Gwen’s proposal: Tap more crimes

CEBU, Philippines - Deputy House Speaker for the Visayas Gwendolyn Garcia is proposing in Congress additional offenses wherein wiretapping is allowed.

Garcia (3rd district, Cebu) has introduced House Bill No. 5340, which seeks to amend Section 3 of Republic Act 4200 (Anti-Wire Tapping Law).

Section 3 of the law states that “Nothing contained in this Act, however, shall render it unlawful or punishable for any peace officer, who is authorized by a written order of the Court, to execute any of the 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, sedition, conspiracy to commit sedition, inciting to sedition, kidnapping as defined by the Revised Penal Code, and violations of Commonwealth Act No. 616, punishing espionage and other offenses against national security.”

Garcia is proposing to add in the section the crimes of coup d’etat, conspiracy and proposal to commit coup d’etat, robbery in band, brigandage/highway robbery, violations of RA 9165 (Comprehensive Dangerous Drugs Act of 2002), and violations of RA 9160 (Anti-Money Laundering Act of 2001) to the list of offenses wherein law enforcement officers can, through a 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 in order to strengthen the measures of the government and its law enforcement agencies in fulfilling its mandate or protecting life, liberty, and property against the malefactors in the society”.

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 RA 4200, which prohibits and penalizes the use of any device or arrangement to secretly overhear, intercept, and record any private communication.

Section 3 of said law, however, provides several exceptions to the prohibitions.

Republic Act 9372 (The Human Security Act of 2007) also amended RA 4200 by including the crimes of terrorism and conspiracy to commit terrorism among the instances where wiretapping is allowed, provided it is accompanied by a written order from the Court of Appeals.

Garcia said wiretapping, though limited in its applications, has been an effective tool by law enforcement agencies against criminal elements who have “wreaked havoc, instability and lack of equanimity in the country to the detriment of many of the 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 threats to our nation’s security,” Garcia said.

“The peace and order situation in our country gives testament to this fact and thus, it is imperative for us to revisit RA 4200 in order to further enhance its effectiveness,” she added.

House Bill 5340 is now pending before the House Committee on Revision of Laws. (FREEMAN)