‘Council has no power to ban phones, drones in city jail’

The Cebu City Council has no jurisdiction to prohibit the use of unmanned aerial vehicle (UAV) like drones, cellular phones and other communication devices at the city jail.

This was the opinion rendered by the council’s committee on laws following a proposed ordinance on the matter.

“The committee lauds the gallant intention of the subject proposed ordinance. However, it is with the regret that this Committee finds that the proposed ordinance is beyond the jurisdiction of this Sanggunian to legislate,” the committee report read.

Citing Republic Act No. 6975, the Bureau of Jail Management and Penology has sole authority and discretion to ban communication devices and UAV in all city and municipal jails, according to Councilor Raymond Alvin Garcia, chairman of the committee on laws.

“As such, the BJMP may promulgate rules similar to what the proposed ordinance seeks to legislate without the need of an ordinance from this Sanggunian,” he said.

The committee recommended Councilor David Tumulak, who penned the proposed ordinance, to write BJMP a letter about the measure.

Tumulak, however, said there is a need to come up with such ordinance, noting the incessant entry of contraband items into the jail.

“We all know that there are some inmate-members of organized crimes, especially related to drugs. Majority of the arrested pushers received instructions through mobile phones from the inmates themselves,” he said, adding that Mandaue City has passed an ordinance banning communication devices in its jails.

The councilor said he will submit anew the proposed ordinance to the council for approval.

“I hope we are one in fighting against illegal drugs and criminality in the city,” he said.