Salient Features of the

“Rules on the Use of Body-Worn

Cameras in the Execution of Warrants”
(A.M. No. 21-06-08-SC)

Delivered By:

PLTCOL SWANERRIE SANGSHELL T COTAY

Provincial Legal Officer
ORDER OF PRESENTATION
I. Brief Statement of the Rules and its Applicability
II. Procedural Requirement in the Application for Warrant of Arres
t
III. Procedural Requirement in the Implementation of Warrant of
Arrest
IV. Procedural Requirement in the Return of Warrant of Arrest
V. Procedural Requirement in Application for Search Warrant
VI. Procedural Requirement in Implementation of Search Warrant
VII.Procedural Requirement in Return of Search Warrant
VIII.The Affected Rules in the Revised Rules on Criminal Procedur
e
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Brief Statement of the Rules and its

Applicability

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• Applies to all applications, issuances, and execution of
arrest and search warrants under the Revised Rules of
Criminal Procedures
• Applies to Warrantless arrests
• Supplements the existing Revised Rules of Criminal
Procedure
• Published on July 31, 2021; effective on August 1, 2021

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Procedural Requirement in the

Application for Warrant of Arrest

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In issuance of the warrant of arrest
• The warrant of arrest issued by the trial court shall
include the order requiring the use of:
1. At least one body-worn camera and one
alternative recording device; or
2. A minimum of two devices, or such number as may be
necessary to capture and record the relevant incidents
during its execution

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• In issuance of the warrant of arrest

Minimum Standard requirements for alternative
recording device
Video Resolution 720p or higher
Frame Rate 30 frames per second
Audio Built-in
Data and time stamping Built-in
GPS Build-in
Battery life 8 hours continuous
Storage Capable of storing 8 hours continuous
audio-video footage
Low-light recording With night mode built-in, a low lux rating,
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and/or an infrared (IR) illuminator

• Alternative Recording Device

In case of unavailability of body-worn cameras
Warrant Officers*
• File an ex parte motion before the court requesting
authority to use alternative recording devices for justifiable
reasons

Trial Court
• After finding merit in the motion, issue an order allowing
the use of alternative devices, which shall be attached to
and form part of the arrest warrant NEXT

• In case of unavailability of body-worn cameras

• IMPORTANT REMINDER: The officers must use at least
two alternative recording devices

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• In case of unavailability of body-worn cameras

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Procedural Requirement in the

Implementation of Warrant of Arrest

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Notification to Person to be Arrested and other subject

• WHOM: The officer wearing the body-worn cameras or

alternative recording devices
• TO WHOM: Person to be arrested and other subjects of
the recording
• WHAT: That the execution of the warrant of arrest is
being recorded and that they are making an arrest
pursuant to a warrant issued by the court
• WHEN: As early as practicable
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Use of Body-worn Cameras During Arrest
• Must be 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 (see Exemption)
• The cameras shall not be deactivated until arrest has been
fully concluded and the arresting officers have delivered
the person arrested to the nearest police station or jail* NEXT
During warrantless arrest
• 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
warrant

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Warrantless arrest effected under Section 21 of RA 9165, as
amended
• The media representative may be allowed to record the
operation, subject to the custody requirements under
Section 1, 2 and 3, Rule 4 of these Rules. (
See Common Provisions)

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Procedural Requirement in the Return

of Warrant of Arrest

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• All recordings shall be stored in an external media storage
device and simultaneously deposited in a sealed package
with the issuing court
• With leave of court, the officer may retain a back-up copy
for justifiable reasons for a period not exceeding 15 days
• Unredacted and redacted files shall be submitted to the
court (See Section 4 Rule 4 of these Rules)
• The return shall be accompanied by affidavits of officers
whose body-worn cameras or alternative recording devices
were used to capture the recordings NEXT

• Procedural Requirement in the Return

of Warrant of Arrest
In case of failure to execute the warrant of arrest

• What: File a report stating the reasons for failure

• Who: The officer to whom it was assigned for execution
• When: Within 30 days from such assignment
• To whom: Issuing judge

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Duty of the Judge
• Ascertain if the report filed is accompanied by the
required affidavits
• If not accompanied, issue a show cause order against
the responsible officer and to require submission
• If the officer fails to comply, hold the responsible officer
for contempt of court until submission is made

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In case of warrantless arrest
• The recordings and affidavits shall be submitted to the
prosecutor conducting the inquest proceedings and shall
form part of the records of such proceedings

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Effect of Failure to observe the Requirements for Body-Worn
Cameras
• Shall not render the arrest unlawful or render the
evidence obtained inadmissible
• The law enforcement officer may be held liable for
contempt of court. (see details)

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Procedural Requirement in the

Application for Search Warrant

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Application for Search Warrants
• An applicant for 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 unavailability, the applicant may request for

authority to use alternative recording devices
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• Application for Search Warrants

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

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• Application for Search Warrants

Search Warrants in Special Criminal Cases by Executive Judges
of RTC*
• Who shall issue:
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 RTC

• Jurisdiction:
May be served in places outside the territorial
jurisdiction but within the judicial regions of these courts NEXT
• What crimes:
• Heinous crimes
• Illegal gambling
• Illegal possession of firearms and ammunitions
• Violation of the Comprehensive Dangerous Drugs Act of 2002
• Anti-Money Laundering Act of 2001
• The Customs Modernization and Tariff Act
• Other relevant law that may later be enacted by congress and
included in these Rules by the Supreme Court

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• Applicant/s:
• NBI
• PNP
• Anti-Crime Task Force
• PDEA
• BOC

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• 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
• State the compelling reasons for filing the application
with these courts

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Issuance of the Warrants*
• The judge shall include an order requiring the use of:
1. At least one body-worn camera and one alternative
recording device; or
2. A minimum of two devices, or such number as may be
necessary to capture and record the relevant incidents
during its execution

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Procedural Requirement in the

Implementation of Search Warrant*

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Notification to Persons in Place to be Searched
• WHOM: The officer wearing the body-worn cameras or
alternative recording devices
• TO WHOM: lawful occupants of the premises to be
searched
• WHAT: That the execution of the search warrant is
being recorded and that they are conducting a search
pursuant to a warrant issued by the court
• WHEN: As early as practicable
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Use of Body-worn Cameras During Search
• Must be worn in a conspicuous location and in a manner
that maximizes their ability to capture a recording of the
search
• Both video and audio recording functions of the cameras
shall be activated as soon as the officers arrive at the
place of search
• The cameras shall not be deactivated until search has been
fully concluded and the officers conducting the search have
left the premises and returned to the police station. NEXT
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Procedural Requirement in the Return

of Search Warrant

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• All recordings shall be stored in an external media
storage device and simultaneously deposited in a sealed
package with the issuing court
• With leave of court, the officer may retain a back-up copy
for justifiable reasons for a period not exceeding 15 days
• Unredacted and redacted files shall be submitted to the
court
• The return shall be accompanied by affidavits of officers
whose body-worn cameras or alternative recording
devices were used to capture the recordings
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Duty of the Judge
• Ascertain if the report filed is accompanied by the
required affidavits
• If not accompanied, issue a show cause order against
the responsible officer and to require submission
• If the officer fails to comply, may hold the responsible
officer for contempt of court until submission is made

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Effect of Failure to observe the Requirements for Body-Worn
Cameras
• Shall render the evidence obtained inadmissible for the
prosecution of the offense for which the search warrant
was applied.
• The law enforcement officer may be held liable for
contempt of court.

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Remedies from Search Conducted in Violation of These Rules

• Motion to suppress evidence

• 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
• 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

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The Affected Rules in the

Revised Rules on Criminal Procedure

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Issuance of Search warrants in special criminal cases by the
RTC of Manila and Quezon City

• Who shall issue:

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 RTC of Manila and Quezon City*

• Jurisdiction:
May be served in places outside the territorial jurisdiction*
• What crimes:
• Heinous crimes
• Illegal gambling
• Illegal possession of firearms and ammunitions
• Violation of the Comprehensive Dangerous Drugs Act of 2002
• Anti-Money Laundering Act of 2001
• The Customs Modernization and Tariff Act
• Other relevant law that may later be enacted by congress and
included in these Rules by the Supreme Court
• Applicant/s:
• NBI
• PNP
• Anti-Crime Task Force
• PDEA
• BOC
OTHER PERTINENT PROVISIONS
• Recordings During Arrest or Search
• Consent to Use Recording in Court Proceedings
• Copies of the recordings
• Recordings not a substitute for witnesses
• Introduction of recordings as evidence
End of Presentation
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.

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• Alternative Recording Device

Minimum Standard requirements for alternative
recording device
Video Resolution 720p or higher
Frame Rate 30 frames per second
Audio Built-in
Data and time stamping Built-in
GPS Build-in
Battery life 8 hours continuous
Storage Capable of storing 8 hours continuous
audio-video footage
Low-light recording With night mode built-in, a low lux rating,
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and/or an infrared (IR) illuminator

• Alternative Recording Device

• In any case, the alternative recording device shall be
capable of capturing with reasonable clarity the events
that transpire during the implementation of the
warrants

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ISSUANCE OF
WARRANT

• Alter native Rec ording Device

Contents of the Affidavits
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;

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• Contents of the Affidavits

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 taking until their deposit with the court;
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• Contents of the Affidavits

6. The fact of redaction of personal identifiers appearing
in the recording whenever applicable, the special
circumstances justifying such redaction, and the details
redacted*;

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; NEXT

• Contents of the Affidavits

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.

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• Contents of the Affidavits

• In case 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.

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• Contents of the Affidavits

Circumstances where the use of Body Worn
Cameras or Alternative Recording Devices may
be turned off
1. Communication between the law enforcement personnel
unrelated to the conduct of search or the arrest;
2. Encounters with undercover officers or confidential
informants;
3. When law enforcement are on break or otherwise
engaged in personal or non-work-related activities;
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• Circumstances where the use of Body Worn Cameras or Alternative Recording Devices may be turned off
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 location 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;
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• Circumstances where the use of Body Worn Cameras or Alternative Recording Devices may be turned off
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 sounselors, and
medical professionals; NEXT

• Circumstances where the use of Body Worn Cameras or Alternative Recording Devices may be turned off
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.

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• Circumstances where the use of Body Worn Cameras or Alternative Recording Devices may be turned off
Situations when the law enforcement officer may be held in
contempt of court

• The law enforcement officer fails, without reasonable

grounds, to use body-worn cameras or alternative
recording devices;

• The law enforcement officer intentionally interferes with

the body-worn cameras’ ability to accurately capture
audio and video recordings of the arrest; or
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• Situations when the law enforcement officer may be held in contempt of court
• The law enforcement officer manipulates such recording
during or after the arrest.

• Failure to timely file the affidavit as required

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.

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• Situations when the law enforcement officer may be held in 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
Rule 4 Section 10 (see Exemptions)

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• Situations when the law enforcement officer may be held in contempt of court
Contents of the Affidavits in execution of Search Warrant

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;

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• Contents of the Affidavits

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 taking until their deposit with the court;
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• Contents of the Affidavits

6. The fact of redaction of personal identifiers appearing
in the recording whenever applicable, the special
circumstances justifying such redaction, and the details
redacted*;

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; NEXT

• Contents of the Affidavits

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.

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• Contents of the Affidavits

• In case 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.
• 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*
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• Contents of the Affidavits

 RULE 4
COMMON PROVISIONS

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Downloading of Data from Cameras; Preservation of Metadata
(Section 1)
• 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.

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• Downloading of Data from Cameras; Preservation of Metadata (Section 1)

• In case of recordings captured by the media
representative under Rule 2, Section 3 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 recording.

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• Downloading of Data from Cameras; Preservation of Metadata (Section 1)

• To ensure that no tampering is done during the
downloading process, subjects of the recordings or their
counsels 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.

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• Downloading of Data from Cameras; Preservation of Metadata (Section 1)

Chain of custody over the recordings (Section 2)
• The chain of custody over the recordings shall at all
times be preserved from improper access, review, and
tampering.

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• Chain of custody over the recordings.

It shall cover the following events:
1. recording of the footage using the body-worn cameras
or alternative recording devices;

2. Turn over 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
Rule 2, Section 3 of these Rules to the data custodian of
the law enforcement agency to which they belong;
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• Chain of custody over the recordings.

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;

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• Chain of custody over the recordings

5. Retrieval of recording data and their transfer to an
external media storage device by the data custodian;

6. Submission and delivery of the recordings contained in

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

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• Chain of custody over the recordings

Custody of and Access to Recordings (Section 3)
The data custodian of the law enforcement unit
employing the officers whose body-worn cameras or
alternative recording devices captured to the recordings,
or to whom data was turned over by the media
representative under Rule 2, Section 3 of these Rules,
shall retain and have custody of the recordings, and he
or she shall ensure their security, confidentiality, and
integrity.
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• Custody of and Access to Recordings

Prior to submission to the court under Rule 2, Section 4 and
Rule 3, Section 6 of these Rules, the data custodian or any
other person in custody of the recording shall limit viewing
access of the footage to:
• Any person who is a subject of the recording or his counsel;
• The parent, guardian or counsel of any minor who is a
subject of the recording
• The spouse, next of kin, or legally authorized designee of a
deceased subject of the recording, or his or her counsel
• Employees of the law enforcement agency to which the
office whose camera captured the recording belongs NEXT

• Custody of and Access to Recordings

 • 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 may on law
enforcement 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
Back enforcement officers, or when assault is made on law
enforcement officers, are considered public record. NEXT

• Custody of and Access to Recordings

Redaction of personal identifiers in special circumstances
(Section 4)
When sensitive information and images appear in
recordings, such as in cases involving minors, sexual
offenses, 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 the other incidents relevant to
the arrest or search remain in the recordings. NEXT

• Redaction of personal identifiers in special circumstances

Recordings During Arrest or Search (Section 5)

• 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
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• Recordings During Arrest or Search

Consent to Use Recording in Court Proceedings (Section 6)

• Consent of the person arrested or those affected by the

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.

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• Consent to Use Recording in Court Proceedings

• If the person consents or remain 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
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• Consent to Use Recording in Court Proceedings

• 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
the 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.
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• Consent to Use Recording in Court Proceedings

• 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

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• Consent to Use Recording in Court Proceedings

Copies of the recordings (Section 7)
• All persons mentioned in Section 3, paragraphs 1 to 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 its use in the trial.
A violation of these Section may constitute contempt of
court NEXT

• Copies of the recordings.

Recordings not a substitute for witnesses (Section 8)

• 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 substitute for

the presentation witnesses.
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• Recordings not a substitute for witnesses

Introduction of recordings as evidence (Section 9)
• The introduction of recordings as evidence is governed
by the 2019 Amendments to the Revised Rules on
Evidence and the Rules on Electronic Evidence.

• Introduction of recordings as evidence.