Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. 8382

Introduced by HON. JOY MYRA S. TAMBUNTING

EXPLANATORY NOTE

This measure is proposed in light of the alarming reports of violation of rights by the law
enforcement personnel over the past few months. To date, there are numerous complaints lodged
in the Commission on Human Rights over physical abuses committed against suspected criminals
by police officers. These however are contradicted and justified due to suspects’ alleged violent
resistance and attempts to overpower law enforcement personnel.

It is ultimately the responsibility of the state to protect the rights of its citizens and in the same
end, It is upon the State to protect and ensure the welfare of its law enforcement personnel as
they fulfill their duties. Considering the contradictory statements surrounding the alleged physical
abuses and violation of rights by the police, it is incumbent that the State adopt a program to
deter the occurrence of such allegations against law enforcement. This measure seeks to make
body cameras a standard equipment of all law enforcement officers conducting law enforcement
and special police operations. The use of body cameras shall not only serve as a deterrent for law
enforcers from abusing their powers, but it could also protect them from unfounded accusations
of abuse of power and violation of rights by suspects.

On behalf of the people of Parafiaque City’s Second District, and for the common good of the
Filipino people, the approval of the said measure is earnestly sought.

AK 1 fi f
REP. JOY S. TAMBUNTIN'
(_/ 2nd istrict, Parafiaque City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. 8382

Introduced by HON. JOY MYRA S. TAMBUNTING

AN ACT
MANDATING LAW ENFORCEMENT PERSONNEL TO WEAR A BODY CAMERA DURING
LAW ENFORCEMENT AND SPECIAL POLICE OPERATIONS

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Short Title. — This Act shall be known as the "Body Camera Act”.
Sec. 2, Definition of Terms. — As used in this Act:

a. Law enforcement officer means any person authorized by law to prevent, investigate,
apprehend or detain individuals suspected or convicted of offenses under Philippine laws.

b. Law enforcement operation includes service of warrants of arrest, implementation of
search warrants, enforcement of visitorial powers of the Chief Philippine National Police
and unit commanders, anti-illegal drugs operation, anti-illegal gambling operations,
anti-illegal logging operations, anti-illegal fishing operations, anti-camapping operations.
anti-kidnapping operations, anti-cyber crime operations and similar operations that are
conducted to enforce laws, statutes. executive orders and ordinances,

. Subject of the video footage means any law enforcement officer or any suspect. victim,
detainee, conversant, injured party or other similarly situated person who appears on the
body camera recording, and shall not include people who only incidentally appear on the
recording.

d. Special police operation includes checkpoint operation, roadblock operations. civil
disturbance management operations, police assistance in the enforcement of demolition.
eviction. injunction and similar orders, police assistance in the implementation of final
court orders and orders from quasi-judicial bodies, hostage situation, visit board search
and seizure on-board marine vessels and similar police operations that are conducted by
police units with specialized training on the peculiarity of the mission or purpose.

Sec. 3. Body Camera as Standard Equipment for Law Enforcement Personnel. - Within
‘two (2) years upon the effectivity of this Act, a body camera shall become a standard equipment


of all law enforcement officers conducting law enforcement and special police operations. The
heads of all law enforcement agencies shall ensure that the budgetary requirement for the
implementation of this Act shall be incorporated in their respective budgets in the year following
the passage of this Act.

A law enforcement officer authorized to wear a body camera shall ensure that:

a, Such body camera shall be worn in a location and manner that maximizes the camera's
ability to capture video footage of the officer's activities.

b. Both the video and audio recording functions of the body camera shall be activated
whenever said law enforcement officer is responding to a call for service or at the initiation
of any other law enforcement or investigative encounter between a law enforcement
officer and a member of the public, except that when an immediate threat to the officer's
life or safety makes activating the caniera impossible or dangerous, the officer shall
activate the camera at the first reasonable opportunity to do so. The body camera shall
not be deactivated until the encounter has fully concluded and the law enforcement officer
leaves the scene.

c. The subjects of the recording are notified that they are being recorded by a body camera
as close to the inception of the encounter as is reasonably possible.

d. Notwithstanding the requirements of subsection (b):

1. Prior to entering a private residence without a warrant or in non-exigent
circumstances, an occupant shall be asked if said occupant wants the officer to
discontinue use of the officer's body camera. If the occupant responds
affirmatively, said law enforcement officer shall immediately discontinue use of the
body camera;

2, When interacting with an apparent crime victim, as soon as practicable, ask the
apparent crime victim, if the apparent crime victim wants said officer to discontinue
use of the body camera. If the apparent crime victim responds affirmatively, said
law enforcement officer shall immediately discontinue use of the body camera;
and

3. When interacting with a person seeking to anonymously report a crime or assist
in an ongoing law enforcement investigation, said law enforcement officer shall,
aas soon as practicable, ask the person seeking to remain anonymous, if the person
seeking to remain anonymous wants the officer to discontinue use of the officer's
body camera. If the person seeking to remain anonymous responds affirmatively,
the law enforcement officer shall immediately discontinue use of the body camera.

e. All law enforcement offers lo discontinue the use of a body camera made pursuant to
subsection (d), and the responses thereto, shall be recorded by the body camera prior to
discontinuing use of the body camera.

f. Body cameras shall not be used surreptitiously.


g. Body cameras shall not be used to gather intelligence information based on the right to

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free speech, freedom of association or religion, or to record activity that is unrelated to a
response to a call for service or a law enforcement or investigative encounter between a
law enforcement officer and a member of the public.

. Law enforcement officers shalt not activate a body camera while on the grounds of any

public, private or parochial elementary or secondary school. except when responding to
an imminent threat to life or health.

Body camera video footage shall be retained by the law enforcement agency that employs
the officer whose camera captured the footage, or an authorized agent thereof, for six (6)
months from the date it was recorded. after which time such footage shall be permanently
deleted.

Notwithstanding the retention and deletion requirements in subsection (i):

1 Video footage shall be automatically retained for no less than three (3) years if the
video footage captures images involving:

i. Any use of force;

ii. Events leading up to and including an arrest for a felony-level offense. or
events that constitute a felony-level offense; or

iii, An encounter about which a complaint has been registered by a subject of
the video footage.

rs Body camera video footage shall also be retained for no less than three (3) years
if a longer retention period is voluntarily requested by:

i, The law enforcement officer whose body camera recorded the video
footage. if that officer reasonably asseits the video footage has evidentiary
‘or exculpatory value;

ii, Any law enforcement officer who is a subject of the video footage. if that
officer reasonably asserts the video footage has evidentiary or exculpatory
value;

‘Any superior officer of a law enforcement officer whose bod) camera
recorded the video footage or who is a subject or the video footage, if that
superior officer reasonably asserts the video footage has evidentiary or
exculpatory value;

iv. Any law enforcement officer, if the video footage is being retained solely
and exclusively for police training purposes;

vw Any member of the public who is a subject of the video footage;


vi. Any parent or legal guardian of a minor who is a subject of the video
footage; or

vii. A deceased subject's next of kin or legally authorized designee.

. To effectuate Section 3 (j)(2)(v), ((2)(vi) and (j)(2)(vii), any member of the public who
Is a subject of video footage, the part or legal guardian of a minor who Is a subject of the
video footage, or a deceased subject's next of kin or legally authorized designee, shall be
permitted to review that specific video footage in order to make a determination as to
Whether they will voluntarily request it be subject to a three (3) year retention period.

No review or receipt of an accounting of any body camera video footage that is subject
to a minimum three (3) year retention period pursuant to paragraph (j)(1) prior to
completing any required initial reports. statements and interviews regarding the recorded
event be undertaken,

.. Video footage not subject to a minimum three (3) year retention period shall not be viewed
by any superior officer of a law enforcement officer whose body camera recorded the
footage absent a specific allegation of misconduct. nor shall it be subject to automated
analysis or analytics of any kind.

. Video footage shall not be divulged or used by any law enforcement agency for any
commercial or other non-law enforcement purpose.

. Where a law enforcement agency authorizes a third-party to act as its agent in maintaining
bod) camera footage, the agent shall not be permitted to independently access. view or
alter any video footage, except to delete videos as required by law or agency retention
policies.

. Should any law enforcement officer. employee or agent fail to adhere to the recording or
retention requirements contained in this section, or intentionally interfere with a body
camera's ability to accurately capture video footage:

1. Appropriate disciplinary action shall be taken against the individual officer,
employee or agent:

2. A rebuttable evidentiary presumption shall be adopted in favor of criminal
defendants who reasonably assert that exculpatory evidence was destroyed or not
captured; and

3. A rebuttable evidentiary presumption shall be adopted on behalf of civil plaintiffs
suing the government, a law enforcement agency and/or law enforcement officers
for damages based on police misconduct who reasonably assert that evidence
supporting their claim was destroyed or not captured.


q. The disciplinary action requirement and rebuttable presumptions in subsection (r) may be
overcome by contrary evidence or proof of exigent circumstances that made compliance
impossible,

r. Any body camera video footage recorded in contravention of this or any other applicable
law shall be immediately destroyed and shall not be admissible as evidence in any criminal
or civil legal or administrative proceeding.

Nothing in this Section shall be read to contravene any laws governing the maintenance and
destruction of evidence in criminal investigations and prosecutions.

Sec. 4. Exemptions to Public Inspection. — The following video footage shall be exempt from
the public inspection requirements of this Act:

a. Video footage not subject to a minimum three (3) year retention period pursuant to
section 3 (j);

b. Video footage that is subject to a minimum three (3) year retention period solely and
exclusively pursuant to Section 3 U)(I )(ili). where the subject of the video footage making
the complaint requests the video footage not be made available to the public;

c. Video footage that is subject to a minimum three (3) year retention period solely and
exclusively pursuant to Section 3 ())(2)(i), ()(2)(i). G)(2)( ii) or G)(2)Civ):

d. Video footage that is subject to a minimum three (3) year retention period solely and
exclusively pursuant to Section 3 ({)(2)(v), (i)(2)(vi), or G)(2)(vil). where the person
making the voluntary request requests the video footage not be made available to the
public; and

e. Any video footage retained beyond six (6) months solely and exclusively pursuant to
Section 3 (j)(2)(iv) shall not be admissible as evidence in any criminal or civil legal or
administrative proceeding.

Sec. 5. Repealing Clause. - All laws, executive orders. rules and regulations inconsistent with,
or contrary to this Act. are hereby repealed or amended accordingly.

‘Sec. 6. Separability Clause. — If any provision of this Act or the application of such provision
is declared unconstitutional or invalid, the provisions not affected thereby shall remain in full force
and effect.

Sec. 7. Effectivity. - This Act hall take effect after fifteen (15) days from its publication in at
least two (2) newspapers of national circulation.

Approved,