DOJ exec reminds PNP: Coordinate with PDEA first before anti-drug ops

Justice Undersecretary Adrian Sugay on Thursday reminded the Philippine National Police to coordinate first with the Philippine Drug Enforcement Agency before launching any buy-bust operation since the latter, by law, is the lead agency in the government's anti-drug efforts.

Sugay issued the statement following the supposed misencounter between the two law enforcement groups outside a mall in Quezon City on Wednesday that left at least two people dead.

Interviewed on GTV’s Balitanghali on Thursday, Sugay pointed out that Republic Act 9165 of the Comprehensive Dangerous Drugs Act of 2002 specifically appoints the PDEA as the "lead agency" in such operations.

Section 86 of the law states: "The Narcotics Group of the PNP, the Narcotics Division of the NBI and the Customs Narcotics Interdiction Unit are hereby abolished; however they shall continue with the performance of their task as detail service with the PDEA."

It continues: "[W]hen the investigation being conducted by the NBI, PNP or any ad hoc anti-drug task force is found to be a violation of any of the provisions of this Act, the PDEA shall be the lead agency."

Sugay said: “Bago magkaroon ng anti-illegal drug operations na katulad ng nangyari kahapon, dapat ang pulis normally through drug enforcement unit kumukuha muna o nagsusumite ng PDEA coordination form.”

“But ‘yung coordination na ito puwede even after ‘yung operation. May mga desisyon ang Korte Suprema diyan,” he added.

However, Sugay maintained that the PNP should coordinate with PDEA before the start of their operation as part of standard operating procedures.

The PDEA is the implementing arm of the Dangerous Drugs Board (DDB), which is the government's policy-making and strategy-formulating body on drug prevention and control. The PNP, meanwhile, is under the Department of the Interior and Local Government.

Both secretaries of the Department of Justice (DOJ) and the DILG are ex-officio members of the DDB. 

Coordination

Based on documents shown to GMA News by a source, the Quezon City Police District (QCPD) has coordinated with the PDEA regarding a buy-bust operation it will conduct in the area as early as February 23. The pre-operation report included the names of the targets.

In response, the PDEA issued a certificate of coordination that the QCPD District Special Operations Unit extended to February 25 as it has only a 24-hour validity.

Three people including two policemen were earlier reported killed in the incident, which took place at the parking lot of a fastfood restaurant along Commonwealth Avenue.

On Wednesday, Justice Secretary Menardo Guevarra said the DOJ will conduct a separate investigation into the supposed misencounter.

"I have ordered the NBI to conduct a parallel investigation on the alleged misencounter this evening between PNP anti-illegal drug operatives and PDEA agents at commonwealth avenue," said Guevarra.

"This is separate and distinct from the probe to be conducted by an ad hoc joint PNP-PDEA board of inquiry earlier announced by PNP Chief Debold Sinas," he added.

Aside from determining who is accountable for the incident, Sugay said the probe may also yield recommendations to prevent another misencounter in the future. -Joviland Rita/MDM, GMA News