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Wednesday, May 19, 2004
NBI tapped in probe of 'false' poll count
MANILA -- The Department of Justice (DOJ) has tasked the National Bureau of Investigation (NBI) to investigate ABC Channel 5 for running results of the recent presidential elections showing opposition candidate Fernando Poe Jr. leading the count.
Justice Secretary Ma. Merceditas Gutierrez said the "NBI has been directed to look into the matter," citing Article 154 of the Revised Penal Code on the "unlawful use of means of publication and unlawful utterances."
President Arroyo is leading with more than a million votes over her closest rival Poe in the government-sanctioned quick count being conducted by the National Citizens Movement for Free Elections (Namfrel).
As of 4 p.m. Tuesday, Arroyo garnered a total of 5,489,261 votes while Poe got 4,081,701 votes in the Namfrel tally of election results from 38.58 percent of total precincts nationwide.
In the vice presidential race, Sen. Noli de Castro is leading with 6,244,988 votes as against Sen. Loren Legarda's 4,941,609 in the same Namfrel count.
Concerning the running count being released by ABC 5, Gutierrez said: "It has come to this department's attention that certain persons, groups, organizations, firms or entities have been broadcasting and causing the publication or dissemination of false news in connection with the election results."
In the law Gutierrez cited, penalized are any persons, who by means of printing or "other means of publication, shall publish or caused to be published as news any false news which endanger the public order or cause damage to the interest or credit of the state."
The law cited by the Gutierrez, however, covers only publications.
Not gag order
The law likewise punishes any person who "by words, utterances or speeches, shall encourage disobedience to the law or to the duly-constituted authorities or praise, justify or extol any act punished by law."
Likewise covered by the law are persons who shall maliciously publish or cause to be published any official resolution or document without proper authority or before they have been published officially.
The DOJ, Gutierrez added, would be constrained to initiate criminal charges and prosecute all persons concerned, if evidence warrants.
Gutierrez though gave an unclear reply when asked about the constitutional implications of a press statement signed by her and faxed to media offices by the Office of the Press Secretary Tuesday warning parties against running reports on "spurious election results."
"It's not a gag order. It's just a warning to all concerned," Gutierrez said Tuesday.
When pressed if the Malacaņang ordered the release of the statement, Gutierrez implied that the justice department acted by itself and that "it was an issue that must be addressed by the Department of Justice."
Also in the Namfrel count, senatorial candidates who made it to the magic 12 are: Manuel "Mar" Roxas II, 7,475,211 votes; Ramon "Bong" Revilla Jr., 6,040,863; Aquilino Pimentel Jr., 5,041,711; Richard Gordon, 4,927,302 votes; Jamby Madrigal, 4,815,783; Miriam Defensor-Santiago, 4,689,626; Pia Juliana Cayetano, 4,645,228; Manuel Lapid, 4,290,499; Alfredo S. Lim, 4,127,163; Robert Barbers, 4,088,740; Rodolfo Biazon, 4,006,390; and Juan Ponce Enrile, 3,968,511 votes. (Benjamin B. Pulta)
(May 19, 2004 issue)
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