Related stories:
Enrile backs wiretap probe but on one condition
Lito Banayo’s column:Pssst Dick
Republic Act 4200 is what is known as the Anti-Wire-tapping law.
It states that “It shall be unlawful for any person, not being authorized by all the parties to any private communication or spoken word, to tap any wire or cable, or by using any other device or arrangement, to secretly overhear, intercept, or record such communication or spoken word by using a device commonly known as dictaphone or dictagraph or detectaphone or walkie-talkie or tape recorder, or however otherwise described.”
This is what administration senators Richard Gordon, Juan Ponce Enrile, Miriam Defensor Santiago and Joker Arroyo are using to block the re-opening of the “Hello Garci” investigation which is about Gloria Arroyo’s crime of thwarting the will of the people n the 2004 elections.
Gloria Arroyo’s allies are saying that the investigation would be illegal since mere possession of the supposed wiretapped conversations violates the Anti-Wiretapping Law.
Prof. Harry L. Roque, Jr. of the University of the Philippines says Arroyo’s Senate protectors are wrong.
Here are his notes:
“In the case Gaanan vs Intermediate Appellate Court, the Supreme Court ruled, ‘the use of a telephone extension for the purpose of overhearing a private conversation without authorization did not violate R.A. 4200 because a telephone extension devise was neither among those “device(s) or arrangement(s)’ enumerated therein, following the principle that ‘penal statutes must be construed strictly.’
“The ‘Hello Garci’ tape is a taped conversation conducted through cellular phones. The wording of the prohibition is relative to tapping ‘any wire or cable’, and cellular technology does away with both wires and cables. Thus R.A. 4200 is inapplicable.
“In Navarro vs Court of Appeals, the Court differentiated between public and private conversations. Thus, it said that a heated exchange between two persons in the presence of a third who recorded secretly the exchange was not private in nature and therefore even if secretly recorded was admissible in evidence.
“A conversation between a President and an Election Commissioner involving the conduct of an election is not a private conversation.”
Roque cited the case in the United States of the New York Times that won, in 1971, the right to publish the stolen Pentagon papers about the Vietnam War on the ground that they involve public concerns.
He further said, “Anent the right to privacy, the court ruled that it must yield to public interest.”
We are glad that Senate President Manny Villar and Senators Alan Peter Cayetano, Francis Escudero, and Jinggoy Estrada are doing their opposition role. They will be voting for the reopening of the Hello Garci investigation when it’s put into a vote tomorrow. They will be joined by Senator Pia Cayetano who said the new investigation could focus on “the fact that the privacy of communication had been violated by the very agents of the state who are supposed to be protecting the people.
With their six votes plus the seven of the minority, they would have the necessary numbers to oppose moves by Malacañang to stop the revival of “Hello Garci.”
Lacson said since TSgt Vidal Doble has revealed that one of those whose calls were monitored was detained Sen. Antonio Trillanes, he would call on the young senator to be a resource person. That would be an opportunity for Trillanes to get out of his detention cell in Fort Bonifacio and appear in the Senate, something that the court has prohibited him from doing (an anomaly!) because of his cases in connection with the 2003 Oakwood mutiny.
In a press statement, Trillanes said, “I welcome Senator Lacson’s expose and his call for another Senate probe on the ‘Hello, Garci?’ scandal. It is to the greater national interest. Also, officers and men of the AFP are very much interested in the involvement of their commander-in-chief and chief of staff in the said cheating, as the scandal had cast the entire AFP organization in a bad light.”
Describing the “Hello, Garci” tapes controversy as the “cause of our continuing national sorrow,” Trillanes scoffed at the exhortation of Gloria Arroyo to leave the unresolved controversy behind and just “move on.”
“We must do everything to ferret out the truth. We must not just move on. We can only move on if GMA moves out (of Malacañang),” he said.
Amen!
“We must do everything to ferret out the truth.” Hindi ba naniwala tayo na “the truth will set us free”? “we must not just move on. We can only move on if GMA moves out (of
Malacanang), “…paano nga naman maka move on if her ass is cemented sa Malacanang? Kailangan sibakin na nga..let’s move on.. “palingkurin si Sen. Trillanes.” Palitan na ang mga lumang trapos..angara, enrile, santiago at isama na siraulo, si oscar pimentel..yong mga mentally disabled na..
Today’s Malaya banner states about Senator Enrile’s breaking off from the administration ranks and agreed to a wiretapping hearing. But there’s one condition: The investigation must not touch on “Hello Garci” tape and its wiretap materials. What kind of condition is that? Why talk about a crime without talking about the criminal, the one who commits the crime? Enrile now uses his legal wit again. He just wants to participate in the investigation with the sole purpose of defending his Madame Arroyo. It’s time Senator Jamby Madrigal also calls for an investigation of Enrile’s illegal logging and other anomalous business.
Amen, Senator Trillanes!
Hayy, Maraming maraming salamat sa magaling na lawyer Harry Roque. Iba talaga ang argumento kapag matalino ang abugado!
Si Enrile naman ay pumayag nga pero may kondisyon naman. Ano ba ireng matanda na ito?! Dapat ay unconditional ang suporta pag dating sa paghanap ng katotohanan! Mukhang natatakot si Enrile sa backlash ng tao.
“The ‘Hello Garci’ tape is a taped conversation conducted through cellular phones. The wording of the prohibition is relative to tapping ‘any wire or cable’, and cellular technology does away with both wires and cables. Thus R.A. 4200 is inapplicable.”
***
Yeah, panalo na!
Wala nga palang cable o wire ang cellular! Galing mo Atty. Harry.
Chi: Mukhang natatakot si Enrile sa backlash ng tao.
*****
Sinabi mo pa, Chi. Kaya I recommend writing to him. Nakikinig naman iyan kung minsan sa totoo lang. Except na lang siguro kung alam niyang mapapahamak siya especially with the threat over his head! Parang damocles sword sa totoo lang. Kaya mahirap talaga ang mga may skeletons in the closet sabi nga.
I doubt about Enrile’s future political plans. He’s too old to run for higher office. The most he could do is to run for re-election as Senator. I think he’s just trying to protect all his business interests, legal or otherwise. I don’t think he has the intention of passing his throne to his son Jackie either. The two are not really that close. The relationship went bad after Enrile was left by his wife many years back. Who shall inherit all of Enrile’s wealth and assets then? Who else but Lucifer!
Hello Garci end game-Patalsikin si Gloria at itapon sa selda ang kanyang mga kasabwat. Checkmate!
Good piece from Lito Banayo, Ellen. Yup, reminded me of the Watergate scandal. I did some translations job then for a Japanese daily and I enjoyed getting first in the news about the said scandal. Some Americans at the office were actually betting on whether or not Nixon would resign. At least, he proved that he still have some self-respect left.
I doubt such happening in the Philippines. Wala ngang magkalakas ng loob na mag-suicide e. May napapatay na pinalalabas na suicide but that is a different story.
Ang dami kasing supot! Yuck!
I wonder if all Japanese men are circumcised. Some make fun of uncircumcised men not knowing that it’s perfectly okay as long as they know and how to keep it clean. Someone once asked me if there were uncircumcised women. Well, Madame Yuck Yuck may be able to answer that question.
From Conrado de Quiros, Inquirer
“At the very least we owe it to the troops fighting in Mindanao in whose name GMA would like us to forget she spoke to Garci. “I have a peace to win,” she says. Well, she will neither win war nor peace without competent field officers and commanders there, men who have been tried and tested on the front lines and whose valor has not been found wanting. The reason they are not there is that they are in jail. They are in jail because they are protesting the fact that their commander-in-chief is not really their commander-in-chief. You know there’s something deeply wrong when your only two living Medal of Valor recipients are in jail for that very reason.
***
Bullseye!
Sorry, off-topic but very important.
Ellen,
Are the Manalo brothers open to talk to media or are they being kept by the Supreme Court? The reason I’m interested is that they said they saw the 2 UP coeds, Sherilyn Cadapan and Karen Empeño, when they were in Camp Tecson and again in a safehouse in Limay, Bataan of the many camps, safehouses that the brothers were transferred to and tortured. It gives brighter hope that the 2 women are alive and can still be saved. Imagine if they are rescued and get them to talk to positively identify their military kidnappers? It would prove the AFP policy of abduction and murder of aboveground leftists.
These brothers are very important witnesses that would possibly lead to the disintegration of the AFP. Esperon, Tolentno, Palparan, and Gloria cannot allow that to happen.
They may also hold the key to Jayjay Burgos!
The Praning na Pandak is getting more paranoid everyday. With the confluence of events happening right this moment, it’s too much for Unano to handle she cannot undo it anymore. Even Lacson’s slipping through the camp security and talk with Col. Querubin and pals for two hours is seen as “recruitment” of destabilizers. “Kung mag-rerecruit ako ng magko-coup d’etat, hindi yung mga nakakulong ang kukunin ko,” sabi ni Lacson. “Praning lang yung nasa Malacañang”, he added.
Nag ‘hello Garci’ din si Enrile, kaya takot lang siya.
Grabe iyan pag napatunayan, TT, na ang mismo AFP, a government agency, ang mismong nagki-kidnap ng mga leftists daw just because they are critical of the criminal squatting at the palace by the murky river. Ako sa non-lawbreaker na leftist na ako kesa naman doon sa mga nakaupong kriminal!!!
Ang pangit ng mga litrato ni unano lately. Bakit hindi ba siya nakakatulog sa gabi sa takot? Sana maglabasan na ang mga multo sa Malacanang para matuluyan na! 😛
Tongue,
Baka nandun din Jayjay! Dapat ay magpadala doon ng tao ang SC para tingnan ang mga kinindap ng usual suspects. Pwede kaya yun?
Martina, buti napaala-ala mo. Nag-hello garci nga rin pala itong si Enrile, mas una pa kay Gloria.
Chi: Nag-hello garci nga rin pala itong si Enrile, mas una pa kay Gloria.
*****
I mentioned that in the other loop, remember? The victim was Senator Pimentel. Siya ang binawasan ng boto na ibinigay kay Enrile. Iyon kayang boto para kay Koko may shade din ba ng Garci? I wonder!
Pero papaano makukulong si Garci at iyong unano kung puedeng takutin iyong mga imbestigador at mga tao sa korte who will try them. Namputsa talaga!
Pimentel’s votes went to Enrile. Barber’s votes went to Biazon. Koko’s votes went to Zubiri. FPJ’s votes went to Gloria. In 2010, Lacson votes may go to Gordon.
“We must not just move on. We can only move on if GMA moves out (of Malacañang)”.
Must we say more to these words uttered by Senator Trillanes. It’s that simple.
should the conversation a “personal”, then i believe and definitely “no doubt” the president would herself lead the investigation of the “hello garci” scandal, but unfotunately the “tongue-ear laughter” conversation between these two “showbiz-alike” personalities “gloria and garci” became “private” that lead to the “miseries” of the filipino people.
now, to the ill-brain senators who doesn’t want to involve themselves to dig and surface the truth, you better shut-up and wait for your “pork barrel”. what you think “unhonorable senators” ?
Roque’s notes on RA 4200 therefore must be right !
the exhortation of the evil president to just leave the “hello garci” controversy in the “outer space” apparently shown her “remorse”.
To senator Ping Lacson, sir please keep on driving your vehicle “straight forward”, no “u-turn”, no “left & right turn” but most importantly “no reverse turn!”. good luck senator !!!
by hook or by crook, we must heave this “evil woman” out from her enchanted kingdom !
AK-47, we’ve been crying to remove this evil woman by hook or by crook for a long time now…but in vain. There seems to be something missing…someone to lead the movement or coup. Both Cory Aquino and Susan Roces, two of those expected to lead are very quiet these days. ‘Hope they’re not playing mahjong together.
goji,
yan ang matagal ko nang inaabangan eh ! bakit hanggang ngayon wala pang kumikilos. mukhang tahimik lahat! baka nga busy sa mahjong sina susan roces at cory aquino.
AK-47:
Susan Roces is not a political figure. She just happened to be married to someone who tried to serve his country by running for office, but failed. A lot of people have been persuading her to take over, but no dice.
Sabi niya, “Sige umpisahan ninyo, tatapusin ko!” So far, wala pa naman nakikitang talagang nag-uumpisa. Iyong mag-uumpisa na talaga hindi pa nakakalabas at ayaw paglingkurin. So, don’t blame her.
Puede pa si Mrs. Aquino because she was a former president. Problema, pati siya inalisan na ng bantay. Pinag-aaralan pa siguro ni Unano kung puede pang ibenta ang kidney niya para siya ipakatay din! Joke only, sana! 😛
Kung anu-ano lang kasi ang nilalagay sa mga laws. Ambiguities creating doubts and dilemmas. Siguro ganun upang dagdag trabaho ng mga attorneys. Why dont they just put there bawal kuha or hawak ng anumang daldal ng iba sa anong paraan at gamit na walang pahintulot.
Gloria Arroyo’s lucky charm is Joseph Estrada.
The prospect of ousting Gloria The Fake and reinstating Erap The Macho or anyone identified with him isn’t savory at all.
ystakei,
umuwi ka kasi sa pinas para “umpisahan mo”, at “tatapusin ko” ! hahhahaa…
“…In 2010, Lacson votes may go to Gordon.”
‘Yan eh kung may eleksyon sa 2010.
ka enchong,
mukhang may naaamoy kana sa malacanang ah! pag walang mangyayari na election sa 2010, dapat nang bombahin ang malacanang na iyan!
May lusot ang Senado para di makasuhan ng possession ng wiretap recordings kung hindi mapapayagan na i-play yung talagang master tape. Suggestion ko sa Senate Committee ay kung may full video yung pag-play sa Lower House ng Hello Garci nuong nagkaroon ng hearing, yung ang ipakita at iparinig sa sa investigation. Sa ganon kung kakasuhan sila, damay ang Lower House. Pati na rin si ‘I have 2 CDs’ Bunye! Hehehe!
Hindi ako ang issue, AK-47. Si Susan Roces at Cora Aquino ang sinasabi mo. Huwag mong iliko. Para ka namang hindi Ilocano!
Ikaw, AK-47, bakit hindi ka manguna? Mamanduhan na lang kita! Tapusin mo ha?
harry roque’s notes could be of help to clarify the intricacies of RA 4200—which is actually an offshoot of a similar law in the US of A.
just in case, he is reading this particular thread he may want to probe further the relationships of the following points in the context of Hello Garci:
1. the ISAFP is no ordinary person. it is the nation’s highest intelligence gathering entity; purposely for the sake of national interest may wiretap any person, which incidentally includes the President (poser or otherwise);
2. since RA 4200 got its initiative, or mainly inspired by the American federal laws; the Watergate scandal that made President Nixon resign could be the focal point in his arguments: the special prosecutor who was assigned to evaluate the culpability of those who were suspected to be involved did in fact, summoned all the evidences, including those that were ‘illegally’ taken, i.e. the watergate tapes, among others, and even the supposedly private conversations of the Nixon in the aftermath.
3. the contention of ‘private’ or privilege communications does not hold water in this particular case either, as Gloria acted as the president of the republic, and committed a suspected felony while in Malacanang, a public domain. thus, in the interest of national security (not of Gloria’s private) the ISAFP acted in good faith, and must therefore yield to Senate’s summons in pursuit of an investigation.
personally, i suspect Joker is well aware of the above but chooses to be coy about it, and decided to join the cabal of liars for the sheer fun of it (talking of second childhood).
… of Nixon, in the aftermath.
sori na po.
Susan Roces might not be a political figure but she could be the rallying point for the Filipinos to remove this evil woman in the Palace. Was Cory a political figure when she ran against Marcos and finally ousting him? Such argument coming from a “know-it-all” person astonished me. AK-47, you hit it right jokingly asking the blog meddler to return home and lead the fight. That’s what I’ve been saying all along…that those who are based abroad are biggest mouth yet are scared even to set foot on the Philippine soil.
Luzviminda:”Suggestion ko sa Senate Committee ay kung may full video yung pag-play sa Lower House ng Hello Garci nuong nagkaroon ng hearing, yung ang ipakita at iparinig sa sa investigation”
Good thinking, ang galing mo! The senators should do their homework and refer to the recorded House proceedings in the event the 4-dog Senate Tag Team uses legal tactics to prevent the playing of the tapes. The transcripts are free to download.
But that is the technical aspect of the inquiry. The moral issue on whether Gloria should be punished for cheating (it’s a given that the tapes proved her guilty already) is one issue that I’m sure will be met with vigorous objections by Pandak’s rabid crew.
The investigations haven’t even begun, but listen how the mongrels in her kernel howl.
TongueT
Marami nang pwedeng ‘kumanta’ na hindi na sakop ng EO 464. Bukod kay Doble, andyan sila Gudani, Guce, at kung matauhan, pwede rin si Garci mismo at iba pang mga sundalo lalo na yung mga naka-witness ng pagdedeliver ng pera ni Pidal. Dugtong-dugtong na yan!
Yup, ano ba ang nangyari kay Gudani, et al. Si Mayor Lim ang naging protector nila noon as a matter of fact.
yuko,
ikaw naman di kana nabiro! kaya nga ako tumawa para hinde mo isiping seryoso ako. smile na dyan pls.
Amoc pay a, AK-47. Iyong mapatay sa Pilipinas ay isang bagay na hindi puedeng idaan sa biro. Golly, kababa ko lang ng eroplano, sabi na agad sa akin ng pinsan ko, “Ate, yakapin mo ang backpack mo at baka malaslas!”
Sinong gaganahang umuwi doon lalo na wala ka naman nang uuwian!
Pag wala na si unano, sure, uwian kaming lahat ng barkada. Iyan ang pangako namin sa isa’t isa. Meanwhile, kani-kaniyang batikos laban sa Donya Dugong-Aso!
yuko,
thanks, sika met. ammom nga angaw ko lang. cge sana balang araw ma meet din kita ng personal. wala ka nga talagang ligtas sa atin, sa NAIA palang sasalubungin kana ng mga hold-uper ! okay ingat.
Tongue T:
Nate-televised ba ang proceedings ng Congress at Senate? Dapat lang para alam ng mga taumbayan ang mga kabulastugang ginagawa ng mga umuupo doon regardless of whether or not binoto nila sila o hindi. Lalong magandang makita ang proceeding ng pag-imbestiga ng HG tapes. Time for these crooks to be exposed by hook or by crook. Hindi na puede ang kalokohan ni unano, asawa niya at mga kasabwat nila!
Ystakei,
Ang alam ko minsan ay tine-televised sa ANC Channel, yung News channel ng ABS-CBN. Try mo dun pag inumpisahan na.
Don’t count on it ladies. Many times Malacanang ordered news blackout and not allowing media coverage on hearings/investigations that were damaging to Arroyo and Malacanang. Like in the case of Estrada, full media coverage by giant TV networks feasted on Estrada’s impeachment hearing.
But when Estrada’s defense hearings were held at Sandiganbayan, no TV media was allowed. That might just happen in this Senate hearing on Garci tape again. If Arroyo’s paid senators are unable to block the investigation, they would force a close-door hearing invoking national security reason. Santiago and Enrile are very good at this.
Luz:
Dito sa amin, meron kaming national television na nagbro-broadcast ng proceedings sa Diet araw-araw pagbukas nila para walang maililihim sa mga taumbayan na “amo” ng mga parliamentarians. Kaya dito walang nakakalusot kapag nabulgar. Sibak talaga! Sa Pilipinas, pakapalan ng mukha at iyong hindi nako-confirm katulad ni SiRaulo Gunggonzales, puedeng umastang mas mataas pa siya doon sa mga taxpayers. Hindi puede iyan dito sa totoo lang.
goji,
Lalabas at lalaabas din anamn kung ano ang nangyayari sa Senate. Basta ang mahalaga ay matuloy ang imbestigasyon. Alam natin na pahihirapan talaga ang mga oposisyon. Kaya nga dapat ang mamamayan ang tutulong para lumabas ang katotohanan. Tulad dito sa Ellenville.
# AK-47 Says:
August 28th, 2007 at 2:59 pm
yuko,
ikaw naman di kana nabiro! kaya nga ako tumawa para hinde mo isiping seryoso ako. smile na dyan pls.
…AK-47, there’s a saying that we can joke with a drunk but not with someone who just wakes up. In the above case, never joke with one who’s still has jet lag. (he, he…joke only of course).
Luz:
Wala akong ABS-CBN sa Tokyo. I don7t subscribe to any Filipino channel. Hanggang Internet lang ako. Subscribe ako sa CNN and BBC.
goji says:
“AK-47, there’s a saying that we can joke with a drunk but not with someone who just wakes up. In the above case, never joke with one who’s still has jet lag. (he, he…joke only of course).”
goji, yan ang inaabangan ko sayo eh! dapat paminsan minsan tumawa at magpatawa ka din! hahahaha…. oh di ba mas masaya? cge umatake lang kayo kay impakta gloria.
Napanood ko sa CNN na may isang Senador sa US, sa Idaho yata na nahuling may milagrong ginagawa sa loob ng Public CR. Pinagre-resign siya ngayon. Sa atin dito sa Pinas, hindi na pinag-uusapan iyan. Ang mga pulitiko natin ay gumagawa ng mga kabalastuganan sa loob mismo ng kanilang mga kuwarto, sa loob ng kotse. May mga bading pang nagpi-pick up ng Call Boys. May tomboy na Congresswomen na nag-aalaga ng mga Kolehiyala sa kanyang condo unit. Malayong-malayo ang mga pulitiko natin kung ikumpara sa mga ibang bansa. Mapintasan lang sila nagre-resign na o nagpapakamatay. Sa atin, bistado na nakatawa pa.