REPORT ON INVESTIGATED KILLINGS
IN RELATION TO THE ANTI-ILLEGAL DRUG CAMPAIGN
4.2 Patterns of Discrepancies
As noted in the earlier section, alleged buy-bust operations (387), warrantless arrests
(91), and implementation of court-issued warrants (70) comprise the greatest number of
incidents involving law enforcers. The police claimed that these operations were done
pursuant to the rules embodied in the Revised PNP-POP Handbook and the Revised PNP
Manual on Anti-Illegal Drugs Operations and Investigation.
In alleged buy-bust operations, police habitually claim that surveillance, monitoring, or
test-buy was conducted to verify the information provided by a confidential informant on
the sale of illegal drugs by the victims. These police activities are usually conducted hours
before the reported buy-bust operation by either the police operatives or their informant.24
A positive result of these preparatory steps would then prompt the conduct of a buy-bust
operation.
Prior to the transaction, the police poseur-buyer, a confidential informant, the arresting
officer, the backup teams, and the perimeter security personnel would all strategically
position themselves to avoid detection from the subject and to enable them to respond in
the event of arrest. During the transaction, the assigned poseur-buyer and informant
purchase from the subject a pre-determined amount of illegal drugs, which shall be paid
with marked money. The poseur-buyer would then execute a pre-arranged signal like the
removal of his cap, him shaking hands with the subject, or going out of the place of
transaction. This is to alert the arresting officers and the backup teams to assist in the arrest
of the suspects.
An almost similar procedure for verifying information gathered from an informant is
followed in the service of search warrants and warrants of arrest. Particularly, in
implementation of search warrants, the police would prepare an application for search
warrant before the local courts. In most cases, once warrants are issued, these operations
are conducted within three days from receipt by the police. Prior to entry, the search and
investigation teams, and perimeter security teams would all strategically position
themselves in the same manner as they would do in buy-bust operations. Thereafter, during
the entry, the police operatives designated shall supposedly read,25 explain, and furnish a
copy of the search warrant to the suspect/s and/or occupant/s in the presence of witnesses
who are, in most cases, barangay officials, DOJ personnel, and media representatives.
However, in most of the accounts analyzed, the victim would pull out a gun and fire at them
at an instant, or try to flee away.
However, the Commission has recorded controverting statements from witnesses in 133
incidents. Witnesses claimed, among others, that the actions taken by the police as
described in the official reports either did not occur or were done differently.
24
Section 3.1 (a) of the Revised PNP Manual on Anti-Illegal Drugs Operations and Investigation, requires that prior to the conduct of a
Buy bust operation, the presence of a surveillance report and if practicable, the conduct of a test-buy, among others.
25
Section 3.2 (b)(6)(b) of the Revised PNP Manual on Anti-Illegal Drugs Operations and Investigation, requires that the Team Leader shall
read, explain, and furnish a copy of the Search Warrant to the suspect/s or occupant/s in the presence of at least two witnesses preferably
elected Officials or responsible persons in the area.
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