Guidelines in the Implementation of Operation "Private Eye" (Sec. 22 of R.A. No. 9165)

July 18, 2003

DANGEROUS DRUGS BOARD REGULATION NO. 5-03

 

Pursuant to Section 22, Article II of Republic Act No. 9165, the following guidelines are hereby promulgated:

ARTICLE I

Definition of Terms

SECTION 1. Definitions. —

a. Cannabis or commonly known as "Marijuana" or "Indian Hemp" or by its any other name. — embraces every kind, class, genus, or specie of the plant Cannabis Sativa L. including, but not limited to, Cannabis americana, hashish, bhang, guaza, churrus and ganjab, and embraces kind, class and character of marijuana, whether dried or fresh and flowering, flowering or fruiting tops, or any part or portion of the plant and seeds thereof, and all its geographic varieties, whether as a reefer, resin, extract, tincture or in any form whatsoever;

b. Chemical Diversion — the sale, distribution, supply or transport of legitimately imported, in-transit, manufactured or procured controlled precursors and essential chemicals, in diluted, mixtures or in concentrated form, to any person or entity engaged in the manufacture of any dangerous drugs, and shall include packaging, repackaging, labeling, relabeling or concealment of such transaction through fraud, destruction of documents, fraudulent use of permits, misdeclaration, use of front companies or mail fraud;

c. Clandestine Laboratory — any facility used for the illegal manufacture of any dangerous drug and/or controlled precursor and essential chemical;

d. Controlled Precursors and Essential Chemicals — include those chemicals listed in Tables I and II of the 1988 UN Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances as enumerated in the attached annex which is an integral part of the Act;

e. Cultivation or Culture — any act of knowingly planting, growing, raising, or permitting the planting, growing, or raising of any plant which is the source of a dangerous drug;

f. Dangerous Drugs — include those listed in the Schedules annexed to the 1961 Single Convention on Narcotic 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 which is an integral part of the Act;

g. Delivery — any act of knowingly passing a dangerous drug to another, personally or otherwise, and by any means, with or without consideration;

h. Den, Dive or Resort — a place where any dangerous drug and/or controlled precursor and essential chemical is administered, delivered, stored for illegal purposes, distributed, sold or used in any form;

i. Drug Group — organized group of two (2) or more persons forming or joining together with the intention of committing any offense prescribed under R.A. 9165;

j. Financier — any person who pays for, raises or supplies money for, or underwrites any of the illegal activities prescribed under R.A. 9165;

k. Guidelines — refers to the Guidelines implementing Operation "Private Eye";

l. Illegal Trafficking — the illegal cultivation, culture, delivery, administration, dispensation, manufacture, sale, trading, transportation, distribution, importation, exportation and possession of any dangerous drug and/or controlled precursor and essential chemical;

m. Informant — any person who by means of familiarity or close association with criminals is able to supply information about them or their activities to the PDEA;

n. Information Report Form (IRF) — the document submitted by an informant containing facts in an illegal drug activity;

o. Laboratory Equipment — the paraphernalia, apparatus, materials or appliances when used, intended for use or designed for use in the manufacture of any dangerous drug and/or controlled precursor and essential chemical, such as reaction vessel, preparative/purifying equipment, fermentors, separatory funnel, flask, heating mantle, gas generator, or their substitute;

p. Manufacture — the production, preparation, compounding or processing of any dangerous drug and/or controlled precursor and essential chemical, either directly or indirectly or by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis, and shall include any packaging or repackaging of such substances, design or configuration of its form, or labeling or relabeling of its container; except that such terms do not include the preparation, compounding, packaging or labeling of a drug or other substances by a duly authorized practitioner as an incident to his/her administration or dispensation of such drug or substance in the course of his/her professional practice including research, teaching and chemical analysis of dangerous drugs or such substances that are not intended for sale or for any other purpose; acCDSH

q. Methylenedioxymethamphetamine (MDMA) or commonly known as "Ecstasy", or by its any other name. — refers to the drug having such chemical composition, including any of its isomers or derivatives in any form;

r. Methamphetamine Hydrochloride or commonly known as "Shabu", "Ice", "Meth", or by its any other name. — the drug having such chemical composition, including any of its isomers or derivatives in any form;

s. Operation: "Private Eye" — is a citizen-based information collection program of the Dangerous Drugs Board, the Philippine Drug Enforcement Agency and the different non-government organizations engaged in the fight against illegal drugs which aims to counter fear and apathy as hindrances to active participation of the citizenry in reporting drug activities by ensuring anonymity of the informant and giving monetary rewards respectively;

t. Pusher — any person who sells, trades, administers, dispenses, delivers or gives away to another, on any terms whatsoever, or distributes, dispatches in transit or transports dangerous drugs or who acts as a broker in any of such transactions, in violation of the Act;

u. Selling — any act of giving away any dangerous drug and/or controlled precursor and essential chemical whether for money or any other consideration;

v. Trading — transactions involving the illegal trafficking of dangerous drugs and/or controlled precursors and essential chemicals using electronic devices such as, but not limited to, text messages, e-mail, mobile or landlines, two-way radios, internet, instant messengers and chat rooms or acting as a broker in any of such transactions whether for money or any other consideration in violation of the Act;

w. Use. — any act of injecting, intravenously or intramuscularly, of consuming, either by chewing, smoking, sniffing, eating, swallowing, drinking or otherwise introducing into the physiological system of the body, any of the dangerous drugs;

ARTICLE II

Creation of Operation "Private Eye" Reward Committee

SECTION 2. Composition. — The Operation "Private Eye" Reward Committee is hereby created to deliberate on claims for rewards and grant the appropriate monetary rewards. It shall be composed of the Director General, PDEA as chairman; the Deputy Director General for Operations of the PDEA; the Director for Financial Management Service, PDEA; two (2) from the business sector, one (1) from the academe, and one (1) from the religious sector as members. The Dangerous Drugs Board shall appoint men and women of proven integrity and probity from the business, religious and academe sectors as members of the committee. A majority of the members present in a meeting called by the Chairman for the purpose of deliberating and voting on claims for rewards shall constitute a quorum.

SECTION 3. Secretariat. — The Operation "Private Eye" shall be manned by a Secretariat whose members shall be appointed by the Chairman, Operation "Private Eye" from among the personnel of PDEA. It shall assist the Operation: "Private Eye" Reward Committee in the exercise of its powers and functions.

ARTICLE III

Powers, Duties and Functions

SECTION 4. Operation "Private Eye" Reward Committee Shall Have The Following Powers and Functions:

a. Orchestrate an integrated information campaign to encourage the active participation of the citizenry in identifying and reporting drug personalities and their nefarious activities in their respective neighborhoods and communities;

b. Collect information on illegal drug transactions through the Information Report Forms (IRF);

c. Receive, evaluate, process information and direct concerned PDEA and other law enforcement agencies to validate veracity of the report and conduct anti-illegal drug action regarding the referred information;

d. Investigate and determine whether or not an anti-illegal drug operation which resulted in the arrest of suspects and seizure of illegal drugs and laboratory equipment was the product or the result of the information provided by the informant claiming for the reward;

e. Provide rewards to informants who have provided timely and accurate information leading to apprehension, eradication, confiscation, or arrest of suspected drugs, trafficker, source, or dismantling of clandestine laboratories after thorough deliberation and majority vote of the Committee members meeting specifically for the purpose and further provided that there is a quorum. The secretariat may conduct investigations and researches to determine the value of drugs and equipment for purposes of determining the reward due;

f. Raise Binds for Operation "Private Eye;"

g. Grant rewards in special/meritorious cases even if the informant did not satisfy the procedural requirements, provided that the decision of the rewards committee is unanimous; and

h. Operation "Private Eye" Reward Committee shall have the sole and exclusive discretion to grant rewards based on these Guidelines.

SECTION 5. Chairman. — The Chairman of Operation "Private Eye" shall have the following powers, duties and functions:

a. Appoint the members of the Operation "Private Eye" Secretariat coming from the PDEA as prescribed by these Guidelines;

b. Approve and implement the program of action of Operation "Private Eye";

c. Call for a meeting of the Operation: "Private Eye" Reward Committee for the purpose of deliberating on the claims for rewards of informants; and

d. Approve the release of funds for rewards based on the recommendation of the committee and for other activities of Operation "Private Eye".

SECTION 6. Operation: "Private Eye" Secretariat. — The Private Eye Secretariat shall:

a. Prepare the program of action of the project on a yearly basis incorporating therein the targets for the year and expected funding requirement;

b. Receive Information Report Forms, task operating units of the PDEA and other law enforcement agencies, monitor result of operations and submit a report of investigation on the claims for reward to the Operation "Private Eye" Reward Committee for deliberation;

c. Conduct investigation and research in relation to its functions; and

d. Contact and inform the informant/claimant or his representative of the approval/disapproval of the claim and the amount of reward to be given.

ARTICLE IV

Procedures and Requirements

SECTION 7. Requirements and Procedures in Order to Qualify for the Reward. —

To qualify for the reward under Operation "Private Eye", the following requirements must be complied with:

a. The informant is not a member of the Dangerous Drugs Board and its secretariat, Philippine Drug Enforcement Agency, Philippine National Police, Armed Forces of the Philippines, National Bureau of Investigations, Philippine Coast Guard, Bureau of Customs or any government agency exercising enforcement function;

b. The IRF containing the detailed information on illegal drug activity must reach the PDEA before the commencement of the successful anti-illegal drug operation;

c. The PDEA National Office shall direct the PDEA Regional Offices, PDEA Services or other law enforcement units to conduct the anti-illegal drug operation based on the information derived from the IRF;

d. There must be an anti-illegal drug operation that resulted in arrests and/or seizures as enumerated in these Guidelines;

e. The reward shall be given after verification of all information and estimate of the reward are finalized and approved by the Operation "Private Eye" Reward Committee;

f. The reward must be claimed at the PDEA personally by the claimant presenting the original copy of the IRF;

g. Rewards not claimed within one year after the approval of the Rewards Committee are deemed forfeited; and

h. The Operation: "Private Eye" Committee shall have the sole power and responsibility in approving claims for rewards.

SECTION 8. Procedure in Accomplishing the Information Report Form (IRF)

a. The summary of information must be in the handwriting of the informant or in case the informant can not write, by another person with the informant's approval and direction. In the latter case, it is necessary that the thumb-mark be that of the informant;

b. The following questions and information requirements in the IRF must be accomplished as follows:

What: refers to the illegal drug activity being reported, like importation of dangerous drugs, sale, administration, delivery, distribution and transportation, manufacture of dangerous drugs, possession and other prohibited acts provided for in Section II of the Act;

Who: refers to persons and drug groups directly involved in the illegal drug activity, financiers and protectors;

Where: refers to the exact address of the place where the illegal drug activity will happen, is happening or has happened. The street number, barangay, town/city and province must be included;

When: refers to the date and if possible the time that the illegal drug activity will happen, is happening or has happened if there is a possibility that the activity will be repeated. If possible, enough time must be given to PDEA to develop and plan the operation to increase the success rate;

Why: refers to the motive of the person involved in the illegal drug activity or the reasons why the informant believes that an illegal drug activity is taking place;

How: refers to the method used in the illegal drug activity that might help PDEA in its operation. This may include among others, the type of vessels/vehicles used, the method of delivery and other relevant information;

Others: refer to other data that might be helpful to law enforcement agencies in the conduct of the operation; maps, sketches, photographs and other documents can be attached to the IRF;

Progress Report: refers to the intention of the informant to give additional information to PDEA;

Codename: refers to any alias used by the informant for the purpose of identification by the Operation "Private Eye" secretariat. This is used to conceal the identity of the informant following the principle enunciated in this project;

Thumb-mark: refers to the right thumb-mark of the informant which will identify him as the rightful claimant of the reward; and

Information Report Form (IRF) No.: refers to the serial number of the form.

c. The codename and thumb-mark are necessary in filling up the IRF. The absence of those requirements shall be grounds for denial of the claim for reward; DacTEH

SECTION 9. Submission of IRF to PDEA. —

a. The original IRF serves as evidence that the claimant is the informant who reported the illegal drug activity, hence it must be in the possession of the informant at the time that he is claiming for the reward. Only the photocopy of the original shall be mailed or sent to the PDEA;

b.Illegal drug activity may be reported to Operation "Private Eye" secretariat through the following means:

By mail or courier/facsimile to the following addresses:

—PDEA National OfficeOperation: "Private Eye"

—PDEA Regional Offices

SECTION 10. Procedures in Providing Information on Illegal Drug Activity Through E-mail. —

a. Section 8, Article IV of these Guidelines shall be applied to all informants sending information via e-mail in order to qualify for reward;

b. That the informant must accomplish the Operation "Private Eye" Information Report Form (IRF) attached to the PDEA website;

c. The Private Eye Secretariat will send a confirmation via e-mail to the informant that the information has been received and a password will be provided;

d. The informant must remember the password provided by the Operation "Private Eye" Secretariat for confirmation when claiming the reward, provided that the information sent resulted in a successful operation.

e. That the PDEA shall maintain a high level of the security in safeguarding the system and the information contained in the website.

ARTICLE V

Reward Schedule

SECTION 11. Reward Schedule. — Unless otherwise revised by the Dangerous Drugs Board, the reward schedule shall be as follows:

a. Confiscation or Recovery of Shabu, Cocaine, Heroin

Less than 200 gms	Minimum of P1,000 + P100/gm in excess of 1 gm
200 gms to less than 500 gms	P20,000 + P80/gm in excess of 200 gms
500 gms to less than 1 kg	P44,000 + P60/gm in excess of 500 gms
1.0 kg to less than 2 kgs	P74,000 + P50/gm in excess of 1 kgm
2.0 kgs to less than 5 kgs	P124,000 + P40/gm in excess of 2,000 gms
5.0 kgs to less than 10 kgs	P244,000 + P30/gm in excess of 5 kgs
10 kgs to less than 20 kgs	P394,000 + P20/gm in excess of 10 kgs
20 kgs to less than 50 kgs	P594,000 + P10/gm in excess of 20 kgs
50 kgs to less than 100kgs	P894,000 + P5/gm in excess of 50 kgs
100 kgs to less than 200 kgs	P1.144 million + P2,500/kg in excess of 100 kgs
200 kgs or more	P1.395 million + P1,500/kg in excess of 200 kgs

In the event that Ephedrine or Pseudoephedrine is confiscated, the reward shall be computed at 80% of the reward schedule as provided above.

An additional of 20% of the total reward shall be given to the informant if drug pusher/trafficker is arrested in the operation. The purity of the confiscated drugs shall be considered in the computation of the reward following the formula: computed reward multiplied by percentage purity of the confiscated illegal drugs as certified by government forensic laboratories.

b. Confiscation/Recovery of Ecstasy Tablets (MDMA) and other Designer Drugs

13 to 266 tablets	P100/tablet
267 to 666 tablets	P20,000 + P80/tablet in excess of 266 tablets
667 to 1,333 tablets	P44,000 + P60/tablet in excess of 666 tablets
1,334 to 2,666 tablets	P74,000 + P50/tablet in excess of 1,333 tablets
2,667 to 6,666 tablets	P124,000 + P40/tablet in excess of 2,666 tablets
26,667 to 66,666 tablets	P594,000 + P10/tablet in excess of 26,666 tablets
66,667 to 133,333 tablets	P894,000 + P5/tablet in excess of 66,666 tablets
133,334 to 266,666 tablets	P1.144 million + P2,500/1,334 tablets in excess of 133,334 tablets
266,667 to 666,666 tablets	P1.395 million + P1,500/1,334 tablets in excess  of 266,667 tablets

An additional of 20% of the total reward shall be given to the informant if the drug pusher/trafficker is arrested during the operation. The purity of the confiscated drugs shall be considered in the computation of the reward following the formula: computed reward multiplied by percentage purity of the confiscated illegal drugs as certified by government forensic laboratories.

c. Confiscation or Recovery of Other Diverted Precursors. Ten percent (10%) of the current local market value as determined by the board shall be given as reward when N-Acetylanthranillic Acid, Ergometrine, Isosafrole, Lysergic Acid, 3.4-methelenedioxyphenyl-2-propanone, 1-phenyl-2 propanone, Piperonal and Safrole are confiscated. Five percent (5%) of the current local market value of essential chemicals shall be given as reward when Acetone, Acetic anhydride, Anthranillic Acid, Ether Acid, Ethyl Ether, Hydrochloric acid, Methyl ethyl ketone, Phenylacetic acid, Piperidine, Potassium permanganate, Sulfuric acid, and toluene is confiscated. Furthermore, the purity of the confiscated precursors and essential chemicals shall be considered in the computation of the reward following the formula: computed reward multiplied by percentage purity of the confiscated precursors and essential chemicals as certified by government forensic laboratories.

d. Confiscation or Recovery of Marijuana, Hashish, Seeds

Two percent (2%) of the DDB value of the confiscated/destroyed crops and its derivatives up to a maximum of P500,000.00 shall be given to informants who gave information provided that the cultivator/planter is arrested.

e. Dismantling of Clandestine Laboratories.

For purposes of the Operation "Private Eye" Reward System, dismantled clandestine laboratories for shabu shall be classified and be given the following reward:

1. Small Clandestine Laboratory (Production Capacity is less than 10 kilos/batch)

—  Reward of P500,000.00 + computed reward under Section 11, paragraph a, b and c of the Guidelines.

2. Medium Clandestine Laboratory (Production capacity of 10 kilos or more but less than 50 kilos/batch)

—  Reward of P1,000,000.00 + computed reward under Section 11, paragraph a, b and c of the Guidelines.

3. Large Clandestine Laboratory (Production capacity of 50 Kilos or more/batch).

—  Reward of P1.5 Million + computed reward under Section 11, paragraph a, b and c of the Guidelines.

ARTICLE VI

Miscellaneous Provisions

SECTION 12. Funding. — Funds needed for the reward shall be derived from yearly appropriation provided by Congress to the DDB and the PDEA and from funds raised by the Operation "Private Eye" Rewards Committee and other non-government organizations.

SECTION 13. Pending Claims for Reward. — All claims for rewards pending with the Dangerous Drugs Board and the former National Drug Law Enforcement and Prevention Coordination Center shall be turned over to the PDEA Operation: "Private Eye" Committee for its proper disposition.

SECTION 14. Separability Clause. — If any provision of these Guidelines or the application thereof to any person or circumstance is held to be invalid, the other provisions of these Guidelines and the application of such provision to other persons or circumstances shall not be affected thereby.

SECTION 15. Effectivity. — These Guidelines shall take effect immediately after its approval by the Dangerous Drugs Board.

APPROVED this 18th day of July, 2003 at Camp Crame, Quezon City.

 

(SGD.) JAIME M. VIBAR	(SGD.) MIGUEL A. PEREZ-RUBIO
(Representing the President,	(President, Katotohanan Foundation)
Integrated Bar of the Philippines)	Regular Member-NGOs
Regular Member
(SGD.) EDGAR C. GALVANTE	(SGD.) ANTONIO S. LOPEZ
(Undersecretary)	(Representing the Secretary of Health)
Regular Member	Ex-Officio Member
ANTONIO C. SANTOS	JOSE ISIDRO N. CAMACHO
(Representing the Secretary of National Defense)	(Secretary of Finance)
Ex-Officio Member	Ex-Officio Member
PATRICIA STO. TOMAS	(SGD.) LOURDES G. BALANON
(Secretary, Department of Labor and	(Representing the Secretary of
Employment)	Social Welfare and Development)
Ex-Officio Member)	Ex-Officio Member
(SGD.) FRANKLIN M. EBDALIN	(SGD.) RAMON C. BACANI
Undersecretary, Representing the	(Undersecretary, Representing the
Department of Foreign Affairs)	Secretary of Education)
Ex-Officio Member	Ex-Officio Member
(SGD.) ISABEL F. INLAYO	(SGD.) ANSELMO S. AVENIDO, JR.
(Director, Representing the Chair,	(Director-General, Philippine
Commission on Higher Education)	Drug Enforcement Agency)
Ex-Officio Member	Ex-Officio Member)

 

(SGD.) ATTY. BERNARDO T. LASTIMOSO(Undersecretary, Dangerous Drugs Board

(SGD.) AGNES VST DEVANADERA(Undersecretary, Representing the Department

(SGD.) PAOLO BENIGNO A. AQUINO IV(Chairperson, National

(SGD.) MA. MERCEDITAS N. GUTIERREZ(Undersecretary, Representing the

(SGD.) JOSE D. LINA, JR.(Secretary, Department of the Interior and Local Government

Attested:

(SGD.) EFREN Q. FERNANDEZUndersecretaryExecutive Director, Dangerous Drugs Board