Republic of the Philippi
HOUSE OF REPRESENTATIVES
Quezon City

RECEIVED
nay 2 SEP. 20 B

we

SIXTEENTH CONGRESS
First Regular Session

House Bill No._ 2652

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
DIRECTING THE ELECTRONIC RECORDING OF CUSTODIAL INTERROGATIONS
TO PREVENT THE USE OF FALSE CONFESSIONS

EXPLANATORY NOTE

False confessions have led to the conviction of many innocent persons.
Research done by the Innocence Project, an organization based in the Benjamin N.
Cardozo School of Law at Yeshiva University in New York revealed that 25 percent of
the over 220 wrongful convictions overturned by DNA evidence in the US have involved
some form of a false confession. Researchers who studied this phenomenon have
determined that the following factors contribute to or cause false confessions:

* Real or perceived intimidation of the suspect by law enforcement;

* Use of force by law enforcement during the interrogation, or perceived threat of
force;

‘© Compromised reasoning ability of the suspect, due to exhaustion, stress,
hunger, substance use, and, in some cases, mental limitations, or limited
education;

« Devious interrogation techniques, such as untrue statements about the
presence of incriminating evidence; and


+ Fear, on the part of the suspect, that failure to confess will yield a harsher
punishment.

The Philippines has laws which outline the rights of the accused in custodial
investigations; however, a practical and effective means to ensure that these rights will
be upheld and protected should be established.

One such method to prevent the occurrence of "false confessions" that would
lead to wrongful convictions is to make an electronic recording of the entire interrogation
process. The Innocence Project has recommended specific changes in the practice of
suspect interrogations in the U.S., including the mandatory electronic recording of
interrogations, which has been shown to decrease the number of false confessions and
increase the reliability of confessions as evidence. To date, approximately 500
jurisdictions in the US have voluntarily adopted recording policies.

An electronic recording of interrogations helps the innocent by creating a record
of the entire interrogation, including the interaction leading up to the confession and
creating a deterrent against improper or coercive techniques that might be employed
absent the presence of a recording device. On the other hand, the recording also
assists law enforcement, by preventing disputes about how an officer conducted himself
or treated a suspect, and capturing subtle details that may be lost if unrecorded which
helps law enforcement better investigate the crime.

In light of the reasons stated above, the immediate passage into law of this
proposed measure is earnestly requested.

\

DIOSDADO P, ARROYO GLORIA MAGAPAGAL ARROYO
Second District, Camarines Sur Second District, Pampanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House Bill No._ 2652

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
DIRECTING THE ELECTRONIC RECORDING OF CUSTODIAL INTERROGATIONS
TO PREVENT THE USE OF FALSE CONFESSIONS

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 “Preventing False
Confessions Act of 2013.”

SECTION 2. Declaration of Policy. — It is the policy of the State to protect the
rights of the accused during custodial investigations. To prevent “false confessions”
from leading to wrongful convictions, it shall establish an objective record of what
transpired during the course of the interrogation process.

SECTION 3. Definitions. — For purposes of this Act, the term:

‘A. “Place of detention” means a jail, police station, holding cell, correctional or
detention facility, or other place where persons are questioned in connection with
criminal charges or juvenile delinquency proceedings.

B. ‘Custodial interrogation” means any questioning done during custodial
investigation, involving a law enforcement officer's questioning that is reasonably
likely to elicit incriminating responses and in which a reasonable person in the
subject's position would consider himself to be in custody, beginning when a


person should have been advised of his rights as an accused and ending when
the questioning has completely finished

C. “Custodial investigation” is any inquiry initiated by law enforcement officers
after a person has been taken into custody or otherwise deprived of his freedom
of action in any significant way. It shall include the practice of issuing an
“invitation” to a person who is investigated in connection with an offense he is
suspected to have committed, without prejudice to the liability of the “inviting
officer for any violation of law.

D. “Electronic recording” or “electronically recorded” means an audio and visual
recording that is an authentic, accurate, unaltered record of a custodial
interrogation

E. “Statement” means an oral, written, sign language or nonverbal
communication

SECTION 4. Electronic Recording Procedures. —

A. All statements made by a person during a custodial interrogation shall be
electronically recorded.

B. If any part of the interrogation necessarily takes place outside of a place of
detention, audio recording is an acceptable alternative to audio and visual
recording.

C. In places of detention, the camera shall be simultaneously focused upon both
the interrogator and the suspect.

SECTION 5. Presumption of Inadmissibility. - Except as provided in Section 6 of

this Act, all statements made by a person during a custodial interrogation that are not
electronically recorded, and all statements made thereafter by the person during the
custodial interrogations, including but not limited to statements that are electronically
recorded, shall be inadmissible as evidence against the person in any criminal or
juvenile delinquency proceeding brought against the person.

SECTION 6. Overcoming the Presumption of Inadmissibility. - The presumption

of inadmissibility of statements provided in Section 5 of this Act may be overcome, and
statements that were not electronically recorded may be admitted into evidence in a
criminal or juvenile delinquency proceeding brought against the person, if the court

A. That the statements are admissible under applicable rules of evidence;

B. Before or during a custodial interrogation, after having consulted with his or
her lawyer, the person unambiguously declared on videotape that he or she


would only respond to the officer's questions if his or her statements were not
electronically recorded;

C. Exigent circumstances existed which prevented the making of, or rendered it
not feasible to make, an electronic recording of the custodial interrogation.

SECTION 7. Monitoring Requirement. -

A. Compliance with the electronic recording requirement shall be monitored by
the Dept. of Justice (DOJ) through the submission of forms developed by the
DOJ to survey recorded interrogations and outcomes and identify any patterns of
noncompliance. These forms shall be submitted by the trial judge and the
prosecutor for:

1. cases in which recorded interrogations were introduced as evidence in
accriminal case;

2. cases in which interrogations were not recorded but were nonetheless
introduced as evidence in a criminal case;

3. cases in which interrogations were recorded and a plea of guilty to
felony charges was entered and accepted by the court; and

4. cases in which interrogations were not recorded and a plea of guilty to
felony charges was entered and accepted by the court.

B. Compliance with the electronic recording requirement shall be monitored by
the Philippine National Police (PNP) through the submission of forms by the
interrogating officer(s) in each case of recorded and unrecorded interrogation
These forms shall be developed by the PNP, with the expectation that the
reporting forms shall identify any patterns of noncompliance.

SECTION 8. Handling and Presentation of Electronic Recordings.-

A. Every electronic recording of a custodial interrogation shall be clearly identified
and catalogued by law enforcement personnel

B. If a criminal or juvenile delinquency proceeding is brought against a person
who was the subject of an electronically recorded custodial interrogation, the
electronic recording shall be preserved by law enforcement personnel until all
appeals, post-conviction and habeas corpus proceedings are final and
concluded, or the time within which such proceedings must be brought has
expired.

C. Upon motion by the defendant, the court may order that a copy of the
recording be preserved for any period beyond the expiration of all appeals.


D. If no criminal or juvenile delinquency proceeding is brought against a person
who has been the subject of an electronically recorded custodial interrogation,
the related electronic recording shall be preserved by law enforcement personnel
until all applicable state and federal statutes of limitations bar prosecution of the
person

SECTION 9. Appropriation. — To carry out the provisions of this Act, such amount
as may be necessary is hereby authorized to be appropriated from the National
Treasury. Thereafter, the amount necessary for the continuous monitoring, handling
and preservation of electronic recordings shall be included in the annual appropriation
of the DOJ and the PNP.

SECTION 10. Separability Clause. — If any provision or part hereof, is held invalid
or unconstitutional, the remainder of the law or the provision not otherwise affected shall
remain valid and subsisting

SECTION 11. Repealing Clause. — Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule or regulation contrary to
or is inconsistent with the provision of this Act is hereby repealed, modified, or amended
accordingly.

SECTION 12. Effectivity Clause. — This Act shall take effect fifteen (15) days
after its publication in at least two (2) newspapers of general circulation

Approved,