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By Jomar Canlas Reporter
THE lead lawyer for the
government warned the Senate that it could be held liable as
accessory for violating Republic Act 4200 or the Anti-Wiretapping
law if it insists on playing the alleged wiretapped conversation
between President Gloria Arroyo and former Comelec Commissioner
Virgilio Garcillano, also known as the “Hello, Garci” scandal
tapes.
During the oral argument at the
Supreme Court (SC) en banc, Acting Justice Secretary and Solicitor
General Agnes Devanadera said that the Senate could be held
accountable for the use of the wiretapped conversation.
Devanadera surprisingly defended
the contention of petitioners retired Court of Appeals (CA) Justices
Oswaldo Agcaoili and Santiago Javier Ranada that the said
conversation must not be played for it was taken from an illegal
source.
The petitioners contended that
the wiretapped conversation violates RA 4200 and the right to
privacy of an individual, hence, they wanted the SC to stop the
Senate from conducting the inquiry.
Devanadera told the SC justices
that former Intelligence Service of the Armed Forces of the
Philippines (Isafp) Agent Vidal Doble admitted before the Senate
that he was not aware that the persons that they were wiretapping
were President Arroyo and then-Comelec Commissioner Garcillano.
Thus, the wiretapping was done without their permission and
constitutes a clear violation of RA 4200.
“The Senate will be an
accessory to the crime. This tape is illegally secured [and] there
was no permission from the persons involved,” Devanadera told the
Court.
While the Senate has the power to
investigate as guaranteed by the 1987 Constitution, it has also the
supreme duty that the fundamental rights of the people will not be
violated, argued Devanadera.
“Right to privacy prevails over
the power of the Senate to investigate,” she pointed out.
The government chief lawyer also
defended the petitioners in bringing the case to the high court by
saying that while there are not directly affected, the issue
involved is of paramount importance for it could violate the basic
rights of an individual.
SC Justice Angelina Sandoval-Gutierrez
asked the OSG chief if it will advise the President and Garcillano
in filing the petition before the high court since they are the ones
directly involved.
Devanadera replied that she
“will not venture in advising the president.”
In the meantime, Devanadera
herself manifested her intentions before the 15-person tribunal that
she “wanted to sit beside them” in the near future.
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