NINETEENTH CONGRESS OF THE 
]
REPUBLIC OF THE PHILIPPINES 
]
First Regular Session 
]
SENATE
S. B. No. 1 nfS7
Ornate
of til? ^rn-ptai'P
72 AUG -8 AlO -11
RECEIVED
Introduced by SEN. WIN 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
To strengthen the conduct of anti-illegal drug and criminality police operations, 
to boost the public's confidence on the police, and to remove doubts on the 
commission of human rights abuse and police brutality, the Philippine National Police 
(PNP) issued Memorandum Circular (MC) No. 2018-009 entitled '"'Operational 
Guidelines and Policies on the Use of Body Worn Camera'1L in recognition of the 
importance of trust and mutual respect between law enforcement agencies and the 
community in ensuring effective policing. 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.
Thus, it Is the intent of this measure to institutionalize the introduction of body- 
cams 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
1 March 15, 2018.


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-cams 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-cams.
This measure is necessary to institutionalize the law-enforcement reforms to 
help allay the fears of the public when conduct of these anti-illegal and criminality 
operations will be made in the future, hence, the passage of this bill is earnestly 
sought.
GATCi


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
SENATE
S. B. No. 1 057
Senate
o! the rtftrip
22 AUG-8 AlO :11
RtCEiVED BY:
Introduced by SEN. WIN 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 
Phiiippines in Congress assembied:
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SECTION. 1. Short Tide. - This Act shall be known as the "Police On-
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Body Cam Act".
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SEC. 2. Deciaration of Poiicy. - It is the declared duty of the State to
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maintain peace and order, protect life, liberty and property and promote the
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general welfare. Towards this end, the State shall continuously develop
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mechanisms to help improve law enforcement transparency and accountability
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through:
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a) Proper documentation of interactions between law enforcement
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officers and the public, especially during anti-illegal drug and criminality
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operations;
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b) Utilization of modern technology as a tool to deter incidents of abuse
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or misconduct by law enforcement officers during legitimate police
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operations, as well as safeguard these officer's rights against false


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accusations;
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c) Formulation of means to reduce the cost and impact of crime in the
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community;
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d) Improvement in community relations between police enforcement
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officers and the public by maintaining policies that balance the rights of
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the public for privacy and the promotion of accountability during anti-
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illegal drug and criminality operations.
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SEC. 3. Definition of Terms. - For purposes of this Act, the following
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terms shall be defined as follows:
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a) On-Body Camera refers to the use of a wearable audio, video or
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photographic recording system utilized by law enforcement officers to record
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their interactions with the public or gather video evidence at crime scenes.
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Some feature live streaming capabilities while others are based on local
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storage;
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b) Images refer to recorded images in the On-Body Camera;
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c) Law Enforcement Officers refer to elements of the Philippine National
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Police (PNP), and members of the Drug Enforcement Unit of the Philippine Drug
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Enforcement Agency (PDEA), and other law enforcement officers involved In
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anti-illegal drug and criminality operations;
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d) Anti-iiiegai Drug and Criminaiity Operation refers to any law
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enforcement or police operation involving the conduct of searches, service of
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warrants, arrest or apprehension of persons for violation of Republic Act No.
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9165, otherwise known as the "Comprehensive Dangerous Drugs Act of 2002",
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as amended, or any other law related to illegal drug activities, as well as of
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laws Involving other crimes as defined by special laws and the revised penal
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code, or under any related anti-drug or criminality program or campaign of the
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PNP.
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SEC. 4. Use of On-Body Camera in Police Operations. - Members of the
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PNP, PDEA, and other law enforcement officers involved in anti-illegal drug and
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criminality operations are hereby mandated to use on-body cameras during


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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


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recording of person(s) inside a restroom, toilet, shower, bathroom, bedroom,
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changing room and other similar areas shall not be allowed to be used as
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evidence in any court of law except when the suspect or the person under
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Investigation has concealed himself and/or the contraband in the places
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mentioned, or that the crime was committed therein.
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As part of an information campaign, the public shall be informed of the
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general procedure and guidelines in the conduct of the police or other law
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enforcement agencies operation with the on-body camera in at least two (2)
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newspapers of general circulation. It shall likewise be posted in the website of
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the PNP and the PDEA and printed copies thereof shall be displayed in every
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police precinct to constitute due notice of the presence of the on-body camera
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during these police operations.
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SEC. 8. Procedure for Access and Disclosure of Recordings. - Only
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persons authorized by the court, upon application, shall have access to images
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and recordings from law enforcement or police on-body cameras. Viewing of
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the images and recordings shall take place in a restricted area or in private
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conditions. All access granted under the circumstances must be documented
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and for a limited or prescribed time only. The courts shall In its discretion grant
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the use, viewing, copying or disclosure of images and recordings performed in
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accordance with this Act under the following circumstances:
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a) Upon request by law enforcement officers in connection with
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and limited to an investigation for the prosecution of an offense
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punishable by law, which is the subject of the operation or incidental to
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the occurrence of the operation;
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b) By a person whose Image has been captured indubitably
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revealing information of a highly sensitive and personal nature;
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c) Where a disclosure of the recording is necessary to advance a
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compelling interest of the public;
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d) By any Interested person in connection with a pending criminal
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or civil proceeding to prevent a serious threat to the fair administration
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of justice;


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e) To determine whether an administrative or criminal offense
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has been committed by a law enforcement officer during the course of
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an anti-illegal drug and criminality operation, and to ascertain his
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identity and the manner by which the offense was committed.
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Law Enforcement Officers are prohibited to release images or recordings
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from the on-body camera to the media or to upload the same onto public and
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social media internet websites. The courts shall give its order allowing or
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denying the use, copying or disclosure of images and recordings within twenty-
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four (24) hours after submission of the request, as herein specified. The public
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shall be informed of the procedure for the access to the images and recording
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of the operation in a manner consistent with the policy of this Act.
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SEC. 9. Retention/ Storage and Preservation. - Unless otherwise
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reserved for a specific purpose to review the events of a crime, or where the
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recording shall be used as evidence in an administrative, civil, or criminal
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proceeding, or where there is a formal or informal complaint against any law
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enforcement or police officer involved in the operation, or where the operation
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has led to the arrest or detention of person(s), or that the information in the
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recording needs to be studied further for any number of reasons, data of
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recordings shall not be kept for more than thirty (30) days and shall be deleted
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beyond said period.
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The administration for the proper data storage, the chain of custody for
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the camera and its recording, and the guidelines for the release of the recording
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with prior leave of the court, shall be provided for in detail in the IRR which
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must be consistent with the policy established herein.
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SEC. 10. Officers' Training. - There shall be an appropriate training for
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the law enforcement officers in the use and handling of the on-body camera.
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It is important that their knowledge shall include both the technical familiarity
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on usage of the camera and the implication on the Constitutional provisions,
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the Data Privacy Act of 2012, and other relevant laws on the protection of
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privacy.


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SEC. 11. Periodic Review. - A bi-annual review of the use of the on-body
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camera and the utilization of its recording shall be required to ensure that the
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policies established under this Act are effectively implemented. A copy of the
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report on the findings made from the review conducted shall be submitted to
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Congress within thirty (30) days upon its conclusion.
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SEC. 12. Prohibited Acts. - It shall be unlawful for any of the Identified
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persons to perform the following acts:
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a) Any law enforcement officer who shall participate in the anti-
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illegal drug and criminality operation but fails to wear, record or
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otherwise interfere with the on-body camera recording shall suffer the
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penalty of suspension from service for a period of six (6) months without
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pay; Provided, That If said anti-illegal drug and criminality operation
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results in the injury or death of a drug personality or any other person
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who is not a law enforcement officer, the law enforcement officer shall
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suffer the penalty of permanent removal from service; Providedf
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Further, That the presumption of irregularity and misconduct in the
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course of the performance of his duty may be rebutted only by evidence
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of another recording attesting to the regularity in the conduct of the
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operations exculpating said officer or by proof that circumstances has
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made It impossible for him to comply with the provisions of this Act;
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b) Where a law enforcement officer involved in the operation has
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abused his authority and committed a crime, regardless whether the
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incident has been captured in the on-body camera recording, he shall
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be prosecuted under the law for the crime which he has committed and
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the penalty to be applied shall be the maximum period;
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c) Any use of the recording that are not in accordance with the
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objective of this Act shall be punishable with an imprisonment of not
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less than six (6) months but not exceeding six (6) years, or a fine not
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less than One Hundred Thousand Pesos (Php 100,000.00) but not more
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than One Million Pesos (Php 1,000,000.00) or both such fine and
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imprisonment at the discretion of the court.


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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. Impiementing Ruies andReguiations. - 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. Repeaiing Cause. - 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 Cause. - 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 Cause - This Act shall take effect fifteen (15) days 
after its publication In the Official Gazette an^ior in at least two (2) newspapers 
of general publication.
Approved,