Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasang Pambansa, Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. _ 2873

Authored by Hon. JOSEPH VICTOR G. EJERCITO

EXPLANATORY NOTE

The right to the privacy of communication and correspondence is
enshrined in the Constitution in Section 3 of Article III which reads as
follows: Section3, (1) The privacy of communication and
correspondence shall be inviolable except upon lawful order of the
court, or when public safety or order requires otherwisé, as prescribed
by law. (2) Any evidence obtained in violation of this or the preceding
section shall be inadmissible for any purpose in any proceeding.

To this end, Republic Act No. 4200 entitled “Act to Prohibit and
Penalize Wire Tapping and Other Related Violations of the Privacy of
Communication and for other Purposes” remains as primary
implementing law. It penalizes, among other acts, the unauthorized of
any wire or cable, “or by using any other devise or arrangement, to
secretly overhear, intercept, or record such communication or spoken
word x x x.”

While the law is still an effective tool in enforcing the
constitutional proscription, recent events show that we need new
measures to protect this sacred right. Merely increasing the penalty or
violations seems to be not enough. New methods must be sought and
employed.

The principal purpose of this bill is to regulate the ownership,
Possession, sale, use and importation of wiretapping devices and
violations thereon shall be meted with corresponding penalty. The
rationale is that such devices, while not absolutely prohibited, should
be owned, possessed, sold, imported or used by those who are
deemed qualified by the law. Thus, another layer of protection is
afforded because then, before a person could get a court order to use
a wiretapping device, he must first be qualified to own or use the
same.

With the forgoing considerations, the passage of this bill is
earnestly sought. j -

JOSEPH VICTOR G. EJERCITO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasang Pambansa, Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 2873

Authored by Hon. JOSEPH VICTOR G. EJERCITO

AN ACT *
AMENDING CERTAIN SECTIONS OF REPUBLIC NO.
4200, OTHERWISE KNOWN AS ‘AN ACT TO PROHIBIT
AND PENALIZE WIRE TAPPING AND OTHER RELATED
VIOLATIONS OF THE PRIVACY OC COMMUNICATION,
AND FOR OTHER PURPOSES’ BY INCREASING THE
PENALTIES PROVIDED THEREIN AND REGUALTING
THE OWNERSHIP, POSSESSION, SALE, IMPORTATION
AND USE OF WIRETAPPING DEVICES, PROVIDING
PENALTIES FOR VIOLATIONS THEREOF, PROVIDING
FUNDS THEREFOR, AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled:

SECTION 1. After Section 1 of Republic No. 4200, a new
section shall be inserted which shall read as follows:

“SECTION 1-A WIRETAPPING DEVICES SHALL ONLY BE
SOLD AND/OR IMPORTED BY MANUFACTURERS OR DEALERS.
DULY AUTHORIZED BY THE NATIONAL TELECOMMUNICATIONS
COMMISSION, HEREINAFTER REFERRED TO AS THE
COMMISSION. THE COMMISSION IS HEREBY AUTHORIZED TO
ISSUE PERMITS, UPON APPLICATION, TO POSSESS AND/OR USE
WIRETAPPING DEVICES TO THE PHILLIPNES NATIONAL POLICE,
ARMED FORCES OF THE PHILIPPINES, NATIONAL BUREAU OF
INVESTAGATION, BUREAU OF IMMIGRATION, BUREAU OF
CUSTOMS, OR OTHER LAW-ENFORCEMENT GOVERNMENT
AGENCIES, OTHER AGENCIES OF THE GOVERNMENT THAT
SHALL USE WIRETAPPING DEVICES IN SOME ASPECTS OF THEIR
FUNCTIONS, NOT OTHERWISE PROHIBITED BY LAW, MUST
LIKEWISE SECURE THE NECESSARY PERMIT FROM THE
COMMISSION BEFORE OPERATING THE SAME.

EVERY PERMIT TO POSSESS AND/OR USE A WIRETAPPING
DEVICE SHALL BE VALID FOR TWENTY-FOUR (24) MONTHS
UPON ISSUANCE. FOR THESE PURPOSE, THE COMMISSION


SHALL BE ALLOWED TO COLLECT REASONABLE REGISTRATION
FEES FOR THE EFFECTIVE IMPLEMENTATION OF THIS ACT.

WITHIN THE PERIOD OF SIX (6) MONTHS FROM THE
EFFECTIVITY OF THIS ACT, ALL PERSONS OTHER THAN THOSE
MENTIONED IN THE SECOND PARAGRAPH HEREOF WHO OWN
OR ARE OTHERWISE IN POSSESSION OF SUCH WIRETAPPING
DEVICES MUST SURRENDER THE SAME TO THE COMMISSION.,
THROUGH ANY OF ITS REGIONAL OFFICES, FOR PROPER
INDEMNIFICATION. THE COMMISSION IS HEREBY AUTHORIZED.
TO FORMULATE AN INDEMNIFICATION SCHEME FOR THE
SURRENDERED WIRETAPPING DEVICES.

FOR PURPOSES OF THIS SECTION, “WIRETAPPING DEVICE
OR DEVICES” SHALL REFER TO ANY WIRE OR CABLE, OR ANY
OTHER DEVICE OR ‘ARRANGEMENT, PRIMARILY USED TO
SECRETLY OVERHEAR, INTERCEPT, OR RECORD ANY
COMMUNICATION OR SPOKEN WORD SUCH AS, BUT NOT
LIMITED TO, A DEVICE COMMONLY KNOWN AS A DICTAPHONE
OR DICTAGRAPH OR DETECTAPHONE OR WALKIE-TALKIE OR
TAPE RECORDER, OR HOWEVER OTEHRWISE DESCRIBED. THE
TERM SHALL NOT INCLUDE THOSE ELECTRONIC EQUIPMENT OR
DEVICES WHOSE VOICE OR SOUND RECORDING FUNCTION IS
ONLY INCIDENTAL OR IS NOT ITS PRINCIPAL FUNCTION SUCH
A, BUT NOT LIMITED TO, STEREOS, CASSETTE RECORDERS,
CELLULAR PHONES, AND THE LIKE.

TO EFFECTIVELY IMPLEMENT THE PROVISIONS OF THIS
ACT, THE COMMISSIONER SHALL ISSUE THE EMPLEMENTING
RULES AND REGULATIONS WITHIN NINETY (90) DAYS UPON
APPROVAL OF THIS ACT.”

SECTION 2. Section 2 thereof shall be deleted and a new
Section 2 shall be inserted and which shall read as follows:
“SECTION 2 PROHIBITED ACTS. - “(A). ANY PERSON WHO.
WILFULLY OR KNOWINGLY DOES OR WHO SHALL AID, PERMIT, OR
CAUSE TO BE DONE ANY OF THE ACTS DECLARED TO BE UNLAWFUL
IN SECTION 1 HEREOF SHALL, UPON CONVICTION THEREOF, BE
PUNISHED BY RECLUSION TEMPORAL IN ITS MINIMUM PERIOD TO ITS
MEDIUM PERIOD WITH ITS ACCESSORY PENALTIES OR A FINE OF NOT
LESS THAN EIGHTY THOUSAND PESOS (80,000.00) BUT NOT MORE
THAN ONE HUNDRED THOUSAND PESOS (100,000.00) AND, IF THE
OFFENDER IS AN ALIEN, HE SHALL BE SUBJECT TO DEPORTATION
PROCEEDINGS.

(B) ANY PERSONS WHO SELLS, PURCHASES, TRANSFERS THE
OWNERSHIP, DISTRIBUTES, OR OTHERWISE DISPOSES OR
POSSESSES A WIRETAPPING DEVICE WITHOUT FIRST SECURING THE
NECESSARY PERMIT FROM THE COMMISSION SHALL BE PUNISHED
WITH IMPRISONMENT OF PRISION MAYOR IN ITS MINIMUM PERIOD
TO ITS MAXIMUM PERIOD OR A FINE OF NOT LESS THAN FORTY
THOUSAND PESOS (40,000.00) BUT NOT MORE THAN SIXTY
THOUSAND PESOS (60,000.00), OR BOTH, AT THE DISCRETION OF
THE COURT.


(C) ANY PERSON WHO IMPORTS OR MANUFACTURES A WIRETAPPING
DEVICE WIHTOUT OBTAINING PRIOR AUTHORIZATION FROM THE
COMMISSION SHALL BE PUNISHED WITH IMPRISONMENT OF PRISION
CORRECCIONAL IN ITS MEDIUM PERIOD TO ITS MAXIMUM PERIOD OR
A FINE OF NOT LESS THAN TWENTY THOUSAND PESOS (20,000.00)
NOT NOT MORE THAN FORTY THOUSAND PESOS (40,000.00), OR
BOTH, AT THE DISCRETION OF THE COURT.

(D) ANY PERSONS WHO OWNS OR POSSESSES A WIRETAPPING
DEVICE WITHOUT SECURING THE NECESSARY PERMIT AS STATED IN
SECTION 1-A HEREOF, OR WHOSE PERMIT THEREFOR HAS EXPIRED,
SHALL BE PUNISHED WITH IMPRISONMENT OF  PRISION
CORRECCIONAL IN ITS MINIMUM PERIOD TO ITS MEDIUM PERIOD OR
A FINE OF NOT LESS THAN TEN THOUSAND (10,000.00) BUT NOT
MORE THAN TWENTY THOUSAND (20.000.00), OR BOTH, AT THE
DISCRETION OF THE COURT.

IF THE VIOLATION UNDER THIS SECTION IS COMMITTED BY OR
THROUGH THE COMMANDOR ORDER OF ANOTHER PERSON,
PARTNERSHIP OR CORPORATION, THE PENALTIES HEREIN PROVIDED
SHALL LIKEWISE BE IMPOSED ON SUCH OTHER PERSON, OR THE
RESPONSIBLE OFFICER OR OFFICERS OF SUCH PARTNERSHIP OR
CORPORATION.

IF THE OFFENDER IS A OUBLIC OFFICIAL OR EMPLOYEE AND.
THE OFFENDED PARTY IS A PRIVATE PERSON, OR IF THE OFFENSE IS
COMMITTED FOR POLITICAL PURPOSES, THE PENALTY SHALL BE IN
ITS MAXIMUM. IN CASE THE OFFENDER IS A PUBLIC OFFICIAL OR
EMPLOYEE, HE SHALL BE REMOVED FROM OFFICE AND PERPETUALLY
DISQUIALIFIED FROM HOLDING ANY PUBLIC OFFICE.

IF THE OFFENSE IS COMMITTED FOR POLITICAL PURPOSES, THE
PENALTY SHALL LIKEWISE BE IN ITS MAXIMUM PERIOD.
ACCOMPLICIES SHALL, UPON CONVICTION, BE METE THE PENALTY
EQUIVALENT TO THE MINIMUM IMPOSABLE PENALTY THEREIN
PROVIDED. ACCESSORIES SHALL BE METED THE PENALTY WHICH IS
EQUIVALENT TO THE [PERIOD NEXT LOWER TO THE MINIMUM
PENALTY, WHILE THE FINE THEREFOR IS FIVE TOUSAND (5,000)
PESOS LOWER THAN THE MINIMUM PRESCRIBED THEREIN.

THE CONFISCATED OR SURREDERED WIRETAPPING DEVICES
UNDER THIS ACT SHALL BE DESTROYED BY THE PHILLIPINE
NATIONAL POLICE IN PUBLIC VIEW AND A REPORT THEREON SHALL
BE SUBMITTED TO THE COMMISSION.”

SECTION 3. An amount of twenty million pesos (Php
20,000.00) to be charged against the savings under the current
appropriations of the Department of Transportation and
Communication (DOTC) is hereby allocated for the indemnification
scheme stated in Section 1 hereof.

SECTION 4. If, for any reason, any part or provision of this Act
shall be declared as unconstitutional or invalid, such parts or
provisions not affected thereby shall remain in full force and effect


SECTION 5. All laws, executive orders, presidential decrees,
letters of instruction, rules and regulations, or parts thereof which are
inconsistent with any of the provisions of this Acts are hereby repealed
and/or amended accordingly.

SECTION 6. This Act shall take effect fifteen (15) days after its

complete publication in the. Official Gazette or in at least two (2)
national newspapers of general circulation.

Approved,