Proper Handling, Custody and Disposition of Excessive Money and Jewelry

May 3, 2017

BJMP-DI STANDARD OPERATING PROCEDURE NO. 15-17

 

I. REFERENCES

a. BJMP SOP No. 2004-02 dated 14 November 2004 re: Control of Contraband and Physical Evidence;

b. Memorandum from OIC, BJMP dated 19 February 2013 re: Additional Guidelines re: BJMP SOP No. 2004-02;

c. BJMP-DI-SOP-014 dated January 18, 2017 re: Revised List of Authorized Personal Properties of Inmates;

d. SMART Communications, Inc. and Pilipino Telephone Corporation vs. National Telecommunications Commission, G.R. 151908, August 12, 2003;

e. Globe Telecom, Inc. and Isla Communication Co., Inc. vs. Court of Appeals and National Telecommunication Commission, G.R. 152063, August 12, 2003;

f. Section 44 Chapter V Book VI EO 292 Series of 1987;

g. Sections 63 and 65 PD 1445;

h. Consultative Meeting on Compendium of Policies on the Contraband Management in Jails dated January 13, 2017; CAIHTE

i. Minutes of Consultative Meeting on the Compendium of Policies of Contraband Management in Jails; and

j. Recommendation of Legal Service Office re: Use of "PDL" in lieu of "inmate" pursuant to Article 10, International Covenant on Civil and Political Rights (ICCPR).

II. BACKGROUND/RATIONALE

Money serves several key functions in our economy. It is a medium of exchange, a unit of account, and a store of value. This helps to facilitate trade between people in the economy that generally recognized it as valuable. Since most people recognize the same as valuable, they are willing to trade money for goods and services.

Jewelry as described are small decorative item worn for personal adornment. These are used for several reasons such as being functional in the case of wrist watch, as a social and personal status in the case of rings, and even as a collateral in lieu of a loan to other people, among others.

Jails as a community have economic activities such as buying and selling. It is a complex environment where PDLs consider any valuable items as a medium of exchange, especially money and jewelry. The BJMP recognizes the need for the PDLs to possess valuable items such as money, especially if the purpose of which is to help finance other needs while incarcerated. However, several experiences in the past connotes the need to limit these valuable items because they are used for illegal activities that most of the time hampers rehabilitation efforts, security and safety of the jail in general.

In response to this call, the BJMP issued BJMP-DI-SOP 014 or the Revised List of Authorized Personal Properties for Person Deprived of Liberty (PDL) that allows the PDL to possess money worth P1000/week at any one time and jewelry limited to wristwatch and wedding and/or professional ring only.

Moreover, there were a lot of greyhound operations conducted in the past that resulted to the confiscations of large amounts of money, but in the absence of a concrete policy, most of the money that were not subjected to administrative or criminal proceedings were given back to the owners or PDLs, which were eventually used inside the jail all over again. DETACa

Hence, there is a need to come up with a uniform policy to supplement BJMP-DI-SOP 014, to manage excessive money and unauthorized jewelry confiscated during surprise search or planned greyhound operations, on the premise that all contrabands should be confiscated in favor of the government. Likewise, jurisprudence supports that BJMP, as an administrative agency, could exercise its quasi-legislative power or rule-making power to come up with sound policies and guidelines, to manage excessive money and jewelry from the time it was confiscated until its eventual disposition.

III. PURPOSE

Establish a uniform policy that would address the issue of handling, custody and disposition of confiscated excessive money and unauthorized jewelry; delineate functions and responsibilities of personnel having authority to handle confiscated contrabands of these kinds; lay down standards for the proper disposition of such items; and set specific guidelines for the conduct thereof.

This standard operating procedure shall not cover the management of the same items owned by visitors.

IV. OBJECTIVES

a. To establish the procedures for systematic handling, custody, and disposition of seized excessive money and jewelry; and

b. To imbibe to the PDLs, visitors and personnel the seriousness of the Bureau in implementing policies aimed at preventing accumulation of excessive money and jewelry used as medium for illegal trade and smuggling in jails.

V. DEFINITION OF TERMS

Chain of Custody — refers to a written record of names and dates on the flow of custody of an item of physical evidence, which begins when evidence is collected and ends when the evidence is disposed. aDSIHc

Contraband — any item or article inside the jail facility, which is not issued to the PDLs by the BJMP; those that are prohibited by law, which include but not limited to dangerous drugs, firearms and ammunitions; and those that are considered unauthorized and/or excessive based on the existing policies whether or not they pose risks.

Jewelry — are decorative objects that PDLs wear on their body. Excessive jewelries are operationally defined as jewelries, except for wedding rings and wristwatches that are not included in the Revised List of Authorized Personal Properties of Person Deprived of Liberty.

Money — something generally accepted as a medium of exchange, a measure of value, or a means of payment, such as officially coined or stamped metal currency, money of account and paper money. Excessive money, are operationally defined in excess of P1000.00 per week at any one time for PDL cited in the Revised List of Authorized Personal Properties of PDL.

Person Deprived of Liberty (PDL) — are detainees who are incarcerated pending trial and/or final judgment. It includes all persons who are arrested, detained, imprisoned or otherwise under custody of the government authorities. PDLs may be held in jails, prisons, detention centers, "lock-ups", hospitals, rehabilitation centers or any authorized facilities.

Physical Evidence — items with evidentiary value and requires presentation before a court of justice or administrative tribunal in relation to pending disciplinary, administrative and criminal proceedings.

VI. GENERAL GUIDELINES

1. PROPER HANDLING

a. Personnel who confiscated/seized excessive amount of money and jewelries from a PDL during conduct of planned greyhound operations or surprise search shall immediately place the same in a self-sealing transparent plastic bag. The item/s shall be accounted in the PDL's presence and exact amount should be reflected in the contraband evidence tag. If the personnel, who confiscated/seized the excessive amount of money or jewelry, found the items sewn in the clothing/belongings of the PDL or if found in their cells, he/she should exert effort to identify the real owner of the said items. The personnel who confiscated the items shall issue a receipt to the owner citing the exact amount of the money. ETHIDa

 However, if the PDL disclaims ownership, he/she shall sign a disclaimer form and the personnel who confiscated the items should reflect in the contraband evidence tag that such item has no owner. If the PDL refuses to sign the disclaimer, the personnel shall record the refusal for documentation purposes. On the other hand, if the PDL claims ownership, then procedures in para a shall be followed. The items shall then be turned over to the jail investigation unit for inventory, taking of photographs, recording and other requirements for documentation. If possible, the item/s should be photographed together with the owner.

 Confiscated excessive money and jewelry in the custody of the Jail Property Custodian should be turned over to the Regional Office Property Custodian at the soonest time or within a period not exceeding thirty (30) days from the receipt thereof. In all cases, the Regional Investigation and Prosecution Division or the Directorate for Investigation and Prosecution as the case may be, shall conduct thorough investigation as basis to justify declaration of confiscated items as contraband.

b. The same procedures apply when excessive money or jewelry was confiscated during greyhound operation conducted by the Regional Office or National Headquarters. However, the team leader from the Regional Office or National Headquarters as the case may be, shall take the custody of the said items and turn over the same to respective Property Custodian (Region and National Headquarters Level). In all cases, no excessive money or jewelry shall be returned to the Warden.

2. PROPER CUSTODY

a. Personnel designated as Property Custodian shall, upon receipt of the seized items, record into his/her logbook the date and time the contraband was turned over, the identity and office of the personnel who handed the item/s. He/She shall recount the items in the presence of the personnel delivering the item/s. In case of disparity in the amount declared to the actual, a disclosure should be made to the evidence tag. cSEDTC

b. While the items are not yet relinquished to competent authority, any personnel who have the custody of the same shall record the contrabands in his/her custodian's logbook and should be reflected in the Chain of Custody Form.

c. Contraband considered, as physical evidence in any administrative, disciplinary or criminal proceedings shall be kept safe at respective safety vaults at all times and can only be released for presentation in court or administrative tribunal when issued with a writ such as the subpoena duces tecum.

3. DISPOSITION

a. Jewelry — A Contraband Disposal Committee (CDC) is hereby created which shall be composed of the Regional Director as Chairperson who shall be assisted by the ARDO as Vice Chairperson, and the Chiefs of Operations, Investigation and Prosecution, Intelligence, Inmates Welfare and Development and a representative from the Commission on Audit as members. At the NHQ level, the committee shall be chaired by the Deputy Chief for Operations who shall be assisted by the Director for Operations as Vice Chairperson, Directors for Intelligence, Investigation and Prosecution, Inmates Welfare and Development and a representative from the Commission on Audit as members.

 Disposal of confiscated unauthorized jewelry items contemplated herein shall be undertaken primarily thru public auction. Such mode of disposal shall observe and adhere to mechanics and procedures provided by applicable laws and issuances.

 For justifiable reasons, and as demanded by the exigencies of the service, disposal of unauthorized jewelry items thru negotiated sale may be resorted to and undertaken by the CDC.

 In both modes of disposal, a supplemental policy shall be issued for the purpose.

b. Money — Except for items considered as physical evidence, all excessive money considered as contraband after investigation including proceeds from the sale of jewelry shall be credited to the National Treasury as unappropriated surplus of the General Fund of the Government through the Regional Collecting Officer or the Collecting Officer of Finance Service Office as the case may be, incompliance with the provision stipulated in Section 63. (Accounting for moneys and property received by public officials in Presidential Decree 1445, otherwise known as the State Audit Code of the Philippines). SDAaTC

c. Physical evidence in administrative proceeding/s shall, upon termination of the case and issuance of clearance for disposition by the Hearing Officer, shall be treated in accordance with para a and b.

d. Disposition of all moneys and jewelry considered as contraband, that are presently under BJMP custody, shall be disposed off in accordance with para a and b.

e. The property custodian or the jail investigation unit shall reflect the disposition of excessive money and unauthorized jewelry items in CPCM Form 6. Authorization for Disposition of Contraband Items.

VII. SEPARABILITY CLAUSE

In the event that any provision or part of this Standard Operating Procedure has been declared unauthorized or rendered invalid by a competent authority, those provisions not so affected by such declaration shall remain valid and effective.

VIII. PENALTY CLAUSE

Personnel found violating any provisions or part of this SOP shall be charged administratively in accordance with the BJMP Administrative Disciplinary Machinery.

IX. REPEALING CLAUSE

All existing issuances that are inconsistent with this policy are hereby rescinded or modified accordingly.

X. EFFECTIVITY

This policy shall take effect fifteen (15) days after registration with the Office of National Administrative Register (ONAR).

Prepared by:

(SGD.) JINSP. MARC FRANCIS T. BAUYAChief, Project Management and

(SGD.) J/SSUPT. ARNEL S. GONGONA, DSCDirector for Intelligence

Reviewed by:

(SGD.) J/CSUPT. ALLAN S. IRAL, CESEDeputy Chief for Operation

Approved by:

(SGD.) J/DIR. SERAFIN P. BARRETTO JR., CESO IVChief, BJMP

ATTACHMENT

A. Procedures in Handling, Custody and Disposition of Excessive Money and Jewelries

CPCM FORM NO. 1

Contraband Evidence Tag

Republic of the PhilippinesBUREAU OF JAIL MANAGEMENT AND PENOLOGY

_____________________Region

___________________________Name of Jail

 

Sequential Number
Number of Items Tagged
Description of Items
Exact location where items was seized
Nature of crime/Reason for seizure

Date item was seized

Time Item was seized

 

INMATE/ACCUSED INFORMATION

 

NAME	Nature of Offense	Criminal Case No.
1.
2.
If other than the inmate:
1.
Address:
Witness/es:
PRINTED NAME AND SIGNATURE of Reporting Officer Completing this Form

CPCM FORM NO. 2A

Chain of Custody Form

________________________Region_____________________________Name of Jail

Contraband Sequential Number: _______________________________________________

Description (Condition): _____________________________________________________

Contraband/Evidence Received By: ____________________________________________

Contraband/Evidence Received From: __________________________________________

Date: _______________________________ Time: ________________________________

Contraband/Evidence Stored At: _______________________________________________

Contraband Sequential Number: _______________________________________________

Description (Condition): _____________________________________________________

Contraband/Evidence Received By: ____________________________________________

Contraband/Evidence Received From: __________________________________________

Date: _______________________________ Time: ________________________________

Contraband/Evidence Stored At: _______________________________________________

Contraband Sequential Number: _______________________________________________

Description (Condition): _____________________________________________________

Contraband/Evidence Received By: ____________________________________________

Contraband/Evidence Received From: __________________________________________

Date: _______________________________ Time: ________________________________

Contraband/Evidence Stored At: _______________________________________________

Contraband Sequential Number: _______________________________________________

Description (Condition): _____________________________________________________

Contraband/Evidence Received By: ____________________________________________

Contraband/Evidence Received From: __________________________________________

Date: _______________________________ Time: ________________________________

Contraband/Evidence Stored At: _______________________________________________

CPCM FORM NO. 6

Authorization for Disposition of Contraband Items

Sequential Number: ____________________________________________________

Description (Condition): ________________________________________________

Method of Disposition (check one box)

[ ] Destroy

[ ] Return to the owner

______________________________________

[ ] Sale/Auctioned

[ ] Retain for agency use

______________________________________

[ ] Forward to another Office

______________________________________

[ ] Currency Deposited

____________________________________________________________________

Authorized/Approved by (Name):

______________________________________

Authorized/Approved by (Signature):

______________________________________

Date: _____________________

Disposition pursuant to court order: [ ] Yes (attach copy) [ ] No

CPCM FORM NO. 8

Inmate Disclaimer Form

I, ________________________________________________ (Name of Disclaimant Inmate), in accordance with the provisions of BJMP existing policies of seized money/jewelry, do hereby irrevocably disclaim any title or interest in the money/jewelry found in _____________________________________________, said disclaimed money/jewelry being more particularly described as follows: acEHCD

(Description of the Money/Jewelry Seized)

That I hereby affixed my signature before to attest the truthfulness of the aforementioned facts.

_______________________________________

Witnessed by:

___________________________________

_________________________________

Inmate Disclaimer Form

Ako si, _______________________________________________ (Pangalan ng Inmate), naaayon sa mga polisiya ng BJMP ukol sa mga nakumpiskang pera/alahas, ay nagtatanggi ng pag-aari o interes sa mga pera/alahas nakumpiska sa ________________________________________, ang nabanggit na pera/alahas ay inilalarawan ayon sa mga sumusunod:

(Paglalarawan sa mga nakumpiskang pera/alahas)

Na inilagda ko ang aking pangalan sa ibaba bilang patunay sa mga isinaad ko.

__________________________

Sinaksihan nina:

__________________________

__________________________

CPCM FORM NO. 9

PDL Personal Property Relinquishment Form

If you are the rightful owner of personal property donated and you wish to relinquish your interest in the personal property to another individual, you must complete this form and submit the same with all the required information described in the filing instructions. SDHTEC

I, ____________________________________ (Print First, Middle, Last Name), donor, hereby relinquishes all rights and interests, transfers and conveys by way of donation the following personal properties to the BJMP thru its authorized representative whose name and signature appear below:

(Include No. of items and description of the personal properties donated)

1.

2.

3.

4.

5.

6.

7.

I, _______________________________________ (Name of the Warden-Print First, Middle, Last), donee, representing the BJMP hereby accepts the abovementioned personal properties.

In witness whereof, both parties hereunder subscribed their names this _________ of _________at City of __________________.

_________________________________ ______________________

Witnesses:

_____________________________ __________________________________

PDL Personal Property Relinquishment Form

Kung ikaw ang tunay na nagmamay-ari ng mga baggy na ipinagkaloob bilang donasyon at nais mo ng talikuran ang iyong interes ukol sa mga bagay na iyon para sa taong kanyang pagbibigyan ay kailangan mong punan at lagdaan ang dokumentong ito at ibigay ang mga impormasyong hinihingi dito.

Ako, si __________________________, nagkakaloob ng mga sumusunod na bagay, ay tinatalikuran ang lahat ng karapatan at interes, naglilipat at nagpapasa, sa pamamagitan ng donasyon, ng mga bagay na iyon sa BJMP na kinakatawan ng taong may pangalan at lagda sa ibaba.

(Ilagay ang bilang at paglalarawan ng mga donasyon)

1.

2.

3.

4.

5.

Ako, si ____________________________, kumakatawan sa pinagkalooban na BJMP, ay tinatanggap ang mga nabanggit na bagay. AScHCD

Kusang-loob na nilagdaan ngayoing ika-____ ng _______ taong _______ sa Lungsod ng ____________________.

___________________________ ___________________

Mga Saksi:

___________________________ _________________________________