Republic of the Philippines

House of Representatives
Quezon City
NINETEENTH CONGRESS & ga
Third Regular Session eto INDEX

House Bill No._ 11088

Introduced by Representative Albert S. Garcia

EXPLANATORY NOTE

This proposed legislation, the "Body Camera and CCTV Protection Act," aims to
establish clear protocols for the use of body cameras and CCTV systems during police
operations, raids and other similar activities. It is grounded in three key objectives:
protecting the rights of individuals, upholding the integrity of police actions, and
safeguarding the welfare of all those involved.

This measure mandates that body cameras be standard equipment for all law
enforcement personnel during police operations. By recording the entirety of an
operation, we can minimize misunderstandings, reduce incidents of misconduct, and
provide a clear record of events should disputes arise.

Another important aspect of this bill is the prohibition on tampering with CCTV
systems during operations. CCTV cameras have become essential in maintaining
security, and any interference with them not only damages public trust but can
compromise the safety of individuals in high-traffic areas. By preventing law
enforcement from blocking or disabling these cameras, we are reinforcing a standard
of transparency that supports both public security and the smooth operation of
businesses.

In today’s complex world, where the balance between security and individual
rights is constantly tested, it is crucial to ensure that law enforcement operates with the
highest level of transparency and accountability. | urge my colleagues to support this
measure, which is not just about technology but about fostering a culture of integrity in
cour law enforcement practices.

trict, Bataan



Republic of the Philippines
House of Representatives
Quezon City
NINETEENTH CONGRESS

Third Regular Session

House Bill No._ 11083

Introduced by Representative Albert S. Garcia

AN ACT MANDATING LAW ENFORCEMENT PERSONNEL TO WEAR A BODY
CAMERA DURING LAW ENFORCEMENT AND SPECIAL POLICE OPERATIONS,
PROVIDING GUIDELINES FOR THE USE OF BODY CAMERA AND VIDEO
FOOTAGE RETENTION, PENALIZING NON-COMPLIANCE WITH RECORDING
AND RETENTION REQUIREMENTS, AND PROHIBITING THE DISMANTLING OF
CCTV SYSTEMS DURING OPERATIONS

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 "Body Camera and CCTV
Protection Act."

SEC. 2. Definition of Terms. — As used in this Act:

(a) "Law enforcement officer" refers to any person authorized by law to prevent,
investigate, apprehend, or detain individuals suspected or convicted of offenses under
Philippine laws.

(b) "Law enforcement operation" includes the service of warrants, anti-illegal activities,
and similar actions.

(c) "Special police operation" refers to operations with a specific mission, such as
checkpoints, roadblocks, and hostage situations.

(d) "Body Camera" means a recording device worn by law enforcement personnel that
captures audio and video during operations.

(e)""Closed-Circuit Television (CCTV)" is a video surveillance system that records visual
footage for security monitoring.

(f) "Data Repository Bank" is the primary storage device for video footage from body
cameras and CCTV systems.

SEC. 3. Body Camera and CCTV Use Requirements. — (a) Body Camera Activation
and Deactivation — Law enforcement personnel must activate body cameras at the
beginning of any operation and keep them on until the operation concludes.

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Deactivation is only permissible upon leaving the scene or with specific consent to
protect privacy. Officers must notify individuals that they are being recorded, except
when such notification may endanger their safety.

1) An occupant of a private residence requests it, provided there is no warrant;
2) An apparent crime victim requests discontinuation; or

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5 (b) Conditions for Deactivation — Officers may discontinue recording if:
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8 3) An individual wishes to remain anonymous in reporting a crime.

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10 (c) Prohibition on Interference with CCTV Systems — During any law enforcement
i ‘or special police operation, especially raids, law enforcement officers are strictly
2 prohibited from interfering with CCTV systems located in the premises. This
B includes tampering with or dismantling the CCTV equipment, blocking the camera's
4 view, tuming or altering the angle of the camera, disabling or modifying the
15 recording function, or engaging in any action intended to prevent the capture of
16 events during the operation. The presence of an unobstructed CCTV system during
17 raids is essential to ensure the safety of all persons involved and to uphold
18 accountability among law enforcement officers. Violation of this provision will result
19 in disciplinary action and possible criminal charges.
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21 (a) Seizure of CCTV Data - When ordered by the courts, only the data repository
22 bank of the CCTV system shall be seized, leaving the physical CCTV equipment
23 operational to maintain ongoing security surveillance.
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25 SEC. 4, Retention and Access to Video Footage. —
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27 (a) Retention Period - Body camera and CCTV footage shall be retained by the
28 respective law enforcement agencies for a minimum of six (6) months from the
29 date of recording. Footage with evidentiary or exculpatory value may be retained
30 for up to three (3) years if requested by any involved party.
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32 (b) Extended Retention Requirements — Footage shall be retained for at least
33 three (3) years if it:
34 1) Captures any use of force by an officer;
35 2) Records events leading up to an arrest for a felony-level offense; or
36 3) Documents an incident about which a complaint has been filed
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38 (c) Retention Requests — The following individuals may request an extended
39 Tetention period:
40 1) The law enforcement officer involved in the recording;
41 2) Any person appearing in the footage who reasonably asserts its value;
42 3) Superior officers, if they reasonably assert the footage’s evidentiary value;
43 or
44 4) Any subject of the video footage, including their legal guardian or next of
45 kin if deceased.


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(d) Privacy and Access Restrictions — Video footag may not be accessed by
superior officers for review unless there is an allegation of misconduct. Footage
shall not be used for commercial or non-law enforcement purposes and may not
be subject to automated analysis or analytics.

SEC. 5. Exemptions to Public Inspection. - The following types of video footage are
exempt from public inspection under this Act:
(a) Footage not subject to a minimum three (3) year retention period;
(b) Footage retained solely due to a complaint, where the complainant requests
privacy;
(c) Footage retained at the request of a law enforcement officer, superior officer,
or for police training purposes, if not intended for public disclosure.

SEC. 6. Penalties for Violations. — (a) Non-compliance Penalties — Officers who fail
to comply with body camera requirements or interfere with CCTV systems face
imprisonment of two (2) to four (4) years and immediate d'scharge from service. Re-
employment in any law enforcement agency is permanently prohibited. (b) Rebuttable
Presumptions — Failure to record or tampering with footage may create a presumption
favoring criminal defendants or civil plaintiffs in cases of alleged police misconduct,
unless proven otherwise due to exigent circumstances.

SEC. 7. Disciplinary Measures. — (a) Officers who intentionally interfere with the
operation of CCTV systems or fail to activate body cameras as required may face
administrative actions, including suspension or termination.

SEC. 8. Separability Clause. — If any provision is declared unconstitutional, the
remaining sections shall remain effective.

SEC. 9. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or two newspapers of general circulation

Approved,