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PROF.PASION (PHILIPPINES)
08-29-2007, 07:46 AM
Hide behind gag orders, risk contempt raps, warns
Lacson



08/28/2007

By Angie M. Rosales


Malacaņang will be courting trouble if it will display
once again defiance over summons or invitations that
the Senate will issue, should planned reopening of
inquiry into the so-called "Hello Garci" tapes push
through.

Opposition Sen. Panfilo Lacson yesterday gave the
Palace a stern warning amid continuing reports that
the executive will insist on invoking its so-called
gag orders or Executive Order (EO) 464 and Memorandum
Circular 108, preventing concerned Cabinet and other
ranking officials from submitting themselves to the
chamber's jurisdiction.

"I think Malacaņang officials will be courting
contempt citations if they will insist on invoking
(EO) 464.it has been declared unconsti-tutional (by
the Supreme Court)," he told reporters during a press
conference.

Lacson's stance seems to be stemming from the
anticipated eventual holding of public hearings on the
Garci tapes, as triggered by the retraction recently
of former Intelligence Service of the Armed Forces of
the Philippines (Isafp) agent T/Sgt. Vidal Doble Jr.,
who has attested to the veracity of the alleged
wiretapped con-versations of officials sup-posedly
engaged in cheating operations during the May 2004
presidential elections, noting the snowballing support
for his bid to reopen the inquiry in the Senate.



He told reporters that even some of those who are
openly blocking his proposed probe, appeared to be now
resigned to the fact that the called investigation
cannot be stopped from happening.

Lacson cited Sen. Juan Ponce Enrile as supposedly now
among them in the opposition agreeing to the conduct
of the probe, although he said the administration
senator is reported to be eyeing imposing some
conditions.

Although a decision whether to proceed with the
proposed probe is still subject to a decision that
will be made today following an all-senators' caucus
in the morning, Lacson remains positive it will push
through despite the apparent roadblocks by allies of
Malacaņang.

"You've heard the statements of most of my colleagues,
I think, we think, we will proceed with the
investigation...although this will all depend on
majority of the members.

"I heard their (majority members) declaration, they
will go along with the minority and it seems Enrile
will vote (favorably) as well. I heard him say 'let's
go and proceed provided..." so he gave some
conditions. So it looks like there will be some
administration senators who will vote favorably," he
said.

Lacson, however, appeared to have softened on his
stance insisting on the matter to be handled by the
Committee of the Whole as he now welcomes the idea of
the issue being referred to another panel.

"It doesn't matter for so long as there's closure to
the Garci issue, to the wiretapping activities of the
AFP, it doesn't matter," he said.

"But if the issue of playing of the tape is a
violation of the laws, I will challenge them to file
charges against Press Secretary (Ignacio) Bunye. He
was the first who triggered all this fiasco," the
opposition lawmaker stressed.

Lacson said all members of the joint committee in the
House of Representatives who conducted the
investigation should also be charged.

He added if the reopening of the probe will be
permitted by majority of senators, a hearing will be
immediately scheduled and possibly take place sometime
this week.

But the Palace also yesterday remained unfazed by the
impending revival of the reinvestigation on the
controversial wiretapped tapes.

Chief presidential legal counsel Sergio Apostol,
during an interview over cable news network ANC, said
Mrs. Arroyo "will not go down to the level of Doble."

"For our President to file a case is tantamount to
admitting. Also she would be opening herself to
unnecessary examinations," he added.

According to the Palace official, they expect any
revelation by Doble before the Senate to be a dud,
citing the lack of credibility of the retired military
officer.

"This is not new....any testimony coming from him
would not make a difference. We're ready, this is just
a recycled thing, there is nothing new," Apostol said.


He added they are leaving to the Supreme Court whether
the Senate could override the EO 464 or MC 108.

Apostol said that if the probe pushes through, they
would enforce the President's prerogative.

"If the President says no, it becomes their problem.It
is within the right of the President to grant or
refuse officials to testify before the House or the
Senate," he added.

Press Secretary Ignacio Bunye, for his part, said the
average Filipino wanted to leave behind the issue of
Hello Garci and would not want to return to the years
when there was divisiveness.

"Do we want to move forward or do we allow ourselves
to go back to the fractious days of 2005 and 2006? Our
gut feel is that the average Filipino wants progress,
not politicking. The average Filipino wants to move on
and allow the President to focus on the real problems
of the nation," he added.

Meanwhile, Minority Leader Aquilino Pimentel Jr. also
yesterday warned officials of the National
Telecommunications Commission (NTC) against
prematurely clearing telecommunications companies of
allegations they or some of their personnel had
connived with the military in illegal wiretapping
activities during the 2004 presidential elections.

Pimentel was reacting to the published statement of
NTC commissioners that the service providers for
telephone users (both landline and mobile) have no
capability for eavesdropping phone conversations.

The statement was issued by the NTC commissioners
after conducting on-site inspection of the facilities
of major telecommunication firms based in Metro Manila
last week.

Pimentel noted that the observation of the NTC
officials contradicted the claim of Doble that the
Isafp), where he served as an officer, was assisted by
some personnel of a major leading service provider in
wiretapping the phone conversations of former
Elections Commissioner Virgilio Garcillano and other
personalities during the 2004 election period.

"Prudence dictates that the NTC officials should
refrain from issuing any statement on the matter that
may preempt the investigation to be conducted by the
Senate into the 'Hello Garci' scandal," he stressed.

Pimentel asked what was the basis of the statement of
NTC officials that the service providers are not
capable of engaging in wiretapping activities.

"They should not play deaf and dumb. If they do not
know what is going on, they deserve to be replaced
because that means they are not capable of stopping
illegal wiretapping activities," he said.

Pimentel said NTC officials will be invited to the
planned Senate hearing on the Hello Garci scandal to
explain what is the role of the agency in regulating
wiretapping activities that are requested by
intelligence agencies of the government and approved
by the courts.

A retired military general also warned Malacaņang
against invoking EO 464 or MC 108, since it could lead
to further destabilization within the AFP.

Retired Maj. Gen. Fortunato Abat, during a phone
interview, said based on the information he received,
there are now "divisiveness within" the AFP, because
their Commander-in-Chief refuses to heed transparency
call from the public, particularly on the Hello Garci
scandal.

"The AFP is supposedly a non-partisan government
institution, but based on the information I received,
it is now divided. Our men in uniform were demoralized
because the President refuses to heed transparency
call of our people," he added.

Abat, however, said destabilization in the AFP could
be watered down if Mrs. Arroyo would cooperate with
the Senate.