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Friday, November 25, 2005
Ex-poll official asks SC to quash arrest warrant
MANILA -- A lawyer of former election commissioner Virgilio Garcillano on Thursday asked the Supreme Court (SC) to stop the House of Representatives from implementing the arrest order for contempt issued against him by Congress last August 3.
Lawyer Eddie Tamondong asked the SC to stop five House committees--public information, public order and safety, national defense and security, information and communications technology, and suffrage and electoral reforms--and House sergeant-at-arms Bayani Fabic from implementing the arrest order for contempt against Garcillano.
In a 28-page petition, he also asked the court to declare as unconstitutional the awarding of P1 million for his arrest.
"The warrant of arrest directing the respondent Fabic, as sergeant-at-arms of the House of Representatives, to arrest the petitioner was erroneously issued and was done with grave abuse of discretion amounting to lack or excess of jurisdiction since the petitioner was not validly served a copy of any of the subpoenas," petitioner said.
The House committees earlier issued a warrant of arrest for contempt of Congress against Garcillano after he failed to appear before the joint committee hearings in Congress despite the issuance and supposed service of three subpoenas against him.
The fugitive former commissioner said the five House committees exceeded their jurisdiction and abused their discretion when it issued the warrant for his arrest during the inquiry on the controversial "Hello Garci" tapes, which allegedly contained the wiretapped conversations between Garcillano and President Gloria Macapagal-Arroyo on the rigging of last year's presidential elections.
"The respondent committees exceeded their jurisdiction and abused their discretion when the warrant arrest was issued in an inquiry conducted upon a mere privilege speech without an appropriate resolution referring it to a committee to conduct the inquiry in clear violation of the House of Representative's rules of procedure governing inquiries in aid of legislation," he said.
Garcillano said the five House committees also issued the warrant of arrest against him in a purported inquiry conducted "not in aid of legislation, but for the veiled purpose of prosecution, which is properly the duty and province of the regular courts."
The ex-poll official reportedly fled the country following the hysteria generated by the taped conversation, Tamondong said.
He said House Minority Leader Francis Escudero immediately took advantage and delivered last June 8 a privilege speech before Congress, which he labeled as the "Tale of Two Tapes". During the speech, criticizing and lambasting the administration and personalities connected with the "Hello Garci" tape.
After Escudero's speech, Garcillano said the five House committees conducted an inquiry to investigate further and in more detail the "Hello Garci" tapes, not in aid of legislation, but for the purpose of prosecuting him and other officials involved in the alleged election fraud.
"It must be mentioned that the conduct of such inquiry was made upon a mere privilege speech without the appropriate resolution referring it to a committee in violation of the rules of procedure governing inquiries in aid of legislation. Several hearings were held by the joint committee where witnesses presented several versions of the so-called wire tapped conversations, despite the fact that these recordings were obtained and presented before the committee in clear and utter violation of Republic Act 4200 otherwise known as the anti- wiretapping law," Garcillano said.
He cited Section 21, Article VI of the 1987 Constitution, which categorically declares "the rights of persons appearing in or affected by such inquiries shall be respected."
"The rights of private individuals enumerated under Article III of the 1987 Constitution, including the right to due process and the right not to be compelled to testify against one's self, should always be upheld and preserved, and cannot be discarded simply by captioning an inquiry as being in supposed aid of legislation, such is lamentably what has been cunningly utilized in the case at bar," Garcillano said.
Malacañang, meanwhile, said on Thursday that the opposition is cashing in on the return of Garcillano even if the official has not uttered a single word on the issues involving him.
"The opposition made hay out of former Commissioner Garcillano's so-called disappearance, now they are conjuring up stories about the circumstances of his return," said Press Secretary Ignacio Bunye.
Bunye said the opposition's scenarios showed "they are not interested in ferreting out the truth but only in convicting the President without proof."
"This attack mentality leads the nation nowhere, in contrast to the administration's plan, already in place, to stabilize the economy, bring in investments and create jobs," he said.
"The opposition can go ahead and try to drown this nation with intrigue but the people, we believe, are already tired of this silly game and are firmly focused instead on the economic track," he said. (ECV/JMR/Sunnex)
(November 25, 2005 issue)
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