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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Following the increasing reports of civilian deaths resulting from the execution of warrants issued by trial courts, the causes and conditions surrounding such details being widely disputed, the advances in technology, particularly the availability of body-worn cameras, make it possible to integrate its use to support law enforcement and to guarantee the protection of fundamental rights.
Arrest Warrants
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 attached to and form part of the arrest warrant. If a body-worn camera is not available, the officers must use at least two alternative recording devices.
Notification to 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.
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.
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. 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:
- The date, time, and place of the recording;
- 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;
- The fact that persons subject of the recording were notified of the use of body-worn cameras or alternative recording devices;
- The date, time, place, and other circumstances surrounding the first instance of retrieval or download of the recordings from the cameras;
- 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;
- The fact of redaction of personal identifiers appearing in the recording whenever applicable, the special circumstances justifying such redaction, and the details redacted.
- Whenever applicable, a certification that both unredacted and redacted files containing the recordings are submitted to the court;
- The names and positions of the officers who will be delivering the recordings to the court;
- 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.
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.
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 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, 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.
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 their malfunction and the law enforcement officers were not aware of the malfunction prior to the incident or when allowed. 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.
Search Warrants
Applications 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.
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 Philippines 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 2022, the Anti-Money Laundering Act of 2001, the Customs Modernization and Tariff Act, and other relevant laws.
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.
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.
Notification to Persons in Placed 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.
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 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 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.
Affidavit of Search and Submission of Recordings to Court- Upon filing of the return, 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, 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:
- The date, time, and place of the recording;
- 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;
- The fact that persons subject of the recording were informed of the use of body-worn cameras or alternative recording devices;
- The date, time, place, and other circumstances surrounding the first instance of retrieval or download of the recordings from the cameras;
- 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;
- The fact of redaction of personal identifiers appearing in the recording whenever applicable, the special circumstances justifying such redaction, and the details redacted;
- Whenever applicable, a certification that both unredacted and redacted files containing the recordings are submitted to the court;
- The names and positions of the officers who will be delivering the recordings to the court; and
- 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 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 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 occurred, the result of related inquest proceedings, if any, including possibly those against the officer of 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 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.
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.
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.
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
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