Republic of the Philippines
HOUSE OF REPRESENTATIVES

SIXTEENTH CONGRESS

First Regular Session

528

House Bill N

Introduced by Hon. Rodolfo G. Biazon

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


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 eamestly

sought.
ie 58 BIAZON

Representative
Lone District, Muntinlupa City



Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City
SIXTEENTH CONGRESS
First Regular Session

House BillNo.__ 528

Introduced by Hon. Rodolfo G. Biazon

AN ACT
AMENDING CERTAIN SECTIONS OF REPUBLIC
KNOWN AS “AN ACT TO PROHIBIT AND PENALIZE WIRE TAPPING AND
OTHER RELATED VIOLATIONS OF THE PRIVACY OF COMMUNICATION,
AND FOR OTHER PURPOSES” BY INCREAS
THEREIN AND REGULATING THE OWNER:
IPORTATION AND USE OF WIRETAPPING DEVICE! PROVIDING
PENAI S 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. Republic Act No. 4200 is hereby amended by inserting a new
section after Section 1 which shall read as follows:

ECTION 1-A. WIRETAPPING DEVICES SHALL ONLY BE
SOLD AND/OR IMPORTED BY MANUFACTURERS OR DEALERS
DULY (ORIZED BY THE NATIONAL.
TELECOMMUNICATIONS — COMMISSION, | HEREINAFTER
REFERRED TO AS THE COMMISSION.

THE COMMISSION IS HEREBY AUTHORIZED TO ISSUE
PERMITS, UPON APPLICATION, TO POS AND/OR  U:
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 A‘ d 7 7
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 REASONABL
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 OTHERWI:
WIRETAPPING DEVIC SURI
COMMISSION THROUGH ANY OF IT
PROPER INDEMNIFICATION. THE
AUTHORIZED TO FORMULATE AN I
FOR THE SURRENDERED WIRETAPP!

REGIONAL OFFICES, FOR
COMMISSION IS HEREBY
DEMNIFICATION SCHEME
DEVICES.

FOR PURPOSES OF THIS SECTION, "WIRETAPPING
DEVICE OR DEVICES" SHALL REFER TO ANY WIRE OR CABL
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

x EVICES WHOSE VOI
ONLY INCIDENTAL OR
H AS, BUT NOT LIMITED
ECORDERS, CELLULAR PHONES,

STEREOS, |
AND THE LIKE.

TO EFFECTIVELY IMPLEME! EE 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 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
(60,000.00), 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

v 'Y THOUSAND PESO: eat 000. 00)

) 3
WIRETAPPING DEVIC
PERMIT AS STATE

WITHOUT
TION I-A
7 7 .S EXPIRED, SHALI
IMPRISONMENT OF PRISION CORRECCIONAL IN ITS MINIMUM
PERIOD TO ITS MEDIUM PERIOD OR A FINE OF NOT LESS THAN
TEN THOUSAND PESOS (PI0,000.00) BUT NOT MORE THAN
TWENTY THOUSAD (P20,000.00), OR BOTH, AT THE

IF THE VIOLATION UNDER THIS § ON 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 EMPLOYEE
AND THE OFFENDED PARTY IS A PRIVATE PERSON, OR IF THE
OF 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.

See. 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.

See. 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.

. Effectiv
publication in the Off
circulation.

- This Act shall take effect fifteen (15) day
Gazette or in at least two (2) national newspapers of general

Approved,