Republic Act No. 4200 Sample Essay

Section 1. It shall be improper for any individual. non being authorized by all the parties to any private communicating or spoken word. to tap any wire or overseas telegram. or by utilizing any other device or agreement. to in secret catch. stop. or record such communicating or spoken word by utilizing a device normally known as a Dictaphone or dictagraph or Dictaphone or walky-talky or tape recording equipment. or nevertheless otherwise described: It shall besides be improper for any individual. be he a participant or non in the act or Acts of the Apostless penalized in the following preceding sentence. to knowingly possess any tape record. wire record. phonograph record record. or any other such record. or transcripts thereof. of any communicating or spoken word secured either before or after the effectual day of the month of this Act in the mode prohibited by this jurisprudence ; or to play back the same for any other individual or individuals ; or to pass on the contents thereof. either verbally or in composing. or to supply written texts thereof. whether complete or partial. to any other individual:

Provided. That the usage of such record or any transcripts thereof as grounds in any civil. condemnable probe or test of discourtesies mentioned in subdivision 3 hereof. shall non be covered by this prohibition. Section 2. Any individual who wilfully or wittingly does or who shall help. license. or do to be done any of the Acts of the Apostless declared to be improper in the preceding subdivision or who violates the commissariats of the undermentioned subdivision or of any order issued thereunder. or AIDSs. licenses. or causes such misdemeanor shall. upon strong belief thereof. be punished by imprisonment for non less than six months or more than six old ages and with the accoutrement punishment of ageless absolute disqualification from public office if the wrongdoer be a public functionary at the clip of the committee of the discourtesy. and. if the wrongdoer is an foreigner he shall be capable to exile proceedings.

Section 3. Nothing contained in this Act. nevertheless. shall render it improper or punishable for any peace officer. who is authorized by a written order of the Court. to put to death any of the Acts of the Apostless declared to be improper in the two predating subdivisions in instances affecting the offenses of lese majesty. espionage. arousing war and disloyalty in instance of war. buccaneering. mutiny in the high seas. rebellion. confederacy and proposal to perpetrate rebellion. motivating to rebellion. sedition. confederacy to perpetrate sedition. motivating to sedition. snatch as defined by the Revised Penal Code. and misdemeanors of Commonwealth Act No. 616. punishing espionage and other discourtesies against national security: Provided. That such written order shall merely be issued or granted upon written application and the scrutiny under curse or avowal of the applier and the informants he may bring forth and a screening: ( 1 ) that there are sensible evidences to believe that any of the offenses enumerated hereinabove has been committed or is being committed or is about to be committed:

Provided. nevertheless. That in instances affecting the discourtesies of rebellion. confederacy and proposal to perpetrate rebellion. motivating to rebellion. sedition. confederacy to perpetrate sedition. and motivating to sedition. such authorization shall be granted merely upon anterior cogent evidence that a rebellion or Acts of the Apostless of sedition. as the instance may be. hold really been or are being committed ; ( 2 ) that there are sensible evidences to believe that grounds will be obtained indispensable to the strong belief of any individual for. or to the solution of. or to the bar of. any of such offenses ; and ( 3 ) that there are no other means readily available for obtaining such grounds. The order granted or issued shall stipulate: ( 1 ) the individuality of the individual or individuals whose communications. conversations. treatments. or spoken words are to be overheard. intercepted. or recorded and. in the instance of telegraphic or telephonic communications. the telegraph line or the telephone figure involved and its location ; ( 2 ) the individuality of the peace officer authorized to catch. stop. or record the communications. conversations. treatments. or spoken words ; ( 3 ) the discourtesy or discourtesies committed or sought to be prevented ; and ( 4 ) the period of the mandate.

The mandate shall be effectual for the period specified in the order which shall non transcend 60 ( 60 ) yearss from the day of the month of issue of the order. unless extended or renewed by the tribunal upon being satisfied that such extension or reclamation is in the public involvement. All recordings made under tribunal mandate shall. within 48 hours after the termination of the period fixed in the order. be deposited with the tribunal in a certain envelope or sealed bundle. and shall be accompanied by an affidavit of the peace officer granted such authorization saying the figure of recordings made. the day of the months and times covered by each recording. the figure of tapes. phonograph record. or records included in the sedimentation. and attesting that no extras or transcripts of the whole or any portion thereof have been made. or if made. that all such extras or transcripts are included in the envelope or bundle deposited with the tribunal.

The envelope or bundle so deposited shall non be opened. or the recordings replayed. or used in grounds. or their contents revealed. except upon order of the tribunal. which shall non be granted except upon gesture. with due notice and chance to be heard to the individual or individuals whose conversation or communications have been recorded. The tribunal referred to in this subdivision shall be understood to intend the Court of First Instance within whose territorial legal power the Acts of the Apostless for which authorization is applied for are to be executed. Section 4. Any communicating or spoken word. or the being. contents. substance. intent. consequence. or significance of the same or any portion thereof. or any information therein contained obtained or secured by any individual in misdemeanor of the predating subdivisions of this Act shall non be admissible in grounds in any judicial. quasi-judicial. legislative or administrative hearing or probe. Section 5. All Torahs inconsistent with the commissariats of this Act are herewith repealed or consequently amended. Section 6. This Act shall take consequence upon its blessing.