MMDA insists motorist may have violated wiretapping law as Tolentino encourages recording

Metro Manila Development Authority's Traffic Discipline Office head Atty. Crisanto Saruca on Tuesday insisted that the motorist who recorded a bribe-negotiation with a traffic constable could have violated the Anti-Wiretapping Law, GMA News TV's “State of the Nation with Jessica Soho” reported.



“Dahil nga po ginawa nang patago at wala pong permiso ng kausap niyang [traffic constable],” explained Saruca. “Hindi naman po kasi pinagbabawal ang pagre-recording kung pumayag naman po ang kausap. Or, kung this is just an actual recording of an event na hindi naman po, direct inenduce o inentice na ganoon ang kinalabasan ng pag-uusap.”

However, despite the threat of these recordings backfiring on motorists, and contrary to his earlier pronouncement that these recordings were a form of entrapment, MMDA chairman Francis Tolentino encouraged the public to go ahead and record officials involved in illicit activities.

As to his earlier assertion during a dzBB interview that the person taking the recording had equally violated the law and “puwedeng maghabol ang na-entrap na enforcers,” Tolentino said that he was misquoted. “Hindi ko alam kung saan nanggaling 'yun,” he explained.

“And I still encourage the general public to videotape wrong-doings. I still maintain that,” Tolentino added.

But how far one can one take Tolentino's encouragement without violating the Anti-Wiretapping Law?

According to Atty. JJ Disini from the University of the Philippines' College of Law, it is illegal to record a conversation without the consent of those speaking.

However, it is not illegal if the recording is taken in a public place and a public servant is involved. “Hindi naman private 'yun, eh... Nage-exercise siya (traffic enforcer) ng public duty, ine-enforce niya ang traffic laws. Hindi naman pwede gawin in private 'yun, eh. Ginagawa talaga 'yun in public,” Disini pointed out.

"Neither is security camera footage illegal as these have no audio, and thus no conversations are being recorded," he added. —DVM/KG, GMA News