A CONTENT ANALYSIS OF SUPREME COURT DECISIONS ON ANTI-WIRETAPPING

LAW AND ITS IMPLICATION TO THE LEGAL SYSTEM

A Thesis
Presented to
The Faculty of the College of Law
CENTRAL PHILIPPINE UNIVERSITY

In Partial Fulfillment of
The Requirements for the Degree
JURIS DOCTOR (J.D.)

By:
Lady Jeane C. Aspera, J.D. - IV
April 2017
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A CONTENT ANALYSIS OF SUPREME COURT DECISIONS ON ANTI-WIRETAPPING

LAW AND ITS IMPLICATION TO THE LEGAL SYSTEM

Lady Jeane C. Aspera

ABSTRACT

Albert Einstein said: T

“ he strength of the Constitution lies entirely in the determination of

each citizen to defend it. Only if every single citizen feels duty bound to do his share in

this defense are the constitutional rights secure.” Article III, section 3 of the 1987

Philippines Constitution substantially provides for the protection of every citizen of the

right to privacy of communication and correspondence. It shall be inviolable except

upon lawful order of the court, or when public safety or order requires otherwise as

prescribed law. Additionally, any evidence obtained in violation of this provision shall be

inadmissible in evidence for any purpose in any proceeding. The Bill of Rights is not

meant to invoke against act of private individuals but it is directed against the

government and its agencies tasked with the enforcement of the law. This constitutional

provision is strengthened through R.A. No. 4200 or the Anti-wiretapping law. Moreover,

the law similarly aims to prevent officers of the government of spying on one another

which it refers to as a “most obnoxious instrument of oppression or arbitrary power.

 A CONTENT ANALYSIS OF SUPREME COURT DECISIONS ON ANTI-WIRETAPPING LAW AND ITS
IMPLICATION TO THE LEGAL SYSTEM
3 – Very Aware 2 – Aware 1 – Not Aware

Punishable Acts
Statement 3 2 1
1. 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
section or who violates the provisions of the following section or of any order
issued thereunder, or aids, permits, or causes such violation shall, upon
conviction thereof, be punished by imprisonment.
2. Violations of Commonwealth Act No. 616, punishing espionage and other
offenses against national security related Wire Tapping Act
3. 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.
4. It shall also be unlawful for any person, be he a participant or not in the act
or acts penalized in the next preceding sentence, to knowingly possess any
tape record, wire record, disc record, or any other such record, or copies
thereof, of any communication or spoken word secured either before or after
the effective date of this Act in the manner prohibited by this law
5. 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: Provided, That the
use of such record or any copies thereof as evidence in any civil, criminal
investigation or trial of offenses mentioned in section 3 hereof, shall not be
covered by this prohibition.

Corresponding Penalties
Statement 3 2 1
1. Any person violated the law will be punished by imprisonment for not less
than six months or more than six years
2. Any person violated the law 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
3. Any person violated the law is an alien he shall be subject to deportation
proceedings.