Ha?

Lacson argued that the law “refers only to private conversations,” claiming the conversations between two public officials could not be considered private.

                                                                                    - Philippine Star, August 29, 2007

 

 

When I first read the above line — my initial reaction was “Ha? Sigurado sya sa sinasabi nya?”.  And this argument is coming from the person who believes the he is the best candidate to become the next Philippine president.  I do not claim to know the law regarding wire tapping. But I do know that two public officials can have “private conversations” kahit na public officials sila.  May hangganan din naman ang pagiging public figure.  Wala lang – I have no plans of blogging today – pero di ko lang napigilan ng nabasa ko ito. The Hello Garci issue is already a thing of the past. The opposition already had their chance – and they lost. Tama na. Tigilan na. Move on. Asikasuhin nyo yung trabaho nyo.  Pass new laws…. or whatevet it is that you do. I am not pro-administration nor an opposition. I am just a common Filipino who believes that there is something more important than politics. 

 

Para sa interesado…. I copied the full article below…. 

 

5 senators block reopening of ‘Hello, Garci’ probe
By Aurea Calica And Christina Mendez

Philippine Daily Inquirer
Wednesday, August 29, 2007

Senators failed yesterday to decide whether to proceed with the inquiry of the “Hello, Garci” wiretap controversy after a deadlock on the issue of using the recorded conversations in the investigation.

The senators were locked in debate over whether to move on with the investigation following questions raised by Sen. Miriam Defensor-Santiago on the propriety of using the contents of wiretapped conversations, which is illegal under the law.

Senators Joker Arroyo, Richard Gordon and Edgardo Angara also raised the possibility of bringing to the Supreme Court the issue of violation of the Anti-Wiretapping Law or Republic Act 4200.

Only one issue was settled: the investigation must be made by the Senate committee of the whole.

The four senators questioned the legality of using the wiretapped conversations in the investigation, pointing out that it is not allowed under the law and the Constitution.

After Sen. Panfilo Lacson presented the videotape of former military intelligence agent Vidal Doble confirming that he tapped the “Hello, Garci” conversation, Gordon raised the legality of using the contents of the recorded conversation as the focus of the Senate investigation.

This prompted the Senate committee on rules led by Sen. Francis Pangilinan to refer the matter before the whole body to constitute a committee of the peers.

In a privileged speech, Santiago said she is not against investigating the issue of wiretapping.

If the Senate finally admits the wiretapped tapes as evidence, Santiago said “the Senate would be an unwitting accessory to a crime.”

According to Santiago, the Senate can “pinpoint who is criminally liable” for ordering the wiretapping operations but cannot hear contents of the tapes.

Santiago also stressed the Senate must respect the law and refrain from using the contents of the wiretapped conversations as the focus of its investigation.

Santiago said the Senate has the duty to set an example for the House of Representatives not to utilize the contents of the wiretap conversations.

The House earlier initiated an investigation over the wiretap scandal in which the contents were made the basis of an impeachment complaint against President Arroyo.

“It is the duty of the Senate to educate the House on pressing points of constitutional law,” she said.

Angara, for his part, described the Hello Garci inquiry as a “re-hashed” issue.

He said the Senate is apparently stuck in a “time-warp” where some of his colleagues keep harping on the same issue. 

“Some of us are no longer interested… it should be heard by just one committee,” Angara said.

Sen. Juan Ponce Enrile added the Supreme Court would not agree to the use of the contents of the wiretap recordings as evidence to prosecute any offense.

“It is very clear that it shall be inadmissible in any purpose in any proceedings,” Enrile said.

He said the Senate can investigate the wiretapping “without having to receive any portion or the whole of the tape because the public already knows about the (alleged) wiretapped conversations.”

“If your point is only to investigate the wiretapping… We will find out who ordered the wiretapping, where did they do it? Who are you? What unit did they belong to?” Enrile said.

Enrile stressed there is no need to play the tapes during the investigation since “any material contained in the tape is prohibited to be revealed.”

“That is an option that is available to test the issue and test the limits of RA 4200. But I think we can conduct the inquiry, hear the oral testimony but not that illegal material,” Enrile said.

Gordon earlier said the Senate is “in effect… trying the President” if the committee of the whole moves to pursue the hearing on the issue.

Gordon raised the possibility of bringing the issue before the Supreme Court.

“The test is to make it right, this might go to the Supreme Court. If we pursue it, then we will be wasting the time of the SC and we will be wasting the time of Congress,” he said.

Gordon said the Senate committee on defense chaired by Sen. Rodolfo Biazon should handle the investigation. 

“As long as the recordings are not used as evidence, we want to investigate the military (personnel) who conducted the wiretap operations,” he said.

“It’s even coming from a polluted source,” said Gordon, apparently referring to Doble.

Gordon shared the view of former senator Francisco Tatad that forcing the issue would result in a constitutional crisis.

He also supported Santiago’s position that the issue may be brought to the Supreme Court if not properly resolved at the Senate.

 Arguing the exceptions

The senators decided to just continue their discussions and hold their caucus today.

If there would be a collective agreement to move on the investigation, Senate President Manuel Villar Jr. said summons and invitations will be sent to resource persons who would testify, including Doble.

Lacson, for his part, said it is not an issue for him if the tapes were played or not as long as the hearings would push through.

Lacson said Doble has expressed willingness to testify and identify other people involved in the wiretapping operation.

He said Doble should be given protection from arrest after admitting to the wiretapping since he is the subject of a legislative inquiry,

According to Lacson, the supposed wiretapped conversations between President Arroyo and former election official Virgilio Garcillano should not be covered by RA 4200.

Lacson argued that the law “refers only to private conversations,” claiming the conversations between two public officials could not be considered private.

Sen. Jamby Madrigal also argued the constitutional right to privacy should always yield to public interest.

She said Congress has the right to inquire on matters of public interest under its power of oversight.

Madrigal even cited a Supreme Court ruling in her argument that the right of privacy or the “right to be let alone” like the right of free expression “is not an absolute right.”

She said that even in the United States, executive privilege was not upheld by the courts following the Watergate scandal that forced US President Richard Nixon to resign.

Arroyo, on the other hand, questioned the propriety of convening the Senate as a committee of the whole over the issue.

“Is Doble that important for the whole Senate to meet?” he asked.

Arroyo said the committee of the whole should not be trivialized for an issue that has been investigated many times before.

“The committee on rules, by another name, is called the steering committee. In fact, it is the most powerful committee of the Senate. Any question on the rules would have to be resolved by the committee on rules because a member of the Senate (Gordon) raised the question on whether we should proceed,” Arroyo said.

Arroyo said he was not blocking the investigation to cover up for those who might be guilty, but he also raised the legality of using the contents of the wiretapped conversation in the investigation.

He warned against “weakening the committees” as this might “weaken the institution itself.”

Arroyo said it was unfortunate that the issue now was being blown out of proportion.

“What is involved here is really the constitutional provision, and when a violation of constitutional provision is involved, there is a dictum, if there is a violation of constitutional rights, the court is ousted,” Arroyo said.

He said the Senate committee on rules should not abdicate its jurisdiction over the issue.

“The (rules) committee is the primary committee here. That is why the chairman of the committee (Pangilinan) is the majority leader, because it’s the premier committee, which settles disputes before we take up anything in the committees,” Arroyo pointed out.

With the objections raised by Arroyo and Enrile being overruled, the senators found themselves locked in almost two hours of deliberations over the issue.

Pangilinan, Aquilino Pimentel Jr., Lacson, Senators Francis Escudero, Alan Peter Cayetano and Manuel Roxas II voted to have the matter discussed by the committee of the whole since the matter had been referred to it.

The privilege speech of Lacson was earlier referred to the committee of the whole after several senators expressed interest in the matter.