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Republic of the Philippines
HOUSE OF REPRESENTATIVES

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Quezon City
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SIXTEENTH CONGRESS noex 8
First Regular Session a

House Bill No, 4284

Introduced by Hon. Sherwin T. Gatchalian

Explanatory Note

The prevalence of crime continues unabated. As much as law
enforcement has intensified its campaign to rid the communities of
crime habitués, its efforts are sometimes inadequate, because criminals
have likewise become resourceful and adept at avoiding capture. The
public has become wary and have tried innovative means to guard
themselves and their property. The emergence of the CCTV has been
most helpful to the public in general because of its usefulness in
detecting crimes, solving unresolved offenses, finding lost or misplaced
items and simply guarding the premises. Its roving surveillance, captures
images in the most unguarded moments, take the perfect example of the
Vhong Navarro incident. Without corroborative evidence of the events,
captured in the CCTV footage of the condominium lobby and elevator,
the veracity of the allegations would still up to this day been hazy and
inconclusive.

In order to protect ourselves, our families, and the community at
large, the effectiveness of employing means to increase our safety and
security is essential, hence the use of the CCTV. This bill mandates
business establishments, public offices, public buildings, schools, parks,
streets, alleys and public congregations to install CCTV cameras in order
to discourage crime and assist the police in law enforcement.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House Bill No. 4284

Introduced by Honorable Sherwin T. Gatchalian

AN ACT
REQUIRING BUSINESS ESTABLISHMENTS, GOVERNMENT OFFICES,
PUBLIC BUILDINGS, PARKS, SCHOOLS, STREETS, ALLEYS AND
OTHER PLACES OF PUBLIC CONGREGATION TO INSTALL CLOSED
CIRCUIT TELEVISION (CCTV) CAMERAS AS A
MEANS TO DETER CRIME

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 CCTV
Cameras for Crime Prevention Act of 2014”.

SECTION 2. Declaration of Policy. - It is the policy of the State
to maintain peace and order, protect life, liberty and property and to
promote the general welfare. Towards this end, the State shall facilitate
helpful strategies and means to discourage crime and increase the safety
and security of the public.

SECTION 3. Definition of Terms. - For purposes of this Act, the
following terms shall be defined as follows:

a) CCTV refers to the use of the video cameras to transmit a signal
to a specific place, on a set of monitors/a television system that
transmits images on a “closed loop” basis, where images are
only available to those directly connected to the transmission
system.

b) Government Office refers to the administrative working space for
public employees.

©) Public Buildings shall include every building owned by the


government or belonging to a private person but used or rented
by the government although temporarily occupied by the same.

) Parks shall refer to an area of land, usually in its natural state,
having facilities for rest and recreation of the public, owned
and managed by a city, municipality or state.

¢) Schools refers to any building, structure, court or space
dedicated for education or learning whether public or private.

{) Public Congregation refers to places or areas where a large
crowd usually gathers like places of worship, sports stadium
and the like.

Streets shall mean a public thoroughfare where people may
move about in public or private means of transportation, and
where they may freely assemble or interact.

8)

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Alley shall refer to a narrow lane, path or passageway, often for
use of pedestrians.

i) Business Establishments refers to any establishment used for
commercial purposes and operating for selling products to, or
providing services to the general public. They shall include but
shall not be limited to banks, restaurants, hospitals, malls,
shopping centers, moviehouses, theaters, supermarkets,
groceries, entertainment centers, warehouses and other similar
establishments.

i) Persons in Authority shall refer to elements of the Philippine
National Police, Barangay Chairman and Barangay Tanods.

SECTION 4. Coverage. - The installation of CCTV cameras shall
be mandatory in all government offices, public buildings, schools, parks,
streets, alleys and other areas of public congregation. This requirement
shall likewise ensure that the CCTV cameras are working and turned on
and recording for twenty-four (24) hours each day for seven (7) days each
week, Data of recordings shall be kept for a period not less than sixty
(60) days from actual date of recording.

In case of cities and municipalities, the funding requirements for
the installation of the CCTVs shall be included in the General
Appropriations Act of the Department of Interior and Local Government


(DILG) in the year following its enactment, with the technical assistance
of the Department of Science and Technology (DOST).

SECTION 5. Persons Responsible.. — The Head of Office in case of
government offices and public buildings and the City/Municipal Mayors
with respect to parks, streets, alleys and other public congregations in
their respective territorial jurisdiction, as well) as the
Owners/Administrators of academic/learning institutions with regard to
schools, and the Owners/Proprietors of business establishments shall
cause the installation of CCTVs.

SECTION 6. Objective. - The CCTV shall be utilized to promote
crime prevention and uphold public safety with due regard to the privacy
of every individual. It shall be installed and maintained to monitor and
keep a recording of images in the premises of business establishments,
government offices, public buildings, schools, parks, streets, alleys, and
other areas of public congregation. It shall facilitate as an additional
resource for law enforcement and security assistance whenever
necessary and provide an effective crime deterrent by its threat of
retrievable data recording.

SECTION 7. Notice of Surveillance. - A signage informing the
general public of the existence of the CCTV cameras shall be installed. It
shall be visible, distinctive and located in areas with good lighting.

SECTION 8. Procedure for Access and Disclosure of
Recordings. - Only authorized persons shall have access to images and
recordings from CCTV’s. Viewing of the images and recordings shall take
place in a restricted area or in private conditions, All access allowed or
granted under the circumstances must be documented and for limited or
prescribed circumstances only.

‘The use, viewing, copying or disclosure of images and recordings
performed in accordance with this Act shall only be allowed in the
following instances:

1. Upon a written request from a person in authority in connection with
and limited to an investigation for the prosecution of an offense
punishable by law;

2. Upon lawful order of the court, in connection with a pending criminal
or civil proceeding;

3. To determine whether an offense has been committed against a person
or property and to ascertain the identity of the perpetrator and the
manner by which the crime was committed;


4. Any person whose image has been recorded may make an application
in writing for a copy of the recording or its still images;

5. Law Enforcement Agencies shall not be allowed to release images or
recordings from the CCTV to the media, except only when the
circumstances warrant to help identify the perpetrator of a crime or
locate his whereabouts, or as @ matter of public information.

‘The use, copying or disclosure of images and recordings shall be
authorized within twenty-four (24) hours after submission of the request,
as herein specified.

SECTION 9. Penalties, - Any act or omission in violation of the
mandatory requirement under this Act shall be punishable with
imprisonment not exceeding six (6) months or a fine not to exceed fifty-
thousand (P50,000.00) pesos, or both, without prejudice to other civil or
criminal liabilities that may arise therefrom.

‘The persons or officers enumerated under Section 5 shall be held
answerable for violations of this Act; provided that it is shown that the
violation was due to his/her direct participation, lack of supervision, or
negligence. For government offices and public places, the non-
installation of the CCTVs shall be considered as nonfeasance and the
officers responsible shall be subject to the penalties provided for in
appropriate laws.

SECTION 10. Implementing Agency. - The Department of Interior
and Local Government and the respective Local Government Units (LGU)
shall ensure the effective implementation and enforcement of this Act.

SECTION 11. Implementing Rules and Regulation. - Within
thirty (30) days from the effectivity of this Act, the Secretary of Interior
and Local Government, in consultation with appropriate government
agencies and other stakeholders, shall promulgate the necessary rules
and regulations to implement this Act.

SECTION 12. Repealing Clause. - All laws, presidential decrees,
executive orders, rules and regulations or part thereof, contrary to or
inconsistent with the provisions of this Act, are hereby repealed or
modified accordingly.

SECTION 13. Separability Clause. - If any section or provision of
this Act is held unconstitutional or invalid, all other sections or
provisions shall remain in full force and effect.


SECTION 14. Effectivity Clause. - This Act shall take effect
fifteen days after its complete publication in any two (2) newspapers of
general circulation.

Approved,