Facts:

Private respondent Rafael Ortanez filed a complaint for annulment of marriage with damages
against petitioner Teresita Salcedo-Ortanez, on grounds of lack of marriage license and/or
psychological incapacity of the petitioner.

Among the exhibits offered by private respondent were three (3) cassette tapes of alleged
telephone conversations between petitioner and unidentified persons.

Teresita submitted her Objection/Comment to Rafael’s oral offer of evidence. However, the trial
court admitted all of private respondent’s offered evidence and later on denied her motion for
reconsideration, prompting petitioner to file a petition for certiorari with the CA to assail the
admission in evidence of the aforementioned cassette tapes.
These tape recordings were made and obtained when private respondent allowed his friends from
the military to wire tap his home telephone.

CA denied the petition because (1) Tape recordings are not inadmissible per se. They and any
other variant thereof can be admitted in evidence for certain purposes, depending on how they
are presented and offered and on how the trial judge utilizes them in the interest of truth and
fairness and the even handed administration of justice; and
 

Issue:
W/N the recordings of the telephone conversations are admissible in evidence

Held:
1. No. Rep. Act No. 4200 entitled “An Act to Prohibit and Penalize Wire Tapping and Other
Related Violations of the Privacy of Communication, and for other purposes” expressly makes
such tape recordings inadmissible in evidence thus:
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 other device or
arrangement, to secretly overhear, intercept, or record such communication or spoken word by
using a device commonly known as a dictaphone or dictagraph or detectaphone or walkie-talkie
or tape-recorder, or however otherwise described. . . .

Sec. 4. Any communication or spoken word, or the existence, contents, substance, purport, or
meaning of the same or any part thereof, or any information therein contained, obtained or
secured by any person in violation of the preceding sections of this Act shall not be admissible in
evidence in any judicial, quasi-judicial, legislative or administrative hearing or investigation.

Absent a clear showing that both parties to the telephone conversations allowed the recording of
the same, the inadmissibility of the subject tapes is mandatory under Rep. Act No. 4200.