FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
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Introduced by Seuator Miriam Defensor Srultiago 
EXPLANATORY NOTE 
False conCessions have led to the conviction of many innocent persons, Research done 
by the Innocence Project, an organization based in the Benjamin N, Cardozo School of Law at 
Yeshiva University in New York revealed that 25 percent of the over 220 wrongful convictions 
oveliurned by DNA evidence in the US. have involved some form of a false confession. 
Researchers who studied this phenomenou· have determined that the following factors contribute 
to or cause false confessions: 
• Real or perceived intimidation of the suspect by law enforcement; 
• Use of force by law enforcement during the interrogation, or perceived threat of force; 
• Compromised reasoning ability of the suspect, due to exhaustion, stress, hunger, 
suhstance use, and, in some cases, mental limitations, or limited education; 
• Devious interrogation techniques, such as untme statements about the presence of 
incriminating evidence; and 
• Fear, on the part of the suspect, that failure to confess will yield a harsher punishment. 
The Philippines has laws which outline the rights of the accused in custodial 
investigations; however, a practical and effective means to ensure that these rights will be upheld 
and protected should be established. 
One such method to prevent the occurrence of "false confessions" that would lead to 
wrongful convictions is to make an electronic recording of the entire intelTogation process. The 
Innocence Project has recommended specific changes in the practice of suspect interrogations in 
the U.S., including the mandatory electronic recording of interrogations, which has been shown 
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to decrease the number of false confessions and increase the reliability of confessions as 
evidence. To dale, approximately 500 jurisdictions in the U.S. have voluntarily adopted 
recording policies. 
An electronic recording of interrogations helps the innocent by creating a record of the 
entire interrogation, including the interaction leading up to the confession and creating a 
deterrent against improper or coercive techniques that might be employed absent the presence of 
a recording device. On the other hand, the recording also assists law enforcement, by preventing 
disputes about how an officer conducted himself or treated a suspect, and capturing subtle details 
thaI may be lost if unrecorded which helps law enforcement better investigate the crime. I 
] Originally filed during 14th Congres, 3rd Regular Session. 
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FIFTEENTH CONGRESS OF THE REPUBLIC 
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OF THE PHTLTPPINES 
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First Regular Session 
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SENljTE 
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Introduced by Senator Miriam Defensor Santiago 
AN ACT 
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DIRECTING THE ELECTRONIC RECORDING OF CUSTODIAL INTERROGATIONS 
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TO PROTECT THE CONSTITUTIONAL RIGHTS OF THE ACCUSED DURING 
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CUSTODIAL INVESTIGATIONS 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1, Short Title, - This Act shall be known as the "Integrity in Interrogations 
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Act." 
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SECTION 2, Declaration of Policy - It is the policy of the State to protect the rights of 
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the accLlsed during custodial investigations, To prevent "false confessions" from the accused 
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leading to wrongful convictions, it shall establish an objective record of what transpired during 
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the course of the interrogation process. 
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SECTION 3. Definitions. -
For purposes of this Act, the term: 
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A. "Place of detention" means ajail, police station, holding cell, correctional or detention 
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facility, or other place where persons are questioned in connection with criminal charges or 
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juvenile delinquency proceedings. 
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B. "Custodial interrogation" means any questioning done during custodial investigation, 
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involving a law enforcement officer's questioning that is reasonably likely to elicit incriminating 
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responses and in which a reasonable person in the subject's position would consider himself to 
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be in custody, beginning when a person should have been advised of his rights as au accused and 
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ending when the questioning has completely finished. 
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C. "Custodial investigation" is any inquiry initiated by law enforcement officers after a 
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person has been taken into custody or othelwise deprived of his freedom of action in any 
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significant way. 
It shall include the practice of issuing an "invitation" to a person who is 
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investigated in connection with an offense he is suspected to have committed, without prejudice 
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to the liability of the "inviting" officer for any violation oflaw. 
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D. "Electronic recording" or "electronically recorded" means an audio and visual 
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recording that is an authentic, accurate, unaltered record of a custodial intenogation. 
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E. "Statement" means an oral, written, sign language or nonverbal communication. 
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SECTION 4. Electronic Recording Procedures. -
lOA. All statements made by a person during a custodial intenogation shall be 
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electronically recorded using equipment capable of audio-visual recording. The recording 
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equipment shall be simultaneously focused upon both the interrogator and the suspect. All 
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recording shall commence with the proper identification of all persons involved in the 
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interrogation. 
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B. If any part of the intel1'0gation necessarily takes place ontside of a place of detention, 
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or if audio and video equipment are not available, audio recording maybe resorted to, provided 
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all persons present during the interro~ation shall properly identify themselves during the 
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recording, and provided further that a pnblic prosecutor certifies to the unavailability of proper 
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equipment. 
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C. The interrogating officers shall infol1'l1 the persons under custodial intel1'0gation of the 
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recording. 
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SECTION 5. Presumption of Inadmissibility - Except as provided in Sections 6 of this 
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Act, all statements made by a person during a custodial intel1'0gation that are not electronically 
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recorded, and all statements made thereafter by the person during the custodial inten'ogations, 
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including but not limited to statements that are electronically recorded, shall be inadmissible as 
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evidence against the person in any criminal or juvenile delinquency proceeding brought against 
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the person. 
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SECTION 6. Overcoming the Presumption of Inadmissibility. - The presumption of 
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inadmissibility of statements provided in Section 5 of this Act may be overcome, and statements 
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that were not electronically recorded may be admitted into evidence in a criminal or juvenile 
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delinquency proceeding brought against the person, if the court finds: 
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A. That the statements are admissible under applicable rules of evidence; 
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B. Before or during a custodial interrogation, after having consulted with his or her 
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lawyer, the person unambiguously declared on videotape that he or she would only respond to 
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the officer's questions ifhis or her statements were not electronically recorded; 
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C. Exigent circumstances existed which prevented the making of, or rendered it not 
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feasible to make, an electronic recording of the custodial intelTogation. 
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SECTION 7. Monitoring Requirement. -
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A. Compliance with the electronic recording requirement shall be monitored by the 
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Department of Justice (DOJ) through the submission of fOlTl1s developed by the DOJ to survey 
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recorded interrogations and outcomes and identify any patterns of noncompliance. These fOlTl1s 
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shall be submitted by the trial judge and the prosecutor for: 
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1. cases in which recorded interrogations were introduced as evidence in a criminal case; 
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2. cases in which intelTogations were not recorded but were nonetheless introduced as 
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evidence in a criminal case; 
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3. cases in which intelTOgations were recorded and a plea of guilty to felony charges was 
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entered and accepted by the court; and 
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4. cases in which intelTogations were not recorded and a plea of guilty to felony charges 
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was entered and accepted by the court. . 
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B. Compliance with the electronic recording requirement shall be monitored by the 
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Philippine National Police (PNP) through the submission of forms by the interrogating officer(s) 
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in each case of recorded and unrecorded interrogation. These forms shall be developed by the 
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PNP, with the expectation that the reporting forms shall identify any patterns of noncompliance. 
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SECTION 9. Handling and Preservation of Electronic Recordings. 
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A. Every electronic recording of a custodial interrogation shall be properly authenticated 
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and clearly identified and catalogued by law enforcement personnel. The DO] shall take steps to 
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ensure proper standards in the process of authentication and cataloguing of electronic recordings. 
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B. If a criminal or juvenile delinquency proceeding is brought against a person who was 
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the subject of an electronically recorded custodial interrogation, the electronic recording shall be 
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preserved until all appeals, post-conviction and habeas COlpUS proceedings are final and 
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concluded, or the time within which such proceedings must be brought has expired. 
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C. If no criminal or juvenile delinquency proceeding is brought against a person who has 
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been the subject of an electronically recorded custodial interrogation, the related electronic 
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recording shall be preserved by law' enforcement personnel until all applicable statutes of 
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limitations bar prosecution ofthe person. 
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D. The DO] may establish regional storage facilities for electronic recordings which shall 
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be sufficiently protected and equipped with the proper technology needed to preserve the 
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recordings. 
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E. Should technology be developed that would preserve the data in the electronic 
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recording in a more effective, efficient and practical manner, the electronic recording may be 
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transferred to such technology. The DO] shall establish rules to protect the integrity of the 
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electronic recording proposed to be transferred. 
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SECTION 10. Appropriation. -
To carry out the provisions of this Act, such amount as 
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may be necessary is hereby authorized to be appropriated from the National Treasury. 
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Thereafter, the amount necessary for the continuous monitoring, handling and preservation of 
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electronic recordings shall be included in the annual appropriation of the DO] and the PNP. 
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SECTION II. Separability Clause. ~ If any provision or part hereof, is held invalid or 
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unconstitutional, (he remainder of the law or the provision not otherwise affected shall remain 
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valid and subsisting. 
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SECTION 12. Repealing Clause. ~ Any law, presidential decree or issuance, executive 
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order, letler of instruction, administrative order, rule or regulation contrary to or is inconsistent 
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with the provision ofthis Act is hereby repealed, modified, or amended accordingly. 
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SECTION 13. Effectivity Clause. 
~ This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
Approved, 
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