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Republic of the Philippines


NATIONAL POLICE COMMISSION
NATIONAL HEADQUARTERS PHILIPPINE NAT]ONAL POLICE
OFF]CE OF THE CHIEF, PNP
Camp Crame, Quezon City

PNP MEMORANDUM CIRCULAR


No.: ?016-078
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HANDLING^PNP
t" PERSONNEL INVOLVED IN ILLEGAL DRUG ACTIVITIES

1 REFERENCES:
a. PNP Internal Cleansing in Relation to PNP Anti-lllegal Drugs Campaign
Plan-Project: "Double Barrel";
b. Memorandum from SILG dated July 18, 2016 re "Conduct of lmmediate
lnvestigation of
Drug Related Deaths of
Suspects arrested or

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Apprehended Under PNP's Campaign Plan Double Barrel (Oplan Double

er as
Barrel) and Similar Operations;

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c. PNP Memorandum Circular No. 2016-057 dated August 17,2016 re
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"Prescribing Guidelines in the Conduct of Random/Mandatory Drug Test in
the Philippine National Police and Providing Disciplinary and
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Administrative Sanclions for Violation Thereof'; and
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d. Dangerous Drugs Board Regulation No. Series of 2016 of the 3


Dangerous Drugs Board dated August 3, 2016.
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2. RATIONALE:
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This Memorandum Circular (MC) provides the guidelines and procedures to


be undertaken by all PNP Offices/Units in handling PNP personnel involved in illegal
drug activities.
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3. SITUATION:
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During the assumption of office of President RODRIGO ROA DUTERTE on


July 1, 2016, his first order to the undersigned is to help him restore the peace and
order in the country by suppressing drugs, crimes, and corruption in the government
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within three to six months. ln line with this, the PNP formulated CMC No. 16-2016
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entitled, "PNP Anti-lllegal Drugs Campaign Plan Project: Double Barrel." The task of the
Directorate for Personnel and Records Management under the CMC is to formulate a
policy on lnternal Cleansing Program for identified PNP personnel involved in illegal
drug activities.
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4. PURPOSE:

To provide guidelines and procedures on the personnel actions to be


undertaken by the different units in handling PNP personnel involved in illegal drug
activities.

5. DEFINITION OF TERMS:

a. Breach of lnternal Discipline -


refers to any offense committed by a
member of the PNP involving minor offense affecting the order and
discipline within the police organization.

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b. Confirmatory Test - refers to 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. lt
refers to the second or further analytical procedure to more accurately
determine the presence of dangerous drugs in a specimen.

c. -
Dangerous Drugs refer to dangerous drugs listed in the schedules
annexed to the 1961 Single Convention on 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 attached
annex is an integral part of RA No. 9'165 (Comprehensive Dangerous
Drugs Act of 2OO2).

d. Disciplinary Authorities - refer to authorities with summary dismissal


powers who could impose the maximum disciplinary sanction of dismissal
from the police service pursuant to Section 42, R.A. No. 6975, as
amended by Section 53, R.A. No. 8551.

e, Drug Rehabilitation -
refers to the dynamic process including aftercare
and follow-up treatment directed towards the physical, emotional/

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psychological, vocational, social and spiritual change of a drug dependent

er as
to enable him/her to live without dangerous drugs, enjoy the fullest of life

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compatible to with his/her capabilities and potentials, and become a law
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abiding and productive member of the community.

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f. lnvestigation - refers to the collection of facts and evidence to accomplish
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a three-fold aim: to identify the guilty party, to locate the guilty party, and
to provide evidence of guilt.
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g. Personnel lnvolved in lllegal drugs - refer to those PNP personnel who


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voluntarily sunendered, found positive for the presence of dangerous


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drugs during the conduct of random drug test, anested during anti-illegal
drug operations, and any other circumstances related to campaign plan
Double Barrel.
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h. Random Drug Test - refers to a drug test conducted to PNP personnel


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without specific pattern, plan or order to detect the use of illegal or


dangerous drugs.

Restrictive Custody - refers to a disciplinary measure that may be


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imposed by the Chief, PNP, the PNP Regional Director or Equivalent


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Supervisor, the PNP Provincial Director or Equivalent Supervisor during


the pendency of a grave administrative or criminal charge filed against a
subordinate police officer/s which may consist of confinement within the
camp with proper accounting and monitoring of their activities.
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6. GUIDELINES:

a. General Guidelines:

The following actions shall be undertaken in handling the four categories


of PNP personnel involved in illegal drug activities:

1) Those PNP Personnel who voluntarily surrendered.


a) DPRM or its equivalent ofiice in PROs/NSUs shall issue order of
transfer of concerned PNP personnel to PHAU/RPHAU/Admin
Holding Units prior endorsement to IAS/RIAS;

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b) All PNP personnel who are included in the list that was endorsed to
the President of the Republic of the Philippines RODRTGO ROA
DUTERTE and/or the CPNP shall be investigated by IAS;
c) Other cases wherein PNP personnel voluntarily surrendered shall
be investigated by their respective ofhces/units or shall be referred
to IAS upon approval of the CPNP;
d) IAS/RIAS or any designated investigating unit shall render report to
the CPNP, RDs, PROs, and Directors, NSUs, and initiate the filing
of administrative/criminal charges as evidence warrants; and
e) Personnel who yielded negative involvement in illegal drugs
activities upon confirmation by IAS/RIAS shall be recommended to
return to their former office/unit upon approval of their respective
Disciplinary Authority (DA) copy furnished DPRM or its equivalent
office for issuance of appropriate orders.

2) Those PNP personnel who were tested positive for the presence of
dangerous drugs during the conduct of random drug tests and the
results were still positive after the conduct of confirmatory tests_

a) DPRM or its equivalent office in PROs/NSUs shall issue order of

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transfer of those who were found positive during the conduct of

er as
drug tests to PHAU/RPHAU/Adm|n Holding Unit;

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b) eH w
IAS/RIAS shall conduct the investigation and shall submit report of
investigation within three months upon receipt of the drug test

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report from Crime Laboratory;
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c) The DIDM or its office in the PROs/NSUs shall conduct Pre.
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charge/Preliminary lnvestigation to those who refused or failed to


undergo drug test, and if evidence warrants, file appropriate
administrative case/s against them;
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d) Supply Accountable Officer (SAO) of respective concerned offlces


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shall take custody of issued firearms, lD, badge, and other uniform
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paraphernalia as directed by the Disciplinary Authority (DA); and


e) DPRM or its equivalent ofiices in the PROs/NSUs shall monitor and
facilitate the resolution of their administrative case.
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3) Those PNP personnel who voluntarily submitted themselves for drug


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rehabilitation.

a) Head of Office shall immediately submit the names of their


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respective personnel who are under drug rehabilitation, with initial


details on the status and location of the rehabilitation center, to
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DPRM;
b) DPRM or its equivalent office in PROs/NSUs shall issue order of
transfer of
those who are under drug rehabilitation to
PHAU/RPHAU/Adm|n Holding Unit;
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c) IAS/RIAS shall conduct the investigation and shall submit report of


investigation within three months upon receipt of the records from
DPRM or its equivalent office in PROs/NSUs;
d) SAO of respective concerned offices shall take custody of issued
firearms, lD, badge, and other uniform paraphernalia as directed by
the Disciplinary Authority (DA); and
e) DPRM or its equivalent offices in the PROs/NSUs shall monitor and
facilitate the resolution of their administrative case.

4) Those PNP personnel who were arrested during anti-illegal drug


operations.

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a) lf detained, DPRM or its equivalent office in PROs/NSUs shall issue
orders of Automatic Leave of Absence;
b) lf on bail or released for further investigation, DPRM or its
equivalent office in PROs/NSUs shall issue order of transfer to
PHAU/RPHAU/Admin Holding Unit;
c) Upon approval of the recommendation for the issuance of
restrictive custody order by the CPNP or RD, PROs, the DPRM or
its equivalent ofhce in PROs/NSUs shall issue order of restrictive
custody;
d) SAO of respective concerned offices shall take custody of issued
firearms, lD, badge, and other uniform paraphernalia as directed by
the Disciplinary Authority (DA);
e) ln both cases, IAS/RIAS shall conduct the investigation and shall
submit the report of the result within three months; and
0 DPRM or its equivalent ofiices in the PROs/NSUs shall monitor and
facilitate the resolution of their administrative case.

b. Time table for administrative personnel action

1 ) Those who voluntarily sunendered and yielded positive as per

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er as
adjudication of IAS/RIAS/IG shall be recommended to return to their
former PROs/NSUs after three months (90 days) from the date of

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transfer to PHAU/RHAU/Admin Holding Unit without prejudice to the
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result of the investigation and summary hearing proceedings;

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2) Those who were transfened/reassigned to PHAU/RPHAU of their
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respective ofiices and were found negative for involvement in illegal
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drug as per adjudication by IAS/RIAS/IG, shall be recommended to


return to their former unit three months (90 days) after the date of
transfer but will still be subjected to continuous counter intelligence
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monitoring;
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3) Those who were transfened/reassigned from one PRO/NSU to another


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PRO and found negative as per adjudication of IAS/RIAS/IG shall be


recommended to retum to their former PROs/NSUs immediately but
will still be subjected to continuous counter intelligence monitoring;
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4) Those who are found positive of drugs and arrested during illegal drug
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operations shall be recommended for dismissal from the service within


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three months (90 days) from the start of Pre-Charge lnvestigation.


Further, they shall be subjected to appropriate criminal action by
IAS/RIAS in coordination with CIDG; and
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5) Those who are under drug rehabilitation shall be allowed to apply for
leave within five days upon admission to drug rehabilitation center, with
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the assistance of Chief Admin Office. Otherwise, they shall be declared


AWOL subject to appropriate administrative action.

c.
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Responsibilities:

r) DPRM
a) Act as overall OPR in the implementation of this CMC;
b) DPRM or its equivalent office in PROs/NSUs shall issue orders as
specified above;
c) DPRM or its equivalent offices in the PROs/NSUs shall monitor and
facilitate the resolution of their administrative case; and
d) Perform other tasks as directed.
2) TASTRTAS
a) Handle the investigation of all administrative cases of PNP
personnel involved in illegal drug activities and render adjudication
thereof;

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b) Facilitate the investigafion, prosecution, and summary proceeding
which include the submission of report of the result of the
investigation for approval and signature of the proper disciplinary
authority;
c) Monitor progress of criminal cases initiated by IAS and its field
offices;
d) Submit monthly report to DPRM for updating and uploading to the
case monitoring system; and
e) Perform other tasks as directed.

3) CL
a) Conduct drug test to all PNP Personnel who voluntarily surrendered
as requested by their units and those who were arrested during
anti-illegal drug operations; and
b) Perform other tasks as directed.

4 ) DC
a) Provide and allocate fund for the implementation of this CMC; and
b) Perform other tasks as directed.

5) Dr

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a) Shall direct lG to assist in the validation and case build-up

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as
deemed necessary and render adjudication thereof;

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b) Shall submit result of validation to IAS/RIAS upon approval of the
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Disciplinary Authority (DA); and

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c) Perform other tasks as directed.
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6) DIDM
a) DIDM and its equivalent offices in the PROs/NSUS shall initiate and
facilitate the
investigation, prosecution, preliminary and
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investigation; and
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b) Perform other tasks as directed.


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7) C|DG
a) Shall assist IAS/RIAS for the filing of appropriate criminal action
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against those found positive for illegal drugs; and


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b) Perform other tasks as directed.


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8) HS
a) Conduct mental and physical examination to all concerned PNP
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personnel; and
b) Perform other tasks as directed.
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e) csc
a) The Firearms and Explosives Office (FEO) shall conduct revocation
proceedings of License to Own and Possess Firearms (LTOPF)
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and Firearms Registration through the Firearms and Explosives


Offlce License Revocation and Restoration Board (FLRRB) against
PNP personnel who were arrested during anti-illegal drug
operations and those PNP personnel who voluntarily surrendered
after findings of involvement in illegal drug activities;
b) Conduct restoration proceedings of
LTOPF and Firearms
Registration through the FLRRB in case the concerned PNP
personnel yielded negative involvement in illegal drug activities
upon confirmation by IAS/RIAS;
c) Conduct custody of confiscated privately owned firearms of PNP
personnel who were arrested/surrendered during anti-illegal drug
operations; and
d) Perform other tasks as directed.

https://www.coursehero.com/file/56081095/CPNP-PNP-Memorandum-Circular-No-2016-078-Handling-of-PNP-Personnel-involved-in-Illegal-Drug-Act/
10) RDs, PROs/Dirs, NSUs
a) Allocate funds for the conduct of drug testing/mental and physical
examination;
b) Direct SAO/RSAO of respective concemed offices to take custody
of issued firearms, lD, badge, and other uniform paraphernalia of
concerned personnel;
c) Monitor and facilitate the resolution of administrative cases of all
concerned PNP personnel;
d) Submit monthly report to DPRM for updating and uploading to the
case monitoring system; and
e) Perform other tasks as directed.
d. Coordinating lnstructions:
'l)Heads of offices are advised to submit all the documentary pieces of
evidence to IAS/RIAS and to submit summary of case report to DPRM
(Attn: DLOD) for updating the case monitoring and clearance system;
2) All Non-Uniformed Personnel (NUP) involved in illegal drugs activities
shall be investigated by DIDM or its equivalent office and the result of
the preliminary investigation shall be submitted within 30 days;
3) All PNP personnel reportedly involved in illegal drug activities shall be
subjected to case-build-up by Dl/lG, DIDM/CIDG/AIDG, and IAS;

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4) All PNP personnel who were transferred to another PRO due to their

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alleged involvement in illegal drug activities shall not be assigned in

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sensitive positions;
5) All PNP personnel transfened to another PRO due to their involvement

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in illegal drug activities shall not be deprived of promotion. ln case
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concerned PNP personnel will be promoted to the next higher rank,
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he/she shall render at least two years from the date of promotion at his
present assignment; and
6) Lateral coordination is encouraged to ensure this project's success.
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7.
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PENALTYCLAUSE:
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Any violation of this MC shall be dealt with in accordance with existing


disciplinary policies. The violator's direct supervisor or the field commander shall be
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administratively charged under the doctrine of command responsibility.


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8. RESCISSION:
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All existing PNP directives and other issuances which are contrary to or
inconsistent with the provisions of this MC are hereby rescinded or modified
accordingly.
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9. SEPARABILIW CLAUSE:
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Any portion of this MC inconsistent with the organic law or declared


unconstitutional shall not affect the validity of other provisions.
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10. EFFECTIVITY:
This MC shall take effect after 15 days from filing a copy thereof at the UP
Law Center in consonance with Section 3, Chapter 2, Book Vll of Executive Order 292
othenadse known as the'Revised Administrative Code of 1987,'as amended.

r',
RONA LA ROSA
Police r General
Chief, PN
Dktribution:
Command G.oup
P.staff CPNP rr. 16 so6757,
D-Staff
PROE IIililill]ilillllilil]iltilfl Iilttilltl
NSUs so67571

https://www.coursehero.com/file/56081095/CPNP-PNP-Memorandum-Circular-No-2016-078-Handling-of-PNP-Personnel-involved-in-Illegal-Drug-Act/

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