THE Supreme Court has issued a resolution requiring policemen to use body-worn cameras during application, issuance and execution of arrest and search warrants as well as in conducting warrantless arrest.
The resolution states that cops are required to use at least one body-worn camera and an alternative recording device while in the service of warrants.
In lieu of a body-worn camera, law enforcers must file an ex parte motion before the court asking permission to use an alternative video recording device for justifiable reasons.
For warrantless arrest, police officers may use alternative video recording equipment or tap a media representative to capture it.
The SC said subjects of warrants should be informed about the presence of a body camera or an alternative video recorder.
Failure to comply with the SC regulation on use of body worn cameras in executing arrest warrant will not be a ground to render the arrest unlawful or the evidence obtained inadmissible as testimonies of arresting officers, those arrested and other witnesses may suffice.
However failure to use the required body camera or alternative device without reasonable grounds during service of search warrant shall render the evidence obtained inadmissible.
Failure to use the device without reasonable grounds or if police intentionally interfere with the ability of the camera to record the arrest or search warrants may be held liable.
In case execution of search and arrest warrants leads to death, an incident report shall be submitted detailing what occurred, including the cause of death.
While all recordings should be transferred to an external storage device which should be surrendered to the court that issued the warrants, policemen may seek permission to keep a back-up copy of the recording but only for a maximum of 15 days.
Downloading of data from body-worn cameras or alternative recording devices should be done within 24 hours after the execution of warrants.
To ensure no tampering is done when downloading, subjects of the recordings or their counsels are allowed to witness the process.
Data recorded shall not be publicized, unless the incident involves loss of life or an assault was made.
Recordings from a third party, including the media, shall not be used before and after its use in a trial. Violating this may constitute contempt of court.
The subject of the warrant may also decline to use the recording by or against him during the court proceedings.
These rules will take effect after its publication in the Official Gazette or two newspapers of general circulation.
The SC resolution was issued upon the request for assistance of the Philippine National Police.
Meanwhile, Philippine National Police (PNP) Chief Guillermo Eleazar has ordered the creation of a technical working group (TWG) that will study and incorporate the rules crafted by the SC into the police guidelines on the use of body-worn cameras.
The Directorate for Operations and the Directorate for Investigation and Detective Management (DIDM) was tasked to come up with a recommendation on the composition of the TWG.
Eleazar also instructed the TWG to come up with modules that will be used in the training and seminar programs on all the legal aspects of the use of body worn cameras to the police units.
The rules on the use of the body-worn cameras crafted by the High Court are a big help to erase doubts and speculations in the conduct of our operations, especially in our aggressive campaign against illegal drugs, he said.
Ito ay isa na namang pagpapatunay na walang itinatago ang PNP at sa halip ay patuloy na nakikiisa sa layunin na maging tama at maayos ang pagtupad sa aming mandato na panatilihin ang kapayapaan at kaayusan sa ating bansa, he added. (SunStar Philippines)