Republic of the Philippines

HOUSE OF REPRESENTATIVE:
QUEZON CITY, METRO MANILA.

SEVENTEENTH CONGRESS.
FIRST REGULAR SESSION

REGISTRATION UNIT
BILLS ANU INDEX SERVICIZ

HOUSE BILLNO.___ 289

Introduced by Honorable Michael Odylon L. Romero

EXPLANATORY NOTE

The right to be secure 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 spoken, written or electronic.

The privacy of communication and correspondence, as mandated by Article 111,
Section 3(1) of the 1987 Constitution, is further strengthened with the enactment of
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" which
prohibited and penalized wire-tapping. However, it must be stressed that said law
particularly Section 3 thereof provided several exceptions to the prohibitions

Under 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 of terrorism and conspiracy to
commit terrorism in the instances where wiretapping 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 that have
wrecked 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 endanger the life and welfare of the
Filipino people particularly the youth. The present peace and order situation gives
testament to this fact and thus, it is imperative for us to revisit RA 4200 so as to further
enhance its effectiveness.

In fine, this proposed bill therefore seeks to add the violations of Republic Act 9165,
otherwise known as the Comprehensive Dangerous Drugs Act of 2002 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 not to tie the hands of our
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.

‘L ODYLON L, ROMERO
tative


Republic of the Philippines
HOUSE OF REPRESENTATIVES
QUEZON CITY, METRO MANILA

SEVENTEENTH CONGRESS,
FIRST REGULAR SESSION

HOUSE BILL NO. 289

Introduced by Honorable Michael Odylon L. Romero

AN ACT AMENDING SECTION 3 OF REPUBLIC ACT NO, 4200, OTHERWISE
KNOWN AS AN ACT TO PROHIBIT AND PENALIZE WIRE TAPPING OTHER
RELATED VIOLATIONS OF THE PRIVACY OF COMMUNICATION, AND
FORD OTHER PURPOSES

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

Section 1. The first paragraph of 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 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, violations of Commonwealth Act No.
616, punishing espionage and other offenses against national security, and violations of
Republic Act No. 9165 or the Comprehensive Dangerous Drugs Act of 2002, and its
amendatory laws: 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.”


Section 2. 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.