Prohibits and penalizes wiretapping

Criminal liability and penalties

Section 2 imposes criminal liability on any person who wilfully or knowingly does any unlawful act under Section 1, or who aids, permits, or causes such acts to be done.
Section 2 also penalizes violations of Section 3 or any order issued thereunder, and liability extends to those who aid, permit, or cause such violations.
Section 2 requires, upon conviction, imprisonment of not less than six months and not more than six years.
Section 2 mandates the accessory penalty of perpetual absolute disqualification from public office if the offender is a public official at the time of the offense.
Section 2 provides that if the offender is an alien, the offender is subject to deportation proceedings.

Court-authorized wiretapping exceptions

Section 3 establishes that the Act does not render unlawful or punishable acts by a peace officer authorized by a written order of the Court to execute wiretapping acts otherwise declared unlawful in Sections 1 and 2, when related to the enumerated crimes.
Section 3 limits the exception to cases involving 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 by the Revised Penal Code, and violations of Commonwealth Act No. 616, punishing espionage and other offenses against national security.
Section 3 requires the written court order to issue only upon:
- a written application,
- the examination under oath or affirmation of the applicant and the witnesses he may produce, and
- a showing of the required grounds.
Section 3 requires the showing of all these grounds:
1. Reasonable grounds to believe the enumerated crime has been committed, is being committed, or is about to be committed; and for rebellion-related and sedition-related offenses, the authority is granted only with prior proof that a rebellion or acts of sedition have actually been or are being committed.
2. Reasonable grounds to believe evidence will be obtained essential to conviction of any person, or to the solution or prevention of the crimes.
3. No other means readily available for obtaining such evidence.
Section 3 mandates that the order specify:
1. the identity of the person(s) whose communications/conversations/discussions/spoken words are to be overheard, intercepted, or recorded, and for telegraphic/telephonic communications, the telegraph line or telephone number involved and its location;
2. the identity of the peace officer authorized;
3. the offense or offenses committed or sought to be prevented; and
4. the period of the authorization.
Section 3 limits the authorization: it is effective for the period specified, which shall not exceed sixty (60) days from the date of issuance, and may be extended or renewed by the court if in the public interest.
Section 3 requires post-operation safeguarding:
- recordings made under court authorization must be deposited with the court within forty-eight (48) hours after expiration of the order period,
- deposited in a sealed envelope or sealed package,
- with an affidavit of the peace officer stating the number of recordings made, the dates and times covered by each recording, the number of tapes/discs/records included, and certifying that no duplicates/copies of the whole or any part were made—or if made, that all duplicates/copies are included in the deposit.
Section 3 prohibits opening or replaying the envelope/package or using revealing contents except upon court order, which issues only upon motion with due notice and opportunity to be heard to the person(s) whose conversation/communications were recorded.
Section 3 defines the court for this purpose as the Court of First Instance within whose territorial jurisdiction the acts for which authority is applied are to be executed.

Exclusion of illegally obtained communications

Section 4 provides that any communication or spoken word, and the existence, contents, substance, purport, effect, or meaning of any such communication or any part thereof, and any information contained in it, obtained in violation of the preceding sections, are inadmissible in evidence.
Section 4 applies the inadmissibility to any judicial, quasi-judicial, legislative or administrative hearing or investigation.

Repeal of inconsistent laws

Section 5 repeals or amends any laws inconsistent with the provisions of the Act.

Effective date and approval

Section 6 provides that the Act takes effect upon approval.
The Act was approved June 19, 1965.