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

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XX.

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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