12

REPUBLIC OF THE PHILIPPINES

NORTHERN NEGROS STATE COLLEGE OF SCIENCE AND
TECHNOLOGY
OLD SAGAY, SAGAY CITY, NEGROS OCCIDENTAL
(034)722-4169/www.nonescost.edu.com

COLLEGE OF
CRIMINALJUSTICE
EDUCATION
COURSE MODULE IN

Drug Education
and Vice Control
2 Semester, A.Y. 2022 – 2023
nd

COURSE FACILITATOR: PAMELA N. ALINGASA, RCrim, Ph.D.

2
FB/MESSENGER: Pamela Alingasa
Email: [email protected]
Phone No: 09957831817

MODULE
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The procedures and/or legal provisions of drug operations by PNP, PDEA, NBI, and
Customs: https://pro10.pnp.gov.ph/pro10/downloads/AIDSOTF_MANUAL.pdf

a. SURVEILLANCE OPERATION;

1.Surveillance
 It is a form of clandestine investigation which consists of keeping persons, place or other
targets under physical observation in order to obtain evidence or information pertinent to
an investigation.

It is the covert observation of persons, places, and things for the purpose of obtaining
information concerning the identities and/or activities of suspected criminals.

 Casing or reconnaissance - surveillance of place

 Tailing or shadowing – surveillance of persons.

 Roping – surveillance of other things, events and activities

 Methods of Surveillance

The manner as to how surveillance is to be conducted which includes the various

procedures and techniques employed by an agent or surveillant is referred to as the
METHODS IN SURVEILLANCE. This could be either be:
 ONE MAN SHADOW
 TWO MAN SHADOW
 THREE MAN SHADOW
 PROGRESSIVE

In one man shadow, as the number speaks, there is only one surveillant following the
subject. If two man shadow, two surveillant. In three man shadow, three surveillant.

 Procedures in the conduct of one man shadow

1. Follow the subject butt not too close. A distance that is enough for you to see the subject,
but not too far to lose the subject.
2. If the subject turns, you either follow his path or cross to the other side, whichever you
think is practicable in the situation.
3. Make a good decision as to where the subject will be going. In that case, the surveillant
is at the stage in taking the right position or placement while following the subject.
4. Do not wear any apparel or clothing that are obvious or can caught the attention of the
subject.
5. Take photographs if possible, especially those contacts by the subject.
6. For phographic guidance, see Figure 7 (T1 Pp 99)

 Procedures in the conduct of two man shadow

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1. The first surevillant (A) should follow the subject while the second surveillant (B)
following the first surveillant.
2. Both surveillant should have a proportionate distance. Meaning, a distance that is
enough for them to see, but not too far to lose the subject. They must also have a
proportionate distance which means that they are not too far or too close to one another.
3. If the subject either crosses the street or turn, allows the second surveillant (B) to
follow the subject while the first surveillant (A) should either cross or go straight but not
on the same side where the subject go. This time, the first surveillant should find the right
place and timing to regroup. He may stop and later follow surveillant (B) or turn and
catch them on the next corner depending on the situation.
4. Make a good decision as to where the subject will be going. In that case, the surveillant
is at the advantage in taking the right position or placement while following the subject.
5. Regroup if chances are possibe. Meaning, have the original placement but necessarily
the same surveillant when you started doing the shadowing of the subject. This means
that the first surveillant (A) may now become the second surveillant (B) or vice versa.
6. Do not wear any apparel or clothing that is obvious or can catch the attention of the
subject.
7. Take photographs if possible, especially those contacts by the subjects.
8. For photographic duidance, see FIGURE 8 (T1 Pp 101)

 Procedure in the conduct of three man shadow

1. The first surveillant (A) Should follow the subject while the second surveillanT (B)
follows the first surveillant. The third surveillant (C) is the same way where the subject is
going but on the opposite street parallel with the surevillant (A)
2. Like in one man and two mnshadow, both surveillance should have a proportionate
distance.
3. If the subject either crosses the street or turns, allow the second surveillant (B) to
follow the subject while the first surveillant (A) should either cross or go street but not on
the same side where the subject gone. The third surveillant (C) should observe the subject
and act the role of either surveillant A or B depending on the situation. Whoever becomes
the third surveillant should follow the same. Later, they should find the right place and
timing to regroup.
4. Make a good decision as to where the subject will be going. In that case, the surveillant
is at the advantage in taking the right position or placement while following the subject.
5. Regroupo if chances are possible but gain, not necesasarily the same place when you
started doing the shadowing of the subject. This means that the first surveillant (A) may
now become the second surveillant (B) or vice versa and surveillant (B) becomes now
the surveillant (C) and surveillant (C) becomes bow surveillant (A) or vice versa
depending on the situation.
6. Do not wear any apparel or clothing that is obvious or can catch the attention of the
subject.
7. Take photographs if possible, especially those contacts by the subjects.
8. For photographic duidance, see FIGURE 8 (T1 Pp 103)

 4.Progressive – not continual

Counter Surveillance Techniques:
1. Window shopping
2. Paper drop
3. Retracing the course
4. Stopping immediately after turning a street corner
5. Watching persons getting on succession of conveyance
6. Convoys
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7. Watching the procession
8. Talking to acquaintance.

Take note that the procedure taken either in one man, two man shadow are quite the same.
They just differ in terms of their role and placement. In this way, alarming the subject that he
is under surveillance is quite small considering that there are two or three persons conducting
the surveillance.

JOINT AFFIDAVIT OF SURVEILLANCE

Republic of the Philippines)

City/Province ) S.S.
x---------------------------------x
JOINT AFFIDAVIT OF SURVEILLANCE

We, __________ and ______________, both of legal age, bonafide

members of Philippine National Police, presently assigned with _____________,
stationed at ____________, after having been duly sworn to in accordance with
law do hereby depose and state to wit;
That we are member of the PNP presently assigned with ____________
stationed at __________________.

(FACTS OF THE CASE/ CHRONOLOGY OF EVENTS)

We were executing this affidavit to attest to the truthfulness of the foregoing

facts and to support the application for the issuance of Search Warrant.
FURTHER AFFIANT SAYETH NAUGHT:
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 day of _____ at

__________, Philippines.

______________________
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

b. INFORMATION GATHERING AND COLLECTION,

Collecting Evidence in Narcotics Operations Using Special Techniques

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The United Nations Convention against Transnational Organized Crime (UNTOC) 2000 allows
the state parties to use special investigation by adjusting to their domestic laws.

Special investigative techniques consist of:

Controlled delivery
Undercover operations
Electronic surveillance

1. Controlled Delivery

Controlled delivery is the technique of allowing illicit or suspect consignments to pass out of,
through or into the territory of one or more States, with the knowledge and under the supervision
of their competent authorities, with a view to the investigation of an offense and the identification
of persons involved in the commission of the offense. However, a delivery method under control
is quite inconvenient and complicated due to the consent of the States parties concerned.

A controlled delivery is a law enforcement technique that allows the transport of illegal drugs or
other contraband, under law enforcement supervision, to those persons who have arranged for the
shipment. It is not considered as a sting operation or an offense conducted by competent
authorities.

(i) Possession of contraband by authorities or persons responsible for controlled delivery.

Authorities or persons are responsible for controlled delivery under law enforcement
supervision.

(a) Illegal drugs ‒ the permission under the ministerial regulations which identifies a person
with authority, a destination, a return and a report to the minister of the Ministry of Public
Health .

In this process, the drug delivery needs to be sent by the person who wants to transmit
drugs to a country which is the destination of an assigned recipient. An operator entering a
residence or a private place of a drug sender is considered as having been done with the
senderʼs permission and a delivery to a recipient by entering a residence or a private place is
also concerned as having been done with permission. While evidence taken illegally and
unconstitutionally is unacceptable, the above-described practice is allowed by the provisions
of the constitution.

(b) Lackof authorization for law enforcement officers to possess contraband for controlled
delivery However, many jurisdictions still lacklegislation or constitutional provisions that
authorize law enforcement officers to carry or deliver contraband. In these countries, law
enforcement officers who do so are considered to have violated the law and may be found
guilty of drug crime.
(ii) Possession of contraband by other persons involved in controlled delivery . In this case, a spy
owns the contraband because of having an association with a networkor crime organization. This
kind of spying needs to be controlled strictly to prevent losing the contraband during the process.
The spy must be the one that is trusted and accepted to be a part of law-enforcement process

In Thailand, legal proceedings with authorized senders are not addressed in the provisions of any
laws. For most cases, the criminal procedure code and constitution permit confinement for up to
24 hours. However, if it is a special case, confinement is allowed for 3 days and the offender must
be sent to the court. Hence, if authorities commit an offense, they will not be defended by law

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enforcement. The aim of controlled delivery is to ensure that the authorities are able to find,
investigate, search and seize evidence. The technique used for the investigation is a special
technique to trackinvestors, manipulators and other offenders. This might take time longer than
the law provided. If it is drug trafficking to other countries or the networkof transitional drug
dealing, the investigation might take longer than the law provided and contrary to human rights
under the constitution. Nevertheless, to use the measure is necessary and also the path for
investigation. Collecting evidence will be an advantage for gaining reliability and validity. In
addition, an attorney can acknowledge the facts about the case, which makes the trial fast and
equitable. In conclusion, controlled delivery measures are an exception to common legal
protections under the constitution.

(iii) Possession by offenders When there is a seizure, making the offender help the authority send
the controlled delivery must be approved. If there is no approval, the evidence will be considered
unlawful due to forcing.

2. Undercover Operations

Undercover operations may be used where it is possible for a law enforcement agent or other
persons toinfiltrate a criminal organization to gather evidence. Undercover operations should only
be carried out by well-managed and properly trained staff. However, this technique is dangerous
and is always the last choice of investigation. To do this technique needs to be carried out
carefully and with the permission of the court or a person in authority.

 Undercover operations avoid detection by the entity the person is observing, especially by
 disguising that personʼs identity or using an assumed identity for the purposes of
 gaining the trust of an individual ororganization to learn or
 confirm confidential information or to
 gain the trust of targeted individuals in order to
 gather information or evidence.
 The person to go undercover probably could be an authority but sometimes another person
under the supervision of the authority.
 The assigned person needs to keep the mission confidential and keep hiding.
 For example, an undercover agent is an efficient technique and needs to be used to
interfere and gather information on organized crime.
 The agents need to disguise
 hide their personal information such as name, address, status and occupation.
 They might need to gather information that might be helpful from citizens.
 Even if it is a very effective technique, it is always the last option due to its danger
to the agents and probably reveals the agentsʼ status.
 Moreover, undercover operations probably could havebeen requested by the organized
crime group to commit offensesor illegal deeds, such as offenses against property,
taking drugs and murders, to prove the new memberʼs loyalty to their organization.
 So that undercover operation needs be carried out by well-managed and properly
trained staff.
 Undercover operations involve a technique in which a person disguises his or her identity
 for the purposes of gaining the trust of a networkor an organization

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 to be able to enter its residence in order to gather the information or evidence which
is stated below.

(i) Acknowledgement of information from duty

 An undercover agent assigned to do a taskin a crime organization or networkhas a different

duty because the duty is divided clearly.
 No one can do the duty for someone else.
 This is the acknowledgement of oneʼs own information from duty.

(ii) Acknowledgement of information from investigation

 Acknowledgement of information from investigation in an under undercover operation

 uses special investigation tools to gain concealed information from the crime organization.
 However, undercover operations affect a suspectʼs rights,
 so the legality of the technique has been considered, including how far it can go before it
violates the suspectʼs rights.
 It is also important to avoid entrapment.
Each country has enacted conditions and rules differently.
 For instance, the United States of America provides that it must be an illegal incident.
 To avoid entrapment, the undercover operation must not encourage the suspect to
engage in a drug crime that he or she was not predisposed to commit.
 Thus, law enforcement officers must collect sufficient evidence to prove the suspect
has committed drug crimes before the undercover operation started. Such evidence
includes the suspectʼs conduct or prior convictions related to drug crimes. In Japan,
there is a condition that undercover operations need permission with legality. The
operation rules must relate to benefits, regulations, and ethics. Nevertheless, the crime
operation always associates with other states in the same region. To succeed in
undercover operation needs international cooperation. The practice of undercover
operation for police officers at the present (Omaracerid Wattanavipul, Document of

 The Practice of Undercover Operation for Police Officers under Law, Drugs
Investigation by Undercover Operation under supervision, B.E.2551) takes place in
many ways, as follows:

(i.) Undercover

Undercover is to disguise oneʼs identity in a crime organization to gather evidence and

roles within the organization. Sometimes, there is an authority involved with the offense. For
example, an authority has a person do the operation under the authorityʼs supervision.

 That person must keep it secret and disguise himor herself as a Co-operating
Individual, or CI, but as another personʼs identity in public.
 Also, an informant gives information about the crime activity by getting involved or
associating with the activity.
 Reliability and trust are important for getting this person as a witness.

(ii) Document concealment

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 If the target has influence in its area, they might have the policemen or the authorities
check ID cards or any documents from the undercover agent.
 This could probably obstruct the operation or put the agent in danger.
 Thus, holding a fake ID card can decrease the targetʼs suspicion. The responsible
government sector can help in this process.

(iii) Vehicle concealment

 Mostly, criminals or targets who already committed an offense would be very cautious.
 The vehicle following after them or nearby their house will be suspected the most.
 Vehicles used for investigation might be in varied forms, such as a company car,
public transport, etc.

(iv) Place concealment

 An observation post is another special investigative technique.

 If the target has its location in an impossible area to monitor, there is a need to move
into a house or a building for observation.
 Somehow, it might set up a junkshop to get in touch with the target because this kind
of shop is where to buy stolen property.
 In the case of narcotics, the authority might establish a store for selling pharmaceutical
production tools.

(v) Situation concealment

 Situation concealment is needed when the target is experienced in the landscape or the
area is hard to approach.
 Using too many authorities in the investigation might cause the mission to fail so there
is a situation simulation,
 for instance, setting up a Buddhist fundraising by the agent disguised as a villager
in the targetʼs area to gather information.

(vi) Occupation concealment

 In some situations, undercover or impersonation is not enough to gain information.

 The occupation concealment can help much more and reduce the targetʼs suspicion.
 Sometimes, it takes time to collect evidence.
 For example, a contractor is running his own company but gathering information
about collusion in bids at the same time. If there is bid rigging, the agent can probably
find the leader.

(vii) Information concealment

 Some investigations require information concealment.

 The arrests in the case may cause damage to the offender
 such as paying a penalty or having their business shut down (illicit CD factories,
entertainment places that are open over time or arranging drug parties, or drug
factories).

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 These offenders may have strategies to follow the movement of officials such as getting
to know some relevant officers and having monthly benefits delivered to the officers.
This causes the arrest to fail because the offenders are aware of the arrest in advance,
or even set the scene for the officers. So the arrest process needs to be concealed
by informing them to go to another location instead. Then, they are
suddenly ordered to search and arrest the target.

(a) Using spies as witnesses in drug cases

Spies are divided into two types.

 Created spies

This type of spy may be someone who is in the drug industry. In a criminal organization,
usually, they are the ones we call ʻlittle menʼ. These people are responsible for handling small
jobs in the criminal organization. This type of spy can give information but requires some benefit
in return, such as money or other advantages.

 Offered spies

This type of spy offers to give information themselves; mostly they are involved in the
criminal group. But this type of spy needs different benefits, such as requiring the police to
remove their data from the profile, wanting to quit, betraying the group, or money. There are lots
of strategies and techniques in the spy process such as watching and tracking following the
information from the information files that are systematically made, or wiretapping using high
technology gadgets, or financial flow monitoring, including disguise or infiltrating the criminal
organization.

3. Electronic Surveillance

For example, wiretapping, or intercepting communications, can be done in accordance

with legal requirements. This is to protect the freedom of the individual and without interference.
Why use spies in drug cases? Because drug crime is different from other crimes. First, the circle of
drug offenses is wide. Each step in the process may, or may not, be offensive. For example, there
are some important steps in the process of dealing with offenses of exporting drugs.

i. Negotiating with foreign traders

ii. If there is a law of conspiracy in that country, this action is a conspiracy offense.

iii. Negotiating between local traders and minority trade networks

iv. This action is a conspiracy offense.

v. Preparing and delivering drugs

At this stage, the supplier may be guilty of possession or guilty of possession for sale or even
guilty of distribution

c. DRUG INTELLIGENCE AND INVESTIGATION;

Drug Investigative Process

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Roles in PDEA

Philippine Drug Enforcement Agency - (PDEA)

(Filipino: Kagawaran ng Pilipinas Laban sa Droga) - is the lead anti-drugs law enforcement
agency, responsible for preventing, instigating and combating any dangerous drugs, controlled
precursors and essential chemicals within the Philippines.

The agency is tasked with the enforcement of the penal and regulatory provisions of Republic Act
No. 9165, otherwise known as the Comprehensive Dangerous Drug Act of 2002

PDEA is under the supervision of the Office of the President. PDEA is the implementing arm of
the Dangerous Drug Board (DDB).

The DDB is the policy-making and strategy-formulating body in the planning and formulation of
policies and programs on drug prevention and control.
PDEA and DDB are both under the supervision of the Office of the President.

Drug investigation in the Philippines is under the concern of the Philippine Drug Enforcement
Agency (PDEA) being newly created and organized. The agency has one among its powers and
functions the initiation of all investigation proceedings concerning drug cases, absorbing all drug
enforcement units of the other governmental agencies like the National Bureau of Investigation,
the Philippine National Police, the Bureau of Customs and other agencies and bureaus with drug
investigation divisions.

As mandated by law and here quoted, the PDEA shall "create and maintain an efficient special
enforcement unit to conduct an investigation and file charges and transmit evidence to the proper
court". Proper handling of drug evidence is necessary to obtain the maximum possible
information upon which scientific examination shall be based, and to prevent exclusion as
evidence in court. Drug specimens, that truly represent the material found at the scene, unaltered,
unspoiled or otherwise unchanged in handling, will provide more and better information upon
examination. Legal requirements make it necessary to account for all physical pieces of evidence
from the time it is collected until it is presented in court. With these, the following principles
should be observed in handling all types of evidence in narcotic investigation:

1. The evidence should reach the laboratory as mush as possible in same condition as when it is
found.

2. The quantity of specimen should be adequate. Even with the best equipment available, good
results cannot be obtained from insufficient specimens.

3. Submit a known or standard specimen for comparison purpose.

4. Keep each specimen separate from others so there will be no intermingling or mixing of known
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and unknown material. Wrap and seal in individual packages when

necessary.

Mark or label each piece of evidence must be maintained. Account for evidence from the time it
is collected until it is produced in court. Any break in this chain of custody may make the
material inadmissible as evidence in court.

Generally, the recognition, search, collection, handling. preservation and documentation of

evidence in narcotic investigation rest upon the quality of people involved in the activity which
they follow certain guidelines for investigative success. Below is an illustration of a basic
procedure in narcotic investigation focused in the crime scene:

Vice and Drug Education and Control

Receipt/Report
Complaint

i. First Responder
ii. Security and Protection
iii. Cordoning
iv. From this point
v.Conduct of Crime Scene Investigation
vi. Preparation
vii. Approach
viii. Preliminary
ix. Evaluation of Physical evidence
x.Documentation of crime Scene
xi. Preparation of Narrative Description
xii. Crime Scene Search
xiii. Collection of Physical Evidence
xiv. Final Survey & Release of crime Scene

The illustration shows a general process in the crime scene investigation involving any crime
which is narcotic investigators can scene processing. fundamentally base on a scientific
crimereceipt or report of a crime, the desk officer shall record the date and time the report/
complaint was made, identify In the flow of the investigation, it shows that upon persons who
made the report, place of incident and a synopsis of the incident then inform his superior or duty
officer regarding the report.

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The first responders will properly preserve the crime scene. The security and protection of the
crime scene to get maximum scientific information that will help successful get prosecution of
perpetrators. Then the formal investigation maybe conducted.

Procedure at the Crime Scene

1. Upon Arrival at the Crime Scene

a. Record time/date of arrival at the crime scene, location of the scene, condition of the weather,
condition and type of lighting direction of wind and visibility.

b. Secure the crime scene by installing the crime scene tape or rope (police line)

c. Before touching or moving any object at the crime. scene determine first the status of the
victim, whether he is still alive or already dead. If the victim is alive the investigator should exert
effort to gather information from the victim himself regarding the circumstances of the crime,
while a member of the team or someone must call an ambulance from the nearest hospital. After
the victim is remove and brought to the hospital for medical attention, measure, sketch, and
photograph.

d. Designate a member of the team or summon other policemen or responsible persons to stand
watch and secure the scene, and permit only those authorized person to enter the same.

e. and retain for questioning the person who firs notified the police, and other possible witnesses.

2. Recording

The investigator begins the process of recording pertinent facts and derails of the investigation the
moment he arrives at the crime scene. (He should record the time when he was initially notified
prior to his arrival). He als writes down the identification of person involved and what he initially
saw. He also draws a basic sketch of the crime scene to preserve physical evidence in the
state in it was recovered until it is released to the evidence custodian.

Releasing the Scene - The scene is not released until all processing has been completed. The
release should be effected at the earliest practicable time, particularly when an activity has been
closed or its operations curtailed.

3. Pointers to Consider in Sketching the Crime Scene

1.To establish admissibility, the investigator must have had personal observation of the data
in question. In other words, the sketch must be sponsored or verified.
2.Sketches are not a substitute for notes or photos; they are but a supplement to them.
3.Write down all measurements.
4.Fill in all the detail on your at the scene. Final sketch may be prepared at the office.
5.Keep the rough sketch even when you have completedthe final sketch.
6.Indicate the North direction with an arrow.
7.Draw the final sketch to scale.
8.Indicate the place in the sketch as well as the person who drew it. Use the KEY - capital
letters of the alphabet for listing down more or less normal parts of accessories of the
place, and numbers for items of evidence
9.Indicate the position, location and relationship of objects.
10. Methods or systems of locating points (objects) on sketch
11. Critical measurements, such as skid marks, should be checked by two (2)
investigators.
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12. Measurements should be in harmony; or in centimeters, inches, yards, meters,
mixed in one sketch.
13. Use standard symbols in the sketch.
14. Show which way doors swing,
15. Show with arrow the direction of stairways. 16. Recheck the sketch for clarity,
accuracy, scale, and title key.

4. The Role of SOCO in Narcotic Investigation

A number of crime incident committed in the country are unsolved and/or dismissed by trial
courts because of insufficiency of evidence. In cases of narcotic investigation, it is important that
pieces of drug evidence that will provide clue on the suspects/offenders identities can be found in
the crime scene. However, those vital evidence in the crime scene are either left in the crime
scene are critical in the prosecution on the case in court with the advent of new technologies, they
could be analyzed scientifically for these purpose. The recovery of physical evidence during
investigation of crime scene is the most important task of current law enforcement. In most cases,
the material items of evidence and descriptive information collected from the scene of the crime
make a big difference in the success and failure of cases in court.

The capability of the Crime Laboratory to provide scientific interpretation and information
depends on the recognition, recovery and documentation of the evidence in the crime scene. Field
investigators work as part of the forensic team as that of laboratory technician. If evidence
collected in the crime scene is not properly accomplished, the work of the crime laboratory is
impeded and even negated. The recovery of physical evidence during investigation of crime scene
is the most important task of current law enforcement. In most cases, the material items of
evidence and descriptive information collected from the scene of the crime make a big difference
in the success and failure of cases in court. Past experience shows that a well-trained team,
coordinated and properly equipped, can be of great advantage in effectively and efficiently
recovering evidences Personal knowledge and instinctive actions or institutions are of great help
in the solution of the criminal and drug related cases. However there is no substitute for the
adoption and practice of scientific investigation. The idea of enhancing SOCO in narcotic
investigation is to assist drug investigators in terms of scientific approach in investigating
criminal cases, specifically heinous ones.

d. RAID,

 A raid is a surprise invasion of a building or area.

 It is a small scale attack of limited territory.
 A raid must be legal, having its basis in lawful process and conducted in a legal manner.
This will be in the form of a search warrant or warrant of arrest.
 The raid may be in pursuit of a person reasonably believed to be guilty of felony and when it
is known that the felony has just been committed.

What is the purpose of a raid?

 Effect an apprehension
 Obtain evidence of illegal activity by surprising the offenders in flagrante delicto
 Recover stolen property

Composition of a Raid Team

Roxas 2008 asserts that the raid team shall be composed of the following:
1. Raid commander
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2. Assistant raid commander
3. Going-in detail or entering party
4. Covering party or surrounding party
5. In charge of raiding vehicle
6. In charge of inoperative in subjects’ vehicle
7. Recorder who should keep log of the raid, gather evidence, make inventories and testify in
court.
8. Photographer

Duties of covering or surrounding party

1. Covers the approach of going in or entering party
2. Prevent the escape of criminals
3. Covers the entire area of the building

Duties of Going in detail

1. Call for surrender for criminal
2. Effect arrest for criminal
3. Incapacitates and dislodge criminal
4. Search pieces of evidence

Coordination with the Local Station Commander

 It is imperative that immediately before the service of a search warrant, the team leader
should see to it that proper coordination is made with the commander of local police station
having jurisdiction over the target premises.

 The coordinating party will inform the local station that their team is conducting an
operation in their area.

 This gesture of coordination is not only a manifestation of courtesy but also a safety measure
to avoid the possibility of a mistake encounter.

BASIC REQUIREMENT IN THE CONDUCT OF RAID

Generally, all police operations (arrest, raid, search and seizure, checkpoint, etc.) shall be
conducted:
1.With a marked police vehicle;
2.Preferably led by a Commissioned Officer;
3.With personnel in proper police uniform (Rule 3, PNP Operational Procedures)
4.Exception to this rule is when using a marked police vehicle will jeopardize the safety of the
raiding team and will greatly affect the success of the operation.

Disposition of Seized Items

The following will be seized at the scene of the raid:
a. Weapons which may be used against the raiding party.
b. Articles which might be used as a means of suicide.
c. Articles which might be used in escaping.
d. Articles which might be used in the commission of the crime.
e. Proceeds or fruits of the crime (stolen property).
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Disposition of money and other valuable property
 Money should be counted and the serial numbers of the bills noted; Valuables should be
sealed in a property envelope in the presence of the owner;
 Property envelope should show a complete inventory of its contents;
 The owner should initial the outside of the envelope showing approval of its contents;
 Raiding officers should sign their names on the outer part of the envelope; and

Disposition of articles not covered in a search warrant

a. If the articles are illicit or contraband, the same must be seized.
b. Such articles may be used as evidence to prosecute the person.
c. Non-contraband articles must be returned to the owners or must not be seized in the first
place.

Don’ts in Raid
1. Don’t underestimate the ability or courage of the subject(s).
2. Don’t raid when not properly prepared.
3. Don’t endanger the lives of bystanders.
4. Don’t use police personnel who are not well-acquainted with each other.
5. Don’t forget gas masks when employing teargas.
6. Don’t be unnecessarily violent on the subject(s).
7. Don’t shoot unless very imperative.
8. Don’t touch the evidence unless seen by witness

e. BUY-BUST OPERATION,

RULE III- SPECIFIC RULES AND PROCEDURES – This rule covers the procedures

in any planned or unplanned anti-illegal drug operation and investigation:

I – PLANNED OPERATIONS

Section 19. Buy-Bust Operation- All warrantless arrest, search, and seizures to be undertaken by
PNP member/anti-drug units shall be in accordance with Section

5, paragraphs (a) and (b), Rule 113, Section 13, Rule 126 of the Rules of Court, respectively and
relevant Supreme Court Decisions.

A- PRIOR TO BUY-BUST

a. The Team Leader shall see to it that prior reports have been submitted which may include but
not limited to the following classified reports:

1. Summary of Information of the target/s

2. Special Reports

3. Surveillance Report

4. Contact meeting report

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5. Development report

b. If necessary, a test buy may first be conducted. If there’s 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.

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. 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 prosecutor’s office.

6. Seizing/Inventory Officer – a police officer who is designated to seize and inventory the
evidence from arrested suspects/s.

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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.

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.)

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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 prosecutor’s 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

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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 prosecutor’s
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 by the Inquest Prosecutor/MTC Judge,
Booking Sheet and Medical Examination Certificate of the suspect.

(Note: The case must be filed within the reglementary period prescribed under Article 125 of
the Revised Penal Code as amended, wherein it provides for 12 hours for Light Offenses, 18
hours for Less Grave, and 36 hours for Grave Offense).

d. Thereafter, the Investigator-On-Case shall submit After-Inquest Report to the chief of the
office and furnish the PDEA a copy of the case folder and shall regularly update the latter
with the status of the case.

e. The Investigator-On-Case and the arresting officers respectively shall maintain a Case
Tracking/Monitoring System or Record of the Case and shall inform in writing his
immediate officer and the higher office if the case is dismissed or the suspect/s is released
for further investigation by the prosecutor.

f. The Chief of Office shall ensure that all police witnesses shall religiously attend and testify
in court during the trial and shall require them to secure a Certificate of Appearance from
the Court and to submit After Court-Duty Report.

Section 20. Search and Seizure by virtue of Warrant - the following rules and procedure shall
govern the responsibility of anti-drug units in the application and implementation of a search
warrant.

Procedures in Anti-Drug Operation and Investigation

The Buy Bust Operation

A "buy-bust operation" is an undercover operation carried undercover operation is one that

involves secret work within a ut by narcotics detectives to catch unsuspecting drug dealers. An
Community or institution. To carry out a buy-bust operation, the first step is to buy a sample
substance. This is done to determine whether the substance being sold is a dangerous drug. Once
the sample is Procured by undercover agents, it is immediately submitted to the Crime Lab for
analysis.

Entrapment Operation

Entrapment charges often result from vice crimes, such as those involving gambling, prostitution,
and/or drugs. Law enforcement officers have the right to pose as gambling bookies, prostitutes,
drug dealers, or other professional criminals to carry out the operation. Such agents are not
obliged to reveal their true identities or legal affiliation when asked.

If an undercover officer presents drugs to a potential buyer, for example, this is not considered an
entrapment. Instead, the buyer of those drugs commits a crime only when the deal is made, and
not during the initial contact with the undercover officer.

Legally speaking, however, entrapment operations in drug cases occur when a police officer or
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other government agent deceives a person into committing a crime that he or she had no intention
of committing. In many jurisdictions, if a court determines that the charges made against the
defendant are based on entrapment, he or she cannot be convicted of the crime. Therefore,
criminal defense lawyers may claim police entrapment as part of their strategy. Indeed, the laws
against this type of behavior by authorized agents are designed to prevent law enforcement
agencies from coercing a citizen into committing a crime and then arresting him or her for the act
"committed" ("What is Entrapment?", n.d.).

Team Composition

The composition of the team that will carry out the entrapment may vary depending of the number
of personnel in the team. The team leader also chooses members based on one's experience,
expertise, and aptitude with regards the operation to be carried out. Below is the ideal team
composition (Directorate for Investigation and Detective Management [DIDM], 2010).

1. Team Leader - This is a police officer, preferably a PCO, who is responsible for leading a
team in the conduct of case build- up, raid, arrest, and subsequent investigation, filing, and
monitoring of the case.
2. Assistant Team Leader (Optional) - This is a police officer who is responsible for assisting
to the Team Leader and for assuming all the responsibilities in the absence of the latter.
3. Poseur Buyer - This is a police officer who is tasked to pretend to be a civilian buyer of
dangerous drugs for the purpose of effecting the arrest of the offender.
4. Arresting Officer - This is a police officer who is responsible
5. for the apprehension of the suspect/s.
6. Investigator-On-Case-This is a police officer who is responsible in the investigation,
gathering of evidence and the preparation of documents for the purpose of initializing an
inquest or the direct filing of the case before the prosecutor's office.
7. Seizing/Inventory Officer - This is a police officer who is assigned to seize and inventory the
evidence from arrested suspects/s.
8. Back-up Security - This is a police officer who is tasked to provide security to the raiding
team, in order to prevent and control the entry and exit of all persons in the place of
operation.
9. Recorder - This is a police officer responsible for recording the events/incidents that
occurred during the anti-drug operation. Marked Money

The money to be used in the buy-bust operation should be duly marked or dusted with ultra-violet
powder by officers from the PNP Crime Laboratory. The marked money should be properly
photographed, reproduced and/or recorded so that the serial numbers and the person who released
the money can be tracked, along with the officer who received the same and delivered it to the
PNP Crime Laboratory for dusting. The officer receiving the money shall then issue a receipt for
the purpose.

Marked and turned over to the evidence custodian. It is also important All pieces of evidence are
documented, photographed, and properly to deliver the seized drug to the Crime Laboratory for
the issuance of the result that, in turn, will facilitate the inquest (DIDM, 2010).

f. ARREST,

ARREST—the term arrest came from Latin word “arrestare” which means “cause to stop “and
“restare” which means stay behind.

Arrest is the taking of a person into custody in order that he may be bound to answer for the
commission of an offense (Sec. 1 Rule 113, Rules of Court)
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Who may Execute Arrest or the warrant officer?
Among others, members of the PNP and the NBI may effect arrest.

Who may issue a Warrant of Arrest?

The general rule on who is authorized to issue the warrant of arrest is the judge of any competent
court in the Philippines.

How Arrest is made?

An arrest is made by actual restraint of person to be arrested or by his/her submission to the
custody of the person making the arrest. (Sec. 2, Rule of Court)

Two Modes of Arrest

1. Arrest by virtue of warrant
2. Arrest without a warrant under exceptional circumstances as may be provided by the statue
(Sec. 5, Rule 113, Rules of Court)

Duty of the Arresting Officer

As provided under Section 3 of rule 113, the arresting officer has two primary duties:
1. While arresting the accused/suspect, the arresting officer should inform the cause of arrest and
of the fact that a warrant had been issued to the arrested person;
2. Any police officer making a lawful arrest should take the person arrested without unnecessary
delay and deliver him/her to the nearest police station or jail.

In case of warrantless arrest, it is inherent duty of the arresting officer to detain the
person/respondent and file the proper information within the specified time as provided
under article 125 of RPC which has been amended by Executive Order No. 272 on July, 25
1987.

Take Note: it is not the physical delivery of the person that is required under the law. What is
legally required is filing the information against arrested person in the proper court where the
judge has the authority to issue an order of release of confinement.

Executive Order No. 272 amended Article 125 of the RPC (delay in the delivery of detained
persons to proper judicial authorities).
 It extended the period authorized to detain the person prior to delivery to the judicial
authority.
 The law requires a police officer to detain person for some legal ground and file the
appropriate information to the proper judicial authority within the following periods and
condition.

Time/Period Penalties
12 Hours -light penalties and their equivalent
18 Hours -Correctional penalties and their equivalent
36 Hours -Afflictive/capital penalties and their equivalent

Execution of Warrant of Arrest

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 The head of the office to whom the warrant of arrest delivered for execution shall cause the
warrant to be executed within 10 days from its receipt
 Within 10 days after the expiration of the period, the office it was assigned for execution
shall make a report the judge who issues the warrant.
 In case of failure to execute the warrant, he/she shall state the reasons therefor (Sec. 4, Rule
113, Rules of Court)

Even if not served within the statutory period of (10 days) a warrant of arrest remains valid. It
remains valid unless:
a. The warrant was recalled by the issuing court;
b. The respondent was already arrested;
c. The respondent voluntarily submitted himself/herself to the jurisdiction of the issuing court;
d. The respondent died

Note: A warrant of arrest has No Expiry Date. It remains valid until arrest is effected or warrant is
lifted.

PRINCIPLE OF ARREST
1. A warrant of arrest is enforceable only within the territory and the government or state
issuing the warrant.
2. In a warrantless arrest based on commission of a crime must have been committed with in the
territory of the government or state whose agents are carrying out of the arrest.
3. In arrest based on a warrant of arrest, it is not essential that the arresting officer has the
warrant in his possession at the time he carries out the arrest.

Procedure in Making the Legal Arrest

The actual arrest is usually made by an officer stating to a person “you are under arrest for …. The
person arrested should be told clearly-not a police jargon or legalese-the reason for the arrests.
Officers should always be on guard when making the arrest. As noted, people could react violently
to being arrested; even if individuals appear to be meek and incapable of violence.

The extent of authority of arresting officer are as follow;

1. Can employ necessary force to carry out the arrest
2. Can restrain the subject in order to take him/her into custody
3. Can deliver subject to jail
4. Can orally summon when persons as he/she deems necessary to aid him during the arrest
5. Can break into building or enclosure where subject is, or is reasonably believed to be, when
admittance is refused despite announcement of his/her authority and purpose and he is
incurring no liability fir Trespass to Dwelling because the purpose is to serve the ends of
justice.
6. Can break out the of the building or enclosure when necessary to liberate himself/herself
7. Can search arrested person for weapon or anything used, or constitute proof in the
commission of an offense.

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The use of force in making the arrest
If the person being arrested offers no resistance, no force should be used in making the arrest

Guidelines for use of force when making the arrest

1.No Resistance—use no force
2.Resistance—this must be used only as much as force as necessary to overcome the resistance.

g. SEARCH;

A – BEFORE THE APPLICATION FOR A SEARCH WARRANT

a. The Team Leader shall see to it that prior data/information have been acquired and
reduced into classified reports which may include but not limited to the
following, to wit:

1. Summary of Information

2. Contact Meeting Report

3. Surveillance/Casing Report

4. Development Report

b. Once the identity, movements, activities and location of the suspect/s are
established, a test-buy shall be undertaken, if necessary, or a sample may be
obtained from the suspect by an operating team to test the genuineness of the
dangerous drugs in the possession of the target personality.

c. In case a clandestine laboratory and chemical warehouse, samples of finished

product or controlled precursors and essential chemicals (CPECs) may be obtained
including photographs of the laboratory equipment and apparatus without
compromising the whole operation.

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.

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f. The application shall contain the following data:

1. Office applying for the Search Warrant

2. Name and signatures of applicant, deponent-witnesses and approving authority

3. Name of the subject/aliases

4. Nature of the offense

5. Exact Address of place to be searched

6. Specific statement of facts and items to be seized. If necessary, indicate specific

facts that would justify the service of the search warrant other than day time

7. Sketch and pictures of the place to be searched

8. Description or pictures of subject persons if available

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 theJudge, 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.

B- DURING THE SERVICE OF SEARCH WARRANT

a. A search warrant must be served by a team of the police unit concerned within ten (10) days
(otherwise it shall be void) from its issuance in the exact place as indicated. Before engaging
in any type of search and seizure operation, a review of the provisions of Rule 126 of The
Revised Rules of Criminal Procedure and PNP Operational Procedure shall be conducted.

b. Things or personal properties not specifically indicated or particularly described in the

search warrant shall not be taken unless illegal or prohibited per se.

c. Implementation or service of Search Warrant shall be under the supervision of either the
Team Leader, Chief of Office or Ground Commander as the case may be.

d. An Operating Team (SAF, RMG, PMG, SWAT, EOD, etc), regardless of its size, should
be organized with different taskings to ensure the successful conduct of anti-drug operations.
The following are the different taskings:

1. Supervisor – Acts as the Team Leader, Chief of Office or Ground Commander; ensures
the orderly and proper conduct of searches and seizures.

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2. Entry Team – To neutralize armed elements inside the target area and arrest any
suspect who may be found.

3. Searching and Investigating Team – Is composed of police officers tasked to perform

functions like Seizing, Inventory, Recording, Photograph-documenting, and
Investigating for the purpose of securing the crime scene, seize, confiscate, inventory,
record and photograph all evidence, items, and articles described in the search warrant
which may be found in the exact area of operation.

4. Perimeter/Security Team – The team usually employs the most number of personnel
especially in heavily populated areas. The team’s purpose is to seal the outer boundary
of the operational area and establish crowd control. With the outer boundary sealed off,
the possibility that the curious public will hinder officers participating in the service of
the warrant is reduced. Members of the perimeter team control onlookers who could
interfere with the operations and bystanders who might place themselves in danger. The
team should be ready to evacuate persons from the area and set-up additional crowd
control measures when require. The team 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

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and sampling of the specimens and identifies which pieces of evidence will be
brought to the laboratory for further analysis.

4) Evidence log recorder/custodian – records items processed in the site and takes
custody of pieces of evidence to be brought to the laboratory for examination.

5) Photographer – documents the macro and micro details of the laboratory using
camera and video cam.

6) Sketcher – takes sketches and records key measurements in the crime scene.

7) Fingerprint specialist – lifts fingerprints found in the crime scene.

8) Driver/Security – ensures no unauthorized or unnecessary access to the scene and

provides physical security to the SOCO elements and equipment.

(Note: Other teams may be added in the composition of the Operating Team
depending on the situation such as Medical, HAZMAT and Fire Fighting Teams)

e. All information regarding the proposed search and seizure operations should be
disseminated on a need-to-know basis. The operational plan for the search and seizure
operations should be kept among the immediate members of the team. The following should
be observed during the Pre-Search and Seizure Operations Briefing conducted on the day
of the implementation of SW:

1. The Team Leader shall conduct initial briefing and assign the different tasking to each
member without mentioning the identities of the subject and description and location of
the target place.

2. In cases where there are several units involved in the operation, the Ground Commander
should be designated and brief the team leaders. Sequentially, all the team leaders
should brief their own team members in detail as to their specific tasking. A command
post shall be established strategically for the purpose.

3. Prior entry assignments should be given enough consideration and explanation which
includes:

i. Custody and handling of evidence;

ii. Custody and handling of arrested suspects;

iii. Custody and handling of seized vehicles;

iv. Custody and Handling of minor suspects;

4. The final briefing should be conducted immediately prior to jump-off and as close as
possible to the time and target place where the SW will be implemented to protect the
confidentiality of the information. At this stage, a detailed description or identity of the
suspect/s, the exact target area shall be revealed to the team members. Team members
should know the nature of the drug evidence being sought as described in the SW to
help them determine where it may be hidden as well as the detailed description of the
vehicles used, supporters and the possible escape routes of the suspect/s

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B.2 – SEARCH PROCEDURE

a. The searching team and the required witnesses shall enter the premises and shall perform the
following:

1. Each subject of the SW/Occupant should be properly identified and frisked for weapons.
They shall at all times be present in the conduct of the search. Thereafter, they shall be
placed in a secured place.

2. In all cases, the search must be witnessed by the subject of the SW and in the presence
of at least two (2) responsible persons in the vicinity, preferably elected officials.

3. Only those personal properties particularly described in the search warrant shall be
seized, to wit:

i. Properties that are subject matter of the offense; (Dangerous drugs, Controlled
Precursors and Essential Chemicals (CPECs), Laboratory equipment, apparatus
and paraphernalia);

ii. Properties that are stolen or embezzled and other proceeds or fruits of the offense;

iii. Properties used or intended to be used in the commission of an offense;

iv. Properties or items/ objects which are illegal per se, e.g. firearms and explosives;
and

v. v. Those that may be used as proof of the commission of the offense. (Documents,
Bankbooks, titles, Certificate of registration, etc which can be used as evidence in
so far as the Anti Money Laundering Case is concerned)

a. If the premises to be searched have two (2) or more rooms or enclosures, each room or
enclosure must be searched one (1) at a time in the presence of the same witnesses. (The
subject of the SW and two (2) other witnesses preferably elected officials or responsible
individuals residing in the locality).

b. The photographer shall take photographs of the search made in the presence of the arrested
suspects and the witnesses.

c. Thereafter, the photographer shall take photographs of the actual physical inventory and the
markings of the items or articles seized in the presence of the arrested suspect/s and the
representative from the Department of Justice, Media and any elected officials as required
under Section 21, RA 9165.

d. 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 and must be given a copy of the receipt of seized
items/property. If the suspect or occupant of the premises refuses to sign the documents,
his/her refusal therein must be indicated. (Refer to Annexed format documents).

B.3 – INVENTORY OF SEIZED ITEMS

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a. The seizing officer shall immediately take possession of all items or articles seized as
evidence or taken into custody for proper disposition

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 officer’s 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

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.

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.
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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).

h. RIGHTS OF PERSONS;

Section 17. Observance of the Constitutional Rights of the Suspect/Accused – All PNP
member/Anti-Illegal Drug Units before making any arrest, detention, and investigation
shall appraise the suspect/s or accused of their constitutional rights, with emphasis on their
rights to remain silent and to counsel as required by R.A. 7438 and Rule 113 of the Rules
of Court.

Section 18. Prohibition to PNP member – No PNP member shall be allowed to conduct
a. planned anti-illegal drug operation unless he is a member of an authorized anti-drug
unit.

i. CHAIN OF CUSTODY OF SEIZED DRUGS;

a. The seizing officer must preserve the integrity and evidentiary value of the evidence.

b. The number of persons handling the drug evidence from the time it

c. 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.

d. 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.

e. 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.

j. EVIDENCE REQUIRED IN THE FILING AND

SUCCESSFUL PROSECUTION OF ILLEGAL DRUG-RELATED VIOLATIONS;

C.1 - CASE REFERRAL

a. The Investigator-On-Case shall prepare the case referral for inquest proceeding before the
Prosecutor’s Office with the following attachments:

1. Copy of the Search Warrant

2. Copy of the prior coordination form to PDEA (as far as practicable)

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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 Prosecutor’s Office for appropriate legal action 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 request for and results of the Laboratory on the Drugs.

9. Photographs of the evidence seized

10. Copy of the Affidavit of Seizing Officer

11. Affidavit of other witnesses, if any

12. Surveillance Report

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13. Cartographic Sketches/Descriptions of suspect/s if any,

14. Others that may be submitted later

C. 2 - AFTER THE FILING OF THE CASE

a. The applicant shall make a return of the search warrant to the issuing court after the filing of
the case.

b. The Investigator-On-Case shall submit an after inquest report or progress report to the chief
of office.

c. The Investigator-On-Case shall furnish PDEA of the copy of the case folder with complete
attachment.

d. The operating unit shall regularly update the PNP-AIDSOTF, DO and PDEA with the status
of the case.

e. The Investigator-On-Case and the arresting officers respectively shall maintain a case
tracking/monitoring system or record of the case and shall inform in writing his immediate
officer and the higher office if the case is dismissed or the suspect/s is released for further
investigation by the prosecutor.

f. The Chief of Office shall ensure that all police witnesses shall religiously attend and testify
in court during the trial and shall require them to submit after court-duty report

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