Possession of wiretapped foreign info illegal – Lacson
Credit to Author: BERNADETTE E. TAMAYO| Date: Fri, 08 Mar 2019 17:06:04 +0000
SEN. Panfilo Lacson on Friday said possessing wiretapped foreign material was illegal and using it to link Filipinos to crimes, such as illegal drugs was a violation of Philippine law and the State’s policy to protect its citizens.
The senator likened the situation to a person who bought marijuana in a country where it is legal, but will be arrested for violating the Philippine Dangerous Drugs Act once he or she brings it to the Philippines.
“What if someone brings into the country marijuana which he/she got or bought from a foreign country where possession and use of the same is legal?” asked Lacson, chairman of the Senate Committee on Public Order and Dangerous Drugs.
“Will the person who brought in the marijuana not be violating the Dangerous Drugs Act?” he added.
He also contested Justice Secretary Menardo Guevarra’s reported pronouncement that if the wiretapped conversation came from a country where wiretapping was not
illegal, it “may be passed on to the Philippine government and considered admissible in Philippine courts.”
“Mr. Secretary, possession of wiretapped material is also an offense,” Lacson said in his Twitter account.
Senate President Vicente Sotto 3rd dismissed a report that foreign governments had a hand in wiretapping at least 82 politicians suspected of being involved in illegal drugs.
“Why will a foreign government wiretap politicians? A few perhaps. But 82? If cases will be filed against these politicians, it will be based on other evidence, not wiretaps.”
Sen. Aquilino Pimentel 3rd said concerned officials must “charge narcopoliticians with evidence which are credible and not prohibited by law.”
Under Republic Act 4200 or the “Anti-wiretapping Law, it is unlawful for any person not authorized by all the parties to any private communication or spoken word to secretly record such communication.
Section 2 of the law provides that it is also unlawful “to knowingly possess” records or copies of any communication or spoken word secured via wiretapping.
Violators of the law, even those who aid or permit such wiretapping, face imprisonment of up to six years.
Offenders who are public officials face perpetual absolute disqualification from public office.
Lacson said Malacañang’s reported claim that its information on personalities involved in illegal drugs was based on wiretaps done by foreign governments does not make things right, except if those who conducted the wiretap were armed with judicial authorization.
He noted that under Article 3, Section 3 of the 1987 Constitution, the privacy of communication and correspondence “shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise as prescribed by law.”
“If we allow such wiretaps from foreign governments, is it now a government policy to condone invasion of privacy of its own nationals by other countries?” he also asked.
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