Proper Handling, Custody and Disposition of Seized Dangerous Drugs, Controlled Precursors and Essential Chemicals and Paraphernalia

May 10, 2017

BJMP-DI STANDARD OPERATING PROCEDURE NO. 18-17

 

I. REFERENCES

a. Section 21, RA 9165, as amended by Section 1 of RA 10640;

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

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

d. PDEA-BJMP Manual of Operations in the Conduct of Search and Seizure of Dangerous Drugs, Controlled Precursors and Essential Chemicals, and Drug Paraphernalia in the Jail Facilities;

e. People vs. Macabare, G.R. No. 179941, 24 August 2009;

f. United States vs. Nenadich, 689 F. Supp. 285 [S.D.N.Y 1988];

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

h. PDEA-BJMP Memorandum of Agreement;

i. Minutes of Consultative Meeting on Compendium of Policies on Contraband Management in Jails dated January 13, 2017; 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

Drug use in jails and its related consequences is a continuing problem and is a considerable organizational concern. Based on studies, people who use illegal drugs are likely to maintain their vices even when incarcerated so long as they have the resource. Although some individuals do stop or reduce their use of drugs when they are sent to jail, others initiate drug use or engage in more damaging behaviors when they are imprisoned. In addition to drug dependence, PDLs who use drugs also experience poorer health than the general population, with higher prevalence to blood-borne infections as well as high rates of mental illness. They are also exposed to possible infliction of self-harm and suicide notwithstanding violence brought about by narcotics trade issues among PDLs.

Time and again, the Bureau has demonstrated its strong stance to fight illegal drugs in jails. Apart from its anti-illegal drug operations being initiated thru regular conduct of greyhound operations and surprise cell search, it has showed consistency in its effort to combat this menace thru the use of canine detection teams, random drug-testing of PDLs and personnel, and sustained intelligence gathering as well as collaboration with other law enforcement agencies.

However, despite these measures, illegal drugs are still found in jails during shakedown operations. Studies have shown that the existence of illegal drugs in jails can be attributed to a mix of PDL ingenuity, complicit visitors, by mail, and corrupt jail personnel that have kept the level of drug abuse constant despite concerted efforts to eliminate it. Based on studies, human intervention has been the evident cause of this dilemma, which can be adequately addressed by the provisions of Republic Act No. 9165, as amended by RA 10640, along with the Bureau's unrelenting anti-drug efforts.

Moreover, this policy was crafted in compliance with R.A. 10640 provisions, which provides for the strict observance of the proper handling of seized dangerous drugs, controlled precursors and essential chemicals, and paraphernalia. This is to ensure that personalities involved in illegal drug activities shall be successfully prosecuted within the ambit of the law once apprehended in jails.

III. PURPOSE

Establish the procedures for the proper handling of confiscated dangerous drugs, controlled precursors and essential chemicals and drug paraphernalia; 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 policy encompasses the confiscation of dangerous drugs, controlled precursors and essential chemicals, and drug paraphernalia including those possessed by PDLs, those intercepted during an attempt to smuggle them to the jail facility, and those found inside the jail premises.

IV. OBJECTIVES

a. To establish the procedures for systematic handling, custody, and disposition of seized dangerous drugs, controlled precursors and chemicals and drug paraphernalia; and

b. To instill to the PDLs, visitors and personnel the seriousness of the Bureau in implementing programs aimed to prevent proliferation of dangerous drugs controlled precursors and essential chemicals and drug paraphernalia contrabands and disciplinary procedures in smuggling the same 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 whether as physical evidence or not, which begins when evidence is collected and ends when the evidence is disposed.

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.

Controlled Precursors and Essential Chemicals — include those listed in Tables I and II of the 1988 UN Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.

Dangerous Drugs — include those listed in the Schedules annexed to the 1961 Single Convention of Narcotic Drugs, as amended by the 1972 Protocol, and in the Schedules annexed to the 1971 Single Convention on Psychotropic Substances.

Drug Paraphernalia — means "any equipment, product or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into human body controlled substances."

Non-Drug Evidence — refers to the evidence other than dangerous drugs and controlled precursors and essential chemicals.

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.

Visitor/s — as used operationally, are persons other than jail officers who enter the jail premises, which could either, members of law enforcement agencies, inmates' families and relatives, or service providers among others.

VI. GENERAL GUIDELINES

1. PROPER HANDLING

a. Jail officers who confiscated/seized dangerous drugs, controlled precursors and essential chemicals, instruments/paraphernalia and/or laboratory equipment from PDLs and visitors shall immediately place the same in a self-sealing transparent plastic bag. The confiscated items shall be accounted in the presence of the PDL/s and visitors as the case may be and should be reflected in the CPCM Form No. 1. Contraband Evidence Tag.

b. Pursuant to Section 21 of R.A. 9165, as amended by Section 1 para 1 of R.A. 10640, physical inventory and photograph shall be made in the presence of the accused or the person/s from whom such items were confiscated and/or seized, or his/her representative or counsel, with an elected 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 the copy thereof, provided that the physical inventory and photograph shall be conducted at the place where the seizure was conducted.

c. In cases where there is non-compliance of these requirements under justifiable grounds, the same shall not render the seizure and custody over said items void and invalid, for as long as the evidentiary value of the seized items are properly preserved by the apprehending officer/team.

d. In cases where the visitors and jail officers were apprehended for possessing dangerous drugs, controlled precursors and essential chemicals and drug paraphernalia, the same procedure in para b shall be observed. In addition, the apprehending officer shall put the suspect/s on hold pending turn over to the nearest police station for proper custody.

e. In circumstances where visitor/s and a PDL were apprehended together in a cell for violation of RA 9165, the jail investigation unit shall process the case and inquest proceeding with the Prosecutor. Moreover, the visitor/s apprehended shall be turned over to the police together with the case folder/s.

f. In unusual circumstances where PDL dorm officials were the one who were able to confiscate dangerous drugs, controlled precursors and essential chemicals and drug paraphernalia, jail investigator shall assume the responsibility of placing the PDL-possessor under arrest at the statement of the dorm officials; nonetheless, such dorm official shall execute an Affidavit, with the facts surrounding the said confiscation. Moreover, the apprehending inmate shall fill up the CPCM Form No. 2A. Chain of Custody Form.

g. As a rule, possession [of the contraband items] under the law includes not only actual possession, but also constructive possession. Actual possession is having physical custody or control of an object. Actual possession also sometimes called possession in fact, is used to describe immediate physical contact. Constructive possession exists when drug items and paraphernalia is under the dominion and control of the accused or when he has the right to exercise dominion and control over the place where it is found. Exclusive possession or control is not necessary and the accused cannot avoid conviction if the right to exercise control and dominion over the place where the contraband is located is shared with another PDL.

h. The jail investigation unit shall maintain a copy of all case folders for violations of RA 9165 that happened within the jail premises for future reference.

2. TEMPORARY CUSTODY AND EVENTUAL DISPOSITION

a. Pursuant to Section 21 of R.A. 9165, as amended by Section 1 para 2 of R.A. 10640, within twenty-four (24) hours upon confiscation/seizure of dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals as well as instruments/paraphernalia, and/or laboratory equipment, the same shall be submitted to the PDEA Forensic Laboratory for a qualitative and quantitative examination.

b. As provided in Section 21 of R.A. 9165, as amended by Section 1 para 3 of R.A. 10640, a certification of the forensic laboratory examination results, which shall be done by the forensic laboratory examiner, shall be issued immediately upon the receipt of the subject item/s, provided, that when the volume of dangerous drugs, and controlled precursors and essential chemicals does not allow the completion of testing within the time frame, a partial laboratory examination report shall be provisionally issued stating therein the quantities of dangerous drugs still to be examined by the forensic laboratory. A final certification shall be issued immediately upon completion of said examination and certification.

c. In jurisdictions where there is no Regional PDEA, appropriate case/s shall be filed against any personality (visitor, PDL, and jail officer) for violation of any provisions cited herein to the nearest PNP station.

d. Aside from the proper entry in the CPCM Form 2. Chain of Custody Form, the property custodian or the jail investigation unit shall also reflect the disposition of illegal drug 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 affected by such declaration shall remain valid and effective.

VIII. PENALTY CLAUSE

Personnel found violating any provision or part of this SOP shall be charged administratively in accordance with the BJMP Administrative Disciplinary Machinery without prejudice for possible prosecution for any violation committed under the provisions of Republic Act No. 9165.

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 Confiscated Illegal Drugs, CPECS and Paraphernalia

B. Procedures in Handling, Custody and Disposition of Confiscated Illegal Drugs, CPECS and Paraphernalia

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