Anti-Wiretapping Law
Gaanan vs IAC
GR L69809, October 16, 1986
Statutory Construction, Criminal Law
Facts:
Montebon filed a direct assault case against Leonardo Lanconico, which he later
decided to withdraw. His lawyer was Atty. Pintor, who called Lanconico initially to
inform him about his clients proposal to withdraw the complaint. Lanconico then
requested Atty. Gaanan, another lawyer, to secretly listen to the conversation
through a telephone extension. When Atty. Pintor called again to discuss the terms,
Atty. Gaanan heard the former enumerate the conditions which later served as the
basis of a robbery/extortion case against him. Atty. Pintor and Lanconico agreed
that the former himself will receive an amount of money at a certain place. Atty.
Pintor was arrested by the time he received the money.
Lanconico filed a case of robbery/extortion against Atty. Pintor, with an attached
affidavit of Atty. Gaanan stating what he heard. Atty. Pintor in turn charged the two
with violation of the Anti -Wiretapping law for listening to the telephone
conversation without his consent.
Lanconico's Contention:
Telephones or extension telephones are not included in the enumeration of
commonly known listening or recording devices, nor do they belong to the same
class of enumerated electronic devices contemplated by Anti-Wiretapping
Law because in 1964, when Senate Bill No. 9 (later Rep. Act No. 4200) was being
considered in the Senate, telephones and extension telephones were already widely
used instruments.
Pintor's Argument:
An extension telephone is covered by the term device within the context of the
RA 4200 because it is not a part or portion of a complete set of a telephone
apparatus. It is a separate device and distinct set of a movable apparatus
consisting of a wire and a set of telephone receiver not forming part of a main
telephone set which can be detached or removed and can be transferred away from
one place to another and to be plugged or attached to a main telephone line to get
the desired communication corning from the other party or end.