Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

nouse Bi.No, 6250

Introduced by Hon. ANICETO “JOHN” D. BERTIZ, III

EXPLANATORY NOTE

As Representative of overseas Filipino workers (OFWs), | sympathize with the OFW
mother of slain 17-year-old Grade 11 public school student Kian Loyd delos Santos.

If the Caloocan City police raid team had body cameras on them, we would have had
clear video evidence now of how Kian died and see who were responsible.

| file this bill in honor of Kian and other minors who perished in police operations so
that their untimely deaths will not be in vain.

This bill is adapted from and based on the model policy of the American Civil Liberties
Union (ACLU) on the use of body cameras in law enforcement:
https://www.aclu.org/other/model-act-regulating-use-wearable-body-cameras-law-
enforcement

The required use of body cams in Philippine law enforcement is long overdue. We need
to provide Filipinos with ample, appropriate, and technology-updated law enforcement
and protection of civil liberties.

Appropriate body cam use in law enforcement can protect the innocent and law
enforcers and help mete out justice on those who choose to violate the law with
impunity.

This bill provides initial funding of P200 million pesos for the acquisition of body cams
for police units in the most populous cities and towns of the country.

ERTIZ, 11
ACTS OFW Party-list



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

‘SEVENTEENTH CONGRESS
Second Regular Session

HOUSE BILL NOO25O

Introduced by Hon. ANICETO “JOHN” D. BERTIZ, III

AN ACT
REQUIRING POLICE AND OTHER LAW ENFORCEMENT OFFICERS TO WEAR BODY
CAMERAS IN LAW ENFORCEMENT OPERATIONS AND SITUATIONS,
APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES

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

Section 1. Short Title. - This Act shall be known as the “The Kian delos Santos
Body Cam Act of 2017”

Section 2. Declaration of Policy. - It is the declared policy of the State that:

1) _No person shall be deprived of life, liberty, or property without due
process of law, nor shall any person be denied the equal protection of the laws.

2) The right of the people to be secure in their persons, houses, papers, and
effects against unreasonable searches and seizures of whatever nature and for
any purpose shall be inviolable, and no search warrant or warrant of arrest shall
issue except upon probable cause to be determined personally by the judge after
examination under oath or affirmation of the complainant and the witnesses he
may produce, and particularly describing the place to be searched and the
persons or things to be seized.

3) The privacy of communication and correspondence shall be inviolable
except upon lawful order of the court, or when public safety or order requires
otherwise as prescribed by law. Any evidence obtained in violation of this or of
the right of the people to be secure in their persons, houses, papers, and effects


against unreasonable searches and seizures shall be inadmissible for any
purpose in any proceeding.

4) _ No law shall be passed abridging 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.

5) No law shall be made respecting an establishment of religion, or
prohibiting the free exercise thereof. The free exercise and enjoyment of
religious profession and worship, without discrimination or preference, shall
forever be allowed. No religious test shall be required for the exercise of civil or
political rights.

6) The liberty of abode and of changing the same within the limits
prescribed by law shall not be impaired except upon lawful order of the court.
Neither shall the right to travel be impaired except in the interest of national
security, public safety, or public health, as may be provided by law.

7) The right of the people to information on matters of public concern shall
be recognized. Access to official records, and to documents, and papers
pertaining to official acts, transactions, or decisions, as well as to government
research data used as basis for policy development, shall be afforded the citizen,
subject to such limitations as may be provided by law.

Section 3. Definition of Terms. As used in this Act:

(1) ‘Law enforcement officer” shall mean any person authorized by law to
conduct searches and effectuate arrests and who is employed by the state, by a
government instrumentality or officer with law enforcement authority, or by a
local government

(2) “Subject of the video footage” shall mean any identifiable law enforcement
officer or any identifiable 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.

(3) “Use of force” shall mean any action by a law enforcement officer that (A)
results in death, injury, complaint of injury, or complaint of pain that persists
beyond the use of a physical control hold, or (B) involves the use of a weapon,
including a personal body weapon, chemical agent, impact weapon, extended
range impact weapon, sonic weapon, sensory weapon, conducted energy device,
or firearm, against a member of the public, or (C) involves any intentional
pointing of a firearm ata member of the public.

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(4) “Video footage” shall mean any images or audio recorded by a body camera.

Section 4. Use of Body Cameras in Law Enforcement Operations and
Situations. Body cameras shall be used given the following circumstances:

{a) Only law enforcement officers with the authority to conduct searches and
make arrests shall be permitted to wear a body camera. Such body cameras 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 a 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 camera
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.

(©) A law enforcement officer who is wearing a body camera shall notify the
subject(s) of the recording 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, a law enforcement officer shall ask the occupant if
the occupant wants the officer to discontinue use of the officer's body
camera. If the occupant responds affirmatively, the law enforcement
officer shall immediately discontinue use of the body camera;

(2) When interacting with an apparent crime victim, a law enforcement
officer shall, as soon as practicable, ask the apparent crime victim, if the
apparent crime victim wants the officer to discontinue use of the officer's
body camera. If the apparent crime victim responds affirmatively, the 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, a law
enforcement officer shall, as soon as practicable, ask the person seeking to

Page 4 of 10


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.

(©) All law enforcement offers to 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.

(8 Body cameras shall not be used surreptitiously.

(g) Body cameras shall not be used to gather intelligence information based on
protected speech, associations, 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.

(h) Law enforcement officers shall 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.

(i) 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.

(1) During the six (6) month retention period, the following persons shall
have the right to inspect the body camera footage:

(A) Any person who is a subject of body camera video footage, and/or
their designated legal counsel;

(B) A parent of a minor subject of body camera video footage, and/or
their designated legal counsel;

(C) The spouse, next of kin or legally authorized designee of a deceased
subject of body camera video footage, and/or their designated legal
counsel;

(D) A law enforcement officer whose body camera recorded the video
footage, and/or their designated legal counsel, subject to the limitations
and restrictions in this Act;

(E) The superior officer of a law enforcement officer whose body camera
recorded the video footage, subject to the limitations and restrictions in
this Act; and

Page 5 of 10


(F) Any defense counsel who claims, pursuant to a written affidavit, to
have a reasonable basis for believing a video may contain evidence that
exculpates a client.

(2) The right to inspect subject to subsection (i)(1) shall not include the
right to possess a copy of the body camera video footage, unless the
release of the body camera footage is otherwise authorized by this Act or
by another applicable law.

(3) When a body camera fails to capture some or all of the audio or video
of an incident due to malfunction, displacement of camera, or any other
cause, any audio or video footage that is captured shall be treated the
same as any other body camera audio or video footage under the law.

(j) 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 an interaction or event involving:

(A) Any use of force; or

(B) An encounter about which a complaint has been registered by a
subject of the video footage.

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

(A) The law enforcement officer whose body camera recorded the video
footage, if that officer reasonably asserts the video footage has
evidentiary or exculpatory value;

(B) 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;

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

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

(E) Any member of the public who is a subject of the video footage;

(F) Any parent or legal guardian of a minor who is a subject of the video
footage; or


(G) A deceased subject’s spouse, next of kin, or legally authorized
designee.

(k) To effectuate subsections (j)(2)(E), ()(2)(F) and (j)(2)(G), any member of the
public who is a subject of video footage, the parent 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 the specific video footage in
question in order to make a determination as to whether they will voluntarily
request it be subjected to a three (3) year retention period.

(1) All video footage of an interaction or event captured by a body camera, if that
interaction or event is identified with reasonable specificity and requested by a
member of the public, shall be provided to the person or entity making the
request in accordance with the procedures for requesting and providing
government records set forth in the Executive Order on Freedom of Information
and law on Freedom of Information that will take effect after this Act comes into
legal force.

(1) Notwithstanding the public release requirements in subsection (1), the
following categories of video footage shall not be released to the public in
the absence of express written permission from the non-law enforcement
subject(s) of the video footage:

(A) Video footage not subject to a minimum three (3) year retention
period pursuant to subsection (j); and

(B) Video footage that is subject to a minimum three (3) year retention
period solely and exclusively pursuant to subsection (j)(1)(B) or (j)(2).

(2) Notwithstanding any time periods established for acknowledging and
responding to records requests via Freedom of Information law, executive
order, or regulation, responses to requests for video footage that is
subject to a minimum three (3) year retention period pursuant to
subsection (j)(1)(A), where a subject of the video footage is recorded
being killed, shot by a firearm, or grievously injured, shall be prioritized
and the requested video footage shall be provided as expeditiously as
possible, but in no circumstances later than five (5) days following receipt
of the request.

(3) Whenever doing so is necessary to protect personal privacy, the right
to a fair trial, the identity of a confidential source or crime victim, or the
life or physical safety of any person appearing in video footage, redaction
technology may be used to obscure the face and other personally
identifying characteristics of that person, including the tone of the


person's voice, provided the redaction does not interfere with a viewer's
ability to fully, completely, and accurately comprehend the events
captured on the video footage.

(A) When redaction is performed on video footage pursuant to subsection
(3), an unedited, original version of the video footage shall be retained
pursuant to the requirements of subsection (i) and (j).

(B) Except pursuant to the rules for the redaction of video footage set
forth in subsection (1)(3) or where it is otherwise expressly authorized by
this Act, no other editing or alteration of video footage, including a
reduction of the video footage’s resolution, shall be permitted.

(4) The provisions governing the production of body camera video
footage to the public in this Act shall take precedence over all other state
and local laws, rules, and regulations to the contrary.

(m) Body camera video footage may not be withheld from the public on the basis
that it is an investigatory record or was compiled for law enforcement purposes
where any person under investigation or whose conduct is under review is a
police officer or other law enforcement employee and the video footage relates
to that person’s on-the-job conduct.

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

(0) No government agency or official, or law enforcement agency, officer, or
official may publicly disclose, release, or share body camera video footage unless:

(1) Doing so is expressly authorized pursuant to this Act or another
applicable law; or

(2) The video footage is subject to public release pursuant to subsection
(), and not exempted from public release pursuant to subsection (1)(1).

(p) No law enforcement officer shall review or receive an accounting of any body
camera video footage that is subject to a minimum three (3) year retention
period pursuant to subsection (j)(1) prior to completing any required initial
reports, statements, and interviews regarding the recorded event, unless doing
so is necessary, while in the field, to address an immediate threat to life or safety.

(@) Video footage that is not subject to a minimum three (3) year retention
period shall not be:


(1) Viewed by any superior officer of a law enforcement officer whose
body camera recorded the footage absent a specific allegation of
misconduct; or

(2) Subjected to facial recognition or any other form of automated
analysis or analytics of any kind, unless:

(A) A judicial warrant providing authorization is obtained;

(B) The judicial warrant specifies the precise video recording to which the
authorization applies; and

(©) The authorizing court finds there is probable cause to believe the
video footage contains evidence that is relevant to an ongoing criminal
investigation.

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

(5) Where a law enforcement agency authorizes a third-party to act as its agent
in maintaining body 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.

(t) Should any law enforcement officer, employee, or agent fail to adhere to the
recording or retention requirements contained in this chapter, intentionally
interfere with a body camera's ability to accurately capture video footage, or
otherwise manipulate the video footage captured by a body camera during or
after its operation:

(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.

(u) The disciplinary action requirement and rebuttable presumptions in

subsection (t) may be overcome by contrary evidence or proof of exigent
circumstances that made compliance impossible.


(v) Any body camera video footage recorded in contravention of this Act or any
other applicable law may not be offered as evidence by any government entity,
agency, department, prosecutorial office, or any other subdivision thereof in any
criminal or civil action or proceeding against any member of the public.

(w) Any law enforcement policy or other guidance regarding body cameras, their
use, or the video footage therefrom that is adopted by a national or local
government entity or agency, including any police or law enforcement
department, shall be made publicly available on that entity's or agency's website.

(x) Nothing in this chapter shall be read to contravene any laws governing the
maintenance, production, and destruction of evidence in criminal investigations
and prosecutions.

Section 5S. Appropriations. The sum of Two Hundred Million Pesos
(P200,000.000.00) is hereby appropriate to initial fund the acquisition of body cameras
for use of the Philippine National Police in the one hundred most populous cities and
municipalities of the country.

Section 6. Implementing Rules and Regulations. Within sixty (60) days from
the effectivity of this Act, the Commission on Human Rights, jointly and in collaboration
with Department of Interior and Local Government, the Department of Justice, and the
Department of Science and Technology, promulgate the implementing rules and
regulations of this Act.

Section 7. Separability. - If any provision or part of this Act is declared invalid or
unconstitutional, the remaining parts or provisions not affected shall continue to be in
full force and effect.

Section 8. Repealing Clause. - All laws, executive orders, and administrative
orders or parts thereof inconsistent with any provision of this Act are hereby repealed
or amended accordingly.

Section 9. Effectivity Clause. - This Act shall take effect fifteen (15) days after its

publication in the online version of the Official Gazette or in two (2) newspapers of
general circulation or with established internet website presence.

Approved.