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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City, Metro Manila 
TWENTIETH CONGRESS 
First Regular Session 
HOUSE BILL NO. _______________ 
Introduced by REP. JAVIER MIGUEL L. BENITEZ 
EXPLANATORY NOTE 
Republic Act (“RA”) No. 4200 (1965), or the Anti-Wiretapping Law of 1965, was 
a legislation that sought to uphold the constitutional right to privacy of 
communication. At the time of its passage, the threats to communication privacy 
were limited to analog devices such as wiretaps, tape recorders, and other basic 
surveillance equipment.1 Nearly six decades later, the rapid and continuous 
evolution of technology has rendered the law increasingly inadequate and 
outdated. 
In today’s digital age, the threats to communication privacy have expanded far 
beyond physical wiretapping. Advanced surveillance tools such as spyware, 
malware, artificial intelligence-powered monitoring systems, and voice or facial 
recognition technologies can now intercept, store, and analyze personal 
conversations without consent or knowledge.2 With the increasing digital 
innovations, digital wiretapping may also be abused by attackers to target the 
data of the users and leverage it according to their personal interests.3 Even 
everyday used devices like smartphones, smartwatches, and laptops are capable 
of being transformed into surveillance instruments.4 Worse, these tools are 
accessible not only to state agents but also to private actors and malicious entities. 
The amended bill seeks to modernize and expand the scope of RA No. 4200 to 
include newer forms of communication such as digital, electronic, and internet-
based, while also prohibiting the unauthorized use of modern surveillance 
1 Republic Act No. 4200 Anti-Wiretapping Act (1965) 
2 Brewster, T. (2024). The Wiretap: AI Is Already Supercharging Cyberattacks, Warns Government Minister. Forbes. 
https://www.forbes.com/sites/thomasbrewster/2024/12/03/the-wiretap-ai-is-already-supercharging-cyberattacks-warns-government-
minister/  
3 Twingate (2024). What is Wiretapping? How it Works and Examples. https://www.twingate.com/blog/glossary/wiretapping  
4 Pippig, L. (2024). Do smartphones eavesdrop on conversations? New evidence says yes. PC World. 
https://www.pcworld.com/article/2450052/do-smartphones-listen-to-everything-new-evidence-speaks-in-favour.html  
July 2, 2025
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technologies. It introduces provisions that criminalize the use of Artificial 
Intelligence (AI) and automated systems for eavesdropping, adds stricter 
penalties, clarifies the meaning of consent, and mandates judicial safeguards 
against abuse.  
The amended legislation recognizes the importance of balancing national security 
interests with the protection of individual rights and liberties. While the law 
maintains an exception for court-authorized surveillance for serious crimes, it 
tightens the rules to ensure that such powers are not abused and that due process 
is always observed. 
As the Philippines moves further into a highly interconnected digital society, the 
laws must evolve to keep up with both the opportunities and the threats posed 
by innovation. The Expanded Anti-Wiretapping and Digital Surveillance 
Prevention Act of 2025 ensures that Filipinos’ right to privacy remains protected 
online, offline, and across all forms of communication. 
In view of the foregoing, the immediate passage of this measure is earnestly 
sought. 
JAVIER MIGUEL L. BENITEZ 


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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City, Metro Manila  
TWENTIETH CONGRESS 
First Regular Session 
HOUSE BILL NO. _______________ 
Introduced by REP. JAVIER MIGUEL L. BENITEZ 
AN ACT AMENDING  REPUBLIC ACT NO. 4200, OTHERWISE 
KNOWN AS THE ANTI-WIRETAPPING LAW OF 1965, TO INCLUDE NEW 
TECHNOLOGIES AND MODERN SURVEILLANCE METHODS, 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-
Wiretapping and Digital Surveillance Prevention Act of 2025.” 
SEC. 2. Declaration of Policy. - It is the policy of the State to protect the 
privacy and dignity of every individual against perpetrators. In recognition of 
evolving communication technologies, the State shall strengthen legal safeguards 
against unauthorized interception, monitoring, recording, and disclosure of 
private communications by any person, whether public or private, and regardless 
of the medium used. 
SEC. 3. A new section is hereby inserted after Section 1 of Republic Act 
(“RA”) No. 4200 (1965) to be known as Section 1-A, to read as follows: 
“Section 1-A. Use of Artificial Intelligence and Automated Systems. 
The use of artificial intelligence (AI) systems, bots, algorithms, or 
any automated technology to collect, analyze, or intercept private 
communications without the explicit consent of all parties involved is 
hereby prohibited. 
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This includes but is not limited to data scraping, keyword logging, 
voice cloning, and facial recognition used for surveillance or monitoring 
purposes.” 
SEC. 4. A new section is hereby inserted after Section 1-A of RA No. 4200 
to be known as Section 1-B, to read as follows: 
“Section 1-B. Definition of Terms. – For purposes of this Act, the 
following terms shall be defined as follows: 
 
(a) Wiretapping – the act of secretly listening to, intercepting, 
recording, or monitoring private communications, whether 
analog or digital, without the consent of all parties involved, 
through any means or device. 
 
(b) Digital Wiretapping – the unauthorized interception or 
access to electronic communications using digital tools such 
as spyware, malware, or other hacking methods that allow 
the monitoring of messages, calls, emails, and other data 
transmissions. 
 
(c) Communication – any spoken word, conversation, message, 
data, video, or image transmitted through any medium, 
including but not limited to telephones, mobile phones, 
email, chat applications, social media, radio, VoIP, or online 
conferencing platforms. 
 
(d) Device – any instrument, equipment, software, or hardware 
such as telephones, mobile phones, laptops, smartwatches, 
surveillance cameras, microphones, routers, and digital 
applications, 
capable 
of 
recording, 
transmitting, 
intercepting, or monitoring communications. 
 
(e) Surveillance – the act of observing, listening, tracking, or 
monitoring a person or group’s communication or behavior, 
especially in a covert or unauthorized manner. 
 
(f) Malware – malicious software designed to infiltrate, damage, 
or gain unauthorized access to a computer system or device, 
often used for spying or stealing information. 
 


 
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(g) Spyware – a type of malware specifically intended to secretly 
gather information from a device, including monitoring 
keystrokes, messages, and audio-visual data. 
 
(h) Packet Sniffing – the process of intercepting and analyzing 
data packets traveling over a digital network, often used to 
capture private information without authorization. 
 
(i) Consent – the explicit, voluntary, and informed agreement 
by all parties to a communication to allow the interception or 
recording of such communication. Implied or passive 
consent is not considered valid under this Act. 
 
(j) Encryption – the process of encoding information in such a 
way that only authorized parties can access it, used to protect 
communications from unauthorized interception. 
 
(k) Artificial Intelligence Surveillance – the use of machine 
learning algorithms, AI tools, or automated software to 
detect, monitor, analyze, or profile individuals or groups 
based on intercepted or collected communications or 
behaviors. 
 
(l) Metadata – data that provides information about other data, 
including time, location, sender, recipient, and device details 
related to a communication, even if the content itself is not 
intercepted. For the purposes of this Act, metadata shall be 
treated as protected communication content when it can 
reasonably reveal personal or sensitive information. 
 
(m) 
Court Order – a written authorization issued by a 
competent court, based on probable cause, permitting 
specific surveillance activities within the scope defined by 
this Act. 
 
SEC. 5. Section 1 of the RA No. 4200 is hereby amended to read as follows: 
 
"Section 1. It shall be unlawful for any person, not being authorized 
by all parties to any private communication or spoken word, to tap any 
wire or cable, or by using any other device or digital means, to secretly 
overhear, intercept, monitor, collect, record, store, or transmit such 


 
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communication or spoken word, whether in analog or digital format, and 
regardless of platform or transmission medium. 
This includes but is not limited to the use of: 
(a) Dictaphones, walkie-talkies, tape recorders; 
(b) Mobile phones, smartphones, smartwatches; 
(c) Spyware, malware, keystroke loggers; 
(d) Surveillance cameras, microphones, webcams, drones; 
(e) Artificial intelligence (AI)-enabled monitoring systems; 
(f) Internet-based 
applications 
such 
as 
emails, 
instant 
messaging platforms, video conferencing tools, or social 
media applications; 
(g) Voice-over-IP (VoIP) and cloud-based communication 
systems. 
when such devices are primarily or intentionally used for unauthorized 
interception. 
It shall likewise be unlawful to manufacture, import, distribute, sell, 
or advertise devices or software primarily designed to intercept 
communications without lawful authority. 
Possession, storage, use, transmission, dissemination, or replay of 
any unauthorized recordings obtained through any of the aforementioned 
means shall be punishable under this Act, unless explicitly exempted by 
law. 
Provided, however, that this Act shall not apply to recordings or 
interceptions made by journalists, whistleblowers, or concerned 
individuals acting in good faith and without malice to expose corruption, 
abuse of authority, or violations of law, provided that such actions are 
subject to judicial determination and consistent with public interest and 
due process.” 
SEC. 6. Section 2 of RA No. 4200 is hereby amended to read as follows: 
"Section 2. Any person who violates Section 1 or Section 1-A of this 
Act shall be punished with: 
(a) Imprisonment of six (6) to twelve (12) years; 
(b) A fine of not less than Five Hundred Thousand Pesos 
(₱500,000.00) but not more than One Million Pesos 
(₱1,000,000.00); 


 
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(c) Perpetual absolute disqualification from holding public 
office if the offender is a public official; and 
(d) Deportation, if the offender is an alien. 
If the offense involves a government surveillance program 
conducted without any court order, the penalty shall be reclusion 
temporal, and all evidence obtained shall be inadmissible." 
SEC. 7. Inclusion of Digital Consent requirement  - 
"No recording or surveillance shall be considered authorized unless 
all parties have given explicit, recorded, and verifiable consent in 
accordance with Republic Act No. 10173 or the Data Privacy Act of 2012. 
Implied or passive consent shall not suffice." 
SEC. 8. Section 3 of the RA No. 4200 is hereby amended to read as follows: 
Following the provisions of this Act, it shall not be unlawful for a 
duly authorized peace officer to conduct surveillance, intercept, record, or 
overhear private communications, conversations, discussions, or spoken 
words, provided that: 
(a) Such surveillance is authorized by a written order issued by the 
Regional Trial Court (“RTC”) having territorial jurisdiction over the 
place where the surveillance will be conducted; 
(b) The application for the court order must be in writing and shall 
be granted only after: 
(1) Examination under oath or affirmation of the applicant and 
any supporting witnesses; 
(2) A finding that there are reasonable grounds to believe that 
any of the following crimes has been committed, is being 
committed, or is about to be committed: 
(i) Treason 
(ii) Espionage 
(iii) Provoking war and disloyalty in case of war 
(iv) Piracy or mutiny on the high seas 
(v) Rebellion or insurrection 


 
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(vi) Conspiracy or proposal to commit rebellion 
(vii) Inciting to rebellion 
(viii) Sedition 
(ix) Conspiracy or proposal to commit sedition 
(x) Inciting to sedition 
(xi) Kidnapping, as defined in the Revised Penal Code 
(xii) Violations of Commonwealth Act No. 616 or 
other offenses against national security; 
(3) A document showing that evidence to be obtained is 
essential to convicting the suspect, solving the case, or 
preventing the crime; and 
(4) A document showing that no other method is readily 
available to obtain such evidence. 
(c) In cases of rebellion, proposal or conspiracy to commit rebellion, 
sedition, and inciting to sedition, surveillance shall only be allowed 
upon prior proof that rebellion or acts of sedition are actually being 
committed or have occurred. The court order must clearly state: 
(1) The identity of the person(s) whose communications are to 
be 
monitored; 
 
(2) In the case of telephonic or telegraphic communications, the 
specific phone number or communication line and its 
location; 
 
(3) The identity of the peace officer authorized to perform the 
surveillance; 
 
(4) The 
offense(s) 
involved; 
and 
 
(5) The authorized duration, not to exceed sixty (60) days from 
the date of issuance, unless extended by the court for valid 
public interest. 


 
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(d) All recordings made pursuant to the court order shall be 
deposited with the issuing court within forty-eight (48) hours after 
the expiration of the authorized period. The deposit shall be: 
(1) Sealed in an envelope or package; and 
(2) Accompanied by a sworn affidavit of the authorized officer, 
indicating: 
  
(i) 
The 
number 
of 
recordings, 
  
(ii) 
The 
dates 
and 
times 
covered, 
  
(iii) The number and type of storage media used, and 
  
(iv) A certification that no duplicates exist 
(e) The contents of said recordings shall remain confidential and 
may only be accessed, replayed, or presented as evidence upon a 
separate court order, issued with notice and opportunity to be heard 
by the person(s) whose communications were recorded. 
(f) The term “court” as used in this section refers to the RTC with 
jurisdiction over the location where the surveillance will be 
executed. 
SEC. 9. Section 4 of Republic Act No. 4200 is hereby amended to include: 
"No communication or data obtained through unauthorized or 
unlawful surveillance, digital or analog, shall be admissible in evidence in 
any proceeding, and any copies thereof shall be destroyed by court order." 
SEC. 10. Monitoring and Evaluation body - To ensure accountability and 
transparency, the Department of Justice shall conduct regular monitoring and 
evaluation of the implementation of this Act in coordination with the National 
Privacy Commission (“NPC”), Commission on Human Rights (“CHR”), and 
Department of Information and Communications Technology (“DICT”). 
All government agencies or entities authorized to conduct surveillance 
under this Act shall be required to submit periodic reports to the Department of 
Justice (“DOJ”). These reports shall include, but shall not be limited to, the 
following: 
(a) Monitoring the use of surveillance technologies; 
(b) Investigating abuses committed under this Act; 
(c) Submitting an annual report with recommendations to 
improve legislation and implementation; 
(d) Reviewing all court-approved wiretaps; 


 
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(e) Issuing compliance orders or recommend prosecution, 
where applicable; and 
(f) Monitoring and assessing evolving technologies related to 
eavesdropping 
SEC. 11. Implementing Rules and Regulations - The DOJ, in coordination with 
the DICT, The NPC, the CHR, shall promulgate the implementing rules and 
regulations necessary for the effective implementation of this Act within ninety 
(90) days from its effectivity. 
SECTION 12. Appropriations. – The amount necessary to carry out the 
provisions of this Act is hereby authorized to be appropriated in the concerned 
agencies in the General Appropriations Act for the year following its enactment 
into law and thereafter. 
SECTION 13. Repealing Clause - All laws, presidential decrees, executive 
orders, rules and regulations inconsistent with the provisions of this Act are 
hereby repealed or modified accordingly. 
SECTION 14. Separability Clause - If any provision of this Act is declared 
unconstitutional, the remainder shall not be affected thereby. 
SECTION 15. Effectivity - This Act shall take effect fifteen (15) days after 
its publication in the Official Gazette or in a newspaper of general circulation. 
 
Approved,