RULES ON THE USE OF BODY-WORN CAMERAS

IN THE EXECUTION OF WARRANTS

RULE 1

GENERAL PROVISIONS

SECTION 1. Title. – These Rules shall be known and cited as the “Rules on the Use of
Body-Worn Cameras in the Execution of Warrants.”

SECTION 2. Scope and Applicability. – These Rules shall apply to all applications,
issuances, executions of arrest and search warrants under the Revised Rules of
Criminal Procedure. These Rules shall also apply to warrantless arrests as provided
in Section 3, Rule 2 of these Rules.

SECTION 3. Supplementary Nature of these Rules to the Existing Rules of

Procedure. – These Rules shall supplement the existing Revised Rules of Criminal
Procedure, which provisions shall continue to govern all stages of the prosecution of
criminal actions.

Remedies provided under existing rules shall, whenever applicable, be made

available to any party who seeks relief from any of the order provided under this Rule.

SECTION 4. Definition of Terms. – For purposes of these Rules, the following terms
are defined as follows:

1. Alternative Recording Device – An electronic camera system which is not a

body-worn camera, that is capable of creating, generating, sending, receiving,
storing, displaying, and processing audio-visual recordings, and may be worn
during law enforcement activities. It may be used as a substitute for body-worn
cameras in case of unavailability. To be used as a functional equivalent, it shall
comply with the following minimum standard requirements:

i. Video resolution : 720p or higher

ii. Frame rate : 30 frames per second
iii. Audio : Built-in
Data and time
iv. : Built-in
stamping
v. GPS : Built-in
vi. Battery life : 8 hours continuous
Capable of storing 8 hours continuous
vii. Storage :
audio-video footage
 Low-light With night mode built in, a low lux rating,
viii. :
recording and/or an infrared (IR) illuminator

In any case, the alternative recording device shall be capable of capturing

with reasonable clarity the events that transpire during the implementation of
the warrant.

2. Body-Worn Camera – An electronic camera system designated to law

enforcement units for creating, generating, sending, receiving, sorting,
displaying, and processing audio-visual recordings that may be worn during
law enforcement activities.

3. Data Custodian – An officer of the law enforcement agency implementing the

arrest or search warrant, who has the sole responsibility of storing and
safekeeping data recorded from body-worn cameras.

4. Metadata – 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, etc.

5. Recording – 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 data repositories.

RULE 2

ARREST WARRANTS

SECTION 1. Issuance of Warrant and Requirement to Use Body-Worn Cameras. –

Upon finding probable cause, the trial court shall issue an arrest warrant with an
order requiring the use of at least one body-worn camera and one alternative
recording device, or a minimum of two devices, or such number as may be necessary
to capture and record the relevant incidents during its execution.

In case of unavailability of body-worn cameras, the law enforcement officers

who will implement the warrant shall file an ex parte motion before the court,
requesting authority to use alternative recording devices for justifiable reasons.
Should the trial court find merit in the motion, it shall issue an order allowing the use
of alternative recording devices, which order shall be attacked to and form and part
of the arrest warrant. If a body-worn camera is not available, the officers must use at
least two alternative recording devices.

SECTION 2. Notification in Person to be Arrested and Other Subjects. – When

making an arrest by virtue of a warrant, the officers wearing the body-worn cameras
or alternative recording devices shall, as early as practicable, notify the person to be
arrested and the other subjects of the recording that the execution of the warrant of
arrest is being recorded and that they are making an arrest pursuant to a warrant
issued by a court.

SECTION 3. Use of Body-Worn Cameras During Arrest. – At least one body-worn

camera and one alternative recording device, or such number as necessary to capture
and record the relevant incidents during execution of the warrant shall be worn by
members of the team making the arrest by virtue of a warrant. Should a body-worn
camera be unavailable, at least two alternative recording devices must be used. The
officers having such cameras shall ensure that they are worn in a conspicuous
location and in a manner that maximizes their ability to capture a recording of the
arrest.

Both video and audio recording functions of the cameras shall be activated as
soon as the officers arrive at the place of arrest. Unless provided in Section 10, Rule 4
of these Rules, the cameras shall not be deactivated until the arrest has been fully
concluded and the arresting officers have delivered the person arrested to the nearest
police station or jail pursuant to Section 3, Rule 113 of the Revised Rules of Criminal
Procedure.

Where a peace officer effectuates an arrest under Section 5, Rule 113 of the
Revised Rules of Criminal Procedure and insofar as it is practicable, the arrest shall
be recorded using body-worn cameras or alternative recording devices in the same
manner as an arrest made with a warrant. Further, in cases of warrantless arrests
effected under Section 21 of the Comprehensive Dangerous Drugs Act of 2002, as
amended, the media representative may be allowed to record the operation, subject
to the custody requirements under Sections 1, 2, and 3, Rule 4 of these Rules.

In case of malfunction, damage or unavailability of body-worn cameras, resort

to alternative recording devices may be allowed. Reasons for resorting to such
alternative devices shall be explained in the affidavit to be submitted to the court
under Section 4 of this Rule.

SECTION 4. Affidavit of Arrest and Submission of Recordings to Court. – Upon filing

of the report under Section 4, Rule 113 of the Revised Rules of Criminal Procedure,
all recordings from the body-worn cameras or alternative recording devices used
during the execution of the warrant shall be stored in an external media storage
device and simultaneously deposited in a sealed package with the issuing court,
provided that the officer may, with leave of court, retain a back-up copy for justifiable
reasons for a period not exceeding 15 days. In case of redaction of personal identifiers
in the recording pursuant to Section 4, Rule 4 of these Rules, both the unredacted and
the redacted files shall be submitted to the court. The report shall be accompanied by
affidavits of the officers whose body-worn cameras or alternative recording devices
were used to capture the recordings and the affidavits shall state:

1. The date, time, and place of the recording;

2. The manner by which the recording was taken and stored, and when
applicable, the fact of unavailability of body-worn cameras and that a resort
to alternative recording devices was necessary, and the circumstances
detailing the non-activation, interruption, or sudden termination of the
recording;

3. The fact that persons subject of the recording were notified of the use of
body-worn cameras or alternative recording devices;

4. The date, time, place, and other circumstances surrounding the first instance
of retrieval or download of the recordings from the cameras;

5. The names and positions of the persons who had possession of and access
to the recordings, including details of such access, from the time of their
taking until their deposit with the court;

6. The fact of redaction of personal identifiers appearing in the recording

whenever applicable, the special circumstances justifying such redaction,
and the details redacted, pursuant to Section 4, Rule 4 of these Rules;

7. Whenever applicable, a certification that both unredacted and redacted files

containing the recordings are submitted to the court;

8. The names and positions of the officers who will be delivering the recordings
to the court;

9. Reasonable ground in case of noncompliance with any of the requirements

on the use of body-worn cameras or alternative recording devices, including
all acts undertaken showing genuine and sufficient efforts exerted to ensure
compliance with these Rules.
 In cases of death, physical disability, resignation, or severance of ties with the
agency of the officers whose body-worn cameras or alternative recording devices
were used in the execution of the warrant, any member of the arresting team shall
make the affidavit.

In case of failure to execute the warrant of arrest, the officer to whom it was
assigned for execution shall, within 30 days from such assignment, file a report stating
the reasons for such failure. It is also the duty of the issuing judge to ascertain if the
report filed under Section 4, Rule 113 of the revised Ruels of Criminal Procedure is
accompanied by the required affidavits, and if none, to issue a show cause order
against the responsible officer and to require the submission. If the officer fails to
comply with such order, he or she may be held liable for contempt of court until the
proper submission is made.

In case of the use of body-worn cameras or alternative recording devices during

warrantless arrests pursuant to Section 3 of this Rule, the recordings and the
affidavits of arrest shall be submitted to the prosecutor conducting the inquest
proceedings, and they shall form part of the records of such proceedings.

SECTION 5. Effect of Failure to Observe the Requirements for Body-Worn Cameras

on Arrest Made. – Failure to observe the requirement of using body-worn cameras
or alternative recording devices shall not render the arrest unlawful or render the
evidence obtained inadmissible. Facts surrounding the arrest may be proved by the
testimonies of the arresting officers, the person arrested, and other witnesses to the
arrest. However, a law enforcement officer who fails, without reasonable grounds, to
use body-worn cameras or alternative recording devices, or intentionally interferes
with the body-worn cameras’ ability to accurately capture audio and video recordings
of the arrest, or otherwise manipulates such recording during or after the arrest may
be liable for contempt of court. Liability for contempt of court shall not apply if the
body-worn cameras were not activated due to malfunction prior to the incident or
when allowed under Section 10, Rule 4. This is without prejudice to any
administrative, civil or criminal proceedings that may be initiated against him or her
for the same acts or omissions.

Failure to timely file the affidavit as required under Section 4 of this Rule may
likewise render the law enforcement officer liable for contempt of court.

RULE 3

SEARCH WARRANTS
SECTION 1. Application for Search Warrants. – An applicant for a search warrant
shall state in the application the availability or unavailability of body-worn cameras
to be used in the execution of the search warrant. In case of their unavailability, the
applicant may request for authority to use alternative recording devices.

Multiple search warrant applications based on the same evidence filed in the
same court shall be a ground for denial. If already issued, this shall be a ground for
the quashal of these warrants.

SECTION 2. Search Warrants in Special Criminal Cases by Executive Judges of

Regional Trial Courts. – Except for the jurisdiction of the Special Commercial Courts
to issue search warrants involving intellectual property rights violations, the
Executive Judges and, whenever they are on official leave of absence or are not
physically present in the station, the Vice-Executive Judges of the Regional Trial
Courts shall have authority to act of applications for search warrants to be
implemented within their judicial regions, filed by the National Bureau of
Investigation, the Philippine National Police, the Anti-Crime Task Force, the
Philippine Drug Enforcement Agency, and the Bureau of Customs, for search warrants
involving heinous crimes, illegal gambling illegal possession of firearms and
ammunitions, as well as violations of the Comprehensive Dangerous Drugs Act of
2002, the Anti-Money Laundering Act of 2001, the Customs Modernization and Tariff
Act, and other relevant laws that may later be enacted by Congress and included in
these Rules by the Supreme Court.

The applications shall be personally endorsed by the heads of such agencies

and shall particularly describe the places to be searched and/or the properties or
things to be seized as prescribed in the Rules of Court. They shall also state the
compelling reasons for filing the application with these courts. The Executive Judges
and Vice-Executive Judges concerned shall issue the warrants, if justified, which may
be served in places outside the territorial jurisdiction, but within the judicial regions
of these courts.

The Executive Judges and the authorized Judges shall keep a special docket
book listing the names of Judges to whom the applications are assigned, the details of
the applications, and the results of the searches and seizures made pursuant to the
warrants issued.

This shall be an exception to Section 2, Rule 126 of the Revised Rules of Criminal
Procedure.

SECTION 3. Issuance of Warrant and Requirement to Use Body-Worn Cameras. –

If the judge finds probable cause, he or she shall issue the search warrant, which shall
include an order requiring the use of at least one body-worn camera and one
alternative recording device, or a minimum of two devices, or such number as
necessary to capture and record the relevant incidents during its execution.

SECTION 4. Notification to Persons in Place to be Searched. – When conducting a

search by virtue of a warrant, the officers wearing the body-worn cameras or
alternative recording devices shall, as early as practicable, notify the lawful occupants
of the premises to be searched that the execution of the search warrant is being
recorded and that they are conducting a search pursuant to a warrant issued by a
court.

SECTION 5. Use of Body-Worn Camera During Search. – At least one body-worn

camera and one alternative recording device or such number as necessary to capture
and record the relevant incidents during execution of the warrant shall be worn by
members of the team conducting the search by virtue of a warrant. Should a body-
worn camera be unavailable, at least two alternative recording devices must be used.
The officers having such cameras shall ensure that they are worn in a conspicuous
location and in a manner that maximizes their ability to capture a recording of the
search.

Unless justified under Section 10, Rule 4 of these Rules, both video and audio
recording functions of the cameras shall be activated as soon as the officers arrive at
the place of search, and the cameras shall not be deactivated until the search has been
fully concluded and the officers conducting the search have left the premises and
returned to the police station.

In case of malfunction, damage, or unavailability of body-worn cameras, a

resort to alternative recording devices may be allowed. Reasons for resorting to such
alternative devices shall be explained in the affidavit to be submitted to the court
under Section 6 of this Rule.

SECTION 6. Affidavit of Search and Submission of Recordings to Court. – Upon

filing of the return under Section 12, Rule 126 of the Revised Rules of Criminal
Procedure, all recordings from the body-worn cameras or alternative recording
devices used during the execution of the warrant shall be stored in an external media
storage device and simultaneously deposited in a sealed package with the issuing
court. In case of redaction of personal identifiers in the recordings pursuant to Section
4, Rule 4 of these Rules, both the unredacted and the redacted files shall be submitted
to the court. The return shall be accompanied by affidavits of the officers whose body-
worn cameras or alternative recording devices were used to capture the recordings,
and the affidavits shall state:

1. The date, time, and place of the recording;

 2. The manner by which the recording was taken and stored, and when
applicable, the fact of unavailability of body-worn cameras and that a resort
to alternative recording devices was necessary, and the circumstances
detailing the non-activation, interruption, or sudden termination of the
recording;

3. The fact that persons subject of the recording were informed of the use of
body-worn cameras or alternative recording devices;

4. The date, time, place, and other circumstances surrounding the first instance
of retrieval or download of the recordings from the cameras;

5. The names and positions of the persons who had possession of and access
to the recordings, including details of such access, from the time of their
taking until their deposit with the court;

6. The fact of redaction of personal identifiers appearing in the recording

whenever applicable, the special circumstances justifying such redaction,
and the details redacted, pursuant to Section 4, Rule 4 of these Rules;

7. Whenever applicable, a certification that both unredacted and redacted files

containing the recordings are submitted to the court;

8. The names and positions of the officers who will be delivering the recordings
to the court;

9. Reasonable ground in case of noncompliance with any of the requirements

on the use of body-worn cameras or alternative recording devices, including
all acts undertaken showing genuine and sufficient efforts exerted to ensure
compliance with these Rules.

In cases of death, physical disability, resignation, or severance of ties with the

agency of the officers whose body-worn cameras or alternative recording devices
were used in the execution of the warrant, any member of the team conducting the
search shall make the affidavit.

When death results from the execution of the search warrant, an incident
report detailing the implementation of the search, the reasons why such death
occurred, the result of related inquest proceedings, if any, including possibly those
against the officer or officers causing the death together with other relevant
documents, shall likewise be submitted.
 It is the duty of the issuing judge to ascertain if the return filed under Section
12, Rule 126 of the Revised Rules of Criminal Procedure is accompanied by the
required affidavits, and if none, to issue a show cause order against the responsible
officer and to require the submission. If the officer fails to comply with such order, he
or she may be held liable for contempt of court until the proper submission is made.

SECTION 7. Effect of Failure to Observe the Requirements for Body-Worn Cameras

on Search Conducted. – Failure to observe the requirement of using body-worn
cameras or alternative recording devices, without reasonable grounds, during the
execution of the search warrant shall render the evidence obtained inadmissible for
the prosecution of the offense for which the search warrant was applied.

A law enforcement officer who fails to adhere to the requirements during the
execution of a search warrant, or intentionally interferes with the body-worn
cameras’ ability to accurately capture audio and video recordings of the search, or
otherwise manipulates such recording during or after the search may be liable for
contempt of court. Liability for contempt of court shall not apply if the body-worn
cameras were not activated due to their malfunction and the law enforcement officers
were not aware of the malfunction prior to the incident. This is without prejudice to
any administrative, civil, or criminal proceedings that may be initiated against him or
her for the same acts or omissions.

Failure to timely file the affidavit as required under Section 6 of this Rule may
likewise render the law enforcement officer liable for contempt of court.

SECTION 8. Remedies from Search Conducted in Violation of These Rules. – In

addition to the grounds allowed under the Revised Rules of Criminal Procedure, a
motion to suppress evidence may be filed by a person searched if the search was done
without the use of body-worn cameras or alternative recording devices and the
failure to use such cameras is without any reasonable ground. This remedy shall
likewise be available to persons searched incidental to an arrest by virtue of a
warrant, when such arrest was without the use of body-worn cameras or alternative
recording devices without reasonable ground.

RULE 4

COMMON PROVISIONS

SECTION 1. Downloading of Data from the Cameras; Preservation of Metadata. –

Downloading of the data from the body-worn cameras or alternative recording
devices for safekeeping shall be done within 24 hours from the time of their recording
by the data custodian or his or her representative. In case of recordings captured by
the media representative under Section 3, Rule 2 of these Rules, data shall likewise
be turned over to and downloaded by the data custodian or his or her representative
within 24 hours from the time of their recording. To ensure that no tampering is done
during the downloading process, subjects of the recordings or their counsel shall be
allowed to witness the downloading of the recordings from the cameras prior to
safekeeping. Data downloaded from the cameras shall be encrypted. The metadata
contained in the recordings, regardless if taken by body-worn cameras or alternative
recording devices, shall be preserved.

SECTION 2. Chain of Custody over the Recordings. – The chain of custody over the
recordings shall, at all times, be preserved from improper access, review, and
tampering. It shall cover the following events:

1. Recording of the footage using the body-worn cameras or alternative recording

devices;

2. Turnover of the body-worn cameras or alternative recording devices used by

the arresting or searching team, or of the data by the media representative
under Section 3, Rule 2 of these Rules to the data custodian of the law
enforcement agency to which they belong;

3. Downloading of the data by the data custodian pursuant to Section 1 of this

Rule;

4. Redaction of personal identifiers by the data custodian or his or her

representative pursuant to Section 4 of this Rule, whenever applicable;

5. Retrieval of recording data and their transfer to an external media storage

device by the data custodian; and

6. Submission and delivery of the recordings contained in an external media

storage device to the court under Section 4, Rule 2 and Section 6, Rule 3 of these
Rules.

SECTION 3. Custody of and Access to Recordings. – The data custodian of the law
enforcement unit employing the officers whose body-worn cameras or alternative
recording devices captured the recordings, or to whom data was turned over by the
media representative under Section 3, Rule 2 of these Rules, shall retain and have
custody of the recordings, and he or she shall ensure their security, confidentiality,
and integrity. Prior to submission to the court under Section 4, Rule 2 and Section 6,
Rule 3 of these Rules, the data custodian or any other person in custody of the
recording shall limit viewing access of the footage to:

1. Any person who is a subject of the recording or his or her counsel;

2. The parent, guardian, or counsel of any minor who is a subject of the

recording;

3. The spouse, next of kin, or legally authorized designee of a deceased subject

of the recording, or his or her counsel; and

4. Employees of the law enforcement agency to which the officer whose

camera captured the recording belongs

Data recorded by body-worn cameras and alternative recording devices are not
public record subject to disclosure, unless the recordings involve an incident
resulting in a loss of life or an assault made on law enforcement officers during the
arrest or search. Recordings and copies of such recordings that depict or record
circumstances in which a person dies while being apprehended by or while in the
custody of law enforcement officers, or when assault is made on law enforcement
officers, are considered public record.

SECTION 4. Redaction of Personal Identifiers in Special Circumstances. – When

sensitive information and images appear in the recordings, such as in cases involving
minors, sexual offenses, or domestic violence, it shall be the duty of the data custodian
or his or her authorized representative to redact such information, images, and other
personal identifiers of the person appearing in the recordings for his or her
protection. Any person redacting information pursuant to this Section shall ensure
that other incidents relevant to the arrest or search remain in the recordings.

SECTION 5. Recordings During Arrest or Search. – These Rules are without

prejudice to the use of cameras by persons witnessing the arrest or search.

To be admitted as evidence, any recording taken under these Rules, as well as

those made by persons witnessing the arrest or search, must be presented during trial
and authenticated by the person who captured the recording.

SECTION 6. Consent to Use Recording in Court Proceeding. – Consent of the person

arrested or those affected by searches and seizures to the use of the recordings
resulting from the use of body-worn cameras or alternative recording devices in a
court proceeding shall only be asked in the presence of counsel. If the person consents
or remains silent, the recordings may be used by and against him or her in a court
proceeding. If he or she declines, the recordings may not be used by or against him or
her. In case of minor subjects, consent shall be secured from his or her parent or
guardian.

Recordings under these Rules are not public record subject to disclosure,
except when they capture incidents resulting in a loss of life or an assault made on
law enforcement officers during the arrest or search. Should the arrest or search be
attended by any of these incidents, the recordings may be used in court even without
the consent of the persons identified in the proceeding paragraphs.

The lack of consent to the use of the recordings shall not delay the conduct of
the arrest or search in accordance with the warrant issued.

SECTION 7. Copies of Recordings. – All persons mentioned in paragraphs 1 to 3,

Section 3 of this Rule shall be entitled to obtain a copy of the recording within five
days from data downloading should the person subject of the recording consent to its
use in a court proceeding. They shall not release such recording to other persons,
including the media, before and after use in trial. A violation of this Section may
constitute contempt of court.

SECTION 8. Recordings Not a Substitute for Witnesses. – For evidentiary purposes,

the recordings captured by body-worn cameras or alternative recording devices are
suppletory to the testimonies of the persons subject of the recording or the law
enforcement officer. The recordings shall not be deemed as substitutes for the
presentation of witnesses.

SECTION 9. Introduction of Recordings as Evidence. – The introduction of

recordings as evidence is governed by the 2019 Amendments to the Revised Rules on
Evidence and the Rules on Electronic Evidence.

SECTION 10. Circumstances Where Use of Body-Worn Cameras or Alternative

Recording Devices may be turned off. – Body-worn cameras or alternative recording
devices shall be turned off in the following circumstances in the arrest or search:

1. Communications between law enforcement personnel unrelated to the conduct

of the search or the arrest;

2. Encounters with undercover officers or confidential informants;

3. When law enforcement officers are on break or otherwise engaged in personal

or non-work-related activities.
 4. Inside restrooms, locker rooms, or other places where there is a similar
expectation of privacy, and there is no legal reason to be present unless the
premises are covered by the search warrant;

5. In locations where individuals have a reasonable expectation of privacy such as

in residences, unless the recording is being made pursuant to a valid arrest or
search warrant of the individuals or locations;

6. Strip or body cavity searches when such is necessary as provided in the

warrant;

7. Conduct of tactical planning before conducting the search or the arrest;

8. Privileged communications between the subject of recordings and other

individuals, such as attorneys, members of the clergy, peer support counsellors,
and medical professionals; and

9. Such other circumstances as may be provided by the trial court issuing the
warrant which is part of constitutional privilege and where the dignity of an
individual may outweigh the public necessity for recording.

RULE 5

FINAL PROVISIONS

SECTION 1. Applicability to Pending Cases. – After their effectivity, these Rules shall
apply to pending applications for search warrants or warrants of arrest and to those
warrants issued that have not yet been implemented or executed.

SECTION 2. Repeal. – Section 12, Chapter V of A.M. No. 03-8-02-SC, as amended, is

repealed by Section 2, Rule 3 of these Rules.

SECTION 3. Effectivity. – These Rules shall take effect following their publication in
the Official Gazette or in two newspapers of national circulation.