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Any member of a law enforcement agency or any other government official and employee who, 56% because of the failure of the police authorities to observe proper
after due notice, fails to refuses intentionally or negligently, to appear as a witness for the procedure under the law, among others. A recent international study
prosecution in any proceedings, involving violations of this Act, without any valid reason, shall be conducted in 2008 showed that out of 13, 667 drug cases filed from 2003
punished with imprisonment of not less than twelve (12) years and one (1) day to twenty (20) years
to 2007, only 4, 790 led to convictions (most of which were cases of
and a fine of not less than Five hundred thousand pesos (P500,000.00), in addition to the
administrative liability he/she may be meted out by his/her immediate superior and/or appropriate
simple possession); the charges against the rest were dismissed or the
body. accused were acquitted. (People vs. Garcia, G.R. No. 173480)
The immediate superior of the member of the law enforcement agency or any other government Furthermore, the Court is cognizant of the campaign of the police
employee mentioned in the preceding paragraph shall be penalized with imprisonment of not less and other drug enforcement agencies against the growing drug menace in
than two (2) months and one (1) day but not more than six (6) years and a fine of not less than Ten
the country. Unfortunately, their best efforts, particularly successful
thousand pesos (P10,000.00) and in addition, perpetual absolute disqualification from public office
if despite due notice to them and to the witnesses concerned, the former does not exert reasonable honest-to-goodness buy-bust operations, sometimes still end up in the
effort to present the latter in court. acquittal of illegal drug manufacturers, distributors, pushers and/or
lesser players, even when nabbed in flagrante, simply because drug
Paragraph 1 & 2, Section 91, RA 9165 enforcement operatives tend to compromise the integrity and evidentiary
worth of the seized illegal items. This aberration is oftentimes in turn
attributable to the unfamiliarity of police operatives of extant rules and
procedures governing the custody, control, and handling of seized drugs.
Introduction (People vs. Cervantes, G.R. No. 181494)
This handbook shall serve as a guide for law enforcers and all
persons concerned in the proper implementation of the rules and
The drug problem in the Philippines is quite alarming. In the status procedures laid down in the Comprehensive Drugs Act or RA 9165,
quo, the enforcement of anti-drug laws has not yet reached its optimum including its guiding jurisprudence. This is an effort to recognize and
level. Despite being a widespread predicament, a drug free country is address the technical lapses in police procedure like the preservation of
always a thrust by the government. This will be achieved through strict the integrity and evidentiary value of the evidence seized. Likewise, it is a
implementation of policies, stricter enforcement, and a more thorough deterrent to the current situation that non-compliance with the law tends
prosecution. This is where the role of law enforcers comes in. Police to be fatal to the prosecution of drug-related cases. Therefore, as early as at
officers serve as the first line of defense that is very relevant as a means to the stage of busting operations, the technicalities of the law would be
minimizing offenses involving illegal drugs in the country. strictly adhered upon so efforts in combating the crime will not be put to
waste.
The Comprehensive Drugs Act or RA 9165, an amendment to the Oo0oO
Dangerous Drugs Act of 1972, increases the penalties for drug-related
offenses. It saw the need to protect the citizens, especially the youth, to
create a safe, peaceful and harmonious society; and to reintegrate all
offenders back to the society.
CHAPTER 1 2. Photographed, reproduced by photocopying, and the
following should also be recorded:
- The serial number
Overview of Police Procedures - The person/officer who released the money
- The person/officer who received the money
- The person/officer who delivered the money to
I. Buy-Bust Operation the PNP Crime Lab for dusting. This officer
- Is an entrapment technique employed by a peace officer
should also issue a receipt that he received the
as an effective way of apprehending a criminal in the act
money.
of the commission of the offense.
Step 3: Coordinate with the police units with jurisdiction and
GUIDELINES ON THE PROPER PROCEDURE DURING BUY- PDEA as far as practicable.
BUST OPERATIONS
“As far as practicable” as being used in Section 86, IRR, RA 9165
A. BEFORE THE OPERATION - Prior coordination with the PDEA may be done, practiced
or accomplished and which is feasible and possible to be
Step 1: The Team Leader should make sure the needed reports performed.
have been submitted. Below are to name a few:
EXCEPTIONS:
The following are not practicable for prior coordination:
1. Summary of Information of the target/s (refer to Form # 9) 1. In remote places where coordination is not possible
2. Special Reports 2. When coordination will compromise the lives of police
3. Surveillance Report (refer to Form # 13) operatives, informant and witnesses, involved in anti-drug
4. Contact meeting report (refer to Form #10) operation
5. Development report (refer to Form #11) 3. When coordination will prejudice the apprehension of
drug suspects and confiscation of dangerous drugs and
Step 2: Prepare the buy-bust or boodle money. CPECs
4. When prior coordination will compromise the entire
The money should be: police operation
1. Marked and dusted with ultra-violet powder by the PNP
Crime Laboratory (Note: In the above instances, post coordination shall be made
in lieu of prior coordination)
Step 7: The Team Leader shall conduct a briefing of the entire
In any case, the PNP anti-drug units shall buy-bust team. He shall make sure every member knows
coordinate/inform the PDEA of the anti-drug the pre-arranged signal to be given by the poseur-buyer
operation within 24 hours from the time of the
once the sale is consummated.
actual custody of the suspects or seizure of said
drugs and substances as well as paraphernalia and Step 8: The team composition of police officers and their
transport equipment used in illegal activities involving
functions may include the following:
such drugs and/or substances and shall regularly
update the PDEA on the status of the cases involving 1. Team Leader –preferably a PCO, heads his team in the
the said anti-drug operation. (Section 86(a) IRR RA
conduct of case build-up, raid, arrest, investigation, filing
9165)
and monitoring of the case.
Step 4: Prepare the needed pro forma documents. The
2. Assistant Team Leader (Optional) – assists to the Team
following are examples:
Leader and assumes all the responsibilities in the absence
1. Receipt of Evidence Form - recovered evidence of the Team Leader.
2. Technical Inspection Receipt form - recovered vehicles
3. Poseur Buyer –designated to pretend to be a civilian
Step 5: Prepare and inspect the following: Firearms, buyer of dangerous drugs for purposes of effecting the
communication, vehicles, camera and other equipment arrest of the offender.
and documents to be used by the team members.
4. Arresting Officer – apprehends the suspect/s.
Step 6: The Team Leader shall make sure to prepare the contact 5. Investigator-On-Case –investigates, gathers evidence and
numbers of the following for inventory purposes: prepares documents for purposes of inquest or direct
filing of the case before the prosecutor’s office.
1. representatives from the DOJ
2. representatives from the Media 6. Seizing/Inventory Officer –seizes or confiscates and
3. representatives from the any local elected officials in the does the inventory of evidence from the arrested
area suspects/s.
7. Back up security – designated as security to the raiding (Kami ang mga polis. Gidakop ka namo kay nagalapas ka sa
team to prevent and control the entry and exit of all balaud nga RA 9165. Aduna kay katungod nga dili mutingog o
persons in the place of operation. magpabiling tak-um. Aduna usab kay katungod nga mukuha
ug imong abogado ug kon dili ka makakuha hatagan ka sa
8. Recorder –documents the events/incidents that
gobyerno.)
transpired during the conduct of the buy-bust operation
Step 4: After the arrest, the arresting officer/s shall search the
Note: The composition and the roles of the team may vary as
body of the suspect for the recovery of the buy-bust
the need arises.
money and/or deadly weapon.
C. AFTER THE OPERATION Step 2: 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
Step 1: The Investigator-On-Case shall prepare the Case Referral prosecutor’s office for inquest proceeding.
to the prosecutor’s office for inquest proceeding for
violation of Section 5, Art II, RA 9165 and attach the Step 3: After inquest, the Investigator-On-Case may ask the
following: Court for the issuance of Commitment Order for turn-
over of the arrested person/s to the Jail Warden for
1. Copy of the Spot Report duly received by PDEA (refer to custody pending trial of the case attaching a copy of the
Form # 12) case disposition by the Inquest Prosecutor/MTC Judge,
2. Copy of the Inventory of Property Seized duly verified Booking Sheet and Medical Examination Certificate of the
under oath (refer to Form #1) suspect.
3. Copy of the Request for and Result of Laboratory
Examination of seized items (refer to Form #3) Step 4: Then, the Investigator-On-Case shall submit an After-
4. Copy of the Request for and Result of Physical/Medical Inquest Report to the chief of the office.
Examination and drug test of the suspects (refer to Form
#4) Step 5: Furnish the PDEA a copy of the case folder and shall
5. Copy of the Request for and Result of ultra violet regularly update the latter with the status of the case.
examination on the buy-bust money used and the suspect
Step 6: The Investigator-On-Case and the arresting officers
6. Joint Affidavit of Arrest executed by the arresting officer
respectively shall maintain a Case Tracking/Monitoring
(refer to Form # 17)
7. Affidavit of other witnesses System or Record of the Case. He shall also inform in
8. Copy of the Initial drug test result 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.
Step 7: 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- II. Search and Seizure by Virtue of a Warrant
Duty Report.
Step 4: If the laboratory examination results turn out to be Step 7: After the warrant has been issued, the operations
positive for dangerous drugs and/or CPECs, leader shall inform the chief of office of its
prepare the deposition of two (2) witnesses who implementation and the team who obtained the
have reasons to believe that the crime is being warrant must update, for monitoring purposes, the
committed by the target person/s. PNP-AIDSOT (PNP Anti-Illegal Drugs Special
Operation Task Force).
Step 5: As a rule, apply for the issuance of a Search
Warrant (refer to Form #14) before the local Step 8: The officer applying for the warrant shall also
courts with the approval of Regional, Provincial, secure the contact number of the issuing judge for
District, City Directors, Chief of Police and NOSU update and coordination purposes.
Directors as the case maybe, or their duly
designated authority.
B. DURING OPERATION: SERVICE OF THE SEARCH
But if there is reasonable ground to believe that WARRANT
the application in the local courts shall
compromise the operation, the applications for SW Before Entry
for violation of RA 9165 may also be filed before
the Executive Judges of Manila and Quezon City as Step 1: Before deployment, Operations Team must come
the case maybe with the personal endorsement of up with an operation plan and divide the whole
the C, PNP or TDIDM as provided for under team into smaller groups performing specific
Supreme Court A.M. No 08-4-4-SC, dated July 7, tasks. Examples of groups in the operation include:
2009.
a) Team Leader – This person shall ensure the
Step 6: Upon approval of the authority concerned, the orderly and proper conduct of searches and
filing of the application shall be made with the seizures and overlook the whole operations.
court of jurisdiction during office hours. Except,
f) Processing/ SOCO Team – This team takes care
b) Entry Team – The team ensures that entry in of the collection, documentation and forensic
the area to be searched will be neutralized in case examination of collected physical evidence. . The
where there are armed elements inside and to SOCO team is mandatory when the subject of the
arrest any suspect who may be found. search warrant is a clandestine laboratory,
chemical warehouses or storage facility. The team
c) Searching and Investigating Team – This team may likewise be broken down into smaller groups
is in charge of seizing, inventory, recording, performing specific tasks as well.
photograph-documenting, and investigating all
items and articles described in the search warrant Step 2: Briefing - After the assignment of different teams
which may be found in the exact area of operation, or groupings, a briefing must follow as to the
for the purpose of securing the crime scene. functions and tasks of each, as well as the prior
entry assignments without mentioning the
d) Perimeter/ Security Team – This team is identities of the subject and description and
tasked to enclose the perimeters of the area to be location of the target place.
searched from the public who may hinder the
officers from properly issuing the writ. The team Step 3: The Operation and all pertinent information about
controls the onlookers and bystanders, as well as it, shall be kept among immediate members of the
keep the rest of the public from being endangered operation and shall be on a low-profile as much as
from the operation. This team usually require quite possible to avoid prejudicing the entire operation.
a number of officers, depending on the size of the
area. Step 4: Final Briefing - Another briefing shall be
conducted immediately prior to the actual
e) Witness Team – This team will be comprised of deployment and as close as possible to the time
the different representatives from the different and place of target where the warrant is to be
sectors required to witness the operation such as issued. At this stage the definite and detailed
the media, government and the Department of description will be given the teams and the
Justice. The representatives shall closely different tasks affirmed. Aside from the specific
coordinate with the Team Leader as to the purpose tasks, the team must also be aware of the nature of
of their visit, their advice and the actions taken for the drug evidence being sought as described in the
the purpose. 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 Step 4: The team leader shall read, explain and furnish a
routes of the suspect/s. copy of the search warrant to the suspect/s or
occupant/s in the presence of at least two (2)
Step 5: The search warrant must be issued in accordance witnesses preferably elected officials or
with Rule 126 of the Rules of Criminal Procedure, responsible persons in the area.
that is:
Step 3: In cases where after the notice of authority and Step 5: Photographs shall be taken while the search is
purpose the suspect/s resist, the entry group shall being made.
pacify the situation by the use of necessary and
reasonable force, like breaking open any barrier of Step 6: Likewise, the inventory and marking of the item/s
a house or any part of a house. seized in the presence of the arrested suspect/s or
his representative, a representative from the
media, an elective official and a representative of c) A representative from the Department of Justice
DOJ, shall be photographed. (must be Prosecutor).
d) Any elected public official.
Step 7: The owner or occupant/s present during the
search shall be made to sign a certification that the Step 3: Each article seized will be described in the
search was conducted in an orderly manner, in his inventory list as completely as possible indicating
presence and that nothing was lost or destroyed the physical description, the location where it was
during the search and nothing was taken except for found, time, date and the seizing officer’s name.
those mentioned in the search warrant. Aside from Step 4: Where the searched area was a clandestine
that he must also be given a receipt of the search laboratory, chemical warehouse or storage facility,
and item/s seized. the property seized as evidence should be properly
accounted and listed in the receipt of inventory
Step 8: If the occupant/s or owner refuses to sign, the and should be attached to the search warrant.
refusal shall be indicated in the documents.
Step 5: 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
Inventory as required under Section 21, RA 9165.
Step 5: The arrested supect/s shall be presented to the Step 8: The Investigator-On-Case shall furnish the PDEA
PNP Crime Lab for physical, medical examination with a complete set of the case folder and regularly
and drug testing. update the same with the status of the case.
Step 6: The assigned Investigator-On-Case shall collate the Step 9: The Chief of Office and the Investigator-On-Case
results of the examinations, prepare the shall maintain a case monitoring system or record
appropriate charges and refer the case to the of the case and shall ensure the religious presence
prosecutor’s office for inquest proceedings. of the PNP witness during court proceedings/trial
of the accused.
NOTE:
Sec. 11 on Illegal Possession of Dangerous Drugs Another point to be taken is that while Section 9, Art. II of
R.A. No. 6425 shows that a violation exists when a person shall
Under section 11, Article II of RA 9165, the elements of the cultivate, plant or culture on any medium Indian hemp, opium
offense of illegal possession of dangerous drugs are: (1) the accused poppy (papaver somniferum) or any other plant which may
is in possession of an item or object which is identified to be a hereafter be classified as dangerous drug, ownership of the land
prohibited drug; (2) such possession is not authorized by law; and where the marijuana seedlings are planted, cultivated and cultured
(3) the accused freely and consciously possessed the said drug. is not a requisite of the offense. (People vs Alunday, GR 181546,
(People vs Carlo Magno Aure, GR 185163, January 17, 2011; People of September 03, 2008)
the Philippines vs. Joel Gaspar y Wilson, G.R. No. 192816, July 6, 2011)
Sec. 26 on Contempt or Conspiracy
Sec. 16 on Cultivation or Culture of Dangerous Drugs
Conspiracy between the appellants was evident. The
The law and decided cases do not state with particularity the transaction was successfully consummated between the poseur-
elements of this offense. However, it has been ruled that Section 9 buyer and appellant Carlos Tan Ty, together with his companion,
of R.A. No. 6425 (now Section 16 of RA 9165), upon apprehension appellant Nelson Hong Ty, with one receiving the marked money
of the accused, does not require a series of human activities which and the other delivering the contraband to the poseur buyer. No
is, the deliberate planting, growing or raising of these plants. other logical conclusion would follow from the duo's concerted
(Eduardo Zanoria vs CA GR 110163, December 15, 1997) action except that they had a common purpose and community of
interest, the accepted indicia that could establish the existence of
The arrest was affected only after a series of validations conspiracy. Conspiracy having been established, the accused are
conducted by the team to verify or confirm the report that indeed a answerable as co-principals regardless of the degree of their
marijuana plantation existed at the area and after an operation plan participation. "Conspiracy," as used herein, refers to the manner of
was formed. Upon execution of the operation plan the following incurring criminal liability, and not a crime in itself. Conspiracy is
were established: (1) A police continent raided a marijuana not punishable except when the law specifically provides a penalty
plantation; (2) In the course thereof, accused was seen cutting and therefor, such as in conspiracies to commit treason, coup d' etat,
gathering marijuana plants from the premises; (3) There were no rebellion, sedition, and the sale of dangerous drugs. The last is
other plants except marijuana which were growing in the said area; punishable under Section 21 (b) of the Dangerous Drugs Act. When
(4) There was a hut apparently used by accused and an old woman the conspiracy relates to a crime actually committed, the conspiracy
as a camp or temporary dwelling which existed alone within the is absorbed; it does not constitute a separate crime, but is only a
area of the subject plantation; (5) The samples taken from the said manner of incurring criminal liability. The participants to the crime
are merely held equally liable since the act of one is the act of all. In the case of People of the Philippines v. Gaspar, the police
(People of the Philippines vs. ZHENG BAI HUI & NELSON HONG TY, officer properly identified appellant as the one he transacted with
GR 127580, August 22, 2000) in the buy-bust operation and later arrested after the sale took
place. After being arrested in flagrante delicto, the police officers
found in appellant’s possession two small transparent plastic
Kinds of Possession sachets each containing 0.04 gram of shabu, a prohibited drug,
which appellant was not authorized to possess. (People of the
There are two kinds of possession that can be taken into Philippines vs. Joel Gaspar y Wilson, G.R. No. 192816, July 6, 2011)
consideration one is actual possession and another is constructive
possession. These two kinds of possession are further explained in
the case People vs Gutierrez Gr 177777, December 4, 2009 citing Constructive Possession
the case of People v. Tira:
In another case, although the illegal drug was not in the
“ This crime is mala prohibita, and, as such, criminal possession of the person of the accused Aure, it was in a brown bag
intent is not an essential element. However, the found inside his car. Considering that during the sale, it was from
prosecution must prove that the accused had the the same bag that another accused, Austriaco, took the sachet of
intent to possess (animus posidendi) the drugs. shabu, per order of accused Aure, the owner-possessor of said bag
Possession, under the law, includes not only actual and its contents is no other than accused Aure, who has not shown
possession, but also constructive possession. Actual any proof that he was duly authorized by law to possess them or
possession exists when the drug is in the immediate any evidence to rebut his animus possidendi of the shabu found in
physical possession or control of the accused. On the his car during the buy-bust operation. (People vs Carlo Magno Aure,
other hand, constructive possession exists when the GR 185163, January 17, 2011)
drug is under the dominion and control of the
accused or when he has the right to exercise
dominion and control over the place where it is found. Presumption of Regularity on Law Enforcer’s Performance of
Exclusive possession or control is not necessary. The Functions
accused cannot avoid conviction if his right to
exercise control and dominion over the place where Allegations of Frame-up is Not a Valid Defense
the contraband is located, is shared with another.”
Petitioner’s allegations of frame-up and extortion fall under
Actual Possession the evidence adduced by the prosecution. Having been caught in
flagrante delicto, his identity as seller and possessor of the shabu can
no longer be disputed. Against the positive testimonies of the
prosecution witnesses, petitioner’s plain denial of the offenses appellant did not attribute any ill-motive on the part of the police
charged, unsubstantiated by any credible and convincing evidence, officers, the presumption of regularity in the performance of the
must simply fail. Allegations of frame-up and extortion by the police police officers’ official duties should prevail over the self-serving
officers are common and standard defenses in most dangerous denial of the appellant. (People of the Philippines v. Laylo, GR No.
drugs cases. They are, however, viewed by this Court with disfavor, 192235, July 6, 2011)
for such defenses can be easily concocted and fabricated. To prove
such defenses, the evidence must be clear and convincing. (Quinicot
vs. People of the Philippines, GR No. 179700, June 22, 2009)
The Court have ruled that peddlers of illicit drugs have been Accused appellant's contention that the buy-bust team should
known, with ever increasing casualness and recklessness, to offer have procured a search warrant for the validity of the buy-bust
and sell their wares for the right price to anybody, be they strangers operation is misplaced. A buy-bust operation is a form of
or not, what matters being not the existing familiarity between the entrapment, which in recent years has been accepted as a valid and
buyer and the seller, or the time and venue of the sale, but the fact of effective mode of apprehending drug pushers. Rule 113, Sec. 5(a) of
agreement as well as the act constituting the sale and delivery of the the Revised Rules of Court provides that a peace officer or a private
prohibited drugs. (People of the Philippines vs. De Guzman, GR No. person may, without a warrant, arrest a person when in his presence
177569, November 28, 2007) the person to be arrested has committed, is actually committing, or
is attempting to commit an offense or an in flagrente arrest. (People
Regularity of Functions of Law Enforcers Must Overcome of the Philippines vs. Francisco Manlangit y Tresballes, GR No. 189806,
Presumption of Innocence January 12, 2010)
The presumption of regularity in the performance of official Surveillance or Test Buy is Not Required for Valid Buy-Bust
duty cannot by itself overcome the presumption of innocence. An Operation
accused in a criminal case is presumed innocent until proven
otherwise and the prosecution has the burden of proving his guilt Contrary to accused-appellant's challenge to the validity of
beyond reasonable doubt. The evidence of the prosecution must the buy-bust operation, the Court categorically stated that prior
stand on its own weight and not rely on the weakness of the defense surveillance or test buy is not required for a valid buy-bust
(People of the Philippines vs. De Guzman, GR No. 177569, November operation, as long as the operatives are accompanied by their
28, 2007) . If presumption of innocence is not overcame, i.e. informant. There is no textbook method of conducting buy-bust
operations. The court has left to the discretion of police authorities the items seized or confiscated from him inadmissible. What is of
the selection of effective means to apprehend drug dealers. utmost importance is the preservation of the integrity and the
Flexibility is a trait of good police work. We have held that when evidentiary value of the seized items, as these would be utilized in
time is of the essence, the police may dispense with the need for the determination of the guilt or innocence of the accused. The
prior surveillance. Furthermore, accused appellant's contention that presumption is that the policemen performed their official duties
the buy-bust team should have procured a search warrant for the regularly. In order to overcome this presumption, the accused must
validity of the buy-bust operation is misplaced. A buy-bust operation show that there was bad faith or improper motive on the part of the
is a form of entrapment, which in recent years has been accepted as policemen, or that the confiscated items were tampered. In this case,
a valid and effective mode of apprehending drug pushers. (People of the accused failed to do so. (Francisco Imson y Adriano vs. People of
the Philippines vs. Francisco Manlangit y Tresballes, GR No. 189806, the Philippines, G.R. No. 193003, July 13, 2011)
January 12, 2010)
The failure of the prosecution to show that the police officers
conducted the required inventory and photograph of the evidence
Chain of Custody conducted the required physical inventory and photograph of the
evidence confiscated pursuant to said guidelines, is not fatal and
Exceptions does not automatically render accused-appellant’s arrest illegal or
the items seized/confiscated from him inadmissible. The
The Supreme Court upheld the conviction of the accused by implementing rules of Sec. 21 of RA 9165 offer some flexibility when
ruling that the failure of the policemen to make a physical inventory a proviso added that “non-compliance with these requirements
and photograph the two plastic sachets containing the shabu subject under justifiable grounds, as long as the integrity and the
of this case do not render the confiscated items inadmissible in evidentiary value of the seized items are properly preserved by the
evidence. Likewise, the failure of the policemen to mark the two apprehending officer/team, shall not render void and invalid such
plastic sachets containing shabu at the place of arrest does not seizures of and custody over said items.” The same provision clearly
render the confiscated items inadmissible in evidence. In People v. states as well, that it must still be shown that there exists justifiable
Resurreccion, G.R. No. 186380, 12 October 2009, 603 SCRA 510, it grounds and proof that the integrity and evidentiary value of the
was held that “the failure of the policemen to immediately mark the evidence have been preserved. (People of the Philippines v. Rivera, GR
confiscated items does not automatically impair the integrity of No. 182347, October 17, 2008)
chain of custody.” (Francisco Imson y Adriano vs. People of the
Philippines, G.R. No. 193003, July 13, 2011) Oo0oO
FORM # 2
_________________________________
RECEIVED BY : __________________________________________________
(Signature Over Printed Name/ Designation)
Agency/ Address : _______________________________________________________________
Time and Date : _______________________________________________________________
Remarks : _______________________________________________________________
FORM # 3
Republic of the Philippines FORM # 4
NATIONAL POLICE COMMISSION Republic of the Philippines
PHILIPPINE NATIONAL POLICE
Department of the Interior and Local Government
CEBU POLICE PROVINCIAL OFFICE
_______POLICE STATION NATIONAL POLICE COMMISSION
_______________, Cebu NATIONAL HEADQUARTERS PHILIPPINE NATIONAL POLICE
ANTI – ILLEGAL DRUGS SPECIAL OPERATIONS TASK FORCE
REQUEST FOR LABORATORY EXAMINATION Camp Crame, Quezon City
Telefax no. 722-1918
MEMORANDUM :
FOR : MEMORANDUM
FROM :
SUBJECT : FOR : (Attn: Chief, Medico Legal Division)
DATE : FROM : (Head/Deputy/Chief, Invest)
SUBJECT : REQUEST FOR DRUG TEST EXAMINATION
DATE : ___________________________
_________________________________________________________________________________
1. The undersigned respectfully request your good office for the laboratory
examination on the specimen submitted in order to determine the presence
of dangerous drugs. 1. Request conduct drug test examination on the living person of
______________________________, of legal age, and presently residing at
_____________________________ .
NATURE OF THE CASE :
SUSPECT : 2. Said person was arrested by this Unit during the implementation of SW
OFFICERS ON THE CASE : #_____ issued by Hon. Judge ______________, RTC Branch No. ________,
TIME AND DATE :
_______________ on _______(date)_______ at about ______ am/pm at
______________(place)______________.
PLACE OF ARREST :
SPECIMEN SUBMITTED : 3. Further request furnish this Office the result thereof for our
investigative and future reference.
the arrest of _____________, all of ______________________ and the confiscation/seizure of _____ kgs
4. Please acknowledge receipt. of Shabu, several assorted chemicals, precursors and equipment, apparatus and
__________________________ instruments being used in manufacturing of Shabu to wit:
__________________________
ITEMS QUANTITY DESCRIPTION
__________________________ ____________ _________ ________________________________________
____________ _________ ________________________________________
____________ _________ ________________________________________
____________ _________ ________________________________________
____________ _________ ________________________________________
6. That, during the implementation of said writ, we introduced ourselves as Police Officers
and _______________ read the contents of the said writ in the presence of the suspect/s, media
FORM # 5 practitioners, DOJ representative and Elected Barangay Official, likewise apprised them of
Republic of the Philippines) their Constitutional Rights such as the right to remain silent, to have a competent and
City/Province of _______ ) S.S independent counsel preferably of their own choice and the right to be informed of such
x------------------x rights, a well as of the nature of their arrest.
JOINT AFFIDAVIT OF ARREST 7. That, the Search was conducted in an orderly manner in the presence of representatives
from Barangay _____________ identified as ________________, City Prosecutor’s Office identified as
We, ______________ and ______________, both of legal ages, and bona fide members of _________________, and MEDIA practitioner identified as _________________.
the ___________________, stationed at ______________ having been duly sworn to in accordance
with the law do hereby depose and state: 8. That the actual physical inventory, markings and taking of photographs were conducted
in the place of operation in the presence of the suspect and the representatives from the
1. That, we are members of the _______________ and designated as Arresting Officers in Department of Justice Prosecutor ____________________, Media ______________________ and Brgy
implementation of Search Warrant # ____________ issued by Honorable Judge __________________, Captain/Kagawad __________________.
_____________ RTC, Branch_____, __________ against _________________, all of _________________ for
Violation of Sec. ___, Art. II, R.A 9165. 9. That, the arrested suspects were brought to _______ Headquarters in _____________ for
investigation, proper documentations and disposition.
2. That, at about _________ of _____________, ________________ (Applicant of SW) together with his
witness/es applied for Search Warrant before the sala of Hon. Judge __________ Presiding 10. That, all confiscated/seized pieces of evidence were properly turned-over to
Judge, RTC Branch ____ against ________, et al. for Violation of Sec. ___, Art. II, R.A 9165. Investigator on Case and were subsequently turned over to PNPCLG for laboratory
examination and custody.
3. That, on ________________, Hon Judge _______________, Presiding Judge issued Search Warrant #
_______ against ___________, et al of ______________________ for Violation of Section ______, Art. II of 11. PNP-CLG Chemistry Report No. _____________ examined by _______________ and approved by
RA 9165. _________________ dated ___________ gave positive results for the test of dangerous drugs with a
total weight of _______, essential chemicals and precursors.
4. That, on ______________, ______________ (Chief of Office) conducted final briefing regarding the
implementation of the above-cited writ, wherein, ________________ designated as Team Leader 12. That, we are executing this affidavit to attest to the truthfulness of the foregoing facts
and the undersigned were designated as Arresting Officers, while ________________ as and to support the filing of appropriate charges against the suspects.
Investigator on Case.
FURTHER AFFIANT SAYETH NAUGHT:
5. That, on the same date at about ______________, joint elements of this Unit, PDEA, CLG, and
_______________ implemented Search Warrant # ______________ at _______________ which resulted in
IN WITNESS WHEREOF, we have hereto affixed our signatures below this ____ day
of _______________ at __________________, Philippines.
___________________ ______________________
Affiant Affiant
_________________________
Administering Officer
CERTIFICATION FORM # 6
THIS IS TO CERTIFY that I have personally examined the herein affiants and I am
fully satisfied and convinced that they have voluntary executed and understood their Republic of the Philippines
statements. Office of the President
PHILIPPINE DRUG ENFORCEMENT AGENCY
PDEA Bldg., NIA North Side Road, National Government Center
_________________________
Barangay Pinyahan, Quezon City
Certifying Officer
COORDINATION FORM
Control Number : ________________________________________
Time/ Date : ________________________________________
I. UNIT/ OFFICE :
__________________________________________________________________
II. Type of Operation : (Put a check mark)
Surveillance Buy-Bust
Casing Search Warrant
Test Buy Other (Specify)
III. Duration
______________________________________________________________________________
IV. Area of Operation
______________________________________________________________________________
V. Team Leader/ Contact Number (mobile phone) and number of personnel involved
VI. Vehicles/ PN
Type Make Color Plate Number
(Team Leader)
Unit may add additional signatories of they deem that it will strengthen their operational control over
their operating units.
FORM # 7
FORM # 8
Republic of the Philippines Republic of the Philippine
National Police Commission
Office of the President Philippine National Police
PHILIPPINE DRUG ENFORCEMENT AGENCY CEBU POLICE PROVINCIAL OFFICE
_________ POLICE STATION
PDEA Bldg., NIA North Side Road, National Government Center _____________, Cebu
Barangay Pinyahan, Quezon City
__________________
(Date)
PRE-OPERATION REPORT BOOKING SHEET AND ARREST REPORT
NAME:
Control Number: ____________________ Date: _______________________ ___________________________________________________________________________________________________________________________________
(Surname) (Given) (Middle Name)
ALIAS/ NICKNAME: ______________________________ PRESENT ADDRESS: _________________________________________________________
TIME BOOKED: ___________________________________ OCCUPATION: _______________________________________ SEX: __________________
I. UNIT/ OFFICE : ______________________________________________ PLACE OF BIRTH: ________________________________ DATE OF BIRTH: _____________________________________________________________
II. Name of Target : ______________________________________________ NATIONALITY: ___________________________________ EDUCATIONAL ATTAINMENT: _____________________________________________
CIVIL STATUS: ____________________________________ COLOR OF HAIR: _______________________________ EYES: _____________________
III. Specified Area of Operation: ______________________________________________ HEIGHT : __________________________ WEIGHT : ____________________________ SCAR/MARK: ________________________________________
IV. Summary of Operation: NAME AND ADDRESS OF NEAREST KIN AND RELATIVE : _____________________________________________________________________
_______________________________________________________________________________________________________________________________________
______________________________________________________________________________________ WHERE ARRESTED :
______________________________________________________________________________________ _______________________________________________________________________________________________________________________________________
DATE AND TIME ARRESTED :
______________________________________________________________________________________ _______________________________________________________________________________________________________________________________________
FACTS KNOWN TO THE ARRESTING OFFICER/S : ______________________________________________________________________________
______________________________________________________________________________________ _______________________________________________________________________________________________________________________________________
______________________________________________________________________________________ WITNESS/ES:
___________________________________________
______________________________________________________________________________________ ___________________________________________
______________________________________________________________________________________ ___________________________________________
______________________________________________
______________________________________________________________________________________ (SIGNATURE OF PERSON ARRESTED)
BOOKED BY: ____________________________
FINGERPRINTS: Marks :
_______________________________________________________________________________________________________________________________________
Ethnic :
Present Address :
Provincial Address :
Present Employment :
Previous Employment :
Date of Employment :
Education :
Spouse/Employment :
Children :
LEFT FINGERS RIGHT FINGERS OTHER INFORMATION:
_______________________________________________________________________________________________________________________________________
FORM # 9
FORM # 10
Republic of the Philippines
Department of the Interior and Local Government
Republic of the Philippines
NATIONAL POLICE COMMISSION Department of the Interior and Local Government
NATIONAL HEADQUARTERS PHILIPPINE NATIONAL POLICE NATIONAL POLICE COMMISSION
ANTI – ILLEGAL DRUGS SPECIAL OPERATIONS TASK FORCE NATIONAL HEADQUARTERS PHILIPPINE NATIONAL POLICE
Camp Crame, Quezon City ANTI – ILLEGAL DRUGS SPECIAL OPERATIONS TASK FORCE
Telefax no. 722-1918 Camp Crame, Quezon City
Telefax no. 722-1918
SUMMARY OF INFORMATION
SUBJECT :
AFFILIATION : CONTACT MEETING REPORT
OFFENSE COMMITTED: _______________
________________________________________________________________ (DATE)
PERSONAL DATA : TO :
FROM :
Name : REFERENCE :
Age : ________________________________________________________________
DOB/POB :
MEETING
Gender :
a. DATE/TIME:
Nationality :
Civil Status : Actual -
Skill : Scheduled -
Religion : b. PLACE OF INITIAL MEETING/CONTACT:
Blood Type : Actual -
Complexion : Scheduled -
Height/weight : c. PLACE OF TRANSFER MEETING:
Actual -
Scheduled -
d. REASONS FOR DEVIATION IN ABOVE SCHEDULE:
1.
2.
e. VISUALS SIGN USED:
1.
2.
f. VIOLATIONS IN VISUAL SIGNS, if any:
1.
2.
g. COVER USED:
Action handlers (AH)
Action Agents (AA)
h. UNUSUAL BEHAVIOR OF AA OBSERVED DURING THE MEETING: FORM # 11
i. PROBLEMS BROUGHT OUT BY THE AA AND SOLUTIONS MADE BY Republic of the Philippines
THE AGENT HANDLER: Department of the Interior and Local Government
NATIONAL POLICE COMMISSION
INFORMATION AND OPERATIONAL DATA GATHERED: NATIONAL HEADQUARTERS PHILIPPINE NATIONAL POLICE
Indicate source and details on how the info was gathered by the Action Agent. ANTI – ILLEGAL DRUGS SPECIAL OPERATIONS TASK FORCE
Camp Crame, Quezon City
NEXT MEETING: Telefax no. 722-1918
a. REGULAR PLAN
Date/Time/Place
b. ALTERNATE PLAN MONTHLY DEVELOPMENT REPORT
Date/Time/Place __________________
c. EMERGENCY PLAN (DATE)
d. COVER STORY I. INTRODUCTION:
1) Agent Handler This is a periodic Development Report of COPLAN (COPLAN CODE) of
2) Action Agent (Unit______________________) ____________targeting (State
e. VISUAL SIGNS targets_______________________).
1. Safety
This report covers the period (Inclusive dates/month __________________).
2. Danger
II. DEVELOPMENTS:
f. INSTRUCTION(s)
________________________________ A. AGENT ACQUISITION/TERMINATION
(Signature over printed name) - Where the Action Agent (s) (spotted or acquired during the
Agent Handler period? If so, who are they and give details on their backgrounds.
- Where the Action Agent(s) terminated during the period? If so,
who are thy and give details behind the termination.
B. OPERATIONAL ACTIVITIES OF THE AA FOR THE PERIOD
- Information gathered by the AA.
C. INFORMATION ACQUISITION – Analysis and assessment of the
information gathered by the AA during the period.
-Counteractions initiated or launched by the unit as a
consequence of the information obtained to include results of the
counteraction.
D. PROBLEMS – What were the problems encountered by the Case
Officer, Principal Agent, Agent Handler, Support Agent and Action
Agent(s) during the period? What actions have been undertaken or
FORM # 12
will be undertaken to solve the problems? (Problem to be indicated
Republic of the Philippines
herein should be operation-related)
Department of the Interior and Local Government
E. PLANS - What specific plans or program of action are to be
NATIONAL POLICE COMMISSION
undertaken by the Action Agent(s) in the succeeding period?
PHILIPPINE NATIONAL POLICE
F. CONCLUSION – Case Officer’s conclusion on the project’s current
_______________________________________
operation status. Determine whether the COPLAN is still viable or not.
___________________________
_______________________
(Case Officer)
Report prepared by CASE OFFICER and endorsed by COPLAN
Supervisor to be submitted NLT the 12th day of the succeeding month.
MEMORANDUM
The MDR should be the summaries of all the CMRs for the month and
can be prepared after completing the CMRs.
FOR :
(NOTE: THE SPECIAL PROJECT REVIEW BOARD (SPRB) reserves the
FROM :
right to recommend the suspension or outright termination of the
COPLAN for failure to comply with the above basic reports. All SUBJECT : SPOT REPORT
COPLAN-related reports shall be submitted “SAFEHAND” according to DATE :
the provision of PNP R-200-012)
______________________________
(Reportee)
FORM # 13 FORM # 14
Republic of the Philippines Republic of the Philippines
Department of the Interior and Local Government NATIONAL CAPITAL JUDICIAL REGION
NATIONAL POLICE COMMISSION REGIONAL TRIAL COURT
NATIONAL HEADQUARTERS PHILIPPINE NATIONAL POLICE Branch ____
ANTI – ILLEGAL DRUGS SPECIAL OPERATIONS TASK FORCE
Camp Crame, Quezon City People of the Philippines) SEARCH WARRANT NO._______
Telefax no. 722-1918 Plaintiff)
WITNESSES: That the actual physical inventory, markings and taking of photographs
_______________________________ were conducted in the place of operation in the presence of the suspect
_______________________________ and the representatives from the Department of Justice Prosecutor
________________, Media _________________ and Brgy Captain/Kagawad
__________________ .
FORM # 16
Republic of the Philippines) That I properly turned-over all the confiscated / seized pieces of evidence
City/Province of ________) S.S. to Investigator on Case and the same were subsequently turned over to
x------------------x PNP, CLG for laboratory examination and custody.That, I am executing this
AFFIDAVIT OF SEIZING OFFICER affidavit to attest to the truthfulness of the foregoing facts and to support
the filing of appropriate charges against the suspect/s.
I, _____________, of legal age, bonafide member of Philippine National Police
and presently detailed with ____________, stationed at __________ after having FURTHER AFFIANT SAYETH NAUGHT:
been duly sworn to and accordance with the law hereby depose and state: IN WITNESS WHEREOF, I have hereunto affixed my signature this____ day
of _______ at ____________., Philippines.
That I am member of ___________ and was designated as Seizing Officer
during the implementation of Search Warrant No. ___ issued by Honorable ________________________
Judge _________, RTC, Branch ____ dated ___________ against _______ et. al., all Affiant
of .____________
SUBSCRIBED AND SWORN to before me this ___ day of _________at
That on ________________, _____________, Chief of Office together with his _____________, Philippines.
witnesses applied for Search Warrants before the sala of Hon.
Judge_____________, RTC Branch ____, _____________ against ______________ et. al.
for Violation of Section ____, Art. II, of R.A. 9165. ________________________
Administering Officer
That on ____________, at about _____ am/pm, joint elements of this Office and
PNP-CLG____________ implemented the above-cited writ at _____, which CERTIFICATION
resulted in the arrest of ______________, and the confiscation / seizure of ____
THIS IS TO CERTIFY that I have personally examined the herein affiant and b.) (State the facts after the arrest regarding compliance with Section 21 (a) of RA
I am fully satisfied and convinced that he/she voluntarily executed and 9165)
understood the contents hereof.
Example: I, (name of officer), seized the following items (list of items
________________________ seized)..
Certifying Officer
I, (name of officer), conducted the inventory of the
abovementioned items..
x---------------------------------x
FURTHER AFFIANT SAYETH NAUGHT:
JOINT AFFIDAVIT OF ARREST
IN WITNESS WHEREOF, we have hereunto affixed our signature this ___th day of
We, __________ and ______________, both of legal age, bona fide members of Philippine _____ at ___________, Philippines.
National Police, presently assigned with _____________, stationed at ____________, after
_____________________ ____________________
having been duly sworn to in accordance with law do hereby depose and state to
wit; Affiant Affiant
That we are member of the PNP presently assigned with ____________ stationed at
__________________.
SUBSCRIBED AND SWORN to before me this ___th day of _____ at __________,
Philippines.