Republic of the Philippines
HOUSE OF REPRESENTATIVES.
Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILLNO. _1531_

Introduced by Representative Roman T. Romulo

AN ACT
EXPANDING THE SCOPE AND COVERAGE OF 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”

EXPLANATORY NOTE

This bill proposes to expand the scope and coverage of the Anti-Wire Tapping Act by
including coup d’état, conspiracy and proposal to commit coup d’état, robbery in band,
brigandage/highway robbery, violations of RA 9165, otherwise known as the Comprehensive
Dangerous Drugs Act of 2002, and violations of RA 9160 as amended otherwise known as the
Anti-Money Laundering Act of 2001 to the list of offenses whereby law enforcement and
military officers, through a court order, can perform acts otherwise declared unlawful under
this law.

The right to be secured 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 it be spoken, written, or electronic.

The privacy of communication and correspondence, as mandated by Article Ill, Section
3(1) of the 1987 Constitution, is further strengthened with the enactment of Republic Act (RA)
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 prohibits and penalizes the
use of any device or arrangement to secretly overhear, intercept, and record any private
communication, However, it must be stressed that said law, particularly Section 3 thereof,
provides several exceptions to the prohibitions.


Under the 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

case
of war, piracy, mutiny on 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 among the
instances where wire-tapping 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 who have
wreaked 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 fall outside of the
aforementioned exceptional cases, which put not only the lives and property of our people in
paramount danger, but also pose a grave threat to our nation's security. The peace and order
situation in the country gives testament to this fact and thus, it is crucial for us to revisit RA
4200 in order to further enhance its effectiveness.

In fine, this proposed bill therefore seeks to add the crimes of coup d'état, conspiracy
and proposal to commit coup d’état, robbery in band, brigandage/highway robbery,
violations of RA 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002,
and violations of RA 9160 as amended otherwise known as the Anti-Money Laundering Act of
2001 to the list of offenses wherein our law-enforcement officers can, through a 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 to strengthen the
measures of the government and its law enforcement agencies in fulfilling its mandate of
protecting life, liberty, and property against the malefactors in our society.

In view of the foregoing, immediate approval of this bill is earnestly requested.

<
R RE
ROMAN T. ROMULO
Lone District, Pasig City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. _1531

Introduced by Representative Roman T. Romulo

AN ACT
EXPANDING THE SCOPE AND COVERAGE OF 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"

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

assembled:

SECTION 1. Short Title. This Act shall be known as the "Expanded Anti-Wire Tapping
Act of 2022."

SECTION 2. Section 1 of Republic Act No. 4200, otherwise known as the Anti-Wire

Tapping Law is hereby amended to read as follows:

"SECTION 1. It shall be unlawful for any person, not being authorized by [all the
parties] ANY PARTY 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, or record
such communication [or spoken word by using a device commonly known as a
dictaphone or dictagraph or detectaphone or walkie-talkie or tape recorder, or
however otherwise described:] WITH THE USE OF ANY MODE, FORM, KIND OR
TYPE OF ELECTRONIC, MECHANICAL OR OTHER EQUIPMENT OR DEVICE OR


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TECHNOLOGY NOW KNOWN OR MAY HEREAFTER BE KNOWN TO SCIENCE,
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 offenses

mentioned in Section 3 hereof, shall not be covered by this prohibition.”

SECTION 3. Section 2 thereof shall be deleted and a new Section 2 shall be inserted

and which shall read as follows:

["SEC. 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 provisions of the following section 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 or more than six years and wit 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."]
“SECTION 2. PROHIBITED ACTS. -
(A) ANY PERSON WHO WILFULLY OR KNOWINGLY DOES OR CAUSES TO BE

DONE OR WHO SHALL AID, ABET OR PERMIT, ANY OF THE ACTS DECLARED
‘TO BE UNLAWFUL IN SECTION 1 HEREOF SHALL, UPON CONVICTION, SUFFER


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‘THE PENALTY OF IMPRISONMENT OF NOT LESS THAN SIX (6) YEARS BUT NOT
MORE THAN TWELVE YEARS (12) AND A FINE OF NOT LESS THAN ONE (1)
MILLION PESOS BUT NOT EXCEEDING FIVE (5) MILLION PESOS 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. IF THE OFFENDER IS AN ALIEN, HE SHALL BE
SUBJECT TO DEPORTATION PROCEEDINGS AFTER THE SERVICE OF HIS/HER
SENTENCE;

(8) ANY PERSON WHO MANUFACTURES, ASSEMBLES, SELLS, IMPORTS,
DISTRIBUTES, OR OTHERWISE DISPOSES ANY MODE, FORM, KIND OR TYPE OF
ELECTRONIC, MECHANICAL OR OTHER EQUIPMENT OR DEVICE OR
TECHNOLOGY NOW KNOWN OR MAY HEREAFTER BE KNOWN TO SCIENCE
KNOWING OR HAVING REASON TO KNOW THAT THE DESIGN OF SUCH
ELECTRONIC, MECHANICAL, OR OTHER EQUIPMENT, DEVICE OR
TECHNOLOGY IS PRIMARILY INTENDED AND USEFUL FOR THE PURPOSES
STATED IN SECTION 1 OF THIS ACT WITHOUT FIRST SECURING THE
NECESSARY AUTHORITY OR PERMIT SHALL, UPON CONVICTION, SUFFER THE
PENALTY OF IMPRISONMENT OF NOT LESS THAN THREE (3) YEARS BUT NOT
MORE THAN SIX (6) YEARS AND A FINE OF NOT LESS THAN FIVE (5) HUNDRED
THOUSAND PESOS BUT NOT EXCEEDING TWO (2) MILLION PESOS 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. IF THE OFFENDER IS AN ALIEN, HE SHALL BE
SUBJECT TO DEPORTATION PROCEEDINGS AFTER THE SERVICE OF HIS/HER
SENTENCE.

IN ADDITION TO THE PENALTY IMPOSED HEREIN, THE EQUIPMENT, DEVICE
OR TECHNOLOGY TAKEN SHALL BE AUTOMATICALLY FORFEITED IN FAVOR OF
THE GOVERNMENT; AND


(C) ANY PERSON WHO, HAVING KNOWLEDGE OR REASON TO KNOW THAT
THE DESIGN OF SUCH ELECTRONIC, MECHANICAL, OR OTHER EQUIPMENT,
DEVICE OR TECHNOLOGY IS PRIMARILY INTENDED AND USEFUL FOR THE
PURPOSES STATED IN SECTION 1 OF THIS ACT, OWNS OR POSSESSES
WITHOUT ANY AUTHORITY ANY OF THE ABOVEMENTIONED EQUIPMENT,
DEVICE OR TECHNOLOGY, UPON CONVICTION SHALL ALSO SUFFER THE
PENALTY AS PROVIDED UNDER SECTION 2(B).

SECTION 4. Section 3 of Republic Act No. 4200 is also hereby amended to read as

follows:

“SEC. 3. Nothing contained in this Act, however, shall render it unlawful or
punishable for any [peace] LAW ENFORCEMENT OR MILITARY officer, who is
authorized by a written order of the Court, to execute any of the APPLICABLE
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, COUP D'ETAT, 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, BRIGANDAGE/HIGHWAY ROBBERY AS DEFINED AND
PENALIZED BY ARTICLE 306 OF THE REVISED PENAL CODE AND PRESIDENTIAL
DECREE NO. 532, OTHERWISE KNOWN AS THE ANTI-PIRACY AND ANTI-
HIGHWAY ROBBERY LAW OF 1974, VIOLATIONS OF REPUBLIC ACT NO. 9165,
OTHERWISE KNOWN AS THE COMPREHENSIVE DANGEROUS DRUGS ACT OF
2002, VIOLATIONS OF REPUBLIC ACT NO. 3019, OTHERWISE KNOWN AS THE
ANTI-GRAFT AND CORRUPT PRACTICES ACT, SYNDICATED ILLEGAL
RECRUITMENT AS DEFINED AND PUNISHED UNDER REPUBLIC ACT NO. 8042,
AS AMENDED, OTHERWISE KNOWN AS THE MIGRANT WORKERS AND
OVERSEAS FILIPINOS ACT OF 1995, VIOLATIONS OF REPUBLIC ACT NO. 9160,
AS AMENDED, OTHERWISE KNOWN AS THE ANTI-MONEY LAUNDERING ACT


OF 2001 and violations of the 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 com

:d 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 offense or offenses committed or sought to be
prevented; and (4) the period of the authorization. The authorization shall be
effective for the period specified in the 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.)

[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


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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. 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 shalll 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 Court of
First Instance within whose territorial jurisdiction the acts for which authority

is applied for are to be executed.)"

SECTION 5. Republic Act No. 4200 is also hereby amended by inserting Sections 3-A to
3-H, as follows:

"SEC. 3-A, WIRETAPPING, INTERCEPTION, SURVEILLANCE AND RECORDING
OF COMMUNICATIONS. — THE CHIEF OF THE PNP, THE PDEA DIRECTOR
GENERAL, THE NBI DIRECTOR OR THE CHIEF OF STAFF OF THE AFP OR THEIR
DULY AUTHORIZED REPRESENTATIVES MAY SUBMIT EX PARTE APPLICATIONS
FOR THE ISSUANCE OF WRITTEN ORDERS FROM THE REGIONAL TRIAL COURT,
TO SECRETLY WIRETAP, INTERCEPT, OVERHEAR AND LISTEN TO, SCREEN,
READ, SURVEIL, RECORD AND COLLECT, WITH THE USE OF ANY MODE, FORM,
KIND OR TYPE OF ELECTRONIC, MECHANICAL OR OTHER EQUIPMENT OR
DEVICE OR TECHNOLOGY NOW KNOWN OR MAY HEREAFTER BE KNOWN TO
SCIENCE OR WITH THE USE OF ANY OTHER SUITABLE WAYS, ARRANGEMENTS
OR MEANS FOR THE ABOVE PURPOSES, PRIVATE COMMUNICATIONS,
CONVERSATIONS, DISCUSSION/S, DATA, INFORMATION, MESSAGES IN
WHATEVER FORM, KIND OR NATURE, SPOKEN OR WRITTEN WORDS 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 IN SECTION 3 HAS BEEN
COMMITTED OR IS BEING COMMITTED OR IS ABOUT TO BE COMMITTED; (2)
THAT THERE ARE REASONABLE GROUNDS TO BELIEVE THAT THE EVIDENCE
THAT WILL BE OBTAINED IS 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 EFFECTIVE MEANS READILY
AVAILABLE FOR OBTAINING SUCH EVIDENCE.

SEC. 3-B. EFFECTIVITY PERIOD OF JUDICIAL AUTHORIZATION. - ANY ORDER
GRANTED BY THE REGIONAL TRIAL COURT SHALL ONLY BE EFFECTIVE FOR THE
LENGTH OF TIME SPECIFIED IN THE WRITTEN ORDER, WHICH SHALL NOT
EXCEED A PERIOD OF SIXTY (60) DAYS FROM THE DATE OF RECEIPT OF THE
WRITTEN ORDER OF THE AUTHORIZING COURT BY THE APPLICANT.

THE AUTHORIZING COURT MAY, UPON APPLICATION, EXTEND OR RENEW
‘THE SAID AUTHORIZATION FOR ANOTHER NON-EXTENDIBLE PERIOD, WHICH
SHALL NOT EXCEED THIRTY (30) DAYS FROM THE EXPIRATION OF THE
ORIGINAL PERIOD: PROVIDED, THAT THE COURT IS SATISFIED THAT SUCH
EXTENSION OR RENEWAL IS IN THE PUBLIC INTEREST.

SEC. 3-C. CLASSIFICATION AND CONTENTS OF THE COURT AUTHORIZATION. -
THE WRITTEN APPLICATION TOGETHER WITH SUPPORTING DOCUMENTS
SUBMITTED AND WRITTEN ORDER GRANTED BY THE AUTHORIZING COURT
SHALL BE DEEMED AND ARE HEREBY DECLARED AS CLASSIFIED
INFORMATION.

THE WRITTEN ORDER OF THE AUTHORIZING COURT SHALL SPECIFY THE
FOLLOWING:


Soearnauaron

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(A) THE IDENTITY, SUCH AS NAME AND ADDRESS, IF KNOWN, OF THE
PERSON WHOSE PRIVATE COMMUNICATIONS, CONVERSATIONS,
DISCUSSION/S, DATA, INFORMATION, MESSAGES IN WHATEVER FORM, KIND
OR NATURE, SPOKEN OR WRITTEN WORDS AND/OR THE TELEPHONE
NUMBERS, IF KNOWN THAT ARE TO BE SECRETLY WIRETAPPED,
INTERCEPTED, OVERHEARD AND LISTENED TO, SCREENED, READ,
SURVEILLED, RECORDED AND COLLECTED AND THEIR LOCATIONS;

(B) THE IDENTITY OF THE APPLICANT AUTHORIZED TO SECRETLY
WIRETAP, INTERCEPT, OVERHEAR AND LISTEN TO, SCREEN, READ, SURVEIL,
RECORD AND COLLECT PRIVATE COMMUNICATIONS, CONVERSATIONS,
DISCUSSION/S, DATA, INFORMATION, MESSAGES IN WHATEVER FORM, KIND.
OR NATURE, SPOKEN OR WRITTEN WORDS;

{C) THE CRIME OR CRIMES COMMITTED, OR IS BEING COMMITTED,
OR SOUGHT TO BE PREVENTED;

(D) THE LENGTH OF TIME WITHIN WHICH THE AUTHORIZATION SHALL
BE USED OR CARRIED OUT; AND

(€) WHEN APPROPRIATE, THE SPECIFIC ASSISTANCE OR
COOPERATION NEEDED FROM THE TELECOMMUNICATIONS OR INTERNET
SERVICE PROVIDER.

IN NO CASE SHALL THE IDENTITY OF THE AUTHORIZED APPLICANT BE
DISCLOSED EXCEPT UPON WRITTEN ORDER OF THE AUTHORIZING COURT
AFTER A DETERMINATION THAT THE PUBLIC INTEREST IN THE DISCLOSURE
OF THE INFORMATION OUTWEIGHS THE PUBLIC INTEREST IN KEEPING THE
INFORMATION SECRET OR CONFIDENTIAL.

SEC. 3-D. CUSTODY OF INTERCEPTED AND RECORDED COMMUNICATIONS. -
ALL TAPES, DISCS, OTHER STORAGE DEVICES, RECORDINGS, NOTES,

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MEMORANDA, SUMMARIES, EXCERPTS AND ALL COPIES THEREOF MADE
PURSUANT TO THE ORDER OF THE AUTHORIZING COURT, SHALL, WITHIN
FORTY-EIGHT (48) HOURS AFTER THE EXPIRATION OF THE PERIOD FIXED IN
THE WRITTEN ORDER OR WITHIN FORTY-EIGHT (48) HOURS AFTER THE
EXPIRATION OF ANY EXTENSION OR RENEWAL GRANTED, BE DEPOSITED
WITH THE AUTHORIZING COURT IN A SEALED ENVELOPE OR SEALED
PACKAGE, AS THE CASE MAY BE, AND SHALL BE ACCOMPANIED BY AN
AFFIDAVIT OF THE AUTHORIZED APPLICANT.

ANY PERSON WHO, WITHOUT WRITTEN AUTHORITY FROM THE
AUTHORIZING COURT, REMOVES, CONCEALS, DESTROYS, DISCARDS OR
REVEALS ANY OF THE ABOVE-MENTIONED TAPE, DISC, OTHER STORAGE
DEVICE, RECORDING, NOTE, MEMORANDUM, SUMMARY, OR EXCERPTS AND
ANY COPY THEREOF, OR ANY INFORMATION THEREON SHALL, UPON
CONVICTION, SUFFER THE PENALTY OF IMPRISONMENT FOR NOT LESS THAN
SIX (6) YEARS BUT NOT MORE THAN TWELVE YEARS (12) AND A FINE OF NOT
LESS THAN ONE (1) MILLION PESOS BUT NOT EXCEEDING FIVE (5) MILLION
PESOS 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.

SEC. 3-E. CONTENTS OF THE AFFIDAVIT. - THE AFFIDAVIT OF THE AUTHORIZED
APPLICANT SHALL IDENTIFY THE FOLLOWING: (A) ALL TAPES, DISCS, OTHER
STORAGE DEVICES, RECORDINGS, NOTES, MEMORANDA, SUMMARIES,
EXCERPTS AND ALL COPIES MADE IN CONNECTION THEREWITH; (B) THE
DURATION OF THE JUDICIAL AUTHORIZATION AND THE DATES AND TIMES
COVERED BY EACH OF SUCH MATERIALS; AND (C) THE NUMBER OF TAPES,
DISCS, OR OTHER STORAGE DEVICES, RECORDINGS, NOTES, MEMORANDA,
SUMMARIES, EXCERPTS AND ALL COPIES MADE IN CONNECTION THEREWITH
THAT HAVE BEEN INCLUDED IN THE DEPOSIT.

‘THE AFFIDAVIT SHALL ALSO CERTIFY UNDER OATH THAT NO DUPLICATES OR
COPIES OF THE WHOLE OR ANY PART OF ANY OF SUCH TAPES, DISCS, OTHER

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STORAGE DEVICES, RECORDINGS, NOTES, MEMORANDA, SUMMARIES, AND
EXCERPTS, HAVE BEEN MADE, OR, IF MADE, THAT ALL SUCH DUPLICATES
AND COPIES ARE INCLUDED IN THE SEALED ENVELOPE OR SEALED PACKAGE,
AS THE CASE MAY BE, DEPOSITED WITH THE AUTHORIZING COURT.

SEC. 3-F. DISPOSITION OF DEPOSITED MATERIAL - THE SEALED ENVELOPE OR
SEALED PACKAGE AND THE CONTENTS THEREOF, WHICH ARE DEPOSITED
WITH THE AUTHORIZING COURT, SHALL BE DEEMED AND ARE HEREBY
DECLARED CLASSIFIED INFORMATION, AND THE SEALED ENVELOPE OR
‘SEALED PACKAGE SHALL NOT BE OPENED AND ITS CONTENTS SHALL NOT BE
DISCLOSED, REVEALED, READ, REPLAYED, OR USED AS EVIDENCE UNLESS
AUTHORIZED BY WRITTEN ORDER OF THE AUTHORIZING COURT WHICH
SHALL NOT BE GRANTED EXCEPT UPON MOTION, WITH DUE NOTICE AND
OPPORTUNITY TO BE HEARD TO THE INDIVIDUALS SUBJECT OF THE ABOVE-
MENTIONED COURT AUTHORIZATION. PROVIDED, THAT WITHIN NINETY (90)
DAYS FROM THE EXPIRATION OF THE ORDER, THE INDIVIDUALS WHOSE
COMMUNICATIONS HAVE BEEN INTERCEPTED AND/OR RECORDED SHALL BE
NOTIFIED OF SUCH FACT, UNLESS DELAY IN NOTIFICATION IS ALLOWED BY A
WRITTEN ORDER OF THE AUTHORIZING COURT, UPON A FINDING THAT AN
INVESTIGATION IS STILL ONGOING, AND AFTER A DETERMINATION THAT THE
PUBLIC INTEREST IN DELAYING NOTIFICATION OUTWEIGHS THE PUBLIC
INTEREST IN KEEPING THE INFORMATION SECRET OR CONFIDENTIAL:
PROVIDED FURTHER, THAT DELAY IN NOTIFICATION SHALL NOT BE LONGER
THAN ONE (1) YEAR

SEC. 3-G. DESTRUCTION OF DEPOSITED MATERIAL - AFTER THE LAPSE OF FIVE
(5) YEARS FROM THE EXPIRATION OF THE PERIOD FIXED IN THE WRITTEN
ORDER, THE AUTHORIZING COURT SHALL ORDER THE DESTRUCTION OF THE
DEPOSITED MATERIAL UNLESS IT IS BEING UTILIZED IN AN ONGOING
INVESTIGATION OR PROSECUTION, IN WHICH CASE, IT SHALL BE DESTROYED
TWO (2) YEARS AFTER THE TERMINATION OF THE INVESTIGATION OR
FINALITY OF THE DECISION ON THE CASE.

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SEC. 3-H. COMMUNICATIONS ASSISTANCE FOR LAW ENFORCEMENT. - THE
AUTHORIZING COURT MAY ORDER ANY TELECOMMUNICATIONS OR
INTERNET SERVICE PROVIDER TO ASSIST AND COOPERATE WITH THE LAW
ENFORCEMENT OR MILITARY OFFICERS IN IMPLEMENTING THE ORDER OF
THE AUTHORIZING COURT. THE SPECIFIC ASSISTANCE OR COOPERATION
NEEDED SHALL BE INDICATED IN THE WRITTEN ORDER AS STATED IN SECTION
3 (C). THE TELECOMMUNICATIONS OR INTERNET SERVICE PROVIDER SHALL
TAKE MEASURES TO ENSURE THAT THE PERSON WHOSE PRIVATE
COMMUNICATIONS, CONVERSATIONS, —DISCUSSION/S, DATA,
INFORMATION, MESSAGES IN WHATEVER FORM, KIND OR NATURE, SPOKEN
OR WRITTEN WORDS ARE TO BE SECRETLY WIRETAPPED, INTERCEPTED,
OVERHEARD AND LISTENED TO, SCREENED, READ, SURVEILLED, RECORDED
AND COLLECTED SHALL NEITHER DETECT NOR BE NOTIFIED OF SUCH FACT.

THE RESPONSIBLE PERSON/S OF THE TELECOMMUNICATIONS OR INTERNET
SERVICE PROVIDER WHO UNJUSTIFIABLY REFUSE/S TO COMPLY WITH THE
ORDER OF THE COURT SHALL BE CITED FOR CONTEMPT AND FINED IN AN
AMOUNT NOT LESS THAN ONE (1) MILLION PESOS BUT NOT MORE THAN
THREE (3) MILLION PESOS.

NO ADMINISTRATIVE, CRIMINAL OR CIVIL PROCEEDINGS SHALL LIE AGAINST
‘THE EMPLOYEES OR OFFICIALS OF THE TELECOMMUNICATIONS OR INTERNET
SERVICE PROVIDER FOR HAVING ASSISTED OR COOPERATED WITH THE LAW
ENFORCEMENT OR MILITARY OFFICERS IN THE IMPLEMENTATION OF THE
WRITTEN ORDER OF THE COURT.”

SECTION 6. Section 4 of Republic Act No. 4200 is hereby amended to read as follows:

“SEC. 4. Any PRIVATE communication, CONVERSATIONS, DISCUSSION/S,
DATA, INFORMATION, MESSAGES IN WHATEVER FORM, KIND OR NATURE, or

spoken OR WRITTEN word§, or the existence, contents, substance, purport,

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effect, or meaning of the same or any part thereof, or any information therein
contained, obtained or secured by any person in violation of the preceding
sections of this Act shall not be admissible in evidence in any judicial, quasi-
judicial, legislative or administrative hearing or investigation. PROVIDED, THAT
THE USE OF ANY EVIDENCE VALIDLY OBTAINED PURSUANT TO SECTIONS 3-A
TO 3-H OF THIS ACT IN RELATION TO ANY OF THE OFFENSES MENTIONED IN
SECTION 3 OF THIS ACT SHALL BE ALLOWED.”

SECTION 7. Separability Clause. If any provision of this Act shall be declared invalid or
unconstitutional, the remaining part or provisions not otherwise affected shall remain in

force.

SECTION 8. Repealing Clause. Any law, decree, ordinance, administrative circulars not
consistent with any provision of this Act is hereby amended, repealed or modified
accordingly.

SECTION 9. Effectivity Clause. This Act shall take effect fifteen (15) days after its
complete publication in the Official Gazette or in at least two (2) newspapers of general

circulation.

Approved,

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