Republic of the Philippines

Supreme Court
Office of the Court Administrator
Manila

OCA CIRCULAR NO. 110 – 2021

TO: ALL JUDGES OF THE FIRST AND SECOND LEVEL

COURTS

RE: RULES ON THE USE OF BODY-WORN CAMERAS IN

THE EXECUTION OF WARRANTS

Following the publication on 31 July 2021 in the Philippine

Star and Manila Bulletin, the Rules on the Use of Body-Worn
Cameras in the Execution of Warrants (A.M. No. 21-06-08-SC)
issued by the Court en banc take effect on 1 August 2021, as
provided in Sec. 3, Rule 5, thereof.

For the information and guidance of all concerned.

3 August 2021

JOSE MIDAS P. MARQUEZ

Court Administrator
 l\epublic of tbe 113btlipptnes
S5>upreme QCourt
;fffilnniln

EN BANC

NOTICE
Sirs/Mesdames :

Please take notice that the Court En Banc issued a Resolution dated
June 29, 2021, which reads as follows:

"A.M. No. 21 -06-08-SC (Rules on the Use of Body-Worn Cameras in

the Execution of VIarrants)

RESOLUTION

WHEREAS, Section 1, Article III of the Constitution guarantees that

no person shall be deprived of life, libe1ty, and property without due process
of law;

WHEREAS, s~ction 2, Article JII of thP- Constitution mandates the

right of the people against unreasonable searches and seizures; 1

\VHEREAS, there are incr~asing reports of civilian deaths resulting

from the execution cf ,..varrants issued by trial courts, the causes and
conditions surrom,ding such df;aths beir.g widely disputed;

VvHEREAS~ foliowing these incidents, the Supreme Court received

letters from lawyers' groups and severai hurnar, rights advocates docketed as
A.M N,). 21-03-16-SC, implor.:ng it to review the procedure i11 th::~ issuance

C!JNS':"1 ;·u 1' 10N, Art. 111, .S\•.-:. ), ~letk's·

I
SE(.:':'10~ '2, The t ig.ht .::: t:1.:: p•~ople ~-J t)~ ~ec:.n:c in tht ir perso>1s, houses. pap-=rs, and effe,;ts agai11st
unrea~on':lble .sear,h>':S ,<-'.110 se1;;,u1 t~S of :vhci(Cv,·r n,:;,ture and foi' ,lily Plll"iJOSC rhall 1:-c 111viola!Jlc, and 110
s~arc~ wJr::m~~ or war!·ar.t :;;··::.rre~t sti11U !SsPe ev:o:('' ur,on tll\1bab le ,.:a,ht h1 b~ detcr,rnned ;,ersonallv
by thi; judge after cxainina,im1 under l,•at;, ,;,· c.1a;n~ali~n of the complainant a110 the witne::;s~s h~ ma;,
pro<luce, and ?.1!,;cttbrly 6cs::ribi1,g tlw p:ace lo he searched and the pcrso11,: or thin1-;s to be seized.
Resolution 2 A.M. No. 21-06-08-SC

of search warrants, particularly Section 12, Chapter V of A.M. No. 03-8-02-

SC, as amended;

WHEREAS, the Supreme Court is vested with the power to

promulgate · rules concerning the protection and enforcement of
constitutional rights, pleading, practice, and procedure in all courts;2

\VHEREAS, pursuant to its constitutional authority, the Supreme

Court adopted the Revised Rules of Criminal Procedure and their
amendment~, providing the procedure in the prosecution of criminal offenses
before the trial courts while ensuring the protection of constitutional rights;

WHEREAS, Rules 112 and 113 of the Revised Rules of Criminal

Procedure specify the· procedure for the issuance and execution of arrest
warrants;

WHEREAS, Rule 126 of the Revised Rules .of Criminal Procedure

outlines the .procedure. for the issuance and execution of search warrants;

WHEREAS, Section 12, Chapter V of A.I\1. No. 03-8-02-SC, as

amended, 3 provides an exception to Section 2 of Rule 126, insofar as it
allows the Executive Judges of the Regional Trial Courts of Manila and
Quezon City to issue search warrants that may be served in places outside of
their territorial jurisdiction;

WHEREAS, advanc':'s in technology, particularly the availability of

body-worn earner.as, :make :it possible to integrate its use to support law
enforcement and to guarantee the protection of fundamental rights;

Art. Vil!. Sec. 5(5) states:

CONSTITUTION,
SECTION 5. The S,.µrc:r.·,e r:ourt shall have the foi!owir.g powers:
xxxx
(5) Prom...i!gat:: rules e,oncerning the prDt6ction and enforcement of com.titutional rights, pleading,
practice, anJ proce<iufe in all courts. ·
A.M. No. 03-8-02-SC, Cb. V, Sec. 12, as amended, state!>:
SECTION 12. r.~rnance of Sf!ar<.,h warrants ii" special c•·iminal cases hy the Regional Trial Courts of
Manila and Quezon City. - The Executive Judges and, whenever they are on official leave of absence
or are not physically prc,;ent in the station, the Vice-Ext>cutive Judges of the RTCs of Manila and
Quezon City shail hai/e authority to ::ict 011 appiica~ions filed by th1;: :'letional ·Bureau of Investigation
(NBI), ~he Philippfr.e Nn tii..;na? Police (PNP), the Anti--Cri;ne Task Fmce (ACTAF), the Philippine
Drug foforr:err.ent A~ency (PD~A\ a_nd ~he Bureau of Custom:;., for s~ard1 wan-a:its involving heinous
crimes, illegal gambling, :11egal i:o:m:ssivn of fire;;rms and arr:mun:tiom,, c!S wdl as ·;iolalions of the
Comprehensive 0<1n1S1::rous Drugs Ac! of 2002, the Intellecrua, hop1:rty Code, the Anti-Money
Laundering Act oi 2i.u) l , t~c; ra:-:ff and Custom::- Code, as amended, and other re?evar;t la\o\'S that may
herc;,fler bF.; ena::t~d -~y-Cc,ng;·'c:,;s, ano included h,xci,; ii)" the Supreme Court
The 8pp lic>:1tion,- shali h~ personally e:irl-::!·•,ed b~· the heads of s1Jdi agenc;es ,md shall j)articularly
dt.scd;c therein the r:la.ccs t o be searched :rnd/or the pr;)perly ,;1 things;,) be .51;ized a:; r''n;:.cribed in the
Rules of Court. The ·Executive Jud.ge,; at1d Viu·-Exeruti ve Judges conccrne'l ,ha;! is<;u~ the wan-ants, if
justified, which may-be suved in placzs outside th~ :·t.nitnrial jurisdiction of the said cour~::;.
Th.; Exe,,;1,;y,e J•idgc:s ·anJ the authorized Ju,jge~ shall keep a speciu: Jocket book listing 11ames of
Judges to wbon, ti-ic ar~licat(0i,~ ?are assig~ed , tl1e ::!etc:i!s of the applicatio;1s ?.nd t:1e resultr. of the
searches and S\)iZur~·, m,alc j,ursuant to ,h,: ·,,,1rra,,;5_:ss1,ed.
This Secticm·shail be 'ln exc::~;1t.10n ts· Scc1;011 2 ofR,11!e i <:6 ofthe,kul~~ of Cm•:1,

l .•
Resolution 3 A.M. No. 21-06-.08-SC

WHEREAS, Se~tion 4(e)4 of Republic Act No: 10173 , or the Data

Privacy Act of 2012,- :e xcludes from_its coverage information necessary to
carry out law·enforce'rn~nt functipns; · . · · · · ·

WHEREAS, the use of body-worn cameras can produce video and

audio recordings of the circumstances surrounding the execution of
warrants;

WHEREAS, such recordings can deter the excessive use of force by

law enforcement officers in the execution of warrants and can aid trial courts
in resolving issues that may become relevant in the criminal case, such as
conflicting eyewitness accounts;

WHEREAS, the Congress has appropriated funds for the

procurement · of body-worn cameras for use of the Philippine National
Police;

WHEREAS, the National Police Commission ha3 issued Resolution

No. 2017-369, prescribing the minimum standard specifications for body-
worn cameras to be used in law enforcement;

WHEREAS, the Philippine National Police has issued PNP

~1emorandum Circular No. • 2018-009, which provides the Operational
Guidelines and Policies on the Use of Body-Worn Cameras;

WHEREAS, the Philippine National Police has already procured

body-worn cameras for its .police operations, trained its officers, and
deployed the body-worn cameras for use; and

NOW, THEREFORE, acting on the recommendations of Associate

Justice Marvic· M .V .F. Leonen; thi s Court, sitting En Banc, resolves to
APPROVE the "RULES ON THE' USE OF BODY-WORN CAMERAS
IN THE EXECUTI01'. OF WARR.L\NTS" as follows :

Republic Act No. l l.1 1'73 (2('1 2), Sec. 4(e) states:
SECTION 4. Sco1w. -· x x x
This Act does not arpl y to the fo llowing:
I
XXX
(e) Information necessary in order to .::arry o ui the functions of pub lic authority which inc ludes the
processing of perspnal daf.a fo r the per t:m na.n,:e hy . lht! independent, ceP,ral monetary authority and
.law en foi·ce rnept an~I rt'.e;u'latory ag.e11-·.;e:.; of thei r consfruti ona!ly anp stututoril y mandated functtor1s.
Noth ing in· this Act shali ·be construed as to ii:l',~ arnended or-;;epealed Repuhl ic Act No. 1405.
otherw ise known ·as the ~ect'ccy o f Oank Depcs ils Act; Repub li c A,ct No. 6426, o\herwise known as
the Foreign Curren('y Deposit Acl; ar,d Rl'.µuhlic Act No. 95 10. otherwise h.nown n:, the Credit
In formation System Act (CI SA).
Resolution 4 A.M. No. 21-06-08-SC

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. Scnpe and Applicability. - These Rules shall apply to all

applications, issuances, and 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 ::i.ctions.

Remedies provided under existing rules shall, whenever applicable, be

made available to any party who seeks relief from any of the orders 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,
sending1 receiving, stoiing, 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:

1. Video resolution 720p or higher

11. Frame rate 3 0 frames per second
ill. Audio Built-in
lV . Data and tir,r1e stamping Built-in
V. OPS Built- in
Vi. Battery life 8 hours continuous
Vll. Storage Capabie of storing 8
hours continuous audio-
video footage
J
Resolution 5 A.M. _No. 21-06-08-SC

vu1. Lo~-light recording With night mode

built jn, a low lux rating,
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,
storing, 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 contammg 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.

RULE2

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 unav:J.ilah, lity ·of body--worn carrien~s, the law enforcement

officers who will implement 1hc warrar1t shall file an ex parte motion before
the court, requeE-ting authority to use alternative recording devices for
justifiable rea.sons. Shoµld the tri3l court find merit in the motion, it shall
issue an order allowing th~ use of ,dter n.at.ive recording devices, which order · /
shall be attached to and form part of the arrest wan-ant. If a body-worn
 Resolution 6 A.M. No. 21-06-08-SC

camera is not available,_ the officer~ must use at least two alternative
recording devices.

SECTION 2. Notification to Person to bf! Arrested and Other Subjects. -

When making an arrest by virtue of a warra.rit, 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 mus~ 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 recor<li_n g 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 J0, 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 mannet as an· arrest made with a warrant.
Further, in cas~s of warrantless arrests effected under Section 21 of the
Comprehensive Dangerous Drugs Act of 2002, as amended, the media
representative lflay be allowed to record the operation, subject to the custody
requirements under Sections 1, 2, and 3, Rule 4 of these R ..iles.

In case of_malfunction, damage, or unavailability of body-worn

cameras, resort to alternative recording devices may be ailowed. Reasons
for resorting to such alternative devices shall be explained in the affidavit to
be .submitted to the court under Section 4 ofthis Rule.

SECTION 4. Affida'.Jif of Arrest and Submission of Recordings to Court.

- Upon filing of the report under Section 4, Rule i 13 of the Revised Rules
of Criminal Procedure, all recordings from the body-worn cameras or
alternative recording devices used during the exec~tion of the ,varrant shall /
be stored in an external . media storage device and simuhaneocsiy deposited
in a sealed packa_g e with the issuing court, provided that the officer may,
Resolution 7 A.M. No. 21-06-08-SC

with leave of co~ii; retain~ back-up copy for justifiabl~ reasons for a period
not exceeding 15 .d~ys. 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 :fil~s 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 sun-ounding 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 m the

recording whenever applicable, the special circumstances
justifying such redaction, a;-id 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 c~se of noncompliance with . any of the

requirements on the use of body-worn · c,:1.meras or alternative
recording devices, including ail acts undertaken ::howing genuine
and sufficient efforts exerted to ensure compliance with these
Rules.

In case of death, physic_al disability, resignatio!1, or severance of ties

with the agency of the officers· whose body-wo;n cameras or alternative /
recording devices· were. used in the execution of the warrant, any member of
th~ arresting team shaU make the atlidavtt.
' '
Resolution 8 A .M. No. 21-06-08-SC

In case of failute to execute the warrant of arrest, the officer to whom

it was assigned for -e xecution 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 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.

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 rm 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 fa~ls, 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
their malfunction and the law enforcement officers were not aware of the
malfunction prior to the incident or when allowed und~r Section I 0, Rule 4.
This is without prejudice to any. administrative, ·civil: or criminal
proceedings that may be initiated · aga inst him or het-•for the Same acts or
om1ss1ons.

Failure to -~imely file the affi°davit as required wider Section 4 of this

Rule may likewise render the law enforcement officer liable for contempt of
court.

RUL.E3

SE_A RCH WARHANTS

SF,CTION 1. Application for Search ,varrants. An applicant for a

search \\!arrant shall state in the spplil.:ation the availr1l,1ility or unav<li.lability
of body-worn cameras to be u~ed in the execution of _the search warrant. In
f
Resolution 9 A.M. No. 21-06-08-SC

case of their unavailability, the applicant may request for authority to use
alternativ~ recording devices.
. .

. Multiple search warrant applicadons 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 on 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 L:rnndering Act of 2001 , the Customs
Mode1nization and Tariff Act, and other relevant iaws 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 reaso_ns for filing the application with these
courts. The Executive Judges and Vice-Executive Judges concerned shall
is_sue the warrants, if justified, w~ich m:;iy b~ served _in- places outside the
territorial jurisdiction,
.
but
. .
within the
.
judicial. regions pf
.
these courts.

The Executive Judges and the authorized Judges shall keep a special
docket book iisting the names of Judges to whom the applications are
assigned, the details of the appiications, 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 Proc.edure.·

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 altermi.tive recording device, or a minimum. of
two devices, .or such number as necessary to (.;apture and record the relevant /
incidents during its executio11.
Resolution 10 A.M. No. 21-06-08-SC

SECTION 4. Notificatioit 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 la~ful occupants of the premises to be searched that the execution
of the search warrant is being recorded and that they ~re 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 cam<:-ra 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 l 0, 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 folly conc~uded 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 shal I be explained in the affidavit to
be submitted to the court under Section 6 of this Rule.

SECTION 6. Affidavit of Search and Submission ~.r Recordin,:s 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 extem<;1.l media storage device and simultaneously deposited
of
in a sealed package with the issuing court . In case redaction of personal
identifiers in the ·recordings pursuant to Section 4, Rule 4 of these Rules,
both the unredacted an·d 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 sh.all st8te: · ·

1. Th~ date, time, aJ)<l plact of the reco:di.ng;

2. The ma.i1ner by which· the recoi·ding was ·rn.k~;n and stored, and
when applicable, the fact ·of unavailability of body-vvorn cameras /
and that · ti. resort to a lternative rccor~ing devtces was necessary,
Resolution 11 AM. No. 21-06-08-SC

and the ·circumstances detailing the nqn-activation, interruption, or

sudden tennination 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 m 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 positioris of the officers who will be delivering the
recordings to the court; and

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

requirements on the use uf body-worn cameras or alternative
recording devices, including all acts undertaken showing genuine
and sufficient effo1is exerted to ensure compliance with these
Rules.

In case of death, physical disability, resignation, or severance of ties

with the agency of the officers whose body-worn cameras or afremative
recording devices were used in the execution of the search 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 · occvrred, the result of related inquest proceedings, if any,
including possibiy those against the officer or officers causing the death
together with other relevant documents, shali like~ise be submitted.

It is the duty of the issuing judge io ascerta_;n if the return filed under
Section 12, Ruic 126 of the R :-vised Rules of Criminai Procedure is
accompanied by the required affidavits, and if none, to issue a :;how cause /
order against the, responsible offk.e r a.nd to require the submission. If the
Resolution 12 A.M. No. 21 -06-08-SC

officer fails to comply with such order, he ·or she m_?Y 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 inddent. · 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 I iable 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
aitemative recording devices and the failure to use such cameras is without
any reasonable gr.ound. This remedy shall likevvise be available to persons
searched iricidentaJ to an arrest hy virtue of a warrant, when s11ch arrest was
without the use · of body-worn came~as or alternative recording devices
without reasonable ground.

RULE4

COMMON PROVJSlONS

SECTION 1. DtJ-.,..•nfoading of Data fro.m the·(.(lmeras: Preservation of

Metadata. --- Downloading of the data from the body-~vorn cameras ~r
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. ln case of recordings captured by the media representative
under Section 3, RLJle 2 of these Rules, data shall likewi<.;e be turned over to
I
Resolution . 13 A .M: No. 21-06-08-SC

and downloaded by the data custo.d ian ot his or her representative within 24
hours from the time of their recor~ing. 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 cc•ntained 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 R~cordings. -- 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 ensu~·e their security, confidentiality, and integrity. Prior to
submission to the court unde~ Section 4, Rule 2 arid. Section 6, Rule 3 of
these Rules, the data custodian or any other person in custody of the
recording shall lirriit v iewing access of the footage to:

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

Resolution 14 AM. No. 21-06-08-SC

2. The paren.t, guardian, or counsel of_al)y minor who is a subject of

the recording;

3. The spou:se, n~xt ·o f kin, or . legally authoriied designee of a

deceased subject of the recording, or his or
her co tinsel; 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 ldentffiers 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.

SECT.ION 6. Consent to Use Recording in Court Proceeding. -- Consent

of the person arrested o~· those affected by.searches and seizures to the use of
the recordings resulting from the use of body-worn cameras or alternative
recording device:; in a court proceeding shai l only be a.sked in the presence
of counsel. If the p~rsor.. conser.ts or remai_n s silent, the recordings may be
used by and against him or h~r in a cowi proceeding. If he or she declines,
the recording!- may not be used by or against him or her. In case of minor
subjects, consent shall' be secured frcm his or her parent or guardian.
Resolution 15 A.M. No. 21-06-08-SC

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 oh 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 preceding 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 01· 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. activi!it!s;·

4. Inside -restrooms, locker rooms, or other piaces where there is a

similar expectation of privacy~ and there is no legal reason to be
pres~nt .unless the -premises are covered by the search warrant;

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Resolution 16 A.M. No. 21-06-08-SC

5. In locations where individuals have ~ reasonable expectation of

privacy such as in residences, unless the recording is being made
pursuant to a valid arrest or search warrant of the jndividuals 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 counselors, 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.

RULES

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 Rule::, .

SECTION 3. Effectivity. - These Rules shall take effect following their

publication m the Official Gazette or in two newspapers of national
circulation.

A ◄X G. GESl\tf lJNDO
Chief Justice .
\

ESTELA ~ ~ E R N A J l •
Associate Justice Associate Justice
Resolution 17 A.M. No. 21 -06-08-SC

S. CAGUIOA
Associate Justice

AM
Associate Justice

---
Associate Justice

t /
EDGARDO L. DELOS SANTOS
Associate Justice

siiiuEL~~N RICA
Associate Justice

JHOSE~OPEZ
Associate Justice