R.A.

3846, 4200 &7925: Case Analysis on the

Regulation of Radio Stations, Radio Communications
in the Philippine Islands; Prohibition and Penalization
of Wire Tapping and Other Related Violations of the
Privacy of Communication; and the Development of
Philippine Telecommunications Services
Ramon Benedict L. Lapina
School of Electrical, Electronics, and Computer Engineering
Manila, Philippines
rbllapina@mymail.mapua.edu.ph

Abstract—This paper discusses the Republic Acts 3846, 4200
& 7925 which respectively involves the administration, security
of privacy from and the scope of the telecommunications industry
in the Philippines. The presentation of Group 1 is first being
thoroughly discussed through a reaction peace; followed by the
thorough discussion of each Republic Acts. Case Analyses were
also being demonstrated in order to show the applications and
purposes of these laws in the adherence of people’s rights to
privacy of information and distribution of radio bandwidths.
Keywords—Telecommunications; Wire-tapping; Hello Garci;
Bandwidths; Information; Data
I. REACTION TO GROUP 1’S PRSENTATION
The group has explained and expounded the meaning and
functionalities of R.As 3846, 4200 & 7925. They have
discussed the Regulation of Radio Stations and
Communications, Prohibition and Penalization of Wire
Tapping Violation of the Privacy of Communication and the
Development Philippine Telecommunications Services in a
through manner. They have not only just provided an easier
explanation for the following Acts stated, but also have given a
Case Analysis per RA in order to demonstrate their
applications in our daily lives.
The Republic Act of 3846 talks about the regulation of
radio operations in the Philippines. This law is under the
jurisdiction of National Telecommunications Commission or
what was once known as the Secretary of Commerce and
Communication of the Philippines. This law covers the
establishment of radio facilities that are used to transmit
information and data. The group discussed on this aspect
particularly on how the provisions were stated as well as
example case analyses which included the issue on the illegal
operation of the DyPC since there was no franchise that was
being brought up to the congress. Another issue being
discussed in their case analysis is about the recent ABS-CBN
issue wherein there were denied of franchise renewal. This is
due to tax-related and foreign ownership issues.
The Republic Act of 4200 was also being discussed in their
presentation. The law talks about the prohibition and
penalization of illegal wire tapping and other violations of the
privacy of communication. The group has emphasized more
that this act encompasses all except for the peace officers that
are authorized to do such illegal acts if it involves the national
security and the presentation of evidence to the court. This act
was then even modified in order to expand its scope due to the
exemptions which allowed officers to commit the act illegally;
to pose a threat by the terrorists; and also intercepting private
communications through electronic devices such as cellphones
and other emerging communication technologies. Cases were
also presented, one of which interested me is their discussion
on the “Hello Garci” case. This issue became a national
concern as the audio leaked contained controversial
conversations between the president and some public officials.
The conversation talks about the former president’s plans on
rigging the 2004 National Elections with her confidante who is
the election commissioner Virgilio Garcillano.
R.A. 7925 is also being discussed which covers the scope
of the telecommunications industry. This act specifically talks
about the general provisions legal definitions (Article 1), policy
and objectives (Article 2), administration (Article 3),
telecommunication entities (Article 4), other services and
facilities (Article 5), franchise, rates and revenue determination
(Article 6), rights of telecommunication users (Article 7),
telecommunications development (Article 8) and the final
provisions (Article 9). Case analyses were also being
demonstrated so as to show the application of this law in the
telecommunications industry.
 II. R.A. 3846, 4200 AND 7925
R.As 3846, 4200 & 7925 are laws that implement the
regulation and legality of providing telecommunication
services in the country. This also includes the safeguarding of
privacy of the citizens while the progress and invasiveness on
the privacy of the citizens by this industry is exponentially
increasing. This also allows the proper organization and
distributing of bandwidths to different radio stations operating
legally in the country. These laws are vital in effectively
communicating information from one place to another while
maintaining he privacy of that information between the two
parties involved.
A. R.A. 3846
R.A. 3846 explicitly discusses on the guideline of radio
offices on the establishment, franchising, ownership, operation
and transactions of radio telecom stations. The republic act
underlines on the authority of the National
Telecommunications Commission (NTC), over the permitting
of building transmission stations in the Philippines. This law
also encompasses for the halt of operations whenever it is in
the act of war, public hazard, catastrophe and disaster or the
radio broadcast might be used by the public authority given
that a pay is given to the proprietor. The law additionally
discusses on the illegalization of unapproved transmission and
gathering of confidential messages and the exception of
impermanent unfamiliar portable stations given that such
stations are under the purview of the International
Radiotelegraph Regulations. Penalties or Punishments are also
being tackled for proprietors of radio broadcasting networks,
communications and offices who neglected to comply with the
prohibitions
B. R.A. 4200
R.A. 4200 delves into the illegalization and penalizing of
unsolicited wire-tapping and other illegal extraction of
information verbally, in written or through any electronic
devices. This law also includes which people and for what
purposes should this act become legal as these acts might be
vital in solving a national crisis, criminal case and the like.
Moreover, this Republic Act protects the privacy of
communication between parties whenever these interactions
and interchanging of data are considered confidential.
C. R.A. 7925
R.A. 7925 focuses on the regulation of telecommunication
companies in the Philippines. It encompasses all the provisions
which describes the title, scope and legal definitions of this
Republic Act.
Besides, the law also states the power that the public
authority holds over Philippine Telecommunications
organization. The strategies referenced are put to create and
keep up ideal framework of media communications in the
Philippines which is fundamental in country improvement. The
public authority likewise directs through two entities of
telecommunication body in the country, which are the National
Telecommunications Commission (NTC) and Department of
Transportation and Communication (DOTC). It is also
expressed in R.A. 7925 the forces of NTC and DICT which is
capable in the execution of the demonstration to carry out the
demonstration suitably. Telecom entities such as Local
Exchange Operator, Carriers, Service Providers, and Radio
Services were additionally talked about in the Act including
what is anticipated from these elements in the event that they
wish to work. RA. 7925 likewise incorporate different
administrations and offices that expect media communications
to work and furthermore the guidelines on giving
establishment, rates and income of telecom organizations.
Beside substances giving media transmission administrations,
arrangements are additionally remembered for the privileges of
broadcast communications clients. In conclusion, arrangements
that worry the improvement of the field of broadcast
communications in the Philippines are remembered for the
demonstration.
III. CASE ANALYSES
1) A private conversation between X and Y was recorded
by T with the consent of Y. Later on, X learned about the
recording. Is X legally justified to file a case on Y and T?
This issue involves the Philippine Republic Act 4200
which focuses on the prohibition and penalization of wire
tapping and other violations of the privacy of
communication. In its Section 1, it was stated that it is
unlawful for a person who is unauthorized by all parties to
intercept such communication through any means.
Applying this to the problem, since Y and T is only
authorized by only one of the parties and not all, thus this
act done by T is illegal and X is justified to file a case on Y
and T. According to Section 2, the illegal act committed by
Y and T can find them punished by imprisonment not less
than six months or more than six years with also a penalty
of perpetual absolute disqualification from public office if
the offender is running for public office. For a foreigner,
he is a subject for deportation.
2) P overheard a private communication between A and B
without a grant from the court. Both from the private parties
did not give a consent to P. Since P is a public official, is he
exempted from the crime?
Whether P might be a peace officer on off-duty or
working on a criminal case, he is still not yet exempted in
complying the R.A. 4200. It is stated in Section 3 that the
officer is yet to be authorized by the Court in order to
legalize the violating acts of this R.A. that he will be
committing, provided that the information he is going to
intercept or extract will be for the sake of the Country’s
National Security, an evidence for an ongoing criminal
case and the like. Until he is authorized by the court, the
interception of such information will always be under the
authorities of parties A and B, who are the parties involved
in the conversation.
 3) Is R.A. 4200 applicable to the “Hello Garci” case?

Before the start of every “Hello Garci” audio clips, it

was emphasized that this was a clip used as an evidence
for the court hearing ongoing against the former President
Gloria Arroyo’s accusations of rigging the 2004 Philippine
Presidential Elections. Since in actual, this was presented
during a live court case and it was authorized by the jude
of the hearing to play it, this goes to show that the
following acts comply the Section 3 of the R.A. 4200
which was used the intercepted messages as evidences for
an ongoing investigation on Former President Gloria
Arroyo upon her bribery and rigging of the Elections. It
was approved by the Court as the committed was
considered a threat to what the Philippine Constitution
stands, which is about the citizen’s freedom of choice.

REFERENCES

[1] Lawphil.net. 2021. Republic Act No. 3846. [online] Available at:
<https://lawphil.net/statutes/repacts/ra1963/ra_3846_1963.html>
[Accessed 10 April 2021].

[2] Lawphil.net. 2021. Republic Act No. 4200. [online] Available at:
<https://www.lawphil.net/statutes/repacts/ra1965/ra_4200_1965.html>
[Accessed 10 April 2021].K. Elissa, “Title of paper if known,”
unpublished.

[3] Lawphil.net. 2021. Republic Act No. 4200. [online] Available at:
<https://www.lawphil.net/statutes/repacts/ra1965/ra_4200_1965.html>
[Accessed 10 April 2021].