LAW enforcers are now expected to wear body-worn cameras (BWC) in a bid to address allegations of harassment and extrajudicial killings (EJK) in case a shootout transpires during service of search and arrest warrants that may result in deaths.
Supreme Court spokesman Brian Keith Hosaka said that with the publication of the SC Resolution on the Rules on the Use of Body-Worn Cameras in the Execution of Warrants in two national newspapers last July 31, these rules are now in effect.
The Rules were issued in order to ensure full compliance with Article III, Section 1 of the Constitution “that guarantees that no person shall de deprived of life, liberty, and property without due process and Article III Section 2 of the Constitution that mandates the right of the people against unreasonable searches and seizures.”
It also noted that increasing reports of deaths resulting from the execution of warrants issued by trial courts, including the death of nine activists and the arrest of several others in simultaneous police and military operations conducted in the provinces of Cavite, Laguna, Batangas and Rizal (Calabarzon) in June, which are being perceived as alleged EJK incidents.
The SC said the use of BWCs, or body cams, could produce video and audio recordings of the circumstances surrounding the execution of warrants.
Under the new set of rules, upon finding probable cause, a regional trial court (RTC) shall issue an arrest warrant with a specific order that will require the use of at least one BWC and an alternative recording device, or a minimum of two devices, or such number as may be necessary to capture and record relevant incidents during execution.
By alternative recording device, the SC refers to an electronic camera system which is not a BWC 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 BWCs in case of unavailability. To be used as a functional equivalent, it shall comply with the following minimum standard requirements, including a video resolution of 720 or higher; built-in audio, data and time stamping, and GPS; and capable of storing eight hours of continuous audio-video footage.
These alternative recording devices should be capable of capturing with reasonable clarity the events that transpire during the implementation of the warrant.
In the case of search warrants, the applicant should state if there are BWC available in the execution of the search warrants, and in case BWCs are not available, they would ask for authority to use alternative recording devices.
Multiple search warrant applications based on the same evidence filed in the same court shall be ground for denial.