Metro Manila, Philippines — The Chinese Embassy in Manila is under fire for allegedly violating the Anti-Wiretapping Act after it supposedly released an audio recording and transcript of its conversation with the Armed Forces of the Philippines Western Command about a “new model” on the West Philippine Sea.
Foreign Ministry Spokesperson Lin Jian earlier announced that Philippine defense agencies agreed with Beijing’s proposed \”new model\” wherein fewer vessels will be used during resupply missions to Ren’ai Reef, also called Second Thomas Shoal. China should also be notified of the Philippines’ trips to the disputed area.
The Senate will start its investigation into the alleged wiretapping incident on May 21. Justice Secretary Jesus Crispin Remulla has also ordered the National Bureau of Investigation to look into the matter.
But what is the Anti-Wiretapping Act? In this article, NewsWatch Plus lays out the basics of the law.
Privacy
The Anti-Wiretapping Act aims to protect individuals’ right to privacy, specifically to communications.
Under Republic Act No. 4200, it is unlawful for unauthorized individuals to tap any wire or cable or use devices that \”secretly overhear, intercept, or record such communication or spoken word.\”
An individual is also prohibited from possessing recordings or transcriptions of recordings without the consent of parties involved.
Exemptions
Certain individuals, however, are exempted from being held liable for violating the law.
Legal expert Renz Javier Ayongao told NewsWatch Plus on Thursday, May 16 that peace officers are among those exempted from the law under certain circumstances.
For peace officers to be exempted, a judge should issue a court order allowing wiretapping.
Ayongao also said that there is an \”after the fact\” exemption.
\”For instance, you’re a victim of this law, then you can make use of that device or the recording to be presented as your evidence that you were wiretapped in court kasi usually, if an evidence is obtained illegally, then it can never be presented as a proper evidence in court,\” the lawyer explained.
An individual with diplomatic immunity is also excluded from being held accountable under the law. But Ayongao noted that not all diplomats are covered by the immunity.
\”Ambassadors, for sure, they have a blanket immunity from suit. So, whether it’s civil or criminal, kung may cinommit silang isang – let’s say – illegal act, and they are ambassadors of a state, then they will not be subject to criminal procedure in the country,\” he said.
Ayongao added: \”But those under the ambassador, nakadepende ‘yung diplomatic immunity mo sa posisyon mo, or how close you are in terms of rank to the ambassador. The other ones they would have to justify that the activity or the act in question is part of their official capacity or part of their official function that would then give rise to the application of diplomatic immunity.\”
Consequences
Accused individuals would have to undergo court processes, face trials, prove their case, and address the allegations against them.
If proven that they violated the Anti-Wiretapping Act, they shall be imprisoned for six months to six years.
If the offender is a public official when the act was committed, he/she shall also face perpetual absolute disqualification from public office.
