Legal References
- Cites relevant laws and regulations including:
- Republic Act No. 4200 (prohibits wiretapping and protects communication privacy)
- Republic Act No. 9372 (Anti-Terrorism Act)
- Republic Acts No. 7925 and 8792 (Electronic Commerce Act and related penalties)
- Act No. 3846 (regulation of public and radio communications)
- NTC Memorandum Order No. 01-02-2013
- BJMP Comprehensive Operations Manual Revised 2015
- House Bill No. 258
Definitions
- Cell phone jamming devices: Radio instruments that block cell phones from receiving/transmitting signals to base stations.
- Customer Premises Equipment: Equipment located on customer premises connected to public telecommunications networks.
Background and Rationale
- Cell phones are classified as nuisance contraband in jails under BJMP rules.
- SOP No. 2004-02 mandates installation of signal jammers to prevent cell phone use inside jails.
- NTC Memorandum Order prohibits sale, possession, importation, or use of cellular jamming devices except by authorized government agencies including BJMP upon obtaining proper authorization.
Purchase of Cell Phone Signal Jamming Devices
- BJMP and related units must secure authorization from the NTC before purchasing jamming devices.
- Suppliers must obtain from NTC:
- Permit to Import (if applicable)
- Permit to Possess
- Type Acceptance/Approval Certificate
- Equipment Conformity Certificate
- Suppliers must provide information per NTC rules such as supplier name, installation location, device details, and technical data.
- Suppliers are responsible for maintenance and preventing harm to public networks beyond jail premises.
Installation and Use
- Devices can only be used within jail facilities to disable cell phone use.
- Use for commercial purposes or extending signal jamming outside jail premises is prohibited.
- Operation must ensure jammers only block mobile network access inside jail.
- Use of devices to listen, intercept or record communications inside jails is strictly prohibited, except with a Court of Appeals authorization for surveillance related to serious crimes such as:
- Treason, espionage, rebellion, terrorism, piracy, mutiny, sedition, kidnapping, and related offenses.
- All authorized recordings must be submitted to the Court of Appeals within 48 hours after expiration of authorization, accompanied by affidavits from jail officers.
Separability Clause
- If any provision is declared invalid, unaffected provisions remain valid and enforceable.
Repealing Clause
- Previous inconsistent issuances are rescinded or modified to conform with this policy.
Effectivity
- Policy takes effect upon submission to the Office of the National Administrative Register, University of the Philippines Law Center.