Navarro being a member of the Lucena Integrated National Police,
assaulted Ike Lingan inside the police headquarter by boxing Lingan in the head with a butt of a gun and thereafter when the said victim fell, by banging his head against the concrete pavement. Lingan suffered cerebral concussion and shock which directly caused his death. Unknown to the petitioner Navarro, Jalbuena who is a colleague of Lingan who is also with him at the police headquarters was able to record on tape the heated exchange between petitioner and Lingan. In giving credence to the evidence of the prosecution, the trial court find Navarro criminally liable.
Issue
Whether or not the voice recording of Jalbuena is an admissible
evidence in view of R.A No. 4200, which prohibits wire tapping.
Held
Yes, the law the prohibits the overhearing, intercepting or recording
private communications. Since the exchange between Navarro and Lingan was not private, its tape recording is not prohibited.
A voice recording is authenticated by the testimony of the witness. 1)
That he personally recorded the conversation; 2) That tape played in the Court was the one recorded; 3) that the voices on the tape are those of the persons such are claimed to belong. A sufficient foundation was thus laid for the authentication of the tape presented by the prosecution.