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Published
By Ben Rosario
The House of Representatives on Tuesday night approved on second a bill that would legally allow law enforcers to conduct wiretapping activities on a number of non-national security crimes such as robbery in band, drug trafficking, anti-money laundering and illegal recruitment.
(MANILA BULLETIN)
On a viva voce voting, congressmen approved House Bill 8378 which seeks to amend Republic Act NO. 4200 or the Anti-Wiretapping Act.
HB 8378 consolidated eight various legislative proposals that seeks to expand the application of wiretapping activities upon the issuance of a court order.
Principal authors included Reps. Michael Odylon Romero (1Pacman Partylist); Leopoldo Bataoil (NP, Pangasinan); Ferdinand L. Hernandez (PDP-Laban, South Cotabato); Romeo Acop (LP, Antipolo City) and Cristal Bagatsing (PDP-Laban, Manila).
HB 8378 introduces a new section to RA 4200 that prohibits public telecommunicaitons entities and similar enterprises to retain more than one year records of voice and date which are not subject of any pending case.
Offenders face a penalty of six to 12 years imprisonment, a fine of not less than P1 million and perpetual absolute disqualificaiton from holding public office.
Under the bill, the prohibition against wiretapping will exempt the following crimes: coup d’etat or conspiracy to commit coup d’etat; robbery in band or violation of the Anti-Piracy and Anti-Highway Robbery Law of 1974; violation of Repbulic Act 9165 or the Comrpehensive Dangerous Drugs Act; violation of RA 9165 or the anti-graft law; syndicated illegal recruitment and money laundering.
HB 8378 also provides that any recording authorized by a court order shall not be admissible in evidence against any person who is a party to the communicaiton, conversation or spoken word which are overheard, intercepted or recorded if the person’s aidentity is not specified in the court directive.
Under RA 4200, wiretapping conducted by a law enforcer may only be allowed upon the issuance of a court order for cases involving the crimes of treason, espionage, provoking war and disloyalty in case of war, piracy and mutiny in the high seas; rebelliion, conspiracy and proposal to commit rebelliion and terrorism, among other threats to national security.
In filing the bill, Romero said that while the law has been an effective tool in preventing crimes against national security, it cannot be applied on serious crimes.
“Unfortunately, there are still certain crimes that are not covered under the said exceptional cases, which endanger the life and welfare of the filipino people, particularly the youth,” romero said.
He added: “The present ;peace and order situation gives testament to this fact and thus, it is imperative for us to revisit RA 4200 so as to further enhance its effectiveness.”
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