socorro ramirez vs

Upload: kim-balot

Post on 02-Apr-2018

214 views

Category:

Documents


0 download

TRANSCRIPT

  • 7/27/2019 Socorro Ramirez Vs

    1/2

    Socorro Ramirez vs. CA and Garcia [G.R. No. 93833. September 28, 1995]

    Ponente: KAPUNAN, J.

    FACTS:

    Petitioner made a secret recording of the conversation that was part of a civil casefiled in the Regional Trial Court of Quezon City alleging that the private

    respondent, Ester S. Garcia, vexed, insulted and humiliated her in a hostile andfurious mood and in a manner offensive to petitioners dignity and personality,

    contrary to morals, good customs and public policy.. Private respondent filed acriminal case before the Regional Trial Court of Pasay City for violation of

    Republic Act 4200, entitled An Act to prohibit and penalize wire tapping and

    other related violations of private communication, and other purposes. Petitioner

    filed a Motion to Quash the Information. The trial court granted the said motion.The private respondent filed a Petition for Review on Certiorari with the Supreme

    Court, which referred the case to the Court of Appeals in a Resolution. RespondentCourt of Appeals promulgated its decision declaring the trial courts order as null

    and void, after subsequently denied the motion for reconsideration by the

    petitioner.

    I SSUE:Whether or not the applicable provision of Republic Act 4200 does not apply to the

    taping of a private conversation by one of the parties to the conversation.

    HELD:

    NO. Petition denied. Costs against petitioner.

    RATIO:Legislative intent is determined principally from the language of the statute.The unambiguity of the express words of the provision, taken together with the

    above-quoted deliberations from the Congressional Record, therefore plainlysupports the view held by the respondent court that the provision seeks to penalize

    even those privy to the private communications. Where the law makes nodistinctions, one does not distinguish.

    [P]etitioners contention that the phrase private communication in Section 1 ofR.A. 4200 does not include private conversations narrows the ordinary meaningof the word communication to a point of absurdity.

  • 7/27/2019 Socorro Ramirez Vs

    2/2