Soccoro D. Ramirez Vs. Court of Appeals and Ester S. Garcia

Soccoro D. Ramirez, Petitioner

Vs.

Honorable Court of Appeals and Ester S. Garcia, Respondents


G.R. No. 93833, September 28, 1995


Facts:

The Petitioner Soccoro Ramirez, filed a civil case for damages in the Regional Trial Court of Quezon City against Private respondent Ester Garcia who, in a confrontation in the latter's office allegedly vexed, insulted, and humiliated her in a "Hostile and Futile" mood and in a manner offensive to her dignity and personality contrary to morals, good customs and public policy.

Petitioner produced a verbatim transcript of their argument and sought moral damages, attorney's fee and other expenses of litigation, all amounting to Php 610,000.00 exclusive of the costs, interests and other reliefs awardable by the court. Thus, Ester Garcia, Private respondent filed a criminal case before RTC - Pasay City for a violation of Republic Act 4200 "An act to prohibit and penalize wiretapping and other related violations of private communication and other purposes."

Petitioner then filed a motion to Quash the information since the facts charged do not constitute an offense punishable by RA 4200. The trial court granted the motion to quash agreeing with petitioner that (1) the facts charged do not constitute an offense under RA 4200 and (2) the violation punished by RA 4200 refers to taping of a communication by a person other than a participant to the communication.

Private respondent appealed to the Court of Appeals, which declared the RTC's decision null and void and holding that the allegations are punishable by RA 4200.

Issue:

Whether or Not RA 4200 applies to a taping of a private conversation by one of the parties to a conversation.

Held:

Positive. Legislative intent is determined principally from the language of the statute. When the language of a statute is clear and unambiguous, the law is applied according to its express terms.

Section 1 of RA 4200 states that it shall be unlawful for any person, not be 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. The aforesaid provision clearly makes it illegal for any person not authorized by the parties to record secretly by means of recorder. The law makes no distinction as to who are the parties which can be a party other than those involved in the private communication. The statute's intent is to penalize all persons unauthorized to make such recording is underscored by the use of qualifier "any".

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