UNIFIED MANUAL IN THE

INVESTIGATION AND
PROSECUTION OF
ILLEGAL DRUGS CASES
 Republic of the Philippines Republic of the Philippines
Republic
Office of President
of the the Philippines
Office of the President
Office of the President
INTER-AGENCY COMMITTEE ON ANTI-ILLEGAL DRUGS
INTER-AGENCY COMMITTEE
National GovernmentON
Center,ANTI-ILLEGAL
Barangay Pinyahan, QuezonDRUGS
PHILIPPINE DRUG ENFORCEMENT AGENCY
PDEA Bldg. NIA Northside Road, City PDEA Bldg. NIA Northside Road, National Government Center, Barangay Pinyahan,
PDEA Bldg. NIA Northside Road, National Government Center, Barangay Pinyahan, Quezon City
e pdeatopstories
Quezon City 1100 I (02) 927-9702; (02) 928-4060; (02) 928-6358; (02) 928-5292
illll pdea.gov.ph O PDEA Top Stories O PDEA@PdeaTopStories
The illegal drug trade MESSAGEclaimedFROM
the life of CO-CHAIRMAN,
THE my younger brother,ICAD
Boboy, after a drugMESSAGE syndicate operating
FROM on inthe
THE Parañaque
CO-CHAIRMAN,and LasICAD
Piñas mistook
Printinghim for aUnified
of the drug informer
Manual and onon gunned
the him downand
Investigation
the on Prosecution
December 20, 1990
Printing in Tambo,
of the ofManual
Illegal Drugs
UnifiedParañaque. on theCases
Investigation and Prosecution
of Illegal Drugs Cases
1/tESSAt;E
Over the last three decades since my brother’s killing, I had
The illegal drug trade claimed the life of my younger brother, Boboy, after a drug syndicate
actively participated in various discussions and fora on illegal Adherence to rules and procedures defines
operating in Parañaque and Las Piñas mistook him for a drug informer and gunned him down
The
drugs illegal
and drug
on December 20,trade
crime claimed
prevention,
1990 in Tambo,the
andlifeprovided
of my younger
Parañaque. brother, Boboy, after a drug syndicate
recommendations
operating
to in Parañaqueagencies,
law enforcement and Las Piñas mistook
including himPhilippine
the for a drug informer
Drug and gunned him down professionalism of organizations.
on December
Enforcement 20,
Over the last Agency 1990 in Tambo,
(PDEA).
three decades Parañaque.
since my brother’s killing, I had actively participated in various
discussions and fora on illegal drugs and crime prevention, and provided recommendations to
Over
Prior themy
to last
law enforcement three
appointment decades
agencies, since my
inincluding
January the
12,brother’s
2018 askilling,
Philippine Drug I hadofactively
Enforcement
Chairman theAgency participated
(PDEA). in various The Unified Manual on Investigation and
discussions and fora on illegal drugs
Presidential Anti-Corruption Commission (PACC), and recently and crime prevention, and provided recommendations to
law enforcement
Prior to my appointment agencies, including
in January 12,the
2018Philippine
as ChairmanDrugofEnforcement
the Presidential Agency (PDEA).
Anti-Corruption Prosecution of Illegal Drugs Cases is very relevant
as Co-Chairman
Commission (PACC), of the andInter-Agency Committeeofon
recently as Co-Chairman theAnti- Illegal Committee on Anti-
Inter-Agency
Drugs
Illegal
Prior (ICAD)
toDrugs by President
(ICAD) by President
my appointment Rodrigo
in January RodrigoRoa Duterte,
Roa Duterte,
12, 2018 I have accepted
I have accepted
as Chairman various
various
of the Presidential positions
positions from from
Anti-Corruption and timely as it provides guidance in the
previous
previous administrations
administrations in in
order order
to to participate
participate and and
actively
Commission (PACC), and recently as Co-Chairman of the Inter-Agency Committee on Anti- actively
provide provide
inputs inputs
concerning concerning
heinous
heinous
crimesDrugs
Illegal crimes
related torelated
(ICAD) illegal to illegal Rodrigo
drugs.
by President drugs. Roa Duterte, I have accepted various positions from implementation of the anti-drug law and prosecution
previous administrations in order to participate and actively provide inputs concerning heinous of drugs cases. This is a big boost to the confidence
The unholy
The unholy alliance
alliance between corruption and the proliferation of illegal drugs must be
crimes related to illegalbetween drugs. corruption and the proliferation of illegal drugs must be
destroyed, and put an end to this social monster that threatens the very future of our youth
destroyed, and put an end to this social monster that threatens the very future of our youth
and our country. It is a mistake to ignore its potential to destroy an entire nation. of drug law enforcers to avert legal entanglements in
The our
and unholy country.allianceIt is abetween
mistake corruption
to ignore itsand the proliferation
potential to destroy an of entire
illegal nation.
drugs must be
destroyed,
The printing of the Unified Manual on the Investigation and Prosecution of Illegal DrugsofCases
and put an end to this social monster that threatens the very future our youth the performance of their duties and responsibilities.
and
The
couldour country.
printing
not have of comeIt is a
the Unified mistake
at a more to
Manual ignore its
on the
opportune potential to
Investigation
time, destroy
as the Duterte and an entire nation.
Prosecutionintensifies
Administration of IllegalitsDrugs
relentless
Cases could drive notagainst
havethe comeillegalatdrugs
a moretrade. This document
opportune time,ushers
as thein Duterte
a renewed hope in
Administration
The printing I welcome this undertaking as a fitting initiative as we consolidate our efforts
ensuring
intensifies itsofjustice
that the Unified
relentless is meted Manual
drive on the
foragainst
every Investigation
drug
the dealer andtrade.
illegalarrested,
drugs Prosecution
until the of Illegal
lastdocument
This drug lord Drugs
isushers Cases
finally in a
could
lockednot uphave come
or executed. at a more opportune time, as the Duterte
renewed hope in ensuring that justice is meted for every drug dealer arrested, until the last Administration intensifies its to address one of the most serious problems affecting our country today - illegal
relentless drive against the illegal drugs trade. This document ushers in a renewed hope in
drug
While lordthis isdocument
finally locked provides up or executed.
ensuring that justice is meted the neededdrug
for every guidance
dealerfor law enforcers
arrested, until the andlast
prosecutors,
drug lord is wefinally drugs.
hope for
locked upcontinued
or executed. vigilance and decisive action in preventing the entry and use of illegal drugs
While
in ourthis document
communities to provides
stem the tide the ofneeded
death andguidance for law
dysfunction amongenforcers
familiesandandprosecutors,
the lives of we
hope
While for
others thiscontinued
documentvigilance
affected by it. providesand the decisive action in preventing
needed guidance for law enforcers the entryandand use of illegal
prosecutors, we
drugs
hope for in continued
our communities vigilanceto and stem the tide
decisive actionof in
death and dysfunction
preventing the entry and among
use offamilies
illegal drugsand Let this manual be our beacon in complying with policies and procedures.
Forlives
the the tireless
of others efforts of theby
affected menit. and women behind this noteworthy achievement, I look
in our communities to stem the tide of death and dysfunction among families and the lives of
forward to the fruition of our labors towards a nation free of illegal drugs, and a healthier and
others
vibrantaffected
society. by it.
For the tireless efforts of the men and women behind this noteworthy achievement, I look
For
forwardthe tireless
Mabuhay tokayong efforts
the fruitionlahat! of of our
the labors
men and women
towards behind free
a nation this of
noteworthy
illegal drugs,achievement,
and a healthier I look
forward
and vibrantto the fruition of our labors towards a nation free of illegal drugs, and a healthier and
society.
vibrant
Signed,society.
Mabuhay kayong lahat!
Mabuhay kayong lahat!
NTEL
DANTE LA. JIMENEZ
Signed, Deputy Direct r General fo Operations
Co-Chairman, ICAD
Chairman, Presidential Anti-Corruption Commission (PACC)

26 September 2020
DANTE LA. JIMENEZ
Co-Chairman, ICAD
Chairman, Presidential Anti-Corruption Commission (PACC)

26 September 2020
MESSAGE FROM THE CO-CHAIR OF THE REHABILITATION AND
REINTEGRATION CLUSTER AND CO-CHAIR OF THE ADVOCACY
CLUSTER OF THE ICAD

Recognizing the extent of the drug problem in the

country, President Rodrigo Roa Duterte launched a
massive campaign against illegal drugs with the goal
of saving human lives and achieving a comfortable,
peaceful, and just society for all Filipinos.
MANUAL: Unified Manual on the Investigation and Prosecution of Illegal Drugs
The Government does not just view the country’s drug
Cases
problem as a law enforcement and criminality issue, but
as a health problem with social consequences.
MESSAGE FROM THE CO-CHAIR OF THE REHABILITATION AND
The Department ofCLUSTER
REINTEGRATION Social Welfare and Development
AND CO-CHAIR OF THE ADVOCACY CLUSTER OF
THE ICAD
(DSWD), as a Co-Chair of the Rehabilitation and
Reintegration Cluster and Advocacy Cluster of the Inter-
Agency Committee on Anti-Illegal Drugs, and as the lead
Recognizing the extent of the drug problem I the country, President Rodrigo Roa Duterte
agency in social protection, has been implementing the
launched a massive campaign against illegal drugs with the goal of saving human lives
Yakap Bayan aProgram
and achieving since
comfortable, 2017. and
peaceful, Through the Yakap
just society Bayan, we embrace the
for all Filipinos.
recovering persons who used drugs (RPWUDs) to renew their lives, return to their
families, and welcome
The Government them
does not backthe
just view to country’s
the foldsdrug
of society.
problem as a law enforcement and
criminality issue, but as a health problem with social consequences.
Together with their families and communities, we can build a strong network of
The Department
support of Social Welfare
for the RPWUDs, and Development
and transform them from (DSWD), as a into
surrenderers Co-Chair of that
leaders the
Rehabilitation and Reintegration Cluster and Advocacy Cluster of the Inter-Agency
we can work hand-in-hand with in keeping our country comfortable, peaceful, and
Committee on Anti-Illegal Drugs, and as the lead agency in social protection, has been
just.
implementing the Yakap Bayan Program since 2017. Through the Yakap Bayan, we
embrace the recovering persons who used drugs (RPWUDs) to renew their lives, return
Let’s stop
to their dreaming.
families, Let’s start
and welcome themweaving
back tointo
the reality
folds ofthe dream of a more prosperous
society.
Pearl of the Orient, not for us, but for the next generation.
Together with their families and communities, we can build a strong network of support
for the RPWUDs, and transform them from surrenderers into leaders that we can work
hand-in-hand with in keeping our country comfortable, peaceful, and just.

Let’s stop dreaming. Let’s start weaving into reality the dream of a more prosperous Pearl
of the Orient, not for us, but for the next generation.

UNDERSECRETARY JOSE ANTONIO R. HERNANDEZ

DSWD
TABLE OF
CONTENTS
DEFINITION OF TERMS AS USED IN THIS MANUAL 22 C. Search of a moving vehicle 108
ABBREVIATIONS 25 D. Consented warrantless searches 110
CHAPTER I: PURPOSE FOR A UNIFIED MANUAL 27 E. Customs Search 111
CHAPTER IL: GUIDING PRINCIPLES 31 F. Stop and Frisk 112
SEC. 1. GUIDING PRINCIPLES 33 G. Exigent and Emergency Circumstances 112
A. Presumption of Innocence and Burden of Proof 33 CHAPTER VI: DETENTION, ARREST, AND CONFESSION 115
B. Protection of the Public 33 SEC. 1. GENERAL PROVISIONS 117
C. Fair and Impartial Administration of Justice 33 A. Rights of Persons Arrested, Detained, or Under 118
D. Promotion of Public Trust 33 Custodial Investigation
E. Speedy Disposition of Cases 34 B. Custodial Investigation 119
SEC. 2. ADMINISTRATIVE AND TECHNICAL ASPECTS 34 SEC. 2. DETENTION 119
A. How the Unified Manual is constructed 34 SEC. 3. ARREST 120
B. How to Use the Manual as an Operational Tool 34 SEC. 4. IN FLAGRANTE DELICTO ARRESTS 121
C. How to Update the Manual 34 A. Requisites 121
CHAPTER III: ETHICAL STANDARDS 37 B. Overt Act Test 122
SEC. 1. DECLARATION OF POLICIES 39 C. Personal knowledge of arresting officer is required 123
SEC. 2. CONDUCT IN DISCHARGE OF OFFICIAL DUTIES 39 D. Example of In Flagrante Delicto 123
A. Commitment to public interest and promotion of the 39 E. Not In Flagrante Delicto 124
public trust F. Other Relevant Jurisprudence 125
B. Professionalism 39 SEC. 5. EXTRA-JUDICIAL CONFESSIONS 125
C. Justness, Integrity, and Sincerity 40 A. Admissibility: Constitutional limitation 125
D. Political Neutrality 40 B. Requisites 126
SEC. 3. PROVISIONS FOR MORE STRINGENT STANDARDS 40 C. Extrajudicial Confession is not a Sufficient Ground for 126
SEC. 4. STRICT COMPLIANCE 40 Conviction
CHAPTER IV: LEGAL FRAMEWORK 43 D. Confession is Presumed Voluntary page 127
CHAPTER V: SEARCHES AND SEIZURES 103 E. Voluntariness May Be Inferred from the Language 127
SEC. 1. WARRANTS FOR SEARCH AND SEIZURE OF 105 F. Personal Circumstances of Accused Must Be 127
EVIDENCE Considered
A. Purpose for Obtaining Search and Seizure Warrant 105 G. Extrajudicial Confession Made Before Media 128
B. Search Warrant Application Requirements 105 CHAPTER VII: OPERATION 131
C. Existence of Probable Cause 106 SEC. 1. INITIATORY ACTS 133
D. Description of Place - Sufficiency 106 SEC. 2. PLANNING/PREPARATION 133
E. Reasonable Particularity of Description of the Things 106 SEC. 3. COORDINATION REQUIREMENTS 134
F. Personal Determination by the Judge - Intent 107 SEC. 4. CONDUCT OF OPERATIONS 135
SEC. 2. EXCEPTIONS TO THE WARRANT REQUIREMENT IN 107 A. Plain In Flagrante Arrest 135
SEARCHES & SEIZURES FLOWCHART 1: IN FLAGRANTE OR BUY BUST 141
A. Warrantless search incidental to lawful arrest 108 B. Entrapment/Buy-Bust Operations 142
B. Plain view 108 C. Implementation of Search Warrants 145
 FLOWCHART 2: IMPLEMENTATION OF SEARCH 150 SEC. 12. ACTION TO BE TAKEN WHEN THERE IS A 174
WARRANT FINDING OF PROBABLE CAUSE
D. Eradication of Marijuana, Opium Poppy, and Other 151 SEC. 13. ACTION TO BE TAKEN WHEN THERE IS AN 174
Plant Sources of Dangerous Drugs ABSENCE OF PROBABLE CAUSE
FLOWCHART 3: ERADICATION 153 B. INOUEST OF CHILD IN CONFLICT WITH THE LAW (CICL) 174
E. Interdiction 154 SEC. I. DETERMINATION OF AGE 174
FLOWCHART 4: INTERDICTION 158 SEC. 2. BURDEN OF PROOF OF AGE 175
F. Controlled Delivery 159 SEC. 3. EXEMPTION FROM CRIMINAL LIABILITY 175
FLOWCHART 5: CONTROLLED DELIVERY (IN 161 SEC. 4. PROCEDURE FOR HANDLING CHILDREN 175
GENERAL) EXEMPTED FROM CRIMINAL LIABILITY
SEC. 5. REPORTING REQUIREMENTS 162 SEC. 5. FILING OF INFORMATION 176
SEC. 6. HANDLING, CUSTODY AND DISPOSITION OF DRUG 163 C. PRELIMINARY INVESTIGATION 176
AND NON-DRUG EVIDENCE SEC. 1. CONCEPT 176
A. Drug Evidence 163 SEC. 2. COMMENCEMENT 176
B. Non-Drug Evidence (To Be Covered in A Separate 165 SEC. 3. MATTERS TO BE DETERMINED 177
Inventory Sheet and Chain of Custody Form) D. COMMON PROVISIONS 177
C. Chain of Custody 166 SEC 1. DOCUMENTARY CHECKLISTS 177
FLOWCHART 6: ILLUSTRATION OF CHAIN 168 SEC 2. RESOLUTIONS 181
CUSTODY A. Periods 181
CHAPTER VIII: INOUEST PROCEEDING AND 169 B. Additional Contents in the Resolution 181
PRELIMINARY INVESTIGATION C. Parties Who Need to be Furnished with a Copy of 182
A. INQUEST 171 the Resolution
SEC. 1. CONCEPT 171 D. Dismissed Cases Subject for Automatic Review by 182
SEC. 2. VENUE OF INUEST CASES 171 the Secretary of Justice
SEC. 3. DATE AND TIME OF THE CONDUCT OF 171 E. Release of Recovered Articles 182
INQUEST PROCEEDINGS SEC. 3. INFORMATION 183
SEC. 4. COMMENCEMENT 171 A. Designation of Offense 183
SEC. 5. INCOMPLETE DOCUMENTS 172 B. Parties to be Copy Furnished 183
SEC. 6. MATTERS TO BE DETERMINED BY THE 172 CHAPTER IX: PREPARATIONS FOR TRIAL 185
INOUEST PROSECUTOR SEC. 1. REVIEW AND STUDY THE RECORDS OF THE CASE 187
SEC. 7. DETERMINATION OF THE ARREST BY THE 172 SEC. 2. OCULAR INSPECTION 188
INQUEST PROSECUTOR A. Purpose 188
SEC. 8. WHERE ARREST WAS PROPERLY EFFECTED 172 B. Motion 188
SEC. 9. WHERE ARREST WAS NOT PROPERLY 173 C. Subjects 188
ERECTED D. Activities 188
SEC. 10. RELEASE OF DETAINED PERSON FOR 173 SEC. 3. DESTRUCTION 190
FURTHER INVESTIGATION CHAPTER X: PLEA BARGAINING AND PRE-TRIAL 193
SEC. 11. INQUEST PROPER 173 SEC. 1. PLEA BARGAINING 195
 A. Applicable Rules in Plea Bargaining 195 LIST OF APPENDICES 211
B. Guidelines for the Prosecutor in Plea Bargaining 196 APPENDIX 1: TABLES I AND II OF ANNEX OF THE 1988 UN 214
SEC. 2. PRE-TRIAL 198 CONVENTION AGAINST ILLICIT TRAFFIC
A. What takes placeduring Pre-Trial 198 IN NARCOTIC, DRUGS AND PSYCHOTROPIC
CHAPTER XI: POST PROSECUTION 201 SUBSTANCES
SEC. 1. FORFEITURE 203 APPENDIX 2: CHAIN OF CUSTODY FORM FOR DRUG 215
SEC. 2. PETITION FOR CERTIORARI 204 EVIDENCE
A. Procedure 204 APPENDIX 3: CHAIN OF CUSTODY FORM FOR NON-DRUG 216
B. Period 204 EVIDENCE
SEC. 3. MONITORING OF DRUG CASES 205 APPENDIX 4: CHAIN OF CUSTODY FORM FOR LABORATORY 217
CHAPTER XII: MISCELLANEOUS PROVISIONS 207 APPENDIX 5: INVESTIGATION DATA FORM 218
SEC. 1. EFFECTIVITY 209 APPENDIX 6: CERTIFICATE OF INVENTORY OF SEIZED 220
SEC. 2. SUPERSEDING CLAUSE 209 ITEMS
SEC. 3. UNDERTAKING 209 APPENDIX 7: SAMPLE AFFIDAVIT OF POSEUR-BUYER 221
APPENDIX 8: SAMPLE AFFIDAVIT OF SEIZING OFFICER 223
APPENDIX 9: SAMPLE AFFIDAVIT OF INVESTIGATOR 225
APPENDIX 10: SAMPLE AFFIDAVIT OF ARRESTING OFFICER 227
APPENDIX 11: SALIENT FEATURES OF A.M. No. 21-02-01-SC 229
 Unified Manual in the Investigation and • Those also classified as such by the Dangerous Drugs Board pursuant to Section
93 Article XI of RA 9165 for domestic control; and
Prosecution of Illegal Drug Cases • Any preparation or mixture, containing its salts or isomers or analogs, and
those similarly designed or newly introduced drugs and their derivatives,
without having any therapeutic value or if the quantity is far beyond therapeutic
requirements.
Definition of Terms As Used in This Manual
Drug Suspect: Any person, whether natural or juridical, who is suspected of
violating any of the provisions of RA 9165, as amended, “The Volatile Substances
Arrest: The taking of a person into custody in order that s/he may be bound to
Act,” and other related laws or issuances.
answer for the commission of an offense.1
Entrapment: It is the employment of such ways and means for the purpose of
Chain of Custody Principle: The duly recorded authorized movements and
trapping or capturing a lawbreaker.2
custody of seized drugs or controlled precursors and essential chemicals or plant
sources of dangerous drugs or laboratory equipment of each stage, from the time of
In flagrante delicto: The arrest of a suspect who has just committed, or is in
seizure/confiscation to receipt in the forensic laboratory to safekeeping to delivery
the act of committing, or is attempting to commit a violation of RA 9165 in the
and presentation in court and for destruction by the proper authority. Such
presence of a law enforcement officer or a private person.
record of movements and custody of the seized item shall include the identity and
signature of the person who seized and other person/s who held temporary custody Intelligence Report: For purposes of this Unified Manual, it is any information
of the seized item, the date and time when such transfer of custody was made in the that can be extracted from the blotter, information reports, and/or Summary of
course of safekeeping and use in court as evidence, and the final disposition. Information, for the purpose of validation, verification, and counter-action.
Controlled Precursors and Essential Chemicals (CPECs): Those Interdiction: It is the detection, sorting, monitoring, inspection, interception or
substances listed in Tables I and II of the 1988 UN Convention Against Illicit disruption, and seizure of dangerous drugs, plant sources of dangerous drugs, and
Traffic in Narcotics Drugs and Psychotropic Substances as enumerated in Annex controlled precursors and essential chemicals, instruments, apparatus, equipment,
1 and those classified and may hereinafter be classified by the Dangerous Drugs and paraphernalia being transported by air, sea, or land and/or apprehension of
Board as such. The term CPECs, likewise includes any preparations or mixtures, the violator/s, some of which may occur simultaneously.
containing its salts or isomers or analogs, and those similarly designed or newly
introduced chemicals and their derivatives, without having any therapeutic value Investigation: It is the process of collecting information in a systematic manner
or if the quantity is far beyond therapeutic requirements. to determine the identity, location, modus operandi, and area of operation of a
drug suspect through interview/s, document gathering, surveillance, undercover
Corpus delicti: Evidence of the commission of the crime including but not limited activities, and other intelligence gathering to support the filing of a criminal case
to recovered and/or seized dangerous drugs, CPECs, paraphernalia, instruments or the arrest of a drug suspect or suspects.
and equipment in violation of RA 9165.
Investigator/Agent on case: The law enforcer who identifies suspects,
Dangerous Drugs: The following are considered dangerous drugs: interviews witnesses, and prepares documentation and other requisite documents.

• Those listed in the Schedules annexed to the 1961 Single Convention on Narcotic Marking: It is the placing by the seizing officer of his/her initials and signature on the
Drugs, as amended by the 1972 Protocol, made an integral part of RA 9165; items after they have been seized for the purpose of separating the marked evidence
from the corpus of all other similar or related evidence from the time they are seized
• Those listed in the Schedules annexed to the 1971 Single Convention on
from the accused until they are disposed of at the end of the criminal proceedings,
Psychotropic Substances, made an integral part of RA 9165;
removing the possibility of switching, planting, or contamination of evidence.3

2 See People of the Philippines v. Noel Bartolome, G.R. No 191726 February 06, 2013, citing People of
the Philippines v. Delia Bayani, G.R. No. 179150, June 17, 2008, 554 SCRA 741, 748-751.
1 Section 1, Rule 113, Revised Rules on Criminal Procedure.
3 See People of the Philippines v. Myrna Gayoso y Arguelles, G.R. No. 206590, March 27, 2017.

22 DEFINITION OF TERMS UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 23
Non-Drug Evidence: This refers to the evidence other than drug evidence ABBREVIATIONS
recovered and/or seized that can reasonably prove the commission of the offense.
AFP Armed Forces of the Philippines
Probable Cause (in warrantless searches): This means an actual belief or
reasonable grounds of suspicion. The grounds of suspicion are reasonable when, in AVSEGROUP Aviation Security Group
the absence of actual belief of the arresting officers, the suspicion that the person BI Bureau of Immigration
to be arrested is probably guilty of committing the offense is based on actual facts, BJMP Bureau of Jail Management and Penology
i.e., supported by circumstances sufficiently strong in themselves to create the Bureau of Customs
BOC
probable cause of guilt of the person to be arrested.4
CICL Child in Conflict with the Law
Probable Cause (in preliminary investigation): This is defined as such CPEC Controlled Precursors and Essential Chemicals
facts as that are sufficient to engender a well-founded belief that a crime has been DDB Dangerous Drugs Board
committed and that the respondent is probably guilty thereof.5 This is the basis for DOH Department of Health
filing a criminal information.
DOJ Department of Justice
Proof Beyond Reasonable Doubt: It is the degree of proof that produces moral EOD Explosive Ordinance Disposal
certainty excluding the possibility of error or that degree of proof which produces FEO Firearms and Explosive Office
conviction in an unprejudiced mind.6 GHB Gamma Hydroxyamphetamine
ICAD Inter-Agency Committee on Anti-Illegal Drugs
Search Warrant: It 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 IRR Implementing Rules and Regulations
search for personal property described therein and bring it before the court.7 LSD Lysergic Acid Diethylamine
LTO Land Transportation Office
Stop and Frisk Search/Terry Search: It is the act of a law enforcement officer MDM Methylenedioxymethamphetamine or commonly
of stopping a citizen on the street to interrogate him, and pat him for weapon(s) or
known as “Ecstasy”
contraband.8
NAIA Ninoy Aquino International Airport
Warrant of Arrest: A written order signed by a judge directing a law enforcement NAIA-IADITG Ninoy Aquino International Airport - Inter-Agency
officer to arrest a person charged with an offense. Drug Interdiction Task Group
NBI National Bureau of Investigation
NPS National Prosecution Service
OCA Office of the Court Administrator
OSG Office of the Solicitor General
PDEA Philippine Drug Enforcement Agency
PMA Paramethoxyamphetamine
PNP Philippine National Police
RA Republic Act
RRCP Revised Rules on Criminal Procedure
SAF Special Action Force
SC Supreme Court
TMA Trimethoxyamphetamine
TWG Technical Working Group
4 See Joey Pestilos, et al. v. Moreno Generoso and People of the Philippines, G.R. No. 182601 November 10, 2014.
5 See Marie Callo-Caridad v. Philip Ronald Esteban and Teodora Esteban, G.R. No. 191567 March 20, 2013. UNODC United Nations Office on Drugs and Crime
6 See Section 2, Rule 133, Revised Rules on Evidence (A.M. No. 19-08-15-SC).
7 Section 1, Rule 126, Rules on Criminal Procedure.
8 See Mario Veridiano y Sapi v. People, G.R. No. 200370, June 7, 2017.

24 DEFINITION OF TERMS UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 25
 CHAPTER 1:
PURPOSE FOR A UNIFIED MANUAL

26 DEFINITION OF TERMS UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 27
 CHAPTER I:
Purpose for A Unified Manual

On 6 March 2017, President Rodrigo Roa Duterte issued Executive Order No.
15 (E.O. 15) forming The Inter-Agency Committee on Anti-Illegal Drugs (ICAD)
with the function to ensure that all member agencies implement and comply with
all policies, laws, and issuances pertaining to the government’s dangerous drugs
campaign in an integrated and synchronized manner. In line with this, the ICAD,
through its Justice Cluster headed by the Department of Justice, constituted a
Technical Working Group (TWG) to formulate an investigation and prosecution
manual to guide law enforcement agents and the National Prosecution Service
in the investigation and prosecution of cases involving violations of Republic Act
No. 9165 (RA 9165), also known as “The Comprehensive Dangerous Drugs Act
of 2002”, as amended by Republic Act No. 10640 (RA 10640). This manual is a
significant step towards unifying the approach to dangerous drug investigation and
prosecution. This manual furthers the commitment of the justice system of the
Government to promote and administer justice fairly, effectively, and efficiently.

The law enforcement and prosecution agencies of the Republic of the Philippines
have come together with the intent to unify their approaches to the enforcement
of RA 9165 and related laws and issuances on control of dangerous drugs under
the constitution of the Republic. This manual reflects that intent to improve the
effectiveness of the Government’s capacity to protect the public from the dramatic
threat posed by drug trafficking and abuse by providing the enforcement official
or law enforcement officers with guidance as to how to approach his or her duties.

In some exceptional instances the practical circumstances of an investigation

or prosecution will require deviation for good cause from the recommended
guidance made in this manual. This is to be expected and has been contemplated
in the drafting of this guidance manual. Such deviation is not, by itself, a basis for
challenging the actions of the government.

28 PURPOSE FOR A UNIFIED MANUAL UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 29
 CHAPTER 2:
GUIDING PRINCIPLES

30 PURPOSE FOR A UNIFIED MANUAL UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 31
 CHAPTER II:
Guiding Principles

Sec. 1. Guiding Principles

A.  Presumption of Innocence and Burden of Proof

Section 2, Article III of the 1987 Constitution provides that “in all
criminal prosecutions, the accused shall be presumed innocent until
the contrary is proved.”

Section 2, Rule 133 of the Revised Rules of Court requires that “[i]n a
criminal case, the accused is entitled to an acquittal, unless his guilt
is shown beyond reasonable doubt. Proof beyond reasonable doubt
does not mean such a degree of proof, excluding possibility of error,
produces absolute certainty. Moral certainty only is required, or that
degree of proof which produces conviction in an unprejudiced mind.”
B.  Protection of the Public

It is the policy of the State to pursue an effective campaign against the

trafficking and use of dangerous drugs and other similar substances.
This policy is intended to promote peace and order and ensure public
safety.
C.  Fair and Impartial Administration of Justice

All purposes and objectives of a system of justice may be summed up in

the compliance of the general mandate that “justice shall be impartially
administered.” It also requires that those who are proven guilty of a
criminal offense after a full and fair legal process are held accountable
for their conduct and the victims of their evil acts can have confidence
that justice will be done.
D.  Promotion of Public Trust

The Constitutional mandate that “public office is a public trust” shall

serve as a guide in the conduct of officers in implementing this manual.9

9 Section 1, Article XI, 1987 Constitution.

32 GUIDING PRINCIPLES UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 33
 It is essential that the law enforcement and the justice system must updating and amending this Unified Manual when deemed necessary or
have the trust of the public in order to effectively fulfill their mandates. upon recommendation of any member of the Inter-Agency Committee
on Anti-Illegal Drugs. The manual shall be revised accordingly as laws
E. Speedy Disposition of Cases and procedures are created, revised, or amended.
All persons shall have the right to a speedy disposition of their cases
before all judicial, quasi-judicial, or administrative bodies. Such right
to a speedy trial and a speedy disposition of a case is violated only when
the proceeding is attended by vexatious, capricious, and oppressive
delays.

Sec. 2. Administrative and Technical Aspects

A. How the Unified Manual is constructed

The manual reflects the intent to provide guidance and to improve the
effectiveness of law enforcement agents and prosecutors in conducting
investigations and prosecution of violations for RA 9165. It is expected
that all law enforcement agents and prosecutors will become familiar
with the contents of the manual and will comply with the policies and
procedures.

The manual is based on law, jurisprudence, procedures, and best

practices in addressing circumstances pertaining to investigation and
prosecution of cases involving illegal drugs. Note, however, that the
manual does not intend to address all possible circumstances
B. How to Use the Manual as an Operational Tool

All law enforcement agencies and prosecution shall use this Unified
Manual as a guide in the investigation and prosecution of dangerous
drug cases without prejudice to existing laws and jurisprudence. Existing
Operational Policies, Standard Operating Procedures, and Directives of
different agencies which are consistent with this Unified Manual shall
continue to be operational; otherwise, these are deemed superseded.
Concerned agencies shall update their respective administrative and
operational issuances relative to the operation, investigation, and
prosecution of illegal drugs in accordance with this Unified Manual.
C. How to Update the Manual

The Department of Justice, in coordination of the Philippine Drug

Enforcement Agency (PDEA), shall be the lead agency responsible for

34 GUIDING PRINCIPLES UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 35
 CHAPTER 3:
ETHICAL STANDARDS

36 GUIDING PRINCIPLES UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 37
 CHAPTER III:
Ethical Standards

Sec. 1. Declaration of Policies

It is the policy of the State to promote the highest standard of ethics in public
service in terms of law enforcement and prosecution of dangerous drugs cases, to
include its respective responsibilities and accountabilities.

The Constitutional mandate that “public office is a public trust” shall serve as a
guide in the conduct of officers in implementing this manual. “All government
officials and employees must at all times be accountable to the people, serve them
with utmost responsibility, integrity, loyalty, and efficiency; act with patriotism
and justice and lead modest lives.”

Sec. 2. Conduct in Discharge of Official Duties10

Law enforcers and prosecutors shall observe the following as standards of personal
and professional conduct in the discharge and execution of official duties.
A.  Commitment to public interest and promotion of the public
trust

Law enforcers and prosecutors shall always uphold the public interest
over and above personal interest. All government resources and powers
of their respective offices must be employed and used efficiently,
effectively, honestly, and economically, particularly to avoid wastage in
public funds and revenues.

Law enforcers and prosecutors shall act in a transparent manner that

promotes accountability and public trust and enhances the effectiveness
of law enforcement agencies and institutions.11

B.  Professionalism

Law enforcers and prosecutors shall perform and discharge their duties
with the highest degree of excellence, professionalism, intelligence, and
skill. They shall enter public service with utmost devotion and dedication

10 RA 9165 as amended by RA No. 10640, Revised Penal Code, Rules of Court.

11 Section 1, Article IX, 1987 Constitution.

38 ETHICAL STANDARDS UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 39
 to their duty. They shall endeavor to discourage wrong perceptions of
their roles as dispensers or peddlers of undue patronage.

C.  Justness, Integrity, and Sincerity

Law enforcers and prosecutors shall remain true to the people at all
times. They must act with justness, integrity, and sincerity. They
shall not discriminate against anyone, especially the poor and the
underprivileged, and they shall process all cases with utmost integrity.
They shall at all times respect the rights of others, and shall refrain from
doing acts contrary to law, good morals, good customs, public policy,
public order, public safety, and public interest.

D.  Political Neutrality

Law enforcers and prosecutors shall provide service to everyone without

unfair discrimination and regardless of party or political affiliation or
preference.

Sec. 3. Provisions for More Stringent Standards.

Nothing in this Chapter shall be construed to derogate from any law or any
regulation prescribed by any governmental authority or agency, which provides for
more stringent standards for law enforcement and prosecution.

Sec. 4. Strict Compliance

Failure to comply with the provisions of this Unified Manual may give rise to
administrative and/or criminal liability under RA 9165, as amended by RA 10640,
the Revised Penal Code, as amended, the Rules of Court, and other pertinent laws.
However, as stated in the introduction, in some exceptional instances the practical
circumstances of an investigation or prosecution will require deviation for good
cause from the recommended guidance made in this manual. This is to be expected
and has been contemplated in the drafting of this guidance manual. Such deviation
is not, by itself, a basis for challenging the actions of the government or recourse
against a government agent.

40 ETHICAL STANDARDS UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 41
 CHAPTER 4:
LEGAL FRAMEWORK

42 ETHICAL STANDARDS UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 43
 EVIDENCE TO PROVE DOCUMENTARY/
TITLE AND ELEMENTS
THE ELEMENTS OBJECT REQUIREMENTS

Section 4. Testimonial: Documentary and

Importation of Object:
Dangerous Drugs • Testimony of the
and/or Controlled investigating or • Complaint or
Precursors and arresting police Referral Letter;
Essential Chemicals. officer who will testify
on the importation • Affidavit of Seizing
Elements of of the drugs and Officer;
Importation: the identification
of the accused as • Affidavit of Arresting
• Bringing or the importer of said Officer;
importing of the dangerous drugs;
dangerous drugs • PDEA Certificate of
into the Philippines; • Testimony of the Coordination;
and Seizing Officer who
will testify on the • The dangerous drugs
• Without being seizing, marking, and/ or controlled
authorized by law.12 photographing,
photographing, precursor and
inventory,
inventory, and essential chemicals;
• NB: The authority custody of the seized
referred to in Sec. 4 drugs; • Spot Report, if any;
pertains to license
and permits issued • Testimony of the • Chain of Custody
by PDEA.13 chemist who will Form;
testify and identify
the seized drug, the • Inventory Sheet;
test conducted, and
the results of the test. • Photographs of the
S/he will identify the seized dangerous
Test Report; drugs and/or
controlled precursor
• Testimony
Testimony of the of and essential
the
Investigating
Investigating
Officer/ chemicals;
O f f i c efor
Agent, r/Apurposes
gent,
for purposes
of backtracking
of • Photographs taken
backtracking
process; during the marking
process; and inventory of the
seized items;

12 See People v. Liu, G.R. No. 189272, January 21, 2015.

13 DBB Resolution No. 1 s. 2014.

44 LEGAL FRAMEWORK UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 45
 EVIDENCE TO PROVE DOCUMENTARY/ EVIDENCE TO PROVE DOCUMENTARY/
TITLE AND ELEMENTS TITLE AND ELEMENTS
THE ELEMENTS OBJECT REQUIREMENTS THE ELEMENTS OBJECT REQUIREMENTS

• Request for Laboratory buyer and seller, • Testimony of the • Spot Report, if any;
Examination; the object and chemist who will
consideration; and testify and identify • Chain of Custody
• Chemistry Report; the seized drug, the Form;
• The delivery of the test conducted, and
• Booking/Information thing sold and the the results of the test. • Inventory Sheet;
of arrested suspects; payment for it.15 S/he will identify the
Test Report. • Photographs of the
• Photographs or mug Trading – seized dangerous
shots of arrested Transactions involving drugs and/or
suspect/s; and the illegal trafficking controlled precursor
of dangerous drugs and essential
• Certification from the and/or controlled chemicals;
Compliance Service precursors and
(for Regulated Drugs). essential chemicals • Photographs taken
using electronic during the marking
devices such as, but and inventory of the
not limited to, text seized items;
messages, e-mail,
Section 5. Sale, Testimonial: Documentary and mobile or landlines, • Request for Laboratory
Trading, Administration, Object: two-way radios, Examination;
Dispensation, Delivery, • Testimony of the internet, instant
Distribution, and poseur buyer, • Complaint or Referral messengers, and chat • Chemistry Report;
Transportation. or anybody who Letter; rooms or acting as a
witnessed the broker in any of such • Booking/Information
Sell – Act of giving transaction, who will • Affidavit of Seizing transactions whether of the arrested
away any dangerous testify on the operation Officer; for money or any suspects;
drug and/or controlled and identify the seller, other consideration in
precursor and essential the buyer, the drugs, • Affidavit of Arresting violation of this Act.16 • Photographs or mug
chemical whether for and the money; Officer; shots of the arrested
money or any other Administer – Any suspects;
consideration.14 • Testimony of the • PDEA Certificate of act of introducing any
Seizing Officer who Coordination; dangerous drug into • Mode of conveyance;
Elements of Illegal will testify on the the body of any person, and
Sale seizing, marking, • The dangerous drugs with or without his/
photographing, and/ or controlled her knowledge, by • Other documents
• Identities of the buyer inventory, and custody precursor and injection, inhalation, like official receipt
and seller, the object of the seized drugs; essential chemicals; ingestion, or of the vehicle, bill of

14 Section 3[ii], Article I, RA 9165. 15 See People v. Ventura y Natividad, G.R. No. 184957, October 27, 2009, 619 Phil 536-557.
16 Section 3 [jj], Article I, RA 9165.

46 LEGAL FRAMEWORK UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 47
 EVIDENCE TO PROVE DOCUMENTARY/ EVIDENCE TO PROVE DOCUMENTARY/
TITLE AND ELEMENTS TITLE AND ELEMENTS
THE ELEMENTS OBJECT REQUIREMENTS THE ELEMENTS OBJECT REQUIREMENTS

other means, or of of the vehicle, bill of Worthy of note is

committing any act lading. that the delivery
of indispensable may be committed
assistance to a person even without
in administering a consideration.19
dangerous drug to
himself/herself unless Dispense – Any act of
administered by a duly giving away, selling or
licensed practitioner distributing medicine
for purposes of or any dangerous drug
medication.17 with or without the use
of prescription.20
Deliver – Any act
of knowingly passing
a dangerous drug to Element for Testimonial: Documentary and
another, personally or Transportation: Object:
otherwise, and by any • Testimony of the
means, with or without The essential element arresting officer who • Complaint or
consideration.18 of the charge is the will testify on the Referral Letter;
movement of the recovery of the drugs
dangerous drug from from the possession • Affidavit or Sworn
Elements for one place to another. of the accused, the Statement of seizing
Delivery seizing, marking, officer or undercover
Transport as used photographing, and agent, whenever
• The accused passed under the Dangerous inventory and applicable;
on possession of a Drugs Act is defined custody of the seized
dangerous drug to to mean “to carry or drugs and the fact • Affidavit or Sworn
another, personally convey from one place that the accused Statement of
or otherwise, and by to another.”21 had no authority to Arresting Officer;
any means; possess said drugs;
• Affidavit or
• Such delivery is not • Testimony of the Sworn Statement
authorized by law; chemist who will of Investigator,
and testify and identify whenever applicable;
the seized drug, the
• The accused test conducted, and • Certification from
knowingly made the results of the test. Compliance Service;
the delivery. S/he will identify the

17 Section 3[a], Article I, RA 9165. 19 See People v. Maongco, G.R. No. 196966, October 23, 2013.
18 Section 3[k], Article I, RA 9165. 20 Section 3[m], Article I, RA 9165.
21 See People v. Samanoding, G.R. No. 199938, January 28, 2013.

48 LEGAL FRAMEWORK UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 49
 EVIDENCE TO PROVE DOCUMENTARY/ EVIDENCE TO PROVE DOCUMENTARY/
TITLE AND ELEMENTS TITLE AND ELEMENTS
THE ELEMENTS OBJECT REQUIREMENTS THE ELEMENTS OBJECT REQUIREMENTS

Test Report. • Certificate of of the S or P License whenever applicable;

Coordination; and Permit of the and
• Testimony of drug suspect; and
the Investigator, • Photographs of the • Certificate of Orderly
whenever applicable, dangerous drugs or • Testimony of two Search, whenever
who conducted, or CPECs; (2) insulating applicable.
was a part of the witnesses.
team conducted, • Mode of conveyance;
or was a part of the
team who conducted • Inventory Sheet; Elements of Testimonial: Documentary and
a backtracking Trading (Using Object:
investigation on the • Request for Laboratory Electronic Devices) • Testimony of the
matter, collection Examination; Seizing Officer who • Complaint or
and collation of • There was a will testify on the Referral Letter
evidence, and the • Chain of Custody transaction involving seizure, confiscation,
preparation of Form; the trafficking and processing • Affidavit or Sworn
documents relative of dangerous (marking, taking of Statement of Seizing
to the filing of the • Acknowledgment drugs or CPECs, photographs, and Officer or Poseur
case; Receipt; (i.e. cultivation, inventory) of the Buyer;
culture, delivery, dangerous drugs or
• Testimony of the • Chemistry Report; administration, CPECs; • Affidavit or Sworn
chemist who will dispensation, Statement of
testify and identify • Arrest and Booking manufacture, • Testimony of the Arresting Officer;
the seized dangerous Sheet; sale, trading, Arresting Officer
drugs, CPECs, the transportation, who will testify on • Affidavit or Sworn
test conducted, and • Photographs or distribution, the circumstances Statement of
the results of the mug shots of Drug importation, surrounding the Investigator;
test. The chemist Suspect/s exportation, and apprehension, reading
will identify the Test possession); of the Miranda • Certification from
Report. With Search Warrant Rights, and the Compliance
(additional evidence) • The transaction the processing Service;
• Testimony of the was facilitated or (booking, medical
Dangerous Drugs • Application for consummated using examination, drug • Certificate of
Regulatory Officer Search Warrant, electronic devices. testing) of the drug Coordination;
of the Compliance whenever applicable; suspect;
Service who will • There was a • Photographs of the
testify on the • Search Warrant, transaction involving • Testimony of dangerous drugs or
presence or absence whenever applicable; the trafficking the Investigator, CPECs;

50 LEGAL FRAMEWORK UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 51
 EVIDENCE TO PROVE DOCUMENTARY/ EVIDENCE TO PROVE DOCUMENTARY/
TITLE AND ELEMENTS TITLE AND ELEMENTS
THE ELEMENTS OBJECT REQUIREMENTS THE ELEMENTS OBJECT REQUIREMENTS

of dangerous whenever applicable, • Inventory Sheet; presence or absence whenever applicable;

drugs or CPECs, who conducted, or of the S or P License
(i.e. cultivation, was a part of the team • Request for Laboratory and Permit of the • Search Warrant,
culture, delivery, who conducted, Examination; drug suspect; whenever applicable;
administration, a backtracking and
dispensation, investigation on the • Chain of Custody • Testimony of the
manufacture, matter, collection Form; two (2) insulating • Certificate of Orderly
sale, trading, and collation of witnesses Search, whenever
transportation, evidence, and the • Acknowledgement applicable.
distribution, preparation of Receipt;
importation, documents relative
exportation, and to the filing of the • Chemistry Report; Elements of Testimonial: Documentary and
possession); case; Trading (Acting Object:
• Arrest and Booking as a Broker) • Testimony of the
• The transaction • Testimony of the Sheet; Seizing Officer who • Complaint or
was facilitated or chemist who will • There must be a will testify on the Referral Letter
consummated using testify and identify • Photographs or transaction involving seizure, confiscation,
electronic devices. the seized dangerous mug shots of Drug the trafficking and processing • Affidavit or Sworn
drugs, CPECs, the Suspect; of dangerous (marking, taking of Statement of Seizing
test conducted, and drugs or CPECs, photographs, and Officer or Poseur
the results of the • Digital Forensic i.e. cultivation, inventory) of the Buyer;
test. The chemist Examination culture, delivery, dangerous drugs or
will identify the Test whenever applicable; administration, CPECs; • Affidavit or Sworn
Report. dispensation, Statement of
• Digital Devices; manufacture, • Testimony of the Arresting Officer;
• Testimony of the sale, trading, Arresting Officer
Digital Forensics • Photographs of transportation, who will testify on • Affidavit or
Examiner who will Digital Devices; distribution, the circumstances Sworn Statement
testify on the forensic importation, surrounding the of Investigator,
examination of the • Transaction Records. exportation, and apprehension, reading whenever applicable;
digital devices; possession;22 of the Miranda
With Search Warrant Rights, and the • Certification from
• Testimony of the (additional evidence) • The transaction processing (booking, the Compliance
Dangerous Drugs was facilitated or medical examination, Service;
Regulatory Officer • Application for consummated using drug testing) of the
of the Compliance Search Warrant, electronic devices; drug suspect; • Certificate of
Service who will whenever applicable; Coordination;
testify on the

22 Section 3 (jj) of RA 9165.

52 LEGAL FRAMEWORK UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 53
 EVIDENCE TO PROVE DOCUMENTARY/ EVIDENCE TO PROVE DOCUMENTARY/
TITLE AND ELEMENTS TITLE AND ELEMENTS
THE ELEMENTS OBJECT REQUIREMENTS THE ELEMENTS OBJECT REQUIREMENTS

• The accused • Testimony of • Photographs of the Service who will With Search Warrant
brokered or the Investigator, dangerous drugs or testify on the (additional evidence)
facilitated the whenever applicable, CPECs; presence or absence
commission of any who conducted, or of the S or P License • Application for
of the transactions was a part of the team • Inventory Sheet; and Permit of the Search Warrant,
mentioned; and who conducted, drug suspect; and whenever applicable;
a backtracking • Request for Laboratory
• Whether for investigation on the Examination; • Testimony of the • Search Warrant,
money or other matter, collection two (2) insulating whenever applicable;
consideration.23 and collation of • Chain of Custody witnesses and
evidence, and the Form;
preparation of • Certificate of Orderly
documents relative • Acknowledgement Search, whenever
to the filing of the Receipt; applicable.
case;
• Chemistry Report;
• Testimony of the Elements of Testimonial: Documentary and
chemist who will • Arrest and Booking Administration Object:
testify and identify Sheet; • Testimony of the
the seized dangerous • A dangerous drug victim • Complaint or
drugs, CPECs, the • Photographs or or CPEC was Referral Letter
test conducted, and mug shots of Drug introduced into the • Testimony of the
the results of the Suspect; body of any person Seizing Officer who • Affidavit or Sworn
test. The chemist with or without will testify on the Statement of
will identify the Test • Digital Forensic his knowledge by seizure, confiscation, Seizing Officer or
Report; Examination injection, inhalation, and processing Undercover Agent,
whenever applicable; ingestion or any (marking, taking of whenever applicable;
• Testimony of the other means, or of photographs, and
Digital Forensics • Digital Devices; committing any inventory) of the • Affidavit or Sworn
Examiner who will act of assistance dangerous drugs or Statement of
testify on the forensic • Photographs of to a person in CPECs; Arresting Officer;
examination of the Digital Devices; administering a
digital devices; dangerous drug to • Testimony of the • Affidavit or
• Transaction Records. himself/herself; and Arresting Officer Sworn Statement
• Testimony of the who will testify on of Investigator,
Dangerous Drugs • The person who the circumstances whenever applicable;
Regulatory Officer administered the surrounding the
of the Compliance dangerous drug apprehension, reading • Certification from

23 Ibid.

54 LEGAL FRAMEWORK UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 55
 EVIDENCE TO PROVE DOCUMENTARY/ EVIDENCE TO PROVE DOCUMENTARY/
TITLE AND ELEMENTS TITLE AND ELEMENTS
THE ELEMENTS OBJECT REQUIREMENTS THE ELEMENTS OBJECT REQUIREMENTS

has no authority of the Miranda the Compliance of the Compliance With Search Warrant
to administer the Rights, and Service; Service who will (additional evidence)
same.24 Certificate the processing testify on the
of Orderly Search, (booking, medical • Certificate of presence or absence • Application for
whenever applicable. examination, drug Coordination; of the S or P License Search Warrant,
testing) of the drug and Permit of the whenever applicable;
suspect; • Photographs of the drug suspect; and
dangerous drugs or • Search Warrant,
• Testimony of CPECs; • Testimony of the whenever applicable;
the Investigator, two (2) insulating and
whenever applicable, • Inventory Sheet; witnesses
who conducted, or • Certificate of
was a part of the team • Request for Laboratory Orderly Search,
who conducted, Examination; whenever applicable.
a backtracking
investigation on the • Chain of Custody
matter, collection Form;
and collation of
evidence, and the • Acknowledgement Elements of Testimonial: Documentary
preparation of Receipt; Dispensation
documents relative • Testimony of the • Complaint or
to the filing of the • Chemistry Report; • A dangerous drug Seizing Officer who Referral Letter
case; or CPEC was given will testify on the
• Arrest and Booking away, sold, or seizure, confiscation, • Affidavit or Sworn
• Testimony of the Sheet; distributed; and processing Statement of
chemist who will (marking, taking of Seizing Officer or
testify and identify • Photographs or • The person who photographs, and Undercover Agent,
the seized dangerous mug shots of Drug gave away, sold, inventory) of the whenever applicable;
drugs, CPECs, the Suspect; or distributed the dangerous drugs or
test conducted, and dangerous drug CPECs; • Affidavit or Sworn
the results of the • Medico-Legal Report, or CPEC has no Statement of
test. The chemist in case there is a authority to do so; • Testimony of the Arresting Officer;
will identify the Test victim. and Arresting Officer
Report; who will testify on • Affidavit or
• The dispensation the circumstances Sworn Statement
• Testimony of the was made with or surrounding the of Investigator,
Dangerous Drugs without the use of apprehension, reading whenever applicable;
Regulatory Officer prescription.

24 Section 3 (jj) of RA 9165.

56 LEGAL FRAMEWORK UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 57
 EVIDENCE TO PROVE DOCUMENTARY/ EVIDENCE TO PROVE DOCUMENTARY/
TITLE AND ELEMENTS TITLE AND ELEMENTS
THE ELEMENTS OBJECT REQUIREMENTS THE ELEMENTS OBJECT REQUIREMENTS

of the Miranda • Certification from Service who will applicable; and

Rights, and the Compliance testify on the
the processing Service; presence or absence • Certificate of
(booking, medical of the S or P License Orderly Search,
examination, drug • Certificate of and Permit of the whenever applicable.
testing) of the drug Coordination; drug suspect; and
suspect;
• Photographs of the • Testimony of the
• Testimony of dangerous drugs or two (2) insulating
the Investigator, CPECs; witnesses
whenever applicable,
who conducted, or • Inventory Sheet;
was a part of the team Elements of Testimonial: Documentary
who conducted, • Request for Laboratory Delivery
a backtracking Examination; • Testimony of the • Complaint or
investigation on the • The accused passed Seizing Officer who Referral Letter
matter, collection • Chain of Custody the possession of a will testify on the
and collation of Form; dangerous drug to seizure, confiscation, • Affidavit or Sworn
evidence, and the another, personally and processing Statement of
preparation of • Acknowledgement or otherwise, and by (marking, taking of Seizing Officer or
documents relative Receipt; any means; photographs, and Undercover Agent,
to the filing of the inventory) of the whenever applicable;
case; • Chemistry Report; • Such delivery is not dangerous drugs or
authorized by law; CPECs; • Affidavit or Sworn
• Testimony of the • Arrest and Booking and Statement of
chemist who will Sheet; • Testimony of the Arresting Officer;
testify and identify • The accused Arresting Officer
the seized dangerous • Photographs or knowingly made who will testify on • Affidavit or
drugs, CPECs, the mug shots of Drug the delivery the circumstances Sworn Statement
test conducted, and Suspect. with or without surrounding the of Investigator,
the results of the consideration.25 apprehension, reading whenever applicable;
test. The chemist With Search Warrant of the Miranda rights
will identify the Test (additional evidence) and the processing • Certification from the
Report; (booking, medical Compliance Service;
• Application for examination, drug
• Testimony of the Search Warrant, testing) of the drug • Certificate of
Dangerous Drugs whenever applicable; suspect; Coordination;
Regulatory Officer

25 See People v. Carrera, G.R. No. 215731, September 2, 2015.

58 LEGAL FRAMEWORK UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 59
 EVIDENCE TO PROVE DOCUMENTARY/ EVIDENCE TO PROVE DOCUMENTARY/
TITLE AND ELEMENTS TITLE AND ELEMENTS
THE ELEMENTS OBJECT REQUIREMENTS THE ELEMENTS OBJECT REQUIREMENTS

• Testimony of • Photographs of the • Testimony of the Search, whenever

the Investigator, dangerous drugs or two (2) insulating applicable.
whenever applicable, CPECs; witnesses
who conducted, or
was a part of the team • Inventory Sheet;
who conducted, Elements of Prima Testimonial: Documentary
a backtracking • Request for Laboratory Facie Proof of
investigation on the Examination; Manufacture of • Testimony of the • Complaint or
matter, collection Dangerous Drugs Seizing Officer who Referral Letter
and collation of • Chain of Custody will testify on the
evidence, and the Form; • CPECs or laboratory seizure, confiscation, • Affidavit or Sworn
preparation of equipment are found and processing Statement of Seizing
documents relative • Acknowledgement in a clandestine (marking, taking of Officer;
to the filing of the Receipt; laboratory; photographs, and
case; inventory) of the • Affidavit or Sworn
• Chemistry Report; • The person who dangerous drugs or Statement of
• Testimony of the owns, manages, CPECs; Arresting Officer;
chemist who will • Arrest and Booking or possesses
testify and identify Sheet; the clandestine • Testimony of the • Affidavit or
the seized dangerous laboratory has Arresting Officer Sworn Statement
drugs, CPECs, the • Photographs or no authority to who will testify on of Investigator,
test conducted, and mug shots of Drug possess CPECs the circumstances whenever applicable;
the results of the Suspect. and manufacture surrounding the
test. The chemist dangerous drugs; apprehension, reading • Certification from
will identify the Test With Search Warrant and of the Miranda rights the Compliance
Report; (additional evidence) and the processing Service;
• The laboratory has (booking, medical
• Testimony of the • Application for been certified as examination, drug • Certificate of
Dangerous Drugs Search Warrant, clandestine by the testing) of the drug Coordination;
Regulatory Officer whenever applicable; Laboratory Service suspect;
of the Compliance of PDEA. • Certification from
Service who will • Search Warrant, • Testimony of the Laboratory
testify on the whenever applicable; the Investigator, Service;
presence or absence and whenever applicable,
of the S or P License who conducted, or • Photographs of the
and Permit of the • Certificate of Orderly was a part of the team dangerous drugs or
drug suspect; and Search, whenever who conducted, CPECs;

60 LEGAL FRAMEWORK UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 61
 EVIDENCE TO PROVE DOCUMENTARY/ EVIDENCE TO PROVE DOCUMENTARY/
TITLE AND ELEMENTS TITLE AND ELEMENTS
THE ELEMENTS OBJECT REQUIREMENTS THE ELEMENTS OBJECT REQUIREMENTS

a backtracking • Inventory Sheet; Section 6. Testimonial: Documentary

investigation on the Maintenance of a Den,
matter, collection • Request for Laboratory Dive or Resort. • Witness/es who • Complaint or
and collation of Examination; will testify that (a) Referral Letter;
evidence, and the Elements: the place is a den or
preparation of • Chain of Custody a place where any • Affidavit of Seizing
documents relative Form; Offenders: controlled precursor Officer;
to the filing of the and essential
case; • Acknowledgement Maintainer: chemical is used • Affidavit of Arresting
Receipt; or sold in any form Officer;
• Testimony of the • Accused is and (b) the accused
chemist who will • Chemistry Report; maintaining a maintains the place; • PDEA Certificate of
testify and identify den where any Coordination (when
the seized dangerous • Arrest and Booking dangerous drug is • Testimony of the applicable);
drugs, CPECs, the Sheet; administered, used, Seizing Officer who
test conducted and or sold; and will testify on the • The dangerous drugs
the results of the • Photographs or seizing, marking, and/ or controlled
test. The chemist mug shots of Drug • The alleged drug photographing, and precursor and
will identify the Test Suspect den is a place where inventory and essential chemicals;
Report; dangerous drugs are custody of the seized
With Search Warrant regularly sold to and/ drugs; • Spot Report, if any;
• Testimony of the (additional evidence) or used by customers
Dangerous Drugs of the maintainer of • Testimony of the • Chain of Custody
Regulatory Officer • Application for the den.26 chemist who will Form;
of the Compliance Search Warrant, testify and identify
Service who will whenever applicable; Owner: the seized drug, the • Inventory Sheet;
testify on the test conducted, and
presence or absence • Search Warrant, • The accused is the the results of the test. • Photographs of the
of the S or P License whenever applicable; owner of the den, S/he will identify the seized dangerous
and Permit of the and dive or resort (even if Test Report. drugs and/or
drug suspect; and not the maintainer); controlled precursor
• Certificate of Orderly and and essential
• Testimony of the Search, whenever chemicals;
two (2) insulating applicable. • Intentionally uses
witnesses his property as a den, • Photographs taken
dive or resort. during the marking
and inventory of the
seized items;

26 See People v. Ramil Galicia y Chavez, (G.R. No. 218402 February 14, 2018.

62 LEGAL FRAMEWORK UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 63
 EVIDENCE TO PROVE DOCUMENTARY/ EVIDENCE TO PROVE DOCUMENTARY/
TITLE AND ELEMENTS TITLE AND ELEMENTS
THE ELEMENTS OBJECT REQUIREMENTS THE ELEMENTS OBJECT REQUIREMENTS

Financier, Manager, • Request for Laboratory maintainer, owner and essential Visitors
Organizer, Examination; and/ or operator of a chemical is used
Maintainer: den, dive or resort in or sold in any form • Affidavit of witness/
• Chemistry Report; connection with the and (b) the accused es; and
• The place is a den, operation thereof; maintains the place;
dive or resort where • Booking/Information • Affidavit of the
dangerous drugs are of the arrested • S/he is aware that • Witness/es who Arresting Officer/s.
regularly sold to and/ suspects; and the place is a den, will testify that (a)
or used by customers dive or resort; and the accused is an
of the maintainer of • Photographs or mug employee of the
the den; and shots of the arrested • S/he acts with maintainer, owner,
suspects. or without and/or operator of a
• The accused compensation.27 den, dive or resort in
finances, manages With Search Warrant connection with the
or organizes any of (additional evidence) Visitors operation thereof, (b)
the illegal activities the accused is aware
in the den, dive or • Application for • S/he or she knew of the nature of the
resort. Search Warrant, that the place visited place, and (c) s/he
whenever applicable; was a drug den, dive acts with or without
or resort; and compensation.
• Search Warrant,
whenever applicable; • S/he or she Visitors
and nonetheless visited
the place despite this • Witness/es who
• Certificate of Orderly knowledge.28 will testify that (a)
Search, whenever the place is a den or
applicable. a place where any
controlled precursor
and essential
chemical is used
Section 7. Employees Employees Employees or sold in any form
and Visitors of a Den, Testimonial: and (b) the accused
Dive or Resort. • Affidavit of witness/ maintains the place;
• Witness/es who es; and or sold in any form
Employees will testify that (a) and (b) the accused
the place is a den or • Affidavit of the maintains the place;
• Accused is an a place where any Arresting Officer/s.
employee of the controlled precursor • Witness/es who

27 Special Penal Laws, Vol II by Judge Marlo Campanilla, 2010, p. 38.

28 See Medel Coronel y Santillan et. al. v. People, G.R. No. 214536, March 13, 2017.

64 LEGAL FRAMEWORK UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 65
 EVIDENCE TO PROVE DOCUMENTARY/ EVIDENCE TO PROVE DOCUMENTARY/
TITLE AND ELEMENTS TITLE AND ELEMENTS
THE ELEMENTS OBJECT REQUIREMENTS THE ELEMENTS OBJECT REQUIREMENTS

will testify that the of the photographing essential chemicals;

accused who, not and inventory, and
being a maintainer that they signed the • Spot Report, if any;
or employee of a inventory;29
den, dive, or resort, • Tools, instruments,
is aware of the place • Testimony of the or equipment used
as such and shall Aarresting Oofficer in the production,
knowingly visit the (when applicable) preparation,
same. who will testify compounding, or
on the arrest of processing of
respondent/s; dangerous drugs
Section 8. Testimonial: Documentary and/or controlled
Manufacture of • Testimony of the precursor and
Dangerous Drugs • Testimony of the • Complaint or Investigator or essential chemicals
and/or Controlled Sseizing Officer who Referral Letter; Evidence Custodian or materials for
Precursors and will testify on the who will testify on packaging or labeling
Essential Chemicals. seizing, marking, • Affidavit of Seizing the custody of the materials to be used
photographing, and Officer; seized non-drug as the container of
Elements: inventory, and evidence; and dangerous drugs
custody of the seized • Affidavit of Arresting and/or controlled
• A person engages dangerous drugs Officer; • Testimony of the precursor and
in the manufacture and/or controlled chemist who will essential chemicals
of dangerous drugs precursor and • Affidavit of witness/ testify and identify or apparatuses;
and/or controlled essential chemicals es; the seized drug, the
precursor and and non-drug test conducted, and • Digital or electronic
essential chemicals; evidence; • PDEA Certificate of the results of the test. evidence;
and Coordination (when S/he will identify the
• Testimony of the applicable); Chemistry Report. • Photographs of the
• This person acts required witness/ seized dangerous
without being es under Sec. 21, RA • Certification from the drug and/or
authorized by law. 9165, as amended, Laboratory Service, controlled precursor,
who will testify PDEA (Clandestine essential chemical,
on their presence Laboratory); and non-drug
immediately after evidence;
the seizure and • The dangerous drugs
confiscation of the and/ or controlled • Photographs of the
illegal drugs and precursor and crime scene;
during the conduct

29 See People v. Jennifer Ga-a, G.R. No. 222559, June 6, 2018.

66 LEGAL FRAMEWORK UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 67
 EVIDENCE TO PROVE DOCUMENTARY/ EVIDENCE TO PROVE DOCUMENTARY/
TITLE AND ELEMENTS TITLE AND ELEMENTS
THE ELEMENTS OBJECT REQUIREMENTS THE ELEMENTS OBJECT REQUIREMENTS

• Photographs taken seized, surveillance

during the marking or casing report,
and inventory of the sketch and pictures
seized items; of the place to
be searched, and
• Inventory Sheet; description or
pictures of subject
• Chain of Custody persons;
Form;
• Return of the Search
• Request for Laboratory Warrant;
Examination;
• Video recording and/
• Chemistry Report; or photographs of the
implementation of
• Booking/Information the Search Warrant;
of arrested suspects; and

• Photographs or mug • Certificate of Orderly

shots of arrested Search already
suspect/s; incorporated in
the affidavit of law
• Search Warrant enforcer.
(when applicable),
preferably with
a copy of the
Application for Section 9. Illegal Testimonial: Documentary and
Search Warrant Chemical Diversion of Object:
together with the Controlled Precursors • Testimony of the
attached documents and Essential Seizing Officer who • Complaint or
containing Chemicals. will testify on the Referral Letter;
information, such seizing, marking,
as the exact address Elements: photographing, • Affidavit of Seizing
of place to be inventory, and Officer;
searched, specific • The accused is a custody of the seized
statement of facts licensed person controlled precursor • Affidavit of Arresting
and items to be or entity by the and essential Officer;

68 LEGAL FRAMEWORK UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 69
 EVIDENCE TO PROVE DOCUMENTARY/ EVIDENCE TO PROVE DOCUMENTARY/
TITLE AND ELEMENTS TITLE AND ELEMENTS
THE ELEMENTS OBJECT REQUIREMENTS THE ELEMENTS OBJECT REQUIREMENTS

PDEA to import or chemicals and non- • Affidavit of witness/ test conducted, and drug and/or
manufacture; and drug evidence; es; the results of the test. controlled precursor
S/he will identify the and essential
• S/he sold, • Testimony of the • PDEA Certificate of Chemistry Report. chemical;
distributed, supplied required witness/es Coordination (when
or transported under Sec. 21 of RA applicable); • Photographs of the
a legitimately 9165 who will testify non-drug seized
acquired controlled on their presence • Spot Report, if items;
precursors or immediately after available;
chemicals to any the seizure and • Photographs taken
person or entity confiscation of the • The dangerous drugs during the marking
engaged in the illegal drugs and and/ or controlled and inventory of the
manufacture of during the conduct precursor and seized items;
dangerous drugs. of the photographing essential chemicals;
and inventory, and • Chemistry Report.
that they signed the • Digital or electronic
inventory;30 evidence; With Search Warrant
(additional evidence)
• Testimony of the • Record books;
Arresting Officer • Search Warrant
(when applicable) • PDEA Permit; (preferably with
who will testify a copy of the
on the arrest of • PDEA License; Application);
respondent/s;
• PDEA accreditation • Return of the Search
• Testimony of the as transporter/ Warrant;
Investigator or hauler/carrier of
Evidence Custodian bulk controlled • Video recording of
who will testify on substance; the implementation
the custody of the of the search warrant
seized non-drug • Chain of Custody (if available); and
evidence; and Form;
• Certificate of Orderly
• Testimony of the • Inventory Sheet; Search.
chemist who will
testify and identify • Photographs of the
the seized drug, the seized dangerous

30 See People v. Jennifer Ga-a, G.R. No. 222559, June 6, 2018.

70 LEGAL FRAMEWORK UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 71
 EVIDENCE TO PROVE DOCUMENTARY/ EVIDENCE TO PROVE DOCUMENTARY/
TITLE AND ELEMENTS TITLE AND ELEMENTS
THE ELEMENTS OBJECT REQUIREMENTS THE ELEMENTS OBJECT REQUIREMENTS

Section 10. Testimonial: Documentary and prepare, test, non-drug seized

Manufacture or Object: analyze, pack, items; and
Delivery of Equipment, • Testimony of the repack, store,
Instrument, Apparatus, Seizing Officer who • Complaint or contain, or conceal • Photographs taken
and Other will testify on the Referral Letter; any dangerous drugs during the marking
Paraphernalia for seizing, marking, and/or controlled and inventory of the
Dangerous Drugs photographing, • Affidavit of Seizing precursor and seized items.
and/or Controlled inventory, and Officer; essential chemical.
Precursors and custody of the With Search Warrant
Essential Chemicals. seized equipment, • Affidavit of Arresting Elements (Section (additional evidence)
instrument, apparatus, Officer; 10, 2nd paragraph):
Elements (Section and paraphernalia • Search Warrant
10, 1st paragraph): for dangerous drugs; • Affidavit of witness/ • The accused (preferably with
es; commits the acts a copy of the
• The accused delivers, • Testimony of the under paragraph 1 Application);
possesses with required witness/ • PDEA Certificate of (Sec 10); and
intent to deliver, or es under Sec. 21, RA Coordination (when • Return of the Search
manufactures with 9165, as amended, applicable); • The purpose is Warrant;
intent to deliver; who will testify to inject, ingest,
on their presence • Spot Report, if inhale or otherwise • Video recording of
• Any equipment, immediately after available; introduce into the the implementation
instrument, apparatus the seizure and human body a of the search warrant
and other confiscation of the • The dangerous drugs dangerous drug. (if available); and
paraphernalia for non-drug evidence; and/or controlled
dangerous drugs; and precursor and Aggravating • Certificate of Orderly
and essential chemicals; Circumstance: Search.
• Testimony of the
• The accused Arresting Officer • Digital or electronic • The accused delivers
knows, or under (when applicable) evidence; any equipment,
circumstances where who will testify instrument, apparatus,
one reasonably on the arrest of • Record books; and other
should know, that respondent/s. paraphernalia for
it will be used to • Chain of Custody dangerous drugs
plant, propagate, Form; using a minor
cultivate, grow, or a mentally
harvest, manufacture, • Inventory Sheet; incapacitated person.
compound, convert,
produce, process, • Photographs of the

72 LEGAL FRAMEWORK UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 73
 EVIDENCE TO PROVE DOCUMENTARY/ EVIDENCE TO PROVE DOCUMENTARY/
TITLE AND ELEMENTS TITLE AND ELEMENTS
THE ELEMENTS OBJECT REQUIREMENTS THE ELEMENTS OBJECT REQUIREMENTS

Section 11. Testimonial: Documentary and • Photographs taken

Possession of Object: during the marking
Dangerous Drugs. • Testimony of the and inventory of the
Confiscating or • Complaint or seized items;
Elements: Seizing Officer who Referral Letter;
will testify on the • Request for Laboratory
• The accused is in seizing and marking • Affidavit of Seizing/ Examination;
possession of an of seized dangerous Confiscating Officer;
item or object, drugs; • Request for Drug
which is identified • Affidavit of Arresting Test; and
as a dangerous drug • Police Officer/s Officer;
and those similarly who will testify on • Chemistry Report.
designed or newly the photographing, • Affidavit of the
introduced drugs inventory, and Investigator;
and their derivatives, custody of the seized
without any drugs; and • Search Warrant Section 12. Testimonial: Documentary and
therapeutic value (when applicable); Possession of Object:
or if the quantity • Testimony of the Equipment, Instrument, • Testimony of the
possessed is far chemist who will • PDEA Coordination Apparatus and Other Seizing Officer who • Complaint or
beyond therapeutic testify and identify Form and Pre- Paraphernalia for will testify on the Referral Letter;
requirements; the seized drug, the Operation Report Dangerous Drugs. seizing, marking,
test conducted, and (when applicable); photographing, and • Affidavit of Seizing
• Such possession is the results of the test. Element: inventory and Officer;
not authorized by S/he will identify the • The dangerous custody of the seized
law; and Chemistry Report. drug/s; • Possession or control paraphernalia. S/ • Affidavit of Arresting
by the accused of he will identify Officer;
• The accused freely • Spot Report, if any; any equipment, pieces of object
and consciously apparatus or other and documentary • PDEA Certificate of
possessed the drug.31 • Chain of Custody paraphernalia fit evidence. S/he will Coordination;
Form; or intended also identify the
for smoking, accused; and • The Paraphernalia;
• Inventory of Seized/ consuming,
Confiscated Items; administering, • Testimony of • Spot Report, if any;
injecting, ingesting, the chemist who
• Photographs of the or introducing any will testify and • Chain of Custody
seized dangerous dangerous drug. identify the seized Form;
drug/s; paraphernalia, the
test conducted and • Inventory Sheet;

31 See People v. Santos, G.R. No. 223142, January 17, 2018.

74 LEGAL FRAMEWORK UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 75
 EVIDENCE TO PROVE DOCUMENTARY/ EVIDENCE TO PROVE DOCUMENTARY/
TITLE AND ELEMENTS TITLE AND ELEMENTS
THE ELEMENTS OBJECT REQUIREMENTS THE ELEMENTS OBJECT REQUIREMENTS

the results of the test. Photographs of the the results of the test. • Certificate of Orderly
S/he will identify the seized paraphernalia; S/he will identify the Search.
Test Report. Test Report.
• Photographs taken
during the marking
and inventory of the Section 13. Testimonial: Documentary and
seized items; Possession of Object:
Dangerous Drugs • Testimony of the
• Request for Laboratory During Parties, Seizing Officer who • Complaint or
Examination; Social Gatherings or will testify on the Referral Letter;
Meetings. seizing, marking,
• Chemistry Report; photographing, and • Affidavit of Seizing
Elements: inventory and Officer;
• Booking/Information custody of the
of Arrested Suspects; • The offender is in seized drugs. S/ • Affidavit of Arresting
and possession of an he will identify Officer;
item or object, which pieces of object
• Photographs or mug is identified to be a and documentary • PDEA Certificate of
shots of Arrested dangerous drug; evidence. S/he will Coordination (when
Suspect/s. also identify the applicable);
• Such possession is accused;
With Search Warrant not authorized by • Search warrant
(additional evidence) law; 32 • Any other witness/ (when applicable),
es who will testify preferably with
• Search Warrant • The accused freely that the possession a copy of the
(preferably with and consciously occurred during application;
a copy of the possessed the parties, social
Application); dangerous drug; and gatherings, or • The dangerous
meetings or in the drugs and/
• Return of the Search • Possession is proximate company or controlled
Warrant; during parties, of at least two (2) precursor and
social gatherings or persons; and essential chemicals;
• Video recording of meetings, or in the
the implementation proximate company • Testimony of the • Spot Report, if any;
of the search warrant of at least two (2) chemist who will
(if available); and persons.33 testify and identify • Chain of Custody
the seized drugs, the Form;
test conducted and

32 See People v. Crispian Merced Lumaya, G.R. No. 231983, March 7, 2018.
33 See People v. Arnold Martinez, et al., G.R. No. 191366, December 13, 2010.

76 LEGAL FRAMEWORK UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 77
 EVIDENCE TO PROVE DOCUMENTARY/ EVIDENCE TO PROVE DOCUMENTARY/
TITLE AND ELEMENTS TITLE AND ELEMENTS
THE ELEMENTS OBJECT REQUIREMENTS THE ELEMENTS OBJECT REQUIREMENTS

the results of the test. • Inventory Sheet; Dangerous Drugs seizing, marking, • Affidavit of Seizing
S/he will identify the During Parties, photographing, Officer;
Test Report. • Photographs of the Social Gatherings or inventory, and
seized dangerous Meetings. custody of the • Affidavit of Arresting
drugs and/ seized equipment, Officer;
or controlled Elements: apparatus or other
precursor and paraphernalia fit • PDEA Certificate of
essential chemicals; • Possession or control or intended Coordination (when
by the accused of for smoking, applicable);
• Photographs taken any equipment, consuming,
during the marking apparatus, or other administering, • Search warrant
and inventory of the paraphernalia fit injecting, ingesting, (when applicable),
seized items; or intended or introducing any preferably with
for smoking, dangerous drug a copy of the
• Request for Laboratory consuming, into the body. S/ application;
Examination; administering, he will identify
injecting, ingesting, pieces of object • The equipment,
• Chemistry Report; or introducing any and documentary apparatus or other
dangerous drug into evidence. S/he will paraphernalia fit
• Booking/Information the body; also identify the or intended
of Arrested accused; for smoking,
Suspects; • Free and conscious consuming,
possession of • Witness/es who administering,
• Photographs or mug the equipment, will testify that the injecting, ingesting,
shots of Arrested apparatus, or other possession occurred or introducing any
Suspect/s; and paraphernalia fit during parties, dangerous drug into
or intended social gatherings, or the body, the test
• Proof of the party, for smoking, meetings, or in the conducted and the
social gathering, or consuming, proximate company results of the test;
meeting. administering, of at least two (2)
injecting, ingesting, persons; and • Spot Report, if any;
or introducing any
dangerous drug • Testimony of the • Chain of Custody
Section 14. Testimonial: Documentary and into the body by the chemist who will Form;
Possession of Object: accused; identify and testify
Equipment Instrument, • Testimony of the that the equipment, • Inventory Sheet;
Apparatus, and Other Seizing Officer who • Complaint or referral apparatus or other
Paraphernalia for will testify on the letter;

78 LEGAL FRAMEWORK UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 79
 EVIDENCE TO PROVE DOCUMENTARY/ EVIDENCE TO PROVE DOCUMENTARY/
TITLE AND ELEMENTS TITLE AND ELEMENTS
THE ELEMENTS OBJECT REQUIREMENTS THE ELEMENTS OBJECT REQUIREMENTS

• Possession is paraphernalia are • Photographs of the Section 15. Use of Testimonial: Documentary and
during parties, fit or intended seized equipment, Dangerous Drugs. Object:
social gatherings or for smoking, apparatus or other • Witness/es who
meetings, or in the consuming, paraphernalia fit Elements: will testify that the • Complaint or
proximate company administering, or intended for accused was arrested Referral Letter;
of at least two (2) injecting, ingesting, smoking, consuming, • Accused was arrested or apprehended for
persons; and or introducing any administering, or apprehended for unlawful acts listed • Affidavit of Seizing
dangerous drug into injecting, ingesting, unlawful acts listed under RA 9165; and Officer;
• Such possession is the body, the test or introducing any under RA 9165;
not authorized by conducted, and the dangerous drug • Testimony of the • Affidavit of Arresting
law. results of the test. into the body not • Accused was chemist who will Officer;
authorized by law. subjected to drug testify on the drug
test; and test conducted and • PDEA Certificate of
• Photographs taken the results of the test. Coordination (when
during the marking • The confirmatory S/he will identify the applicable);
and inventory of the test shows that s/ Chemistry Report.
seized items; he used dangerous • Spot Report, if any;
drugs.34
• Request for Laboratory • Chain of Custody
Examination; Form;

• Chemistry Report, if • Inventory Sheet;

applicable;
• Photographs taken
• Booking/Information during the marking
of arrested suspects; and inventory of the
seized items;
• Photographs or mug
shots of arrested • Request for Laboratory
suspects; and Examination;

• Photographs or • Chemistry Report;

videos of the party,
social gathering or • Booking/Information
meetings. of arrested suspects;
and

34 See Jaime Dela Cruz v. People, G.R. 200748, July 23, 2014.

80 LEGAL FRAMEWORK UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 81
 EVIDENCE TO PROVE DOCUMENTARY/ EVIDENCE TO PROVE DOCUMENTARY/
TITLE AND ELEMENTS TITLE AND ELEMENTS
THE ELEMENTS OBJECT REQUIREMENTS THE ELEMENTS OBJECT REQUIREMENTS

• Photographs or mug on the arrest of seized items;

shots of arrested respondent/s;
suspect/s. • Request for Laboratory
• Testimony of the Examination; and
Investigator or
Section 16. Testimonial: Documentary and Evidence Custodian • Chemistry Report.
Cultivation or Culture Object: who will testify on
of Plants Classified as • Testimony of the the custody of the With Search Warrant
Dangerous Drugs or Seizing Officer who • Complaint or seized non-drug (additional evidence)
are Sources thereof. will testify on the Referral Letter; evidence; and
seizing, marking, • Search Warrant
Elements: photographing, • Affidavit of Seizing • Testimony of the (preferably with
inventory, and Officer; chemist who will a copy of the
• A person plants, custody of the seized testify and identify Application);
cultivates or cultures drug and drug • Affidavit of Arresting the seized drug, the
marijuana, opium evidence; Officer; test conducted, and • Return of the Search
poppy or any other the results of the test. Warrant;
plant regardless of • Testimony of the • PDEA Certificate of S/he will identify the
quantity, which is required witness/es Coordination (when Chemistry Report. • Video recording of
or may hereinafter under Section 21, RA applicable); the implementation
be classified as a 9165, as amended, of the search warrant
dangerous drug who will testify • Spot Report, if any; (if available); and
or as a source on their presence
from which any immediately after • Chain of Custody • Certificate of Orderly
dangerous drug may the seizure and Form; Search.
be manufactured or confiscation of the
derived; and illegal drugs and • Inventory Sheet;
during the conduct
• This person acts of the photographing • Photographs of the Section 17. Testimonial: Documentary and
without being and inventory, and seized dangerous Maintenance and Object:
authorized by law. that they signed the drug; Keeping of • Testimony of the
inventory;35 Original Records Arresting Officer • Complaint Affidavit;
• Photographs of the of Transactions on (when applicable)
• Testimony of the non-drug seized items; Dangerous Drugs who will testify • Affidavit of Arresting
Arresting Officer and/or Controlled on the arrest of Officer;
(when applicable) • Photographs taken Precursors and respondent/s; and
who will testify during the marking Essential Chemicals. • Affidavit of witness/
and inventory of the • Witness/es who es;

35 See People v Jennifer Ga-a, GR 222559, June 6, 2018.

82 LEGAL FRAMEWORK UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 83
 EVIDENCE TO PROVE DOCUMENTARY/ EVIDENCE TO PROVE DOCUMENTARY/
TITLE AND ELEMENTS TITLE AND ELEMENTS
THE ELEMENTS OBJECT REQUIREMENTS THE ELEMENTS OBJECT REQUIREMENTS

Elements: will testify on the • Affidavit of the With Search Warrant

violation or non- Investigator; (additional evidence)
• The accused is a compliance with
licensed practitioner, the maintenance • Spot Report, if any; • Search Warrant
manufacturer, and keeping of (preferably with
wholesaler, importer, original records • Digital or electronic a copy of the
distributor, dealer, of transactions of evidence; Application);
or retailer; dangerous drugs
and/or CPECs. • License, registration, • Return of the Search
• S/he violates or or permit of the Warrant;
fails to comply with respondent/ accused
the maintenance showing the s/he • Video recording of
and keeping of the is a practitioner, the implementation
original records of manufacturer, of the search warrant
transactions on any wholesaler, importer, (if available); and
dangerous drugs distributor, dealer,
and/or controlled or retailer of • Certificate of Orderly
precursors and dangerous drugs Search.
essential chemicals and/or controlled
in accordance with precursors and
Section 40 of RA essential chemicals; Section 18. Testimonial: Documentary and
9165. Unnecessary Object:
• Record of Prescription of • Testimony of the
sales, purchases, Dangerous Drugs witness/es. • Complaint or
acquisitions, and Referral letter;
deliveries of Elements:
dangerous drugs, • Affidavit of Arresting
prescription for a • The accused is a Officer;
dangerous drug, licensed practitioner
or record of all who prescribes any • Affidavit of witness/
inventories, sales, dangerous drug; es;
purchases, and
acquisitions; and • The prescription • Affidavit of the
is issued in favor Investigator (when
• PDEA and/or DOH of a person applicable);
report. whose physical
or physiological • Spot Report, if any;

84 LEGAL FRAMEWORK UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 85
 EVIDENCE TO PROVE DOCUMENTARY/ EVIDENCE TO PROVE DOCUMENTARY/
TITLE AND ELEMENTS TITLE AND ELEMENTS
THE ELEMENTS OBJECT REQUIREMENTS THE ELEMENTS OBJECT REQUIREMENTS

• condition does not • Digital or electronic Investigator (when

require the use of evidence; applicable);
such dangerous drug
or in the dosage • License, registration, • Spot Report, if any;
prescribed; and or permit of the
accused showing that • Digital or electronic
• The accused has not s/he is a practitioner, evidence;
acted in compliance manufacturer,
with Section 40 of wholesaler, or • License, registration,
RA 9165. importer; or permit of the
respondent/ accused
• Record of showing the s/he
sales, purchases, is a practitioner,
acquisitions, and manufacturer,
deliveries of wholesaler, importer,
dangerous drugs, distributor, dealer,
prescription for a or retailer of
dangerous drug, dangerous drugs
or records of and/or controlled
all inventories, precursors and
sales, purchases, essential chemicals;
acquisitions, and
deliveries; • Record of
sales, purchases,
acquisitions, and
Section 19. Unlawful Testimonial: Documentary and deliveries of
Prescription of Object: dangerous drugs,
Dangerous Drugs • Testimony of the prescription for a
witness/es. • Complaint or dangerous drug,
Element: Referral letter; or records of
all inventories,
• The accused illegally • Affidavit of Arresting sales, purchases,
makes or issues Officer; acquisitions, and
a prescription or deliveries; and
any other writing • Affidavit of witness/
purporting to be a es; • PDEA and/or
prescription for any DOH report of
dangerous drug. • Affidavit of the non-compliance or

86 LEGAL FRAMEWORK UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 87
 EVIDENCE TO PROVE DOCUMENTARY/ EVIDENCE TO PROVE DOCUMENTARY/
TITLE AND ELEMENTS TITLE AND ELEMENTS
THE ELEMENTS OBJECT REQUIREMENTS THE ELEMENTS OBJECT REQUIREMENTS

non-compliance or • following offenses as Documentary

violation of Section defined in RA 9165:
40 of RA 9165 by the • Complaint or
respondent/accused. ◊ Sale, trading, Referral letter; and
administration,
With Search Warrant dispensation, • Affidavit of witness/
(additional evidence) delivery, distribution. es.
And transportation
• Search Warrant of any dangerous With Search Warrant
(preferably with drug and/ (additional evidence)
a copy of the or controlled
Application); precursor and • Search Warrant
essential chemical; (preferably with
• Return of the Search a copy of the
Warrant; ◊ Maintenance of Application);
a den, dive or
• Video recording of resort where any • Return of the Search
the implementation dangerous drug is Warrant;
of the search warrant used in any form;
(if available); and • Video recording of
◊ Manufacture of the implementation
• Certificate of Orderly any dangerous of the search warrant
Search. drug and/ (if available) ; and
or controlled
precursor and • Certificate of Orderly
Section 26. Attempt Testimonial: Documentary essential chemical; Search.
or Conspiracy and
• Witness/es who • Complaint or
Elements of will testify to the Referral letter; and precursor and
Conspiracy as a agreement of the essential chemical;
Crime (Section 26): offenders to commit • Affidavit of witness/ and
any of the following es.
• Two or more offenses as defined ◊ Cultivation or
persons come to an in Section 26 of RA culture of plants,
agreement; 9165. which are sources
of dangerous
• The agreement drugs.
is to commit the

88 LEGAL FRAMEWORK UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 89
 EVIDENCE TO PROVE DOCUMENTARY/ EVIDENCE TO PROVE DOCUMENTARY/
TITLE AND ELEMENTS TITLE AND ELEMENTS
THE ELEMENTS OBJECT REQUIREMENTS THE ELEMENTS OBJECT REQUIREMENTS

• The offenders decide ◊ Cultivation or

to commit the culture of plants
offense.36 which are sources
of dangerous drugs
Elements of Attempt:
• The offender does
• That the offender not perform all the
commences the acts of execution
commission of any which should have
of the following produced any of the
unlawful acts directly above enumerated
by overt acts: unlawful acts; and

◊ Importation of any • The reason for the

dangerous drugs non-performance of
and/or controlled all the acts of
precursor and execution is by
essential chemical; some cause or
accident other than
◊ Sale, trading, the spontaneous
administration, desistance of the
dispensation, offender.37
delivery, distribution,
and transportation
• Section 27. Testimonial: Documentary
◊ Maintenance of Criminal Liability
a den, dive or of a Public Officer • Witness/es who • Appointment or
resort where any or Employee for will testify that the Certificate of
dangerous drug is Misappropriation, accused is a public Employment of the
used in any form; Misapplication or office employee accused;
Failure to Account who has access
◊ Manufacture of any for the Confiscated, or custody of the • Affidavit of witness/
dangerous drug Seized and/ confiscated, seized, es;
and/or controlled or Surrendered or surrendered
precursor and Dangerous Drugs, dangerous drugs, • Inventory Sheet
essential chemical; Plant Sources plant sources of of the subject
and of Dangerous dangerous drugs, confiscated, seized,

36 See De Lima v. Guerrero, G.R. No. 229781, October 10, 2017. 37 See People v. Figueroa, G.R. No. 186141, April 11, 2012 and People v. Laylo, G.R. No. 192235, July 6, 2011.

90 LEGAL FRAMEWORK UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 91
 EVIDENCE TO PROVE DOCUMENTARY/ EVIDENCE TO PROVE DOCUMENTARY/
TITLE AND ELEMENTS TITLE AND ELEMENTS
THE ELEMENTS OBJECT REQUIREMENTS THE ELEMENTS OBJECT REQUIREMENTS

Drugs, Controlled CPECs, instruments, or surrendered acts as provided for • Photographs or

Precursors and or paraphernalia dangerous drugs, in RA 9165. video recording, if
Essential Chemicals, and/or laboratory plant sources applicable; and
Instruments or equipment, including of dangerous
Paraphernalia and/ the proceeds or drugs, controlled • Digital or electronic
or Laboratory properties obtained precursors and evidence.
Equipment Including from the unlawful essential chemicals,
the Proceeds or acts and that s/he instruments or With Search Warrant
Properties Obtained misappropriated, paraphernalia and/ (additional evidence)
from the Unlawful misapplied, or failed or laboratory
Act Committed to account for them. equipment, if • Search Warrant
applicable; (preferably with
Elements (Section a copy of the
27, 1st paragraph): • Photographs of the Application);
confiscated, seized,
• The accused is a or surrendered • Return of the Search
public officer or dangerous drugs, Warrant;
employee; plant sources
of dangerous • Video recording of
• The accused drugs, controlled the implementation
misappropriates, precursors and of the search warrant
misapplies or fails essential chemicals, (if available).
to account for instruments or
confiscated, seized paraphernalia and/ • Certificate of
or surrendered or laboratory Orderly Search
dangerous drugs, equipment, including Elements (Section Testimonial:
plant sources the proceeds or 27, 2nd paragraph): (Section 27,
of dangerous properties, if • Witness/es who paragraph 2):
drugs, controlled applicable; • An elective or will testify that Documentary:
precursors and national official the accused is an
essential chemicals, • Affidavit of Seizing elected official who • Complaint or
instruments or Officer, if applicable; • Found to have has benefited from Referral letter;
paraphernalia and/ benefited from the proceeds of
or laboratory • Chain of Custody the proceeds of the trafficking of • Duly signed oath-
equipment, including Form, if applicable; the trafficking of dangerous drugs, taking certificate of
the proceeds or dangerous drugs as or has received any the accused or other
properties obtained prescribed in this financial or material proof that s/he was
from the unlawful Act, OR contributions or duly elected;

92 LEGAL FRAMEWORK UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 93
 EVIDENCE TO PROVE DOCUMENTARY/ EVIDENCE TO PROVE DOCUMENTARY/
TITLE AND ELEMENTS TITLE AND ELEMENTS
THE ELEMENTS OBJECT REQUIREMENTS THE ELEMENTS OBJECT REQUIREMENTS

• Affidavit of witness/ of the search

es; warrant (if
available); and
• Statement of Assets,
Liabilities and Net • Certificate of
Worth and/or Anti- Orderly Search.
Money Laundering
Council investigation
report; Section 29. Criminal Testimonial: Documentary
Liability for Planting
• Land titles, of Evidence • Witness/es who • Complaint or
condominium will testify that the Referral Letter;
certificates of title, Elements accused maliciously
and/or bank records; and surreptitiously • Photographs or
• The accused inserted, placed, Video recording;
• Stock certificates, maliciously and added, or attached,
vehicle registration surreptitiously inserts, directly or indirectly • Digital or electronic
documents, places, adds, or through any overt or evidence;
photographs, video attaches, directly or covert act, whatever
recordings, and/ indirectly through quantity of any • Dangerous drug
or other digital or any overt or covert dangerous drug and/or controlled
electronic evidence; act, whatever and/or controlled precursor and
quantity of any precursor and essential chemicals;
• Certified True Copy dangerous drug essential chemicals
of relevant decision. and/or controlled in the person, house, • Chemistry Report;
precursor and effects, or in the and
With Search Warrant essential chemicals immediate vicinity
(additional evidence) in the person, house, of an innocent • Affidavit of witness/
effects, or in the individual. es.
• Search Warrant immediate vicinity
(preferably with a copy of an innocent
of the Application); individual; and

• Return of the Search • The accused

Warrant; commits the act
for the purpose
• Video recording of of implicating,
the implementation incriminating, or

94 LEGAL FRAMEWORK UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 95
 EVIDENCE TO PROVE DOCUMENTARY/ EVIDENCE TO PROVE DOCUMENTARY/
TITLE AND ELEMENTS TITLE AND ELEMENTS
THE ELEMENTS OBJECT REQUIREMENTS THE ELEMENTS OBJECT REQUIREMENTS

imputing the a false or fraudulent • Confirmatory drug

commission of any drug test result. test result; and
violation of RA 9165.
• Digital or electronic
evidence.
Section 32. Liability Testimonial: Documentary
of a Person Violating
Any Regulation Issued • Testimony of • Complaint or Section 91. Testimonial: Documentary and
by the Board – witnesses who will Referral Letter; Responsibility and Object:
testify on a particular Liability of • Testimony of
Elements: DDB Regulation and • DDB Regulation; Law Enforcement the prosecutor • Complaint or
that respondent/ Agencies and other handling the case Referral letter;
• A person; accused violated said • Complaint Affidavit; Government Officials who will testify that
DDB Regulation. and Employees in the accused was • Appointment or
• Violates any • Affidavit of Witness; Testifying as a witness in the Certificate of
regulation duly and Prosecution Witnesses criminal case and Employment of the
issued by the Board; in Dangerous Drugs that, despite having accused;
• Digital or electronic Cases been duly notified
evidence, when of the hearing in • Pre-Trial Order
available or Elements: said case, failed or where the accused is
applicable. refused to appear listed as a witness;
• The accused is a without any valid
member of a law reason; • Subpoena addressed
Section 37. Issuance Testimonial: Documentary enforcement agency to the accused duly
of False or Fraudulent or a government • Testimony of the issued;
Drug Test Results • Witness/es who • Complaint or official or employee; clerk of court of
will testify that the Referral letter; and the court where • Return of the
Elements: accused is authorized the criminal case subpoena or any
to conduct drug • Affidavit of a • The accused, after is pending who proof of receipt of
• The accused is a examination or test witness/es; due notice, fails or will testify that subpoena by the
person authorized, and that s/he issued refuses, intentionally the accused was accused;
licensed, or a false or fraudulent • Authority, license, or or negligently and duly notified of the
accredited under RA drug test result. accreditation of the without any valid hearing of the case • Court Order
9165 to conduct drug accused; reason, to appear and yet s/he failed to declaring a waiver of
examination or test; as a witness for appear without any the testimony due to
and • False or fraudulent the prosecution in valid reason. the witness’ repeated
drug test result; any proceedings, absence;
• The accused issued involving violations

96 LEGAL FRAMEWORK UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 97
 EVIDENCE TO PROVE DOCUMENTARY/ EVIDENCE TO PROVE DOCUMENTARY/
TITLE AND ELEMENTS TITLE AND ELEMENTS
THE ELEMENTS OBJECT REQUIREMENTS THE ELEMENTS OBJECT REQUIREMENTS

of RA 9165. • Minutes of the Court; • Return of the

and subpoena;

• Transcript of • Court Order

Stenographic Notes declaring the waiver
of the Court. of the witness/es’
testimony due to
repeated absence;
Elements (Section Testimonial: Documentary
91, 3rd paragraph): • Minutes of the Court;
• Testimony of the • Complaint or
• The accused is the clerk of court of Referral letter; • Transcript of
immediate superior the court where Stenographic Notes
of a member of the the criminal case • Appointment or of the Court; and
law enforcement is pending who Certificate of
agency or any will testify that the Employment of the • Proof of transfer or
other government accused did not accused; reassignment of the
employee; notify the court absent witness/es
of the transfer or • Proof that the pending trial of the
• The accused fails reassignment of accused is/was the case.
to notify the court his/her subordinate immediate superior
of the transfer or who is a witness for of the absent
reassignment of the the prosecution in witness/es who was Elements Testimonial: Documentary:
said member of the a criminal case for transferred or re-
law enforcement violation of RA 9165. assigned; • The accused is a • Witness/es who • Complaint or
agency or any government officer will testify that the Referral letter;
other government • Pre-Trial Order or employee tasked criminal case for
employee who is where one of the with the prosecution violation of RA 9165 • Appointment or
a witness for the listed witnesses is of drug-related cases is unsuccessfully Certificate of
prosecution in under the direct under RA 9165 prosecuted or is Employment of the
any proceedings and immediate either as prosecutor, dismissed due accused;
involving violations supervision of the prosecution witness, to the patent
of RA 9165. accused; or as law laxity, inexcusable • Affidavit of a
enforcement agent; neglect, and/or witness/es;
• Subpoena addressed and unreasonable delay
to the absent on the part of the • Minutes of the Court
witness/es duly • The criminal case accused prosecutor, proceedings;
issued; is unsuccessfully prosecution witness,

98 LEGAL FRAMEWORK UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 99
 EVIDENCE TO PROVE DOCUMENTARY/ EVIDENCE TO PROVE DOCUMENTARY/
TITLE AND ELEMENTS TITLE AND ELEMENTS
THE ELEMENTS OBJECT REQUIREMENTS THE ELEMENTS OBJECT REQUIREMENTS

prosecuted or is or law enforcement • Transcript of drugs, controlled

dismissed due agent; or that said Stenographic Notes precursors and essential
to the patent accused prosecutor, of the court chemicals, instruments/
laxity, inexcusable prosecution witness, proceedings; and paraphernalia, and/or
neglect, and/or or law enforcement laboratory equipment
unreasonable delay agent deliberately • Order/Resolution/ shall be done in public
on the part of the causes the Decision of the and witnesses by the
accused prosecutor, unsuccessful court in the criminal following:
prosecution witness, prosecution and/ case where the
or law enforcement or dismissal of said accused acted either • The respondent/
agent; or that said drug case. as prosecutor, accused or his/her
accused prosecutor, prosecution witness/ representative or
prosecution witness, es, or as law enforcer. counsel or a member
or law enforcement of the Public
agent deliberately Attorney’s Office
causes the appointed by the
unsuccessful Secretary of Justice;
prosecution and/
or dismissal of said • A representative
drug cases. from the media;

• A representative
Witnesses to from the DOJ;
the Destruction
or Disposal • A representative
or Burning of from civil society
Dangerous Drugs groups; and
or Plant Sources of
Dangerous Drugs • Any elected public
During Eradication official.38
Operations

The destruction and

disposal or burning
of seized dangerous
drugs or plant
sources of dangerous
drugs, controlled

38 Section 3(k) of DDB Regulation No. 1, series of 2002.

100 LEGAL FRAMEWORK UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 101
 CHAPTER 5:
SEARCHES AND SEIZURES

102 LEGAL FRAMEWORK UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 103
 CHAPTER V:
Searches and Seizures

Sec. 1. Warrants for Search and Seizure of Evidence

A.  Purpose for Obtaining Search and Seizure Warrant

The purpose of the constitutional provision against unlawful searches

and seizures is to prevent violations of private security in person and
property, and unlawful invasion of the sanctity of the home, by officers
of the law acting under legislative or judicial sanction, and to give
remedy against such usurpations when attempted.

“As a component of the right to privacy, the fundamental right against

unlawful searches and seizures is guaranteed by the 1987 Constitution.
Article III, Section 2 of the 1987 Constitution provides:

The right of the people to be secure in their persons, houses, papers,

and effects against unreasonable searches and seizures of whatever
nature and for any purpose shall be inviolable, and no search warrant
or warrant of arrest shall issue except upon probable cause to be
determined personally by the judge after examination under oath or
affirmation of the complainant and the witnesses s/he may produce,
and particularly describing the place to be searched and the persons or
things to be seized.”39

A search and seizure warrant is secured to allow law enforcement

officers to enter the house, premises, or areas of a private person and
search for evidence of a crime. The purpose of the warrant is to search
for illegal drugs, firearms, or other evidence of a crime in a place that
otherwise would be off limits to law enforcement officers due to privacy
rights guaranteed by the constitution.

B.  Search Warrant Application Requirements

No search warrant or warrant of arrest shall issue except upon probable

cause to be determined personally by the judge after examination under
oath or affirmation of the complainant and the witness/es s/he may

39 See Mario Veridiano y Sapi v. People, G.R. No. 200370, June 7, 2017.

104 SEARCHES AND SEIZURES UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 105
 produce, and particularly describing the place to be searched and the A search warrant may be said to particularly describe the things to be
persons or things to be seized.40 seized:
C. Existence of Probable Cause • When the description therein is as specific as the circumstances
will ordinarily allow or when the description expresses a conclusion
Probable cause for a valid search warrant is defined “as such facts and of fact—not of law by which the warrant officer may be guided in
circumstances which would lead a reasonably discreet and prudent making the search and seizure; and
man to believe that an offense has been committed, and that the objects
sought in connection with the offense are in the place sought to be • When the things to be described are limited to those which bear
searched.”41 direct relation to the offenses for which the warrant is being issued.46

One of the constitutional requirements for the validity of a search Technical precision of description is not required. It is only necessary
warrant is that it must be issued based on probable cause, which, under that there be reasonable particularity and certainty as to the identity of
the Rules of Court, must be in connection with one specific offense to the property to be searched for and seized, so that the warrant shall not
prevent the issuance of a scatter-shot warrant.42 be a mere roving commission.47
D. Description of Place - Sufficiency
F. Personal Determination by the Judge – Intent
A description of a place to be searched is sufficient if the officer with
The purpose of requiring a personal determination by the judge is to
the warrant can and identify with reasonable effort the place intended,
ensure that a warrant is issued not merely on the basis of the affidavits
and distinguish it from other places in the community. A designation
of the complainant and his witness/es, but only after examination by
that points out the place to be searched to the exclusion of all others,
the judge of the complainant and his witness/es.48
and on inquiry unerringly leads the peace officers to it, satisfies the
constitutional requirement of definiteness.43
Sec. 2. Exceptions to the Warrant Requirement in Searches
E. Reasonable Particularity of Description of the Things and Seizures
The purpose for this requirement is to limit the articles to be seized The following are recognized instances of permissible warrantless searches:49
only to those particularly described in the search warrant in order to
leave the officers of the law with no discretion regarding what items • Warrantless search incidental to a lawful arrest;
they shall seize, to the end that no unreasonable searches and seizures
will be committed.44 • Plain view;

The constitutional requirement of reasonable particularity of description • Search of a moving vehicle;

of the things to be seized is primarily meant to enable the law enforcers
serving the warrant to: • Consented warrantless searches;

• Readily identify the properties to be seized and thus prevent them • Customs search;
from seizing the wrong items; and
• Stop and Frisk; and
• Leave said peace officers with no discretion regarding the articles
to be seized and thus prevent unreasonable searches and seizures.45 • Exigent and emergency circumstances.

40 1987 Constitution, Article III, Section 2. 46 See Dimal and Castillo v. People, G.R. No. 216922, April 18, 2018.
41 See People of the Philippines v. Myrna Gayoso y Arguelles, G.R. No. 206590, March 27, 2017. 47 See Dimal and Castillo v. People, G.R. No. 216922, April 18, 2018.
42 See People v. Pastrana, G.R. No. 196045, February 21, 2018. 48 See Honesto Ogayon y Diaz v. People, G.R. No. 188794, September 2, 2015.
43 See Dimal v. People, G.R. No. 216922, April 18, 2018. 49 See Mario Veridiano y Sapi v. People, G.R. No. 200370, June 7, 2017.
44 Ibid.
45 See People v. Pastrana, G.R. No. 196045, February 21, 2018.

106 SEARCHES AND SEIZURES UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 107
 A.  Warrantless search incidental to lawful arrest passengers committed a crime, or a crime is actually being committed,
or when the vehicle contains instruments of an offense.55
A search incidental to a lawful arrest requires that there must first be a
lawful arrest before a search is made. Otherwise stated, a lawful arrest Law enforcers cannot act solely on the basis of confidential or tipped
must precede the search. The process cannot be reversed.50 information. A tip is still hearsay no matter how reliable it may be. It is
not sufficient to constitute probable cause in the absence of any other
B.  Plain view
circumstance that will arouse suspicion.56
Under the plain view doctrine, objects within the plain view of an officer
Examples of valid warrantless search based on tip coupled with other
who has a right to be in the position to have that view are subject to
circumstances:
seizure and may be presented as evidence.51
• The accused pushed the police out of the way and attempted to
The plain view doctrine applies when the following requisites concur:
alight from the bus after the police introduced themselves and
inquired about the ownership of a box which the accused had in
• The law enforcement officer in search of the evidence has a prior
his possession. In this case, apart from the tip, the police observed
justification for an intrusion or is in a position from which s/he can
suspicious behavior on the part of the accused that gave them
view a particular area;
reasonable ground to believe that a crime was being committed.57
• The discovery of the evidence in plain view is inadvertent; and
• A police officer received information that a bag marked with “O.K.”
• It is immediately apparent to the officer that the item s/he observes was about to be transported on a passenger jeepney. On the basis
may be evidence of a crime, contraband or otherwise subject to of the tip, said police officer conducted surveillance on board a
seizure.52 jeepney. Upon seeing the bag described to him, the police officer
peeked inside and smelled the distinct odor of marijuana. The tipped
The doctrine serves to supplement the prior justification—whether it information and the police officer’s personal observations gave rise
be a warrant for another object, hot pursuit, search incident to a lawful to probable cause that rendered the warrantless search valid.58
arrest, or some other legitimate reason for being present unconnected
with a search directed against the accused—and permits the warrantless • Apart from the tip, the police officers noticed marijuana leaves
seizure. The extension of the original justification is legitimate only protruding through a hole in one of the sacks carried by the
where it is immediately apparent to the police that they have evidence accused.59 This was enough probable cause to make the warrantless
before them. The ‘plain view’ doctrine may not be used to extend a search valid.
general exploratory search from one object to another until something
Example of an invalid warrantless search of a moving vehicle:
incriminating at last emerges.53
C.  Search of a moving vehicle • The vehicle was flagged down because the police officers who were
on routine patrol became suspicious when they saw that the back
Routinary and indiscriminate searches of moving vehicles are allowed if of the vehicle was covered with kakawati leaves, which, according
they are limited to a visual search. On the other hand, extensive searches to them, was unusual and uncommon. It was ruled that the fact the
are permissible only when they are founded upon probable cause.54 vehicle looked suspicious simply because it is not common for such
to be covered with kakawati leaves does not constitute probable
An extensive search may be conducted on a vehicle at a checkpoint cause as would justify the conduct of a warrantless search.60
when law enforcers have probable cause to believe that the vehicle’s

50 See People v. Racho, 640 Phil. 669, 676 (2010). 55 Ibid, citing Valmonte v. De Villa, 264 Phil. 265, 271 (1990).
51 See People of the Philippines v. Go, 457 Phil. 885, 928 (2003). 56 Ibid.
52 See Judge Abelita III vs. P/Supt. Doria, 612 Phil. 1127, 1135-1136. 57 See Mario Veridiano y Sapi vs. People, G.R. No. 200370, June 7, 2017, citing People v. Breis, 767 Phil 40 (2015).
53 See Jaylord Dimal and Allan Castillo v. People, G.R. No. 216922, April 18, 2018. 58 Ibid., citing People v. Mariacos, 635 Phil 315 (2010).
54 See Mario Veridiano y Sapi vs. People, G.R. No. 200370, June 7, 2017. 59 Ibid., citing People v. Ayangao, 471 Phil 379 (2004).
60 See Caballes v. CA and People, G.R. No. 136292, January 15, 2002.

108 SEARCHES AND SEIZURES UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 109
 D.  Consented warrantless searches • The possible vulnerable subjective state of the person giving consent.

Although the right against unreasonable searches and seizures may be In one particular case, police officers were manning a checkpoint.
surrendered through a valid waiver, the prosecution must prove that They flagged down a motorcycle that had no plate number driven by
the waiver was executed with clear and convincing evidence. Consent the accused. They asked the accused to present his driver’s license
to a warrantless search and seizure must be unequivocal, specific, and the motorcycle’s registration paper, which s/he failed to produce.
intelligently given, and unattended by duress or coercion. The validity Consequently, the police officers searched the motorcycle. During
of a consented warrantless search is determined by the totality of the the search, the police asked the accused to open the U-box of the
circumstances. This may involve an inquiry into the environment in motorcycle, which s/he did. The police found gambling paraphernalia.
which the consent was given such as “the presence of coercive police Thus, they arrested the accused. The SC said that considering that the
procedures.” Mere passive conformity or silence to the warrantless accused willingly opened the U-box upon the police request fell within
search is only an implied acquiescence, which amounts to no consent the purview of a consented search.63
at all.61
It has also been held that passive submission to a search cannot be
To constitute a valid waiver, it must first appear that: construed as an implied acquiescence to the warrantless search.64

• The right exists; In one particular case, the owner of the house subject of the search
asked for the search warrant from the law enforcers. The law enforcers,
• The person involved had knowledge, either actual or constructive, of who apparently were not armed with a search warrant, proceeded to
the existence of such right; and search the house without objection from the owner. It was ruled that
the search conducted was illegal since the owner of the house did not
• The said person had an intention to relinquish the right.62 have any intention to relinquish the right against warrantless search.65

The circumstances relevant to the determination of the person giving In another case, the accused, who was carrying a carton, boarded a
consent and the environment in which said consent is given are: bus where two policemen were riding. The policemen inspected the
carton and found marijuana inside. When asked who owned the box,
• The age of the defendant; the accused denied ownership and failed to object to the search. It was
ruled the warrantless search was illegal and held that the accused is not
• Whether the defendant was in a public or a secluded location; to be presumed to have waived the unlawful search simply because s/
he failed to object.66
• Whether the defendant objected to the search or passively looked
on; E.  Customs Search

• The education and intelligence of the defendant; Customs searches, as exception to the requirement of a valid search
warrant, are allowed when persons exercising police authority effect
• The presence of coercive police procedures; search and seizure in the enforcement of customs laws.

• The defendant’s belief that no incriminating evidence would be To be a valid customs search, the requirements are:
found;
• The person/s conducting the search was/were exercising police
• The nature of the police questioning; authority under customs law;

• The environment in which the questioning took place; and

61 Ibid. 63 See Mallari v. People, G.R. No. 228170, December 4, 2017.

62 See People v. Figueroa and Valerio, G.R. No. 134056, July 6, 2000. 64 See Caballes v. CA and People, G.R. No. 136292, January 15, 2002.
65 See Mallari v. People, G.R. No. 228170, December 4, 2017.
66 See People v. Barros, 231 SCRA 557 (1994), citing People v. Burgos, 144 SCRA 1 (1986).

110 SEARCHES AND SEIZURES UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 111
 • The search was for the enforcement of customs law; and G. Exigent and Emergency Circumstances

• The place searched is not a dwelling place or house.67 Experienced police officers have personal experience dealing with
criminals and criminal behavior. Hence, they should have the ability
F.  Stop and Frisk to discern, based on facts that they themselves observe, whether an
individual is acting in a suspicious manner. Clearly, a basic criterion
A stop and frisk is defined as the act of a police officer to stop a citizen on would be that the police officer, with his or her personal knowledge,
the street, interrogate him, and pat him for weapon(s) or contraband. must observe the facts leading to the suspicion of an illicit act.74
For a valid stop and frisk search, the arresting officer must have had
personal knowledge of facts which would engender a reasonable degree In one case, a search warrant was dispensed with as the courts were
of suspicion of an illicit act.68 Law enforcers must have a genuine reason closed and there was general chaos and disorder happening during a
to believe, based on their experience and the particular circumstances coup d’état.75
of each case, that criminal activity may be afoot.69 Mere suspicion is not
enough.70

To sustain the validity of a stop and frisk search, the arresting

officer should have personally observed two (2) or more suspicious
circumstances, the totality of which would then create a reasonable
inference of criminal activity to compel the arresting officer to investigate
further.71

Stop and frisk serves a two-fold interest:

• The general interest of effective crime prevention and detection,

which underlies the recognition that a police officer may, under
appropriate circumstances and in an appropriate manner, approach
a person for purposes of investigating possible criminal behavior
even without probable cause; and

• The more pressing interest of safety and self-preservation which

permit the police officer to take steps to assure himself that the
person with whom s/he deals is not armed with a deadly weapon that
could unexpectedly and fatally be used against the police officer.72

Law enforcers do not have unbridled discretion in conducting stop

and frisk searches. While probable cause is not required, a stop and
frisk search cannot be valid on the basis of a suspicion or hunch.73 The
allowable scope of a stop and frisk search is limited to a protective
search of outer clothing.

67 See Erwin Libo-on Dela Cruz v. People, G.R. No. 209387, January 11, 2016. 74 See People vs. Victor Cogaed y Romana, G.R. No. 200334, July 30, 2014.
68 See Larry Manibog v. People of the Philippines, G.R. No. 211214, March 20, 2019. 75 See People v. Rolando De Garcia, G.R. Nos. 102009-10, July 6, 1994.
69 See Mario Veridiano y Sapi v. People, G.R. No. 200370, June 7, 2017.
70 See Malacat v. Court of Appeals, 347 Phil 462 (1997).
71 See Larry Manibog v. People of the Philippines, G.R. No. 211214, March 20, 2019.
72 See Malacat v. Court of Appeals, 347 Phil. 462, 481-482 (1997).
73 Ibid.

112 SEARCHES AND SEIZURES UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 113
 CHAPTER 6:
DETENTION, ARREST, AND
CONFESSION

114 SEARCHES AND SEIZURES UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 115
 CHAPTER VI:
Detention, Arrest, and Confession

Sec. 1. General Provisions

The conduct of law enforcement agencies’ operations is governed by rules of

procedures that are anchored on the Bill of Rights as contained in Article III of the
1987 Constitution which identifies and defines the fundamental rights of citizens,
to wit:

• No person shall be deprived of life, liberty, or property without due process of

law. All persons shall enjoy equal protection of the law;76

• All persons have the right to be secure in their persons, houses, papers, and
effects against unreasonable searches and seizures. No search warrant or
warrant of arrest shall be issued except upon probable cause;77

• Any person under investigation shall have the right to be informed of his rights
to remain silent and to have competent and independent counsel preferably of
his own choice. If the person cannot afford the services of counsel, s/he must be
provided with one. These rights cannot be waived except in writing and in the
presence of counsel;78

• There should be no torture, force, violence, threat, intimidation, or any

other means which vitiate the free will. Secret detention places, solitary,
incommunicado, or other similar forms of detention are prohibited and any
confession or admission obtained through these shall be an admission in
evidence against him;79 and

• The accused shall be presumed innocent until proven guilty.80

Should an arrest be made not in accordance with the above rules, or otherwise put,
if the arrest is not lawfully warranted, such apprehension will be declared illegal,
and the arresting officers may be prosecuted for the crime of Arbitrary Detention
under Article 124 of the Revised Penal Code which penalizes any public officer
or employee who, without legal grounds, detains a person. This is in addition to
such other crimes or offenses that may be committed in the course of the illegal
apprehension and detention.

76 Section 1, Article III of the 1987 Constitution.

77 Section 2, Article III of the 1987 Constitution.
78 Section 12.1, Article III of the 1987 Constitution.
79 Sections 12.2 and 12.3, Article III of the 1987 Constitution.
80 Section 14.2, Article III of the 1987 Constitution.

116 DETENTION, ARREST, AND CONFESSION UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 117
 A.  Rights of Persons Arrested, Detained, or Under Custodial non-governmental organization duly accredited by the Office of the
Investigation President.

Any person arrested, detained, or under custodial investigation shall at The person’s “immediate family” shall include his or her spouse, fiancé
all times be assisted by counsel. It is required that: or fiancée, parent or child, brother or sister, grandparent or grandchild,
uncle or aunt, nephew or niece, and guardian or ward.82
• Any person under custodial investigation has the right to remain
silent; B.  Custodial Investigation
• Anything s/he says can and will be used against him in a court of This involves any questioning initiated by law enforcement officers
law; after a person has been taken into custody or otherwise deprived of his
freedom of action in any significant way. It is only after the investigation
• S/he has the right to talk to an attorney before being questioned and ceases to be a general inquiry into an unsolved crime and begins to focus
to have his counsel present when being questioned; and on a particular suspect, who is taken into custody and the police carries
out a process of interrogations that lend itself to eliciting incriminating
• If s/he cannot afford an attorney, one will be provided before any
statements that the rules laid down in Section 12 (1), Article III of the
questioning if s/he so desires.
Constitution and Section 2 of R.A. No. 7438 begin to operate83
The said rights are guaranteed to preclude the slightest use of coercion
Custodial investigation commences when a person is taken into
by the State as would lead the accused to admit something false, not to
custody and is singled out as a suspect in the commission of a crime
prevent him from freely and voluntarily telling the truth.81
under investigation and the police officers begin to ask questions on the
suspect’s participation therein and which tend to elicit an admission.84
Any waiver by a person arrested or detained under the provisions of
Article 125 of the Revised Penal Code, or under custodial investigation,
Custodial investigation, under R.A. No. 7438, shall include the practice
shall be in writing and signed by such person in the presence of his
of issuing an “invitation” to a person who is investigated in connection
counsel; otherwise, the waiver shall be null and void and of no effect.
with an offense s/he is suspected to have committed, without prejudice
Furthermore, any waiver provided by a person in custody shall be freely,
to the liability of the “inviting” officer for any violation of law.85
voluntarily, and knowingly made.
A “request for appearance” issued by law enforcers to a person identified
Any person arrested or detained or under custodial investigation shall
as a suspect is akin to an “invitation”. Thus, the suspect is covered by the
be allowed visits by or conferences with:
rights of an accused while under custodial investigation. Any admission
obtained from the “request for appearance” without the assistance of
• any member of his immediate family, or
counsel is inadmissible in evidence.86
• any medical doctor, or
Sec. 2. Detention
• priest or religious minister chosen by him or by any member of his
immediate family, or A person subject of a warrantless arrest must be delivered to the proper judicial
authorities within the periods provided in Article 125 of the Revised Penal Code,
• by his counsel, or otherwise, the public official or employee could be held liable for the failure to de-
liver except if grounded on reasonable and allowable delays.
• by any national non-governmental organization duly accredited
by the Commission on Human Rights or by any international

81 See People of the Philippines v. Robelyn Cabanada y Rosauro, G.R. No. 221424, July 19, 2017. 82 Section 2. R.A. No. 7438.
83 See People v. Omilig, G.R. No. 206296, August 12, 2015.
84 See Lopez v. People, G.R. No. 212186, June 29, 2016.
85 See People v. Omilig, G.R. No. 206296, August 12, 2015.
86 See Lopez v. People, G.R. No. 212186, June 29, 2016.

118 DETENTION, ARREST, AND CONFESSION UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 119
Article 125 of the Revised Penal Code is intended to prevent any abuse resulting A. Permissible Warrantless Arrests
from confining a person without informing him of his offense and without allowing
him to post bail. It punishes public officials or employees who shall detain any A peace officer or a private person may, without a warrant, arrest a
person for some legal ground but fail to deliver such person to the proper judicial person:
authorities within the periods prescribed by law. In case the detention is without
legal ground, the person arrested can charge the arresting officer with arbitrary • When, in his presence, the person to be arrested has committed, is
detention under Article 124 of the Revised Penal Code. This is without prejudice to actually committing, or is attempting to commit an offense;
the possible filing of an action for damages under Article 32 of the New Civil Code
of the Philippines.87 • When an offense has just been committed and s/he has probable cause
to believe based on personal knowledge of facts or circumstances
The waiver of Article 125 of the Revised Penal Code must coincide with the that the person to be arrested has committed it; and
prescribed period for preliminary investigation as mandated by Section 7, Rule
112 of the Rules of Court. Detention beyond this period violates the accused’s • When the person to be arrested is a prisoner who has escaped from
constitutional right to liberty.88 a penal establishment or place where s/he is serving final judgment
or is temporarily confined while his case is pending, or has escaped
A detainee under such circumstances must be promptly released to avoid violation while being transferred from one confinement to another.92
of the constitutional right to liberty, despite a waiver of Article 125 of the Revised
Penal Code, if the 15-day period (or the thirty 30- day period in cases of violation In cases falling under paragraphs (a) and (b) of Section 5, Rule 113 of the
of RA 9165) for the conduct of the preliminary investigation lapses. This rule also Rules of Court, the person arrested without a warrant shall be delivered
applies in cases where the investigating prosecutor resolves to dismiss the case, to the nearest police station or jail and shall be proceeded against in
even if such dismissal was appealed to the DOJ or made the subject of a motion accordance with Section 7 of Rule 112 of the Rules of Court.93
for reconsideration, reinvestigation, or automatic review. The reason is that such
dismissal automatically results in a prima facie finding of lack of probable cause to In the absence of any lawyer, no custodial investigation shall be conducted
file an information in court and to detain a person.89 and the suspected person can only be detained by the investigating officer
in accordance with the provisions of Article 125 of the Revised Penal Code.94
Sec. 3. Arrest
Sec. 4. In flagrante delicto arrests
It is the taking of a person into custody in order that s/he or she may be bound to
In arrest in flagrante delicto, the accused is apprehended at the very moment s/
answer for the commission of an offense. It occurs when there is actual restraint of
he is committing or attempting to commit or has just committed an offense in the
the person to be arrested or by that person’s voluntary submission to the custody of
presence of the arresting officer.95
the one making the arrest. Neither the application of actual force, manual touching
of the body, or physical restraint, nor a formal declaration of arrest, is required. A. Requisites
It is enough that there be an intention on the part of one of the parties to arrest
the other, and that there be an intent on the part of the other to submit, under the An in flagrante delicto arrest requires the concurrence of two (2)
belief and impression that submission is necessary.90 elements:

As a general rule, an arrest is considered legitimate if effected with a valid warrant • the person arrested must execute an overt act indicating that s/
of arrest. The Rules of Court, however, recognizes permissible warrantless arrests.91 he has just committed, is actually committing, or is attempting to
commit a crime; and

• the overt act was done in the presence or within the view of the
arresting officer.96

87 In the matter of the Petition for Issuance of Writ of Habeas Corpus with Petition for Relief, Integrated Bar of the Philippines, Pangasinan 92 Section 5, Rule 113, Rules of Court.
Legal Aid and Jay-Ar. R. Senin v. Department of Justice, Provincial Prosecutor’s Office, Bureau of Jail Management and Penology, and 93 Ibid.
Philippine National Police, G.R. No. 232413, July 25, 2017. 94 Section 3, Republic Act No. 7438.
88 Ibid. 95 See Saraum v. People, G.R. No. 205472, January 25, 2016.
89 Ibid. 96 See Porteria y Manebali v. People, G.R. No. 233777, March 20, 2019.
90 See Luz y Ong v. People, G.R. No. 197788, February 29, 2012.
91 See People v. Delos Reyes, G.R. No. 174774, August 31, 2011.

120 DETENTION, ARREST, AND CONFESSION UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 121
 B. Overt Act Test or suspicious behavior, is insufficient to justify the law enforcer in
believing that s/he was engaged in a criminal activity.102
Overt or external act has been defined as some physical activity or
deed, indicating the intention to commit a particular crime, more than • Acting on an information received about a man in possession of
a mere planning or preparation, which if carried out to its complete illegal drugs on board a bus, police officers waited for the bus along
termination following its natural course, without being frustrated by the highway and when the man disembarked, invited him to the
external obstacles nor by the voluntary desistance of the perpetrator, police station. As the man pulled out his hand from his pocket, a
will logically and necessarily ripen into a concrete offense.97 white envelope fell yielding a sachet of shabu. In holding that the
warrantless search was invalid, the Supreme Court observed that
The validity of a warrantless arrest requires compliance with the overt suspect was not “committing a crime in the presence of the police
act test. Failure to comply with the overt act test renders an in flagrante officers” at the time s/he was apprehended. Moreover, the man was
delicto arrest invalid. In one case, a supposed in flagrante delicto arrest arrested solely on the basis of a tip.103
was invalidated when the accused did not exhibit an overt act suggesting
that s/he was in possession of illegal drugs at the time that s/he was • A conspirator should have performed some overt act as a direct
apprehended.98 or indirect contribution to the execution of the crime committed.
Mere presence of an accused at the discussion of a conspiracy, even
Examples of overt acts: approval of it, without any active participation in the same, is not
enough for purposes of conviction.104
• A man with “reddish eyes and who was walking in a swaying
C. Personal knowledge of arresting officer is required
manner” at a place frequented by people using drugs, and who tried
to avoid the police officers were sufficient facts observed by the police In effecting an in flagrante delicto arrest under Section 5 (a) and (b)
officers that led them to believe that the man was high on drugs and of Rule 113 of the Revised Rules of Criminal Procedure,105 the officer’s
compelled them to investigate and search him.99 personal knowledge of the fact of the commission of an offense is
essential. Under Section 5(a), the officer himself witness/es the crime,
• A man holding transparent sachets containing white crystalline while in Section 5(b), the officer must have personal knowledge of facts
substance was walking on a street rampant for drug trafficking. and circumstances indicating that the person sought to be arrested
Police officers on patrol saw the man and the transparent sachets committed it.106
and their contents.100
D. Example of In Flagrante Delicto Arrest
Instances Not Considered Overt Acts:
Two policemen, resting in front of a store after patrolling the street, saw
• When the police officer was at a considerable distance away from the accused standing at a street corner 5 meters away from them and
the alleged criminal transaction (5 to 10 meters), and considering pulling a plastic sachet from his pocket. The accused was examining
the atomity of the object thereof (0.04 gram of white crystalline the sachet but due to the distance, the policemen could not see the
substance contained in a plastic sachet), such is highly doubtful contents. They discreetly approached the accused to scrutinize what the
that the arresting officer was able to reasonably ascertain that any accused was holding. Within an arm’s length distance, they saw that the
criminal activity was afoot so as to prompt a lawful in flagrante sachet contained marijuana. The policemen introduced themselves and
arrest and a warrantless search.101 the accused tried to flee but one of the policemen was able to grab his

• A mere passenger carrying a blue bag and a sack and travelling

aboard a jeepney, especially when s/he is not exhibiting any unusual 102
103
See People v. Cogaed, G.R. No. 200334, July 30, 2014.
See Veridiano v. People, G.R. No. 200370, June 7, 2017.
104 See Rimando v. People, G.R. No. 229701, November 29, 2017.
105 Section 5. Arrest without warrant, when lawful. – A peace officer or a private person may, without a warrant, arrest a person:
a. When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense;
b. When, an offense has just been committed, and he has probable cause to believe based on personal knowledge of facts or
circumstances that the person to be arrested has committed it; and
c. When, the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final
97 See Rait v. People, G.R. NO. 180425, July 31, 2008. judgment or is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to
98 See Mario Veridiano y Sapi v. People, G.R. No. 200370, June 7, 2017, citing People v. Cogaed, 740 Phil. another.
212 (2014). In cases falling under paragraphs (a) an (b) above, the person arrested without a warrant shall be forthwith delivered to the nearest
99 See Manalili v. Court of Appeals, 345 Phil. 632. police station or jail and shall be proceeded against in accordance with Section 7 of Rule 112.
100 See People v. Marcial M. Pardillo, G.R. No. 219590, June 7, 2017. 106 See Mario Veridiano y Sapi v. People, G.R. No. 200370, June 7, 2017.
101 See Sindac v. People, G.R. No. 220732, September 06, 2016.

122 DETENTION, ARREST, AND CONFESSION UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 123
 hands to recover the plastic sachet. The Supreme Court said that, when F. Other Relevant Jurisprudence
the policemen approached the accused, they were not as yet effecting
a warrantless arrest. Their purpose was merely to inquire into what • An arrest made after an entrapment does not require a warrant
appeared to be suspicious actuations of the accused. It was only upon inasmuch as it is considered a valid warrantless arrest pursuant to
close scrutiny that they were able to see what was inside the plastic Rule 113, Section 5(a) of the Rules of Court.110
sachet; hence the warrantless arrest they effected was justified since
the accused was actually committing a crime in their presence.107 • Coordination with the Philippine Drug Enforcement Agency (PDEA) is
not an indispensable requirement before police authorities may carry
E. Not In Flagrante Delicto Arrest out a buy-bust operation. While it is true that Section 86 of RA 9165
requires the National Bureau of Investigation, Philippine National
• When the police officer was at a considerable distance away from Police, and the Bureau of Customs to maintain “close coordination with
the alleged criminal transaction (5 to 10 meters), and considering the PDEA on all drug related matters,” the provision does not, by so
the atomity of the object thereof (0.04 gram of white crystalline saying, make PDEA’s participation a condition sine qua non for every
substance contained in a plastic sachet), such is highly doubtful buy-bust operation. After all, a buy-bust is just a form of an in flagrante
that the arresting officer was able to reasonably ascertain that any arrest sanctioned by Section 5, Rule 113 of the Rules of the Court, which
criminal activity was afoot so as to prompt a lawful in flagrante police authorities may rightfully resort to in apprehending violators of RA
arrest and a warrantless search. 9165 in support of the PDEA. A buy-bust operation is not invalidated by
mere non-coordination with the PDEA.111
• A policeman and a civilian asset were riding a motorcycle cruising
at 30 kph when they saw the accused, 10 meters away, showing • The choice of whether to apply for a search warrant or to conduct a
“improper and unpleasant movements” with one of them handing buy-bust operation is within the exclusive discretion of the police and
a sachet to the other person. The policeman arrested them and is irrelevant to the issue of whether a legitimate buy-bust operation was
confiscated 2 plastic sachets containing white crystalline substance. undertaken. Certainly, police officers have the right to choose which
The Supreme Court ruled that the warrantless arrest was unlawful legal means or processes are best suited, given the circumstances, in
and found it highly implausible for the policeman to identify with accomplishing the task they are called upon to perform.112
reasonable accuracy, especially from a distance of around 30 meters
and while on board a motorcycle cruising at a speed of 30 kph, Sec. 5. Extra-Judicial Confessions
miniscule amounts of white crystalline substance inside 2 very small
plastic sachets held by the accused. The acts of standing around with Any extrajudicial confession made by a person arrested, detained, or under custodial
a companion and handing over something to another person cannot investigation shall be in writing and signed by such person in the presence of his
in any way be considered criminal acts. Even if the accused and his counsel or in the latter’s absence, upon a valid waiver, and in the presence of any
companion were showing “improper and unpleasant movements”, of the parents, elder brothers and sisters, his spouse, the municipal mayor, the
the same would not have been sufficient to effect a lawful warrantless municipal judge, district school supervisor, or priest or minister of the gospel as
arrest.108 chosen by him; otherwise, such extrajudicial confession shall be inadmissible as
evidence in any proceeding.113
• A mere passenger carrying a blue bag and a sack and travelling
aboard a jeepney, especially when s/he is not exhibiting any unusual A. Admissibility: Constitutional limitation
or suspicious behavior, is insufficient to justify the law enforcer in
believing that s/he was engaged in a criminal activity. 109 A confession is admissible in evidence if it is satisfactorily shown to
have been obtained within the limits imposed by the 1987 Constitution.
Section 12, Article III provides:

107 See Kenneth Santos v. People, G.R. No. 232950, August 13, 2018. 110 See Teodosio y Blancaflor v. Court of Appeals, G.R. No. 124346, June 8, 2004.
108 See Alvin Comerciante v. People, G.R. No. 205926, July 22, 2015. 111 See People v. Roa y Villaluz, G.R. No. 186134, May 6, 2010.
109 See People v. Cogaed, G.R. No. 200334, July 30, 2014. 112 See People v. Balaquit, G.R. No. 206366, August 13, 2014.
113 Section 2(d), RA 7438.

124 DETENTION, ARREST, AND CONFESSION UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 125
 • Any person under investigation for the commission of an offense There must be such corroboration that, when considered in connection
shall have the right to be informed of his right to remain silent and with a confession, will show the guilt of the accused beyond reasonable
to have competent and independent counsel preferably of his own doubt. Circumstantial evidence may be sufficient corroboration of a
choice. If the person cannot afford the services of counsel, s/he confession.118
must be provided with one. These rights cannot be waived except in
writing and in the presence of counsel. D. Confession is Presumed Voluntary

• No torture, force, violence, threat, intimidation or any other means A confession is presumed to be voluntary until the contrary is proved
which vitiate the free will shall be used against him. Secret detention and the declarant bears the burden of proving that his confession is
places, solitary, incommunicado, or other similar forms of detention involuntary and untrue.119 The term “voluntary” means that the accused
are prohibited. speaks of his free will and accord, without inducement of any kind, and
with a full and complete knowledge of the nature and consequences of
• Any confession or admission obtained in violation of this or Section the confession.120
17 hereof shall be inadmissible in evidence against him.114 E. Voluntariness May Be Inferred from the Language
B. Requisites
The voluntariness of a confession may be inferred from its language
An extrajudicial confession to be admissible, must conform to the such that if, upon its face, the confession exhibits no suspicious
following requisites: circumstances tending to cast doubt upon its integrity, it being replete
with details which could only be supplied by the accused, it may be
• The confession must be voluntary; considered voluntary.121

• The confession must be made with the assistance of a competent F. Personal Circumstances of Accused Must Be Considered
and independent counsel, preferably of the confessant’s choice;
In determining voluntariness, the following should be considered:
• The confession must be express; and
• Age, character, and circumstances prevailing at the time it was
• The confession must be in writing. 115 made;

C. Extrajudicial Confession is not a Sufficient Ground for • Situation and surroundings of the accused;
Conviction
• Intelligence of the accused; and
An extrajudicial confession made by an accused, shall not be sufficient
ground for conviction, unless corroborated by evidence of corpus • The accused realized the import of his act.122
delicti.116 Said evidence may be either direct or circumstantial evidence.
If it is circumstantial evidence, the accused may be convicted when:

• There is more than one circumstance;

• The facts from which the inferences are derived are proven; and

• The combination of all the circumstances is such as to produce a

conviction beyond reasonable doubt.117

114 See People v. Rapeza y Francisco, G.R. No. 169431, April 4, 2007. 118 See People v. Satorre, G.R. No. 133858, August 12, 2003.
115 Ibid. 119 See People v. Porio y Rapsing, G.R. No. 117202, February 13, 2002.
116 Rule 133, Section 3, Revised Rules of Court. 120 Ibid.
117 See Porteria y Manebali v. People, G.R. No. 233777, March 20, 2019. 121 Ibid.
122 Ibid.

126 DETENTION, ARREST, AND CONFESSION UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 127
 G. Extrajudicial Confession Made Before Media
Statements spontaneously made by a suspect to news reports during a
televised interview are deemed voluntary and admissible in evidence.123

Admissions made by a suspect during the press conference called by

the Mayor is competent evidence to support his conviction even if
made without the assistance of counsel. The Constitutional procedures
on custodial investigation do not apply to spontaneous statement, not
elicited through questioning by the authorities, but given in an ordinary
manner whereby the suspect orally admitted having committed the
crime.124

123 See People v. Guillermo, GR No. 147786, 20 January, 2004, citing People v. Andan, (336 Phil 91, 106, [1997]) and People v. Vizcarra,
(115 SCRA 743, 752, [1982]) where the accused, under custody, gave spontaneous answers to a televised interview by several press
reporters in the office of the CIS. In these cases, the court ruled that confessions were made in response to questions by news reporters,
not by the police or any other investigating officer. These extrajudicial confessions were deemed admissible as evidence.
124 See People v. Mantung, G.R. No. 130372, July 20, 1999.

128 DETENTION, ARREST, AND CONFESSION UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 129
 CHAPTER 7:
OPERATION

130 DETENTION, ARREST, AND CONFESSION UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 131
 CHAPTER VII:
Operation

Sec. 1. Initiatory Acts

All law enforcement agencies may initiate investigations for violations of RA 9165
pursuant to their mandate, laws and jurisprudence, and lawful orders from their
superiors.

The law enforcers are mandated or authorized to initiate investigations based on

any of the following sources:
• Intelligence Report - means any information, which can be extracted from the
blotter, information reports, and/or summary of information, for the purpose
of validation, verification, and counter-action;

• Letter from other government agencies - whether foreign or local counterparts,

that either requests for assistance in apprehending drug suspects, seizure
of dangerous drugs, providing any information or leads as to the identity of
personalities involved in illegal drugs;

• Directives from superiors - investigations are initiated based on the orders of

the Director General of PDEA or his deputies. For members of the PNP, orders
are derived either from the Chief PNP or the Secretary of the DILG. For their
part, the agents and investigators of the NBI can be properly directed by the
Secretary of Justice or the Director of the NBI. All of these law enforcers are
likewise bound to follow the orders from the Office of President to investigate
crimes involving illegal drugs or initiate investigations on personalities involved
in illegal drugs;

• Agency initiative - law enforcers, at their own initiative and with the approval
of their superiors, can also initiate investigation based on information provided
by a concerned citizen, or their assets and confidential informants;

• Complaint or letter-request from any person to look into the possible drug
activity of certain personalities or neighborhood; and

• Other sources such as but not limited to social media platforms.

Based on these sources, the law enforcement agencies (LEAs) shall secure authority
to verify the information to validate it for counter-action.

132 OPERATION UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 133
Sec. 2. Planning/Preparation • In remote places where coordination is not possible;

As a general rule, all operations must be preceded by adequate planning and • When coordination will compromise the lives of police operatives, informants,
preparation to ensure the successful prosecution of cases, observance of human and witnesses involved in anti-illegal drug operations;
rights of suspects, safety of operating elements, and the security and integrity of
seized items/evidence. • When coordination will hinder the apprehension of drug suspects and
confiscation of dangerous drugs and Controlled Precursors and Essential
Good intelligence is indispensable in the planning and preparation for an operation. Chemicals (CPECs); and
It must be a product of careful analysis of all relevant information such as maps,
physical description of target premises, sketches, personality profiles of suspects, • When prior coordination will compromise the entire police operation.
terrain, and population analyses of the area(s) and other information that can
contribute to establishing the modus operandi and apprehension of suspects and/ In the above instances, post coordination shall still be made in lieu of prior
or seizure of prohibited items and evidence with the least danger posed to operating coordination.
elements.
Sec. 4. Conduct of Operations
All planned anti-illegal drug operations must be covered by an Authority to
Operate, a Coordination Form, and/or Pre-Operation Reports, and subsequently This Section covers the specific rules and procedures in the following drug
documented by relevant reports such as intelligence reports, after surveillance operations:
reports, after casing reports, spot reports, progress reports, and/or after operation
reports. • Plain In Flagrante Arrest

While the authority to conduct investigation might not be required during the • Buy-Bust Operation
inquest or preliminary investigation, the authority may be necessary to give
credibility to the investigation or when asked by the court during the trial. • Implementation of Search Warrants

• Eradication of Marijuana
Coordination with the local police in the area of operation is essential to prevent
any possible misencounter provided that the security and confidentiality of the
• Interdiction
operation will not be compromised.
◊ Airport
Only PDEA agents and members of any Drugs Enforcement Unit of the PNP, the
NBI, and the Bureau of Customs shall be allowed to conduct planned anti-illegal ◊ Seaport
drug operations.
◊ Maritime Interdiction
Sec. 3. Coordination Requirements
◊ Land
Prior to any planned anti-illegal drug operation, the PNP, NBI, and other law
enforcement agencies shall, as far as practicable, coordinate with the PDEA. A.  Plain In Flagrante Arrest
The word “as far as practicable” as stated in Section 86, IRR of RA 9165 means that Any law enforcement officer can effect an arrest for violation of RA 9165
prior coordination with the PDEA may be done, practiced, or accomplished when when, in his presence, the person arrested has committed, is actually
feasible and possible. Nonetheless, it admits of exceptions, such as but not limited committing, or is attempting to commit a violation of RA 9165, or when
to: a violation of RA 9165 has just been committed, and the arresting officer

134 OPERATION UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 135
 has probable cause to believe based on personal knowledge of facts or 3. The taking of photographs, and physical inventory of the drug or
circumstances that the person arrested has committed it.125 A private non-drug evidence seized or confiscated must immediately be
person can also effect in flagrante arrest pursuant to Section 5, Rule 113 conducted on site and in the presence of the required witness/es.
of the Revised Rules on Criminal Procedure. If not practicable, the taking of photograph and physical inventory
must be conducted at the nearest police station or office of the
Personal knowledge, for purposes of determining probable cause, apprehending team/officer130 and ensure that the integrity and
means actual belief or reasonable grounds of suspicion. The grounds evidentiary value of the evidence seized are preserved and processed
of suspicion are reasonable when, in the absence of actual belief of according to the following:
the arresting officers, the suspicion that the person to be arrested is
probably guilty of committing the offense is based on actual facts, i.e., a. Drug evidence:
supported by circumstances sufficiently strong in themselves to create
the probable cause of guilt of the person to be arrested. A reasonable • Take photographs;
suspicion, therefore, must be coupled with good faith on the part of the
peace officers making the arrest.126 • Place markings;

These are the steps to be taken when making in flagrante arrest (to • Conduct separate inventory;
include checkpoint operation and other warrantless anti-illegal drug
operations): • Accomplish all the above in the presence of witness/es, and
the accused or his representative or counsel. In the absence of
1. The arrested person must be restrained with handcuffs or other these witness/es, the same must be explained in the affidavit;
restraining materials but no violence or unnecessary force shall
be used or greater restraint shall be made than is necessary for the • Have the inventory signed by witness/es;
person’s detention.127 The arrested person must be apprised of his
Constitutional rights which may be expressed as follows:128 • Give the witness/es and the accused, or his counsel or his
representative a copy of the inventory;
“I/We am/are arresting you for violation of RA 9165. You are hereby
informed of your right to remain silent and to have competent and • Place drug evidence in evidence bag, if necessary; and
independent counsel preferably of your own choice. And if you
• Accomplish the Chain of Custody Form. (See Annex 2)
cannot afford the services of counsel, you will be provided one.”; or
b. Non-drug evidence:
“Ako/Kami ay inaaresto kita/ka namin sa paglabag sa RA 9165.
Pinapaalalahan kita/ka namin na ikaw ay may karapatang
• Take photographs;
magsawalang kibo at magkaroon ng isang manananggol na
iyong sariling pili, at kung hindi mo kayang umupa ng isang
• Place markings if not readily identifiable or if necessary;
manananggol, bibigyan ka naming ng isa.”
• Conduct inventory;
2. When a person is arrested or caught in flagrante delicto, a search on
his person, his belongings, and immediate premises must be made. • Accomplish all the above in the presence of witness/es, and
A person lawfully arrested may be searched for dangerous weapons the accused or his representative or counsel. In the absence of
or anything which may have been used or constitute proof in the these witness/es, the same must be explained in the affidavit;
commission of an offense without a search warrant.129
• Have the inventory signed by witness/es;

125 Rules of Court, Rule 113, Section 5 (a) & (b). 130 See Sec 21 of RA 9165 as amended.
126 See Pestilos v. Generoso, G.R. No. 182601, November 10, 2014.
127 Rules of Court, Rule 113, Section 2, paragraph 2.
128 The 1987 Philippine Constitution, Article III, Section 12, paragraph 1.
129 Rules of Court, Rule 126, Section 13.

136 OPERATION UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 137
 • Give the witness/es, and the accused or his representative or
counsel with a copy of the inventory; a. Essential Documentary Evidence:

• Secure drug evidence in evidence bag, if necessary; and • Case Referral to the Prosecutor’s Office (See Annex 5);

• Accomplish a separate Chain of Custody Form. (See Annex 3) • Affidavit of Arrest (See Annex 5);

4. Submit the drug evidence for laboratory examination and secure • Affidavit of Seizing Officer (See Annex 9);
results.
• Inventory of Property Seized (See Annex 7);
a. Prepare request for laboratory examination.
• Accomplished Chain of Custody Form;
b. Document the submission or turnover in the chain of custody.
• Request for and Result of Laboratory Examination/Chemical
c. Accomplish the Acknowledgment Receipt. Analysis of Seized Items; and

5. Submit the non-drug evidence to the concerned evidence custodian • Photographs of evidence.
for safekeeping.
b. Other Documentary Evidence, that may be presented upon being
a. Document the submission or turnover in the separate chain of required by the Inquest/Investigating Prosecutor:
custody.
• Affidavit of the Investigator-On-Case;
b. Accomplish Acknowledgment Receipt.
• Affidavits of witness/es under Section 21 or Letters of
6. Process the person arrested. Invitations to the witness/es and, in the absence of one of
the witness/es, provide a justification under oath for such
a. Subject the person to medical examination. absence;

b. Subject the person to booking procedures. • Affidavits of other witness/es;

• Accomplish the booking sheet. • Investigation report;

• Take and encode the personal information. • Spot report;

• Fingerprint and photograph the person, preferably in mug • Request for and Result of Physical/Medical Examination and
shot background. Laboratory Screening Test of the suspects;

• Check criminal records. • Receipt of Inventory of Property Seized;

• Subject the person to drug test and secure results. • Receipt of Turn-Over of Evidence;

7. Prepare case folder for the inquest of the person. The responsible • Receipt of Turn-Over of Arrested Suspects;
agent/Investigator-On-Case shall prepare the Case Referral to the
Prosecutor’s Office for inquest proceedings for violation of RA 9165
and should attach the following:

138 OPERATION UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 139
 • Acknowledgment Receipt of Drug Evidence from the Chemist; FLOWCHART NO.1
• Photographs of the Suspects; and FLOWCHART: IN FLAGRANTE OR BUY BUST
• Booking Sheet and Arrest Report. APPREHENSION OF SUSPECT/S EITHER IN FLAGRANTE DELICTO OR BUY BUST

PHOTOGRAPHS, MARKING & INVENTORY

• At the place where illegal drugs were seized
• Nearest police station
• Nearest office of the apprehending team

PHOTOGRAPHS, MARKING & INVENTORY DONE IN

THE PRESENCE OF THE FOLLOWING:
• Accused or the person/s from whom such items
IF WITNESS/ES IS ABSENT, EXECUTE AN
were seized or his representative or counsel
AFFIDAVIT JUSTIFYING THE ABSENCE OF
• Any elected public officials
THE WITNESS/ES*
• Representative from NPS or media

THE ABOVE PERSONS SHALL SIGN COPIES OF THE

INVENTORY AND SHALL BE GIVEN A COPY THEREOF

EVIDENCE SHALL BE IMMEDIATELY TURNED OVER BY THE SEIZING OFFICER TO THE CRIME LABORATORY
TOGETHER WITH THE ACCOMPLISHED CHAIN OF CUSTODY FORM

WITHIN 24 HOURS, THE DRUG EVIDENCE SHOULD BE FORWARDED TO THE CRIME LABORATORY FOR
QUALITATIVE EXAMINATION

THE SUSPECT SHALL BE BROUGHT TO THE HOSPITAL FOR MEDICAL EXAMINATION

WITHIN 24 HOURS, THE CRIME LABORATORY ISSUES THE FORENSIC LABORATORY RESULTS

ARRESTED SUSPECTS WILL BE PRESENTED FOR INQUEST/PRELIMINARY EXAMINATION

INFORMATION WILL BE FILED BEFORE THE COURT

*(1) their attendance was impossible because the place of arrest was a remote area; (2) their safety during the inventory and photograph of the seized drugs
was threatened by an immediate retaliatory action of the accused or any person/s acting for and in his/her behalf; (3) the elected official themselves were
involved in the punishable acts sought to be apprehended; (4) earnest efforts to secure the presence of a DO.J or media representative and an elected public
official within the period required under Article 125 of the Revised Penal Code prove futile through no fault of the arresting officers, who face the threat
of being charged with arbitrary detention; or (5) time constraints and urgency of the anti-drug operations, which often rely on tips of confidential assets,
prevented the law enforcers from obtaining the presence of the required witnesses even before the offenders could escape. (OCA Circular No. 251-2018)

WITHIN 72 HOURS, A JUDGE SHALL CONDUCT AN OCULAR INSPECTION FROM THE TIME OF APPLICATION FOR
DESTRUCTION AND DISPOSAL OF DRUGS

WITHIN 24 HOURS FROM THE CONDUCT OF OCULAR INSPECTION, THE COURT SHALL ORDER THE
RETENTION OF A REPRESENTATIVE SAMPLE

WITHIN 24 HOURS FROM OCULAR INSPECTION, COURT SHALL ORDER THE IMMEDIATE DESTRUCTION
AND DISPOSAL OF DRUGS

AFTER DESTRUCTION, DDB WILL ISSUE A CERTIFICATE AS TO THE FACT OF THE DESTRUCTION

TRIAL

AFTER PROMULGATION, PROSECUTION SHALL INFORM THE BOARD OF THE TERMINATION OF THE
CASE AND REQUEST THE COURT TO TURNOVER EVIDENCE TO PDEA WITHIN 2 HOURS

140 OPERATION UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 141
 B.  Entrapment/Buy-Bust Operations before giving the pre-arranged signal to the other members of the
team for the arrest of the suspect;
All buy-bust operations shall be in accordance with the provisions of
Article III of the 1987 Constitution, Section 5, Paragraph (a), Rule 113 8. When the suspect is arrested, the Arresting Officers shall immediately
of the Rules of Court, and prevailing jurisprudence. introduce themselves, then inform the suspect/s of the nature
of their arrest and of their constitutional rights unless the same
These procedures may vary depending on the prevailing situation would endanger the lives of the arresting team, in which case the
during operation. Flexibility is provided as there is no hard-and-fast process may be done after the suspect is secured. After the arrest,
rule in buy-bust operations. For the conduct of entrapment/buy-bust the Arresting Officers shall search the body of the suspect for any
operations, the law enforcement unit/s must take into consideration deadly weapon and illegal items and recover the buy-bust money;
the following:
9. The Seizing Officer shall immediately confiscate and take custody of
1. Plan the buy-bust operation by considering all available intelligence the illegal drugs and buy-bust money, if available. During the physical
information and report about the suspect/target individual that inventory, the Seizing Officer must mark and take photographs of
could aid the operatives in the conduct of a successful buy-bust the seized/recovered evidence, affix accordingly his/her signature/
operation; initials, indicate the corresponding date, and chronologically label
the same in accordance with Section 21 of RA 9165, as amended by
2. Conduct surveillance, validate information, and, if necessary and RA 10640, in the presence of witnesses required by law132 by affixing
practicable, a test buy may first be conducted. The dangerous drugs her or his initials, the date and her or his signature and labeling the
purchased shall be photographed, marked, sealed, and submitted same chronologically in sequence, as the case may be;
to the PDEA Laboratory Service, the PNP Crime Laboratory, or NBI
Forensic Laboratory, as the case may be, for analysis and custody; 10. The taking of photographs, marking, and inventory shall be made
at the place where the dangerous drugs and/or illegal items were
3. Secure Authority to Operate; seized, but for justifiable reasons, the same can be done at the
nearest police station or office of the apprehending officer or team,
4. Coordinate the operation with PDEA, as far as practicable. The lack whichever is practicable. However, in cases when inventory is not
of required coordination with PDEA under RA 9165, Section 86 will done on site, the inventory officer must be able to justify and explain
not, however, invalidate the buy-bust operation which is just a form the reason for his/her failure to do so to ensure the preservation of
of in flagrante arrest sanctioned by the Rules of Court, Rule 113, the integrity and evidentiary value of the seized item/s;
Section 5;131
11. Thereafter, the Arresting/Seizing Officer shall turn-over the arrested
5. Conduct a briefing preparatory to the buy-bust to discuss the suspects to the custodial facility for booking and processing. The
designation of personnel and their respective duties, safety and arrested suspects shall undergo physical/medical examination and
security aspect of the operation, and possible coordination with drug test within twenty-four (24) hours from the time of arrest;
the other law enforcement units. The logistical and documentary
requirements for the operation shall also be discussed and prepared; 12. The Seizing Officer shall submit the seized dangerous drugs to
the PDEA Laboratory Service, PNP Crime Laboratory, or the NBI
6. Secure or record genuine and earnest efforts to secure the witness/ Forensic Laboratory, as the case may be, for examination and
es from the National Prosecution Service or media and an elected analysis;
public official;
13. The responsible agent/Investigator-On-Case shall prepare all
7. During the actual buy-bust, the poseur-buyer must ensure that the documentary/evidentiary requirements for purposes of inquest
suspect delivers the illegal drugs and accepts the buy-bust money proceedings before the appropriate Prosecutor’s Office for violation

131 See People v. Balaquit, G.R. No. 206366, August 13, 2014. 132 (a) The suspect or person/s from whom such items were confiscated and/or seized or his/ her representative or counsel; (b) an elected
Public Official; and (c) Any representatives from the Department of Justice or Media who shall affix their signatures and who 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. If in case said witnesses are absent, their absence should be recorded in the report, explaining the
reason why they are absent. It must be shown that earnest efforts were exerted to contact and sure the presence of these witnesses.

142 OPERATION UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 143
 of pertinent provisions of RA 9165. These requirements shall include • Acknowledgment Receipt of Drug Evidence from the Chemist;
the following:
• Photographs of the Suspects; and
a. Essential Documents:
• Booking Sheet and Arrest Report.
• Case Referral to the Prosecutor’s Office;
14. The responsible agents/Investigator-On-Case shall bring the
• Affidavit of Arrest; person subject of the arrest, together with the relevant evidence,
the arresting officers, seizing officers, and/or other witness/es to the
• Affidavit of Seizing Officer; Prosecutor’s Office for inquest proceedings.133

• Affidavit of Poseur Buyer; C. Implementation of Search Warrants

• Inventory of Property Seized; The right of the people to be secure in their persons, houses, papers,
and effects against unreasonable searches and seizures of whatever
• Accomplished Chain of Custody Form; nature and for any purpose shall be inviolable, and no search warrant
or warrant of arrest shall issue except upon probable cause to be
• Request for and Result of Laboratory Examination/Chemical determined personally by the judge after examination under oath or
Analysis of Seized Items; and affirmation of the complainant and the witness/es s/he may produce,
and particularly describing the place to be searched and the persons or
• Photographs of evidence; things to be seized.134

b. Supporting Documents, if applicable: As a general rule, the application for search warrant shall be filed with
the executive judge of any court within whose territorial jurisdiction a
• Affidavit of the Investigator-On-Case; violation of RA 9165 has been committed or is being committed. For
compelling reasons, as stated in the application, the same can be filed
• Affidavits of witness/es under Section 21 of RA 9165 or any with the executive judge of any court within the judicial region where
other formal request and, in the absence of one of the witness/ the crime was committed if the place of the commission of the crime is
es, a statement under oath setting forth the justification for known, or any court within the judicial region where the warrant shall
the absence of one of the witness/es; be enforced.

• Affidavits of other witness/es; Per the authority delegated by the Chief of the PNP, all applications
for search warrant for violations of RA 9165 which shall be enforceable
• Spot Report; within the territorial jurisdiction of the issuing court, must been
endorsed or authorized by the following key officials in their respective
• Request for and Result of Physical/Medical Examination and territorial jurisdictions: Deputy Chief for Operations, Directorate for
Laboratory Screening Test of the suspects; Investigation and Detective Management, Directorate for Integrated
Police Operations, Regional Directors, Directors, National Support
• Receipt of Inventory of Property Seized; Units, Regional Chiefs, National Support Units, Provincial Directors,
Provincial Offices, National Support Unit, and Chief of Police.
• Receipt of Turn-Over of Evidence;

• Receipt of Turn-Over of Arrested Suspects;

133 The case must be filed within the reglementary period prescribed under Article 125 of the Revised Penal Code, which is 12 hours for
Light Offenses, 18 hours for Less Grave, and 36 hours for Grave Offense.
134 Section 2, Article III, 1987 Constitution.

144 OPERATION UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 145
 Per the authority delegated by the PDEA Director General, all applications • Affidavit of Applicant, who has personal knowledge of the relevant facts
for search warrant for violations of RA 9165 which shall be enforceable and circumstances, which shall contain the name of the applicant,
within the territorial jurisdiction of the issuing court, must been endorsed his rank/position and office where s/he belongs, authority to apply
or authorized by the following key officials of the PDEA in their respective for search warrant, name of the person/occupant of the premises to
territorial jurisdictions: Deputy Director General for Operations, Regional be searched, address of the premises to be searched, and proof of
Directors, Director, Special Enforcement Service, Director, Intelligence illegal activity;
and Investigation Service, and Deputy Regional Directors.
• Photographs;
Per the authority delegated by the NBI Director, all applications for
search warrant for violations of RA 9165 which shall be enforceable • Statement of witness/es under oath;
within the territorial jurisdiction of the issuing court, must been endorsed
or authorized by the following key officials in their respective territorial • Sketch of the premises;
jurisdictions: the Regional Directors or Acting Regional Directors, Deputy
Director for Regional Operations Services, Deputy Director for Intelligence • Surveillance Reports, as far as practicable;
Services, and Deputy Director for Investigative Services.
• Description of place; and
However, the Executive Judge and Vice Executive Judges of the Regional
Trial Courts of Manila and Quezon City are authorized to act on all • Certification from Crime Laboratory or NBI/PDEA Forensic
applications for search warrants involving dangerous drugs and to issue the Laboratory.
warrants, if justified, which may be served in places outside the territorial
It should be noted that there should be a reasonable particularity in the
jurisdiction of said courts.135
description of the place and/or things subject of the search.
The applicant shall report to the court administrator the action taken on
A description of the place to be searched is sufficient if the officer with
the application if not acted upon by the judge within the day. Otherwise,
warrant can ascertain and identify with reasonable effort the place
the applicant shall furnish the court administrator a copy of the return of
intended, and distinguish it from other places in the community. A
the warrant for its information. The DOJ shall coordinate with the court
designation that points out the place to be searched to the exclusion
administrator to come up with a mechanism that will institutionalize a
of all others, and on inquiry unerringly leads the peace officers to it
reasonable process for a speedy and systematic issuance of a warrant.
satisfies the constitutional requirement of definiteness.136
For purposes of an application for a search warrant, the following
A search warrant may be said to particularly describe the things to be
documents shall be necessary:
seized (1) when the description therein is as specific as the circumstances
will ordinarily allow, (2) when the description expresses a conclusion of
• Affidavit of Deponent;
fact—not of law by which the warrant officer may be guided in making
the search and seizure, and/or (3) when the things to be described are
limited to those which bear direct relation to the offenses for which the
warrant is being issued. The purpose for this requirement is to limit the
135 A.M. No. 99-10-09-SC (Re: Resolution Clarifying the Guidelines on the Application for and Enforceability of Search Warrants.) The
Court Resolved to APPROVE the Draft Resolution Clarifying the Guidelines on the Application for and Enforceability of Search Warrants.
articles to be seized only to those particularly described in the search
warrant in order to leave the officers of the law with no discretion
In the interest of an effective administration of Justice and pursuant to the powers vested in the Supreme Court by the Constitution, the
following are authorized to act on all applications for search warrants involving heinous crimes, illegal gambling, dangerous drugs, and regarding what items they shall seize, to the end that no unreasonable
illegal possession of firearms: The Executive Judge and Vice Executive Judges of the Regional Trial Courts, Manila and Quezon City,
filed by the Philippine National Police (PNP), the National Bureau of Investigation (NBI), The Presidential Anti-Organized Crime task searches and seizures will be committed.137
Force (PAOC-TF) and the Reaction Against Crime Task Force (REACT-TF) with the Regional Trial Courts of Manila and Quezon City.

The applications shall be personally endorsed by the heads of the said agencies, for the search of places to be particularly described
therein, and the seizure of property of things as prescribed in the Rules of Court, and to issue the warrants, if justified, which may be
served in places outside the territorial jurisdiction of said courts. The authorized judges shall keep a special docket book listing the details
of the applications and the result of the searches and seizures made pursuant to the warrants issued.

This Resolution is effective immediately and shall continue until further orders from this Court and shall be an exception to the provisions 136 Dimal v. People, G.R. No. 216922, April 18, 2018.
of Circular No. 13 dated 1 October 1985 and Circular No. 19 dated 4 August 1987. This Resolution supersedes Administrative Order No. 137 Ibid.
20-97, issued on 12 February 1997, and Administrative Order No. 46-97, issued on 19 March 1997.

The Court Administrator shall implement this Resolution.

146 OPERATION UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 147
 Technical precision of description is not required. It is only necessary • Copy of the Search Warrant;
that there be reasonable particularity and certainty as to the identity of
the property to be searched for and seized, so that the warrant shall not • Affidavit of Arrest;
be a mere roving commission.138
• Affidavit of Seizing Officer;
The search warrant shall be implemented within ten (10) days from its
issuance. Thereafter, it shall be void. The warrant must direct that it • Inventory of Property Seized;
be served in the daytime, unless the affidavit asserts that the property
is on the person or in the place ordered to be searched, in which case • Accomplished Chain of Custody Form;
a directive may be included that it be served at any time of the day or
night. It may be served during daytime or nighttime as provided for in • Request for Laboratory Examination/ Chemical Analysis of Seized
the search warrant.139 Items;

The place to be searched must be the place described and indicated in • Chemistry Report; and
the search warrant.
• Photographs of the evidence.
Prior to the conduct of the search, coordination with the PDEA must be
made, as far as practicable. The searching team must secure the presence
The complaint may also be accompanied/supported by the following
of the required witness/es under Section 21 of RA 9165.
documents:
The evidence seized must be properly photographed, marked, and
• Affidavit of the investigator-on-case;
inventoried in accordance with RA 9165. The officer seizing the property
under the warrant must give a copy of the inventory for the same to
• Affidavits of witness/es under Section 21 of RA 9165 or any other
the lawful occupant of the premises, or his lawyer, or his authorized
formal request and, in the absence of one of the witness/es, a
representative, or in their absence the witness/es, in whose presence
statement under oath setting forth the justification for the absence
the search and seizure were made.
of one of the witness/es;
The real property subject of the search warrant must be properly • Affidavits of Other Witness/es;
secured and endorsed to the occupants’ relative, neighbor, or lawyer or
to the concerned barangay officials in case all occupants are arrested or • Request for and Result of Physical/Medical Examination and
are brought to the office of the raiding team. Where the real property Laboratory; Screening Test of the suspects
subject of the search warrant is being leased, the same shall be properly
endorsed to the lessor/owner. • Receipt of Inventory of Property Seized;

The search warrant must be returned to the issuing court within ten • Receipt of Turn-Over of Evidence;
(10) days from its execution, informing the court of what transpired
during its implementation, including any seizures and/or arrests made. • Receipt of Turn-Over of Arrested Suspects;

The agent/Investigator-On-Case shall transmit the necessary complaint • Acknowledgment Receipt of Drug Evidence from the Chemist;
for violation of pertinent provisions of RA 9165 to the Prosecutor’s
Office for inquest proceedings. The complaint must be accompanied/ • Photographs of the Suspects;
supported by:
• Booking Sheet and Arrest Report; and
• Case Referral to the Prosecutor’s Office;
• Application for Search Warrant.

138 Dimal v. People, G.R. No. 216922, April 18, 2018.

139 Sections 9 and 10, Rule 126, Revised Rules of Criminal Procedure.

148 OPERATION UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 149
 FLOWCHART NO.2 D. Eradication of Marijuana, Opium Poppy, and Other Plant
Sources of Dangerous Drugs140
FLOWCHART: IMPLEMENTATION OF SEARCH WARRANT
As part of their mandate to conduct anti-illegal drug operations, law
COORDINATE WITH PDEA, AS FAR AS PRACTICABLE enforcers conduct eradication of marijuana, opium poppy, and other
plant sources of dangerous drugs which generally refers to the seizure
SECURE THE PRESENCE OF REQUIRED WITNESSES: and destruction including uprooting of plant sources of cannabis or
ANY ELECTED PUBLIC OFFICIALS REPRESENTATIVE FROM NPS OR MEDIA marijuana and other plants which are the sources of dangerous drugs.
It will include the identification, arrest, and prosecution of the planter,
SECURE THE TARGET PREMISES AND THE SUBJECTS AND/OR OCCUPANTS owner, and cultivator, as well as escheating of the land where the
plantations are located.
INFORM THE OCCUPANTS REGARDING CONTENTS OF SEARCH WARRANT
Steps to be Taken:
SEARCH THE PREMISES
• The eradication operations shall be preceded by an intelligence data
DISCOVERY OF THE DANGEROUS DRUGS
gathering to verify the existence of the plantation of marijuana,
opium poppy, coca bush, and other plants which are sources of
illegal drugs. The eradication operations shall be supported by
TAKING OF PHOTOGRAPHS WHERE THE EVIDENCE WAS SEIZED
documentary evidence such as the summary of information, maps,
WITNESSES WILL SIGN
sketches, and photographs.
PHOTOGRAPH MARKING AND INVENTORY
INVENTORY FORM

• After identifying the exact location of the target plantation and

APRREHENSION OF ACCUSED MIRANDA RIGHTS consequently establishing the identity of the cultivator or owner of
the land and after making the corresponding threat assessment, the
EVIDENCE SHALL BE IMMEDIATELY
TURNED OVER BY THE SEIZING
MEDICAL EXAMINATION OF operating team shall make an operational plan, as far as practicable,
OFFICER TO THE CRIME LABORATORY
SUSPECT/PROCESSING
and coordinate with PDEA, the local PNP and AFP units in the
area for air and ground support/assistance, if necessary, in the
eradication operation. The required witness/es under Sec. 21 of
CRIME LAB ISSUES FORENSIC LABORATORY RESULTS RA 9165 consisting of an elected official and a representative of the
National Prosecution Service or media should be secured during the
CRIMINAL INFORMATION WILL BE FILED IN THE COURT inventory.

WITHIN 72 HOURS, A JUDGE SHALL CONDUCT AN OCULAR INSPECTION FROM THE

• In cases where armed suspects are sighted at the plantation site,
TIME OF APPLICATION FOR DESTRUCTION AND DISPOSAL OF DRUGS assault teams composed of either PNP, PDEA, NBI, and AFP
shall be deployed to neutralize the threat before Anti-Illegal Drug
WITHIN 24 HOURS FROM THE CONDUCT OF OCULAR
INSPECTION, THE COURT SHALL ORDER THE RETENTION OF A TAKING REPRESENTATIVE Operations Teams are deployed.
REPRESENTATIVE SAMPLE SAMPLE

• Assault teams shall immediately effect the arrest of any person

WITHIN 24 HOURS FROM OCULAR INSPECTION, COURT SHALL ORDER THE IMMEDIATE found therein.
DESTRUCTION AND DISPOSAL OF DRUGS

AFTER DESTRUCTION, DDB WILL ISSUE A CERTIFICATE AS TO THE FACT OF THE DESTRUCTION

TRIAL

140 PNP Manual on Anti -Illegal Drug Operations, pp. 57-58.

AFTER PROMULGATION, THE PROSECUTION SHALL INFORM THE BOARD OF THE TERMINATION
OF THE CASE AND REQUEST THE COURT TO TURNOVER THE EVIDENCE TO PDEA WITHIN 24 HOURS

150 OPERATION UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 151
 • Thereafter, eradication teams shall proceed with the uprooting FLOWCHART NO.3
of illegal plants. Uprooted and/or cut plants shall be brought to
a designated area for destruction in the presence of the required
FLOWCHART: ERADICATION
witness/es under RA 9165.

• All uprooted plants, seedlings, and leaves must be destroyed and INTELLIGENCE REPORT
burned on site in accordance with provisions of Section 21 of RA
9165, its IRR, and DDB Regulations. Only substantial representative INTELLIGENCE
AUTHORITY TO OPERATE
samples shall be taken for evidentiary purposes, which will OPERATION
be inventoried and marked in accordance with the prescribed
procedure.
SECURE REQUIRED
• The eradication team shall take photographs of the evidence from COORDINATION PRE.OPS PDEA WITNESSES, DURING
different angles before, during, and after the process of uprooting, WITH PNP
THE INVENTORY
destroying, and burning of the plants/seedlings.

• A case shall immediately be filed against the owner/cultivator of

the plantation. Inquest proceedings shall proceed if the owner/ BRIEFING
cultivator is arrested. If the owner /cultivator is at large, the case
shall be directly filed.
SECURE
MARIJUANA
PLANTATION &
OCCUPANTS PREPARATION
OF CHAIN OF
CUSTODY
INVENTORY OF FORM
REPRESENTATE
SAMPLE
BURNING OR ARREST OF
DESTRUCTION SUBJECT

TURN OVER OF
EVIDENCE TO
INVESTIGATOR
OR CRIME
LABORATORY

INQUEST

DEBRIEFING COURT

152 OPERATION UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 153
 E. Interdiction 1. Airport Interdiction – Operational procedures provided by the
Inter-Agency Drug Interdiction Task Group (IADITG) shall govern
Interdiction involves operations conducted by different law enforcement any drug interdiction operation conducted at airports. In other
units to intercept dangerous drugs being transported by air, water, and domestic or international airports that have existing procedures for
land. drug interdiction, such procedures shall be observed. For airports
where there is no established IADITG, the following procedures
Steps to be taken in Interdiction in general: shall be followed:

• Ensure that the information or report is received and processed by a. In Airport Interdiction operations, the law enforcement agencies
PDEA/NBI/PNP; (LEAs) shall coordinate with the BOC, BI, Airport Authorities,
and PDEA regarding planned operations;
• Secure Authority to Operate from respective head of agency or
authorized representative of the operating unit; b. In domestic airports where there are no BOC personnel available,
the LEAs shall coordinate with the PNP AVSEGROUP in addition
• Conduct planning/briefing before proceeding with the operation, to the above-mentioned government agencies;
taking into consideration all operational requirements and securing
the required witness/es; c. Whenever available, drug detection devices or aids such as K-9
units are to be used on luggage, freight, containers, etc;
• Coordinate the operation with PDEA and other concerned maritime
or port authority and/or law enforcement agencies; d. Routine inspections and arrests of persons should be left to the
BOC and concerned port authorities, unless a joint or coordinated
• Effect the seizure of dangerous drugs and/or controlled precursor operation was agreed upon;
and essential chemicals, equipment, or paraphernalia, as well as the
arrest of the violator; e. Arrange the proper processing and turn-over of the persons
arrested and the evidence seized;
• Process the seized items by undertaking the taking of photographs,
marking, and inventory of the seized items in the presence of the f. Obtain the sworn statement of the personnel of the BOC or the
required witness/es and the suspect; concerned port authority who discovered and seized the evidence
and of all possible witness/es, as well as secure all other relevant
• Proceed with the chemistry analysis of the drug items through the and material documents, records, or evidence;
concerned crime laboratory service. An investigator may also be
designated to collate and work on all the necessary documents or g. Ensure that the taking of photographs, marking, and physical
pieces of evidence prior to the filing of the complaint; inventory is done on site and in the presence of the required
witness/es and the accused or his counsel/representative in
• Submit the violator for booking, medical examination, and drug strict compliance of Section 21 of RA 9165;
test; and
h. Proceed with the laboratory examination of the drug evidence
• Proceed with the inquest and prosecution of the violator. and secure the results;

Airports and Seaports Interdiction are conducted by the PNP, PDEA, i. Submit the violator for booking, medical examination, and drug
and NBI through their respective agencies’ interdiction units or in test; and
coordination with the airport, seaport, and maritime authorities and
other concerned government agencies. j. Proceed with the inquest and prosecution of the violator.

154 OPERATION UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 155
 2. Seaports Interdiction. – Operational procedures provided by the • The Evidence Collection Team shall gather all relevant
Inter-Agency Drug Interdiction Task Group (IADITG) shall govern evidence in accordance with applicable rules;
any drug interdiction operation conducted at the seaports. In other
domestic or international seaports that have existing procedures • The proper port authority and/or maritime agency shall
for drug interdiction, such procedures shall be observed. For ensure that the ship is moored and anchored at the nearest
seaports where there is no established IADITG, the rules on Airport seaport;
Interdiction shall also apply.
• In the absence of the required witness/es during the inventory,
3. Maritime Interdiction – Maritime interdiction operations involving the law enforcement agency concerned shall ensure that
anti-illegal drugs must be coordinated with PDEA. Such operations at least two (2) residents of the locality of suitable age and
must be undertaken in coordination with the Philippine Coast discretion shall witness/es the inventory of the seized items;
Guard, Philippine Navy, and/or Philippine National Police Maritime and
Group. Maritime Interdiction operations shall be conducted by the
law enforcement agency concerned in the following manner: • The law enforcement agency concerned shall conduct
follow-up operations, if necessary, and shall at all times
a. Prepare the intelligence report; observe all applicable rules relative to the filing of cases/
complaints before the proper prosecution office.
b. Secure an Authority to Operate from the head, or his authorized
representative of the operating agency; and When the target vessel has not been located, coastal search
patrols shall be conducted at probable landing points and mobile
c. Undertake the boarding and inspection of the vessel and seizure checkpoints shall be established at probable escape routes of
of the following: drug traffickers.

• Contraband brought aboard the vessel travelling in Philippine

waters towards off-loading or landing area;

• Contraband being transferred to and from vessels at sea

(mother-ship operation);

• Contraband brought by vessels close to shore preceded by

signaling between vessels and the coast;

• Contraband brought aboard inflatable boats and small-crafts

moving offshore at high speed, especially at night; and

• Contraband off-loaded by a vessel/craft anchored in remote

areas off the coastline.

The following are actions to be taken in instances when boarding

on foreign or local ships:

• Members of the boarding team shall initially board and

secure the ship and the suspects;

156 OPERATION UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 157
 FLOWCHART NO.4 F. Controlled Delivery141

Controlled Delivery is the investigative technique of allowing an unlawful

FLOWCHART: INTERDICTION or suspected consignment of any dangerous drug and/or controlled
precursor and essential chemical, equipment or paraphernalia, or
INFORMATION/REPORT property believed to be derived directly or indirectly from any offense,
to pass into, through, or out of the country under supervision of an
authorized officer, with a view to gathering evidence to identify and
AUTHORITY TO OPERATE/ arrest any person involved in a dangerous drug-related offense or to
COORDINATION WITH PDEA
OPERATIONAL
facilitate prosecution of that offense.
REQUIREMENTS/
PLANNING/BRIEFING SECURING Steps to be taken in Controlled Delivery in General:
REQUIRED
WITNESSES • Dangerous drug and/or controlled precursor and essential chemical,
INTERDICTION
equipment or paraphernalia discovered and seized or came into the
custody or control of the LEAs;

MARITIME AIRPORT SEAPORT LAND • Concerned PDEA, NBI, or PNP unit to process the items seized
by conducting an initial photographing/videotaping, marking,
COORDINATION inventory, and field testing in the presence of the required witness/
COORDINATION COORDINATION COORDINATION
W/ W/ W/
W/ es, if practicable pursuant to Article III of the DDB Regulation No.
OTHER LAW 2 Series of 2002;
MARITIME AIRPORT SEAPORT
ENFORCEMENT
AUTHORITIES AUTHORITIES AUTHORITIES
AGENCIES
• Authority to conduct controlled delivery to be secured from the
Director General of PDEA;

SEIZURE AND ARREST • Conduct planning/briefing prior to the delivery of the seized
items to their intended recipients or consignee. Consider the
PRESENCE OF logistical requirements, team composition and roles, documentary
PROCESSING OF EVIDENCE REQUIRED requirements, witness/es to be secured, effective delivery, among
(INVENTORY, MARKING, PHOTOGRAPHS) WITNESS others;

INVESTIGATOR/CRIME LABORATORY • Proceed with the controlled delivery;

INQUEST
• Effect the arrest of the intended recipient or consignee immediately
after receipt of the items or implementation of search warrant as
well as the seizure of the items;
COURT
• Concerned PDEA, NBI, or PNP unit to process the items seized by
conducting a final photographing, marking, and inventory in the
presence of the required witness/es and the suspect;

141 DDB Regulation No. 2 Series of 2002 provides for the policies and guidelines in the conduct of controlled delivery operations.

158 OPERATION UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 159
 • Proceed with the chemistry analysis of the drug items through FLOWCHART NO.5
the concerned PDEA, NBI, or PNP Crime Laboratory Service.
An investigator may be designated to collate and work on all the
FLOWCHART: CONTROLLED DELIVERY (IN GENERAL)
necessary documents or pieces of evidence prior to the filing of the
complaint; and

• Proceed with the inquest and prosecution of the arrested recipient INFORMATION/REPORT
or consignee.
INITIAL INVENTORY &
MARKING, PHOTOGRAPHS,
PDEA/PNP/NBI TO PROCESS THE EVIDENCE VIDEOTAPE, FIELD TEST,
PRESENCE OF REQUIRED
WITNESSES

SECURE AUTHORITY TO CONDUCT

CONTROLLED DELIVERY FROM THE
DIRECTOR GENERAL, PDEA

PLANNING/BRIEFING

DELIVERY

ARREST/SEIZURE

FINAL INVENTORY &

MARKING, PHOTOGRAPHS,
PDEA/PNP/NBI TO PROCESS THE EVIDENCE PRESENCE OF REQUIRED
WITNESSES

INVESTIGATOR/CRIME LABORATORY

INQUEST

COURT

160 OPERATION UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 161
Sec. 5. Reporting Requirements Sec. 6. Handling, Custody, and Disposition of Drug and
Non-Drug Evidence
In every anti-illegal drug operation the following reports will be prepared for
documentation and as maybe required by the prosecution: During the handling, custody, and disposition of evidence, the provisions of Section
2 of RA 9165 and its IRR shall be strictly observed. Noncompliance under justifiable
A. For successful operations, including in flagrante delicto
grounds with the requirements of Section 21 of RA 9165 shall not render void and
cases:
invalid such seizures and custody over the items provided the integrity and the
evidentiary value of the seized items are properly preserved by the apprehending
1. Spot Report which must include the following initial information:
officer/team. Any justification or explanation in cases of noncompliance with the
said requirements, shall be clearly stated in the sworn statements/affidavits of the
a. Names of suspects arrested;
apprehending arresting/seizing officers, as well as the steps taken to preserve the
b. List of drugs and non-drug evidence seized; integrity and evidentiary value of the seized/confiscated items.

c. Possible provision of law violated; and Photographs of the evidence must be taken immediately upon discovery of such,
including the process of recording the inventory in the presence of required
d. Other information, if readily available, such as but not limited to: witness/es.

• Number and/or amount of drug and non-drug seized; The Seizing Officer must mark all the evidence seized with his/her initials and
signature, indicate the date when the evidence was found/recovered or seized, and
• Nationality of the suspect/s; and number the same consecutively.
A. Drug Evidence
• Other information of significance/importance to the
investigation.
1. Upon seizure or confiscation of dangerous drugs or CPECs, laboratory
equipment, apparatus, and paraphernalia, the operating unit’s
2. Progress Report shall be submitted as soon as more detailed
Seizing Officer/Inventory Officer must conduct the photographing,
information of the incidents and operations are gathered and
marking, and physical inventory in the place of operation in the
confirmed. It may include:
presence of (a) the suspect/s or the person/s from whom such
items were confiscated and/or seized or his/her representative or
a. Specific case or violation to be filed against the suspect/s;
counsel, (b) an elected public official, and (c) a representative from
b. Confirmed identity and exact amount/volume of the seized drug the National Prosecution Service or media, who shall affix their
evidence (with attached certified Chemistry Report); signatures and who shall be given copies of the inventory. The
Chain of Custody Form shall also be accomplished together with the
c. List of inventory of non-drug items seized or taken into custody; Inventory Sheet.
and
2. For seized or recovered drugs covered by search warrants, the
d. Other follow-up operations and activities in relation to the photographing, marking, and inventory must be done in the place
specific operations reported. where the search warrant was served.

3. Final or After Operation Report; once the operation is concluded 3. (3) For warrantless seizures like buy-bust operations, the
and the cases are filed in court, the Team Leader shall ensure the photographing, marking, and physical inventory must be done
submission of an After Operation Report. at the place of apprehension, unless for justifiable reasons, the

162 OPERATION UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 163
 photographing, marking, and physical inventory may be made at e. Description of the vehicle, vessel, place, or person searched from
the nearest police station or office of the apprehending officer or where/whom the substance was found;
team, ensuring that the integrity and evidentiary value of the seized
items remain intact and preserved. Such justification or explanation f. Description of packaging, seals, and other identifying marks;
as well as the steps taken to preserve the integrity and evidentiary
value of the seized/confiscated items shall be clearly stated in a g. Quantity of the seized items; and
Sworn Affidavit of Justification/ Explanation of the apprehending/
seizing officers. h. Description of the substance found.

4. In cases when the execution of search warrant is preceded by 8. As far as practicable, all seized dangerous drugs and/or CPECs shall
warrantless seizures, the photographing, marking, and inventory be immediately submitted to the crime laboratory for examination
of the items recovered from the search warrant shall be performed and proper disposition.
distinctly and separately from the photographing, marking, and
inventory of the items seized from warrantless seizures. 9. Upon submission of the drug evidence to the crime laboratory
for examination, all phases of the turnover of evidence must be
5. In case of seizure of plant sources at the plantation site, where it is supported by corresponding receipts showing compliance with the
not physically possible to count or weigh as a complete entity, the Chain of Custody rule.
Seizing Officer shall estimate their count or gross weight, as the case
B. Non-Drug Evidence
may be. If it is safe and practicable, the photographing, marking,
and inventory of the seized plant sources may be performed at (To Be Covered in A Separate Inventory Sheet and Chain of Custody
the plantation site. Representative samples of prescribed quantity Form)
pursuant to DDB Board Regulation No.1, Series of 2002 and/or
DDB Board Regulation No. 1, Series of 2007 shall be taken from 1. The following pieces of non-drug evidence shall be photographed,
the site after the seizure for laboratory examination, and retained marked, and inventoried:
for presentation as the corpus delicti of the seized/confiscated plant
sources following the Chain of Custody of evidence rule. a. Buy-bust/marked money, if applicable;

6. Whenever necessary, the dangerous drugs and/or CPECs seized b. For motor vehicles and other forms of transportation (e.g. banca,
shall be properly packed, sealed, and marked with the seizing bicycle, airplane), plate number/conduction sticker number,
officer’s initials and signature, indicate the date when the evidence color, model, make and type, and description;
was found/recovered or seized, and number the same consecutively.
c. For firearms: serial number, model, make and caliber, kind and
7. Within the same period, the Seizing or Inventory Officer shall type;
prepare an Inventory Sheet which shall include:
d. For explosives (after observing safety protocol from Explosive
a. Time, date, and place of occurrence/seizure; Ordnance Disposal Unit), description and type;

b. Identity of person/s arrested; e. For other deadly weapons (e.g. knives), description,
measurement, and quantity; and
c. Identity of the seizing officer and all persons who witnessed the
marking and inventory; f. For smaller pieces of evidence (e.g. ammunition), pertinent
information such as quality, quantity, and place where these
d. Type of operation (e.g. warrantless seizure, buy-bust); were seized/recovered.

164 OPERATION UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 165
 2. For digital evidence such as computers, cell phones, laptops, other 2. The receipt of evidence must be acknowledged by all officers
similar gadgets, and storage peripherals (e.g. flash drives, CD) the receiving the evidence, whether in the same or a separate document.
same shall likewise be photographed, marked, and inventoried. Such receipt shall form part of the case folder of the transmitting
unit.
3. For documentary evidence, same procedure regarding
photographing, marking, and inventory shall be followed. 3. The evidence custodian, when applicable, must maintain a logbook
that contains information on:
4. For motor vehicles, firearms, and other digital evidence, these shall
be subject to verification and processing by the LTO, FEO, and a. the person who turned in the evidence for safekeeping;
Cybercrime Division of the concerned law enforcement agency.
b. the date and time thereof;
C. Chain of Custody
c. the person who received it; and
1. To ensure the preservation of the integrity and identity of the drug
evidence, the Chain of Custody form shall indicate: d. the person who requested the same for whatever purpose, who
shall affix his name, signature, date, and time in the logbook.
a. The time and place of the search;
4. When a piece of evidence is accordingly turned over, the custodian
b. The names of the officers who marked, inventoried, and sealed should check the identification mark on the piece of evidence to
the seized items; ensure that it is the same item and determine that the item is in
the same condition as when it was discovered. Any change in the
c. Location of the evidence at the time it was found. If the same was
physical appearance of the evidence should be noted and recorded.
seized from an individual, it should be noted exactly where on
the person the evidence was found (e.g. right front pocket);

d. Type of operation for which the evidence was obtained (e.g.

evidence of a sale, implementation of search warrant);

e. Item numbers of the seized items in sequence consistent with

the Inventory Sheet;

f. Detailed description of the article at the time it was seized;

g. Names of officers who took custody and in what capacity they

received the evidence from one officer to another within the
chain, including those who handled the evidence during media
presentation; and

h. Time and date every time the transfer of custody of the same
evidence was made in the course of safekeeping until submitted
to laboratory personnel for forensic laboratory examination and
presentation in court.

166 OPERATION UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 167
 FLOWCHART NO.6
ILLUSTRATION OF CHAIN OF CUSTODY

SEIZING CHEMIST COURT

OFFICER

ROLE OF SCENE OF THE CRIME OPERATIVES (SOCO) IN DRUGS

OPERATION
CHAPTER 8:
INQUEST PROCEEDING AND
Generally, the presence of a SOCO team is a must if the subject of the Search
Warrant is a clandestine laboratory, chemical warehouse or storage facility.
The SOCO Team is composed of team leader, site safety control officer, forensic
PRELIMINARY INVESTIGATION
chemist, evidence log recorder/ custodian, photographer, sketcher, fingerprint
specialist and/or driver/security. Other teams may be added in the composition
of the Operating Team depending on the situation such as Medical, HAZMAT and
Fire Fighting Teams.142

In instances of death during the implementation of a Search Warrant or which

resulted from any anti-drug operation, the crime scene should be processed by a
SOCO Team. The team shall perform the collection, documentation and forensic
examination of collected physical evidence in relation to the death, with the end
view of establishing facts relative to a crime scene. The SOCO Team shall be given
priority to process the crime scene, in so far as the position and cause of death of
the deceased is concerned. Thereafter, the operating team shall perform collection,
documentation of evidence relating to violation of RA No. 9165, as amended.

142 Revised PNP Manual on Anti-Illegal Drugs Operations and Investigation, 2014, pp 36-37.

168 OPERATION UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 169
 CHAPTER VIII:
Inquest Proceeding and Preliminary Investigation

A. Inquest

Sec. 1. Concept – An inquest proceeding is an informal and summary investigation

conducted by a public prosecutor in criminal cases involving persons arrested
and detained without the benefit of a warrant of arrest issued by the court for the
purpose of determining whether or not these persons should remain under custody
and correspondingly be charged in in court.143

Sec. 2. Venue of Inquest Cases – Unless otherwise directed by the Prosecutor

General or the Provincial/City Prosecutor, those assigned to inquest duties shall
discharge their functions during the hours of their designated assignments at the
office of the inquest prosecutor in order to expedite and facilitate the disposition of
inquest cases, unless otherwise designated by the Head Office.144

Sec. 3. Date and Time of the Conduct of Inquest Proceedings – Inquest

proceedings shall be conducted during the regular office hours, or on such time as
the circumstances so require.

Sec. 4. Commencement – The inquest proceedings shall be considered

commenced upon presentation of the detained person and upon receipt by the
inquest prosecutor of the following documents:

• Endorsement to the Prosecutor/Referral letter;

• Affidavit of arrest duly subscribed and sworn to before him/her by the arresting
officer;

• Sworn statements of the complainant/s and witness/es; and

• Other supporting pieces of evidence gathered by the law enforcement authorities

in the course of their investigation.145

The presence of the detained person may be dispensed with in the following cases:

• If s/he is confined in a hospital; or

• If s/he is detained in a place under maximum security.146

143 Revised Manual for Prosecutors.

144 Ibid.
145 Ibid, page 7.
146 Ibid.

170 INQUEST PROCEEDING AND PRELIMINARY INVESTIGATION UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 171
Sec. 5. Incomplete Documents – When the documents presented are The detained person must be assisted by a lawyer of his/her own choice. If s/he
incomplete to establish probable cause, the Inquest Prosecutor shall direct the law has none, the inquest prosecutor shall provide him/her the services of a public
enforcement authorities to submit, in the proper form, the required documents attorney.
within the prescribed period. Failure to submit the required documents within the
prescribed period shall constrain the Inquest Prosecutor to order the release of the The detained person, assisted by his/her lawyer, shall then be made to execute a
detained person/s.147 waiver of the provisions of Article 125 of the Revised Penal Code149, as amended.

Sec. 6. Matters to be Determined by the Inquest Prosecutor The preliminary investigation may be conducted by the inquest prosecutor himself/
herself or by any other prosecutor to whom the case may be assigned by the
• Whether or not the warrantless arrest of the detained person was properly Prosecutor General or the Provincial/ City Prosecutor, which investigation shall be
effected; and terminated within fifteen (15) days from its commencement.150
• Whether or not there is probable cause to indict the arrested or detained person. Sec. 9. Where Arrest was Not Properly Effected – Should the inquest
prosecutor find that the arrest was not made in accordance with the aforesaid
Sec. 7. Determination of the Arrest by the Inquest Prosecutor – The provisions of the Revised Rules of Criminal Procedure, s/he shall:
Inquest Prosecutor shall first determine if the arrest of the detained person was
made in accordance with any of the following: • Recommend the release of the person arrested or detained;
• When, in the presence of the Arresting Officer, the person to be arrested has • Prepare a resolution indicating the reasons for the action taken; and
committed, is actually committing, or is attempting to commit an offense;
• Forward the same, together with the record of the case, to the Prosecutor
• When an offense has, in fact, just been committed, and the Arresting Officer General or Provincial/City Prosecutor for their appropriate action.151
has probable cause to believe, based on personal knowledge of facts or
circumstances, that the person to be arrested has committed it; Sec. 10. Release of Detained Person for Further Investigation – Where
the recommendation for the release of the detained person is approved by the
• When the person to be arrested is a prisoner who has escaped from a penal Prosecutor General or by the Provincial/City Prosecutor, but the evidence on hand
establishment or place where s/he is serving final judgment or is temporarily warrants the conduct of a regular preliminary investigation, the inquest prosecutor
confined while his case is pending, or has escaped while being transferred from shall:
one confinement to another;148 and
• Serve the order of release on the law enforcement officer having custody of the
• When the person arrested voluntarily surrendered and confessed to committing detainee; and
an offense. For this purpose, the Inquest Prosecutor may summarily examine the
Arresting Officers on the circumstances surrounding the arrest or apprehension • Direct the said officer to serve upon the detainee the subpoena or notice
of the detained person. of preliminary investigation, together with the copies of the charge sheet or
complaint, affidavits or sworn statements of the complainant and his/her
Sec. 8. Where Arrest was Properly Effected – Should the inquest prosecutor witness/es and other supporting evidence.152
find that the arrest was properly effected, the detained person shall be asked if s/he
desires to avail himself/herself of a preliminary investigation and, if s/he does, the Sec. 11. Inquest Proper – Where the detained person does not opt for a
consequences thereof must be explained to him/ her adequately. preliminary investigation or otherwise refuses to execute the required waiver, the
Inquest Prosecutor shall proceed with the conduct of the inquest proceeding by

149 Art. 125. Delay in the delivery of detained persons to the proper judicial authorities. – The penalties provided in the next preceding
article shall be imposed upon the public officer or employee who shall detain any person for some legal ground and shall fail to deliver
such person to the proper judicial authorities within the period of; twelve (12) hours, for crimes or offenses punishable by light penalties,
or their equivalent; eighteen (18) hours, for crimes or offenses punishable by correctional penalties, or their equivalent and thirty six
(36) hours, for crimes, or offenses punishable by afflictive or capital penalties, or their equivalent. In every case, the per son detained
shall be informed of the cause of his detention and shall be allowed upon his request, to communicate and confer at any time with his
147 Ibid.
attorney or counsel.
148 Rules 113, Sec. 5 Revised Rules of Criminal Procedure.
150 Revised Manual for Prosecutors.
151 Ibid.
152 Ibid, page 10.

172 INQUEST PROCEEDING AND PRELIMINARY INVESTIGATION UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 173
examining the sworn statements/ affidavits of arrest and of the complainant and • In the absence of a certificate of live birth, similar authentic documents such as
the witness/es and other supporting evidence submitted. The conduct of an inquest baptismal certificates and school records or any pertinent document that shows
proceeding should never be initiated in the absence of an affidavit of arrest. the date of birth of the child;

If necessary, the Inquest Prosecutor shall require the presence of the complaining • In the absence of the documents under paragraphs (a) and (b) of this Section due
witness/es and subject this witness/es to an informal and summary investigation to loss, destruction, or unavailability, the testimony of the child; the testimony
or examination for the purposes of determining the existence of probable cause.153 of a member of the family related to the child by affinity or consanguinity who
is qualified to testify on matters respecting pedigree such as the exact age or
Sec. 12. Action to be Taken When there is a Finding of Probable Cause date of birth of the child pursuant to Section 40, Rule 130 of the Rules on
– If the inquest prosecutor finds that probable cause exists, s/he shall forthwith Evidence;157 the testimonies of other persons; the physical appearance of the
prepare the resolution with the corresponding Complaint/Information with the child; and other relevant evidence shall suffice.
recommendation that the same be filed in court. The Complaint/Information
shall indicate the offense/s committed and the amount of bail recommended, if • In case of doubt as to the age of the child, it shall be resolved in the child’s favor.
applicable.
Sec. 2. Burden of Proof of Age – Any person alleging the age of the child in
Thereafter, the record of the case, together with the resolution and the Complaint/ conflict with the law has the burden of proving the age of such child. If the age
Information, shall be forwarded to the Prosecutor General or the Provincial/City of the child is contested prior to the filing of the information in court, a case for
Prosecutor for approval and subsequent filing before the proper Court.154 determination of age under summary proceeding may be filed before a court which
shall render its decision within 24 hours from receipt of the appropriate pleadings
Sec. 13. Action to be Taken When There is an Absence of Probable of all the parties.158
Cause. – If the Inquest Prosecutor finds no probable cause to indict the arrested/
detained person, s/he shall: Sec. 3. Exemption from Criminal Liability – A child fifteen (15) years of
age or under at the time of the commission of the offense shall be exempt from
• Recommend the release of the arrested or detained person; criminal liability. However, the child shall be subjected to an intervention program
as provided for in Republic Act No. 9344159, as amended.
• Prepare a resolution of dismissal indicating therein the reason/s for the action
taken; and A child is deemed to be fifteen (15) years of age on the day of the fifteenth (15th)
anniversary of his/her birthdate.
• Forward the record of the case to the Prosecutor General or the Provincial/City
Prosecutor for their appropriate action.155 A child above fifteen (15) years but below eighteen (18) years of age shall likewise be
exempt from criminal liability and be subjected to an intervention program, unless
s/he has acted with discernment, in which case, such child shall be subjected to the
B. Inquest of Child in Conflict with the Law (CICL)
appropriate proceedings in accordance with the law.160
Sec. 1. Determination of Age – The child in conflict with the law shall enjoy
the presumption of minority and shall enjoy all the rights of a child in conflict Sec. 4. Procedure for Handling Children Exempted from Criminal
with the law until proven to be eighteen (18) years old or older at the time of the Liability – If it is determined at the initial contact that the child is fifteen (15)
commission of the offense. The age of the child shall be determined according to years of age or below, the procedure provided in Section 20, Republic Act No. 9344
the following rules:156 and DDB Board Resolution No. 4, series of 2019, shall be observed as follows:

• The best evidence to prove the age of a child is an original or certified true copy
of the certificate of live birth;

157 Section 42, 2019 Amendments to the 1989 Revised Rules on Evidence. Family reputation or tradition regarding pedigree. – The
reputation or tradition existing in a family previous to the controversy, in respect to the pedigree of any of its members, may be received
in evidence if the witness testifying thereon be also a member of the family, either by consanguinity or affinity, or adoption. Entries in
family bibles or other family books or charts, engravings on rings, family portraits and the like, may be received as evidence of pedigree.
153 Ibid. 158 2019 Supreme Court Revised Rule On Children in Conflict with the Law, Sec. 5. (A.M. No. 02-1-18-SC).
154 Ibid, page 11. 159 An Act Establishing a Comprehensive Juvenile Justice and Welfare System, Creating the Juvenile Justice and Welfare Council under the
155 Ibid. Department of Justice, Appropriating Funds Thereof, and for other Purposes.
156 2019 Supreme Court Revised Rule On Children in Conflict with the Law, Sec. 5. (A.M. No. 02-1-18-SC). 160 2019 Supreme Court Revised Rule On Children in Conflict with the Law, Sec. 5. (A.M. No. 02-1-18-SC).

174 INQUEST PROCEEDING AND PRELIMINARY INVESTIGATION UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 175
• The authority which will have an initial contact with the child, in consultation • Affidavit of arrest duly subscribed and sworn to before him/her by the arresting
with the local social welfare and development officer, has the duty to immediately officer;
release the child to the custody of his/her parents or guardian, or in the absence
thereof, the child’s nearest relative. • Investigation report;

• The child shall be subjected to a community-based intervention program • Sworn statements of the complainant/s and witness/es; and
supervised by the local social welfare and development officer, unless the best
interest of the child requires the referral of the child to a youth care facility • Other supporting pieces of evidence gathered by the law enforcement authorities
or “Bahay Pag-asa” managed by local governments units or licensed and/or in the course of their investigation.
accredited non-government organizations monitored by the Department of
Social Welfare and Development. Sec. 3. Matters to be determined – Upon receipt of the documents, the
prosecutor shall determine whether or not there is probable cause to indict the
Sec. 5. Filing of Information – If the Investigating Prosecutor finds probable arrested/detained person.
cause to hold the child in conflict with the law for trial, there being discernment,
and certifies that the child does not qualify for diversion, or that diversion is not D. Common Provisions
appropriate, or the diversion failed at their level, the corresponding Resolution
and Information shall be prepared for the approval by the Provincial or City Sec 1. Documentary Checklists – The prosecutor shall evaluate the following
Prosecutor, as the case may be. The child and the mother or father, or guardian, pieces of evidence during Preliminary Investigation and Inquest Proceedings:
or in the absence thereof, the nearest relative, and the child’s private counsel or
lawyer from the Public Attorney’s Office shall be furnished a copy of the approved a. Buy-bust
Resolution and the Information.
• Essential Documents:
Upon serving the subpoena and the affidavit of complaint, the prosecutor shall notify
the Public Attorney’s Office of such service, as well as the personal information, ◊ Case Referral to the Prosecutor’s Office;
and the name and address of the guardian of the child in the conflict with the law.
The Information shall be filed with the court within forty-five (45) days from the ◊ Affidavit of Arrest;
start of the preliminary investigation and must alleged that the child acted with
discernment.161 ◊ Affidavit of Seizing Officer;

◊ Affidavit of Poseur Buyer;

C. Preliminary Investigation
◊ Inventory of Property Seized;
Sec. 1. Concept – A preliminary investigation is an inquiry or proceeding to
determine whether there is sufficient ground to engender a well-founded belief
◊ Accomplished Chain of Custody Form;
that a crime has been committed and the respondent is probably guilty thereof and
should be held for trial.162 ◊ Request for and Result of Laboratory Examination/Chemical
Analysis of seized items; and
Sec. 2. Commencement – The preliminary investigation shall be considered
commenced upon filing with the prosecution office of the following documents: ◊ Photographs of evidence.
• Endorsement to the Prosecutor/Referral letter;

161 Ibid.
162 Revised Manual for Prosecutors – 2017 Edition Volume 1, page 22.

176 INQUEST PROCEEDING AND PRELIMINARY INVESTIGATION UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 177
 • Supporting Documents, if applicable: ◊ Request for and Result of Laboratory Examination/Chemical
Analysis of Seized items; and
◊ Affidavit of the Investigator on Case;
◊ Photographs of evidence.
◊ Affidavits of witness/es under Section 21 or Letters of Invitations
to the witness/es. (In the absence of one of the witness/es, • Supporting Documents, if applicable:
a statement under oath setting forth the justification for the
absence of one of the witness/es); ◊ Affidavit of the Investigator on Case;

◊ Affidavits of Other Witness/es; ◊ Affidavits of witness/es under Section 21 or Letters of Invitations

to the witness/es. (In the absence of one of the witness/es,
◊ Investigation Report; a statement under oath setting forth the justification for the
absence of one of the witness/es);
◊ Spot Report;
◊ Affidavits of Other Witness/es;
◊ Request for and Result of Physical/Medical Examination and
Laboratory Screening Test of the suspects; ◊ Investigation Report;

◊ Receipt of Inventory of Property Seized; ◊ Spot Report;

◊ Receipt of Turn-Over of Evidence; ◊ Certification of Orderly Search;

◊ Receipt of Turn-Over of Arrested Suspect/s; ◊ Request for and Result of Physical/Medical Examination and
Laboratory Screening Test of the Suspects;
◊ Acknowledgment Receipt of Drug Evidence from the Chemist;
◊ Receipt of Inventory of Property Seized;
◊ Photographs of the Suspect/s; and
◊ Receipt of Turn-Over of Evidence;
◊ Booking Sheet and Arrest Report.
◊ Receipt of Turn-Over of Arrested Suspect/s;
b. Seizure by Virtue of a Search Warrant:
◊ Acknowledgment Receipt of Drug Evidence from the Chemist;
• Essential Documents:
◊ Photographs of the Suspect/s;
◊ Case Referral to the Prosecutor’s Office;
◊ Photographs of the Searched Premises;
◊ Copy of the Search Warrant;
◊ Booking Sheet and Arrest Report; and
◊ Affidavit of Arrest;
◊ Application for Search Warrant.
◊ Affidavit of Seizing Officer;

◊ Inventory of Property Seized;

◊ Accomplished Chain of Custody Form;

178 INQUEST PROCEEDING AND PRELIMINARY INVESTIGATION UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 179
 c. In Flagrante Delicto Arrests and Seizures ◊ Acknowledgment Receipt of Drug Evidence from the Chemist;

• Essential Documents: ◊ Photographs of the Suspect/s; and

◊ Case Referral to the Prosecutor’s Office; ◊ Booking Sheet and Arrest Report.

◊ Affidavit of Arrest; Sec 2. Resolutions

A. Periods
◊ Affidavit of Seizing Officer;
• Termination of Inquest Proceedings – The Inquest Proceedings must be
◊ Inventory of Property Seized; terminated within the period prescribed, which shall be counted from the
time of arrest, under the provisions of Article 125 of the Revised Penal Code,
◊ Accomplished Chain of Custody Form;
as amended. The Inquest Proceeding for violation of RA 9165, being a grave
offense, must be terminated within 36 hours from the time of arrest.
◊ Request for and Result of Laboratory Examination/Chemical
Analysis of Seized Items; and
• Action to be Taken When the Arrested Person Executes a Waiver of Article 125
of the Revised Penal Code – Should the arrested person execute a waiver, the
◊ Photographs of evidence.
Inquest Prosecutor shall set the case for preliminary investigation which shall
be terminated within fifteen (15) days from the execution of the waiver.
• Supporting Documents, if applicable:
• Termination of Preliminary Investigation - The preliminary investigation of
◊ Affidavit of the Investigator on Case;
illegal drugs cases shall be terminated within thirty (30) days from the date of
◊ Affidavits of witness/es under Section 21 or Letters of Invitations filing.163
to the witness/es. (In the absence of one of the witness/es,
B. Additional Contents in the Resolution
a statement under oath setting forth the justification for the
absence of one of the witness/es);
The observance or non-observance of the guidelines set forth in the case of People
of the Philippines v. Romy Lim y Miranda164 should be set forth with clarity in the
◊ Affidavits of Other Witness/es;
resolution. The guidelines read:
◊ Investigation Report;
• In the sworn statements/affidavits, the apprehending/seizing officers must
◊ Spot Report; state their compliance with the requirements of Section 21 (1) of RA 9165, as
amended, and its IRR.
◊ Request for and Result of Physical/Medical Examination and
Laboratory; • In case of non-observance of the provision, the apprehending/seizing officers
must state the justification or explanation therefor as well as the steps they have
◊ Screening Test of the Suspects; taken in order to preserve the integrity and evidentiary value of the seized/
confiscated items.
◊ Receipt of Inventory of Property Seized;
• If there is no justification or explanation expressly declared in the sworn
◊ Receipt of Turn-Over of Evidence; statements or affidavits, the investigating fiscal must not immediately file the
case before the court. Instead, s/he must refer the case for further preliminary
◊ Receipt of Turn-Over of Arrested Suspect/s; investigation in order to determine the (non) existence of probable cause.

163 RA 9165, Sec. 90; Revised Manual for Prosecutors – 2017 Edition Volume 1, page 47.
164 People v. Romy Lim, G.R. No. 231989, September 4, 2018.

180 INQUEST PROCEEDING AND PRELIMINARY INVESTIGATION UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 181
C. Parties Who Need to be Furnished with a Copy of the Resolution • The recovered articles are not the instruments, or tools in the commission of
the offense nor the proceeds thereof;
• The law enforcement agency, through its representative, respondent/s and
their counsels, if any shall be furnished with a copy of the Resolution. However, • Photographs of the recovered articles are first taken and duly certified to by
if the parties are represented by counsel and the latter’s appearance is formally the police evidence custodian as accurately representing the evidence in his
entered in the record, the counsel, not the party, shall be given a copy of the custody; and
resolution.165
• There is no opposition from the representative of the law enforcement agency.
• If the respondent is a child in conflict with the law, the child and the mother
or father, or guardian, or in the absence thereof, the nearest relative, and the During the pendency of the case in the Regional Trial Court, no property, or income
child’s private counsel or lawyer from the Public Attorney’s Office.166 derived from the unlawful act (including, but not limited to, money and other assets
obtained thereby, and the instruments or tools with which the particular unlawful
D. Dismissed Cases Subject for Automatic Review by the Secretary of act was committed, unless they are the property of a third person not liable for the
Justice unlawful act) shall be disposed, alienated or transferred and the same shall be in
custodia legis and no bond shall be admitted for the release of the same.167
For violations of RA 9165, the entire records of the case shall be elevated to
the Secretary of Justice within three (3) days from issuance of the resolution Objects of lawful commerce, even if owned by a third person not liable for the
dismissing the complaint or appeal, as applicable, and the parties involved shall offense, which were confiscated in the course of the enforcement of RA 9165, may
be notified accordingly. Notwithstanding the automatic review, respondent not be released by the trial courts pending trial and judgment.168
shall be immediately released from detention unless detained for other causes.
Sec. 3. Information
E. Release of Recovered Articles
A. Designation of Offense
The Inquest or Investigating Prosecutor shall, with the prior approval of the
Prosecutor General or the Provincial/City Prosecutor, and subject to applicable To properly inform the accused of the nature and cause of the accusation, the
laws, order the release of recovered articles to their lawful owner or possessor, Information shall state whenever possible:
subject to the conditions that:
• The designation given to the offense by the statute; and
• There is a written request for their release;
• If there is no such designation, reference shall be made to the section of the law
• The person requesting the release is not a respondent in the case; punishing it.169

• The person requesting the release of said articles is shown to be the lawful B. Parties to be Copy Furnished
owner or possessor thereof;
Generally, the Prosecutor need not copy furnish the parties a copy of the Information.
• The requesting party undertakes under oath to produce said articles before the An exception is when the accused is a child in conflict with the law. The following
court when so required; must be given a copy of the Information: the child and the mother or father, or
guardian, or in the absence thereof, the nearest relative, and the child’s private
• The requesting party, if s/he is a material witness to the case, affirms or reaffirms counsel or lawyer from the Public Attorney’s Office.170
his/her statement concerning the case and undertakes under oath to appear
and testify before the court when so required;

165 Revised Manual for Prosecutors – 2017 Edition Volume 1, page 46. 167 RA 9165, Sec. 20.
166 A.M. No. 02-1-18-SC, January 22, 2019. 168 PDEA v. Brodett, G.R. No. 196390, September 28, 2011.
169 Senator Leila M. De Lima v. Hon. Juanita Guerrero, et. al. G.R. No. 229781, October 10, 2017.
170 A.M. No. 02-1-18-SC, January 22, 2019.

182 INQUEST PROCEEDING AND PRELIMINARY INVESTIGATION UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 183
 CHAPTER 9:
PREPARATIONS FOR TRIAL

184 INQUEST PROCEEDING AND PRELIMINARY INVESTIGATION UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 185
 CHAPTER IX:
Preparations for Trial

Sec. 1. Review and Study the Records of the Case – As far as practicable, at
least five (5) days prior to the pre-trial or preliminary conference, as the case may be,
or sooner, the Prosecutor and the apprehending team shall hold a case conference
to better aid the former in the pre-trial or preliminary conference proper.

The Prosecutor shall notify the law enforcement officers and witness/es in writing
or through other means of communication of the schedule of the case conference.
The Prosecutor and the law enforcement officer may be reported to their respective
superiors in the event of their failure to attend the scheduled case conference.

The primary objective of the case conference is to discuss certain matters that
the Prosecutor and the apprehending team may use for the abbreviation of the
proceedings in the case.

The following matters, among others, may be discussed during the case conference:

• Consolidation of the original copies of documentary evidence;

• Identification of key witness/es for presentation in court;

• Identification of witness/es whose prospective testimonies will be

submitted for stipulation;

• Presentation of timeline of events;

• Security arrangements;

• Prospective dates of trial;

• Determination of the propriety of conducting an ocular inspection and

availing of other pre-trial measures and remedies;

• Identification of related cases or charges;

• Update of case folder of apprehending team or case officer;

• Other matters analogous to the foregoing.

186 PREPARATIONS FOR TRIAL UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 187
Sec. 2. Ocular Inspection – The conduct of an ocular inspection is a pre-trial 3. Comparison of the photographs taken during the inventory with the
measure that was introduced as part of Section 21 of RA 9165, as amended by RA actual, physical evidence;
10640.
4. Taking of representative samples.171 Representative samples shall
A. Purpose. An ocular inspection has a two-fold purpose: be taken and duly weighed and recorded by the forensic laboratory,
which conducted the examination of the seized drugs or controlled
1. To suppress or prevent the numerous malpractices previously chemicals for presentation as evidence in court. Maximum quantities
committed by law enforcement officers and other handlers of drug of samples to be retained are as follows:
evidence, such as the tampering, switching, adulteration, recycling,
and planting of evidence; a. Controlled Precursors and Essential Chemicals:

2. To protect the law enforcement officers and other handlers of the • Not more than 2.5 liters for liquid chemicals;
evidence that have shown compliance with RA 9165, as amended,
from countercharges and harassment suits by bolstering the • Not more than ten (10) grams for non-liquid chemicals;
disputable presumption that official duty has been regularly
performed and establishing that the integrity and evidentiary value • Where the chemical is in its original container, samples to
of the drug evidence have been preserved. be retained shall not be more than one container, e.g. glass
bottle or can or polyethylene container or barrel or drum.
B. Motion. Within seventy-two (72) hours from the filing of the information
in court, an ocular inspection and the taking of representative samples b. Dangerous Drugs
shall be promptly ordered and conducted. In the event the court does not
order the conduct of an ocular inspection and taking of representative • Not more than fifteen (15) grams each of heroin, morphine,
samples motu proprio, the Prosecution may promptly move for the opium, cocaine, or other dangerous drugs such as, but not
conduct of the same. limited to, MDMA, LSD, PMA, GHB, TMA, marijuana resin,
or marijuana resin oil;
C. Subjects. The ocular inspection and the taking of representative
samples may be had over the following subjects and in the manner • Not more than fifty-five (55) grams of methamphetamine
provided herein, viz: hydrochloride or amphetamine;

1. Dangerous Drugs; • Not more than 510 grams of marijuana leaves;

2. Controlled Precursors and Essential Chemicals (CPECs); • Not more than ten (10) plants of opium poppy, coca bush,
ephedra or marijuana;
3. Instruments, Paraphernalia, Equipment, Apparatuses;
• Not more than fifteen (15) grams of other dangerous drugs.
4. Crime Scene;
Where the amount of seized drugs is equal to or less than the
5. Other pieces of evidence. prescribed amount of retention above, all the seized items shall be
preserved as evidence in court until the court terminates the case.
D. Activities. The following may be done during the ocular inspection:

1. Identification of markings by the Seizing Officer;

2. Identification of markings by the Forensic Chemist;

171 Please refer to DDB Regulation No. 1, series of 2002, Section 4.

188 PREPARATIONS FOR TRIAL UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 189
 5. Sealing and safekeeping of representative samples;172 1. The accused or the person from whom subject items were confiscated,
or his/her representative or counsel or a member of the Public
a. The representative samples of Dangerous Drugs or Controlled Attorney’s Office appointed by the Secretary of Justice;
Precursors and Essential Chemicals (CPECs) shall be
appropriately secured in the evidence room of the Laboratory 2. A representative from the media;
Service, Crime Laboratory, or the Forensic Chemistry Division
of the PDEA, PNP, and NBI, respectively. 3. A representative from DOJ;

b. Where there is an operational necessity to identify the specific 4. Civil security groups; and
links between the two or more samples, origin of seized drug,
drug distribution patterns, and methods used for clandestine 5. Any elected public official.
drug manufacture, particularly with regard to methamphetamine
hydrochloride or “shabu,” samples that may be taken for such B. ontrolled chemicals and dangerous drugs shall be disposed of by
C
examination shall not be more than ten (10) grams of samples means of the following methods:
from each package/bag selected. Where a written request is made
by a foreign counterpart agency to PDEA for drug samples for 1. Thermal destruction method in accordance with applicable laws.
the purpose of drug profiling, PDEA shall ask for leave of court The PDEA may engage the provisional services of third parties
to transfer such samples to the requesting party. Such transfer with thermal facilities covered by valid and subsisting permits and
shall be done through import permit/authorization issued by clearances issued by appropriate government agencies; or
the competent authority of the requesting party and an export
permit granted by PDEA. 2. Other lawful appropriate methods as may be authorized by the
Board, in consultation with DENR.
c. In all cases, whenever applicable, the custodian shall refer to the
Material Safety Data Sheet (MSDS) for further guidance on the C. lant sources of dangerous drugs such as marijuana plant shall be
P
proper handling and continued custody of the representative destroyed by burning on the site of eradication activity and in open field.
samples. Thereafter, the burnt marijuana plant shall be buried underground.

Sec. 3. Destruction173 – Within twenty-four (24) hours from the termination of Within twenty-four (24) hours from the termination and completion of the
the ocular inspection and the taking of representative samples, the Court shall order destruction or disposal proceedings, the Dangerous Drugs Board, through the
the destruction of the Dangerous Drugs or Controlled Precursors and Essential Director General of PDEA or its Regional Director, as the case may be, shall issue
Chemicals. a sworn certification as to the fact of destruction or burning of the subject items,
which together with the representative samples in the custody of PDEA, shall be
In the event the court fails to order the destruction of the same, the Prosecution submitted to the court having jurisdiction over the case.
shall move for the issuance of an order of destruction, taking into consideration the
available resources of the Philippine Drug Enforcement Agency for the destruction In the event that the court does not have adequate facilities for the safekeeping of
of Dangerous Drugs or Controlled Precursors and Essential Chemicals. the representative samples during the pendency of the proceedings in the criminal
case, the Prosecution shall move for the retention by the Laboratory Service of the
A. The destruction or disposal or burning of seized dangerous drugs, plant representative samples.
sources of dangerous drugs or controlled chemicals shall be done in
public and witnessed by the following:

172 Ibid.
173 Please refer to DDB Regulation No . 1, series of 2002, section 6.

190 PREPARATIONS FOR TRIAL UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 191
 CHAPTER 10:
PLEA BARGAINING AND PRE-TRIAL

192 PREPARATIONS FOR TRIAL UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 193
 CHAPTER X:
Plea Bargaining and Pre-Trial

Sec. 1. Plea Bargaining – It is a process where the accused usually pleads guilty
to a lesser offense or to only one or some of the counts of a multi-count indictment
in return for a lighter sentence than that for the graver charge.174

A. Applicable Rules in Plea Bargaining

1. Plea bargaining is now allowed for drugs cases.175

2. Plea bargaining may be entertained by the Prosecution at any stage

of the proceedings.

3. The courts shall not allow plea bargaining if the objections to the
plea bargaining are valid and supported by evidence to the effect
that the offender is under the following circumstances:

a. Recidivist;

b. Habitual offender;

c. Known in the community as a drug addict and troublemaker;

d. One who has undergone rehabilitation but had a relapse, or has

been charged many times; or

e. When the evidence of guilt of charge is strong.176

4. Actions to take during instances where there are conflicts between

DOJ Circular No. 027 and AM No. 18-03-16-SC:

a. As regards offer for plea bargain for violation of Section 5

involving shabu (less than 5 grams) and marijuana (less than
300 grams), manifest with the Court that the acceptable plea
bargaining for the prosecution will be under Section 11, par. 3 of
RA 9165.

174 Revised Manual for Prosecutors – 2017 Edition Volume 1, page 77.
175 Estipona, Jr. v. Lobrigo, G.R. No. 226679, August 15, 2017.
176 OCA-Circular No. 80-2019.

194 PLEA BARGAINING AND PRE-TRIAL UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 195
 b. As regards plea bargaining for violation of Section 7 (employees 2. If the proposed plea bargain is not allowed or goes beyond what
of drug den), reject the proposed plea outright and continue with is allowed under the guidelines of DOJ Circular No. 027, June 26,
the proceedings. 2018, the Trial Prosecutor shall reject the proposed plea bargain
outright and continue with the proceedings.177
c. As regards plea bargaining for violation of Section 7 (visitors
of drug den), manifest with the Court that the acceptable plea 3. The Trial Prosecutor may also reject the proposed plea bargain
bargaining for the prosecution will be under section 12 or section where the offender is a recidivist, a habitual offender, known in
15. the community as a drug addict and troublemaker, or one who has
undergone rehabilitation but had a relapse, or has been charged
d. As regards offer for plea bargain for violation of Section 11 many times, or when the evidence of guilt is strong.
involving marijuana (300 grams or more), reject the proposed
plea outright and continue with the proceedings. 4. Where the accused offers a plea bargain which is allowed under DOJ
Circular No. 027, June 26, 2018, the trial prosecutor shall:
e. As regards offer for plea bargain for violation of Section 11
involving shabu, opium, morphine, heroin, cocaine, et. al. except a. Request the court to order that a drug dependency assessment178
marijuana (5 grams or more), reject the proposed plea outright be administered on the accused pursuant to A.M. 18-03-16-SC.
and continue with the proceedings. The drug dependency report shall be a condition sine qua non
for the prosecution to give its consent to the plea bargain.
f. As regards plea bargaining for violation of Section 13 pertaining
to shabu et. al (5 grams of more) or marijuana (300 grams or b. Request for time to obtain the written approval of the City
more), reject the proposed plea outright and continue with the Prosecutor or Provincial Prosecutor concerned or from any
proceedings. prosecutor with delegated authority to approve plea bargains
other than the Trial Prosecutor.
g. As regards plea bargaining for violation of Section 13 pertaining
to shabu et. al (less than 5 grams) and marijuana (less than c. Where the offer to plea bargain was made after the trial on the
300 grams), manifest with the Court that the acceptable plea merits has commenced, request for time to study the matter and
bargaining for the prosecution will be under Section 11, par. 3 of make a careful evaluation to determine whether the evidence of
RA 9165. the prosecution is sufficient to convict. If the Trial Prosecutor
decides to accept the plea bargain, s/he shall then submit a written
5. In cases where a minor is charged under RA 9165 as amended, the memorandum to the City Prosecutor, Provincial Prosecutor, or
minor shall be proceeded against pursuant to the provisions of approving prosecutor concerned justifying why the plea bargain
Republic Act No. 9344 as amended. should be accepted.

B. Guidelines for the Prosecutor in Plea Bargaining d. Submit the to the court the written approval to form part of the
records.
Where the accused offers a plea bargain during arraignment or pre-trial or
after the trial on the merits has commenced, the trial prosecutor shall be 5. In the event that the court insists on approving a plea bargain that is
guided by the following rules and procedure: not allowed or goes beyond what is allowed under these guidelines,
the Trial Prosecutor shall interpose his/her vigorous objection in
1. All offers for plea bargaining must be initiated in writing by way of a open court and manifest that the State does not give its consent to
formal motion filed by the accused in court. the plea bargain.

177 See Sayre v. Hon Xenos, G.R. Nos. 244413, 244415-16, February 18, 2020.
178 A drug dependency assessment is a procedure conducted by a DOH-accredited physician to evaluate the extent of drug abuse of a person
and to determine whether he/she is a drug dependent or not, which includes history taking, intake interview, determination of the
criteria for drug dependency, mental and physical status, and the detection of dangerous drugs in body specimens through laboratory
procedures. (Dangerous Drugs Board Regulation No. 3, Series of 2007).

196 PLEA BARGAINING AND PRE-TRIAL UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 197
Sec. 2. Pre-trial – A pre-trial is a process whereby the accused and the Prosecutor 3. Marking of Exhibits
work out a naturally satisfactory disposition of a case subject to court approval in
order to expedite the trial of the case.179 4. Admission or Waiver of Objection to the Admissibility of
Evidence
The conduct of a pre-trial conference is mandatory in all criminal cases.180 It is
scheduled after arraignment and within thirty (30) days of the date the court 5. Modification of the Order of Trial
acquires jurisdiction over the person of the accused, unless a shorter period is
provided for in special laws or circulars of the Supreme Court.181 If the Accused admits the charge but interposes a lawful defense e.g.
self-defense); and
The pre-trial order binds the parties, limits the trial to matters not disposed of, and
controls the course of the action taken during the trial, unless modified by the court 6. Such Other Matters
to prevent manifest injustice.182
Matters that will promote a fair and expeditious trial of the criminal
A. What Takes Place During Pre-Trial and civil aspects of the case.187

1. Plea Bargaining

The process through which the accused pleads guilty to a lesser

offense or to only one or some of the counts of a multi-count
indictment in return for a lighter sentence than that for the graver
charge.183

2. Stipulation of Facts

This refers to the agreement of the parties on some facts admitted,

some facts covered by judicial notice,184 judicial admissions185 or on
matters not otherwise disputed by them.

In cases requiring the presentation of government witness/es or

evidence, the Trial Prosecutor should exert every effort to secure the
admissibility of certain documentary evidence, e.g. chemist report,
affidavit of seizing officer and arresting officer, photographs of the
seized dangerous drugs, and the like, for expediency of the court
proceedings.

The list of witnesses should be qualified by the following statement:

“that other witnesses may be presented in the course of the trial.”

Whenever necessary, the counter-affidavit of the accused, which was

submitted during the preliminary investigation, may be resorted to
or availed of to demonstrate or establish the defense’s theory.186

179 Revised Manual for Prosecutors – 2017 Edition Volume 1, page 81. 187 Sec. 1, Rule 118, Revised Rules of Criminal Procedure.
180 Sec. 1, par. 1, Rule 118, Revised Rules of Criminal Procedure; Supreme Court Circular No. 38-98.
181 Revised Manual for Prosecutors – 2017 Edition Volume 1, page 81.
182 Sec. 4, Rule 118, Revised Rules of Criminal Procedure.
183 Revised Manual for Prosecutors – 2017 Edition Volume 1, page 82.
184 Sec. 1, Rule 129, Revised Rules of Criminal Procedure.
185 Ibid.
186 Revised Manual for Prosecutors – 2017 Edition Volume 1, page 83.

198 PLEA BARGAINING AND PRE-TRIAL UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 199
 CHAPTER 11:
POST-PROSECUTION

200 PLEA BARGAINING AND PRE-TRIAL UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 201
 CHAPTER XI:
Post-Prosecution

Sec. 1. Forfeiture – It is the loss of goods or chattels, as a punishment for some

crime or misdemeanor in the party forfeiting, and as a compensation for the
offense and injury committed. Confiscation, as distinguished from forfeiture, is but
a consequence of the latter.

Promptly after the conviction of an accused, if the court fails to set a hearing for
the forfeiture of the properties or assets of the accused derived from or used as
instruments in the commission of any offenses under RA 9165, as amended, and
other related laws, the Prosecution shall move for the forfeiture of the same in favor
of the government, taking into consideration, as far as applicable, the following:

• RA 9165, as amended by Republic Act No. 10640;

• Republic Act No. 9160, as amended by Republic Act Nos. 9194, 10167, and
10365;

• Implementing Rules and Regulations of RA 9165 and Republic Act No. 9160;

• The Revised Penal Code, Articles 25 and 45;

• Republic Act No. 1379, Republic Act No. 3019, Republic Act No. 7080;188

• DDB Regulation No. 1, series of 2014;

• A.M. No. 05-11-04-SC;189

• OCA Circular No. 71-2017;190

• OCA Circular No. 26-2018;191

• OCA Circular No. 02-2019;192

188 For public officers and employees. Republic Act No. 1379, Republic Act No. 3019, Republic Act No. 7080.
189 Rule of Procedure in Cases of Civil Forfeiture, Asset Preservation, and Freezing of Monetary Instrument, Property, or Proceeds
Representing, Involving, or Relating to an Unlawful Activity or Money Laundering Offense under Republic Act No. 9160, as amended.
190 Remittance of Money Exhibit, Proceeds from Sale of Exhibits and Fines Imposed in Drug Cases.
191 Remittance of Fines, Money Exhibit, Proceeds from Sale of Exhibits, Forfeited Cash Bonds, and Net Interest Income.
192 Use of the Supreme Court Official Receipt in the Collection of Fines and Proceeds from the Sale of Exhibits in Drugs Cases.

202 POST-PROSECUTION UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 203
• UNODC Manual on International Cooperation for the Purposes of Confiscation timely filed, whether such motion is required or not, the petition shall
of Proceeds of Crime; and be filed not later than sixty (60) days counted from the notice of the
denial of the motion.
• Asset Recovery Handbook: A Guide for Practitioners.193
The 60-day period is non-extendible to avoid any unreasonable delay
Sec. 2. Petition for Certiorari – In the event a case is dismissed or the accused that would violate the constitutional rights of parties to a speedy
therein acquitted and the Prosecution or the apprehending team has reasonable disposition of their case.194
grounds to believe that dismissal or acquittal was made with grave abuse of
discretion amounting to lack or in excess of the jurisdiction of the court, a petition In transmitting the request for filing a petition for certiorari under Rule
for certiorari under and pursuant to Rule 65 of the Rules of Court, shall be filed 65, the Prosecutor General must transmit the request to the OSG within
before the appropriate appellate court within the reglementary period. a maximum period of fifteen (15) days from receipt of notice of the
judgment, order, resolution or from notice of the denial of the motion
A. Procedure. The Prosecution shall submit an endorsement to the Office for reconsideration/new trial.
of the Solicitor General, which shall be accompanied by the following:
In case the request for filing of a petition for certiorari was endorsed
1. Written conformity of the Prosecutor General or his authorized beyond the reglementary period stated herein or by any party other than
representative; the Prosecutor General, the OSG shall immediately return the complete
records of the case to the endorsing party for its appropriate action.
2. Letter of endorsement with a case summary containing the facts of
the case; the alleged grave abuse of discretion amounting to lack or Sec. 3. Monitoring of Drug Cases – The PDEA shall be responsible for the
excess jurisdiction; a statement of the date the notice of decision, monitoring of drug cases filed and pending before the Prosecution Offices, trial
judgment or resolution, or other subject thereof was received; the courts, Court of Appeals, and Supreme Court. All concerned government agencies
date the motion for reconsideration, if any, was filed; the notice date involved in the prosecution of illegal drug cases are enjoined to extend assistance to
of the denial of the motion for reconsideration; and the deadline for the PDEA in the monitoring of cases. All prosecutor offices are required to promptly
the filing of the petition; furnish PDEA with its resolutions, orders, information, and other pleadings and
processes by sending copies to the official e-mail address of PDEA’s Legal and
3. Legible Duplicate Original or Certified True Copies of the decision, Prosecution Service.
judgment, resolution or order subject of the request to file petition.
The certification must be secured from the authorized personnel
of the court issuing the same. Submission of photocopies, not
certified in accordance therewith, shall not be considered sufficient
compliance;

4. Certification under oath that the Prosecution has not commenced

any other action or proceeding involving the same issues in the Court
of Appeals, the Supreme Court, or any other tribunal or agency.

B. Period. The period of filing a petition for certiorari under Rule 65 of

the Rules of Court must be strictly complied with. Under Section 4, Rule
65 of the Rules of Court, it is mandated that the petition for certiorari
shall be filed not later than sixty (60) days from notice of the judgment,
order or resolution. In case a motion for reconsideration or new trial is

193 Jean-Pierre Brun & Anastasia Sotiropoulou & Larissa Gray & Clive Scott & Kevin M. Stephenson, Asset Recovery Handbook: A Guide 194 See Manila Electric Co. v. N.E. Construction Inc., August 31, 2016, G.R. No. 208181.
for Practioners, StAR Initiative, Washington, D.C: World Bank, 2011, https://star.worldbank.org/sites/star/files/asset_recovery_
handbook_0.pdf, accessed on July 1, 2020.

204 POST-PROSECUTION UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 205
 CHAPTER 12:
MISCELLANEOUS PROVISIONS

206 POST-PROSECUTION UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 207
 CHAPTER XII:
Miscellaneous Provisions

Sec. 1. Effectivity - The effectivity date of the Manual is August 12, 2020.

Sec. 2. Superseding Clause – The provisions of all executive issuances or

regulations not consistent with the provisions of this Manual are hereby deemed
amended or superseded accordingly.

Sec. 3. Undertaking – The agencies and offices that have taken part in the writing
and promulgation of this Manual are hereby bound by its provisions. Accordingly,
any provisions, rules, or regulations inconsistent with the provisions of this Manual
shall be amended, revised, or superseded accordingly to conform to this Manual.

208 MISCELLANEOUS PROVISIONS UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 209
 APPENDICES

210 MISCELLANEOUS PROVISIONS UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 211
 APPENDICES

APPENDIX 1 Tables I and II of the Annex of the 1988 UN

Convention Against Illicit Traffic in Narcotic Drugs
and Psychotropic Substances

APPENDIX 2 Chain of Custody Form for Drug Evidence

APPENDIX 3 Chain of Custody Form for Non-Drug Evidence

APPENDIX 4 Chain of Custody Form for Laboratory

APPENDIX 5 Investigation Data Form

APPENDIX 6 Certificate of Inventory of Seized Items Form

APPENDIX 7 Sample Affidavit of Poseur Buyer

APPENDIX 8 Sample Affidavit of Seizing Officer

APPENDIX 9 Sample Affidavit of Investigator

APPENDIX 10 Sample Affidavit of Arresting Officer

APPENDIX 11 Salient Features of A.M. No. 21-02-01-SC

212 APPENDICES UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 213
Appendix 1: Tables I and II of the Annex of the 1988 UN Convention Appendix 2: Chain of Custody Form for Drug Evidence
Against Illicit Traffic in Narcotics, Drugs and Psychotropic Substances195
CHAIN OF CUSTODY FORM FORM
(DRUG EVIDENCE)
Revised Tables including the amendments made by the
Commission on Narcotic Drugs in force as of 23 November 1992

TABLE 1 TABLE 2

N-acetylanthranilic acid Acetic anhydride

Ephedrine Acetone

Ergometrine Anthranilic acid

Ergotamine Ethyl ether

Isosafrole Hydrochloric acid

Lysergic acid Methyl ethyl ketone

3,4-methylenedioxyphenyl-2-propanone Phenylacetic acid

1-phenyl-2-propanone Piperidine

Piperonal Potassium permanganate

Pseudoephedrine Sulphuric acid

Safrole Toluene

The salts of the substances listed in this The salts of the substances listed in this
Table whenever the existence of such salts Table whenever the existence of such
is possible. salts is possible. (the salts of hydrochloric
acid and sulphuric acid are specifically
excluded)

195 Annex, 1988 Convention Against Illicit Traffic in Narcotics, Drugs, and Psychotropic Substances, available at <https://treaties.un.org/
doc/Treaties/1990/11/19901111%2008-29%20AM/Ch_VI_19p.pdf>, accessed on July 1, 2020. The treaty entered into force on 11
November 1990. The Philippines ratified the Convention on 7 March 1996.

214 APPENDICES UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 215
Appendix 3: Chain of Custody Form for Non-Drug Evidence Appendix 4: Chain of Custody Form for Laboratory

CHAIN OF CUSTODY FORM FORM

(NON-DRUG EVIDENCE)

216 APPENDICES UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 217
Appendix 5: Investigation Data Form (Cont. Appendix 5: Investigation Data Form)

218 APPENDICES UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 219
Appendix 6: Certificate of Inventory of Seized Items Appendix 7: Sample Affidavit of Poseur-Buyer

220 APPENDICES UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 221
(Cont. Appendix 7: Sample Affidavit of Poseur-Buyer) Appendix 8: Sample Affidavit of Seizing Officer

222 APPENDICES UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 223
(Cont. Appendix 8: Sample Affidavit of Seizing Officer) Appendix 9: Sample Affidavit of Investigator

224 APPENDICES UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 225
(Cont. Appendix 9: Sample Affidavit of Investigator) Appendix 10: Sample Affidavit of Arresting Officer

226 APPENDICES UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 227
(Cont. Appendix 10: Sample Affidavit of Arresting Officer) Appendix 11: Salient Features of A.M. No. 21-02-01-SC

SALIENT FEATURES ON THE RULE ON THE

DESTRUCTION AND DISPOSAL OF SEIZED DANGEROUS
DRUGS, OTHER SUBSTANCES, AND INSTRUMENTS
PRIOR TO THE FILING OF AN INFORMATION196

Rules prior to filing of an information:

I. Who can file and where to file

A. With Search Warrant

The application for the destruction and disposal of the seized

dangerous drugs and related paraphernalia shall be filed by:

1. Law enforcement agent, or

WHO
2. Prosecutor

Before the court which issued the search warrant

WHERE
immediately after the seizure.

B. Without Search Warrant

1. Law enforcement agent, or

WHO
2. Prosecutor

Before the court which has territorial jurisdiction

over the case and the place where the dangerous
WHERE
drugs, other substances, and instru-ments were
found and seized.

196 This Annex is a summary of A.M. No. 21-02-01-SC, March 16, 2021, https://sc.judiciary.gov.ph/17815/, accessed on March 22, 2022.

228 APPENDICES UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 229
 II. Mandatory requirements 4. Law enforcement agent/s who seized the drugs; and

With or without search warrant, compliance with Sec. 21(1), Article II of 5. Forensic laboratory personnel.
R.A. 9165, as amended by R.A. 10640 is required. The following are the
mandatory requirements: D. After the taking of representative samples

• Proper documentation 1. The court shall order the immediate destruction and disposal of
the remaining seized drugs or instruments and equipment.
• Conduct of physical inventory
2. Prior to the actual destruction and disposal, the seized drugs
• Photographs of the seized items shall be immediately sent and delivered to the Drug Forensic
Center of the Philippine Drug Enforcement Agency (PDEA).
III. Circumstances when an ocular inspection by a judge is necessary
3. The above cited witnesses to the taking of the representative
A Judge shall conduct an ocular inspection of the seized articles within sample shall also witness the actual destruction of the seized
72 hours from the time the application is filed if: drugs and instruments.

• The seized drugs amount to 1 kilogram or more, or V. Requirements During Actual Destruction

• If the seized instruments and equipment cannot be physically A. Witnesses required during actual destruction:
brought to court.
1. The person from whom the items were seized; or his or her
IV. Order for the retention of a representative sample representative; or counsel;

Within 24 hours from the conduct of the ocular inspection: 2. The elected public official who witnessed the physical inventory
and photographing of the seized drugs;
A. The court shall order the retention of a representative sample of the
seized drugs which shall be kept in the forensic laboratory of the 3. An official from the National Prosecution Service (NPS) or a
operating unit which seized the drugs. representative from the media;

B. In cases where the seized drugs are physically brought to the court, 4. Law enforcement agent/s who seized the drugs; and
the court shall order the retention of the representative sample of
the seized drugs also within 24 hours. 5. Forensic laboratory personnel.

C. Witnesses required in the taking of the representative samples: B. Effect of absence of one of the witnesses

1. The person from whom the items were seized; or his or her The absence of the person from whom the items were seized, or his
representative; or counsel; or her representative or counsel during the actual destruction shall
not affect the integrity and identity of the seized dangerous drugs.
2. The elected public official who witnessed the physical inventory
and photographing of the seized drugs;

3. An official from the National Prosecution Service or a

representative from the media;

230 APPENDICES UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 231
 VI. Report

The applicant shall file a report to the court:

A. Period

Within 24 hours from the actual destruction and disposal of the

seized drugs and items

B. Contents of Report

Photographs and video recordings of the destruction and

disposal process.

VII. Proper and lawful use of seized drugs and controlled chemicals

Upon proper motion, the court, using its sound discretion, may allow
the proper and lawful use of seized drugs and controlled chemicals,
when no longer needed as evidence, for the training of K9 detector dogs
for narcotics subject to compliance of established guidelines by PDEA.

Rules after the filing of a criminal information:

I. Consolidation of records in case the criminal information is filed before a court

other than the court that issued the search warrant or order for destruction and
disposal

If the criminal information is already filed before a court other than the court
that issued the search warrant or order for destruction and disposal, the
records of the search warrant and order for destruction and disposal, including
attachment, shall be consolidated with the court where the criminal information
is filed.

II. Jurisdiction of criminal case where no search warrant was issued

In cases where no search warrants were issued, the criminal information shall
be filed before the court that issued the order for destruction and disposal.

This publication was produced with the financial support of the European
Union. Its contents are the sole responsibility of the Inter-agency
Committee on Anti-Illegal Drugs Justice Cluster and do not necessarily
reflect the views of the European Union.

232 APPENDICES UNIFIED MANUAL IN THE INVESTIGATION AND PROSECUTION OF ILLEGAL DRUGS CASES 233