Title
Republic Act No. 4200
Date
Jun 19, 1965
Law
AN ACT TO PROHIBIT AND PENALIZE WIRE TAPPING AND OTHER RELATED VIOLATIONS OF THE PRIVACY OF COMMUNICATION, AND FOR OTHER PURPOSES.
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.
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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.

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