Navarro v.

Court of Appeals
G.R No. 121087; August 26, 1999

Facts

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.