CHAPTER 5

OTHER LAW ENFORCEMENT OPERATION:

NBI, PDEA, AND LTO

LEA 102
 OTHER LAW ENFORCEMENT OPERATION:
CHAPTER 5 NBI, PDEA, AND LTO

Learning Objectives:
At the end of this chapter, the students will be able to:
1. Define National Bureau of Investigation (NBI);
2. Enumerate some of the powers and functions of NBI;
3. Enumerate the Jurisdiction of NBI;
4. Define Philippine Drug Enforcement Agency (PDEA);
5. Enumerate some of the Powers and Functions of PDEA;
6. Enumerate and explain the Enforcement Operation of
PDEA;
 OTHER LAW ENFORCEMENT OPERATION:
CHAPTER 5 NBI, PDEA, AND LTO

Learning Objectives:
At the end of this chapter, the students will be able to:
7. Define Land Transportation Office (LTO);
8. Enumerate some of the Powers and Functions of LTO;
9. Enumerate and explain the kinds of Traffic Law
Enforcement Action;
10. Explain the guidelines on confiscation of Driver's
license; and
11. Explain the guidelines on impounding motor vehicles.
National Bureau of Investigation
National Bureau of Investigation
National Bureau of Investigation (NBI) is an attached agency under
the Department of Justice (DOJ) that is primarily tasked to investigate
crimes and other offenses against the laws of the Philippines (FOI, n.d.). It
undertakes the efficient detection and investigation of crimes and other
offenses against Philippine laws. It coordinates with other national and
local police agencies in the maintenance of peace and order. It also acts
as a national clearing house of criminal and other information for the use
of all prosecuting and law enforcement entities of the Philippines (Official
Gazette, n.d.).
National Bureau of Investigation
The present organizational structure of the NBI is
reorganized into the Office of the Director, Office of the Deputy
Director for Administration, Office of the Deputy Director for
Operations, Offices of the Assistant Directors for Investigation
Service, Intelligence Service, Comptroller Service, Human
Resource and Management Service, Forensic and Scientific
Research Service, Legal Service, and Information and
Communications Technology Service.
National Bureau of Investigation
Each service shall be composed of the necessary
divisions and sections. The NBI has Regional Offices in
every region to be headed by a Regional Director and
District Offices in every province to be headed by a Head
Agent. Field Offices may also be established and
maintained by the Director as the need arises (RA. 10867,
2016, Section 3).
Powers and Function of NBI
According to the National Bureau of Investigation Reorganization
and Modernization Act (2016), the NBI has the following powers and
functions:
Undertake investigation and detection of crimes and offenses
enumerated under Section 5 of RA 10867);
Issue subpoena for the appearance of any person for
investigation or production of documents, through its officers
from the ranks of Regional Director to Director;
Powers and Function of NBI
Act as a national clearing house of criminal records and other related
information for the benefit of the government;
Render technical assistance to government agencies and
instrumentalities, when so requested;
Extend assistance in cases involving extradition and mutual legal
assistance, when requested by the Department of Justice;
Establish an NBI Academy which shall be responsible for the
recruitment, training, and development of all NBI agents and
personnel, among others;
Powers and Function of NBI
Establish and maintain a Forensic and Scientific Research Center
which shall serve as the primary center for forensic and scientific
research in furtherance of scientific knowledge in criminal
investigation, detection, evidence collection and preservation, and
provide the necessary training therefor;
Establish and maintain a Cyber Investigation and Assessment Center
which shall serve as the nerve center for computer information
technologies, data on cybercrime cases, computer intrusion, threats,
and other related crimes or activities;
Powers and Function of NBI
Establish and maintain an integrated, comprehensive, and state-of-the-art
network of equipment and facilities to be used by the NBI in its criminal
investigation, detection, and evidence gathering, and to provide the
corresponding training in this regard;
Request the assistance of the Philippine National Police (PNP), Armed Forces
of the Philippines, or any other agency of the government, including
government-owned and/ or -controlled corporations, in its anti-crime drive.
Such assistance may include the use of the agency's personnel and
facilities upon prior approval by the head of the agency concerned;
Powers and Function of NBI
Conduct intelligence operations in furtherance of the
foregoing powers and functions;
Enter into any contract or transaction for the
acquisition, ownership, possession, administration,
lease, disposition or acceptance of real or personal
property in its name, subject to the approval of the
Secretary of Justice;
Powers and Function of NBI
Establish a modern NBI Clearance and Identification Center
containing all derogatory and criminal records and civilian
identification records, including their identifying marks
and characteristics and fingerprint database, as well as
dental records pursuant to Presidential Decree No. 1575,
entitled "Requiring Practitioners of Dentistry to Keep
Records of Their Patients";
Powers and Function of NBI
Maintain, for purposes of investigative and forensic
requirements of the NBI, relevant database such as ballistic
records of firearms including, but not limited to, data
ownership, possession, and other related identifying
circumstances; and Deoxyribonucleic Acid (DNA) databank; and
Perform such other functions as the President or the Secretary
of Justice may assign.
Powers and Function of NBI
The agents of NBI have the following powers and functions
(RA 10867, 2016, Section 9):
Undertake investigations pursuant to the mandate of the NBI;
Conduct searches, arrests, and seizures in accordance with
existing laws, rules and regulations;
Take and require sworn statements of any person or persons so
summoned in relation to cases under investigation;
Administer oaths in cases under investigation; and
Powers and Function of NBI
The agents of NBI have the following powers and functions (RA
10867, 2016, Section 9):
Undertake investigations pursuant to the mandate of the NBI;
Conduct searches, arrests, and seizures in accordance with existing
laws, rules and regulations;
Take and require sworn statements of any person or persons so
summoned in relation to cases under investigation;
Administer oaths in cases under investigation; and
Such other functions may be assigned by the NBI Director.
Jurisdiction of NBI
The NBI has the primary jurisdiction to undertake investigations
in the following cases (RA 10867, 2016, Section 5):
Human Trafficking cases in all airports in the Philippines;
Extrajudicial/Extralegal killings committed by the state's
security forces against media practitioners and activists;
Killings of justices and judges;
Violation of Republic Act No. 10175, otherwise known as the
"Cybercrime Prevention Act";
Jurisdiction of NBI
Cases referred by the Inter-Agency Anti-Graft
Coordinating Council (IAGCC);
Violations of the Anti-Dummy Law;
Cases involving threats to security or assaults against
the persons of the President, Vice President, Senate
President, Speaker of the House of Representatives, and
Chief Justice of the Supreme Court;
Jurisdiction of NBI

Transnational crimes pursuant to existing

international agreements;
Identification of the dead/victims in case of
mass fatality incidents caused by natural
disasters; and
Jurisdiction of NBI
Violations of commercial, economic, and financial or white-collar
crimes such as, but not limited to, those punishable under Republic Act
No. 8792, otherwise known as "E-Commerce Act of 2000"; Republic Act
No. 8484, otherwise known as "Access Devices Regulations Act of
1998"; Republic Act No. 8293, otherwise known as "Intellectual Property
Code of the Philippines"; Republic Act No. 8799, otherwise known as
"Securities Regulation Code"; Presidential Decree No. 1689, otherwise
known as "Decree Increasing the Penalty for Certain Forms of Estafa",
and other similar penal statutes that may be enacted by Congress.
Philippine Drug Enforcement Agency
Philippine Drug Enforcement Agency

The Philippine Drug Enforcement Agency (PDEA)

was created by virtue of Republic Act 9165, otherwise known
as The Comprehensive Dangerous Drugs Act of 2002. It's a
regular law enforcement agency responsible for the
efficient and effective law enforcement against any
dangerous drug and/or controlled precursor and essential
chemicals (PDEA, 2011).
PDEA's Core Values
The core values of PDEA are the following (PDEA, 2011):

HONOR
They are committed to pursue the highest
degree of integrity by conducting themselves
in a manner that would earn the respect, trust
and confidence of the people.
COMMITMENT
They are dedicated to undertake prevention,
control and elimination of dangerous drugs
over and above personal interest and take full
accountability and responsibility for all their
actions.
RESPECT FOR HUMAN DIGNITY
Their utmost concern is respect for human
dignity. In the fulfillment of their duties, they
uphold human rights, treating each person
with respect, justice and fairness.
EXCELLENCE AND COMPETENCE
They strive to attain the highest standard
in the quality of our work through continuous
training and education in order to meet the
expectations and ultimately gain the active
support of the community.
Powers and Function of PDEA
As the lead agency in the fight against illegal
drugs, the law confers PDEA with the following
functions to attain its mission:
Implement or cause the efficient and effective
implementation of the national drug control strategy
formulated by the Dangerous Drug Board thereby
carrying out a national drug campaign program which
shall include drug law enforcement, control and
prevention campaign with the assistance of concerned
government agencies;
Undertake the enforcement of the provisions of Article II of the
Comprehensive Dangerous Drugs Act of 2002 relative to the
unlawful acts and penalties involving any dangerous drug and/or
controlled precursor and essential chemical and investigate all
violators and other matters involved in the commission of any
crime relative to the use, abuse or trafficking of any dangerous
drug and/or controlled precursor and essential chemical as
provided for in the Comprehensive Dangerous Drugs Act of 2002
and the provisions of Presidential Decree No. 1619;
Administer oath, issue subpoena and subpoena duces
tecum relative to the conduct of investigation involving the
violations of the RA 9165;
Arrest and apprehend as well as search all violators and
seize or confiscate, the effects or proceeds of the crimes
as provided by law and take custody thereof, for this
purpose the prosecutors and enforcement agents are
authorized to possess firearms, in accordance with existing
laws;
Take charge and have custody of all dangerous drugs and/
or controlled precursors and essential chemicals seized,
confiscated or surrendered to any national, provincial or
local law enforcement agency, if no longer needed for
purposes of evidence in court;
Establish forensic laboratories in each PNP office in every
province and city in order to facilitate action on seize or
confiscated drugs, thereby hastening its destruction
without delay;
Recommend to the DOJ the forfeiture of
properties and other assets of persons and/or
corporations found to be violating the provisions
of this Act and in accordance with the pertinent
provisions of the Anti-Money-Laundering Act of
2001;
Prepare for prosecution or cause the filing of appropriate
criminal and civil cases for violation of all laws on
dangerous drugs, controlled precursors and essential
chemicals, and other similar controlled substances, and
assist, support and coordinate with other government
agencies for the proper and effective prosecution of the
same;
Monitor and if warranted by circumstances, in coordination
with the Philippine Postal Office and the Bureau of Customs,
inspect all air cargo packages, parcels and mails in the
central post office, which appear from the package and
address itself to be a possible importation of dangerous
drugs and/or controlled precursors and essential
chemicals, through on- line or cyber shops via the internet
or cyberspace;
Conduct eradication programs to destroy wild
or illegal growth of plants from which
dangerous drugs may be extracted;
Initiate and undertake the formation of a nationwide
organization which shall coordinate and supervise all
activities against drug abuse in every province, city,
municipality and barangay with the active and direct
participation of all such local government units and
nongovernmental organizations, including the citizenry,
subject to the provisions of previously formulated programs
of action against dangerous drugs;
Establish and maintain a national drug
intelligence system in cooperation with law
enforcement agencies, other government
agencies/offices and local government units
that will assist in its apprehension of big-time
drug lords;
Establish and maintain close coordination,
cooperation and linkages with international drug
control and administration agencies and
organizations, and implement the applicable
provisions of international conventions and
agreements related to dangerous drugs to which the
Philippines is a signatory;
Create and maintain an efficient special enforcement
unit to conduct an investigation, file charges and
transmit evidence to the proper court, wherein
members of the said unit shall possess suitable and
adequate firearms for their protection in connection
with the performance of their duties: Provided, That no
previous special permit for such possession shall be
required;
Require all government and private hospitals,
clinics, doctors, dentists and other practitioners
to submit a report to it, in coordination with the
Board, about all dangerous drugs and/or
controlled precursors and essential chemicals
which they have attended to for data and
information purposes;
Coordinate with the Board for the
facilitation of the issuance of
necessary guidelines, rules and
regulations for the proper
implementation of the RA 9165;
Initiate and undertake a national campaign for drug
prevention and drug control programs, where it may enlist the
assistance of any department, bureau, office, agency or
instrumentality of the government, including government-
owned and or -controlled corporations, in the anti-illegal
drugs drive, which may include the use of their respective
personnel, facilities, and resources for a more resolute
detection and investigation of drug-related crimes and
prosecution of the drug traffickers; and
Submit annual and periodic reports to the Board as
may be required from time to time, and perform
such other functions as may be authorized or
required under existing laws and as directed by the
President himself/herself or as recommended by
the congressional committees concerned.
Enforcement Operation of PDEA
According to the Implementing Rules and Regulation (IRR)
of Section 21 of RA 9165 as Amended by RA 10640, The PDEA takes
charge and have custody of all dangerous drugs, plant sources of
dangerous drugs, controlled precursors and essential chemicals,
as well as instruments/ paraphernalia and/or laboratory
equipment so confiscated, seized and/ or surrendered, for proper
disposition in the following manner (IRR, 2015):
1. Chain of Custody: Marking, Inventory and
Photograph
a. The apprehending or seizing officer having initial custody
and control of the seized or confiscated dangerous drugs, plant
sources of dangerous drugs, controlled precursors and essential
chemicals, instruments/ paraphernalia and/or laboratory
equipment shall, immediately after seizure and confiscation,
mark, inventory and photograph the same in the following
manner (IRR. 2015. Section 1. A.1):
The marking, physical inventory and
photograph of the seized/ confiscated items
shall be conducted where the search warrant is
served.
The marking is the placing by the apprehending
officer or the poseur-buyer of his/her initials
and signature on the item/s seized.
In warrantless seizures, the marking of the
seized items in the presence of the violator
shall be done immediately at the place where
the drugs were seized or at the nearest police
station or nearest office of the apprehending
officer/team, whichever is practicable.
In cases when the execution of search warrant
is preceded by warrantless seizures, the
marking, inventory and photograph of the
items recovered from the search warrant shall
be performed separately from the marking,
inventory and photograph of the items seized
from warrantless seizures.
2. Laboratory Examination, Custody and Report
a. Within twenty-four (24) hours upon confiscation/ seizure
of dangerous drugs, plant sources of dangerous drugs,
controlled precursors and essential chemicals, as well as
instruments/paraphernalia and/ or laboratory equipment, the
same shall be submitted to PDEA Forensic Laboratory for a
qualitative and quantitative examination, subject as provided
further below (IRR, 2015, Section 1. B.1):
In support of the PDEA, the forensic or crime
laboratories of the Philippine National Police (PNP)
and the National Bureau of Investigation (NBI) shall
conduct qualitative and quantitative examination
of the seized/confiscated or surrendered items
submitted by the anti- illegal drug operating
units/task forces, or apprehending officer/team.
Where the violations of RA No. 9165 require
laboratory examination of the
seized/confiscated items, the positive result
of the qualitative examination rendered by
the forensic chemist shall serve to support
the criminal charge/s.
Quantitative examination may be done
upon request by the apprehending team or
upon issuance of court order when the
determination of purity of the seized/
confiscated dangerous drugs is required by
law.
 b. A certification or chemistry report of the forensic
laboratory examination results, which shall be done by
the forensic examiner, shall be issued immediately
upon the receipt of the subject item/s within the
reglementary period that would enable the
apprehending officer/team to file the criminal
charge/s with the prosecutor's office against the
violator/s as prescribed by law.
 c. In any case, the chain of custody of the seized/
confiscated items received from the apprehending
officer/team, and examined in the forensic or crime
laboratory shall be observed, where it shall document the
chain of custody each time a specimen is handled,
transferred or presented in court until its disposal, and
every individual in the chain of custody shall be identified
following the laboratory control and chain of custody form.
3. Filing of Complaint and Destruction of
Confiscated or Seized Items

a. In cases of seizure or confiscation

where a criminal case is filed, the following
shall be performed (IRR 2015, Section 1. C.1):
Appropriate criminal charges must be
filed in the prosecutor's office against
the arrested violator/s within the
reglementary period provided by law.
When the seizure is executed by virtue of
search warrant, the return must be filed with
the Court which issued the search warrant
with the request to take custody of the
seized/confiscated items if the criminal case
has been filed with the prosecutor's office.
 b. After filing the criminal charges with the prosecutor's
office, the apprehending officer/team or PDEA shall file urgent
motion for the immediate destruction of the seized/confiscated
or surrendered dangerous drugs, plant sources of dangerous
drugs, controlled precursors and essential chemicals,
instruments/ paraphernalia and/or laboratory equipment, with
prayer for ocular inspection within seventy-two (72) hours, with
the Regional Trial Court (RTC) of the city or province where the
confiscation/ seizure and/or surrender took place,
with prior written conformity of the Provincial or City
Prosecutor of the province or city, as the case may be,
where the confiscation/ seizure and/or surrender took
place or the Prosecutor General or his duly authorized
representative which shall be indicated in the pleading.
The urgent motion for destruction shall be heard and
resolved within five (5) days upon actual receipt of its
filing;
 c. Upon receipt of the order of destruction, PDEA shall
proceed with the destruction or burning of the subject
drug evidence/items within twenty-four (24) hours, or as
far as practicable, in the presence of the prescribed
witnesses.
d. The apprehending officer/team or PDEA shall preserve
all the seized items as evidence in court until the court
terminates the case
 e. Dangerous drugs and controlled precursors and
essential chemicals shall be disposed off by means in the
following methods (IRR, 2015, Section 1. C.3):
Thermal destruction method in accordance with applicable
environmental laws. The PDEA may engage the professional
services of third parties with thermal facilities covered by
valid and subsisting permits and clearances issued by
appropriate government agencies; or
Other lawful appropriate methods may be
authorized by the Board, in consultation with the
DENR.
Marijuana and plant sources of dangerous drugs
shall be destroyed by burning on the site of
eradication activity and in open fields. Thereafter,
the burnt marijuana plants shall be buried
underground.
4. Participation of the Offender in the
Proceedings

a. The alleged offender or his/her

representative or counsel shall be allowed to
personally observe all of the above proceedings
and his/her presence shall not constitute an
admission of guilt (IRR, 2015, Section 1. D.1).
 b. In case the said offender or accused refuses
or fails to appoint a representative after due
notice in writing to him/her or his/her counsel
within seventy-two (72) hours before the actual
burning or destruction of the evidence in
question (IRR, 2015, Section 1. D.2).
5. Lead Agency over the Custody and
Destruction of Drug Items
a. The PDEA shall proceed with the destruction of drug
evidence/representative samples presented as evidence in
criminal cases before the courts, if the judgment in the
criminal case shall include a disposition directing to turn-over
to PDEA the said drug evidence/representatives samples. The
court shall furnish a copy of the judgment to the PDEA (IRR,
2015, Section 1. E.1).
Land Transportation Office
Land Transportation Office
The Land Transportation Office (LTO) is the apex agency of the
Philippine government tasked to ensure road safety through the
inspection and registration of roadworthy motor vehicles, issuance of
license cards/permits to qualified drivers, strict yet fair enforcement
of traffic laws, rules and regulations, and just adjudication of traffic
cases (FOI, n.d.). It is a sectoral agency of the Department of
Transportation (DOTr) by virtue of Executive Order (E.O) No. 125 and
125A dated 13 April 1987 and E.O No. 226 dated 25 July 1987 (LTO, n.d.)
Powers and Function of LTO
The following are the mandate and functions of LTO (LTO, n.d.):
Inspection and Registration of Motor Vehicles
Issuance of Licenses and Permits
Enforcement of Land Transportation Rules and Regulations
Adjudication of Traffic Cases
Collection of Revenues for the Government
Enforcement Operation of LTO
There are three types of Law enforcement in the LTO,
namely (LTO, n.d.):
1. Persuasive- It involves information and education
campaigns.
2. Preventive- Deployment of traffic enforcers on the road.
3. Punitive- the actual enforcement of the traffic laws.
Kinds of Traffic Law Enforcement Action
Here the different traffic law enforcement actions that
may be performed by the traffic enforcers (PNP, 2014, pp.
97-98):
1.Traffic Arrest - It is an enforcement action which consists
of taking a person into custody for the purpose of holding
or detaining him to answer a charge of law violation before
a court. Arrest is made when:
a. The offense committed is serious;
b. There is a necessity to avoid continued
violation; and
c. There is a reasonable doubt that the
violator will not appear in court.
 2. Traffic Citation - It is made of having violators appear in court
without physical arrest. The issuance of a citation is the most
common enforcement action by the police. This is an efficient system
since majority of violations with minor offenses are punish promptly
by paying their fine at an administrative body with court appearance
or any traffic enforcement action contemplates trial adjudication or
disposition to determine the guilt or innocence of a person charged
for a violation when the individual record of which is kept by the
police or some other official agency for future reference.
 3. Traffic Warning - It is an enforcement action which does
not contemplate possible assessment of penalty by the court or
otherwise as a result of warning alone.
a. Visual Warning-It is usually used when you have observed a
minor violation but are importantly occupied at a moment. You
indicate by gesture of the hand, and of the head, or a toot of the
horn that you are aware of the violation. Such action reminds
the violators that violation has been committed and that the
police are observant.
 b. Verbal Warning - It is a form of safety education.
You tell the violator that a law has been violated
and explains the hazards of such action. They are
frequently used when there is a new enforcement
program going into effect and the preliminary
phase calls for a period of public education.
 c. Written Warning - It is a combination of verbal
warning and citation. They gave the spirit of verbal
warning and the form of citation because it is written
and resembles a citation. The written warning has a
more noticeable deterrent effect than verbal warning.
There is no immediate penalty attached and it allows the
violator an opportunity to profit by the error putting an
emphasis on education rather than on discipline.
Confiscation of Driver's License
Only LTO Deputized Traffic Enforcers are allowed to confiscate
driver's license (Joint Memorandum Circular no. 1, 2008, Section
3.4A). Temporary Operator's Permit (TOP), is issued by LTO
Deputized Traffic Enforcers for traffic and administrative (non-
moving) violations (Memorandum Circular No. 515-2004) It is
strictly required to be issued to the apprehended driver/operator
at the site and time of apprehension. This will serve as:
Receipt for Driver's license confiscated;
Notice and summon;
Temporary driver's license for 72 hours only;
5 days to contest, 15 days to settle,
otherwise, 30 days suspension of driver's
license will be met.
Impounding of Motor Vehicle
Impounding meaning to take into temporary protective legal custody
of vehicles for a fee. LTO can perform the actual impounding of the
motor vehicle or a Technical Impounding, which is confiscation of both
the driver's license and the two (2) motor vehicle license plates at the
time of apprehension instead of impounding the motor vehicle (LTO,
n.d.). An Impounding Receipt of Motor Vehicle (IRMV) is issued if the
motor vehicle was impounded. IRMV is accomplished by the
apprehending officer and validated by the Motor Vehicle Custodian
(MVC) assigned at the impounding area (LTO, n.d.).
Impounding of Motor Vehicle
The motor vehicle may be released after the payment
of the corresponding fines/penalties provided that there
are no accessory penalty/s and/or suspension
stipulated in the Resolution and/or Judgment.
Additionally, the confiscated item/s such as the license
plate shall only be released after serving the required
suspension.
Grounds for Vehicle Impoundment
The following violations shall cause the impounding of
a motor vehicle by the LTO (MC 89-105, Section 73):
Unregistered/Improperly registered/delinquent or
invalid registration
Unregistered substitute or replacement motor,
vehicle engine, engine block or chassis
Unauthorized change of color or configuration
Operating, allowing the operation of a motor
vehicle with a suspended or revoked Certificate of
Registration
Using license plates different from the body
number
Illegal Transfer of plates, tags, or stickers
Violations involving absence of required
parts, accessories or devices or
defective parts, accessories or devices
which pose danger to the public
Authorized route not properly painted
Unauthorized/improvised number plates
Failure to paint on vehicle business or trade name
Failure to paint required markings
No body number for Public Utility Vehicle (PUV)
Using radio or stereo in violation of existing
regulation or without the necessary permit, or in
breach of the condition in permit regulation.
Installation of jalousies, curtains, dim colored
lights, strobe lights, dancing lights or similar lights,
colored tinted or painted windshield on window
glass on "for hire" vehicles
Driving without a license plate
Fake drivers license/Ordinance Violation Receipt
(OVR)
Fake sticker
Fake license plate
Fake Official Receipt and Certificate of Registration
Tampered documents pertaining to franchising,
registration and licensing
Failure to present any document regarding motor
vehicle ATTA
Breach of Franchise Conditions
Improper use of drivers license
Expired drivers license
Expired Traffic Violation Receipt