Republic of the Philippines

NATIONAL POLICE COMMISSION

Diosdado Macapagal Government Center
Brgy. Maimpis, City of San Fernando, Pampanga
Tel/Fax No. (045) 455-0253

After Activity Report on Seminar-Workshop entitled Capability Enhancement for Police

Officers on RA 9165 held from July 3-4, 2017 at Bale Katimawan, Pampanga Police Provincial
Office

Salient Provisions of Republic Act No. 9165 and its IRR

The lecture proper was initiated by Assoc. Provincial Prosec. Mayda E. Lintag-Ursua
with topic on the Salient Provisions of RA 9165 or the Comprehensive Dangerous Drugs Act
of 2002 as amended by RA 10640. Her discussion concentrated on significant rules of the
provision which were assumed to be commonly neglected by police officers during dangerous
drugs-related operations, to wit: Rule 5 (Sale, Trading, Administration, Dispensation,
Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors
and Essential Chemical), Rule 11 (Possession of Dangerous Drugs), Rule 12 (Possession of
Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs), Rule 15
(Use of Dangerous Drugs), and Rule 21 (Custody and Disposition of Confiscated, Seized,
and/or Surrendered Dangerous Drugs, Plant Sources of Dangerous Drugs, Controlled
Precursors and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory
Equipment). She also emphasized the meaning of Rule 25, which states that a positive finding
for the use of dangerous drugs shall be a qualifying aggravating circumstance in the
commission of a crime by an offender. She also prompted them to effectively and efficiently
observe proper procedural actions during conduct of police operations to preclude dismissal
of dangerous drugs –related cases.

Updates on Jurisprudence related to RA 9165 /Issues and Concerns

Atty. Manuel L. Pontanal, RAB Chairman of National Police Commission RO3

deliberated an overview of arrest, search and seizure based on the Supreme Court’s most
recent decisions pertaining to dangerous drugs. He also provided insights on Rule 21 of RA
9165 which underscored proper disposition of confiscated dangerous drugs, controlled
precursors, essential chemicals, paraphernalia and laboratory equipment. He expounded on
the four (4) major links in the chain of custody during Buy-Bust Operations. He also cited
examples of criminal/administrative cases which may be confronted by the police officers
during improper observance of the law.

Rights of a Person under Custodial Investigation

Atty. Socrates A. Padua presented the rights of a person under custodial investigation.
He began his discussion citing the Arizona vs Miranda Case as the primary basis of the
Miranda Doctrine of the police officers. He mentioned that non-observance of the Miranda
Rights of a person under custodial investigation resulted in numerous dismissal of criminal
cases. He also cited Andan Case to highlight that the essentiality of the rights under custodial
investigation focuses on extra-judicial confessions.
General Rules and Procedures (Revised PNP Manual on Anti-Illegal Drug Operations
and Investigation)

The General Rules and Procedures on Anti-Illegal Drug Operations and Investigation
was presented by PSSupt. Jean S. Fajardo, Officer-in-Charge, Regional Investigation
Division. She started her lecture by interrogating some of the police officers regarding the
Revised PNP Manual on Anti-Illegal Drug Operations and Investigation to determine their
level of understanding, for she clearly believed that it should be the “bible” of all drug
enforcement unit. She discussed that proper coordination to PDEA must be made as far as
practicable prior to drug-related operations. She centered the discussion in recapping that
the standard rules must be followed by all PNP members engaged in the enforcement of the
RA 9165 as amended by RA 10640, to provide an efficient and effective performance of their
duties and responsibilities, and to build an air-tight cases against illegal drugs offenders and
its successful prosecution in Court. Further, she also comprehensively illustrated diagrams of
the appropriate procedure in handling, custody and disposition of drug and non-drug
evidence.

Specific Rules and Procedures (Revised PNP Manual on Anti-Illegal Drug Operations
and Investigation

As part of the Revised PNP Manual on Anti-Illegal Drug Operations and Investigation,
Atty. Judy S. Lopez, Chief, Regional Legal Office, differentiated planned and unplanned
operations handled by police officers. She specifically discussed the preoperative
preparations up to postoperative activities, prescribed composition of team, and most
importantly, the accurate disposition of evidentiary documents for imminent legal purposes.

Basic Anti-Illegal Drugs Intelligence Operations and Investigation

The Basic Anti-Illegal Drugs Intelligence Operations and Investigation was explicated
by Dir. Ismael Fajardo, Philippine Drug Enforcement Agency RO3. In addition to what was
previously discussed by other lecturers, Dir. Fajardo primarily focused his presentation on the
implication of the unbroken chain of custody, the essentiality of the preservation of the
integrity of evidences and reminded the police officers of the only authorized persons who
are allowed to handle evidences during drug-related operations. He also recognized that
there are defective data of PDEA that should be resolve.

Handling and Investigation of Women Suspects and Children-in-Conflict with Law

The last topic of the Seminar-Workshop is the handling and investigation of Women
Suspects and Children-in-Conflict with Law tapped to Atty. Jean S. Fajardo. She explicitly
explained procedures to be observed in handling women suspects and children-in-conflict
with law as reflected in Section 20 of RA 10630. It was also quoted that a minor should be
termed as “rescued” and not “arrested” by the police officers.