Legitimate mode

RA 4200, or the Anti-Wire Tapping Act, prohibits the secret overhearing, intercepting or recording of private communications or spoken word by means of tapping any wire or cable or of using any other device or arrangement like Dictaphone, Dictagraph or detectaphone or walkie-talkie or tape recorder. This is the law involved in this case.

The case happened in a gay bar at a southern Luzon city when two reporters of a radio station in said city, Jethro and Bernard, together with Bernard’s relative, went to said bar following reports that it was showing nude gay dancers. After the three had seated themselves at a table and ordered beer, a scantily clad gay dancer appeared on stage and began to perform a strip act. As he removed his clothes, Jethro brought out his camera and took pictures.

At that point, Paul the floor manager with security guard Waldo approached Jethro and demanded to know why he took a picture. Jethro replied that it was his job. So Waldo pushed Jethro toward the table as he warned the latter that he would kill him. When Jethro saw that Waldo was about to pull out his gun, he ran out of the joint followed by his companions.

The three then went to the police station to report the matter. Upon arrival, they saw three policemen, including SP02 Roman Manalili drinking beer in front of the station, and they asked Jethro and his companions to join them. Jethro declined and went to the desk officer, Sgt. Villaluz to report the incident.

In a while, Paul and Waldo arrived on a motorcycle and were met by SP02 Manalili who talked with them in a corner for around 15 minutes. Afterwards Manalili pushed Jethro to the wall, pulled out his firearm, cocked it and pressed it on Jethro’s face while at the same time uttering foul and threatening words.

This prompted Bernard to intervene and tried to appease Manalili telling him that they went there to blotter the incident at the bar. But Manalili ignored him and told Sgt. Villaluz to make or record the unruly behavior of Jethro and Bernard. This angered Bernard and the two had a heated exchange. As Bernard was about to turn away, Roman hit him with the handle of his pistol above the left eyebrow causing Bernard to fall on the floor, blood flowing down his face. He tried to get up, but Roman gave him a fist blow on the forehead and banged his head on the concrete pavement. Then he turned to Jethro and asked him to sign the blotter wherein it was made to appear that Bernard started the fight.

Captain Labrador, the station commander called Manalili to his office, while a policeman took Bernard to the hospital where he died from the injuries in the presence of the radio station manager Manny Manambit who went there.

Unknown to Manalili, Jethro was able to record on tape the heated exchange between him and Bernard. So Manalili was charged in court for the crime of homicide. He claimed however that it was Bernard who tried to  hit him twice but he was able to duck both times and that Bernard was so drunk he fell on the floor twice each time hitting his head on the concrete.

But the trial court and subsequently, the Court of Appeals, found Roman guilty of homicide and sentenced him to imprisonment of 10 years to 14 years, eight months and one day. The courts relied more on the prosecution evidence particularly the detailed account of Jethro than on Manalili’s defense because of the post mortem report and the tape recording which confirm Jethro’s detailed testimony on how Bernard sustained the head injuries.

Manalili still questioned the decision and contended that Jethro was a biased witness as he had a grudge against him and that the tape recording was inadmissible as it violates the Anti-Wire Tapping Act.

But the Supreme Court (SC) still ruled that he is guilty. The SC said that the testimony of a witness who has an interest in the case is not enough reason to show that his testimony is unreliable.  Trial courts which have the opportunity to observe the facial expressions, gestures, and tones of voice of a witness testifying are competent to determine whether his/her testimony should be given credence. In this case SPO2 Manalili has not shown that the Trial Court erred in giving weight to the testimony of Jethro especially because the voice recording supported his detailed testimony. The post mortem findings of the medico-legal officer who autopsied Bernard showed that the cause his death was cerebral concussion and shock which coincide with Jethro’s account of what really happened.

The voice recording personally made by Jethro which he authenticated and played during the trial also disproves Manalili’s version and confirms that he was really the one who inflicted the fatal blows on Bernard. This recording is admissible as evidence because the Anti Wire Tapping Act prohibits only the recording of private communications. In this case the heated exchange between Manalili and Bernard occurred in a police station which is a public place and thus it is not a private communication.

But considering that Manalili did not intend to commit so grave a wrong as that committed and there was sufficient provocation from Bernard, his penalty imposed should be reduced to eight years minimum up to 14 years and eight months maximum with death indemnity of P50,000.(Navarro vs. Court of Appeals and People, G.R. 121087, August 26, 1999)

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