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Tuesday, June 28, 2005
Aportadera: Of conspiracy and crimes
By Billy Aportadera
Rights and Duties
"One should take time and effort to either hear the tapes or read the transcript of the tapes."
THE issue of whether the controversial tapes were wiretapped and therefore illegal is already moot and academic. The proliferation of copies of the "wire-tapped tapes" in CD format or through transcription that are distributed even in the halls of Congress, sold in public places, and made accessible in the Internet, has rendered the issue of its legality irrelevant.
It should be noted that the first time the public was made aware of the controversial tapes was when Press Secretary Ignacio Bunye in a press conference showed everybody that he was in possession of what he called the original tape and the "altered" tape. He even offered to the Malacañang press people to listen to the tape after the press conference.
Thereafter, other "versions" of the tapes surfaced and people came forward claiming they were the source of the controversial tapes. An ISAFP operative was identified to be one of the personalities who wiretapped cell phone of the Comelec commissioner and recorded with captions the calls made and received by the Comelec commissioner.
One should take time and effort to either hear the tapes or read the transcript of the tapes. Check the ABS-CBN and the Daily Inquirer websites and you can access the contents of the controversial tapes. You can even download the "Hello Garci" ring tones.
If the tapes are finally authenticated, they would implicate in a criminal conspiracy the President, the First Gentleman, a Comelec Commissioner, former, Generals in the Armed Forces of the Philippines, and of the Philippine National Police, a colonel, regional officers of the Comelec, local public officials, public employees and private citizens. Certain Namfrel volunteers were also mentioned.
The tapes tell of a grand and whole-scale conspiracy to manipulate the last presidential elections in certain areas in the Philippines. The focus was Mindanao, i.e., Marawi, Sulu, Tawi-Tawi, Lanao del Sur, Basilan, Cotabato, and Zamboanga; in Luzon, the focus was the Bicol Region, specifically Camarines Norte.
The Comelec Commissioner was in the center of the conspiracy. He appeared to be giving a report to a woman whom people believed to the President. The call of a person called "Boss" and "Mike" was also recorded, so was the call of a former senator.
Their conversation with the Comelec Commissioner was on the closely contested last senatorial spot then being held by Senator Rodolfo Biazon. In other segment of the tapes, a general was removed and replaced by another because the former was "uncooperative." There was a threat to kidnap a person who was not cooperative. There was also recorded the crime of bribery.
The saga of the tapes is a tale of conspiracy and crimes. The persons behind the voices in the tape have compromised the constitutional sanctity of elections [Article V]. These persons also violated the Omnibus Election Code, the Revised Penal Code [Article 210-Direct Bribery] and the Anti-Graft and Corrupt Practices Act [Section 3 (a) " Persuading or influencing another public officer to perform an act in violation of law or allowing himself to be persuaded or influenced; Section 3 (e)- causing undue injury or giving any private party any unwarranted benefit, advantage or preference in the discharge of his official administrative function through manifest partiality; Section 4 (b)- knowingly inducing or causing any public official to commit election fraud]."
The tapes exposed the commission of crimes and the President and a Comelec Commissioner together with other personalities are alluded to and implicated in the crimes. This is the heart of the matter--the breach of trust.
For Bisaya stories from Davao. Click here. (June 28, 2005 issue)
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