GAA v.

INTERMEDIATE APPELLATE COURT

G.R. No. L-69809, October 16, 1986

FACTS
Edgardo A. Gaanan, a lawyer, was convicted for violating the Anti-Wiretapping Act
(Republic Act No. 4200). The incident occurred when complainant Atty. Tito Pintor and his client
Manuel Montebon were discussing the terms for the withdrawal of a complaint for direct assault
against Leonardo Laconico. Laconico requested Gaanan, also a lawyer, to come to his office
and advise him on the settlement of the case. During the meeting, Laconico asked Gaanan to
secretly listen to the telephone conversation between Pintor and himself through an extension
telephone. Gaanan, at Laconico's request, heard Pintor enumerate the conditions for the
withdrawal of the complaint. Subsequently, when Pintor received the money, he was arrested by
agents of the Philippine Constabulary. Gaanan executed an affidavit stating that he heard Pintor
demand a certain amount of money for the withdrawal of the case. Gaanan and Laconico were
subsequently charged with violating the Anti-Wiretapping Act.

ISSUE
Whether the telephone conversation between Pintor and Laconico was private in nature and
whether an extension telephone falls under the term "device or arrangement" as prohibited by
the Anti-Wiretapping Act.

RULING
The Supreme Court ruled in favor of Gaanan and acquitted him of the crime of violating
the Anti-Wiretapping Act. The Court determined that the telephone conversation between Pintor
and Laconico was indeed private in nature, as it was conducted between two individuals and not
intended for public dissemination. It was established that only one party, Pintor, gave Gaanan
the authority to listen to the conversation using an extension telephone.

Regarding the issue of whether an extension telephone falls under the term "device or
arrangement" prohibited by the Anti-Wiretapping Act, the Court held that an extension telephone
should not be considered as such. The Act specifically prohibits the use of devices or
arrangements for secretly recording communications, and an extension telephone does not fall
under this category.