TWENTIETH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
SENATE
S. No. 398
25 JUL 10 P4 :13
RECEIVED bV:
Introduced by Senator Panfilo M. Lacson
AN ACT
EXPANDING THE SCOPE AND COVERAGE OF REPUBLIC ACT NO. 4200, 
OTHERWISE KNOWN AS AN ACT TO PROHIBIT AND PENALIZE 
WIRETAPPING AND OTHER RELATED VIOLATIONS OF THE PRIVACY OF 
COMMUNICATION, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
The right to be secure 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 (RA) No. 4200 entitled "An Act to Prohibit and Penalize Wiretapping and 
other related Violations of the Privacy of Communication, and for other Purposed', 
which prohibits and penalizes the use of any device or arrangement to secretly 
overhear, intercept, and record any private communication. However, it must be 
stressed that said law, particularly Section 3 thereof, provides several exceptions to 
the prohibitions.
Under the 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 Anti-Terrorism 
Law of 2020, which repealed the Human Security Act of 2007, reiterated the latter's 
provision on wiretapping exception, which states that law enforcement or military 
personnel may, upon written authorization from the Court of Appeals, conduct 
surveillance, intercept, and record communications of persons suspected of terrorism 
or terrorism-related offenses.
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 wreaked 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 peace and order situation in the country gives testament to 
this fact, and thus, it is imperative to revisit RA 4200 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, brigandage/highway 
robbery, violations of RA 9165, otherwise known as the Comprehensive Dangerous 
Drugs Act of 2002, and violations of RA 9160 as amended 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 to strengthen the measures of the government and its law enforcement 
agencies in fulfilling its mandate of protecting life, liberty, and property against the 
malefactors in our society. Therefore, the passage of the bill is earnestly requested.
panfiL0m:lacson
^eiytor


TWENTIETH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
SENATE 
s. NO.__ 393
25 JUL 10 P4:13
RECEIVED 3Y;
Introduced by Senator Panfilo M. Lacson
AN ACT
EXPANDING THE SCOPE AND COVERAGE OF 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
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
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Section 1. Short Title. — This Act shall be known as the "Expanded Anti-Wire
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Tapping Act."
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Sec. 2. Section 1 of Republic Act No. 4200, otherwise known as the Anti-Wire
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Tapping Law, is hereby amended to read as follows:
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"SECTION 1. It shall be unlawful for any person TO SECRETLY
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WIRETAP, INTERCEPT, OVERHEAR AND LISTEN TO, SCREEN,
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READ, SURVEIL, RECORD OR COLLECT, WITH THE USE OF ANY
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MODE, FORM, KIND OR TYPE OF ELECTRONIC, MECHANICAL OR
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OTHER EQUIPMENT OR DEVICE OR TECHNOLOGY NOW KNOWN
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OR MAY HEREAFTER BE KNOWN TO SCIENCE OR WITH THE USE
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OF OTHER SUITABLE WAYS, ARRANGEMENTS OR MEANS FOR THE
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ABOVE PURPOSES, PRIVATE COMMUNICATIONS,
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CONVERSATIONS, DISCUSSION/S, DATA, INFORMATION,
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MESSAGES IN WHATEVER FORM, KIND OR NATURE, SPOKEN OR
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WRITTEN, WORDS OF ANY PERSON OR PERSONS, WITHOUT ANY
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AUTHORIZATION FROM ALL THE PARTIES CONCERNED. [, not
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being authorized by all the parties to any private communication or spoken 
word, to tap any wire or cable, or by using any other device or 
arrangement, to secretly overhear, intercept, or record such 
communication or spoken word by using a device commonly known as a 
dictaphone or dictagraph or dictaphone or walkie-talkie or tape recorder, 
or however otherwise described:]
It shall also be unlawful for any person, he be a participant or not 
in the act or acts penalized in the next preceding sentence, to knowingly 
possess any tape record, wire record, disc record, or any other MODE, 
FORM, TYPE AND KIND OF such record, or copies thereof, of any 
PRIVATE communication, CONVERSATION, DISCUSSION, DATA, 
INFORMATION, MESSAGE IN WHATEVER FORM, KIND OR 
NATURE, WRITTEN or spoken word [secured either before or after the 
effective date of this Act in the manner prohibited by this law]; or to replay 
the same for any other person or persons; or to communicate the contents 
thereof, either verbally or in writing, or to furnish transcriptions thereof, 
whether complete or partial, to any other person: Provided, That the use 
of such record or any copies thereof as evidence in any civil, criminal 
investigation or trial of offenses mentioned in section 3 hereof, shall not 
be covered by this prohibition."
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Sec. 3. Republic Act No. 4200 is also hereby amended by inserting Section 1-
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A, as follows:
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"SECTION 1-A. THE SALE OR IMPORTATION BY 
MANUFACTURERS, DISTRIBUTORS OR ANY PERSON OF ANY 
MODE, FORM, KIND OR TYPE OF ELECTRONIC, MECHANICAL, OR 
OTHER EQUIPMENT OR DEVICE OR TECHNOLOGY IS PRIMARILY 
INTENDED AND USEFUL FOR THE PURPOSES STATED IN SECTION 
1 OF THIS ACT SHALL BE ALLOWED ONLY UPON WRITTEN 
PERMIT OR AUTHORITY FROM THE DEPARTMENT OF 
INFORMATION AND COMMUNICATIONS TECHNOLOGY (DICT); 
PROVIDED, THAT, SUCH REQUIREMENT SHALL NOT BE


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APPLICABLE TO PROCUREMENT UNDER THIS ACT BY THE 
PHILIPPINE NATIONAL POLICE (PNP), THE PHILIPPINE DRUG 
ENFORCEMENT AGENCY (PDEA), THE NATIONAL BUREAU OF 
INVESTIGATION (NBI) AND THE ARMED FORCES OF THE 
PHILIPPINES (AFP). PROVIDED, FURTHER, THAT, THE SAID 
AGENCIES MAY PROCURE THE EQUIPMENT ABOVE-MENTIONED 
EITHER THRU LIMITED SOURCE BIDDING OR DIRECT 
CONTRACTING AS PROVIDED UNDER REPUBLIC ACT NO. 12009, 
OTHERWISE KNOWN AS "THE NEW GOVERNMENT 
PROCUREMENT ACT."
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Sec. 4. Section 2 thereof shall be deleted and a new Section 2 shall be inserted
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and which shall read as follows:
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"SECTION 2. PROHIBITED ACTS. — 
(A) ANY PERSON WHO WILFULLY OR KNOWINGLY DOES OR 
CAUSES TO BE DONE OR WHO SHALL AID, ABET OR PERMIT, ANY 
OF THE ACTS DECLARED TO BE UNLAWFUL IN SECTION 1 HEREOF 
SHALL, UPON CONVICTION, SUFFER THE PENALTY OF 
IMPRISONMENT OF NOT LESS THAN SIX (6) YEARS BUT NOT 
MORE THAN TWELVE YEARS (12) AND A FINE OF NOT LESS THAN 
ONE (1) MILLION PESOS BUT NOT EXCEEDING FIVE (5) MILLION 
PESOS WITH THE ACCESSORY PENALTY OF PERPETUAL 
ABSOLUTE DISQUALIFICATION FROM PUBLIC OFFICE IF THE 
OFFENDER BE A PUBLIC OFFICIAL AT THE TIME OF THE 
COMMISSION OF THE OFFENSE.
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IF THE OFFENDER IS AN ALIEN, HE SHALL BE SUBJECT TO 
DEPORTATION PROCEEDINGS AFTER THE SERVICE OF HIS/HER 
SENTENCE.
(B) ANY PERSON WHO MANUFACTURES, ASSEMBLES, SELLS, 
IMPORTS, DISTRIBUTES, OR OTHERWISE DISPOSES ANY MODE,


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FORM, KIND OR TYPE OF ELECTRONIC, MECHANICAL OR OTHER 
EQUIPMENT OR DEVICE OR TECHNOLOGY NOW KNOWN OR MAY 
HEREAFTER BE KNOWN TO SCIENCE KNOWING OR HAVING 
REASON TO KNOW THAT THE DESIGN OF SUCH ELECTRONIC, 
MECHANICAL, OR OTHER EQUIPMENT, DEVICE OR TECHNOLOGY 
IS PRIMARILY INTENDED AND USEFUL FOR THE PURPOSES 
STATED IN SECTION 1 OF THIS ACT WITHOUT FIRST SECURING 
THE NECESSARY AUTHORITY OR PERMIT SHALL, UPON 
CONVICTION, SUFFER THE PENALTY OF IMPRISONMENT OF NOT 
LESS THAN THREE (3) YEARS BUT NOT MORE THAN SIX (6) 
YEARS AND A FINE OF NOT LESS THAN FIVE HUNDRED 
THOUSAND PESOS BUT NOT EXCEEDING TWO (2) MILLION 
PESOS WITH THE ACCESSORY PENALTY OF PERPETUAL 
ABSOLUTE DISQUALIFICATION FROM PUBLIC OFFICE IF THE 
OFFENDER BE A PUBLIC OFFICIAL AT THE TIME OF THE 
COMMISSION OF THE OFFENSE. IF THE OFFENDER IS AN ALIEN, 
HE SHALL BE SUBJECT TO DEPORTATION PROCEEDINGS AFTER 
THE SERVICE OF HIS/HER SENTENCE.
IN ADDITION TO THE PENALTY IMPOSED HEREIN, THE 
EQUIPMENT, DEVICE OR TECHNOLOGY TAKEN SHALL BE 
AUTOMATICALLY FORFEITED IN FAVOR OF THE GOVERNMENT
(C) ANY PERSON WHO, HAVING KNOWLEDGE OR REASON TO 
KNOW THAT THE DESIGN OF SUCH ELECTRONIC, MECHANICAL, 
OR OTHER EQUIPMENT, DEVICE OR TECHNOLOGY IS PRIMARILY 
INTENDED AND USEFUL FOR THE PURPOSES STATED IN SECTION 
1 OF THIS ACT, OWNS OR POSSESSES WITHOUT ANY AUTHORITY 
ANY OF THE ABOVEMENTIONED EQUIPMENT, DEVICE OR 
TECHNOLOGY, UPON CONVICTION SHALL ALSO SUFFER THE 
PENALTY AS PROVIDED UNDER SECTION 2(B).


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Sec. 5. Section 3 of Republic Act No. 4200 is also hereby amended to read as
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follows:
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"SEC. 3. Nothing contained in this Act, however, shall render it unlawful 
or punishable for any [peace] LAW ENFORCEMENT OR MILITARY 
officer, who is authorized by a written order of the REGIONAL TRIAL 
Court, to execute any of the APPLICABLE 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/HIGHWAY ROBBERY AS DEFINED AND PENALIZED 
BY ARTICLE 306 OF THE REVISED PENAL CODE AND PD NO. 532, 
OTHERWISE KNOWN AS THE ANTI-PIRACY AND ANTI-HIGHWAY 
ROBBERY LAW OF 1974, VIOLATIONS OF REPUBLIC ACT NO. 
9165, OTHERWISE KNOWN AS THE 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, 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.]


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[The order granted or issued shall specify: (1) the identity of the person
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or persons whose communications, conversations, discussions, or spoken words
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are to be overheard, intercepted, or recorded and, in the case of telegraphic or
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telephonic communications, the telegraph line or the telephone number involved
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and its location; (2) the identity of the peace officer authorized to overhear,
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intercept, or record the communications, conversations, discussions, or spoken
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words; (3) the offense or offenses committed or sought to be prevented; and (4)
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the period of the authorization. The authorization shall be effective for the period
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specified in the order which shall not exceed sixty (60) days from the date of
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issuance of the order, unless extended or renewed by the court upon being
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satisfied that such extension or renewal is in the public interest.]
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[All recordings made under court authorization shall, within forty-eight hours
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after the expiration of the period fixed in the order, be deposited with the court
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in a sealed envelope or sealed package, and shall be accompanied by an affidavit
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of the peace officer granted such authority stating the number of recordings
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made, the dates and times covered by each recording, the number of tapes,
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discs, or records included in the deposit, and certifying that no duplicates or
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copies of the whole or any part thereof have been made, or if made, that all such
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duplicates or copies are included in the envelope or package deposited with the
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court. The envelope or package so deposited shall not be opened, or the
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recordings replayed, or used in evidence, or their contents revealed, except upon
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order of the court, which shall not be granted except upon motion, with due
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notice and opportunity to be heard to the person or persons whose conversation
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or communications have been recorded.]
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[The court referred to in this section shall be understood to mean the Court of
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First Instance within whose territorial jurisdiction the acts for which authority is
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applied for are to be executed.]"
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Sec. 6. Republic Act No. 4200 is also hereby amended by inserting Sections 3-
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A to 3-H, as follows:
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"SEC. 3-A. WIRETAPPING, INTERCEPTION, SURVEILLANCE 
AND RECORDING OF COMMUNICATIONS. — THE CHIEF OF THE PNP,


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THE PDEA DIRECTOR GENERAL, THE NBI DIRECTOR OR THE CHIEF 
OF STAFF OF THE AFP OR THEIR DULY AUTHORIZED 
REPRESENTATIVES MAY SUBMIT EX PARTE APPLICATIONS FOR THE 
ISSUANCE OF WRITTEN ORDERS FROM THE REGIONAL TRIAL 
COURT, TO SECRETLY WIRETAP, INTERCEPT, OVERHEAR AND LISTEN 
TO, SCREEN, READ, SURVEIL, RECORD AND COLLECT, WITH THE USE 
OF ANY MODE, FORM, KIND OR TYPE OF ELECTRONIC, MECHANICAL 
OR OTHER EQUIPMENT OR DEVICE OR TECHNOLOGY NOW KNOWN 
OR MAY HEREAFTER BE KNOWN TO SCIENCE OR WITH THE USE OF 
ANY OTHER SUITABLE WAYS, ARRANGEMENTS OR MEANS FOR THE 
ABOVE PURPOSES, PRIVATE COMMUNICATIONS, CONVERSATIONS, 
DISCUSSIONS, DATA, INFORMATION, MESSAGES IN WHATEVER 
FORM, KIND OR NATURE, SPOKEN OR WRITTEN WORDS 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 IN 
SECTION 3 HAS BEEN COMMITTED OR IS BEING COMMITTED OR IS 
ABOUT TO BE COMMITTED; (2) THAT THERE ARE REASONABLE 
GROUNDS TO BELIEVE THAT THE EVIDENCE THAT WILL BE 
OBTAINED IS 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 EFFECTIVE MEANS 
READILY AVAILABLE FOR OBTAINING SUCH EVIDENCE.
SEC. 3-B. EFFECnVITY OF THE PERIOD OF JUDICIAL 
AUTHORIZATION. — ANY ORDER GRANTED BY THE REGIONAL TRIAL 
COURT SHALL ONLY BE EFFECTIVE FOR THE LENGTH OF TIME 
SPECIFIED IN THE WRITTEN ORDER, WHICH SHALL NOT EXCEED A 
PERIOD OF SIXTY (60) DAYS FROM THE DATE OF RECEIPT OF THE 
WRITTEN ORDER OF THE AUTHORIZING COURT BY THE APPLICANT.
THE AUTHORIZING COURT MAY, UPON APPLICATION, EXTEND 
OR RENEW THE SAID AUTHORIZATION FOR ANOTHER NON-


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EXTENDIBLE PERIOD, WHICH SHALL NOT EXCEED 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.
SEC. 3-C. CLASSIFICATION AND CONTENTS OF THE COURT 
AUTHORIZATION. — THE WRITTEN APPLICATION TOGETHER WITH 
SUPPORTING DOCUMENTS SUBMITTED AND WRITTEN ORDER 
GRANTED BY THE AUTHORIZING COURT SHALL BE DEEMED AND ARE 
HEREBY DECLARED AS CLASSIFIED INFORMATION.
THE WRITTEN ORDER OF THE AUTHORIZING COURT SHALL 
SPECIFY THE FOLLOWING:
(A) THE IDENTITY, SUCH AS NAME AND ADDRESS, IF KNOWN, 
OF THE PERSON WHOSE PRIVATE COMMUNICATIONS, 
CONVERSATIONS, DISCUSSION/S, DATA, INFORMATION, 
MESSAGES IN WHATEVER FORM, KIND OR NATURE, SPOKEN 
OR WRITTEN WORDS AND/OR THE TELEPHONE NUMBERS, IF 
KNOWN THAT ARE TO BE SECRETLY WIRETAPPED, 
INTERCEPTED, OVERHEARD AND LISTENED TO, SCREENED, 
READ, SURVEILLED, RECORDED AND COLLECTED AND THEIR 
LOCATIONS;
(B) THE IDENTITY OF THE APPLICANT AUTHORIZED TO 
SECRETLY WIRETAP, INTERCEPT, OVERHEAR AND LISTEN TO, 
SCREEN, READ, SURVEIL,RECORD AND COLLECT PRIVATE 
COMMUNICATIONS, CONVERSATIONS, DISCUSSION/S, DATA, 
INFORMATION, MESSAGES IN WHATEVER FORM, KIND OR 
NATURE, SPOKEN OR WRITTEN WORDS;
(C) THE CRIME OR CRIMES COMMITTED, OR IS BEING 
COMMITTED, OR SOUGHT TO BE PREVENTED;
(D) 
THE LENGTH OF TIME WITHIN WHICH THE 
AUTHORIZATION SHALL BE USED OR CARRIED OUT;


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(E) WHEN APPROPRIATE, THE SPECIFIC ASSISTANCE OR
COOPERATION NEEDED FROM THE TELECOMMUNICATIONS OR
INTERNET SERVICE PROVIDER.
IN NO CASE SHALL THE IDENTITY OF THE AUTHORIZED 
APPLICANT BE DISCLOSED EXCEPT UPON WRITTEN ORDER OF THE 
AUTHORIZING COURT AFTER A DETERMINATION THAT THE PUBLIC 
INTEREST IN THE DISCLOSURE OF THE INFORMATION OUTWEIGHS 
THE PUBLIC INTEREST IN KEEPING THE INFORMATION SECRET OR 
CONFIDENTIAL.
SEC. 3-D. CUSTODY OF INTERCEPTED AND RECORDED 
COMMUNICATIONS. — ALL TAPES, DISCS, OTHER STORAGE DEVICES, 
RECORDINGS, NOTES, MEMORANDA, SUMMARIES, EXCERPTS AND 
ALL COPIES THEREOF MADE PURSUANT TO THE ORDER OF THE 
AUTHORIZING COURT, SHALL, WITHIN FORTY-EIGHT (48) HOURS 
AFTER THE EXPIRATION OF THE PERIOD FIXED IN THE WRITTEN 
ORDER OR WITHIN FORTY-EIGHT (48) HOURS AFTER THE 
EXPIRATION OF ANY EXTENSION OR RENEWAL GRANTED BE 
DEPOSITED WITH THE AUTHORIZING COURT IN A SEALED ENVELOPE 
OR PACKAGE, AND SHALL BE ACCOMPANIED BY AN AFFIDAVIT OF 
THE AUTHORIZED APPLICANT.
ANY PERSON WHO, WITHOUT WRITTEN AUTHORITY FROM THE 
AUTHORIZING COURT, REMOVES, CONCEALS, DESTROYS, DISCARDS 
OR REVEALS ANY OF THE ABOVEMENTION ED TAPE, DISC, OTHER 
STORAGE DEVICE, RECORDING, NOTE, MEMORANDUM, SUMMARY, 
EXCERPTS AND ALL COPY THEREOF, OR ANY INFORMATION 
THEREON SHALL, UPON CONVICTION, SUFFER THE PENALTY OF 
IMPRISONMENT FOR NOT LESS THAN SIX (6) YEARS BUT NOT MORE 
THAN TWELVE (12) YEARS AND A FINE OF NOT LESS THAN ONE 
MILLION PESOS BUT NOT EXCEEDING FIVE MILLION PESOS WITH 
THE ACCESSORY PENALTY OF PERPETUAL ABSOLUTE 
DISQUALIFICATION FROM PUBLIC OFFICE IF THE OFFENDER BE A


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PUBLIC OFFICIAL AT THE TIME OF THE COMMISSION OF THE 
OFFENSE.
SEC. 3-E. CONTENTS OF THE AFFIDAVIT. — THE AFFIDAVIT OF 
THE AUTHORIZED APPLICANT SHALL IDENTIFY THE FOLLOWING: (A) 
ALL TAPES, DISCS, OTHER STORAGE DEVICES, RECORDINGS, NOTES, 
MEMORANDA, SUMMARIES, EXCERPTS AND ALL COPIES THEREOF 
MADE IN CONNECTION THEREWITH; (B) THE DURATION OF THE 
JUDICIAL AUTHORIZATION AND THE DATES AND TIMES COVERED BY 
EACH OF THE MATERIALS; AND (C) THE NUMBER OF TAPES, DISCS, 
OR OTHER STORAGE DEVICES, RECORDINGS, NOTES, MEMORANDA, 
SUMMARIES, EXCERPTS AND ALL COPIES MADE IN CONNECTION 
THEREWITH THAT HAVE BEEN INCLUDED IN THE DEPOSIT.
THE AFFIDAVIT SHALL ALSO CERTIFY UNDER OATH THAT NO 
DUPLICATES OR COPIES OF THE WHOLE OR ANY PART OF ANY OF 
SUCH TAPES, DISCS, OTHER STORAGE DEVICES, RECORDINGS, 
NOTES, MEMPRANDA, SIMMARIES, AND EXCERPTS,HAVE BEEN 
MADE, OR, IF MADE, THAT SUCH DUPLICATES AND COPIES ARE 
INCLUDED IN THE SEALED ENVELOPE OR SEALED PACKAGE, AS THE 
CASE MAY BE, DEPOSITED WITH THE AUTHORIZING COURT.
SEC. 3-F. DISPOSITION OF DEPOSITED MATERIAL. — THE 
SEALED ENVELOPE OR SEALED PACKAGE AND THE CONTENTS 
THEREOF, WHICH ARE DEPOSITED WITH THE AUTHORIZING COURT, 
SHALL BE DEEMED AND ARE HEREBY DECLARED CLASSIFIED 
INFORMATION, AND THE SEALED ENVELOPE OR SEALED PACKAGE 
SHALL NOT BE OPENED AND ITS CONTENTS SHALL NOT BE 
DISCLOSED, REVEALED, READ, REPLAYED, OR USED AS EVIDENCE 
UNLESS AUTHORIZED BY WRITTEN ORDER OF THE AUTHORIZING 
COURT WHICH SHALL NOT BE GRANTED EXCEPT UPON MOTION, 
WITH DUE NOTICE AND OPPORTUNITY TO BE HEARD TO THE 
INDIVIDUAL/S SUBJECT OF THE ABOVE-MENTIONED COURT 
AUTHORIZATION. PROVIDED, THAT WITHIN NINETY (90) DAYS 
FROM THE EXPIRATION OF THE ORDER, THE INDIVIDUAL/S WHOSE
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COMMUNICATIONS HAVE BEEN INTERCEPTED AND/OR RECORDED 
SHALL BE NOTIFIED OF SUCH FACT, UNLESS DELAY IN 
NOTIFICATION IS ALLOWED BY A WRITTEN ORDER OF THE 
AUTHORIZING COURT, UPON A FINDING THAT AN INVESTIGATION 
IS STILL ONGOING, AND AFTER A DETERMINATION THAT THE 
PUBLIC INTEREST IN DELAYING NOTIFICATION OUTWEIGHS THE 
PUBLIC INTEREST IN KEEPING THE INFORMATION SECRET OR THE 
PUBLIC INTEREST IN KEEPING THE INFORMATION SECRET OR 
CONFIDENTIAL: 
PROVIDED FURTHER, THAT DELAY IN
NOTIFICATION SHALL NOT BE LONGER THAN ONE (1) YEAR.
SEC. 3-G. DESTRUCTION OF DEPOSITED MATERIAL. — AFTER 
THE LAPSE OF FIVE (5) YEARS FROM THE EXPIRATION OF THE 
PERIOD FIXED IN THE WRITTEN ORDER, THE AUTHORIZING COURT 
SHALL ORDER THE DESTRUCTION OF THE DEPOSITED MATERIAL 
UNLESS IT IS BEING UTILIZED IN AN ONGOING INVESTIGATION OR 
PROSECUTION, IN WHICH CASE, IT SHALL BE DESTROYED TWO (2) 
YEARS AFTER THE TERMINATION OF THE INVESTIGATION OR 
FINALITY OF THE DECISION ON THE CASE.
SEC. 3-H. COMMUNICATIONS ASSISTANCE FOR LAW 
ENFORCEMENT. — THE AUTHORIZING COURT MAY ORDER ANY 
TELECOMMUNICATIONS OR INTERNET SERVICE PROVIDER TO 
ASSIST AND COOPERATE WITH THE LAW ENFORCEMENT OR 
MILITARY OFFICERS IN IMPLEMENTING THE ORDER OF THE 
AUTHORIZING COURT. THE SPECIFIC ASSISTANCE OR 
COOPERATION NEEDED SHALL BE INDICATED IN THE WRITTEN 
ORDER AS STATED IN SECTION 3(C). THE TELECOMMUNICATIONS 
OR INTERNET SERVICE PROVIDER SHALL TAKE MEASURES TO 
ENSURE THAT THE PERSON WHOSE PRIVATE COMMUNICATIONS, 
CONVERSATIONS, DISCUSSIONS, DATA, INFORMATION, MESSAGES 
IN WHATEVER FORM, KIND OR NATURE, SPOKEN OR WRITTEN 
WORDS ARE TO BE SECRETLY WIRETAPPED, INTERCEPTED, 
OVERHEARD AND LISTENED TO, SCREENED, READ, SURVEILLED,
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RECORDED AND COLLECTED SHALL NEITHER DETECT NOR BE 
NOTIFIED OF SUCH FACT.
THE RESPONSIBLE PERSON/S OF THE TELECOMMUNICATIONS 
OR INTERNET SERVICE PROVIDER WHO UNJUSTIFIABLY REFUSE/S 
TO COMPLY WITH THE ORDER OF THE COURT SHALL BE CITED FOR 
CONTEMPT AND FINED IN AN AMOUNT NOT LESS THAN ONE MILLION 
PESOS BUT NOT MORE THAN THREE MILLION PESOS.
NO ADMINISTRATIVE, CRIMINAL OR CIVIL PROCEEDINGS 
SHALL LIE AGAINST THE EMPLOYEES OR OFFICIALS OF THE 
TELECOMMUNICATIONS OR INTERNET SERVICE PROVIDER FOR 
HAVING ASSISTED OR COOPERATED WITH THE LAW ENFORCEMENT 
OR MILITARY OFFICERS IN THE IMPLEMENTATION OF THE WRITTEN 
ORDER OF THE COURT."
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Sec. 7. Section 4 of Republic Act No. 4200 is hereby amended to read as
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follows:
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"SEC. 4. Any PRIVATE communications, CONVERSATIONS, 
DISCUSSION/S, DATA, INFORMATION, MESSAGES IN WHATEVER 
FORM, KIND OR NATURE, or spoken OR WRITTEN words, or the 
existence, contents, substance, purport, effect, or meaning of the same or any 
part thereof, or any information therein contained obtained or secured by any 
person in violation of the preceding sections of this act shall not be admissible 
in evidence in any judicial, quasi-judicial, legislative or administrative hearing 
or investigation; PROVIDED, THAT, THE USE OF ANY EVIDENCE 
VALIDLY OBTAINED PURSUANT TO SECTIONS 3-A TO 3-H OF THIS 
ACT IN RELATION TO ANY OF THE OFFENSES MENTIONED IN 
SECTION 3 OF THIS ACT SHALL BE ALLOWED."
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Sec. 8. Separability Clause. If any provision of this Act shall be declared invalid
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or unconstitutional, the remaining part or provisions not otherwise affected shall
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remain in force.
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1 
Sec. 9. Repealing Clause. Any law, decree, ordinance, administrative circulars
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not consistent with any provision of this Act is hereby amended, repealed or modified
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accordingly.
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Sec. 10. Effectivity Clause. This Act shall take effect fifteen (15) days after its
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complete publication in the Official Gazette or in at least two (2) newspapers of general
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circulation.
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Approved,
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