RA 4200: The Anti-Wire Tapping Law

Privacy is a constitutional right. One's privacy can't be intruded into without a lawful court order. Secretly overhearing, recording or intercepting private communications with recording equipment. The list provided for in the law isn't exclusive; so tape recorders, dictaphones and radios must give way to the technology we now use. A mere allegation that you made a secret recording of a private conversation is enough to be considered a violation of RA 4200. The substance of the conversation and its communication to a third person isn't required. Possession of the recorded material is also an offense, as well as its copying and replaying. The exception is with regard to material used as evidence in a civil or criminal investigation. It therefore doesn't apply to security systems (CCTV cameras, etc.) in an establishment or home.

The penalty for violating this law is imprisonment for 6 months to 6 years and, if the violator is a government official at the time the offense was committed, perpetual absolute disqualification from public office. In case of aliens, they'll be subjected to deportation proceedings.

For a valid court order to be granted, the crimes committed (or to be committed) by the suspects should be the following:

1.) Treason

2.) Espionage

3.) Provoking war and disloyalty in case of war

4.) Piracy

5.) Mutiny on the high seas

6.) Rebellion

7.) Conspiracy to commit rebellion

8.) Inciting to rebellion

9.) Sedition

10.) Inciting to sedition

11.) Kidnapping

12.) Violations of CA 616 (espionage and other offenses against national security)

To apply for a court order, examination of the witnesses must show the following:

1.) There are reasonable grounds to believe that the above crimes were committed, are being committed or are about to be committed. In case of rebellion, conspiracy to commit rebellion, sedition, conspiracy to commit sedition and inciting to sedition, the order will be granted only if there is prior proof that a rebellion, etc., has actually been or is being committed.

2.) There are reasonable ground to believe that the evidence obtained will secure a conviction for the suspects or provide a solution to or prevention of any such crimes.

3.) There are no other readily available means of gathering evidence.

The contents of the order are as follows:

1.) The identity of the persons in question

2.) The identity of the officers authorized to conduct surveillance

3.) The offense committed or about to be committed

4.) The period of authorization (60 days, extendable or renewable if public interest is on the line)

Within 48 hours after the end of the period the recorded matter is to be delivered in a sealed package to the court that issued the order, together with an affidavit executed by the officer who did the surveillance. The affidavit should state the number of recordings, the time each recording was made,  the number of recorded material (tapes, disks, USBs, etc.) and certify that no copies were made and if there are such copies, they're included in the package. Only the court can order an opening of the package for examination. 

Information gathered in violation of RA 4200 can't be admitted in evidence.