DOJ Opinion No. 154, s. 1994

DOJ OPINION NO. 154 , s. 1994 October 26, 1994 Secretary Rafael M. Alunan III Department of the Interior and Local Government EDSA Corner Reliance Street Mandaluyong City, Metro Manila Sir : This refers to the letter of P/chief Supt. Ramsey L. Ocampo of the Philippine National Police Narcotics Command (PNP-NARCOM) regarding the proposed Letter of Agreement on the donation of the United States Government to the Philippine Government, represented by the PNP-NARCOM, $50,000 worth of radio equipment and computer accessories. Specifically, you are seeking, "advice" on whether terms of the proposed agreement are acceptable or not to the Philippine Government. It appears that the two governments have jointly agreed to establish and support a project designed to eliminate the illicit trafficking of narcotics within and through the Philippines; that to accomplish this goal, both Governments have agreed therein to provide such resources and to undertake such actions as are specified in the agreement to the extent authorized by their respective legislative processes, in order to establish and/or improve capabilities or existing Philippine narcotics law enforcement agencies and the authorities under which they function; and that the actions to be taken include equipping and training of the qualified personnel for narcotics law enforcement law enforcement duties. We note that the provision of equipment and the training of personnel are only two of the components of the Project. Under the heading "Projects Goal and Achievement Verification", the successful setting up of the equipment and the appropriate training of narcotics officers is the "first" or initial measurement of progress in the achievement of the project goal. The next phase will be measured by the effectiveness of our law enforcement officers in term of arrests and convictions of violators and on the quantity of narcotics contraband seized and destroyed. The methods of measurement provided for the verification of project achievement in the later phase go beyond looking at official Philippine records of arrests and convictions of violators and the seizures and destruction of narcotics contraband but also cover "operational liaison and observation by cooperating personnel of the two Governments. In part 4 of the "Standard Provisions", in addition to the evaluation of examination of the property to determine if it is properly used and the inspection and audit of the record of accounts with respect to fund, properties and contract services, the Parties also agree to a joint and annual monitoring of the progress of the program and monitoring at regular intervals during the life of the program. Further, each party will assign fully qualified personnel to participate in the monitoring and evaluation process. You are advised to seek clarification of the terms "operational liaison and observation" and "monitoring' which USG officers appear to be allowed to do in relation to the actual performance or exercise of the duties and responsibilities of our law enforcement officers, as a "method" of accomplishment verification, after the equipping and training of our law enforcement officers shall have been completed. With respect to the title to the project equipment, the same should be placed in the same of the Republic, specifically, "Republic of the Philippines (Narcotics Command, Philippine National Police)" since the PNP has no separate juridical personality. Finally, you may consult with the Department of Finance regarding the tax exemptions provisions of the Letter of Agreement. Very truly yours, (SGD.) FRANKLIN M. DRILON Secretary