Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Congressional Hills, Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 3906

Introduced by Representative Leopoldo “Pol” N. Bataoil

EXPLANATORY NOTE

Article II, Section 5 of the 1987 Constitution of the Republic of the Philippines states
that, “the maintenance of peace and order, the protection of life, liberty, and property, and
promotion of the general welfare are essential for the enjoyment by all the people of the
blessings of democracy.”

Dangerous drugs had been syndicated into the country for a long time, under the control
of local and even international organized drug groups. Abuse of these substances, including but
not limited to, cannabis or marijuana and methamphetamine or shabu, had been a proven cause
of long-lasting, even permanent, damages to a person’s body and brain,

Even before the Sinaloa Cartel, one of the world’s most powerful drug-trafficking
organizations, had ventured into the Philippine territory, the government had been seriously
dealing with dangerous drugs and illegal trafficking.Agencies wereestablished to supervise the
investigation, operation, and prosecution of members of local and international drug syndicates.
Laws were also enacted and amended as the drugs problem continues to worsen inexorably yeer

after year.

Philippine Drug Enforcement Agency (PDEA) Director General Arturo Ca Jr. urged

the Philippine Congress to enact a law allowing them to wiretap individuals suspected to be
involved in the illegal drug trade. He claimed that at least 98% of wiretapping activities in the
US are related to monitoring illegal drug trades, and that the drug situation in the country will get

better if the people behind the trade are immediately neutralized.


‘The existing law on wire-tapping, Republic Act No. 4200, also known as the Anti-Wire-
tapping Act, authorizes wire-tapping on certain crimes through a written Court order. The
crimes, however, do not include illegal drug trafficking or any similar offenses. Also, the
procedure in handling intercepted materials had not been provided in the unamended legislation
Thus, this bill seeks to amend some provisions of Republic Act 4200and address the immediate
issues on the proliferation of dangerous drugs and more importantly of drug syndicates in the
country.

In view of the foregoing, the immediate approval of this bill is eamestly sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Congressional Hills, Quezon City

SIXTEENTH CONGRESS
First Regular Session

3908

HOUSE BILL NO.

Introduced by Representative Leopoldo “Pol” N. Bataoil

AN ACT
AMENDING 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.

SECTION 1. The following provisions of RA 4200 are hereby amended to read as follows:

Section 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, sedition, conspiracy to
commit sedition, inciting to sedition, kidnapping as defined by the Revised Penal
Code, ILLEGAL DRUG TRAFFICKING AS DEFINED BY REPUBLIC

ACT NO, 9165, and violations of 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.

The order granted or issued shall specify: (1) the identity of the person or

persons whose communications, conversations, discussions, or spoken words are
to be overheard, intercepted, or recorded and, in the case of telegraphic or
telephonic communications, the telegraph line or the telephone number involved
and its location; (2) the identity of the peace officer authorized to overhear,
intercept, or record the communications, conversations, discussions, or spoken
words; (3) the offfense or offenses committed or sought to be prevented; and (4)
the period of the authorization; AND (5) THE MODE, FORM, KIND OR
TYPE OF ELECTRONIC OR OTHER SURVEILLANCE EQUIPMENT
OR INTERCEPTING AND TRACKING DEVICES TO BE US

authorization shall be effective for the period specified in the order which shall

The

not exceed sixty (60) days from the date of issuance of the order.-untess-extended

ed-by-th pon-being-satisfied-that-such-extensi bis
the public interest:

AUTHORIZATION MAY BE EXTENDED OR RENEWED FOR
ANOTHER THIRTY (0) DAYS FROM THE EXPIRATION OF THE
ORIGINAL PERIOD: PROVIDED, THAT THE COURT IS SATISFIED
THAT SUCH EXTENSION OR RENEWAL IS IN THE PUBLIC
INTEREST; PROVIDED, FURTHER, THAT THE APPLICATION FOR
EXTENSIONOR RENEWAL IS FILED BY THE ORIGINAL
APPLICANT, OR IN CASE OF PHYSICAL OR MENTAL DISABILITY
OR DEATH, A MEMBER OF THE TEAM NAMED IN THE ORIGINAL
ORDER OF THE AUTHORIZATION.



All recordings made under court authorization shall, within forty-eight
hours after the expiration of the period fixed in the order, be deposited with the
court in a sealed envelope or sealed package, and shall be accompanied by an
affidavit of the peace officer granted such authority stating the number of
recordings made, the dates and times covered by each recording, the number of
tapes, discs, or records included in the deposit, and certifying that no duplicates or
copies of the whole or any part thereof have been made, or if made, that all such
duplicates or copies are included in the envelope or package deposited with the
court, IT SHALL BE UNLAWFUL FOR ANY PERSON, POLICE OR LAW
ENFORCEMENT OFFICIAL TO OMIT OR EXCLUDE FROM THE
AFFIDAVIT ANY ITEM OR PORTION ABOVEMENTIONED.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 motion, with due notice and opportunity
to be heard to the person or persons whose conversation or communications have
been recorded.

The court referred to in this section shall be understood to mean the
REGIONAL TRIAL COURT within whose territorial jurisdiction the acts for
which authority is applied for are to be executed.

ANY PERSON, POLICE OR LAW ENFORCEMENT OFFICER
WHO VIOLATES ANY OF THE ACTS PRESCRIBED IN THE
PRECEDING PARAGRAPHS SHALL SUFFER THE PENALTY OF NOT
LESS THAN SIX (6) MONTHS TO SIX (6) YEARS OF IMPRISONMENT,

SECTION 2.Amending Clause. ~ Republic Act No. 4200 is hereby amended

accordingly.

SECTION 3.£ffectir

— This Act shall take effect fifteen (15) days after its publi

in the Official Gazette or in two (2) national newspapers of general circulation.

Approved,