HOUSE °F REPRESENTATIVES:

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BY: 7
SEVENTEENTH CONGRESS
First Regular Session RERISTRATION UNIT

BILLS AND INDEX SERVICE
HOUSE BILL NO. 587

Introduced by Representative Leopoldo “Pol” N, Bataoil

EXPLANATORY NOTE

Article II, Section 5 of the 1987 Constitution of the Republic of the Philippines
states that, “the maintenance of peace and order, the protection of life, liberty, and

property, and promotion of the general welfare are essential for the enjoyment by alll the

people of the blessings of democrac

Dangerous drugs had been syndicated into the country for a long time, under the
control of local and even international organized drug groups. Abuse of these substances,
including but not limited to, cannabis or marijuana and methamphetamine or shabu, had
been a proven cause of long-lasting, even permanent, damages to a person’s body and
brain.

Even before the Sinaloa Cartel, one of the world’s most powerful drug-trafficking
organizations, had ventured into the Philippine territory, the government had been
seriously dealing with dangerous drugs and illegal trafficking.Agencies wereestablished
to supervise the investigation, operation, and prosecution of members of local and
international drug syndicates. Laws were also enacted and amended as the drugs problem
continues to worsen inexorably year after year.

Philippine Drug Enforcement Agency (PDEA) Director General Arturo Cacdac,
Jr. urged the Philippine Congress to enact a law allowing them to wiretap individuals
suspected to be involved in the illegal drug trade. He claimed that at least 98% of
wiretapping activities in the US are related to monitoring illegal drug trades, and that the


drug situation in the country will get better if the people behind the trade are immediately
neutralized.

The existing law on wire-tapping, Republic Act No. 4200, also known as the Anti-
Wire-tapping Act, authorizes wire-tapping on certain crimes through a written Court
order. The crimes, however, do not include illegal drug trafficking or any similar
offenses. Also, the procedure in handling intercepted materials had not been provided in
the unamended legislation. Thus, this bill seeks to amend some provisions of Republic
Act 4200and address the immediate issues on the proliferation of dangerous drugs and
more importantly of drug syndicates in the country.

In view of the foregoing, the immediate approval of this bill is earnestly sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Congressional Hills, Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 587

Introduced by Representative Leopoldo “Pol” N. Bataoil

AN ACT
AMENDING REPUBLIC ACT NO. 4200, OTHERWISE KNOWN AS AN ACT TO
PROHIBIT AND PENALIZE WIRE TAPPING AND OTHER RELATED
VIOLATIONS OF THE PRIVACY OF COMMUNICATION, AND FOR OTHER
PURPOSES.

SECTION 1. The following provisions of RA 4200 are hereby amended to read as

follows:

Section 3. Nothing contained in this Act, however, shall render it unlawful
or punishable for any peace officer, who is authorized by a written order of
the Court, to execute any of the acts declared to be unlawful in the two
preceding sections in cases involving the crimes of 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, ILLEGAL DRUG
TRAFFICKING AS DEFINED BY REPUBLIC ACT NO. 9165, and
violations of Commonwealth Act No. 616, punishing espionage and other
offenses against national security: Provided, That such written order shall
only be issued or granted upon written application and the examination
under oath or affirmation of the applicant and the witnesses he may produce
and a showing: (1) that there are reasonable grounds to believe that any of

the crimes enumerated hereinabove has been committed ‘or is being


committed or is about to be committed: Provided, however, That in cases
involving the offenses of rebellion, conspiracy and proposal to commit
rebellion, inciting to rebellion, sedition, conspiracy to commit sedition, and
inciting to sedition, such authority shall be granted only upon prior proof
that a rebellion or acts of sedition, as the case may be, have actually been or
are being committed; (2) that there are reasonable grounds to believe that
evidence will be obtained essential to the conviction of any person for, or to
the solution of, or to the prevention of, any of such crimes; and (3) that
there are no other means readily available for obtaining such evidence.

The order granted or issued shall specify: (1) the identity of the
Person or persons whose communications, conversations, discussions, or
spoken words are to be overheard, intercepted, or recorded and, in the case
of telegraphic or telephonic communications, the telegraph line or the
telephone number involved and its location; (2) the identity of the peace
officer authorized to overhear, intercept, or record the communications,
conversations, discussions, or spoken words; (3) the offense or offenses
committed or sought to be prevented; (4) the period of the authorization;
AND (5) THE MODE, FORM, KIND OR TYPE OF ELECTRONIC
OR OTHER SURVEILLANCE EQUIPMENT OR INTERCEPTING
AND TRACKING DEVICES TO BE USED. The authorization shall be
effective for the period specified in the order which shall not exceed sixty
(60) days from the date of issuance of the order.

AUTHORIZATION MAY BE EXTENDED OR RENEWED
FOR ANOTHER THIRTY (30) DAYS FROM THE EXPIRATION OF
THE ORIGINAL PERIOD: PROVIDED, THAT THE COURT IS
SATISFIED THAT SUCH EXTENSION OR RENEWAL IS IN THE
PUBLIC INTEREST; PROVIDED, FURTHER, THAT THE
APPLICATION FOR EXTENSIONOR RENEWAL IS FILED BY
THE ORIGINAL APPLICANT, OR IN CASE OF PHYSICAL OR
MENTAL DISABILITY OR DEATH, A MEMBER OF THE TEAM
NAMED IN THE ORIGINAL ORDER OF THE AUTHORIZATION.


All recordings made under court authorization shall, within forty-
eight hours after the expiration of the period fixed in the order. be deposited
with the court in a sealed envelope or sealed package, and shall be
accompanied by an affidavit of the peace officer granted such authority
stating the number of recordings made, the dates and times covered by each

recording: the number of tapes. discs, or records included in the deposit,

and certifying that no duplicates or copies of the whole or any part thereof
have been made, or if made. that all such duplicates or copies are included
in the envelope or package deposited with the court. IT SHALL BE
UNLAWFUL FOR ANY PERSON, POLICE OR LAW
ENFORCEMENT OFFICIAL TO OMIT OR EXCLUDE FROM THE
AFFIDAVIT ANY ITEM OR PORTION ABOVEMENTIONED. The
envelope or package so deposited shail not be opened, or the recordings
replayed, or used in evidence, or their contents revealed, except upon order
of the court, which shall not be granted except upon motion, with due
notice and opportunity to be heard to the person or persons whose
conversation or communications have been recorded.

The court referred to in this section shall be understood to mean the

REGIONAL TRIAL COURT within whose territorial jurisdiction the acts

for which authority is applied for are to be executed.

ANY PERSON, POLICE OR LAW ENFORCEMENT
OFFICER WHO VIOLATES ANY OF THE ACTS PRESCRIBED IN
THE PRECEDING PARAGRAPHS SHALL SUFFER THE
PENALTY OF NOT LESS THAN SIX (6) MONTHS TO SIX (6)
YEARS OF IMPRISONMENT.

SECTION 2.Amending Clause. — Republic Act No. 4200 is hereby amended

accordingly.


SECTION 3.Effectivity. — This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) national newspapers of general

circulation,

Approved,