[s Ouse A REPRESENTATIVES:

RECEIVED
Republic of the Philippines pat 0.8 AUG 2016
HOUSE OF REPRESENTATIVES ce RR

TNE
BY: &
RATION UNIT

Of X SERVICE

Quezon City

17™ CONGRESS
First Regular Session

7659

House Bill no.

Introduced by Representative WES GATCHALIAN

EXPLANATORY NOTE

Public safety and law and order are at the top in the pantheon of what the
state is not only empowered but also duty bound to consider as compelling
interest. As modes of criminality become more complex and with the constant
threat of terror looming large, the state must respond by improving its means and
capabilities in achieving thesestated ends. It is in this spirit that this bill is
proposing to make the installation of CCTV’s, in certain specified and strategic
areas, mandatory.

The proponent of this law believes that there is a two-fold rationale in how
this measure will promote public safety and the better enforcement of law and
order. First, it would give law enforcers a significant lead when a crime is
committed where otherwise none would have been had. Several instances of
public prominence, as well as the experience of other states, have effectively
shownthat oftentimes the presence of a captured footage in CCTV spells the
difference between solving a crime and letting a criminal with a propensity to
commit more heinous acts roam free. Second, the presence of CCTV’s constitute
an effective deterrence to the commission of a crime. It is elementary in criminal
psychology that a person attempting to perpetuate a crime or do some legal wrong
toa fellow citizen, is less likely to go through with his/her sinister plan when there
is the threat that he/she would not be able to get away with committing such
because his/her actions are being captured by a CCTV camera.

On a final sobering note, the alarming rise in acts of terror successfully
committed in other more advanced states should serve as a chilling reminder to us
Filipinos of how vulnerable we truly are to the same attacks. In an ideal world we
would have no need to protect ourselves, but alas, we are not waking up in one.
Therefore, the next best alternative is that we be able to protect ourselves, our
families, and our communities, to the very best of our abilities. This proposed
measure is a small step towards that end.

Immediate approval of this bill is earnStly sought.

Representatiye
15" District, ValenZuela City


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

17™ CONGRESS
First Regular Session

7639

House Bill no.

Introduced by Representative WES GATCHALIAN

AN ACT
REQUIRING BUSINESS ESTABLISHMENTS, GOVERNMENT OFFICES,
PUBLIC BUILDINGS, PARKS, SCHOOLS, STREETS, ALLEYS AND OTHER
PLACES OF PUBLIC CONGREGATION TO INSTALL CLOSED CIRQUIT
TELEVISION CAMERAS AS A MEANS TO DETER CRIME

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

SECTION 1. Short Title. - This act shall be known as the “CCTV Cameras for
Crime Prevention Act of 2016.”

SECTION 2. Declaration of Policy. — \t is 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 facilitate helpful strategies and means to discourage
crime and increase the safety and security of the public without impinging on
constitutionally protected rights

SECTION 3. Definition of Terms.— For the purposes of this Act, the following
terms shalll be defined as follows:

a) CCTV refers to the use of the video cameras to transmit a signal to a specific
place, on a set of monitors! a television system that transmits images on a
“close loop” basis, where images are only available to those directly
connected to the transmission system.

s

Government Office refers to the administrative working space for public
employees.

G

Public Buildingsshall include every building owned by the government or
belonging to a private person but used or rented by the government although
temporarily occupied by the same.

d)

Parksshall refer to an area of land, usually in its natural state, having facilities
for rest and recreation of the public, owned and managed by a city,
municipality or state.

©) Schoolstefers to any building. structure, court or space dedicated for education
or learning whether public ot private.

£) Public Congregation refers to places or areas where a large crowd usually
gathers like places of worship, sports stadium and the like


g) Sireetsshall mean a public thoroughfare where people may move about in
public or private means of transportation, and where they may freely assemble
or interact.

h) Alley shall refer to a narrow lane, path or passageway, often for use of
pedestrian

i) Business Establishmentsrefers to any establishment used for commercial
purposes and operating for selling products to, or providing services to the
general public. They shall include but shall not be limited to banks,
restaurants, hospitals, malls, shopping centers, moviehouses, theaters,
supermarkets groceries, entertainment centers, warehouses and other similar
establishments.

SECTION 4. Objective. — The CCTV shall be utilized to promote crime
prevention and uphold public safety with due regard to the privacy of every individual. It
shall be installed and maintained to monitor and keep a recording of images in the
premises of business establishments, government offices, public buildings, schools,
parks, streets, alleys, and other areas of public congregation. It shall facilitate as an
additional resource for law enforcement and security assistance whenever necessary and
provide an effective crime deterrent by its threat of retrievable data recording,

SECTION 5. Coverage. ~ The installation of CCTV cameras shall be mandatory
in all government offices, public buildings, schools, parks, streets, alleys, business
establishments, and other areas of public congregation. This requirement shall likewise
ensure that the CCTV cameras are working and turned on and recording for twenty-four
(24) hours each day for seven (7) days each week. Data of recordings shall be kept for a
period not less than sixty (60) days from actual date of recording.

In case of cities and municipalities, the funding requirements for the installation
of the CCTVs shall be included in the General Appropriation Act of the Department of
Interior and Local Government (DILG) in the year following its enactment, with the
technical assistance of the Department of Science and Technology (DOST).

SECTION 6. Persons Responsible. — The Head of Office in case of government
offices and public buildings and the City/Municipal Mayors with respect to parks, streets,
alleys and other public congregations in their respective territorial jurisdiction, as well as
the Owner/Administrators of academic/learning institutions with regard to schools, and
the Owners/Proprietors of business establishments shall cause installations of CCTV’s.

SECTION 7. Notice of Surveillance.— A signage informing the general public of
the existence of the CCTV cameras shall be installed. It shall be visible, distinctive and
located in areas with good lighti

SECTION 8. Procedure for Access and Disclosure of Recordings ~ The access,
disclosure, use, viewing, or copying of images and recordings performed in accordance
with this Act shall only be allowed in the following instances:

1, Upon a written request from a person in authority in connection with and limited
to an investigation for the prosecution of an offense punishable by law;

2. Upon lawful order of the court, in connection with a pending criminal or civil
proceeding;


3. To determine whether an offense has been committed against a person or property
and to ascertain the identity of the perpetrator and the manner by which the crime
was committed;

4. Any person whose image has been recorded may make an application in writing
for a copy of the recording or the still images;

5. Law Enforcement Agencies shall not be allowed to release images or recordings
from the CCTV to the media, except only when the circumstances warrant to help
identity the perpetrator of a crime or locate his whereabouts, or as a matter of
public information.

the use, copying or disclosure of images and recordings shall be authorized
within twenty-four (24) hours after submission of the request as herein specified

SECTION 9. Penalties. — Any act or omission in violation of the mandatory
requirement under this Act shall be punishable with imprisonment not exceeding six (6)
months or a fine not to exceed fifty-thousand (P 50, 000.00) pesos, or both without
prejudice to other civil or criminal liabilities that may arise therefrom.

The persons or officers enumerated under Section 5 shall be held answerable for
violations of this Act; provided that it is shown that the violation was due to his/her direct
participation, lack of supervision, or negligence. For government offices and public
places, the non-installation of the CCTV’s shall be considered as nonfeasance and the
officers responsible shall be subject to the penalties provided for in appropriate laws.

SECTION 10.Jmplementing Agency. - The Department of Interior and Local
Government and the respective Local Government Units (LGU) shall ensure the effective
implementation and enforcement of this Act.

SECTION I1.Jmplementing Rules and Regulation. ~ Within thirty (30) days
from the effectivity of this Act, the Secretary of Interior and Local Government, in
consultation with appropriate government agencies and other stakeholders, shall
promulgate the necessary rules and regulations to implement this Act.

SECTION 12. Repealing Clause. ~ All laws, presidential decress, executive
orders, rules and regulations or part thereof, contrary to or inconsistent with the
provisions of this Act, are hereby repealed or modified accordingly.

SECTION 13. Separab
held unconstitutional or invalis
and effect.

Clause. — If any section or provision of this Act is
|, all other sections or provisions shall remain in full force

SECTION 14. Effectivity Clause. ~ This Act shall take effect fifteen (15) days
after its complete publication in any two (2) newspapers of general circulation.

Approved,