REPUBLIC ACT NO.

4200

(An Act to Prohibit and Penalize Wire Tapping 5. to furnish transcriptions thereof,
and Other Related Violations of the Privacy of whether complete or partial, to any other
Communication, And For Other Purpose) person.
Sec.2
Reported by: Lyka L. Pascua
Who are liable?
1. Direct Participants
- Any person who willfully or knowingly
Acts Punishable: does any of the acts declared to be
1. To tap any wire or cable, or by using any unlawful
other device or arrangement, without being
authorized by all the parties to any private 2. Any person who shall aid, permit, or
communication or spoken word, to secretly
cause to be done any of the acts declared
overhear, intercept, or record such
communication or spoken word by using a to be unlawful
device commonly known as a dictaphone or
dictagraph or detectaphone or walkie-talkie or 3. Peace officer not authorized to execute
tape recorder, or however otherwise acts declared to be unlawful
described, except where the same is done
pursuant to a court order and complies with all
the conditions imposed by section 3 of this Penalties:
law.  Imprisonment for not less than six
months or more than six years
Elements:  If the offender be a public official,
imprisonment for not less than six months
 That there is a private
communication. or more than six years with the accessory
 That the offender taps any wire or penalty of perpetual absolute
cable, or uses device or disqualification from public office
arrangement for the purpose of  If the offender is an alien he shall be
secretly overhear, intercept, or
subject to deportation proceedings.
record such private communication.
 That the offender overhears,
intercepts, or records the private Sec.3
communication without authority When is wire-tapping allowed?
from all the parties thereto. - A peace officer, who is authorized by a
 That the offender overhears,
written order of the Court, may execute
intercepts, or records private
communication without written any of the acts declared to be unlawful in
authority from a competent court. cases involving the crimes of:
 Treason
2. to knowingly possess any tape record,  Espionage
wire record, disc record, or any other such  Provoking war and disloyalty in
record, or copies thereof, of any case of war
communication or spoken word secured  Piracy
 Mutiny in the high seas
3. to replay the same for any other person  Rebellion
or persons;  Conspiracy and proposal to
commit rebellion,
4. to communicate the contents thereof,  Inciting to rebellion
either verbally or in writing,  Sedition
  conspiracy to commit sedition
 Inciting to sedition
 Kidnapping as defined by the
Revised Penal Code
 Violations of Commonwealth Act
No. 616, punishing espionage and
 Other offenses against national
security:
Requisites for the issuance of a written
court order:
1. There must be a written application
2. There must be an examination under
oath or affirmation of the applicant and
the witnesses he may produce
3. There must be a showing that there are
reasonable grounds to believe that any of
the crimes enumerated has been
committed or is being committed or is
about to be committed.
4. In cases involving the offenses of
rebellion, conspiracy and proposal to
commit rebellion, inciting to rebellion,
sedition, conspiracy to commit sedition,
and inciting to sedition, such authority
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.
5. 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 of such crimes
6. That there are no other means readily
available for obtaining such evidence.
Contents of Written Court Order
1. The identity of the person or persons
whose communications, conversation,
discussions, or spoken words are to be
overheard.
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 presented
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.
What happens to the recorded matter?
All recordings made under court
authorization shall, within forty-eight
hours after the expiration of the period
fixed in the order, be deposited with the
court in a sealed envelope or sealed
package, and shall be accompanied by an
affidavit of the peace officer
The affidavit should state: 
1. number of recordings
2. the time each recording was made

3. the number of recorded material
4. and certify that no copies were
made and if there are such copies,
they're included in the package
Sec.4
Inadmissibility of Evidence
Any communication or spoken word, or
any information obtained by any person in
violation of the of this Act shall not be
admissible in evidence in any judicial,
quasi-judicial, legislative or administrative
hearing or investigation.