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Republic of the Philippines 27 JUL 2016

HOUSE OF REPRESENTATIVE:
Quezon City, Metro Manila

By: Se
Seventeenth Congress

First Regular Session STATON UNIT
SAND Wax SERVICE

HOUSE BILL No,_®048

Introduced by Honorable Leopoldo N.Bataoil

EXPLANATORY NOTE

This bill seeks to require all business establishments, public offices and facilities,
schools, and local government units to install closed-circuit television (CCTV) camerasto
protect the premises against the commission of crimes

It is the policy of the State to maintain peace and order, protect life, liberty and
property and to promote the general welfare of the people. Towards this end, the State shall
prescribe strategies and means to discourage the commission of crimes and increase the
safety and security of the citizenry. Security is vital to all walks of life to ensure that the
overall safety and possessions of all individuals are protected

Now a days, most buildings owners, residences in first class subdivisions, schools,
malls and similar establishments,hire the services of security guards to guard their premises.
The eyes and ears of these security guards are not extensive enough to provide an over watch
of the entire premises, This is where cameras within the CCTV security system play a crucial
role, The presence of cameras can act as a deterrent in the commission of a crime, However,
not all owners of establishment, schools, and similar establishments have CCTV cameras
because they find it unnecessary considering that they have already hired the services of
security guard.

Under this bill,installation of CCTV cameras in central areas of the premises are
required in all business establishments, public offices and facilities, schools and local
goverment units and failure to do so will subject the owners to a penalty. Likewise, the
licensing office of every city or municipality shall make the installation of CCTV cameras a
mandatory requirement before the issuance of a business permit or permit to operate or the
renewal of the same,

The bill provides some prohibitive acts such as the installation of CCTV cameras in
any restrooms, toilet, shower, and similar areas and the installation of cameras shall be
limited to common areas, reception areas, lobbies, waiting lounges, hallways and similar


areas. The owners of the establishment shall maintain privacy and confidentiality of the video
recordings.

Lastly, it is also required that owners of establishments, public office and facilities,
schools, parks, and similar others to retain the continuous digital images recordedby the
CCTV cameras for not less than thirty (30) days for review and reference purposes. Upon a
written request from the authorized or designated officer, the video recording of the CCTV
cameras or video surveillance system shall be made available to the law enforcement
authorities engaged in the criminal investigation. The captured video footage or images may
be used at any time to satisfy the written order or subpoena of any court or body with
competent jurisdiction, Finally, a penalty for those who fail to comply with the provisions of
this Act is herein provided.

In view of the foregoing, passage of this bill is highly recommended.
Pt

LEOPOLDO N)BATAOIL


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Congress of the Philippines
Seventeenth Congress
First Regular Session

Ona
House Bil No, 2028

Introduced by Representative Leopoldo N. Bataoil

AN ACT
REQUIRING BUSINESS ESTABLISHMENTS, PUBLIC OFFICES AND FACILITIES,
SCHOOLS, AND LOCAL GOVERNMENT UNITS TO INSTALL CLOSED-CIRCUIT
TELEVISION (CCTV) CAMERAS TO DETER THE COMMISSION OF CRIMES AND
PRESCRIBING PENALTIES FOR VIOLATION THEREOF

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

SECTION 1. Short Title. - This Act shall be known as the “CCTV Cameras for
Security and Crime Prevention Act.”

SEC. 2. Declaration of Policy. -Itis the policy of the State to maintain peace
and order, protect life, liberty and property and to promote the general welfare
Towards this end, the State shall prescribe strategies and means to discourage crime
and increase the safety and security of the public.

SEC. 3. Scope and Coverage. - The following are required to install CCTV
cameras or video surveillance system in their places of operation

a) Business establishments which include banks, malls, supermarkets, shopping
centers, groceries, pawnshops, money remittance centers, money changers,
gasoline stations, hotels, restaurants, fast food centers, convenience stores, drug
stores, movie houses, entertainment centers, hospitals, airports, seaports, transport
terminals, warehouses and other similar places;

b) Public offices and facilities;

©) Public and private schools including technical or vocational schools from
primary, secondary and tertiary levels with at least one thousand (1000) students;

d) Parks or plazas, market places, main thoroughfares, and other places of

public congregation; and
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e) Other establishments which the city or municipality, through an ordinance,
may require, due to the nature of business and potential risks in their respective areas.

SEC. 4. Duties of Covered Establishments. —All covered establishments
shall:

a) Install and maintain CCTV cameras in strategic places inside and outside
their premises frequented by the public or where people usually transact business and
at heights free from human intervention and obstruction;

b) Ensure that the installed CCTV cameras are of high-quality resolution
capable of delineating the activity and physical features of individuals and areas within
the premises being recorded;

c) Ensure that the CCTV cameras are tumed-on and recording for twenty-four
(24) hours each day for seven (7) days a week;

d) Ensure that video feeds or recordings are being monitored or supervised
bya personnel specifically tasked to do so; and

e) Make video recordings available within a reasonable period of time upon the
request of the proper authorities and allow copies thereof to be made at the expense
of the requesting party in accordance with Sections 5, 10 and 11 of this Act.

The licensing office of every city or municipality shall require the
installation of CCTV cameras or video surveillance system as a mandatory
requirement before the issuance of a business permit or permit to operate and the
renewal thereof.

SEC. 5. Preservation of Video Recordings. - Covered establishments shall
retain the continuous digital images recorded by the CCTV cameras for not less
than thirty (30) days for review and reference purposes. After thirty (30) days, the
continuous digital images recorded shall be preserved and stored for safekeeping for
a period to be provided in the implementing rules and regulations (IRR) of this Act,
and may be disposed of after the lapse of such period at the option of the
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SEC. 6. Mandatory Reporting. — Whenever a crime occurs or when the
owner, director, manager, proprietor, administrator or any employee of an
establishment , subject of this Act, believes that a crime has been committed and
has been recorded by the CCTV cameras of the establishment, the owner, director,
manager, proprietor, administrator shall immediately contact the law enforcement
authorities within twenty-four (24) hours upon knowledge of the commission of a crime
and provide immediate access to the pertinent CCTV video recordings thereof.

SEC. 7. Access by Law Enforcement Agencies, Judicial and Quasi-Judicial
Bodies. — The operator, employee or owner of the business establishment shall
make available the video recordings of the CCTV cameras or video surveillance
system to the law enforcement authorities engaged in criminal investigation
upon written request of the authorized or designated officer thereof with the
particular time and day covered by the request therein specified.

The captured video footage or images may be used at any time to satisfy
the written order or subpoena of any court or body with competent jurisdiction.

SEC. 8. Notice of Surveillance. -The general public shall be informed that
CCTV cameras have been installed in an establishment through a written notice
displayed at the entrance of the establishment or in other conspicuous areas of the
covered establishment as may be provided in the IRR of this Act.

SEC.9. Prohibited Surveillance. — \n covered establishments as provided in
Section 3 of this Act, the installation of CCTV cameras in any restroom, toilet, shower,
bathroom, bedroom, changing room and other similar areas is strictly prohibited.

For covered establishments engaged in services which require privacy,
installation of CCTV cameras or video surveillance system shalll be limited to common
areas and those accessible to the public including reception areas, lobbies, waiting
lounges, hallways, stairways, pools, and similar areas.

SEC.10. Confidentiality and Non-Disclosure of Recordings. —The owner,
director, manager, proprietor or administrator of any establishment subject of this Act
shall maintain the privacy and confidentiality of the video recordings obtained. The
‘owner, director, manager, proprietor or administrator shall prohibit any use, viewing,


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disclosure or publication of the video recordings, whether in whole or in part by any
unauthorized person.

It shall also be unlawful for any person, not authorized by the owner, director,
manager, proprietor or administrator of the establishment:

a) To publish or broadcast, or cause to be published or broadcast, whether
in print or broadcast media, or show or exhibit the saved CCTV video recordings
and the public identification of any person in that video through video compact
discs, digital video discs, internet, cellular phones and other similar, means or
device;

b) To sell or distribute, or cause tobe sold or distributed, such CCTV video
recording; and

c) To release images or video recordings from the CCTV to the media, in
case of law enforcement authorities, except when the circumstances warrant to
help identify the perpetrator of acrime or locate the whereabouts of the suspect
or suspects, or as a matter of public information, subject to other existing laws.

Prosecution for any violation of this section shall be without prejudice to any
liabilities for violation of other existing laws.

SEC. 11, Allowed Use and Disclosure. The use, copying or disclosure of the
video recordings obtained pursuant to the surveillance performed in accordance with
this Act shall be allowed only under the following instances:

a) To assist law enforcement authorities in connection with and limited to the
investigation or prosecution of an offense punishable by law or any regulation;

b) To aid or in furtherance of any criminal, administrative or civil proceedings;
¢) To avoid an imminent threat to a person or property;

d) To provide any person whose image has been recorded and who makes a
request in writing to have a copy of the recording, access to the recording or copy the
same which the applicant may use for any legitimate purpose as stated in the said

request; and


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e) To help in the maintenance of public order and safety in a city or
municipality and to intensify their drive to deter, prevent, detect, and solve
criminality in their jurisdiction

The owner, director, manager, proprietor or administrator of the establishment
shall release or produce the CCTV video recordings to the requesting law enforcement
authority or affected person within twenty-four (24) hours upon submission of the
request.

SEC.12. Responsibility of the Owner, Director, Manager, Proprietor or
Administrator before Disclosure.-The owner, director, manager, —_ proprietor or
administrator of the establishment shall exercise prudence and necessary care before
giving requesting parties access to the CCTV video recordings to ensure that the
conditions for the use, viewing, copying or disclosure of the CCTV video recordings
are made only in the instances enumerated under Section 11 of this Act. The extent
of the CCTV video recordings to be used, viewed, copied or disclosed shall be
limited to the images pertaining to the above-mentioned instances.

SEC. 13. Responsibilities of Heads of Offices and Other Officials in the
Installation of CCTVs.— The heads of offices, in case of government offices and public
buildings or facilities; the city and municipal mayors with respect to parks, streets,
alleys and other places of public congregation in their respective territorial jurisdiction;
as well as the owners, and administrators of schools or academic and learning
institutions; and the owners and proprietors of business establishments, shall
cause the installation of the CCTV cameras.

SEC. 14. Minimum Standards. - The CCTV or video surveillance system
must be capable of delineating on playback of the system the activity and
physical features of persons or areas within the premises and must be able to
record such images or video on any approved form of media.

Other standard specifications of the CCTV cameras or video surveillance system
to be installed by the covered establishments shall be provided in the IRR of this Act.

SEC. 15. Inspection. -— For purposes of this Act, personnel from the
Business Permits and Licensing Office (BPLO) of the concerned local government

unit (LGU) assisted by personnel from the Philippine National Police are authorized to
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conduct regular inspection of establishments in their jurisdiction to ensure
compliance with the provisions of this Act and to the minimum standard
specifications for the CCTV surveillance system as may be provided in the IRR of this
Act.

SEC.16. Compliance Period. Establishments subject to the provisions of this
Act shall have six (6) months from the effectivity of the IRR to comply with the
regulations set forth in this Act.

In cases where the covered establishments have existing CCTV cameras or
video surveillance system but the specifications are below the specifications
provided under this Act and its IRR, the covered establishments shall be allowed
a three-year depreciation of their previously purchased equipment before being
required to install the CCTV cameras or video surveillance system with the
minimum specifications required by this Act and its IRR.

SEC. 17. Priority Areas in Local Government Units. — LGUs shall prioritize the
areas in their jurisdiction where the installation of CCTV cameras or video surveillance
system will significantly help in improving the safety and security of the locality taking
into consideration the available statistics on crime incidence in the LGU during the
previous years.

SEC. 18. Assistance to Local Government Units. — The Department of the
Interior and Local Government (DILG) shall implement a program to provide financial
assistance to LGUs particularly the lower class municipalities to enable these LGUs to
comply with the provisions of this Act. The Secretary of the Interior and Local
Government shall issue the necessary guidelines about the program including the
eligibility of LGUS to avail of the program.

The DILG shall include in its budget proposal for the following year after the
approval of this Act and for succeeding years, when necessary, the budgetary
requirements for the program.

SEC. 19. Penalties. — a) Any violation of the requirements under paragraphs
(a), (b), (c), and (d) of Section 4 of this Act shall result in the notice of violation to be
issued by the regulatory agency or office. Within thirty (30) days after receipt of the

notice, the violator shall provide proof of compliance. If the violation continues after
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the thirty (20)day period, the violation shall be punished with imprisonment not
exceeding six (6) months or a fine not to exceed Fifty thousand pesos (P50,000.00),
or both, without prejudice to any liabilities for violation of other existing laws;

b) For LGUs, government offices and other public facilities, failure to comply
with Section 4 of this act shall result in the notice of violation to be issued by the
appropriate supervising authority. Within thirty (30) days after receipt of the
notice, the violator shall provide proof of compliance. If the violation continues
after the thirty (30)day period, the violation shall be punished with
imprisonment not exceeding six (6) months or a fine not to exceed Fifty
thousand pesos (P50,000.00), or both. Non-compliance shall also constitute
nonfeasance, and the local chief executive, head of office and other persons
responsible shall be subject to the penalties provided for in appropriate laws;

c) Any person who is found to have willfully and knowingly destroyed, altered
or concealed a recorded video or its storage medium with the intent to affect any
criminal, civil or administrative proceeding or investigation shall be punished with a fine
of not more than Two hundred fifty thousand pesos (P250,000,00) or imprisonment of
not more than one (1) year, or both, without prejudice to any liabilities for violation of
other existing laws; and

d) Any person who violates Section 10 of this Act shall be punished
with imprisonment not exceeding six (6) months or a fine not to exceed Fifty
thousand pesos (P50,000.00), or both, without prejudice to any liabilities for
violation of other existing laws.

SEC. 20. Appropriations.— For purposes of government offices and LGUs, the
funding requirement to implement the provisions of this Act shall be sourced from the
regular appropriations of the agencies and LGUs concerned.

SEC.21. Implementing Agencies. The Secretary of the Interior and Local
Government and the respective local government units shall ensure the effective
implementation of this Act. Public elementary and secondary schools shall, for
purposes of the implementation of this Act, be under the jurisdiction of the
Department of Education, while tertiary level schools shall be under the jurisdiction


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of the Commission on Higher Education. Technical-vocational schools shall be under
the jurisdiction of the Technical Education and Skills Development Authority.

SEC. 22. National CCTV Strategy. - Pursuant to the declared policy of
this Act, the Department of the Interior and Local Government, with the
assistance of the Department of Science and Technology, and in consultation
with other concerned government agencies and stakeholders, shall formulate a
National CCTV Strategy based on the following themes:

a) The need for standards in all aspects of CCTV or video surveillance

system;

b) The need for clear guidelines on registration, inspection and
enforcement;

c) Training of personnel from the covered establishments and law
enforcement authorities;

d) The use by law enforcement authorities of CCTV video recordings and

evidence;

e) Storage, volume, archiving and retention issues of CCTV video
recordings;

f) The need for CCTV networks, whether live or stored;

Equipping, resourcing and standardization;

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Emerging technologies, changing threats, and new and changing
priorities;

i) Partnership working; and
j) Financial and resource management.

SEC.23. Implementing Rules and Regulations. Within ninety (90) days
from the effectivity of this Act, the Secretary of the Interior and Local Government,
in consultation with the appropriate government agencies and other stakeholders,


shall promulgate the necessary rules and regulations for the effective implementation
of this Act.

SEC.24. Separability Clause. — If any provision or part of this act is held
unconstitutional or invalid, the remaining parts or provisions not affected shall
remain in full force and in effect.

SEC.25. Repealing Clause. ~ All laws, presidential decrees, executive
orders, rules and regulations or parts thereof, contrary or inconsistent with the
provisions of this Act, are hereby repealed or modified accordingly.

SEC.26. Effectivity Clause. -This Act shall take effect fifteen (15) days
after its complete publication in any two (2) newspapers of general circulation

Approved,