HOUSE °F REPRESENTATIVES
RECEIVED
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By: tis. G

REGISTRATION UNIT
BILLS AND INDEX SERVICE

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 593

Introduced by Representatives Mariano Michael M. Velarde Jr. (BUHAY Party
List)

EXPLANATORY NOTE

Buhay Hayaan Yumabong party list again is proposing this bill
requiring operators of public transport, such as buses, jeepneys, and
taxicabs, including FX public vehicles, to install a Closed Circuit Television
(CCTV) device with the corresponding GPS Tracking System in all their
vehicles to ensure the maximum safety and well-being of public commuters.

Recent events have proved that Closed Circuit Television (CCTV) has
been effective in preventing and reducing the proliferation of crimes in public
places. The presence of CCTV Cameras undoubtedly helps in assuring the
public that their safety is assured and their well-being taken care of. CCTV
footages have been very effective in documenting and proving the
commission of crimes.

In view of the/fprdgoing, the passage of this bill is earnestly sought.
p. Mi Velarde Jr.
——



v

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Third Regular Session

593

House Bill No.

Introduced by Representatives Mariano Michael M. Velarde Jr. (BUHAY Party
List)

AN ACT MANDATING THE INSTALLATION OF MONITORING DEVICES IN
PUBLIC UTILITY VEHICLES, PROVIDING PENALTIES FOR VIOLATION
THEREOF

Be 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 “PUBLIC
UTILITY VEHICLE MONITORING ACT.”

SEC. 2. Declaration of Policy. ~ It is hereby declared the policy of the
State to ensure the safety of its citizens, particularly the passengers of public
transport from abuses and crimes such as theft, robbery, homicide,
kidnapping and the like. Towards this end, the State shall require all
operators of public utility vehicles (PUVs) to install a closed-circuit television
(CCTV) and Global Positioning System (GPS) tracker on their motor vehicles
as a means of gathering the necessary information in furtherance of this
policy.

SEC. 3. Definition of Terms. - For the purpose of this Act, the term:

a) Closed Circuit Television or CCTV refers to an electronic
communications system equipped with a video camera or video cameras
capable of recording and storing signals or digital information and connected
to a monitor or set of monitors designed to perform surveillance over a
limited area;

b) Global Positioning System or GPS refers to a navigational system
that determines the latitude and longitude of a particular location on Earth
by calculating the difference in time it takes for signals sent from different
satellites to reach a receiver at that location;

) GPS Tracker refers to an electronic communications device that
uses the GPS to determine, track and record its precise location, or of
anything on which it is attached or mounted, at regular intervals;


d) Operator refers to any person or entity in whose name a
Certificate of Public Convenience is issued by the Land Transportation
Franchising and Regulatory Board (LTFRB) to operate a public transport
service for compensation and for a covered period of time;

e) Public Utility Vehicle or PUV refers to any public utility bus,

taxicab, public utility jeepney, school transport service, tourist transport

service, UV express service, bus rapid transit, airport bus, premium taxi,
transport network vehicle service, shuttle bus and other motor vehicles as
may hereinafter be classified by the LTFRB or appropriate agency as such;

f) Tampering refers to any act of intentionally dismounting,
destroying or breaking the CCTV or GPS tracker or any other acts intended
to disable or hinder any of its functions. It also includes the act of deleting
or editing the contents of the storage device of the CCTV.

g) SEC. 4. Mandatory Installation of CCTV and GPS Tracker. ~
Following the effectivity of this Act, no public utility vehicle herein
defined shall be allowed to operate in any road or highway without
the required CCTV and GPS tracker installed and duly
authenticated and sealed by the LTFRB. Replacement of damaged
or stolen CCTV or GPS tracker must undergo the same process of
installation, authentication and sealing.

h) The fact that the PUV is equipped with CCTV and GPS tracker must
be made known to the passengers through a written notice boldly
displayed in conspicuous locations outside and inside the body of
the PUV.

i) No operator shall be granted a CPC or franchise to operate a PUV
without complying the above requirements: Provided, that, in the
case of PUVs which are already in operation prior to the effectivity
of this Act, the concerned operators shall comply the above
requirements upon renewal of registration or not later than six (6)
months from the promulgation of the implementing rules and
regulations (IRR) of this Act.

j) SEC. 5. Specifications and Standards of CCTV and GPS
Tracker. ~ The LTFRB, in coordination with the Department of
Transportation and Communications (DOTC), Department of
Science and Technology (DOST) - Information and Communications
‘Technology (ICT) Office and Department of Trade and Industry (DTI)
~ Bureau of Philippine Standards (BPS), shall provide for the


specifications and standards of the GPS tracker and CCTV herein
required, including the storage device which must be capable of
recording at least seven (7) calendar days of information before being
overridden by subsequent ones. It shall also determine the required
number and location of cameras for every type of PUV to ensure
optimum view and usage.

k) SEC. 6. Maintenance of a GPS Tracking Server and CCTV
Recording Archive. - The LTFRB Central Office and its Regional
Offices shall establish, maintain and manage a GPS tracking
server and an archive for all CCTV recordings of PUVs which are
subjects of a complaint filed before it and those PUVs involved in
traffic incidents.

1) In coordination with the LTO, the LTFRB shall likewise establish,

maintain and manage a GPS tracking server and archive to be
manned by authorized LTO personnel in LTO offices located in
strategic areas for data gathering and to ensure the effective
monitoring of every registered PUV.

m)In implementing the provisions of this Act, the LTFRB or
authorized LTO personnel shall require the operator of any PUV
subject of a complaint or party to an incident to bring forth the
vehicle within twenty-four (24) hours from receipt of the order for
its storage device to be removed or contents thereof copied by the
authorized officer for purposes of preserving the same. Non-
compliance with this order constitutes a violation of the provisions
of this Act. In the case of PUVs involved in vehicular incidents,
the law enforcement officer conducting investigation shall,
within twenty-four (24) hours, report the incident to the
LTFRB or authorized LTO personnel, non-compliance of which
shall be dealt with administratively.

n) The CCTV archive and GPS tracking server herein mentioned shall
be established within six (6) months following the promulgation of
the implementing rules and regulations (IRR) of this Act.

0) SEC. 7. Confidential Nature of CCTV Footages. - The
confidentiality of the videos and other information captured by and
stored in the CCTV shall be maintained. Unless otherwise
authorized under this Act, the use, viewing, disclosure or
publication of the contents of the storage device, whether in whole

or in part, is prohibited.


SEC. 8, Use of CCTV Footages as Evidence. — The LTFRB or any
court of competent jurisdiction, in cases or complaints filed before it, may
use the information captured by and stored in the CCTV for evidentiary
purposes. The law enforcement agencies may, in the conduct of
investigation of cases filed before them, request for a copy of the CCTV
recordings pertaining to such particular cases, subject to the applicable
provisions of this Act.

SEC. 9. Access to GPS Tracking Server. — Upon a written request by
a law enforcement agency, its agents shall be granted access to a particular
GPS tracking record of the subject vehicle during the conduct of a criminal,
administrative or traffic investigation or police operation.

SEC. 10. Penal Provisions. — The following penalties shall be imposed
upon the offender who is found to have committed the punishable acts
enumerated hereunder:

a) A fine of Five Thousand Pesos (P5,000.00}, for the first offense; Ten
Thousand Pesos (P10,000.00}, for the second offense; and Fifteen Thousand
Pesos (P15,000.00), for the third offense shall be imposed upon any person
who:

1. Operates or allows another to operate a PUV without a working
CCTV or GPS tracker, or without the required devices installed and sealed by
the LTFRB;

2. Tampers with the CCTV or GPS tracker;

3. Operates or allows another to operate a PUV with a tampered
CCTV or GPS tracker;

4. Fails to bring the PUV for purposes of removing the storage
device of the CCTV or copying the contents thereof upon the order of the
LTFRB; or

5. Fails to comply the requirement of installation of CCTV and GPS
tracker as provided in this Act.

The offender’s driver’s license or franchise, as the case may be,
shall be suspended for thirty (30) days, for the fourth offense; three (3)
months for the fifth offense; and six (6) months, for the sixth offense.

For the subsequent offense, the franchise or driver’s license of the
offender shall be revoked or cancelled.

b) A penalty of imprisonment ranging from one (1) year to three (3)
years and a fine ranging from One Hundred Thousand Pesos (P100,000.00)
to Two Million Pesos (P2,000,000.00) shall be imposed upon any person
who, not being authorized by law:


1. Publishes or broadcasts or causes to be published or to be
broadcast, in whatever medium, any video or information stored or recorded
in the CCTV of a PUV; or

2. Sells or distributes or causes to be sold or distributed any such
recorded or stored video or information.

c} In addition to administrative penalties and damages, if applicable, a
penalty of imprisonment ranging from one (1) year to three (3) years and a
fine ranging from One Hundred Thousand Pesos (P100,000.00) to Two
Million Pesos (P2,000,000.00) shall be imposed upon:

Any public officer or government agent who releases, gives or transmits to
another any stored or recorded CCTV footages or information obtained by
reason of an authorized criminal, administrative or traffic investigation or
police operation, except when circumstances warrants media distribution to
help identify the

1. identity and locate the whereabouts of a suspect or suspects of a

crime, or as a matter of public information in cases involving heinous
crimes;

2. Any law enforcement agent who, by force, intimidation or any
other means, gains access to the GPS tracking server without the authority
from the requesting agency as provided under this Act;

3. Any officer of the LTFRB or LTO charged with the custody of
archived video footages or information who releases or transmits the same to
persons not authorized of such possession or permits any unauthorized
person to have access to or gain possession of such video footages or
information; or

4. Any officer of the LTFRB or LTO charged with the maintenance
of GPS tracking server who allows any unauthorized person to gain access to
the tracking server or particular GPS tracking record.

The offenses punishable under Subsections (b) and (c) shall be
prosecuted in accordance with the provisions of Republic Act No. 10173 or
the Data Privacy Act of 2012 and other applicable laws.

SEC. 11. Review of Pecuniary Penalties. — Five (5) years after the
effectivity of this Act and every five (5) years thereafter, the LTFRB may, after
public consultation with stakeholders and concerned agencies, increase the
amount of fine herein provided: Provided, that, such adjustment shall in no
case be more than ten percent (10%) of the amount sought to be increased.

SEC. 12. Random Inspection of PUVs. - The LTFRB may conduct
unannounced ocular inspections to ensure the proper implementation of this
Act.


SEC. 13, Public Information Campaign. - The LTFRB shall, with
the assistance of the Philippine Information Agency (PIA), conduct a
continuing nationwide public information campaign for six (6) months
following the promulgation of the implementing rules and regulations of this
Act.

SEC. 14. Implementing Rules and Regulations. — Within 60 days
after the effectivity of this Act, the LTFRB shall, in coordination with the
DOTC, LTO, Philippine National Police (PNP), Department of Justice (DOJ),
DTI-BPS and DOST - ICT Office and other stakeholders, promulgate the
necessary rules and regulations for the effective implementation of this Act.

SEC. 15. Separability Clause. - If any provision of this Act is
declared invalid or unconstitutional, the remaining provisions or part thereof
not otherwise affected thereby shall remain valid and subsisting.

SEC. 16. Repealing Clause. - All laws, decrees, executive orders and
issuances, ordinances, rules and regulations, or parts thereof, inconsistent
with the provisions of this Act are hereby repealed or modified accordingly.

SEC. 17. Effectivity Clause. - This Act shall take effect after fifteen
(15) days following its publication in the Official Gazette or in two (2)
newspapers of general circulation.

Approved,

(wut M. VELARDE JR.