2013 (Criminal Law) Bar Exam Questions: Multiple Choice Question 20

[Answer/discuss the question below. Or jump to Criminal Law Essay Question 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11; Criminal Law Multiple Choice Question 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 1921, 22, 23, 24 and 25; See also 2013 Bar Exam: Information, Discussions, Tips, Questions and Results]


From an extension line, Ricardo overheard a telephone conversation between Julito and Atty. Hipolito. The latter (Atty. Hipolito) was asking money from Julito in exchange for dropping the extortion charge filed against Julito. Ricardo was charged of violating the Anti-Wire Tapping Act or R.A. 4200.

Under these facts, was there a violation as charged? (1%)

(A) Yes, because the conversation was private in nature.

(B) Yes, because the conversation was overheard without the consent of the parties, Julito and Atty. Hipolito.

(C) No, because what is punishable is intentional listening to a conversation through a wire.

(D) No, because a telephone extension line is not the device or arrangement contemplated by the law and the use of an extension line cannot be considered as wire tapping.

(D) None of the above.

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