Question & AnswerQ&A (Republic Act No. 4200)
Republic Act No. 4200 aims to prohibit and penalize wiretapping and other related violations of the privacy of communication.
No, it is unlawful for any person to tap any wire or cable or overhear, intercept, or record any private communication without the authorization of all parties involved.
The law mentions devices such as dictaphone, dictagraph, detectaphone, walkie-talkie, and taperecorder as commonly used devices for wiretapping.
The convicted person is punishable by imprisonment of not less than six months and not more than six years, perpetual absolute disqualification from public office if the offender is a public official, and deportation proceedings if the offender is an alien.
Use of such records as evidence is generally prohibited except when they are used as evidence in civil or criminal investigations or trials of offenses mentioned in section 3 of the Act.
A peace officer authorized by a written court order may legally conduct wiretapping under certain conditions and for specific serious crimes enumerated in the law.
Recordings must be deposited with the court in a sealed envelope along with an affidavit detailing the recordings, within forty-eight hours after the period expires.
No, any communication or records obtained in violation of the law shall not be admissible in any judicial, quasi-judicial, legislative, or administrative hearing or investigation.
The Court of First Instance within the territorial jurisdiction where the acts are to be executed is responsible for issuing the wiretapping order.
Yes, the law applies to all persons and imposes additional penalties, such as perpetual disqualification from public office, if the offender is a public official at the time of the offense.
An alien who violates RA 4200 is subject to deportation proceedings in addition to criminal penalties.
All laws inconsistent with the provisions of RA 4200 are repealed or amended accordingly.