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    Gaanan Vs IAC

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    Joey Albert De Guzman
    This case involves a controversy where Gaanan overheard a telephone conversation on a telephone extension without consent. The complainant charged Gaanan and Laconico with violating the Anti-Wiretapping Act. The RTC found them guilty but the Intermediate Appellate Court affirmed. The issue is whether an extension telephone is a prohibited device under the Anti-Wiretapping Act. The court held that an extension telephone is not included in the phrase "device or arrangement" prohibited by the law. The law refers to using a device or arrangement to secretly overhear communications, but an extension telephone is not designed for this purpose and its presence cannot be presumed without consent.

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    Gaanan Vs IAC

    Uploaded by

    Joey Albert De Guzman
    228 views1 page
    This case involves a controversy where Gaanan overheard a telephone conversation on a telephone extension without consent. The complainant charged Gaanan and Laconico with violating the Anti-Wiretapping Act. The RTC found them guilty but the Intermediate Appellate Court affirmed. The issue is whether an extension telephone is a prohibited device under the Anti-Wiretapping Act. The court held that an extension telephone is not included in the phrase "device or arrangement" prohibited by the law. The law refers to using a device or arrangement to secretly overhear communications, but an extension telephone is not designed for this purpose and its presence cannot be presumed without consent.

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    Original Title

    Gaanan vs IAC

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    This case involves a controversy where Gaanan overheard a telephone conversation on a telephone extension without consent. The complainant charged Gaanan and Laconico with violating the Anti-Wiretapping Act. The RTC found them guilty but the Intermediate Appellate Court affirmed. The issue is whether an extension telephone is a prohibited device under the Anti-Wiretapping Act. The court held that an extension telephone is not included in the phrase "device or arrangement" prohibited by the law. The law refers to using a device or arrangement to secretly overhear communications, but an extension telephone is not designed for this purpose and its presence cannot be presumed without consent.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    228 views1 page

    Gaanan Vs IAC

    Uploaded by

    Joey Albert De Guzman
    This case involves a controversy where Gaanan overheard a telephone conversation on a telephone extension without consent. The complainant charged Gaanan and Laconico with violating the Anti-Wiretapping Act. The RTC found them guilty but the Intermediate Appellate Court affirmed. The issue is whether an extension telephone is a prohibited device under the Anti-Wiretapping Act. The court held that an extension telephone is not included in the phrase "device or arrangement" prohibited by the law. The law refers to using a device or arrangement to secretly overhear communications, but an extension telephone is not designed for this purpose and its presence cannot be presumed without consent.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Gaanan vs IAC

    Facts: the controversy started when the complainant called Laconico for a settlement of the direct
    assault case against the latter. However, upon that call, the petitioner Gaanan was requested by laconic
    to secretly listen to the telephone conversation through a telephone extension so as to hear personally
    the proposed conditions for the settlement involving an amount of money. Thereafter, upon receipt of
    the money of the complainant, he was then arrested. The petitioner thereon executed an affidavit
    stating that he heard complainant demand P8, 000 for the withdrawal of the case for direct assault. On
    the other hand, complainant charged petitioner and Laconico with violation of the Anti-Wiretapping Act
    knowing that the petitioner overheard the conversation without his complainant’s consent. The RTC
    found petitioner and Laconico guilty of Section 1 of the said Act which was affirmed by the Intermediate
    Appellate Court. Hence this petition.

    Issue:

    Whether or not an extension telephone is among the prohibited devices in Section 1 of R.A. 4200
    otherwise known as the Anti-Wiretapping Act

    Held:

    No, an extension telephone is not to be included in the phrase “device or arrangement” that are
    prohibited under Section 1 of R.A. 4200. The law refers to the use of a “device or arrangement” for the
    purpose of secretly overhearing, intercepting, or recording the communication. The court ruled that
    there must be either a physical interruption through a wiretap or the deliberate installation of a device
    or arrangement in order to overhear, intercept, or record the spoken words. An extension telephone
    cannot be held as in the same category and was not design for the same purpose stated. As a rule in the
    statutory construction, in determining the true intent of the legislature, the particular clauses and
    phrases of the statute should not be taken as detached and isolated expressions, but the whole and
    every part thereof must be considered in fixing the meaning of any of its parts. Hence, the phrase
    “device or arrangement”, although not exclusive to that enumerated therein, should be construed as
    instruments use which equivalent to tapping the main line of a telephone whose presence cannot be
    presumed by the party or parties being overheard.

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