QuestionsQuestions (Republic Act No. 4200)
RA 4200 prohibits any person, not authorized by all parties to a private communication or spoken word, from tapping any wire/cable or using any device to secretly overhear, intercept, or record such communications/spoken words (e.g., via dictaphone/dictagraph/detectaphone/taperecorder/walkie-talkie), as well as unlawfully recording devices/arrangements of similar effect.
No. Liability may extend even to a person who is not a participant, as RA 4200 expressly covers “any person, be he a participant or not,” who knowingly does or causes the prohibited acts in Sec. 1.
It makes it unlawful to knowingly possess tape/wire/disc (or similar) records or copies of communications secured in the prohibited manner, to replay them for others, to communicate their contents verbally or in writing, or to furnish transcriptions (complete or partial) to other persons.
Punishment is imprisonment of not less than six months nor more than six years. If the offender is a public official at the time of commission, there is the accessory penalty of perpetual absolute disqualification from public office; if the offender is an alien, deportation proceedings may be pursued.
Only a peace officer authorized by a written order of the Court may execute wiretapping/interception/recording acts, and only in cases involving the enumerated serious crimes listed in Sec. 3.
The exceptions cover crimes of treason, espionage, provoking war and disloyalty in case of war, piracy, mutiny in the high seas, rebellion, conspiracy and proposal to commit rebellion, inciting to rebellion, sedition, conspiracy to commit sedition, inciting to sedition, kidnapping (as defined in the Revised Penal Code), and violations of Commonwealth Act No. 616 (punishing espionage and other offenses against national security).
(1) Reasonable grounds to believe a covered crime has been committed, is being committed, or is about to be committed (with special extra proof requirements for rebellion/sedition-related offenses); (2) reasonable grounds to believe that evidence essential to conviction/solution/prevention will be obtained; and (3) there are no other means readily available for obtaining such evidence.
For rebellion, conspiracy/proposal to commit rebellion, inciting to rebellion, sedition, conspiracy to commit sedition, and inciting to sedition, authority shall be granted only upon prior proof that a rebellion or acts of sedition (as applicable) have actually been or are being committed.
The order must specify: (1) identity of the person(s) whose communications are to be overheard/intercepted/recorded (and for telegraphic/telephonic communications, the line/telephone number and location); (2) identity of the peace officer authorized; (3) the offense(s) committed or sought to be prevented; and (4) the period of authorization.
The authorization is effective for the period specified in the order, which shall not exceed sixty (60) days from the date of issuance, unless extended/renewed by the court.
Within 48 hours after expiration, all recordings made under court authorization must be deposited with the court in a sealed envelope or package, accompanied by an affidavit of the peace officer stating number of recordings, dates/times covered, number of tapes/discs/records, and certifying no duplicates/copies were made, or if made, they are included in the deposit.
Not opened/replayed/used or contents revealed except upon court order. Such order shall not be granted except upon motion with due notice and opportunity to be heard to the person(s) whose conversation/communication was recorded.
“Court” refers to the Court of First Instance within whose territorial jurisdiction the acts for which authority is applied for are to be executed.
No. Any communication, spoken word, or information obtained/secured in violation of the preceding sections is not admissible in evidence in any judicial, quasi-judicial, legislative, or administrative hearing or investigation.
Sec. 5 provides that all laws inconsistent with RA 4200 are repealed or accordingly amended.
Sec. 1 contains a proviso that the use of such record or copies thereof as evidence in any civil, criminal investigation or trial of offenses mentioned in Sec. 3 shall not be covered by the prohibition—meaning court-authorized recordings for Sec. 3 offenses are not barred by the Sec. 1 evidentiary proviso, but Sec. 4 still bars evidence obtained in violation of the law.
It punishes not only the person who wilfully/knowingly does the prohibited acts, but also one who aids, permits, or causes the acts (or who violates Sec. 2/Sec. 1 provisions) as a principal by participation.