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Wednesday, December 24, 2008
SC stops probe on Garci tapes
MANILA -- The Supreme Court (SC) issued Tuesday a writ of prohibition that stops the Senate and any of its committees from conducting any inquiry in aid of legislation on the “Hello Garci” tapes.
In these tapes, President Arroyo is heard asking former election commissioner Virgilio Garcillano if she was assured of a one-million lead over the late opposition candidate Fernando Poe Jr. in the 2004 presidential elections.
Arroyo Watch: Sun.Star blog on President Arroyo
Voting 9-5, with one abstention, majority of the justices ruled to grant the petition of two retired justices of the Court of Appeals (CA), filed in September 2007, seeking to bar the Senate from conducting its legislative inquiry.
The SC, however, said its decision does not prevent the Senate from conducting another inquiry following the completion of a mandated publication requirement.
The retired justices had said it would be in violation of Republic Act 4200 or the law against wiretapping if the Senate was allowed to proceed with its inquiry.
The SC found sufficient the allegations of retired CA justices Santiago Javier Ranada and Oswaldo Agcaoili that continuing the legislative inquiry will necessarily involve spending public funds.
The justices had said in their petition that the Rules of Procedure to conduct inquiries in aid of legislation have not been published pursuant to Section 21, Article 6 of the Constitution.
The Senate cannot be allowed to continue the inquiry without duly published rules of procedure, the SC said.
The cited provision mandates the publication of the rules of procedure of either the Senate or the House of Representatives, or any of its committees, before it may conduct inquiries in aid of legislation.
The Senate had admitted in its pleadings and during oral arguments that the Senate Rules of Procedure Governing Inquiries in Aid of Legislation had been published in newspapers of general circulation only in 1995 and 2006. During the present Senate of the 14th Congress, however, no effort was taken to publish these rules when they first opened their session.
“Publication is imperative for it will be the height of injustice to punish or otherwise burden a citizen for the transgression of a law or rule of which he had no notice whatsoever, not even a constructive one,” the SC ruled.
The SC said the respondents cannot justify their non-observance of the publication requirement by arguing that the rules have never been amended since 1995 and that they are published in booklet form available to anyone for free, and accessible to the public on the Senate’s web page.
The SC also dismissed for being moot and academic Garcillano’s petition, which had sought to prevent the playing of the tapes in the House and their subsequent inclusion in the committee reports. It noted that the recordings had been played in the House and heard by its members, and the committee reports on the “Hello Garci” tapes had already been completed.
Those who voted in favor of the petition were Antonio Eduardo Nachura, Leonardo Quisumbing, Antonio Carpio, Dante Tinga, Minita Chico-Nazario, Presbiterio Velasco Jr., Ruben Reyes, Teresita Leonardo-de Castro and Arturo Brion.
Dissenting from the majority were Chief Justice Reynato Puno, Consuelo Ynares-Santiago, Adolfo Azcuna, Ma. Alicia Austria-Martinez, and Conchita Carpio-Morales.
Associate Justice Renato Corona took no part as he was on leave.(ECV/Sunnex)
For more Philippine news, visit Sun.Star Bacolod. (December 24, 2008 issue)
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