DRUG-CLEARED AND

DRUG-FREE JAIL
FACILITIES
Definition of Terms
Drug-Unaffected Jail – there are no existence and presence of
BJMP personnel and persons deprived of liberty (PDL) involved in
illegal drug activities.

Drug-Affected Jail – there is an existence or presence of any

illegal drug activities of BJMP personnel and persons deprived of
liberty such as but not limited to user, pusher, smuggler and
protector or other drug personalities involved therein.
Definition of Terms
Drug-Cleared Jail – previously classified as a drug-affected jail
and was subjected to drug-clearing operations and declared free
from any illegal drug activities pursuant to the parameters set forth
in the Memorandum of Agreement on Jail Drug-Clearing
Operations.
Definition of Terms
Protector – any person who knowingly and willfully consents to the
illegal drug activity and uses his/her influence, power or position in
shielding, harboring, screening or facilitating the escape of any
person he/she knows, or has reasonable grounds to believe on or
suspects, has violated the provisions of R.A. No. 9165 and P.D.
No. 1619 in order to prevent the arrest, prosecution and conviction
of the violator.
Definition of Terms
Pusher – any person who sells, trades, administers, dispenses,
delivers or gives away to another, on any terms whatsoever, or
distributes, dispatches in transit or transports dangerous drug who
acts as a broker in any of such transactions.

Smuggler – any person engaged in the illegal cultivation, culture,

delivery, administration, dispensation, manufacture, sale, trading,
transportation, distribution, importation, exportation and
possession of any dangerous drug and/or controlled precursor
and essential chemical.
Definition of Terms
User – any person who injects, consumes, or otherwise
introduces into the psychological system of the body, any of the
dangerous drugs.

Other Drug Personalities – the term shall include any person who
persons any of the above enumerated illegal drug activities within
the premises of jail facilities.
Requisites in Classification of Jails
a. Verification of drug personalities actively involved in illegal drug
activities;

b. Conduct of drug testing for personnel and PDL; and

c. Conduct of searches and seizures operations.

Verification of Drug Personalities
Upon request of BJMP, PDEA shall initiate the conduct of
verification and validation with other law enforcement agencies
and establish the proper identification of the personalities in jail
facilities/PDL if they are actively involved in illegal drug activities
for the purposes of classification as mentioned in the preceding
section.
Conduct of Drug Testing
All BJMP personnel assigned in every jail and its PDL shall be
subjected to mandatory and random drug testing, respectively.
Only government forensics laboratories and other drug testing
laboratories/centers accredited and monitored by Department of
Health are authorized to conduct drug testing.

a. The Regional Directors of the Jail Bureau through their

respective Jail Wardens shall coordinate with the Local Chief
Executives for the funding requirements and necessary conduct of
drug tests.
Conduct of Drug Testing
b. In the absence of funding requirement from Local Chief
Executives, the Regional Directors of the Jail Bureau shall
coordinate with the Chief, BJMP for funding requirement and
facilitate the conduct of drug testing to all PDLs including BJMP
personnel assigned in a Drug-Affected Jail. All conduct of drug
testing shall as much as possible, be surprised,

c. The Regional Directors of the Jail Bureau shall coordinate with

authorized drug testing centers that, as much as possible, blood
and/or urine specimens shall be used for drug test.
Conduct of Drug Testing
d. The Regional Directors of the Jail Bureau shall secure the
original and/or authenticated copy of the drug test results and its
certification relative to the general result of the drug tests of
personnel and PDL (to be indicated in Drug-free Policy of the
Agency).
Confidentiality of Operation
No information will be disclosed as to which jail facility will be the
subject of the operation and in no manner will the members be
allowed to discuss any of the information or directive conveyed
during the briefing and even after the conduct of drug-clearing
operation. The Ground Commander shall ensure the
confidentiality of the operation to the extent of confiscating the
cellular phones of all members and prohibiting them from contact
with non-members of the team until the search and seizure is
conducted.
Conduct of Confirmatory Search and Seizure
To validate that indeed the proliferation of drug has stopped in the
BJMP facilities, searches shall be conducted for three (3)
consecutive months with PDEA to ensure that there are no more
illegal drugs in the facilities. All search and seizure for illegal drugs
and other contrabands shall be conducted in accordance with the
PDEA-BJMP Manual of Operation in the Conduct of Search and
Seizure of Dangerous Drugs, Control Precursors and Essential
Chemicals, and Drug Paraphernalia in the Jail Facilities. Further,
the shall conduct search and seizure operation in the jail facility if
necessary.
Advocacy Campaign and Symposium on Drug-Free Workplace

All personnel under any classification of jails under this IRR must
attend symposium on drug-free workplace. Moreover, advocacy
campaign to all personnel and PDLs on the ill effects of drugs and
other related topics shall also be conducted in all BJMP facilities.
To support this program, a trainer’s raining may be provided to
select BJMP personnel regarding drug identification, ill effects of
drugs, emerging drugs, drug situation, and salient provisions of
RA 9165 and way forward.
Oversight Committee
Chairperson: PDEA regional Director or Representative
Vice-Chairperson: DILG Regional Director or Representative
Members: BJMP Regional Director or Representative
DOH Regional Director or Representative
LGU Regional Executive or Representative
Parameters to be declared as Drug – Free Jail Facility

a. Absence of drug personalities in the jail facility from the drug watch list;

b. Absence of drug users (negative result of drug tests) and other illegal acts
defined in Section 3 (i). Rule I of this IRR in the jail facility.

c. Absence of any illegal drugs, drug paraphernalia and other substance

defined in P.D. 1619 during the conduct of search and seizure operations
in jail facility for three (3) consecutive months with PDEA; and

d. Conduct of Advocacy Campaign and Symposium on Drug – Free

Workplace in the jail facility.
Parameter to be declared as Drug – Cleared Jail Facility
a. Removal of drug personalities from jail and/or from the drug watch list;

b. Absence of drug users (negative result of drug results) and other illegal
acts defined in Section 3 (i), Rule I of this IRR in the jail facility;

c. Absence of any illegal drugs, drug paraphernalia and other substance

defined in P.D. 1619 during the conduct of search and seizure operations
in jail facility for three (3) consecutive months with PDEA;

d. Conduct of advocacy campaign and symposium on Drug – Free

Workplace in the jail facility; and

e. Completion of intervention programs under TCMP of the PDL, if tested

positive for drug use.
Issuance of Certification
No jail shall be certified by the Committee as Drug – Free Jail
Facility or Drug – Cleared Jail Facility, as the case me be, unless
the procedures outlined in Annexes “A” and “B” respectively have
been satisfactorily compiled with. The Certification to be issued
shall stipulate that the facility is drug cleared as of the last date of
search and seizure operation conducted in the said jail facility.
Continuous Monitoring of Drug-Free/ Cleared Jail Facilities

The BJMP shall continuously monitor all Drug-Free / Cleared Jail

Facilities, in the event that there are new reports or incidence of
any illegal drug activities, the BJMP shall immediately act on the
report within 30 days, otherwise, failure to act shall automatically
revoke the same to the procedures under Annex B.
Filing of Criminal and/or Administrative Charges

The BJMP shall cause necessary filing of grave misconduct

against BMJP personnel found positive for drug use after
confirmation including other unlawful acts committed by personnel
and PDL under Article II of R.A No. 9165 and P.D. No. 169.
However, PDL drug test results may not be used in a criminal
prosecution.