CA wants NBI agent in ‘Hello, Garci’ scandal charged

MANILA, Philippines - The Court of Appeals has ordered the reinstatement of the criminal charges against a former government agent who claimed he was in possession of the master tape containing the alleged conversation between President Gloria Macapagal Arroyo and an elections commissioner. In the 22-page decision, the CA’s Third Division granted the government’s petition seeking to set aside the ruling of Makati Regional Trial Court Branch 139 Judge Benjamin Pozon dismissing the illegal detention charges against former National Bureau of Investigation (NBI) deputy director Samuel Ong. Ong in 2005 claimed to have in his possession a master tape containing the alleged conversation between President Gloria Macapagal Arroyo and former Elections commissioner Virgilio Garcillano shortly after the 2004 elections. The controversy was known as the "Hello, Garci" scandal. Also charged were actor Rez Cortez, and private citizens Angelito Santiago and Wilson Fenix. The case was in connection with the alleged illegal detention of military intelligence agent T/Sgt. Vidal Doble, the supposed source of the master tape. In the said ruling, the CA said that Pozon acted with grave abuse of discretion when it dismissed the charges against the accused instead of limiting himself only to the determination of a probable cause for the issuance of warrants of arrest. The CA gave merit on the government’s position that the determination of probable cause is the function of the prosecutor while the determination of probable cause for the purpose of issuing an arrest warrant is made by the judge. “Verily, the respondent Court’s reasons for dismissing the said case are evidentiary in nature, the resolution of which is best left after a full-blown trial on the merits is obtained. For which reason, it acted with grave abuse of discretion amounting to lack or excess of jurisdiction," the CA said. The CA junked the respondents’ claim that Pozon’s ruling is already final and executory since the 20-day extension given by the court to the government to file an appeal has already been nullified for violating the 60-day reglementary period. Instead, the CA said it adopted a liberal application of the procedural rules as it found merit in the ground raised by the Office of the Solicitor General in seeking an extension of the period to file the appeal. “OSG’s handling of other ‘voluminous’ cases as a ground to seek extension might appear lame to some but, taking judicial notice of the load of cases that the said office, as counsel for the people, oversees, such ground may be considered as plausible. Certainly, different factual circumstances must yield different conclusions," the CA said. - GMANews.TV