Human Rights-Based Intelligence Operations - Commission on ...

3.3 Rules of Behavior in
Information Collection & Investigation
Anti-Wiretapping Law
The means to conduct surveillance is limited
by RA 4200 - An Act to Prohibit and Penalize
Wiretapping and Other Related Violations
of the Privacy of Communication, and For
Other Purposes or otherwise known as the
Anti-Wiretapping Law. It seeks to penalize
wiretapping and other related violations of the
right to privacy of communication guaranteed
under the Bill of <strong>Rights</strong>. Any recording,
communication or spoken word obtained
in violation of the provisions of this Act is
inadmissible as evidence in any judicial,
quasi-judicial or administrative hearing or
investigation.
Unlawful acts under RA 4200
are the following:
1. Tapping of any wire or cable or using
any other device or arrangement, to
secretly overhear, intercept, or record such
communication or spoken word.
2. Knowingly possessing any tape/wire
record, disc record, or copies thereof,
of any communication or spoken word;
replaying the same for any other person
or persons; communicating the contents
thereof verbally, or in writing and,
furnishing transcriptions thereof, whether
complete or partial.
Wiretapping is lawful if the following
conditions exist:
1. When a peace officer is authorized by
written order from the court; and,
2. In cases involving treason, espionage,
provoking war and disloyalty in cases
of war, piracy, mutiny in 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 RPC and violations of
Commonwealth Act No 616, punishing
espionage and other offenses against
national security. (Sec. 3, RA 4200)
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