Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Eighteenth Congress
First Regular Session

HOUSE BILL No. _4619

Introduced by Representative Romulo “Kid” Peiia, Jr.

EXPLANATORY NOTE

Public safety and law and order are at the top in the pantheon of what
the state is not only empowered but also duty bound to consider as
compelling interest. As modes of criminality become more complex and
with the constant threat of terror looming large, the state must respond by
improving its means and capabilities in achieving these stated ends. It is in
this spirit that this bill is proposing to make the installation of CCTV’s, in

certain specified and strategic areas, mandatory.

The proponent of this law believes that there is a two-fold rationale in
how this measure will promote public safety and the better enforcement of
law and order. First, it would give law enforcers a significant lead when a
crime is committed where otherwise none would have been had. Several
instances of public prominence, as well as the experience of other states,
have effectively shown that oftentimes the presence of a captured footage in
CCTV spells the difference between solving a crime and letting a criminal

with a propensity to commit more heinous acts roam free. Second, the


presence of CCTV’s constitute an effective deterrence to the commission of
a crime. It is elementary in criminal psychology that a person attempting to
perpetuate a crime or do some legal wrong to a fellow citizen, is less likely
to go through with his/her sinister plan when there is the threat that he/she
would not be able to get away with committing such because his/her actions

are being captured by a CCTV camera.

On a final sobering note, the alarming rise in acts of terror
successfully committed in other more advanced states should serve as a
chilling reminder to us Filipinos of how vulnerable we truly are to the same
attacks. In an ideal world we would have no need to protect ourselves, but
alas, we are not waking up in one. Therefore, the next best alternative is that
we be able to protect ourselves, our families, and our communities, to the
very best of our abilities. This proposed measure is a small step towards that

end.

Immediate approval of this bill is earnestly sought.

RO)



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Eighteenth Congress
First Regular Session

HOUSE BILL No. 4619
Introduced by Representative Romulo “Kid” Pefia, Jr.

AN ACT
REQUIRING BUSINESS ESTABLISHMENTS, GOVERNMENT
OFFICES, PUBLIC BUILDINGS, PARKS, SCHOOLS, STREETS,
ALLEYS AND OTHER PLACES OF PUBLIC CONGREGATION TO
INSTALL CLOSED CIRCUIT TELEVISION CAMERAS AS A
MEANS TO DETER CRIME

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 “CCTV
Cameras for Crime Prevention Act of 2019.”

SECTION 2. Declaration of Policy. — It is the policy of the State to
maintain peace and order, protect life, liberty and property, and to promote
the general welfare. Towards this end, the State shall facilitate helpful
strategies and means to discourage crime and increase the safety and security
of the public without impinging on constitutionally protected rights.

SECTION 3. Definition of Terms. — For the purposes of this Act, the
following terms shall be defined as follows:

a) CCTV refers to the use of the video cameras to transmit a signal to
a specific place, on a set of monitors/ a television system that
transmits images on a “close loop” basis, where images are only
available to those directly connected to the transmission system.


b) Government Office refers to the administrative working space for
public employees.

c) Public Buildings shall include every building owned by the
government or belonging to a private person but used or rented by
the government although temporarily occupied by the same.

d) Parks shall refer to an area of land, usually in its natural state,
having facilities for rest and recreation of the public, owned and
managed by a city, municipality or state.

e) Schools refers to any building. structure, court or space dedicated
for education or learning whether public or private.

f) Public Congregation refers to places or areas where a large crowd
usually gathers like places of worship, sports stadium and the like.

g) Streets shall mean a public thoroughfare where people may move
about in public or private means of transportation, and where they
may freely assemble or interact.

h) Alley shall refer to a narrow lane, path or passageway, often for use
of pedestrian

i) Business Establishments refers to any establishment used for
commercial purposes and operating for selling products to, or
providing services to the general public. They shall include but
shall not be limited to banks, restaurants, hospitals, malls,
shopping centers, movie houses, theaters, supermarkets groceries,
entertainment centers, warehouses and other similar
establishments.

SECTION 4. Objective. — The CCTV shall be utilized to promote
crime prevention and uphold public safety with due regard to the privacy of
every individual. It shall be installed and maintained to monitor and keep a
recording of images in the premises of business establishments, government
offices, public buildings, schools, parks, streets, alleys, and other areas of
public congregation. It shall facilitate as an additional resource for law


enforcement and security assistance whenever necessary and provide an
effective crime deterrent by its threat of retrievable data recording.

SECTION 5. Coverage. — The installation of CCTV cameras shall be
mandatory in all government offices, public buildings, schools, parks,
streets, alleys, business establishments, and other areas of public
congregation. This requirement shall likewise ensure that the CCTV cameras
are working and turned on and recording for twenty-four (24) hours each
day for seven (7) days each week. Data of recordings shall be kept for a
period not less than sixty (60) days from actual date of recording.

In case of cities and municipalities, the funding requirements for the
installation of the CCTVs shall be included in the General Appropriation Act
of the Department of Interior and Local Government (DILG) in the year
following its enactment, with the technical assistance of the Department of
Science and Technology (DOST).

SECTION 6. Persons Responsible. — The Head of Office in case of
government offices and public buildings and the City/Municipal Mayors
with respect to parks, streets, alleys and other public congregations in their
respective territorial jurisdiction, as well as the Owner/Administrators of
academic/learning institutions with regard to schools, and the
Owners/Proprietors of business establishments shall cause installations of
CCTV’s.

SECTION 7. Notice of Surveillance. — A signage informing the
general public of the existence of the CCTV cameras shall be installed. It
shall be visible, distinctive and located in areas with good lighting.

SECTION 8. Procedure for Access and Disclosure of Recordings —
The access, disclosure, use, viewing, or copying of images and recordings
performed in accordance with this Act shall only be allowed in the following
instances:

1. Upon a written request from a person in authority in connection with
and limited to an investigation for the prosecution of an offense
punishable by law;

2. Upon lawful order of the court, in connection with a pending criminal
or civil proceeding;


3. To determine whether an offense has been committed against a person
or property and to ascertain the identity of the perpetrator and the
manner by which the crime was committed;

4. Any person whose image has been recorded may make an application
in writing for a copy of the recording or the still images;

5. Law Enforcement Agencies shall not be allowed to release images or
recordings from the CCTV to the media, except only when the
circumstances warrant to help identity the perpetrator of a crime or
locate his whereabouts, or as a matter of public information.

The use, copying or disclosure of images and recordings shall be
authorized within twenty-four (24) hours after submission of the request as
herein specified.

SECTION 9. Penalties. — Any act or omission in violation of the
mandatory requirement under this Act shall be punishable with
imprisonment not exceeding six (6) months or a fine not to exceed fifty-
thousand (P 50, 000.00) pesos, or both without prejudice to other civil or
criminal liabilities that may arise therefrom.

The persons or officers enumerated under Section 5 shall be held
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. For government offices and public places, the non-installation of
the CCTV’s shall be considered as nonfeasance and the officers responsible
shall be subject to the penalties provided for in appropriate laws.

SECTION 10. Implementing Agency. - The Department of Interior
and Local Government and the respective Local Government Units (LGU)
shall ensure the effective implementation and enforcement of this Act.

SECTION 11. Implementing Rules and Regulation. — Within thirty
(30) days from the effectivity of this Act, the Secretary of Interior and Local
Government, in consultation with appropriate government agencies and
other stakeholders, shall promulgate the necessary rules and regulations to
implement this Act.


SECTION 12. Repealing Clause. — All laws, presidential decrees,
executive orders, rules and regulations or part thereof, contrary to or
inconsistent with the provisions of this Act, are hereby repealed or modified
accordingly.

SECTION 13. Separability Clause. — If any section or provision of
this Act is held unconstitutional or invalid, all other sections or provisions
shall remain in full force and effect.

SECTION 14. Effecti Clause. — This Act shall take effect fifteen
(15) days after its complete publication in any two (2) newspapers of general
circulation.

Approved,