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* SECOND DIVISION.
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CHICO-NAZARIO, J.:
1
This is a petition for review on certiorari of the Decision
promulgated on 22 May 2002 of the Court of Appeals in
CA-G.R. CR No. 2
24818 which affirmed, with modification,
the trial courtÊs decision finding petitioner Cirse Francisco
„Choy‰ Torralba guilty of the crime of libel in Criminal
Case No. 9107.
Culled from the records are the following facts:
Petitioner Torralba was the host of a radio program
called „Tug-Ani ang Lungsod‰ which was aired over the
radio station DYFX in Cebu City. On 12 September 1994,
an information for libel was filed before the Regional Trial
Court (RTC) of Tagbilaran City against petitioner Torralba.
The information states:
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APPROVED:
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3 Private complainant.
4 Records, pp. 1-2.
5 Records, p. 31.
6 Records, pp. 74-74-a.
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7 Records, p. 77.
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12
It was revealed during LimÊs cross-examination that
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petitioner
13
Torralba previously instituted a criminal action
for libel against the former arising from an article
published in the Sunday Post, a newspaper of general
circulation in the provinces of Cebu and Bohol. In said14case,
Lim was found guilty as charged by the trial court and
this decision was subsequently affirmed, with modification,
by the Court of Appeals in its decision promulgated on 29
July 1996 in CA-G.R. CR No. 16413 entitled, „People 15
of the
Philippines v. Segundo Lim and Boy Guingguing.‰ In our
resolution of 04 December 16
1996, we denied LimÊs petition
for review on certio-rari.
For his part, private complainant Atty. Hontanosas
testified that he was at that time the chairman and
manager of TMSI; that on 20 January 1994, Lim presented
to him a tape recording of petitioner TorralbaÊs radio
program aired on 18 January 1994 during which petitioner
Torralba allegedly criticized him and stated that he was a
person who could not be trusted; that in his radio show on
25 January 1994, petitioner Torralba mentioned that „he
was now [wary] to interview any one because he had a sad
experience with someone who betrayed him and this
ÂsomeoneÊ was like his father who was a collaborator‰; that
on 12 April 1994, Lim brought to his office a tape recording
of petitioner TorralbaÊs radio program of 11 April 1994
during which petitioner Torralba averred that the
Hontanosas were traitors to the land of their birth; that
Judge Agapito Hontanosas and Castor Hontanosas were
collaborators during the Japanese occupation; and that
after
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II
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III
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IV
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its comment.
Petitioner Torralba vigorously argues that the court a
quo should not have given considerable weight on the tape
recording in question as it was not duly authenticated by
LimÊs adopted daughter, Shirly Lim. Without said
authentication, petitioner Torralba continues, the tape
recording is incompetent and inadmissible evidence. We
agree.
It is generally held that sound 24
recording is not
inadmissible because of its form where a proper
foundation has25
been laid to guarantee the genuineness of
the recording. In our jurisdiction, it is a rudimentary rule
of evidence that before a tape recording is admissible in
evidence and given probative
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26
without any kind of inducement.
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26 Ibid., citing 20 Am. Jur. 1961 Supplement 43; People v. Orpilla, CA-
G.R. No. L-06591, 22 July 1971; XXXVI L.J. 284.
27 58 ALR2d §4, citing Monroe v. United States, 98 App DC 228, 234
F2d 49.
28 Ibid., citing Commonwealth v. Roller, 100 Pa Super 125.
29 29A Am Jur 2d §1233.
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ATTY. HONTANOSAS:
q Was this radio program of the accused recorded on
April 11, 1994?
a Yes, sir.
q Who recorded the same radio program of April 11,
1994?
a It was my adopted daughter whom I ordered to 32
tape
re corded the radio program of Choy Torralba.
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