wi. 8F OF REPRESENTATIVES:

- RECEIVED
Republic of the Philippines fs» «, 28 JUL 2016
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HOUSE OF REPRESENTATIV

Quezon City “INE: Gus
SEVENTEENTH CONGRESS | ev
First Regular Session

REGISTRATION UNIT
BILLS AND INDEX SERVICE

1868

HOUSE BILL NO>°O° |

AN ACT

AUTHORIZING WIRE TAPPING IN CASES INVOLVING VIOLATIONS OF
REPUBLIC ACT NO. 9165, OTHERWISE KNOWN AS_ THE
“COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002”, AMENDING
FOR THE PURPOSE SECTION 3 OF REPUBLIC ACT NO. 4200, ENTITLED
“AN ACT TO PROHIBIT AND PENALIZE WIRE TAPPING AND OTHER
RELATED VIOLATIONS OF THE PRIVACY OF COMMUNICATION, AND
FOR OTHER PURPOSES”

EXPLANATORY NOTE

Drug trade in the Philippines has reached the point that it became a
known convenient transit point for drug dealers because of our
geographic location and the absence of laws that will trace the
communications regarding the trade. However, an intensified campaign
against illegal drugs, its use, sale and distribution has recently taken an
active pursuit. Drug raids, apprehensions, buy busts are frequently
conducted nowadays. But still, the big wigs, as they are the kings of the
trade remain at large. They operate discreetly by communicating through
their agents and the trade continues by a mere call or other means of
communications. Thus, the need to equip our law enforcers the capability
to track down the traces of activities of those involved in the illegal drug
trade.

The bill proposes to amend 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”. It
is aimed to include violations of Republic Act No. 9165 or the
Comprehensive Dangerous Drugs Act of 2002 from the list where wire-
tapping of communications may be allowed.

With the exception at place, it hoped to clip the trade and arrest,
convict and penalize all those involved in the illegal drugs trade.

Passage of this bill is hereby earnestly sought.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1868

Introduced by Representative FERDINAND L. HERNANDEZ

AN ACT

AUTHORIZING WIRE TAPPING IN CASES INVOLVING VIOLATIONS
OF REPUBLIC ACT NO. 9165, OTHERWISE KNOWN AS THE
“COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002”, AMENDING
FOR THE PURPOSE SECTION 3 OF REPUBLIC ACT NO. 4200,
ENTITLED “AN ACT TO PROHIBIT AND PENALIZE WIRE TAPPING
AND OTHER RELATED VIOLATIONS OF THE PRIVACY OF
COMMUNICATION, AND FOR OTHER PURPOSES”

Be it enacted by the Senate and House of Representatives of the

Philippines in Congress assembled:

SECTION 1. Section 3 of Republic Act No. 4200, entitled “An Act to
Prohibit and Penalize Wire Tapping and Other Related Violations of the
Privacy of Communication, and for Other Purposes”, is hereby amended to
read as follows:

“SEC. 3. Nothing contained in this Act, however, shall render
it unlawful or punishable for any peace officer AND LAW
ENFORCER, 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,


1 conspiracy to commit sedition, inciting to sedition, kidnapping

2 as defined by the Revised Penal Code, VIOLATIONS OF
3 REPUBLIC ACT NO. 9165, OTHERWISE KNOWN AS THE
4 COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002,
5 and violations of Commonwealth Act No. 616, punishing
6 espionage and other offenses against national security:
7 Provided, That such written order shall only be issued or
8 granted upon written application and the examination under
9 oath or affirmation of the applicant and the witnesses he may

10 produce and a showing: (1) that there are reasonable grounds
to believe that any of the crimes enumerated hereinabove has

12 been committed or is being committed or is about to be
1B committed: Provided, however, That in cases involving the

14 offenses of rebellion, conspiracy and proposal to commit

1s rebellion, inciting to rebellion, sedition, conspiracy to commit

16 sedition, and inciting to sedition, such authority shall be

7 granted only upon prior proof that a rebellion or acts of

18 sedition, as the case may be, have actually been or are being

19 committed; (2) that there are reasonable grounds to believe

20 that evidence will be obtained essential to the conviction of

21 any person for, or to the solution of, or to the prevention of,

2 any of such crimes; and (3) that there are no other means

23 readily available for obtaining such evidence.

24 “xxx

25 “The court referred to in this section shall be understood

26 to mean the [Court of First Instance] REGIONAL TRIAL

27 COURT within whose territorial jurisdiction the acts for which

28 authority is applied for are to be executed.”

29

30 SEC. 2. If any provision or part hereof is held invalid or

31 unconstitutional, the remainder of the law or the provision not otherwise

2 affected shall remain valid and subsisting.


SEC. 3. Section 3 of Republic Act No. 4200 and all other laws,
presidential decrees or issuances, executive orders, letters of instruction,
administrative orders, rules and regulations contrary to or inconsistent
with the provisions of this Act are hereby repealed, modified or amended
accordingly.

SEC. 4. This Act shall take effect fifteen (15) days after its complete
publication in at least two (2) newspapers of general circulation.

Approved,