2005-12-14T05:04:00.001-08:00

ORIGINAL GARCI TAPES NO LONGER EXISTS:Authenticity Can Only Be Proven With Cooperation of Pres. ArroyoBy Aty. Neri Javier ColmenaresSpokesperson and ConvenorCounsels for Defense of Liberties (CODAL)

Former COMELEC Commissioner Virgilio Garcillano's condition that hewill discuss the 'Hello Garci Tapes' only if the original is producedis a trap. The original tapes no longer exist. This was the gist of the testimony of audio expert Jim Sarthou before the Citizens Congressfor Truth and Accountability under direct examination by lawyer NeriColmenares on November 23, 2005. The persons or agency wiretapping Comm. Garcillano would have used hundreds of tapes in the period of 3 to 4 months of wiretapping. Inorder to reuse the tapes, the wiretappers had to re-tape theconversations into what is now the three-hour tape of Samuel Ong andannotate it for reference. The original tapes are then reused for other wiretapping activities. Comm. Garcillano was informed aboutthis, the reason why he is confident that his precondition for comingout with the truth will never take place. The tapes can only beauthenticated now with the cooperation of Pres. Arroyo and Comm. Garcillano by agreeing to speak through a cell-phone using the samewords and in a manner similar to those in the Garci Tapes. Throughthis process, audio forensics experts will be able to comparevoiceprints and definitively judge whether it was Pres. Arroyo and Comm. Garcillano talking in the Garci Tapes. Absent any cooperationfrom Pres. Arroyo or Garcillano, there is no other way for experts toscientifically establish the identity of the participants in thetapes. Lawyers experienced in trial practice, however, contend that thereaction of Pres. Arroyo to the reappearance of Comm. Garcillano doesnot jive with that of an aggrieved victim. A reasonable person who was erroneously maligned for talking with Comm. Garcillano and who wasnot responsible for his disappearance and reappearance, would haveshown alacrity when Comm. Garcillano surfaced and impatience for him to testify. In fact, an innocent person would have immediately pressedfor the speedy investigation of Garcillano or even his arrest. Comm.Garcillano is criminally liable under Art. 219 of the Revised PenalCode (RPC) which punishes with arresto mayor a "public officer whounlawfully leaves or attempts to leave the Philippines without acertification of the (COA) showing that his accounts have been fullysettled." Considering that he vacated his office while still a public official, he is also liable under Art. 238 of the RPC which punishesany 'public official who, before the acceptance of his resignation,abandons his office to the detriment of public service." For failing to testify despite valid subpoenas, consorting with armed men to avoid said summons, Comm. Garcillano is liable under Art. 233of the RPC which punishes a public official "who, upon demand fromcompetent authority shall fail to lend his cooperation towards theadministration of justice, if such failure results in serious damageto public interest." Police and the NBI officials, including Sec.Angelo Reyes may be criminally charged for violating Art. 208 of theRevised Penal Code which punishes a public official "who in the dereliction of his duties shall maliciously refrain from institutingprosecution or the punishment of violators of the law or shalltolerate the commission of offenses.'

2005-12-14T05:04:00.000-08:00

Govt to operate on reenactedbudget for 2006, says Villar

SEN. Manuel Villar, chair of the Senate Committee on Finance, admitted Wednesday that Congress will not beable to pass the proposed P1.053-trillion budget intime for the start of 2006. He foresees that thenational government would have to operate initially ona reenacted 2005 budget. Under the Constitution, the previous budget is deemed reenacted if Congress fails to enact a new budgetbefore the start of the new fiscal year. "Budget deliberations in Congress will last untilMarch. The House is not keen on passing the budget,"he said. He noted that the proposed budget is still being heardby the House Committee on Appropriations. He saidthat at this rate, the budget could reach the Senateonly in January. "It will take the Senate at least three weeks to pass the budget after it is transmitted to us by the House.Then, we will have the bicameral conference committeemeeting to resolve differing provisions," Villarexplained. The Senate has constituted itself into a committee of the whole to discuss the proposed 2006 budget insteadof passing it on to the finance committee. The Senate minority leader, Aquilino Pimentel Jr.,said that this would speed up the Senate deliberationson the budget. Villar said that while he is for passing the 2006budget, he would not want the budget proposal ofMalacañang to remain as is. "We want to remove a number of items in the budget,"he said. Senate President Franklin Drilon had identified newprojects of the Office of the President totaling P25billion as candidates for pruning. Sen. Rodolfo Biazon wants to remove the intelligencefund for "intelligence users" totaling P650 million and transfer it to "intelligence gatherers."--Efren L. Danao

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