Case Digest (G.R. No. 185390)
Facts:
Cirse Francisco "Choy" Torralba v. People of the Philippines, G.R. No. 153699, August 22, 2005, Supreme Court Second Division, Chico‑Nazario, J., writing for the Court.Petitioner Cirse Francisco "Choy" Torralba was a radio program host of "Tug-Ani ang Lungsod" on DYFX in Cebu City. An information for libel dated September 8, 1994 (filed September 12, 1994), charged him with having, on April 11, 1994, broadcast statements imputing that the late CFI Judge Agapito Y. Hontanosas and relatives were wartime collaborators and traitors; private complainant was Atty. Manuel L. Hontanosas, one of the judge’s children.
Petitioner pleaded not guilty at arraignment (March 12, 1996). He moved for consolidation of four libel cases on May 14, 1998; the Regional Trial Court (RTC), Branch 1, Tagbilaran City, granted consolidation on May 25, 1998. At trial the prosecution introduced three tape recordings as Exhibits B (19 Jan 1994), C (25 Jan 1994), and D (11 Apr 1994). Witness Segundo Lim (TMSI incorporator/manager) produced the tapes but admitted he did not operate the recorder; his adopted daughter, Shirly Lim, actually made the recordings. Lim testified he was near the radio when the recordings were made. Private complainant Atty. Hontanosas likewise testified but conceded he had not personally heard the April 11 broadcast and relied on Lim’s tapes.
On August 24, 2000 the RTC (Branch 3, Tagbilaran City) issued an omnibus decision acquitting petitioner in three consolidated cases but convicting him in Criminal Case No. 9107 (the April 11 broadcast), sentencing him to four months arresto mayor to three years prision correccional and awarding P1,000,000 moral damages. The Court of Appeals in CA‑G.R. CR No. 24818 affirmed with modification on May 22, 2002, reducing the upper prision correccional term slightly and lowering moral damages to P100,000. Petitioner filed a petition for review on certiorari with the Supreme Court contesting, among others, the admission/authentication of Exhibit D, reliance on Lim’...(Subscriber-Only)
Issues:
- Did the Court of Appeals err in affirming petitioner’s conviction based largely on the testimony of Segundo Lim?
- Was the 11 April 1994 tape recording (Exhibit "D") admissible without direct authentication by the person who made the recording?
- If the utterances on the tape were made by petitioner, were they privileged under the doctrine relied upon by petitioner (as in Borjal v. CA)?
- Was the award of moral damages proper absent a...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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