News have been circulating about this driver who recorded her conversation with the MMDA officer who was fishing for bribe. Apparently, MMDA Chairman Francis Tolentino commented that the person who took this video could be held liable under the Anti-Wire Tapping Act. Naturally, he later on issued a statement that he never said that.

But let us talk about the Anti-Wire Tapping Law and whether it is applicable to such instance. It is most unfortunate that female drivers are more likely to be flagged down for made up traffic violations. It is because of this that my dad has installed a dash cam in my car. Will we be really liable under the Anti-Wire Tapping Law in the event that we too record a conversation between us and these obnoxious traffic enforcers?


No. Republic Act No. 4200, otherwise known as the Anti-Wire Tapping Law considers it unlawful for any person who without authority from all the parties to the private communication or spoken word to do the following acts: (1) tap any wire, (2) secretly overhear or intercept such communication or spoken word by using any other decide or arrangement, and (3) record such private communication or spoken word by using a device commonly known as dictaphone, or dictagraph, detectaphone, or walkie-talkie or tape recorder or however otherwise described. The law likewise provides that any communication obtained in violation of the said act cannot be used as evidence in any judicial, quasi-judicial, or administrative hearing or investigation.

This stated, the Anti-Wire Tapping Law does not prohibit the recording of all communications. As gleaned from the above, only the recording and interception of private communications are prohibited. 

Obviously, the conversation between the lady driver and the MMDA constable is not private in nature. Therefore, there is no violation of the Anti-Wire Tapping Law.

So yes, Ladies, if you do find yourself in the same situation, record your conversation. If they tell you that you are liable under the Anti-Wire Tapping Law, say you aren't as this is not a conversation made in public therefore falling beyond the scope of the said law.