Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS

First Regular Session

3043

House Bill No.

—

Introduced by Hon. Rodolfo G. Biazon

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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:

“Section 3. (1) The privacy of communication and
correspondence shall be inviolable except upon lawful order of the
court, or when public safety or order requires otherwise, 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 “An Act To Prohibit and
Penalize Wire Tapping and Other Related Violations of the Privacy of
Communication, and For Other Purposes" remains as the primary implementing
law. It penalizes, among other acts, the unauthorized tapping of any wire or
cable, "or by using any other device 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, events in our recent history show that we need new measures to
protect this sacred right. Merely increasing the penalty for violations seems to
be not enough. New methods must be sought and employed.

This is the principal purpose of this bill. It seeks to regulate the
ownership, possession, sale, use and importation of wiretapping devices and


This is the principal purpose of this bill. It seeks to regulate the
ownership, possession, sale, use and importation of wiretapping devices and
penalize violations thereon. 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 foregoing considerations, the passage of this bill is earnestly
sought.

Lone District, Muntinlupa City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS

First Regular Session

Hoi Bill No. 3043

—_—

Introduced by Hon. Rodolfo G. Biazon

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AN ACT

AMENDING CERTAIN SECTIONS 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” BY INCREASING THE PENALTIES PROVIDED THEREIN AND.
REGULATING 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 ONE. After Section 1 of Republic No. 4200, a new section shall be
inserted which shall read as follows:

"SECTION I-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 PHILIPPINE NATIONAL POLICE,
ARMED FORCES OF THE PHILIPPINES, NATIONAL BUREAU OF
INVESTIGATION, BUREAU OF IMMIGRATION, BUREAU OF
CUSTOMS, OR OTHER LAW-ENFORCEMENT GOVERNMENT
AGENCY. 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 THIS PURPOSE, THE COMMISSION SHALL BE
ALLOWED TO COLLECT REASONABLE REGISTRATION FEES FOR
THE EFFECTIVE IMPLEMENTATION OF THIS ACT.

WITHIN A 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 RE! 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 OTHERWISE 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 AS,
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 IMPLEMENTING
RULES AND REGULATIONS WITHIN NINETY (90) DAYS UPON
APPROVAL OF THIS ACT."

Sec. 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 (P80,000.00) BUT NOT MORE THAN
ONE HUNDRED THOUSAND PESOS (PI00,000.00) AND, IF THE
OFFENDER IS AN ALIEN, HE SHALL BE SUBJECT TO DEPORTATION
PROCEEDINGS.


(B) ANY PERSON 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 (P40,000.00) BUT NOT
MORE THAN SIXTY THOUSAND PESOS (P60,000.00), OR BOTH, AT
THE DISCRETION OF THE COURT.

(C) ANY PERSON WHO IMPORTS OR MANUFACTURES A
WIRETAPPING DEVICE WITHOUT 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) BUT NOT MORE THAN
FORTY THOUSAND PESOS (P40,000.00), OR BOTH, AT THE
DISCRETION OF THE COURT.

(D) ANY PERSON WHO OWNS OR POSSESSES A
WIRETAPPING DEVICE WITHOUT SECURING THE NECESSARY
PERMIT AS STATED IN SECTION I-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 S THAN
TEN THOUSAND PESOS (PIO,000.00) BUT NOT MORE THAN
TWENTY THOUSAND PESOS (P20,000.00), OR BOTH, AT THE
DISCRETION OF THE COURT.

IF THE VIOLATION UNDER THIS SECTION IS COMMITTED
BY OR THROUGH THE COMMAND OR 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 PUBLIC OFFICIAL OR EMPLOYE]
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 DISQUALIFIED FROM HOLDING
ANY PUBLIC OFFICE.

IF THE OFFENSE IS COMMITTED FOR POLITICAL PURPOSES,
THE PENALTY SHALL LIKEWISE BE IN ITS MAXIMUM PERIOD.
ACCOMPLICES SHALL, UPON CONVICTION, BE METED 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
THOUSAND PESOS (P5,000.00) LOWER THAN THE MINIMUM
PRESCRIBED THEREIN.

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

Sec. 3. Funding. — An amount of twenty million pesos (PhP 20,000,000.00) 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 | hereof.

Sec. 4. Separability Clause. — 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.

Sec. 5. Repealing Clause. ~ 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 Act are hereby repealed and/or amended accordingly.

Sec. 6. Effectivity. - 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,