OCA CIRCULAR NO. 28-2005, March 28, 2005

It has come to the attention of this Office that drug cases are
being dismissed on the ground that the operating personnel involved
therein are not members of the Philippine Drug Enforcement Agency
(PDEA), which is the authorized agency to conduct drug operations under
R.A. 9165, .

For the information and guidance of all concerned, on 02 June
2003, the PDEA has entered into a Memorandum of Agreement with the
Philippine National Police (PNP) for the latter’s support in the
anti-drug campaign. Under the Section 4 (B) of the MOA, the PNP has the
following specific roles on operational matters:

(a) Continue to conduct general law enforcement operations
against illegal drugs through supply/demand reduction programs pursuant
to its LOI BANAT in conformity with the pertinent provisions of RA 9165
and in close coordination with the Barangay Anti-Drug Abuse Councils
(BADACs); Create a PNP Task

(b) Create a PNP Task Force to be headed by a ranking/qualified
police officer which will assist the PDEA in its anti-illegal drugs
operation down to barangay level to be operationalized during the
transition period;

(c) Ensure that all operations against illegal drugs shall be
carried out in coordination with and/or under the direction and control
of the PDEA;

(d) Assist the PDEA in collecting, processing and analyzing
information on illegal drug activities by submitting periodic reports to
the PDEA through the PDEA Regional Offices;

(e) Support the National Drug Intelligence System maintained by the PDEA and allow its integration with PNP databases;

(f) Assist in intelligence operations conducted by the PDEA
through the utilization of its personnel, informants and other resources
on a case-to-case basis;

(g) Assist in counter-intelligence and investigation efforts of
the PDEA especially regarding PNP personnel involved in illegal drug
activities;

(h) Assist the PDEA in investigation and prosecution of drug cases;

(i) Assist the PDEA in the examination and custody of all seized,
confiscated, and surrendered dangerous drugs, precursors and essential
chemicals through the PNP Crime Laboratory until such time that the PDEA
has established its own forensic laboratory in every province and city
as provided for in Republic Act 9 165;

(j) Assist the PDEA in. the formation of a nationwide
organization, which shall coordinate and supervise all activities
against drug abuse in ever}’ province, city, municipality and barangay;

(k) Assist the PDEA in coordinating with foreign counterparts
through the utilization of the Police Attaches until such time that the
Agency can field its own foreign liaison officers;

(l) Support the National Anti-Drug Program of Action (NADPA) as
mandated by Presidential Letter of Instruction Number 1 issued by
President Gloria Macapagal-Arroyo and updated by the Dangerous Drugs
Board; and

(m) Extend other operational assistance as may be necessary or upon request of PDEA.

The provincial, city and municipal chiefs of police are
concurrently the PDEA provincial, city and municipal officers,
respectively, during the transition period stated in R.A. 9165
considering that the PDEA still lacks the required personnel at this
phase. Based on the said MOA, the anti-drug operations of the law
enforcement agencies covered by said agreement are clearly in support of
and in coordination with PDEA. This is buttressed by the provisions of
the Implementing Rules and Regulations of R.A. 9165, specifically
Section 86 thereof, which states that other law enforcement agencies may
conduct drug operations in coordination with the PDEA, to wit:

“Sec. 86. Transfer, Absorption, and Integration of All Operating Units on Illegal Drugs into the PDEA and Transitory Provisions

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(a) Relationship/Coordination between PDEA and Other Agencies –
The PDEA shall be the lead agency in the enforcement of the Act, while
the PNP, the NBI and other law enforcement agencies shall continue to
conduct anti-drug operations in support of the PDEA ; Provided, that the said agencies shall, as far as practicable, coordinate with the PDEA prior to anti-drug operations; Provided, further, that
in any case, said agencies shall inform the PDEA of their anti-drug
operations within twenty-four (24) hours from the time of the actual
custody of the suspects or seizure of said drugs and substances, as well
as paraphernalia and transport equipment used in illegal activities
involving such drugs and/or substances, and shall regularly update the
PDEA on the status of the cases involving the said anti-drug operations
conducted by the PNP, the NBI, and other law enforcement agencies prior
to the approval of this IRR shall be valid and authorized; Provided, finally, that
nothing in this IRR shall deprive the PNP, the NBI, and other law
enforcement personnel and the personnel of the Armed Forces of the
Philippines (AFP) from effecting lawful arrests and seizures in
consonance with the provisions of Section 5, Rule 113 of the Rules of
Court.”

From the foregoing, members of the PNP, NBI and other law enforcement agencies who are working in coordination with PDEA are considered as authorized PDEA personnel in anti-drug operations.

Please be guided accordingly.

28 March 2005.