Aidsotf Manual
Aidsotf Manual
Aidsotf Manual
ANTI-ILLEGAL DRUGS
OPERATION AND INVESTIGATION
MALACAANG PALACE
Manila
MESSAGE
One of the more enduring legacies that we intend to leave to our
people is a shared vision of a Drug Free Philippines. We envision a society
where the awareness of the evils of drug-abuse is proliferate; where the
production and trafficking of drugs is effectively stopped and punished;
and where law-enforcement agencies as well as all instrumentalities of
government work harmoniously to stamp out and remove any avenue for
drug syndicates to ply their trade.
As we all know, the drug problem is complex and our enemies are
determined. However, our resolve is unwavering and our determination is
strong. We shall increase our steadfastness, improve our strategies and
enhance support for the all out war on drugs. In this work, no resource will
be spared and every tool available to the government shall be utilized.
It is in this context that the publication of this PNP Manual on AntiIllegal Drugs Operations and Investigation finds its important niche. As it
defines our strategies, the manual lays down the important actions to be
done in support of these.
Let us continue to increase our determination to address the drug
problem even as we work hand-in-hand with partner agencies and countries
equally concerned with creating a society free from illegal drugs.
Congratulations.
GLORIA MACAPAGAL-ARROYO
President
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Manual on Anti-Illegal Drugs Operation and Investigation
MESSAGE
Greetings!!!
Allow me to congratulate the Philippine National Police for crafting
this very important piece of work The PNP Manual on Anti-Illegal Drugs
Operation and Investigation.
In the complexity of the work related to stamping out the menace
of drugs, this manual gives Rhyme and Rhythm to the practice and
procedures of law-enforcement. It gives our operatives and investigators
the value-added benefit of being able to source a reference to plug
possible loopholes in the course of their work. More than this, it also paves
the way for a greater and smoother coordination and inter-operability with
other law-enforcement units, both in the national and international arena.
This manual puts the PNP on level footing with other drug
enforcement agencies of other countries whose work also impacts our own
owing to the transnational nature of this crime.
Let this work be the evidence of our serious determination to
contribute to the world-wide concern and effort to effectively address the
threat of illegal drug-abuse and proliferation.
Congratulations.
RONALDO V. PUNO
Secretary and Chairman, National Police Commission
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Manual on Anti-Illegal Drugs Operation and Investigation
MESSAGE
The publication of the PNP Manual on Anti-Illegal Drugs Operation
and Investigation adds another milestone to the Integrated Transformation
Program of the PNP. For the first time, a reference containing the proper
procedures for the conduct of anti-illegal drugs operations and investigations
can be readily accessed by our personnel involved in this endeavor. While
we have not desired to re-invent the wheel in this case, the PNP thru
AIDSOTF, has succeeded in establishing a template which can enhance
success and contribute its own accomplishments to the cause of freeing
our society, especially our youths, from the menace of drug-abuse.
It is a common knowledge in law-enforcement all over the world
that the methods of drug syndicates are more complex now more than
ever. In response, the PNP has had to be more dynamic in their strategies
and tactical actions, while determinedly increasing its mastery of the basic
tenets of operations and investigation making sure that full-proof and
winnable cases are filed in the court, and for these cases to reach the final
stage of convicting and punishing offenders.
The knowledge available in this manual is a product of a life-long
experience in the fight against the drug trade.
As the Chief, PNP, I extol everyone to be well-versed in the context
of this manual and to understand and uphold its tenets.
Lead PNP!
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Manual on Anti-Illegal Drugs Operation and Investigation
MESSAGE
The challenge of Her Excellency President Gloria Macapagal-Arroyo for
the Philippine National Police to help in the effort to stamp out the drug menace to
our country is urgent upon us. We have welcomed this challenge as we endeavor
to give our people a drug-free society. Engaged in the multi-faceted strategies of
the anti-drugs operations, the PNP, thru AIDSOTF, have had significant inroads in
this concern even as it continues to score more successes in its effort.
We can do more!
To enable us to improve on our gains and ride the momentum of our
initial triumphs, we have crafted this Manual on Anti-Illegal Drugs Operation and
Investigation. This shall aid our field commanders, operators and investigators
in the proper procedures in their work to ensure a greater chance of success
especially in the prosecution of arrested suspects.
The procedures on coordination with other law-enforcement agencies who
are also concerned with anti-illegal drugs operations shall particularly strengthen
our partnership with them, particularly our support role to PDEA.
The protocols established in this manual are products of the collective
experience of field commanders, operatives, investigators and prosecutors involved
in law-enforcement. They have been made to address the challenges of the field
and the realities at the ground-levels of policing. They have been so crafted as to
be definite in their intent without taking away the necessary discretion meant to
enable a dynamic and responsive action in pursuit of a successful operation and
investigation.
Thus, with the publication of this work, the PNP adds to the tremendous
focus that this government has mandated for this specific concern and our shared
vision of a drug-free Philippines.
ATTY. JEFFERSON P SORIANO, PhD/CEO VI
Police Deputy Director General (DSC)
The Deputy Chief PNP for Administration
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Manual on Anti-Illegal Drugs Operation and Investigation
MESSAGE
It is with great honor and pride that I congratulate the Officers and men of the AntiIllegal Drugs Special Operations Task Force for coming up with the official Manual
on Anti-Illegal Drugs Operation and Investigation. Truly this is a welcome feat to
all our officers and men working in the field.
More than a timely piece of work, this manual will surely boost the knowledge
and capabilities of our operatives in performing their duties of pursuing pushers,
traders and users of illegal drugs in the country.
For many years, we have been made victims of the drug menace, and for years the
PNP in partnership with the Philippine Drug Enforcement Agency has also been
relentlessly chasing organized crime groups and big-time drug peddlers in order to
cripple the illegal drugs trade in our communities.
Enforcing the law on illegal drugs is never easy. Our police operatives are made
vulnerable to high risks of intimidation and harassment; and oftentimes the danger
of loosing their lives and careers as police officers is much a risk to take. But
gallant and courageous as our police personnel are, we do not run out of heroes
willing to pursue the campaign against illegal drugs and come face to face with big
drug syndicates if only to assure a drug-free future for our children.
Thus, this manual is indeed a welcome accomplishment and a glass-clear
manifestation of the living spirit of the PNP Integrated Transformation Program that
aims to develop leaders at all levels. This manual will surely help our personnel
gain a better understanding and appreciation of the processes and procedures
in operating and investigating illegal drugs cases and pave the way towards a
victorious battle against illegal drugs.
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Manual on Anti-Illegal Drugs Operation and Investigation
TABLE OF CONTENTS
SUBJECT
PAGE NO.
RULE I
GENERAL PROVISIONS
Section 1
Short Title
Section 2
Purpose
Section 3
Declaration of Policy
Section 4
Governing Principles
Section 5
Section 6
Standardization of Forms
Section 7
Definition of Terms
RULE II
Section 8
Authority to Operate
Section 9
Coordination Requirements
Section 10
Reporting Requirements
Section 11
Section 12
Conduct of Operation
Section 13
Drug Evidence
Section 14
13
Section 15
15
Section 16
15
Section 17
of the Suspects/Accused
15
16
Section 18
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Manual on Anti-Illegal Drugs Operation and Investigation
TABLE OF CONTENTS
SUBJECT
PAGE NO.
RULE III
PLANNED OPERATIONS
Section 19
Buy-Bust Operation
16
16
Buy-Bust Phase
18
19
20
20
22
25
25
26
27
28
29
Section 21
Marijuana Eradication
30
Section 22
Financial Investigation
31
Section 23
Controlled Delivery
31
Section 24
Clandestine Laboratory
32
32
Laboratory Evidence
Clandestine Laboratory
32
33
33
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Manual on Anti-Illegal Drugs Operation and Investigation
TABLE OF CONTENTS
SUBJECT
II
UNPLANNED OPERATIONS
Section 25
PAGE NO.
34
RULE IV
Section 26
Criminal Offenses
36
Section 27
Administrative Offense
37
RULE V
MISCELANEOUS PROVISIONS
Section 28
37
RULE VI
FINAL PROVISIONS
Section 29
Repealing Clause
37
Section 30
Effectivity Clause
37
38
UNLAWFUL ACTS
40
REFERENCES
41
44
47
48
52
54
56
57
58
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Manual on Anti-Illegal Drugs Operation and Investigation
TABLE OF CONTENTS
SUBJECT
PAGE NO.
59
62
64
66
1. Affidavit of Poseur-Buyer
68
69
71
72
73
6. Turn-Over of Custody
74
7. Chain of Custody
75
8. Summary of Information
77
78
79
81
83
84
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Manual on Anti-Illegal Drugs Operation and Investigation
Child in conflict with the law (CICL) a person below 18 years of age
who is alleged as, accused of, or adjudged as, having committed acts in violation
of RA 9165.
Clandestine Laboratory - any facility used for the illegal manufacture of
any dangerous drug and/ or controlled precursor and essential chemical.
Classified Information/Reports/Documents information, reports or
documents classified as top secret, secret, confidential and restricted which cannot
be divulged without prior clearance from proper authorities.
Confidential Informant - any person that either furnishes information
regarding drug trafficking or perform an activity under the specific direction of a
Police or other authorized personnel.
Controlled Precursors and Essential Chemicals (CPECS) those listed
in 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.
Controlled Delivery - the investigative technique of allowing an unlawful
or suspected consignment of any dangerous drug and/or controlled precursor and
essential chemicals, equipment or paraphernalia or property believed to be derived
directly or indirectly from any offense, to pass into, through or out of the country
under supervision of an authorized officer, with a view to gathering evidence to
identify any person involved in any dangerous drugs-related offense, or to facilitate
prosecution of that offense. (RA 9165)
Coordination ministerial duty of operating units involved in anti-illegal
drug operations to inform the PDEA and concerned territorial units about the
operation. It shall be made either personally, thru telephone, fax machine, email,
text messages or any electronic means, to be acknowledged by the receiving
unit thru the duty officer. The purpose of which is to avoid misencounter and to
establish harmonious relationship between and among the law enforcement units
for the accomplishment of a mission. Coordination shall mean adjusted to or in
harmony with (Words and Phrases). Likewise, it means to work or act together
harmoniously (Merriam Webster Dictionary).
Crime Scene Photographer authorized PNP member responsible for
taking photographs of the crime scene as well as the evidence seized and the
arrested suspect in accordance with Section 21, Art II, RA 9165.
Drug Evidence - any dangerous drug or Controlled Precursor and Essential
Chemical (CPECs), equipment, apparatus, paraphernalia, material, markedmoney and any other item seized/confiscated during the anti-drug operation.
3
Drug Law Enforcement Operation - an official action conducted by the
PNP with the aim of achieving supply and demand reduction of dangerous drugs.
Eradication - the detection and destruction of plantations of marijuana,
opium poppy, coca bush and other plants which are sources of dangerous drugs,
including the identification, arrest and prosecution of the planter, owner or cultivator
of the land where the plantations are located.
Flagrante Delicto means in every act of wrong (Philippine Legal
Encyclopedia). For purposes of this Manual it shall mean in the act of committing
any violation of RA 9165.
Ground Commander is a designated police commissioned officer who
is physically present in the target area and responsible for the over-all supervision
and control of the anti-drug operation conducted by a composite unit.
High-Profile Targets (HPT) Illegal Drug personalities whether local
or foreign, involved in the manufacture, importation, exportation, large scale
distribution, transport or delivery of large quantity of dangerous drugs, CPECS,
laboratory equipment/apparatus, maintenance of a drug den, dive or resort and
cultivation of plantation of plant sources of dangerous drugs.
Intelligence - is a product created through the process of planning,
directing, 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 - is the interception of illegal drugs being transported by air,
water and land.
Interview the process of eliciting information from witnesses, suspects
and confidential informants.
Instrumentation is the scientific examination of evidence collected in
the course of anti-drug operations.
Investigation is the collection of facts and evidence to accomplish a
three-fold aim:
a.
b.
c.
Investigator-On-Case a police officer responsible in the investigation,
gathering of evidence and the preparation of documents for purposes of inquest or
direct filing of the case before the prosecutors office.
4
Planned Operation A designed police operation targeting personalities,
syndicates and their accomplices involved in illegal drug activities.
Poseur-buyer - the police officer who is designated to pretend to be
a civilian buyer of dangerous drugs for purposes of effecting the arrest of the
offender.
Pusher any person who sells, administers, delivers, give away to another
or by any terms, distributes, dispatches, in transit or transports any dangerous
drugs or CPECs or who acts as a broker in any such transaction.
Recorder a police officer responsible in recording the events that
transpired during the conduct of the anti-drug operation.
Search the examination of an individuals person, house, papers or
effects or other premises to discover contraband or some evidence of guilt to be
used in the prosecution of a criminal action.
Search Warrant - 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/Inventory Officer - the police officer who is designated to seize
and inventory the evidence from the arrested suspects.
Surveillance Discreet observation of places, persons and vehicles for
the purpose of obtaining information concerning the identities or activities of the
subjects.
Team - Two (2) or more police officers trained in anti-illegal drug
operations.
Team Leader - A police officer, preferably a PCO, responsible for leading
his team in the conduct of case build-up, raid, arrest, investigation, filing and
monitoring of the case.
Use of Force is the application of reasonable force to subdue or effect
the arrest of violators of RA 9165.
c. The PNP still possess authority to conduct anti-illegal drug operation
provided that the case shall eventually be transferred to the PDEA based on
Supreme Court Decisions in People of the Philippines versus Sta. Maria, G.R.
No. 171019, February 23, 2007 and People of the Philippines versus Rashamia
Hernandez et. Al., G.R. No. 184804, June 18, 2009. Hence, PDEA deputation is
no longer necessary or required for PNP personnel assigned with anti-drug units.
d. The PNP is not prevented from conducting warrantless arrest under
Section 5, Rule 113 and search incident to a lawful arrest under Section 13, Rule
126 of the Rules of Court.
2. When coordination will compromise the lives of police operatives,
informant and witnesses, involved in anti-drug operation;
3. When coordination will prejudice the apprehension of drug suspects
and confiscation of dangerous drugs and CPECs;
6
(Note: In the above instances, post coordination shall be made in lieu
of prior coordination).
Section 10. Reporting Requirements - In every successful anti-drug operation,
PNP SAIDOTG, DAIDSOTG, PAIDSOTG, RAIDSOTG and NOSUs shall submit to
the PNP AIDSOTF and The Directorate for Operations the following reports:
a. Spot Report
b. Development Report
d. Progress Report
f. 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.
g. 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.
h. The team leader in coordination with the assigned legal officer should
see to it that appropriate warrant/s are obtained.
i. Without sacrificing operational security, coordination must be done with the
local police units of the area of operation to prevent any possible confrontation.
j. The team leader must also designate 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.
k. All operating units shall designate a seizing officer who shall be
responsible for taking into custody all drug and non-drug evidence during the antidrug operations to ensure that all these are safe and handled in accordance with
Section 21 RA 9165 and its IRR.
l. The Team Leader shall submit to PDEA a copy of the case folder after
the filing of the case.
m. No PNP personnel shall be allowed to conduct a planned anti-illegal
drug operation unless he is a member of an anti-drug unit.
Section 12. Conduct of Operation
a. All anti-illegal drug operations to be conducted by a team shall be led
by a police commissioned officer except in far flung areas where there are no
assigned PCOs.
b. In any anti-drug operation, the team leader must see to it that all actions
are in accordance with the law, the crime-scene preserved and well-managed, the
suspects are properly arrested, all possible evidence are taken into custody and
that the safety of operating elements and innocent people in the area of operation
are ensured.
c. All PNP Anti-Drug units shall be required to have at least one (1) female
member operative who shall be responsible for arresting and frisking female
suspects and for taking into custody children found in the place of operation.
8
d. The desk officer shall maintain a record of the events, which includes
among others, jump-off time and date, name of team leader, area/s of operation
and vehicles used. A record book shall be preserved for the purpose and shall form
part of the documents covering the operation.
e. 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.
f. In case an arrest is to be made, the arresting elements must do it
quickly and with reasonable force, 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 arms reach.
g. Any arrested suspect shall be apprised of his/her CONSTITUTIONAL
RIGHTS (I/We are police officers 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 a counsel you will be provided one). Kami ay mga pulis, inaaresto
ka namin sa paglabag ng RA 9165. Pinapaalalahanan ka namin na ikaw ay may
karapatang magsawalang kibo at magkaroon ng isang manananggol na iyong
sariling pili, at kung hindi mo kayang umupa ng isang manananggol bibigyan ka
namin ng isa loudly and clearly after having been secured with handcuffs - hands
behind the back. In cases where the arrested suspects are foreign nationals or
person with impaired senses, the police officers must inform their rights in the
manner understood by them or thru an interpreter if practicable.
h. All arrested suspects must be handcuffed. Should there be shortage of
handcuffs, suspects hands must be bound by any restraining material. In case of
children in conflict with law (CICL), they shall not be handcuffed unless there is a
valid reason to restrain them.
i. The team leader must see to it that all pieces of evidence from the
suspect/ s or those found in the area of operation are handled in accordance with
Section 6 of this Manual.
j. Upon return of the operating personnel to their station, the duty desk
officer must record the time and date of return, name/s of the arrested person/s,
and other significant circumstances that transpired during the operation.
Section 13. Handling, Custody and Disposition of Drug Evidence
a. In the handling, custody and disposition of the evidence, the provision
of Section 21, RA 9165 and its IRR shall be strictly observed.
9
b. Photographs of the pieces of evidence must be taken upon discovery
without moving or altering its position 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 under Section 21, Art II, RA 9165.
c. The seizing officer must mark the evidence with his initials indicating
therein the date, time and place where the evidence was found and seized. The
seizing officer shall secure and preserve the evidence in a suitable evidence bag
or in an appropriate container for further laboratory examinations.
d. Where the situation requires urgent action, suspected drug evidence
acquired may be field-tested using a drug test kit. If the result is positive this will
be the basis of the seizure and the conduct of further drug analysis.
e. Containers, packaging, equipment, etc., suspected of containing trace
amounts of drugs including controlled precursors and essential chemicals will be
considered drug evidence and shall be submitted for analysis.
f. In every negation operation, a seizing officer shall be designated who
shall be responsible for the inventory and initial custody of all drug and non-drug
evidence during the anti-drug operations. These will later be turned over to the
investigation officer or any member of the apprehending team, as the case may
be, up to the Crime Laboratory for laboratory examination and proper disposition.
g. Cellphones, Computers/laptops or any other electronic equipment
or gadgets shall be properly preserved for evidentiary purposes and technical
exploitation.
A- Drug Evidence
a. Upon seizure or confiscation of the dangerous drugs or controlled
precursors and/or essential chemicals (CPECs), laboratory equipment, apparatus
and paraphernalia, the operating units seizing officer/ inventory officer must
conduct the physical inventory, markings and photograph the same in the place of
operation in the presence of:
b. For seized drugs covered by search warrants, the inventory must be
conducted in the place where the search warrant was served.
c. In warrantless seizures like buy-bust operations, the inventory and the
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 precluded
from conducting the inventory at the place where the drugs were seized.
d. If the said procedures in the inventory, markings and taking of
photographs of the seized items were not observed, (Section 21, RA 9165), 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.
e. All the dangerous drugs and/or CPECs shall be properly marked for
identification, weighed when possible or counted, sealed, packed and labeled. The
items weighed in their gross weight, if already determined, should be noted on the
inventory and chain of custody forms, or evidence vouchers.
f. Within the same period, the seizing/ inventory officer shall prepare a
list of inventory receipt of confiscation/ seizure to include but not limited to the
following:
g. Within 24 hours upon confiscation/ seizure when practicable, all
seized drugs and/ or CPECs shall be submitted to the PNP Crime Laboratory for
examination and proper disposition.
11
h. All pieces of drug evidence shall be turned over by the seizing officer
to the investigator on case who will subsequently turnover the same to the PNP
Crime Laboratory for examination. Receipts shall be required in every phase of
this turn-over.
i. The seizing officer shall accomplish the Chain of Custody Form with
the affixed signatures which shall accompany the evidence turned over to the
investigator-on-case or the Crime Laboratory as the case may be.
B- Non-Drug Evidence
a. All pieces of non-drug evidence shall be photographed, inventoried and
properly marked as required under Section 21, RA 9165:
b. 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 far as practicable, a lawyer from the Legal
Service will be present to ensure that testimonies/information gathered can stand
the scrutiny of law.
c. For seized/ confiscated motor vehicles, a Technical Inspection Report
(TIR) shall be prepared by the Seizing Officer/Investigator-on-Case immediately
after the seizure/confiscation. If possible, the suspect/occupant of the confiscated
evidence shall be present during the conduct of the technical inspection and should
affix his signature on the report.
C- Chain of Custody
a. The seizing officer must preserve the integrity and evidentiary value of
the evidence.
12
b. The number of persons handling the drug evidence from the time it
was seized/confiscated should be limited to the seizing officer, the investigator-oncase or any duly authorized member and PNP Crime Laboratory duly authorized
personnel. Non-drug evidence shall be turned-over to the evidence custodian.
c. An acknowledgement receipt shall be issued by the person receiving
the evidence. Such receipt shall form part of the case folder of the transmitting
unit.
d. The seizing officer shall accomplish and sign the chain of custody
form which shall accompany the evidence up to the PNP Crime Laboratory for
examination.
Section 14. Airport and Maritime Interdiction Operations - The PNP-Aviation
Security Group and Maritime Group shall establish their respective anti-illegal
drug investigation section for purposes of airport and maritime drug interdiction
respectively.
A- Airport Interdiction
a. In case of Airport Interdiction, the PNP AVSEGROUP shall make lateral
coordination with the PNP-AIDSOTF and other government law enforcement units
when necessary, regarding the conduct of planned anti-drug operations.
b. In all international airports in the country, all arriving passengers and
cargoes are under the jurisdiction of the Bureau of Customs. The PNP AVSEGROUP
is the OPR in airport interdictions in so far as the departing passengers are
concerned.
c. In domestic airports where there are no Bureau of Customs personnel,
the PNP AVSEGROUP shall be the OPR both for the arriving and departing
passengers and cargoes in connection with anti-drug interdiction operation.
d. In cases where dangerous drugs, CPECs, paraphernalia and equipment
are discovered by the PNP AVSEGROUP in the person, baggage or luggage of
any passenger, the rules and procedures prescribed under In Flagrante cases of
this Manual shall be observed.
e. Whenever available, drug detection devises or aids such as K-9 dogs
will be used for the search of concealed illicit drugs in luggage, freight, containers,
etc. The PNP AIDSOTF may be requested to provide assistance in identifying the
drug or chemical contrabands as well as in handling drug evidence.
f. Unless agreed upon prior to the joint operation, routine inspection/s and
effecting arrest of suspect/s as well as the investigation thereof should be left to
the PNP AVSEGROUP.
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B- Maritime Interdiction
a. In case of maritime interdiction, the PNP MARITIME GROUP shall make
lateral coordination with PNP-AIDSOTF and other government law enforcement
units when necessary, regarding the conduct of planned anti-drug operations.
b. The PNP MARITIME GROUP, in anti-drug interdiction operation shall
strictly observe the provisions of PNP MARITIME GROUP Seaborne Coastal
Law Enforcement Procedures and this Manual in implementing RA 9165.
c. Maritime Interdiction operations shall be conducted in any of the following
circumstances:
1. Contraband being brought aboard a vessel travelling in Philippine
waters towards off-loading or landing area.
2. Contraband being transferred to and from vessels at sea (mothership operation).
3. Contraband being brought from vessels close to shore preceded
by signaling between vessels and the coast.
4. Contraband being brought aboard inflatable boats and small-crafts
moving offshore at high speed (especially at night).
5. Craft anchored or off-loading contraband on remote areas
coastline.
of
d. The participating agencies/units, if practicable, shall be deployed at
their designated area of responsibility. In case the drug traffickers change their
drop-off points, the PNP-AIDSOTF shall redeploy the supporting units/ agencies
(PNP MARITIME GROUP, PNP territorial unit) in other locations.
e. Coordination and assistance from the nearest PNP territorial unit and
other armed services where necessary shall be made by the unit concerned
deployed at their area of jurisdiction.
f. The following are the actions to be undertaken in case the target foreign
or local ship was detected, and stopped for boarding by the PNP MARITIME
GROUP:
1. The members of the boarding team shall board and secure the
ship and the suspects.
2. The evidence collection team will then board the ship to gather
pieces of evidence taking into consideration the rules on evidence
collection and preservation.
14
b. If necessary, a test buy may first be conducted. If theres any, the
dangerous drugs purchased shall be photographed, marked, packaged, sealed
and submitted to PNP Crime Laboratory for examination. The PNP CRIME
LABORATORY shall issue a laboratory result for the purpose.
c. Preparation of the buy-bust or boodle money. The buy-bust money shall
be duly marked or dusted with ultra-violet powder by the PNP Crime Laboratory. It
shall be properly photographed, reproduced and/ or recorded indicating the serial
numbers and the person who released the money, the officer who received the
same and delivered to the PNP Crime Laboratory for dusting. The officer receiving
the money shall issue a receipt for the purpose.
d. Preparation of the prior coordination with PDEA as far as practicable
and the territorial police units.
e. Preparation of the Inventory Receipt of Evidence Form for recovered
evidence, the Technical Inspection Receipt form for recovered vehicles, and other
pro-forma documents needed in the operation.
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f. Preparation and inspection of the following: Firearms, communication,
vehicles, camera and other equipment and documents to be used by the team
members.
g. The Team Leader shall ensure that he has the contact numbers of the
representatives from DOJ, Media and any local elected officials in the area for
inventory purposes as required under Section 21, RA 9165.
h. The Team Leader shall conduct a briefing emphasizing the role of every
member and on the agreed pre-arranged signal to be executed by the poseurbuyer once the sale of dangerous drugs has been consummated.
i. The team composition and their functions may include the following:
1. Team Leader a police officer, preferably a PCO, responsible
for leading his team in the conduct of case build-up, raid, arrest,
investigation, filing and monitoring of the case.
2. Assistant Team Leader (Optional) a police officer responsible
for giving assistance to the Team Leader and for assuming all the
responsibilities in the absence of the Team Leader.
3. Poseur Buyer a police officer who is designated to pretend to
be a civilian buyer of dangerous drugs for purposes of effecting
the arrest of the offender.
4. Arresting Officer - a police officer responsible for the apprehension
of the suspect/s.
5. Investigator-On-Case a police officer responsible in the
investigation, gathering of evidence and the preparation of
documents for purposes of inquest or direct filing of the case
before the prosecutors office.
6. Seizing/Inventory Officer a police officer who is designated to
seize and inventory the evidence from arrested suspects/s.
7. Back up security a police officer responsible as security to
the raiding team to prevent and control the entry and exit of all
persons in the place of operation.
8. Recorder a police officer responsible for recording the events/
incidents that transpired during the conduct of the anti-drug
operation.
j. The composition and functions of the operating team may be modified as
necessary based on the demands of the situation.
17
B- BUY-BUST PHASE
a. The poseur-buyer should ensure that the suspect delivers the dangerous
drugs or accepts the marked or dusted money before giving the pre-arranged signal
for the arrest. In the pre-positioning of the team members, the designated arresting
and/or back-up elements should observe the negotiation/transaction between
the suspect and the poseur-buyer. The back-up elements should be strategically
positioned to secure the area.
b. Upon the execution of the pre-arranged signal, the designated arresting
officers shall arrest the suspect/s. They shall introduce themselves as police officer
to the suspect/s.
c. The arresting officers shall inform the arrested suspect/s of his/her
CONSTITUTIONAL RIGHTS in a language understandable to him. (I/We are police
officers 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 pulis, inaaresto ka namin sa paglabag ng RA
9165. Pinapaalalahanan ka namin na ikaw ay may karapatang magsawalang
kibo at magkaroon ng isang manananggol na iyong sariling pili, at kung hindi
mo kayang umupa ng isang manananggol bibigyan ka namin ng isa).
d. After the arrest, the arresting officers shall search the body of the suspect
for the recovery of the buy-bust money and/or deadly weapon.
e. The seizing officer shall immediately seize and take initial custody of the
dangerous drugs.
f. The seizing officer shall thereafter conduct the actual physical inventory,
place markings and photograph the evidence in the place of operation in the
presence of:
1. The accused or the person/s from whom such items were
confiscated and/or seized or his/her representative or counsel;
2. A representative from the media;
3. A representative from the Department of Justice; and
4. Any elected public official (at least Brgy Kagawad) who shall sign,
and shall be given copies of the inventory.
(Note: The presence of the above-mentioned witnesses shall only be
required during the physical inventory of the confiscated items.)
18
g. In warrantless searches and seizures like buy-bust operations, the
inventory and taking of photographs shall be made where the evidence or items
were confiscated to properly preserve the integrity and evidentiary value of the
evidence. In case of failure to do so, the conduct of inventory may be made at the
nearest police station or office of the apprehending officer or team, however, they
must execute a written explanation to justify non-compliance of the prescribed
rules on inventory under Section 21, RA 9165. Thereafter, the arresting/seizing
officer shall turn-over the arrested suspects as well as the seized articles or
items of evidence to the Investigator-On-Case who shall be required to issue an
acknowledgement receipt of the turnover.
h. The Investigator-On-Case in coordination with the seizing officer shall
submit the seized dangerous drugs to the PNP Crime Laboratory for examination
and analysis and the arrested suspects for Physical/Medical examination and drug
testing.
C- AFTER BUY-BUST PHASE After the conduct of BUY-BUST OPERATION the
following shall be strictly observed:
a. The Investigator-On-Case shall prepare the Case Referral to the
prosecutors office for inquest proceeding for violation of Section 5, Art II, RA 9165
and attach the following:
1. Copy of the Spot Report
2. Copy of the Inventory of Property Seized duly verified under oath
3. Copy of the Request for and Result of Laboratory Examination of
seized items
4. Copy of the Request for and Result of Physical/Medical Examination
and drug test of the suspects
5. Copy of the Request for and Result of ultra violet examination on
the buy-bust money used and the suspect
6. Affidavit of Arrest executed by the arresting officer
7. Affidavit of Poseur buyer to be prepared by the poseur buyer
8. Copy of the Initial drug test result
9. Copy of the Receipt of Turn-Over of Evidence
10. Copy of the Receipt of Turn-Over of the arrested suspects
11. Duly accomplished Booking sheet and arrest report
12. Photographs of the suspect/s and evidence
b. The Investigator-On-Case shall bring the arrested person together
with the arresting personnel, seizing officer or other witnesses and the pieces of
evidence to the prosecutors office for inquest proceeding.
c. After inquest, the Investigator-On-Case may ask 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
19
d. Laboratory examination shall be requested and the pieces of evidence
obtained in the test-buy operation shall be submitted to the PNP Crime Laboratory.
If the result of the laboratory examination turns out to be positive for dangerous
drugs and/or CPECs, the deposition of two (2) witnesses who have reasons to
believe that the crime is being committed by the subject personalities, shall be
prepared and the application for the issuance of the search warrant shall be made.
(Rules on Criminal Procedure, Rule 126).
e. All applications for a Search Warrant before the LOCAL COURTS shall
be approved by the Regional, Provincial, District, City Directors, Chief of Police and
NOSU Directors as the case maybe, or their duly designated authority. However,
if there is reasonable ground to believe that the application in the local courts shall
compromise the operation, the applications for SW for violation of RA 9165 may
also be filed before the Executive Judges of Manila and Quezon City as the case
maybe with the personal endorsement of the C, PNP or TDIDM as provided for
under Supreme Court A.M. No 08-4-4-SC, dated July 7, 2009.
g. Upon approval by the chief of office concerned, the application shall be
filed with the court of jurisdiction during office hours. However, the application may
be filed after office hours, during Saturdays, Sundays and holidays provided the
applicant shall certify and state the facts under oath, to the satisfaction of the Judge,
that its issuance is urgent as provided under Supreme Court Administrative
Circular No 19 dated August 4, 1987. In view of this, the concerned units are
encouraged to coordinate with and acquire the addresses and contact numbers of
the Judges in their respective jurisdictions.
h. Upon issuance of the Search Warrant, the Team Leader shall inform the
chief of office of its implementation. The unit which has acquired a warrant must
inform the PNP-AIDSOTF for monitoring purposes.
21
must also be ready for pursuit operations when needed and are
tasked to handle traffic control and direction when necessary. The
unit size will largely depend on the operational area.
5. VIP/MEDIA Handling Team Responsible for the management
of the entry and exits of VIP, MEDIA and authorized officials in the
area of operation in coordination with the Supervisor and the Site
Safety Control Officer. He/she shall record the names, positions,
addresses, and the purpose of their visit as well as his/her advice
or action taken for the purpose.
6. Processing/SOCO Team - The team that undertakes the
collection, documentation and forensic examination of collected
physical evidence with the end view of establishing facts relative
to a crime scene. The SOCO team is mandatory when the subject
of the search warrant is a clandestine laboratory, chemical
warehouses or storage facility. The SOCO Team compositions are
as follows:
1. Team Leader establishes and maintains site control;
manages the processing of the crime scene and
coordinates all functions of the SOCO members;
coordinates with other law enforcement agencies as
needed; responsible for the consolidation of laboratory
reports and other SOCO documents relative to the case.
2. Site Safety Control Officer an officer (preferably a
chemist) who has undergone training in Clandestine Lab
Site Safety and Emergency Procedures. Together with the
Forensic Chemist, he/she will conduct initial assessment
of the scene, determine the level of protective equipment
necessary for the processing; ventilate and render the
area safe. He/She will monitor the well being of team
members and constantly assess and identify hazards
and/or potential dangers; and safeguard against them
to prevent injury or illness. He/she shall be responsible
for cautioning the operating team, VIPs, MEDIA, DOJ or
Court Officers and others, regarding the hazards of the
CPECs and the prevailing situation for their safety.
3. Forensic Chemist will conduct initial assessment of the
scene, shutdown chemical reactions, conduct inventory
of items in the scene, conduct field testing and sampling
of the specimens and identifies which pieces of evidence
will be brought to the laboratory for further analysis.
23
i.
b. In case of clandestine laboratories, chemical warehouses or storage
facilities, the CPECs or other property seized as evidence should be properly
accounted and listed in the receipt of inventory and should be attached to the search
warrant. Each article seized will be described in the inventory list as completely as
possible indicating the physical description, the location where it was found, time,
date and the seizing officers name.
c. Upon seizure or confiscation of the dangerous drugs or controlled
precursors and/ or essential chemicals (CPECs), the seizing officer shall conduct
the actual physical inventory, take photographs and mark the same in the presence
of:
1. The arrested suspect/s or the person/s from whom such items were
confiscated and/or seized or his/her representative or counsel.
2. A representative from the media.
3. A representative from the Department of Justice (must be
Prosecutor).
4. Any elected public official.
d. The seizing officer shall issue a detailed inventory receipt of the things/
articles seized to the person in whose possession it was found and the witnesses
as required under Section 21, RA 9165.
C - AFTER THE SEARCH/RETURN OF THE SW
a. The SW applicant must immediately deliver, [actual or constructive
delivery; e.g. by phone or any fastest means of communication] the things or
property seized to the judge who issued the warrant, together with an inventory
thereof duly verified under oath.
b. In case of clandestine laboratory, the SW applicant or the team leader
shall immediately call the issuing judge and inform him about the result of the
implementation of the SW and seek its approval for subsequent turn over of the
seized evidence to the Investigator-On-Case or to PNP Crime Laboratory as the
case may be. (Section 12, Rule 126, Rules of Court).
(Note: The applicant for SW or team leader must secure the telephone number
of the issuing Judge or the Branch of Clerk of Court after the approval of the
Search Warrant).
c. Upon approval of the court, the seizing officer, in coordination with the
Investigator-On-Case, shall turn-over the seized evidence to PNP Crime Laboratory
for examination and proper disposition. The Investigator-On-Case shall prepare
the referral to the PNP Crime Laboratory for examination.
27
d. The arrested suspect/s shall be brought to the office of the operating
unit and shall, be turned over to the Investigator-On-Case for investigation,
documentation and appropriate action.
e. The Investigator-On-Case shall bring the arrested suspects to PNP
Crime Laboratory for Drug Test and Physical/Medical Examination.
f. The Investigator-On-Case shall secure and collate all the result of the
Laboratory and Medical Examination for attachment on the case referral to the
prosecutor for inquest proceedings.
g. In case where the arrested suspect/s are foreign nationals, the
Investigator-On-Case shall make formal communication to the Embassy concerned,
Bureau of Immigration and other concerned government agencies such as (AMLC,
NBI, etc).
C.1 - CASE REFERRAL
a. The Investigator-On-Case shall prepare the case referral for inquest
proceeding before the Prosecutors Office with the following attachments:
1. Copy of the Search Warrant
2. Copy of the prior coordination form to PDEA (as far as
practicable)
3. Copy of the Spot Report received by PDEA
4. Copy of the Receipt of the Inventory of items seized/
confiscated duly verified under oath
5. Copy of the Certification of Orderly Search
6. Photograph of the crime scene
7. Copy of the Receipt of Turn-Over of Evidence
8. Copy of the Receipt of Turn-Over of the arrested
suspects
9. Copy of the request for and results of the Laboratory,
Drug Test and Medical Examination on the Drugs and the
suspect/s.
10. Copy of the Booking Sheet and Arrest Report
11. Photographs of the evidence seized and the suspect/s
12. Copy of the Affidavit of Arrest
13. Copy of the Affidavit of Seizing Officer
14. Affidavit of other witnesses, if any
15. Others that may be submitted later
b. In cases where there is no arrested suspect, the Investigator-On-Case
shall prepare the case referral to the Prosecutors Office for appropriate legal
action with the following attachments:
28
29
30
c. 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.
d. 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.
Section 24. Clandestine Laboratory
A CLANDESTINE LABORATORY HAZARDS
a. Many clandestine laboratory operators use the drug they manufacture
and may be extremely paranoid. Handguns and assault rifles are weapons of
choice for them.
b. 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.
c. 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.
d. 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.
B GUIDELINES ON INVESTIGATION OF CLANDESTINE LABORATORY AND
STORAGE FACILITY
a. All operations involving clandestine laboratories and storage facilities
shall be coordinated with PNP AIDSOTF for technical assistance, proper
assessment and evaluation prior to any negation operation.
32
b. 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 (usually foreigners) in its operations. The
intelligence operations shall be appropriately documented by reports supported by
sketches, maps, photographs and other relevant pieces of evidence.
c. 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.
C- PRESERVATION OF CLANDESTINE LABORATORY EVIDENCE
a. After a PNP anti-drug unit has successfully seized a clandestine
laboratory, it shall ensure that the pieces of evidence are properly preserved. It
shall strictly observe the following measures:
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 caption 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. In case of possible actual environmental leakage of chemicals in
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.
D POST INVESTIGATION OF DISMANTLED CLANDESTINE LABORATORY
a. When a clandestine laboratory is dismantled, investigators should
conduct back tracking investigation on the dangerous drugs, controlled precursor
and essential chemicals found in the laboratory:
33
34
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
35
a. Misappropriation
b. Misapplication
c. Failure to account
36
e. Any immediate supervisor who fail to notify the court where the case is
pending within twenty-four (24) hours from approval, without a compelling reason,
of the order for the transfer or re-assignment to any other unit located in another
territorial jurisdiction, of any PNP personnel who stand witness in a drug case;
(Sec 91, RA 9165)
f. Any Police Officer tasked with the prosecution of drug related cases who,
through patent laxity, inexcusable neglect, and unreasonable delay deliberately
causes the unsuccessful prosecution and/or dismissal of the said drug cases;
(Sec. 91, RA 9165)
Section 27. Administrative Offense In addition to criminal liability that may
be incurred, any PNP member found to have been violating paragraphs (a) to
(f) of Section 26 hereof, shall be held administratively liable after the conduct of
Summary Dismissal Proceedings for Grave Misconduct before the proper PNP
Disciplinary Authorities in accordance with NAPOLCOM MC 2007-001 or other
issuances amending or modifying the same.
RULE - V MISCELLANEOUS PROVISIONS
Section 28. Observance of Allied Laws, Rules, and Regulations.
a. In cases involving Child in Conflict with the Law (CICL), The PNP and
NAPOLCOM Manual on the Management of cases of children in conflict with the
law shall be strictly observed.
b. All PNP member shall strictly observe and adhere to all existing
Regulations issued by the Dangerous Drugs Board pursuant to Sec 32, R.A.
9165.
RULE VI FINAL PROVISIONS
Section 29. Repealing Clause All publications, manuals and directives
inconsistent with this manual are hereby amended, repealed, and modified
accordingly.
Section 30. Effectivity Clause This Manual Anti-Illegal Drug Operations
shall take effect upon the approval of the Chief PNP with the concurrence of the
NAPOLCOM en banc.
37
38
39
40
REFERENCES:
A. The 1987 Philippine Constitution.
B. Republic Act No. 9165, otherwise known as The Comprehensive
Dangerous Drugs Act of 2002 and its IRR
C. Republic Act 6975 as amended by RA 8551
D. Republic Act 9160, otherwise known as the Anti-Money
Laundering Act of 2001 (AMLA), as amended and its IRR
E. Republic Act No. 9344 or the Juvenile Justice and Welfare Act of
2006 and its IRR
F. Republic Act No 7438 An Act Defining Rights of Person Arrested
Detained or under Custodial Investigation
G. Republic Act 8792 E-Commerce Law
H. Republic Act No 4200 Anti-Wire Tapping Law
I. 1997 Revised Rules of Court on Criminal Procedure.
J. Supreme Court Decisions, PP versus Sta. Maria, 516 SCRA
621.
K. Supreme Court A.C. No 19, dated August 4, 1987.
L. Supreme Court A.C. No 08-4-4-SC dated July 7, 2009
M. All applicable DDB Regulations and Resolutions.
N. Napolcom Memorandum Circulars
O. PNP LOI Kontra Droga Bravo
P. PNP Memorandum Circulars and Related Issuances
Q. Police Operational Procedures Handbook
R. PNP Crime Laboratory Standard Operating Procedure
S. PNP Maritime
Procedures
Seaborne
Law
Enforcement
Operational
41
42
ANNEX A
SEARCH WARRANT FORMS
43
44
____________________
____________________
Applicant
NOTED BY:
45
RECOMMEND APPROVAL:
EDUARDO P ACIERTO, MPA, PESE
Police Senior Superintendent (DSC)
Project Officer
FRANCISCO A UYAMI, CSEE
Police Senior Superintendent (DSC)
Project Supervisor
APPROVED FOR FILING:
ATTY JEFFERSON P SORIANO, CEO VI, CPP
Police Deputy Director General
TDCO/TF CMDR, AIDSOTF
Project Director
46
MEMORANDUM
FOR
:
FROM
Director, PNP-CLG
(Attn: Chief, SOCO)
SUBJECT :
DATE
:
___________________
________________________________________________________________
1.
This pertains to the Search Warrant operations to be conducted
by elements of this Office, against suspected Drugs Clandestine Laboratory /
Chemical Warehouse / Storage located at _____________________________on
___________________________.
2.
In this connection, request availability of one (1) SOCO Team
to augment with the joint operatives of this unit, PDEA and ___________in the
implementation of Search Warrant # ___________issued by Honorable Judge
__________________, Executive Judge, RTC, Branch ____, _______ dated
_________________________
3.
____________________, Investigator-on-Case of this Office will
personally coordinate in your Office for this purpose.
4.
________________________
________________________
________________________
47
______________
(Date)
SUSPECTS:
a.)
b.)
_____________________ of ______________________
_____________________ of ______________________
B. COMPLAINANT/WITNESSES:
a.)
b.)
c.)
d.)
e.)
f.)
(Arresting Officer/s)
-
(Chemist)
-
(Barangay Official)
-
(DOJ Representative) -
(Media Representative) -
Others to be presented later.
c/o _____________________
c/o _____________________
c/o _____________________
c/o _____________________
c/o _____________________
C. EVIDENCE/EXHIBITS:
1.)
2.)
3.)
48
4.)
5.)
6.)
7.)
8.)
9.)
10.)
11.)
12.)
13.)
14.)
15.)
16.)
17.)
18.)
19.)
20.)
21.)
49
ITEMS
_____
_____
_____
_____
_____
_____
_____
QUANTITY
_________
_________
_________
_________
_________
_________
_________
DESCRIPTION
____________
____________
____________
____________
____________
____________
____________
During the implementation of said writ, _____________, (Arresting
Officers) together with other operatives introduced themselves as Police Officers
and _______________ read the contents of the said writ in the presence of the
suspect/s, media practitioners, DOJ representative and Elected Barangay Officias.
Likewise, during the arrest, suspect/s were informed of the cause of their arrest
and were apprised of their Constitutional Rights such as the right to remain silent,
to have a competent and independent counsel preferably of their own choice.
The search was conducted in an orderly manner in the presence of the
suspects and witnessed by Brgy Captain.Kagawad _________________ and
MR.________.
The actual physical inventory, markings and taking of photographs
were conducted in the place of operation in the presence of the suspect and the
representatives from the Department of Justice Prosecutor _________________
_____, Media ______________________ and Brgy Captain/Kagawad ________.
The arrested suspects were brought to ______________ Headquarters in
_____________ for investigation, proper documentations and disposition.
All confiscated/seized pieces of evidence were properly turned-over to
Investigator on Case and were subsequently turned over to PNP-CLG for laboratory
examination and custody.
PNP-CLG Chemistry Report No. __________ examined by ___________
and approved by _________________ dated ___________ gave positive results for
50
the test of dangerous drugs with a total weight of _______, essential chemicals
and precursors.
This case will be presented by _______________________ Investigator on Case
of this Office.
Request furnish this Office a copy of resolution thereof for our ready reference and
please acknowledge receipt.
_______________
51
DATE____________
QUANTITY
____________
____________
____________
____________
____________
____________
____________
____________
DESCRIPTION
________________________________
________________________________
________________________________
________________________________
________________________________
________________________________
________________________________
________________________________
A copy of hereof was furnished to MR/MRS/MS. ____________________
who was/were present during the search, seizure and inventory of the abovedescribed property/items/articles
52
VERIFICATION
REPUBLIC OF THE PHILIPPINES )
City/Province of _______________) ss
I, PO2 ROBIN MONTANO, of legal age, Filipino, bona fide member of
the PNP-AIDSOTF after being sworn in accordance with law, hereby depose and
say:
1.
That I am the duly designated SEIZING OFFICER in the aforementioned anti-illegal drugs operation;
2.
That I have caused the preparation of the above RECEIPT/
INVENTORY OF THE PROPERTY SEIZED and I have read the same and know
the contents thereof;
3.
That the allegations contained therein are true and correct of my own
personal knowledge, belief and based on authentic documents.
IN WITNESS WHEREOF, I have hereunto set my hands this ________, at
_____________________________, Philippines.
SUBSCRIBED AND SWORN TO before me this ___day of __________,
2009, at ____________________, I further certify that I have personally examined
the affiant and I am convinced that he voluntary executed and understood his
foregoing statements.
___________________
Administering Office
53
_____________________
(Date)
______________________________________
Owner/Custodian of Property Subject of Search
WITNESSES:
_______________________________
_______________________________
54
______________________________
Certifying Officer
55
_______________
(Date)
1)
__________________________________________
2)
__________________________________________
3)
__________________________________________
4)
__________________________________________
Received by:
___________________
Seizing Officer
__________________
Investigator on Case
Noted by:
______________________
Chief, Investigation Section
56
MEMORANDUM
FOR
FROM
Director, CLG
(Attn: Chief, Medico Legal Division)
(Head/Deputy/Chief, Invest)
SUBJECT :
DATE
:
________________
________________________________________________________________
1.
Request conduct drug test examination on the living person of
______________________________, of legal age, and presently residing at
_______________________________.
2.
Said person was arrested by this Unit during the implementation
of SW #_____ issued by Hon. Judge ______________, RTC Branch ________,
_______________ on ___________________ at about ______ am/pm at
_____________________________.
3.
Further request furnish this Office the result thereof for our
investigative and future reference.
4.
____________________
____________________
____________________
57
IN WITNESS WHEREOF, we have hereunto affix our signature this ___th
day of _____ at ___________, Philippines.
____________________
_____________________
Affiant
Affiant
SUBSCRIBED AND SWORN to before me this ___th
__________, Philippines.
day of _____ at
______________________
Administering Officer
CERTIFICATION
THIS IS TO CERTIFY that I have personally examined the herein affiant/s
and I am fully satisfied and convinced that they voluntarily executed and understood
their statements their statements.
_____________________
Certifying Officer
58
ITEMS
_____
_____
_____
_____
_____
QUANTITY
_________
_________
_________
_________
_________
DESCRIPTION
____________
____________
____________
____________
____________
59
6.
That, during the implementation of said writ, we introduced
ourselves as Police Officers and _______________ read the contents of the said
writ in the presence of the suspect/s, media practitioners, DOJ representative and
Elected Barangay Official, likewise apprised them of their Constitutional Rights
such as the right to remain silent, to have a competent and independent counsel
preferably of their own choice and the right to be informed of such rights, a well as
of the nature of their arrest.
7.
That, the Search was conducted in an orderly manner in the
presence of representatives from Barangay _____________ identified as ____
____________, City Prosecutors Office identified as _________________, and
MEDIA practitioner identified as _________________.
8.
That the actual physical inventory, markings and taking of
photographs were conducted in the place of operation in the presence of the
suspect and the representatives from the Department of Justice Prosecutor
____________________, Media ______________________ and Brgy Captain/
Kagawad __________________
9.
That, the arrested suspects were brought to _______ Headquarters
in _____________ for investigation, proper documentations and disposition.
10.
That, all confiscated/seized pieces of evidence were properly
turned-over to Investigator on Case and were subsequently turned over to PNPCLG for laboratory examination and custody.
11.
PNP-CLG Chemistry Report No. _____________ examined by
_______________ and approved by _________________ dated ___________
gave positive results for the test of dangerous drugs with a total weight of _______,
essential chemicals and precursors.
12.
That, we are executing this affidavit to attest to the truthfulness
of the foregoing facts and to support the filing of appropriate charges against the
suspects.
IN WITNESS WHEREOF, we have hereto affixed our signatures below
this ____ day of _______________ at __________________, Philippines.
______________________
___________________
Affiant
Affiant
60
_________________________
Administering Officer
CERTIFICATION
THIS IS TO CERTIFY that I have personally examined the herein affiants
and I am fully satisfied and convinced that they have voluntary executed and
understood their statements.
_________________________
Certifying Officer
61
ITEMS QUANTITY
______ _________
______ _________
DESCRIPTION
___________________
___________________
That the actual physical inventory, markings and taking of photographs
were conducted in the place of operation in the presence of the suspect and the
representatives from the Department of Justice Prosecutor ________________,
Media _________________ and Brgy Captain/Kagawad __________________ .
That I properly turned-over all the confiscated / seized pieces of evidence
to Investigator on Case and the same were subsequently turned over to PNP, CLG
for laboratory examination and custody.
That, I am executing this affidavit to attest to the truthfulness of the foregoing
facts and to support the filing of appropriate charges against the suspect/s.
62
IN WITNESS WHEREOF, I have hereunto affixed my signature this____
day of _______ at ____________., Philippines.
________________________
Affiant
SUBSCRIBED AND SWORN to before me this ___ day of _________at
_____________, Philippines.
________________________
Administering Officer
CERTIFICATION
THIS IS TO CERTIFY that I have personally examined the herein affiant
and I am fully satisfied and convinced that he/she voluntarily executed and
understood the contents hereof.
________________________
Certifying Officer
63
: _____________________________________
Agency / Address
: _____________________________________
: _____________________________________
Remarks
: _____________________________________
RECEIVED BY
: _____________________________________
Agency / Address
: _____________________________________
: _____________________________________
Remarks
: _____________________________________
64
TURNED OVER BY
: _____________________________________
(Name and Designation)
: _____________________________________
: _____________________________________
: _____________________________________
Agency / Address
Time and Date
Remarks
RECEIVED BY
: _____________________________________
(Name and Designation)
Agency / Address
Time and Date
Remarks
: _____________________________________
: _____________________________________
: _____________________________________
________________________________________________________________
TURNED OVER BY
: _____________________________________
(Name and Designation)
Agency / Address
Time and Date
Remarks
: _____________________________________
: _____________________________________
: _____________________________________
RECEIVED BY
: _____________________________________
(Name and Designation)
Agency / Address
Time and Date
Remarks
: _____________________________________
: _____________________________________
: _____________________________________
________________________________________________________________
TURNED OVER BY
: _____________________________________
(Name and Designation)
Agency / Address
Time and Date
Remarks
: _____________________________________
: ______________________________________
: ______________________________________
65
____________________________________
SIGNATURE OF PERSON ARRESTED
____________________________________
ARRESTING OFFICER
RIGHT HAND
LEFT HAND
66
ANNEX B
BUY- BUST FORMS
67
________________________
Affiant
SUBSCRIBED AND SWORN to before me this ___ day of __________ at
_____________, Philippines.
_________________________
Administering Officer
CERTIFICATION
THIS IS TO CERTIFY that I have personally examined the herein affiant
and I am fully satisfied and convinced that he/she voluntarily executed and
understood the contents hereof.
_________________________
Certifying Officer
68
DATE______________
QUANTITY
____________
____________
____________
____________
____________
____________
____________
____________
DESCRIPTION
________________________________
________________________________
________________________________
________________________________
________________________________
________________________________
________________________________
________________________________
A copy of hereof was furnished to MR/MRS/MS. ___________________
who was/were present during the search, seizure and inventory of the abovedescribed property/items/articles
69
VERIFICATION
REPUBLIC OF THE PHILIPPINES )
City/Province of _______________) ss
I, PO2 ROBIN MONTANO, of legal age, Filipino, bona fide member of
the PNP-AIDSOTF after being sworn in accordance with law, hereby depose and
say:
1.
That I am the duly designated SEIZING OFFICER in the aforementioned anti-illegal drugs operation;
2.
That I have caused the preparation of the above RECEIPT/
INVENTORY OF THE PROPERTY SEIZED and I have read the same and know
the contents thereof;
3.
That the allegations contained therein are true and correct of my
own personal knowledge, belief and based on authentic documents.
IN WITNESS WHEREOF, I have hereunto set my hands this ________, at
_____________________________, Philippines.
SUBSCRIBED AND SWORN TO before me this ___day of __________,
2009, at ____________________, I further certify that I have personally examined
the affiant and I am convinced that he voluntary executed and understood his
foregoing statements.
_________________________
Administering Officer
70
________________
(Date)
Received by:
_____________________
Seizing/Arresting Officer
_____________________
Investigator on Case
Noted by:
_________________________
Chief, Investigation Section
71
_______________
(Date)
________________________
________________________
Arresting Officer/s
Noted by:
________________________
Chief, Investigation Section
Received by:
___________________
Investigator on Case
72
____________________________________
SIGNATURE OF PERSON ARRESTED
____________________________________
ARRESTING OFFICER
RIGHT HAND
LEFT HAND
73
________________
(Date)
Turn-Over of Custody
City Warden
City Jail
__________ City
Sir,
Respectfully turned-over to your custody the living person of
_____________________, (Nationality), (Age), (Civil Status), and a resident of
________________, who was arrested during buy-bust operation conducted by
this unit on ________, at about __________ at ____________________.
Attached are the following records listed below for your reference and
perusal.
INCLUSIONS:
a.
b.
c.
d.
e.
f.
74
Agency / Address
Time and Date
Remarks
: _____________________________________
: _____________________________________
: _____________________________________
RECEIVED BY
: _____________________________________
(Name and Designation)
Agency / Address
Time and Date
Remarks
: _____________________________________
: _____________________________________
: _____________________________________
75
TURNED OVER BY
: _____________________________________
(Name and Designation)
Agency / Address
Time and Date
Remarks
: _____________________________________
: _____________________________________
: _____________________________________
RECEIVED BY
: _____________________________________
(Name and Designation)
Agency / Address
: _____________________________________
Time and Date
: _____________________________________
Remarks
: _____________________________________
________________________________________________________________
TURNED OVER BY
: _____________________________________
(Name and Designation)
Agency / Address
Time and Date
Remarks
: _____________________________________
: _____________________________________
: _____________________________________
RECEIVED BY
: _____________________________________
(Name and Designation)
Agency / Address
: _____________________________________
Time and Date
: _____________________________________
Remarks
: _____________________________________
________________________________________________________________
TURNED OVER BY
: _____________________________________
(Name and Designation)
Agency / Address
Time and Date
Remarks
: _____________________________________
: _____________________________________
: _____________________________________
76
SUMMARY OF INFORMATION
SUBJECT
AFFILIATION
OFFENSE COMMITTED:
________________________________________________________________
PERSONAL DATA
:
Name
Age
DOB/POB
Gender
Nationality
Civil Status
Skill
Religion
Blood Type
Complexion
Height/weight
Marks
Ethnic
Present Address
Provincial Address
Present Employment
Previous Employment
Date of Employment
Education
Spouse/Employment
Children
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
:
OTHER INFORMATION :
CONFIDENTIAL
77
_______________
(DATE)
TO
:
________________________________________________________________
I. INTRODUCTION
A. DATE/TIME
B. DURATION OF SURVEILLANCE
F. TYPE OF SURVEILLANCE
CONFIDENTIAL
Republic of the Philippines
Department of the Interior and Local Government
NATIONAL POLICE COMMISSION
NATIONAL HEADQUARTERS PHILIPPINE NATIONAL POLICE
ANTI ILLEGAL DRUGS SPECIAL OPERATIONS TASK FORCE
Camp Crame, Quezon City
Telefax no. 722-1918
_______________
(DATE)
REFERENCE :
________________________________________________________________
MEETING
a. DATE/TIME:
Actual
Scheduled
b. PLACE OF INITIAL MEETING/CONTACT:
Actual
Scheduled
c. PLACE OF TRANSFER MEETING:
Actual
Scheduled
d. REASONS FOR DEVIATION IN ABOVE SCHEDULE:
1.
2.
e. VISUALS SIGN USED:
1.
2.
f.
79
g. COVER USED:
Action handlers (AH)
Action Agents (AA)
i. PROBLEMS BROUGHT OUT BY THE AA AND SOLUTIONS MADE BY
THE AGENT HANDLER:
INFORMATION AND OPERATIONAL DATA GATHERED:
Indicate source and details on how the info was gathered by the Action
Agent.
NEXT MEETING:
a. REGULAR PLAN
Date/Time/Place
b. ALTERNATE PLAN
Date/Time/Place
c. EMERGENCY PLAN
d. COVER STORY
1) Agent Handler
2) Action Agent
e. VISUAL SIGNS
1. Safety
2. Danger
f.
INSTRUCTION(s)
_________________________________
(Signature over printed name)
Agent Handler
80
CONFIDENTIAL
Republic of the Philippines
Department of the Interior and Local Government
NATIONAL POLICE COMMISSION
NATIONAL HEADQUARTERS PHILIPPINE NATIONAL POLICE
ANTI ILLEGAL DRUGS SPECIAL OPERATIONS TASK FORCE
Camp Crame, Quezon City
Telefax no. 722-1918
__________________
(DATE)
I.
INTRODUCTION:
This is a periodic Development Report of COPLAN (COPLAN
CODE) of (Unit______________________) ____________targeting (State
targets_______________________).
This report covers the period (Inclusive dates/month __________________).
II.
DEVELOPMENTS:
A.
-
AGENT ACQUISITION/TERMINATION
Where the Action Agent (s) (spotted or acquired during the period?
If so, who are they and give details on their backgrounds.
B.
-
C.
INFORMATION ACQUISITION Analysis and assessment of the
information gathered by the AA during the period.
D.
PROBLEMS What were the problems encountered by the Case
Officer, Principal Agent, Agent Handler, Support Agent and Action Agent(s) during
the period? What actions have been undertaken or will be undertaken to solve the
problems? (Problem to be indicated herein should be operation-related)
81
E.
PLANS - What specific plans or program of action are to be
undertaken by the Action Agent(s) in the succeeding period?
F.
CONCLUSION Case Officers conclusion on the projects current
operation status. Determine whether the COPLAN is still viable or not.
_______________________
(Case Officer)
Report prepared by CASE OFFICER and endorsed by COPLAN Supervisor
to be submitted NLT the 12th day of the succeeding month. The MDR should be
the summaries of all the CMRs for the month and can be prepared after completing
the CMRs.
(NOTE: THE SPECIAL PROJECT REVIEW BOARD (SPRB) reserves the right
to recommend the suspension or outright termination of the COPLAN for
failure to comply with the above basic reports. All COPLAN-related reports
shall be submitted SAFEHAND according to the provision of PNP R-200012)
82
(pursuant to DPRM Letter Orders No. 1180 dated September 23, 2009)
NAME
PSSUPT FRANCISCO A UYAMI, JR.
PSSUPT EDUARDO P ACIERTO
PSSUPT LEO ANGELO LEUTERIO
PSUPT BERNARDO A BORRINAGA
PSUPT FERNANDO V FORTES
PSUPT LEONARDO R SUAN
PSUPT ALEXANDER G MARIANO
PSUPT DOMINIC L BACCAY
PSUPT EMERSON M MAIBO
PSUPT ORLANDO T MELCHOR
PSUPT SHEPARD R REYES
PSUPT GRACE M EUSTAQUIO
PSUPT ISMAEL G FAJARDO, JR.
PCINSP VIRGILIO V VILORIA
PCINSP JOEL E VILLAROJO
PCINSP MAYRA M TULAUAN
PSINSP ALDO C PEAFLOR
PSINSP RUBEN D PADUA, JR.
PCINSP ROQUE A MERDEGIA, JR.
PCINSP BEATRIZ S LISING
OFFICE/UNIT
AIDSOTF
AIDSOTF
TDCO
AIDSOTF
AIDSOTF
AIDSOTF
AIDSOTF
AIDSOTF
AIDSOTF
LS
MG
CLG
AIDSOTF
DI
DO
DIDM
CIDG
ASG
AIDSOTF
AIDSOTF
DESIGNATION
Chairman
Vice Chairman
Member
Member
Member
Member
Member
Member
Member
Member
Member
Member
Member
Member
Member
Member
Member
Member
Member
Recorder
83
84