Question & AnswerQ&A (MEMORANDUM CIRCULAR BJMP-LSO-)
The main purpose of the Memorandum Circular BJMP-LSO- dated March 09, 2018, is to prescribe the guidelines on the purchase, installation, and use of Cell Phone Signal Jamming devices in jails.
Cell phone jamming devices are defined as radio instruments used to prevent cellular or mobile phones from receiving signals from or transmitting signals to base stations.
Cell phones are considered nuisance contrabands inside Philippine jails; they are not classified as illegal under Philippine laws but are forbidden by jail rules under the BJMP Comprehensive Operations Manual Revised 2015.
The National Telecommunications Commission Memorandum Order No. 01-02-2013 prohibits the sale, purchase, importation, possession, or use of cellular mobile repeaters including cellular mobile jamming devices without proper authorization.
Only duly licensed Cellular Mobile Telephone System (CMTS) Operators, the National Disaster Risk Reduction & Management Council (NDRRMC), and such other government agencies/instrumentalities performing functions vital to national security or safety authorized by the NTC are allowed to purchase, import, possess, and use such devices.
The BJMP, its Regional Offices, or jail units must seek authorization from the National Telecommunications Commission (NTC) for the purchase of cell phone signal jamming devices to be used inside jail facilities.
The supplier must secure from the NTC Quality Management System a Permit to Import (if applicable), Permit to Possess, Type Acceptance/Approval Certificate, and Grant of Equipment Conformity Certificate.
Cell phone jamming devices must be installed and used exclusively inside jail facilities to disable the use of cell phones within the jail, and their jamming effect must be limited within the jail facility and not extend beyond it.
No, pursuant to Republic Act No. 4200 and Republic Act No. 8792, cell phone jamming devices may not be used to intercept, listen to, or record communications inside jail facilities without authorization from the Court of Appeals and only for specified crimes.
Authorized surveillance can be done in cases involving treason, espionage, provoking war and disloyalty in case of war, piracy, mutiny in the high seas, rebellion, conspiracy and proposal to commit rebellion, inciting to rebellion, sedition-related crimes, kidnapping as defined by the Revised Penal Code, violations against national security, and terrorism.
All recordings, excerpts, summaries, and any notes made in connection with such surveillance must be deposited within 48 hours after the expiration of the authorized period with the authorizing division of the Court of Appeals, accompanied by a joint affidavit of the applicant jail officers and their team.
The supplier is responsible for the proper maintenance of the cell phone jamming devices and to ensure that such devices do not cause harm to public networks outside the system of operations and the public.
If any provision is declared invalid or unauthorized by a competent authority, the other provisions not affected shall remain valid and effective.
While the circular itself prescribes policies and procedures, ignoring the rules may lead to violations under pertinent laws referenced including the National Telecommunications Commission regulations and Republic Acts on privacy and telecommunications.