Republic ef the Dhiippines
House of Representatives

SEVENTEENTH CONGRESS.
First Regular Session

5830

HOUSE BILL NO.

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

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EXPLANATORY NOTE

Article 2, Section $ of the 1987 Constitution states that: “he
maimenance of peace ancl ander, the protection of life, liberty, axl
Property, ancl promotion of the general weifare are essential for the
enyoyment by ail the people of the Blessings of democracy.”

‘The wse of body-worm camera by law enforcement officers (¢.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 snti-drag campaign had come under fire front 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 suthority and responsibility to enforce
Judgments and to take practical measures to solve various sets of human problems
that challenge the goal of having 2 peaceful community. However, whenever


sheriffs enforce the execution of judgments. they would often ‘be assaulted by
different adverse nnd losing parties, groups and organizations.

Traffic and Parking Bureau members in Manila are now required to wear
body cameras 10 avoid “under-the-table” transactions between traffic enforcers and
violitors after tenninating 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 «mions, associations, or societies for purposes not contrary 10 Inve
nd 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 recounized. However, there have been cases where highest degree of restraint
that the mititary, police, and other peace keeping authorities shall observe during a

Public assembly or in the dispersal of the same is not observed dive to alleged
Assmults of the demonstrators.

‘The above-mentioned operations wre just » few of the various types of
interactions that law enforcers perforin on a daily basis and there are many more
exccuted on a daily basis where body-worn cameras could support. Among the
types of interactions include service calls, 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) inthe
United States measured the impact cameras have hud on the judicial process. The
study found that an overwhciming ninety one percent (91%) have used video
evidence in cour that was captured from an in-car eamern and body worn cameras
‘They reported that the presence of video evidence enhances their ability to obtam
convictions nd increases the number af guilty pleas prior to going to trial. The
majority of the prosecutors (58 percent) reported # 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 (IACP. 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 crrors of Iaw enforcers while
performing their duties. The use of a camera system, whether in-car or body-wor,
scan deter violence or other negative behavior and help to convict a person who
would choose 10 attack an officer. It may also reveal other information that might
‘not nortnally be recorded by officers.

‘The use of cameras fies been said to help improve the accountability of
police officers as well as reduce the number of complaints of police misconduct,
‘There are numbers of reports where cameras have cleared officers of
“wrongdoing” once the video evidenice was reviewed. as opposed to only $ percent
‘of complaint cases being sustained (as studied using in-car camera us the


representative system) (IACP, 2004)

Body-wom camera thus promotes transparenicy, provides audit trails speed
‘up proceedings, deciog 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 but citizens alike.

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

Ce ailifeanl Lect,


Republic af the Philippines
House of Representutives

SEVENTEENTH CONGRESS:
First Regular Session

HOUSE BILL xo, 5830

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Introduced by Rep. Luisa Lioren Cuaresma
Lowe District of Nueva Vizcaya

S—_

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 ALD ADMINISTRATION OF JUSTICE,
AND TO PROTECT CITIZENS AND OFFICERS ALIKE AND
APPROPRIATING FUNDS THEREFOR

Re it enacted by the Senate and Howse of Representatives of the Philippines in
Congress assembled:

SECTION |. Short Title - This Act shall be known as the “Body-
‘Worm Cameras Act”

SECTION 2. Declaration of Policy ~ It is the prime duty of the
Goverment to serve and protect the people, to maintain peace and order, to protect
life. liberty, and property, and to promote the general welfiare 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

8) Increased transparency and citizen views of police legitimacy;


b) Improved behavior and ctvility among both police officers and citizens,

¢) Improve the accountability of police officers as well as reduce the umber of
complaints of police misconduct, and

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

Law enforcement agencies and officers trelessly work to protect the citizens
and make communities safer. Thus, the State recognizes the above-mentioned
advantages of the use of body-wom cameras by on-duty law enforcement with the
‘end goal of protecting both citizens and police.

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-wom camera (BWC 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
and subdivisions which enforce the law, It includes but not limited to the
Philippine National Police. National Bureau of Investigation, Philippine
Drug Enforcement Agency, Bureau of Custom and the Judiciary;

©) 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

4) 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 see and hear. Uinits
‘can be mounted in several areas to include, around the ear or head, on a helmet or
that, 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 BWC’s 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
©) Recording limits
4) Night recording


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

9) Audio recording

8) Weather resistant

fh) Time and date stamp shall be clearty seen in the video recording

1) Data storage

4) Encryption and other security features necessary to protect the BWC and the
data storage

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

SECTION 6, Restrictions om the Use of BWC - For the purpose of
this Act. the following limitations stall be applied!

1) Warraniless capturing af photo ot video iinages of people where they have
an expectation of privacy is strictly prohibited:

) Use of BWC other than those that ate intended for purpose of this Act shall
be I

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

Parameters would need to be set hy the law enforcement agency for voluntary,

compulsory and prohibited use of the eamers.

SECTION 7. Training - Proper training on policies andl equipment is «
‘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 perceptions 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 10
understand that monitoring officer performance and improving public relations
Also come with the camera tse

SECTION & Data Storage and Management ~ For the purpose of
this Act, the following data storage and management must be considered:

a) Stomge issues, such as how Jong and who has access to the recordings.

b) Each BWC unit must have time and date stump and contro! number while
recordig,

) Not only must the data be protected and backed up regularly, it must be
accessible to all parties invalved:

4) Crime recordings must be managed by law and through policies. Even video
of standard officer interaction may be retuined for & default period of time
to cover potential performance complaints;

©) Policies should control the period of time this data is maintained As
recordings became more o less important to your lw enforcement agency.
adjustments need to be made: aid

1) The law enforcers may review the video recordings they have taken
provided that they are accompanied by the custodinn at all times. Provided


further, they may review only for the purposes intended by tfis Act.

'g) The Iw enforcement agency shall appoint custodian to supervise, control
and secure BWC units, its storage, database management and ensure its

1h) The custodian shall provide Jogbook that will show the name of the law
enforcer who will use the BWC. dave and time used and retumed 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 ftom 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 hus used it, and when, not only usefial for
Processing the evidence through the criminal justice system but jo guard against
leaks.

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

8) Use, viewing. copying. or disclosure to a member or officer of a Inw
enforcement agency in connection with and limited to the investigation or
prosecution of an offense punishable by law or regulanon,

b) Use, viewing, copying, or disclosure in connection with any pending
criminal, administrative or civil proceeding shall be allowed provided that it
41s accompanied by a request from a judue, quasi-judicial body or head of the
law enforcement agency, or

©) Viewing of persons to determine whether of not an offense was committed
against their person or property, to ascertain the identity of a criminal
perpetrator, and tw determine the manner by which the offense was
perpetrated may be allowed provided that they acquire permit from the
deparment 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 fram 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


Sy sii RECA GHE he nee aorny eee

Sip, Ge Titten oh det Eile Uy Sar Inn eer pea
certify its authenticity shall be signed by all of the following:

1. BWC custodian; and
2. Department head where the datubase ts being stored

c) By other approprime secunty procedures or devices as may be authorized
hy the Supreme Court or by law for authentication of electronic data are
applied to the audio and video recording taken: or

4) By other evidence showing its integrity and relinbility to the satisfaction of
the judge.

SECTION 12. Implementing Rules and Regulations ~ Within
ninety (90) days from the effectivity of this Act. the law enforcement agency in
consultation with appropriate goverment agencies and other stakeholders shall
promulgate the necessary rules and regulations wa may be necessary 10 carry out
the purpose of this Act,

SECTION 13, Penal Clause ~ Altering, destroying. suppressing
‘oF concealing any recording, or object, with intent to iinpair its verity, authenticity,
legibility, availability, or admissibility as evidence in any investigation of or
official proceedings in, civil, criminal or administrative cases shall be punishable
with imprisonment of not exceoding six (6) months, or # fine not exceeding five
thousand pesos (P5,000.00), ar both without prejudice to other civil, criminal and
‘administrative habilities that may anise therefrom.

SECTION 14 Appropriations - Each government institutions,
aygencies and subdivisions shall immediately inchide the operationalization of the
BCWs the finding of which shall be inctnded in the annul Cieneral
Appropriations Act

SECTION 15. Separabitity 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 tke effect

fifteen (15) days after its publication in the Official Gazatte or newspaper of
general circulation. Approved,

Approved,