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:
- 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.
- Reasonable grounds to believe evidence essential for conviction or prevention will be obtained.
- No other readily available means to obtain such evidence.
- Reasonable grounds to believe the crime has been committed, is being committed, or is about to be committed.
- 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- All inconsistent laws with this Act are repealed or amended accordingly.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.