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Facts:
A civil case damages was filed by petitioner Socorro Ramirez in the Quezon City RTC
otherwise described.
alleging that the private respondent, Ester Garcia, in a confrontation in the latters
The aforestated provision clearly and unequivocally makes it illegal for any person,
office, allegedly vexed, insulted and humiliated her in a hostile and furious mood
not authorized by all the parties to any private communication to secretly record
to whether the party sought to be penalized by the statute ought to be a party other
In support of her claim, petitioner produced a verbatim transcript of the event and
than or different from those involved in the private communication. The statutes
sought damages. The transcript on which the civil case was based was culled from a
As a result of petitioners recording of the event and alleging that the said act of
secretly taping the confrontation was illegal, private respondent filed a criminal case
before the Pasay RTC for violation of Republic Act 4200, entitled An Act to prohibit
and penalize wire tapping and other related violations of private communication,
courts conclusion that in enacting R.A. 4200 our lawmakers indeed contemplated to
Petitioner filed a Motion to Quash the Information, which the RTC later on granted,
on the ground that the facts charged do not constitute an offense, particularly a
violation of R.A. 4200.
The CA declared the RTCs decision null and void and denied the petitioners MR,
hence the instant petition.
Issue:
W/N the Anti-Wiretapping Act applies in recordings by one of the parties in the
conversation
make
illegal,
unauthorized
tape
recording
of
private
conversations
or
penalizes
are
the
acts
of
secretly overhearing,
intercepting
or
Held:
Yes. Section 1 of R.A. 4200 entitled, An Act to Prohibit and Penalized Wire Tapping
and Other Related Violations of Private Communication and Other Purposes,
provides:
Sec. 1. It shall be unlawful for any person, not being authorized by all the parties to
any private communication or spoken word, to tap any wire or cable, or by using any