Gaanan vs. Intermediate Appellate Court

Gaanan vs. Intermediate Appellate Court

[GR L-69809, 16 October 1986]

FACTS:
        Atty. Tito Pintor and his client Manuel Montebon were discussing the terms for the withdrawal of the complaint for direct assault filed with the Office of the City Fiscal of Cebu against Leonardo Laconico after demanding P 8,000.00 from him. This demand was heard by Atty. Gaanan through a telephone extension as requested by Laconico so as to personally hear the proposed conditions for the settlement. Atty. Pintor was subsequently arrested in an entrapment operation upon receipt of the money. since Atty. Gaanan listened to the telephone conversation without complainant's consent, complainant charged Gaanan and Laconico with violation of the Anti- Wiretapping Act (RA 4200).

ISSUE:
       Whether or not an extension telephone is among the prohibited devices in Sec. 1 of RA 4200 such that its use to overheard a private conversation would constitute an unlawful interception of communication between two parties using a telephone line.

HELD:
      No. An extension telephone cannot be placed in the same category as a dictaphone or dictagraph, or other devvices enumerated in Sec. 1 of the law as the use thereof cannot be considered as "tapping" the wire or cable of a telephone line. this section refers to instruments whose installation or presence cannot be presumed by the party or parties being overheard because, by their very nature, they are of common usage and their purpose is precisely for tapping, intercepting, or recording a telephone conversation. The telephone extension in this case was not installed for that purpose. It just happened to be there for ordinary office use.

      Furthermore, it is a general rule that penal statutes must be construed strictly  in favor of the accused. Thus in the case of doubt as in this case,  on whether or not an extension telephone is included in the phrase "device or arrangement" the penal statute must be construed as not including an extension telephone.

      A perusal of the Senate Congressional Record shows that our lawmakers intended to discourage, through punishment, persons such as government authorities  or representatives of organized groups from installing devices in order to gather evidence for use in court or to intimidate, blackmail or gain some unwarranted advantage over the telephone users. Consequently, the mere act of listeneing , in order to be punishable must strictly be with the use of the enumerated devices in RA 4200 or other similar nature.