24/09/2014 4165993415 PASE 02 bi ne goat oy OF THE INTHRIOK AND LOCAL GOVERNMENT Office of the Secretary MBER 15, 2014 MEMORANDUM CIRCULAR No, 2014-11 TO 1 ALL MAYORS OF CITIES/CAPITAL TOWNS, PRESIDING OFFICERS ‘AND MEMBERS OF SANGGUNIANS OF THESE CITIES/GAPITAL TOWNS, PNP PERSONNEL, DILG REGIONAL AND FIELD OFFICERS, AND OTHERS CONCERNED SUBJECT: DIRECTING CITIES/CAPITAL TOWNS TO REQUIRE THE INSTALLATION OF CLOSED CIRCUIT TELEVISIONS (CCTV) FOR CERTAIN BUSINESS ESTABLISHMENTS IN ACCORDANCE WITH SECTION 16 (GENERAL WELFARE CLAUSE) OF REPUBLIC ACT NO. 7160 TO SUPPORT THE MAINTENANCE OF PEACE AND ORDER AND PUBLIC SAFETY ee Sect on 16 of the Local Government Code of 1991 (RA 7160), otherwise known as the Genetal Welfare Clause, provides that “very local government unit shall exercise the powers expressly granted, those necessarily implied therefrom, 2 well as powers Necessazy, ‘appropriate, or incidental for its efficient end effective governance, and those which are cenual to ebe promotion of the general welfare, Within obeir respective territorial junsdicrions, Tecel government units shall xxx maintain peace and order. and preserve the comfort and convenience of heir inhabitants’ ‘This General Welfare Clause is the delegation made by Congress to local government units (LGUs) of one of the fundamental powers of the State: police power. LGUs exercise this delegated police power through their respective local sanggunians’, 1n the exercise of Tone Arron. tne ve \illftor, et ah CR. Ne. 128609; Metropolitan Manila Development Authority»: satin, Re No 10f6this power, local sanggunians are authorized to enact ordinances +# may be necesaiy and reper fot peace, good order. comfort, and convenience, among others, of she LGUs and their habitants, and for the protection of their property’, ‘The local sanggunians may thus enact an ordinance requiring certain local businessét «to install Cloned Cireuit Televisions (CCTV) in their establishments, given the security and sence and order benefits that this particular equipment bas been shown to offe In this regard, law enforcement agencies in the country have alieady proven thar CCTVs ate effective tools in crime deterrence, prevention, detection and solution since video recordings can now be used in addition to the testimonies of witnesses. CCTVs have become inexpensive especially when weighed in relation to the advantages in safety und security that this equipment can provide to business establishments aiid the public in general. For this purpose. all cities/capital towns axe hereby encouraged to prescribe the installation of CCTVS as a requirement to the issuance of business permits or permits '@ Gperae forthe following business establishments, by enacting the corresponding, ordinance! 1 Banks, financial instirutions, pawnshops, money-lenders, money remittance services, money changers, and the like, 2 Business establishments that are part of a national chain’ or have several branches in other parts of the country, such as restaurants/fast food chains; 24° hour convenience stores, drug stores, and the like; 3. Shopping malls, shopping centers, supermarkers, movie houses, thease hospitals and medical facilities, ports/airports/public transport terminals, places of entertainment, and the ike which draw ¢ considerable number of customers/patrons Car deslerships, gasoline/fuel refilling/service stations; and Other business establishmerits which the Sanggunian deems proper considering the nature of business and potential risks in their respective orcas ‘The aforesaid ordinance shall include, bur shail mot be limited to, une following provisions + Rural Bonk of Makati vs Mucipaiy of Makatl,G.RNo, 150763, 02 Jus 2008 se eie enna which ends levi sights «limited numberof sree. Video forages and images cash on camara are sinned tna bulin or remota memory ofthe CCTY syaaem wishin « given pied ‘a varie ordinance i antached rote“The following are the minimum specifications of the CCTVs to be installed ‘isin oF 600 FV || Youre ple capare ie ooagesa 0 Lx units | | = Should have auto-irist (either fixed or vari-foca!);, | Should have Infrared LEDs enough to reacb a distance of ax least 20 merers for cian recording at OL (for areas where there is no continved sufficens Tighting ‘Must have at least 70 degrees Lens Angle, | Tr vost poot wih IF 66 Wenneproot Ging | Sn) | = Minimum of 640 x 480 video reschution: \ ao frames per second (FPS) recording per camera: Shona have Hard Disk Drivels enough co store video recording forall | emneras for a least} raonth, \ _ Must have Time Stamping Feature, ave an interface for svorage back-up. f = OTTER COMPONENTS: ee _—_________om a —ZTicant four (A cameras covering the areas of ranssction and risk. Provided ‘har at leagt one camera must be facing the street from the entrance (when | applicable), with the actual numberof eameras to depend on the site of she cenobiishment and nature of busines, as determined by the LGU concerned j Should have centralized power supply for the DVR and cameras; | | Ghowld have appropriate Uninterruptible Power Supply (UPS) to provide | i standard and reasonable back-up power to the Video Recorder and its | \ cameras } Cameras must be ‘The Video Recorder must be mounted on a secured/ concealed location to roteet the video footages from theft and/or deliberate desruction: ; A Whenever possible, a back-up file stored tn the DVD disk (on-site or \ remotely) shall ber archi | purposes: Tye crtenr talons maining ts liphing levee applicable where the ight nnarion varies continent lowing ants sav to get Ne est ese inthe given ging conditions 3o0t6, unmnm bol6Sample Ordinance ORDINANCE NO, _____. 8. 2014 AN ORDINANCE MANDATING BUSINESS ESTABLISHMENTS OPERATING ‘WITHIN THE TERRITORIAL JURISDICTION OF ____ TO INSTALL A CLOSED CIRCUIT TELEVISION (CCTV) SYSTEM AND PRESCRIBING PENALTIES FOR VIOLATIONS THEREOF. WHEREAS, Section 16 of the Local Government Code of 1991 or Republic Act No. 7160, also kagwn as the General Welfare Clause provides in part that every local government unit shall exercise powers necessary for its efficient and effective governance and those which are essential to the promotion of general welfare; WHEREAS, Sections 447 and 458 of the of said Republic Act 7160 provide in part shat the Sangguniang Bayan/Panlungsod shall enact ordinances for he general welfare of the municipality/city and its inhabitants pursuant to the abovementioned Section 16 of said Jaw, and in this regard, enact and approve ordinances relative to the: () maintenance of peace and order in the municipality/city, i) suppression of lawlessness therein, and (is) authorization of the issuance of permits or licenses upon conditions and for such purposes intended to promote the general welfare of the inbabitams of the municipality/city, regulating thereby any business which does not require government eamirerion within the municipaity/city and the conditions under which the license for said business may be issued or revoked.” WHEREAS, law enforcement agencies in the country have already proven that Closed Circuit Televisions (CCTV) are among the most effective tools in crime deterrence, prevention, detection and solution since there is a video recording which can be used in addition to the testimonies of witnesses; “WHEREAS, in order to intensify the Municipality’s/City’s drive to deter, prevent, detect, and solve criminality, and to preserve video recording es evidence, this August, Body deems it proper to require the use of CCTY systems in business establishments within WHEREAS the Department of the Interior and Local Government, through the Philippine National Police Directorate for Research and Development, and in consultation with the Department of Science and Technology. has conducted a study as to the minimum technical specifications to be required of CCTVs to be installed pursuant to this ordinance ‘Sections 447(a)¢ Vi) and (a)(3)(ii), and 458(a)(1)(i) and (2\3Xu) of Republic Aer No, 7160.NOW, THEREFORE, BE IT ORDAINED BY THE SANGGUNIANG BAYAN/PANLUNGSOD OF ___TN REGULAR SESSION ASSEMBLED: SECTION 1, TITLE OF ORDINANCE ~ This ordinance shall be known as: AN ORDINANCE MANDATING BUSINESS ESTABLISHMENTS OPERATING WITHIN THE TERRITORIAL JURISDICTION OF ——————__ TO INSTALL CLOSED CIRCUIT TELEVISION SYSTEM (CCTV) AND PRESCRIBING PENALTIES FOR VIOLATIONS THEREOF, SECTION 2, SCOPE AND APPLICATION - The following business astablichments are required to install COTVs a. Banks, financial institutions, pawnshops, money lenders, money remittance services, money changers, and the lke: tb. Business establishanents that are part of a national chain? oF have several Deanches in other parts of the country, such as restaurante/fast food chains, Dachour convenience stores, drug stores, and the hike, «Shopping malls, shopping centers, supermarkers, mov houses, theaters, Tpospltala and medical facilities, porslairports/public wash terminals, places of encertainment, and the like which draw @ considerable number of customers: patrons: 4, Car dederships, gasoline/fuel refiling/service stations: and ©. Other business establishments which the Sanggunian deems proper considering the type of business and potential risks in their respective areas. CCTV shail be maintained in proper working order at al times, shall be in continue operation, and shall meet the minimum technical specifications et by this SECTION 3. PRESERVATION OF VIDEO RECORDINGS -- The owner(s) of the tosiness establishments shall preserve the camera recording for at least sevensy-"0 q hours, or such period as the LGU deems proper SECTION 4. MINIMUM TECHNICAL SPECIFICATIONS - The CCTV system *9 be installed must meet the following minimum specifications: Minimam of 600 TVL Camera Resolution, Must be al tite video footages at 0.1 Lux Hlumination, | Should have autoviris (either fixed or vari-foval); ough t9 reach a distance of atleast 20 meters for _} ‘With branches nationwide,cleat Fe lighting = Must have at least 70 degrees Lens Angle; | _ Tre Outdoor be vandalptogt or TP 66 Weatherproof Casing ding at 0 Lux (for areas Spare is no continued sufficient | “Minam (camera input ~| Mininoure of 640 x 480 video resolution, |. 30 frames per second (FPS) recording per camera: \ 1 ‘Shoul! nave Hara Disk Drive/s enoagh to store video recording for all cameras \ i for at least 1 month, j i Must have Time Stamping Feature, | Must bave an interface for storage back a { ‘OTHER COMPONENTS:._ J rieaat four cameras covering the afeas of ransaction and Tisk; Provided | i hoe at least one camera must be facing the street from the ensran’® (when | applicable), with the actual number of cameras te depend on the size of the FF ighment and nature of business, as determined by the LGU concerned, | Ghoul have centralized power supply for che DVR and cameras «Should have appropriate Unintecrpible Power Supply (UPS) 0 provide luppawer tothe Video Recorder and is eames. _) SECTION 5. INSTALLATION GUIDE ~ The following Installation Guide is recommended 10 be followed: ee TNSTALLATIONGUIDE —eresas Ro be Ttale ata secured location with maximum ares of overS6e; | 1 Thevides Recorder must be mounted on 2 secured! consesledJocaion ‘© I protect the video footages from theft undior deliberate destruction, | |= Whenever posible, # back-up ile sored in the DVD disk (on-site or remotely) (7 MISES tnsperos Fe agen eT aniniropaihene-orr| aaa tader to deter possible crane act and co protect the cameraand the | SECTION 6. MINIMUM COVERAGE ~ All the establishments mentioned under section 2 heveof shall be required to instal) CCTVs as to afford e full coverage of the followi a From the interior of the establishment: All entrances/exits, 30f5(a) ‘The center of business activity in the establishment (including the rollers, cathiers, cash registrars, sales counters, or areas leading to the yault/safe) according to the nature of pusiness/operations of the establishnert tb. From the exterior of the establishment (when the establishment is not located inside a mall or building which has its own exterior cameras) @ All entrances/exits; (ii) From the entranceslexts, a clear view of the area to and from the sreet(s) abutting the establishment, including frontage thereof, taking into particular consideration the clarity of shots in relation to the angles thereof, ai) Parking Jots and drive-through lanes (when applicable). SECTION 7,IMPLEMENTING OFFICES ~ The Municipal/City Office of Public Order and Safety (OPOS) (or its equivalent), shall be responsible for the verification and Gerermination of the relevant establishments’ corspliance with the directives of this Ordinance The OPOS shall specify when compulsory inspection of the installed CCTVs Shall be conducted before the necessary clearance or certification therefor may be issued, which clearance or certification shall be a mandatory requirement for the issuance or renewal by the Business Permits and Licensing Office (BPLO) of a business permit or Heense, The OPOS may thereafter conduct inspections during reasonable business hours, to determine continued compliance with this Ordinance post- issuance or renewal of such establishments’ business permit ot license by the BPLO. For all these puzpotes, the OPOS shall seck the advice and assistance of the local Chief of Police or his duly authorized representative, SECTION 8. ACCESS TO RECORDINGS - If a crime has been committed, or the operator, employee, or owner of the establishment has reason to believe that a crime has been committed and has been recorded by the CCTV, the operator, employee, or owner of the establishment shall immediately contact the nearest police station, and shall provide access to the pertinent recordings to the police and other investigators. ‘The operator, employee or owner of the business establishment shal] also make available the camera recordings to the law enforcement authorities engaged in criminal investigation upon written request of the authorized er designated officer thereof with the particular time and day covered by the request therein specified ‘The captured video footage or images may be used at any tume to satisfy the written order or subpoena of any court or bady with competent jurisdiction, SECTION 9. PROHIBITION — The viewing of recorded or captured video footage or images shall be made with due respect to the privacy of individuals aefsSECTION 10. PENALTIES - No business permit or petmit to opelatt shall be secued ty ay renewed for the business establishments mentioned in Section 2 hereof unless the CCTVs as herein specified are installed and fully operations! Further, a fine amounting to Five Thousand Pesos (PRF5,000.00) shall be imposed con anv’ business establishment in operation found to be in violation of this Ordinance. Por purposes of this Ordinance, each day that & violation continues shall be @ separate violation. SECTION 11. APPEAL PROCESS ~ Any establishment found to be in violation of his Ondinance by the OPOS may appeal the findings thereof to the Office of the Mayor iithin five (9) working days from being notified of its violation by the OPOS, furnishing 2 copy of the appesl to the OPOS prior to the filing thereof with the Office of the Mayor Wnin five (5) working days ftom receipt of the copy of the appeal, the OPOS shall submit its answer to the Office of the Mayor, furnishing the business establishment @ copy of the same on even date, Should the OPOS fil to file is answer 1 the appeal svuhin the given period, it shall be deemed to have opposed the appeal on all its material points, The Office of the Mayor shall decide on the matter within five (5) working days from receipt of the answer of the OPOS or from the day the period of filing therefor has, 1epsed, giving due notice to the parties involved. The decision of the Mayor shall be final, a ne motion fot reconsideration shall be entertained thereafter, subject to such remedial measures as may be then available under the law or Rules of Court. SECTION 12. COMPLIANCE - Businesses covered by the scope of this Ordinance shall have a period of “from the effectivity of the sane within which to comply with the direchves hereof SECTION 13. SEPARABILITY CLAUSE ~ If for any reason, any section of this 1dinance shall be held unconstitutional or invalid, other sections which are not affected thereby shall continue to be 1n full force and effect, SECTION 14 Pe ere a ean . au ordinances, rules and regulations or that are vested upon the effectivity of this ee provided that the rights ¢ shall not be impaired SECTION 15. EFFECTIVITY CLAUSE - This ordi 16 (15) days after its publication in a newspaper of eeneral linance shall take effect fifteen culation, Saft