FOURTEENTH CONGRESS OF THE REPUSLIC) 
OF THE PHILIPPINES 
1 
(, 
First Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 111, Section 3 provides that (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, and (2) Any 
evidence obtained in violation of this or the preceding section shall be inadmissible for 
any purpose in any proceeding. 
The present law which protects the privacy of communication is R.A. 4200, also 
known as the Anti-Wire Tapping Act. The strides taken by telecommunications have 
, rendered the law obsolete. Modern telecommunication devices have made the right to 
privacy of communication and correspondence easier to violate without incurring any 
liability under the law. Also, the penalty provided in R.A. 4200 for a violation of its 
provisions seems to be inadequate in deterring the-commission such offenses. Several 
employees of a major telecommunications company revealed that police and military 
authorities use the company's facilities for unauthorized wiretapping. The executive 
branch of the government has even manifested intentions of moving to legalize 
intercepting electronic or oral communication through telecommunication devices as a 
means of law enforcement which may be applied to offenses which are totally unrelated 
to public safety or order, much less to the security of the state. Reports in the media also 
indicate that wiretapping is being used for political purposes. 
This bill seeks to safeguard this constitutional right by providing for a parallel 
procedure laid down by the Constitution and the Rules of Court in protecting the right of 
the people to be secure in their persons, houses, papers and effects against unreasonable 
searches and seizures. In cases where the Constitution allows infringement of this right, 


that is when public safety or public order requires, the present bill requires the State to 
undergo a more stringent procedure, considering that the right to privacy of 
communications is vulnerable to abuse and its vulnerability has been aggravated by the 
recent developments in telecommunications technology. 


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FOURTEENTH CONGRESS OF THE REPUBLIC) 
;-; 
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OF THE PHILIPPINES 
1 
First Regular Session 
) 
Introduced by Senator Miriam Defensor Santiago 
AN ACT. 
PROHIBITING WIRE, ELECTRONIC, AND ORAL COMMUNICATIONS 
INTERCEPTION AND PROVIDING PENALTIES THEREFOR 
Be it enacted by the Senate and House of Representatives of the Philipyines iiz 
Congress assembled: 
SECTION 1. Short Title. - This Act may be cited as the “Wire, Electronic and 
Oral Communications Interception Act of 2008.” 
SECTION 2. Declaration of Policy. - It is the policy of the State to ensure the 
inviolability of a person’s right to privacy of communication and correspondence. 
SECTION 3. Dejnition of Terms. -For purposes of this Act, the term: 
(A)“Wire communication” means any aural transfer made in whole or in part 
through the use of facilities for the transmission of communications by the aid of wire, 
cable or other like connection between the point of origin and the point of reception 
(including the use of such connection in a switching station) furnished or separated by 
any person engaged in providing or operating such facilities for the transmission of local 
or international communications and such term includes any electronic storage of such 
communication. 
(B) “Oral communication” means any oral communication uttered by a person 
exhibiting an expectation that such communication is not subject to interception under 
circumstances justifying such expectation, but such term does not include any electronic 
communication. 
(C)“State” means the Government of the Republic of the Philippines or any 
political subdivision thereof. 
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(D)“Intercept” means the aural or other similar means of acquisition of the 
contents of any wire, electronic, or oral communication through the use of any electronic, 
mechanical or other device; 
(E) “Electronic, mechanical or other device” means any device or apparatus 
which can be used to intercept a wire, oral, or electronic communication other than - 
(1) Any telephone or telegraph instrument, equipment or facility, or any 
component thereof, that is either (a) furnished to the subscriber or user by a 
provider of wire or electronic communication service in the ordinary course of its 
business and being used by the subscriber or user in the ordinary course of its 
business or furnished by such subscriber or used for connection to the facilities of 
such services and used in the ordinary course of its business or (b) being used by a 
provider of wire or electronic communication service in the ordinary course of its 
business, or by an investigative or law officer in the ordinary course of his duties; 
and 
(2) A hearing or similar device being used to correct subnormal hearing to 
not better than normal; 
(F) “Person” means public officer, and any individual, partnership, association, or 
corporation; 
(G)“Investigative or law enforcement officer” means any officer of the 
government who is empowered by law to conduct investigations or to make arrests for 
the offenses enumerated in Section 8 of this Act, and any attorney duly authorized to 
prosecute or participate in the prosecution of such offenses; 
(H)“Contents” when used with respect to any wire, oral, or electronic 
communication includes any information concerning the substance, purport, or meaning 
of that communication; 
(I) “Judge of a court of competent jurisdiction” means a judge of any Regional 
Trial Court, having territorial jurisdiction over the place where the offense (used as basis 
for application to an authorization is committed; 
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(J) “Aggrieved person” means a person who was a party to any intercepted wire, 
oral, or electronic communication or a person against whom the interception was 
directed. 
(K)“Electronic communication” means any transfer of signs, signals, writing, 
images, sounds, data, intelligence of any nature transmitted in whole or in parl by a wire, 
radio, electronic, magnetic, photoelectronic or photooptical system but does not include - 
(1) any wire or oral communication; 
(2) any communication made through a tone-only paging device; or 
(3) any communication from a tracking device; 
(L) “User” means any person or entity who - 
(1) uses an electronic communication service; and 
(2) is duly authorizes by the provider of such service to engage in such 
use; 
(M) “Electronic 
communications 
system” 
means 
any 
wire, 
radio, 
electromagnetic, photooptical or photoelectronic facilities for the transmission of 
electronic communications and any computer facilities or related electronic equipment 
for the electronic storage of such communications; 
(N) “Electronic communication service” means any service which provides to 
users thereof the ability to send or receive wire or electronic communications; 
(0)“Readily accessible to the general public” means, with respect to a radio 
communication, that such communication is not - 
(1) scrambled or encrypted; 
(2) transmitted using modulation techniques whose essential parameters 
have been witbheld from the public with the intention of preserving the privacy of 
such communication; 
(3) carried on a subcarrier or other signal subsidiary to a radio 
transmission; 
(4) transmitted over a communication system provided by a common 
carrier, unless the communication is a tone only paging system communication; 
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(5) transmitted on frequencies allocated in accordance with rules 
promulgated by the National Telecommunications Commission, unless, in the 
case of a communication transmitted on a frequency otherwise allocated that is 
not exclusively allocate to broadcast auxiliary services, the communication is a 
two-way voice communication by radio; or 
(6) an electronic communication. 
(P) “Electronic storage” means - 
(I) any temporary, intermediate storage of a wire or electronic 
communication incidental to the electronic transmission thereof; and 
(2) any storage of such communication by an electronic communication 
service for purposes of backup protection of such communication. 
(Q)“Aural transfer” means a transfer containing the human voice at any point 
between and including the point of origin and the point of reception. 
(R) “Offense against national security” means such offenses that endanger the of 
the State or of human lives, liberty and property committed through the activities of 
invaders, insurrectionists and rebels. 
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SECTION 4. Interception and Disclosure of Wire, Oral, or Electronic 
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Communications Prohibited. - Except as otherwise specifically provided in this Act any 
person who - 
(A)Intentionally intercepts, endeavors to intercept or procures any other person to 
intercept or endeavor to intercept any wire, oral, or electronic communication; or 
electronic communication; or 
(B) Intentionally uses, endeavors to use, or procures any other person to use or 
endeavor to use any electronic, mechanical, or other device to intercept any oral 
communication when - 
(1) Such device is affixed to or otherwise transmits a signal through a wire 
cable or other like connection used in wire communication; or 
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transmission of such communication; 
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(2) Such device transmits communications by radio, or interferes with the 
(C) Intentionally discloses or endeavors to disclose, to any other person the 
contents of any wire, oral or electronic communication, knowing or having reason to 
know that the information was obtained through the interception of a wire, oral, 
electronic communication in violation of the provisions of this Act; 
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(D)Intentionally uses or endeavors to use, the contents of any wire, oral, or 
electronic communication, knowing or having reason to know that the information was 
obtained through the interception of a wire, oral or electronic communication in violation 
of the provisions of this Act, shall be liable for the penalties provided in Section 15 of 
this Act. 
SECTION 5. Lawful Acts. - 
(A)It shall not be unlawful for an operator of a switchboard, or an officer, 
employee, or agent of a provision of wire or electronic communication service, whose 
facilities are used in the transmission of a wire or electronic communication, to intercept, 
disclose or use that communication in the normal course of his employment while 
engaged in any activity which is necessary incident to the rendition of his service or to 
the protection of the rights or property of the provider of that service, except that a 
provider or wire communication service to the public shall not utilize service observing 
or random monitoring except for mechanical or service quality control checks. 
(1) Notwithstanding any other law, providers of wire or electronic 
communication service their officers, employees and agents, landlords, 
custodians, or other persons, are authorized to provide information, facilities, or 
technical assistance, to persons duly authorized as provided in Section 10 of this 
Act, to intercept wire, oral, or electronic communications or to conduct electronic 
surveillance, if such provider, its officers, employees or agents, landlords, 
custodian, or other specified person, has been provided with a court order 
directing such assistance signed by the authorizing judge. 
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(2) No cause of action shall lie in any court against any provider of wire or 
electronic communication service, its officers, employees, or agents, landlord, 
custodian, or other specified person for providing information facilities, or 
assistance in accordance with the terms of a court order under this Act. 
(B) It shall not be unlawhl under this Act for an officer, employee, or agent of the 
Commission, in the normal course of his employment and in discharge of the monitoring 
responsibilities exercised by the Commission in the enforcement of pertinent laws, to 
intercept a wire or electronic communication, or oral communication transmitted by 
radio, to disclose or use the information thereby obtained. 
(C)Nothing contained in this Act, shall be deemed to affect the acquisition by the 
State of foreign intelligence information from international or foreign communications, 
or foreign intelligence activities conducted in accordance with otherwise applicable laws. 
(D)It shall not be unlawful under this Act for any person - 
(1) To intercept or access an electronic communication made through an 
electronic communication system that is configured so that such electronic 
Communication is readily accessible to the general public; 
(2) To intercept any radio communication which is transmitted - 
(a) By any station for the use of the general public, or that relates 
to ships, aircraft, vehicles, or persons in distress; 
(b) By any governmental, law enforcement, civil defense, private 
land, mobile or public safety communication system, including police and 
fire readily accessible to the general public; 
(c) by a station operating on an authorized frequency within the 
bands allocated to the amateur, citizen’s band, or general mobile radio 
services; or 
(d) by any marine or aeronautical communications system; 
(3) intercept any wire or electronic communication the transmission of 
which is causing harmful interference to any lawfully operating station or 
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such interference; or 
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(4) for other users of the same frequency to intercept any radio 
communication made through a system that utilizes frequencies monitored by 
consumer electronic equipment to the extent necessary to identify the source of 
individuals engaged in the provision or the use of such system, if such 
communication is not scrambled or encrypted. 
(E) It shall be unlawful under this Act for a provider of electronic communication 
service to record the fact that a wire or electronic communication was initiated or 
completed in order to protect such provider, another provider furnishing service toward 
the completion of the wire or electronic communication, or a user of that service from 
fraudulent, unlawful or abusive use of such service. 
(F) Except as provided in subsection (B) of this Section, a person or entity 
providing an electronic communication service to the public shall not intentionally 
divulge contents of any communication (other than one to such person or entity, or an 
agent thereof while in transmission of that service to any person or entity other than an 
addressee - intended recipient - such communication or an agent of such addressee or 
intended recipient. 
(G)A person or entity providing electronic communication service to the public 
shall divulge the contents of any such communication - 
(1) with the lawful consent of the originator and addressee or intended 
recipient of such communication. 
(2) to a person employed or authorized or whose facilities are used, to 
forward such communication to its destination; or 
(3) which were inadvertently obtained by the service provider and which 
appear to pertain to the commission of a crime, if such divulgence is made to a 
law enforcement agency. 
SECTION 6. ConJscation of 
Wire, Oral or Electronic Communication 
Intercepting Devtces. - Any electronic, mechanical or other device used, sent, carried, 
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manufactured, assembled, possessed, sold, or advertised in violation of the provisions of 
this Act shall be seized and forfeited to the State. All provisions of law relating to (1) the 
seizure, summary, and judicial forfeiture and condemnation of articles used or produced 
for violations of any penal law; (2) the disposition of such articles; (3) the remission or 
mitigation of such forfeiture; (4) the compromise of claims; and ( 5 )  the award of 
compensation to informers in respect of such forfeitures shall apply to seizures and 
forfeitures incurred, or alleged to have been incurred, under the provisions of this Act, 
shall be performed with respect to seizure and forfeiture of electronic, mechanical, or 
other intercepting devices under this section by such officers, agents, or other persons as 
may be authorized or designated for that purpose by the proper judicial authorities. 
SECTION I. Prohibition of Use as Evidence of Intercepted Wire or Oral 
Communications. - Whenever any wire or oral communication has been intercepted, or 
part of the contents of such communication and no evidence derived therefrom may be 
received in evidence in any trial, hearing or other proceeding in or before any court, 
department officer, agency, regulatory body, legislative committee, or other authority of 
the State, or any political subdivision thereof if the disclosure of that information would 
he in violation of this Act. 
SECTION 8. Authorization for Interception of Wire, Oral, or Electronic 
Communications. - 
(A)The Secretary of the Department of Justice (hereinafter referred to as 
“Secretary of Justice”) or any State Prosecutor, provincial or city prosecutor may 
authorize an application to a judge of court of competent jurisdiction for, and such judge 
may grant in conformity with Section 10 of this Act an order authorizing or approving the 
interception of wire or oral communications by the National Bureau of Investigation, or a 
law enforcement agency responsible for the investigation of the offense as to which the 
application is made when such interception may provide or has provided evidence of the 
commission of the crimes of treason, espionage, provoking war and disloyalty in case of 
war, piracy, mutiny n the high seas, rebellion, conspiracy and proposal to commit 
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' rebellion, inciting to rebellion, sedition, conspiracy to commit sedition, inciting to 
sedition, kidnapping as defined by the Revised Penal Code, and commission of offenses 
against national security including any conspiracy to commit the same. 
(B)The Chief State Prosecutor, or the Chief Prosecutor of any political 
subdivision may apply to a judge of a court of competent jurisdiction for, and such judge 
may grant in conformity with Section IO of this Act an order authorizing, or approving 
the interception of wire, oral, or electronic communications by any investigative or law 
enforcement officers having responsibility for the investigation of the offense as to which 
the application is made, when such interception may provide or has provided evidence of 
the commission of the crimes of treason, espionage, provoking war and disloyalty in case 
of war, piracy, mutiny n 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, and commission of offenses 
against national security including any conspiracy to commit the same. 
SECTION 9. Authorization for Disclosure and Use of Intercepted Wire, Oral, or 
Electronic Communications. - 
(A)Any investigative or law enforcement officer who, by means authorized y this 
Act has obtained knowledge of the contents of any wire, oral or electronic 
communication, or evidence derived therefrom, may disclose such contents to another 
investigative or law enforcement officer to the extent that such disclosure is appropriate 
to the proper performance of the official duties of the officer making or receiving the 
disclosure. 
(€3) Any investigative or law enforcement officer who, by means authorized by 
this Act, has obtained knowledge ,of the contents of any wire, oral, or electronic 
communication or evidence derived therefrom may use such contents to the extent he 
sees appropriate to the proper performance of his official duties. 
(C)Any person who has received, by means authorized by this Act, any 
information concerning a wire, oral, or electronic communication, or evidence derived 
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therefrom intercepted in accordance with the provisions of this Act may disclose the 
contents of that communication or such derivative evidence while giving testimony under 
oath or affirmation in any proceeding held under the authority of the State or political 
subdivision thereof. 
(D)No otherwise privileged wire, oral, or electronic communication intercepted in 
accordance with, or in violation of, the provisions of this Act shall lose its privileged 
character. 
(E)When an investigative or law enforcement officer, while engaged in 
intercepting wire, oral, or electronic communications relating to offenses other than those 
specified in the order of authorization or approval, the contents thereof, and evidence 
derived therefrom may be disclosed or used as provided in subsection (A) and (B) of this 
section. Such contents and evidence derived there. Such contents and evidence derived 
therefrom may be used under subsection (C) of this Section when authorized or approved 
by a judge of a court of competent jurisdiction where such judge finds on subsequent 
application that the contents were otherwise intercepted in accordance with the provisions 
of this Act. Such application shall be made as soon as practicable. 
SECTION 10. Authorization for Interception of Wire, Oral or Electronic 
Communication. - 
(A)Each application for an order authorizing or approving the interception of a 
wire, oral, or electronic communication under this Act shall be made in writing upon oath 
or affirmation to a judge of competent jurisdiction and shall state the applicant’s authority 
to make such application. Each application shall include the following information: 
(1) Theidentity of the investigative or law enforcement officer making the 
application, and the officer authorizing the application; 
(2) A full and complete statement of the facts and circumstances relied 
upon by the applicant, to justify his belief that an order should be issued, 
including (1) details as to the particular offense that has been, is being, or is about 
to be committed, (2) except as otherwise provided in subsection (IC) of this 
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section, a particular description of the nature and location of the facilities from 
which or the place where the communication is to be intercepted, (3) a particular 
description of the type of communication sought to be intercepted, (4) the identity 
of the persods, if known, committing the offenses and whose Communications are 
to be intercepted. 
(3) A full and complete statement as to whether or not other investigative 
procedure have been tried and failed or why they reasonably appear to be unlikely 
to succeed if tried or to be too dangerous; 
(4) A statement of the period of time for which the interception is required 
to be maintained. If the nature of the investigation is such that the authorization 
for interception should not automatically terminate when the described type of 
communication has been first obtained, a particular description of facts 
establishing probable cause to believe that additional communications of the same 
type will occur thereafter. 
(5) A full and complete statement of the facts concerning all previous 
applications known to the individual authorizing and making the application, 
made to any judge for authorization to intercept, or for approval of interceptions 
of wire, oral, or electronic communications involving any of the anie persons, 
facilities or places specified in the application, and the action taken by the judge 
on each such application; and 
(6) Where the application is for the extension of an order, a statement 
setting forth the results thus far obtained from the interception, or a reasonable 
explanation of the failure to obtain such results. 
(B) The judge may require the applicant to furnish additional testimony or 
documentary evidence in support of the application. 
(C) Upon such application the judge may enter an ex parte order, as requested or 
as modified authorizing or approving interception of wire, oral, or electronic 
communications within the territorial jurisdiction of the court in which the judge is 
sitting. The judge may issue such order to cover cases outside of his territorial 
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jurisdiction only in the case of a mobile interception device. The order shall be issued if 
the judge determines, in the basis of the facts submitted by the applicant, that - 
(1) there is probable cause for belief that an individual is committing, has 
committed, or is about to commit a particular offense enumerated in Section 8 of 
this Act. 
(2) there is probable cause for belief that particular communications 
concerning such offense will be obtained through such interception; 
(3) normal investigative procedures have been tried and have failed or 
reasonably appear to be unlikely to succeed if tried or to be too dangerous; 
(4) except as provided in subsection K of this Section, there is probable 
cause for belief that the facilities from which, or the place where, the wire, oral, or 
electronic communications are to be intercepted are being used, or about to be 
used, in connection with the commission of such offense, or are leased to, listed in 
the name of, or commonly used by such person. 
(D)Each order authorizing or approving the interception of any wire, oral, or 
electronic communication wider this Act shall specify- 
(1) the identification of the persods, if known, whose communications are 
to be intercepted; 
(2) the nature and location of the communication facilities as to which, or 
the place where, authority to intercept is granted; 
(3) a particular description of the type of communication sought to be 
intercepted and a statement of the particular offense to which it relates; 
(4) the identity of the agency authorized to intercept the communications, 
and of the person authorizing the application; and 
(5) the period of time during which such interception is authorized, 
including a statement as to whether or not the interception shall automatically 
terminate when the described communication has been first obtained. An order 
authorizing the interception of a wire, oral, or electronic communication under 
this Act shall upon request of the applicant, direct that a provider of wire or 
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electronic communication service, landlord, custodian or other person shall 
furnish the applicant forthwith all information, facilities and technical assistance 
necessary to accomplish the interception unobtrusively and with a minimum of 
interference with the services that such provider, landlord, custodian, or person is 
according the person whose communications are to be intercepted. Any provider 
of wire or electronic communication service, landlord, custodian, or other person 
furnishing such facilities or technical assistance shall be compensated therefor by 
the applicant for reasonable expenses incurred in providing such facilities or 
assistance. 
(E) No order entered under this section may authorize or approve the interception 
of any wire, oral, or electronic communication for any period longer than is necessary to 
achieve the objective of the authorization, nor in any event longer than thirty days. Such 
thirty-day period begins on the earlier of the day on which the investigative or law 
enforcement officer first begins to conduct an interception under the order or ten days 
after the order is entered. Extensions of an order may be granted, but only upon 
application for an extension made in accordance with subsection (A) of this Section and 
the Court making the findings required by Section (C) of this Section. The period of 
extension shall be no longer than the authorizing judge deems necessary to achieve the 
purposes for which it was granted and in no event for longer than thirty days. Every 
order and extension thereof thereof shall contain a provision that the authorization to 
intercept shall be excepted as soon as practicable shall be conducted in such a way as to 
minimize the interception of communications not otherwise subject to interception under 
this Act, and must terminate upon attainment of the authorized objective, or in any event 
in thirty days. In the event the intercepted communication is in a code or foreign 
language, and an expert in that foreign language or code is not reasonably available 
during the interception period, minimization may be accomplished as soon as practicable 
after such interception. An exception under this Act may be conducted in whole or in part 
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by Government personnel or by an individual operating under a contract with the 
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authorized to conduct interception. 
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Government, acting under the supervision of an investigative or law enforcement officer 
(F) Whenever an order authorizing interception is entered pursuant to this Act, the 
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order shall require reports to be made to the judge who issued the order showing what 
been made toward achievement of the authorized objective and the need for progress has 
continued interception. Such reports shall be made at such intervals as the judge may 
require. 
(G)Notwithstanding any other provision of this Act, any investigative or law 
enforcement officer, specifically designated by the Secretary, who reasonably determines 
that - 
(1) An emergency situation exists that involves - 
(a) Immediate danger of death or serious physical injury to any 
person; 
(b) Conspiratorial activities threatening the national security 
interest; or 
(c) Conspiratorial activities characteristic of organized crime, that 
requires a wire, oral, or electronic communication to be intercepted before 
an order authorizing such interception can, with due diligence, be 
obtained, and 
(2) There are grounds upon which an order could be entered under this 
Act to authorize such interception, may intercept such wire, oral or electronic 
communication provided an application for an order approving the interception is 
made in accordance with this section within forty-eight (48) hours after the 
interception has occurred, or begins to occur. In the absence of an order, such 
interception shall immediately terminate when the communication sought is 
obtained or when the application for the order is denied, whichever is earlier. In 
the event such application for approval is denied, or in other case where the 
interception is terminated without an order having been issued, the contents of 
any wire, oral, or electronic communication intercepted shall be treated as having 
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been obtained in violation of this Act, and all recording and/or records acquired 
shall be deposited with the court where the application was made. 
(H)(l) The contents of any wire, oral, or electronic communication intercepted by 
means authorized by this Act shall, if possible, be recorded on tape or wire or other 
comparable device. The recording of the contents of any wire, oral, or electronic 
communication under this subsection shall be done in such a way as will protect the 
recording from editing or other alterations. Immediately upon the expiration of the period 
of the order, or extensions thereof, such recordings shall be made available to the judge 
issuing such order and sealed under his directions. Custody o f the recordings shall be 
wherever the judge orders. They shall not he destroyed except upon an order of the 
issuing or denying judge and in any event shall be kept for ten years. Duplicate 
recordings may he made for use or disclosure pursuant to the pi visions of subsections 
(A) and (B) of Section 9 of this Act for investigations. The presence of the seal provided 
for by this subsection, or a satisfactory explanation for the absence thereof, shall be a 
prerequisite for the use or disclosure of the contents of any wire, oral, or electronic 
communication or evidence derived therefrom under subsection (C) of Section 9. 
(2)Applications made and orders granted under this Act shall be sealed by 
the judge. Custody of the applications and orders shall be wherever the judge 
directs. Such applications and order shall be disclosed only upon a showing of 
good cause before a judge of competent jurisdiction and shall not he destroyed 
except on order of the issuing or denying judge, and in any event shall be kept for 
ten (10) years. 
(3) Any violation of the provisions of this subsection may he punished as 
contempt of the issuing or denying judge. 
(4)Within a reasonable time but not later than ninety days after the filing 
of an application for an order of approval under the provisions of this Act which 
is denied or the period granted or extensions thereof under an order has 
terminated, the issuing or denying judge shall cause to be served, on the persons 
named in the order of the application and such other parties to intercepted 
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communications as the judge may determine in his discretion that is in the interest 
of justice, an inventory which shall include notice of - 
(a) the fact of the entry of the order or the application; 
(b) the date of the entry and the period of authorized, approved or 
disapproved interception, or the denial of the application; and 
(c) the fact that during the period wire, oral, or electronic 
communications were or were not intercepted. The judge, upon the filing 
of a motion, may in his discretion make available to such person or his 
counsel for inspection such portions of the intercepted communications, 
application and orders as the judge determines to be in the interest of 
justice. On an ex parte showing of good cause to a judge o f court o f 
competent jurisdiction the serving of the inventory required by this 
subsection may be postponed. 
(I) The contents of any wire, oral, or electronic communication intercepted 
pursuant to this Act or evidence derived therefrom shall not be received in evidence or 
otherwise disclosed in any trial, hearing or other proceeding before any court unless each 
party, not less than ten (10) days before the trial, hearing, or proceeding, has been 
furnished with a copy of the court order, and accompanying application, under which the 
interception was authorized or approved. This ten-day period may be waived by the judge 
if he finds that it was not possible to furnish the part with the above information ten days 
before the trial, hearing, or proceeding and that the part will not be prejudiced by the 
delay in receiving such information. 
(J) (1) Any aggrieved person in any trial, hearing or proceeding in or before any 
court, department, officer, agency, regulatory body, or other authority of the State, or a 
political subdivision thereof, any move to suppress the contents of any wire or oral 
communication intercepted pursuant to this Act, or evidence derived therefrom, on the 
grounds that - 
(a) The communication was unlawfully intercepted; 
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(b) The order of authorization or approval under which it was 
intercepted is insufficient on its face; or 
(c) The interception was not made in conformity with the order of 
authorization or approval. Such motion shall be made before the trial, 
hearing, or proceeding unless there was no opportunity to make such 
motion or the person was not aware of the grounds of the motion. If the 
motion is granted, the contents of the intercepted wire or oral 
communication or evidence derived therefrom, shall be treated as having 
been obtained in violation of this Act. The judge, upon the filing of such 
motion by the aggrieved person, may in his discretion make available to 
the aggrieved person or his counsel for inspection such portions of the 
intercepted communication or evidence derived therefrom as the judge 
determines to be in the interests ofjustice. 
(2) The State shall have the right to appeal from an order granting a 
motion to suppress made under paragraph (1) of this subsection, or the denial of 
an application for an order of approval, if the prosecution shall certify to the judge 
or other official granting such motion or denying such application that the appeal 
is not taken for purposes of delay. Such appeal shall be taken within fifteen (15) 
days after the date the order was entered and shall be diligently prosecuted. The 
State may also avail of the special civil action provided under Rule 65 of the 
Rules of Court whenever applicable. 
(3) The remedies and sanctions prescribed in this Act with respect to the 
interception of electronic communications are the only judicial remedies and 
sanctions for violations of any provision of this Act involving involving such 
communications. 
(K) The requirements of subsections (A)(l)(b) and (C)(4) of this section relating 
to the specification of the facilities from which, or the place where, the communication is 
to be intercepted do not apply if - 
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(1) in the case of an application with respect to the interception of an oral 
communication 
(a) the application is by an investigative or law enforcement 
officer and is approved by the proper authorities prescribed by this Act 
@) the application contains a full and complete statement as to 
why such specification is not practical and identifies the person 
committing the offense and whose communications are to be intercepted; 
and 
(c) the judge finds that such specification is not practical. 
(2) in the case of an application with respect to a wire or electronic 
communication service - 
(a) the application is by a State investigative or law enforcement 
officer and is approved by the proper authorities prescribed in this Act. 
(b) the application identifies the person believed to be committing 
the offense and whose communications are to be intercepted and the 
applicant makes a showing of a purpose, on the part of that person, to 
thwart interception by changing facilities; and 
(c) the judge finds that such purpose has been adequately shown. 
(L) An interception of a communication under an order with respect to which the 
requirements of subsections (A)(2)@) and (C)(4) of this section do not apply by reason of 
subsection (K) shall not begin until the facilities from which, or the place where, the 
communication is to intercepted is ascertained by the person implementing the 
interception order. A provider of wire or electronic communications service that has 
received an order as provided for in subsection (K)(2) may move the court to modify or 
squash the order on the ground that its assistance with respect to the interception cannot 
be performed in a timely or reasonably fashion. The court, upon notice to the 
government, may decide a motion expeditiously. 
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SECTION 11. Reports Concerning Intercepted Wire, Oral or Electronic 
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Communicution. - 
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(A)Within thirty (30) days after the expiration of an order (or each extension 
thereof) entered under Section 10, or the denial of an order approving an interception, he 
issuing or denying judge shall report to the Court Administrator of the Supreme Court- 
(1) the fact that an order or extension was applied for; 
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(2) the kind of order or extension applied for (including whether or not the 
order was an order with respect to which the requirements of subsection 
(A)(2)(b)and (C)(4) of this section did not apply by reason of section IO(K) of 
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order. 
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(1) the information required by paragraphs (1) through (7) of the 
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preceding paragraph (A) with respect to each application for an order or extension 
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made during the preceding calendar year; 
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(2) a general description of the interceptions made under such order or 
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extension including (a) the approximate nature and frequency of other 
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communications intercepted, and (b) the approximate nature, amount, and cost of 
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the manpower and other resources used in the interceptions; 
(3) the fact that the order or extension was granted as applied for, was 
(4) the period of interceptions authorized by the order, and the number and 
duration of any extensions o€ the order; 
(5) the offense specified in the order or application, or extension of an 
(6) the identity of the applying investigative or law enforcement officer 
and agency making the application and the person authorizing the application; and 
(7) the nature o f t he facilities from which o r the p lace where 
communications were to be intercepted, 
(B)In January of each year the Secretary of Justice shall report to the Court 
Administrator of the Supreme Court - 
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(5) the number of motion to suppress made with respect to such 
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year. 
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(C)In April of each year the Court Administrator of the Supreme Court shall 
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transmit to Congress a full and complete report concerning the number of applications for 
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orders authorizing or approving the interception of wire, oral, or electronic 
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denied pursuant to this Act during the preceding calendar year. Such report shall include 
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a summary and analysis of the data required to be filed by the Supreme Court by 
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subsections (1) and (2) of this Section. The Supreme Court is hereby authorized to issue 
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binding regulations dealing with the content and form of the reports required to be filed 
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by subsections (A) and (B) of this Section. 
(3) the number of arrests resulting from interceptions made under such 
order or extensions of an order, and the offenses for which arrests were made; 
(4) the number of trials resulting from such interceptions; 
interceptions, and the number granted or denied; 
(6) the number of convictions resulting from such interceptions and the 
offenses and the offenses for which the convictions were obtained and a general 
assessment of the importance of the interceptions; and 
(7) the information required by paragraphs (B) through (F) of this 
subsection with respect to orders or extensions obtained in a preceding calendar 
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SECTION 12. Recovepy of Civil Damages Authorized. - Any person whose wire, 
oral, or electronic communication is intercepted, disclosed, or intentionally used, in 
violation of this Act may recover from the person or entity w hich engaged in that 
violation such relief as may be appropriate through a civil action which may proceed 
independently from the criminal prosecution instituted under this Act. 
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SECTION 13. Injunction against Illegal Interception. - Whenever it shall appear 
that any person is engaged or is about to engage in any act which constitutes or will 
constitute a felony in violation of this Act, any aggrieved person any initiate a civil action 
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in a court of competent jurisdiction to enjoin such violation. The court shall proceed as 
soon as practicable to the learning and determination of such an action, and may, at any 
’ time before final determination, enter such a restraining order or prohibition, or take such 
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other action as is warranted to prevent a continuing and substantial injury to the State or 
to any person or class of persons for whose protection the action is brought. 
SECTION 14. Enforcement by Court Issuing Surveillance Order. - If a court 
authorizing an interception under Section 10 (D)(5) of this Act finds that a 
telecommunications carrier has failed to comply with the requirements of the 
authorization containing an order of assistance, direct that the carrier comply forthwith 
and may direct that a provider of support services to the carrier or the manufacturer of the 
carrier’s transmission or switching equipment furnish forthwith modifications necessary 
for the carrier to comply. 
(A) Civil Penalty. - 
(1) In general - A court issuing an order under this section against a 
telecommunications carrier, a manufacturer of telecommunications transmission 
or switching equipment or a provider of telecommunications support services may 
impose a fine of up to Ten Thousand Pesos (PlO,OOO.OO) per day for each day of 
violation after the issuance of the order or after such future date as the court may 
specify. 
(2) Considerations - In determining whether to impose a civil penalty and 
in determining its amount, the court shall take into account 
(a) the nature, circumstance, and extent of the violation; 
(b) the violator’s ability to pay, the violator’s good faith efforts to 
comply in a timely manner, any effect on the violator’s ability to continue 
to do business, the degree of culpability, and the length of any delay in 
undertaking efforts to comply; and 
(c) such other matters as justice may require. 
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SECTION 15. Penalties. - Any person found guilty of violating any provision of 
this Act shall be imprisoned for a period ranging from six years and one day up to twelve 
years and shall pay a fine of One Hundred Thousand Pesos (PlOO,OOO.OO). 
SECTION 16. Separability Clause. - If any provision, or part hereof, is held 
invalid or unconstitutional, the remainder of the law or the provision not otherwise 
affected shall remain valid and subsisting. 
SECTION 17. Repealing Clause. - Any law, presidential decree or issuance, 
executive order, letter of instruction, administrative order, rule or regulation contrary to 
or inconsistent with, the provisions of this Act is hereby repealed, modified or amended 
accordingly. 
SECTION 18. Effectivity Clause. - This Act shall take effect fifteen (15) days 
after its publication in at least two (2) newspapers of general circulation. 
Approved. 
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