Camille May Savillo

Sec 1E

Statutory Construction

If you were the counsel of Socorro Ramirez in her claim for damages in view of the denial
of her petition in the criminal case about the wire tapping or the recording of the
conversation, cite basis or grounds that can give due course to your clients claim for
damages.

The grounds for Socorro Ramirez claim for damages, as shown in Soccoro Ramirez vs
Honorable Court of Appeals and Ester Garcia, is that Garcia, in a confrontation, allegedly
vexed, insulted, and humiliated Ramirez in a hostile and furious mood which was offensive to
the latters dignity and personality. The evidence presented was a transcript of a recording done
by Ramirez from the said conversation. After finding out that Ramirez secretly recorded the
conversation and without her consent, Garcia filed a case against her for violation of the AntiWiretapping Law.
Ester Garcia, upon filing a case against Socorro Ramirez for violating the AntiWiretapping law, in a way admits that Socorro Ramirez did record their conversation, and that
Socorro Ramirez did intent to record the conversation because she was anticipating that Garcia
will vex, insult, or humiliate her.
According to Section 26 of Rule 130 of the Rules of Court on admission of a party, the
act, declaration or omission of a party as to a relevant fact may be given in evidence against him.
The action of Garcia in filing the case against Ramirez shows that there really was a recording
done by Ramirez. Filing that civil case for damages was an implied admission that something did
happen between the two of them. Ramirez can file again a case for damages and use as part of
her evidence the civil case between them and Ester Garcia.