Philippine Bar review · Question

Practice question: Anti-Wire Tapping Act (RA 4200)

Multiple Choice Medium

Practice question

Ben did not make an illegal private-conversation recording, but knowingly obtains a copy and replays it to others. No statutory exception applies. Is lack of participation in the original recording a complete defense under Section 1?
  1. Yes, only the first recorder is covered.
  2. Yes, copying automatically legalizes it.
  3. No; the statute separately addresses knowing possession and replay of the covered illegally obtained recording.
  4. Yes, unless Ben is a public officer.
  5. No, because every lawful recording is also prohibited.

Legal references

  • RA 4200, Sections 1–4, private communications, judicial authorization and exclusion: https://lawphil.net/statutes/repacts/ra1965/ra_4200_1965.html
  • Ramirez v Court of Appeals, G.R. No. 93833, September 28, 1995, main decision, participant recording: https://lawphil.net/judjuris/juri1995/sep1995/gr_93833_1995.html

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