Republic of the Philippines

SUPREME COURT
Manila
A.M. No. 12-8-8-SC
JUDICIAL AFFIDAVIT RULE
Whereas, case congestion and delays plague most courts in cities, given the huge volume of cases filed each year
and the slow and cumbersome adversarial syste1n that the judiciary has in place;
Whereas, about 40% of criminal cases are dismissed annually owing to the fact that complainants simply give up
con1ing to court after repeated postponements;
Whereas, few foreign businessmen make long-term investments in the Philippines because its courts are unable to
provide ample and speedy protection to their investments, keeping its people poor;
Whereas, in order to reduce the time needed for completing the testimonies of witnesses in cases under litigation,
on February 21, 2012 the Supreme Court approved for piloting by trial courts in Quezon City the compulsory use of
judicial affidavits in place of the direct testimonies of witnesses;
Whereas, it is reported that such piloting has quickly resulted in reducing by about two-thirds the time used for
presenting the testimonies of witnesses, thus speeding up the hearing and adjudication of cases;
Whereas, the Supreme Court Committee on the Revision of the Rules of Court, headed by Senior Associate Justice
Antonio T. Carpio, and the Sub-Committee on the Revision of the Rules on Civil Procedure, headed by Associate
Justice Roberto A. Abad, have recommended for adoption a Judicial Affidavit Rule that will replicate nationwide the
success of the Quezon City experience in the use of judicial affidavits; and
Whereas, the Supreme Court En Banc finds merit in the recommendation;
NOW, THEREFORE, the Supreme Court En Banc hereby issues and promulgates the following:
Section 1. Scope. - (a) This Rule shall apply to all actions, proceedings, and incidents requiring the reception of
evidence before:
(1) The Metropolitan Trial Courts, the Municipal Trial Courts in Cities, the Municipal Trial Courts, the
Municipal Circuit Trial Courts, and the Shari' a Circuit Courts but shall not apply to small claims
cases under A.M. 08-8-7-SC;
(2) The Regional Trial Courts and the Shari'a District Courts;
(3) The Sandiganbayan, the Court of Tax Appeals, the Court of Appeals, and the Shari'a Appellate
Courts;
(4) The investigating officers and bodies authorized by the Supreme Court to receive evidence,
including the Integrated Bar of the Philippine (IBP); and
(5) The special courts and quasi-judicial bodies, whose rules of procedure are subject to disapproval
of the Supreme Court, insofar as their existing rules of procedure contravene the provisions of this
Rule.1
(b) For the purpose of brevity, the above courts, quasi-judicial bodies, or investigating officers shall be
uniformly referred to here as the "court."
Section 2. Submission of Judicial Affidavits and Exhibits in lieu of direct testimonies. - (a) The parties shall file with
the court and serve on the adverse party, personally or by licensed courier service, not later than five days before
pre-trial or preliminary conference or the scheduled hearing with respect to motions and incidents, the following:
(1) The judicial affidavits of their witnesses, which shall take the place of such witnesses' direct
testimonies; and

(2) The parties' docun1entary or object evidence, if any, which shall be attached to the judicial
affidavits and marked as Exhibits A, B, C, and so on in the case of the complainant or the plaintiff,
and as Exhibits 1, 2, 3, and so on in the case of the respondent or the defendant.
(b) Should a party or a witness desire to keep the original document or object evidence in his possession, he
may, after the same has been identified, marked as exhibit, and authenticated, warrant in his judicial affidavit
that the copy or reproduction attached to such affidavit is a faithful copy or reproduction of that original. In
addition, the party or witness shall bring the original document or object evidence for comparison during the
preliminary conference with the attached copy, reproduction, or pictures, failing which the latter shall not be
admitted.
This is without prejudice to the introduction of secondary evidence in place of the original when allowed by existing
rules.
Section 3. Contents of judicial Affidavit. - A judicial affidavit shall be prepared in the language known to the witness
and, if not in English or Filipino, accompanied by a translation in English or Filipino, and shall contain the following:
(a) The name, age, residence or business address, and occupation of the witness;
(b) The name and address of the lawyer who conducts or supervises the examination of the witness and the
place where the examination is being held;
(c) A statement that the witness is answering the questions asked of him, fully conscious that he does so
under oath, and that he may face criminal liability for false testimony or perjury;
(d) Questions asked of the witness and his corresponding answers, consecutively numbered, that:
(1) Show the circumstances under which the witness acquired the facts upon which he testifies;
(2) Elicit from him those facts which are relevant to the issues that the case presents; and
(3) Identify the attached documentary and object evidence and establish their authenticity in
accordance with the Rules of Court;
(e) The signature of the witness over his printed name; and
(f) A jurat with the signature of the notary public who administers the oath or an officer who is authorized by
law to administer the same.
Section 4. Sworn attestation of the lawyer. - (a) The judicial affidavit shall contain a sworn attestation at the end,
executed by the lawyer who conducted or supervised the examination of the witness, to the effect that:
(1) He faithfully recorded or caused to be recorded the questions he asked and the corresponding
answers that the witness gave; and
(2) Neither he nor any other person then present or assisting him coached the witness regarding the
latter's answers.
(b) A false attestation shall subject the lawyer mentioned to disciplinary action, including disbarment.
Section 5. Subpoena. - If the government employee or official, or the requested witness, who is neither the witness
of the adverse party nor a hostile witness, unjustifiably declines to execute a judicial affidavit or refuses without just
cause to make the relevant books, documents, or other things under his control available for copying,
authentication, and eventual production in court, the requesting party may avail himself of the issuance of a
subpoena ad testificandum or duces tecum under Rule 21 of the Rules of Court. The rules governing the issuance
of a subpoena to the witness in this case shall be the same as when taking his deposition except that the taking of a
judicial affidavit shal1 be understood to be ex parte.
Section 6. Offer of and objections to testimony in judicial affidavit. - The party presenting the judicial affidavit of his
witness in place of direct testimony shall state the purpose of such testimony at the start of the presentation of the
witness. The adverse party may move to disqualify the witness or to strike out his affidavit or any of the answers
found in it on ground of inadmissibility. The court shall promptly rule on the motion and, if granted, shall cause the

marking of any excluded answer by placing it in brackets under the initials of an authorized court personnel, without
prejudice to a tender of excluded evidence under Section 40 of Rule 132 of the Rules of Court.
Section 7. Examination of the witness on his judicial affidavit. - The adverse party shall have the right to crossexamine the witness on his judicial affidavit and on the exhibits attached to the same. The party who presents the
witness may also examine him as on re-direct. In every case, the court shall take active part in examining the
witness to determine his credibility as well as the truth of his testimony and to elicit the answers that it needs for
resolving the issues.
Section 8. Oral offer of and objections to exhibits. - (a) Upon the termination of the testimony of his last witness, a
party shall immediately make an oral offer of evidence of his documentary or object exhibits, piece by piece, in their
chronological order, stating the purpose or purposes for which he offers the particular exhibit.
(b) After each piece of exhibit is offered, the adverse party shall state the legal ground for his objection, if
any, to its admission, and the court shall immediately make its ruling respecting that exhibit.
(c) Since the documentary or object exhibits form part of the judicial affidavits that describe and authenticate
them, it is sufficient that such exhibits are simply cited by their markings during the offers, the objections,
and the rulings, dispensing with the description of each exhibit.
Section 9. Application of rule to criminal actions. - (a) This rule shall apply to all criminal actions:
(1) Where the maximum of the imposable penalty does not exceed six years;
(2) Where the accused agrees to the use of judicial affidavits, irrespective of the penalty involved; or
(3) With respect to the civil aspect of the actions, whatever the penalties involved are.
(b) The prosecution shall submit the judicial affidavits of its witnesses not later than five days before the pretrial, serving copies if the same upon the accused. The complainant or public prosecutor shall attach to the
affidavits such documentary or object evidence as he may have, marking them as Exhibits A, B, C, and so
on. No further judicial affidavit, documentary, or object evidence shall be admitted at the trial.
(c) If the accused desires to be heard on his defense after receipt of the judicial affidavits of the prosecution,
he shall have the option to submit his judicial affidavit as well as those of his witnesses to the court within
ten days from receipt of such affidavits and serve a copy of each on the public and private prosecutor,
including his documentary and object evidence previously marked as Exhibits 1, 2, 3, and so on. These
affidavits shall serve as direct testimonies of the accused and his witnesses when they appear before the
court to testify.
Section 10. Effect of non-compliance with the judicial Affidavit Rule. - (a) A party who fails to submit the required
judicial affidavits and exhibits on time shall be deemed to have waived their submission. The court may, however,
allow only once the late submission of the same provided, the delay is for a valid reason, would not unduly prejudice
the opposing party, and the defaulting party pays a fine of not less than P 1,000.00 nor more than P5,000.00 at the
discretion of the court.
(b) The court shall not consider the affidavit of any witness who fails to appear at the scheduled hearing of
the case as required. Counsel who fails to appear without valid cause despite notice shall be deemed to
have waived his client's right to confront by cross-examination the witnesses there present.
(c) The court shall not admit as evidence judicial affidavits that do not conform to the content requirements
of Section 3 and the attestation requirement of Section 4 above. The court may, however, allow only once
the subsequent submission of the compliant replacement affidavits before the hearing or trial provided the
delay is for a valid reason and would not unduly prejudice the opposing party and provided further, that
public or private counsel responsible for their preparation and submission pays a fine of not less
than P1,000.00 nor more than P 5,000.00, at the discretion of the court.
Section 11. Repeal or modification of inconsistent rules. - The provisions of the Rules of Court and the rules of
procedure governing investigating officers and bodies authorized by the Supreme Court to receive evidence are
repealed or modified insofar as these are inconsistent with the provisions of this Rule.
1wphi1

The rules of procedure governing quasi-judicial bodies inconsistent herewith are hereby disapproved.

Section 12. Effectivity. - This rule shall take effect on January 1, 2013 following its publication in two newspapers of
general circulation not later than September 15, 2012. It shall also apply to existing cases.
Manila, September 4, 2012.

Republic of the Philippines

Supreme Court
Manila
A.M. NO. 03-02-05-SC
[MAY 01, 2003]
RE: PROPOSED RULE ON GUARDIANSHIP OF MINORS
RESOLUTION
Acting on the letter of the Chairman of the Committee on Revision of the Rules of Court submitting for this
Courts consideration and approval the Proposed Rule on Guardianship of Minors, the Court Resolved to
APPROVE the same.
The Rule shall take effect on May 1, 2003 following its publication in a newspaper of general circulation not
later than April 15, 2003.
April 1, 2003.
Davide, Jr. C.J., Bellosillo, Puno, Vitug, Mendoza, Panganiban, Quisumbing, Ynares-Santiago, SandovalGutierrez, Carpio, Austria-Martinez, Corona, Carpio-Moralez,Callejo Sr., Azcuna, JJ., concur

RULE ON GUARDIANSHIP OF MINORS

Section 1. Applicability of the Rule. This Rule shall apply to petitions for guardianship over the person or
property, or both, of a minor. The father and the mother shall jointly exercise legal guardianship over the
person and property of their unemancipated common child without the necessity of a court appointment. In
such case, this Rule shall be suppletory to the provisions of the Family Code on guardianship.
Sec. 2. Who may petition for appointment of guardian. On grounds authorized by law, any relative or
other person on behalf of a minor, or the minor himself if fourteen years of age or over, may petition the Family
Court for the appointment of a general guardian over the person or property, or both, of such minor. The
petition may also be filed by the Secretary of Social Welfare and Development and by the Secretary of Health
in the case of an insane minor who needs to be hospitalized.
Sec. 3. Where to file petition. A petition for guardianship over the person or property, or both, of a minor
may be filed in the Family Court of the province or city where the minor actually resides. If he resides in a
foreign country, the petition shall be filed with the Family Court of the province or city where his property or any
part thereof is situated.
Sec. 4. Grounds of petition. - The grounds for the appointment of a guardian over the person or property, or
both, of a minor are the following:
(a) death, continued absence, or incapacity of his parents;
(b) suspension, deprivation or termination of parental authority;
(c) remarriage of his surviving parent, if the latter Is found unsuitable to exercise parental authority; or

(d) when the best interests of the minor so require.

Sec. 5. Qualifications of guardians. In appointing a guardian, the court shall consider the guardians:
(a) moral character;
(b) physical, mental and psychological condition;
(c) financial status;
(d) relationship of trust with the minor;
(e) availability to exercise the powers and duties of a guardian for the full period of the guardianship;
(f) lack of conflict of interest with the minor; and
(g) ability to manage the property of the minor.
Sec. 6. Who may be appointed guardian of the person or property, or both, of a minor. In default of
parents or a court-appointed guardian, the court may appoint a guardian of the person or property, or both, of a
minor, observing as far as practicable, the following order of preference:
(a) the surviving grandparent and In case several grandparents survive, the court shall select any of them
taking Into account all relevant considerations;
(b) the oldest brother or sister of the minor over twenty-one years of age, unless unfit or disqualified;
(c) the actual custodian of the minor over twenty-one years of age, unless unfit or disqualified; and
(d) any other person, who in the sound discretion of the court, would serve the best interests of the minor.
Sec. 7. Contents of petition. A petition for the appointment of a general guardian must allege the following:
(a) The jurisdictional facts;
(b) The name, age and residence of the prospective ward;
(c) The ground rendering the appointment necessary or convenient;
(d) The death of the parents of the minor or the termination, deprivation or suspension of their parental
authority;
(e) The remarriage of the minors surviving parent;
(f) The names, ages, and residences of relatives within the 4th civil degree of the minor, and of persons having
him in their care and custody;
(g) The probable value, character and location of the property of the minor; and
(h) The name, age and residence of the person for whom letters of guardianship are prayed.
The petition shall be verified and accompanied by a certification against forum shopping. However, no defect in
the petition or verification shall render void the issuance of letters of guardianship.
Sec. 8. Time and notice of hearing. When a petition for the appointment of a general guardian is filed, the
court shall fix a time and place for its hearing, and shall cause reasonable notice to be given to the persons
mentioned in the petition, including the minor if he is fourteen years of age or over, and may direct other
general or special notice to be given.
Sec. 9. Case study report. The court shall order a social worker to conduct a case study of the minor and all
the prospective guardians and submit his report and recommendation to the court for its guidance before the
scheduled hearing. The social worker may intervene on behalf of the minor if he finds that the petition for
guardianship should be denied.
Sec. 10. Opposition to petition. Any interested person may contest the petition by filing a written opposition
based on such grounds as the majority of the minor or the unsuitability of the person for whom letters are
prayed, and pray that the petition be denied, or that letters of guardianship issue to himself, or to any suitable
person named in the opposition.
Sec. 11. Hearing and order for letters to issue. At the hearing of the petition, it must be shown that the
requirement of notice has been complied with. The prospective ward shall be presented to the court. The court
shall hear the evidence of the parties in support of their respective allegations. If warranted, the court shall
appoint a suitable guardian of the person or property, or both, of the minor.
At the discretion of the court, the hearing on guardianship may be closed to the public and the records of the
case shall not be released without its approval.

Sec. 12. When and how a guardian of the property for non-resident minor is appointed; notice. When
the minor resides outside the Philippines but has property in the Philippines, any relative or friend of such
minor, or any one interested in his property, in expectancy or otherwise, may petition the Family Court for the
appointment of a guardian over the property.
Notice of hearing of the petition shall be given to the minor by publication or any other means as the court may
deem proper. The court may dispense with the presence of the non-resident minor.
If after hearing the court is satisfied that such non-resident is a minor and a guardian is necessary or
convenient, it may appoint a guardian over his property.
Sec. 13. Service of final and executory judgment or order. The final and executory judgment or order
shall be served upon the Local Civil Registrar of the municipality or city where the minor resides and the
Register of Deeds of the place where his property or part thereof is situated shall annotate the same in the
corresponding title, and report to the court his compliance within fifteen days from receipt of the order.
Sec. 14. Bond of guardian; amount; conditions. - Before he enters upon the execution of his trust, or letters
of guardianship issue, an appointed guardian may be required to post a bond in such sum as the court shall
determine and conditioned as follows:
(a) To make and return to the court, within three months after the issuance of his letters of guardianship, a
true and complete Inventory of all the property, real and personal, of his ward which shall come to his
possession or knowledge or to the possession or knowledge of any other person in his behalf;
(b) To faithfully execute the duties of his trust, to manage and dispose of the property according to this rule
for the best interests of the ward, and to provide for his proper care, custody and education;
(c) To render a true and Just account of all the property of the ward in his hands, and of all proceeds or
interest derived therefrom, and of the management and disposition of the same, at the time designated by this
rule and such other times as the court directs; and at the expiration of his trust, to settle his accounts with the
court and deliver and pay over all the property, effects, and monies remaining in his hands, or due from him on
such settlement, to the person lawfully entitled thereto; and
(d) To perform all orders of the court and such other duties as may be required by law.
Sec. 15. Where to file the bond; action thereon. The bond posted by a guardian shall be filed in the Family
Court and, In case of breach of any of its conditions, the guardian may be prosecuted in the same proceeding
for the benefit of the ward or of any other person legally interested in the property.
Whenever necessary, the court may require the guardian to post a new bond and may discharge from further
liability the sureties on the old bond after due notice to interested persons, if no injury may result therefrom to
those interested in the property.
Sec. 16. Bond of parents as guardians of property of minor. If the market value of the property or the
annual Income of the child exceeds P50,000.00, the parent concerned shall furnish a bond In such amount as
the court may determine, but in no case less than ten per centurn of the value of such property or annual
income, to guarantee the performance of the obligations prescribed for general guardians.
A verified petition for approval of the bond shall be filed in the Family Court of the place where the child resides
or, if the child resides in a foreign country, in the Family Court of the place where the property or any part
thereof is situated.
The petition shall be docketed as a summary special proceeding In which all incidents and issues regarding
the performance of the obligations of a general guardian shall be heard and resolved.
Sec. 17. General duties of guardian. A guardian shall have the care and custody of the person of his ward
and the management of his property, or only the management of his property. The guardian of the property of a
nonresident minor shall have the management of all his property within the Philippines.
A guardian shall perform the following duties:

(a) To pay the just debts of the ward out of the personal property and the income of the real property of the
ward, If the same is sufficient; otherwise, out of the real property of the ward upon obtaining an order for its
sale or encumbrance;
(b) To settle all accounts of his ward, and demand, sue for, receive all debts due him, or may, with the approval
of the court, compound for the same and give discharges to the debtor on receiving a fair and just dividend of
the property and effects; and to appear for and represent the ward in all actions and special proceedings,
unless another person is appointed for that purpose;
(c) To manage the property of the ward frugally and without waste, and apply the income and profits thereon,
insofar as may be necessary, to the comfortable and suitable maintenance of the ward; and if such income and
profits be insufficient for that purpose, to sell or encumber the real or personal property, upon being authorized
by the court to do so;
(d) To consent to a partition of real or personal property owned by the ward jointly or in common with others
upon authority granted by the court after hearing, notice to relatives of the ward, and a careful investigation as
to the necessity and propriety of the proposed action;
(e) To submit to the court a verified inventory of the property of his ward within three months after his
appointment, and annually thereafter, the rendition of which may be required upon the application of an
interested person;
(f) To report to the court any property of the ward not included in the inventory which is discovered, or
succeeded to, or acquired by the ward within three months after such discovery, succession, or acquisition;
and
(g) To render to the court for its approval an accounting of the property one year from his appointment, and
every year thereafter or as often as may be required.
Sec. 18. Power and duty of the court The court may:
(a) Request the assistance of one or more commissioners in the appraisal of the property of the ward reported
in the initial and subsequent inventories;
(b) Authorize reimbursement to the guardian, other than a parent, of reasonable expenses incurred in the
execution of his trust, and allow payment of compensation for his services as the court may deem just, not
exceeding ten per centum of the net income of the ward, if any; otherwise, in such amount the court
determines to be a reasonable compensation for his services; and
(c) Upon complaint of the guardian or ward, or of any person having actual or prospective interest in the
property at the ward, require any person suspected of having embezzled, concealed, or disposed of any
money, goods or interest, or a written instrument belonging to the ward or his property to appear for
examination concerning any thereof and issue such orders as would secure the property against such
embezzlement, concealment or conveyance.
Sec. 19. Petition to sell or encumber property. - When the income of a property under guardianship is
insufficient to maintain and educate the ward, or when it is for his benefit that his personal or real property or
any part thereof be sold, mortgaged or otherwise encumbered, and the proceeds invested in safe and
productive security, or in the improvement or security of other real property, the guardian may file a verified
petition setting forth such facts, and praying that an order issue authorizing the sale or encumbrance of the
property.
Sec. 20. Order to show cause. If the sale or encumbrance is necessary or would be beneficial to the ward,
the court shall order his next of kin and all person/s interested in the property to appear at a reasonable time
and place therein specified and show cause why the petition should not be granted.
Sec. 21. Hearing on return of order; costs. At the time and place designated in the order to show cause,
the court shall hear the allegations and evidence of the petitioner and next of kin, and other persons interested,
together with their witnesses, and grant or deny the petition as the best interests of the ward may require.
Sec. 22. Contents of order for sale or encumbrance and its duration; bond. If, after full examination, it is
necessary, or would be beneficial to the ward, to sell or encumber the property, or some portion of it, the court
shall order such sale or encumbrance the proceeds of which shall be expended for the maintenance or the
education of the ward, or invested as the circumstances may require. The order shall specify the grounds for
the sale or encumbrance and may direct that the property ordered sold be disposed of at public sale, subject to
such conditions as to the time and manner of payment, and security where a part of the payment is deferred.

The original bond of the guardian shall stand as security for the proper appropriation of the proceeds of the
sale or encumbrance, but the court may, if deemed expedient, require an additional bond as a condition for the
sale or encumbrance. The authority to sell or encumber shall not extend beyond one year, unless renewed by
the court.
Sec. 23. Court may order investment of proceeds and direct management of property. The court may
authorize and require the guardian to invest the proceeds of sales or encumbrances, and any other money of
his ward in his hands, in real or personal property, for the best interests of the ward, and may make such other
orders for the management, investment, and disposition of the property and effects, as circumstances may
warrant.
Sec. 24. Grounds for removal or resignation of guardian. When a guardian becomes insane or otherwise
incapable of discharging his trust or is found thereafter to be unsuitable, or has wasted or mismanaged the
property of the ward, or has failed to render an account or make a return for thirty days after it is due, the court
may, upon reasonable notice to the guardian, remove him as such and require him to surrender the property of
the ward to the person found to be lawfully entitled thereto.
The court may allow the guardian to resign for justifiable causes.
Upon the removal or resignation of the guardian, the court shall appoint a new one.
No motion for removal or resignation shall be granted unless the guardian has submitted the proper accounting
of the property of the ward and the court has approved the same.
Sec. 25. Ground for termination of guardianship. The court motu proprio or upon verified motion of any
person allowed to file a petition for guardianship may terminate the guardianship on the ground that the ward
has come of age or has died. The guardian shall notify the court of such fact within ten days of its occurrence.
Sec. 26. Service of final and executory judgment or order. The final and executory judgment or order
shall be served upon the Local Civil Registrar of the municipality or city where the minor resides and the
Register of Deeds of the province or city where his property or any part thereof is situated. Both the Local Civil
Registrar and the Register of Deeds shall enter the final and executory judgment or order in the appropriate
books in their offices.
Sec. 27. Effect of the rule. This Rule amends Rules 92 to 97 inclusive of the Rules of Court on
guardianship of minors. Guardianship of incompetents who are not minors shall continue to be under the
jurisdiction of the regular courts and governed by the Rules of Court.
Sec. 28. Effectivity. - This Rule shall take effect on May 1, 2003 following its publication in a newspaper of
general circulation not later than April 15, 2003.

REPUBLIC ACT No. 4200

AN ACT TO PROHIBIT AND PENALIZE WIRE TAPPING AND OTHER RELATED VIOLATIONS OF THE PRIVACY OF
COMMUNICATION, AND FOR OTHER PURPOSES.
Section 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 any other device or arrangement, to secretly overhear, intercept, or
record such communication or spoken word by using a device commonly known as a dictaphone or dictagraph or
dictaphone or walkie-talkie or tape recorder, or however otherwise described:
It shall also be unlawful for any person, be he a participant or not in the act or acts penalized in the next preceding
sentence, to knowingly possess any tape record, wire record, disc record, or any other such record, or copies thereof, of
any communication or spoken word secured either before or after the effective date of this Act in the manner prohibited by
this law; or to replay the same for any other person or persons; or to communicate the contents thereof, either verbally or
in writing, or to furnish transcriptions thereof, whether complete or partial, to any other person: Provided, That the use of
such record or any copies thereof as evidence in any civil, criminal investigation or trial of offenses mentioned in section 3
hereof, shall not be covered by this prohibition.
Section 2. Any person who willfully or knowingly does or who shall aid, permit, or cause to be done any of the acts
declared to be unlawful in the preceding section or who violates the provisions of the following section or of any order
issued thereunder, or aids, permits, or causes such violation shall, upon conviction thereof, be punished by imprisonment
for not less than six months or more than six years and with the accessory penalty of perpetual absolute disqualification
from public office if the offender be a public official at the time of the commission of the offense, and, if the offender is an
alien he shall be subject to deportation proceedings.
Section 3. Nothing contained in this Act, however, shall render it unlawful or punishable for any peace officer, who is
authorized by a written order of the Court, to execute any of the acts declared to be unlawful in the two preceding sections
in cases involving the crimes of treason, espionage, provoking war and disloyalty in case of war, piracy, mutiny in the high
seas, rebellion, conspiracy and proposal to commit rebellion, inciting to rebellion, sedition, conspiracy to commit sedition,
inciting to sedition, kidnapping as defined by the Revised Penal Code, and violations of Commonwealth Act No. 616,
punishing espionage and other offenses against national security:Provided, That such written order shall only be issued or
granted upon written application and the examination under oath or affirmation of the applicant and the witnesses he may
produce and a showing: (1) that there are reasonable grounds to believe that any of the crimes enumerated hereinabove
has been committed or is being committed or is about to be committed: Provided, however, That in cases involving the
offenses of rebellion, conspiracy and proposal to commit rebellion, inciting to rebellion, sedition, conspiracy to commit
sedition, and inciting to sedition, such authority shall be granted only upon prior proof that a rebellion or acts of sedition,
as the case may be, have actually been or are being committed; (2) that there are reasonable grounds to believe that
evidence will be obtained essential to the conviction of any person for, or to the solution of, or to the prevention of, any of
such crimes; and (3) that there are no other means readily available for obtaining such evidence.
The order granted or issued shall specify: (1) the identity of the person or persons whose communications, conversations,
discussions, or spoken words are to be overheard, intercepted, or recorded and, in the case of telegraphic or telephonic
communications, the telegraph line or the telephone number involved and its location; (2) the identity of the peace officer
authorized to overhear, intercept, or record the communications, conversations, discussions, or spoken words; (3) the
offense or offenses committed or sought to be prevented; and (4) the period of the authorization. The authorization shall
be effective for the period specified in the order which shall not exceed sixty (60) days from the date of issuance of the
order, unless extended or renewed by the court upon being satisfied that such extension or renewal is in the public
interest.

All recordings made under court authorization shall, within forty-eight hours after the expiration of the period fixed in the
order, be deposited with the court in a sealed envelope or sealed package, and shall be accompanied by an affidavit of
the peace officer granted such authority stating the number of recordings made, the dates and times covered by each
recording, the number of tapes, discs, or records included in the deposit, and certifying that no duplicates or copies of the
whole or any part thereof have been made, or if made, that all such duplicates or copies are included in the envelope or
package deposited with the court. The envelope or package so deposited shall not be opened, or the recordings replayed,
or used in evidence, or their contents revealed, except upon order of the court, which shall not be granted except upon
motion, with due notice and opportunity to be heard to the person or persons whose conversation or communications
have been recorded. The court referred to in this section shall be understood to mean the Court of First Instance within
whose territorial jurisdiction the acts for which authority is applied for are to be executed.
Section 4. Any communication or spoken word, or the existence, contents, substance, purport, effect, or meaning of the
same or any part thereof, or any information therein contained obtained or secured by any person in violation of the
preceding sections of this Act shall not be admissible in evidence in any judicial, quasi-judicial, legislative or administrative
hearing or investigation.
Section 5. All laws inconsistent with the provisions of this Act are hereby repealed or accordingly amended.
Section 6. This Act shall take effect upon its approval.
Approved: June 19, 1965