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ANTI-WIRETAPPING LAW
Republic Act No. 4200
June 19, 1965
Case Overview and Summary
Summary of Republic Act No. 4200Prohibition on Wire Tapping and Related Violations
- It is unlawful for any unauthorized person to tap wires, cables, or use devices to secretly overhear, intercept, or record private communications or spoken words. (Section 1)
- It is also unlawful to knowingly possess, replay, communicate, or furnish transcriptions of such illegally recorded communications. (Section 1)
Penalties
- Violators shall be punished with imprisonment of 6 months to 6 years, and perpetual disqualification from public office if the offender is a public official. (Section 2)
- If the offender is an alien, they shall be subject to deportation proceedings. (Section 2)
Exceptions for Law Enforcement
- Peace officers authorized by a written court order can execute the otherwise unlawful acts in cases involving specific crimes, such as treason, espionage, rebellion, sedition, kidnapping, and violations of the National Security Act. (Section 3)
- The court order shall be granted only upon a written application, examination under oath, and a showing of:
1. Reasonable grounds that one of the enumerated crimes has been, is being, or is about to be committed. (Section 3)
2. Reasonable grounds that evidence essential for conviction, solution, or prevention of such crimes will be obtained. (Section 3)
3. No other means readily available for obtaining such evidence. (Section 3)
- The order shall specify the identities, communication lines, offenses, and the period of authorization not exceeding 60 days. (Section 3)
- Recordings made under court authorization shall be deposited with the court within 48 hours after expiration, accompanied by an affidavit certifying no duplicates were made. (Section 3)
Inadmissibility of Illegally Obtained Evidence
- Communications or information obtained in violation of this Act shall not be admissible as evidence in any judicial, quasi-judicial, legislative, or administrative hearing or investigation. (Section 4)
Repeal of Inconsistent Laws
- All laws inconsistent with this Act are repealed or amended accordingly. (Section 5)
Effective Date
- This Act shall take effect upon its approval. (Section 6)
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wire tapping
privacy of communication
recording conversations
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national security crimes
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Law
ANTI-WIRETAPPING LAW
Republic Act No. 4200
•June 19, 1965
REPUBLIC ACT No. 4200
AN ACT TO PROHIBIT AND PENALIZE WIRE TAPPING AND OTHER RELATED VIOLATIONS OF THE PRIVACY OF COMMUNICATION, AND FOR OTHER PURPOSES.
Section 1. It shall be unlawful for any person, not being authorized by all the parties to any 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 dictaphone or walkie-talkie or tape recorder, or however otherwise described:
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 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...
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