NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
SENATE
s. No. 2199
Introduced by: Senator Raffy T. Tulfo
-J '(©ft'icp of tljn'
23 MAY 16 P2:43
Rl:CE!VfcD BY;
AN ACT
MANDATING LAW ENFORCEMENT OFFICERS TO USE BODY-WORN 
CAMERAS DURING LAW ENFORCEMENT AND SPECIAL POLICE 
OPERATIONS, PROVIDING FUNDS THEREFOR AND FOR OTHER PURPOSES
#
EXPLANATORY NOTE
Body-worn cameras play an important role in the transparency and legitimacy 
of the operations conducted by law enforcement agencies. It can also be 
advantageous for the citizens as it addresses the fear of the public in alarming reports 
of abuses committed by some law enforcers. Furthermore, the use of body-worn 
cameras can speed up the resolution of crimes in the country by providing evidence 
of the circumstances surrounding the operation conducted. It strengthens 
accountability and establishes presumption of regularity in the conduct of operations.
This bill seeks to provide comprehensive policy on body-worn cameras of all 
law enforcement agencies, particularly but not limited to the Philippine National Police 
(PNP), the National Bureau of Investigation (NBI), and the Philippine Drug 
Enforcement Agency (PDEA) granting that it will not be used in situations such as 
gathering Intelligence information based on protected speeches, associations, or 
religion, to record activity that Is unrelated to a response to a call or service or a law 
enforcement or investigative encounter between a law enforcement officer and the 
member of the public, and if it would pose a serious threat to national security, among 
others.


With enough safeguards to protect the rights of our citizens, the passage of 
this bill is earnestly sought.
.affy T. Tulfo


NINETEENTH CONGRESS OF THE ) 
REPUBUC OF THE PHIUPPINES ) 
First Regular Session 
)
SENA
S. No.
9
' j 
IliUC'
of tl)i'
23 MAY 16 P2:43
RHCEIVLOBV:
Introduced by: Senator Raffy T. Tulfo
AN ACT
MANDATING LAW ENFORCEMENT OFFICERS TO USE BODY-WORN 
CAMERAS DURING LAW ENFORCEMENT AND SPECIAL POLICE 
OPERATIONS, PROVIDING FUNDS THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
1 
Section 1. Short Title. - This Act shall be known as "Body-worn Camera Act".
2 
Sec. 2. Declaration of Policy. - It is declared the policy of the State to
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strengthen public trust in our law enforcement officers, to protect them from wrongful
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accusations of abuse in the lawful discharge of their functions, and to provide a
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deterrent for actual abuse from occurring. This law will provide for an effective law
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enforcement operation - from investigation, apprehension, detention, and prosecution
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by utilizing sound and modern procedure in crime investigation.
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Sec. 3. Definition of Terms. - As used in this act:
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(a) Alternative Recording Device refers to an electronic camera system which is not
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a body-worn camera, that is capable of creating, generating, sending,
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receiving, storing, displaying, and processing audio-visual recordings, and may
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be worn during law enforcement activities. It may be used as a substitute for
13 
body-worn cameras in case of unavailability. To be used as a functional
14 
equivalent. It shall comply with the minimum requirements set forth by the law


1 
enforcement agencies in accordance with this Act: Provided, That the
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alternative recording device shall be capable of capturing with reasonable
3 
clarity the events that transpire during the law enforcement activity or
4 
operations;
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(b) Body-worn Camera refers to an electronic camera system designated to law
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enforcement 
units for creating, generating, sending, receiving, storing,
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displaying, and processing audio-visual recordings that may be worn during
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operations;
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(c) Data Custodian refers to a designated officer of the law enforcement agency
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for the conduct of law enforcement operation, who has the sole responsibility
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of storing and safekeeping data 
recorded from body-worn cameras;
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(d) Law Enforcement Officer means any person authorized by law to conduct law
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enforcement or special police operations including prevent, investigate,
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apprehend, or detain individuals suspected or convicted of offenses punishable
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under Philippine laws;
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(e) Operation refers to both Law Enforcement Operation and Special Police
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Operation;
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(f) Metadata refers to information within the recording file containing any digital
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identifiers that are captured as part of the actual recording, such as the
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recording date, time, GPS coordinates, and other relevant information; and
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(g) Recording refers to digital material generated as a result of using body-worn
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cameras or alternative recording devices, which contains images and audio-
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video footages. It shall Include the copies of the material created by way of
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copying to portable media storage and other date repositories.
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Sec. 4. Scope and Appiicabiiity. - This law shall apply to Law Enforcement
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Operations including service of warrants of arrest, implementation of search warrants,
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enforcement of visitorial powers of the Chief Philippine National Police and unit
28 
commanders, anti-illegal drugs operation, anti-illegal gambling operations, anti-illegal


1 
logging operations, anti-illegal fishing operations, anti-carnapping operations, anti-
2 
kidnapping operations, anti-cybercrime operations, anti-smuggling operations and
3 
similar operations that are conducted to enforce penal laws; and to Special Police
4 
Operations including checkpoint operations; roadblock operations; civil disturbance
5 
management operations; police assistance in the enforcement of demolition, eviction,
6 
injunction and similar orders; police assistance in the implementation of final court
7 
orders and orders from quasi-judicial bodies; hostage situation; visit, board, search
8 
and seizure of on-board marine vessels; and similar police operations that are
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conducted by police units with specialized training on the peculiarity of the mission or
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purpose.
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Sec. 5. Minimum Standards for Body-worn Camera. - Body-worn cameras shall
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meet the following minimum standard requirement:
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(a) Video resolution
(b) Frame rate
: 720p or higher
: Built-in
(c) Audio
: Built-in
(d) Date and time stamping : Built-in
(e) GPS
(f) Battery life
(g) Storage
(h) Low-light recording
: Built-in
: eight (8) hours continuous
: 
capable of 
storing eight 
(8) hours
continuous audio-video footage
: with a night mode built in, a low lux 
rating, and/or and infrared (IR) Illuminator
Sec. 6. Mandatory Use of Body-worn Camera. - Law enforcement officers are 
mandated to wear and activate body-worn camera to capture and record the entire 
conduct of operation during its execution: Provided, That in case of unavailability of 
body-worn cameras, the law enforcement officers shall secure a written authorization


1 
from the head of the agency to use alternative recording devices: Provided, further,
2 
That the written authorization shall require the use of at least two alternative recording
3 
devices activated and recording during the operation.
4 
A body-worn camera shall also be activated whenever a law enforcement officer
5 
is responding to a call for service or at the initiation of any other operation or
6 
Investigative encounter between a law enforcement officer and a member of the
7 
public: Provided, however, except that when an immediate threat to the officer's life
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or safety makes activating the camera impossible or dangerous, the officer shall
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activate the camera at the first reasonable opportunity.
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Sec. 7. Guideiines for the Use of Body-worn Camera. - Law enforcement officers
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mandated to wear body-worn camera under this Act shall ensure that:
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(a) Body-worn cameras shall be worn in a location and manner that maximizes the
13 
camera's ability to capture video footage of the operation;
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(b) Body-worn camera shall record In full all the activities incidental to the conduct
15 
of the operation. It shall not be deactivated until the operation has concluded
16 
and the law enforcement officers leave the venue of the operation;
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(c) Both video and audio recording functions of the body-worn camera shall be
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activated during operations;
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(d) It shall not be used surreptitiously in order to obtain data or Information that is
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unrelated to the purpose of the operation;
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Sec. 8. Prohibition on the Use of Body-worn Cameras. - The use of body-worn
22 
camera shall not be allowed in the following instances:
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(a) It shall not be used to gather intelligence information based on protected
24 
speeches, associations, or religion, or to record activity that it unrelated to a
25 
response to a call or service or a law enforcement or investigative encounter
26 
between a law enforcement officer and the member of the public;


1 
(b) In locations where Individuals have a reasonable expectation of privacy such as
2 
residences, unless the recording is being made pursuant to a valid arrest or
3 
search warrant of the individuals or location, or pursuant to a valid warrantless
4 
arrest and search in accordance with established rules;
5 
(c) During privileged communications between the subject of recordings and other
6 
individuals, such as attorneys, members of the clergy, peer support counselors,
7 
and medical professionals; or those otherwise considered privileged under laws.
8 
(d) Such other circumstances as may be provided in the implementing rules and
9 
regulations of this Act, which Is part of constitutional privilege and where the
10 
dignity of an individual may outweigh the public necessity for recording; and
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(e) The recording would pose a serious threat to national security.
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Sec. 9. Notification to Person to be Arrested and Other Subjects. - When
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conducting an operation, the officers wearing the body-worn cameras or alternative
14 
recording devices shall, as early as practicable, notify the persons subject of the
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operation and the recording that the execution of the warrant of arrest is being
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recorded and that they are making an arrest pursuant to a warrant Issued by a court.
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Sec. 10. Presumption of Reguiarity. - In any search, seizure, and arrest
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conducted by the PNP, NBI, or PDEA, and other law enforcement officers, it is
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presumed that the standard process of regularity in wearing a body-worn camera
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during the operation was followed.
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Sec. 11. Right of the Subject of the Operation. - Anyone present during a
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search, seizure, or arrest has the right to record a video footage using their own
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cameras or any other video recording device. The recording may be used as evidence
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against the law enforcement officer suspected to have committed an offense during
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the operations.
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Sec. 12. Custody and Period of Retention of the Footage. - All recordings from
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the body-worn camera or alternative recording devices used during the operation shall
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be stored in an external media storage device and shall be under the custody of the


1 
law enforcement agency that employs the officer whose camera captured the footage,
2 
or an authorized agent thereof, for six (6) months after the date it was recorded.
3 
The period of retention, however, may be extended up to one year provided
4 
that there is an order from a judicial, administrative, or quasi-judicial body requesting
5 
for a copy of the footage. In such a case, the footage shall be under judicial custody
6 
and will be permanently deleted only after the termination of the case. Any violation
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thereof will be treated as destruction of evidence or obstruction of justice.
8 
Sec. 13. Access and Disclosure of Recordings. - Subject to the provisions of
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Republic Act No. 10173, otherwise known as the "Data Privacy Act of 2012", only
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persons duly authorized by the court shall have access to images and recordings from
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body-worn cameras. The court shall, in its discretion, grant the use, viewing, copying
12 
or disclosure of images and recording under the following circumstances:
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(a) Upon request by law enforcement officers in connection with the subject of the
14 
operation or incidental to the occurrence of the operation;
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(b) Any person who is a subject of the recording or his or her counsel: Provided,
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That in case of a minor, his or her parent, guardian or counsel;
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(c) The spouse, next of kin, or legally authorized designee of a deceased subject
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of the recording, or his or her counsel;
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(d) Any interested person in connection with a pending criminal or civil proceeding
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to prevent a serious threat to the fair administration of justice;
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(e) For determination of administrative or criminal violation of a law enforcement
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officer during the course of law enforcement operation;
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Sec. 14. Effect of Failure to Observe the Requirements for Body-Worn Cameras
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during Operations. - Failure to observe the requirements of using body-worn cameras
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or alternative recording devices shall not render the operation unlawful or render the
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evidence inadmissible. Facts surrounding the operation may be proven by the
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testimonies of the law enforcement officers, those involved in the operations, the
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subjects of the operations, and other witnesses to the operations.


1 
The law enforcement officer who, however, fails without reasonable grounds
2 
to use the body-worn camera or alternative recording devices, or intentionally
3 
interferes with the body-worn cameras' ability to accurately capture audio and video
4 
recordings of the arrest, or otherwise manipulates such recording during or after the
5 
operation may be liable for contempt of court. Liability for contempt of court shall not
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apply if body-worn cameras were not activated due to their malfunction or when
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allowed under this act. This is without prejudice to any administrative, civil or criminal
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proceedings that may be initiated against him or her for the same acts or omissions.
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Sec. 15. Effect of Failure to Observe the Requirements for Body-Worn Cameras
10 
on Search Conducted. - Failure to observe the requirement of using body-worn
11 
cameras or alternative recording devices, without reasonable grounds, during the
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execution of the search warrant shall render the evidence obtained inadmissible for
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the persecution of the offense for which the search warrant was applied.
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A law enforcement officer who fails to adhere to the requirements during the
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execution of a search warrant, or intentionally interferes with the body-worn cameras'
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ability to accurately capture audio and video recordings of the search, or otherwise
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manipulates such recording during or after the search may be liable for contempt of
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court. Liability for contempt of court shall not apply if the body-worn cameras were
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not activated due to their malfunction prior to the incident. This is without prejudice
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to any administrative, civil, or criminal proceedings that may be initiated against him
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or her for the same acts or omission.
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Sec 16. Recordings Not a Substitute for Witnesses. - For evidentiary purposes,
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the recordings captured by body-worn cameras or alternative recording devices are
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suppletory to the testimonies of the persons subject of the recording or the law
25 
enforcer officer. The recordings shall not be deemed as substitutes for the
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presentation of witnesses.
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Sec. 17. Funding. - The initial amount necessary for the implementation of this
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Act shall be charged against the current fiscal year's appropriations of the law
29 
enforcement agency involved. Thereafter, such sums as may be necessary for the


1 
continued implementation of this Act shall be included in the annual General
2 
Appropriations Act.
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Sec. 18. Applicability to Pending Cases. - After their effectivity, these Rules
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shall apply to pending applications for search warrants or warrants of arrest and to
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those warrants issued that have not yet been implemented or executed.
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Sec. 19. Implementing Rules and Regulations. - Within sixty (60) days from the
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effectivity of this Act, the Department of Interior and Local Government and the
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Department of Justice, in consultation with the PNP, NBI, PDEA, and other law
9 
enforcement agencies and concerned stakeholders, shall promulgate rules and
10 
regulations implementing this Act.
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Sec. 20. Separability Clause. - If any provision of this Act is held invalid or
12 
unconstitutional, the same shall not affect the validity and effectivity of the other
13 
provisions hereof.
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Sec. 21. Repealing Clause. - All laws, executive orders, rules and regulations
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inconsitent with, or contrary to this Act, are hereby repealed or amended accordingly.
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Sec. 22. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
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publication in the Official Gazette or in a newspaper of general circulation.
Approved,