Professional Documents
Culture Documents
Pdea Manual
Pdea Manual
MISSION
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.
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
FOREWORD
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.
REFERENCES:
DEFINITION OF TERMS
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.
Deadly Force - refers to any use of force that is likely to cause, death or
serious bodily harm.
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
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.
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.
a. Authority to Operate
b. Pre-Operation Report
2. Non-PDEA Units
a. Coordination Form
b. Pre-Operation Report
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:
Other information/ if readily available, such as/ but not limited to the
following:
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.
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.
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.
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.
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
General Guidelines
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.
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.
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
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.
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
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.
General Guidelines:
Non- Jail Facility personnel shall not be allowed to linger near or inside
the jail facility.
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.
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.
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."
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
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:
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.
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.
Section 1. Coverage
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
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.
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.
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.
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.
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.
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.
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:
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.
c. All team .members should be familiar with each other and must be aware
of the system established to identify one another.
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.
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.
Gaining Entry
1. The perimeter of the premises should be secured before entry. All doors
and windows should be under observation.
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:
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.
Section 4. Eradication
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.
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.
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.
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.
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.
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.
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:
10. The ICON in coordination with the US shall be tasked to make a post
seizure analysis of the operation, if needed.
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).
3. Only duly selected' and qualified personnel of the PDEA shall undertake the
controlled delivery operation.
7. Participating agents shall comply with the domestic laws of either parties.
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.
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.
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.
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.
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.
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:
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.
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,
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.
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.
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.
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.
6. The Case Operation Plan shall be evaluated by the CASEOP Committee and
will be approved by the PDEA Director General.
1. Before using an individual as a CI, the agent must receive initial approval
from his/her supervisor authorized to make the approval.
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.
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.
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.
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.
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.
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.
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:
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 3. Inquest
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.
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.
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.
2) Cross Examination.
3) Re-direct examination, if any.
4) Re-cross examination, if any.
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.
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).
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).
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.
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".
This Manual of Anti-Illegal Drug Operations shall take effect upon the
approval of the Director General,
Chairman
Ms Gradys F. Rosales
Acting Assistant Director, Plans and Operations Service
Technical Assistant