RECEIVED

Republic of the Philippines (2 are SEP anaur

House of Representatives é é SH “L
NINETEENTH CONGRESS
Third Regular Session
HOUSE BILL nol 9901

Introduced by Rep. Luisa Lloren Cuaresma
Lone District of Nueva Vizcaya

EXPLANATORY NOTE

Article 2, Section 5 of the 1987 Constitution states that: “The maintenance of peace
and order, the protection of life, liberty, and property and promotion of the general welfare
are essential for the enjoyment be all the people of the blessings of democracy.”

The use of body-wom camera by law enforcement officers (e.g., arresting and seizing
officers, sheriffs, corrections officers, SWAT and other tactical responders) offers
noteworthy advantages in keeping officers and citizens safe, enabling situational awareness
and providing evidence for trial for any official proceedings.

‘The intensified anti-drug campaign had come under fire from local and international
human rights groups, prompted by the alleged killings of more than 7,000 mainly poor users
and pushers. Many policemen that were involved in the alleged killings maintained that they
only acted in self-defense. Most suspects would often argue they were “set-up” by the
arresting officers.

Sheriffs have extraordinary authority and responsibility to enforce judgements and to
take practical measures to solve various sets of human problems that challenge the goal of
having a peaceful community. However, whenever sheriffs enforce the execution of
judgements, they would often be assaulted by different adverse and losing parties, groups and
organizations.

Traffic and Parking Bureau members in Manila are now required to wear body
cameras to avoid “under-the-table” transactions between traffic enforcers and violators after
terminating 690 members of the MTPB following many complaints from motorists
concerning their alleged extortion activities.

The right of the people, including those employed in the public and private sectors, to
form unions, associations, or societies for purposes not contrary to law and the freedom of
speech, of expression, or of the press, or the right of the people peaceably to assemble and
petition the government for redress of grievances is duly recognized.


However, there have been cases where highest degree of restraint that the military, police,
and other peace keeping authorities shall observe during a public assembly or in the dispersal
of the same is not observed due to alleged assaults of the demonstrators.

The above-mentioned operations are just a few of the various types of interactions that
law enforcers perform on a daily basis and there are many more executed on a daily basis
where body-worn cameras could support. Among the types of interactions include service
call, primary response, self-initiated public contact, surveillance, motorcycle or patrol
operations, emergency response, vehicle or site searches, transfer of inmates or detainees by
correction officers to and from the court, tactical operations and many more.

The International Association of Chiefs of Police (IACP herein after) in the United
States measured the impact cameras have had on the judicial process, The study found that
an overwhelming ninety one percent (91%) have used video evidence in court that was
captured from an in-car camera and body worn cameras. They reported that he presence of
video evidence enhances their ability to obtain convictions and increases the number of
guilty pleas prior to going to trial. The majority of the prosecutors (58%) reported a reduction
in the time they actually spent in court, although when video evidence was used, 41 percent
of prosecutors reported an increase in their case preparation time ([ACP,2004)

Protection of law enforcers is of paramount importance. Law enforcers are frequently
assaulted while performing their functions. A bulk of administrative cases were filed due to
technical and procedural errors of law enforcers while performing their duties. The use of a
camera system, whether in-car or body-worn, can deter violence or other negative behavior
and help to convict a person who would choose to attack an officer. It may also reveal other
information that might not normally be recorded by officers.

The use of cameras has been said to help improve the accountability of police officers
as well as reduce the number of complaints of police misconduct. There are number of
reports where cameras have cleared officers of “wrongdoing” once the video evidence was
reviewed, as opposed to only 5 percent of complaint cases being sustained (as studied using
in-car camera as the representative system) (IACP, 2004).

Body-worn camera thus promotes transparency, provides audit trails, speed up
proceedings, declog court dockets and aid in administration of justice in various types of
interaction that law enforcers perform on a daily basis that protects not only the law enforcers
by citizens alike.

In view of the foregoing, the passage of this bill is earnestly sought.

ISA LLOREN CUARESMA


Republic of the Philippines
House of Representatives

NINETEENTH CONGRESS
Third Regular Session

HOUSE BILL NO.. 10901

Introduced by Rep. Luisa Lloren Cuaresma
Lone District of Nueva Vizcaya

AN ACT MANDATING ALL ENFORCEMENT OFFICERS OF ALL
GOVERNMENT INSTITUTIONS, AGENCIES AND SUBDIVISIONS TO WEAR
BODY-WORN CAMERAS IN THEIR OPERATIONS TO PROMOTE
TRANSPARENCY, TO AID ADMINISTRATION OF JUSTICE AND TO PROTECT
CITIZENS AND OFFICERS ALIKE AND APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and House of Representatives of the P!
assembled:

ines in Congress

SECTION 1. Short Title — This Act shall be known as the “Body-Worn Cameras
Act”

SECTION 2. Declaration of Policy — It is the prime duty of the Government to serve
and protect the people, to maintain peace and order, to protect life, liberty, and to promote
the general welfare as essential for the enjoyment by all the people of the blessings of
democracy.

The use of body-worn camera systems by law enforcement officers offers significant
advantages which includes:

(a) Increased transparency and citizen views of police legitimacy;

(b) Improved behavior and civility among both police officers and citizens;

(c) Improve the accountability of police officers as well as reduce the number of
complaints of police misconduct; and

(d) Increased evidentiary benefits that expedite resolution of citizen complaints or
lawsuits and improving evidence for arrest and prosecution.

SECTION 3. Definition of Terms — For the purpose of this Act, the following terms
shall be used under the definition provided hereof, to wit:


(a) Body-Worn Camera — Body-worn audio and video, also known as body cameras and
body-worn camera (BDC herein after), is an audio and video recording system that is
typically utilized by law enforcement to record their interactions with the public or
gather video evidence at crime scenes.

(b) Law Enforcement Agency - refers to all Government agencies, institutions. It includes
but not limited to the Philippine National Police, National Bureau of Investigation,
Philippine Drug Enforcement Agency, and the Bureau of Customs:

(c) Law Enforcers - refers to the body of Government employees trained in methods of
law enforcement and crime prevention and detection and authorized to maintain peace
and order. It includes but not limited to arresting officer, seizing officer, corrections
officer, and court sheriff.

(d) Certificate of Authenticity — Certificate issued by the law enforcement agency to
support the audio and video recording taken from a BWC which purports to confirm
the authenticity of the recording.

SECTION 4. Placement of BWC — BWC is a mobile audio and video capturing
device that allows law enforcers to record what they will see and hear. Units can be mounted
in several areas to include, around the ear or head, on a helmet or hat, on the lapel, pocket,
badge or in many other parts of the body which should clearly capture the interaction
between the law enforcer and other parties involved in the operation. BWC lenses should not
be obstructed.

The law enforcement agency shall consider other factors to determine the proper
placement and mounting of the BWCs which highly depend on the type of interactions
involved.

SECTION 5. Specifications to Consider — For the purpose of this Act, the following
shall be considered in procuring BWC.

(a) Battery life

(b) Video quality

(c) Recording limits

(d) Night recording

(¢) Camera focal width must have a wide point-of-view

(£) Audio recording

(g) Weather resistant

(h) Time and date stamp shall be clearly seen in the video recording

(i) Data storage

(j) Encryption and other security features necessary to protect the BWC and the data
storage.

(k) Control number assigned to each unit shall be clearly stamped within the video for
audit and control purposes.

SECTION 6. Restrictions on the Use of BWC — For the purpose of this Act, the
following limitations must be applied:


(a) Warrantless capturing of photo or video images of people where they have an
expectation of privacy is strictly prohibited.

(b) Use of BWC other than those that are intended for purpose of this Act shall be
prohibited.

(c) Only authorized and trained law enforcers shall use BWC in the performance of their
duties.

SECTION 7. Training - Proper training on policies and equipment is a must, the
implementing agency should ensure that a thorough logistics plan is in place prior to
implementation. Training should not only be for use of the BWC but also for the law
enforcer’s perception of the camera. Law enforcement officers should understand the primary
purpose of cameras is for evidence collection and officer safety and transparency. Officers
will need to understand that monitoring officer performance and improving public relations
also come with the camera use.

SECTION 8. Data Storage and Management — For the purpose of this Act, the
following data storage and management must be considered.

(a) Storage issues, such as how long and who has the access to the recordings;

(b) Each BWC units must have time and date stamp and control number while recording;

(c) Not only must the data be protected and backed up regularly, it must be accessible to
all parties involved;

(d) Crime recordings must be managed by law and through policies. Even video of
standard officer interaction maybe retained for a default period of time to cover
potential performance complaints;

(e) Policies should control the period of time this data is maintained. As recordings
becomes more or less important to your law enforcement agency, adjustments need to
be made; and

(£) The law enforcers may review the video recordings they have taken provided that they
are accompanied by the custodian at all times. Provided further, they may review only
for the purposes intended by this Act.

(g) The law enforcement agency shall appoint custodian to supervise, control and secure
BWC units, its storage, database management and ensure its authenticity and integrity.

(h) The custodian shall provide logbook that will show the name of the law enforcer who
will use the BWC, date and time used and returned. The logbook shall be submitted
monthly or as may deem necessary to the Department head where the database is
stored for audit and authentication purposes.

Database must protect data at all times with evidence encryption. Once filmed nothing
can be deleted from the unit and the information is fully encrypted. Video must be uploaded
to a secured server within the law enforcement agency. An audit trail is created that shows
who has used it, and when, not only useful for processing the evidence through the criminal
justice system but to guard against leaks.


SECTION 9. Allowed Use and Disclosure — The use, viewing, copying, or
disclosure of video feeds and recordings obtained pursuant to the purposes of this Act shall
only be allowed in any of the following circumstances:

(a) Use, viewing, copying, or disclosure to a member or officer of a law enforcement
agency in connection with and limited to the investigation or prosecution of an offense
punishable by law or regulation;

(b) Use, viewing, copying, or disclosure in connection with any pending criminal,
administrative or civil proceeding shall be allowed provided that it is accompanied by
a request from a judge, quasi-judicial body or head of the law enforcement agency; or

(c) Viewing of persons to determine whether or not an offense was committed against the
person or property, to ascertain the identity of a criminal perpetrator, and to determine
the manner by which the offense was perpetrated may be allowed provided that they
acquire permit from the department head where the data is stored, provided further,
they shall be accompanied by the custodian at all times.

SECTION 10. Admissibility as Evidence — For the purposes mentioned in this Act,
the audio and video recording taken from BWC shall be admissible as evidence civil,
administrative, criminal or any official proceedings without prejudice to the Rules on
Evidence and other special laws.

Certificate of Authenticity or any of the following stated in SECTION 11 hereof shall
be attached to the records in any proceedings without prejudice to the Rules on Evidence and
other special laws.

SECTION 11. Manner of Authentication — Before any recorded data taken from
BWC offered as authentic is received in evidence, its authenticity must be proved by any of
the following means:

(a) By evidence that it had taken by the person purported to have taken the same:

() By Certificate of Authenticity issued by the law enforcement agency to certify its
authenticity shall be signed be all the following:
1. BWC custodian, and
2. Department head where the database is being stored

(c) By other appropriate security procedures or devices as may be authorized by the
Supreme Court or by law for authentication of electronic data are applied to the audio
and video recording taken; or

(d) By other evidence showing its integrity and reliability to the satisfaction of the judge.

SECTION 12. Implementing Rules and Regulations — Within ninety (90) days
from the defectivity of this Act, the law enforcement agency in consultation with appropriate
government agencies and other stakeholders shall promulgate the necessary rules and
regulations as may be necessary to carry out the purpose of this Act.


SECTION 13. Penal Clause - Altering, destroying, suppressing or concealing any
recording, or object, with intent to impair its verity, authenticity, legibility, or admissibility
as evidence in any investigation of or official proceeding in, civil, criminal or administrative
cased shall be punishable with imprisonment of not exceeding six (6) months, or a fine not
exceeding five thousand pesos(P5,000.00), or both without prejudice to other civil, criminal
and administrative liabilities that may arise therefrom.

SECTION 14. Appropriations — All government institutions, agencies and
subdivisions shall immediately include the operationalization of the BCWs, the funding of
which shall be included in the annual General Appropriations Act.

SECTION 15. Separability Clause - Should any provision of this Act be
subsequently declared unconstitutional, the same shall not affect the validity or the legality of
the other provisions.

SECTION 16. Effectivity Clause - This Act shall take effect after fifteen (15) days
after its publication in the Official Gazette or newspaper of general circulation.

Approved,