Navarro vs. Court of Appeals, 313 SCRA 153 (1999)

FACTS:
        Two local media men, Stanley Jalbuena, Enrique Lingan, in Lucena City wnet 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 Cpourt of Appeals, 248 SCRA 590 [1995]). Snce 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.