FACTS:

Atty. Tito Pintor and his client Manuel Montebon were discussing the terms for the withdrawal of the
complaint for direct assault filed against Leonardo Laconico after demanding P5,000 from him. After
they had decided on the proposed conditions, Atty. Pintor called to Laconico through telephone.
When Atty. Pintor called up, Laconico requested Atty. Gaanan to secretly listen to the telephone
conversation through a telephone extension so as to hear personally the proposed conditions for the
settlement. Atty. Gaanan heard Atty. Pintor enumerate the following conditions for withdrawal of the
complaint for direct assault which includes, among others, that the demand is now increased from
P5000 to P8000. Laconico agreed to the conditions. Laconico, however, later insisted that Atty.
Pintor should receive the money. When Atty. Pintor went to personally receive the money, he was
immediately arrested by the Philippine Constabulary.
Atty. Pintor charged Atty. Gaanan and Laconico with violation of the Anti-Wiretapping Act for listening
to the telephone conversation without Atty. Pintor's consent.
ISSUE:
Is an extension telephone one of the prohibited devices in Section 1 of the Anti-Wire Tapping Law?
DECISION:
NO. Telephone extension lines are not among the devices covered under the Anti-Wire Tapping Law.
It cannot be placed in the same category as a Dictaphone, dictagraph or the other devices
enumerated under the said law as the use thereof cannot be considered as "tapping" the wire or
cable of a telephone line. The telephone extension in this case was not installed for that purpose. It
just happened to be there for ordinary office use. Hence, the phrase device or arrangement should
be construed to comprehend instruments the use of which would be tantamount to tapping the main
line of a telephone. Also, mere act of listening to a telephone conversation in an extension line is not
punished under this law. The lawmakers intended to discourage persons from installing devices in
order to gather evidence for use in court or to gain unwarranted advantage over telephone users.