Apprehension of Violation of Suspect RA

  • Upload
    vicvic

  • View
    6

  • Download
    0

Embed Size (px)

DESCRIPTION

Not my own work.

Citation preview

MANUAL ON ANTI-ILLEGAL DRUGS OPERATION AND INVESTIGATION(Section 16-19)Section 16. Handling of Information on High Profile Targets

PNP-AIDSOTFAll information received by PNP UnitsHigh profile targetsClandestine LabsCPECs warehousesStorage facilities Referred

Section 17. Observance of the Constitutional Rights of the Suspect/Accused Before any arrest, detention, and investigation the accused must be informed of their rightsSection 18. Prohibition to PNP member No PNP member shall be allowed to conduct a planned anti-illegal drug operation unless he is a member of an authorized anti-drug unit.

Apprehension of violation of suspect RA.9165 buy bust operation

At this place where the arrestis made or Nearest police station Nearest office of the apprehending unit/team or Whichever is practible

Elected public officials and Representative from DOJ or MEDIA

Marking of evidence, physical inventory and taking of phographs

Signature of required witnesses

Are all the required witnesses present ?

NO Execute an affidavit justifying the absence of such witnesses

YES Witnesses shall sign inventory

Evidence shall be immediately turned over by the seizing officer to investigator with the accomplished chain of custody form

Within 24 hours the drug evidence should be forwarded to the PDEA laboratory service or PNP crime laboratory for qualitative and Quantitative examination

Within 24 hours the PDEA laboratory service or PNP crime laboratory issues the forensic laboratoryresults

Within 36 hours arrested suspects will be presented for inquest preliminary examination

Criminal information will be filed by the prosecutor before the court

After 24 hours the court will issue order for the destruction of the evidence

After 72 hours the court will conduct ocular inspection

After destruction, DDB will issue a certificate as to the fact of the destruction

TRIAL

After promulgation,the prosecution shall inform the board of the termination of the case and request the court to turn over the evidence to PDEA within 24 hours.

AFTER BUY-BUST PHASE

THE COP SHALL ENSURE THAT ALL POLICE WITNESSES SHALL RELIGIOUSLY ATTEND AND TESTIFY IN COURT DURING THE TRIAL AND SHALL REQUIRE THEM TO SECURE A CERTIFICATE OF APPEARANCE FORM THE COURT AND TO SUBMIT AFTER COURT-DUTY REPORTTHE IOC AND THE ARRESTING OFFICERS RESPECTIVELY SHALL MAINTAIN A CASE TRACKING MONITORING SYSYTEM AND SHALL INFORM IN WRITING HIS IMMEDIATE OFFICER AND THE HIGHER OFFICE IF THE CASE IS DISMISSED OR THE SUSPECT/S IS RELEASED FOR FURTHER INVESTIGATION BY THE PROSECUTOR.THEREAFTER, THE IOC SHALL SUBMIT AFTER-INQUEST REPORT TO THE CHIEF OF OFFICE AND FURNISH THE PDEA A COPY OF THE CASE FOLDER AND SHALL REGULARLY UPDATE THE LATTER WITH THE STATUS OF THE CASE.AFTER INQUEST, THE IOC MAY ASK THE COURTFOR THE ISSUANCE OF COMMITMENT OREDER FOR TURN-OVER OF THE ARRESTED PERSON/S TO THE JAIL WARDEN FOR CUSTODY PENDING TRIAL OF THE CASE ATTACHING A COPY OF THE CASE DISPOSITION BY THE INQUEST PROSECUTOR.THE IOC SHALL PREPARE CASE REFERRAL TO THE PROSECUTORS OFFICE FOR INQUEST PROCEEDING FOR VIOLATION OF SECTION 5, ART. II, RA 9165.THE IOC SHALL BRING THE ARRESTED PERSON TOGETHER WITH THE ARRESTING PERSONNEL, SEIZING OFFICER OR OTHER WITNESSES AND THE PIECES OF EVIDENCE TO THE PROSECUTORS OFFICE FOR INQUEST PROCEEDING.