Expanded Anti-wire Tapping Act

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) First Regular Session JUL 10 P4:13 SENATE RECEIVED bY S. No. _ Introduced by Senator Panfilo M. Lacson AN ACT EXPANDING THE SCOPE AND COVERAGE OF REPUBLIC ACT NO. 4200, OTHERWISE KNOWN AS AN ACT TO PROHIBIT AND PENALIZE WIRETAPPING AND OTHER RELATED VIOLATIONS OF THE PRIVACY OF COMMUNICATION, AND FOR OTHER PURPOSES EXPLANATORY NOTE The right to be secure in one's person is not limited to the right against unlawful intrusion into one's home or personal effects. This right also protects one's communication and correspondence, whether it be spoken, written, or electronic. The privacy of communication and correspondence, as mandated by Article III,

Section 3(1) of the 1987 Constitution, is further strengthened with the enactment of

Republic Act (RA) No. 4200 entitled "An Act to Prohibit and Penalize Wiretapping and other related Violations of the Privacy of Communication, and for other Purposes", which prohibits and penalizes the use of any device or arrangement to secretly overhear, intercept, and record any private communication. However, it must be stressed that said law, particularly Section 3 thereof, provides several exceptions to the prohibitions. Under the said law, wire-tapping is allowed when a peace officer is armed with a court order in cases involving the crimes of treason, espionage, provoking war and disloyalty in case of war, piracy, mutiny in the high seas, rebellion, conspiracy and proposal to commit rebellion, inciting to rebellion, sedition, conspiracy to commit

sedition, inciting to sedition, kidnapping and violations of Commonwealth Act No. 616, punishing espionage and other offenses against national security. The Anti-Terrorism Law of 2020, which repealed the Human Security Act of 2007, reiterated the latter's provision on wiretapping exception, which states that law enforcement or military personnel may, upon written authorization from the Court of Appeals, conduct surveillance, intercept, and record communications of persons suspected of terrorism or terrorism-related offenses. With the following exceptions, wire-tapping, though limited in its applications, has been an effective tool by our law enforcement agencies against criminal elements who have wreaked havoc, instability, and lack of equanimity in our country to the detriment of many of our peace-loving citizens. Unfortunately, there are still certain crimes that are not covered under the said exceptional cases, which put not only the lives and property of our people in paramount danger, but also pose a grave threat to our nation's security. The peace and order situation in the country gives testament to this fact, and thus, it is imperative to revisit RA 4200 to further enhance its effectiveness. In fine, this proposed bill therefore seeks to add the crimes of coup d'etat, conspiracy and proposal to commit coup d'etat, robbery in band, brigandage/highway robbery, violations of RA 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002, and violations of RA 9160 as amended otherwise known as the Anti-Money Laundering Act of 2001 to the list of offenses wherein our law-enforcement officers can, through court order, tap any wire or cable, or by using any other device or arrangement, to secretly overhear, intercept, or record private communication or spoken word to strengthen the measures of the government and its law enforcement agencies in fulfilling its mandate of protecting life, liberty, and property against the malefactors in our society. Therefore, the passage of the bill is earnestly requested. PANFIL LACSON Senator

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES 25 JUL 10 P4:13 First Regular Session SENATE RECEIVED BY: S. No. 398 Introduced by Senator Panfilo M. Lacson EXPANDING THE SCOPE AND COVERAGE OF REPUBLIC ACT NO. 4200, OTHERWISE KNOWN AS AN ACT TO PROHIBIT AND PENALIZE WIRE TAPPING AND OTHER RELATED VIOLATIONS OF THE PRIVACY OF COMMUNICATION, AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. — This Act shall be known as the "Expanded Anti-Wire

2 Tapping Act."

Sec. 2. Section 1 of Republic Act No. 4200, otherwise known as the Anti-Wire

4 Tapping Law, is hereby amended to read as follows: "SECTION 1. It shall be unlawful for any person TO SECRETLY WIRETAP, INTERCEPT, OVERHEAR AND LISTEN TO, SCREEN, READ, SURVEIL, RECORD OR COLLECT, WITH THE USE OF ANY MODE, FORM, KIND OR TYPE OF ELECTRONIC, MECHANICAL OR OTHER EQUIPMENT OR DEVICE OR TECHNOLOGY NOW KNOWN OR MAY HEREAFTER BE KNOWN TO SCIENCE OR WITH THE USE OF OTHER SUITABLE WAYS, ARRANGEMENTS OR MEANS FOR THE ABOVE PURPOSES, PRIVATE COMMUNICATIONS, CONVERSATIONS, DISCUSSION/S, DATA, INFORMATION, MESSAGES IN WHATEVER FORM, KIND OR NATURE, SPOKEN OR WRITTEN, WORDS OF ANY PERSON OR PERSONS, WITHOUT ANY AUTHORIZATION FROM ALL THE PARTIES CONCERNED. [, 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, to secretly overhear, intercept, or record such communication or spoken word by using a device commonly known as a dictaphone or dictagraph or dictaphone or walkie-talkie or tape recorder, or however otherwise described:] It shall also be unlawful for any person, he be 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 MODE, FORM, TYPE AND KIND OF such record, or copies thereof, of any PRIVATE communication, CONVERSATION, DISCUSSION, DATA, INFORMATION, MESSAGE IN WHATEVER FORM, KIND OR NATURE, WRITTEN or spoken word [secured either before or after the effective date of this Act in the manner prohibited by this law]; or 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."

Sec. 3. Republic Act No. 4200 is also hereby amended by inserting Section 1-

22 A, as follows: "SECTION 1-A. THE SALE OR IMPORTATION BY MANUFACTURERS, DISTRIBUTORS OR ANY PERSON OF ANY MODE, FORM, KIND OR TYPE OF ELECTRONIC, MECHANICAL, OR OTHER EQUIPMENT OR DEVICE OR TECHNOLOGY IS PRIMARILY INTENDED AND USEFUL FOR THE PURPOSES STATED IN SECTION 1 OF THIS ACT SHALL BE ALLOWED ONLY UPON WRITTEN PERMIT OR AUTHORITY FROM THE DEPARTMENT OF INFORMATION AND COMMUNICATIONS TECHNOLOGY (DICT); PROVIDED, THAT, SUCH REQUIREMENT SHALL NOT BE

APPLICABLE TO PROCUREMENT UNDER THIS ACT BY THE PHILIPPINE NATIONAL POLICE (PNP), THE PHILIPPINE DRUG ENFORCEMENT AGENCY (PDEA), THE NATIONAL BUREAU OF INVESTIGATION (NBI) AND THE ARMED FORCES OF THE PHILIPPINES (AFP). PROVIDED, FURTHER, THAT, THE SAID AGENCIES MAY PROCURE THE EQUIPMENT ABOVE-MENTIONED EITHER THRU LIMITED SOURCE BIDDING OR DIRECT CONTRACTING AS PROVIDED UNDER REPUBLIC ACT NO. 12009, OTHERWISE KNOWN AS "THE NEW GOVERNMENT PROCUREMENT ACT."

Sec. 4. Section 2 thereof shall be deleted and a new Section 2 shall be inserted

12 and which shall read as follows: "SECTION 2. PROHIBITED ACTS. (A) ANY PERSON WHO WILFULLY OR KNOWINGLY DOES OR CAUSES TO BE DONE OR WHO SHALL AID, ABET OR PERMIT, ANY OF THE ACTS DECLARED TO BE UNLAWFUL IN SECTION 1 HEREOF SHALL, UPON CONVICTION, SUFFER THE PENALTY OF IMPRISONMENT OF NOT LESS THAN SIX (6) YEARS BUT NOT MORE THAN TWELVE YEARS (12) AND A FINE OF NOT LESS THAN ONE (1) MILLION PESOS BUT NOT EXCEEDING FIVE (5) MILLION PESOS 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. IF THE OFFENDER IS AN ALIEN, HE SHALL BE SUBJECT TO DEPORTATION PROCEEDINGS AFTER THE SERVICE OF HIS/ HER SENTENCE. (B) ANY PERSON WHO MANUFACTURES, ASSEMBLES, SELLS, IMPORTS, DISTRIBUTES, OR OTHERWISE DISPOSES ANY MODE,

FORM, KIND OR TYPE OF ELECTRONIC, MECHANICAL OR OTHER EQUIPMENT OR DEVICE OR TECHNOLOGY NOW KNOWN OR MAY HEREAFTER BE KNOWN TO SCIENCE KNOWING OR HAVING REASON TO KNOW THAT THE DESIGN OF SUCH ELECTRONIC, MECHANICAL, OR OTHER EQUIPMENT, DEVICE OR TECHNOLOGY IS PRIMARILY INTENDED AND USEFUL FOR THE PURPOSES STATED IN SECTION 1 OF THIS ACT WITHOUT FIRST SECURING THE NECESSARY AUTHORITY OR PERMIT SHALL, UPON CONVICTION, SUFFER THE PENALTY OF IMPRISONMENT OF NOT LESS THAN THREE (3) YEARS BUT NOT MORE THAN SIX (6) YEARS AND A FINE OF NOT LESS THAN FIVE HUNDRED THOUSAND PESOS BUT NOT EXCEEDING TWO (2) MILLION PESOS 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. IF THE OFFENDER IS AN ALIEN, HE SHALL BE SUBJECT TO DEPORTATION PROCEEDINGS AFTER THE SERVICE OF HIS/ HER SENTENCE. IN ADDITION TO THE PENALTY IMPOSED HEREIN, THE EQUIPMENT, DEVICE OR TECHNOLOGY TAKEN SHALL BE AUTOMATICALLY FORFEITED IN FAVOR OF THE GOVERNMENT (C) ANY PERSON WHO, HAVING KNOWLEDGE OR REASON TO KNOW THAT THE DESIGN OF SUCH ELECTRONIC, MECHANICAL, OR OTHER EQUIPMENT, DEVICE OR TECHNOLOGY IS PRIMARILY INTENDED AND USEFUL FOR THE PURPOSES STATED IN SECTION 1 OF THIS ACT, OWNS OR POSSESSES WITHOUT ANY AUTHORITY ANY OF THE ABOVEMENTIONED EQUIPMENT, DEVICE OR TECHNOLOGY, UPON CONVICTION SHALL ALSO SUFFER THE PENALTY AS PROVIDED UNDER SECTION 2(B).

Sec. 5. Section 3 of Republic Act No. 4200 is also hereby amended to read as

2 follows: "SEC. 3. Nothing contained in this Act, however, shall render it unlawful or punishable for any [peace] LAW ENFORCEMENT OR MILITARY officer, who is authorized by a written order of the REGIONAL TRIAL Court, to execute any of the APPLICABLE acts declared to be unlawful in the two preceding sections in cases involving the crimes of treason, espionage, provoking war and disloyalty in case of war, piracy, mutiny in the high seas, rebellion, conspiracy and proposal to commit rebellion, inciting to rebellion, COUP D'ÉTAT, CONSPIRACY AND PROPOSAL TO COMMIT COUP D'ÉTAT, sedition, conspiracy to commit sedition, inciting to sedition, kidnapping as defined by the Revised Penal Code, ROBBERY IN BAND AS DEFINED AND PENALIZED BY ARTICLES 294, 295, 296, 299 AND 302 OF THE REVISED PENAL CODE, BRIGANDAGE/ HIGHWAY ROBBERY AS DEFINED AND PENALIZED BY ARTICLE 306 OF THE REVISED PENAL CODE AND PD NO. 532, OTHERWISE KNOWN AS THE ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY LAW OF 1974, VIOLATIONS OF REPUBLIC ACT NO. 9165, OTHERWISE KNOWN AS THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002, VIOLATIONS OF REPUBLIC ACT NO. 9160 AS AMENDED, OTHERWISE KNOWN AS THE ANTI- MONEY LAUNDERING ACT OF 2001, and violations of the Commonwealth Act No. 616, punishing espionage and other offenses against national security.[: Provided, That such written order shall only be issued or granted upon written application and the examination under oath or affirmation of the applicant and the witnesses he may produce and a showing: (1) that there are reasonable grounds to believe that any of the crimes enumerated hereinabove has been committed or is being committed or is about to be committed: Provided, however, That 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; (2) 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; and (3) that there are no other means readily available for obtaining such evidence.]

[The order granted or issued shall specify: (1) the identity of the person or persons whose communications, conversations, discussions, or spoken words are to be overheard, intercepted, or recorded and, in the case of telegraphic or telephonic communications, the telegraph line or the telephone number involved and its location; (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 prevented; and (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.] [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 granted such authority stating the number of recordings made, the dates and times covered by each recording, the number of tapes, discs, or records included in the deposit, and certifying that no duplicates or copies of the whole or any part thereof have been made, or if made, that all such duplicates or copies are included in the envelope or package deposited with the court. The envelope or package so deposited shall not be opened, or the recordings replayed, or used in evidence, or their contents revealed, except upon order of the court, which shall not be granted except upon motion, with due notice and opportunity to be heard to the person or persons whose conversation or communications have been recorded.] [The court referred to in this section shall be understood to mean the Court of First Instance within whose territorial jurisdiction the acts for which authority is applied for are to be executed.]"

Sec. 6. Republic Act No. 4200 is also hereby amended by inserting Sections 3-

A to 3-H, as follows: "SEC. 3-A. WIRETAPPING, INTERCEPTION, SURVEILLANCE AND RECORDING OF COMMUNICATIONS. - THE CHIEF OF THE PNP,

THE PDEA DIRECTOR GENERAL, THE NBI DIRECTOR OR THE CHIEF OF STAFF OF THE AFP OR THEIR DULY AUTHORIZED REPRESENTATIVES MAY SUBMIT EX PARTE APPLICATIONS FOR THE ISSUANCE OF WRITTEN ORDERS FROM THE REGIONAL TRIAL COURT, TO SECRETLY WIRETAP, INTERCEPT, OVERHEAR AND LISTEN TO, SCREEN, READ, SURVEIL, RECORD AND COLLECT, WITH THE USE OF ANY MODE, FORM, KIND OR TYPE OF ELECTRONIC, MECHANICAL OR OTHER EQUIPMENT OR DEVICE OR TECHNOLOGY NOW KNOWN OR MAY HEREAFTER BE KNOWN TO SCIENCE OR WITH THE USE OF ANY OTHER SUITABLE WAYS, ARRANGEMENTS OR MEANS FOR THE ABOVE PURPOSES, PRIVATE COMMUNICATIONS, CONVERSATIONS, DISCUSSIONS, DATA, INFORMATION, MESSAGES IN WHATEVER FORM, KIND OR NATURE, SPOKEN OR WRITTEN WORDS UPON WRITTEN APPLICATION AND THE EXAMINATION UNDER OATH OR AFFIRMATION OF THE APPLICANT AND THE WITNESSES HE MAY PRODUCE AND A SHOWING: (1) THAT THERE ARE REASONABLE GROUNDS TO BELIEVE THAT ANY OF THE CRIMES ENUMERATED IN

SECTION 3 HAS BEEN COMMITTED OR IS BEING COMMITTED OR IS

ABOUT TO BE COMMITTED; (2) THAT THERE ARE REASONABLE GROUNDS TO BELIEVE THAT THE EVIDENCE THAT WILL BE OBTAINED IS ESSENTIAL TO THE CONVICTION OF ANY PERSON FOR, OR TO THE SOLUTION OF, OR TO THE PREVENTION OF, ANY OF SUCH CRIMES; AND (3) THAT THERE ARE NO OTHER EFFECTIVE MEANS READILY AVAILABLE FOR OBTAINING SUCH EVIDENCE.

SEC. 3-B. EFFECTIVITY OF THE PERIOD OF JUDICIAL

AUTHORIZATION. - ANY ORDER GRANTED BY THE REGIONAL TRIAL COURT SHALL ONLY BE EFFECTIVE FOR THE LENGTH OF TIME SPECIFIED IN THE WRITTEN ORDER, WHICH SHALL NOT EXCEED A PERIOD OF SIXTY (60) DAYS FROM THE DATE OF RECEIPT OF THE WRITTEN ORDER OF THE AUTHORIZING COURT BY THE APPLICANT. THE AUTHORIZING COURT MAY, UPON APPLICATION, EXTEND OR RENEW THE SAID AUTHORIZATION FOR ANOTHER NON-

EXTENDIBLE PERIOD, WHICH SHALL NOT EXCEED THIRTY (30) DAYS FROM THE EXPIRATION OF THE ORIGINAL PERIOD: PROVIDED, THAT THE COURT IS SATISFIED THAT SUCH EXTENSION OR RENEWAL IS IN THE PUBLIC INTEREST.

SEC. 3-C. CLASSIFICATION AND CONTENTS OF THE COURT

AUTHORIZATION. - THE WRITTEN APPLICATION TOGETHER WITH SUPPORTING DOCUMENTS SUBMITTED AND WRITTEN ORDER GRANTED BY THE AUTHORIZING COURT SHALL BE DEEMED AND ARE HEREBY DECLARED AS CLASSIFIED INFORMATION. THE WRITTEN ORDER OF THE AUTHORIZING COURT SHALL SPECIFY THE FOLLOWING: (A) THE IDENTITY, SUCH AS NAME AND ADDRESS, IF KNOWN, OF THE PERSON WHOSE PRIVATE COMMUNICATIONS, CONVERSATIONS, DISCUSSION/S, DATA, INFORMATION, MESSAGES IN WHATEVER FORM, KIND OR NATURE, SPOKEN OR WRITTEN WORDS AND/OR THE TELEPHONE NUMBERS, IF KNOWN THAT ARE TO BE SECRETLY WIRETAPPED, INTERCEPTED, OVERHEARD AND LISTENED TO, SCREENED, READ, SURVEILLED, RECORDED AND COLLECTED AND THEIR LOCATIONS; (B) THE IDENTITY OF THE APPLICANT AUTHORIZED TO SECRETLY WIRETAP, INTERCEPT, OVERHEAR AND LISTEN TO, SCREEN, READ, SURVEIL, RECORD AND COLLECT PRIVATE COMMUNICATIONS, CONVERSATIONS, DISCUSSION/S, DATA, INFORMATION, MESSAGES IN WHATEVER FORM, KIND OR NATURE, SPOKEN OR WRITTEN WORDS; (C) THE CRIME OR CRIMES COMMITTED, OR IS BEING COMMITTED, OR SOUGHT TO BE PREVENTED; (D) THE LENGTH OF TIME WITHIN WHICH THE AUTHORIZATION SHALL BE USED OR CARRIED OUT;

(E) WHEN APPROPRIATE, THE SPECIFIC ASSISTANCE OR COOPERATION NEEDED FROM THE TELECOMMUNICATIONS OR INTERNET SERVICE PROVIDER. IN NO CASE SHALL THE IDENTITY OF THE AUTHORIZED APPLICANT BE DISCLOSED EXCEPT UPON WRITTEN ORDER OF THE AUTHORIZING COURT AFTER A DETERMINATION THAT THE PUBLIC INTEREST IN THE DISCLOSURE OF THE INFORMATION OUTWEIGHS THE PUBLIC INTEREST IN KEEPING THE INFORMATION SECRET OR CONFIDENTIAL.

SEC. 3-D. CUSTODY OF INTERCEPTED AND RECORDED

COMMUNICATIONS. - ALL TAPES, DISCS, OTHER STORAGE DEVICES, RECORDINGS, NOTES, MEMORANDA, SUMMARIES, EXCERPTS AND ALL COPIES THEREOF MADE PURSUANT TO THE ORDER OF THE AUTHORIZING COURT, SHALL, WITHIN FORTY-EIGHT (48) HOURS AFTER THE EXPIRATION OF THE PERIOD FIXED IN THE WRITTEN ORDER OR WITHIN FORTY-EIGHT (48) HOURS AFTER THE EXPIRATION OF ANY EXTENSION OR RENEWAL GRANTED BE DEPOSITED WITH THE AUTHORIZING COURT IN A SEALED ENVELOPE OR PACKAGE, AND SHALL BE ACCOMPANIED BY AN AFFIDAVIT OF THE AUTHORIZED APPLICANT. ANY PERSON WHO, WITHOUT WRITTEN AUTHORITY FROM THE AUTHORIZING COURT, REMOVES, CONCEALS, DESTROYS, DISCARDS OR REVEALS ANY OF THE ABOVEMENTIONED TAPE, DISC, OTHER STORAGE DEVICE, RECORDING, NOTE, MEMORANDUM, SUMMARY, EXCERPTS AND ALL COPY THEREOF, OR ANY INFORMATION THEREON SHALL, UPON CONVICTION, SUFFER THE PENALTY OF IMPRISONMENT FOR NOT LESS THAN SIX (6) YEARS BUT NOT MORE THAN TWELVE (12) YEARS AND A FINE OF NOT LESS THAN ONE MILLION PESOS BUT NOT EXCEEDING FIVE MILLION PESOS 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.

SEC. 3-E. CONTENTS OF THE AFFIDAVIT. - THE AFFIDAVIT OF

THE AUTHORIZED APPLICANT SHALL IDENTIFY THE FOLLOWING: (A) ALL TAPES, DISCS, OTHER STORAGE DEVICES, RECORDINGS, NOTES, MEMORANDA, SUMMARIES, EXCERPTS AND ALL COPIES THEREOF MADE IN CONNECTION THEREWITH; (B) THE DURATION OF THE JUDICIAL AUTHORIZATION AND THE DATES AND TIMES COVERED BY EACH OF THE MATERIALS; AND (C) THE NUMBER OF TAPES, DISCS, OR OTHER STORAGE DEVICES, RECORDINGS, NOTES, MEMORANDA, SUMMARIES, EXCERPTS AND ALL COPIES MADE IN CONNECTION THEREWITH THAT HAVE BEEN INCLUDED IN THE DEPOSIT. THE AFFIDAVIT SHALL ALSO CERTIFY UNDER OATH THAT NO DUPLICATES OR COPIES OF THE WHOLE OR ANY PART OF ANY OF SUCH TAPES, DISCS, OTHER STORAGE DEVICES, RECORDINGS, NOTES, MEMPRANDA, SIMMARIES, AND EXCERPTS,HAVE BEEN MADE, OR, IF MADE, THAT SUCH DUPLICATES AND COPIES ARE INCLUDED IN THE SEALED ENVELOPE OR SEALED PACKAGE, AS THE CASE MAY BE, DEPOSITED WITH THE AUTHORIZING COURT.

SEC. 3-F. DISPOSITION OF DEPOSITED MATERIAL. - THE

SEALED ENVELOPE OR SEALED PACKAGE AND THE CONTENTS THEREOF, WHICH ARE DEPOSITED WITH THE AUTHORIZING COURT, SHALL BE DEEMED AND ARE HEREBY DECLARED CLASSIFIED INFORMATION, AND THE SEALED ENVELOPE OR SEALED PACKAGE SHALL NOT BE OPENED AND ITS CONTENTS SHALL NOT BE DISCLOSED, REVEALED, READ, REPLAYED, OR USED AS EVIDENCE UNLESS AUTHORIZED BY WRITTEN ORDER OF THE AUTHORIZING COURT WHICH SHALL NOT BE GRANTED EXCEPT UPON MOTION, WITH DUE NOTICE AND OPPORTUNITY TO BE HEARD TO THE INDIVIDUAL/S SUBJECT OF THE ABOVE-MENTIONED COURT AUTHORIZATION. PROVIDED, THAT WITHIN NINETY (90) DAYS FROM THE EXPIRATION OF THE ORDER, THE INDIVIDUAL/S WHOSE

COMMUNICATIONS HAVE BEEN INTERCEPTED AND/OR RECORDED SHALL BE NOTIFIED OF SUCH FACT, UNLESS DELAY IN NOTIFICATION IS ALLOWED BY A WRITTEN ORDER OF THE AUTHORIZING COURT, UPON A FINDING THAT AN INVESTIGATION IS STILL ONGOING, AND AFTER A DETERMINATION THAT THE PUBLIC INTEREST IN DELAYING NOTIFICATION OUTWEIGHS THE PUBLIC INTEREST IN KEEPING THE INFORMATION SECRET OR THE PUBLIC INTEREST IN KEEPING THE INFORMATION SECRET OR CONFIDENTIAL: PROVIDED FURTHER, THAT DELAY IN NOTIFICATION SHALL NOT BE LONGER THAN ONE (1) YEAR.

SEC. 3-G. DESTRUCTION OF DEPOSITED MATERIAL. - AFTER

THE LAPSE OF FIVE (5) YEARS FROM THE EXPIRATION OF THE PERIOD FIXED IN THE WRITTEN ORDER, THE AUTHORIZING COURT SHALL ORDER THE DESTRUCTION OF THE DEPOSITED MATERIAL UNLESS IT IS BEING UTILIZED IN AN ONGOING INVESTIGATION OR PROSECUTION, IN WHICH CASE, IT SHALL BE DESTROYED TWO (2) YEARS AFTER THE TERMINATION OF THE INVESTIGATION OR FINALITY OF THE DECISION ON THE CASE.

SEC. 3-H. COMMUNICATIONS ASSISTANCE FOR LAW

ENFORCEMENT. - THE AUTHORIZING COURT MAY ORDER ANY TELECOMMUNICATIONS OR INTERNET SERVICE PROVIDER TO ASSIST AND COOPERATE WITH THE LAW ENFORCEMENT OR MILITARY OFFICERS IN IMPLEMENTING THE ORDER OF THE AUTHORIZING COURT. THE SPECIFIC ASSISTANCE OR COOPERATION NEEDED SHALL BE INDICATED IN THE WRITTEN ORDER AS STATED IN SECTION 3(C). THE TELECOMMUNICATIONS OR INTERNET SERVICE PROVIDER SHALL TAKE MEASURES TO ENSURE THAT THE PERSON WHOSE PRIVATE COMMUNICATIONS, CONVERSATIONS, DISCUSSIONS, DATA, INFORMATION, MESSAGES IN WHATEVER FORM, KIND OR NATURE, SPOKEN OR WRITTEN WORDS ARE TO BE SECRETLY WIRETAPPED, INTERCEPTED, OVERHEARD AND LISTENED TO, SCREENED, READ, SURVEILLED,

RECORDED AND COLLECTED SHALL NEITHER DETECT NOR BE NOTIFIED OF SUCH FACT. THE RESPONSIBLE PERSON/S OF THE TELECOMMUNICATIONS OR INTERNET SERVICE PROVIDER WHO UNJUSTIFIABLY REFUSE/S TO COMPLY WITH THE ORDER OF THE COURT SHALL BE CITED FOR CONTEMPT AND FINED IN AN AMOUNT NOT LESS THAN ONE MILLION PESOS BUT NOT MORE THAN THREE MILLION PESOS. NO ADMINISTRATIVE, CRIMINAL OR CIVIL PROCEEDINGS SHALL LIE AGAINST THE EMPLOYEES OR OFFICIALS OF THE TELECOMMUNICATIONS OR INTERNET SERVICE PROVIDER FOR HAVING ASSISTED OR COOPERATED WITH THE LAW ENFORCEMENT OR MILITARY OFFICERS IN THE IMPLEMENTATION OF THE WRITTEN ORDER OF THE COURT."

Sec. 7. Section 4 of Republic Act No. 4200 is hereby amended to read as

15 follows: "SEC. 4. Any PRIVATE communications, CONVERSATIONS, DISCUSSION/S, DATA, INFORMATION, MESSAGES IN WHATEVER FORM, KIND OR NATURE, or spoken OR WRITTEN words, or the existence, contents, substance, purport, effect, or meaning of the same or any part thereof, or any information therein contained obtained or secured by any person in violation of the preceding sections of this act shall not be admissible in evidence in any judicial, quasi-judicial, legislative or administrative hearing or investigation; PROVIDED, THAT, THE USE OF ANY EVIDENCE VALIDLY OBTAINED PURSUANT TO SECTIONS 3-A TO 3-H OF THIS ACT IN RELATION TO ANY OF THE OFFENSES MENTIONED IN

SECTION 3 OF THIS ACT SHALL BE ALLOWED."

Sec. 8. Separability Clause. If any provision of this Act shall be declared invalid

or unconstitutional, the remaining part or provisions not otherwise affected shall remain in force.

Sec. 9. Repealing Clause. Any law, decree, ordinance, administrative circulars

not consistent with any provision of this Act is hereby amended, repealed or modified accordingly.

Sec. 10. Effectivity Clause. This Act shall take effect fifteen (15) days after its

complete publication in the Official Gazette or in at least two (2) newspapers of general circulation. Approved,