THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILJPPINES 
1 
First Regular Session 
1 
A% 
10 P4:32 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 111, Section 3 provides that (1) The privacy of communication 
and correspondence shall be inviolable except upon lawful order of the Court or when public 
safety or order requires otherwise as prescribed by law, and (2) Any evidence obtained in 
violation of this or the preceding section shall be inadmissible for any purpose in any proceeding. 
The present law which protects the privacy of communication is R.A. 4200, also known 
as the Anti-Wire Tapping Act. The strides taken by telecommunications has rendered the law 
obsolete. Modern telecommunication devices have made the right to privacy of communication 
and c orrespondence easier t o  violate without incurring any 1 iability under the 1 aw. Also, the 
penalty provided in R.A. 4200 for a violation of its provisions seems to he inadequate in 
deterring the-commissio&f 
such offenses. Several employees of a major telecommunications 
company revealed that police and military authorities nse the company's facilities for 
unauthorized wiretapping. The executive branch of the government has even manifested 
intentions of moving to legalize intercepting electronic or oral communication through 
telecommunication devices as a means of law enforcement which may be applied to offenses 
which are totally unrelated to public safety or order, much less to the security of the state. 
Reports in the media also indicate that wiretapping is being used for political purposes. 
This bill seeks to safeguard this constitutional right by providing for a parallel rocedure 
laid down by the Constitution and the Rules of Court in protecting the right of the pe ple to he 
secure in their persons, houses, papers and effects against unreasonable searches and se zures. In 
cases where the Constitution allows infingement of this right, that is when public safety or 
public order requires, the present bill requires the State to undergo a more stringent rocedure, 
considering that the right to privacy of communications is vulnerable to abus i 
and its 
vulnerabil%y has been aggravated by the recent devetopm 
-.. . 


1 
/
.
 . 
THIRTEENTH CONGRESS OF THE REPUBLIC) 
First Regular Session 
OF THE PHILIPPEVES 
1 
S E N A T E  
S.B.No. 
36 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
PROHIBITING WIRE, ELECTRONIC AND ORAL COMMUNICATIONS INTERCEPTION 
AND PROVIDING PENALTES THEREFOR 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1 . S hovt Title. - This Act m ay b e cited as the “Wire, Electronic and 0 ral 
Communications Interception Act.” 
SECTION 2. Declaration of Policy. - It is the policy of the State to ensure the 
inviolability of a person’s right to privacy of communication and correspondence. 
- 
.- . 
- -  
SECTION 3. Definition of Terms. - For purposes of this Act, the tern: 
(1) “Wire communication” means any aural transfer made in whole or in part through the 
use of facilities for the transmission of communications by the aid of wire, cable or other like 
connection between the point of origin and the point of reception (including the use of such 
connection in a switching station) fnmished or separated by any person engaged in pro iding or 
operating such facilities for the transmission of local or international communications nd such 
.
.
 . 
term includes any electronic storage of such communication. 
1 
(2) “Oral communication” means any oral communication uttered by a person exhibiting 
an expectation that such communication is not subject to interception under circumstances 
justifymg such expectation, but such term does not include any electronic communication. 
(3) “State” means the Government of the Republic of the Philippines or any political 
subdivision thereof. 


(5) “Electronic, mechanical or other device” means any device or apparatus wh~.ch 
uses to intercept a wire, oral, or electr~nic communication other than - 
can be 
.
.
 . 


(1 1) “Electronic communication” means any transfer of signs, signals, writing, images, 
sounds, data, intelligence of any nature transmitted in whole or in part by a wire, radio, electronic, 
magnetic, photoelectronic or photooptical system but does not include - 
- 
.- . 
--. 
(A) any wire or oral communication; 
(B) any communication made through a tone-only paging device; or 
(C) any communication from a tracking device; 
(12) “User” means any person or entity who - 
(A) uses an electronic communication service; and 
(E?) is duly authorizes by the provider of such service to engage in such use; 
(13) “Electronic communications system” means any wire, radio, electromagnetic, 
photooptical or photoelectronic facilities for the transmission of electronic communications and 
any computer facilities or related electronic equipment for the electronic storage of such 
communications; 
(14) “Electronic communication service” means any service which provides to users 
thereof the ability to send or receive wire or electronic communications; 
(15) “Readily accessible to the general public” means, with respect to a radio 
communication, that such communication is not - 
(A) scrambled or encrypted; 
(B) transmitted using modulation techniques whose essential parameters have 
been withheld &om the public with the intention of preserving the privacy of 
<- 
- 
- 
- such communication; 
(C) carried on a subcanier or other signal subsidiary to a radio transmission; 
@)transmitted over a communication system provided by a common carrier, 
unless the communication is a tone only paging system communication; 
(E) transmitted on frequencies allocated in accordance with rules promul ated by 
the National Telecommunications Commission, unless, in the ca e of a 
communication transmitted on a frequency otherwise allocated tha is .not. 
exclusively allocate to broadcast auxiliary services, the communication i s a 
two-way voice communication by radio; or 
I 


(F) an electronic communication. 
(16) “Electronic storage” means - 
(A) any temporary, intermediate storage of a wire or electronic communication 
incidental 
- 
to the electronic transmission thereof; and 
(B) any storage of such communication by an electronic communication service 
for purposes of backup protection of such communication. 
-- - 
I 
- 
(17) “Aural transfer” means a transfer containing the human voice at any point between 
and including the point of origin and the point of reception. 
(18) “Offense against national security” means such offenses that endanger th 
of the State or of human lives, liberty and property committed through the activities 
.
.
 . 
insurrectionists and rebels. 
communication, knowing or having reason to know that the information was obtained through 


the interception of a wire, oral or electronic communication in violation of the provisions of this 
Act, shall be liable for the penalties provided in Section 15 of this Act. 
control checks. 
(A) Notwithstanding any other law, providers of wire or 
communication service their officers, employees and agents, 
electronic 
landlords, 
.
.
 . 
(2) It shall not be 
- unlawfid under this Act for an o€ficer, employee, or agent of the 
.- . 
- -  
Commission, in the normal course of his employment and in discharge of the monitoring 
responsibilities exercised by the Commission in the enforcement of pertinent laws, to intercept a 


fire readily accessible to the general public; 
@)by a station operating on an authorized frequency within the .
.
 
bands 


protect such provider, another provider furnishing service toward the completion of the wire or 
electronic communication, or a user of that service from fraudulent, unlawful or abusive use of 
such service. 
(6) Except as provided in subsection (2) of this Section, a person or entity providing an 
electronic c ommnnication service to the public shall not intentionally divulge c ontents of any 
communication (other than one to such person or entity, or an agent thereof) while in 
transmission of that service to any person or entity other than an addressee - intended recipient - 
such communication or an agent of such addressee or intended recipient 
(7) A person or entity providing electronic communication service to the public shall 
divulge the contents of any such communication - 
(A) with the lawful consent of the originator and addressee or intended recipient 
of such communication. 
- 
.- 
_. 
(B) to a person employed or authorized or whose facilities are used, to forward 
such communication to its destination; or 
(C) which were inadvertently obtained by the service provider and which appear 
to pertain to the commission of a crime, if such divulgence is made to a law 
enforcement agency. 
1 
SECTION 6. Conjkation of Wire, Oral or Electronic Conzmunication ztercepting 
Devices. - Any electronic, mechanical or other device used, sent, carried, manufactured, 
assembled, possessed, sold, or advertised in violation of the provisions of this Act shall be seized 
and forfeited to the State. All provisions of law relating to (1) the seizure, summary, and judicial 
forfeiture and condemnation of articles used or produced for violations of any penal law; (2) the 
disposition of such articles; (3) the remission or mitigation of such forfeiture; (4) the compromise 
of claims; and (5) the award of compensation to informers in respect of such forfeitures shall 
apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions 
of this Act, shall be performed with respect to seizure and forfeiture of electronic, mechanical, or 
other intercepting devices under this section by such officers, agents, or other persons as may be 
authorized or designated for that purpose by the proper judicial authorities. 


SECTION 7. 
Prohibition of Use as Evidence of 
Communications. - Whenever any wire or oral communication 
the contents of such communication and no evidence derived 
.
,
 . 
evidence in any trial, hearing or other proceeding in or before any court, department officer, 
agency, regulatory body, legislative committee, or other authority of the State, or any political 
subdivision thereof if the disclosure’of that information would he in violation of this Act. 
conmission of offenses against national security including any conspiracy to commit 
(2) The Chief State Prosecutor, or the Chief Prosecutor of any political 
apply to a judge of a court of competent jurisdiction for, and such judge may grant in 
the same. 
subd~vision may 
conformity 


P 
. 
~. . 
commit sedition, inciting to sedition, kidnapping as defined by the Revised Penal Code, and 
commission of offenses against national security including any conspiracy to commit the same. 
SECTION 9. Authorization for Disclosure and Use of Intercepted Wir , Oral, or 
.
.
 . i 
Electronic Communications. - 
(1) Any investigative or law enforcement officer who, by means authorized y this Act 
has obtained knowledge of the contents of any wire, oral or electronic communication, or 
evidence derived therefrom, may disclose such contents to another investigative or law 
enforcement officer to the extent that such disclosure is appropriate to the proper performance of 
the official duties of the officer making or receiving the disclosure. 
(2) Any investigative or law enforcement officer who, by means authorized by this Act, 
has obtained knowledge of the contents of any wire, oral, or electronic communication or 
evidence derived therefrom may use such contents to the extent he sees appropriate to the proper 
performance of his official duties. 
(3) Any person who has received, by means authorized by this Act, any information 
concerning a wire, oral, or electronic communication, or evidence derived therefrom intercepted 
in accordance with the provisions of this Act may disclose the contents of that communication or 
such derivahe evideme while giving testimony under oath or affirmation in any proceeding 
held under the authority of the State or political subdivision thereof. 
(4) No otherwise privileged wire, oral, or electronic communication intercepted in 
accordance with, or in violation of, the provisions of this Act shall lose its privileged character. 
(5) When an investigative or law enforcement officer, while engaged in intercepting wire, 
oral, or electronic communications relating to offenses other than those specified in e order of 
authorization or approval, the contents thereof, and evidence derived therefrom may e disclosed 
.
.
 
or used as provided in subsection (1) and (2) of this Section. Such contents and evide 1. 
ce derived 
therefrom may be used under subsection (3) of this Section when authorized or approved by a 
judge of a court of competent jurisdiction where such judge finds on subsequent application that 
the contents were otherwise intercepted in accordance with the provisions of this Act. Such 
application shall be made as soon as practicable. 


same type will occur thereafter. 
(E) A full and complete statement of the facts concerning all previous 
.
.
 . 


interceptions of wire, oral, or electronic communications involving any of the 
same persons, facilities or places specified in the application, and the action 
taken by the judge on each such application; and 
(F) Where the application is for the extension of an order, a statement setting 
forth the results thus far obtained from the interception, or a reasonable 
explanation of the failure to obtain such results. 
- -  
(2) The judge may require the applicant to furnish additional testimony or documentary 
evidence in support of the application 
(3) Upon such application the judge may enter an ex parte order, as requ sted or as 
modified authorizing or approving interception of wire, oral, or electronic com unications 
within the territorial jurisdiction of the court in which the judge is sitting: The judg may issue 
such order to cover cases outside of his territorial jurisdiction only in the case of a mobile 
interception device. The order shall be issued if the judge determines, in the basis of the facts 
submitted by the applicant, that - 
(A) there is probable cause for belief that an individual is committing, has 
committed, or is about to commit a particular offense enumerated in Section 
8 of this Act. 
.
.
 . 
1 
@) there is probable cause for belief that particular communications concerning 
such offense will be obtained through such interception; 
(C) normal investigative procedures have been tried and have failed or 
reasonably appear to be unlikely to succeed if tried or to be too dangerous; 
(D) except as provided in subsection 11 of this Section, there is probable cause 
for belief that the facilities from which, or the place where, the wire, oral, or 
electronic communications are to be intercepted are being used, or about to 
be used, in connection with the commission of such offense, or are leased to, 
listed in the name of, or commonly used by such person. 
- 
.- - 
- -  
(4) Each order authorizing or approving the interception of any wire, oral, or electronic 
communication under this Act shall specify - 
I 


(A) the identification of the persods, if known, whose communications are to be 
intercepted; 
(B) the nature and location of the communication facilities as to which, or the 
place where, authority to intercept is granted; 
(C) a particular description of the type of communication sought to be 
intercepted and a statement of the particular offense to which it relates; 
- 
(D) the identity of the agency authorized to intercept the communications, and 
of the person authorizing the application; and 
(E) the period of time during which such interception is authorized, including a 
statement as to whether or not the interception shall automatically terminate 
when the described communication has been first obtained. An order 
authorizing the interception of a wire, oral, or electronic com unication 
under this Act shall upon request of the applicant, direct that a rovider of 
wire or electronic communication service, landlord, custodi 
or other 
person shall furnish the applicant forthwith all information, facilities and 
technical assistance necessary to accomplish the interception unobtrusively 
and with a minimum o f i nterference with the s ervices that such provider, 
landlord, custodian, or person is according the person whose 
communications are to be intercepted. Any provider of wire or electronic 
communication service, landlord, custodian, or other person h i s h i n g  such 
facilities or technical assistance shall be compensated therefor by the 
applicant for reasonable expenses incurred in providing such facilities or 
assistance. 
.
.
 . 1 
(5) No order entered under this section may authorize or approve the interception of any 
wire, oral, or electronic communication for any period longer than is necessary to achieve the 
objective of the authorization, nor in any event longer than thirty days. Such thirty-day period 
begins on the earlier of the day on which the investigative or law enforcement officer first begins 
to conduct an interception under the order or ten days after the order is entered. Extensions of an 
order may be granted, but only upon application for an extension made in accordance with 
~ 
- 
.- . 
-- 


shall require reports to be made to the judge who issued the order showing what 
been made toward achievement of the authorized objective and the need for 
progress has 
continued 
.
.
 . 


I 
interception is made in accordance with this section within forty-eight hours 
after the interception has occurred, or begins to occur. In the absence of an 
order, such interception shall immediately terminate when the communication 
sought is obtained or when the application for the order is denied, whichever 
is earlier. In the event such application for approval is denied, or in other case 
where the interception is terminated without an order having been issued, the 
contents of any wire, oral, or electronic communication intercepted shall be 
treated as having been obtained in violation of this Act, and all recording 
and/or records acquired shall be deposited with the court where the 
application was made. 
(8) (A) The contents of any wire, oral, or electronic communication intercepted by 
means authorized by this Act shall, if possible, be recorded on tape or wire or other comparable 
device. Therecording of the contents of any wire, oral, or electronic communication under this 
subsection shall be done in such a way as will protect the recording from editing or other 
alterations. Immediately upon the expiration of the period of the order, or extensions thereof, 
such r ecordings shall b e  made available to the j udge issuing such order and sealed under his 
directions. Custody o f the recordings shall be wherever the judge orders. They s all not he 
destroyed except upon an order of the issuing or denying judge and in any event shall e kept for 
ten years. Duplicate recordings may be made for use or disclosure pursuant to the pr visions of 
subsections (1) and (2) of Section 9 of this Act for investigations. The presence of the seal 
provided for by this subsection, or a satisfactory explanation for the absence thereof, shall be a 
prerequisite for @e use or disclosure of the contents of any wire, oral, or electronic 
communication or evidence derived therefrom under subsection (3) of Section 9. 
- .- 
1 
(B) Applications made and orders granted under this Act shall be sealed by the judge. 
Custody of the applications and orders shall be wherever the judge directs. Such applications 
and order shall be disclosed only upon a showing of good cause before a judge of competent 
jurisdiction and shall not he destroyed except on order of the issuing or denying judge, and in 
any event shall be kept for ten (10) years. 


(C) Any violation of the provisions of this subsection may be punished as conte pt of the 
In 
I. 
issuing or denying judge. 
(D)Within a reasonable time but not later than ninety days after the filng of an 
application for an order of approval under the provisions of this Act which is denied or the 
period granted or extensions thereof under an order has terminated, the issuing or denying judge 
shall cause to be served, on the persons named in the order of the application and such other 
parties to intercepted communications as the judge may determine in his discretion that is in the 
interest of justice, an inventory which shall include notice of - 
(i) the fact of the entry of the order or the application; 
(ii) the date of the entry and the period of authorized, approved or disapproved 
interception, or the denial of the application; and 
(iii)the fact that during the period wire, oral, or electronic communications were 
or were not intercepted. The judge, upon the filing of a motion, may in his 
discretion make available to such person or his counsel for inspection such 
portions of the intercepted communications, application and orders as the 
judge determines to be in the interest of justice. On an ex parte showing of 
good c ause to a j udge o f c ourt o f c ompetent j urisdiction the s erving of the 
inventory required by this subsection may be postponed. 
- 
.- - 
-. 
(9) The contents of any wire, oral, or electronic communication intercepted pursuant to 
this Act or evidence derived therefrom shall not be received in evidence or othenvis disclosed 
in any trial, hearing or other proceeding before any court unless each party, not less th 
ten days 
before the trial, hearing, or proceeding, has been furnished with a copy of the court Order, and 
accompanying application, under which the interception was authorized or approved. This ten- 
day period may be waived by the judge if he finds that it was not possible to fbmish the part with 
the above information ten days before the trial, hearing, or proceeding and that the part will not 
be prejudiced by the delay in receiving such information. 
i 
(10) (A) Any aggrieved person in any trial, hearing or proceeding in or before any court, 
deparhnent, officer, agency, regulatory body, or other authority of the State, or a political 


subdivision thereof, any move to suppress the contents of any wire or oral communication 
intercepted pursuant to this Act, or evidence derived therefrom, on the grounds that - 
(i) the communication was unlawfully intercepted; 
(ii) the order of authorization or approval under which it was inte cepted is 
1. 
insufficient on its face; or 
(iii)the interception was not made in conformity with the order of autho 'zation or 
approval. Such motion shall be made before the trial, hearing, or proceeding 
unless there was no opportunity to make such motion or the person was not 
aware of the grounds of the motion. If the motion is granted, the contents of 
the intercepted wire or oral communication or evidence derived therefrom, 
shall be treated as having been obtained in violation of this Act. The judge, 
upon the filing of such motion by the aggrieved person, may in his discretion 
make available to the aggrieved person or his counsel for inspection such 
portions of the intercepted communication or evidence derived therefrom as 
the judge determines to be in the interests ofjustice. 
' 
(B) The State shall have the right to appeal from an order granting a motion to suppress 
made under paragraph (A) of this subsection, or the denial of an application for an order of 
approval, if the prosecudon 
~- shall certify to the judge or other official granting such motion or 
denying such application that the appeal is not taken for purposes of delay. Such appeal shall be 
taken within fifteen days after the date the order was entered and shall be diligently prosecuted. 
The State may also avail of the special civil action provided under Rule 65 of the Rules of Court 
whenever applicable. 
-..- 
(C) The remedies and sanctions prescribed in this Act with respect to the inte ception of 
electronic communications are the only judicial remedies and sanctions for violati ns of any 
provision of this Act involving such communications. 
.
.
 . 
I 
(11) The requirements of subsections (l)(B)(ii) and (3)(D) of this section relating to the 
specification of the facilities from which, or the place where, the communication is to be 
intercepted do not apply if - 


(A) in the case of an application with respect to the interception of an oral 
communication 
- 
.- . 
- ~ .  
(i) the application is by an investigative or law enforcement officer and is 
approved by the proper authorities prescribed by this Act 
(ii) the application contains a full and complete statement as to why such 
specification is not practical and identifies the person committing the 
offense and whose communications are to be intercepted; an 
.
.
 . ! 
(iii)the judge finds that such specification is not practical. 
(B) in the case of an application with respect to a wire or electronic 
communication service - 
(i) the application is by a State investigative or law enforcement officer 
and is approved by the proper authorities prescribed in this Act. 
(ii) the application identifies the person believed to be committing the 
offense and whose communications are to be intercepted and the 
applicant makes a showing of a purpose, on the part of that person, to 
thwart interception by changing facilities; and 
(iii)the judge finds that such purpose has been adequately shown. 
(12) An interception of a communication under an order with respect to which the 
requirements of subsections (l)(B)(ii) and (3)(D) of this section do not apply by reason of 
subsection (11) shall not begin until the facilities from which, or the place where, the 
communicatign is to bAtercepted is ascertained by the person implementing the interception 
order. A provider of wire or electronic communications service that has received an order as 
provided for in subsection (11)(B) may move the court to modify or squash the order on the 
ground that its assistance with respect to the interception c annot b e p erfonned i n  a timely or 
reasonably fashion. 
The court, upon notice to the government, may decide a motion 
expeditiously. 
SECTION 
11. Reports 
Concerning Intercepted 
Wire. 
Oral 
or 
Communication- 
.
.
 . 
Electronic 


(1) Within thirty (30) days after the expiration of an order (or each extension thereof) 
entered under Section 10, or the denial of an order approving an interception, he issuing or 
denying judge shall report to the Court Administrator of the Supreme Court- 
(A) the fact that an order or extension was applied for; 
(B) the kind of order or extension applied for (including whether or not the order 
was an order with respect to which the requirements of subsection 
(l)(B)(ii)and (3)(D) of this section did not apply by reason of section lO(K) of 
this Act); 
- 
.- - 
. 
1- 
(C) the fact that the order or extension was granted as applied for, wa modified 
1 
or was denied; 
(D) the period of interceptions authorized by the order, and the n mber and 
duration of any extensions of the order; 
(E) the offense specified in the order or application, or extension of an order. 
(F) the identity of the applying investigative or law enforcement officer and 
agency making the application and the person authorizing the application; and 
(G) the nature o f t he facilities from which o r the p lace where communications 
were to be intercepted, 
(2) In January of each year the Secretary of Justice shall report to the Court Administrator 
of the Supreme Court- 
(A) the information required by paragraphs (A) through (G) of the preceding 
paragraph (1) with respect to each application for an order or extension made 
during the preceding calendar year; 
(B) a general description of the interceptions made under such order or extension 
including '(I) the approximate nature and frequency of other communications 
intercepted, and (iv) the approximate nature, amount, and cost of the 
manpower and other resources used in the interceptions; 
-r- 
- -  
(C) the number of arrests resulting from interceptions made under such order or 
extensions of an order, and the offenses for which arrests were made; 
(D) the number of trials resulting from such interceptions; 
I '  
' 


(E) the number of motion to suppress made with respect to such interceptions, and 
the number granted or denied; 
(F) the number of convictions resulting from such interceptions and the offenses 
and the offenses for which the convictions were obtained and a general 
assessment of the importance of the interceptions; and 
(G) the information required by paragraphs (B) through (F) of this subsection with 
respegto orders or extensions obtained in a preceding calendar year. 
(3) In April of each year the Court Administrator of the Supreme Court shall transmit to 
Congress a full and complete report concerning the number of applications for orders authorizing 
or approving the interception of wire, oral, or electronic communications pursuant to this Act and 
the number of orders and extensions granted or denied pursuant to this Act during the preceding 
-- 
calendar year. Such report shall include a summary and analysis of the data 
by the Supreme Court by subsections (A) and (B) of this Section. The 
authorized to issue binding regulations dealing with the content and 
.
.
 . 
to be filed by subsections (1) and (2) of this Section. 
SECTION 12. Recovery of Civil Damages Authorized. - Any person whose wire, oral, or 
electronic communication is intercepted, disclosed, or intentionally used, in violation of this Act 
may recover from the person or entity w hich engaged in that violation such relief as may be 
appropriate through a civil action which may proceed independently from the criminal 
prosecution instituted under this Act. 
SECTION 13. Injunction against Illegal Interception - Whenever it shall appear that nay 
person is engaged or is about to engage in any act which constitutes or will constitute a felony in 
violation of this Act, any aggrieved person any initiate a civil action in a court of competent 
jurisdiction to enjoin such violation. The court shall proceed as soon as practicable to the 
learning and determination of such an action, and may, at any time before final determination, 
enter such a restraining order or prohibition, or take such other action as is warranted to prevent a 
7.. . 
- -  


continuing and substantial injury to the State or to any person or class of persons for whose 
protection the action is brought. 
SECTION 14. Enforcement by Court Issuing Surveillance Order. - If a court authorizing 
an interception under Section 10 (4)(E) of this Act finds that a telecommunications carrier has 
failed to comply with the requirements of the authorization containing an order of assistance, 
direct that the camer comply forthwith and may direct that a provider of support services to the 
carrier or the manufacturer of the carrier’s transmission or switching equipment furnish forthwith 
modifications necessary for the carrier to comply. 
1 
(1) cjyil Penalty- 
- . 
(A) In general - A court issuing an order under this section against a 
telecommunicatioiis carrier, 
a manufacturer of telecommunications 
transmission or switching equipment or a provider of telecommunications 
support services may impose a fine of up to Ten Thousand Pesos (Pl0,OOO.OO) 
per day for each day of violation after the issuance of the order o after such 
future date as the court may specify. 
I 
(B) Considerations - In determining whether to impose a civil pen lty and in 
determining its amount, the court shall take into account 
(i) the nature, circumstance, and extent of the violation; 
(ii) the violator’s ability to pay, the violator’s good faith efforts to comply 
in a timely manner, any effect on the violator’s ability to continue to 
do business, the degree of culpability, and the length o f  any delay in 
undertaking efforts to comply; and 
(iii)such other matters as justice may require. 
SECTION 15. Penalties. - Any person found guilty of violating any provision of this Act 
shall be imprisoned for a period ranging from six years and one day up to twelve years 
and shall pay a fine of One Hundred Thousand Pesos (PlOO,OOO.OO). 


I" 
' 
SECTION 16. Separability Clause. - If any provision, or part hereof, is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
valid and subsisting. 
SECTION 17. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
with, the provisions of this Act is hereby repealed, modified or amended accordingly. 
SECTION 18. Effectivity Clause. - This Act effect fifteen (15) days after its publication 
in at least two (2) newspapers of general circulation. 
FN : 680