Respondent Rafael S.

Ortanez filed a complaint for annulment of marriage against petitioner Teresita

Salcedo-Ortanez, on grounds of lack of marriage license and/or psychological incapacity of the
Teresita. Rafael exhibited three (3) cassette tapes of alleged telephone conversations between
Teresita and unidentified persons. These tape recordings were made and obtained when Rafael
allowed his friends from the military to wire tap his home telephone. Teresita opposed the
admissibility of the cassette tapes, but nevertheless, the trial court admitted all of Rafael's offered
evidence.
Should unauthorized tape recordings of telephone conversations be admissible in evidence?
NO. The Anti-Wire Tapping Law expressly makes such tape recordings INADMISSIBLE in evidence.
Absent a clear showing that both parties to the telephone conversations allowed the recording of the
same, the inadmissibility of the subject tapes is mandatory under the Anti-Wire Tapping Law (RA
4200).