Republic of the Philippines  
HOUSE OF REPRESENTATIVES 
QUEZON CITY 
19TH CONGRESS 
First Regular Session 
HOUSE BILL NO. _____ 
Introduced by Representative Michael L. Romero 
EXPLANATORY NOTE 
The advent of the Hello Garci controversy did not only expose the 
propensity of the people in power to perpetuate themselves in office through 
election rigging, but more importantly, it exposed the reality that our lines of 
communication are never secured from the prying eyes or ears of certain 
personalities whose motives, though doubtful, are certainly evil. 
We can never live in a society of limited freedom where we are always 
mindful that what we say or do are being watched. Privacy is a guaranteed right 
and our laws should be designed to facilitate, if not, protect the same. But it 
must be done in harmony with the need to secure public order and the safety of 
the general public. In this light, this bill proposes to increase the penalties for 
acts violating one's privacy and likewise, widens the scope of criminal acts where 
wiretapping may be allowed so as much secure and safe society may be 
guaranteed. 
This measure also proposes to update the description of wiretapping 
equipment which was limited then to an era more than fifty years ago. Moreso, 
this proposal recognizes that these monitoring and recording technologies are 
readily available to public telecommunication entities, thus, this measure looks 
to prohibit them from keeping records of voice and data communications passing 
through their system thereby making said act criminal. 
This proposed bill was filed in the 17th and 18th Congress, underwent 
thorough deliberations and was subsequently passed on the Third Reading.  
Hence, immediate passage of this measure is earnestly prayed for. 
MICHAEL L. ROMERO Ph.D. 
July 1, 2022 
11:20 am
837


      Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
QUEZON City 
19TH CONGRESS 
First Regular Session 
HOUSE BILL NO. _____ 
Introduced by Representative Michael L. Romero 
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 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
SECTION 1. Section 1 of Republic Act No. 4200 is hereby amended to read as 
follows: 
"Section 1. It shall be unlawful for any person, not being 
authorized by[all] ANY [the] part[ies] to any ORAL, WIRE, RADIO, 
DIGITAL OR ELECTRONIC private communication [or spoken 
word], to tap [any wire or cable, or by using any other device or 
arrangement, to secretly overhear,] intercept [,l or record such 
communication [or spoken word by using a device commonly 
known as dictaphone or dictagraph or walkie-talkie or tape 
recorder, or however otherwise described:] WITH THE USE OF 
ANY ELECTRONIC, MECHANICAL, DIGITAL OR ANALOG PHONE 
SYSTEM, OR SIMILAR DEVICES. 
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 such record, or copies thereof, of any ORAL, WIRE, 
RADIO, DIGITAL OR ELECTRONIC PRIVATE communication [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 
837


offenses mentioned in Section 3 hereof, shall not be covered by 
this prohibition." 
SECTION 2. Section 2 of Republic Act No. 4200 is hereby amended to read as 
follows: 
"Section 2. Any person who willfully or knowingly does or who 
shall 
aid, permit, or cause to be done any of the acts declared 
to be unlawful in the preceding section or who violates the violates 
the provisions of the 
following section or 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 lor 
more than six years] TO A MAXIMUM OF SIX (6) YEARS 
IMPRISONMENT WITHOUT THE BENEFIT OF PROBATION, and 
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, and, if the offender is an alien he 
shall be subject to deportation proceedings AFTER SERVICE OF 
SENTENCE." 
SECTION 3. Section 3 of Republic Act No. 4200 is hereby amended to read as 
follows: 
"Section 3. Nothing contained in this Act, however, shall render it 
unlawful or punishable for any peace OR LAW ENFORCER 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, COUP DIETAT, 
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 AND 
PRESIDENTIAL DECREE NO. 532, OTHERWISE KNOWN AS THE 
"ANTI-PIRACY AND ANTIHIGHWAY ROBBERY LAW OF 1974", 
VIOLATION OF REPUBLIC 
ACT NO. 9165, OTHERWISE KNOWN AS THE "COMPREHENSIVE 
DANGEROUS DRUGS ACT OF 2002", AS AMENDED, VIOLATION OF 
REPUBLIC ACT NO. 3019 OR THE "ANTI-GRAFT AND CORRUPT 
PRACTICES 
ACT", 
SYNDICATED 
ILLEGAL 
RECRUITMENT 
AS 
DEFINED AND PUNISHED UNDER REPUBLIC ACT NO. 8042, OR THE 
"MIGRANT WORKERS AND OVERSEAS FILIPINOS ACT OF 1995", AS 
AMENDED, VIOLATIONS OF  REPUBLIC ACT NO. 9160, OTHERWISE 
KNOWN AS THE "ANTIMONEY LAUNDERING ACT OF 2001", AS 
AMENDED, 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 
explanation 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 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 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 offense or 
offenses committed or sought to be prevented; and (4) the period 
of authorization. The authorization [shall be effective for the period 
specified in order which shall not exceed sixty (60) days from the 
date of issuance of the order, unless extended or renewed by the 
court upon being satisfied that such extension or renewal is in the 
public interest.] MAY BE EXTENDED OR RENEWED FOR 
ANOTHER NINETY (90) DAYS FROM THE EXPIRATION OF THE 
ORIGINAL PERIOD, SUBJECT TO RENEWAL: PROVIDED, 
FURTHER, THAT THE APPLICATION FOR EXTENSION OR 
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] TEN DAYS 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 numbers 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 duplicated 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 INCLUDE 
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 upon motion, with due notice and 


opportunity to be heard to the person or persons whose 
conversation or communications have been recorded. 
ANY RECORDING AUTHORIZED BY WRITTEN ORDER OF ANY 
COURT SHALL NOT BE ADMISSIBLE IN EVIDENCE AGAINST ANY 
PERSON WHO IS A PARTY TO THE COMMUNICATION, 
CONVERSATION, DISCUSSION, OR SPOKEN WORD m-11CH 
ARE OVERHEARD, INTERCEPTED, OR RECORDED, IF THE 
PERSON'S IDENTITY IS NOT SPECIFIED IN SUCH WRITTEN 
ORDER AS REQUIRED IN THE SECOND PARAGRAPH OF THIS 
SECTION. THE NAME AND PERSONAL CIRCUMSTANCES OF 
SUCH PERSON, OR ANY OTHER INFORMATION WHICH TEND 
TO ESTABLISH THE PERSON'S IDENTITY SHALL NOT BE 
DISCLOSED TO THE PUBLIC. 
ANY PERSON, POLICE OR LAW ENFORCEMENT OFFICER WHO 
VIOLATES ANY OF THE ACTS PRESCRIBED IN THE PRECEEDING 
PARAGRAPHS SHALL SUFFER THE PENALTY OF NOT LESS THAN SIX 
(6) MONTHS TO SIX (6) YEARS IMPRISONMENT. 
The court referred to in this section shall be understood to 
mean the [Court of First Instance] REGIONAL TRIAL COURT 
within whose territorial jurisdiction the acts of which 
authority is applied for are to be executed." 
SECTION 4. A new section to be known as Section 3-A shall be inserted to 
read as follows: 
"SECTION 3-A. IT SHALL BE LIKEWISE UNLAWFUL FOR PUBLIC 
TELECOMMUNICATION 
ENTITIES 
AND 
OTHER 
SIMILAR 
ENTERPRISES ENGAGED IN THE BUSINESS OF VOICE AND 
DATA TRANSMISSION THROUGH WIRE, RADIO, DIGITAL OR 
ELECTRONIC MEANS, TO RETAIN FOR MORE THAN ONE (1) 
YEAR RECORDS OF VOICE AND DATA, WHICH ARE NOT THE 
SUBJECT OF ANY PENDING CASE, INCLUDING INFORMATION 
ON THE IDENTITY OF THE PARTIES, ORIGIN, DESTINATION, 
DATE, TIME AND DURATION OF THE COMMUNICATION UNLESS 
OTHERWISE 
ORDERED 
BY 
A 
COURT 
OF 
COMPETENT 
JURISDICTION FOR PURPOSES ALLOWED UNDER SECTION 3 
OF THIS ACT. 
ANY PERSON VVHO WILFULLY OR KNOWINGLY VIOLATES THE 
PROHIBITION HEREIN PRESCRIBED OR WHO AIDS, PERMITS, 
OR CAUSES SUCH VIOLATION SHALL, UPON CONVICTION 
THEREOF, BE PUNISHED BY IMPRISONMENT OF NOT LESS 
THAT SIX (6) YEARS BUT NOT MORE THAN TWELVE (12) YEARS 
AND A FINE OF ONE MILLION PESOS (PHP 1,000,000.00), AND 
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: PROVIDED, THAT IF THE PERSON WHO 
COMMITS THE VIOLATION IS AN ALIEN, THE PERSON SHALL 


BE SUBJECT TO DEPORTATION PROCEEDINGS AFTER SERVICE 
OF SENTENCE." 
SECTION 5. SEPARABILITY CLAUSE. — Should any provision of 
this Act or any part thereof be declared invalid, the other provisions, 
insofar as they are separable from the invalid one, shall remain in 
full force and effect. 
SECTION 6. REPEALING CLAUSE. — All laws, orders, issuance, rules 
and regulations or parts thereof inconsistent with this Act are hereby 
repealed or modified accordingly. 
SECTION 7. EFFECTIVITY. — This Act shall take effect fifteen (15) days after 
its publication in the Official Gazette or in a newspaper of general circulation. 
Approved,