OTHER LAW ENFORCEMENT OPERATION: NBI, PDEA, AND LTO • Act as a national clearinghouse of criminal records and other

ghouse of criminal records and other related

information for the benefit of the government;.
1. National Bureau of Investigation
• Render technical assistance to government agencies and
National Bureau of Investigation (NBI) is an attached agency under the
instrumentalities, when so requested;.
Department of Justice (DOJ) that is primarily tasked to investigate crimes
• Extend assistance In canon involving extradition and mutunllogal
and other offenses against the laws of the Philippines (FOI, n.d,) It
assistance, when requested by the Department of Justice;
undertakes the efficient detection and investigation of crimes and other
• Establish an NB Academy which shall be responsible for the recruitment,
offenses against Philippine laws. It coordinates with other national and
training, and development of all NB agents and personnel, among others,
local police agencies in the maintenance of peace and order. It also acts as
• Establish and maintain a Forensic and Scientific Research Center which
a national clearinghouse of criminal and other information for the use of
shall serve as the primary center for forensic and scientific research in
all prosecuting and law enforcement entities of the Philippines.
furtherance of scientific knowledge in criminal investigation, detection,
(Official Gazette, n.d.).
evidence collection, and preservation, and provide the necessary training
therefor;
The present organizational structure of the NBI is reorganized into the
• Establish and maintain a Cyber Investigation and Assessment Center
Office of the Director, Office of the Deputy Director for Administration,
which shall serve as the nerve center for computer information
Office of the Deputy Director for Operations, Offices of the Assistant
technologies, data on cybercrime cases, computer intrusion, threats, and
Directors for Investigation Service, Intelligence Service Comptroller
other related crimes or activities;
Service, Human Resource and Management Service Forensic and Scientific
• Establish and maintain an integrated, comprehensive, and state-of-the-art
Research Service, Legal Service, and Information and Communications
network of equipment and facilities to be used by the NBI in its criminal
Technology Service. Each service shall be composed of the necessary
investigation, detection, and evidence gathering, and to provide the
divisions and sections. The NBI has Regional Offices in every region to be
corresponding training in this regard;
headed by a Regional Director and District Offices in every province to be
• Request the assistance of the Philippine National Police(PNP), Armed
headed by a Head Agent. Field Offices may, also be established and
Forces of the Philippines, or any other agency of the government,
maintained by the Director as the need arises(RA. 10867, 2016, Section
including government-owned and/or -controlled corporations, in its anti-
3).
crime drive. Such assistance may include the use of the agency's
personnel and facilities upon prior approval by the head of the agency
Powers and Function of NBI
concerned;
• Conduct intelligence operations in furtherance of the fore going powers
According to the National Bureau of Investigation Reorganization and
and functions;
Modernization Act (2016), the NBI has the following powers and
• Enter into any contract or transaction for the acquisition, ownership,
functions:
possession, administration, lease, disposition, or acceptance of real or
+ Undertake investigation and detection of crimes and offenses
personal property in its name, subject to the approval of the Secretary of
enumerated under Section 5 of RA 10867);
Justice;
• Issue subpoena for the appearance of any person for Investigation or
• Establish a modern NBI Clearance and Identification Center containing all
production of documents, through its officers from the ranks of Regional
derogatory and criminal records and civilian identification records,
Director to Director;
including their identifying marks and characteristics and fingerprint
 database, as well as dental records pursuant to Presidential Decree No.  #Transnational crimes pursuant to existing international agreements;
1575, entitled “Requiring Practitioners of Dentistry to Keep Records of  #Identification of the dead/victims in case of mass fatality incidents
Their Patients”; caused by natural disasters; and
• Maintain, for purposes of investigative and forensic requirements of the  #Violations of commercial, economic, and financial or white-collar crimes
NBI, a relevant database such as ballistic records of firearms including, but such as, but not limited to, those punishable under Republic Act No. 8792,
not: limited to, data ownership, possession, and other related identifying otherwise known as “E-Commerce Act of 2000”; Republic Act No. 8484,
circumstances; and Deoxyribonucleic Acid (DNA) databank; and otherwise known as “Access Devices Regulations Act of 1998”; Republic
• Perform such other functions as the President or the Secretary of Justice Act No. 8293, otherwise known as “Intellectual property code of the
may assign. Philippines”; Republic Act No. 8799, otherwise known as “Securities
Regulation Code”; Presidential Decree No. 1689, otherwise known as
- The agents of NBI have the following powers and functions (RA10867, “Decree Increasing the Penalty for Certain Forms of Estafa”, and other
2016, Section 9): similar penal statutes that may be enacted by Congress.
• Undertake investigations pursuant to the mandate of the NBI
• Conduct searches, arrests, and seizures in accordance with existing laws, Philippine Drug Enforcement Agency
rules, and regulations; The Philippine Drug Enforcement Agency (PDEA) was created by, the
• Take and require sworn statements of any person or persons summoned virtue of Republic Act 9165, otherwise known as The Comprehensive
in relation to cases under investigation; Dangerous Drugs Act of 2002. It’s a regular law enforcement agency
• Administer oaths in cases under investigation; and responsible for efficient and effective law enforcement against any
• Such other functions may be assigned by the NBI Director. dangerous drug and/or controlled precursor and essential
chemicals(PDEA, 2011).
JURISDICTION OF NBI
PDEA’s Core Values
the NBI has the primary jurisdiction to undertake of NBI the following cases The core values of PDEA are the following (PDEA, 2011):
(RA 10867, 2016, Section 5): Honor
~ They are committed to pursuing the highest degree of integrity
 Human Trafficking cases in all airports in the Philippines;
by conducting themselves in a manner that would earn the respect, trust,
 Extrajudicial/ Extralegal killings committed by the state security forces and confidence of the people.
against media practitioners and activists; Commitment
 Killings of justices and judges; ~They are dedicated to undertaking prevention, control, and
 Violation of Republic Act No. 10175, otherwise known as the “Cybercrime elimination of dangerous drugs over and above personal interest and take
Prevention Act”; full accountability and responsibility for their actions.
 Cases referred by the Inter-Agency Anti-Graft Coordinating Council Respect for Human Dignity
(IAGCC); ~ Their utmost concern is respect for human dignity. In the
 Violations of the Anti-Dummy Law; fulfillment of their duties, they uphold human rights, treating each person
 #Cases involving threats to security or assaults against the persons of the with respect, justice, and fairness.
President, Vice President, Senate President, Speaker of the House of
Representatives, and Chief Justice of the Supreme Court;
 The Philippine Drug Enforcement Agency (PDEA) was created by, and essential chemical and investigate all violators and other matters
the virtue of Republic Act 9165, otherwise known as The Comprehensive involved in the commission of any crime relative to the use, abuse or
Dangerous Drugs Act of 2002. It’s a regular law enforcement agency trafficking of any dangerous drug and/or controlled precursor and
responsible for efficient and effective law enforcement against any essential chemical as provided for in the Comprehensive Dangerous Drugs
dangerous drug and/or controlled precursor and essential Act of 2002 and the provisions of Presidential Decree No. 1619;
chemicals(PDEA, 2011). ~Administer an oath, issue subpoena, and subpoena duces tecum relative
PDEA’s Core Values to the conduct of investigation involving the violations of the RA 9165;
The core values of PDEA are the following (PDEA, 2011): ~Arrest and apprehend as well as search all violators and seize or
Honor confiscate, the effects or proceeds of the crimes as provided by law and
~ They are committed to pursuing the highest degree of integrity take custody thereof, for this purpose prosecutors and enforcement
by conducting themselves in a manner that would earn the respect, trust, agents are authorized to possess firearms, in accordance with existing
and confidence of the people. laws;
Commitment ~Take charge and have custody of all dangerous drugs and/or controlled
~They are dedicated to undertaking prevention, control, and precursors and essential chemicals seized, confiscated, or surrendered to
elimination of dangerous drugs over and above personal interest and take any national, provincial, or local law enforcement agency if no longer
full accountability and responsibility for their actions. needed for purposes of evidence in court;
Respect for Human Dignity ~Establish forensic laboratories in each PNP office in every province and
~ Their utmost concern is respect for human dignity. In the city in order to facilitate action on seizing or confiscated drugs, thereby
fulfillment of their duties, they uphold human rights, treating each person hastening its destruction without delay;
with respect, justice, and fairness. ~Recommend to the DOJ the forfeiture of properties and other assets of
Excellence and Competence persons and/or corporations found to be violating the provisions of this
~ They strive to attain the highest standard of our work through Act and in accordance with the pertinent provisions of the Anti-Money-
continuous training and education in order to meet the expectations and Laundering Act of 2001;
ultimately gain the active support of the community ~Prepare for prosecution or cause the filing of appropriate criminal and
civil cases for violation of all laws on dangerous drugs, controlled
Powers and Function of PDEA precursors and essential chemicals, and other similar controlled
As the lead agency in the fight against illegal drugs, the law substances, and assist, support and coordinate with other government
confers PDEA with the following functions to attain its mission: agencies for the proper and effective prosecution of the same;
~Implementor cause the efficient and effective implementation of the ~Monitor and if warranted by circumstances, in coordination with the
national drug control strategy formulated by the Dangerous Drug Board Philippine Postal Office and the Bureau of Customs, "inspect all air cargo
thereby carrying out a national drug campaign program which shall packages, parcels and mails in the central post office, which appear from
include drug law enforcement, control, and prevention campaign with the the package and address itself to be a possible importation of dangerous
assistance of concerned government agencies; drugs and/or controlled precursors and essential chemicals, through on-
~Undertake the enforcement of the provisions of Article of the line or cyber shops via the internet or cyberspace;
Comprehensive Dangerous Drugs Act of 2002relative to the unlawful acts ~Conduct eradication programs to destroy wild or illegal growth “of plants
and penalties involving any dangerous drug and/or controlled precursor from which dangerous drugs may be extracted;
~Initiate ‘and undertake the formation of a nationwide organization that ~Submit annual and periodic reports to the Board as may be required
shall coordinate and supervise all activities against drug abuse in every from time to time, and perform such other functions as may be
province, city; municipality, and barangay with the active and direct authorized or required under existing laws and as directed by the
participation of ‘all such local government units and-nongovernmental President himself/herself or as recommended by the congressional
organizations, including the citizenry, subject to the provisions of committees concerned.
previously formulated programs of action against dangerous drugs;
~Establish and maintain a national drug intelligence system in cooperation Enforcement Operation of PDEA
with law enforcement agencies, other government agencies/offices and According to the Implementing Rules and Regulation (IRR) of section 21 of
local government units that will assist in its apprehension of big-time drug RA 9165 as Amended by RA 10640, The PDEA takes charge, and have
lords: custody of all dangerous drugs, plant sources of dangerous drugs
~ Establish and maintain close coordination, cooperation, and linkages controlled precursors and essential chemicals, as well as
with international drug control and administration agencies and instruments/paraphernalia and/or laboratory equipment, so confiscated,
organizations, and implement the applicable provisions of international seized and/or surrendered, for proper disposition in the following manner
conventions and agreements related to dangerous drugs to which the (IRR2015):
Philippines is a signatory;
~ Create and maintain an efficient special enforcement unit to conduct an 1. Chain of Custody: Marking, Inventory, and Photograph
investigation, file charges, and transmit evidence to the proper court,
a. The apprehending or seizing officer having initial custody and control of
wherein members of the said unit shall possess suitable and adequate
the seized or confiscated dangerous drugs, plant sources of dangerous
firearms for their protection in connection with the performance of their
drugs, controlled precursors and essential chemicals, instruments/
duties: Provided, That no previous special permit for such possession shall
paraphernalia, and/or laboratory equipment shall, immediately after
be required;
seizure and confiscation, mark, inventory and photograph the same in the
~Require all government and private hospitals, clinics, doctors, dentists,
following manner (IRR, 2015, Section 1. Al)
and other practitioners to submit a report to it, in coordination with the
Board, about all dangerous drugs and/or controlled precursors and + The marking, physical inventory, and photograph of the
essential chemicals which they have attended to for data and information seized/confiscated items shall be conducted where the search
purposes; warrant is served.
~Coordinate with the Board for the facilitation of the issuance of
necessary guidelines, rules and regulations for the proper implementation + The marking is the placing by the apprehending officer or the poseur-
of the RA 9165; buyer of his/her initials and signature on the item/s seized.
~Initiate and undertake a national campaign for drug prevention and drug « In warrantless seizures, the marking of the seized items in the
control programs, where it may enlist the assistance of any department, presence of the violator shall be done immediately at the place where
bureau, office, agency or instrumentality of the government, including the drugs were seized at the nearest police station or the nearest
government-owned and or -controlled corporations, in the anti-illegal office of the apprehending officer/team, whichever is practicable.
drugs drive, which may include the use of their respective personnel, * In cases when the execution of a search warrant is preceded by
facilities, and resources for a more resolute detection and investigation of warrantless seizures, the marking, inventory and photograph of the
drug-related crimes and prosecution of the drug traffickers; and
 items recovered from the search warrant shall be performed forensic or crime laboratory shall be observed, where it shall document
separately from the marking, inventory and photograph of the items the chain of custody each time a specimen is handled, transferred or
seized from warrantless seizures. presented in court until its disposal, and every individual in the chain of
custody shall be identified following the laboratory control and chain of
2. Laboratory Examination, Custody and Report custody form.

a. Within twenty-four (24) hours upon confiscation/seizure of dangerous 3. Filing of Complaint and Destruction of Confiscated or Seized Items
drugs, plant sources of dangerous drugs, controlled precursors and
¢. Upon receipt of the order of destruction, PDEA shall proceed with the
essential chemicals, as well as instruments/paraphernalia and/or
destruction or burning of the subject drug evidence/items within twenty-
laboratory equipment, the same shall be submitted to PDEA Forensic
four (24)hours, or as far as practicable, in the presence of the prescribed
Laboratory for a qualitative and quantitative examination, subject as
witnesses.
provided further below (IRR, 2015, Section 1. B.1):
d. The apprehending officer/team or PDEA shall preserve all the seized
~In support of the PDEA, the forensic crime laboratories of the Philippine
items as evidence in court until the court terminates the case !
National Police (PNP) and the National Bureau of Investigation (NBI) shall
conduct qualitative and quantitative examinations of the e. Dangerous drugs and controlled precursors and essential chemicals
seized/confiscated or surrendered items submitted by the anti-illegal drug shall be disposed of by means in the following methods (IRR, 2015,
operating units/task forces, or apprehending officer/team. Section 1. C.3):
~Where the violations of RA No. 9165 require laboratory examination of + Thermal destruction method in accordance with applicable
the seized/confiscated items, the positive result of the qualitative environmental laws. The PDEA may engage the professional services of
examination rendered by the forensic chemist shall serve to support the third parties with thermal facilities covered by valid and subsisting permits
criminal charge/s. and clearances issued by appropriate government agencies; or
~Quantitative examination may be done upon request by the + Other lawful appropriate methods may be authorized by the Board, in
apprehending team or upon issuance of a court order when the consultation with the DENR. –
determination of purity of the seized/confiscated dangerous drugs is
required by law. - Marijuana and plant sources of dangerous drugs shall be destroyed by
burning on the site of eradication activity and in open fields. Thereafter,
b. A certification or chemistry report of the forensic laboratory the burnt marijuana plants shall be buried underground.
examination results, which shall be done by the forensic examiner, shall
be issued immediately upon the receipt of the subject item/within the 4. Participation of the Offender in the Proceedings
reglementary period that would enable the apprehending officer/team to a. The alleged offender or his/her representative or counsel shall be
file the criminal charge/s with the prosecutor’s office against the allowed to personally observe all of the above proceedings and his/her
violator/s as prescribed by law. presence shall not constitute an admission of guilt (IRR, 2015, Section 1.3)
c. In any case, the chain of custody of the seized/confiscated items b. In case the said offender or accused refuses or fails to appoint a
received from the apprehending officer/team, and examined in the representative after due notice in writing to him/her or his/her counsel
within seventy-two (72)hours before the actual burning or destruction of Enforcement Operation of LTO
the evidence in question (IRR, 2015, Section 1. D.2).
There are three types of Law enforcement in the LTO, namely (LTO, n.d,)
5. Lead Agency over the Custody and Destruction of Drug Items
1. Persuasive- It involves information and education campaigns.
a. The PDEA shall proceed with the destruction of drug
2. Preventive- Deployment of traffic enforcers on the road.
evidence/representative samples presented as evidence in criminal cases
before the courts if the judgment in the criminal case shall include a 3. Punitive- the actual enforcement of traffic laws.
disposition directing to turn over to PDEA the said drug
evidence/representative samples. The court shall furnish a copy of the Kinds of Traffic Law Enforcement Action
judgment to the PDEA(IRR, 2015, Section 1. E.1). Here are the different traffic law enforcement actions that may be
performed by the traffic enforcers (PNP, 2014, pp. 97-98:)

Land Transportation Office 1. Traffic Arrest - It is an enforcement action that consists of taking
a person into custody for the purpose of holding and or detaining him to
The Land Transportation Office (LTO) is the apex agency of the Philippine answer a charge of law violation before a court. The arrest is made when:
government tasked to ensure road safety through the inspection and
registration of roadworthy motor vehicles, issuance of license a. The offense committed is serious;
cards/permits to qualified drivers, strict yet fair enforcement of traffic b. There is a necessity to avoid continued violation; and :
laws, rules and regulations, and just adjudication of traffic cases (FOL,
n.d.). It is a sectoral agency of the Department of Transportation (DOTr) by c. There is a reasonable doubt that the violator- will not appear in
virtue of Executive Order (E.O) No. 125 and 125A dated 13 April 1987 and court.
E.O No. 226 dated 25 July 1987 (LTO, n.d.) Kinds of Traffic Law Enforcement Action

Here are the different traffic law enforcement actions that may be
Powers and Function of LTO performed by the traffic enforcers (PNP, 2014, pp. 97-98:)

The following is the mandate and functions of LTO (LTO, n.d.): ~ Traffic Citation- It is made of having violators appearing in court
without physical arrest. The issuance of a citation is the most common
» Inspection and Registration of Motor Vehicles enforcement action by the police. This is an efficient system since the
+ Issuance of Licenses and Permits majority of violations with minor offenses are punished promptly by
paying their fine at an administrative body with a court appearance or any
+ Enforcement of Land Transportation Rules and Regulations traffic enforcement action contemplates trial adjudication or disposition
to determine the guilt or innocence of a person charged for a violation
+ Adjudication of Traffic Cases
when the individual record of which is kept by the police or some other
+ Collection of Revenues for the Government official agency for future reference.
 ~ Traffic Warning = It is an enforcement action that does not • Notice and Summon;
contemplate possible assessment of penalty by the court or otherwise as
• Temporary driver’s license for 72 hours only;
a result of warning alone.
• 5 days to contest, 15 days to settle, otherwise, 30 days suspension of
a. Visual Warning -It is usually used when you have observed & a minor
driver’s license will be met
violation but are importantly occupied at 2 moments. You indicate by
the gesture of the hand and of the head, or a toot of the horn that Impounding of Motor Vehicle
you are aware of the violation. Such action reminds the violators that
a violation has been committed and that the police are observant. Impounding means to take into the temporary protective legal
Kinds of Traffic Law Enforcement Action custody of vehicles for a fee. LTO can perform the actual impounding of
Here are the different traffic law enforcement actions that may be the motor vehicle or a Technical Impounding, which is confiscation, of
performed by the traffic enforcers (PNP, 2014, pp. 97-98:) both the driver's license and the two (2) motor vehicle license plates, at
b. Verbal Warning - It is a form of safety education. You tell the the time of apprehension instead of impounding the motor vehicle,(LTO,
violator that a law has been violated and explain the hazards of such n.d.). An Impounding Receipt of Motor Vehicle (IRMV) is issued, if the
action. They are frequently used when there is 2 new enforcement motor vehicle was impounded. IRMV is accomplished by the;
program going into effect and the preliminary phase calls for a period apprehending officer and validated by the Motor Vehicle Custodian,(MVC)
of public education. assigned at the impounding area (LTO, n.d.).
c. Written Warning - It is a combination of verbal warning and The motor vehicle may be released after the payment of the
citation. They gave the spirit verbal warning and the form of citation corresponding fines/penalties provided that there are no accessory
because it is written and resembles a citation. The written warning penalty/s and/or suspensions stipulated in the Resolution and/or
has a more noticeable deterrent effect than a verbal warning There is Judgment. Additionally, the confiscated item/s such as the license plate
no immediate penalty attached and it allows the violator an shall only be released after serving the required suspension.
opportunity to profit from the error putting an emphasis on education
rather than on discipline. GROUNDS FOR VEHICLE IMPOUNDMENT

The following violations shall cause the impounding of a motor,

CONFISCATION OF DRIVER’S LICENSE vehicle by the LTO (MC 89-105, Section 73):

Only LTO Deputized traffic Enforcers are allowed to confiscate » Unregistered/Improperly registered/delinquent or invalid registration
driver’s licenses (Joint memorandum Circular no. 1 2008, section 3.4.a) + Unregistered substitute or replacement motor, vehicle engine, engine
Temporary Operators Permit (TOP), is issued by LTO Deputized Traffic block, or chassis
Enforcers for traffic a& administrative (mom-moving) violations
(Memorandum Cicular No. 515-2004) It is strictly required to be issued to + Unauthorized change of color or configuration
the apprehended driver/operator at the site and time of apprehension.
+ Operating, allowing the operation of a motor vehicle with a suspended
This will serve as: or revoked Certificate of Registration

• Receipt for Driver’s license confiscated: * Using license plates different from the body number
 *Illegal Transfer of plates, tags, or stickers  Fake Official Receipt and Certificate of Registration

*Violations involving the absence of required parts, accessories, or  Tampered documents pertaining to franchising, registration, and
devices or defective parts, accessories, or devices which pose danger to licensing
the public
 Failure to present any document regarding motor vehicle ATTA

 Breach of Franchise Conditions

GROUNDS FOR VEHICLE IMPOUNDMENT
 Improper use of driver’s license
The following violations shall cause the impounding of a motor,
 Expired driver’s license
vehicle by the LTO (MC 89-105, Section 73):
 Expired Traffic Violation Receipt
» Authorized route not properly painted

>Unauthorized/improvised number plates

>Failure to paint on vehicle business or trade name

>Failure to paint required markings

>No body number for Public Utility Vehicle (PUV)

>Using radio or stereo in violation of existing regulation or without the

necessary permit, or in breach of the conditioning permit regulation.

>Installation of jalousies, curtains, dim colored lights, strobe lights,

dancing lights or similar lights, colored tinted or painted windshield on
window glass on “for hire” vehicles

GROUNDS FOR VEHICLE IMPOUNDMENT

The following violations shall cause the impounding of a motor,

vehicle by the LTO (MC 89-105, Section 73):

» Driving without a license plate

 Fake driver’s license/ Ordinance Violation Receipt (OVR)

 Fake sticker

 Fake license plate