Admissibility of a recorded altercation between the accused and the deceased NAVARRO vs CA
G.R. No. 121087
August 26 1!!!
"acts# Na$arro was charged with homicide with the R%&. %he trial court con$icted him of the crime charged. %he court admitted in e$idence the recorded ta'e allegedly containing the heated heated e(chan e(change ge between between Na$arro Na$arro and the deceased deceased )ingan in the 'olice station. station. %he e(change in the $oice recording was con*rmed by the testimony of +albuena one who too, the recording and witness for the 'rosecution. -ssue# /N the ta'e is admissible in e$idence under RA No. 200. Ruling# Ruling# es es the ta'e is admissib admissible le in e$idence e$idence.. RA No. 200 'rohibi 'rohibits ts the o$erhear o$erhearing ing interce'ting interce'ting or recording recording of 'ri$ate communications. ince the e(change e(change between 'etitioner Na$arro and )ingan was not 'ri$ate its ta'e recording is not 'rohibited. Nor is there any 3uestion that it was duly authenticated. A $oice recording is authenticated by the testimony of a witness 415 that he 'ersonally recorded recorded the con$ersations 425 that the ta'e 'layed in the court was the one he recorded and 45 that the $oices on the ta'e are those of the 'ersons such are claimed to belong. -n the instant case +albuena testi*ed that he 'ersonally made the $oice recording that the ta'e 'layed in the court was the one he recorded recorded and that the s'ea,ers on the ta'e were 'etitioner Na$arro Na$arro and )ingan. A sucient foundation was thus laid for the authentication of the ta'e 'resented by the 'rosecution. %he $oice recording recording made by +albuena established# established# 415 that there was a heated e(change e(change between 'etitioner Na$arro and )ingan on the 'lacing in the 'olice blotter of an entry against him and +albuena and 425 that some form of $iolence occurred in$ol$ing 'etitioner Na$arro and )ingan with the latter getting the worst of it.