Republic of the Phitippines
House of Representatives

SEVENTEENTH CONGRESS
First Regular Session

Reena te.

Introduced by Rep. Luisa Lioren Cuaresma
Lone District of Nueva Vizcaya

EXPLANATORY NOTE

‘The State adheres 10 the principle that public office is a public trust and
inherent in this principle is the judicious and responsible stewardship in the
utilization of the government's resources.
Section 1 of Article XI, of the 1987 Constitution  statcs
that, “Public affice is a public trust. Public officers and employees
must, at all times, be accountable to the people. serve them with
utmost responsibility. integrity. layalty, and efficiency; act with
patriotism and justice, and lead modest lives.”

‘The mandatory installation of Global Positioning System (GPS herein after)
device in all government owned vehicle from the national government to the local
government units will first and forcmost allow government agencics, institutions
and its subdivisions including government hospitals w detect, monitor and
investigate movements in real-time of government owned Vehicles to ensure that it
is being used for only for the purposes granted to it by law.


Further, Section 27 of Article I of the 1987 Constitution
provides, “The State shall maintain honesty and integrity in the
public service and take positive and effective measures against
graft and corruption.”

Pursuant to REPUBLIC ACT NO. 7638, it is a declared policy of the State
to ensure a continuous, adequate, reliable and economic supply of energy through
the judicious conservation, renewal and efficient utilization of energy, to keep pace
with the country’s growth and economic development. Therefore, the need to
strengthen the government's effort against the use of government vehicles for the
purposes other than official business in fine with the govemmment’s energy saving
and anti-graft and corruption campaigns.

The satellite tracking of GPS keeps govemment employees honest. The
knowledge that they can be tracked by GPS discourages drivers or public officers
from making inappropriate use of the government owned vehicles. The GPS is also
tan effective way to create and calculate more efficient routes thereby invariably
decreasing gas consumption and cost of vehicle maintenance.

Lastly, Section $ of Article I of the 1987 Constitution

Provides, “The maintenance of peace and order, the protection of

life, liberty, and property, and promotion of the general welfare are

essential for the enjoyment by all the people of the blessings of

democracy.”

The installation of GPS is one of the most efficient and cost-effective way
for the law enforcers and emergency responders to immediately act upon the
reported crime or emergency, assist them in their crime investigation, keep officers
and citizens safe, enable situational awareness and provide evidence for trial for
any official proceedings.

‘The GPS as a vehicle tracking system also assist in theft prevention and
recovery of stolen govemment owned vehicles. The knowledge that GPS, a
monitoring and retrieval device is installed in the unit can greatly dissuade a driver
‘or public officer from enacting criminal activity using government vehicles. When
used as security system, the GPS provides reliable addition to the vehicle's
alarm, The existence of vehicle tracking device then can be used to reduce the
insurance cost, because the loss-risk of the vehicle drops significantly.


In the event that a crime gets consummated especially in cuses of
emergency, the GPS aids in law enforcement and emergency response. Police and
emergency responders can simply follow the signal emitted by the tracking system
and locate the crime scene or emergency.

‘Apprehending responsible persons in such crimes has always been difficult,
in not nearly impossible. For our law enforcers because of lack of comprehensive,
precise evidence for leads. Through the approval of this bill, such limitation will be
downright addressed.

‘Thus, the GPS device help public officer to respond quickly to deter crimes,
respond to emergency, assist in investigations, promotes accountability of public
officers, transparency, provides audit trails that speed up proceedings, declog court
dockets and aid in administration of justice in various types of interaction that law
enforcers perform on a daily basis that protects not only the law enforcers but
citizens alike.

In view of the foregoing, the passage of this bill is earnestly sought

CE honk tse AY


Introduced by Rep. Luisa Lloren Cuaresma
Lone District of Nueva Vizcaya

AN ACT PROVIDING FOR THE MANDATORY INSTALLATION OF GPS
‘TRACKING DEVICE IN ALL GOVERNMENT OWNED VEHICLES IN
‘THE COUNTRY TO PROMOTE TRANSPARENCY, TO AID
ADMINISTRATION OF JUSTICE AND TO PROTECT CITIZENS AND
PUBLIC OFFICERS ALIKE AND APPROPRIATING FUNDS THEREFOR

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 “GPS
Tracking Device Act”

SECTION 2. Declaration of Policy — The State adheres to the
principle that public office is a public trust and inherent in this principle is the
judicious and responsible stewardship in the utilization of the government's
resources. Thus, there is a need to strengthen the government's effort against the
use of government vehicles for purposes other than official business in line with
the government's emergency saving and anti-graft and corruption campaign.


SECTION 3. Definition of Terms — For the purpose of this Act, the
following terms shall be used under the definition provided hereof, to wit:

a) Global Positioning System (GPS) —a space based satellite navigation system
that provides location and time information in all weather conditions,
anywhere on or near the Earth where there is an unobstructed line of sight to
four or more GPS satellites;

b) Government owned vehicles - shall mean any vehicle owned by the
government that is propelled by any power other than muscular power using
the public highways, but excepting road rollers, trolley cars, street-sweepers,
sprinklers, lawn mowers, bulldozers, graders, fork-lifts, amphibian trucks,
and cranes if not used on public highways and roads,

c) Public office - the "owner" of a government-owned motor vehicle is the head
of the office or the chief of the Bureau to which the said motor vehicle
belongs.

4) Public officer - the person who is assigned by the government to use
government owned vehicle.

«@) Tipewire Early Warning — the feature of the GPS device to give the vehicle
‘owner timely alerts if the vehicle moved when the owner does not intend it
to move.

SECTION 4, Mandatory Installation of GPS — All government
agencies, institutions and subdivisions are required to install a GPS device in every
unit vehicle a government office presently owns/operates or will own/operate in
the future,

SECTION 5. Monitoring — Each government agency, institution and
subdivision shall conduct regular ocular inspection after lapse of two (2) months
from the promulgation of this Act to comply with the requirement of installing
GPS device in all their units.

SECTION 6. Unannounced Inspection - Authorized personnel of
cach government agency, institution and subdivision, the Department of Interior
and Local Government and the Commission on Audit may conduct unannounced
or surprised inspections to ensure compliance of this Act and to ensure that travel
orders submitted by the public officers matches the GPS data.


SECTION 7. ‘Specifications to Consider — For the purpose of this Act,
the following shall be considered in procuring GPS device.

a) Instant Crash Notification

‘b) Tipewire Early Warning

¢) Stolen Vehicle Location Assist

d) Vehicle Location Assist

¢) Recording limits

1) Geofencing

8) Tracking idle time

h) Weather resistant

i) Data storage

j) Encryption and other security features necessary to protect the GPS device
und the data storage,

k) Control number assigned to each unit shall also be accounted for audit and
control purposes.

SECTION & Training - Proper training on policies and equipment is a
must. The implementing agency should ensure that a thorough logistics plan is in
place prior to implementation. Training should not only be for installation of the
GPS device but also for the law enforcer’s perceptions of the device. Public
officers should understand that the primary purpose of GPS devise ix for
transparency, relinble audit trail, evidence collection and officer and citizen's
safety, Public officers will need to understand they are prohibited to use
government owned vehicles for purposes other than official business.

SECTION 9. Data Storage and Management — For the purpose of
this Act, the following date storage and management must be considered:

4) Storage issues, such as how long and who hus access to the recordings;

'b) Not only must the data be protected and backed up regularly, it must be
accessible to all parties involved;

c) Crime recordings must be managed by law and through policies and may be
retained for 1 default period of time to cover potential performance
complaints,

d) Policies should control the period of time this data is maintained. As
recordings become more ot less important to the government agency,
adjustments need to be made; and


©) The Head of the government agency, institution or subdivision may review
the GPS data they have tsken provided that they are accompanied by the
custodian at all times. Provided further, they may review only for the
purposes intended by this Act.

f) The government agency, institutions and subdivisions shall appoint
custodian to supervise, control and secure GPS device, its storage, database
‘management and ensure its authenticity and integrity.

Database nist protect data st all times with evidence encryption. An audit
trail is created that shows who used the vehicle, the purpose of the use of vehicle,
the time and date of use and returned will not only be useful as evidence in aid of
administration of justice but to ensure accountability of public officers.

SECTION 10. Allowed Use and Disclosure — The use, viewing,
copying, or disclosure of GPS data obtained pursuant to the purposes of this Act
shall only be allowed in any of the following circumstances:

a) Use, viewing, copying, or disclosure to a member or public officer in
connection with and limited to the investigation or prosecution of an offense
punishable by law or regulation;

b) Use, viewing, copying, or disclosure in connection with any pending
criminal, administrative or civil proceeding shall be allowed provided that it
is accompanied by a request from a judge. quasi-judicial body or head of the
Jaw enforcement agency, ot

©) Viewing of 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 the offense was
perpetrated may be allowed provided that they acquire permit from the
department head where the data is stored. Provided further, they shall be
‘accompanied by the custodian at all times.

SECTION 11, Admissibility as Evidence — For the purposes
mentioned in this Act, the data taken from GPS shall be admissible as evidence
civil, administrative, criminal or any official proceedings without prejudice to the
Rules on Evidence and other special laws.

Certificate of Authenticity or any of the following stated in SECTION


12 hereof shall be attached to the records in any proceedings without prejudice to
the Rules on Evidence and other special laws.

SECTION 12. Manner of Authentication - Before any data
taken from GPS offered as authentic is received in evidence, its authenticity must
be proved by any of the following means:

8) By evidence that it had taken by the person purported to have taken the
same,

) By Certificate of Authenticity issued by the law enforcement agency 1
certify its authenticity shall be signed by all of the following:

1. GPS custodian; and
2. Department head where the database is being stored

©) By other appropriate security procedures or devices as may be authorized
by the Supreme Court or by law for authentication of electronic data are
‘applied to the GPS data taken; or

4d) By other evidence showing its integrity and reliability to the satisfaction of
the judge.

SECTION 13. _ Implementing Rules and Regulations — Within
ninety (90) days from the effectivity of this Act, the implementing agencies,
government institutions and subdivisions in consultation with appropriate
government agencies and other stakeholders shall promulgate the necessary niles
and regulations us may be necessary to carry out the purpose of this Act.

SECTION 14. Penal Clause — Altering, destroying, suppressing
or concealing recorded GPS data with intent to impair its verity, authenticity,
legibility, availability, or admissibility as evidence in any investigation of or
official proceedings in, civil, criminal or administrative cases shall be punishable
with imprisonment of not exceeding one (1) year, or & fine not exceeding ten
thousand pesos (P10,000.00), or both without prejudice to other civil, criminal and
administrative liabilities that may arise therefrom.


SECTION 15. Appropriations - Euch government institutions,
agencies and subdivisions shall immediately include the operationalization of the
GPS device, the funding of which shall be included in the annual General
Appropriations Act.

SECTION 16. Separability Clause — Should any provision of
this Act be subsequently declared unconstitutional, the same shall not affect the
validity or the legality of the other provisions.

SECTION 17. __Effectivity Clause. - This Act shall take effect
fifteen (15) days after its publication in the Official Gazatte or newspaper of
general circulation. Approved,