EVIDENCE | B2015 CASE DIGESTS
Torralba v. People August 22, 2005 Chico-Nazario, J Paolo Q. Bernardo
Torralba was the host of a radio prora! aired SUMMARY: Torralba i" Ceb# Cit$% Cit$% A" i"for!atio" for libel was &led before the 'TC of Tabilara" Cit$ aai"st hi! be(a#se of state!e"tes he !ade (o"(er"i" the late C)I *#de Aapito% The prose(#tio" prese"ted as wit"esses Se#"do +i!, Att$% -o"ta"osas, a"d Gabriel Sar!ie"to% The prose(#tio" relied relied #po" #po" E.hibi E.hibitt D, a tape tape re(ord re(ordi" i" of 11 April April 1// whe" whe" Torralba Torralba alleedl$ !ade his libelo#s state!e"ts aai"st *#de -o"ta"osas% Se#" Se#"do do +i! +i! ad!i ad!itte tted d that that he did "ot "ow "ow how how to oper operat ate e a tape tape re(o re(ord rder er a"d a"d that that INST INSTEA EAD D it was was his his adopte adopted d da#hte da#hter, r, Shirl$ Shirl$ +i!, +i!, or his ho#se! ho#se!aid aid,, who re(o re(ord rded ed Torra orralba lbas s radi radio o pro prora ra!% !% -e !ai" !ai"tai tai"e "ed, d, howe howe3e 3er, r, that that he was was "ear "ear the the radio radio whe" whe"e3 e3er er the the re(ordi" re(ordi" too pla(e a"d had a(t#all$ a(t#all$ heard Torral Torralbas bas radio prora! while it was bei" taped% This pro!pted Torralba to pose a (o"ti"#i" ob4e(tio" to the ad!issio" of the said tape re(ordi"s for la( of proper a#th a#the"t e"ti( i(at atio io" " b$ the the pers perso" o" who who a(t#a a(t#all ll$ $ !ade !ade the the re(ordi"s% The TC a"d CA fo#"d Torralba #ilt$% The SC re3ersed% DCT'INE6 DCT'INE6 I" o#r 4#risdi(tio", 4#risdi(tio", it is a r#di!e"tar$ r#di!e"tar$ r#le of e3ide" e3ide"(e (e that before before a tape tape re(ord re(ordi" i" is ad!iss ad!issibl ible e i" e3id e3ide" e"(e (e a"d a"d i3e i3e" " proba probati ti3e 3e 3al# 3al#e, e, the the foll follow owi" i" re7#isites !#st &rst be established, to wit6 1% a showi" showi" that that the re(ordi" re(ordi" de3i(e de3i(e was (apable (apable of tai" testi!o"$8 2% a showi" showi" that the opera operato torr of the de3i( de3i(e e was (o!pete"t8 9% establish!e"t of the a#the"ti(it$ a"d (orre(t"ess of the
re(ordi"8 % a showi" that (ha"es, additio"s, or deletio"s ha3e "ot bee" !ade8 5% a showi" of the !a""er of the preser3atio" of the re(ordi"8 :% ide"ti&(atio" of the speaers8 a"d ;% a showi" that the testi!o"$ eli(ited was 3ol#"taril$ !ade witho#t a"$ i"d of i"d#(e!e"t% FACTS: Cirse )ra"(is(o Torralba? was the host of a radio prora! (alled "Tug-Ani ang Lungsod" , aired i" Ceb# Cit
%$A" i"for!atio" for libel was &led before the 'TC, Bra"(h 1, of Tabilara" Cit$ aai"st Torralba >Cri!i"al Case No% /10;? be(a#se of state!e"ts (o"(er"i" Ceb# C)I *#de Aapito -o"ta"osas -o"ta"osas that he !ade i" his radio prora! o" 11 April 19946 -NTANSAS, AGA@IT -NTANSAS -NTANSAS AND " T-ESE -NTANSAS, CAST CAST' ' -NT -NTAN ANSA SAS, S, A'E A'E C++A C++AB B' 'AT'S T'S D'ING D'ING T-E A'% A'% IN T-E' T-E' 'DS, 'DS, T-E A'E T'AIT'S T T-E +AND ) T-EI' BI'T-% BI'T-% % T-E T-E )AT-E' T-E' ) FAN+I FAN+ING NG -NT -NTANSAS ANSAS -AD T'EAC-E'S B+D, a"d other words of si!ilar i!port% Torralba Torralba pleaded "ot #ilt$% #ilt$% Torralba Torralba also &led before the sa!e 'TC 'TC where his Cri!% Case was pe"di", a !otio" for (o"solidatio" allei" that pri3ate (o!plai"a"t (o!plai"a"t Att$% Fa"#el -o"ta"osas >Att$% -o"ta "osas? "osas? &led a total of (ri!i"al (ases for libel aai"st hi! that were pe"di" pe"di" with the a"other 'TC Bra"(h Bra"(h i" Tabilar Tabilara" a" Cit$% As the e3ide"(e for the prose(#tio" as well as the defe"se were s#bsta"tiall$ t he sa!e, Torralba Torralba !o3ed that Cri!% Case No% /10; be (o"solidated with the
EVIDENCE | B2015 CASE DIGESTS
three other (ases so as to sa3e ti!e, eort, a"d to fa(ilitate the earl$ dispositio" of these (ases% The !otio" was ra"ted% D#ri" the trial o" the !erits of the (o"solidated (ases, the prose(#tio" prese"ted as wit"esses6 Se#"do +i!6 +i! testi&ed that he was o"e of the i"(orporators of the Tabilara" Fariti!e Ser3i(es, I"(% >TFSI? a"d was at that ti!e the assi"ed !a"aer of the port i" Tabilara" Cit$% Torralba so#ht TFSIs spo"sorship of his radio prora!% This re7#est was appro3ed b$ pri3ate (o!plai"a"t Att$% -o"ta"osas, the" the preside"t of TFSI% The !a"ae!e"t of TFSI "oti(ed that Torralba was persiste"tl$ atta(i" for!er BI' Dep#t$ Dire(tor To!as Toledo a"d his brother Bo$ Toledo who was a (#sto!s (olle(tor% )eari" that the Toledos wo#ld thi" that TFSI was behi"d the i"(essa"t (riti(is!s h#rled at the!, the !a"ae!e"t of TFSI de(ided to (ease spo"sori" Torralba >spo"sorship was th#s o"l$ for a !o"th?%% Soo" thereafter, Torralba too o" the !a"ae!e"t of TFSI% +i! testi&ed that petitio"er Torralba a((#sed TFSI of "ot obser3i" the !i"i!#! wae law a"d that said (orporatio" was (hari" hiher ha"dli" rates tha" what it was s#pposed to (olle(t% Thereafter, Att$% -o"ta"osas we"t o"Hair i" Torralbas prora! to e.plai" the side of TFSI% Afterwards,
Torralba res#!ed his assa#lt o" TFSI a"d its !a"ae!e"t% It was Torralbas rele"tless baderi" of TFSI whi(h alleedl$ pro!pted +i! to tape re(ord petitio"er Torralbas radio broad(asts% Three of the tape re(ordi"s were i"trod#(ed i" e3ide"(e b$ the prose(#tio", to wit6 E.hibit B H tape re(ordi" of 1/ *a"#ar$ 1// E.hibit C H tape re(ordi" of 25 *a"#ar$ 1// Exhibit D - tape reor!i"# o$ 11 April 1994 %alle#e!l& 'he" the libelo() )tate*e"t) a#ai")t +(!#e ,o"ta"o)a) 'a) *a!e i* a!*itte! that he !i! "ot /"o' ho' to operate a tape reor!er a"! that he a)/e! either hi) a!opte! !a(#hter0 Shirl& i*0 or hi) ho()e*ai! to reor! Torralba) ra!io pro#ra*. ,e *ai"tai"e!0 ho'ever0 that he 'a) "ear the ra!io 'he"ever the reor!i"# too/ plae a"! ha! at(all& hear! Torralba) ra!io pro#ra* 'hile it 'a) bei"# tape!. Thi) pro*pte! Torralba to po)e a o"ti"(i"# ob2etio" to the a!*i))io" o$ the )ai! tape reor!i"#) $or la/ o$ proper a(the"tiatio" b& the per)o" 'ho at(all& *a!e the reor!i"#). I" the (ase of the s#b4e(t tape re(ordi"s, +i! ad!itted that the$ were re(orded b$ Shirl$ +i!% The trial (o#rt pro3isio"all$ ad!itted the tape re(ordi"s s#b4e(t to the prese"tatio" b$ the prose(#tio" of Shirl$ +i! for the proper a#the"ti(atio" of said pie(es of e3ide"(e% Despite Torralbas ob4e(tio" to the for!al oer of these pie(es of e3ide"(e, the (o#rt a
EVIDENCE | B2015 CASE DIGESTS
quo e3e"t#all$ ad!itted the three tape re(ordi"s i"to e3ide"(e%
Att$% -o"ta"osas6 Testi&ed that he was at that ti!e the (hair!a" a"d !a"aer of TFSI% +i! prese"ted to hi! a tape re(ordi" of petitio"er Torralbas radio prora! d#ri" whi(h Torralba alleedl$ (riti(ied hi! a"d stated that he was a perso" who (o#ld "ot be tr#sted8 that i" his radio show, Torralba !e"tio"ed that he was "ow Jwar$K to i"ter3iew a"$ o"e be(a#se he had a sad e.perie"(e with so!eo"e who betra$ed hi! a"d this Lso!eo"e was lie his father who was a (ollaborator% Att$ -o"ta"osas also testi&ed that +i! bro#ht to his oM(e a tape re(ordi" of petitio"er Torralbas radio prora! whereTorralba a3erred that the -o"ta"osas were traitors to the la"d of their birth8 that *#de Aapito -o"ta"osas a"d Castor -o"ta"osas were (ollaborators d#ri" the *apa"ese o((#patio"8 a"d that after he i"for!ed his sibli"s reardi" this, the$ ased hi! to i"stit#te a (ase aai"st Torralba% 3he" he 'a) ro))-exa*i"e! b& Torralba) o(")el0 Att&. ,o"ta"o)a) !i)lo)e! that he !i! "ot at(all& hear Torralba) ra!io broa!a)t) a"! he *erel& relie! o" the tape reor!i"#) pre)e"te! to hi* b& i* a) he believe! the* to be #e"(i"e.
Gabriel Sar!ie"to6 Testi&ed that he was the for!er (o#rt ste"orapher a"d i"terpreter of 'TC, Bra"(h 9, Tabilara" Cit$, a"d
that he tra"slated the (o"te"ts of the tape re(ordi"s #po" the re7#est of Att$% -o"ta"osas% The defe"se, !ea"while, prese"ted, as its sole wit"ess, Torralba hi! self, who !ai"tai"ed that he was a !e!ber of the Kapisanan ng mga Brodkaster ng Pilipinas a"d other (i3i( ora"iatio"s i" Ceb#% I" the (o#rse of his professio" as a radio broad(aster, he alleedl$ re(ei3ed (o!plai"ts reardi" the ser3i(es of TFSI parti(#larl$ with respe(t to the laborers low pa$ a"d e.horbita"t rates bei" (hared for the arrastre ser3i(es% As he was i" fa3or of bala"(ed prora!!i", Torralba re7#ested TFSI to se"d a represe"tati3e to his radio show i" order to i3e the (orporatio" a" opport#"it$ to address the iss#es le3eled aai"st it8 th#s, the radio i"ter3iew of Att$% -o"ta"osas% he" Torralba was (rossHe.a!i"ed b$ Att$% -o"ta"osas, he de"ied ha3i" (alled for!er C)I *#de -o"ta"osas a traitor% Torralba ad!itted, tho#h, that d#ri" the appeara"(e of Att$% -o"ta"osas i" his radio prora!, he did as the latter if he was i" a"$ wa$ related to the late C)I *#de -o"ta"osas% Torralba a3erred that he posed said 7#estio" as !ere ba(ro#"der o" his i"ter3iewee% The trial (o#rt re"dered a" o!"ib#s de(isio" a(7#itti" Torralba i" the three other (ri!i"al (ases b#t holdi" hi! #ilt$ of the (ri!e of libel i" Cri!% Case No% /10; for bla(e"i" the !e!or$ of *#de Aapito -o"ta"osas% The CA aMr!ed the trial (o#rt% SSUES: N it was proper for the lower (o#rt to ad!it i" e3ide"(e +i!s tape re(ordi"%
EVIDENCE | B2015 CASE DIGESTS
RU56: No% It was "ot d#l$ a#the"ti(ated b$ +i!s adopted da#hter, a"d abse"t that a#the"ti(atio", the tape re(ordi" is i"(o!pete"t a"d i"ad!issible e3ide"(e% RAT7:
1% Torralba 3ioro#sl$ ar#es that the (o#rt a quo sho#ld "ot ha3e i3e" (o"siderable weiht o" the tape re(ordi" i" 7#estio" as it was "ot d#l$ a#the"ti(ated b$ +i!s adopted da#hter, Shirl$ +i!% itho#t said a#the"ti(atio", the tape re(ordi" is i"(o!pete"t a"d i"ad!issible e3ide"(e% a. It is e"erall$ held that so#"d re(ordi" is "ot i"ad!issible be(a#se of its for! where a proper fo#"datio" has bee" laid to #ara"tee the e"#i"e"ess of the re(ordi"% b. " o(r 2(ri)!itio"0 it i) a r(!i*e"tar& r(le o$ evi!e"e that be$ore a tape reor!i"# i) a!*i))ible i" evi!e"e a"! #ive" probative val(e0 the $ollo'i"# re8(i)ite) *()t r)t be e)tabli)he!0 to 'it: i. a )ho'i"# that the reor!i"# !evie 'a) apable o$ ta/i"# te)ti*o"& ii. a )ho'i"# that the operator o$ the !evie 'a) o*pete"t iii. e)tabli)h*e"t o$ the a(the"tiit& a"! orret"e)) o$ the reor!i"# iv. a )ho'i"# that ha"#e)0 a!!itio")0 or !eletio") have "ot bee" *a!e v. a )ho'i"# o$ the *a""er o$ the pre)ervatio" o$ the reor!i"# vi. i!e"tiatio" o$ the )pea/er) a"! vii.a )ho'i"# that the te)ti*o"& eliite! 'a) vol("taril& *a!e 'itho(t a"& /i"! o$ i"!(e*e"t. . Also6 i% I" o"e (ase, it was held thatHHH the testi!o"$ of the operator of the re(ordi" de3i(e as reards its operatio", •
his !ethod of operati"8 the a((#ra($ of the re(ordi"s, a"d the ide"tities of the perso"s HHHspeai" laid a s#M(ie"t fo#"datio" for the ad!issio" of the re(ordi"s% ii% +iewise, a wit"ess de(laratio" that the so#"d re(ordi" represe"ts a tr#e portra$al of the 3oi(es (o"tai"ed therei" satis&es the re7#ire!e"t of a#the"ti(atio"% !. The part$ seei" the i"trod#(tio" i" e3ide"(e of a tape re(ordi" bears the b#rde" of oi" forth with s#M(ie"t e3ide"(e to show that the re(ordi" is a" a((#rate reprod#(tio" of the (o"3ersatio" re(orded% e. Rationale6 The)e re8(i)ite) 'ere lai! !o'" prei)el& to a!!re)) the ritii)* o$ )()eptibilit& to ta*peri"# o$ tape reor!i"#). $. I" the (ase at bar, o"e (a" easil$ dis(er" that the proper fo#"datio" for the ad!issibilit$ of the tape re(ordi" was "ot adhered to% i% +i! (ateori(all$ ad!itted i" the wit"ess sta"d that he was "ot fa!iliar at all with the pro(ess of tape re(ordi" a"d that he had to i"str#(t his adopted da#hter to re(ord Torralbas radio broad(asts% ii% I" his (o!prehe"si3e boo o" e3ide"(e, o#r for!er (ollea#e, *#sti(e 'i(ardo )ra"(is(o, wrote that JeK3ide"(e of a !essae or a spee(h b$ !ea"s of radio broad(ast is ad!issible as e3ide"(e whe" the ide"tit$ of the speaer is established either b$ the testi!o"$ of a wit"ess who saw hi! broad(ast his !essae or spee(h, or b$ the wit"ess re(o"itio" ofthe 3oi(e of the speaer= iii% The re(ords of this (ase are bereft of a"$ proof that a wit"ess saw Torralba broad(ast the alleed libelo#s re!ars% • • •
EVIDENCE | B2015 CASE DIGESTS
#. +i!, howe3er, stated that while Torralbas radio prora! o" that date was bei" tape re(orded b$ his adopted da#hter, he was so "ear the radio that he (o#ld e3e" to#(h the sa!e% i% I" ee(t, +i! was i!pl$i" that he was liste"i" to T#HA"i a" +#"sod at that ti!e% I" o#r 3iew, s#(h bare assertio" o" the part of +i!, #"(orroborated as it was b$ a"$ other e3ide"(e, fails to !eet the sta"dard that a wit"ess !#st be able to re(o"ie the 3oi(e of the speaer% ii. ;ei"# "ear the ra!io i) o"e thi"# at(all& li)te"i"# to the ra!io broa!a)t a"! reo#"i
•
h. The tape re(ordi"s beei" i"ad!issible a"d there bei" "o other wit"ess to the broad(ast, there i"s#M(ie"($ of e3ide"(e !eriti" a &"di" of #ilt be$o"d reaso"able do#bt%
DSP7ST=E: The tape re(ordi"s oered b$ the prose(#tio" as e3ide"(e were "ot ad!itted as e3ide"(e% Co"se7#e"tl$, the de(isio" of the CA &"di" Torralba #ilt$ is o3ert#r"ed be(a#se of i"s#M(ie"(e of e3ide"(i" !eriti" a &"di" of #ilt be$o"d reaso"able do#bt%
