COMMON LAPSES OF THE PNP IN CONDUCTING BUY BUST

OPERATION: A CASE STUDY

A Case Study Presented to the

Faculty of the Institute of Criminal Justice Education
Gov. Alfonso D. Tan College
Maloro, Tangub City

In Partial Fulfillment
Of the Requirements for the Degree
BACHELOR OF SCIENCE IN CRIMINOLOGY

Cagmat, Pretzel M.
Castro, Mary Ann R.
Cabrera, Khen Aldrige

MAY 2022
 EXECUTIVE SUMMARY

Law enforcement has been at the forefront of the “war on drugs. The major goal of this
study was to examine the common lapses of the PNP in conducting buy bust operation. In
this study, a qualitative research design was adopted. The data was gathered using an
interview guide questionnaire created by the researchers. The informant of this study was
on police officer who is one of the team who conducted the buy bust operation that
occurred in Brgy. Centro Napu, Tudela, Misamis Occidental. According to the findings,
the common lapses made by the PNP in conducting buy bust operations particularly the
failure to follow the first link of the chain of custody. They failed to mark the seized
drugs from the accused in the scene where they were confiscated. Furthermore, the police
personnel failed to mark the drugs in the presence of the accused or any of its
representatives, and marking the drug sachet itself rather than the cellophane in which it
was placed. The chain of custody of the drugs must be followed at all times to ensure that
unnecessary doubts about the identity of the evidence are reduced, if not eliminated
entirely. Furthermore, it is recommended that the PNP Operational Manual must be
revisited and revised in order to prevent the operational lapses in the field and ensure the
success of PNP operations.
Keywords: Illegal Drugs, narcotics, Buy Bust, lapses, strategies.
 TABLE OF CONTENTS

TABLE PAGE
EXECUTIVE SUMMARY.....................................................................................2

TABLES OF CONTENT.........................................................................................3

INTRODUCTION...................................................................................................4

FACTS OF THE CASE...........................................................................................6

GENERAL OBJECTIVES......................................................................................7

SPECIFIC QUESTIONS.........................................................................................8

Research Methods....................................................................................................8

Research Design...................................................................................................8

Research Setting...................................................................................................8

Research Informants............................................................................................8

Research Instruments...........................................................................................8

Data Analysis.......................................................................................................9

Ethical Considerations.............................................................................................9

Definition of Terms................................................................................................10

REVIEW OF LITERATURE................................................................................11

RESULTS AND DISCUSSION............................................................................13

ALTERNATIVE INNOVATION OR INTERVENTION PLAN.........................18

RECOMMENDATION.........................................................................................21

CONCLUSION......................................................................................................21

REFERENCES......................................................................................................23

CURRICULUM VITAE........................................................................................25
INTRODUCTION

For more than two decades, law enforcement has been at the forefront of

the "war on drugs." The government spends billions of pesos on drug

enforcement each year, while state and local police departments devote a large

portion of their budgets to drug enforcement. This country is concerned about the

growing number of drug-related problems, thus authorities have been assigned to

control and evaluate drug dependence and drug-pushing cases as much as

possible, making it a high priority because it is one of the leading causes of

significant crimes (Kappeler, 2006). Drug misuse has a long history in human

history. Herbs, roots, bark, leaves, and plants have been used to treat pain and

control disease since ancient times. Drug usage is not in and of itself a bad thing;

appropriately administered medications have been a medical boon. Unfortunately,

some medicines have attractive side effects at first, such as joy, serenity, and

power. What started out as a harmless pastime has turned into an issue of

addiction and abuse (Vidal, 1998).

Illegal drug usage has spread at an unprecedented rate, reaching every

corner of the planet. No country has escaped the deadly consequences of drug

misuse. At the same time, a broad cross-section of the global community has

expressed grave concern about the problem: the subtle long-term effects of

chronic drug use on the individual, family, community, and society. The increase

in crime, drug-related automobile incidents, those on the job, learning disabilities

and other mental health problems, family disruption, and health problems,

including interference with normal reproductive function and long-term damage

to the brain, heart, and lungs, are all reasons for concern. According to the

Dangerous Drug Board's AY 2013 figures, there are 3,266 cases of drug misuse in

the Philippines. Ninety-three percent are men and seven percent are women. In

the Philippines, drug addiction looks to be on the rise.

According to the United Nation and Drug Abuse Control, no country is

immune to the drug scourge, whether it is employed as a production base, a transit

point, or a market. True, the problem of drug usage and trafficking will not be

overcome quickly, but rather via ongoing international cooperationAccording to

estimates from 2004, there are as many as 6.7 million drug addicts in the

Philippines, which is a significant increase from 19.72, when there were only

around 20,000 drug users. It is necessary to examine the most common PNP

lapses made when conducting a buy-bust operation. Many studies have been

conducted to investigate the main strategies used by the PNP. However, little

attention has been given to some common lapses of the PNP in conducting buy

bust operations. The current study aimed to fill this gap by examining the most

common lapses made by the PNP when conducting buy bust operations.

In light of the foregoing, the researchers were motivated to learn about the

common lapses that police officers made when performing buy bust operations.

Additionally, the researchers want to know the different kinds of strategies done

by Police Personnel in conducting buy-bust operations in pursuing to stop illegal

drug proliferations, sale and use. The efficiency of police operations and efforts

against illegal substances will also be revealed through this study. The findings of

this study will benefit PNP Personnel and researchers in their future careers,
particularly if they will be dealing with this issue as part of routine police

operations.

Thus, in this present study, the researchers examined the common lapses

of the PNP in conducting buy bust operation.

FACTS OF THE CASE

On august 29, 2021 while I was on duty at our station. We received a call

from a civilian asset that Ricky Castillo was selling illegal drugs at his residence

in Barangay Centro Napu, Tudela Misamis Occidental. As a result, Police Chief

Major Roland Donor formed a buy-bust team. The poseur-buyers were provided

with four (4) one hundred peso bills as marked money.

At around 8:30 in the evening, the buy-bust team proceeded to the target

area. The team approached Ricky’s residence, knocked on the door, and were

eventually let in. They asked if they could buy shabu, and Ricky responded that

each sachet costs P200.00. The team offered to purchase two (2) sachets. After

examining said sachets, each containing white crystalline substance, the team

gave Ricky the P400.00 marked money. The team then tapped Ricky on the

shoulder, brought him outside the house where he and the rest of the buy-bust

team introduced themselves as police officers, and arrested Ricky. The latter was

then brought to the police station. The arresting officer who seized the sachets

from Ricky during the buy-bust operation failed to mark them and instead handed

them over unmarked to SPO1 Suganob, who was the one who conducted the

marking. SPO1 Suganob, stated that he only marked the transparent plastic
cellophane container, not the individual sachets that had turned-over to him

containing the seized drugs.

GENERAL OBJECTIVES

1. To examine the most common lapses of the PNP in conducting buy bust

operation.

SPECIFIC QUESTIONS

1. What are the most common lapses of the PNP in conducting buy bust

operation?

2. What are the strategies used by the PNP in dealing those lapses during

buy-bust operations?

3. What extension activity may be proposed to assist the PNP in their

efforts to solve drug-related problems?

Research Methods

This section covers the research design, research setting, research

respondents and instrument for data collection.

Research Design. This paper used the qualitative research particularly a

case study and utilized a purposive sampling to gather the data. It

is appropriate to use qualitative descriptive design since according

to Bradshaw (2017) a qualitative descriptive design is particularly

relevant where information is required directly from those

 experiencing the phenomenon under investigation and where time

and resources are limited.

Research Setting. The researchers conducted the data gathering at

Barangay Centro Napu, Tudela Misamis Occidental.

Research Informants. This case study's informant was a relative of the

minor who testified in the specific case of parricide that occurred

in this municipality.

Research Instruments. . A researcher's interview guide questionnaire is

being utilized in this study. This tool was used to collect data on

which certain indications were more prevalent among the

participants. According to Burns and Grove (2013), interviewing

is a flexible technique that allows researchers to explore greater

depths of meaning than other techniques, interpersonal skills can

be used to facilitate cooperation and elicit more information, and

interviews have a higher response rate than questionnaires.

Data Analysis. To discover, evaluate, and interpret the qualitative data,

narrative analysis was employed. It is composed of narratives

about people's experiences, explains a life experience, and debates

the significance of the experience with the person. Narrative

analysis is a form of qualitative research in which the researcher

focuses on a topic and analyses the data collected from case

studies, surveys, observations or other similar methods. The

researchers write their findings, then review and analyse them.

 Narrative analysis aims to identify the kinds of stories told about

the researched phenomenon and the kinds of story representing

the phenomenon in culture and society. Narrative analysis may

focus, for example, on text, media text, picture, film, music and an

environment, which act as a story or have a story-like structure

(Koppa, 2010).

Ethical Considerations.

Several issues were addressed because this study included human

real experiences. It is vital to protect the participants' privacy and

confidentiality, and concerns were raised in order to avoid future

issues. Confidentiality, permission, and identity protection are

among the topics that were considered. Their involvement was

sought after they were assured that the information acquired about

them would be kept in strict secrecy. This can be dispensed to

market trust within the researcher and therefore the respondents.

Definition of Terms

In the study, the following concepts are defined as follows:

Buy Bust. A buy-bust operation is a form of entrapment conducted by the

Police officers together with the PDEA, whereby a police agent disguised as a

buyer of illegal drugs undertakes a sales transaction with a seller. It is used to

gather evidence against specific dealers leading to their arrest.

Chain of Custody. In legal contexts, is the chronological documentation

or paper trail that records the sequence of custody, control, transfer, analysis, and

disposition of materials, including physical or electronic evidence.

Law enforcers. A policing agency charged with maintaining order,

preventing and detecting crime, and enforcing laws. Campus cops are a collection

of persons who share a structure and function. The police force is another name

for the police force.

Police Officer. A policeman/policewoman is a person who works for a

police force and is sworn in. Suspects are apprehended, crime is prevented,

detected, and reported, the general public is protected and assisted, and public

order is maintained.

Strategies. In the face of uncertainty, it refers to a comprehensive plan

for accomplishing one or more long-term or overall objectives. It includes

strategic planning and strategic thinking, among other things.

 REVIEW OF LITERATURE

This chapter presents the review related literature of the study.

Laws Concerning Dangerous Drugs Republic Act No. 9165 is one of the

laws dealing with harmful drugs. Recognizing the need to reinforce existing laws

controlling the Philippine drug enforcement system, President Gloria Macapagal-

Arroyo signed Republic Act No. 9165, or the Comprehensive Dangerous Drugs

Act of 2002, on June 7, 2002, which went into effect on July 4, 2002. The R.A.

9165 lays down more specific plans of action for the national anti-drug campaign

and increases the penalties for violators.

The passage of R.A. The Philippine drug enforcement system was

restructured under 9165. While the Dangerous Drugs Board continues to be the

policy-making and strategy-formulating authority for drug control and preventive

policies and programs, the Philippine Drug Enforcement Agency was established

under the Malacañang Palace, Office of the President.

Another law concerning harmful substances is Republic Act No. 8203,

which states that it is the State's policy to safeguard and promote the people's

right to health and to maintain health awareness among them, as specified in

Section 15 of Article 11 of the Constitution. It is also announced the state's policy

that in order to preserve people's health, the state would provide for their

protection against counterfeit pharmaceuticals (www.wipo.int).

 Operations involving drugs. From activities targeted at preventing cross-

border importation to those aimed at the point of supply to consumers, law

enforcement techniques target all elements and levels of the supply chain.

Interventions against drug supply refer to all operations undertaken by law

enforcement agencies, including police and customs, on a national and

international level to restrict drug supply. The Philippine Drug Enforcement

Agency (PDEA), the Philippine National Police Anti-Illegal Narcotics Special

Operation Task Force (PNP-AIDSOTF), the National Bureau of Investigation

(NBI), and other law enforcement agencies work together to combat the supply of

dangerous drugs in the country (Dangerous Drug Board).

The Dangerous Drugs Board, on the other hand, continues to promote

substance misuse prevention through activities and initiatives. Recognizing the

diversity of Philippine culture, the Board offers a variety of educational programs

to meet the requirements of all segments of the population, including youth,

parents, employers, educators, health professionals, and policymakers (Dangerous

Drug Board).

The federal government in the United States maintains peace and order

with the assistance of a variety of law enforcement agencies. The Department of

Justice is the country's largest and most visible law enforcement agency. It is in

charge of most federal law enforcement activities and represents the interests of

the United States. The Federal Bureau of Investigation, the Drug Enforcement

Administration, and the United States Attorney's Office are all part of the
Department of Justice. The Bureau of Alcohol, Tobacco, Firearms, and

Explosives (ATF) and the Marshals Service.

RESULTS AND DISCUSSION

This case study was conducted in order to determine the common lapses of

the PNP during buy bust operation. There was one (1) identified police officer

who is one of the team who conducted the buy bust operation and participated in

this study. A qualitative method was employed and research-made interview

guide questionnaire was the tool used in collecting the data.

One of the most common ways in which law enforcement agencies

apprehend persons accused of illegal sale of drugs is through buy-bust operations.

A buy-bust operation is a form of entrapment, whereby a police agent disguised

as a buyer of illegal drugs undertakes a sales transaction with a seller. Suppose,

however, that there is an irregularity in the buy-bust operation, and illegal drugs

are confiscated from an alleged seller

From the data gathered, it was found out that Ricky was selling illegal

drugs at his residence in Barangay Centro Napu, Tudela Misamis Occidental.

However there are lapses made by the PNP during the buy bust operation. It

shows that the common lapses of the PNP in conducting that buy bust operation is

the arresting officer who had initial custody of the seized drugs, fail to mark the

same or even witness its alleged marking, but the officer to whom the marking of

the seized items was attributed, SPO1 Suganob, denied doing so and admitted that
he only marked a transparent plastic cellophane container, not the individual

sachets that had turned-over to him containing the seized drugs. There is no doubt

that the corpus delicti's integrity and evidentiary value were jeopardized.

One of the most effective strategies used by the PNP to deal with such

lapses during buy bust operations is to remind all PNP personnel to always adhere

to the chain of custody. Conduct seminars for all PNP personnel, including future

cops, to ensure that their buy-bust efforts and time are not wasted.

They also adhere to the PNP Operational Procedures (POP) Manual,

which is essential for successful police operations. And, if strictly adhered to, it

would protect law enforcement officers from criminal and administrative liability

as they carried out their mandate to serve and protect the community. It provides

guidance on Philippine National Police policy and procedures for its personnel,

particularly those in the field, which must be strictly followed in all aspects of

police work. All officers must therefore familiarize themselves with the contents

of the PNP Operational Procedures Manual so that they are aware of their

responsibilities and can carry them out properly.

ALTERNATIVE INNOVATION OR INTERVENTION PLAN

PROGRAM PROPOSED
“CHAIN OF CUSTODY”

Rationale

This first program is to be overlooked in order to fully explain the vital chain of

guardianship of the held upon example. The term "chain of custody" refers to the

properly recorded approved developments and care of held onto narcotics or

controlled synthetics from the time of seizure/seizure to receipt in the legal

research institution to supervision to present in court for destruction. This chain of

custody must be followed:

(1)The apprehending team having initial (2) Provided, That the physical

custody and control of the dangerous drugs, inventory and photograph shall

controlled precursors and essential chemicals, be conducted at the place where

instruments/paraphernalia and/or laboratory the search warrant is served; or

equipment shall, immediately after seizure and at the nearest police station or at

confiscation, conduct a physical inventory of the nearest office of the

the seized items and photograph the same in apprehending officer/team,

the presence of the accused or the person/s whichever is practicable, in case

from whom such items were confiscated of warrantless seizures:

and/or seized, or his/her representative or

counsel, with an elected public official and a

representative of the National Prosecution

Service or the media who shall be required to

sign the copies of the inventory and be given a

copy thereof:

(3) Provided, finally, that noncompliance of (4)A certification of the forensic

these requirements under justifiable grounds, laboratory examination results,

as long as the integrity and the evidentiary which shall be done by the

value of the seized items are properly forensic laboratory examiner,

preserved by the apprehending officer/team, shall be issued immediately

shall not render void and invalid such seizures upon the receipt of the subject

and custody over said items. item/s:

(5) Provided, that when the volume of (6) Provided, however, that a

dangerous drugs, plant sources of dangerous final certification shall be issued

drugs, and controlled precursors and essential immediately upon completion of

chemicals does not allow the completion of the said examination and

testing within the time frame, a partial certification.

laboratory examination report shall be

provisionally issued stating therein the

quantities of dangerous drugs still to be

examined by the forensic laboratory:

The active support and participation of the police officers and PDEA will

create a great impact to a successful operation toward Dangerous Drug in the

community with the help also of the Community.

PROGRAM PROPOSED
“PNP OPERATIONAL PROCEDURE”
Rationale

The publication of the PNP Operational Procedures Manual comes at a best time

when there is a need to improve the consistency and timeliness of our policies and

procedures and align them with the relevant provisions of law and the principles

of human rights and to provide better access to justice.

OBJECTIVE PROGRAM PERSONS

INVOLVED

To improve the quality of

“Revisiting and revising Philippine National
police service and resolve
the PNP Operational Police
organizational dysfunctions Procedures Manual”
in order to transform the
PNP into a more capable,
effective, and credible
police force.

The revision of POP Manual seeks to improve and strengthen police

operations that are geared towards patrol, law enforcement, internal security and

public safety. Furthermore, it will prevent, if not eliminate operational lapses in

the field and ensure the success of our operations; bring the right perpetrators of

the crimes to the courts of justice and encourage the public’s full support and

cooperation in our peace and order.

RECOMMENDATION

1. To the Police Personnel. They should expand their services and hold a

seminar to assist police officers and future police officers in the conduct of

drug-related operations. They also urge that criminology students and

future police officers be assisted in gaining appropriate knowledge and

abilities in the preparation of police operation.

2. To the LGU’s. They should provide the PNP Organization with sufficient

funding to cover their demands and enable them to efficiently carry out

their obligations. In addition, the PNP should hold a course on how to be

an effective investigator.

CONCLUSION

According to the study's findings, the effect of failing to mark seized drugs

and failing to mark the sachet itself during a buy bust operation is a common

lapse of the PNP. It is also well established that in criminal cases involving illegal

drugs, the presentation of the drugs that form the corpus delicti of the crime

necessitates the need to prove with moral certainty that they are the identical

seized things. The lack of convincing identification of the illegal narcotics

purportedly taken from the accused, as in this case, severely militates against a

conviction. Because there is still a reasonable doubt about the identity of the

narcotics purportedly seized from the accused, his acquittal should be expected.
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revisited. J. Youth Adolesc;42:921–938.

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https://bit.ly/38hn2zA
 CURRICULUM VITAE

Name : Pretzel M. Cagmat

Nickname : “Pretz/King-king”
Birth date : October 29, 1999
Address : Sinacaban Misamis Occidental
Age : 22
Nationality : Filipino
Religion : Roman Catholic
Sex : Female
Civil Status : Single
Father’s Name: Kenn F. Cagmat
Mother’s Name: Prelinda M. Cagmat
Educational Background

Tertiary : Bachelor of Science in Criminology

Gov. Alfonso D. Tan College

Maloro, Tangub City

Secondary : Misamis University

Ozamiz City

Sinonoc National High School

Sinonoc, Sinacaban, Misamis Occidental

Elementary : Sinacaban Central school

Poblacion, Sinacaban Misamis Occidental

Organization : Criminology Intensive Training Unit / CITU

Gov. Alfonso D. Tan College

Tangub City
Name : Mary Ann R. Castro
Date of Birth : March 23, 1999
Place of Birth : Centro Hulpa, Tudela
Home Address : Centro Hulpa, Tudela
Civil Status : Single
Age : 22
Citizenship : Filipino
Gender : Female
Height : 5’1
Religion : Iglesia Filipina Independiente (IFI)
Mother’s Name : Analyn R. Castro

Educational Background

Tertiary : Bachelor of Science in Criminology

Gov. Alfonso D. Tan College
Maloro, Tangub City, Misamis Occidental
December 2021

Senior High School : Accountancy Business and Management

Tudela National Comprehensive High School
Centro Napu, Tudela Misamis Occidental
2017-2018

Secondary : Tudela National Comprehensive High School

Basirang, Tudela Misamis Occidental
` 2014-2015

Elementary : Tudela Central School

Centro Napu, Tudela Misamis Occidental
2010-2011

ORGANIZATIONAL AFFILIATIONS

2018-2022 : Member
Criminology Intensive Training Units
Gov. Alfonso D. Tan College
Maloro, Tangub City
Name : Khent Aldrine C. Cabrera
Nick Name : Khent
Date of Birth : June, 5 1999
Place of Birth : Balucot, Tambulig, ZDS
Age : 22
Home Address : Balucot Tambulig , ZDS
Citizenship : Filipino
Gender : Male
Civil Status : Single
Religion : Roman Catholic

EDUCATIONAL BACKGROUND

Tertiary : BACHELOR OF SCIENCE IN CRIMINOLOGY

Gov. Alfonso D. Tan College

Maloro, Tangub City

2018 - 2022

Senior High : SAN ISIDRO HIGH SCHOOL

Tambulig, Zamboanga Del Sur

2016 – 2018

Junior High : SAN ISIDRO HIGH SCHOOL

Tambulig, Zamboanga Del Sur

2012 – 2018

Elementary : FABIAN ELEMENTARY SCHOOL

Tambulig, Zamboanga del Sur

2007 - 2012

ORGANIZATIONAL/AFFILIATION

January 26-28, 2019 :CRIMINOLOGY PREPARETORY TRAINING

Gov. Alfonso D. Tan College