NARCOTIC OPERATIONS

General Rules and Procedures

AUTHORITY TO OPERATE
Only specially trained, experienced and competent drug enforcement personnel shall conduct drug enforcement operations. PRE-OPERATION REPORT All anti-drug operations must be covered by a Pre-Operation Report (POR). For this purpose, all PDEA operating units and other drug law enforcement agencies authorized to conduct anti-drug operation shall, before conducting anti-drug operations, coordinate with the PDEA. This POR may be dispensed with when the situation so requires as when the subject of the offense would take flight or run away with the pursuing drug law enforcers and in case of the doctrine citizen arrest as provided for in Section 5, Rule 113 of the Revised Rules of Court.

General Rules and Procedures

In either case, a written After-Operations Report shall be submitted to the PDEA within twenty-four (24) hours after the termination of the operation, and shall regularly submit progress reports depending on developments. Also, a Spot Report should be submitted within six (6) hours after every operation whether or not the result is positive. A narrative report should be submitted in addition to the filled-up Spot Report format. INTER-UNIT COORDINATIONS A. Team leaders of other drug law enforcement agencies whether PNP, NBI, BUCUS shall coordinate directly with the PDEA through the National Operations Center (NOC)/Plans and Operations Service (POS) by sending their Pre-Operation Report (POR) through fax, telephone or by personally submitting their POR to this Agency using the prescribed POR format (Annex A).

General Rules and Procedures

B. All drug enforcement operations to be conducted whether by the NBI, Bureau of Customs, PNP and PDEA operatives shall be covered by a PreOperation Reports (PORs). C. All steps taken before, during and after the conduct of operations must be properly documented and authenticated. D. Operating units shall submit written After-Operations Report promptly after the termination of every drug enforcement and prevention operations. E. The apprehending team having initial custody of the seized items shall immediately conduct inventory and photograph the same in the presence of the personalities mentioned in Section 21, RA 9165. F. No apprehended person or seized item shall be released without authorization from the duly designated authority. J. All pieces of evidence confiscated will be deposited with the proper Evidence Custodian (PDEA Laboratory) for safekeeping and handled in accordance with the IRR of RA 9165. H. In the conduct of drug enforcement operation, each participating element must be given a clear and doable task, taking note of all the acts performed by him during the conduct of the operation proper, and be prepared to testify on his actual participation.

Specific Rules
COVERAGE This policy covers the procedures in the following anti-drugs operations: A. Buy-bust B. Search with Warrant C. Marijuana Eradication D. Airport/Seaport Interdiction E. Raid on Clandestine Laboratory

In every anti-drugs operation, the following stages shall be observed, followed and executed:
Phase I

1) Planning and Preparation which include surveillance, casing, reconnaissance and such other preliminary activities as precede to any operation. 2) Conduct of Operation

Specific Rules
2. Phase II a) b) c) d) e) f) Tactical Interrogation/Follow-up Operations Post Operation Custodial Investigation Prosecution Trial Resolution

A. BUY-BUST OPERATION
1. Concept

Buy-bust operation is a form of entrapment employed by peace officers as an effective way of apprehending a criminal in the act of the commission of the offense. Entrapment has received judicial sanction as long as it is carried out with due regard to Constitutional and legal safeguards (PP v Basilgo,G.R. No.107327, August 5,1994).

2. Planning and Preparation

1) The operation must be preceded by an intensive surveillance, casing or intelligence gathering, evaluation and timely dissemination. Intelligence must be evidence-based and shall be supported by documents such as summaries of information (SOI), maps, sketches, affidavits and sworn statements. 2) Intelligence operations must be covered by Pre-Operations Orders and subsequently documented by appropriate reports, such as After-Surveillance and After Casing Reports with corresponding annexes, such as maps, sketches, photographs and tapes, background investigation/record checks reports and other relevant after-operation reports. 3) The intelligence operative/agent concerned must keep and preserve notes to record any valuable information he gathers. These documents are necessary to strengthen the credibility of the arresting officers in court and during the trial as these are proof that sufficient information regarding the suspect and his activities were gathered and documented prior to his arrest.

2. Planning and Preparation

4) Other information received through walk-in informers/witnesses/telephone callers and public complaints must be properly recorded in the unit logbook, verified or referred to intelligence for decisive analysis and proper disposition/dissemination. 5) Dissemination of intelligence data must be timely and on need-toknow basis. 6) After identifying the suspect, determining his movements and activities, and establishing his location, the duly authorized official shall issue a Pre-Operations Order indicating the name of the suspect or suspects, address and area of operations, description and quantity of drugs subject of the offense, and the team leader and members of operating team. 7) A poseur-buyer shall be designated and buy-bust money duly marked or dusted with ultra-violet powder by the PNP Crime Laboratory Services (CLS) or other authorized government agency shall be prepared. The buy-bust money shall be properly recorded in the unit blotter/log book indicating therein the denominations, serial numbers, date/time/place of entry, person who made the entry and person who delivered the same to the PNP CLS or other authorized government agency.

3. Conduct of Operation
1) Before jump-off, rehearsal must be conducted as may be practicable. Accounting of personnel, checking of uniforms, inspection of firearms and equipment shall also be conducted. 2) The time of jump-off must be recorded in the unit blotter/log book. 3) Actual and timely coordination with the nearest PNP territorial unit must be made. 4) Area security, dragnet or pursuit operation must be provided. 5) If buy-bust money is dusted with ultra-violet powder, the operating element must ensure that suspect gets hold of the same with palm/s contaminated with the powder before giving the pre-arranged signal for the arrest of the suspect. 6) In pre-positioning of the team members, the designated elements must clearly and actually observe the negotiation/transaction between suspects and the poseur-buyer. 7) The arresting team or the poseur-buyer, if possible, shall arrest suspect in a defensive manner, anticipating possible resistance with the use of deadly weapons which may be concealed in his body, vehicle or in a place within arms reach.

3. Conduct of Operation
8) After lawful arrest, the arresting element/s shall search the body and vehicle, if any, of the suspect for the recovery of the buy-bust money, other concealed evidence or deadly weapon. 9) The arresting element/s shall apprise the suspect/s of his/her/their constitutional rights loudly and clearly after having been secured with handcuffs, as follows: 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. (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) 10) Team leader, poseur-buyer and evidence custodian shall conduct actual inventory of the seized evidence by means of weighing and/or physical counting, as the case may be.

3. Conduct of Operation
11) Photographs of the evidence must be taken, including the process of taking the inventory especially during weighing, and if possible under existing conditions, with the registered weight of the evidence on the scale focused by the camera. 12) The poseur-buyer must prepare a detailed receipt of the confiscated evidence for issuance to the possessor (suspect) thereof and thereafter, shall turn it over to the evidence custodian and the possessor, if possible. 13) The seizing officer (normally the poseur-buyer) and the evidence custodian must mark the evidence with their initials and indicate the date, time and place the evidence was seized. 14) Only the evidence custodian shall secure and preserve the evidence in a suitable evidence bag or in an appropriate container, deliver the same to the PNP CLS or NBI for laboratory examination and comply with the provisions of DEP Center Memo Cir No. 1-99 (Annex D). 15) Upon completion of the buy-bust operation that resulted in the arrest of the suspect, unless a tactical interrogation of the suspect on the scene shall lead to follow-up operation, the team leader shall consolidate his forces and return to unit headquarters with the suspect and evidence for documentation.

Se

B. SEARCH WITH WARRANT OPERATION

1. Concept

A Search Warrant is an order in writing issued in the name of the People of the Philippines, signed by a judge and directed to a peace officer, commanding him to search for personal property described therein and bring it before the court (Sec 1, Rule 126, Revised Rules of Court; See also Annex C). 2. Planning and Preparation

1) Prior to the procurement of search warrant, intensive intelligence data gathering must be undertaken for the production of evidence-based information which must be supported by credible documents such as: Summaries of Information, Sketches and others of intelligence value.

2) Conduct of surveillance and intelligence operations for purposes of ascertaining the target must be properly documented with Pre-operation Orders, After Surveillance and After Casing Reports supported by maps sketches, photographs, background investigation and record check reports and other relevant and valuable after-operation reports.

2. Planning and Preparation 3) Valuable information gathered by intelligence operatives must be recorded in notebooks to be duly preserved to strengthen arresting officers credibility in court during trials. 4) Once the identity, movements, activities and location of the suspect are established, the duly authorized official shall issue a Pre-Operation Order for the conduct of test-buy to be undertaken by an operating team to test the genuineness of the stuff in the possession of the would-be target personality. 5) A laboratory examination of the pieces of evidence obtained in the test-buy operation shall be made by a duly accredited drug forensic laboratory. 6) If the result of the laboratory examination turns out to be positive of dangerous drug, application for search and deposition of two (2) witnesses who have personal knowledge of the subject of search shall be prepared.

7) Search warrant shall be applied with competent court.

8) After the competent court issues the Search Warrant, the Receipt for Property Seized, Certificate of Orderly Search and Drug Weighing Report shall be prepared.

3. Conduct of Operation 1) Prior to jump-off, briefing, rehearsal, accounting of personnel, checking of uniforms and required documents, inspection of firearms and equipment shall be conducted.
C.

2) Jump-off time shall always be recorded in the units blotter/logbook.

3) Actual and timely coordination with the nearest PNP territorial unit must be made. 4) Proper coordination and assistance for witnesses from the barangay having jurisdiction over the place where the premises to be searched is located shall be made.
5) Area security, dragnet or pursuit operation must be provided. 6) No civilian agent shall be allowed to be a member of the searching

party.
7) Instant area observation shall be made by the team leader before giving notice of his purpose and authority to the owner/lawful occupant of the premises to be searched in the presence of at least two (2) witnesses preferably Barangay Officials or responsible persons in the area.

3. Conduct of Operation
8) The perimeter security group must be positioned to cover all exit/entry points before entering/raiding group with the back-up security enter the premises. In case of resistance, the entering/raiding group shall decisively subdue the suspect/s with the use of necessary and reasonable force only.

9) Before entry, the Search Warrant shall be served by having a copy received by the respondent or any responsible occupant of the place to be searched. 10) After the entering/raiding group has secured its entry into the premises, the search group and evidence custodian shall enter the premises for the conduct of the proper search, as follows: a) In all cases, the search must be witnessed by the owner/occupant and in the presence of at least two (2) responsible persons in the vicinity, preferably two (2) barangay/town officials.

3. Conduct of Operation
b) Only those personal property particularly described in the search warrant shall be seized to wit: (1) (2) (3) (4) (5) Subject matter of the offense; Stolen or embezzled and other proceeds or fruits of the offense; Used or intended to be used in the commission of an offense; Objects which are illegal per se, e.g. FAs and explosives; and Those that may be used as proof of the commission of the offense.

11) If the premises to be searched have two or more rooms or enclosures, each room or enclosure must be searched one at a time and in the presence of the occupants and two (2) witnesses. 12) Photographs of the evidence must be taken upon discovery without moving or altering its position in the place where it is placed, kept or hidden. 13) The search group and evidence custodian, supervised by the team leader, shall take 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.

3. Conduct of Operation
14) The duly designated searching element who found and seized the evidence must mark the same with his initials and also indicate the time, date and place where said evidence was found and seized thereafter, turn it over to the duly designated evidence custodian who shall also mark the evidence and indicate the time, date and place he received such evidence.
15) Evidence seized must be weighed in the presence of the occupants and witnesses and prepare the Drug Weighing Report to be signed by the arresting officers, evidence custodian, occupants and witnesses. Again, photographs of the evidence shall be taken while in the process of inventory and weighing with the registered weight in the weighing scale focused by the camera. 16) A receipt and drug weighing report must be accomplished based on the actual physical inventory and weighing of the evidence found and seized and the owner/possessor furnished copies thereof, or in his absence, the occupant of the premises, and the two (2) other witnesses in the

3. Conduct of Operation
17) 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 presence and that nothing was lost or destroyed during the search and nothing was taken except those mentioned in the search warrant. If the suspect or occupant of the premises refuses to sign the documents, his refusal therein must be indicated.
18) Only the duly designated evidence custodian shall secure and preserve the evidence in an evidence bag or appropriate container and thereafter ensure its immediate presentation before the court that issued the search warrant in accordance with the IRR, RA 9165 (Annex D). 19) The applicant shall cause the return of the search warrant together with the receipt of seized evidence immediately after the service of the warrant with prayer to the court that the evidence be forwarded to a duly accredited/recognized drug laboratory for examination. 20) Upon completion of the search, seizure and arrest and unless the tactical interrogation of suspect on the scene shall lead to a follow-up operation, the team leader shall consolidate his forces to see to it that no ransacking or looting or destruction of property is committed. 21) Thereafter, the team shall immediately return to unit headquarters with the suspect and evidence for documentation.