Title
Prohibits and penalizes wiretapping
Law
Republic Act No. 4200
Decision Date
Jun 19, 1965
The Anti-Wire Tapping Law in the Philippines prohibits unauthorized wiretapping and secret recording of private communication, with exceptions for peace officers with court orders, and violators may face imprisonment and disqualification from public office.

Law Summary

Penalties for Violations

  • Willful or knowing commission of prohibited acts, or aiding, permitting, or causing them, results in:
    • Imprisonment ranging from six months to six years.
    • Perpetual absolute disqualification from public office if the offender is a public official during the commission.
    • Deportation proceedings if the offender is an alien.

Exceptions for Lawful Surveillance by Peace Officers

  • Peace officers authorized by a written court order may legally conduct wiretapping or interception for crimes involving:
    • Treason, espionage, provoking war, piracy, mutiny, rebellion, conspiracy to commit rebellion, sedition, kidnapping, and offenses against national security.
  • Conditions for issuance of authorization:
    1. Reasonable grounds to believe the crime has been committed, is being committed, or is about to be committed.
      • For rebellion and sedition-related offenses, prior proof of actual commission is required.
    2. Reasonable grounds to believe evidence essential for conviction or prevention will be obtained.
    3. No other readily available means to obtain such evidence.
  • The court order must specify:
    • Identities of persons whose communications will be intercepted.
    • The relevant telegraph or telephone lines.
    • Identity of the peace officer authorized.
    • Offenses involved.
    • Duration of authorization, not exceeding 60 days unless extended.
  • Recordings must be deposited with the court in a sealed envelope within 48 hours after the authorization period.
  • The court controls the disclosure or use of recordings, which may only be accessed with notice and hearing to the concerned parties.
  • Jurisdiction lies with the Court of First Instance in the area where the acts are to be executed.

Evidentiary Exclusion of Illegally Obtained Communications

  • Communications or information obtained in violation of the Act are inadmissible in any judicial, quasi-judicial, legislative, or administrative hearings or investigations.

Repeal and Effectivity

  • All inconsistent laws with this Act are repealed or amended accordingly.
  • The Act took effect immediately upon approval on June 19, 1965.

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