Duterte allies seek to relax Anti-Wiretapping Law | ABS-CBN
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Duterte allies seek to relax Anti-Wiretapping Law
Duterte allies seek to relax Anti-Wiretapping Law
Katrina Domingo,
ABS-CBN News
Published Sep 01, 2016 02:44 PM PHT
Only 3,482 drug suspects convicted in 5 years: Aguirre
Only 3,482 drug suspects convicted in 5 years: Aguirre
MANILA - Allies of President Rodrigo Duterte are keen on amending the Anti-Wiretapping Law (R.A. 4200) in a bid to use conversation recordings as a tool to speed up drug convictions for the president's war against illegal drugs.
MANILA - Allies of President Rodrigo Duterte are keen on amending the Anti-Wiretapping Law (R.A. 4200) in a bid to use conversation recordings as a tool to speed up drug convictions for the president's war against illegal drugs.
"At least 126,016 drug-related cases have been filed in a span of five years, but only 3,482 suspects have been convicted," Justice Secretary Vitaliano Aguirre told members of the Senate Committee on Public Order and Dangerous Drugs on Thursday morning.
"At least 126,016 drug-related cases have been filed in a span of five years, but only 3,482 suspects have been convicted," Justice Secretary Vitaliano Aguirre told members of the Senate Committee on Public Order and Dangerous Drugs on Thursday morning.
ONE-PARTY CONSENT RULE
To obtain stronger evidence against drug suspects, the Department of Justice (DOJ) is pushing for the "relaxation of RA 4200" by enforcing the "one-party consent rule" wherein police officials and anti-drug agents are "allowed to record any conversation without a court order, so long as the agent has obtained the consent of one party to record the conversation."
To obtain stronger evidence against drug suspects, the Department of Justice (DOJ) is pushing for the "relaxation of RA 4200" by enforcing the "one-party consent rule" wherein police officials and anti-drug agents are "allowed to record any conversation without a court order, so long as the agent has obtained the consent of one party to record the conversation."
But Senate Committee on Public Order and Dangerous Drugs Chairman Senator Panfilo Lacson pointed out that it might be a violation of constitutional provisions against unreasonable searches and seizure, and the right to the privacy of communications.
But Senate Committee on Public Order and Dangerous Drugs Chairman Senator Panfilo Lacson pointed out that it might be a violation of constitutional provisions against unreasonable searches and seizure, and the right to the privacy of communications.
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"Without the consent of the other party, you are intruding into his privacy," Lacson said.
"Without the consent of the other party, you are intruding into his privacy," Lacson said.
Despite reservations on its constitutionality, lawmakers agreed that the proposed "one-party consent rule" can be a court's basis to authorize the recording of particular conversations.
Despite reservations on its constitutionality, lawmakers agreed that the proposed "one-party consent rule" can be a court's basis to authorize the recording of particular conversations.
Lawmakers are also looking into relaxing the quantum of evidence for the authorization of wiretapping.
Lawmakers are also looking into relaxing the quantum of evidence for the authorization of wiretapping.
"A mere suspicion should be enough basis to warrant a court order (for wiretapping)," Lacson said.
"A mere suspicion should be enough basis to warrant a court order (for wiretapping)," Lacson said.
"We can also use the term 'reasonable ground to believe.' That is a level below probable cause," Lacson added.
"We can also use the term 'reasonable ground to believe.' That is a level below probable cause," Lacson added.
Several bills were earlier filed in the Senate to broaden the scope of the Anti-Wiretapping Law as the current measure only covers the recording of conversations that may be linked to "treason, espionage, provoking war and disloyalty in case of war, rebellion, sedition, kidnapping and other offenses against national security.
Several bills were earlier filed in the Senate to broaden the scope of the Anti-Wiretapping Law as the current measure only covers the recording of conversations that may be linked to "treason, espionage, provoking war and disloyalty in case of war, rebellion, sedition, kidnapping and other offenses against national security.
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