Friday, October 31, 2014

ADMISSIBILITY OF TAPE RECORDING:

     Before a tape recording is admissible in evidence and given probative value, the following requisites must first be established, to wit: (1) a showing that the recording device was capable of taking testimony; (2)  a showing that the operator of the device was competent; (3) establishment of the authenticity and correctness of the recording; (4) a showing that changes, additions, or deletions have not been made; (5) a showing of the manner of the preservation of the recording; (6) identification of the speakers; an (7)  a showing that the testimony elicited was voluntarily made without any kind of inducement.  In one case, it was held that the testimony of the operator of the recording device as regards its operation, his method of operating it, the accuracy of the recordings, and the identities of the persons speaking laid a sufficient foundation for the admission of the recordings. Likewise, a witness' declaration that the sound recording represents a true portrayal of the voices contained therein satisfies the requirement of authentication. The party seeking the introduction in evidence of a tape recording bears the burden of going forth with sufficient evidence to show that the recording is an accurate reproduction of the conversation recorded. These requisites were laid down precisely to address the criticism of susceptibility to tampering of tape recordings. Thus, it was held that the establishment of a proper foundation for the admission of a recording provided adequate assurance that proper safeguards were observed for the preservation of the recording and for its protection against tampering. (Torralba vs. People [2005]). 

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