REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City
SEVENTEENTH CONGRESS
Second Regular Session

6433

House Bill No.

Introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO

EXPLANATORY NOTES

During the second State of the Nation Address (SONA) by President Rodrigo Duterte last
July the President announced that the war on illegal drugs will continue and will be
unrelenting. Just a few weeks after the pronouncement of the President, from Aug. 15-18,
2017, the Philippine National Police conducted relentless operations against illegal drugs in
Bulacan and Metro Manila claiming the life of 82 suspected drug users. Among those who
were killed is 17-year old Grade 11 student, Kian Delos Santos.

‘The spate of killings instigated by members of the Philippine National Police (PNP) sparked
outrage over allegations of human rights abuse and police brutality. As of July 1, 2016,
there were 7,080 number of people killed in the government's war on drugs. Most of the
cases are categorized as deaths under investigation while others were brushed of as cases
of *nanlaban”. Hence, there is a need to ensure transparency in the conduct of these police
operations for the protection of our people and our law enforcers.

This proposed measure aims to aid the government, especially our law enforcers, in the
maintenance of peace and order, protection of life, liberty, and property, and in promoting
the public’s general welfare thru the provision of adequate tools and instruments to aid in
law enforcement and public safety.

‘This legislation institutionalizes the use of body-worn cameras during the conduct of police
operations. The use of body-worn cameras aims to promote law enforcement transparency
and accountability. As experienced by other countries, body-worn cameras help increase
transparency and provide a record of encounters between officers and the public. It seeks
to provide protection not only to the public but the officers as well and further boost the
trust of the community in law enforcement.

In view of the foregoing reasons, the expeditious approval of this bill is earnestly
requested.

YC. i0


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
Second Regular Session

6433

House Bill No.

introduced by MAGDALO Party-List Representative
HON. GARY C. ALEJANO-

ANACT
REQUIRING ALL MEMBERS OF THE DIFFERENT LAW ENFORCEMENT AGENCIES OF
THE GOVERNMENT TO WEAR BODY-WORN CAMERAS DURING THE CONDUCT OF
‘THEIR OPERATIONS, AND APPROPRIATING FUNDS THEREFOR

Be it enacted by the Senate and the House of Representatives of the Republic of the
Philippines in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the “Body-Worn Camera Act
of 2017."

SEC. 2. Declaration of Policy. - \t is the policy of the State to maintain peace and
order, protect life, liberty, and property, and promote the general welfare, which are
deemed essential for the enjoyment by all the people of the blessings of democracy.

Towards this end, the State shall provide its law enforcement agents and enforcers
adequate tools and instruments that will ensure the safety both of its citizens and its law
enforcers in the fulfilment of this policy.

SEC. 3. Definition of Terms. - For purposes of this Act, the following terms shall
mean:

a) "Body-Worn Camera (BWC)” means a portable electronic recording device that
is worn on a law enforcement officer’s body and that records audio and video
data in the course of the officer performing his or her official duties and
responsibilities.

b) “Law Enforcement Officer” means any person authorized by law to prevent,

investigate, apprehend or detain individuals suspected or convicted of offenses
under Philippine laws.
“Law Enforcement Operation” includes service of warrants of arrest,
implementation of search warrants, enforcement of visitorial powers of the
Chief, Philippine National Police and unit commanders, anti-illegal drugs
operation, anti-illegal gambling operations, anti-illegal logging operations, anti-
illegal fishing operations, anti-carnapping operations, _anti-kidnapping
operations, anti-cybercrime operations and similar operations that are
conducted to enforce laws, statutes, executive orders and ordinances.

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d) “Subject of the video footage” means any law enforcement officer or any suspect,
victim, detainee, conversant, injured party or other similarly situated person
who appears on the body camera recording, and shall not include people who
incidentally appear on the recording.

e) “Special police operation” includes checkpoint operations; roadblock operations;
civil disturbance management operations; police assistance in the enforcement
of demolition, eviction, injunction and similar orders; police assistance in the
implementation of final court orders and orders from quasi-judicial bodies;
hostage situation; visit, board, search, and seizure of on-board marine vessels;
and similar police operations that are conducted by police units with specialized
training on the peculiarity of the mission or purpose.

1) “private place” means a place where an individual may reasonably expect to be
safe from casual or hostile intrusion or surveillance but does not include a place
to which the public or a substantial group of the public has access.

SEC. 4. Law Enforcers’ mandatory use of Body-worn cameras. - All law
enforcement officers with the authority to conduct searches and make arrests shall be
required to wear a body camera and record the events that occur while in the course of
conducting a search or making an arrest. Such body cameras shall be worn in a location and
manner that maximizes the camera’s ability to capture a video footage of the law
enforcement officer's activities.

Law Enforcement Officers shall only use body-worn cameras (BWC) issued by their
respective law enforcement agency. The BWC equipment and all data, images, and video
captured, recorded, or otherwise produced by the equipment shall be the property of the
State. Officers shall inspect and test their BWCs prior to each shift in order to verify proper
functioning and shall notify their supervisor of any problems. Law Enforcement Officers
shall activate the video and audio components of BWC to start recording at the
commencement of any and all law enforcement and police service contacts with citizens.
‘The body camera shall not be deactivated until the encounter has fully concluded and the
law enforcement officer leaves the scene. Officers shall not indiscriminately record entire
duties or patrols.

Law Enforcement Officers shall inform individuals that they are being recorded.
When notification is not made, the recording officer shall note the reason for non-
notification within the associated report.

SEC. 5. Camera Specifications. - All body-worn cameras to be procured under this
‘Act shall meet the following minimum core specifications:

a) Picture Quality/ Resolution - the resolution should at the minimum be at least
640 x 480 pixels.

b) Frame Rate — the frame rate should at least be 30 frames per second.

©) Battery Runtime - the camera should be able to record continuously for at least 3
hours on a fully charged battery, and are typically powered by rechargeable
batteries and may allow for a variety of charging options (eg, AC charger, DC
charger, USB, docking station).

d) Data Storage - The camera's onboard storage, at the lowest video quality
settings, should permit at least 3 hours of recording.


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e) Low-light Recording - The camera should have a low lux rating and/or an IR
illuminator for recording targets in low-light.
f) Warranty - System purchase should include, at a minimum, a 1-year warranty.

SEC. 6. Training for Law Enforcers. - 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 of Constitutional provisions and other relevant laws on the protection of

privacy.

SEC. 7. Data Storage and Management. - All video footages taken using a body-
worn camera during legitimate Law Enforcement Operations may be retained by the Law
Enforcement Officer in his device for no later than the end of their shift. All recorded
images and sounds shall be downloaded in the form of a file to a secure storage device not
connected either to the Internet or to any off-site storage facility no later than the end of
each shift. Access to such files shall be password-protected. Each file shall contain
information related to the date, BWC identifier, and assigned officer.

Unless being retained as evidence in a civil or criminal case or as part of an internal
affairs investigation, recordings made by a BWC shall be destroyed or overwritten every 30
days,

SEC. 8. Privacy Rights. - The use of body-worn cameras shall be made in a manner
consistent with the Constitution and laws on piracy.

‘The body-worn 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 shall be informed of the general
procedure and guidelines in the conduct of the police operation with body-worn cameras in
at least two (2) newspapers of general circulation. It shall likewise be posted in the website
of the PNP, and other concerned law enforcement agencies. Likewise, printed copies of said
guidelines shall be displayed in the every police precincts as well as in the premises of
concerned law enforcement agencies to constitute due notice of the presence of the body-
worn cameras during these police operations.

SEC. 9. 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 body-worn 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:


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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 images 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;

d) 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

body-worn 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. 10. Prohibited Acts. -

a) Any law enforcement officer who shall participate in the anti-illegal drug and
criminality operation who fails to wear, record or otherwise interfere with the
body-worn camera recording shall suffer the penalty of suspension from service
for a period of six (6) months without pay; Provided, that if said anti-illegal drug
and criminality operation results in the injury or death of a drug personality or
any other person who is not a law enforcement officer, the law 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 body-worn 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;

Q

Any use of the recording that are not in accordance with the objective of this Act,
or any alteration, deletion of any body-worn camera recording, 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 Thousand Pesos

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(Php100,000.00) but not more than One Million Pesos (Php1,000,000.00) or
both such fine and imprisonment at the discretion of the court.

SEC. 11. Appropriations. - The amount necessary to carry out the provisions of this
Act shall be included in the budget of the concerned law enforcement agencies in the year
immediately following its enactment.

SEC. 12. Implementing Rules and Regulations. ~ The Secretary of the Department
of Interior and Local Government or his representative, the Secretary of the Department of
Justice or his representative, the Director General of the Philippine National Police (PNP),
and the Director General of Philippine Drug Enforcement Agency (PDEA), shall issue the
necessary rules and regulations for the effective implementation of this Act.

SEC. 13. Separability Clause. If any portion or provision of this Act is subsequently
declared invalid or unconstitutional, other provisions hereof which are not affected thereby
shall remain in full force and effect.

SEC. 14. Repealing Clause. All other laws, acts, presidential decrees, executive
orders, presidential proclamations, issuances, rules and regulations or parts thereof which
are contrary to or inconsistent with any of the provisions of this Act are hereby repealed,
amended or modified accordingly.

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

Approved.