CW5
Ballenas, Chrizian EG T.
School of EECE
Mapua University
658 Muralla St, Intramuros, Manila, 1002 Metro Manila
cetballenas@mymail.mapua.edu.ph
Abstract — This paper analyses three Philippine
republic acts, RA 3846, RA 4200, and RA 7925. It
addresses the contents and how they relate to one
another as well as how they relate to other topics
in the ECE field. Additionally, this article offers
sample case studies that are connected to these
republic acts, along with their analyses and
solutions.
A. Republic Act 3846
The Philippine Congress passed the Republic Act
3846, which governs the country's radio stations and
communications media. This law includes explicit
rules and parts that deal with the requirements that
various radio stations around the country must meet.
In the first few parts, it is stated that any new radio
station in the country must first be permitted to
operate before the station is built, and these stations
must be given a license granting them permission to
operate in the country. The Secretary of Commerce
and Communication is also in charge of regulating
the radio stations that broadcast in the country. It is
his responsibility to assign, provide for, and
categorize each radio station's operations, including
its coverage areas and zones, the frequencies that will
be used, and the content that the radio stations will
broadcast.
B. Republic Act 4200
This law restricts wiretapping and other types of
violations of the confidentiality of communications
using hidden technologies or gadgets. This law makes
it illegal to tap any wires or cables or use any type of
recording equipment to capture a communication
between two people without the consent of
them unless both parties first agree to having their
discussion recorded by a third party. Depending on
the severity of the offense, violating these guidelines
might result in a sentence of 6 months to 6 years in
jail. But the only exceptions to this law are where the
information could be used as evidence in a criminal
prosecution and then when the individuals are
involved in a mutiny, conspiracy, or assault against
the government. Every recording allowed by the
court must be submitted within 48 hours of the
deadline and presented in a sealed container. To
avoid any tampering of the tape, the recording may
only be played in court with the judge's permission.
C. Republic Act 7925
A national policy is created under this
legislation, in compliance with Article II of this law,
to ensure fair and adequate usage of
telecommunication services for both enterprises and
their consumers. Furthermore, Article III specified
the National Telecommunications Commission's
obligations, which included user promotion and
protection as well as the establishment of safe, moral,
and effective laws for telecom service providers. The
limitations of NTC were also discussed in the same
paper. Article VI of this law specifies the franchise,
fees, and revenue-sharing arrangements for the
various frequency carriers. End users' rights are also
specified in this context, including the right to
privacy when using public telecommunications
services.
II. How come that these RAs 3846, 4200 and 7925
turn out to be relevant to the field of ECE? What is
the relationship of these RAs to each other? Are they
interconnected?
For those students studying electronics and
communications engineering (ECE) it was a big
reminder for them to be aware of these three laws
since each one is pertinent to a branch of ECE that
they would be studying or may be studying soon.
Every ECE must know the necessary standards of
conduct in accordance with this legislation that
will guarantee that an ECE students or graduate
may keep their moral character and following these
laws even after graduation and employment in the
radio communications and broadcasting field.
Similarly, learning about RA 4200 assures that ECE
students will not utilize their radio communications
and electronics skills to listen in on other people's
private conversations especially when working in
broadcasting field where there is a lot of information
that can be gathered just by listening and watching to
the incomming reports. Many people lack proper
knowledge of these rights and restrictions. Finally,
RA 7925 defines language, rules, and people's rights
regarding telecommunications companies, as well as
the proper allocation of various frequencies and
geographic areas to ensure adequate coverage for all
consumers.
III. Case Problems
A. A private conversation between X and Y was
recorded by T with the consent of Y. Later
on, X learned about the recording. Is X
legally justified to file a case on Y and T?
Answer
Sections 1 and 2 of RA 4200 establish X's ability to
sue Y and T allegedly listening in on his private
discussion without informing him or obtaining his
consent. Without both parties' approval, it is
forbidden to record or listen in on a private
communication between two people, according to
Section 1 of RA 4200. Contrarily, Section 2 of the
same law states that anyone who violates the law may
be detained for a period of time ranging from six
months to six years.
B. P overheard a private communication
between A and B without a grant from the
court. Both from the private parties did not
give a consent to P. Since P is a public
official, is he exempted from the crime?
D. Julius wants to start her own radio station
called JT FM. He is unaware of rules about
using radio waves. He broadcasts at a
frequency of 101.1 MHz which is the same
frequency of Yes FM, a known radio station.
He does not know that she is interfering
with another radio station. What is the
problem shown in this case?
Answer
The main problem in this situation was that Julius'
radio station was interfering with Yes FM, a rival
station, and that if this persisted, either JT FM or Yes
FM would be overpowered or seized by the stronger
signal. In light of this, Sections 2 and 3 of RA 3846
mandate that the Secretary of Commerce and
Communications oversee the distribution of
frequencies for various radio stations prior to
acquiring a license.
References
https://lawphil.net/statutes/repacts/ra1963/
ra_3846_1963.html
https://lawphil.net/statutes/repacts/ra1965/
ra_4200_1965.html
https://lawphil.net/statutes/repacts/ra1995/
ra_7925_1995.html

Answer

Because the court did not grant P permission to

record A and B's private conversation, P is not
immune from the charge and would risk
incarceration.

C. Is R.A. 4200 applicable to the “Hello

Garci” case?

Answer

Due to the fact that the Hello Garci case involves the
recording of private conversations between two
people and that the subject matter discussed is an
illegal conduct against the Philippine government, the
sections under RA 4200 are also applicable. To
escape penalty, the individual who recorded this
conversation had to be a police officer who was
granted permission by the court.