I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
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.
2 comments:
hi. My mother is a teacher in a public school, and they are being videotaped without their consent and they already confronted the videotaper.. Is it considered as wire tapping since it is recorded with voice? or what law covers this situations? Is this can be categorized as harassment? Thank you. This will be a great help.
Yes, any recording without the consent of either parties is illegal.
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