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Wednesday, February 13, 2008
Justices favor airing 'Hello Garci' tapes
MANILA -- Supreme Court (SC) magistrates in a preliminary voting on Tuesday voted 9-6 in favor of airing the controversial "Hello Garci" tapes, which allegedly contained conversations of President Gloria Macapagal-Arroyo and a poll official during the 2004 presidential elections.
Former Solicitor General Francisco Chavez filed a petition in 2005 questioning the constitutionality of the National Telecommunications Commission (NTC) order and a warning by justice department that media entities will be criminally charged if they continue to play the wiretapped conversation between Arroyo and former Commission on Elections (Comelec) commissioner Virgilio Garcillano Jr.
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SC spokesman Jose Midas Marquez confirmed that there had been a preliminary voting among the 15 magistrates on the petition during the en banc session, but he declined to state the result of the voting.
However, a newsbreak report identified those who voted to sustain Chavez's petition as Chief Justice Reynato Puno, Justices Leonardo Quisumbing, Antonio Carpio, Consuelo Ynares-Santiago, Angelina Gutierrez, Alicia Austria-Martinez, Conchita Carpio-Morales, Adolfo Azcuņa, and Ruben Reyes.
The magistrates who voted in favor of NTC are Justices Eduardo Nachura, Dante Tinga, Renato Corona, Minita Chico-Nazario, Presbiterio Velasco, and Teresita Leonardo-de Castro.
The SC acknowledged that there have been premature media reports claiming that the result of the voting was 9-6 in favor of Chavez's petition, but stated that this is not official and final as some justices asked to defer the release of the decision until they have submitted their separate opinions on the issue.
Marquez said the Chief Justice directed all justices to submit their respective opinions and final votes on Friday.
He further said that while there are some justices who have cast their vote during Tuesday's en banc, others have made reservations until Friday.
"Prudence dictates that we should wait for the final decisions. The Court will come out with a decision when it's ready. The decision will be released on Friday. The final voting has been set on Friday. All opinions should be on Friday," said Marquez.
Whatever the ruling of the SC, Marquez said the case would serve as precedent in future cases involving prior restraint on the media.
In his petition for certiorari and prohibition, Chavez criticized the NTC's warning to impose sanctions, including cancellation of license, against broadcast stations if they continue to air the "Hello Garci" tapes, saying these acts constitute an "unmistakable restriction on the exercise of free speech and the press."
Chavez also questioned the threat of Justice Secretary Raul Gonzalez Sr. to file criminal charges for violation of the Anti-Wire Tapping Act (Republic Act 4200) against those who will be found in possession of the "Hello Garci" tapes.
On June 11, 2005, the NTC warned radio and television companies that they face possible sanctions if they air the tape, but it later backtracked, saying the tapes may be aired but there should be a clarification since the information is unverified.
Former military intelligence agent Vidal Doble earlier testified before the Senate that he participated in the military's wiretapping operations on opposition and administration officials in 2004.
Doble said in one of their operations, he was stunned to hear Arroyo calling Garcillano on his cellular phone.
In that controversial conversation, the President allegedly told the elections official to make sure that she will have a million vote lead over her closest contender, the late opposition bet Fernando Poe Jr.
Arroyo, on national TV, later on admitted that she talked to an election official, but denied that she ordered the rigging of the elections. She however apologized to the public for what she called a "lapse in judgment." (ECV/Sunnex)
For more Philippine news, visit Sun.Star Pangasinan. (February 13, 2008 issue)
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