Arroyo allies stall Garci probe over concerns of tape legality

The Senate on Wednesday decided to send back to the committee on rules the privilege speech of Sen. Panfilo Lacson seeking a revival of the controversial "Hello, Garci" tape probe after several senators allied with President Gloria Macapagal Arroyo raised concerns that pushing through with the investigation would violate Republic Act 4200 or the Anti-Wiretapping Act of 1965. Senators Richard Gordon, Juan Ponce Enrile, Miriam Defensor Santiago and Joker Arroyo noted that under RA 4200 (Anti-Wire Tapping Act) no part of an illegal wiretap could not be used as evidence in any "judicial, quasi-judicial, legislative or administrative hearing or investigation." The action of the Senate could, at the very least, stall the investigation Lacson had sought for. The Senate had initially referred the matter to the committee-of-the-whole and the hearing was tentatively scheduled for next week. Senate Minority Leader Aquilino Pimentel, Jr. said that while he disagrees with the contention of his colleagues in the majority, he agrees to Senator Arroyo's suggestion to refer the matter back to the committee on rules, chaired by Majority Leader Francis Pangilinan. Pimentel also said there is no doubt, at least on his mind, as to who were the parties talking in the "Hello, Garci" tapes. He said the matter is of national interest that should not fall under the prohibition of RA 4200. "However, I agree that the legal angles should be studied carefully so that if we take a vote on this everyone would be fully aware of the implications," Pimentel said. Pangilinan said the committee on rules would meet on Tuesday at 10 a.m. Rising on a question of personal privilege, Gordon cautioned the Senate against proceeding with the investigation of the "Hello, Garci" tape, saying this could open the chamber to prosecution for violation of the Anti-Wire Tapping Act. On Tuesday, Lacson sought the reopening of the probe, presenting to the Senate a videotaped testimony of T/Sgt. Vidal Doble, who claimed to have been part of a team of the Intelligence Service of the Armed Forces of the Philippines who performed wiretapping operations. Gordon, along with Arroyo, noted that under RA 4200 (Anti-Wire Tapping Act) no part of an illegal wiretap could be used as evidence in any "judicial, quasi-judicial, legislative or administrative hearing or investigation." "If we do so, we would be subjecting ourselves under the penal provisions of this act, which means we could be charged in court," Gordon said, noting the law also provides the accessory penalty of perpetual disqualification from public office. Gordon warned that if the Senate proceeds with the inquiry and eventually prosecuted before the courts, it could lead to a situation where there would be no Senate at all. The Senate had referred the matter to a committee-of-the whole. He suggested that the if Lacson is bent on pursuing the probe, it would be best for him or the Senate to bring the matter first to the courts, which has the sole power under RA 4200 to allow wiretapping or the use of wiretapped materials. - GMANews.TV