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FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
Third Regular Session 
) 
SENATE 
Senate Bill No. 33 41 
(In Substitution of Senate Bill No. 112) 
Introduced by Senator Gregorio B. Honasan II 
AN ACT 
, ! Ii 
AUTHORIZING THE WIRETAPPING, INTERCEPTION AND RECORDING OF 
COMMUNICATIONS AND SURVEILLANCE OF PUSHERS, MANUFACTURERS, 
IMPORTERS AND FINANCIERS OF DANGEROUS DRUGS, AMENDING FOR THE 
PURPOSE REPUBLIC ACT NO.9165, AND FOR OTHER PURPOSES 
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Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Republic Act No. 9165, otherwise known as the Comprehensive 
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Dangerous Drugs Act of 2002, is hereby amended by inserting Sections 26-A to 26-1, as 
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follows: 
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"Sec. 26 - A. Wiretapping, Interception and Recording of 
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Communications and Surveillance. - The provisions of Republic Act 
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No. 4200 (Anti-Wire Tapping Law) to the contrary notwithstanding, the 
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PDEA Director General, the Chief of the PNP, or the NBI Director may 
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authorize teams of the PDEA, PNP or NBI operatives respectively, 
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composed of a leader and members for each team, to submit ex-parte 
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applications for the issuance of written orders from special divisions of the 
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Court of Appeals, to wiretap, intercept, listen to and record, with the use of 
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any mode, form, kind or type of electronic or other equipment or device or 
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with the use of any other suitable ways and means for that purpose, 
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communications, messages, conversations, discussions, or spoken or 
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written words, or to surveil or track, with the use of 
surveillance 
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equipment or tracking devices, the movement and activities of any person, 
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against whom the existence of probable cause is established to have 
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violated Sec. 4, Sec. 5 or Sec. 8. of this Act. 
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Sec. 26 - B. Issuance of Judicial Order. - The written order of the 
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authorizing division of the Court of Appeals to wiretap, intercept, listen to 
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and record communications, messages, conversations, discussions, or 
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spoken or written words, or to surveil or track the movement or activities of 
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any person against whom the existence of probable cause is established 
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to have violated Sec. 4, Sec. 5 or Sec. 8 of this Act shall only be issued 
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and granted upon ex-parte examination under oath or affirmation of the 
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applicant and the witnesses he may produce to establish: (a) that there is 
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probable cause to believe based on personal knowledge of facts or 
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circumstances that any of the said crimes under Sec. 4, Sec. 5 or Sec. 8 


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of this Act has been committed, or is being committed, or is about to be 
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committed; (b) that there is probable cause to believe based on personal 
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knowledge of facts or circumstances that evidence which is essential to 
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the conviction of the person against whom the existence of probable 
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cause is established to have violated Sec. 4, Sec. 5 or Sec. 8 of this Act 
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will be obtained, or that evidence which is essential to the solution or 
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prevention of any such crimes will be obtained; and, (c) that there are no 
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other effective means readily available for acquiring such evidence. 
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Sec. 26 - C. Effective Period of Judicial Authorization. - Any 
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Order granted by the authorizing division of the Court of Appeals shall only 
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be effective for the length of time specified in the written order of the 
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authorizing division of the Court of Appeals, which shall not exceed a 
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period of thirty (30) days from the date of receipt of the written order of the 
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authorizing division of the Court of Appeals by the applicant PDEA, PNP 
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or NBI official or agent. 
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The authorizing division of the Court of Appeals may extend or 
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renew the said authorization for another non-extendible period, which shall 
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not exceed thirty (30) days from the expiration of the original period: 
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Provided, That the authorizing division of the Court of Appeals is satisfied 
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that such extension or renewal is in the public interest: Provided, further, 
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That the ex parte application for extension or renewal, which must be filed 
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by the original applicant, has been duly authorized in writing by the PDEA 
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Director General, the Chief of the PNP, or the NBI Director, as the case 
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may be. 
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In case of death, physical disability, resignation or cessation from 
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office of the original applicant to file the application for extension or 
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renewal, the one next-in-rank to the original applicant among the members 
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of the team named in the original written order of the authorizing division 
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of the Court of Appeals shall file the application for extension or renewal: 
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Provided, That the applicant PDEA, PNP or NBI official shall have thirty 
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(30) days after the termination of the period granted by the authorizing 
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division of the Court of Appeals as provided in the preceding paragraphs 
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within which to file the appropriate case before the Public Prosecutor's 
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Office for any violation of Sec. 4, Sec. 5 or Sec. 8 of this Act. 
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If no case is filed within the thirty (30)-day period, the authorizing 
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division of the Court of Appeals and the PDEA Director General, the Chief 
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of the PNP, or the NBI Director, as the case may be shall immediately 
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notify the against whom the person the written order of wiretapping, 
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interception, recording, surveillance or tracking was issued of the 
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termination of the said wiretapping, interception, recording, surveillance or 
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tracking and deliver to him all the tapes, discs, recordings, notes, 
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memoranda, summaries, excerpts and all copies thereof made pursuant to 
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the order of the authorizing division of the Court of Appeals. 
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Sec. 26 - D. Classification and Contents of the Order of the 
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Court of Appeals. - The written order granted by the authorizing division 
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of the Court of Appeals as well as its order, if any, to extend or renew the 
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same, the original application of the applicant, including his application to 
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extend or renew, if any, and the written authorizations of the PDEA 
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Director General, the Chief of the PNP, or the NBI Director shall be 
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deemed and are hereby declared as classified information. The written 
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order of the authorizing division of the Court of Appeals shall specify the 
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following: (a) the identity, such as name and address, if known, of the 
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person whose communications, messages, conversations, discussions, or 
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spoken or written words are to be wiretapped, intercepted, listened to and 
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recorded or whose movement and activities are to be surveilled and 
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tracked and, in the case of radio, electronic, or telephonic (whether 
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wireless 
or 
otherwise) 
communications, 
messages, 
conversations, 
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discussions, or spoken or written words, the electronic transmission 
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systems and/or the telephone numbers to be wiretapped, intercepted, 
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listened to, recorded, surveilled or tracked and their locations; (b) the 
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identity (name and unit) of the PDEA, PNP or NBI team leader, including 
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the individual identity (names and unit) of the members of his team, 
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judicially authorized to wiretap, intercept, listen to, and record the 
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communications, messages, conversations, discussions, or spoken or 
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written words and to surveil and track the movement and activities; (c) the 
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offense or offenses committed, or being committed, or sought to be 
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prevented; and, (d) the length of time within which the authorization shall 
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be used or carried out. 
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Sec. 
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E. 
Custody of Intercepted 
and Recorded 
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Communications. -
All tapes, discs, recordings, notes, memoranda, 
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summaries, excerpts and all copies thereof made pursuant to the order of 
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the authorizing division of the Court of Appeals, shall, within forty-eight 
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(48) hours after the expiration of the period fixed in the written order of the 
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authorizing division of the Court of Appeals or within forty-eight (48) hours 
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after the expiration of any extension or renewal granted by the authorizing 
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division of the Court of Appeals, be deposited with the authorizing Division 
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of the Court of Appeals in a sealed envelope or sealed package, as the 
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case may be, and shall be accompanied by a jOint affidavit of the applicant 
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PDEA, PNP or NBI official and the members of his team. 
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In case of death, physical disability, resignation or cessation from 
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office of the applicant to execute the required affidavit, the one next-in-
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rank to the applicant among the members of the team named in the 
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written order of the authorizing division of the Court of Appeals shall 
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execute with the members of the team the required joint affidavit. 
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Any public officer who, without authority, removes, conceals, or 
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destroys any of the above-mentioned tape, disc, recording, note, 
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memorandum, summary, or excerpts and any copy thereof shall be liable 
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under Article 226 of the Revised Penal Code. 
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Any public officer who, without authority, reveals any of the above-
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mentioned materials or any information thereon shall be liable under 
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Article 229 of the Revised Penal Code. 
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Sec. 26 - F. Contents of Joint Affidavit. - The joint affidavit of the 
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PDEA, PNP, or NBI team leader and the individual members of his team 
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shall identify the following: (a) All tapes, discs, recordings, notes, 
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memoranda, summaries, excerpts and all copies made in connection 
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therewith; (b) the dates and times covered by each of such materials; (c) 
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the number of tapes, discs, recordings, notes, memoranda, summaries, 
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excerpts and all copies made in connection therewith that have been 
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included in the deposit; and (d) the date of the original written 
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authorization granted by the PDEA Director General, the Chief of the PNP, 
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or the NBI Director to the applicant to file the ex parte application as well 
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as the date of any extension or renewal of the original written authority 
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granted by the authorizing division of the Court of Appeals. 
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The jOint affidavit shall also certify under oath that no duplicates or 
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copies of the whole or any part of any of such tapes, discs, and 
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recordings, and that no duplicates or copies of the whole or any part of 
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any of such notes, memoranda, summaries, and excerpts, have been 
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made, or, if made, that all such duplicates and copies are included in the 
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sealed envelope or sealed package, as the case may be, deposited with 
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the authorizing division of the Court of Appeals. 
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Sec. 26 - G. Disposition of Deposited Material. - The sealed 
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envelope or sealed package and the contents thereof, which are 
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deposited with the authorizing division of the Court of Appeals, shall be 
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deemed and are hereby declared classified information, and the sealed 
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envelope or sealed package shall not be opened and its contents 
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(including the tapes, discs, and recordings and all the excerpts and 
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summaries thereof and the notes and memoranda made in connection 
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therewith) shall not be divulged, revealed, read, replayed, or used as 
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evidence unless authorized by written order of the authorizing division of 
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the Court of Appeals, which written order shall be granted only upon a 
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written application of the Department of Justice or the PDEA Director 
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General, the Chief of the PNP, or the NBI Director filed before the 
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authorizing division of the Court of Appeals. 
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Sec. 26 - H. Evidentiary Value of Deposited Materials. -
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Evidence obtained pursuant to Sections 26-A to 26-G of this Act shall not 
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be used in the prosecution of any other offense or felony other than to 
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prosecute violations of Sec. 4, Sec. 5 and/or Sec. 8 of this Act. 
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Sec. 26 - I. DeSignation of Special Divisions of the Court of 
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Appeals. - The Dangerous Drugs Board shall request the Supreme Court 
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to designate at least one special division of the Court of Appeals each for 
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Luzon, Visayas, and Mindanao to implement Sections 26-A to 26-H of this 
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Acl." 
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Sec. 2. Separability Clause. - If for any reason any part or provision of this Act 
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is declared unconstitutional or invalid, the other parts or provisions hereof which are not 
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affected thereby shall remain and continue to be in full force and effect. 
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Sec. 3. Repealing Clause. - All laws, decrees, executive orders, rules or 
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regulations or parts thereof, inconsistent with the provisions of this Act are hereby 
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repealed, amended, or modified accordingly. 
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Sec. 4. Effectivity. -
This Act shall take effect after fifteen (15) days following 
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its publication in the Official Gazette or in two (2) newspapers of general circulation. 
Approved, 
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