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 REPUBLIC ACT No.

4200 (1) that there are reasonable grounds to believe that any of the
crimes enumerated hereinabove has been committed or is being committed
AN ACT TO PROHIBIT AND PENALIZE WIRE TAPPING AND OTHER RELATED or is about to be committed: Provided, however, That in cases involving the
VIOLATIONS OF THE PRIVACY OF COMMUNICATION, AND FOR OTHER offenses of rebellion, conspiracy and proposal to commit rebellion, inciting to
PURPOSES. rebellion, sedition, conspiracy to commit sedition, and inciting to sedition,
such authority shall be granted only upon prior proof that a rebellion or acts
A. PUNISHABLE 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
Section 1. It shall be unlawful for any person, not being authorized by all the parties to be obtained essential to the conviction of any person for, or to the solution of,
any private communication or spoken word, to tap any wire or cable, or by using any or to the prevention of, any of such crimes; and
other device or arrangement, to secretly overhear, intercept, or record such (3) that there are no other means readily available for obtaining
communication or spoken word by using a device commonly known as a dictaphone or such evidence.
dictagraph or dictaphone or walkie-talkie or tape recorder, or however otherwise
described: The order granted or issued shall specify:
It shall also be unlawful for any person, be he a participant or not in the act or (1) the identity of the person or persons whose communications,
acts penalized in the next preceding sentence, to knowingly possess any tape record, conversations, discussions, or spoken words are to be overheard,
wire record, disc record, or any other such record, or copies thereof, of any intercepted, or recorded and, in the case of telegraphic or telephonic
communication or spoken word secured either before or after the effective date of this communications, the telegraph line or the telephone number involved and its
Act in the manner prohibited by this law; or to replay the same for any other person or location;
persons; or to communicate the contents thereof, either verbally or in writing, or to (2) the identity of the peace officer authorized to overhear,
furnish transcriptions thereof, whether complete or partial, to any other intercept, or record the communications, conversations, discussions, or
person: Provided, That the use of such record or any copies thereof as evidence in any spoken words;
civil, criminal investigation or trial of offenses mentioned in section 3 hereof, shall not (3) the offense or offenses committed or sought to be prevented;
be covered by this prohibition. and
(4) the period of the authorization. The authorization shall be
Section 2. Any person who willfully or knowingly does or who shall aid, permit, or cause effective for the period specified in the order which shall not exceed sixty (60)
to be done any of the acts declared to be unlawful in the preceding section or who days from the date of issuance of the order, unless extended or renewed by
violates the provisions of the following section or of any order issued thereunder, or the court upon being satisfied that such extension or renewal is in the public
aids, permits, or causes such violation shall, upon conviction thereof, be punished by interest.
imprisonment for not less than six months or more than six years and with the accessory All recordings made under court authorization shall, within forty-eight hours
penalty of perpetual absolute disqualification from public office if the offender be a public after the expiration of the period fixed in the order, be deposited with the court in a
official at the time of the commission of the offense, and, if the offender is an alien he sealed envelope or sealed package, and shall be accompanied by an affidavit of the
shall be subject to deportation proceedings. 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
B. EXCEPTIONS: 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,
Section 3. Nothing contained in this Act, however, shall render it unlawful or punishable with due notice and opportunity to be heard to the person or persons whose
for any peace officer, who is authorized by a written order of the Court, to execute any conversation or communications have been recorded.
of the acts declared to be unlawful in the two preceding sections in cases involving the The court referred to in this section shall be understood to mean the Court of
crimes of treason, espionage, provoking war and disloyalty in case of war, piracy, mutiny First Instance within whose territorial jurisdiction the acts for which authority is applied
in the high seas, rebellion, conspiracy and proposal to commit rebellion, inciting to for are to be executed.
rebellion, sedition, conspiracy to commit sedition, inciting to sedition, kidnapping as
defined by the Revised Penal Code, and violations of Commonwealth Act No. 616, Section 4. Any communication or spoken word, or the existence, contents, substance,
punishing espionage and other offenses against national security: Provided, That such purport, effect, or meaning of the same or any part thereof, or any information therein
written order shall only be issued or granted upon written application and the contained obtained or secured by any person in violation of the preceding sections of
examination under oath or affirmation of the applicant and the witnesses he may this Act shall not be admissible in evidence in any judicial, quasi-judicial, legislative or
produce and a showing: administrative hearing or investigation.

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He/she may also be placed under house arrest by order of the court at his or
 RA 9372 her usual place of residence.
While under house arrest, he or she may not use telephones, cellphones, e-
HUMAN SECURITY ACT OF 2007 mails, computers, the internet or other means of communications with people outside
the residence until otherwise ordered by the court.
A. Surveillance of Suspects and Interception and Recording of The restrictions abovementioned shall be terminated upon the acquittal of the
Communications accused or of the dismissal of the case filed against him or earlier upon the discretion
of the court on motion of the prosecutor or of the accused.
 Authorizes the grant of Judicial Authorization to listen, intercept, and record,
any communication, message, conversation, discussion, or of spoken or C. EXAMINATION OF BANK DEPOSITS AND DOCUMENTS
written words between members of (i) a judicially declared and outlawed
terrorist organization or association or group, or (ii) of any person charged SEC. 7. Surveillance of Suspects and Interception and Recording of
with or suspected of the crime of terrorism or conspiracy to commit terrorism Communications. -The provisions of Republic Act No. 4200 (Anti-Wire Tapping Law)
to the contrary notwithstanding, a police or law enforcement official and the members
1. The Judicial Authorization can only be issued by the Court of of his team may, upon a written order of the Court of Appeals, listen to, intercept and
Appeals (a) upon a written application filed by a police or law record, with the use of any mode, form, kind or type of electronic or other surveillance
enforcement official or members of his team and (b). after an ex equipment or intercepting and tracking devices, or with the use of any other suitable
parte hearing establishing (c). probable cause that ways and means for that purpose, any communication, message, conversation,
terrorism/conspiracy to commit terrorism has been committed, or discussion, or spoken or written words between members of a judicially declared and
is being committed, or is about to be committed ( note that the outlawed terrorist organization, association, or group of persons or of any person
wording is not attempted) charged with or suspected of the crime of terrorism or conspiracy to commit terrorism.
Provided, That surveillance, interception and recording of communications
2. The applicant must have been authorized in writing to file the between lawyers and clients, doctors and patients, journalists and their sources and
application by the Anti Terrorism Council ( The Body created to confidential business correspondence shall not be authorized.
implement the law and assume responsibility for the effective
implementation of the anti-terrorism[policy of the country) SEC. 29. Classification and Contents of the Court Order Authorizing the
Examination of Bank Deposits, Accounts, and Records. - The written order granted
3. The Judicial Authority is effective for a maximum period not to by the authorizing division of the Court of Appeals as well as its order, if any, to extend
exceed 30 days from date of receipt of the written order and may or renew the same, the original ex parte application of the applicant, including his ex
be extended for another similar period parte application to extend or renew, if any, and the written authorizations of the Anti-
Terrorism Council, shall be deemed and are hereby declared as classified information:
 Punishes the act of failure to notify the person subject of the surveillance, Provided, That the person whose bank deposits, placements, trust accounts, assets,
monitoring or interception, if no case was filed within the 30 day period/life and records have been examined, frozen, sequestered and seized by law enforcement
time of the Order of Court authorizing the surveillance authorities has the right to be informed of the acts done by the law enforcement
authorities in the premises or to challenge, if he or she intends to do so, the legality of
 Punishes any person who conducts any unauthorized or malicious the interference. The written order of the authorizing division of the Court of Appeals
interceptions and or recording of any form of communications, messages, designated to handle cases involving terrorism shall specify:
conversations, discussions or spoken or written words (a) the identify of the said:
(1) person charged with or suspected of the crime of terrorism or
B. RESTRICTION ON TRAVEL conspiracy to commit terrorism;
(2) judicially declared and outlawed terrorist organization,
SEC. 26. Restriction on Travel. - In cases where evidence of guilt is not strong, and association, or group of persons; and
the person charged with the crime of terrorism or conspiracy to commit terrorism is (3) member of such judicially declared and outlawed organization,
entitled to bail and is granted the same, the court, upon application by the prosecutor, association, or group of persons, as the case may be. whose
shall limit the right of travel of the accused to within the municipality or city where he deposits, placements, trust accounts, assets, and records are to be
resides or where the case is pending, in the interest of national security and public examined or the information to be gathered;
safety, consistent with Article III, Section 6 of the Constitution. Travel outside of said (b) the identity of the bank or financial Institution where such deposits,
municipality or city, without the authorization of the court, shall be deemed a violation of placements, trust accounts, assets, and records are held and maintained;
the terms and conditions of his bail, which shall then be forfeited as provided under the (c) the identity of the persons who will conduct the said examination and the
Rules of Court. gathering of the desired information; and,

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(d) the length of time the authorization shall be carried out. eight (48) hours after the expiration of the extension or renewal granted by
the authorizing division of the Court of Appeals, be deposited with the
SEC. 30. Effective Period of Court Authorization to Examine and Obtain authorizing division of the Court of Appeals in a sealed envelope or sealed
Information on Bank Deposits, Accounts, and Records. - The authorization issued package, as the case may be, and shall be accompanied by a joint affidavit
or granted by the authorizing division of the Court of Appeals to examine or cause the of the applicant police or law enforcement official and the persons who
examination of and to freeze bank deposits, placements, trust accounts, assets, and actually conducted the examination of said bank deposits, placements, trust
records, or to gather information about the same, shall be effective for the length of time accounts, assets and records.
specified in the written order of the authorizing division of the Court of Appeals, which
shall not exceed a period of thirty (30) days from the date of receipt of the written order D. JUDICIAL AUTHORIZATION
of the authorizing division of the Court of Appeals by the applicant police or law
enforcement official. SEC. 27. Judicial Authorization Required to Examine Bank Deposits, Accounts,
The authorizing division of the Court of Appeals may extend or renew the said and Records. - The provisions of Republic Act No. 1405 as amended, to the contrary
authorization for another period, which shall not exceed thirty (30) days renewable to notwithstanding, the justices of the Court of Appeals designated as a special court to
another thirty (30) days from the expiration of the original period: Provided, That the handle anti-terrorism cases after satisfying themselves of the existence of probable
authorizing division of the Court of Appeals is satisfied that such extension or renewal cause in a hearing called for that purpose that:
is in the public interest: and, Provided, further, That the application for extension or (1) a person charged with or suspected of the crime of terrorism or,
renewal, which must be filed by the original applicant, has been duly authorized in conspiracy to commit terrorism,
writing by the Anti-Terrorism Council. (2) of a judicially declared and outlawed terrorist organization, association, or
In case of death of the original applicant or in case he is physically disabled group of persons; and
to file the application for extension or renewal, the one next in rank to the original (3) of a member of such judicially declared and outlawed organization,
applicant among the members of the ream named in the original written order of the association, or group of persons, may authorize in writing any police or law
authorizing division of the Court of Appeals shall file the application for extension or enforcement officer and the members of his/her team duly authorized in
renewal: Provided, That, without prejudice to the liability of the police or law enforcement writing by the anti-terrorism council to:
personnel under Section 19 hereof, the applicant police or law enforcement official shall (a) examine, or cause the examination of, the deposits,
have thirty (30) days after the termination of the period granted by the Court of Appeals placements, trust accounts, assets and records in a bank or
as provided in the preceding paragraphs within which to file the appropriate case before financial institution; and
the Public Prosecutor's Office for any violation of this Act. (b) gather or cause the gathering of any relevant information about
If no case is filed within the thirty (30)-day period, the applicant police or law such deposits, placements, trust accounts, assets, and records
enforcement official shall immediately notify in writing the person subject of the bank from a bank or financial institution. The bank or financial institution
examination and freezing of bank deposits, placements, trust accounts, assets and concerned, shall not refuse to allow such examination or to provide
records. The penalty of ten (10) years and one day to twelve (12) years of imprisonment the desired information, when so, ordered by and served with the
shall be imposed upon the applicant police or law enforcement official who fails to notify written order of the Court of Appeals.
in writing the person subject of the bank examination and freezing of bank deposits,
placements, trust accounts, assets and records. E. APPLICATION
Any person, law enforcement official or judicial authority who violates his duty
to notify in writing as defined above shall suffer the penalty of six years and one day to SEC. 28. Application to Examine Bank Deposits, Accounts, and Records. - The
eight years of imprisonment. written order of the Court of Appeals authorizing the examination of bank deposits,
placements, trust accounts, assets, and records:
SEC. 31. Custody of Bank Data and Information Obtained after Examination of (1) of a person charged with or suspected of the crime of terrorism or
Deposits, Placements, Trust Accounts, Assets and Records. - All information, data, conspiracy to commit terrorism;
excerpts, summaries, notes, memoranda, working sheets, reports, and other (2) of any judicially declared and outlawed terrorist organization, association,
documents obtained from the examination of the bank deposits, placements, trust or group of persons, or
accounts, assets and records of: (3) of any member of such organization, association, or group of persons in
(1) a person charged with or suspected of the crime of terrorism or the crime a bank or financial institution, and the gathering of any relevant information
of conspiracy to commit terrorism; about the same from said bank or financial institution, shall only be granted
(2) a judicially declared and outlawed terrorist organization, association, or by the authorizing division of the Court of Appeals upon an ex parte
group of persons; or application to that effect of a police or of a law enforcement official who has
(3) a member of any such organization, association, or group of persons shall, been duly authorized in writing to file such ex parte application by the Anti-
within forty-eight (48) hours after the expiration of the period fixed in the Terrorism Council created in Section 53 of this Act to file such ex parte
written order of the authorizing division of the Court of Appeals or within forty- application, and upon examination under oath or affirmation of the applicant

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and, the witnesses he may produce to establish the facts that will justify the III. The following are the acts punished:
need and urgency of examining and freezing the bank deposits, placements,
trust accounts, assets, and records: A. To recruit, transport, transfer, harbor, provide, or receive a person by
(1) of the person charged with or suspected of the crime of any means for the purpose of prostitution, pornography, sexual
terrorism or conspiracy to commit terrorism; exploitation, forced labor, slavery, involuntary servitude or debt bondage
(2) of a judicially declared and outlawed terrorist organization,
association or group of persons; or 1. Debt bondage- the act of pledging of personal services or labor by the
(3) of any member of such organization, association, or group of debtor or of any person under his control as security or payment of a
persons. debt when the length and nature of services is not clearly defined or
when the value of the services as reasonable assessed is not applied
F. UNAUTHORIZED REVELATION OF CLASSIFIED MATERIALS toward the liquidation of the debt

SEC. 46. Penalty for Unauthorized Revelation of Classified Materials. - The penalty B. To introduce or match for money or profit or any other consideration, any
of ten (10) years and one day to twelve (12) years of imprisonment shall be imposed person or Filipina woman to a foreign national for the same purposes or
upon any person, police or law enforcement agent, judicial officer or civil servant who, exploitation.
not being authorized by the Court of Appeals to do so, reveals in any manner or form C. To offer or contract marriage, real or simulated, for said purposes
any classified information under this Act. D. To undertake or organize sex tours and travel plans
E. To maintain or hire a person to engage in prostitution or pornography
F. To adopt or facilitate the adoption of persons for said purposes
G. To recruit, hire, adopt or abduct, by any unlawful means, for the
purposes of removal or sale of organs of a person
 R.A. 9208 H. To recruit, transport or adopt a child to engage in armed activities

THE ANTI TRAFFICKING IN PERSONS ACT OF 2003

I. The provisions of Articles 271 to article 274 must be read in the


light of the provisions of this law.

II. Per Section 3 Trafficking in Persons means:

A. The recruitment, transportation, transfer or harboring, or receipt of


persons with or without the victim’s consent or knowledge, within or
across national borders by means of threat or use of force, or other
forms of coercion, abduction, fraud, deception, abuse of power or of
position, taking advantage of the vulnerability of the person, or, the
giving or receiving of payments or benefits to achieve the consent of a
person having control over another person for the purpose of
exploitation which includes at a minimum, the exploitation or the
prostitution of others or other forms of sexual exploitation, forced labor
or services, slavery, servitude or the removal or sale of organs.

1. It is any form of unlawful activity the subject of which is the (a) any
form of sexual exploitation of a person (b) forced labor or services or
slavery (c) servitude (d) removal or sale of human organs

B. The recruitment, transportation, transfer, or harboring or receipt of a


child for the purpose of exploitation shall also be considered as
“trafficking in persons” even if it does not involve any of the means set
forth in the preceding paragraph

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