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CDI 7 8- DDB and PDEA

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CDI 7 8- DDB and PDEA

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cabaticgc
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Dangerous Drugs Board (DDB) &

Philippine Drug Enforcement UNIT VIII


Agency (PDEA)

What is the Dangerous Drugs Board (DDB)?


 The DDB is the policy-making body and strategy-making body in the planning and
formulation of policies and programs on drug prevention and control. (under the Office of
the President) (sec. 77, Art IX)
Composition:
 17 members (3 as permanent, 12 as ex-officio, 2 regular members)(sec. 78, Art IX)
 3 permanent members: to be appointed by the President, one to be the
Chairman.
 12 ex officio members: (Secretary of DOJ, DOH, DND, DOF, DOLE, DILG,
DSWD, DFA, and DepEd, Chairman of CHED, NYC, and the Dir.Gen of PDEA.)
 2 regular members: President of the IBP, and the Pres/Chaiman of an NGO
involved in a dangerous drug campaign to be appointed by the President.
 The NBI Director the Chief of the PNP – permanent consultant of the Board.

What are the Powers and Duties of the DDB? (sec. 81, Art IX)
1. Formulation of Drug Prevention and Control Strategy,
2. Promulgation of Rules and Regulation to carry out the purposes of this Act,
3. Conduct policy studies and researches,
4. Develop educational programs and info drive,
5. Conduct continuing seminars and consultations,
6. Design special training,
7. Coordination with agencies for community service programs,
8. Maintain international networking.

What is the Philippine Drug Enforcement Agency (PDEA)?


 It is the implementing arm of the DDB and responsible for the efficient and effective law
enforcement of all the provisions on any dangerous drugs and/ or precursors and
essential chemicals.
Head: Director General – appointed by the President
Assisted By: 2 Deputies Director General (one for Admin, another for Opns) –
appointed by the President (sec. 82, Art IX).

What are the Powers and Functions of the PDEA?(sec. 84, Art IX)
1. Cause the effective and efficient implementation of the national drug control strategy,
2. Enforcement of the provisions of Art II of this Act,
3. Undertake investigation, make arrest and apprehension of violators and seizure and
confiscation of dangerous drugs,
4. Establish forensic laboratories,
5. Filing of appropriate drug cases,
6. Conduct eradication programs,
7. Maintain a national drug intelligence system,
8. Close coordination with local and international drug agencies.

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Anti-Drug Drives and Operational Concepts
The Operational Plans (OPLANS) against the Drug Problem are:
1. Oplan Thunderbolt I –operation to create impact to the underworld
2. Oplan Thunderbolt II –operations to neutralize suspected illegal drug laboratories
3. Oplan Thunderbolt III – Operations for the neutralization of big time drug pushers’ drug
dealers and drug lords.
4. Oplan Iceberg – Special operations team in selected drug prone areas in order to get
rid of illegal drug activities in the area.
5. Oplan Hunter – operations against suspected military and police personnel who are
engage in illegal drug activities.
6. Oplan Mercurion – Operations against drug stores, which are violating existing
regulations on the scale of regulated drugs in coordination with the DDB, DOH and
BFAD.
7. Oplan Tornado – Operations in drug notorious and high profile places.
8. Oplan Greengold – nation wide MJ eradication operations in coordination with the local
governments and NGO’s.
9. Oplan Sagip-Yagit – A civic program initiated by NGO’s and local government offices to
help eradicate drug syndicates involving street children as drug conduit.
10. Oplan Banat – the newest operational plan against drug abuse focused in the barangay
level in cooperation with barangay officials.
11. Oplan Athena – operation conducted to neutralize the 14k, the Bamboo gang and other
local organized crimes groups involved in illegal drug trafficking.
12. Oplan Cyclops – operations against Chinese triad members involved in the illegal drug
operations particularly Methamphetamine Hydrocloride.

In the conduct of anti-drug operations, the following must be strictly considered:


1. Respect for Human Rights (Sec. 11, Art. 2, Phil. Constitution)
2. Respect for right of the people to due process and equal protection (Sec. 1, Art. 3, Phil.
Constitution)
3. Respect of Right of the people against unreasonable search and seizure. (Sec. 2, Art. 3,
Phil. Constitution).
4. Respect for right of the people to privacy of communication (Sec. 3, Art. 3, Phil.
Constitution).
5. Respect for constitutional rights of the accused undergoing custodial investigation (RA
7438), (Sec. 12, Art. 3, Phil. Constitution)
6. Respect for the statutory rights of the accused undergoing custodial investigation under
RA 7438.

The Principles of Drug Operations are:


1. Knowledge on circumstances on when to use necessary force (Art. 11, Chapter 3, RPC).
2. Knowledge on the statutory provisions on arrest (Rule 113, Rules on Criminal
Procedures).
3. Knowledge on the administrative guidelines on arrest, search and seizure.
4. The Miranda Doctrine (384 U.S. 346)
5. Warrantless Search and Search incidental to lawful arrest (Rule 126, Rules on Criminal
Procedure).

ANTI-NARCOTICS OPERATIONS

Buy-Bust Operations

a. Concept: It is a form of entrapment employed by peace officers as an effective way of


apprehending a criminal in the act of the commission of the offense. Entrapment has
received judicial sanction as long as it is carried with due regard to constitutional and
legal safeguards.

b. Planning and Preparation: The operation must be preceded by an intensive


surveillance, casing, or other intelligence operations and gathering, evaluation and
timely dissemination. Intelligence must be evidence-based and shall be supported by
documents such as summaries of info, maps, sketches, affidavits and sworn statements.

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Search For Drug Evidence with Warrant

a. Concept: A search warrant is an order in writing issued in the name of the People of the
Philippines, signed by a judge and directed to a peace officer, commanding him to
search for personal property described therein and bring it before the court. (Sec. 1,
Rule 126, Revised Rules of Court)

b. Planning and Preparation:


1. Prior to the procurement of search warrant, intensive intelligence data gathering
must be undertaken, evidence-based and supported by credible documents.
2. Conduct of surveillance, casing, and other intelligence operations.
3. Identification, movement, activities and location of suspects should be
established.
4. Search warrant shall be applied with competent court
5. Conduct of Operation
6. Submission of reports

Marijuana Eradication

a. Concept: Marijuana eradication involves the location and destruction of marijuana


plantations, including the identification, arrest and prosecution of the planter, owner or
cultivator, and the escheating of the land where the plantations are located.

b. Planning and Preparation: The planning and operation shall be preceded by


intelligence gathering to verify the existence of marijuana plantation and the existence to
be supported by documentary evidence such as summary of information, maps,
sketches, photographs and others. The intelligence gathering must be appropriately
documented by pre-operations orders and after-casing reports.

c. Conduct of Operation:

1. Briefing, rehearsals, and proper formations.


2. Exact location of the plantation must be established.
3. Identify owner of the land or the cultivators.
4. Coordination with other operating units in the area.
5. Barangay eradication team should be organized.
6. Strict compliance with SOPs under Rules of Opns.

Mobile Checkpoint Operations

a. Concept: No other forms of checkpoints other than mobile checkpoints are authorized
for drug enforcement and prevention operations. They shall be established only in
conjunction with on-going operations/situation or when there is a need to arrest a
criminal.

b. Planning and Operation: Intensive intelligence gathering supported by credible


documents, with proper pre-operations orders and after surveillance or after casing
reports.

c. Conduct of Operations shall be in consonance with the existing SOPs on checkpoint


operations.

Airport and Seaport Interdiction

a. Concept: Airport and seaport interdiction involves the conduct of surveillance,


interception and interdiction of persons and evidence during travel by air or sea vessels.

b. Planning and Operation: Intensive intelligence gathering supported by credible


documents, with proper pre-operations orders and after surveillance or after casing
reports.

c. Conduct of Operations

1. Coordination with airport and seaport authorities.

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2. Operations shall be in consonance with the existing SOPs on airport and seaport
checks/operations.

Controlled Delivery

a. Concept: This is the technique of allowing illicit or suspect consignment of narcotic


drugs, psychotropic substances or substances substituted for them to pass out of,
through or into the territory of one or more countries, with the knowledge and under the
supervision of their competent authorities with a view to identifying persons involved in
the commission of drug related offenses. International cooperation in facilitating the
controlled delivery of illicit drugs is considered the most effective means to neutralize
transnational criminal syndicates.

b. Planning and Operation: Intensive intelligence gathering and evaluation to determine


the applicability of controlled delivery operations. It must be supported by credible
documents, with proper pre-operations orders and after surveillance or after casing
reports. A committee or board shall be constituted to study the project proposal for the
suitable employment of a controlled delivery operation.

c. Conduct of Operations

1. Proper formation for accounting of personnel


2. Coordination with airport, seaport and other travel agency authorities.
3. Operations shall be in consonance with the existing SOPs on controlled delivery
operations.

Undercover Operations

a. Concept: Undercover operation is an investigative technique in which the personnel


involve assumes different identities in order to obtain the necessary information. This
technique may also be considered as a method of surveillance.

b. Planning and Operation: Undercover operations shall be resorted to only under


circumstances where evidence can be hardly obtained in an open investigation or when
an open investigation is unsuccessful.

c. Conduct of Operations

1. Proper briefing and rehearsals.


2. Identification of effective cover and undercover.
3. Buy-bust or search with warrant operations.
4. Operations shall be in consonance with the existing SOPs on Undercover
operations.

Narcotic Investigation

a. Concept: Narcotic investigation is a necessary tool employed by drug enforcement


agencies in building up relevant and competent evidence, which are vital in the
development of a drug case. Several investigative techniques may be utilized for the
successful attainment of the operation. This include but not limited to use of informants,
interviewing, interrogation, surveillance operations and undercover operations.

b. Planning and Operation: The most effective way of investigative technique or


combination of two or more or all techniques under a given situation and setting that
shall be determined by considering the magnitude of drug law violations.

c. The conduct of investigation shall follow the basic steps in criminal investigation and
detection. The application of the following:

1. Initial Investigation
2. Tactical Investigation (Follow-up)
3. Post Operations
4. Custodial Investigations
5. After Investigation and Inquest

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d. Prosecution and filing of the case
e. Trial of the case

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