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Background:

Illicit Drug, Trafficking and use continue to be the huge obstacle to sustainable development of a
country.

Violence remains one of the most apparent impacts of illegal drugs. Drug Realted crime continue to
proliferate, not only inlicting injuries and deaths but also affects the society.

Corruption of public officials and breakdown of social institutuion are also threats posed by illegal drugs.

The power of drugs to influence not only the prsent but also the future. Drugs target the youth in their
most productive years.

Undoubtedly, the war on drugs require a concerted effort from all agencies of the government. Civil
society or the community, as the cornerstone of development, plays a big role inthe anti-drug fight.

Why the community?

The community produces our law enforcers (policemen, traffic enforcers, NBI agents, PDEA agents, COA
auditors, Ombudsman fact-finding investigators, etc.); prosecutors (DOJ and Ombudsman
prosecutors/investigators); judges (Municipal Trial Courts, Regional Trial Courts and Sharia Courts);
justices (Sandiganbayan, Court of Tax Appeals and the Supreme Court); and correction officials and
personnel (municipal jails, provincial jails, city jails, the Bureau of Corrections [Muntinlupa] and other
correctional facilities).

A rotten community will always produce rotten law enforcers, prosecutors, judges, justices and
correction officials. The spring cannot rise above its source.

Members of the community are also the victims of crimes, direct or indirect. They are also the
beneficiaries of an efficient and effective criminal justice system in the form of a peaceful and fear-free
environment.

The community is also the greatest source of information about the commission of a crime. It is from the
community that most witnesses come, including victims.

Policy of the goverment


Section , RA No. 9165 (AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002)

XXX

the government shall pursue an intensive and unrelenting campaign against the trafficking and use of
dangerous drugs and other similar substances through an integrated system of planning,
implementation and enforcement of anti-drug abuse policies, programs, and projects. XXX

It is further declared the policy of the State to provide effective mechanisms or measures to re-integrate
into society individuals who have fallen victims to drug abuse or dangerous drug dependence through
sustainable programs of treatment and rehabilitation.

XXX

Programs of the Government

RA No. 9165 or the Act INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002,
mandates the Dangerous Drugs Board to develop and adopt a comprehensive, integrated , unified and
balanced national drug abuse preservation and control strategy. Thus, the DDB being the primary police
making body in drug prevention and control.

A. Intervention and Prevention Program

1. Example: Issuance of Dangerous Drugs Board Regulation No. 3 Series of 2017 STRENGTHENING
THE IMPLEMENTATION OF BARANGAY DRUG CLEARING PROGRAM
2. Participation of LGUs ( DILG, LGUs)

Section 51. Local Government Units' Assistance. – Local government units shall appropriate a
substantial portion of their respective annual budgets to assist in or enhance the enforcement
of this Act giving priority to preventive or educational programs and the rehabilitation or
treatment of drug dependents.

Section 52. Abatement of Drug Related Public Nuisances. – Any place or premises which have
been used on two or more occasions as the site of the unlawful sale or delivery of dangerous
drugs may be declared to be a public nuisance, and such nuisance may be abated, pursuant to
the following procedures:

(1) Any city or municipality may, by ordinance, create an administrative board to hear
complaints regarding the nuisances;
(2) any employee, officer, or resident of the city or municipality may bring a complaint before
the Board after giving not less than three (3) days written notice of such complaint to the owner
of the place or premises at his/her last known address; and

(3) After hearing in which the Board may consider any evidence, including evidence of the
general reputation of the place or premises, and at which the owner of the premises shall have
an opportunity to present evidence in his/her defense, the Board may declare the place or
premises to be a public nuisance.

3. Program for Treatment and Rehabilitation of Drug Dependents ( DDB, DOH, DSWD , Courts)
4. Promotion of a National Drug-Free Workplace Program With the Participation of Private and
Labor Sectors and the Department of Labor and Employment (DOLE)
5. Participation of the Private and Labor Sectors in the Enforcement of this Act
6. Dangerous Drugs Test and Record Requirements ( DOH, Civil Service and other Government
Agencies/Offices)
7. Participation of the Family, Students, Teachers and School Authorities in the Enforcement of this
Act ( DEPED, CHED)

B. Community Involvement Program

1. MASA MASID Program of the DILG


2. Barangay Drug Clearing Program ( DDB, PDEA, PNP, DOH, LGU, DILG)

C. Law Enforcement Programs (PDEA, PNP, NBI, Bureau of Customs)

1. Conducts of Buy-Bust Operations


2. Implementation of Search Warrants
3. Arrest of Suspected Drug Personalities either thru Warrant of Arrest or Warrantless Arrest
4. Filing of Criminal Cases
5. Anti-Smuggling Operation by Bureau of Customs
6. Oplan Tokhang by PNP ( Note: New Guidelines and Parameters of Oplan Tokhang)

COMMON ILLEGAL DRUG ACTIVITIES

Sale (Drug Pushing) Transportation, Section 5, RA No. 9165


Maintenance of Drug Den, Dive or Resort, Section 6, RA No. 9165

Employees and Visitors of Drug Den, Dive or Resort, Section 7, RA No. 9165

Possession of Dangerous Drugs, Section 11, RA No. 9165

Possession of Drug Paraphernalia, Section 12, RA No. 9165

Use of Dangerous Drugs, Section 15, RA No. 9165

Cultivation or Culture of Plants Classified as Dangerous Drugs, Section 16, RA No. 9165

Attempt or Conspiracy ( Sale, Maitenance of Drug Den, Cultivation or Culture of Plants ) Section 26, RA
No. 9165

PNPs OPLAN TOKHANG AND ITS GUIDELINES AND PARAMETERS

Oplan Tokhang is the visitation to the alleged drug personalities in order to persuade them to stop
with their illegal drugs activities and submit themselves to the government for their recovery.

Police personnel who will implement Tokhang are called “tokhangers.” They were chosen by each
police chief to ensure that scalawags are kept out of the operations. The “tokhangers” underwent
orientation and re-training which includes exercises and role playing to ensure they know what to do on
the ground. Each tokhang team will have four members led by a deputy chief of police. They should be
in complete uniform. During the conduct of tokhang, each team should be accompanied by at least one
member of the barangay, municipality or city anti-drug abuse council (ADACs),

one representative from the PNP human-rights affairs office or any human rights advocate
and at least one from the church/religious sector,

members of the media or other prominent personalities in the area.

The police chief will also coordinate with the Philippine Drug Enforcement Agency, ADACs and other
stakeholders for the conduct of the Oplan Tokhang in their areas of responsibility.

During Tokhang Oplan Tokhang is conducted only from Monday to Friday, 8 a.m. to 5 p.m.

Under the guidelines, teams will visit only the houses of personalities listed on the drugs watchlist.

The teams will be allowed to talk only with the house owners or drug personalities themselves outside
the residence unless they are invited into the house.

Those on the watchlist are not required to sign any document.

If they express an intention to surrender, they will be instructed to proceed to the nearest barangay hall
or police station, depending on their choice, along with their relative.

the surrenderee will be asked to fill out and sign biographical profile form or any other related
documents but taking of photographs including mugshots and other documentation process such as
fingerprinting should be voluntarily and not mandatory.

The PNP or the ADACs may also facilitate the enrolment of the surrenderee should they wish to
undergo rehabilitation.

“If the subject personality refused to surrender or is hostile, do not engage him/her, instead endorse to
the Drug Enforcement Units (DEUs) for the conduct of police operation including case build-up and
negation,”

. Watchlist The PNP has assured that the names on the drugs watchlist were carefully validated by the
Directorate for Intelligence (DI).

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