NAVARRO VS.

COURT OF APPEALS
G.R. No. 121087 August 26, 1999
FACTS:

Two local media men, Stanley Jalbuena, Enrique Lingan, in Lucena City went to the police

station to report alleged indecent show in one of the night establishment shows in the City. At the

station, a heated confrontation followed between victim Lingan and accused policeman Navarro

who was then having drinks outside the headquarters, lead to a fisticuffs. The victim was hit with

the handle of the accused's gun below the left eyebrow, followed by a fist blow, resulted the

victim to fell and died under treatment. The exchange of words was recorded on tape,

specifically the frantic exclamations made by Navarro after the altercation that it was the victim

who provoked the fight. During the trial, Jalbuena, the other media man, testified. Presented in

evidence to confirm his testimony was a voice recording he had made of the heated discussion at

the police station between the accused police officer Navarro and the deceased, Lingan, which

was taken without the knowledge of the two.

ISSUES:

Whether or not the voice recording is admissible in evidence in view of RA 4200, which

prohibits wire tapping.

HELD:

The tape is admissible in view of RA 4200, which prohibits wire tapping. The law prohibits

the overhearing, intercepting, or recording of private communications. However, since the

exchange between petitioner Navarro and Lingan was not private, its tape recording is not

prohibited. Nor is there any question that it was duly authenticated. A voice recording is

authenticated by the testimony of a witness (1) that he personally recorded the conversations; (2)

that the tape played in the court was the one he recorded; and (3) that the voices on the tape are

those of the persons such are claimed to belong. In this case, Jalbuena testified that he personally

made the voice recording; that the tape played in the court was the one he recorded; and that the

speakers on the tape were petitioner Navarro and Lingan. A sufficient foundation was thus laid

for the authentication of the tape presented by the prosecution.