Revised Guidelines in the Conduct of Barangay Drug-Clearing Operations

June 6, 2007

DDB BOARD REGULATION NO. 02-07

PROVIDING FOR REVISED GUIDELINES IN THE CONDUCT OF BARANGAY DRUG-CLEARING OPERATIONS

WHEREAS, to accelerate the drive against illegal drugs in our communities and to promote participation of local institutions in the suppression of drug trafficking and abuse, Anti-Drug Abuse Councils were created in the province, city, municipality and barangay.

WHEREAS, Dangerous Drugs Board Resolution No. 12, Series of 2004, which provides for guidelines on clearing of drug-affected barangays, was issued empowering the Barangay Anti-Drug Abuse Councils (BADAC) to implement government strategic policies on drug prevention and control given the political and police powers of the barangay to administer the affairs of the community;

WHEREAS, there are shortcomings in the implementation of the barangay drug-clearing operations due to the dynamics of the drug problem, confused roles and responsibilities of the agencies involved, inadequate resources, and lack of management commitment; aDSHCc

WHEREAS, in order to make the clearing of drug-affected barangays more effective, there is need to craft a more practical set of guidelines, considering the number of agencies involved and the complexity of said operations;

WHEREFORE, be it RESOLVED, as it is hereby RESOLVED, to prescribe the following Revised Guidelines in the Conduct of Barangay Drug-Clearing Operations:

SECTION 1. Conduct of Barangay Drug-Clearing Operations. — The clearing of drug-affected barangays shall be conducted in three (3) phases, namely: (a) Pre-Operation Phase; (b) Operation Phase; and (c) Post-Operation Phase. [See attached Activities and Flow Chart on Barangay Drug-Clearing Operations, Annex "A" ^*.]

A. Pre-Operation Phase — The activities to be undertaken under this stage shall commence with laying the groundwork and bases for effective and sustainable clearing operations against drug-affected barangays:

i. Activation of BADACs, BADAC Auxiliary Teams and SK in each barangay and definition and allocation of responsibilities for barangay drug-clearing activities. [OPR: CLGOO/MLGOO supported by Local PNP Unit]

ii. Capability enhancement of all stakeholders in barangay clearing operations through the conduct of basic drug prevention and control seminars, giving emphasis to collection and analysis of drug-related information and prevention education. [OPR: Local PNP Unit supported by Local Government Health Officer, Local Government Social Welfare Officer, DECS Representative, & SK Chairman]

iii. Organization of house clusters with designated cluster leader in each barangay. The cluster leader shall directly report to the BADAC Chairman all essential facts of any illegal drug activities within his/her cluster, such as name(s) of pushers/users, marijuana cultivation activities, clandestine laboratory operations and other drug-related data. [See attached format of Confidential Report to BADAC Chairman and Guide in Identifying the Organization of Local Drug Syndicates, Annexes "B & C" ^*.] [OPR: Local PNP Unit supported by Local Government Social Welfare Officer, Local Government Health Officer & BADAC] EDcIAC

iv. Submission by the BADAC Chairman of consolidated information report to CADAC/MADAC and local police unit concerned for the formulation and validation of watchlist of drug personalities in every barangay. [OPR: BADAC Chairman supported by Local PNP Unit]

v. Determination of priority drug-affected barangays, taking into consideration the number of drug users/pushers and the gravity of the drug problem in the area, for the conduct of police operations and advocacy/preventive education seminar. [OPR: Local PNP Unit supported by Local Government Health Officer, Local Government Social Welfare Officer, DECS Representative & SK Chairman]

vi. Enactment of city or municipal ordinances creating Administrative Boards to hear and act on complaints regarding public nuisances pursuant to Section 52, Article VII of Republic Act 9165. [OPR: Local Sanggunians]

vii. Establishment of Rehabilitation Referral Desk in every barangay to endorse drug dependents to the duly authorized representative of the Dangerous Drugs Board pursuant to Article VIII of RA 9165 and pertinent issuances of the Board. [OPR: Local Government Health Officer and Local Government Social Welfare Officer in coordination with the Treatment and Rehabilitation Center (TRC) Administrator]

B. Operation Phase — The objective of the operation phase is the actual implementation drug supply and demand reduction strategies in priority drug-affected barangays. HTcADC

i. Arrest of identified drug users/pushers through "citizens arrest",buy-bust operation, and service of Search Warrants and Warrants of Arrest. [OPR: PDEA, Local PNP & City/Mun. Prosecutor]

ii. Administrative searches (regulatory inspections) of suspected drug dens, clandestine laboratories and chemical warehouses in coordination with City/Municipal regulatory offices. [OPR: Local PNP Unit, Local Government Health Officer, Local BFP Unit & other concerned local offices]

iii. Filing of complaints for abatement of public nuisance with the City/Municipal Administrative Boards against places or premises used as sites of unlawful sale or delivery of dangerous drugs pursuant to Section 52, Article VII of RA 9165. [OPR: Local PNP Unit, Local Government Health Officer & Local BFP Unit]

iv. Conduct of advocacy and/or preventive education seminars, giving emphasis to the role of parents and children in the anti-drug campaign, ill-effects of drugs and consequences of drug abuse. This includes the conduct of lectures on the proper procedures on rehabilitation of drug dependents pursuant to RA 9165 and pertinent DDB Regulations. [OPR: Local Government Social Welfare Officer, Local Government Health Officer, DECS Representative, BADAC & Local PNP Unit]

v. Processing of application for voluntary or compulsory rehabilitation pursuant to pertinent DDB Regulations. [See attached application format, Annex "D" ^*.] [OPR Local Government Health Officer and Local Government Social Welfare Officer]

C. Post-Operation Phase — This phase aims to maintain the "DRUG-CLEARED" status of the barangays after drug-clearing operations thru support activities to be funded from the general fund of the barangay.

i. Implementation of sustainable support projects such as sports, religious and social activities in the barangay. [OPR: SK Chairman supported by Church Group Representative, Local PNP Unit, Local Government Social Welfare Officer, Local Government Health Officer & Local Sanggunian] IDTcHa

ii. Conduct of regular lectures, programs or fora on the ill-effects of drug abuse and the implementation of measures towards drug abuse prevention and eradication. [OPR: Local PNP Unit supported by Local Government Health Officer, Local Government Social Welfare Officer, DECS Representative, SK Chairman & Local Sanggunian]

SECTION 2. Classification of Barangays. — The following classification of barangays shall be observed in determining the priority areas for clearing operations:

i. Drug-Unaffected Barangay — Has not ever been plagued or beset by illegal drug activities.

ii. Drug-Affected Barangay — Existence of drug user, pusher, manufacturer, marijuana cultivator, or other drug personality, regardless of number.

iii. Drug-Cleared Barangay — Subjected to drug-clearing operations and declared free from any illegal drug activities pursuant to the parameters set forth in this Regulation.

SECTION 3. Parameters for Declaring "Drug-Cleared" Status of Drug-Affected Barangays.—

a. Non-availability of drug supply;

b. Absence of drug transit/transshipment activity;

c. Absence of clandestine drug laboratory;

d. Absence of clandestine drug warehouse;

e. Absence of clandestine chemical warehouse; cDAISC

f. Absence of marijuana cultivation site;

g. Absence of drug den, dive or resort;

h. Absence of drug pusher;

i. Absence of drug user/dependent;

j. Absence of protector/coddler and financier;

k. Active involvement of barangay officials in anti-drug activities;

l. Active involvement of SK to help maintain the drug-liberated status of the barangay;

m. Existence of drug awareness, preventive education and information, and other related programs; and

n. Existence of voluntary and compulsory drug treatment & rehabilitation processing desk.

SECTION 4. Certifying the "Drug-Cleared" Status of Drug-Affected Barangay.– After conducting drug-clearing operations in affected barangays, the chief of the local police unit shall issue a certification declaring the "DRUG-CLEARED" status of the affected barangay that has been subjected to drug-clearing operations. The certificate shall be attested by the Chairman, CADAC/MADAC. [See attached format of Certification, Annex "E" ^*.]

SECTION 5. Responsibility of OPR & Support Unit/Agency.— To ensure the realization of each phase of barangay drug-clearing operations, the OPR for each activity as specified under Section 1 (A),(B) & (C) of this Regulation shall initiate the performance of assigned task(s) while the support units/agencies shall give the assistance and cooperation required. HDCTAc

SECTION 6. Fund Support for Barangay Drug-Clearing Operations. — The Local Government Units are enjoined to appropriate funds for barangay drug-clearing operations pursuant to Section 51, Article VII of RA 9165 and other existing laws, rules and regulations. The Local Police Unit concerned, being the lead unit in the implementation of these guidelines, shall submit an annual budget proposal for barangay drug-clearing operations to the LCE to form part of the executive budget of the LGUs for appropriation by the Local Sanggunian.

SECTION 7. General Supervision of Barangay Drug-Clearing Operations. — For purposes of effective monitoring of the implementing of barangay drug-clearing operations, the Director General, PDEA shall be the Officer Primarily Responsible (OPR) for providing general supervision over the implementation of this Regulation pursuant to Sections 83 and 84, RA 9165. The PNP shall designate a secretariat that will collate reports and maintain periodic statistics on barangay drug-clearing operations for evaluation/analysis and continuing enhancement of processes and procedures.

 

SECTION 8. Reporting System. — The concerned police unit in the City/Municipality shall submit monthly reports on barangay drug-clearing operations to the PNP chain of command. The Chief, PNP, thru the PNP Anti-Illegal Drugs Special Operations Task Force shall a consolidated report to the PDEA and DDB, copy furnished SILG. [See attached reporting format, Annex F & G ^*.]

SECTION 9. Amendments. — These revised guidelines may be amended and/or modified from time to time by the Board as the need arises and upon prior consultation with the stakeholders of barangay drug-clearing operations.

SECTION 10. Repealing Clause — Board Resolution No. 12, Series of 2004, is hereby repealed and all other regulations, orders, memoranda and issuances, or parts thereof, which are inconsistent with this Regulation are hereby repealed, modified or amended accordingly. TEIHDa

SECTION 11. Effectivity. — This Regulation shall take effect fifteen (15) days after publication in two (2) newspapers of general circulation and after its registration with the Office of the National Administrative Register (ONAR),UP Law Center, Quezon City.

Adopted: June 6, 2007.

Date Filed: August 16, 2007.

 

(SGD.) Secretary ANSELMO S. AVENIDO, JR.Chairman, Dangerous Drugs Board

Attested by:

 

(SGD.) Undersecretary EDGAR C. GALVANTESecretary of the Board

Published in the National Administrative Register, Vol. XVIII No. 3 (July-September 2007).