The intellectual property code of the philippines the law. Known as the antiwire tapping law is hereby amended to read as follows. On june 19, 1965, congress enacted republic act no. The proposed measure has amended certain elements of the antiwire tapping law that delved into more detailed and specific contents of section 1 and section 3 of ra 4200, cacdac added. Gaanan thus is acquitted of the crime of violation of ra 4200, otherwise known as the antiwiretapping act. The sentence for a category d felony in las vegas includes. Ra 4200 anti wiretapping law 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. Policy an act to prohibit and penalize wiretapping and otherrelated violations of the privacy of communication, and for other purposes.
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 be. Due to innovations in information technology, this right to privacy has now been extended in scope to include even electronic ways of communicating, the. However, ra 4200 provides an exception for instances where a law enforcement officer is authorized by a written order of the court to perform wiretapping 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. Act ra 10173, anti wiretapping law ra 4200, the ecommerce law ra 8792 and the latest cybercrime law ra 10175. Overview this is an act to strengthen the anti hospital deposit law by incresing the penalties for the refusal of hospitals and medical clinics to administer appropriate initial medical treatment and support in emergency or serious cases. Apr 16, 2015 congress passed the antiwiretapping law, r. The need for revisions to the law of wiretapping and interception of email robert a. Ra 53 october 5 1946 press freedom law now known as the sotto. Bp 8 december 2, 1978 defined the metric system and set the basis for its implementation in the country. North carolina in north carolina, it is a felony to willfully intercept, endeavor to intercept, or get any other person to intercept any wire, oral, or electronic communication or to use any device, which transmits by radio, wire, or cable, without the consent of at least one party to the communication. A collection of philippine laws, statutes and codes not included or cited in the main indices of the chan robles virtual law library. Statutory rules of exclusion a tax reform act of 1997, section 201 b ra 1405, law on secrecy of bank deposits ra 7653, 5 c ra 4200, antiwiretapping act i ganaan vs. Article 280, revised penal code invasion of privacy is an offense in special laws like the antiwiretapping law, republic act 4200 the secrecy of bank deposits act republic act 1405 and the intellectual property code.
This page features the full text of republic act no. Anti wiretapping law republic act 4200 is probably the most quoted law nowadays. State of surveillance in the philippines foundation for. 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. Republic act 8293 the rules of court on privileged communication likewise recognize the privacy of certain information. Remulla and escudero have bought into the palaces own argument that as it currently stands, ra 4200 the anti wiretapping law of 1965 somehow makes the garci recordings poison fruits because of their patently illegal provenance as either treasonous studio fakes or illegally.
Manila proposes strengthening antiwiretapping law digital. Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. Be it enacted by the senate and house of representative of the philippines in congress assembled. Barbers requested the twg to reconcile the proposed house version of the bills with that of the senate, after noting that the counterpart committee in the senate has. Ra 4200 antiwiretapping law of 1965 the ooc coordinates with law enforcement agencies and the. Ra 4200 in order to further enhance its effectiveness. Under said law, wiretapping is allowed when a peace officer is armed with a court. Juan ponce enrile tried to make it seem that the garci recordings are not covered by section 3 crimes against national security. Gaanan thus is acquitted of the crime of violation of ra 4200, otherwise known as the anti wiretapping act. Procedure for interception of wire, oral, or electronic communications 2519. Code chapter 119 wire and electronic communications.
Anti wiretapping law ra 4200 free download as word doc. Antiwiretapping law ra 4200 treason conspiracy criminal. In addition, the national telecommunications commission has a standing memorandum circular for the retention of data by telecommunications companies. Sharmaine amada infomercial about anti wire tapping law an abma3 semifinal exam professor. Overview this is an act to strengthen the antihospital deposit law by incresing the penalties for the refusal of hospitals and medical clinics to administer appropriate initial medical treatment and support in emergency or serious cases. It shall be unlawful for any person, not being authorized by all the parties to any private communication or spoken word, to tap any. Antiwiretapping law ra 4200 free download as word doc. Welcome to the official website of the philippine center on transnational crime pctc. Wiretapping has been used to solve major crimes such. He is a retired police officer who headed the philippine national police from 1999 to 2001 as senator, lacson earned a reputation as a watchdog of the national budget, calling out and pushing for the removal of dubious.
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. Senate bill 1210 expanded antiwire tapping act of 2016. There are several policies governing surveillance, such as the antiwiretapping law, cybercrime law, data retention law, human security act, and e. There are legal provisions that makes those who offer bribes liable. It also intends to stop the practice by officers of the government of spying on one anothera most obnoxious instrument of oppression or arbitrary power. Republic of the philippines office of the president. Ra 4200 anti wiretapping law on special crime 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. Thus, it is worthy to examine the said law and discuss. The bill is seeking to amend republic act 4200, otherwise known as the anti wiretapping law, which was passed in 1965 when the internet was not yet in existence in its current form. Ra 6826 delegated emergency powers to president corazon aquino in 1989 on account of a rebellion.
It shall be unlawful for any person, not beingauthorized by all the parties to any privatecommunication or spoken word, to tap any wire orcable, or by using. This act shall be known as the antiphoto and video voyeurism act of. Law enforcement or military officer authorized by a written court order crimes of treason, espionage, provoking war and disloyalty in case. Republic of the philippines national capital judicial region metropolitan trial court branch 47, pasay city people of the philippines, plaintiff. Ra 4200 antiwiretapping law 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. A mere allegation that you made a secret recording of a private conversation is enough to be considered a violation of ra 4200. Sharmaine amada infomercial about antiwire tapping law an abma3 semifinal exam professor. Apr 03, 2006 its pretty clear from the sentence above in red italics that reps. The entrapped officers can go after them, tolentino said in a radio interview on sunday. Ra 4200 antiwiretapping law on special crime 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. Enforcement of the communications assistance for law enforcement act 2523.
However, the philippines ranked low in cultural aspect due to. Bunye violated ra 4200 because he knowingly possessed illegally wiretapped recordings of the commander in chief and a comelec commissioner. Policy an act to prohibit and penalize wiretapping and other related violations of the privacy of communication, and for other purposes. On video and audio recording using your mobile phone law firm. Republic act 4200 policy an act to prohibit and penalize wiretapping and other related violations of the privacy of communication, and for other purposes section 1. Ra 6173 oil industry commission act bp 8 december 2, 1978 defined the metric system and set the basis for its implementation in the country. The legal definition of wiretapping in las vegas, nevada, is the intercepting, recording, or disclosing of contents of any wire communication such as a phone call, including cell calls and text messages.
Ra 4200 anti wiretapping law pdf an act to prohibit and penalize wire tapping and other related violations of the privacy of. Pdf cybersecurity awareness among selected educational. Its pretty clear from the sentence above in red italics that reps. State of privacy philippines privacy international. 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. Ra 53 october 5 1946 press freedom law now known as the.
The office is created under the executive order no. The need for revisions to the law of wiretapping and. Reports concerning intercepted wire, oral, or electronic communications 2520. Overview of federal statutes governing wiretapping and electronic eavesdropping congressional research service summary this report provides. Modern philippine standard time was also instituted under this law. The following and similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief.
Governing wiretapping and electronic eavesdropping. An extension telephone is not among such devices or arrangements. The publics right to know ends at the fifth amendment. The law prohibits the tapping of any wire or cable, or using other devices to record, intercept, or secretly overhear any private communication or. The mission of the philippine center on transnational crime pctc is to formulate and implement a concerted program of action of all law enforcement, intelligence and other. Legislative attorney charles doyle senior specialist in american public law october 9, 2012 congressional research service 75700. Aug, 2017 the 1987 constitution defanged martial law ml to prevent a repetition of the abuses perpetrated during the regime of ferdinand marcos. It shall be unlawful for any person, not being authorized by all the. 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. Act ra 10173, antiwiretapping law ra 4200, the ecommerce law ra 8792 and the latest cybercrime law ra 10175. That is the point this blog has been making almost since the first day that i read ra 4200 anti wiretapping law.
1271 260 408 505 1096 64 1457 744 1024 320 566 1529 247 1333 1650 625 1421 1646 281 1118 1026 1223 859 880 1479 191 555 1374 379 1343 246 402 41 170 431 806 30