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Wednesday, February 13, 2008

 

SC allows ‘Garci tapes’ airing

Chief Justice leads 9-6 vote lifting govt gag order

By Jomar Canlas, Reporter

The Supreme Court ruled that the so-called Hello, Garci tapes can be aired in public.

These tapes supposedly contain tapped conversations allegedly between former elections Commissioner Virgilio “Garci” Garcillano and President Gloria Arroyo on the rigging of the 2004 presidential elections in her favor. Parties that have obtained copies of the tapes, mainly the political opposition, had been gagged by Department of Justice and the National Telecommunications Commission.

Justice Secretary Raul Gonzalez, during a press conference Tuesday, said he had heard from the Supreme Court on the 9-6 vote upholding a petition against the banning of the playing in public of the “Hello, Garci” tapes.

Chief Justice Reynato Puno was said to be the ponente of the case.

The Manila Times learned that Puno and Associate Justices Adolfo Azcuna, Antonio Carpio, Angelina Sandoval-Gutierrez, Alicia Austria-Martinez, Conchita Carpio-Morales, Leonardo Quisumbing, Ruben Reyes and Consuelo Ynares-Santiago voted in favor of the petition. The voting was held also on Tuesday.

The original ponente of the case was said to be Associate Justice Antonio Eduardo Nachura, who reportedly is now on the dissenting side.

Lawyer Jose Midas Marquez of the High Court’s Public Information Office would neither confirm nor deny the result of the voting.

Marquez said the ruling will be officially released on Friday yet since, he added, separate opinions will still have to be completed by the other magistrates.

He said the supposed 9-6 vote could still move before Friday.

The petition against the banning of the public playing of the “Hello, Garci” tapes was filed by former Solicitor-General Francisco Chavez.

Gonzalez had threatened to charge those who will play the tapes in public with violation of Republic Act 4200, or the Anti-Wiretapping Law.

Chavez said the telecommunications commission violated press freedom and the right of the public to information on matters of public concern when it banned the airing in public of the tapes.

On June 11, 2005, the commission warned radio and television networks that they could face possible sanctions, including cancellation of license, if they insisted on airing the tapes.

   

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