In light of the recent incident regarding a motorist illegally videotaping an extortion attempt by an MMDA traffic enforcer, Highway Patrol Group (HPG) Director Chief Superintendent Arnold Gunnacao still encouraged motorists to take a video of the apprehension by traffic police.
According to Gunnacao it would be used to document the process in order to correct mistakes to make sure that the police do things right and by the book.
Speaking at a forum organized by GMA News, Gunnacao also acknowledged that the video can be used by the motorist to file a complaint against the apprehending officer.
"Sa HPG ine-encourage po sila (motorists) na kapag hinuhuli sila, kukuhanan ng video o ng picture dahil 'yun po ang nagdodokumento ng tamang proseso na ginagawa ng pulis natin o ng maling proseso. Kung may mali, iko-correct natin. Kung tama, the better. Kung may defect man 'yung ginawa [at] mag-file ng complaint [ang motorista], at least nandoon pa rin 'yung ebidensya, 'di na maitago 'yun," said Gunnacao.
[“At the HPG, we encourage motorists to take videos in case they are apprehended because that will document the process done by the policeman for us to see if it is right or wrong. Mistakes will be corrected but it is better if everything is done the right way. If there was a mistake, there will be evidence the motorist can use to file a complaint.”]
Despite the invitation to videotape the apprehension, Gunnacao stressed that there is a law regarding recording video and audio without both parties’ consent (Anti-Wiretapping Law) and Entrapment, which – according to Wikipedia – ‘is practice whereby a law enforcement agent induces a person to commit a criminal offense that the person would have otherwise been unlikely to commit.’
In essence, as a motorist and a civilian you cannot be liable of ‘entrapment’ since it is a practice only a government agent or law enforcement office can commit.
On the other hand, if you capture video or audio of a person unaware that recording is ongoing, you are breaking the Anti-Wiretapping Law.