Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

3261

House Bill No.

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
MANDATING THE USE OF SURVEILLANCE CAMERAS FOR THE SECURITY AND.
SAFETY OF COMMERCIAL ESTABLISHMENTS

EXPLANATORY NOTE

The 1987 Constitution expressly provides that: “It is a policy of the State to
maintain peace and order and to protect the life and property of the general public.”
The occurrence of theft, harassment, vandalism, and other such crimes has become
increasingly common in many private commercial establishments. It is considered
alarming since such incidents have been perpetrated in broad daylight while still a
majority of them happening late night up to the wee hours of the morning. There is
therefore an urgent need to secure these establishments which include banks, financial
establishments, schools, gas stations, and the like

This humble proposal is being introduced to address rising crime incidence and
to show the inadequacy of proper security systems in most private establishments
which are the usual target of criminal minds. The installation of surveillance cameras or
closed circuit televisions ("CCTVs') can address any lack in security personnel and can
also supplement existing security systems by empowering security and victims to review
a record of events of the incident. This includes identification of the perpetrators and
other related evidence of the crime while it also allows owners of commercial
establishments to monitor a greater area with fewer personnel requirement. Real-time
video feed can also be studied to better prepare security personnel by monitoring
suspicious individuals to prevent the commencement of any planned criminal activity.


This proposed legislation aims to protect and empower the general public against
criminal elements that threaten the State's peace and order. Its swift passage into law
would uphold the State's worthy ideals to protect life and property.

We, therefore, urge our colleagues to ensure the swift passage of this bill into
law.

DIOSDADO MAGAPAGAL ARROYO i ARROYO
Second District, Camarines Sur Second District, Pampanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

3261

House Bill No.

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
MANDATING THE USE OF SURVEILLANCE CAMERAS FOR THE SECURITY AND.
SAFETY OF COMMERCIAL ESTABLISHMENTS

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 "Surveillance Camera
for Commercial Establishments Act of 2013."

SECTION 2. Declaration of Policy. - Under Article II, Section 5, of the
Constitution, it is the policy of the State to maintain peace and order, to protect life,
liberty and property, and to promote the general welfare of the general public. As such,
the surveillance and security of commercial establishments should be regulated to
prevent criminal incidents in said establishments.

SECTION 3. Definition of Terms. — As used in this Act, the term:
(a) "Surveillance camera” refers to electronic devices used for recording images
of a particular area, premises, or place, such as but not limited to closed circuit
televisions (CCTV's).

(b) "Video feed” refers to the live input of a surveillance camera.

(©) "Video record” or "video recording" refers to the electronic record of the
images captured by a surveillance camera


(d) "Commercial establishment” refers to any establishment used for commercial
purposes and operating for, selling products to, or providing services to the
general public. The term refers to establishments such as but not limited to retail
stores, banks, financial institutions, supermarkets, schools, kindergartens, hotels,
and restaurants

(e) "Covered establishment” refers to any commercial establishment with work
premises of not less than fifty (50) square meters

SECTION 4. Duties of Covered Establishments. - It shall be the duty of all
covered establishments to:

(a) Install and maintain in good working condition surveillance cameras within the
premises of their work area (i.e., cashier's areas, aisles or areas that are
obstructed from public view, entrance of restrooms, and the like);

(b) Install and maintain in good working condition surveillance cameras to
monitor the perimeter of their establishment;

(0) Ensure that surveillance cameras are turned on and recording for twenty-four
(24) hours per day and for seven (7) days per week;

(d) Ensure that video feeds are being monitored by security employees or
personnel specifically tasked to do so;

(e) Keep a deposit of video recordings for a period of not less than thirty (30)
days from the date of recording;

(f In the instances covered by Section 8 of this Act, to make video recordings
available upon request and to allow copies thereof to be made, at the expense of
the requesting party.

SECTION 5. Notice of Surveillance. — The fact that surveillance cameras have
been installed in an establishment shall be made known to the general public through a
written notice displayed in the entrance of the establishment.

SECTION 6. Prohibited Surveillance. - The installation of surveillance cameras
in any restroom, toilet, shower, bathroom, changing room, and other such areas where
there is a reasonable expectation of privacy shall be prohibited

SECTION 7. Confidentiality and Non-disclosure of Recordings. - The owner
and/or manager of the commercial establishment shall maintain the privacy and
confidentiality of the video feeds and records obtained as a result of establishment
surveillance performed in accordance with this Act. Towards such end, said owner and/


or manager shall prohibit any use, viewing, disclosure, or publication of said video
recordings.

SECTION 8. Allowed Use and Disclosure. — The use, copying, or disclosure of
video records obtained pursuant to establishment surveillance performed in accordance
with this Act shall only be allowed in the following instances:

(a) Use, 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, copying, or disclosure to further and in connection with any pending
criminal or civil proceeding;

(c) Use or disclosure that may be necessary to avoid an imminent threat to
persons or property; or

(d) Use or disclosure that may be necessary for persons to determine whether or
not an offense was committed against their person or property, to ascertain the
identity of a criminal perpetrator, and to determine the manner by which an
offense was consummated

It shall be the responsibility of the owner and/ or manager, or their agents, to
ensure that the conditions for use, copying, or disclosure of video recordings are
reasonably established before giving access to requesting parties. The extent of video
recordings to be viewed, used, copied, or disclosed shall be limited to the images
pertaining to the above-mentioned instances.

SECTION 9. Penal Clause - Any act or omission causing the violation of duties
ascribed to commercial establishment under this Act shall be punishable with
imprisonment not exceeding six (6) months, or a fine not exceeding One thousand
pesos (P1,000.00), or both; without prejudice to other civil or criminal liabilities that may
arise therefrom.

The owner and/ or manager of the establishment shall likewise be answerable for
violations of this Act; provided that it is shown that the violation was due to his/her direct
participation, lack of supervision, or negligence.

SECTION 10. Implementing Agency. - The Department of Interior and Local
Government and the respective local government units with jurisdiction over the area
wherein a covered establishment is located shall ensure the implementation and
enforcement of this Act

SECTION 11. Separability Clause. — If any provision or part of this Act shall be
declared invalid or unconstitutional, the remaining parts or provisions not affected shall
remain in full force and effect.


SECTION 12. Repealing Clause. - All laws, decrees, executive orders,
issuances, rules and regulations or parts thereof inconsistent with the provisions of this
Act are hereby repealed or modified accordingly.

SECTION 13. Effectivity Clause. — This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in at least two (2) newspapers of general
circulation.

Approved,