Navarro v CA

Two local media men, Stanley Jalbuena, Enrique Lingan, in Lucena City wnet to the police station to
report alledged 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:

1. Whether or not the voice recording is admissible in evidence in view of RA 4200, which prohibits
wire tapping.

2. Whether the mitigating circumstances of sufficient provocation or threat on the part of the
offended party and lack of intention to commit so grave a wrong may be appreciated in favor of the
accused.

HELD:

1. The answer is affirmative, the tape is admissible in view of RA 4200, which prohibits wire tapping.
Jalbuena's testimony is confirmed by the voice recording he had made.

The law prohibits the overhearing, intercepting, or recording of private communications (Ramirez v
Cpourt of Appeals, 248 SCRA 590 [1995]). Snce the exchange between petitioner Navarro and Lingan
was not private, its tape recording is not prohibited.

2. The remarks of Lingan, which immediately preceded the acts of the accused, constituted sufficient
provocation. Provocation is said to be any unjust or improper conduct of the offended party capable of
exciting, annoying or irritating someone. The provocation must be sufficient and must immediately
precede the act; and in order to be sufficient, it must be adequate to excite a person to commit the
wrong, which must be accordingly proportionate in gravity. The mitigating circumstance of lack of
intention to commit so grave a wrong must also be considered. The exclamations made by Navarro after
the scuffle that it was Lingan who provoked him showed that he had no intent to kill the latter.