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Wiretap Application Under Terrorism Law

The document outlines the process for applying to conduct wiretapping under Philippine terrorism laws. An application must be made by a law enforcement or military official authorized by the Anti-Terrorism Council. It involves gathering evidence of terrorist activities, submitting a formal application to a judge detailing the targets and legal basis, and the judge then evaluates if there is sufficient cause to approve a written wiretapping order. If approved, law enforcement can then conduct the wiretap within the court-ordered bounds and must report on and later terminate the wiretap, handling any evidence collected according to legal procedures.

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Mengel Lagaran Gocotano
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29 views10 pages

Wiretap Application Under Terrorism Law

The document outlines the process for applying to conduct wiretapping under Philippine terrorism laws. An application must be made by a law enforcement or military official authorized by the Anti-Terrorism Council. It involves gathering evidence of terrorist activities, submitting a formal application to a judge detailing the targets and legal basis, and the judge then evaluates if there is sufficient cause to approve a written wiretapping order. If approved, law enforcement can then conduct the wiretap within the court-ordered bounds and must report on and later terminate the wiretap, handling any evidence collected according to legal procedures.

Uploaded by

Mengel Lagaran Gocotano
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd

APPLICATION/PETITION TO

WIRE TAPPING -CRIMES


UNDER TERRORISM LAW
Module 17
RA 4200
Anti-Wiretapping
Act Sec.1 It shall be unlawful for any
person,not being authorized by all the
parties to any private communication or
spoken word,to tap any wire or cable ,or by
using other device or arrangement,to
secretly overhear, intercept,or record such
communication or spoken word by using a
devise commonly known as a Dictaphone
or dictagraph or Dictaphone.
RA 9372 Anti -Terrorism Act of 2020

Any person who commits an act punishable under any of


the following provisions of the Revised Penal Code:
1. Article 122 (Piracy ,Mutiny).
2. Article 134 (Rebellion or Insurrection)
3. Article 134 ( Coup d'etat)
4. Article 248 (murder)
5. Article 267 (kidnapping &Serious illegal detention )
6. Article 324 (Crimes involving Destruction )
APPLICATION FOR AUTHORITY
TO WIRETAP
🔷 an ex parte written application of a police or law enforcement
official who has been duly authorized in writing by the Anti-
Terrorism Council to file such ex parte application.

"Ex parte" is a Latin legal term that means "from


one party" or "on behalf of one party."
General Steps in the Application to
Wiretap
1. Gathering Evidence: Law enforcement authorities would first gather
sufficient evidence to establish probable cause that the individuals or
groups they intend to target are involved in terrorism-related
activities.
2. Application: The law enforcement agency or military unit prepares a
formal application for wiretapping. Includes details about the
individuals or group targeted, duration,locations , equipment or
technology to be used and the legal basis for request.
3. Judge's Evaluation: The judge would evaluate the
application or petition, ensuring that it complies with all
legal requirements and that there is sufficient provable
cause to justify wiretapping.
4. Approval from the court: authorized by the court of Appeals
upon the submission of a written order

5. Executive of Wiretap Order: If the court approves the


wiretapping request, law enforcement agencies would be
granted the authority to conduct the electronic surveillance as
specified in the court order.
6. Oversight and Reporting: Ensures that the wiretap is
conducted within the bounds of the authorization and in
compliance with the law.
7. Termination and Evidence Handling: At the end of the
authorized wiretapping period, the operation is terminated.
Evidence collected through wiretapping is handled According to
legal procedures and may be presented in court if relevant to a
criminal case.
Writing the
Application to
Wiretap

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