Gaanan v IAC

G.R. No. L-69809 October 16, 1986

Facts:

Complainant Atty. Tito Pintor and his client Manuel Montebonoffered to withdraw the complaint for direct assault they filed against Laconico after demanding P8,000 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).

The lower courtfound both Gaanan and Laconico guilty of violating Section 1 of Republic Act No. 4200. The Intermediate Appellate Court affirmed the decision of the trial court.

Issue:

Whether or not an extension telephone is among the prohibited devices in Section 1 of the Act, such that its use to overhear a private conversation would constitute unlawful interception of communications between the two parties using a telephone line.

Held:

 No, An extension telephone cannot be placed in the same category as a Dictaphone, dictagraph or the other devices enumerated in Section 1 of RA No. 4200 as the use thereof cannot be considered as "tapping" the wire or cable of a telephone line. The telephone extension in this case was not installed for that purpose. It just happened to be there for ordinary office use. It is a rule in statutory construction that in order to determine 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. Furthermore, it is a general rule that penal statutes must be construed strictly in favour of the accused. Thus, in case of doubt as in the case at bar, 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. The mere act of listening, in order to be punishable must strictly be with the use of the enumerated devices in RA No. 4200 or others of similar nature.

The petition is GRANTED. The decision of the then Intermediate Appellate Court dated August 16, 1984 is ANNULLED and SET ASIDE. The petitioner is hereby ACQUITTED of the crime of violation of Rep. Act No. 4200, otherwise known as the Anti-Wiretapping Act.