R.A.

4200 (Anti-wire Tapping Law) enacted on June 19, 1965

Kinds of communication covered by RA 4200 Only private communication or conversation. The substance of the conversation need not be alleged in the nformation to constitute violation of the la!. "hat R.A. 4200 penali#es are the acts of $%&R%T'( overhearing) intercepting or recording private communication by means of the devices enumerated therein. *+R $,R+-%.&% The mere allegation that an individual made secret recording of a private conversation by means of a tape recorder !ould suffice to constitute an offense under $ec. / R.A. 4200. (Ramirez vs. CA 248 SCRA 590) %ven a privy to the communication !ho records his private conversation !ithout the 0no!ledge of the latter !ill 1ualify as a violator under the provision of R.A. 4200 2ibid3 -evices covered by la!4 -ictaphone) dictagraph) detectaphone) !al0ie5tal0ie or tape recorder 2or ho!ever other!ise described3 6ere act of listening via e7tension telephone is not among those such devices or arrangement covered by la!. 2 Gaanan vs. IAC 145 SCRA 113) +nauthori#ed tape recording of telephone conversation not admissible in evidence. There must be a clear sho!ing that both parties allo!ed the recording of the same. 2 Salcedo !r"anez vs. CA 235 SCRA 111) "here the e7change of conversation bet!een t!o 223 persons is not private) its tape recording is not prohibited. 2 #avarro vs. CA 313 SCRA 153) Taped conversation and statements from radio !ill not be admissible as evidence in &ourt unless they are authenticated by a !itness !ho did the taping or by someone familiar !ith the voice being tape. 2Re$ %i&el case 'iled &( A""(. )an*el +on"anosas a,ains" a radio commen"a"or 'or mali,nin, "-e memor( o' -is la"e 'a"-er .*d,e) The right of privacy cannot be invo0ed to resist publication and dissemination of matters of public interest. 2 A(er /rod*c"ions /0"(. %"d. 1s. Ca0*lon, 120 SCRA 821) A voice recording is authenticated by the testimony of a !itness4 a.3 That he personally recorded the conversation

b.3 That the tape played in &ourt !as the one recorded c.3 That the voices on the tape are those of the persons such are claimed to belong to. .ote4 8 Analy#e 9:ello ;arce< tape "hite :ouse scandal on 9"atergate tape<