Republic of the Philippines

Province of Laguna
CITY OF CABUYAO

EXCERPT FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIANG

PANLUNGSOD OF THE CITY OF CABUYAO, PROVINCE OF LAGUNA, HELD ON SEPTEMBER ___,
2022 AT THE SANGGUNIANG PANLUNGSOD SESSION HALL.

Present:
HON. ATTY. LEIF LAIGLON A. OPIÑA City Vice Mayor/Presiding Officer
HON. JAIME ONOFRE D. BATALLONES Member
HON. RICHARD C. HAIN Member
HON. JOSE BENSON G. AGUILLO Member
HON. MARIA WANDA C. ALIMAGNO Member
HON. JOSE G. ALCABASA JR. Member
HON. GABRIEL C. BARIRING II Member
HON. DANNA COZETTE L. RAYMUNDO Member
HON. EMERSON L. DEVOMA Member
HON. SHERWIN D. BEGUICO Member
HON. MA. FE P. HUMARANG Member
HON. MAURO D. GALANG Member
HON. MIKAELA CAMILLE B. CAUNIN Member

CITY ORDINANCE NO. ____

Series of 2022

AN ORDINANCE REQUIRING ALL BUSINESS AND COMMERCIAL COMPLEXES

AND ESTABLISHMENTS AND OTHER PLACES AND SPACES CONSIDERED AS
HIGH RISK TO INSTALL CLOSE CIRCUIT TELEVISION (CCTV) CAMERA AND
PROVIDING PENALTIES FOR VIOLATION THEREOF.
______________________________________________________________________

Sponsored by Hon. Jose Benson G. Aguillo

Seconded by All SP Members
______________________________________________________________________

WHEREAS, Sec. 16 of the Local Government Code of 1991 (R.A. 7160)

provides that local government units shall exercise its powers expressly granted, and
those that are necessarily implied therefrom, which are necessary and essential to the
promotion of the general welfare of its inhabitants;

WHEREAS, Sec. 447 of the same code provides that local government units
may “maintain peace and order by enacting measures to prevent and suppress
lawlessness, disorder, riot, violence, rebellion or sedition and impose penalties for
violations thereof”;

WHEREAS, law enforcement agencies in the country have already proven that

Closed Circuit Television (CCTV) systems 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 City’s drive to deter, prevent, detect, and
solve criminality, and to preserve video recording as evidence, this august body deems
it proper to require the use of CCTV systems in business establishments within the City;
 
WHEREAS, the Department of the Interior and Local Government (DILG),
through the Philippine National Police Directorate for Research and Development and in
consultation with the Department of Science and Technology (DOST) has
recommended the minimum technical specifications for CCTVs prescribed pursuant to
this ordinance;

WHEREAS, The City of Cabuyao, is in active pursuit of programs and measures

that endeavor to create an environment conducive to the advancement of local trade
and commerce and considers business its indispensable partner in the promotion of
progress and development.

NOW, THEREFORE, BE IT ORDAINED by the Sangguniang Panlungsod in

SESSION ASSEMBLED, that:

SECTION 1. TITLE. This ordinance shall be known as the “CCTV CAMERA

Ordinance of the City of Cabuyao, Laguna.”

SECTION 2. DECLARATION OF POLICY. It is hereby declared the policy of the

City Government of Cabuyao to protect the security and well-being of its constituents
from criminality and lawlessness by enacting sound measures for the maintenance of
peace and order within its jurisdiction.

It is also the policy of the City Government of Cabuyao to ensure that the
fundamental rights of an individual to privacy is not and will not be unreasonably
hampered nor curtailed other than what is necessary for the protection of the welfare of
the public in general.

Thus, in the enactment and implementation of this Ordinance, the City

Government of Cabuyao reiterates and affirms its adherence and full respect for every
individual’s fundamental right to privacy by regulating the installation and use of video
surveillance camera or CCTV, ensuring that Feed Locations are limited to public spaces
only and by the provision of proper safeguards against unauthorized viewing and/or
disclosure of video recordings made in accordance therewith.

SECTION 3. DEFINITION OF TERMS. For the purposes of this Ordinance, the

following terms shall mean:

1. Business Establishments – refer to banks and their satellite offices, automated

teller machines, pawnshops, credit facilities and other lending and financial
institutions, as well as gasoline stations, service shops, hotels, lodging houses,
restaurants, computer/internet shops, terminals and other high risk commercial
complexes or establishments as may be identified.
 
2. Commercial Complex – refers to a building or structure or a set of buildings or
structures usually owned by single owner, company, or corporation housing
under its roof several business entities of varied natures by various owners.
 
3. Video Surveillance System – means a digital surveillance system including
cameras, cabling, monitors, and digital video recorders (DVRs) that records in
color with cameras and lens of a type, minimum resolution, number and locations
approved by the PNP Provincial Director, Province of Laguna or his/her
designee. This system must be capable of producing retrievable and identifiable
images and video recordings on an approved media that can be enlarged
through projection or other means and can be made a permanent record for use
in a criminal investigation. It shall also include without limitation any closed-circuit
 video cameras (CCTV) or other cameras, video recorders, digital cameras [or],
digital recorders or other technological devices used in the above manner.
 
4. Feeds – refer to the visual information transmitted by the CCTV Cameras.
 
5. Feed Locations – areas that are covered or viewed by video surveillance
cameras.
 
6. High Risk Areas – refers to commercial complexes and establishments and
other places and spaces with common business areas where there is a greater
degree of susceptibility to occurrence of accidents or criminalities because of the
numerous financial, social or business interactions of places and spaces where
critical properties are situated.
 
7. Monitors – refer to the screen or other devices on which the feeds are viewed.
 
8. Recycling – refers to the process by which records or tapes of feeds or visual
information may be erased through overrun by another or new visual information.
 
9. Designated Security Personnel – police or civilian personnel authorized to
operate or use particular CCTV camera/s.

SECTION 4. SCOPE AND APPLICATION. – The following business establishments

are required to install video surveillance cameras.
 
1. Banks and other financial institutions, 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, supermarkets, grocery stores, movie houses,

theaters, hospitals and medical facilities, public transport terminals, places of
entertainment, and the like which draw a considerable number of
customers/patrons;

4. Computer and internet shops, service shops;

5. Industrial and manufacturing establishments;

6. Car dealerships, gasoline/fuel refilling/service stations;

7. Lumber and hardware stores, Rice mills;

8. Other business establishments which the Sangguniang Bayan may deem proper
considering the type of business and potential risks in their respective areas;

9. All concerned local government and national government agencies’ facilities and
buildings where the public frequently converge like markets, terminals, plazas
and parks and other high-risk areas as may be recommended by the Public
Safety Office and/or the Tabaco Philippine National Police (PNP) office;

10. All educational establishments in the City of Cabuyao, whether private or public,
irrespective of their locations;

11. Major thoroughfares, entrance and exit points and intersections in the City.
All facilities required to install video surveillance or  CCTV’s pursuant to this Ordinance
shall install and operate a high resolution video surveillance or closed circuit television
cameras which shall be maintained in proper working order at all times, at least twenty
(24) hours each day and for seven (7) days a week, and meet the minimum technical
specifications set by this ordinance and the moment it ceases to function and/or
becomes defective, it should be repaired or make at once operative, otherwise fines
may be imposed.

In cases where the establishment is leased to one or more tenants, it is the

responsibility of the LESSOR to install video camera on the common area, and the
LESSEE shall also install video camera within their leased premises.
 
The City Government of Cabuyao shall cause the installation of CCTV or video
surveillance camera along major thoroughfares, intersections, entrance and exit points
of the City, to augment the security and police work being undertaken by City of
Cabuyao Police Station and the Public Safety Office (PSO). Appropriations for this
purpose shall be given priority in the allocation of funds in the current or succeeding
annual or supplemental budgets of the City.

SECTION 5. MINIMUM TECHNICAL SPECIFICATIONS. – The CCTV system to be

installed must meet the following minimum specifications:

 (1) CAMERA:
 At least 12 Megapixels or 4k Ultra HD Resolution capable of Night vision or as
long as the footage can be clearly visualized when zoomed.
 Wide Dynamic Range (can auto adjust brightness and contrast for superb
clarity);
 At least infrared (for night recording) or other features for low-light recording.
 
 (2) VIDEO RECORDER:
 Minimum 4-POE Part NVR;
 At least with H.264 Compression (for Bandwidth and Storage Reduction);
 Minimum Viewing Resolution 1024 x 768;
 Must have Time stamping Feature;
 Storage at least 250GB HBD for every camera.
 
 (3) OTHER COMPONENTS
 Uninterruptible Power Supply (UPS);
 CCTV Box with Lock (Optional) – to restrict physical access to the NVR;
 18” LCD/LED Monitors (for 4-camera live feed) with VGA/HDMI input;
 Mouse

SECTION 6. INSTALLATION GUIDE. – The following Installation Guide is

recommended to be followed:
 
 Cameras must be installed at a secure location with maximum area of coverage;

 The Video Recorder must be mounted on a secured/concealed location to

protect the video footages from theft and/or deliberate destruction;
 
 Whenever possible, a back-up file stored in the DVD disk (on-site or remotely)
shall be recorded for archiving purposes;
 
  Whenever possible, a dummy CCTV camera shall be installed in a conspicuous
area in order to deter possible criminal acts and to protect the camera and the
video footages.

SECTION 7. MINIMUM COVERAGE. – The video camera shall be installed in the best
possible location on the establishment and connected to the television monitors from
where the activities, occurrences and people within or outside the premises, to include
but not limited to street, alleys and sidewalks can be visually monitored. All the
establishments mentioned under Section 4 hereof shall be required to install CCTVs or
video surveillance cameras to afford a full coverage of the following:
 
 From the interior of the establishment:
 
 (i) All entrances/exits; and
 
 (ii) The center of business activity in the establishment (including the tellers,
cashiers, cash registrar, sales counters, or areas leading to the vault/safe)
according to the nature of business/operation of the establishment.
 
 From the exterior of the establishment (when the establishment is not located
inside a mall or building which has its own exterior cameras:
 
 (i) All entrances and exits;
 
 (ii) From the entrances/exits, a clear view of the area to and from the street(s)
abutting the establishment, including frontage thereof, taking into particular
consideration the clarity of the shots in relation to the angles thereof;
 
 (iii) Parking lots and drive-through lanes (when applicable).
 
Establishments that have their own car park may install at least one camera to view and
capture the activities thereat. There shall be sufficient lighting in all locations covered by
the camera;

SECTION 8. IMPLEMENTING OFFICES. – The Public Safety Office (PSO) shall be

responsible for the verification and determination of the relevant establishments’
compliance with the directives of this Ordinance. Compulsory inspection of the installed
CCTVs shall be conducted by the PSO with the assistance of the Philippine National
Police (PNP), before the issuance of clearance or certification therefore, 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 license. A
special designed sticker shall be posted by the inspection team on the establishments
that have complied herewith.
 
An establishment found to be in violation hereof shall be inspected again thirty (30)
days after the first inspection to determine if it has already complied with the
requirements provided under this Ordinance. An establishment that fails to comply
during the second inspection shall be deemed to have violated this Ordinance.
 
The PSO may thereafter conduct inspections during reasonable business hours on
establishments that have already complied twice every year without prior notice to
ensure that the video surveillance system or CCTV is operational and well maintained.
The PSO shall coordinate with and seek the assistance of the local Chief of Police or
his duly authorized representative in this regard. No business permit or permit to
operate shall be issued or renewed for the business establishments mentioned in
Section 2 hereof unless the CCTVs as herein specified are installed and fully
operational.
SECTION 9. LIMITATION ON USE.  – CCTV cameras, and all feeds, shall be solely
used in the specified instances set forth in this Ordinance, and use by such persons
other than the owners and designated security personnel authorized to operate the
same in any manner or location, and for any other purpose, is expressly prohibited.
 
1. Law Enforcement and Crime Prevention – CCTV cameras and any all
feeds, shall be used for the purpose of providing surveillance in the service of
law enforcement and crime prevention within the City where there is
documented criminal activity. Likewise, whenever there is an ongoing
investigation conducted by any law enforcement agency, the business owners
must fully cooperate by voluntarily submitting their CCTV footages and to
testify before proper authorities for the necessary authentication of such
evidence.

2. Traffic Monitoring – CCTV cameras and any and all feeds shall be used for
the purpose of traffic monitoring but are not intended to include enforcement
of traffic violations. Notwithstanding the foregoing, the feeds from the CCTV
cameras used for traffic monitoring may be used for lawful purpose in the
event that such CCTV cameras while being used for their primary function,
incidentally view behavior that has caused or is likely to cause danger to
person or property.

SECTION 10. ACCESS TO RECORDINGS. – Daily video recording must be in digital

format stored and preserved for at least ninety (90) days for review and reference
purposes, after which the same may be overwritten.  If a crime has occurred at the
premises or in the vicinity of the establishment, 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, he/she shall immediately contact the nearest police station and
shall provide access to the pertinent recordings to the police and other investigators.
The entire ninety (90) days recording containing the incident shall be preserved until

1. the termination of the case or

2. full and faithful reproduction is made by law enforcement agencies duly
witnessed by an IT professional and a Barangay official, UNLESS its prolonged
preservation is ordered by the Court, by the Chief of Police in connection with an
ongoing investigation, or by the Mayor of the City of Cabuyao, Laguna.

The operator, employee or owner of the business establishment shall also make
available the camera recording to the law enforcement authorities engaged in criminal
investigation upon written request of the authorized or 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 time to satisfy the written
order of subpoena of any court or body with competent jurisdiction.
 
SECTION 11. CONFIDENTIALITY AND PRESERVATION OF FEEDS. – The
manager/owner of the business establishments shall maintain the confidentiality of the
video feeds and recordings obtained, as a result of the surveillance performed, in
accordance with this ordinance. Feeds shall be recorded or otherwise stored by the
establishment for future use for a period of not less than ninety (90) days. Toward this
end, the owner shall prohibit the use, viewing, copying, disclosure, or publication of said
video feeds and recordings, for any purpose not allowed under this Ordinance.
 
SECTION 12. PRIVACY OF INDIVIDUALS. – The viewing of recorded or captured
video footage or images shall be made with due respect to the privacy of individuals.
The installation of surveillance CCTV cameras in any restroom, toilet, shower,
bathroom, changing room, and other similar areas shall be prohibited.
 
SECTION 14. PENALTY. –
 
1. For business establishments:
 
 (1) Fine of TWENTY THOUSAND PESOS (₱ 20,000.00).
 
 (2) Non-compliance with the provisions of this ordinance shall be a ground for the
non-issuance of the Mayor’s and Business Permit to operate business within the
City of Cabuyao in the case of a new applicant, and non-renewal thereof, in the
case of existing establishments.

 (3) After a period of thirty (30) days after an inspection has been made and the
establishment is still not complying with the provisions of this Ordinance, a fine of
Five Thousand Pesos (₱ 5,000.00) shall be paid, plus a one (1) month
suspension of business permit, except if the violation pertains to non-functionality
of video cameras, in which case the suspension shall be effective until a
compliant video camera system is operational.
 
 (4) A fine of Fifty Thousand Pesos (₱ 50,000.00) plus revocation of business
permit when there is a continuous violation of the provisions of this ordinance.
 
Provided, that if any erring business establishment refuses or fails to pay the imposed
fines within one (1) week from the issuance of notice of violation, its business permit
shall be suspended until the penalty shall have been settled.
 
1. Any person who violates on the provisions set forth in this Ordinance shall be
punishable by an administrative fine amounting to Ten Thousand Pesos (₱
10,000.00) for the FIRST OFFENSE, Twenty Thousand Pesos (₱ 20, 000.00) for
the SECOND OFFENSE and Fifty Thousand Pesos (₱ 50,000.00) or six (6)
months imprisonment, or both, at the discretion of the court for the THIRD
OFFENSE.
 
2. Any person who destroys, defaces or removes, intentionally blocks the field of
view, or otherwise renders a video camera ineffective or inoperative the installed
video camera or monitoring device without the authority of the concerned
business establishment shall pay a fine of Fifty Thousand Pesos (₱ 50,000.00),
plus an imprisonment of one (1) year at the discretion of the court and shall be
required to pay for the cost of repair or replacement of such device.

SECTION 15. FUNDING REQUIREMENTS. – The City of Cabuyao shall allocate an

amount of Two Million Pesos (₱ 2,000,000.00) for the installation of CCTV Cameras on
all Provincial Government facilities and along major thoroughfares, entrance and exit
points and intersections in the City. This fund shall also be used for technical training of
ICT staff and/or other members of the CCTV Inspection Team in the installation,
handling and monitoring of CCTV systems.

Installation of CCTV cameras on all private establishments will be shouldered by the

owner or by the company.
 
SECTION 16. APPEALS PROCESS. – Any establishment found to be in violation of
this Ordinance by the PSO may appeal the findings thereof to the Office of the Mayor
within five (5) working days from being notified of its violation by the PSO and shall
furnish copy of the appeal to the PSO prior to the filing thereof with the Office of the
Provincial Governor. Within five (5) working days from receipt of the copy of the appeal,
the PSO shall submit its answer to the Office of the Mayor, furnishing the business
establishment a copy of the same on even date. Should the PSO fail to file its answer to
the appeal within 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 PSO or from the date the period of filing
therefore has lapsed, giving due notice to the parties involved. The decision of the City
Mayor shall be final, and no motion for reconsideration shall be entertained thereafter,
subject to such remedial measures as may be then available under the law or the Rules
of Court.

SECTION 17. COMPLIANCE. – Businesses and other establishments covered by the

scope of this Ordinance shall have a period of six (6) months from the effectivity of the
same within which to comply with the directives hereof.
 
SECTION 18. SEPARABILITY CLAUSE. – If for any reason, any section of this
Ordinance shall be held unconstitutional or invalid, other sections which are not affected
thereby shall continue to be in full force and effect.
 
SECTION 19. REPEALING CLAUSE. – All ordinances, rules and regulations or parts
thereof in conflict with this Ordinance are hereby repealed, provided that rights that are
vested at the time of the effectivity of this Ordinance shall not be impaired.
 
SECTION 20. EFFECTIVITY CLAUSE. – This ordinance shall take effect fifteen (15)
days after publication in a newspaper of general circulation.
 
THIS CITY ORDINANCE IS UNANIMOUSLY APPROVED ON SEPTEMBER __, 2022.

I hereby certify to the correctness

of the above-mentioned Ordinance

ATTY. VENUS C. VELASCO

City Secretary
                                   

ATTESTED BY:

HON. JOSE BENSON G. AGUILLO

City Councilor

HON. ATTY. LEIF LAIGLON A. OPIÑA

City Vice Mayor/Presiding Officer

APPROVED BY:

HON. DENNIS FELIPE C. HAIN

City Mayor

Date Signed: ________________