In relation to RA 4200 “An Act to Prohibit and Penalized Wire Tapping and Other Related

Violations of Private Communication and Other Purposes", we will answer the following
questions regarding two definite articles that was given:

Topic 1: Wiretapping or ambush interview

1. What is the article all about? And how it relates to the anti-wiretapping law?
The article titled "Wiretapping' or 'ambush' interview? Here's what the Anti-Wiretapping

Law says" by Franco Luna for Philstar.com, published on December 19, 2019, discusses a

dispute about recording conversations and its legal implications under the Anti-Wiretapping

Law in the Philippines. Ombudsman Samuel Martires accused Malou Mangahas, the

executive director of the Philippine Center for Investigative Journalism (PCIJ), of recording

their conversation without his consent, which later appeared in a PCIJ report on President

Rodrigo Duterte's undisclosed Statement of Assets, Liabilities, and Net Worth (SALN) for

2018.

Martires argues that Mangahas violated Republic Act No. 4200, the Anti-Wiretapping Law,

by recording their discussion without his permission and without informing him it was an

interview. However, PCIJ disputes this, saying Martires and his team were aware of the

recording, which happened in a public place and concerned a matter of public interest.

The article explains the Anti-Wiretapping Law, enacted in 1965, which aims to protect the

right to privacy of communication. It outlines situations where breaking the law occurs, such

as recording conversations without everyone's agreement, using devices to secretly record

private talks, or recording with the intent to eavesdrop. The law holds accountable those who

possess, replay, or share recordings obtained illegally, regardless of whether the

conversation was private or public.

It supplements these legal points with examples like the case of journalist Cecilia “Che-

che” Lazaro, accused of wiretapping in 2010. Despite being acquitted due to insufficient

evidence, Lazaro's case highlights the importance of consent when recording conversations,

especially in journalism.
 Additionally, the article discusses the challenges posed by modern communication

technologies, such as a complaint filed against Senator Risa Hontiveros for unintentionally

capturing a text message exchange during a Senate hearing. This incident illustrates the

complexities of applying traditional wiretapping laws to contemporary digital communication.

In summary, the article provides a thorough examination of the legal and ethical

considerations regarding recording conversations, particularly in investigative journalism. It

emphasizes the need to comply with legal standards while respecting both the public's right

to information and individuals' privacy rights.

Luna, F. (2019, December 19). 'Wiretapping' or 'ambush' interview? Here's what the Anti-

Wiretapping Law says. Philstar.com. Retrieved from

https://www.philstar.com/headlines/2019/12/19/1978318/wiretapping-or-ambush-

interview-heres-what-anti-wiretapping-law-says

Topic 2: Video and Audio Recording in mobile phone

1. What is the article all about? And how it relates to the anti-wiretapping law?

The article explores the complexities of recording videos and audio with mobile phones

and how it relates to the anti-wiretapping law in the Philippines. Recent technological

advancements have made it easier for people to capture high-quality recordings on their

smartphones, which can be used to document events, conversations, or expose sensitive

information. However, this convenience comes with legal implications, especially regarding

unauthorized recording of conversations.

Republic Act No. 4200, also known as "The Anti-Wiretapping Act," is the law that governs

wiretapping offenses in the Philippines. This law explicitly prohibits individuals from

intercepting or recording private communications without the consent of all parties involved.

This includes using devices like dictaphones, tape recorders, or mobile phones to secretly

capture conversations.
 Sections 1 and 4 of the Anti-Wiretapping Act detail the specific prohibitions, making it

illegal for anyone to tap into private communications without authorization. Additionally,

possessing, replaying, or sharing such recordings is also against the law. The purpose of

this law is to protect individual privacy rights and prevent unauthorized surveillance.

Legal cases, such as Salcedo-Ortanez vs. Court of Appeals, have clarified the legal

consequences of unauthorized recordings. The Supreme Court emphasized the importance

of obtaining consent from all parties involved in a conversation before recording it. Failure to

do so could lead to legal penalties under the Anti-Wiretapping Act.

The law applies universally, regardless of whether the recording was made in a private or

public setting. Even recordings made in public places without consent are considered illegal

under Republic Act No. 4200. The intention of the law is to deter unauthorized recording and

safeguard privacy rights.

Furthermore, legal interpretations have expanded the scope of the Anti-Wiretapping Act

to include recordings made in seemingly public spaces, such as a judge's chambers.

Supreme Court rulings have affirmed that recording conversations in such settings without

consent violates the law.

Moreover, illegally obtained recordings are not admissible as evidence in legal

proceedings under Philippine law. This means individuals cannot use unauthorized

recordings to support their claims in court.

In conclusion, the article serves as a reminder for individuals to be cautious when

recording conversations with their mobile phones. Adhering to consent and privacy principles

is not only a legal obligation but also essential for ethical conduct and respecting individual

rights. Failure to do so could result in legal consequences and undermine the integrity of

recorded evidence in court.

NDV Law. (n.d.). On video and audio recording using your mobile phone. Retrieved from

https://ndvlaw.com/on-video-and-audio-recording-using-your-mobile-phone/