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HOUSE OF REPRESENTATIVES N
rg. OCT $0 2018“

Quezon City

Eighteenth Congress
First Regular Session

HOUSE BILL NO. 5268

Introduced by Rep. Bernadette Herrera-Dy

AN ACT RECOGNIZING DASHCAM VIDEOS, CCTV VIDEOS, AND OTHER,
VIDEO FOOTAGES FROM CITIZENS TO BE ADMISSIBLE AS ELECTRONIC
EVIDENCE PROVIDED THEREIN PRIMA FACIE PROOF OF TRAFFIC
VIOLATIONS

Explanatory Note

The Metro Manila Development Authority (MMDA) installed closed-circuit television
(CCTV) along major roads in Metro Manila to apprehend vehicles violating traffic rules, laws
and regulations and to supplement the number of traffic enforcers on the road. Through its no-
contact traffic apprehension policy, the MMDA summons traffic violators through registered
mail. It also launched its website (https://www.mayhuliba.com/) to help drivers know if they
committed any traffic violations. It was reported that 377,429 traffic violators were
apprehended by the MMDA from January to May through its no-contact apprehension policy
this year. This is said to be 361,714 more than the 15,715 violators in the same period in 2018.
Further, the report showed that in the first quarter of 2019, the MMDA apprehended 272,440
motorists for violating the yellow lane policy; 41,641 for disregarding loading and unloading
zones; 20,070 for disregarding traffic signs; 12,604 for illegal parking and 11,588 for violating
the number coding scheme.

In this digital age, we see the importance of technology in all government processes. According
to the Organization for Security and Co-operation in Europe (OSCE), “digital technologies and
electronic evidence play an increasingly important role in ‘traditional’ crime as well.” In
criminal cases, we even adopted rules on electronic evidence. Rule 11, Section 1 of A.M. No.
01-7-01-SC of the Supreme Court of the Philippines states that “audio, photographic and video
evidence of events, acts or transactions shall be admissible provided is shall be shown,
presented or displayed to the court and shall be identified, explained or authenticated by the
person who made the recording or by some other person competent to testify on the accuracy
thereof.” With the changing times, it is necessary to utilize technology in the development of
various sectors.

According to a joint study by RAND Corporation, Police Executive Research Forum (PERF),
and the National Institute of Justice, “digital evidence has a wider scope, can be more
personally sensitive, is mobile, and requires different training and tools compared with physical
evidence.” PERF emphasized in its study in the United States that the proliferation of video
security cameras, body-worn cameras, citizen cell phone video, and other digital data sources


urged the security sector to quickly access and process these new data sources, while reducing
the burden on personnel for combing through evidence. In line with the MMDA’s no-contact
apprehension policy which recognizes the use of video footages in the achievement of their
mandate, there is a need for a policy that shall not only accept video footages as evidence but
shall also recognize it as good and sufficient especially in traffic violations. However, not all
roads and areas have CCTVs installed in order to monitor road users. With the help of
technology, itis possible for citizens to be part of the process. There are numerous social media
pages and groups where netizens send videos depicting traffic violators. The MMDA and other
appropriate agencies must be able to access such videos and use them in investigations and
cases. Civilians must also be able to directly submit amateur video footages from their
smartphones or dashcam videos in order to be used by the MMDA to apprehend violators. This
will help not only the efficiency of issuing traffic violations but can also enhance citizen
participation.

It is the duty of the state to safeguard the people and encourage citizen participation. To this
end the government shall pursue a policy recognizing dashcam videos, CCTV videos, and other
video footages from citizens to be admissible as electronic evidence provided therein prima
facie proof of traffic violations.

The passage of this measure is earnestly sought.

BERNADBTTE HERE! DY


HOUSE OF REPRESENTATIVES
Quezon City

Eighteenth Congress
First Regular Session

HOUSE BILL NO. 5268

Introduced by Rep. Bernadette Herrera-Dy

‘AN ACT RECOGNIZING DASHCAM VIDEOS, CCTV VIDEOS, AND OTHER
VIDEO FOOTAGES FROM CITIZENS TO BE ADMISSIBLE AS ELECTRONIC
EVIDENCE PROVIDED THEREIN PRIMA FACIE PROOF OF TRAFFIC
VIOLATIONS

Section 1. Short Title. This Act shall be known as the “Citizen Traffic Watch Act.”

Section 2. Declaration of Policy. It is the duty of the state to ensure the safety of its citizens.
At the same time, the government must encourage the citizens’ active participation in the
promotion of peace and security. To this end, the state shall a pursue a policy recognizing
dasheam videos, CCTV videos, and other video footages from citizens to be admissible as
electronic evidence provided therein prima facie proof of traffic violations.

Section 3. Definition of Terms. For the purpose of this Act, the following terms will mean:

a) Closed Circuit Television (CCTV) — a video camera employed in a CCTV system. A
CCTV system links a camera to a video monitor using a direct transmission system.
CCTV systems have many components with a variety of functions, features, and
specifications. Key components include cameras, lenses, data distribution, power, and
lighting, among others.

b) Dashboard Camera (dashcam)~ dash cams are small video cameras that are typically
installed either on the dashboard of a car, although it can also be attached to the
windshield or placed elsewhere. Any portable camera or recording device can be used
as a dashcam, but purpose-built devices typically run on 12V DC, feature “always on”
recording, and automatically overwrite old data as new data is recorded.

c) Prima facie - may be used as an adjective meaning "sufficient to establish a fact or
raise a presumption unless disproved or rebutted." An example of this would be to use
the term "prima facie evidence."

4) Prima facie evidence — is evidence good and sufficient on its face. Such evidence as,
in the judgment of the law, is sufficient to establish a given fact, or the group or chain
of facts constituting the party's claim or defense, and which if not rebutted or
contradicted, will remain sufficient. Evidence which, if unexplained or uncontradicted,
is sufficient to sustain a judgment in favor of the issue it supports, but which may be
contradicted by other evidence.

¢) Road User - anyone who uses a road, such as a pedestrian, cyclist or motorist.

Section 4. Scope. This Act shall apply to but are not limited to the following laws and policies,
Republic Act No. 4136 or the Land Transportation and Traffic Code, Republic Act No. 10586


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or the Anti-Drunk and Drugged Driving Act of 2013, the Revised Penal Code and its
amendments, the Civil Code, and the Criminal Code of the Philippines.

Section 5. Citizen Participation and Traffic Watch. Any concerned individual may report and
send video footages to the Metropolitan Manila Development Authority (MMDA), Land
Transportation Office (LTO), and other concerned offices regarding traffic violations. Once
verified, the video can be used as proof for traffic violations.

Section 6, Acceptance of Electronic Evidence Such as Dashcam Videos, CCTV, and Other
Video Footages. All video footages received, acquired, or archived by the MMDA, in any
manner or form can be admitted as evidence to prove any traffic violation. These shall be
considered prima facie evidence and can be viewed and used by the MMDA, LTO, government
personnel, legal bodies, and able courts that are tasked to investigate and prosecute such
offenses, as long as deemed necessary for the investigation.

Section 7. Metro Manila Development Authority (MMDA) Monitoring and Archiving
System, The MMDA shall keep a database of footages submitted to them for proper
assessment. MMDA is also tasked to maintain and update a social media account that shall be
used to promote citizen participation and for people to upload and/or send video footages. The
identity of the submitter shall remain confidential unless otherwise needed upon discretion of
the court.

Section 8. Enhancement of ICT and Video Data Processing. To better utilize technology, the
MMDA and other appropriate agencies shall acquire in-house tools to process video evidence.
They shall develop information systems to better manage data, link with metadata, and to allow
searchability and analysis. The Department of Information and Communications Technology
(DICT) shall aid the MMDA through the provision of accurate research and tools in processing
electronic evidence.

Section 9. Education of Traffic Laws and Regulations, The Metro Manila Development
Authority, (MMDA). Land Transportation Office (LTO), the Department of Transportation
(DOT#), the Department of Education (DepEd), the Commission Higher Education (CHED),
Local Government Units (LGUs), barangays, driving schools, and the academe shall provide
an avenue for the education of all traffic and transportation laws under this Act. These may
include but are not limited to information campaigns, media campaigns, seminars, inclusion in
the curriculum, and other mediums. This shall be included and specified in the Implementing
Rules and Regulations of this Act.

Section 10. Appropriations. The amounts necessary to implement this Act shall be included in
the annual General Appropriations Act.

Section 11. Implementing Rules and Regulations. Within ninety (90) days from the effectivity
of this Act, the Department of Transportation (DOTR), the Land Transportation Office (LTO),
the Metro Manila Development Authority (MMDA), Department of Information and
Communications Technology (DICT), local government units, in consultation with other
related government agencies and stakeholders, in consultation with appropriate government
agencies and other stakeholders, shall promulgate the necessary rules and regulations to
implement this Act.


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Section 12. Separability Clause. If, for any reason or reasons, any part of the provision of this
Act shall be held to be unconstitutional or invalid, other parts or provisions hereof which are
not affected thereby shall continue to be in full force and effect.

Section 13. Repealing Clause. All laws, decrees, orders, rules, and regulations, or parts thereof,
inconsistent with the provisions of this Act are hereby repealed, amended, or modified
accordingly.

Section 14. Effectivity Clause. This Act shall take effect after fifteen (15) days following its
publication in the Official Gazette and at least two (2) newspapers of general circulation.

Approved,