INVESTIGATION OF CASES INVOLVING PLANNED OPERATIONS

A.Buy-Bust Operation
1. 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.

2. The Team Leader shall see to it that prior reports have been submitted which may
include but not limited to the following classified reports:
a) Summary of Information of the Target/s
b) Specia Reports
c) Surveillance Report
d) Contact Meeting Report
e) Development Report

3.The foliowing shali be stricily observed by the Arresting Officersfinvestigator-on-Case during

the conduct of Buy-Bust Operations:
a. Arrested person shall be informed of the nature of his arrest and be apprised of
his constitutional rights (Miranda Doctrine);
b. The dangerous drugs, CPECs, paraphernalia, and equipment as the case may be,
shall be immediately seized and taken into the custody of the apprehending team;
c. The seizing officer shall, as far as practicable, conduct the actual physical
inventory, take photographs and properly mark the items or articles seized or
confiscated in the place of seizure and in the presence of the arrested person/or
his counsel or representative and representatives from the Department of Justice,
MEDIA and any elected government officials who shall be required to sign on the
inventory and given each a copy thereof. (Observed the rule on the chain of
custody and DOJ Department Circular No. 3 in compliance with Prescribed
Procedures on the Seizure and Custody of Dangerous Drugs.

Paragraph 2. All anti-drug operations require physical inventory and photography of

seized and
confiscated drugs.- The mandatory nature of the requirements under Section 21 (1), Article II of
RA 9165, and

its IRR does not distinguish between warrantless seizures and those made by virtue of a
warrant. The
difference merely lies in the venues of the physical inventory and photography of the seized
items. Thus:

1. In seizures covered by search warrants, the physical inventory and photography must be
conducted in the place where the search warrant was served;
2. In case of warrantless seizures such as a buy-bust operation, the physical inventory and
photography shall be conducted at the nearest police station or office of the apprehending
officer/team, whichever is practicable;however,nothing prevents the apprehending
officer/team from immediately conducting the physical inventory and photography of the items
at the place where they were seized.
Paragraph 3. In case of non-observance of the prescribed procedure, the apprehending
law evidentiary value of the seized items are not tainted. While lapses in the handling of
confiscated evidence in anti-drug operations may be countenanced, these lapses must be duly
recognized and explained in terms of their justifiable grounds. The integrity and evidentiary
value of the evidence seized must also be shown to have been preserved.

d. The seizing officer shall submit the seized or confiscated items to the nearest
PNP Crime Laboratory for examination and analysis;
e. The arresting officer shall bring the arrested suspects to their office for proper
custody,documentation, and proper disposition;
f. The arrested suspect/s shall be presented to the PNP CRIME LABORATORY (CL)
for physical,medical examination, and drug testing;
g. The assigned Investigator-On-Case shall collate the results of the examinations
and prepare the appropriate charges and refer the case to the prosecutor"s office
for inquest proceedings. He shall submit the following:

2)Copy of the Receipt of the I warlayyef tams saized/Confisceted duAy verifed under oath
3) Photograph of the scene
4) Copy of the Receipt of Turn-Over of Evidence
5) Copy of the Receipt of Turn-Over of the arrested suspect/s
6) Copy of the request for and results of the Laboratory, Drug Test and Physical/Medical
examination on the Drugs and the suspect/s
7) Copy of the Booking Sheet and Arrest Report
8) Photographs of the evidence seized and the suspect/s
9) Copy of the Affidavit of Arrest
10) Copy of the Affidavit of Seizing Officer
11) Affidavit of other witnesses, if any

12) Others that may be submitted later

h.The Investigator-On-Case shall thereafter submit a report to the Chief of Office.
i. The Investigator-On-Case shall furnish the PDEA with a complete set of the case
folder and regularly update the same with the status of the case.
 j.The Chief of Office and the Investigator-On-Case shall maintain a case monitoring
system or record of the case and shall ensure the religious presence of the PNP witnesses
during court (This is in compliance to PNP MC No. 2008-0801-003 dated August 1, 2008,
in relation to NAPOLCOM MC No. 2007-001).
k. Search and Seizure by Virtue of Warrant

The following rules and procedures shall govern the responsibility of anti-drug units in the
application and implementation of a Search Warrant (SW).
1. 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
may be, 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 may be 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.
2. Upon approval by the Chief of Office concerned, the application shall be filed to the
Court of jurisdiction during office hours. However, the application may be filed after office
hours, during Saturdays and Sundays and Holidays provided, the applicant shall certify and
state the facts under oath, to the satisfaction of the Judge, that its issuance is urgent as
provided under Supreme Court Administrative Circular No 19 dated August 4, 1987. In view
of this, concerned units are encouraged to coordinate with and acquire the addresses and
contact numbers of the Judges in their respective jurisdictions.
3. Pursuant to DOJ Department Circular No. 3 para 1 (Compliance with Prescribed
Procedures on the Seizure and Custody of Dangerous Drugs) the following shall be
observed:

Paragraph 1 Physical inventory and photography of seized and confiscated drugs are
required in anti-drug operations. - Section 21 (1), Article II of Republic Act (RA) 9165 entitled
“Comprehensive Dangerous Drugs Act of 2002" and its Implementing Rules and Regulation (IRR)
require that after seizure and confiscation

oFdrgs,police offoers shal immadiately physically i aph the same in the presence of the
following persons:
a) the accused or the person/s from whom such items were confiscated and/or
seized, or his/her representative or counsel;
b) a representative from the media;
c) a representative from the Department of Justice (must be Prosecutor); and
d) any elected public official who shall sign, and shall be given copies of the
inventory.
4. The Search Warrant shall immediately be returned to the issuing Judge with all the
pieces of evidence seized, and inform him of the results of the search conducted. In no
case should the subject Search Warrant be returned beyond the prescribed period.
 5.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 request to the PNP Crime
Laboratory for examination.

6. The arrested suspect/s shall be apprised of his Constitutional Rights and be brought to
the office of the operating unit and shall be turned over to the Investigator-On-Case for
booking, investigation,documentation, and appropriate action.

7. The Investigator-On-Case shall submit the arrested suspects to PNP Crime Laboratory
for Drug Test and Physical/Medical Examination.

8.The Investigator-On-Case shall secure and collate all the results of the Laboratory and
Medical Examination for attachment to the case referral to the prosecutor for inquest
proceedings.

9. In cases 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 Anti-Money Laundering Council (AMLC) and
the National Bureau of Investigations (NBI).

10.The Investigator-On-Case shall prepare the case referral for inquest proceeding before
the Prosecutor's Office with the following attachments:
a. Copy of the prior coordination form to PDEA (as far as practicable)
b. Copy of the Spot Report received by PDEA
c. Copy of the Receipt of the Inventory of items seized/ confiscated duly verified
under oath
d. Copy of the Certification of Orderly Search
e. Photograph of the crime scene
f. Copy of the Receipt of Turn-Over of Evidence
g. Copy of the Receipt of Turn-Over of the arrested suspect/s
h. Copy of the request for and results of the Laboratory, Drug Test and Medical
examination on the Drugs and the suspect/s.
Copy of the Booking Sheet and Arrest Report Photograchs of the evidence
seized and the suspedt/s

K. Copy of the Affidavit of Arrest

1. Copy of the Affidavit of Seizing Officer
m.Affidavit of other witnesses,if any
n. Surveillance Report
o. Artist"s Sketches/Descriptions of suspect/s if any,
p. Others that may be submitted later
 11. 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:
a. Copy of the Search Warrant
b. Copy of return of Search Warrant
c. Copy of the prior coordination form to PDEA (as far as practicable)
d. Copy of the Spot Report received by PDEA
e. Copy of the Receipt of the Inventory of items seized/ confiscated duly verified
under oath
f. Copy of the Certification of Orderly Search
g. Photograph of the crime scene
h. Copy of the Receipt of Turn-Over of Evidence
i.Copy of the request for and results of the Laboratory on the Drugs.
j.Photographs of the evidence seized
k. Copy of the Affidavit of Seizing Officer
l. Affidavit of other witnesses, if any
m. Surveillance Report
n. Artist"s Sketches/Descriptions of suspect/s if any,
o. Others that may be submitted later

12. After the filing of the case, the following shall also be done:
a. The Investigator-On-Case shall submit an after-inquest report or progress
report to the Chief of Office.
b. The Investigator-On-Case shall furnish PDEA with a copy of the case folder with
complete attachments.
c. The operating unit shall regularly update the PNP Directorate for Operations
(DO) and PDEA on the status of the case.
d. The Investigator-On-Case and the arresting officers respectively shall maintain
a case tracking/monitoring system or record of the case and shall inform his immediate officer
and the higher office in writing if the case is dismissed or the suspect/s is released for further
investigation by the prosecutor.
e. 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 an after-court-duty report.

Ciandestine Laboratory and Storage Facility

a. All operations involving clandestine laboratories and storage facilities shall be
coordinated with PNP AIDSOTF for technical assistance, proper assessment, and
evaluation prior to any negation operation.

b. The investigation shall commence with an intelligence data-gathering process to verify the
existence of intelligence operations shall be appropriately documented by reports supported
by sketches, maps,photographs, and other relevant pieces of evidence.
1. Under no circumstance shall any person deliberately use his or her sense of smell,
taste, or touch to identify suspected dangerous drugs, chemicals or hazardous
 materials, or substances.Smoking is strictly prohibited in the clandestine laboratory
site.
2. After a PNP anti-drug unit has successfully seized a clandestine laboratory, it shall
ensure that the pieces of evidence are properly preserved. It shall strictly observe the
following:
a. All pieces of evidence shall be handled and processed appropriately, having in
mind the possibility of lifting latent prints.
b. Any evidence on hand shall not be moved unless first photographed or
videotaped. The photograph or videotape shall contain the date/time, sequence,
and a caption including a complete description of the vehicle, location, etc. The
film shall be restored properly as evidence.
c. Once the pieces of evidence have been processed, the bulk
chemicals and any contaminated laboratory hardware, including
glassware, shall be preserved in the clandestine laboratory until
after the ocular inspection by the Court.
d. All documents found in the laboratory shall e preserved in their totality. They
shall also be examined for fingerprints.
e. In case of possible actual environmental leakage of chemicals in the
laboratory or any incident that would endanger public health and safety,
guidelines developed by the DOH and DENR as per Republic Act 6969 shall be
followed.
When a clandestine laboratory is dismantled,investigators should conduct a
back-tracking f.investigation on the dangerous drugs, controlled precursors, and
essential chemicals found in the laboratory:
1. Collect all documents for paper trail examination and indicators that might
lead to the identification of those involved, the origin of the chemicals, and how
it was obtained and brought to the country (diversion or smuggling through the
port or coastal areas).
2. Examine controlled chemical containers for labels and markings to determine
manufacturer and country of source or origin.
3. All arrested persons shall be apprised of their Constitutional Rights and
conduct a post-arrest interview to elicit further useful information such as who
obtained the controlled chemical and when, where, and how it entered the
country.

FINANCIAL INVESTIGATION
a. During the intelligence/surveillance phase of the anti-drug operations, the PNP operating
units must also gather information on possible money laundering activities of target
personalities and their cohorts/accomplices.
b. Operating units must check/examine the financial records of the suspect/s which
include, among others, the following:
1.Bank.accounts records(Bank statements, deposi: slilps,encashned chedks,credit card montly
billings,debit/credit memos, wire transfers, cashier's checks, foreign exchange sold);
2. Business records (Articles of Incorporation/By-Laws, board minutes, stock record
bocks);
3. Deeds of conveyances (Deed of Sale,Deed of Donation, Deed of Transfer, etc);
4. TCT's, ORs/CRs of vehicles;
5. Payment of bills, purchase of materials, stock certificates; and
6. Anything that will show that the money went into financial institutions or where
the money went/was spent and where it came from.
C. If there is a need for financial investigation on the case, the PNP-Anti Drug Unit shall
refer the matter to the Anti-Money Laundering Council (AMLC) for appropriate action.

INVESTIGATION OF CASES INVOLVING UNPLANNED OPERATIONS

a. In Flagrante Delicto Cases -Acts committed in violation of RA 9165 subject for a
warrantless arrest,search, and seizure which is classified in this Manual as unplanned
operation with the exception of cases enumerated under planned operation.
b. Other In flagrante delicto cases in violation of RA 9165:
1. Search made incidental to a valid arrest;
2. The search of moving vehicles, vessels, and aircraft;
3. Seizure of dangerous drugs, CPECs, etc, which are concealed in smuggled items;
4. When there is a consented search;
5. Seizure of evidence in plain view (evidence which can be seen in plain view
without the need of search done in Police Check-Points, Routine Police Patrol and
Inspections) and
6. Other analogous police operations.