Amid persistent threats to national security, a new anti-wiretapping bill aims to strengthen law enforcement’s capacity to dismantle organized crime and protect public safety by expanding the list of crimes subject to court-approved wiretapping.
Sen. Panfilo “Ping” M. Lacson filed a bill seeking to amend the decades-old Anti-Wiretapping Act to include coup attempts, drug trafficking, money laundering, robbery in band, and highway robbery among offenses where authorities may intercept private communications with judicial authorization.
The proposed amendment seeks to revisit the limited scope of wiretapping under Republic Act No. 4200 to match evolving security threats, noting that certain crimes continue to endanger lives and undermine public order but remain beyond the current law’s reach.
Under the bill, wiretapping may be applied to cases of coup d’etat, conspiracy and proposal to commit coup d’etat, violations of the Comprehensive Dangerous Drugs Act of 2002, violations of the Anti-Money Laundering Act of 2001, robbery in band, and highway robbery or brigandage.
However, law enforcement agencies would still need to secure court approval before conducting any interception of communications.
To prevent abuse, the proposed measure also regulates the importation and sale of wiretapping equipment, requiring a written permit from the Department of Information and Communications Technology.
Moreover, only the Philippine National Police, Philippine Drug Enforcement Agency, National Bureau of Investigation, and Armed Forces of the Philippines would be allowed to acquire such equipment, limited to direct contracting or limited source bidding.
If enacted into law, violators would face a penalty of six to 12 years in prison and fines ranging from P1 million to P5 million.
Meanwhile, those found guilty of illegally manufacturing, selling, or distributing wiretapping equipment could face three to six years of imprisonment, fines between P500,000 and P2 million, and perpetual disqualification from public office if the offender is a government official.
Follow Tan Briones & Associates on LinkedIn for more legal updates and law-related articles.