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(Anti-Wire Tapping Law of 1965) : Republic Act No. 4200

Republic Act No. 4200, also known as the Anti-Wire Tapping Law of 1965, prohibits the unauthorized wiretapping, recording, or interception of private communications without consent from all parties. The law establishes exceptions for authorized law enforcement to conduct wiretapping with a court order in cases of serious crimes against national security. Any evidence obtained in violation of the law is inadmissible in court. Violations are punishable by imprisonment and other penalties.

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375 views11 pages

(Anti-Wire Tapping Law of 1965) : Republic Act No. 4200

Republic Act No. 4200, also known as the Anti-Wire Tapping Law of 1965, prohibits the unauthorized wiretapping, recording, or interception of private communications without consent from all parties. The law establishes exceptions for authorized law enforcement to conduct wiretapping with a court order in cases of serious crimes against national security. Any evidence obtained in violation of the law is inadmissible in court. Violations are punishable by imprisonment and other penalties.

Uploaded by

Sylvester Delos Reyes
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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REPUBLIC ACT NO.

4200
(ANTI-WIRE TAPPING LAW OF 1965)
WHAT IS WIRE-TAPPING?

THE ACT OF TAPPING ANY WIRE OR CABLE,


OR USING ANY OTHER DEVICE OR
ARRANGEMENT, TO SECRETLY OVERHEAR,
INTERCEPT, OR RECORD A PRIVATE
COMMUNICATION/CONVERSATION OR SPOKEN
WORD WITHOUT THE KNOWLEDGE OR CONSENT
OF ALL THE PARTIES.
COURSE OBJECTIVES

AT THE END OF THE COURSE, THE AGENTS ARE ABLE TO:


1. DEFINE RA 4200 OR THE ANTI-WIRE TAPPING LAW OF 1965
2. RECITE THE RATIONALE OF RA 4200.
3. IDENTIFY THE EXCEPTION TO RA 4200.
4. APPLY THE LAW AND ITS EXCEPTIONS TO A GIVEN SITUATION.
PROHIBITED ACTS
1. 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;
2. to knowingly possess any tape record, wire record, disc record, or
any other such record, or copies thereof
3. 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
OTHER VIOLATION
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 Sec. or who violates
the provisions of the following Sec. or 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 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, and, if the offender is
an alien he shall be subject to deportation proceedings. 
EXCEPTION
Sec. 3. Nothing contained in this Act, however, shall render it
unlawful or punishable for any peace officer, who is authorized by a
written order of the Court, to execute any of the 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, sedition,
conspiracy to commit sedition, inciting to sedition, kidnapping
as defined by the Revised Penal Code, and violations of
Commonwealth Act No. 616, punishing espionage and other
offenses against national security.

Is terrorism included?
Drug cases?
CONDITIONS
1. The 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:
a. That there are reasonable grounds to believe that any of the crimes
enumerated hereinabove has been committed or is being committed or
is about to be committed;
b. 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;
c. 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 such crimes; and
d. 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.

The court referred to in this Sec. 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.

COURT OF APPEALS (CA) FOR TERRORISM (RA 9372)


FRUIT OF THE POISONOUS TREE

Sec. 4. Any communication or spoken word, or the


existence, contents, substance, purport, 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.
PRIVATE COMMUNICATIONS
CAN BE WAIVED BY
“SHOUTING”
PENALTY

…Imprisonment for not less than six months or


more than six years and 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, and, if the offender is an alien he shall
be subject to deportation proceedings. chan robles virtual law library

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