EIGHTEENTH CONGRESS OF THE 
]
REPUBLIC OF THE PHILIPPINES 
]
First Regular Session 
]
S. No.
SENATE
721
of 
f c f t r r t a r ?
•19 
JUL 24 
W1 OO
RECEiVtD BY;
Introduced by SENATOR SHERWIN T. GATCHALIAN
AN ACT MANDATING THE USE OF ON-BODY CAMERAS BY LAW ENFORCE­
MENT OFFICERS DURING ANY ANTI-ILLEGAL DRUG AND CRIM INALITY 
OPERATIONS, AND PROVIDING FUNDS THEREFOR
EXPLANATORY NOTE
The untimely death of seventeen year-old Kian Lloyd delos Santos during an 
anti-drug and criminality police operation sparked anew allegations of human rights 
abuse and police brutality, casting doubts and furor over the continued rash of kill­
ings. Although accusations without proof are downright unfair, our police operatives 
as the primary protector of the civilian populace, must ensure that their integrity and 
character are always beyond reproach, especially in the conduct of their function.
It is the intent of this measure to deter misconduct and improve law enforce­
ment accountability during police encounters by the introduction of the body cam­
era. A recording made in the body camera shall provide evidence of an objective 
narration of the police operation. The account on the incident will be factual and 
from hereon not be reliant on witnesses with uncorroborated hearsay and self- 
serving testimonies. In this wise, the function of the on-body camera will be two­
pronged: protect the public against police misconduct, and help protect our police­
men from false accusations of abuse.


Further, it is important to recognize the value of utilizing technology as an 
important enforcement and public safety tool. In order, however, that public confi­
dence in this technology is maintained, basic policies to protect the integrity of the 
recording must be put in place, fortified with stringent guidelines in its use. The pur­
pose of this Act is to provide guidance in the responsible and effective use of overt 
cameras in public areas by the police for the purpose of safety and security. Since 
the cost involved in the procurement of the body cameras will be significant, the im­
plementation of this measure shall be in several phases and the determination of the 
number of personnel who will be armed with the on-body camera shall initially in­
volve law enforcement officers who are tasked to conduct antiillegal drug and crimi­
nality operations in the country.
This legislation is necessary to institutionalize reforms to help allay the fears 
of the public when conduct of these operations will be made in the future, hence.
of this bill is earnestly sought.
. GATC


EIGHTEENTH CONGRESS OF THE 
]
REPUBLIC OF THE PHILIPPINES 
]
First Regular Session 
]
S. No
SENATE
721
i n v i t e
of t|K ^rcrrturp
*19 JUL 24 All :30
RECEIVED BY:
Introduced by SEN. SHERWIN T. GATCHALIAN
AN ACT MANDATING THE USE OF ON-BODY CAMERAS BY LAW ENFORCE­
MENT OFFICERS DURING ANY ANTI-ILLEGAL DRUG AND CRIM INALITY 
OPERATIONS, AND PROVIDING FUNDS THEREFOR
Be it enacted by the Senate and the House o f Representatives o f the 
Philippines in Congress assembled:
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SEC. 1. Short Title. - This Act shall be known as the "Police On-Body Cam
Act".
SEC. 2. Declaration o f Policy. - It is the declared duty of the State to 
maintain peace and order, protect life, liberty and property and promote the 
general welfare. Towards this end, the State shall continuously develop 
mechanisms 
to 
help 
improve 
law 
enforcement 
transparency 
and 
accountability, hence:
a) There shall be proper documentation of interactions between law 
enforcement officers and the public, especially during anti-illegal drug and criminality 
operations;
b) Utilize modern technology as a tool to deter incidents of abuse or 
misconduct by law enforcement officers during legitimate police operations, as well 
as safeguard these officer's rights against false accusations;
c) Devise means to reduce the cost and impact of crime in the community;


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d) Improve community relations between police enforcement officers and the
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public by maintaining policies that balance the rights of the public for privacy and
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the promotion of accountability during anti-illegal drug and criminality operations.
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SEC. 3. Definition o f Terms. - For purposes of this Act, the following 10
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terms shall be defined as follows:
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a) On-Body Camera shall refer to the use of a wearable audio, video or
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photographic recording system utilized by law enforcement officers to record their
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interactions with the public or gather video evidence at crime scenes. Some feature
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live streaming capabilities while others are based on local storage;
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b) Images shall refer to recorded images in the On-Body Camera;
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c) Law Enforcement Officers shall refer to elements of the Philippine National
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Police (PNP), and members of the Drug Enforcement Unit of the Philippine Drug
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Enforcement Agency (PDEA);
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d) Anti-illegal Drug and Criminality Operation shall refer to any law
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enforcement or police operation involving the conduct of searches, service of
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warrants, arrest or apprehension of persons for violation of Republic Act No. 9165,
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as amended, or any other law related to illegal drug activities, as well as of laws
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involving other crimes, or under any related anti-drug or criminality program or
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campaign of the PNP;
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SEC. 4. Use o f On-Body Camera in Police Operations. - Members of the
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Philippine National Police (PNP) and other law enforcement officers involved in anti-
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illegal drug and criminality operations are hereby mandated to use on-body cameras
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during police operations and as such, shall establish protocols and stringent standard
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for the responsible and effective use of this overt camera.
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The camera must be turned on and left running until the operations shall have been
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completed.
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SEC. 5. Minimum Standards. - The on-body camera system must be
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capable of setting on playback a full account of the operation that was concluded. It
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must likewise be ensured that the cameras are of 6 high-quality resolution capable
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of delineating the activity and physical features of individuals and areas within the
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premises being recorded.


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The requirement for the technology that will become the storage for the recorded
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data must consider optimum measures to retain its integrity, preventing tampering,
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deleting or copying as well as prohibiting its unauthorized use.
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Other standard specifications of the camera shall be provided in the IRR of this Act.
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SEC. 6. On-Body Camera Recordings. - In all anti-illegal drug and
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criminality operations of law enforcement officers, on-body cameras shall record in
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full all the activities incidental to the conduct of the operation. There shall be
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continuous recording of the events throughout these encounters to ensure that
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officers involved cannot manipulate what is to be recorded. Neither shall the consent
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of any person recorded be necessary for the continuous recording of the on-body
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camera.
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The content of the recordings become property of the State. It is vital that
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these recordings are tamper-proof and access thereof shall contain immutable
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audits. They shall not be accessed or downloaded without obtaining prior authority
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from the courts.
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SEC. 7. Privacy Rights. - The use of the on-body camera shall be made in a
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manner consistent with the Constitution and laws on privacy.
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The on-body camera shall not be used surreptitiously in order to obtain data or
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information that is unrelated to the purpose of the operation. Any recording of
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person(s) inside a restroom, toilet, shower, bathroom, bedroom, changing room and
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other similar areas shall not be allowed to be used as evidence in any court of law
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except when the suspect or the person under investigation has concealed himself
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and/or the contraband in the places mentioned, or that the crime was committed
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therein.
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As part of an information campaign, the public shall be informed of the
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general procedure and guidelines in the conduct of the police operation with the on-
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body camera in at least two (2) newspapers of general circulation. It shall likewise
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be posted in the website of the PNP and the PDEA and printed copies thereof shall
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be displayed in every police precinct to constitute due notice of the presence of the
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on-body camera during these police operations.
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SEC. 8. Procedure fo r Access and Disclosure o f Recordings. Only
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persons authorized by the court, upon application, shall have access to images and


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recordings from law enforcement or police on-body cameras. Viewing of the images
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and recordings shall take place in a restricted area or in private conditions. All access
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granted under the circumstances must be documented and for a limited or
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prescribed time only. The courts shall in its discretion grant the use, viewing,
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copying or disclosure of images and recordings performed in accordance with this
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Act under the following circumstances:
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a) Upon request by law enforcement officers in connection with and limited to
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an investigation for the prosecution of an offense punishable by law, which is the
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subject of the operation or incidental to the occurrence of the operation;
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b) By a person whose image has been captured indubitably revealing
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information of a highly sensitive and personal nature;
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c) Where a disclosure of the recording is necessary to advance a compelling
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interest of the public;
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d) By any interested person in connection with a pending criminal or civil
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proceeding to prevent a serious threat to the fair administration of justice;
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e) To determine whether an administrative or criminal offense has been
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committed by a law enforcement officer during the course of an anti-illegal drug and
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criminality operation, and to ascertain his identity and the manner by which the
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offense was committed. Law Enforcement Officers are prohibited to release images
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or recordings from the on-body camera to the media or to upload the same onto
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public and social media internet websites.
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The courts shall give its order allowing or denying the use, copying or disclosure of
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images and recordings within twenty-four (24) hours after submission of the
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request, as herein specified.
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The public shall be informed of the procedure for the access to the images and
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recording of the operation in a manner consistent with the policy of this Act.
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SEC. 9. Retentionf Storage and Preservation. - Unless otherwise
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reserved for a specific purpose to review the events of a crime, or where the
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recording shall be used as evidence in an administrative, civil, or criminal
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proceeding, or where there is a formal or informal complaint against any law
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enforcement or police officer involved in the operation, or where the operation has
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led to the arrest or detention of person(s), or that the information in the recording


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needs to be studied further for any number of reasons, data of recordings shall not
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be kept for more than thirty (30) days and shall be deleted beyond said period.
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The administration for the proper data storage, the chain of custody for the camera
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and its recording, and the guidelines for the release of the recording with prior leave
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of the court, shall be provided for in detail in the Implementing Rules and Regulation
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which must be consistent with the policy established herein.
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SEC. 10. Officers' Training. - There shall be an appropriate training 30 for
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the law enforcement officers in the use and handling of the on-body camera. It is
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important that their knowledge shall include both the technical familiarity on usage
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of the camera and the implication of Constitutional provisions and other relevant
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laws on the protection of privacy.
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SEC. 11. Periodic Review. - A bi-annual review of the use of the on body
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camera and the utilization of its recording shall be required to ensure that the
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policies established under this Act are effectively implemented. A copy of the report
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on the findings made from the review conducted shall be submitted to Congress
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within thirty (30) days upon its conclusion.
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SEC. 12. Prohibited Acts.
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a.) Any law enforcement officer who shall participate in the anti-illegal drug
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and criminality operation but fails to wear, record or otherwise interfere with the on-
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body camera recording shall suffer the penalty of suspension from service for a
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period of six (6) months without pay; Provided, that if said anti-illegal drug and
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criminality operation results in the injury or death of a drug personality or any other
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person who is not a law enforcement officer, the law enforcement officer shall suffer
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the penalty of permanent removal from service; Provided, Further, that the
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presumption of irregularity and misconduct in the course of the performance of his
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duty may be rebutted only by evidence of 
another recording attesting to the
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regularity in the conduct of the operations exculpating said officer or by proof that
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circumstances has made it impossible for him to comply with the provisions of this
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Act;
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b.) Where a law enforcement officer involved in the operation has abused his
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authority and committed a crime, regardless whether the incident has been captured


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in the on-body camera recording, he shall be prosecuted under the law for the crime
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which he has committed and the penalty to be applied shall be the maximum period;
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c.) Any use of the recording that are not in accordance with the objective of
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this Act shall be punishable with an imprisonment of not less than six (6) months but
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not exceeding six (6) years, or a fine not less than One Hundred Thousand Pesos
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(Php 100,000.00) but not more than One Million Pesos (Php 1,000,000,00) or both
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such fine and imprisonment at the discretion of the court.
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SEC. 13. Appropriations. - The amount necessary to carry out the
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provisions of this Act shall be included in the budget of the Department of Interior
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and Local Government in the General Appropriations Act in the year immediately
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following its enactment.
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SEC. 14. Im plem enting Rules and Regulations. - The Director General of
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Philippine Drug Enforcement Agency (PDEA) and the Philippine National Police in
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ciose coordination with the Secretary of Interior and Local Government, and the
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Secretary of Justice shall issue the necessary rules and regulations for the effective
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implementation of this Act, including the 18 determination of the number of PNP and
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PDEA personnel who shall be prioritized in the initial phase of implementation of this
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Act.
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SEC. 15. Repealing Clause. - All laws, presidential decrees, executive
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orders, rules and regulations or part thereof, contraiy to or inconsistent with the
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provisions of this Act, are hereby repealed or modified accordingly.
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SEC. 16. Separability Clause. - If any section or provision of this Act is held
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unconstitutional or invalid, all other sections or provisions shall remain in full force
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and effect.
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SEC. 17. Effectivity Clause - This Act shall take effect fifteen (15) days after
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its publication in at least two (2) newspapers of general publication.
Approved,