1. Mandatory Use of Body-Worn Cameras (BWCs)
Law enforcers must wear and activate BWCs or alternative recording devices (ARDs) during the execution of search or arrest warrants, unless physically impossible. The cameras must record the entire operation, from briefing to the turnover of the arrested person or seized items.
A “body-worn camera” is defined as a device attached to an officer’s clothing or body, capable of recording video and audio; an “alternative recording device” (ARD) includes dashboard cameras, handheld devices, or stationary cameras if BWCs are unavailable.
The officer must activate the camera before entering the premises and continue recording without interruption until completion of the operation.
2. Judicial Supervision and Affidavit Requirements
When applying for a search or arrest warrant, law enforcement officers must:
Certify under oath that BWCs and/or ARDs will be used.
Specify how many cameras will be utilized and by whom.
If unavailable, state the reason and request court approval to use ARDs or proceed without them under exceptional circumstances.
The issuing judge must ensure compliance and may deny the application if the officer fails to show preparedness to use BWCs or valid justification for their absence.
3. Presentation of Recordings to the Court
After implementation:
The officer executing the warrant must submit a copy of the video recording, together with the inventory, photographs, and return of the warrant to the issuing court.
The recording must be sealed, labeled, and signed by the officer, witnesses, and data custodian.
The court retains custody of the original recording, while a copy may be kept by the data custodian under strict chain-of-custody procedures.
Failure to submit or preserve the video may be treated as non-compliance with the warrant’s terms, affecting admissibility and credibility.
4. Access and Confidentiality
Access to BWC recordings is strictly limited to:
The court issuing or trying the case;
The accused (through counsel) upon motion and court approval;
The prosecutor for case evaluation and prosecution;
Oversight authorities such as the DOJ or CHR when authorized by the court.
Unauthorized copying, alteration, or public release of recordings without court approval is contemptuous and criminally punishable under existing laws and the Data Privacy Act.
5. Chain of Custody and Data Custodianship
Every law enforcement unit must designate a data custodian responsible for:
Receiving, cataloging, and securely storing BWC recordings;
Maintaining a logbook of access and chain-of-custody;
Ensuring recordings are not altered or deleted until ordered by the court;
Submitting certifications on the integrity of the data when presented as evidence.
This requirement mirrors the chain-of-custody rule for drug evidence (Sec. 21, RA 9165) and must be equally observed to ensure admissibility.
6. Consequences of Non-Compliance
If officers fail to:
Use a BWC/ARD without valid justification,
Activate the device continuously,
Submit or preserve the recordings properly,
the warrant implementation may be declared invalid, and evidence obtained may be excluded under the exclusionary rule (Art. III, Sec. 3[2], Constitution). The erring officers may also face administrative and criminal sanctions, and their credibility may be impeached in court.
For arrest warrants, failure to record can invalidate the arrest and taint any subsequent confession or evidence as fruits of an illegal arrest.
7. OCA Circular No. 110-2021 and Related Guidance
The Office of the Court Administrator directed all judges to:
Strictly enforce the use of BWCs and verify compliance before issuing warrants.
Include in the warrant the serial numbers of the BWCs/ARDs to be used.
Require submission of BWC recordings with the return of the warrant.
Maintain a BWC logbook in every trial court for tracking submissions and storage.
Coordinate with the PNP, NBI, and other law enforcement agencies for logistical compliance.
Judges are reminded that failure to ensure compliance may render the execution of the warrant judicially defective, exposing the proceedings to challenge.
8. Data Privacy and NPC Circular Integration
Under NPC Circular No. 2025-01, law enforcement agencies must:
Classify BWC recordings as sensitive personal data.
Implement restricted access protocols, encryption, and audit trails.
Ensure data retention for a minimum period (usually 1 year unless needed longer for investigation or trial).
Delete or anonymize data after final disposition of the case.
Violation of data protection protocols can lead to civil, criminal, and administrative liability under the Data Privacy Act of 2012.
9. Strategic Litigation Uses for Trial Lawyers
For criminal defense:
Demand production and inspection of BWC recordings under Rule 119, Sec. 10 (discovery) or through motion to suppress evidence under Rule 126 if the warrant execution was unrecorded or improperly recorded.
Challenge admissibility and credibility of seized items when no BWC recording exists or when the chain-of-custody was broken.
Use the absence of recording as proof of bad faith or lack of probable cause, supporting motions to quash warrants or dismiss charges.
For prosecution or private complainants:
Authenticate and present BWC footage as electronic evidence under the Rules on Electronic Evidence (A.M. No. 01-7-01-SC) through certification by the data custodian and verification by the court.
10. Bottom Line for Trial Lawyers
A.M. No. 21-06-08-SC is no mere administrative guideline—it is a procedural safeguard with evidentiary consequences. Every criminal lawyer should treat BWC footage as potential primary evidence for or against the validity of police operations. Knowing the rule’s technicalities on activation, custody, and submission can spell the difference between conviction and acquittal.
Verified Sources:
Supreme Court of the Philippines, A.M. No. 21-06-08-SC, “Rules on the Use of Body-Worn Cameras in the Execution of Warrants,” effective August 1, 2021:
https://sc.judiciary.gov.ph/wp-content/uploads/2022/11/21-06-08-SC2.pdf
Office of the Court Administrator, OCA Circular No. 110-2021, “Implementation of the Rules on the Use of Body-Worn Cameras.”
https://oca.judiciary.gov.ph/oca-circular-no-110-2021
National Privacy Commission, NPC Circular No. 2025-01, “Guidelines on the Use of Body-Worn Cameras by Law Enforcement Agencies.”
https://privacy.gov.ph/wp-content/uploads/2025/05/SGD-NPC-Circular-No.-2025-01-Body-Worn-Cameras.pdf
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Assisted by ChatGPT, November 13, 2025.
