, C',' 
FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
. ) 
Third Regular Session 
) 
SENATE 
Senate Bill No. 
Introduced by Senator Lacson 
EXPLANATORY NOTE 
.. 
, 
The right to be secured in one's person is not limited to the right 
against unlawful intrusion into one's home or personal effects. This right 
also protects one's communication and correspondence, whether it be 
spoken, written, or electronic. 
The privacy of communication and correspondence, as mandated by 
Article III, Section 3(1) of the 1987 Constitution, is further strengthened 
with the enactment 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", which prohibits and penalizes 
wire-tapping. However, it must be stressed that said law, particularly Section 
3 thereof, provides several exceptions to the prohibitions. 
Under said law, wire-tapping is allowed when a peace officer is armed 
with a court order 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 and 
violations of Commonwealth Act No. 616, punishing espionage and other 
offenses against national security. The recently enacted Human Security Act 
of 2007 (RA 9372) also amended RA 4200 by including the crimes of 
terrorism and conspiracy to commit terrorism in the instances where wire-
I' l 


tapping is allowed provided it is accompanied by a written order from the 
Court of Appeals. 
With the following exceptions, wire-tapping though limited in its 
applications, has been an effective tool by our law enforcement agencies 
against criminal elements who have wrecked havoc, instability and lack of 
equanimity in our country to the detriment of many of our peace loving 
citizens. Unfortunately, there are still certain crimes that are not covered 
under the said exceptional cases, which put not only the lives and property 
of our people in paramount danger, but also pose a grave threat to our 
nation's security. The present peace and order situation gives testament to 
this fact and thus, it is imperative for us to revisit RA 4200 so as to further 
enhance its effectiveness. 
In fine, this proposed bill therefore seeks to add the crimes of coup 
d'etat, conspiracy and proposal to commit coup d'etat, robbery in band, 
brigandagelhighway robbery, violations of Republic Act 9165, otherwise 
known as the Comprehensive Dangerous Drugs Act of 2002 and violations 
of Republic Act 9160 as amended by Republic Act 9194, otherwise known 
as the Anti-Money Laundering Act of 2001 to the list of offenses wherein 
our law-enforcement officers can, through court order, tap any wire or cable, 
or by using any other device or arrangement, to secretly overhear, intercept, 
or record private communication or spoken word in order not to tie the hands 
of our government and its law enforcement agencies in fulfilling its mandate 
of protecting life, liberty and property against the malefactors in our society. 
Support and early passage of the bill is earnestly requested. 
PANFI~ACSON 
y;ator 
!) , 


" , 
FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Third Regular Session 
SENATE 
Senate Bill No. 
-~~-~--.----~.~----~ 
Introduced by Senator Lacson 
AN ACT 
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(, 
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AMENDING SECTION 3 OF REPUBLIC ACT 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 
Be 
it 
enacted 
by 
the 
Senate 
and 
the 
House 
of 
Representatives of the Philippines in Congress assembled: 
SECTION 1. SEC. 3 of Republic Act 4200, otherwise 
known as the Anti-Wire Tapping Law 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, 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, 
COUP 
D'ETAT, CONSPIRACY AND PROPOSAL TO 
COMMIT COUP D'ETAT, sedition, conspiracy to 
commit sedition, inciting to sedition, kidnapping as 
defined by the Revised Penal Code, ROBBERY IN 
BAND 
AS 
DEFINED 
AND 
PENALIZED 
BY 
ARTICLES 294, 295, 296, 299 AND 302 OF THE 
REVISED 
PENAL 
CODE, 
BRIGANDAGE/HIGHWA Y 
ROBBERY 
AS 
DEFINED AND PENALIZED BY ARTICLE 306 OF 
THE REVISED PENAL CODE AND PD 532, 
OTHERWISE KNOWN AS THE ANTI-PIRACY 
AND ANTI-HIGHWAY ROBBERY LAW OF 1974, 
VIOLATIONS OF REPUBLIC ACT NO. 9165 
OTHERWISE 
KNOWN 
AS 
THE 
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• 
COMPREHENSIVE DANGEROUS DRUGS ACT 
OF 2002, VIOLATIONS OF REPUBLIC ACT NO. 
9160 AS AMENDED, OTHERWISE KNOWN AS 
THE ANTI-MONEY LAUNDERING ACT OF 2001 
and violations of the Commonwealth Act No. 616, 
punishing 
espionage 
and 
other offenses 
against 
national security: Provided, xxxx" 
SECTION 2. This Act shall take effect fifteen days after the 
completion of its publication in the Official Gazette or in a 
newspaper of general circulation. 
Approved, 
,I)