NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
s. No. 436
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C.vc!l ' ■"/
o{ the it • ?t I rr
'22 JUL 12 P5 28
RHCElVtO BY:..
INTRODUCED BY SENATOR RONALD "BATO" DEU\ ROSA
AN ACT
MANDATING LAW ENFORCEMENT PERSONNEL TO USE A BODY-WORN 
CAMERA DURING LAW ENFORCEMENT OPERATIONS, PROVIDING FUNDS 
THEREFOR AND FOR OTHER PURPOSES
EXPLANATORY NOTE
In other countries, the use of body-worn camera has been a standard in law 
enforcement agencies. This standard was implemented based on studies that show 
the beneficial use of body-worn cameras in law enforcement operations. Increased 
call on the use of body-worn camera rests on the fact that it enhances transparency 
and accountability of law enforcement personnel. In addition, the use of body-worn 
cameras Improves community relations and protect both citizens and law enforcers. 
Recordings of body-worn cameras also contributes to the speedy resolution of crimes 
and prosecutorial efforts.
Following the footsteps of modern countries in terms of crime investigation, I 
have initiated the procurement of body-worn cameras for the police force in January 
2018 as the then PNP Chief. However, this initiative remains within the walls of the 
PNP. Other law enforcement agencies have not used body-worn cameras in their 
operations. As such, there is a need to institutionalize the mandatory use of body- 
worn cameras In all law enforcement agencies to take advantage of the benefits of 
using body-worn cameras especially in protecting of the citizens and law enforcement


personnel. Said law will also complement the Supreme Court Rules on the use of Body- 
Worn Cameras in the Execution of Warrants1.
In light of the above, the proposed measure mandates the use of body-worn 
camera in all law enforcement operations. It aims to preserve the credibility of the 
conduct of duties of our law enforcement personnel. This will in turn improve the 
public trust and citizen confidence to our law enforcement personnel.
Likewise, the bill undertakes to promote modern crime investigation by 
integrating the use of body-worn cameras to support law enforcement while at the 
same time ensures protection of fundamental rights of citizens. In view of this, the bill 
prohibits the use of body-worn cameras in some instances including gathering 
intelligence information on protected speeches, associations, or religion, or to record 
activity that it 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, among others. Furthermore, the bill limits access and disclosure of recordings 
with those persons authorized by the court.
With enough safeguard to protect the rights of our citizens, the passage of this 
bill is earnestly sought.
RONALD - BATO" DELA ROSA
1 Supreme Court - A.M. No. 21-02-08-SC


NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
VV-v "y
If- of t!>? 
■
*22 JUL 12 P5 :28
SENATE 
s. No. 436
RfCEIVLO BY:
INTRODUCED BY SENATOR RONALD "BATO" DELA ROSA
AN ACT
MANDATING LAW ENFORCEMENT PERSONNEL TO USE A BODY-WORN 
CAMERA DURING LAW ENFORCEMENT OPERATIONS, PROVIDING FUNDS 
THEREFOR AND FOR OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled:
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Section 1. Short Title. - This Act shail be known as "Law Enforcement Body-
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worn Camera Act".
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Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State to
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actively promote, induce and accelerate a sound and modern procedure in crime
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investigation. Towards this end, the State shall maximize the advances in technology
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and integrate its use to support law enforcement and to guarantee the protection of
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fundamental rights.
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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
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body-worn cameras in case of unavailability. To be used as a functional
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equivalent, it shall comply with the minimum requirements set forth by the law
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enforcement agencies in accordance with this Act: Provided, That the
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alternative recording device shall be capable of capturing with reasonable
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clarity the events that transpire during the implementation of the warrant;


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(b) Body-worn Camera refers to an electronic camera system designated to law 
enforcement units for creating, generating, sending, receiving, storing, 
displaying, and processing audio-visual recordings that may be worn during law 
enforcement activities;
(c) Data Custodian refers to a designated officer of the law enforcement agency 
for the conduct of law enforcement operation, who has the sole responsibility 
of storing and safekeeping data recorded from body-worn cameras;
(d) Law Enforcement Operation refers to any legitimate operations conducted to 
enforce laws, statues, executive orders, and ordinances;
(e) Metadata refers to information within the recording file containing any digital 
identifiers that are captured as part of the actual recording, such as the 
recording date, time, GPS coordinates, and other relevant information; and
(f) Recording refers to digital material generated as a result of using body-worn 
cameras or alternative recording devices, which contains images and audio­
video footages. It shall include the copies of the material created by way of 
copying to portable media storage and other date repositories.
Sec. 4. Mandatory Use of Body-worn Camera. - Law enforcement officers and 
personnel are hereby mandated to wear and activate body-worn camera to capture 
and record the entire conduct of operation during the conduct of law enforcement 
operations: Provided, That in case of unavailability of body-worn cameras, the law 
enforcement officers shall secure a written authorization from the head of the agency 
to use alternative recording devices: Provided, further, That the written authorization 
shall require the use of at least two alternative recording devices.
Body-worn camera shall also be activated whenever a law enforcement officer 
is responding to a call for service or at the initiation of any other law enforcement or 
investigative encounter between a law enforcement officer and a member of the 
public: Provided, however, except that when an immediate threat to the officer's life 
or safety makes activating the camera impossible or dangerous, the officer shall 
activate the camera at the first reasonable opportunity.
Sec. 5. Minimum Standards for Body-worn Camera. - Body-worn cameras shall 
meet the following minimum standard requirement:
(a) Video resolution 
: 
720p or higher


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(b) Frame rate
(c) Audio
(d) Date and time stamping
(e) GPS
(f) Battery life
(g) Storage
(h) Low-light recording
30 frames per second 
Built-in 
Built-in 
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. Guidelines for the Use of Body-worn Camera. - Law enforcement 
officers mandated to wear body-worn camera under this Act shail ensure that:
(a) Body-worn 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
(b) Body-worn camera shall record in full all the activities incidental to the conduct 
of the operation. It shall not be deactivated until the encounter has concluded 
and the law enforcement officers leave the venue of the operation;
(c) Both video and audio recording functions of the body-worn camera shall be 
activated during operations;
(d) It shall not be used surreptitiously in order to obtain data or information that is 
unrelated to the purpose of the operation;
Sec. 7. Prohibition on the Use of Body-worn Cameras. - The use of body camera 
shall not be allowed in the following instances:
(a) It shall not be used to gather intelligence information based on protected 
speeches, associations, or religion, or to record activity that it unrelated to a 
response to a call or service or a law enforcement or investigative encounter 
between a law enforceriient officer and the member of the public;
(b) In locations where individuals have a reasonable expectation of privacy such 
as residences, unless the recording is being made pursuant to a valid arrest or 
search warrant of the individuals or location, or pursuant to a valid warrantless 
arrest and search in accordance with established rules;


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(c) During privileged communications between the subject of recordings and other 
individuals, such as attorneys, members of the clergy, peer support counselors, 
and medical professionals; and
(d) Such other circumstances as may be provided in the implementing rules and 
regulations of this Act, which Is part of constitutional privilege and where the 
dignity of an individual may outweigh the public necessity for recording.
Sec. 8. Access and Disclosure of Recordings. - Subject to the provisions of 
Republic Act No. 10173, otherwise known as the "Data Privacy Act of 2012", only 
persons duly authorized by the court shall have access to images and recordings from 
body-worn cameras. The court shall, in its discretion, grant the use, viewing, copying 
or disclosure of images and recording under the following circumstances:
(a) Upon request by law enforcement officers in connection with the subject of the 
operation or incidental to the occurrence of the operation;
(b) Any person who is a subject of the recording or his or her counsel: Provided, 
That in case of a minor, his or her parent, guardian or counsel;
(c) The spouse, next of kin, or legally authorized designee of a deceased subject 
of the recording, or his or her counsel;
(d) Any interested person in connection with a pending criminal or civil proceeding 
to prevent a serious threat to the fair administration of justice;
(e) For determination of administrative or criminal violation of a law enforcement 
officer during the course of law enforcement operation;
Sec. 9. Funding. - The initial amount necessary for the implementation of this 
Act shall be charged against the current fiscal year's appropriations of the law 
enforcement agency involved. Thereafter, such sums as may be necessary for the 
continued implementation of this Act shall be included in the annual General 
Appropriations Act.
Sec. 10. Implementing Rules and Regulations. - Within sixty (60) days from 
the effectivity of this Act, the Department of Interior and Local Government and the 
Department of Justice, in consultation with the PNP, NBI, PDEA, and other law 
enforcement agencies and concerned stakeholders, shall promulgate rules and 
regulations implementing this Act.
Sec. 11. Separability Clause. - If any provision of this Act is held invalid or


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unconstitutional, the same shail not affect the vaiidity and effectivity of the other 
provisions hereof.
Sec. 12. Repealing Clause. - Sections 58, 59, and 61 of Republic Act No. 9165, 
otherwise known as "The Comprehensive Dangerous Drugs Act of 2002" are hereby 
repealed. All other laws, decrees, executive orders and rules and regulations contrary 
to or inconsistent with the pr”ovisions of this Act are hereby repealed or modified 
accordingly.
Sec. 13. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in a newspaper of general circulation.
Approved,