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Wire Tapping

The document outlines two prosecutor's resolutions regarding wiretapping charges against an accused individual. The first resolution approves the filing of charges based on sufficient evidence of unauthorized interception of communications, while the second resolution dismisses a separate complaint due to lack of probable cause and insufficient evidence. Both resolutions reference Republic Act No. 4200, which protects privacy and communication secrecy.

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5 views

Wire Tapping

The document outlines two prosecutor's resolutions regarding wiretapping charges against an accused individual. The first resolution approves the filing of charges based on sufficient evidence of unauthorized interception of communications, while the second resolution dismisses a separate complaint due to lack of probable cause and insufficient evidence. Both resolutions reference Republic Act No. 4200, which protects privacy and communication secrecy.

Uploaded by

sap.legalservicesdivision
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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PROSECUTOR’S RESOLUTION APPROVING THE FILING OF CHARGES

FOR WIRE TAPPING

REPUBLIC OF THE PHILIPPINES


DEPARTMENT OF JUSTICE
OFFICE OF THE PROVINCIAL/CITY PROSECUTOR
[Province/City]

I.S. No.: 2025-WT-001


Complainant: [Name of Complainant]
Respondent: [Name of Accused]
Offense: Wire Tapping under Republic Act No. 4200

📂 DOCUMENTS SUBMITTED:

1. Sworn complaint-affidavit of [Complainant] alleging wiretapping


without consent.

2. Affidavits of witnesses with knowledge of the alleged wiretapping.

3. Copies/transcripts of intercepted communications or recordings.

4. Police or investigation report on the incident.

5. Technical report on wiretapping devices (if applicable).

6. Other supporting evidence.

📄 STATEMENT OF FACTS:

The complainant alleges that the accused, without the consent of the parties
involved, unlawfully tapped or intercepted private communications between
[parties] on or about [date] at [place]. The accused used [device/method] to
overhear or record the conversation, violating their right to privacy. Witness
affidavits and technical reports corroborate the unauthorized interception of
communication.

⚖️LEGAL ANALYSIS:

The elements of Wire Tapping are present. The accused is shown to have
deliberately intercepted private communication without consent by use of
technical devices. This act is prohibited under Republic Act No. 4200,
protecting the right to privacy and communication secrecy. The evidence
sufficiently establishes probable cause to file charges.

✅ RECOMMENDATION:

WHEREFORE, the complaint for Wire Tapping against the accused is hereby
APPROVED for filing in court.

Prepared by:
[Assistant Provincial/City Prosecutor’s Name]
Assistant Provincial/City Prosecutor

Approved by:
[Provincial/City Prosecutor’s Name]
Provincial/City Prosecutor

❌ PROSECUTOR’S RESOLUTION DISMISSING THE COMPLAINT FOR


WIRE TAPPING

REPUBLIC OF THE PHILIPPINES


DEPARTMENT OF JUSTICE
OFFICE OF THE PROVINCIAL/CITY PROSECUTOR
[Province/City]

I.S. No.: 2025-WT-002


Complainant: [Name of Complainant]
Respondent: [Name of Accused]
Offense: Wire Tapping under Republic Act No. 4200

📂 DOCUMENTS SUBMITTED:

1. Sworn complaint-affidavit of complainant.

2. Affidavits of witnesses.

3. Copies/transcripts of alleged intercepted communications.

4. Police or investigation report.

5. Any other relevant documentary or technical evidence.


📄 STATEMENT OF FACTS:

The complainant alleges unauthorized wiretapping by the accused on [date].


However, the investigation reveals no sufficient proof that the accused
committed wiretapping without consent. The recordings submitted are either
inconclusive, lack proper chain of custody, or were obtained legally with
consent. Witness statements do not support the claim of unlawful
interception.

⚖️LEGAL ANALYSIS:

The essential elements of Wire Tapping under RA 4200 have not been
sufficiently established. The evidence does not show that the accused
intentionally and unlawfully intercepted private communications. The
complaint lacks probable cause.

❌ RECOMMENDATION:

WHEREFORE, the complaint for Wire Tapping against the accused is


respectfully DISMISSED for lack of probable cause.

Prepared by:
[Assistant Provincial/City Prosecutor’s Name]
Assistant Provincial/City Prosecutor

Approved by:
[Provincial/City Prosecutor’s Name]
Provincial/City Prosecutor

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