GUIDELINES ON THE PROCESSING OF REQUEST FOR LABORATORY EXAMINATION ON SEIZED/CONFISCATED DANGEROUS DRUGS CONTROLLED PRECURSORS AND ESSENTIAL CHEMICALS INSTRUMENTS/PARAPHERNALIA,…

a. LOI Kontra Droga Bravo dtd February 18, 2009;
b. RA 9165 (The Comprehensive Drugs Act of 2002);
c. PNP Anti-Corruption Plan; and

d. LOI Patnubay II

2. BACKGROUND/R ATIONALE

PNP records show an alarming number of unclaimed laboratory reports
of drug cases in different PNP Crime Laboratory Offices for the period
CY 2005-2008.

In the investigation of cases involving violation of the anti-drug
law, laboratory reports are substantial documents for the filing of
criminal charges in court as these scientifically prove the presence of
dangerous drugs on seized/confiscated items or on the specimen from the
arrested suspects.

Aside from the wasted efforts and resources for laboratory
examination, these unclaimed laboratory reports create a negative
impression on the part of the concerned PNP personnel in pursuing
criminal cases against drug suspects, which is contrary to the internal
cleansing effort of the PNP to prevent irregularities and ensure
transparent anti-drug operations.

There is therefore a need to prescribe guidelines in the submission
of request for the conduct of laboratory examination on seized drugs
and drug testing on arrested suspects from the PNPCL to ensure
accountability from the requesting party.

3. DEFINITION OF TERMS

a. Dangerous Drugs – Includes those
listed in the Schedules annexed to the Single Convention of Narcotics
drugs, as amended by the 1972 protocol, and in the schedules annexed to
the 1971 Single Convention on Psychotropic Substances as enumerated in
the annex which is an integral part of RA 9165 otherwise known as the
“Comprehensive Drugs Act of 2002.”

b. Drug-related Arrest – Apprehension
made for violation of RA 9165 and other pertinent drug laws as well as
other crimes committed under the influence of dangerous drugs.

c. Clandestine Laboratory – Any facility used for the illegal manufacture of any dangerous and/or controlled precursors and essential chemicals.

d. Controlled Precursor and Essential Chemicals (CPECs) –
Includes those listed in the Tables I and II of the 1988 UN Convention
Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances as
enumerated in the annex which is an integral part of RA 9165 otherwise
known as the “Comprehensive Drugs Act of 2002”.

e. Drug Abuser – A person who uses or
administers to himself or allows others to administer dangerous drugs to
himself without medical approval.

f. Mandatory Drug Test – Compulsory submission of a suspect for drug testing as required by RA 9165.

g. Screening Test – A rapid drug test performed to establish potential or presumptive positive result.

h. Confirmatory Test – An analytical test
using a device, tool or equipment with a different chemical or physical
principle that is more specific which will validate and confirm the
result of the screening test.

i. Specimen – Refers to the sample that is submitted for laboratory examination.

j. Crime Laboratory – Provides scientific
investigation services and other technical support to the PNP offices
and other agencies through fieldwork, scene of crime operations,
forensic laboratory service, criminalistics training and research.

k. Laboratory Equipment – The
paraphernalia, apparatus, materials or appliances when used, intended
for use or designed for use in the manufacture of any dangerous drug
and/or controlled precursor and essential chemical, such as reaction
vessels, preparative/purifying equipment, fermentors, separatory
funnels, flasks, heating mantles, gas generators, or their substitutes.

l. Laboratory Report – Refers to the result of the test conducted by CL which determines the presence or absence of dangerous drugs in a specimen.

m. Instrument – Any thing that is used in
or intended to be used in any manner in the commission of illegal drug
trafficking or related offenses.

4. PURPOSE AND OBJECTIVE

a. To provide systems and procedures on the following:

1) Submission of request to CL for the conduct of laboratory
examination on seized/confiscated dangerous drugs, controlled precursors
and essential chemicals, instruments/paraphernalia, laboratory
equipment and drug testing of arrested suspect; and

2) Issuance and/or release of results of the laboratory examination to the requesting party.

b. To promote and ensure full accountability to PNP personnel who
shall fail to claim laboratory reports on a specified period or shall
engage in improper and unlawful practices.

5. IMPLEMENTING GUIDELINES & POLICIES

a. When submitting a request to CL for laboratory examination on
seized/confiscated drugs, other substances and related items; and
conduct of drug testing on arrested suspect, the following information
shall be indicated: (See attached formats as Annexes A & B^[*])

1) Name/s and other personal circumstances of the suspect/s;
2) Purpose of examination;
3) Type of operation conducted;
4) Date, time & place of arrest;
5) Name and contact number of the requesting party;
6) Type & quantity of seized evidence; and
7) Other relevant information

b. The requesting party shall claim the certification of
laboratory examination results from CL within the following period
reckoned from the time of the submission of request for examination:

1) Within 24 hours for the seized/confiscated drugs, other
substances and related items. However, if the volume of
seized/confiscated drugs does not allow the completion of laboratory
examination within this time frame, a partial laboratory report shall be
provisionally issued stating therein the quantities of the dangerous
drugs still to be examined by the forensic laboratory; provided,
however, that a final certification be issued on the completed
laboratory examination on the same within the next 24 hours;

2) Within 24 hours for the result of the screening test on the specimen of apprehended/arrested offenders;

3) Within 1 week for the result of the confirmatory test
on the specimen of apprehended/arrested offenders upon the issuance of
the result of screening test subject to the availability of equipment,
chemical reagents and standards; and

4) Within 30 days in case of unknown chemicals and/or substances.

c. In case of non-retrieval of laboratory results within the
prescribed period, the chief of the concerned CL Office shall
immediately notify the following in writing, through telephone and other
practical means of communication, viz:

1) COP/Station Commander and/or next higher level commander in case the requesting party is/are member/s of a municipal/component city police station;

2) District Director, Provincial Director or City Director
in case the requesting party is/are member/s of NCRPO District,
Provincial Police Office or Highly Urbanized City Police Office.

3) Regional Director in case the requesting party is/are
member/s of offices under the Police Regional Headquarters and NSUs that
are under the operational control of the RD; and

4) Task Force Commander, AIDSOTF copy furnished DIDM (Attn: PCID) in case the requesting party is/are members of NHQ-based operating units or task forces.

d. Upon receipt of the report from CL, if it is positive, the
respondent personnel must be required by the unit commander concerned to
submit an Inquest Recommendation on the case. In case of
non-compliance, the disciplinary authority shall immediately conduct
administrative investigation on the failure of the personnel who
requested the laboratory examination pursuant to NAPOLCOM MC 2007-001,
RA 9165 and other existing rules and regulations.

e. The immediate superior of the respondent personnel shall
likewise be subjected to investigation to determine his liability under
the principle of command responsibility; and

f. The conduct of administrative aspect of the case is without
prejudice to the filing of criminal case under RA 9165 and other
criminal laws against the respondent personnel and his superior officer
if they are found to have been engaged in improper or unlawful
activities (i.e. Bungling of drug cases).

6. SUPERVISION AND REPOR TORIAL REQUIREMENTS

a. The Task Force Commander, AIDSOTF shall be the overall
supervisor in the implementation of this circular while RDs/ Task Group
Commander, RAIDSOTGs shall be the supervisor in their respective areas.

b. For purposes of validation and monitoring, the NHQCL and RCLOs
shall submit to AIDSOTF and RAIDSOTGs respectively a consolidated
monthly report on all unclaimed laboratory report every 5 th day of the
month starting June 2009.

c. The conduct of pre-charge evaluation or summary dismissal
proceedings on cases regarding failure to claim laboratory reports on a
specified period and/or other related misconduct shall be conducted and
supervised by DIDM and DPRM respectively and equivalent offices in the
PROs & NSUs.

d. The DIDM and DPRM shall submit monthly progress of the
resolution of cases to Task Force Commander, AIDSOTF every 5th day of
the month starting June 2009 for monitoring, consolidation and
subsequent submission of report to C, PNP.

7. EFFECTIVITY

This circular shall effect upon its approval. All existing
circulars, directives, and other issuances whose provisions are contrary
to or inconsistent with this circular are hereby rescinded or modified
accordingly, but all other circulars and directives not in conflict with
this circular are still in effect.

Adopted: 18 May 2009

(SGD.) JESUS A VERZOSA, CEO VI
Police Director General Chief, PNP

^[*] Not Filed with ONAR.