FELIPE NAVARRO, petitioner, vs.

THE COURT OF APPEALS and the PEOPLE OF THE

PHILIPPINES, respondents.

FACTS:
Two local media men, Stanley Jalbuena, Enrique Lingan, in Lucena City went to the
police station to report alledged indecent show in one of the night establishment shows
in the City. At the station, a heated confrontation followed between victim Lingan and
accused policeman Navarro who was then having drinks outside the headquarters, lead
to a fisticuffs. The victim was hit with the handle of the accused's gun below the left
eyebrow, followed by a fist blow, resulted the victim to fell and died under treatment. The
exchange of words was recorded on tape, specifically the frantic exclamations made by
Navarro after the altercation that it was the victim who provoked the fight. During the trial,
Jalbuena, the other media man , testified. Presented in evidence to confirm his testimony
was a voice recording he had made of the heated discussion at the police station between
the accused police officer Navarro and the deceased, Lingan, which was taken without
the knowledge of the two.

ISSUES:
1. Whether or not the voice recording is admissible in evidence in view of RA 4200,
which prohibits wire tapping.

2. Whether the mitigating circumstances of sufficient provocation or threat on the part

of the offended party and lack of intention to commit so grave a wrong may be appreciated
in favor of the accused.

HELD:
1. The answer is affirmative, the tape is admissible in view of RA 4200, which
prohibits wire tapping. Jalbuena's testimony is confirmed by the voice recording he had
made.

The law prohibits the overhearing, intercepting, or recording of private

communications (Ramirez v Court of Appeals, 248 SCRA 590 [1995]). Since the
exchange between petitioner Navarro and Lingan was not private, its tape recording is
not prohibited.

2. The remarks of Lingan, which immediately preceded the acts of the accused,
constituted sufficient provocation. Provocation is said to be any unjust or improper
conduct of the offended party capable of exciting, annoying or irritating someone. The
provocation must be sufficient and must immediately precede the act; and in order to be
sufficient, it must be adequate to excite a person to commit the wrong, which must be
accordingly proportionate in gravity. The mitigating circumstance of lack of intention to
commit so grave a wrong must also be considered. The exclamations made by Navarro
after the scuffle that it was Lingan who provoked him showed that he had no intent to kill
the latter.