EIGHTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session
of !l|r
S E N A T E  
Senate Bill No. 2^?
•19 
JlJL-1 
A10--48
H ti.r
INTRODUCED BY SENATOR LACSON
AN ACT
EXPA NDIN G T H E  SC O PE AND C O V ER A G E OF R E PU B L IC  ACT 
NO. 4200, O T H E R W IS E  KNOW N AS “ AN ACT TO PR O H IB IT  
AND P E N A L IZ E  W IR E  T A PPIN G  AND O T H E R  R ELA TED  
V IO LA T IO N S O F TH E PR IV A C Y  OF C O M M U N IC A T IO N  AND
FO R  O T H E R  PU R PO SE S”
EX PLA N A TO RY  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 (RA) 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 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 Human Security Act of 2007 (RA 9372) also amended RA 
4200 by including the crimes ot terrorism and conspiracy to commit terrorism 
among the instances where wire-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 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 for us to revisit 
RA 4200 m order to further enhance its effectiveness.
In fine, this proposed bill theretore seeks to add the crimes of coup d'etat, 
conspiracy 
and 
proposal 
to 
commit 
coup 
d'etat, 
robben/ 
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 in order 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.
Support and early passage of the bill is earnestly requested.
P A N F II/O W . LACSON 
\en n to r


EIGHTEENTH CONGRESS OF THE REPUBLIC 
OF TFIE PHILIPPINES 
First Regular Session
SENATE 
Senate Bill No.
® f(irr of li|f #»rnrt!M p
*19 
JUL -1 
A10 ^ 8
INTRODUCED BY SENATOR LACSj(^^
AN ACT
EX PA N D IN G  T H E  SC O PE AND C O V ER A G E OF R E PU B L IC  ACT 
NO. 4200, O T H E R W IS E  KNOW N AS “ AN ACT TO PR O H IB IT  
AND PE N A L IZ E  W IR E T A PPIN G  AND O T H E R  RELA TED  
V IO LA T IO N S O F TH E PR IV A C Y  OF C O M M U N IC A T IO N  AND
FO R  O T H E R  P U R P O S E S ”
Be it enacted by the Senate and House of Representatives in Congress 
assembled:
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SE C T IO N  1. Short Title. This Act shall be known as the
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“Expanded A nti-W ire Tapping Act of 2019.”
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SE C T IO N  2. Section 1 of Republic Act No. 4200, otherw ise
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known as the A nti-W ire Tapping Law is hereby am ended to read as
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follows:
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“SECTION 1. It shall be unlawful for any person TO SECRETLY 
WIRETAP, INTERCEPT, OVERHEAR AND LISTEN TO, 
SCREEN, READ, SURVEIL, RECORD OR 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 TFIE 
USE OF OTHER SUITABLE WAYS, ARRANGEMENTS OR 
MEANS 
FOR 
TFIE 
ABOVE 
PURPOSES, 
PRIVATE 
COMMUNICATIONS, CONVERSATIONS, DISCUSSION/S, 
DATA, 
INFORMATION, 
MESSAGES 
IN 
WHATEVER 
FORM, 
KIND 
OR 
NATURE, 
SPOKEN OR W RITTEN 
WORDS OF ANY PERSON OR PERSONS, W ITHOUT ANY 
AUTFIORIZATION 
FROM 
ALL 
THE 
PARTIES
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CONCERNED. [, not 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 
detectaphone or walkie-talkie or tape-recorder, or however otherwise 
described:]
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It shall also be unlawful for any person, be he 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 tliis 
prohibition”.
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SE C T IO N  3. R epublic Act No. 4200 is also hereby am ended by
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inserting Section 1-A, as follow s:
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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 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 OR DEVICE OR


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TECHNOLOGY IS PRIMARILY INTENDED AND USEFUL 
FOR THE 
PURPOSES STATED IN SECTION I OF THIS 
ACT SHALL BE ALLOWED ONLY 
UPON WRITTEN 
PERM IT OR AUTHORITY FROM THE DEPARTMENT OF 
INFORMATION AND COMMUNICATIONS TECHNOLOGY 
(DICT); PROVIDED, THAT, SUCH REQUIREMENT SHALL 
NOT BE 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. 9184.”
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SECTION 4. Section 2 thereof shall be deleted and a new Section 2 shall
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be inserted and which shall read as follows:
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[“SEC. 2. Any person who willfully or knowingly does or who shall aid, 
perniit, or cause to be done any of the acts declared to be unlawful in the 
preceding section or who violates the provisions of the following section of 
any order issued thereunder, or aids, permits, or causes such violation shall, 
upon conviction thereof, be punished by imprisonment for not less than six 
months or more than six years and wit 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, and, if the offender is 
an alien he shall be subject to deportation proceedings.”]
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"SECTION 2. PROHIBITED ACTS. -
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(A) ANY PERSON WHO WILFULLY OR KNOWINGLY 
DOES OR CAUSES TO BE DONE OR WHO SHALL AID, 
ABET OR PERM IT, ANY OF THE ACTS DECLARED TO BE 
UNLAWFUL IN SECTION 
1 HEREOF SHALL, UPON


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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. 
IF 
THE 
OFFENDER IS AN ALIEN, HE SHALL BE SUBJECT TO 
DEPORTATION PROCEEDINGS AFTER THE SERVICE OF 
HIS/HER SENTENCE;
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(B) 
ANY 
PER SO N  
W HO 
M A N U FA CTU RES, 
A SSEM B LES, SE L LS, IM PO R T S, D IST R IB U T E S, OR 
O T H E R W IS E  D ISPO SE S ANY M O D E, FO R M , KIND 
OR 
TY PE 
OF 
E L E C T R O N IC , 
M E C H A N IC A L  
OR 
O T H E R  
E Q U IPM E N T  
OR 
D E V IC E  
OR 
T E C H N O L O G Y  NOW  KNOW N OR MAY EIEREA FTER 
BE KNOW N TO SC IE N C E  K N O W IN G  O R HAVING 
REASO N TO  KNOW  TH A T TH E D ESIG N  OF SUCH 
E L E C T R O N IC , 
M E C H A N IC A L , 
OR 
O T H E R  
E Q U IPM E N T , 
D EV IC E 
OR 
T E C H N O L O G Y  
IS 
PR IM A R IL Y  
IN TEN D ED  AND U SEFU L 
FO R THE 
PU R PO SE S STA TED  IN SE C T IO N  1 O F T H IS ACT 
W IT H O U T  
F IR S T  
SEC U R IN G  
TH E 
N ECESSA RY  
A U T H O R IT Y  
OR 
PE R M IT  
SH A LL, 
UPON 
C O N V IC T IO N , 
SU FFER  
TH E 
PE N A LT Y  
OF 
IM PR ISO N M E N T  OF NOT LESS THAN T H R E E  (3) 
YEARS BUT NO T M O RE THAN SIX (6) YEARS AND 
A FIN E O F NOT LESS THAN FIV E (5) HUNDRED 
TH O U SA N D  PESO S BUT NOT EX C EED IN G  TW O  (2) 
M IL L IO N  
PESO S 
W ITH  
TH E 
A C C ESSO R Y  
PE N A LT Y  
OF 
PE R PE T U A L  
A BSO LU TE 
D IS Q U A L IF IC A T IO N  
FR O M  
PU B L IC  
O F F IC E  
IF


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TH E O F FE N D E R  BE A PU B LIC  O F F IC IA L  AT TH E 
T IM E  OF TH E  C O M M ISSIO N  OF TH E O FFE N SE . IF 
T H E  
O F FE N D E R  
IS 
AN A L IEN , 
HE 
SH A LL 
BE 
SU B JE C T  
TO  
D E PO R T A T IO N  
PR O C E E D IN G S 
A FT E R  T H E  SE R V IC E  OF H IS /H E R  SEN TEN C E.
IN 
A D D ITIO N  
TO 
TH E 
PEN A LTY  
IM PO SED  
H E R E IN , 
T H E  
E Q U IPM E N T , 
D EV IC E 
OR 
T E C H N O L O G Y  
TA K EN  
SH A LL 
BE
A U T O M A T IC A L L Y  FO R FE IT E D  IN FA VOR OF TH E 
G O V E R N M E N T ; AND
(C) 
ANY PERSON WHO, HAVING ICNOWLEDGE 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 I 
OF THIS ACT, OWNS OR POSSESSES W ITHOUT ANY 
AUTHORITY 
ANY 
OF 
THE 
ABOVEMENTIONED 
EQUIPMENT, 
DEVICE 
OR 
TECHNOLOGY, 
Ul’ON 
CONVICTION SHALL ALSO SUFFER THE PENALTY AS 
PROVIDED UNDER SECTION 2(B).
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SE C T IO N  5. Section 3 o f Republic Act No. 4200 is also hereby
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amended to read as follow s:
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"SEC. 3. N othing contained in this A ct, how ever, shall 
render it unlaw ful or punishable for any [peace] 
LAW  
E N FO R C E M E N T  
OR 
M IL IT A R Y  
officer, 
who 
is 
authorized by a w ritten order of the Court, to execute any 
o f the A P P L IC A B L E  acts declared to be unlaw ful in the 
two preceding sections in cases involving the crim es of 
treason, espionage, provoking war and disloyalty in case 
o f w ar, piracy, 
m utiny 
in the high seas, 
rebellion, 
conspiracy and proposal to com m it rebellion, inciting to 
rebellion, 
C O U P 
D 'E T A T , 
C O N SP IR A C Y  
AND


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P R O P O S A L  TO  C O M M IT  CO U P D 'E T A T , sedition, 
conspiracy 
to 
com m it 
sedition, 
inciting 
to 
sedition, 
kidnapping 
as 
defined 
by 
the 
R evised 
Penal 
Code, 
R O B B ER Y  IN BAND AS D E FIN ED  AND PE N A L IZ E D  
BY A R T IC L E S  294, 295, 296, 299 AND 302 OF TH E 
R E V ISE D  PEN A L C O D E, B R IG A N D A G E /H IG H W A Y  
R O B B ER Y  
AS 
D E FIN ED  
AND 
PE N A L IZ E D  
BY 
A R T IC L E  306 O F TH E  R EV ISED  PEN A L CO D E AND 
P R E S ID E N T IA L  
D E C R E E  
NO. 
532, 
O T H E R W IS E  
KN OW N 
AS 
T H E  
A N T I-P IR A C Y  
AND 
A N T I­
H IG H W A Y  R O B B ERY  LAW  O F 1974, V IO L A T IO N S 
OF R E P U B L IC  ACT NO. 9165, O T H E R W IS E  KNOW N 
AS T H E  C O M PR E H E N S IV E  D A N G ERO U S DRUGS 
ACT O F 2002, V IO L A T IO N S OF R E PU B L IC  A CT NO. 
9160, AS A M EN D ED , O T H E R W IS E  KNOW N AS TH E 
A N T I-M O N E Y  
LA U N D ER IN G  
A CT 
O F 
2001 
and 
violations o f the Com m onw ealth Act No. 616, punishing 
espionage and other offenses against national security; 
[Provided, That such w ritten order shall only be issued or 
granted upon w ritten application and the exam ination 
under oath 
or affirm ation of the 
applicant and the 
w itnesses he may produce and a show ing: 
(1) that there 
are reasonable grounds to believe that any o f the crim es 
enum erated hereinabove has been com m itted or is being 
com m itted or is about to be com m itted. 
Provided, 
how ever. 
That 
in 
cases 
involving 
the 
offenses 
o f 
rebellion, conspiracy and proposal to com m it rebellion, 
inciting to rebellion, sedition, conspiracy to com m it 
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 com m itted; (2) that there are reasonable grounds to 
believe that evidence w ill be obtained essential to the 
conviction o f any person for, or to the solution of, or to 
the prevention of, any of such crim es; and (3) that there


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Ere no other mesns rendily EVEilnble for obtEining such 
evidence.]
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[The order grnnted or issued shnll specify: (1) the identity 
o f 
the 
person 
or 
persons 
whose 
com m unications, 
conversEtions, discussions, or spoken words are to be 
overheard, intercepted, or recorded and, in the case of 
telegraphic or telephonic com m unications, the telegraph 
line or the telephone num ber involved and its location; 
(2) 
the 
identity 
of the peace 
officer authorized to 
overhear, 
intercept, 
or 
record 
the 
com m unications, 
conversations, 
discussions, or spoken w ords; 
(3) the 
offense or offenses com m itted or sought to be prevented; 
and (4) the period of the authorization. The authorization 
shall be effective for the period specified in the order 
w hich shall not exceed sixty (60) days from the date o f 
issuance o f the order, unless extended or renew ed by the 
court upon being satisfied that such extension or renew al 
is in the public interest.]
[All recordings m ade under court authorization shall, 
w ithin forty-eight hours after the expiration o f the period 
fixed in the order, be deposited w ith the court in a sealed 
envelope or sealed package, and shall be accom panied by 
an affidavit o f the peace officer granted such authority 
stating the num ber o f recordings m ade, the dates and 
tim es covered by each recording, the num ber o f tapes, 
discs, or records included in the deposit, and certifying 
that no duplicates or copies o f the w hole or any part 
th ereo f have been 
m ade, 
or if m ade, that all such 
duplicates or copies are included in the envelope or 
package 
deposited w ith 
the 
court. 
The 
envelope 
or 
package 
so 
deposited 
shall 
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 m otion, w ith due notice
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and opportunity to be heard to the person or persons 
w hose 
conversation 
or 
com m unications 
have 
been 
recorded.]
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[The court referred to in this section shall be understood 
to 
m ean 
the 
C ourt 
o f First 
Instance 
w ithin 
whose 
territo rial ju risd ictio n  the acts for w hich authority is 
applied for are to be executed.]”
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SECTION 6. Republic Act No. 4200 is also hereby amended by inserting
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Sections 3-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, 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, 
DISCUSSION/S, 
DATA,
INFORMATION, MESSAGES IN WHATEVER FORM, KIND 
OR NATURE, SPOKEN OR W RITTEN 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
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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.
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SEC. 
3-B. 
EFFECTIVITY 
PERIOD 
OF 
JUDICIAL 
AUTHORIZATION. - ANY ORDER GRANTED BY THE 
REGIONAL TRIAL COURT SHALL ONLY BE EFFECTIVE 
FOR 
THE 
LENGTH 
OF 
TIME 
SPECIFIED 
IN 
THE 
W RITTEN 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.
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THE AUTHORIZING COURT MAY, UPON APPLICATION, 
EXTEND OR RENEW THE SAID AUTHORIZATION FOR 
ANOTHER NON-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.
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SEC. 3-C. CLASSIFICATION AND CONTENTS OF THE 
COURT 
AUTHORIZATION. 
-  
TEIE 
W RITTEN 
APPLICATION 
TOGETHER 
W ITH 
SUPPORTING 
DOCUMENTS 
SUBMITTED 
AND 
W RITTEN 
ORDER 
GRANTED BY THE AUTHORIZING COURT SHALL BE 
DEEMED AND ARE HEREBY DECLARED AS CLASSIEIED 
INFORMATION.
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THE W RITTEN 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, 
OVERHEAIED 
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 W RITTEN WORDS;
(C) THE CRIME OR CRIMES COMMITTED, OR IS 
BEING COMMITTED, OR SOUGHT TO BE PREVENTED;
(D) THE LENGTH OF TIME W ITHIN W HICH THE 
AUTHORIZATION SHALL BE USED OR CARRIED OUT; 
AND
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(E) 
WHEN 
APPROPRIATE, 
THE 
SPECIFIC 
ASSISTANCE OR COOPERATION NEEDED FROM THE 
TELECOMMUNICATIONS 
OR 
INTERNET 
SERVICE 
PROVIDER.
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IN 
NO 
CASE 
SHALL 
THE 
IDENTITY 
OF 
THE 
AUTHORIZED 
APPLICANT 
BE 
DISCLOSED 
EXCEPT
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UPON W RITTEN 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 W ITHIN 
FORTY-EIGHT (48) HOURS AFTER THE EXPIRATION OF 
ANY 
EXTENSION 
OR 
RENEWAL 
GIMNTED, 
BE 
DEPOSITED WITH THE AUTHORIZING COURT IN A 
SEALED ENVELOPE OR SEALED PACKAGE, AS 
THE 
CASE MAY BE, 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 ABOVE-MENTIONED TAPE, DISC, 
OTHER 
STORAGE 
DEVICE, 
RECORDING, 
NOTE, 
MEMORANDUM, SUMMARY, OR EXCERPTS AND ANY 
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 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
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OFFENDER BE A PUBLIC OFFICIAL AT THE TIME OF 
THE COMMISSION OF THE OFFENSE.
SEC. 
3-E. 
CONTENTS 
OE 
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 MADE IN CONNECTION THEREW ITH; (B) THE 
DURATION OF THE JUDICIAL AUTHORIZATION AND 
THE DATES AND TIMES COVERED BY EACH OF SUCH 
MATERIALS; AND (C) THE NUMBER OF TAPES, DISCS, 
OR OTHER STORAGE DEVICES, RECORDINGS, NOTES, 
MEMORANDA, 
SUMMARIES, 
EXCERPTS 
AND 
ALL 
COPIES MADE IN CONNECTION THEREW ITH 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, 
MEMORANDA, SUMMARIES, AND EXCERPTS, 
HAVE 
BEEN 
MADE, 
OR, 
IE 
MADE, 
THAT 
ALL 
SUCH 
DUPLICATES AND COPIES ARE INCLUDED IN THE 
SEALED ENVELOPE OR SEALED PACKAGE, AS THE 
CASE MAY BE, DEPOSITED WITH THE AUTHORIZING 
COURT.
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SEC. 3-F. DISPOSITION OF DEPOSITED MATERIAL. - THE 
SEALED ENVELOPE OR SEALED PACKAGE AND THE 
CONTENTS THEREOF, W HICH ARE DEPOSITED WITH 
THE AUTHORIZING COURT, SHALL BE DEEMED AND 
ARE HEREBY DECLARED CLASSIFIED INFOIUVIATION, 
AND THE SEALED ENVELOPE OR SEALED PACKAGE 
SHALL NOT BE OPENED AND ITS CONTENTS SHALL 
NOT BE DISCLOSED, REVEALED, READ, REPLAYED, OR
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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 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 
CONFIDENTIAL: PROVIDED FURTHER, TFIAT DELAY IN 
NOTIFICATION SHALL NOT BE LONGER THAN ONE (1) 
YEAR.
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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.
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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
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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, 
DISCUSSION/S, 
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, 
RECORDED AND COLLECTED SHALL NEITHER DETECT 
NOR BE NOTIFIED OF SUCH FACT.
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THE 
RESPONSIBLE 
PERSON/S 
OF 
THE 
TELECOMMUNICATIONS 
OR 
INTERNET 
SERVICE 
PROVIDER 
WHO 
UNJUSTIFIABLY 
REFUSE/S 
TO 
COMPLY W ITH THE ORDER OF THE COURT SHALL BE 
CITED FOR CONTEMPT AND FINED IN AN AMOUNT NOT 
LESS THAN ONE (1) MILLION PESOS BUT NOT MORE 
THAN THREE (3) MILLION PESOS.
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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 W RITTEN ORDER OF THE COURT.”
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SE C T IO N  7. Section 4 of Republic Act No. 4200 is hereby
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amended to read as follow s:
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“SEC. 4. Any PRIVATE communications, CONVERSATIONS, 
DISCUSSION/S, DATA, INFORMATION, MESSAGES IN
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WHATEVER FORM, KIND OR NATURE, or spoken OR 
W RITTEN 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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SECTION 8. Separability Clause. If any provision of this Act shall be
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declared invalid or unconstitutional, the remaining part or provisions not otherwise
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affected shall remain in force.
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SECTION 
9. 
Repealing 
Clause. 
Any 
law, 
decree, 
ordinance,
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administrative circulars not consistent with any provision of this Act is hereby
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amended, repealed or modified accordingly.
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SECTION 10. Effectivity Clause. This Act shall take effect fifteen (15)
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days after its complete publication in the Official Gazette or in at least two (2)
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newspapers of general circulation.
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Approved,
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