MANILA, Philippines - The Department of Justice (DOJ) has told the Philippine National Police (PNP) to coordinate all its anti-narcotics operations with the Philippine Drug Enforcement Agencies (PDEA).
In a four-page opinion obtained by The STAR, Justice Secretary Agnes Devanadera said Republic Act 9165 (Comprehensive Dangerous Drugs Act) provided in its implementing rules and regulations (IRR) that the PNP and other law enforcement agencies should inform the PDEA “of their anti-drug operations within 24 hours” from arresting any suspects or seizing illegal drugs, paraphernalia or equipment.
Devanadera also explained that under the same law, the PNP is also required to regularly update the PDEA on the status of cases involving drug operations.
She, however, clarified that this requirement should not prevent the PNP, other law enforcement agencies and the Armed Forces from conducting their own drug-related arrests and seizures as provided in Section 5, Rule 113 of the Rules of Court.
The DOJ issued its legal opinion on the issue upon the request of PNP chief Director General Jesus Verzosa, who questioned PDEA operational guidelines issued on Aug. 9, 2007, which require all operational units of PNP to submit coordination forms and pre-operational reports for PDEA’s approval prior to conducting anti-narcotics operations.
The PNP believes the PDEA guidelines are not consistent with a 2007 Supreme Court ruling that stated that RA 9165 and its IRR are silent on the consequences of failure on the part of law enforcers to transfer drug-related cases to PDEA.
Verzosa said the law only said the PDEA shall be the lead agency in investigations and prosecutions of drug-related cases, but the PNP and other agencies still have authority to conduct similar functions as long as the illegal drug cases would later be transferred to the PDEA.
He said this means that requiring the PNP to submit a pre-operation report for PDEA’s approval is not necessary.
Devanadera, concurrent solicitor general, believes the contrary, but said her opinion was not issued as a review of the SC ruling simply because the DOJ has no revisory or appellate authority over the courts. – Edu Punay