BJMP SOP on Jail Cell Phone Jammer Use

Legal basis and referenced laws

Republic Act No. 4200 governs and penalizes wire tapping and other related violations of the privacy of communication and is used to control the permissible conduct involving jamming devices.
Republic Act No. 9372 is cited to support safeguards related to terrorism-related threats.
Republic Act No. 7925 and Republic Act No. 8792 are cited for rules on electronic transactions and documents, and for related legal compliance in communications matters.
Act No. 3846 governs the regulation of public and radio communications in the Philippines.
National Telecommunications Commission Memorandum Order No. 01-02-2013 is cited as the authority governing the prohibition and authorization framework for cellular mobile repeater including cellular mobile jamming devices.
BJMP Comprehensive Operations Manual Revised 2015 is cited for jail rules treating cell phones as nuisance contraband.
Memorandum Circular BJMP SOP No. 2004-02 (14 November 2004) is cited as the prior BJMP SOP standard on installation of cell phone signal jammers.
Memorandum Circular No. 1-04-88 (Rules and Regulations Governing Equipment Provided by Customers/Subscribers of Public Networks) is cited for supplier information requirements.
House Bill No. 258 is listed under references.

Policy purpose and rationale

The SOP prescribes guidelines to ensure cell phone signal jamming devices are used in jail facilities to prevent cell phone use inside jails.
Cell phones are treated as nuisance contraband under BJMP Comprehensive Operations Manual Revised 2015, and the SOP operationalizes jail control by regulating jamming devices.
The SOP aligns with National Telecommunications Commission Memorandum Order No. 01-02-2013, which prohibits unauthorized use and authorizes only specified entities for purchase/import/possession/use of cellular mobile repeater including cellular mobile jamming devices.

Key definitions

Cell phone jamming devices are radio instruments used to prevent cellular or mobile phones from receiving signals from or transmitting signals to base stations.
Customer Premises Equipment is equipment located in the premises of a customer or subscriber, for connection to public telecommunications network facilities.

Purchase authorization and supplier requirements

BJMP, its Regional Offices, or jail units must seek authorization from the National Telecommunications Commission for the purchase of cell phone signal jamming devices to be used inside jail facilities.
The supplier must seek, through the NTC Quality Management System, the following for the applicable quality policy requirements:
- a Permit to Import (if applicable),
- a Permit to Possess,
- a Type Acceptance/Approval Certificate, and
- a Grant of Equipment Conformity Certificate.
The supplier must provide compliance information required for equipment provided by customers/subscribers of public networks, specifically:
- the name of the supplier,
- the location/address where the cell phone jammer is to be installed,
- quantity, type, make, model, serial number, and original supplier of the cell phone jammer, and
- pertinent technical information as may be deemed necessary by the network operator.
The supplier is responsible for proper maintenance of the cell phone jamming devices and must ensure the devices shall not cause harm to public network outside the system of operations and the public.

Installation and lawful use limits

Cell phone jamming devices must be used exclusively within the jail facility to disable the use of cell phones inside jails and must not be used for commercial purposes.
Cell phone jamming devices must be limited within the jail facility and must not extend beyond the jail facility.
Cell phone jamming devices must be used only in a manner that prevents those inside jails from gaining access to mobile network services.
In relation to privacy and interceptive conduct, cell phone jamming devices must not be used to listen to, intercept and record any message, conversation, discussion, or spoken or written words made by persons within jail facilities without:
- (a) authorization of the Court of Appeals, and
- (b) surveillance on crimes involving the following:
  - 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, conspiracy to commit sedition; inciting to sedition
  - kidnapping as defined by the Revised Penal Code
  - violations of Commonwealth Act No. 616, punishing espionage and other offenses against national security
  - terrorism
When recordings are made under Court of Appeals authorization, all recordings (including all excerpts and summaries and all written notes or memoranda) must be deposited within forty-eight (48) hours after the expiration of the period fixed in the written order of the authorizing division of the Court of Appeals, or within forty-eight (48) hours after the expiration of any extension or renewal granted by the Court of Appeals.
The required deposit must be made with the authorizing Division of the Court of Appeals in a sealed envelope or sealed package, and must be accompanied by a joint affidavit of the applicant jail officers and his/her team.

Separability, repealing, and modification

If any provision or part of the policy is declared unauthorized or rendered invalid by a competent authority, the provisions not affected by that declaration remain valid and effective.
All other existing issuances inconsistent with the policy are rescinded or modified accordingly.