Proper Handling, Custody and Disposition of Seized Deadly Weapons

May 10, 2017

BJMP-DI STANDARD OPERATING PROCEDURE NO. 19-17

 

I. REFERENCES

a. Implementing Rules and Regulations of RA No. 10591;

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. Batas Pambansa Blg. 6;

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

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

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

h. 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

Violence in jails occurs due to the diverse PDL with varied criminal background. The three (3) different types of attacks are PDL on PDL, PDL on guard, and self-infliction. These attacks can either be impulsive and spontaneous or well planned and premeditated. Factors such as escape plan, gang rivalries, overcrowding, minor disputes, psychological differences, right/effective PDL classification and jail design contributes to any form of violence. The Bureau continuously maintains intelligence and security measures to avoid, or at least better deal with these situations. Practical measures such as greyhound operations, placing violent PDLs and gang leaders into isolation, balancing the cells by critically examining each PDL to see where they are likely to reside peacefully, reducing blind spots, and training as well as educating personnel, should be in place in order to respond to these circumstances. ISHCcT

Most PDLs who get into violence are armed with firearms, knives and pointed improvised weapons. More destructive weapons are also being found in some jails such as hand grenades, long firearms and improvised shotguns. Inmates also use objects that can easily be improvised such as shanks (knives), clubs, daggers, razors, and saps (hard objects placed inside a sack), or toothbrush, pitchers, hot pots, and broom handles. Some are even available in the jail cooperative store or supplied by service providers or the Bureau itself such as fashioned metal post of a bunk bed or cell door's edge and the like. Predicting and preventing all jail violence is an impossible task albeit strong intelligence and OPLAN dry runs to prepare for any and every unexpected situation. Nevertheless, one of the effective measures to avoid, or at least limit incidents is to detect, confiscate and flush out these contrabands out of jail premises.

This policy aims to ensure that those weapons found inside jails will never be accessed by PDLs. It is formulated as a precautionary measure by providing a systematic procedure to be observed when taking custody of these weapons and its eventual disposition.

III. PURPOSE

Establish a uniform policy that addresses the issue in handling, custody and disposition of confiscated deadly weapons; 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.

IV. OBJECTIVES

a. To establish the procedures for systematic handling, custody, and disposition of seized deadly weapons.

b. To instill to the PDLs, visitors and personnel the seriousness of the Bureau in implementing programs aimed at preventing proliferation of deadly weapons and the disciplinary procedures in smuggling the same in jails.

V. DEFINITION OF TERMS

Ammunition — refers to a complete unfixed unit consisting of a bullet, gunpowder, cartridge case and primer or loaded shell for use in any firearm. CAacTH

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.

Confiscated firearm — refers to a firearm that is taken into custody by the PNP, National Bureau of Investigation (NBI), Philippine Drug Enforcement Agency (PDEA), and all other law enforcement agencies by reason of their mandate and must be necessarily reported or turned over to the PNP Firearms and Explosives Office.

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.

Deadly Weapon/s — are generally defined as a firearm or anything manifestly designed, made, or adapted for purposes of inflicting death or serious physical injury. The term includes, but is not limited to, a pistol, rifle, or shotgun; or a switch-blade knife, gravity knife, stiletto, sword, or dagger, or any billy, black-jack, bludgeon, metal knuckles and improvised weapons.

Firearm — refers to any handheld or portable weapon, whether a small arm or light weapon, that expels or is designed to expel a bullet, shot, slug, missile or any projectile, which is discharged by means of expansive force of gases from burning gunpowder or other form of combustion or any similar instrument or implement. For purposes of this, the barrel, frame or receiver is considered a firearm.

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 deadly weapons from PDLs and visitors shall immediately place the same in a self-sealing transparent plastic bag, if deemed practical especially in the case of firearms and ammunitions. The confiscated items shall be accounted in the presence of the PDLs and visitors, as the case may be and should be reflected in the evidence tag. IAETDc

b. If seized items were from PDLs during surprise search and/or planned greyhound, physical inventory and photograph shall be made in the presence of Dorm leaders, Officer of the Day or visitors if present during search. If seized items were from visitors, physical inventory and photograph shall be made in the presence of two (2) witnesses who shall be required to sign the copies of the inventory and be given the copy thereof. The physical inventory and photograph shall be conducted at the place where the seizure was conducted.

c. During photographs, the apprehending personnel should make sure that the seized item/s together with the suspect should be included for documentation.

d. In the case of visitors, apprehending personnel should put the suspect/s on hold pending turn over to the nearest police station for custody.

e. 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 a deadly weapon 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.

f. In unusual circumstances where PDL dorm officials were the one who were able to confiscate deadly weapons, jail investigators shall assume the responsibility of placing the PDL possessor under arrest at the statement of the dorm official. Nonetheless, such dorm official shall execute an Affidavit stating the facts surrounding the said confiscation, and the apprehending PDL should fill up the Chain of Custody form.

g. In circumstances where a visitor and a PDL were apprehended together for violation of RA 10591, the jail investigation unit shall process the case and inquest proceeding with the Prosecutor, provided, that the visitor apprehended shall be turned over to the custody of the police together with the case folder.

h. In all cases, the jail investigation unit should maintain separate case folders for future reference.

2. PROPER CUSTODY

a. Personnel designated as Property Custodian shall, upon receipt of the turned over contraband, record into his/her logbook the date and time the contraband was turned over and the identity and office of the personnel who handed in the item. DcHSEa

b. Each jail unit shall have contraband/physical evidence storage system for this kind of contraband and the jail investigation unit/property custodian as the case may be, shall ensure proper security of the repository area. Unless otherwise authorized by the Warden, Regional Director or Director for Operations as the case may be, only the property custodian shall have the access to all contraband items under his/her watch.

c. While the items are not yet relinquished to competent authority, any personnel who has the custody of the same shall record the deadly weapons in his/her custodian's logbook as well as reflect the same in the Chain of Custody Form.

3. DISPOSITION

a. All firearms taken in custody by the personnel who seized the same shall be necessarily reported and turned over to the PNP-Firearms and Explosive Office.

b. After the pendency of the case, all confiscated and forfeited firearms or parts thereof, ammunitions, machinery tools or instruments used as evidence in court shall be turn-over to the PNP-Firearms and Explosives Office for final disposition in accordance with law.

c. Unique or unusual improvised weapons may be salvaged and used for educational purposes. Such items shall be submitted to the Directorate for Operations along with proper documentation.

d. Other deadly weapons not considered as physical evidence shall be made inoperable and properly disposed upon the discretion of the Warden.

e. All seized deadly weapons that are presently under BJMP custody, shall be disposed off in accordance with the provisions cited therein.

f. Disposal of all contraband items of this kind including those considered as physical evidence in a proceeding after clearance issued by the Hearing Officer shall be recorded in the CPCM Form No. 6. Authorization for Disposition of Contraband Items. SCaITA

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 without prejudice for possible prosecution for any violation committed under the provisions of Republic Act No. 10591 and Batas Pambansa Blg. 6.

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 Deadly Weapons

 

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