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    Involved in The Communication

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    Emman Cena
    Ramirez recorded a confrontation she had with Garcia without Garcia's knowledge. Ramirez then used the recording in a civil case against Garcia. In response, Garcia filed a criminal case against Ramirez for violating the Anti-Wiretapping Act (RA 4200). The Supreme Court ruled that even though Ramirez was a party to the conversation, recording it without Garcia's consent violated the statute. The Court affirmed that RA 4200 prohibits any unauthorized recording of private communications, regardless of who makes the recording.

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    Involved in The Communication

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    Emman Cena
    35 views2 pages
    Ramirez recorded a confrontation she had with Garcia without Garcia's knowledge. Ramirez then used the recording in a civil case against Garcia. In response, Garcia filed a criminal case against Ramirez for violating the Anti-Wiretapping Act (RA 4200). The Supreme Court ruled that even though Ramirez was a party to the conversation, recording it without Garcia's consent violated the statute. The Court affirmed that RA 4200 prohibits any unauthorized recording of private communications, regardless of who makes the recording.

    Original Title

    1-RAMIREZ-V.-CA

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    Ramirez recorded a confrontation she had with Garcia without Garcia's knowledge. Ramirez then used the recording in a civil case against Garcia. In response, Garcia filed a criminal case against Ramirez for violating the Anti-Wiretapping Act (RA 4200). The Supreme Court ruled that even though Ramirez was a party to the conversation, recording it without Garcia's consent violated the statute. The Court affirmed that RA 4200 prohibits any unauthorized recording of private communications, regardless of who makes the recording.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    35 views2 pages

    Involved in The Communication

    Uploaded by

    Emman Cena
    Ramirez recorded a confrontation she had with Garcia without Garcia's knowledge. Ramirez then used the recording in a civil case against Garcia. In response, Garcia filed a criminal case against Ramirez for violating the Anti-Wiretapping Act (RA 4200). The Supreme Court ruled that even though Ramirez was a party to the conversation, recording it without Garcia's consent violated the statute. The Court affirmed that RA 4200 prohibits any unauthorized recording of private communications, regardless of who makes the recording.

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    of 2

    RAMIREZ v CA

    September 28, 1995 | KAPUNAN, J. | Petition for Certiorari | Statutory Rules of Exclusion

    PETITIONER: Socorro D. Ramirez


    RESPONDENT: Court of Appeals and Ester Garcia

    SUMMARY: Ramirez and Garcia had a disagreement which Ramirez made a recording and a transcript of. Upon
    filing a civil case against Garcia, she presented the transcript. Garcia, upon finding that a recording has been made,
    filed a criminal case against Ramirez. Ramirez sought the quash the information through a motion intially granted
    by the RTC but was annulled by the CA. Ramirez filed the petition to question the decision of the CA. SC agreed
    with the CA and held that recording the confrontation constituted a violation of RA 4200, despite Ramirez being
    party to the conversation.

    DOCTRINE: Even a person privy to a communication who records his private conversation with another without the
    knowledge of the latter qualifies as a violation of RA 4200.

    FACTS: statute ought to be a party other than or


    1. A civil case for damages was filed by Ramirez in QC different from those involved in the private
    RTC against Garcia, who allegedly vexed, insulted and communication. The statute's intent to penalize all
    humiliated her in a “hostile and furious mood” and in a
    persons, unauthorized to make such recording is
    manner offensive to her dignity and personality during
    underscored by the use of the qualifier "any".
    a confrontation in Garcia’s office.
    2. Ramirez presented a verbatim transcript of the
    event based on a tape recording Ramirez did of the
    confrontation.
    3. Because of Ramirez’ recording, Garcia filed a CA was correct in concluding that "even a (person)
    criminal case before Pasay RTC for violation of RA privy to a communication who records his private
    4200 (Anti- Wiretapping Act). conversation with another without the
    4. Upon arraignment, in lieu of a plea, Ramirez filed a knowledge of the latter (will) qualify as a
    MTQ Information on the ground that the facts charged violator.”
    do not constitute an offense. RTC granted the motion
    holding that:
    a) facts charged do not constitute an offense
    under RA 4200 2. The nature of the conversations is also immaterial
    b) violation punished by RA 4200 refers to the
    to a violation of the statute. The substance of the
    taping of a communication by a person other
    than a participant to the communication same need not be specifically alleged in the
    5. Garcia filed a Petition for Review with the SC, was information. What R.A. 4200 penalizes are the acts of
    referred to the CA. CA then promulgated its decision secretly overhearing, intercepting or recording private
    declaring the TC’s decision null and void and quashal of communications by means of the devices enumerated
    the information was done in grave abuse of discretion. therein. The mere allegation that an individual made a
    6. Ramirez filed an MR and was denied. Hence, the
    secret recording of a private communication by means
    petition. Ramirez claims that RA 4200 does not apply
    of a tape recorder would suffice to constitute an
    to the taping of a private conversation by one of the
    parties to the conversation. She contends that the offense under Section 1 of R.A. 4200.
    provision merely refers to the unauthorized taping of a
    provate conversation by a party other than those
    involved in the communication.
    3. Ramirez’ contention that the phrase "private
    ISSUE/S: communication" in Section 1 of R.A. 4200 does not
    1. WON Ramirez’ recording violated RA 4200 – YES include

    RULING: CA decision AFFIRMED. "private conversations" narrows the ordinary meaning


    of the word "communication" to a point of absurdity.
    RATIO:
    The word communicate comes from the latin word
    1. Section 1 of RA 4200 clearly and unequivocally
    communicare, meaning "to share or to impart." In its
    makes it illegal for any person, not authorized by all
    ordinary signification, communication connotes the act
    the parties to any private communication to secretly
    of sharing or imparting signification, communication
    record such communication by means of a tape
    connotes the act of sharing or imparting, as in a
    recorder. The law makes no distinction as to
    conversation, or signifies the "process by which
    whether the party sought to be penalized by the
    meanings or thoughts are shared between individuals commonly known as a dictaphone or dictagraph or
    through a common system of symbols (as language dictaphone or walkie-talkie or tape recorder, or
    signs or gestures)". These definitions are broad however otherwise described:
    enough to include verbal or nonverbal, written or
    expressive communications of "meanings or
    thoughts" which are likely to include the
    It shall also be unlawful for any person, be he a
    emotionallycharged exchange, on February 22,
    participant or not in the act or acts penalized in the
    1988, between ramirez and Garcia, in the privacy
    next preceding sentence, to knowingly possess any
    of the latter's office.
    tape record, wire record, disc record, or any other such
    record, or copies thereof, of any communication or
    spoken word secured either before or after the
    “The right to the privacy of communication, effective date of this Act in the manner prohibited by
    among others, has expressly been assured by our this law; or to replay the same for any other person or
    Constitution. Needless to state here, the framers of persons; or to communicate the contents thereof,
    our Constitution must have recognized the nature of either verbally or in writing, or to furnish transcriptions
    conversations between individuals and the significance thereof, whether complete or partial, to any other
    of man's spiritual nature, of his feelings and of his person: Provided, That the use of such record or any
    intellect. They must have known that part of the copies thereof as evidence in any civil, criminal
    pleasures and satisfactions of life are to be found in investigation or trial of offenses mentioned in section 3
    the unaudited, and free exchange of communication hereof, shall not be covered by this prohibition.
    between individuals — free from every unjustifiable
    intrusion by whatever means.”

    Section 4, RA 4200 . Any communication or spoken


    word, or the existence, contents, substance, purport,
    Section 1, RA 4200. It shall be unlawful for any effect, or meaning of the same or any part thereof, or
    person, not being authorized by all the parties to any any information therein contained obtained or secured
    private communication or spoken word, to tap any wire by any person in violation of the preceding sections of
    or cable, or by using any other device or arrangement, this Act shall not be admissible in evidence in any
    to secretly overhear, intercept, or record such judicial, quasi-judicial, legislative or administrative
    communication or spoken word by using a device hearing or investigation.

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