Republic of the Philippines
HOUSE OF REPRESENTATIVES

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL No. 6202

Introduced by Representative Rex Gatchalian

AN ACT
MANDATING THE USE OF ON-BODY CAMERAS BY LAW ENFORCEMENT
OFFICERS DURING ANY ANTI-ILLEGAL DRUG AND CRIMINALITY
OPERATIONS, AND PROVIDING FUNDS THEREFOR

EXPLANATORY NOTE

In 2018, the Philippine National Police (PNP) issued Memorandum Circular
(MC) No, 2018-009 entitled “Operational Guidelines and Policies on the Use of Body
Worn Camera,” in recognition of the importance of trust and mutual respect between
law enforcement agencies and the community in ensuring effective policing.
Furthermore, it aims to ensure the protection of human rights, including the privacy
of both the police personnel and the community as it ensures transparency of all
police operations and other related law enforcement activities.

In 2021, to supplement MC No. 2018-009, the Supreme Court (SC) released
AM. No. 21-06-08-SC or the “Rules on the Use of Body-Worn Cameras in the
Execution of Warrants.” Here, the SC recognizes that advances in technology,
particularly the availability of body-worn cameras, make it possible to integrate its
use to support law enforcement and guarantee the protection of fundamental rights.
Moreover, the recordings from the body cameras can deter the excessive use of force
by law enforcement officers in the execution of warrants. It can also aid trial courts
in resolving issues that may become relevant in criminal cases, such as conflicting
eyewitness statements.

This bill seeks to institutionalize the introduction of body cameras by the PNP
for its personnel and to expand its application to other law enforcement agencies
especially those involved in anti-illegal drug and criminality operations. The function


of the on-body camera will be two-pronged: protect the public against police
misconduct by improving law enforcement accountability and help protect our
policemen from false and uncorroborated accusations of abuse.

Further, it is important to recognize the value of utilizing technology as an
important enforcement and public safety tool. However, in order that public
confidence 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,

retention, storage, and preservation.

Moreover, this measure provides guidance for the responsible and effective
use of body cameras by the police and other law enforcement officers who conduct
anti-illegal drug and criminality operations in the country, for the purpose of safety,
security and privacy. This includes prohibited acts that are meted with
administrative and criminal liabilities for those who disregard the set rules on the
use of body-cameras.

In view of the foregoing, approval of this bill is earnestly sought.

GATCHALIAN
Representative
istrict, Valenzuela City

Is


Republic of the Philippines
HOUSE OF REPRESENTATIVES

NINETEENTH CONGRESS
First Regular Session
HOUSE BILL No.6202
———
Introduced by Representative Rex Gatchalian
——_—_——————————

AN ACT
MANDATING THE USE OF ON-BODY CAMERAS BY LAW ENFORCEMENT
OFFICERS DURING ANY ANTI-ILLEGAL DRUG AND CRIMINALITY
OPERATIONS, AND PROVIDING FUNDS THEREFOR

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 "Police On- Body
Cam Act."

SEC. 2. Declaration of 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 through:

a) Proper documentation of interactions between law enforcement officers
and the public, especially during anti-illegal drug and criminality
operations;

b) Utilization of 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) Formulation of means to reduce the cost and impact of crime in the
community;

4) Improvement in community relations between police enforcement officers
and the public by maintaining policies that balance the rights of the public
for privacy and the promotion of accountability during anti- illegal drug
and criminality operations.


CONAHAONE

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

a) On-Body Camera refers to the use of a wearable audio, video or photographic
recording system utilized by law enforcement officers to record their
interactions with the public or gather video evidence at crime scenes. Some
feature live streaming capabilities while others are based on local storage;

b) Images refer to recorded images in the On-Body Camera;

c) Law Enforcement Officers refer to elements of the Philippine National Police
(PNP), and members of the Drug Enforcement Unit of the Philippine Drug
Enforcement Agency (PDEA), and other law enforcement officers involved in
anti-illegal drug and criminality operations;

d) An:

police operation involving the conduct of searches, service of warrants,

-illegal Drug and Criminality Operation refers to any law enforcement or

arrest or apprehension of persons for violation of Republic Act No. 9165,
otherwise known as the "Comprehensive Dangerous Drugs Act of 2002", as
amended, or any other law related to illegal drug activities, as well as of laws
involving other crimes as defined by special laws and the revised penal code,
or under any related anti-drug or criminality program or campaign of the
PNP.

SEC. 4. Use of On-Body Camera in Police Operations. - Members of the PNP,
PDEA, and other law enforcement officers involved in anti-illegal drug and criminality
operations are hereby mandated to use on-body cameras during police operations
and as such, shall establish protocols and stringent standard for the responsible and
effective use of this overt camera. The camera must be turned on and left running
until the operations shall have been completed.

SEC. 5. Minimum Standards. - The on-body camera system must be capable
of setting on playback a full account of the operation that was concluded. It must
likewise be ensured that the cameras are of high-quality resolution capable of
delineating the activity and physical features of individuals and areas within the
premises being recorded.

‘The requirement for the technology that will become the storage for the recorded
data must consider optimum measures to retain its integrity, preventing tampering,
deleting or copying as well as prohibiting its unauthorized use. Other standard


specifications of the camera shall be provided in the Implementing Rules and
Regulations (IRR) of this Act.

SEC. 6. On-Body Camera Recordings. - In all anti-illegal drug and criminality
operations of law enforcement officers, on-body cameras shall record in full all the
activities incidental to the conduct of the operation. There shall be continuous
recording of the events throughout these encounters to ensure that officers involved
cannot manipulate what is to be recorded. Neither shall the consent of any person
recorded be necessary for the continuous recording of the on-body camera.

The content of the recordings become property of the State. It is vital that these
recordings are tamper-proof and access thereof shall contain immutable audits. They
shall not be accessed or downloaded without obtaining prior authority from the
courts.

SEC. 7. Privacy Rights. - The use of the on-body camera shall be made in a
manner consistent with the Constitution, Republic Act No. 10173, otherwise known
as the "Data Privacy Act of 2012”, and other related laws. The on-body camera shall
not be used surreptitiously in order to obtain data or information that is unrelated
to the purpose of the operation. Any recording of person(s) inside a restroom, toilet,
shower, bathroom, bedroom, changing room and other similar areas shall not be
allowed to be used as evidence in any court of law except when the suspect or the
person under investigation has concealed himself and/or the contraband in the
places mentioned, or that the crime was committed therein.

As part of an information campaign, the public shalll be informed of the general
procedure and guidelines in the conduct of the police or other law enforcement
agencies operation with the on-body camera in at least two (2) newspapers of general
circulation. It shall likewise be posted in the website of the PNP and the PDEA and
printed copies thereof shall be displayed in every police precinct to constitute due
notice of the presence of the on-body camera during these police operations.

SEC. 8. Procedure for Access and Disclosure of Recordings. - Only persons
authorized by the court, upon application, shall have access to images and
recordings from law enforcement or police on-body cameras. Viewing of the images
and recordings shall take place in a restricted area or in private conditions, All access
granted under the circumstances must be documented and for a limited or
prescribed time only. The courts shall in its discretion grant the use, viewing, copying


or disclosure of images and recordings performed in accordance with this Act under
the following circumstances:

a) Upon request by law enforcement officers in connection with and limited to
an investigation for the prosecution of an offense punishable by law, which
is the subject of the operation or incidental to the occurrence of the
operation;

b) By a person whose image has been captured indubitably revealing
information of a highly sensitive and personal nature;

©) Where a disclosure of the recording is necessary to advance a compelling
interest of the public;

4) By any interested person in connection with a pending criminal or civil
proceeding to prevent a serious threat to the fair administration of justice;

e) To determine whether an administrative or criminal offense has been
committed by a law enforcement officer during the course of an anti-illegal
drug and criminality operation, and to ascertain his identity and the manner
by which the offense was committed.

Law Enforcement Officers are prohibited to release images or recordings from
the on-body camera to the media or to upload the same onto public and social media
internet websites. The courts shall give its order allowing or denying the use, copying
or disclosure of images and recordings within twenty- four (24) hours after
submission of the request, as herein specified. The public shall be informed of the
procedure for the access to the images and recording of the operation in a manner
consistent with the policy of this Act.

SEC. 9. Retention, Storage and Preservation. - Unless otherwise reserved for a
specific purpose to review the events of a crime, or where the recording shall be used
as evidence in an administrative, civil, or criminal proceeding, or where there is a
formal or informal complaint against any law enforcement or police officer involved
in the operation, or where the operation has led to the arrest or detention of person(s),
or that the information in the recording needs to be studied further for any number
of reasons, data of recordings shall not be kept for more than thirty (30) days and
shall be deleted beyond said period.

The administration for the proper data storage, the chain of custody for the
camera and its recording, and the guidelines for the release of the recording with
prior leave of the court, shall be provided for in detail in the IRR which must be
consistent with the policy established herein.


SOYAHA WHE

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SEC. 10. Officers’ Training. - There shall be an appropriate training for the law
enforcement officers in the use and handling of the on-body camera. It is important
that their knowledge shall include both the technical familiarity on usage of the
camera and the implication on the Constitutional provisions, the Data Privacy Act of

2012, and other relevant laws on the protection of privacy.

SEC. 11. Periodic Review. - A bi-annual review of the use of the on-body camera
and the utilization of its recording shall be required to ensure that the policies
established under this Act are effectively implemented. A copy of the report on the
findings made from the review conducted shall be submitted to Congress within
thirty (30) days upon its conclusion.

SEC. 12. Prohibited Acts. — It shall be unlawful for any of the identified persons
to perform the following acts:

a) Any law enforcement officer who shall participate in the anti- illegal drug
and criminality operation but fails to wear, record or otherwise interfere with
the on-body camera recording shall suffer the penalty of suspension from
service for a period of six (6) months without pay; Provided, That if said anti-

jury or death of a drug
personality or any other person who is not a law enforcement officer, the law

illegal drug and criminality operation results in the i

enforcement officer shall suffer the penalty of permanent removal from
service; Provided, Further, That the presumption of irregularity and
misconduct in the course of the performance of his duty may be rebutted
only by evidence of another recording attesting to the regularity in the
conduct of the operations exculpating said officer or by proof that
circumstances has made it impossible for him to comply with the provisions
of this Act;

b) Where a law enforcement officer involved in the operation has abused his
authority and committed a crime, regardless whether the incident has been
captured in the on-body camera recording, he shall be prosecuted under the
law for the crime which he has committed and the penalty to be applied
shall be the maximum period;

c) Any use of the recording that are not in accordance with the objective of this
Act shall be punishable with an imprisonment of not less than six (6)
months but not exceeding six (6) years, or a fine not less than One Hundred


C©oOINAHAWNH

Thousand Pesos (Php 100,000.00) but not more than One Million Pesos (Php
1,000,000.00) or both such fine and imprisonment at the discretion of the
court.

SEC. 13. Appropriations. - The amount necessary to carry out the provisions of
this Act shall be included in the budget of the Department of Interior and Local
Government in the General Appropriations Act in the year immediately following its
enactment.

SEC. 14. Implementing Rules and Regulations. - The PDEA and the PNP, in close
coordination with the Department of Interior and Local Government, the Department
of Information and Communications, the Department of Justice, and the National
Privacy Commission, shall issue the necessary rules and regulations for the effective
implementation of this Act, including the determination of the number of PNP and
PDEA personnel who shall be prioritized in the initial phase of implementation of this
Act.

SEC. 15. 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.

SEC. 16. 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

SEC. 17. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette and/or in at least two (2) newspapers of general
publication.

Approved,