Republic of the Philippines 2 payee ED
HOUSE OF REPRESENTATIVES {© D0it: 20,
Quezon City

Seventeenth Congress
Second Regular Session

HOUSE BILL NO. 6381

Introduced by
REPRESENTATIVE ALFREDO B. BENITEZ

EXPLANATORY NOTE

Despite the outstanding and unprecedented campaign of our President and our
men in uniform to alleviate the crimes committed in our country, prevalence of the
same continues to be unabated. The ever-changing methods of criminals in
perpetrating crimes and avoiding capture requires and compels us to likewise change
and adjust our efforts by making use of all resources and technological innovations
available at our disposal. The emergence of CCTV is seen as one of those
technological developments that will detect crimes, deter criminals, and solve
unresolved and pending offenses.

The puzzle on the death of Kian Loyd delos Santos, who was allegedly killed
without basis during an anti-drug operations, shows how CCTV cameras can help
determine the truth and identify the perpetrators and bring them to the Courts of Law
and face the consequences of their actions.

Security of person, right to life and liberty is a basic entitlement guaranteed by
the Universal Declaration of Human Rights. Section 16 of Republic Act No. 7160 or
the “Local Government Code" provides that every local government unit shall exercise
powers necessary for its efficient and effective governance and those which are
essential to the promotion of general welfare.

This bill mandates Local Government Units and establishments to install CCTV
cameras/video surveillance within their premises not only for the security of their
person and property but also of those they serve.

With the full support of the present administration, it is proper that we give the

criminals a taste of their own medicine — INNOVATION.
. BENITEZ

, Negros Occidental



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Seventeenth Congress
Second Regular Session

6381
HOUSE BILL NO.

Introduced by

REPRESENTATIVE ALFREDO B. BENITEZ

AN ACT REQUIRING LOCAL GOVERNMENT UNITS AND ESTABLISHMENTS TO.
INSTALL CLOSED CIRCUIT TELEVISION (CCTV) OR VIDEO
SURVEILLANCE SYSTEM IN THE PREMISES OF PRIVATE
ESTABLISHMENTS AND PUBLIC PLACES

2017.

Section 1. Title. — This Act shall be known as the “CCTV Installation Act of

Section 2. Declaration of Policy. |tis the declared policy of the State to serve
and protect the people, to maintain peace and order, to protect life, liberty and property
of its citizens, and to promote the general welfare.

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

a.

Business establishments used for commercial purposes and operating for,
selling products to, or providing services to the general public. They shall
include but not limited to restaurants, hospitals, malls, shopping centers,
movie houses, theaters, supermarkets, groceries and other similar
establishments;

. Public offices and facilities;
. Public and private schools;
|. Parks or plazas, public markets;

. Major roads and major intersections; and


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

Section 4. Installation of CCTV or Video Surveillance System. Business
establishments and public areas covered under this Act shall ensure that their
CCTV/Suneillance cameras are turned on and recording for twenty-four (24) hours
every day and for seven (7) days a week. Further, the video recording shall be kept
on safe keeping for a period of not less than ninety (90) days from the date of
recording, and may be disposed after the lapse of said period at the option of the
owner.

The recordings shall be made available upon the request of proper authorities
and allow copies thereof to be made at the expense of the requesting party.

For business establishments, the installation of CCTV camera/video
surveillance shall be a mandatory requirement prior to the issuance of business
permits.

For establishments engaged in services which require privacy, installation of
CCTVWideo surveillance shall be limited to common areas and those accessible to
the public including, but not limited to, reception area, lobbies, and waiting area.

Section 5. Priority Areas in Local Government Units. LGUs shall prioritize
installation of CCTV cameraivideo surveillance in areas in their jurisdiction where the
surveillance system will significantly help in improving the safety and security of the
locality.

Section 6. Notice of Surveillance. The fact that CCTV camera/video
surveillance have been installed shall be made known to the general public through a
written notice displayed at the entrance of the establishment or public area.

Section 7. Non-disclosure of Video Recordings. The owner and/or manager
of the business establishment and operator of the CCTV camera/video surveillance in
public areas shall maintain the privacy and confidentiality of the video feeds and
recordings which shall only be used, viewed, disclosed, and copied for purposes
allowed under this Act.

Section 8. Allowed Use and Disclosure. The use, viewing, disclosure, and
copying of video feeds and recordings under this Act shall only be allowed in the
following instances:

a. For investigation and prosecution purposes of an offense punishable by law
or regulation, in connection with any pending criminal or civil proceeding;
and

b. For determination as to whether or not an offense was committed against a
person or property, to ascertain the identity of the perpetrator, and to
determine the manner by which the offense was committed.


Section 9. Prohibited Surveillance. The installation of CCTV cameralvideo
surveillance in any restroom, toilet, shower, bathroom, bedroom changing room, and
other similar areas shall be prohibited

Section 10. Penalties. Any act or omission causing the violation of duties
ascribed to business establishments under this Act shall be punishable with
imprisonment not exceeding six (6) months, or a fine not exceeding seventy thousand
pesos (PhP 70,000.00), or both, without prejudice to other civil or criminal liabilities
that may arise therefrom. The owner and/or manager of the establishment shall
likewise be 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.

Section 11. Appropriations. The amount necessary to implement the
provisions of this Act shall be charged against the appropriations of the DILG under
the General Appropriations Act.

For purposes of public agencies and LGUs, the funding requirement to
implement the provisions of this Act shall be sourced from the regular appropriations
of the agencies and development funds of the LGUs concerned.

Section 12. Implementing Agency. The Department of Interior and Local
Government and the respective local government units with jurisdiction over the area
wherein a covered establishment is located shall ensure the implementation of this
Act.

Section 13. Implementing Rules and Regulation. Within thirty (30) days from
the effectivity of this Act, the Secretary of the Interior and Local Government, in
consultation with appropriate government agencies and stakeholders, shall
promulgate the necessary rules and regulations to implement this Act.

Section 14. Separability Clause. — If any provision of this act or the application
of the same is declared invalid, the emainder of this Act or the application of any other
provision shall not be affected by such declaration.

Section 15. Repealing Clause. — All laws, decrees, ordinances, rules and
regulations, executive or administrative orders and other presidential issuances
inconsistent with this Act, are hereby repealed, amended or modified accordingly.

Section 16. Effectivity. — This Act shall take effect after fifteen (15) days from
Publication in two (2) national papers of general circulation.