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By Jomar Canlas, Reporter
The Supreme Court on Friday
formally released its decision allowing the airing of the
controversial “Hello, Garci” tapes, as Chief Justice Reynato
Puno defended the freedom of expression.
The Manila Times had reported
that the court voted Tuesday allowing the airing of the tapes, which
allegedly contain wiretapped conversations between President Gloria
Arroyo and former elections Commissioner Virgiliano Garciliano about
the 2004 elections. Mrs. Arroyo won that race. The opposition
claimed she cheated, but the President denied it.
On Friday, Puno assailed the
warnings made by Justice Secretary Raul Gonzalez and by the National
Telecommunications Commission (NTC) against airing the Garci tapes.
In the 38-page decision, Puno
sided with former Solicitor General Francisco Chavez, who charged
that the statements of Gonzalez and of the commission constitute
prior restraint.
“The writs of certiorari and
prohibition are hereby issued, nullifying the official statements
made by respondents [Justice Secretary Gonzalez and NTC] on June 8
and 11, 2006, warning the media on airing the alleged wiretapped
conversation between the President and other personalities, for
constituting unconstitutional prior restraint on the exercise of
freedom of speech and of the press,” according to the ruling.
The National Telecommunications
Commission had said it would revoke the license of the television
and radio stations that air the “Hello, Garci” tapes.
The court ruling added that
“not every violation of a law will justify straitjacketing the
exercise of freedom of speech and of the press ... The totality of
the injurious effects of the violation to private and public
interest must be calibrated in light of the preferred status
accorded by the Constitution and by related international covenants
protecting freedom of speech and of the press.”
“There is no showing that the
feared violation of the antiwiretapping law clearly endangers the
national security of the State,” the ruling said.
The High Court said the
respondents’ evidence falls short of satisfying the clear and
present danger test because the statements of Press Secretary
Ignacio Bunye obfuscate the identity of the voices in the tape
recording. Also, the ruling said the integrity of the taped
conversations is also suspect, since Bunye showed the public two
versions of the Garci tapes.
The Supreme Court answered the
objections to Chavez filing the case, since he has no legal
personality to do so, saying the issue “involves an issue of
overarching significance to our society.”
The news leaked to media on
Tuesday said the High Court en banc voted 9-6 to air the tapes. But
the announcement Friday said the vote count was 10-5. Puno was with
the majority and wrote the decision.
Concurring with him are Justices
Leonardo Quisumbing, Consuelo Ynares-Santiago, Angelina Sandoval-Gutierrez,
Antonio Carpio, Ma. Alicia Austria-Martinez, Conchita Carpio
Morales, Adolfo Azcuna and Ruben Reyes.
Dissenting votes came from
Justices Renato Corona, Minita Chico-Nazario, Antonio Eduardo
Nachura and Teresita Leonardo-de Castro.
Justices Gutierrez, Carpio,
Azcuna, Nazario and Nachura wrote separate opinions.
Justice Dante Tinga voted to
grant the petition of Chavez insofar as the Gonzalez warning is
concerned, but voted to dismiss the petition where it concerned
NTC’s warning.
Justice Presbitero Velasco Jr.
voted to grant Chavez’s petition insofar as the NTC warning is
concerned, but voted to dismiss the petition where Gonzalez’s
warning was concerned. 
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