Law Summary
SECTION 1: Prohibition of Wire Tapping and Related Violations
- Legal Principle: It is unlawful for any unauthorized person to tap, overhear, intercept, or record private communications without the consent of all parties involved.
- Key Definitions:
- "Wire or cable" refers to any communication medium being intercepted.
- "Devices" include dictaphones, dictagraphs, detectaphones, walkie-talkies, and tape recorders.
- Important Requirements:
- Consent from all parties is necessary for any recording or interception.
- Possession of any illegally obtained recordings is prohibited.
- Penalties:
- Violators may face imprisonment from six months to six years.
- Public officials may face perpetual absolute disqualification from holding public office.
- Aliens may be subject to deportation proceedings.
SECTION 2: Punishment for Violations
- Legal Principle: Individuals who willfully or knowingly engage in unlawful wire tapping or assist in such acts are subject to penalties.
- Key Provisions:
- Punishment includes imprisonment and disqualification from public office for public officials.
- Aiding, permitting, or causing violations also attracts the same penalties.
SECTION 3: Authorized Interception by Peace Officers
- Legal Principle: Peace officers may intercept communications if authorized by a written court order under specific conditions.
- Key Definitions:
- "Peace officer" refers to law enforcement personnel authorized to conduct interceptions.
- "Written order" must specify detailed parameters for interception.
- Important Requirements:
- An application must demonstrate reasonable grounds for believing that serious crimes (e.g., treason, espionage, rebellion) are being committed or will be committed.
- Evidence must be essential for the conviction of persons for the listed crimes.
- No other means must be readily available to obtain such evidence.
- Relevant Timeframes:
- The court order is valid for a period not exceeding 60 days, subject to extension.
- Recordings must be deposited with the court within 48 hours of the expiration of the order.
- Penalties: Violations of the provisions may lead to legal repercussions on the officer or the parties involved.
SECTION 4: Admissibility of Evidence
- Legal Principle: Communications obtained in violation of the Act are inadmissible in any legal proceedings.
- Important Details:
- This provision ensures that any information secured unlawfully cannot be used in judicial, quasi-judicial, legislative, or administrative hearings.
SECTION 5: Repeal of Inconsistent Laws
- Legal Principle: The Act repeals or amends any laws that are inconsistent with its provisions.
SECTION 6: Effectivity Clause
- Legal Principle: The Act shall take effect immediately upon approval, which occurred on June 19, 1965.
Key Takeaways
- Republic Act No. 4200 prohibits unauthorized wire tapping and establishes penalties for violations.
- It allows law enforcement to intercept communications under strict judicial oversight for specific serious crimes.
- Any illegally obtained communications are inadmissible as evidence, reinforcing the protection of privacy rights.
- The Act establishes clear penalties and disqualification measures for public officials involved in violations.
- It repeals conflicting laws to ensure clarity and consistency in the regulation of privacy in communication.