. Release of detainee by virtue of court or prosecutor's order shall be

cleared from the Regional Director and/or office/unit head concerned.

2. The duty to escort and secure detainee, who attends court/prosecution

hearing or while being transferred to another confinement or detention facility
shall be the primary responsibility of the Jail facility. The arresting unit
however, shall provide additional security/escort upon proper coordination
by the Regional Director and/or office/unit head concerned of Chief, Jail
Facility or his duly designated representative to ensure the safety and
security of the detainee.

Neither unauthorized transaction by any person with any detainee nor

intervention by unauthorized person with the affairs of the Jail Facility
including the duty detail of Jail Facility personnel shall be allowed.

Non- Jail Facility personnel shall not be allowed to linger near or inside
the jail facility.

Duty of the Jail Guards

1. The duty jail guards must maintain good grooming, respectable personality
7 and community relations, and shall wear their prescribed uniforms from
Mondays to Fridays. They may wear casual attire during weekends and
Holidays. Wearing of slippers, short pants and shirts without sleeve during
office hours is not permitted.
2. They must keep high level of alertness and vigilance in performing their
duties and responsibilities.

3. There shall be at least 2 jail guards on a 24-hour duty to ensure the

security of jail facility, the safety of detainees and the cleanliness of
surroundings.

4. The jail guards shall have a tour of duty from 9:00 AM to 9:00 AM the
following day. The most senior of the shift shall be the shift supervisor.

5. After their tour of duties, duty jail guards shall prepare a list of detainees
indicating their status to be noted bv the Chief, PDEA Jail Facility, and in turn,
submit to the Regional Director for his/her information.

6. In all cases/ they shall have a proper turn-over and accounting of

detainees which will be reflected in the logbook by the outgoing and incoming
duty personnel.

7. Duty jail guards must visually check the condition of the detainees and
report any sign of health and physical deterioration to the Chief, Jail Facility.
Likewise/ they must inspect the Jail Facility cell from time to time to check, it
serviceability and safety and to report immediately any defects noted. They
must always consider all areas as "escape prone."

8. They must conduct greyhound operation .and keep abreast with or

anticipate schemes or modus operandi in bringing inside the detention facility
prohibited drugs/ items.

9. No cruel, inhuman, degrading or physical punishment; shall be imposed

upon any detainee for violation of rules and regulations.

10. The jail guards shall not use unnecessary force on detainees/ except for
legitimate self-defense or in cases of attempted active and/or physical
resistance by them to a lawful order.

Jail Visit

1. No visitors shall be allowed except from 9:00 AM to 11:00 AM and 2:00 AM

to 4:00 PM from Mondays to Fridays/ and 9:00 AM to 12:00 NN and 2:00 PM
to 5:00 FM during weekends and holidays.

2. Visitors/ including any member of the detainee's family/ or any medical

doctor or priest or religious minister chosen by him, or lawyers shall be
allowed entrance, provided that prior coordination shall be made from the jail
guards.
3. Visitors must be frisked and searched thoroughly of their belongings to pre-
empt entry of contrabands or any material inside the detention cell that may
be used for illegal purposes.

4. No conjugal visit shall be allowed.

5. Game cards, liquors and other intoxicant shall not be allowed inside jail
premises and duty guards must not indulge in any form of drinking and
gambling activity.

Registry Logbook

1. There shall be kept a bound registration book with pages and entries
chronologically numbered. The following information for each detainee
received and released shall be entered in the registry book:

a. Name, address and other personal data of detainee;

b. The specific provisions of drug law violated;
c. The date and time of actual arrest;
d. The date and time received/admitted;
e. Date and time of release; and
f. Other relevant data.

2. No detainee shall be brought out of jail facility without proper authority

from the court or the prosecutor, except for purposes of custodial
investigation and press releases with written request from the Head of Office
that arrested the detainee. The person bringing in or taking out the detainee
must sign in the logbook and print thereon his name/ unit, designation,
purpose/reason thereof and his authority to do so.

3. When the case against the detainee is dismissed by the inquest prosecutor,
the former shall be released only upon issuance of the order by the latter.

4. No detainee shall be transferred to regular jail without a, valid

commitment order or written order from the court having jurisdiction over the
person of the accused. The details of such commitment order shall be entered
in the logbook. In cases of commitment order to other jail facilities, ensure
the proper and complete turn over of persons as well as receipts by the Jail
facility concerned, with the necessary information to the respective courts
(copy furnished LPS). In cases, of release orders, take note of the following
steps:

a. Check the authenticity of all documents as well as authority of the serving

officers. Verify from or coordinate with the originating Court/office, as much
as possible.
b. Coordinate with US and LPS as to other drug cases that may have been
filed against the suspect in other Jurisdiction.
c. If possible, coordinate with the Philippine National Police, National Bureau
of Investigation and the Bureau of Immigration for clearance of suspects.
d. Ensure that the addresses of the accused are accurate.
e. Upon compliance with the above requisites, route the Release Order to the
top command group i.e. LPS, SDS, DDGO, DDGA and DG.

5. Visitors shall only be allowed to enter the jail facility upon presentation of
any valid identification card and shall be required to sign in the jail facility
logbook and print thereon his/her name, residence and company address,
relationship to detainee and purpose thereof.

Medical Certificate

1. Two medical certificates shall be required; one, prior to detention and two,
after release to pre-empt possible filing of charge for maltreatment or
violation of human rights.
2. Any sign of physical abuse in the medical certificate must be properly
reflected in the logbook,
3. Apparent sign of communicable or transmissible disease of detainee must
be promptly referred to any public medical practitioner for medical treatment
and/or proper disposition. In every case, the court or the Prosecutor must be
properly informed of said illness.

CHAPTER VI - SPECIFIC RULES

Section 1. Coverage

This policy covers the procedures in the following anti-drug operations:

1. Buy-Bust Operation
2. Search, and Seizure with Warrant
3. Eradication
4. Mobile Checkpoint Operation
5. Ports Interdiction
6. Maritime Interdiction
7. Financial Investigation
8. Controlled Delivery
9. Raid on Clandestine Laboratory
10. Compliance and Diversion Investigation
11. Joint Operations
12. Case Operation
13. Use of Confidential Informant

Section 2. Buy-Bust Operation

1. This procedures can be changed depending on the prevailing situation

during operation. As in any entrapment technique, flexibility is provided for as
there is no text book rule in buy-bust operations.

Nonetheless, all actions to be undertaken by drug enforcers shall be in

accordance with Section 5, paragraph a. Rule 113 of the Rules of Court and
with the provisions of Article III of the 1987 Constitution and Supreme Court
Rulings.

2. Prior to the conduct of buy bust operations, a test buy may first be
conducted. The dangerous drugs purchased shall be photographed, marked,
packaged, sealed and logged and witnessed by other officers and submitted
to PDEA LS, PNP Crime Laboratory or NB1 Forensic Laboratory, as the case
may be, for analysis and custody.

3. A poseur-buyer shall be designated. The "buy-bust" money shall be

obtained from. the official buy bust fund of the operating unit, and shall be
duly marked or dusted with ultra-violet powder by the Laboratory Service (LS)
or any other authorized government agency. It shall be properly
photographed and/or recorded in the unit blotter/log book indicating the
denominations, serial numbers/ date/ time/place of entry, person who made
the entry and person who delivered the same to the Laboratory Service (LS)
or- any other authorized government agency.

4. The operating elements should ensure that the suspect delivers the
dangerous drugs and may accept the marked or dusted money before giving
the pre arranged signal for the arrest of the suspect.

5. In pre-positioning of the team members, the designated arresting and/or

back-up elements must clearly and actually observe the "negotiation/
transaction between the suspect and the poseur-buyer.

The back-up elements must be strategically positioned to secure the area.

6. After the arrest, the arresting elements shall search the body of the
suspect and vehicle/ if any, and the immediate vicinity for the recovery of the
buy-bust money and other concealed evidence or deadly weapon.

7. The seizing officer must prepare detailed copies of the inventory of

confiscated evidence following the guidelines in Section 7, Rule V of this
Manual.

Section 3. Search and Seizure with Warrant

Procedures in Applying for a Search Warrant

1. Once the identity/ movements, activities and location of the suspect are
established, a test-buy shall be under-taken or a sample may be asked from
the suspect by an operating team to test the genuineness of the stuff in the
possession of the would-be target personality. In case of clandestine
laboratory and chemical warehouse, samples of finished product or controlled
precursors and essential chemicals (CPECs) shall be obtained. Photographs of
the laboratory equipment and of CPECs may be taken from. the suspected
clandestine laboratory or chemical warehouse.

2. Laboratory examination shall be requested and the pieces of evidence

obtained in the test-buy operation shall be submitted to the PDEA LS, PNP
Crime Laboratory or NBI Forensic Laboratory, as the case may be. If the
result of the laboratory examination turns out to be positive for dangerous
drugs and/or CPECs, application for. search and deposition of two (2)
witnesses who have personal knowledge of the subject of search shall be
prepared/applied.

3. All application for a Search Warrant shall be approved by a duly designated

officer. The application shall be recorded in the logbook. The application shall
indicate the following data:

a. Office applying for the Search Warrant

b. Name of officer-applicant
c. Name of the subject, if known
d. Address/place/s to be searched
e. Specific statement of items to be seized
f. Sketch of the place to be searched

4. The Search Warrant shall be valid for ten. days from date of issuance,
afterwhich, the officer to whom it was assigned for execution shall make a
report to the judge who issued the warrant including the inventory of seized
item/property. In case of his failure to execute the warrant, he shall state the
reason thereof.

Planning the Implementation/Serving of the Search Warrant

1. Before engaging in any type of search and seizure operation/ a review of

the law regarding the "use of force" should be done oil a routine basis. This
should include the review of the rules of engagement of the agency. The third
party issue is particularly important when an undercover agent is anticipated
to be present at the time of the search warrant is executed or when small
children are believed to be residing at the location being raided.

2. Implementation or service of Search Warrant should be conducted under

the authority of the team leader. He should be responsible for the supervision
of the entire operation from planning to execution.

The team members must have confidence in the ability of the team leader
and vice versa.

3. The criteria in the selection of the team leader and the team members shall
be the following:
a. Experience.
b. Capability and special skills:
1) Excellence in the use of firearms;
2) Competence in dog handling;
3) Language capabilities; and
4) Technical skills in equipment operations.

c. Good judgment.
d. Mental stability (not easily excitable).
e. Ability to follow instruction.

4. An operating team, regardless of its size, should be divided into four

groups with specific functions to ensure successful conduct of anti-drug
operations and prevent possible casualty:

a. Entry Team- The entry team (also known as the apprehending team)
makes entry into the building, secures the area, apprehends the suspect/s
after discovery of the contraband and takes suspects into custody. The
members of the team must be familiar with each other, especially equipped
and proficiently trained in arrest technique. Every action that they take must
be calculated as they will be exposed to the greatest danger as they come
into contact with the suspect/s. The ideal minimum size of the entry team
is six, however, more members may be added depending on the size of the
operational area.

b. Perimeter Team - The perimeter team usually employs the most number
of personnel especially in heavily populated areas when usually operation
takes place at a time crowds are likely to gather. The team's purpose is to
seal the outer boundary of the operational area and establish crowd control.
With the outer boundary sealed off, the possibility that the curious public will
hinder officers participating in the service of the warrant is reduced. Members
of the perimeter team control onlookers who could interfere with the
operations and bystanders who might place themselves in danger. The team
should be ready to evacuate persons from the area and set-up additional
crowd control measures when required, The team must also be ready for
pursuit operation when needed. The unit size will largely depend on the
operational area.

c. Cover Team - The cover team takes charge of sealing the suspect within
the specified area or capturing him if he breaks away from the Entry Team.
They should position themselves stealthily, securing all possible exits. They
should not enter or actively search the building and must exercise great
restraint in the use of any firearm to avoid casualty

d. Search Team - The Search Team serves as reinforcement for the Entry
Team and follows them into the building after the location has been secured.
Their main task is to conduct a thorough and systematic search of the area.
The following compose the Search Team:

i) Inventory Officer - tasked to receive, assemble and tag all evidence.and

properties seized.

ii) Record Keeper - tasked to maintain an accurate log of all events in the
raid. Often the tension and the frenetic, pace of events may not allow the
operating team to properly note the circumstances related to arrest and the
seizure of evidence, It is therefore the recorder's duty to fill the gap by
describing in detail what occurred. Notes are accompanied with photographs
of conditions, surrounding the service of a warrant, persons arrested, and the
location of found evidence.

iii) Photographer - assists the recorder and inventory officer by taking,

pictures of appropriate events or items.

All information regarding the proposed search 'and seizure operations

should be disseminated on a need-to- know basis. The operational plan for
the search and seizure operations should be kept among the immediate
members of the team. The following should be observed during the pre-
search and seizure operations briefing:

a. The officer-in-charge must be identified. He should conduct the briefing,

where a small group is used.
b. All members of the team must be present. A member who is absent should
not be included in the actual search and seizure operations.

c. All team .members should be familiar with each other and must be aware
of the system established to identify one another.

d. In cases where there is an extremely large group/ the officer-in-charge

should brief the team leaders. Sequentially/ all the team leaders should brief
their own team members in detail as to their specific assignments.

e. The briefing should include a model diagram of the target location. This
allows team members to relate their moves to something they can see/ while
potential problems can be discerned and eliminated during the briefing. The
model diagram should be as detailed as much as possible and complemented
by sketches/ photos and map.

f. The officer-in-charge must ensure that the suspect/s is clearly identified

and "known by all the members of the team by reviewing the suspects'
photograph and other personal circumstances,

g. Team .members should know the nature of the drug evidence being sought
to help them determine where it may be hidden.
h. An accurate and detailed description -of vehicles used should be provided.

i. The officer-in-charge should give the exact time that the team will meet at
the pre-selected meeting point. Watches should be synchronized.

j. The tactics and techniques to be employed to gain entry should be

thoroughly reviewed.

k. The team members should identify who would be in possession of the

warrant.

1. Post-entry assignments should be given enough consideration and

explanation which includes:

i) Custody and handling of evidence;

ii) Custody and handling of prisoners;
iii) Custody and handling of seized vehicles;
iv) Handling of additional suspects;
v) Transporting the team from the site back to the meeting point;
vi) Procedures for securing the target location or placing it under post-raid
surveillance, if necessary;

Special instructions should be laid out during the briefing in cases

where an undercover agent is going to be present or if special equipment is
to be utilized. The Officer-ln-Charge must designate specific member of the
team who will invite personalities required under Section 21, RA 9165 and its
IRR.

The briefing should be scheduled as close as possible to the time of the

search and seizure operations so the information is still fresh in the minds of
the team leader.

Gaining Entry

1. The perimeter of the premises should be secured before entry. All doors
and windows should be under observation.

2. It is the officer-in-charge's responsibility to read and/or explain the search

warrant to the responsible occupant in the presence of at least two (2)
witnesses preferably barangay officials or responsible persons in the area.

3. In case of resistance, the entering/raiding group shall decisively subdue the

suspect/s with the use of necessary and reasonable force e.g. may break
open any outer or inner door or window of a house or any part of a house/
after the agents have given a loud and clear notice of their authority and
purpose (e.g. "We are PDEA agents and have a warrant to search these
premises" or "Kami po ay mga PDEA agents at merong kautusan na
maghalughug sa iyong nasasakupan") and have waited a "reasonable"
amount of time for the occupant to open the door.

4. The agent first entering the premises will display their badges as quickly as
possible and must announce their identity and purpose.

Search Procedure

1. After the entering/operating group has secured its entry into the premises,
the search team and required witnesses shall enter the premises for the
conduct of the search:

a. Each occupant should be completely identified and frisked for weapons.

b. In all cases, the search must be witnessed by the owner/occupant and in

the presence of at least two (2) responsible persons m the vicinity, preferably
barangay officials.

c. Only those personal properties particularly described m the search warrant

shall be seized/ to wit:

i) Properties that are subject matter of the offense;

ii) Properties that are stolen or embezzled and other proceeds or fruits of the
offense;
iii) Properties used or intended to be used in the commission of an offense;
iv) Properties or items/objects which are illegal per se, e.g. dangerous drugs/
firearms and explosives; and
v) Those that may be used as proof of the commission of the offense.

2. If the premises to be searched have two -or more rooms or enclosures,

each room or enclosure must be searched one at a time with the presence of
the same witnesses.

3. The inventory officer, under the supervision of the team leader, shall take
photographs and actual physical inventory of the evidence seized by weighing
or counting, as the case may be, in the presence of the witnesses to include
the suspect who must be placed under arrest upon discovery of any of the
items described in the search warrant.

4. The owner or occupant of the premises and the two (2) witnesses shall be
made to execute and sign a certification that the search was conducted in an
orderly manner in their Evpresen.ce and that nothing was lost or destroyed
during the search and nothing was taken except those mentioned in the
search warrant and must be given a copy of the receipt of seized items/
property. If the suspect or occupant of the premises refuses to sign the
documents/ his/her refusal therein must be indicated.

Inventory of Seized Items

1. The inventory officer shall take possession of all articles seized as evidence
or taken into custody for safekeeping and should not turn these items over to
other agents for transportation or processing as this will unnecessarily extend
the chain of custody, if possible.

2. Controlled substances or other property seized as evidence should be

properly accounted and listed in inventory sheet and will be attached to the
search warrant.
Each article seized will be described in the inventory list as completely as
possible, the location where it is found, time and date, the seizing and
witnessing agents' names and the name of the agent who takes custody of
the property for transportation and processing.

Reporting the Search

Upon completion of the search, processing of arrested person/s and evidence,

etc. the team leader will debrief each participants as to his role in the search.
Reports will be prepared and submitted to the Director General through Plans
and Operations Service within 24 hours.

Section 4. Eradication

1. The eradication operation shall be preceded by an intelligence data

gathering to verify the existence of plantation of marijuana, opium poppy,
coca bush and other plants which are sources of dangerous drugs supported
by documentary evidence: Summary of Information/ maps/ sketches and
photographs.

After identifying the exact location of the target plantation/ establishing

the identity of the cultivator or owner of the land and making a threat
assessment/ the operating team shall make an operational plan and
coordinate with PNP and AFP units in the -area for air and ground
support/assistance in the eradication operation.

Based on the operational plan/ effect arrest of cultivators and subject

them to due process per Section 21, RA 9165 and its IRR and conduct manual
eradication of illicit plants. Uprooted and/or cut plants shall be brought to a
designated area for destruction.

Under close direction and supervision/ welcome the voluntary

participation of Barangay residents in the uprooting or cutting of the plants.
Otherwise/ seek the cooperation of the Barangay Captain to generate a hired-
labor force from among the residents in the Barangay/ if budget is available.

All uprooted plants/ seedlings and leaves must be destroyed and

burned in the plantation site taking only substantial representative samples
for evidentiary purposes; and Photographs of the evidence must be taken
from different angles before, during and after the process of uprooting/
destroying and burning the plants/seedlings.

Section 5. Mobile Checkpoint Operation

1. A mobile checkpoint operation shall be conducted only in conjunction with

an on-going operation/situation, or when there is a need to arrest a criminal
or fugitive from justice. The conduct of searches and arrests in said
checkpoints shall be doiie professionally/ with utmost civility and with due
respect to the right of innocent passers by and commuters.

2. The Team Leader shall coordinate with concerned PNP territorial units and
ask for their assistance in the conduct of checkpoint operation.

3. The area where the checkpoints are established should be properly lighted,
check point signs and other appropriate operational equipment/gadgets shall
also be displayed to show that searches are being conducted. Drug
enforcement officers shall at all times be in uniform with their identification
cards.

4. Operating elements shall be organized to compose the perimeter security

group, covert spotter group, interdiction group, back-up/security group/
motorized pursuit group/ inspection group and evacuation group.

5. Only illegal items that are found in plain view shall be subject of
confiscation. Search of vehicle and occupants shall only be conducted when
evidence in plain view is found.

6. In the event checkpoints/roadblocks are ignored and the

motorists/suspects broke through the roadblock in an attempt to elude arrest
or avoid inspections, the team leader shall automatically contact the adjacent
units to inform, them and conduct pursuit of the fleeing motorist. Megaphone
or police siren shall be used. Notation of the plate number of the vehicle is a
must since the vehicle may elude the pursuit operation.
7. In the event the occupants of the vehicle (s) shoot- at the personnel
manning the checkpoint, the team shall react according to the rules of
engagement. The team leader shall keep control of the situation and give
orders to use reasonable force to immobilize the vehicle and/or neutralize the
suspects resistance.

8. When the driver parks the vehicle, the arresting officer shall approach the
person on foot with proper back-up from his companions. The driver and the
other suspects shall be requested to get out of the car with both hands visible
to the apprehending officer.

9. The operation should not exceed 24 hours.

Section 6. Ports Interdiction

1. Coordination with airport/seaport authorities regarding the conduct of anti-
drug operations within their territorial jurisdiction shall be made.

2. Whenever available drug. detection devises or aids such as K-9 dogs will be
used for search of concealed illicit drugs in luggage, freight, containers, etc.
The PDEA agent shall provide assistance to other authorities in identifying the
drug or chemical contrabands as well as in handling drug evidence.

3. Routine inspection/s and effecting arrest of suspect/s should be left to the

concerned port authorities unless a joint operation is agreed upon.

4. PDEA authorized representative shall make arrangements for the turn over
of person arrested, including the evidence to PDEA. Proper documentation of
the chain in the handling and turn-over of evidence must be strictly observed.

5. All seized illegal drugs shall be turned over to the PDEA upon finality of the
summary seizure proceeding conducted ORDERING its forfeiture within three
(3) days upon receipt of parties concerned.

6. The investigator shall take the sworn statement of the authorized person
who discovered and seized the evidence and all possible witnesses.
Photographs, markings of seized evidence and other requisite documentation
must also be done on site, if practicable.

7. PDEA team leader shall cause submission of investigation report to the

National Office through the POS.

Section 7. Maritime Interdiction

1. Seaport interdiction operation shall be conducted in any of the following

circumstances:
a. Contraband being brought aboard a vessel steaming in Philippine waters
towards off-loading or landing area.
b. Contraband being transferred to and from vessels at sea (mother-ship
operation).
c. Contraband being brought from vessels close to shore preceded by
signaling between vessels and the coast.
d. Contraband being brought aboard small-crafts or fishing boats to private
wharf or fishing in inhabited area.
e. Contraband being brought aboard inflatable boats and small-crafts
moving offshore at high speed (especially at night).
f. Craft anchored or off-loading contraband on remote areas of coastline.

2. A project proposal, including operation plan for the con duct of maritime
interdiction operation/ based on intelligence should be approved -by the
Director General/ PDEA.
3. The PDEA's Inter-Agency Counter Narcotics Operation Network (ICON) will
assist in providing operational and intelligence resources during the conduct
of said operations and will serve as the coordinating center of all involved
agencies.

4. If the information emanates from foreign counterparts/ the PDEA

automatically prepares the Operation Plan for the conduct of sea interdiction
operation identifying the agencies involved and their respective tasks.

5. The participating agencies/units shall be deployed at their designated area

of responsibility. In case the drug traffickers change their drop-off points, the
lead agency/ unit is authorized to redeploy the supporting units/ agencies in
other locations.

6. Coordination and assistance from the nearest PNP territorial unit and other
armed services where necessary shall be made by the unit/agency deployed
at their area of jurisdiction.

7. The following are the actions to be undertaken in case the target foreign or
local ship was detected/ and stopped for boarding:

a. The members of the boarding team shall board and secure the ship and
the suspects.
b. The evidence collection team will then board the ship to gather pieces of
evidence taking into consideration the rules on evidence collection and
preservation.
c. The ship shall be anchored at the nearest seaport for proper inventoory of
seized items.
d. The available team leaders of the participating agencies/ units should
witness the proper inventory of the seized items.
e. Conduct follow-up operations, if necessary.

8. The following are the actions to be undertaken in case the target ship was
not located:

a. Coastal and beach search patrol shall be conducted at the propable landing
points to seize the illegal drugs and arrest the drug traffickers.
b. Mobile checkpoints shall be conducted at the proable escape routes of the
drug traffickers.
c. In case the drug traffickers were intercepted, the seized drugs and
arrested personalities shall be brought to the nearest secure place or area,
preferably a police station, for physical inventory of the evidence and
investigation of the arrested suspects.

9. The following are the activities to be undertaken by the lead agency with
the support of the other agencies during the post intediction phase:

a. Processing of the suspects and evidence.

b. Conduct of follow-up operations.
c. Conduct of thorough investgation to determine all parties involved in the
drug traffcking operations.
d. Concuct of documentation and case preparation.
e. Filing of the case in court.
f. Ensure presence of witnesses during court proceeding to insure the
conviction of the arrested drug personalities.

10. The ICON in coordination with the US shall be tasked to make a post
seizure analysis of the operation, if needed.

Section 8. Financial Investigation

1. During the intelligence/surveillance phase of the anti-drug operations,

PDEA operating units must also gather information on possible money
laundering activities of target personalities and their cohorts/accomplices.

2. Operating units must check/examine the financial records of the suspect/s

which includes, among others, the following:

a. Bank accounts records (Bank statements, deposit slips, encashed checks,

credit card monthly billings, debit/credit memos, wire transfers, cashier's
checks/ FXsold);
b. Business records (Articles of Incorporation/By-Laws, board meeting
minutes, stock record books);
c. Deed of conveyances (Deed of Sale, Deed of Donation, Deed of Transfer,
etc);
d. TCTs, ORs/CRs of vehicles;
e. Payment of bills, purchase of materials, stock certificates; and
f. Anything that will show that- the money went into finencial institutions or
where money went/spent.

3. PDEA operating- units through the PDEA Anti-Money Laundering Desk

(PDEA AMLD) under the POS may seek the assistance of the Anti-Money
Laundering Coun-j d-I (AMLC) for financial information or detection of money
laundering activities of drug personalities to prove collaboration and
conspiracy of people in a drug case.

4. PDEA operating units through the PDEA AMLD may also request the AMLC
to conduct a financial investigation against target drug personalities for
possible filing of money laundering case and/or strengthen the drug cases
that will be filed against the suspect.

5. The request for assistance from the PDEA shall be in writing addressed to
the AMLC. It shall disclose the reason for the request and the purpose for
which the information will be used and sufficient information to enable the
AMLC to act accordingly.
6. The PDEA shall furnish the AMLC with any criminal information, reports,
documents, information or other evidence that would support an AMLC
finding of the existence of probable cause justifying the conduct of bank
inquiry/examination, the filing of a petition for freeze order or action for civil
forfeiture.

7. Upon finding probable cause for money laundering of tense, the PDEA
operating unit through the PDEA Anti-Money Laundering Desk shall request
the AMLC to file a petition to freeze or institute a civil forfeiture action on any
monetary instrument, property or proceeds representing drug-related
activities. Freezing and forfeiture illegal drug related assets shall be done
pursuant to AMLA, as amended, and the Rule of Procedure in Cas of Civil
Forfeiture, Asset Preservation and Freezing Monetary Instru-roent, Property,
or Proceeds Repressing. Involving, or Relating to an Unlawful Activity Money
Laundering Offense under Republic Act No. 9160, as amended (AM No. SC.
05-11-04-SC).

8. The information that will be provided by the AMLC shall be strictly

confidential. It is subject to official secrecy and the same confidentiality
provisions/ as provided by the AMLA, as amended, and its Revised
Implementing Rules and Regulations.

Section 9. Controlled Delivery

1. Intensive intelligence data gathering and evaluation to determine the

applicability of controlled delivery operation shall be conducted prior to the
conduct of the operations. Intelligence information derived from an informant,
other police agencies or international law enforcement agencies shall be
properly recorded and documented. Controlled delivery shall be conducted to
identify the persons involved, the source country and modus operand! of
traffickers.

2. The conduct of controlled delivery operations must have an approval from

the PDEA Director General. If controlled delivery proposal emanates from
international police or drug agency, a formal written communication endorsed
by the requesting foreign government duly coursed through the proper
channel shall be forwarded to the Director General, PDEA. Participating agent
shall not operate independently within the territory of either party.

3. Only duly selected' and qualified personnel of the PDEA shall undertake the
controlled delivery operation.

4. The operation must have a limited time-frame depending upon the

magnitude of operations of the drug syndicates/ the involvement of target
personalities, the capability of selected operating elements and the
participation of international drug law enforcement agencies.
5. Selected elements joining the controlled delivery operations shall be
isolated from other agents by confinement in a discreet place to be
designated by the committee or board to avoid any leak that may
compromise the operation.

6. The conduct of controlled delivery shall be either by way of a courier

escorted by an undercover agent or by the combination of moving and
electronic surveillance/ depending upon the magnitude of the operation, the
source of the stuff to be delivered, the capability of the participating elements
and other circumstances affecting the operation.

7. Participating agents shall comply with the domestic laws of either parties.

Section 10. Dismantling of Clandestine Laboratory

Clandestine Laboratory Hazards

1. Many clandestine laboratory operators use the drugs they manufacture

and may be extremely paranoid. Handguns and assault rifles are weapons of
choice for them.

2. The operating team should be well protected from dangers of toxic

chemicals and must approach all clandestine laboratory situations with the
assumption that there are booby traps in the sites. There are different types
of these devices.

3. Chemical hazard is the most prevalent hazard common to all clan labs.
The presence of chemicals in a clandestine laboratory operation is an
immediate threat to law enforcement officers wherever the laboratory or
storage facility is found.

4. Fire/Explosion hazard may happen with the presence of incompatible

flammable chemicals at the clandestine laboratory site. Sometimes fire and
explosion are the reasons for the discovery of clandestine laboratories or
storage facilities.

General Guidelines on Investigation of Clandestine Laboratory and

Storage Facility

1. All operations involving clandestine laboratories and storage facilities shall

be coordinated with and controlled by the PDEA. The Fre-Operation Report
and Certificate of Coordination must be signed and approved by the PDEA
Director General or his authorized representative.

2. The investigation shall commence with an intelligence data gathering

process to verify the existence of the clandestine laboratory or storage facility
and to identify the persons involved in its operations. The intelligence
operations shall be appropriately documented by reports supported by
sketches/ maps/ photographs and other relevant pieces of evidence.

3. Under no circumstance shall any person deliberately use his or her sense
of smell/ taste/ or touch to identify suspected dangerous drugs/ chemicals or
hazardous materials or substances. Smoking is strictly prohibited in the
clandestine laboratory site.

Preservation of Clandestine Laboratory Evidence

In order to ensure that the clandestine laboratory evidence is properly,

preserved, the following measures shall be strictly observed;

1. All pieces of evidence shall be handled and processed appropriately

having in mind the possibility of lifting latent prints.

2. Any evidence on hand shall not be moved unless first photographed or

videotaped. The photograph or videotape shall contain the date/time/
sequence/ and a narration including a complete description of the vehicle/
location, etc. The film shall be restored properly as evidence.

3. Once the pieces of evidence have been processed/ the bulk chemicals and
any contaminated laboratory hardware, including glasswares/ shall be
preserved in the clandestine laboratory until after the ocular inspection by the
court.

4. All documents found in the laboratory shall be preserved in their totality.

They shall also be examined for fingerprints.

5. The Case Officer shall determine what items need to be collected at the
scene and he -shall also be responsible to ensure that all pieces of evidence
are properly marked for identification and transported after analysis from the
laboratory to the storage facility. He shall also ensure that all pieces of
evidence are stored safely and disposed of according to law.

6. In case of possible actual environmental leakage of chemicals ii'i the

laboratory or any incident that would endanger public health and safety/
guidelines developed by the DOH and DENR as per Republic Act 6969 shall be
followed, Post Investigation of Dismantled Clandestine Laboratory When a
clandestine laboratory is dismantled, investigators should conduct back
tracking investigation on the controlled chemicals found in the laboratory:

1. Collect all documents for paper trails examination and indicators that might
lead to identification of those involved, the origin of the chemicals, and how it
was obtained and brought to the country (diversion or smuggling through the
port or coastal areas).
2. Examine controlled chemical containers for labels and markings to
determine manufacturer and country of source or origin.

3. Conduct post arrest interrogation to elicit further useful information such

as who obtained the controlled chemical and when, where and how it entered
the country.

4. Liaise with foreign national authorities, e.g. Foreign Liaison Officers,

police, narcotics and customs agencies, counterpart competent regulatory
authorities, and international organizations, e.g. International Narcotics
Control Board, and ICPO-lnterpol thru Interpol NCB Manila or WCO Regional
Intelligence Liaison Office thru the Bureau of Customs.

Section 11. Compliance and Diversion Investigation

1. Compliance investigation/inspection of chemical companies should be

conducted by the PDEA Compliance Service regularly to determine possible
diversion of controlled chemicals or know the possible link in dismantled
clandestine laboratory.

2. The firms or license holders that should be targeted for investigation are
those with derogatory information, suspicious business patterns, suspicious or
corrupt customers, and the firms handle the large amounts of dangerous
drugs and / or controlled chemicals. Information that should be gathered
about the firm or individuals include:

a. Past criminal and civil violations.

b. Type of firm or license and type of dangerous drugs or controlled chemicals
handled: manufacturer, distributors, broker, importer, exporter, recycler, end
user, retailer, and pharmacist, doctor.
c. Is the firm a corporation, partnership, single proprietorship, etc.?
d. How long has the firm been in business?
e. Length of time in current location or address.
f. Extent of business in dangerous drugs or controlled chemicals.
g. Where the firms chemical containers seized at drug laboratories?
h. Number of employees.
i. Size of building (number of floors).

3. During the conduct of compliance inspection, strictly observe the following:

a. Information on company management and those responsible for

overseeing the manufacture, distributing, brokering, importing/ exporting,
recycling, end using, retail selling of dangerous drugs or controlled chemicals,
as the case may be.

b. Extent of business in dangerous drugs or controlled chemicals.

c. Number of personnel at location.
d. Shipping/receiving personnel and inventory control clerks.
e. Identification of practitioner inspected.
f. Type of customers patronizing the firm.
g. Evidence of illegal activity.

4. When reviewing records required by DDB Regulations No. 3, s2003, be

cautious of suspicious prescribing or dispensing patterns for dangerous drugs
or suspicious patterns of controlled chemicals orders, such as unlikely
combinations of controlled, chemicals the company has sold, purchases by
other companies without license to operate, suspicious unusual or multiple
purchases of controlled chemicals. Be mindful of the types of customers that
bought controlled chemicals from the company.

5. When touring the company assess whether the quantity of dangerous

drugs or controlled chemicals stored is consistent with its size and nature of
business. Also, be sure to determine how the dangerous drugs or chemicals
are stored and the type of measure to safeguard the chemicals from theft or
pilferage.

6. Select a number of sales and purchase documents for later verification. If

unusual and unexplainable variance existed between stock on hand and stock
on record, immediately report it to the Director General, PDEA or Director,
PDEA. Compliance Service or Regional Director of the nearest PDEA Regional
Office, as appropriate and proceed with the reasonable or necessary
investigation. Take control of excess inventory of stocks after informing the
firm. Follow the procedures on handling seized or obtained evidence.

7. Once inspection is completed/ discuss the findings of the investigation

with the firm's management.

Point out any shortcomings and outline the necessary corrective action.
Advise management that follow-up inspection will be conducted at a later
date to determine if shortcomings have been corrected.

8. Make recommendations, based on the findings or by good solid

background information in any of the following:

a. An in-depth audit.
b. Criminal buy attempts.
c. Surveillance to determine extent of illegal activity,
d. A follow up inspection in a specific period of time,

Section 12. Joint Operations

1. In cases where operating units of the Agency and supporting units of other
agencies have common target(s), a joint operation may be conducted. This
will have to be decided by concerned operating units thru a Case Conference.
During said case conference, it is imperative that all concerned, units shall
disclose their respective intelligence holdings.
2. Should the circumstances in -the preceding paragraph merit a joint
operation, the unit with the better holdings in terms of scope and depth of
information on the subject or target shall take the lead in that specific joint
operation. Operational readiness in terms of manpower and logistics shall also
be considered but as secondary factors in choosing the lead unit. In cases
where a decision on this matter cannot be timely achieved, the call-will be on
the PDEA Regional Director in the pinpointed area.

3. The most senior of the chosen lead unit shall act as the Officer-In-Charge.

4. During the operational planning the composition of the following teams and
the designation of the individuals responsible shall be specifically identified:

a. Apprehending team.
b. Security team.
c. Interrogation and investigation team.
d. Affiants and signatories.
e. Evidence Custodian.
f. Financial Investigation Officer.

5. In case the joint operation requires an operation outside of AOR, please

refer to Chapter 5/ Section 3 of this Manual.

6. As far. as practicable, a Case Operation Plan (COPLAN) shall be prepared

by the Officer-In-Charge through his designated Operations Officer, submitted
for approval of the PDEA Regional Director or to other appropriate approving,
authority.

7. Designated Officer-In-Charge for Joint Operations is responsible in

updating higher levels of authority, and involved units/ of any change of the
plan as well as development of the operation.

8. Unless the case is explicitly taken over by the PDEA, all pertinent
information, documents, and pieces of evidence gathered by any of the
participating unit prior/ during and after the joint operation that are essential
to the prosecution and anti-money laundering proceedings shall be turned-
over to the unit handling the case.

Section 13. Case Operation (CASEOP)

Preparation

1. A Case Operation Plan must target identified drug group that is included in
the target list submitted by the concerned office during the most recent
intelligence workshop.
2. The Case Operation Plan must include the complete information of target
personalities e.g. photographs, addresses, and other valuable data .as well as
establish linkages that connect each target personality with other members of
the group.

3. The target should be categorized into primary and secondary target to

ensure the continuance of the Case Operation (CASEOP), the specific
duration, the confidential informant (CI) who will be utilized, and the CI's
agreement.

4. When the target drug group is widely dispersed over a vast area and its
membership is large, or the group transceiids regional boundaries, a mother
Project may be recommended under which two or more CASEOPs will be
created to address the objectives.

5. The CASEOP funding shall be determined by the importance of the target

drug group, strength, capabilities and extent of operation.

6. The Case Operation Plan shall be evaluated by the CASEOP Committee and
will be approved by the PDEA Director General.

7. The CASEOP may be terminated upon the recommendation of the

Committee based on the development of the operations or upon
neutralization of target personalities.

Section 14. Use of Confidential Informant

Use of Confidential Informant (CI)

1. Before using an individual as a CI, the agent must receive initial approval
from his/her supervisor authorized to make the approval.

2. The agent should compile sufficient information of the CI through

background investigation to determine his/ her reliability and credibility.

3. After the officer receives initial approval to use an individual as a CI, an

informant file shall be opened.

4. The PDEA Intelligence and Investigation Service shall maintain and keep
personal record of all CI being utilized by the Agency which should be kept in
a separate and secure place, it must be locked at all times when unattended.
Other PDEA operating units should submit a copy of the CI personal file to the
US.

5. The CI persona! file should, be regularly reviewed to up-date all relevant

information.
Guidelines for Handling CIs

1. All CIs are required to sign and abide by the provisions of the Agency's
informant agreement. The agent utilizing the CI shall discuss each of the
provisions of the agreement with the CI/ with particular emphasis on the
following:

a. Informants are not drug law enforcement officers. They have no arrest
powers, no permission to conduct searches and seizures and not authorized
to carry a weapon.

b. Informants will be arrested if found engaging in any illegal activity. They

will receive no special legal considerations; and

c. Informants are not to take/ and PDEA will not condone/ any action that
may be considered inducement. Inducement occurs when the informant
encourages, persuades or otherwise motivates a person to engage in criminal
activity.

2. No PDEA member shall knowingly maintain a social relationship with CIs

while off duty/ or otherwise become personally involved with CIs. Members of
this agency shall not solicit/ accept gratuities or engage in any private
business transaction with a CI.

3. Whenever possible, an agent 'shall always be accompanied by another

agent when meeting with as CI.

4. No informant shall be openly allowed in the PDEA office concerned, to

preclude mistaken identity as PDEA member by the public, and other law
enforcement agencies.
5. The purchase of evidence by the informant should be made with funds
provided to the CI by the control agent. The money should either be pre-
recorded with the serial numbers written down, or the actual currency is
photocopied by agents. The serial numbers of funds later seized from the
defendant are compared against those used during the controlled buy.

6. When a CI is to participate in an undercover purchase, in which, he/she

may come in contact with either official funds, controlled drugs, or anything
else of potential evidentiary value, he/she and his/her vehicle will be
thoroughly searched both before and after the undercover encounter, and
where possible kept under continuous observation in between. The search of
the cooperating individual will be reported to document the activity. (There
should be two or three participants to every search: the informant, the agent
and a witness to the search, usually another agent. A search of a male
informant by a female agent or vice-versa is strictly prohibited).

CHAPTER VII. POST OPERATION

 After the completion of any anti-drug operation, the following shall be
strictly observed and executed:

1. In case there are persons arrested, upon arrival at the PDEA Office,
interview shall be conducted, both for follow-up operation and intelligence
build-up. Arrested persons must be kept separated from each other during
interview prior to detention and only investigators, relatives and lawyers of
the suspects will be allowed access to them.

2. A Spot Report shall be prepared and. submitted within six novas after the
termination of the operations to be followed by a Progress Report and After-
Operation Report.

3. A medical examination of the arrested persons must be undertaken within

two (2) hours after arrival at unit headquarters in coordination with any
government hospital.

4. Observe the lawful period within which the suspects may be held pursuant
to Art 125 of RTC as amended by Executive Order No. 272 S-1987.

5. Seized and confiscated evidence must be brought to the PDEA Laboratory

Service (LS)/ PNP Crime Laboratory or NBI Forensic Laboratory for laboratory
examination.

6. In case the suspect is arrested in a buy-bust operation with the use of

dusted mark money, he shall not be allowed to, wash his hands nor be
fingerprinted but shall be immediately brought to the PDEA LS/ NBI Forensic
Laboratory or PNP CLS without delay/ for laboratory examination and drug
test.

7. After the laboratory examination/ the arrested persons shall be booked and
fingerprinted. The team leader shall ensure that the Booking Sheet and the
Arrest Report are properly accomplished.

8. The team leader must ensure the proper handling of drug evidence.

9. If a case will be filed against the suspect/ the following should be

undertaken:

a. Preparation of Affidavit of arrest.

b. Taking of Sworn statement of witnesses.
c. Preparation of Booking Sheet.,
d. Marking of the pieces of evidence by the arresting officer/inventory officer.
e. Photograph of the evidence and inventory process.
f. Photocopy of marked money, if applicable, blotter or logbook.
g. Request for laboratory examination (urine/drug evidence).
h. Bringing of the arrested person together with the arresting personnel or
witnesses and evidence to the prosecutor's office for inquest.
i. After inquest, filing of manifestation before the Court for the issuance of
Commitment Order for turn-over of the arrested person/s to the Jail Warden
for custody pending trial of the case attaching a copy of the case disposition
by the Inquest Prosecutor/MTC Judge, Booking Sheet and Medical
Examination Certificate of-the suspect.

9. Surveillance reports and affidavits shall be prepared and executed by those

who actually made the observations and actions during the conduct of specific
operations.

10. Provide the US with seized documents, arrests and seizure reports for
intelligence purposes.

11. Provide the LPS-a copy of the case folder for their review which contains
the following:

a. Search Warrant, if any and Certificate of Orderly Search.

b. Summary of Information.
c. Sketches/drawing of the crime scene (for purpose of ocular inspection).
d. Affidavits of arrest (separate poseur buyers from arresting officers).
e. Request for laboratory examination -and results.
f. Inventory of seized evidence.
g. Names of prospective witnesses.

CHAPTER VIII - FILING OF THE CASE

Section 1. Period of Filing

Within the reglamentary period, the case must be filed before the
Prosecutor's Office in the provinces/towns for inquest proceedings. This shall
be attended by the arresting elements, investigator and the arrested
person/s.

Section 2. Documentary Requirements

The following are the documentary requirements in the filing of

different cases involving anti-drug operations:

1. Letter referral addressed to the Chief State Prosecutor, DOJ/City/

Provincial.
2. Affidavits of Arrest/Apprehension.
3. Detailed Affidavit of poseur-buyer or raiding element.
4. Detailed Affidavit of Evidence Custodian.
5. Accomplished letter requests for laboratory examination of evidence,
marked money and arrested person and corresponding results issued by the
examining laboratory.
6. Accomplished letter request for ultra-violet dusting of marked money, as
applicable.
7. Receipt of the evidence seized/ confiscated.
8. Accomplished booking sheet and arrest report
9. Photographs, sketches, maps/ etc.
10. Buy-bust money used during the conduct of the operation.
11. Copy of Search Warrant, Return of Search Warrant, Certificate of Orderly
Search, and Accomplished Drug Weighing Report, whatever is applicable.
12. Other documents of evidentiary value.

CHAPTER IX. PROSECUTION OF THE CASE

Section 1. Regional Trial Courts Jurisdiction

For offenses where a preliminary investigation is required pursuant to

Section 1 of Rule 12, Rules of Court/ by riling the complaint with the proper
officer for the purpose of conducting requisite preliminary investigation
therein.

Section 2. Municipal Trial Courts and Municipal Circuit Trial Courts

Jurisdiction. For places where there are no Regional Trial Courts.

Section 3. Inquest

When a person is lawfully arrested without a warrant for ration of an

offense which requires preliminary investigation, quest proceedings shall be
conducted in accordance with existing Rules. The DQJ Prosecutors assigned
as inquest and investigating prosecutors for the PDEA shall be tasked to
conduct such inquest proceedings.

The arrested person shall be physically turned over to the city or

municipal jail upon receipt of the commitment order the judge.

Section 4. Preliminary Investigation

Preliminary investigation is an inquiry or proceeding to determine

whether there is sufficient ground to engender a well founded belief that a
crime has been committed and the respondent is probably guilty thereof, and
should be held for trial.

If the arrested person/s has requested for a preliminary investigation,

all personnel which were duly notified to appear in the proceedings before the
Prosecutor's Office must religiously attend and diligently prepare for the
same. All notices/ subpoenas/processes shall be recorded by the PDEA. The
PDEA personnel concerned shall properly coordinate and inform their Offices'
Legal Officers as to the developments of the case as well as inquire as to the
proper remedies to be applied, whenever necessary.

The preliminary investigation shall be conducted in the following

manner:
1. The complaint shall state the address of the respondent and shall be
accompanied by the affidavits of the complainant and his witnesses-/ as well
as other supporting documents to establish probable cause. They shall be in
such number of copies as there are respondents, plus two (2) copies for the
official file. The affidavits shall be subscribed and sworn to before any
prosecutor or government official authorized to administer oath/ or/ in their
absence or unavailability, before a notary public each of whom must certify
that he personally examined the affiants and that he is satisfied that they
voluntarily executed and understood their affidavits.

2. Within ten (10) days after the filing of the complaint, the investigating
officer shall either dismiss it if he finds no ground to continue with the
investigation/ or issue a subpoena to the respondent attaching to it a copy of
the complaint and its supporting affidavits and documents.
The respondent shall have the right to .examine the evidence submitted by
the complainant which he may not have been furnished and to copy them at
his expense. If the evidence is voluminous/ the complainant may be required
to specify those which he intends to present against the respondent/ and
these shall be made available for examination or copying by the respondent
at his expense.

Objects as evidence need not be furnished a party but shall be made

available for examination, copying, or photographing at the expense of the
requesting party.

3. Within ten (10) days from receipt of the subpoena with the complaint and
supporting affidavits and documents, the respondent shall submit his counter-
affidavit and that of his witnesses and other supporting documents relied
upon for his defense. -The counter-affidavits shall be subscribed and sworn to
and certified as provided in paragraph (1) of this section/ with copies thereof
furnished by him to the complainant. The respondent shall not be allowed to
file a motion to dismiss in lieu of a counter affidavit.

4. If the respondent cannot be subpoenaed/ or if subpoenaed/ does not

submit counter-affidavits within the ten (10) day period, the investigating
office shall resolve the complaint based on the evidence presented by the
complainant.

5. The investigating officer may set a hearing if there are facts and issues to
be clarified from a party or a witness. The parties can be present at the
hearing but without the right to examine or cross-examine.

They may, however, submit to the investigating officer questions which may
be asked to the party or witness concerned. The hearing shall be held within
ten (10) days from submission of the counter-affidavits and other documents
or from the expiration of the period for their submission. It shall be
terminated within five (5) days.
6. Within ten (10) days after the investigation, the investigating officer shall
determine whether or not there is sufficient ground to hold the respondent for
trial.

7. If the prosecutor dismissed the complaint, the arresting office may file a
Motion for Reconsideration before the Prosecutor and petition for review
before the Secretary of Justice.

8. If the prosecutor finds probable cause, proper information shall be filed

before the RTC having jurisdiction and the latter shall raffle the case for trial
proper.

Section 5. Court Duty/Actual Trial

1. All concerned unit as well as the officer-on-case shall maintain the

necessary case. folder which contains the following information:

a. RTC acquiring jurisdiction.

b. Name of judge and contact number.
c. Name of prosecutor and contact number,
d. Name of defense lawyer and address,
e. Schedule of trial and stages thereof:

2) Cross Examination.
3) Re-direct examination, if any.
4) Re-cross examination, if any.

ii) Defense evidence

1) Direct examination.
2) Cross Examination.
3) Re-direct examination, if any.
4) Re-cross examination, if any.

iii) Rebuttal evidence.

iv) Sur-rebuttal evidence.

v) Submission of formal offers of evidence .

2. All personnel duly notified to-appear before the court to testify in the trial
of the case shall religiously attend to and shall submit their court duty
schedules and after- court-duty report to their immediate supervisors for
recording and monitoring purposes. Close coordination with the designated
Prosecutor shall be made by the prosecution witnesses prior to the scheduled
hearings. In cases of voluminous seizures, the unit concerned, in coordination
with other units, shall also ensure that appropriate Motions for Ocular
Inspection and Destruction of Evidence are filed in the concerned RTC.
3. Required reports for every stage of case development shall be submitted
by all operating units to PDEA Legal and Prosecution Service (LPS) not later
than the due dates indicated for records updating and monitoring purposes.
Any seeming irregularities during Court proceedings should be properly
documented and reported to the LPS.

4. Case tracking record/ which shall be the basis for the submission of
consolidated Monthly Report to LPS.

5. All units shall maintain the respective court duty schedules of their
personnel. Immediate supervisors shall be primarily responsible for the
appearance of their respective personnel in court.

6. Personnel who failed to testify in court or some other acts or misconduct

resulting in the dismissal of the case, shall be accordingly investigated by the
LPS.

7. In the event of the dismissal of the case, the Officer-On-Case must

immediately coordinate to the LPS for the filing of necessary pleading/s in
Court.

Section 6. Promulgation of Judgment

Copy of the decision received by the Officer-On-Case shall forward it to

the Legal and Prosecution Service for evaluation and records purposes.

CHAPTER X. GUIDELINES FOR DRUG ENFORCERS UNDER RA 9165

Section 1. Criminal Liability of a Public Officer or Employee for

Misappropriation, Misapplication or Failure to Account for the
Confiscated, Seized or Surrendered Dangerous Drugs, Plant Sources
of Dangerous Drugs, Controlled Precursors and Essential Chemicals,
Instruments/Paraphernalia and/or Laboratory Equipment Including
the Proceeds or Properties Obtained from the Unlawful Act
Committed.

The penalty of life imprisonment to death and a fine ranging from five
hundred thousand pesos (P500,000.00) to ten million pesos
(PIO/000,000.00), in addition to absolute perpetual disqualification from
any public office, shall be imposed upon. any public officer or employee who
misappropriates/ misapplies or fails to account for confiscated, seized or
surrendered dangerous drugs, plant sources of dangerous drugs, controlled
precursors and essential chemicals, instruments/paraphernalia and/or
laboratory equipment including the proceeds or properties obtained from the
unlawful acts as provided for in this Act.

Any elective local or national official found to have benefited from the
proceeds of the trafficking of dangerous drugs as prescribed in this Act, or
have received any financial or material contribution or donations from natural
or juridical persons found guilty of trafficking dangerous drugs as prescribed
in this Act, shall be removed from office and perpetually disqualified from
holding any elective or appointive positions in the government, its divisions,
subdivisions, and intermediaries, including government-owned or controlled
corporations (Sec. 27, RA 9165).

Section 2. Criminal Liability of Government Officials and Employees

The maximum penalties of the unlawful acts provided for in this Act
shall be imposed, in addition to absolute perpetual disqualification from any
public office, if those found guilty of such unlawful acts are government
officials and employees (Sec. 28, RA 9165).

Section 3. Criminal Liability for Planting of Evidence

Any person who is found guilty of "planting" any dangerous drug

and/or controlled precursor and essential chemical, regardless of quantity and
purity, shall suffer the penalty of death (Sec. 29, RA 9165).

Section 4. Responsibility and Liability of Law Enforceme Agencies

and other Government Officials and employees in Testifying as
Prosecution Witnesses Dangerous Drugs Cases.

Any member of law enforcement agencies or any other government

official and employee who, after due notice/ fails or refuses intentionally or
negligently, to appear as a witness for the prosecution in any proceedings,
involving violations of this Act without any valid reason/ shall be punished
with imprisonment of not less than twelve (12) years and one day to twenty
years and a fine of not less than five hundred thousand pesos (P500/000.00),
in addition to the administrative liability he/she may be meted out by his/her
immediate superior and/or appropriate body.

The immediate superior of the member of the law enforcement agency

or any other government employee mentioned in the preceding paragraph
shall be penalized with imprisonment of not less than two (2) months and one
(1) day-but not more than six (6) years and a fine of not less than ten
thousand pesos (PIO/OOO.OO) but not more than fifty thousand pesos
(P50/000.00) and in addition, perpetual absolute disqualification from public
office if despite due notice to them and to the witness concerned, the former
does not exert reasonable effort to present the latter to the court.

The member of the law enforcement agency or any other government

employee mentioned in the proceeding paragraphs shall not be transferred or
re-assigned to any other government office located, in another territorial
jurisdiction during the pendency of the case in court. However, the concerned
member of the law enforcement agency or government employee may be
transfered or re-assigned for compelling reasons: Provided, That his/ her
immediate superior shall notify the court where the case is pending of the
order to transfer or re-assign, within twenty-four (24) hours from its
approval: Provided further, That his/her immediate superior shall be penalized
with imprisonment of not less than two (2) months and one (1) day but not
more than six (6)years and a fine with not less than ten thousand pesos
P10,000.00) but not more than fifty thousand pesos (P50,000.00)and in
addition/ perpetual absolute disqualification from public office/ shall he/she
fail to notify the court of such order to transfer or re-assign.

Prosecution and punishment of the above provision shall be without

prejudice to any liability for violation of any existing law (Sec. 91, RA 9165).

Section 5. Delay and Bungling in the Prosecution of Drug Cases

Any government officer or employee tasked with the prosecution of

drug-related cases under this Act, who, through patent laxity, inexcusable
neglect, unreasonable delay or deliberately causes the unsuccessful
prosecution and/or dismissal of the said drug cases, shall suffer the penalty of
imprisonment ranging from 12 years and 1 day to 20 years without prejudice
to his/her prosecution under the pertinent provisions of the Revised Penal
Code.(Sec.92.RA 9165);

CHAPTER XI. OTHER GUIDELINES

Section 1. Coordinating Instructions

1. The conduct of any anti-drug operation should not unduly create

inconvenience to the public.

2. Humane, treatment of arrested suspects must be observed at all times.

3. Conduct of debriefing/ critque every after operations to inpoint areas for

improvement.

4. Giving out of information on the result cooperations and the holding of

press conferences should be done only if there is a strong need to clarify a
major issue/ to pronounce a major policy affecting the organization and/or to
present significant accomplishments.

5. The PDEA agents and personnel shall refrain from disclosing detailed
concept of operations/ target personalities, detailed facts of incidents, and
name of personnel involved in an operation. Only authorized personnel may
disclose the general information to the media.

6. When appearing as guest on a television/radio program, the law

enforcement personnel should avoid airing remarks/personal opinions that is
detrimental to any law enforcement agency or organization. He should strictly
talk only on subjects/topics within his area of competence.
7. The dangerous drugs authorized custodian should ensure that proper chain
of custody is maintained in the handling of physical evidence for press
conference presentation.

Section 2. Child in Conflict with the Law

A child fifteen (15) years of age or under at the time of the commission
of the offense shall be exempt from criminal liability, however/ the child shall
be subjected to an intervention program.

A child above fifteen (15) years but below eighteen (18) years of age
shall likewise be exempt from criminal liability and be subjected to an
intervention program, unless he/she has acted with discernment, in which
case, such child shall be subjected to approriate proceedings. The exemption
from criminal liability does not include exemption from liability, which shall be
enforced in accordance with existing laws.

The child in conflict with the law shall enjoy the presumption of
minority. He/She shall enjoy all the rights of a child in conflict with the law
until he/she is proven to be eighteen (18) years old or older. The age of a
child may be determined from the child's birth certificate, baptismal certificate
or any other pertinent documents. In the absence of these documents/ age
may be based on information from the child himself/herself, testimonies of
other persons, the physical appearance of the child and other relevant
evidence. In case of doubt as to the age of the child, it shall be resolved in
his/her favor.

Any person contesting the age of the child in conflict with the law prior
to the filing of the information in any appropriate court may file a case in a
summary proceeding for the determination of age before the Family Court
which shall decide the case within twenty-four (24) hours from receipt of the
appropriate pleadings of all interested parties. If a case has been filed against
the child in conflict with the law and is pending in the appropriate court, the
person shall file a motion to determine the age of the child in the same court
where the case is pending. Pending hearing on the said motion, proceedings
on the main case shall be suspended.

If it has been determined that the child taken into custody is fifteen
(15) years old or below, the authority which will have an initial contact with
the child has the duty to immediately release the child to the custody of
his/her parents or guardian, or in the absence thereof, the child's nearest
relative.

Said authority shall give notice to the local social welfare and
development officer who will determine the appropriate programs in
consultation with the child and to the person having custody over the child. If
the parents, guardians or nearest relatives cannot be located, or if they refuse
to take custody, the child may be released to any of the following: a duly
registered nongovernmental or religious organization; a barangay official or a
member of the Barangay Council for the Protection of Children (BCPC); a local
social welfare and development officer; or when and where appropriate/ the
DSWD.

If the child referred to herein has been found by the Local Social
Welfare and Development Office to be abandoned, neglected or abused by his
parents, or in the event that the parents will not comply with the prevention
program, the proper petition for involuntary commitment shall be filed by the
DSWD or the Local Social Welfare and Development Office pursuant to
Presidential Decree No. 603, otherwise /known as "The Child and Youth
Welfare Code".

CHAPTER XII. COMMAND RESPONSIBILITY

The Service or Regional Directors are. directly responsible for the

implementation of this Manual within their respective areas of jurisdiction.
Concerned Directors who fail to adhere to the provisions herein stipulated
shall be held administratively liable pursuant to Executive Order No. 226, s-
1995/ entitled "Doctrine of Command Responsibility".

CHAPTER XIII. REPEALING CLAUSE

All publications, manuals and directives inconsistent with this manual

are hereby amended/repealed.

CHAPTER XIV. PENALTY CLAUSE

Any violation of the Manual shall dealt with in accordance wioth

existing laws, rules and regulations.

CHAPTER XV. EFFECTIVITY

This Manual of Anti-Illegal Drug Operations shall take effect upon the
approval of the Director General,

GEN. DIONISIO R. SANTIAGO (Ret.)

Senior Undersecretary/Director General, PDEA
 PDEA TECHINICAL WORKING GROUP

Chairman

Asec. Rodolfo N. Caisip

Deputy Director General for Operations

Members Lt. Col. Adonis R. Bajao

Secretary Directorial Staff

Major Roy Antonhy O Derilo

Acting Director, Plans and Operations Service

PSupt Dionicio B Bartolome

Acting Director, Intelligence and Investigation Service

PSupt Wilkins M Villanueva

Acting Superintendent, PDEA Academy

Atty. Alvaro B Lazaro

Acting Director, Legal and Prosecution Service

Ms. Helen Laita E Reyes

IC, Compliance Service

Director Carlos P Gadapan

Regional Director, MMRO

Ms Gradys F. Rosales
Acting Assistant Director, Plans and Operations Service

Technical Assistant

Ms. Faith V. Dela Cruz

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