final report - Philippine Center for Investigative Journalism

FINAL REPORT
Findings and Recommendations of the
Citizens’ Congress for Truth and
Accountability
May 10, 2006
TABLE OF CONTENTS
Findings on Electoral Fraud and
Graft and Corruption
PAGE
ON THE CHARGE OF ELECTORAL FRAUD
I.
Cheating
8
8
A. The Key Role of Garcillano
8
Pre-meditated plan to cheat through Garcillano
(the Comelec official who, on record, had been
helping GMA and the Lakas party since 1992)
Appointment of Garcillano for GMA’s
“consultation project” (re possible allies and
the opposition) since 2002 using government funds
Bayam's disclaimer of Zuce document
B. Implementation of Electoral fraud – the Garci Tapes
15
a. Reason why no wiretapping charges
were ever filed against Ong
16
b. Garci Tapes – authentication of existence/
origin by witnesses
16
Samuel Ong
Ong's August 10, 2005 affidavit, submitted to
the Senate, on his June 10, 2005 exposé of the
Garci Tapes, his videotape of T/Sgt. Doble's
admission as source of the Garci Tapes, and
the San Carlos Seminary as safe haven for
him, Doble, Santiago and Santos, for fear
of their lives following his exposé
Marieta Santos
i. Santos’ December 8, 2005 Senate testimony
affirming, among others, Samuel Ong’s story
that Garci Tapes came from ISAFP wiretappers
2
(including her former boyfriend T/Sgt. Doble)
ii. Santos’ January 19, 2006 Senate testimony
positively identifying voices of ISAFP personnel
in the Garci Tape
iii. Santos’ January 19, 2006 Senate testimony
positively identifying ISAFP personnel in the
Garci Tape thru photographs
iv. Santos' July 23, 2005 affidavit, submitted to
the Senate, confirming Doble as the source of the
Garci Tapes, his videotaped admission thereof at
the Imperial Hotel, her having sought sanctuary
at the San Carlos Seminary with Doble, Ong,
and Santiago for fear of their lives following
Ong's expose, and Doble's report that the ISAFP
had picked up his family from North Cotabato
Bishop Teodoro Bacani
Affidavit of Bishop Bacani dated August 15, 2005,
submitted to the Senate, attesting that T/Sgt. Doble,
Santiago, Santos and Ong had voluntarily sought
sanctuary at the San Carlos Seminary due to Ong's
June 10, 2005 expose about the Garci Tapes, belying
the PNP charge that Ong had kidnapped Doble
Marieta Santos
i.
ii.
Santos' December 8, 2005 Senate testimony
confirming that she, T/Sgt. Doble, Santiago and
Ong had voluntarily sought sanctuary at the
San Carlos Seminary following Ong's expose
of the Garci Tapes, belying the PNP charge
that Ong had kidnapped Doble
Santos' December 8, 2005 Senate testimony
attesting to the veracity of Doble's admission
as source of the Garci Tapes, and explaining
that the reason for Doble's recantation was the
ISAFP's possession of his family
Michaelangelo Zuce
Zuce’s August 3, 2005 testimony before
the Senate authenticating, among others,
the Garci Tapes and attesting to Garcillano’s
key role and activities in 2004 electoral fraud
in favor of GMA, in connivance with the Pinedas
3
Rey Sumalipao
Sumalipao’s authentication of the Garci Tapes,
as noted by Sen. Lacson at Senate hearing
c. The Garci Tapes – contextual authentication
50
i. Garci Tapes reference to Gudani
ii. Marine Brig. Gen. Francisco Gudani’s
Sept. 28, 2005 testimony before the Senate,
affirming details of Garci Tapes portion
referring to Gudani
iii. Marine Brig. Gen. Francisco Gudani’s
Nov. 17, 2005 testimony before the Senate
re Garci Tapes reference to Pirino
iv. Marine Col. Alexander Balutan’s
Sept. 29, 2005 testimony before
the Senate affirming Gudani’s story
v. Garci Tapes reference to possible exposure
of election anomalies by Tipo-Tipo, Basilan
election supervisor Rashma Hali, and to Garcillano’s
suggestion of “soft touch” instead of kidnapping,
as suggested by other party on the line
vi. Rashma Hali confirms to media her harassment
as mentioned in Garci Tapes
d. The Garci Tapes – of such nature and detail
that their having been fabricated is an impossibility
67
-- Jaime Sarthou’s testimony before the CCTA
e. The Garci Tapes – authenticated by admission
C. Implementation of Electoral Fraud – the Eyewitnesses
Zuce
a. Zuce’s Affidavit dated August 1, 2005, submitted
to the Senate, wherein, among others, he attests to
details of electoral fraud bribery and techniques
b. Zuce’s August 3, 2005 Senate testimony re, among
others, “special operations” or dagdag-bawas,
P1 million from Malacaňang, reference to him as
4
69
70
“Louie” in Garci Tapes, commitment of Comelec
officials to support GMA, meaning of “he can deliver”
c. Zuce’s August 10, 2005 Senate testimony, affirming
the change in trending in favor of President Arroyo
d. Zuce’s January 19, 2005 Senate testimony, affirming
his presence during conversations between Garcillano
and President Arroyo
Mendoza
a. Mendoza’s August 6, 2005 affidavit submitted to
the Senate, corroborating Zuce's testimony re manipulation
of election results, attesting to the admission of Garcillano
that Bong Pineda has provided P300 million to ensure the
election of President Arroyo, as well as witnessed the
bribery of Comelec officials by election officers and
by Zuce in behalf of Garcillano to benefit President Arroyo
b. Mendoza’s August 10, 2005 Senate testimony, re
Garcillano's statements to his wife that President Arroyo
should win or he will lose his job; identifying the Malacaňang
officials with Zuce at the Diamond Hotel; affirming that Zuce
gave cash to Comelec Director Sumalipao; that Garcillano's staff
Ivan helped manipulate election results; and affirmed that there
was really cheating during the 2004 elections
Balutan
Balutan’s September 28, 2005 Senate testimony,
that when his Marine commander Brig. Gen. Francisco
Gudani was relieved from duty and instructed to go
to Manila, play golf or go to Boracay at the height of
the counting of votes in Lanao del Sur, he (Balutan)
was pressured by Army Col. Pirino to “slacken” strict
election security measures, obviously to allow cheating
Dalidig
a. Dalidig's October 5, 2005 affidavit, submitted
to the CCTA, attesting to and setting forth, through
his comparative tally, the massive falsification of
certificates of canvass in Lanao del Sur in favor of
President Arroyo, turning upside down the results
in electoral returns in favor of Fernando Poe, Jr.,
ignored by Namfrel national officers despite his reports
b. Dalidig's November 9, 2005 testimony before
the CCTA, affirming and further detailing the
5
contents of his October 5, 2005 affidavit
D. Implementation of Electoral Fraud – the Experts
105
a. Tabayoyong's testimony before the CCTA
on November 9, 2005
b. Tabayoyong’s November 9, 2005 affidavit
c. Summary of Tabayoyong's PowerPoint
Presentation
d. Excerpt from the House Minority Report
II. The Continued and Continuing Deception and Cover-Up
Timeline
112
113
III. The Electioneering
140
A. The use of OWWA funds for PhilHealth cards to favor
President Arroyo’s campaign during the 2004 Elections
140
B. The use of Ginintuang Masaganang Ani funds fertilizer
funds for electioneering purposes in favor of
President Arroyo in the 2004 elections
148
C. Testimony of Corazon Soliman before the CCTA
on November 16, 2005
162
ON THE CHARGE OF GRAFT AND CORRUPTION
164
1. The Ginintuang Masaganang Ani
fertilizer and farmers funds plunder
164
2. The Aborted, Anomalous
North Rail Project
164
3. The Contract with Venable Llp.
167
CONCLUSION
171
Massive electoral fraud, through cheating,
was committed through falsification of electoral
returns and certificates of canvass, made
6
directly possible through President Arroyo’s
use of Comelec, Cabinet members, executive
officials, and the military
171
Following discovery of massive electoral
fraud in the wake of the Garci Tapes,
President Arroyo has caused the implementation
of a grand cover-up, even at the cost of the
people’s liberties, that continues to this day
172
Charter Change as the ultimate cover-up to
permanently avoid accountability to the people,
including in respect of graft and corruption
and egregious violation of human rights
177
RECOMMENDATION
180
Findings on the Issue of Political Killings
and Other Human Rights Violations
National Human Rights Situation
182
Workers’ Repression
184
Mindoro Human Righs Abuses
187
Involuntary Disappearance
188
Repression of Peasants
189
Bicutan Siege
190
Direct Responsibility and Accountability of Commander-in-Chief
191
Documentary Evidence
192
Liability of the President as Commander-in-Chief of the Armed Forces
199
Recommendations
203
7
FINDINGS ON ELECTORAL FRAUD and
GRAFT AND CORRUPTION
ON THE CHARGE OF ELECTORAL FRAUD
I. The Cheating
We find that the occurrence, chronology and convergence of significant events,
emerging from the wealth of data and material made available to the Filipino public
and the CCTA, clearly show a pattern of pre-meditated, and successful, electoral fraud
in the 2004 presidential elections in favor of President Gloria Macapagal-Arroyo, and
subsequent thereto, a tenacious continuum of acts combining all possible survival
methods and devices – from misleading and untruthful propaganda maneuvers, to
legalistic subterfuge and, later, even unconstitutional steps – to cover up the fraud
and permanently escape accountability to the nation.
A. The key role of Garcillano
As early as October 11, 2002, Assistant Secretary Ahmad M. Bayam had
indorsed (then Comelec Regional Director) Garcillano to President Arroyo for the
latter’s record of devotion to excellent partisan service in her favor, writing his superior
Jose Ma. A. Rufino, Presidential Liaison Officer (or Presidential Adviser) for Political
Affairs thus:
“Since the 1992 elections, Director Garcillano has been extensively
serving and protecting the interest of Lakas-NUCD-UMDP,
particularly in Mindanao and delivered almost every electoral
pleasure of the administration.
Accordingly, he has received verbal commendations that include
his possible appointment as COMELEC Commissioner should any
vacancy arise. He had expected such a rewarding position considering
that getting appointed thereto is a Presidential prerogative. However,
with the newly appointed Commissioners already confirmed, Director
Garcillano will have to wait further until his retirement on December 31,
2002.
In view of our need to continue enlisting Director Garcillano’s
expertise and services on election matters, especially with the 2004
elections, it would be beneficial if we could assist in appointing him to
another position of prominence, such as Member of the Board of
Directors in the Public Estate Authority (PEA) or any government agency
in order to sustain his resources and authority.
8
For the Secretary’s consideration and/or further instruction, please.”1
(Annex A-1, Affidavit of Michaelangelo Zuce dated August 1, 2005;
emphasis supplied)
This advice-request was favorably indorsed by Presidential Adviser Rufino on
October 14, 2002 for action by President Arroyo, with copy furnished then Executive
Secretary (now Secretary of Foreign Affairs) Alberto Romulo and then Chief
Presidential Legal Counsel (now Secretary of National Defense) Avelino Cruz, Jr.
(Annex A, Affidavit of Michaelangelo Zuce dated August 1, 2005)
But even before the above advice-request was acted on, Presidential Adviser
Rufino had already submitted a memorandum to President Arroyo, dated October 10,
2002, explicitly requesting public funds (from the Office of the President) for
implementation of activities in furtherance and promotion of her 2004 election project
plan and machinery, as she had instructed. The memorandum reads:
“As per instructions of Her Excellency during her visit in Iligan City
last September 26, 2002 and the need to precisely approximate the
electoral pulse and secure a workable game-plan for the 2004 elections,
our office shall undertake the aforementioned consultation.
Enclosed is the estimated budgetary requirement and upon release
thereafter, the activity will commence immediately.
For Her Excellency’s consideration and/or further instructions,
please.” (Annex B, Affidavit of Michaelangelo Zuce dated August 1, 2005;
emphasis supplied)
Apparently, the Arroyo 2004 election plan and machinery had even then already
started grinding because Garcillano was then appointed head of the special
consultation project (funded through the office of Presidential Adviser Rufino) – titled
“Nationwide Consultation of Election Officers Under The Stewardship Of Atty.
Garcillano” – under which project Garcillano had begun recruiting regional directors
and election supervisors of the Comelec in critical provinces of Mindanao to support
the 2004 election of President Arroyo, as well as investigating possible allies and the
opposition.
This was revealed to the House of Representatives under oath by Michaelangelo
Zuce –acknowledged nephew-in-law of Garcillano himself and staff member of
Presidential Adviser Jose Ma. A. Rufino – in the statement dated August 1, 2005 that
he submitted to the House of Representatives Impeachment Team, to which he had
attached copy of Bayam and Rufino’s memorandum and Garcillano’s reports to
President Arroyo.
1
At the top right-hand corner of this memorandum of Assistant Secretary Bayam is the hand-written note of
Presidential Adviser Rufino which states: “Noted. Prepare letter to ES. CPLA” [Note: “ES” is standard
abbreviation in Malacañang for “Executive Secretary.”]
9
The self-explanatory January 8, 2003 report of Garcillano to President Arroyo
hardly disguises the illicit nature of this Comelec official’s activities in the
implementation of the publicly funded “consultation project.” Quoted below are some
excerpts, incriminatory on their face –
“The undersigned respectfully submits his report on the initial
consultation he had with the above-mentioned officials of the Commission
on Elections in Mindanao. The survey or consultation was undertaken for
the purpose of getting the pulse of the electorate at this early. With the
abundant challenges or pressures from the opposition, we can not afford
to be complacent set idly and do nothing. We do not have the luxury of
time and time to move is now.
The undersigned was scrupulously careful planning the meetings with our
field workers least he awakens the suspicion of political leaders and even
his superior officers that he is pressuring the field personnel for the
future political exercise. Initial planning was done at the Regional
Directors Office in Cagayan de Oro City with the Regional Attorney, the
Provincial Election Supervisor of Misamis Oriental and selected staffs
participating.
xxx
xxx
xxx
On November 27, 2002, the discussion with the newest province in
Mindanao, Zamboanga Sibugay. Atty. Jay Balisado made a significant
revelation that the present governor – Governor Hoffer is losing his hold
over his constituents, much less his political leaders. It is (the) Vice
Governor who now calls the shot. His observation is concurred by
Acting Assistant Regional Election Director of Region 9.
This is, however, not a cause for us to worry or should not disturb us. The
oppositions in the province are far behind. We just employ a carefully
crafted strategy to rally the support of the electorate. Of course, we have to
work hard to get the full and unqualified support of C-personnel in the
field. Let us make them feel that when they look back they have that debt
of gratitude and residual loyalties to us.
xxx
xxx
xxx
Maguindanao where threat of death is literally a flick of a finger away
is still a toss up between the Governor Ampatuan and Zacaria Candao.
If Secretary Datumanong will throw his hat again, Matalam will be
another problem. We already have Congressman Dilangalen who had
been showing tempestuous attitude in congress defending the
deposed president. President GMA, however, can tilt the balance
towards the LAKAS-NUCD.
The consultation in General Santos City was supposed to be attended by
the regional Director of Regions 11 and 12. (Comelec) Director Lirio
Joquino was out of the country, while Director Clarita Callar of Region
XII is still under observation.
10
NORTH COTABATO
Governor Emmanuel Piñol can be wooed to favor the administration.
… Once with LAKAS, he will be an asset. Having been a media man, he
can contribute significantly to the administration in projecting its image.
TAWI-TAWI
We can still count on the leadership of former Congressman Jaafar. His
daughter Soraya can compliment his efforts to wage a tight against
Governor Matba. An added factor is the fact that the former
Congressman contributed tremendous (sic) to the cause of LAKAS
during the last ARMM election
AGUSAN DEL NORTE
The fight here is even. But with PGMA at the helm of the
government, that fact will spell the difference.
SURIGAO DEL SUR
Atty. Cirilo Nala, Jr. is the new Provincial Election Supervisor of the
Province who used to be Regional Attorney for Region 10. He has a
confident touch of the intricacies of the operation. Davao del Norte,
Compostela Valley and South Cotabato were not represented. We will
try to pick up workers who are cautious and know their business. In
other words, we will select the most skilled tightrope walkers who
would not throw our cause down the drain.” (emphasis supplied)
So far, only a portion of Zuce's declaration and documentary evidence has been
contested. We refer, specifically, to the prepared statement issued by Ahmad Bayam
at a press conference to which he was reportedly escorted by police, led by PNP CIDG
chief Senior Supt. Asher Dolina2, at the Richmonde Hotel, Pasig City on August 6,
2005.
We quote from the news report of the Philippine Daily Inquirer:
“Escorted by a phalanx of police officers, former Malacañang executive
Datu Ahmad Bayam yesterday tried to shoot down the testimony of
presidential whistle-blower Michaelangelo Zuce.
xxx
xxxx
xxxx
2
"Bayam was escorted to the press conference by plainclothes policemen led by Senior Supt. Asher Dolina, chief of
the Philippine National Police Criminal Investigation and Detection Group for the National Capital Region. Although
he arrived at the Richmonde Hotel in Pasig City with them, Bayam acted as if he did not know the police officers. 'I
don't know these people. I don't know why they're here,' he said, referring to the officers, who stood about a meter
away from him in the room where he was talking with reporters." ("Zuce draws new fire … Ex-Palace aide denies
memo on delivering 'electoral pleasure'," Donna Pazzibugan and Norman Bordadera, PDI, August 7, 2005, p. A1)
11
‘Michaelangelo Zuce alleged that I issued a memorandum to
Secretary Jose Rufino endorsing the appointment of Atty. Virgilio
Garcillano. I categorically deny that I ever wrote any such
memorandum,’ Bayam read from a prepared statement.
Bayam said the signature in the memorandum was not his, and
showed reporters his signature on his passport.
The signature appeared to be the same.
Bayam said he knew Zuce since their desks were adjacent to each other
when they were working at the office of Rufino. But he denied he knew
Garcillano.
‘I do not know him from Adam,’ Bayam said.
He also made a sweeping denial of the contents of Zuce’s potentially
damaging affidavit. (Zuce draws new fire … Ex-Palace aide denies memo
on delivering ‘electoral pleasure’," Dona Pazzibugan and Norman
Bordadora,
Philippine Daily Inquirer, August 7, 2005, pp. A1 & A6; emphasis
supplied)
However, a subsequent news report quoted the vice-chairman of the Muslim
organization that he heads as saying that he (Bayam) might have been merely
pressured to make the said statements because of threats upon his family. We
reproduce the pertinent story:
“His family may have been threatened.
This could be the reason former Malacañang aide Ahmad Bayam turned
around and belied the allegations made by witness Michaelangelo Zuce
against President Macapagal-Arroyo.
Bayam is the current chair of the Philippine Muslim Solidarity
Council, which had earlier joined calls for Ms. Arroyo’s resignation.
‘We think he was forced to testify against Zuce. We heard his family
has been receiving threats,’ PMSC vice chair Ali Montaha Babao said
yesterday.
xxx
xxx
xxx
The problem for the PMSC is Bayam himself was talking about bringing
down the administration just last month.
‘Zuce exposed anomalies that could finally lead to the ouster of (Ms.
Arroyo). And here is our chairman saying Zuce is not a credible
man,’ Babao had said in an earlier interview.
12
xxx
xxx
xxx
In the group’s press conference last month, Bayam himself
announced they were aligning themselves with the group of retired
Gen. Fortunato Abat in pushing for a revolutionary transitional
council to take over from President Arroyo.” ("Family Threatened?
Palace exec under duress, says colleague," Edson C. Tandoc Jr.,
Philippine Daily Inquirer, August 10, 2005, p. A2; emphasis supplied)
Even granting the benefit of the doubt to Bayam's above disclaimer, we note
that Garcillano has not denied the documents attributed to him by Zuce, despite the
incriminating nature of the admissions in his reports, including the sycophantic tenor
of his letter-application to President Arroyo as Comelec Commissioner. If Zuce were to
be believed, the annexes to his affidavit – the foregoing-quoted memorandums of
Bayam and Rufino and the reports of Garcillano to President Arroyo – regarding
activities in violation of the Constitution, elections laws and criminal laws, would all
comprise official documents. As such, these materials would be presumed as
authentic, and their contents would be presumed as well to be true and accurate
reports, until and unless Zuce's credibility is persuasively destroyed. We note,
however, that Zuce has not been sued for libel, falsification of public documents, false
testimony, or perjury.3
On November 11, 2003, about nine months after submitting his above-quoted
report, Garcillano wrote President Arroyo to offer his services anew for the 2004
elections – proudly waving pointblank his record as a servile, partisan Comelec official
in her favor in the 2001 elections – in exchange for his appointment as Commissioner
of the Comission on Elections. His letter reads:
“I am ATTY. VIRGILIO O. GARCILLANO, the former Regional
Election Director of Region 10, based in Cagayan de Oro City. I was
one of those whom the First Gentleman approached when Your
Excellency ran for Senator. I also had the pleasure of serving your
party when your Excellency requested me to monitor and/or protect
3
On the contrary, Rep. Clavel Asas-Martinez (a majority representative and GMA supporter) confirmed in her
privilege speech on September 5, 2005 that she can no longer in conscience hide the truth that there was indeed
electoral cheating in Cebu during the 2004 elections and that what Zuce testified to in the Senate is true. We quote
from the House journal:
“… Rep. Martinez disclosed … that in the last elections, after all the problems they had
encountered in the provincial election in Cebu, she had a conversation with Secretary Joey Rufino.
xxx
xxx
xxx
Rep. Martinez manifested that she was prevailed upon and advised not to divulge
her conversation with Secretary Rufino but she felt that the sin of omission would be hard
to countenance … She stressed that she had to tell the truth and inform the Filipino people
that the witness named Susie was in fact telling the truth.
xxx
xxx
xxx
Even as she does not know whether or not the Members could still countenance the
foregoing, Rep. Martinez expressed belief that they now understand why she is on the side of the
Opposition and is voting for the impeachment of the President.” (House of Representatives Journal
No. 14, September 5, 2005; emphasis supplied)
13
the votes of the LAKAS/NUCD senatorial Candidates in Mindanao
during the 2001 Election. After that election, Your Excellency
generously shared your time and honored us with a dinner in the palace.
It was then that Your Excellency mentioned for the first time your
honor’s intention to make me one of the Commissioners.” (emphasis
supplied)
On this letter of Garcillano appears the hand-written marginal note of
Presidential Adviser Rufino to President Arroyo that reads:
“H.E. PGMA He will be a great asset for you. He has proven track
record & can deliver! Part (of) The Antidote Group. TY, (signature)”
(emphasis supplied)
Less than two months after, on December 30, 2002, President Arroyo
announced to the nation that she is not running for President in the elections of 2004.
Ten months later, on October 1, 2003, President Arroyo announced that she is
running for President in the elections of 2004.
A little over four months thereafter, on February 11, 2004 – amid strong,
publicized protestations from high government officials and media due to his unsavory
reputation as an elections “operator” – President Arroyo issued an ad interim
appointment to Garcillano as Comelec Commissioner, just months before the 2004
elections.4
The foregoing materials render undeniable the fact that at the time Garcillano
was given an ad interim appointment as Comelec Commissioner in February of 2004,
just months before the May 10, 2004 elections, President Arroyo not only officially
knew that Garcillano was, for more than a decade already, a corrupt partisan serving
the interests of the Lakas-NUCD-UMDP to which her political party KAMPI belonged,
but as a matter of fact was and had been in active connivance with Garcillano since at
least 2002 in the bribery and recruitment of, and exertion of influence-peddling and
pressure upon, local Comelec officials and employees for the purpose of supporting
her in the elections of 2004. Thus it is evident that the plan to commit electoral fraud,
willful and systematic, was locked in place with the appointment of Virgilio Garcillano
to the highest level of the very constitutional body paid by the Filipino people to
safeguard their sacred choice of national leaders.
4
The magazine Newsbreak reported: “Opposition Sen. Aquilino Pimentel Jr. has charged that Garcillano was
involved in a vote-padding and shaving scheme in Northern Mindanao during the 1995 senatorial elections, which the
senator lost. Garcillano was then regional director of Region 10.” Newsbreak also reported in the same article that
“Abalos is a former official of the President’s party, Lakas-CMD.” (“Recipe for Instability,” Aries Rufo, Newsbreak,
http://www.inq7.net/nwsbrk/2004/may/24/nbk_3-1.htm)
Manuel Barcelona, the other Comelec Commissioner
appointed by President Arroyo, was, like Garcillano, bypassed by the Commission on Appointments in 2005 in the
wake of the Garci Tapes scandal. (“Palace on Garci: We can’t find him, either,” Manila Standard Today, June 20,
2005, p. A2)
14
B. Implementation of Electoral Fraud/
The Garci Tapes
The documentary and testimonial materials – and the “Garci Tapes” – reveal the
means and methods by which the electoral fraud was implemented.
While certain portions of the populace, specially officials of the incumbent
administration, are convinced that these alleged wiretapped conversations between
Garcillano and the President and many others should be ignored for the reason that
these would be inadmissible in a court of law under our legal system, available
evidentiary materials provide overwhelming logic and factual reason and basis to
consider the literal import and moral significance of their contents for the purpose of
having each Filipino determine for himself the common-sensical truth as to whether or
not, indeed, the incumbent President subverted the electoral process – for which act,
were it not for the peremptory, anti-people sabotage of the impeachment process by
her political allies in Congress, she would have been removed from office and, in due
course, prosecuted, imprisoned, and compelled to pay indemnification.
It will be noted, after all, that no person or entity has ever come forward to
claim violation of his/her/its right to privacy under the Anti-Wiretapping Law. Neither
President Arroyo nor Garcillano have cried foul. No one has dared file suit in court for
the recordation of his/her voice through wiretapping – not the ranking AFP generals,
not the ranking police officials, not even the “Gary” Ruado whom Bunye positively
identified as the House staff member (of Rep. Ignacio Arroyo) who was wiretapped, and
of course not any Comelec official or staff.
Secretary of Justice Raul Gonzalez did announce to the nation (through the
Manila Standard) that wiretapping charges will follow the filing of sedition charges
against former NBI Deputy Director Atty. Samuel Ong, declaring: “I’ll stake my
reputation here.”5
Manila Standard Today continued its report:
“Gonzalez disputed opposition claims that there would be no
complainants, saying the government could take on this role.
‘The person who heard (Ong’s statements) can testify; the admission of
the person who is holding the tapes that that is the mother of all tapes –
as a declaration against interest – that can be used as evidence,’
Gonzalez said.”
He said Doble, too, could be charged with violating the Anti-Wiretapping
Law and inciting to sedition.” (“Sedition Charges Filed Against Ong,” Roy
Pelovello, Manila Standard Today, June 16, 2005, p. A1)
But he did not file any.
5
emphasis supplied
15
a. The reason why no wiretapping charges
were ever filed against Ong
Neither the police, nor the military, nor the NBI, has attempted any arrest for
violation of the Anti-Wiretapping Law.
The reason is plain and clear. For anyone alluded or referred to in the Garci
Tapes to complain – in or out of court – that his conversation was wiretapped will be to
admit the genuineness of, and actual occurrence of the illegal acts exposed in, the
Garci Tapes conversations. No matter that an admission may refer to only a portion of
these Tapes, it would nonetheless be explosive evidence that wiretapping indeed
occurred and the Garci Tapes do exist.
It is this catch-22 situation that has allowed Filipinos access to these Garci
Tapes that otherwise would have remained secret and suppressed. But most
importantly, the situation has fortuitously recorded, for all Filipinos to hear, the sound
and silence of guilt on the part of all those incriminated therein.
b.
The Garci Tapes – authentication
of existence and origin by witnesses
The Philippine Center for Investigative Journalism (“PCIJ”) published the
following version of the origin of the Garci Tapes:
“The story of the tapes began a few months ago when Doble, in a
drinking bout with his buddy Lito Santiago (also formerly of the
PAOCTF), spilled the beans about the wiretaps. What the police have so
far discovered, says Supt. Asher Dolina of the Philippine National Police
Criminal Investigation and Detection Group, is that Doble is a good
friend of Santiago’s, who was until recently the driver of former National
Bureau of Investigation (NBI) deputy director Samuel Ong. It was Ong
who releases the three-hour version of the “Garci” tapes on June 10,
saying that the recording was given to him by ISAFP agents.
It would seem that Santiago told his boss Ong about the recording. Ong
supported the candidacy of Fernando Poe, Jr. and had an axe to grind
against the NBI. The NBI official then told his friends in the FPJ-Erap
(Joseph Estrada) camp; one opposition source says former Estrada
Cabinet member Horacio “Boy” Morales was among the first to know. At
any rate, Ong and his friends worked on Doble, using a combination of
money and pressure to get him and his MIG6 21 colleagues to provide
copies of the recording. This answers the question of why the tapes are
being released only now: because it was only in that drinking session
when their existence became known, at least outside of Doble’s MIG 21
circle.
6
i.e., Military Intelligence Group
16
Some opposition sources sat that Doble was paid P2 million by the Erap
camp (as the ISAFP agent himself confirmed to the police when he was
put under investigation). The CIDG says there is a paper trail of the
money, as Doble used it to purchase, among other things, a motor
vehicle. Ong was also supposedly paid for his efforts. Whether other
ISAFP agents or officers were also paid is unknown. It is possible they
were because intelligence sources say Doble could not possibly have had
the access to the whole three-hour wiretaps; at most, he could copy only
those conversations that he himself has recorded and annotated.
Through Ong, copies of the wiretapped conversations eventually found
their way to various members of the opposition. Both Lacson (who has
more or less severed his relations with Estrada) and former Sen.
Francisco “Kit” Tatad say their copies arrived by courier in April. One
copy also got into the hands of former Estrada lawyer Alan Paguia, who
then proceeded to mint his own version, picking out only the juiciest
parts of the three-hour recording and adding his own, overly dramatic
narration, on top of them.”7
Samuel Ong
The foregoing story is authenticated on its major points by former NBI Deputy
Director Atty. Samuel Ong himself, the man who went public on June 10, 2005 with
the “mother of all tapes” on the heels of the June 6, 2005 press conference at which
Presidential spokesman Bunye had presented the tale of the two tapes.8
Following this June 10 exposé, the PNP charged Ong with serious illegal
detention, i.e., that he had kidnapped and detained T/Sgt. Vidal Doble at the San
Carlos Seminary. A warrant of arrest was subsequently issued. To counter the
charges, Ong executed an affidavit, dated August 10, 2005, which affidavit he later
submitted by letter to the Senate Committee on National Defense and Security at the
hearing of December 8, 2005.
Illegal Detention Charges Against Samuel Ong
In this affidavit, Ong recounts how he learned that the ISAFP had wiretapped
telephone conversations between Garcillano and President Arroyo showing the rigging
of the 2004 presidential elections in favor of Arroyo; how T/Sgt. Vidal Doble, a member
of the ISAFP wiretapping team, had given him copy of these tapes; how he gave
donations amounting to P1 million for Doble’s security; and how, thereafter fearing for
their lives, he, Doble, Santiago (the ISAFP intermediary), and Marieta Santos (who
7
“The Tale of the Tangled Tapes,” Sheila Coronel, PCIJ i Report Special Edition (Year 2005)”
8
It was at this press conference that Spokesman Bunye announced the existence of a “destabilization plot” arising
from tape recordings of genuine conversations between President Arroyo and a “political leader” which were spliced
to make it appear that they were rigging the 2004 elections. [Please see June 6, 2005 in timeline under “Continuing
and Continued Deception and Cover-Up”]
17
turned out to be Doble’s girlfriend) had sought sanctuary at the San Carlos Seminary.
In this affidavit likewise, he vigorously refutes the charge of the PNP that he had
kidnapped ISAFP T/Sgt. Vidal Doble.
Because of their crucial nature, we reproduce the contents of the affidavit of
former NBI Deputy Director Atty. Samuel Ong in their entirety:
Affidavit of former NBI Deputy Director Atty. Samuel Ong dated August 10,
2005, submitted to the Senate, wherein he recounts how he learned that the
ISAFP had wiretapped telephone conversations between Garcillano and
President Arroyo showing the rigging of the 2004 presidential elections in favor
of Arroyo; how T/Sgt. Vidal Doble, a member of the ISAFP wiretapping team,
had given him copy of these Garci Tapes; how he gave donations amounting to
P1 million for Doble’s security; how, thereafter fearing for their lives, he, Doble,
Santiago (the ISAFP intermediary), and Marieta Santos (who turned out to be
Doble’s girlfriend) had sought sanctuary at the San Carlos Seminary through
the help of Bishop Teodoro Bacani.
“1. I am one of the respondents in IS No. 2005-685, which is a case
of Serious Illegal Detention filed directly with the Department of
Justice by the Criminal Investigation and Detention Group of the
PNP.
2. I thoroughly read the affidavit of complainant Vidal Doble, Jr. of
June 21, 2005 and his allegations therein, particularly pars. 5, 6, 7, 8, 9,
10, 11, 12, 16, 17, 19, 20, 21 and 22 and I hereby categorically state
and affirm that they are either totally false or grossly inaccurate.
3. The true and correct events are as follows:
4. Sometime in the first week of March 2005, Mr. Angelito Santiago
(Lito), a personal friend and aide when I was with the NBI, informed me
that a close friend of his who works at the Intelligence Service of the
Armed Forces of the Philippines (ISAFP) by the name of Vidal Doble told
him during one of their outings that he had a tape recording that he
wanted to give him.
5. A few days later, Lito handed to me a tape with markings on it. When
we played the tape, I was shocked to hear the voice of a woman
which sounded like that of Pres. Arroyo talking to another man
concerning manipulation of election results. I asked Lito to ask
Doble who took the recording but Lito told me that Doble already
informed him that it was he and other ISAFP Agents who wiretapped
the calls made to Commissioner Garcillano of Comelec and that
several of the calls were those of Pres. Arroyo.
6. Sometime later, Lito told me Doble confided to him that the ISAFP is
equipped with highly sensitive monitoring equipment that can wiretap
telephone and cell phone conversations.
18
7. Also, according to Doble, there were 14 of them assigned to
wiretap conversations of some personalities especially some
opposition personalities and even government officials and that one
of such officials was Comelec Commissioner Garcillano whose cell
phone number was provided to them by their boss.
8. Lito also informed me that after Doble gave the tape to him, Doble
expressed concern about his family in case something happened to him
because of his act of releasing the tape to us. Considering the sensitive
nature of his revelation and the risk he took, I contacted some good
Samaritan friends of mine to help provide him and his family with
financial assistance, I was elated when they were able to raise P1 Million.
9. On May 6, 2005, I met Doble and Lito at Borromeo Grill along
Borromeo St. in Quezon City. During our meeting. I asked him why he
decided to give the tape to me considering that this was classified
material and he said that he considered it a civic duty to exposé what he
thought was an illegal and immoral act on the part of the President of the
Philippines and a Commissioner of the Commission on Elections.
10. Because of my plan to make the tape public, I asked Doble to take a
leave of absence from ISAFP. Since we were fearful of Doble's and my
security, Doble agreed to have a video taken in a QC Hotel where I was
temporarily billeted. We proceeded to the Hotel and during the video
recording, Doble narrated the circumstances behind the taking of the
tape recording and his entrusting the tape to me through Lito. With
Doble at the time were his brother and his wife, whom he introduced to
me as Mayet. After the video recording, I handed Doble the amount of P1
Million which, I told him, were donations from well meaning friends who
admired him for his courage and civic responsibility.
11. Because I believed I had the duty to make the contents of the tape
public since they involved public interest, I had earlier made copies of it
and one of which I sent to Sen. Tatad whom I knew had access to some
Catholic Bishops. I also sent a copy each to two ranking military officers
who are both known to me. However, I did not indicate that the tapes
came from me in view of the confidential and explosive nature of its
content. Before taking steps to make the tape public, I had to look for
someone who could arrange for sanctuary for us and Mr. Doble.
12. Sometime after, I was introduced to Rez Cortez who, I was told
personally knew prominent bishops and priest. Cortez brought us at the
Sto. Domingo Church as a sanctuary. Lito, Doble, Mayet and I stayed
there overnight.
13. The following day, Rez Cortez and Sen. Tatad arranged for my
meeting with Bishop Bacani for me to reveal what I knew about the
tapes.
19
14. On June 9, 2005, Sen. Tatad and Rez accompanied me to the
San Carlos Seminary. Sen. Tatad and Cortez first briefed Bishop
Teodoro Bacani. Later, I was ushered to a room where I revealed to
Bishop Bacani that the tape was indeed given to me by Doble
through Lito. The revelation was caught by video through Rez
Cortez.
15. After my meeting with Bishop Bacani, I returned to my safe house in
Quezon City.
16. Through the efforts of Rez Cortez, arrangements for us to be
accommodated in the San Carlos Seminary were finalized on June
10, 2005. I, therefore, called Lito and instructed him to fetch Doble
and Mayet and bring them to the San Carlos Seminary located along
EDSA in Guadalupe, Makati.
17. I arrived at the San Carlos Seminary at around 4:00 P.M. on June
10, 2005. At the front of the dormitory building where I waited to be
brought to my room, a GMA van arrived and I saw reporter Arnold
Clavio. He approached me and requested me to join him inside the GMA
van for an interview. I joined him inside the van and he proceeded to
interview me over radio station DZBB.
18. Afterwards, I was informed that arrangements have earlier been
made for me to appear at a televised press conference at the
Metropolitan Club nearby. Mr. Clavio then brought me to the
Metropolitan Club where I made a televised statement concerning
the tape recording given to me by Doble.
19. After my televised statement, Arnold Clavio brought me back to San
Carlos Seminary where I was given a room at the second floor that
housed the San Carlos offices and dormitory.
20. When I went up to the room I was informed that Doble and
Mayet were also billeted in a room on the second floor. Lito was
also provided with his own room.
21. I talked to Lito and Doble several times during our three-day
stay at the dormitory but I was not able to talk with Mayet.
22. On the first day, Doble and Mayet went to take their dinner at
the dining room. Thereafter, Lito often brought their food and
water to their room.
23. During our stay there, I also saw Mayor Binay, Susan Roces,
Sen. Serge Osmeña and other known personalities and they asked
me questions about the tape in the presence of Bishop Bacani and
another priest of the seminary.
24. I categorically deny the claim of Doble that I had any armed
20
men at the San Carlos Seminary guarding him. The only man I had
there was Lito who is a buddy and close and long-time friend of
Doble. In fact, neither Lito nor I was armed while Doble brought
with him his 45 caliber pistol because he said he needed it to defend
himself against anyone that might be sent by Pres. Arroyo or the
First Gentleman to liquidate him because of what he did.
25. Doble and all of us were free to roam along the corridors and vicinity
of the dormitory as, in fact, we had conversations among ourselves and
sometimes with some priests at the reception area located at the corridor
of the second floor. I also did not notice any security personnel of Mayor
Binay in the area as the only other male persons I saw in the building
are Bishops Bacani, some priests and office personnel of the San Carlos
Seminary who hold office at the ground floor of the building.
26. On the night of June 12, 2005, Lito left the San Carlos Seminary.
27. Sometime around 12-1 P.M. of June 13, 2005, I was told that
Doble was fetched by Bishop Socrates Villegas from the San Carlos
Seminary upon the request of the woman claiming to be Doble’s wife
and their two children who were supposedly at the main entrance to
San Carlos Seminary.
28. I was then brought out of the seminary by Bishop Bacani and other
bishops and taken to a safe house in the south.
29. In further support of the foregoing, attached as Annexes A and B
hereto and made integral parts hereof are the affidavits of Bishop
Bacani and Marietta Santos.” (emphasis supplied)
The criminal case for serious illegal detention against Samuel Ong and Rez
Cortez was dismissed last April 20, 2006 by the Makati Regional Trial Court, where it
was filed by the Department of Justice following the charge of the PNP. In dismissing
the case, Branch 139 Presiding Judge Benjamin Pozon declared: “After personally
evaluating the [DOJ] resolution and the evidence…this court finds no probable cause for
the issuance of warrant of arrests against the accused.”
The dismissal by the Makati court signifies that police authorities had no basis
to accuse Ong of anything in the first place. To us, this confirms that the leadership
of the police authorities in this country deliberately allowed themselves, and thereby
their foot soldiers, to be used to harass Samuel Ong into silence.
Marieta Santos
We note that the testimonies under oath of Marieta Santos before the Senate
coincide with and affirm the foregoing story of Ong on very crucial points. In her said
Senate testimonies, Santos categorically --
21
(a) affirmed the truth of the story of Samuel Ong that he is in possession of the
“mother of all tapes” (i.e., the Garci Tapes) because they were given to him by
ISAFP personnel T/Sgt. Vidal Doble;
(b) stated that the said T/Sgt. Vidal “Jeff” Doble, her boyfriend at the time,
admitted to her that he was among the ISAFP MIG 21 personnel who had
worked on the wiretapping of Virgilio Garcillano’s conversations with President
Arroyo; that in fact she was able to enter the ISAFP’s Blue Room where, Sgt.
Doble and other ISAFP personnel admitted, they did the wiretapping of
Garcillano; that she personally saw the special equipment used for wiretapping
cellphones, like Garcillano’s;
(c) stated that her boyfriend T/Sgt. Vidal Doble admitted to her that he will give
the tapes containing the wiretapped conversations about election fraud between
President Arroyo and Garcillano (i.e., the “Garci Tapes”) to Angelito Santiago9,
who will give it to (former NBI Director) Samuel Ong, who in turn will make the
same public on June 5, 2004; that they were all together when she did see her
boyfriend T/Sgt. Vidal Doble get the tapes out of MIG 21, ISAFP Compound,
Camp Aguinaldo and deliver the same to Angelito Santiago, which the latter in
turn gave to (former NBI Director) Samuel Ong;
(d) through her positive familiarity with them, identified the voice, names and
faces (from photographs) of several ISAFP personnel involved in the wiretapping
that resulted in the “Garci Tapes;” and
(e) recounted how her boyfriend T/Sgt. Vidal Doble had received from Samuel Ong
at the Imperial Palace Suites an amount which Santiago said was P2 million,
after Ong had received the tapes from Doble and after he (Doble) was videotaped
exposing the ISAFP wiretapping.
We quote the statements of Marieta Santos to the Senate under oath on December
8, 2005 and January 19, 2006:
Testimony of Marieta Santos under oath before the Senate Committee on
National Defense and Security, December 8, 2005 -- confirming the story of
Samuel Ong re the origin of the Garci Tapes
“THE CHAIRMAN. Ang unang tanong pala, bakit kayo nandito ngayon?
MS. SANTOS. Narito po ako ngayon dahil po nakita ko po si Atty.
Sammy Ong sa TV kahapon, naawa po ako sa kanya dahil
biktima–biktima siya ng maruming labanan. Gusto ko lang po
siyang tulungan dahil alam ko po ‘yong nangyari, gusto ko pong
9
Santiago was then the driver of Samuel Ong, according to the Philippine Center for Investigative Journalism (“The
Tale of the Tangled Tapes,” Sheila Coronel, PCIJ i Report Special Edition (Year 2005)”
22
sabihin sa lahat na wala po silang kasalanan, pare-parehas lang
pong biktima.
THE CHAIRMAN. Ms. Santos, ang hinahanap natin dito ngayon ay sino
ba at saan nanggaling… Saan nanggaling ‘yong tape na sinasabing
nasa possession ni Atty. Ong, ano? Mayroon ka bang nalalaman
patungkol dito sa-- saan ba nanggaling itong tapes na ito?
MS. SANTOS. Sa pagkakaalam ko po, ito po ay binigay ni Technical
Sgt. Vidal Doble kay Angelito Santiago buwan po ng February –
hindi ko na po matandaan kung anong date. Tapos po,
ibinigay po ni Angelito Santiago kay Atty. Ong, tapos inilabas
po nila. Ito po ay galing sa loob ng ISAFP Compound, MIG
21…
MS. SANTOS. Nakakapasok po kasi ako sa loob ng MIG 21. Sinabi
niya po sa akin na mayroon nga daw pong tape na ilalabas sila
nina Lito Santiago at saka ni Atty. Ong.
THE CHAIRMAN. Sinabi ba niya kung ano ‘yong tape na ‘yon,
patungkol saan ‘yong tape na ‘yon?
MS. SANTOS. Tungkol po sa nangyaring dayaan noong nakaraang
election.
THE CHAIRMAN. Nasabi ba niya kung sino ‘yong mga na-ano,
nasabit doon sa dayaan na ‘yan, o sino ‘yong mga kasama
doon sa dayaan?
MS. SANTOS.
Dalawang tao lang po ‘yong nabanggit niya sa akin.
THE CHAIRMAN. Puwede mo bang sabihin kung sino ‘yong
dalawang tao na ‘yon?
MS. SANTOS. Si Garcillano po, Virgilio Garcillano at saka si PGMA
po.” (Marieta Santos, t.s.n., Senate Committee on National
Defense and Security, December 8, 2005, pp. 3 to 5, II-1, 10:14
a.m.; emphasis supplied)
SEN. PIMENTEL. All right. So, anyway, ‘yung tape na pinag-usapan
o ‘yung the tape that you are talking about, nakita mo ba ‘yun
talaga? Did you see it yourself?
MS. SANTOS. Opo.
SEN. PIMENTEL. Saan?
MS. SANTOS. Sa loob po ng sasakyan ni Lito Santiago. Doon niya
po sakin ibinigay’yun.
SEN. PIMENTEL. Okay, pero ‘yung tape na ‘yun ay nakuwan ba
ninyo was it played? In other words, kasi marami namang tape
23
ano, pwede kang makakita ng tape pero ang laman noon ay iba
‘yung pinag-usapan natin? Paano mo ngayon masabi sa Komite
na ‘yung tape na ‘yun ay ‘yun na nga ang may conversation si
President Gloria Macapagal Arroyo at si Garcillano. I mean,
paano naming mapaniwalaan na ‘yun na nga ang dine-describe
mo na tape?
MS. SANTOS. Pliney (play) po kasi nila sa akin sa harap ko ‘yun.
Pinarinig nila sa akin. May narinig po akong isang boses ng
babae at saka isang boses ng lalake.
xxx
xxx
xxx
THE CHAIRMAN. Marieta, si Doble assigned sa MIG 21?
MS. SANTOS. Opo, Your Honor.
THE CHAIRMAN. Papaano niya nasabi sa inyo kung nasabi man niya
na papaano niya nakilala na ‘yung nag-uusap na babae at
lalake ay si PGMA at saka si Garcillano. Paano niya nalaman
na sila na nga ‘yun?
MS. SANTOS. Kasama po kasi siya sa trumabaho noon, na
nagtrabaho noon.
THE CHAIRMAN. Ang ibig sabihin si Doble ay isa doon sa
nagtrabahong mag-wiretap?
MS. SANTOS. Opo, Your Honor.
THE CHAIRMAN. Paano mo alam iyan na totoo ‘yung sinasabi niya?
MS. SANTOS. Sinasabi niya kasi po lahat sa akin ng ginagawa niya.
Kaya po alam ko hindi siya naglilihim sa akin.” (Marieta
Santos, t.s.n., Senate Committee on National Defense and
Security, December 8, 2005, pp. 1-2; 5; 7; III-1, 10:24 a.m.;
emphasis supplied)
xxx
xxx
xxx
MS. SANTOS. Tapos po sa pananatili ko po doon, unti-unti ko pong
napatunayan na talagang doon po nanggaling ‘yung tape dahil
may mga kuwarto sila doon na hindi puwedeng pasukin eh,
medyo makulit po ako talagang naiikot ko ‘yun may mga nakikita
ko ‘yung mga bagay na hindi dapat makita, ‘yung mga equipment
na mga ginagamit nila, tapos siyempre may mga bantay po doon
pinalalabas nila ako. Sabi nila, “Hindi mo na kailangang
malaman ‘yan.” Sabi ko, “Di samakatuwid kayo talaga ‘yung
nag-wiretap.” Sabi, “Manahimik ka na lang,” ‘yun lagi na lang
sinasagot sa akin.
SEN. PIMENTEL. Okay. So ‘yung lugar na ‘yun ay ang MIG Center,
ano?
24
MS. SANTOS. MIG 21 po.
SEN. PIMENTEL. MIG 21, saang kampo ito?
MS. SANTOS. Camp Aguinaldo (ibid., Ill-I, December 8, 2005, 10:24
a.m.; emphasis supplied)
THE SENATE PRESIDENT. Paki-ulit mo nga kung sino ‘yong sinabi ni
Doble nainutusan din kagaya n’ya na trabahuhin nila si
Presidente at si Garcillano?
MS. SANTOS. Group Commander Sumayo po.
THE SENATE PRESIDENT. Si Group Commander Sumayo nautusan din?
MS.SANTOS. Opo.
THE SENATE PRESIDENT. Sino pa?
MS. SANTOS. Captain Rebong.
THE SENATE PRESIDENT. Captain Rebong nautusan din.
MS. SANTOS. Captain Sagui.
THE SENATE PRESIDENT. Captain Sagui.
MS. SANTOS. Captain 214.
THE SENATE PRESIDENT. Captain 214.
MS. SANTOS. Technical Sergeant Vidal Doble.
THE SENATE PRESIDENT. Technical Sergeant Fidel (Vidal) Doble?
MS. SANTOS. Opo. Master Sergeant Villedo.
THE SENATE PRESIDENT. Okay.
MS. SANTOS. Master Sergeant Callos.
THE SENATE PRESIDENT. Uh-huh.
MS. SANTOS. Technical Sergeant Abanto, Technical Sergeant Cando.
THE SENATE PRESIDENT. Okay. So mga siyam na tao ang inutusang
trabahuhin si Presidente at si Garcillano? Binilang ko ‘yong
binanggit mo, siyam eh.
MS. SANTOS. Fourteen po sila lahat, hindi ko na po matandaan kung
25
sino.
THE SENATE PRESIDENT. Ah 14. Labing-apat ang pinagsabihan na
trabahuhin Si Presidente?
MS. SANTOS. Opo.
THE SENATE PRESIDENT. At si Garcillano?
MS. SANTOS. Trabaho po kasi nila ‘yon eh, na mag-wiretap.
xxx
xxx
xxx
THE SENATE PRESIDENT. I see. Sinabi rin ba sa iyo ni Doble na
mayroong mga equipment, may wiretap equipment, may mga
equipment sa ISAFP na kayang mag-wiretap ng telepono at
pati cellphone?
MS. SANTOS. Mayroon po.
THE SENATE PRESIDENT. Nakita mo ba ito?
MS. SANTOS. Opo.
THE SENATE PRESIDENT. Saan mo nakita?
MS. SANTOS. Sa MIG-21 compound po, sa loob ng blue room.
THE SENATE PRESIDENT. Sa loob ng blue room. All right. Nakita mo
itong equipment na ito?
MS. SANTOS. Hindi po, pero — nakatakip po kasi. Tapos ‘yong
kuwarto talagang mahirap pasukin.
THE SENATE PRESIDENT. Pero nakapasok ka?
MS. SANTOS. Opo.
THE SENATE PRESIDENT. Kasi kilala mo sila?
MS. SANTOS. Opo.
xxx
xxx
xxx
THE SENATE PRESIDENT. At nakikita mo ang operations nila?
MS. SANTOS. Hindi naman po lahat. Nakikita ko lang po ‘yong mga
binubuhat nilang mga gamit, pinapasok doon. ‘Yong mga
labas-pasok. (ibid., p. 6, V-I, 10:44 a.m.; emphasis supplied)
THE CHAIRMAN. Ms. Santos, nakapasok ka ba doon sa loob noong,
kung saan nag-o-operate iyong operation, iyong blue room?
MS. SANTOS. Opo.
26
THE CHAIRMAN. Paki-describe mo nga kung ano iyong blue room.
MS. SANTOS. Iyong blue room po, marami po silang mga gamit doon,
madaming computers. Tapos may mga ginagamit sila doon na
hindi ko po alam kung ano iyong mga tawag doon pero
maraming equipment. Hindi ko lang po alam kung anong mga
pangalan noon. Pero kung makikita ko po sila ulit,
THE CHAIRMAN. Iyong aIin?
MS. SANTOS. ‘Yong mga ginagamit po nilang equipment, maituturo
ko po kung sakaling may picture po akong makikita, kaya ko
pong…
THE CHAIRMAN. Ipinakikita ko kanina kay Senator Enrile, heto
yang GSM cellular interceptor, GSM ano, digital. Makikilala
mo kaya kung ito ay nakita mo doon sa loob?
MS SANTOS. Opo.
THE CHAIRMAN. Puwede bang lumapit ka dito.
MS. SANTOS. Opo.
THE CHAIRMAN. Heto, itong equipment na ito, mayroon ka bang
nakitang ganito doon?
MS SANTOS. Mayroon po.
THE CHAIRMAN. Sigurado kang ito yong equipment?
MS. SANTOS. Opo. (ibid., 111-2.January 19, 2005, 12:09 p.m.;
emphasis supplied)
xxx
xxx
xxx
THE CHAIRMAN. Papaano mo masabing ito iyon?
MS. SANTOS. Kasi po nakapasok nga pa ako doon sa loob, medyo
makulit nga pa ako, natatakasan ko yang mga bantay ko.
THE CHAIRMAN. Hindi, paano mo matatandaan na — heto
halimbawa, mayroon niyan, mayroon ba iyan doon?
MS. SANTOS. Parang antenna.
THE CHAIRMAN. Ah, iyong parang antenna. Eh to?
MS. SANTOS. Mayroon din po.
THE CHAIRMAN. Eh ito?
27
MS. SANTOS. Mayroon po.
THE CHAIRMAN. Now we take note that the witness is pointing to
the picture of cellular interceptor GSM digital. Ito iyong
nasabi nga ni Senator Enrile kanina na nagkakahalaga ng
$420,000. You want to ask her question on, dito?
SEN. EJERCITO ESTRADA (J). Mr. Chairman...
THE CHAIRMAN. So, Senator Estrada.
SEN. ESTRADA (J). . . .only one question.
THE CHAIRMAN. Yes, please.
SEN. EJERCITO ESTRADA (J). I would like to address my question to
Ms. Santos. Ms. Marietta Santos, sinabi mo kanina nakapasok
ka roon sa Blue Room...
MS. SANTOS. Opo.
SEN. EJERCITO ESTRADA (J). ...kung saan ay nanduon ‘yong mga
equipment ng wiretapping.
MS. SANTOS. Opo.
SEN. EJERCITO ESTRADA (J). Ang tanong ko sa iyo, kahit ba sino ay
puwedeng pumasok doon sa Blue Room...
MS. SANTOS. Hindi....
SEN. EJERCITO ESTRADA (J). … O ‘yon lang may kaugnayan kay Vidal
Doble?
MS. SANTOS. Bawal pong pasukin ‘yong kuwarto na ‘yon. Kaya ko
lang po siya napasok dahil nga po noong paglabas namin ng
San Carlos Seminary, doon kami—duon ako inilagay sa
malapit doon sa may Blue Room na sinasabi ko. Tapos ‘yong
mga bantay ko po, pag nakakatalikod, pinapasyal—nililibot ko
‘yang buong ISAFP na 21—MIG 21.
SEN. EJERCITO ESTRADA (J). Ilang beses ka labas pasok doon sa Blue
Room?
MS. SANTOS. Bale two times lang. Natakasan.
SEN. EJERCITO ESTRADA (J). Dalawang beses. Kailan ito, noong dala
nila si Sgt. Doble sa—galing sa San Carlos Seminary?
28
MS. SANTOS. Galing kami ng San Carlos Seminaryo, tapos by June
siguro 2005. (ibid., IV-2, January 19, 2006, 12:19 p.m.; emphasis
supplied)
xxx
xxx
xxx
THE CHAIRMAN. Kaya ko naman tinatanong Mayet yan sapagkat may
lumalabas na balita na si Doble ay nabayaran...
MS. SANTOS. Opo.
THE CHAIRMAN. . . .para lumabas ni Samuel Ong?
MS. SANTOS. Opo.
THE CHAIRMAN. Mayroon ka bang nadinig na patungkol diyan?
MS. SANTOS. Meron po.
THE CHAIRMAN. Ano yung nadinig mo patungkol diyan?
MS. SANTOS. Yung binigay po sa kanyang 2 million, pero hindi ko po
nabilang kung 2 million talaga yung pera.
THE CHAIRMAN. Pero napag-usapan ninyo?
MS. SANTOS. Opo.
THE CHAIRMAN. Nakita mong ibinigay?
MS. SANTOS. Opo nakita ko pong ibinigay. Ang sabi 2 million, sabi po.
THE CHAIRMAN. Sino ang nagsabi nuon?
MS. SANTOS. Sina Lito Santiago po.
THE CHAIRMAN. Lito?
MS. SANTOS. Opo.
THE CHAIRMAN. Okay. Para saan daw naman iyon?
MS. SANTOS. Hindi ko po alam. Pa-birthday yata kay Jeff.
THE CHAIRMAN. Bah, ako nagbi-birthday rin, 70 birthday ko na walang
nagbibigay sa akin ng 2 million eh. Para ano daw iyon? Para ano
daw iyon?
MS. SANTOS. Basta lang po binigay sa kanya iyon eh.
THE CHAIRMAN. Ahuh.
29
MS. SANTOS. “P’re, para sa iyo ito.”
THE CHAIRMAN. Hindi ninyo napag-usapan kung para saan yung 2
million?
MS. SANTOS. Hindi po. Basta po, ang sabi
THE CHAIRMAN. Kung 2 million talaga?
MS. SANTOS. Opo. Basta ang sabi po ni Lito Santiago, “P’re, para sa
iyo ito.”
THE CHAIRMAN. Kailan yan nangyari?
MS. SANTOS. Sa Imperial Palace po.
THE CHAIRMAN. Ito ba, bago pa o pagkatapos na maiabot ni Doble
yung tape kay Lito Santiago?
MS. SANTOS. Naiabot na po yung unang tape, yung galing po sa
ISAFP pagkatapos po gawin yung videotape na iyan,
pagkatapos duon po binigay yung pera.
THE CHAIRMAN. Nung, syempre nung inabot ni Doble yung tape kay
Lito Santiago at kelan nagkaron ng desisyon na yung tape na iyon
ay ilabas sa publiko?
MS. SANTOS. June 5, po.
THE CHAIRMAN. June 5?
MS. SANTOS. Opo.
THE CHAIRMAN. Ang desisyon ay nagawa para ilabas na iyong tape?
MS. SANTOS. Opo.
THE CHAIRMAN. Kailan inabot yung 2 million?
MS. SANTOS. Hindi ko na po matandaan yung exact date.
THE CHAIRMAN. Pero iyon, before or after?
MS. SANTOS. By May po iyon.
THE CHAIRMAN. Ah, May pa nung ibinigay yung 2 million?
MS. SANTOS. Third week po yata ng ...
THE CHAIRMAN. Ng May?
30
MS. SANTOS. Opo. (ibid., VI-1, 10:54 am; emphasis supplied)
Testimony of Marieta Santos before the Senate Committee on National Defense
on January 19, 2006 – spontaneously identifying upon hearing them, without
prompting or hesitation, each of the voices on the Garci Tapes as those of personnel
belonging to the MIG 21 of the ISAFP.
“[PLAYING OF THE TAPES]
ANNOTATOR: Masterfik for hotel 2 (?) Today is 19 January ’04.
Conversation between two unidentified males on 1419 Hotel, January ’04.
Male 2 is using the cellphone of Mira Dumlao.
THE CHAIRMAN. Sandali, tigil muna. May gustong sabihin si Ms.
Santos?
MS. SANTOS. Kilala ko po iyong annotator, si Technical Ed Cando –
Technical Sergeant Ed Cando.
THE CHAIRMAN. Kilala mo iyong boses?
MS. SANTOS. Opo.
THE CHAIRMAN. Ngayon balik ako sa tanong? Paano mo nakilala ang
boses niya?
MS. SANTOS. Lagi ko po siyang nakakausap sa landline pag
tumatawag
ako sa ISAFP po. Pag tinatawagan ko po si Jeff, siya iyong
nakakasagot ng phone minsan.
THE CHAIRMAN.
MS. SANTOS.
Sino ba iyong Jeff?
Si Technical Sergeant Vidal Doble po.
THE CHAIRMAN. Ah, so itong boses na ito ni -- anong pangalan?
MS. SANTOS. Ed Cando.
THE CHAIRMAN. Ed Cando.Eh itong si Ed Cando, saan ba assigned ito?
MS. SANTOS. Sa 21 MIG ISAFP po.
THE CHAIRMAN. May I ask the Secretariat to mark that on the
transcript iyong sagot ni ano, iyong remarks ni Marietta. You
want to ask questions pa?
31
SEN. LIM. Thank you, Mr. Chairman. And make it of record also that
our witness, Ms. Marieta Santos, manifested immediately…
(Marieta Santos, t.s.n., Senate Committee on National Defense,
January 19, 2006, page 1, IV-1, 10:59 a.m.; emphasis supplied)
SEN. LIM. …manifested immediately her recognition of the voice.
That’s why I called the attention of the Chairman that Ms.
Marieta Santos wants to say something.
THE CHAIRMAN. Thank you, Your Honor, for that.
SEN. LIM. Spontaneous reaction after hearing the voice.
THE CHAIRMAN. Yes. Thank you. Now, can we continue with the
tapes? …
THE NARRATOR. This is the conversation between two unidentified
males on 19, 14:52 January ’04.
VOICE 1. Hello, sir.
VOICE 2. Kararating ko lang.
VOICE 1. Kumusta?
THE CHAIRMAN.
May sasabihin si Marietta.
MS. SANTOS. Kilala ko ‘yong boses. Si Kuya Ben po. Code lang
‘yon.
THE CHAIRMAN. Kuya Ben?
MS. SANTOS. Opo. Eh, code po lang ‘yon.
THE CHAIRMAN.
Sino si Ben?
MS. SANTOS. Sa MIG21 din po, ISAFP.
THE CHAIRMAN.
Ibig sabihin assigned doon sa MIG21?
MS. SANTOS. Opo.
THE CHAIRMAN. ‘Yong ISAFP.
MS. SANTOS. Kasamahan din po nila Jef.
THE CHAIRMAN.
MS. SANTOS.
Paano mo nakilala ‘yong boses niya?
Nakakausap ko din po siya.
THE CHAIRMAN.
Telepono?
32
MS. SANTOS.
Telepono po. Minsan sa…
THE CHAIRMAN.
‘Yong personal?
MS. SANTOS. Opo. (Marieta Santos, t.s.n., Senate Committee on
National Defense, January 19, 2006, pages 2-3, IV-1, 10:59 a.m.;
emphasis supplied)
NARRATOR. This is a conversation between two identified males, on 20, 1315H,
January 2004.”
MS. SANTOS. Puwedeng paki-ulit ‘yong last?
THE CHAIRMAN. Rewind. Doon sa annotator. Rewind to the annotator.
VOICE 1. Para pagpunta ko bukas malaman ko?
VOICE 2. Oho.
NARRATOR. This is the conversation of two identified males, on 20,
1315H, January 2004.”
MS. SANTOS. Clemente po.
THE CHAIRMAN. Clemente ang apelyedo?
MS. SANTOS. Clemente po.
THE CHAIRMAN. Hindi, anong apelyedo?
MS. SANTOS. Ayon na po ‘yon.
THE CHAIRMAN. Ah, Clemente. Eh ‘yong first name?
MS. SANTOS. Hindi ko po alam kasi ang tawag po sa kanya “Clemens.”
“Yon po ‘yong apelyedo niya, Clemente.
THE CHAIRMAN.
MS. SANTOS.
Uh-huh. Pero sigurado ka boses ng Clemente ito?
Opo.
THE CHAIRMAN. Madalas mo ba siyang makausap?
MS. SANTOS. Naging escort ko po siya nang nadoon ako sa loob ng
ISAFP.
THE CHAIRMAN. Oh, may escort ka pa noon?
MS. SANTOS. Opo, tatlo po.
33
THE CHAIRMAN. Oh, tatlong escort mo?
MS. SANTOS. (Laughter) Hindi po. Noong kinuha po nila kami doon.
THE CHAIRMAN. Ah, okay. (Marieta Santos, t.s.n., Senate Committee
on National Defense, January 19, 2006, pp. 8-9, IV-1, 10:59 a.m.;
emphasis
supplied)
ANNOTATOR. “Today is 27 January, ’04, conversation between Mira and
unidentified female on 1055 Hotel.”
THE CHAIRMAN. Ms. Santos.
MS. SANTOS. 215 po.
THE CHAIRMAN. Ano?
MS. SANTOS.
215.
THE CHAIRMAN.
MS. SANTOS.
Bakit numero ‘yung sinabi mo?
Eh, ‘yun po ‘yung code n’ya.
THE CHAIRMAN. Ah, code.
MS. SANTOS. Opo.
THE CHAIRMAN. Pero makikilala mo ‘to ‘pag nakita mo?
MS. SANTOS.
Opo.
THE CHAIRMAN. Okay. 215, sino ‘yan? Ano s’ya?
MS. SANTOS. Captain po yata. Hindi ko po alam. Basta ang ano, eh
kasunod po sila nina Captain Rebong kasi si Captain Rebong po
213, 214, 215, meron pong gano’n.
THE CHAIRMAN. O, bakit puro numero ‘yan?
MS. SANTOS. Eh, ‘yun po ‘yung mga code nila.
THE CHAIRMAN. Okay. 215 ito.
MS. SANTOS. Opo.
THE CHAIRMAN. Okay. Makikilala mo ito kung makikita mo s’ya?
MS. SANTOS.
Opo.
SEN. ENRILE. Ano si Rebong? Anong - - what number ni Rebong?
34
MS. SANTOS. Po?
SEN. ENRILE. Anong code number ni Rebong?
MS. SANTOS. 213 po. (Marieta Santos, t.s.n., Senate Committee on
National Defense, January 19, 2006, (pages 6-7, VI-1, 11:19 a.m.;
emphasis supplied)
THE CHAIRMAN. Paano mo nakikilala ‘yung mga boses nito?
MS. SANTOS. Lagi ko po kasi silang nakakausap. ‘Pag tumatawag
nga
po ako sa phone kay Doble sila po ‘yung sumasagot. ‘Pag
minsan
pag lumalabas po sila dun sa may Aguinaldo, eh, malapit lang
po
dun ‘yung dati kong tininitirhan tapos tatawagin nila ako,
“Mayet,” kakausapin nila ako ng konti, kuwentuhan.
SEN. ENRILE. Ano’ng ranggo ni Doble?
MS. SANTOS. Technical Sergeant po.
SEN. ENRILE. Eh, bakit ‘yung mga opisyal, eh under ni Doble, gano’n
ba?
MS. SANTOS. Hindi po.
SEN. ENRILE. O, si Doble under them.
MS. SANTOS. Under po si Doble.
SEN. ENRILE. Sa kanila?
MS. SANTOS. Opo.
SEN. ENRILE. Eh, bakit ikaw ang tinatawagan ng mga opisyal na
‘yan?
MS. SANTOS. Hindi po. ‘Pag may time na gusto kong kausapin si
Doble, tumatawag po ako dun sa opisina nila.
SEN. ENRILE. Sila ang sumasagot hindi si Doble?
MS. SANTOS. Opo. Kasi tinatawag nila, minsan nasa labas ng
opisina,
tatawagin po nila. Tapos habang tinatawag nung ibang tao
nila,
kuwento-kuwento po muna, “O, kumusta na d’yan?”
35
SEN. ENRILE. Ano ba ang organization ni Doble? Saang organization
s’ya kasama?
MS. SANTOS. Sa 21 Mig ISAFP po. (t.s.n., Senate Committee on National
Defense, January 19, 2006, pp. 11-12, VI-1, 11:19 a.m.; emphasis
supplied)
Testimony of Marieta Santos before the Senate Committee on National Defense
and Security on January 19, 2006 – readily identifying ISAFP MIG 21 personnel
when shown photographs of them
“SEN. ENRILE. Office uniform, with blue pants. On this first picture,
Marieta Santos marked the Body of Sergeant Doble of MIG-21
and a certain Technical Sergeant…(t.s.n., Senate Committee on
National Defense, January 19, 2006, p. 6, VII-1, 11:29 a.m.;
emphasis supplied)
SEN. ENRILE. … and a certain Technical Sergeant Villeza whose face
appears and body appears behind the picture – behind the body in
the photograph of Technical Sergeant Doble.
The second picture, Ms. Marieta Santos marked in red ballpen,
the likeness of a certain person going under the alias “Pitatot”
and the likeness of a certain person marked by Ms. Marieta
Santos as Technical Sergeant Doble of MIG-21 and the likeness of
a person marked by Ms. Marieta Santos as Technical Sergeant
Abanto of MIG-21.
And the third picture is a group picture of men, some of them are
without any shirt. And in this picture Ms. Marieta Santos marked
the likeness of a person which she named as Sergeant Velasco of
MIG-21 and another person whose likeness appears here as
Master Sergeant Villedo.
And the fourth picture which is actually a scene representing
people bathing in the sea including Ms. Marieta Santos. She also
marked the likeness of a person identified by her as Technical
Sergeant Villedo.
THE CHAIRMAN. Doble.
SEN. ENRILE. Doble rather, Doble.
THE CHAIRMAN. So, the Secretariat is ordered to take custody of these
exhibits and be filed together with the other documentary pieces of
evidence so far submitted to the committee.” (t.s.n., Senate
36
Committee on National Defense, January 19, 2006, p. 1, VIII-1,
11:39 a.m.; emphasis supplied)
SEN. ENRILE. Ito ‘yong Dave — may I see the picture, please? (Secretariat)
THE CHAIRMAN. Ito ‘yong Dave na driver ni Colonel Sumayo?
MS. SANTOS. Opo.
SEN. ENRILE. Ito ‘yong Dave na nasa first picture, hindi ba?
MS. SANTOS. Opo.
SEN. ENRILE. So, this is Dave in the first picture na minarkahan mo?
MS. SANTOS. Opo.
SEN. ENRILE. Opo. At ito ‘yong driver ni...
MS. SANTOS. Colonel Sumayo po.
SEN. ENRILE. Group Commander of MIG-21, Sumayo?
MS. SANTOS. Opo. (ibid., Sntupaz,VIII-1,
11:39A.M.; emphasis supplied)
In addition, Marieta Santos submitted a sworn statement to the said Senate
Committee, authenticating a myriad of details in the story of Samuel Ong, disputing,
like Ong did, the charge of the PNP that Ong had kidnapped ISAFP T/Sgt. Vidal Doble,
and even attesting that she and Doble were made to sign statements at the ISAFP
office which were untrue. Quite strikingly, Marieta Santos recounted in her affidavit
the fact that Doble had received a call from his wife Arlene, who told him to come
back, as she and their children had been picked up by the ISAFP from Kidapawan,
North Cotabato.
Affidavit of Marieta Santos dated July 23, 2005, submitted to the Senate
Committee on National Defense and Security, corroborating the sworn statement of
Ong, affirming Doble as the source of the Garci Tapes; confirming his videotaped
admission thereof at the Imperial Hotel (as voluntary, contrary to statements that the
ISAFP had forced her and Doble to sign at the ISAFP office and contrary to the reenactment that Doble was forced to execute); disclosing her having sought sanctuary
at the San Carlos Seminary with Doble, Ong, and Santiago for fear of their lives
following Ong's exposé; declaring that the PNP's charge that Ong kidnapped Doble is
untrue; and recounting the statements of Doble's wife on the speakerphone as well as
Doble's report from her that the ISAFP had picked up their family from North Cotabato
as leverage -"1. I am the "girlfriend" of Vidal Doble y Dayola and stayed with him
at the San Carlos Seminary from June 10, 2005 until June 13, 2005;
xxx
xxx
xxx
2. Sometime in April 2005, Lito Santiago (hereinafter "Lito," for brevity)
fetched Vidal Doble (hereinafter "Jeff'), his brother Rey Doble (hereinafter
"Rey") and me near the corner of Camarilla Street and 15th Avenue,
Cubao, Quezon City, and drove us to Salakot, a restaurant along Timog
Avenue in Ouezon City;
3. We had breakfast at the said restaurant, after which Atty. Samuel
Ong (hereinafter "Atty. Ong") arrived and talked with Jeff for a short
while about the cassette tape which Jeff had previously handed to
37
Lito. Atty. Ong … told us to meet him at the Imperial Suites, a hotel
at the corner of Timog Avenue and Tomas Morato Extension in
Quezon City;
4. Lito drove us to the said hotel and led us to a room on the fifth (5th)
floor. After a short while, Atty. Ong joined us in the room. Atty, Ong, Lito
and Jeff talked about taping a video explaining how Jeff obtained the
cassette which he previously gave to Lito. Then, Lito took a video of
Jeff while the latter talked about the cassette tape which was taken
from the files of the Intelligence Service of the Armed Forces of the
Philippines {ISAFP};
5. Contrary to statements contained in affidavits which Jeff and I
were made to sign at the ISAFP office shortly after we were brought
there and contrary also to the "re-enactment" stage-managed by
Criminal Investigation and Detection Group National Capital Region
(CIDG-NCR) Chief, Sr. Insp. Asher A. Dolina, no pictures or profile of
Jeff's family was shown to him. Neither was any threatening word or
gesture uttered or made by Atty. Ong or Lito. In fact, the mood in
the room was friendly, and Lito and I even joked around;
6. In the morning of Friday, June 10, 2005, Lito drove Jeff and I to the
San Carlos Seminary In Makati, where we arrived between 12:00 noon
and 1:00 p.m. We were informed that Atty. Ong was to make public the
cassette tape, and that staying in the San Carlos Seminary would assure
our security...
xxx
xxx
xxx
8. After chatting wlth us for a short while, Bishop Bacani and Rez Cortes
told us to feel at home and left us. Jeff, Lito and I walked around the
compound, then, sat in the reception room and watched television. At
mid-afternoon, we tuned in to the news channel while Atty. Ong delivered
a televised statement concerning the cassette tape, from the Metropolitan
Club in Makati;
xxx
xxx
xxx
10. Between 7:00 and 8:00 p.m. of the same day, as Jeff and I were
walking along a corridor upstairs, I noticed a familiar face and told Jeff
that I had seen that man before. Jeff looked around and told me that
the person behind us was an ISAFP agent. At that instant, I noticed
Bishop Bacani running up the stairs and shouting "Jeff, may
nakapasok. May ibang tao!;"
11. Jeff and I rushed downstairs and looked for Lito. After hearing
what had just happened, Lito suggested that we transfer from room
to room during our stay, as it would be safer for us that way. Lito
then led us back upstairs and brought us to another bedroom;
12. In our new room, Jeff inquired about our safety, Lito replied that
"Huwag kayong matakot. Nagpadala na ng security si Mayor Binay
para bantayan tayo. Nagbabantay na ang dalawa sa ibaba."
38
13. For the duration of our stay and to ensure our safety, Atty. Ong,
Bishop Bacani and Lito were the only persons allowed inside our
room. We were, however, free to go wherever we wanted. Thus, I
would periodically go downstairs to the kitchen and get food for Jeff and
me. Downstairs, I conversed several times with Ate Demy, who was the
seminary cook, and with Bishop Bacani's driver. Contrary to the sworn
statements which Jeff and I were made to sign, Atty. Ong had no
other men in the compound except for Lito, and at no time were our
movements restricted nor were we ever prevented from leaving our
room. In fact, Jeff had his gun with him. We were also free to
communicate with the outside, as in fact we did, as we had our
cellular phones with us at all times;
14. It is also not true that our movements were closely monitored
and guarded, nor we followed by armed men even to the extent of
accompanying us to the comfort room. The truth is that the comfort
rooms were inside the rooms which we occupied; hence, it would not have
been possible for anyone to accompany us there. The only guards I saw
were downstairs and were sent there to ensure our safety:
15. On Monday, June 13, 2005, between 10:30 - 11 :00 a.m., Jeff
received a call from his wife Arlene on his cellular phone, which
conversation I heard, as Jeff's speakerphone was on. I heard Arlene
say, "Dad, kung itutuloy mo iyan, kalimutan mo na kaming pamilya
mo. Di bale na ako, pero isipin mo yung mga bata." Immediately
after that conversation, Jeff looked troubled and told me that his
wife and children were taken by the ISAFP from Kidapawan City in
North Catabato and were being held in Manila as leverage to try and
persuade him to go with them. Jeff then said that he had to leave the
seminary soon, as his children were in danger. He asked if I could stay
behind, to which I replied, "Anong gagawin ko dito?;"
16. A short while later, Bishop Bacani entered our room and asked if Jeff
and I were married, as he had heard a woman over the radio, claiming to
be Jeff's wife and asking him to surrender to the ISAFP. Jeff and I
answered that we were not married, to which Bishop Bacani replied.
"Naku, mai-iskandalo ang mga pari niyan." He then asked if it was true
that we were kidnapped we answered that we were not. Ang sabi ko
pa, "Nandito po kami para proteksyonan kami. Nanganganib po kasi
ang buhay namin" Bishop Bacani then said that it was not proper for an
unmarried couple to be in the seminary, and brought me to the seminary
kitchen where he said, "Makipag-kwentuhan ka muna diyan."
Bishop Teodoro Bacani
As earlier mentioned, Bishop Teodoro Bacani likewise submitted a sworn
statement to the Senate Committee on National Defense and Security chaired by
Senator Biazon, confirming Ong’s story regarding their having sought sanctuary at the
San Carlos Seminary, through his (Bishop Bacani’s) help, together with Doble,
39
Santiago and Santos, for fear of their lives, following Ong’s June 10 exposè of the
Garci Tapes.
Committee Chairman Senator Biazon noted as follows:
“Mr. President, for the record, the materials that had been so far
mentioned and now is being entered into the record of the proceedings,
and will be remanded to the custody of the secretariat, Mr. President,
had been transmitted by a handwritten letter from Samuel Ong—again,
for the record.
And I would like to read this, and this is dated 30 November 2005, and
the letter reads as follows:
COMMITTEE ON NATIONAL DEFENSE AND SECURITY
BRH Gonzales
“Sir:
In connection with the ongoing Senate inquiry into the Hello
Garci tapes, I am transmitting herewith the following, to wit:
1. Reproduction copies of the two Hello Garci tapes, master tapes, and...“
This is the tape, Mr. President, and I am entering into the record and
asking for custody of the secretariat.
Second is the transcript of the same.
There is a transcript of this duly noted by Mister or Atty. Ong.
Third, photocopies of four affidavits—the affidavit of Mr. Ong, the
affidavit of Mr. Angelito Santiago, the affidavit of Marieta Santos and the
affidavit of Bishop Teodoro Bacani.”
Now, all of these affidavits have something to do with tracing the
origin of the tapes. And I ask that this be entered into the records,
Mr. President and members of the Committee. And when the affiants
come to the hearings, we will discuss this, but we have this already on
record.
Again, in summary, all of these affidavits are pointing to the declaration
that the source of the so-called “mother of all tapes” is ISAFP. And this
was given to Atty. Ong, through Lito Santiago by Technical Sergeant
Doble, and we hope that Technical Sergeant Doble will, one day, be able
to come and testify to discuss this, and all the other affiants who
submitted their affidavits to the committee.
Again, in summary, all of these affidavits are pointing to the
declaration that the tapes come from or came from ISAFP, through
Technical Sergeant Doble, through Mr. Angelito Santiago, and then,
40
ending in the possession of Atty. Samuel Ong, Mr. President,
members of the committee and ladies and gentlemen.” (t.s.n., Senate
Committee on National Defense, VIII-1, December 8, 2005 11:14 A.M.
2; emphasis supplied)
Due to its credibility and significance, we reproduce Bishop Bacani’s affidavit in
its entirety.
Affidavit of Bishop Teodoro Bacani dated August 15, 2005, submitted to the
Senate – affirming the story of Samuel Ong regarding the latter’s having voluntarily
sought sanctuary, together with T/Sgt. Doble, Angelito Santiago and Marieta Santos,
at the San Carlos Seminary through his (Bishop Bacani’s) help and the intercession of
Rez Cortez, for fear of their lives after Ong’s June 10, 2005 exposé of the Garci Tapes,
and contradicting the PNP’s charge that Ong kidnapped T/Sgt. Doble -“I, BISHOP TEODORO C. BACANI JR., Filipino. of legal age, and
presently residing at Bahay Pari, San Carlos Formation Complex,
Guadalupe, Makati City, after being duly sworn hereby depose and state
that:
1. On June 10, 2005, Mr. Rez Cortez requested me to give
sanctuary to former NBI Deputy Director Samuel Ong and another
person after a projected press conference to be held somewhere.
Considering the importance for the national interest of what Mr.
Ong was to reveal, I favorably considered the matter. After
consulting with the director of Bahay Pari, and getting his consent,
I agreed to do so.
2. Later in the afternoon of the same day, I learned to my surprise that
Mr. Ong was being interviewed in a van outside Bahay Pari by Mr. Arnold
Clavio.
3. In the meantime I noticed a man and a woman standing in the lobby
of Bahay Pari. After the departure of the van Mr. Ong was being
interviewed, I learned that the man was the other person I was requested
to give sanctuary to. Presuming that the woman was his wife, since they
were so familiar with each other, I had them brought to a room in Bahay
Pari. In no way did they show any sign that they were coerced to come,
especially since Mr. Ong had gone away.
4. Much later, Mr. Ong arrived and I also had him brought to a room
of his own far away from the room of the couple, whom I later to
know later was a certain Sgt. Doble and Marietta Santos.
5. At dusk, I was disturbed to learn, that an unknown man, not a
resident of Bahay Pari was seen inside our premises. We tried to get
hold of the man but he escaped. Fearing harm for the couple, I
rushed to their room and relieved to find that they were safe, Sgt.
Doble said he recognized the man, but it seemed the man did not
41
recognize him in the dark.
6. Sgt. Doble and his companion mostly kept to their room and there did
not seem to be any direct contact between him and Mr. Ong or Mr.
Cortez, the latter two having kept to their side of the house, while Sgt.
Doble and his companion kept to their room. Once in while I would
check on Sgt. Doble and Marietta to find out if they were alright. At
no time did they ever intimate to me in any way that they were
being detained against their will. Marietta even ventured at least
once to come and get food from our refectory. They feared rather
that government forces might get them, and so they even
transferred to another room where they would not be exposed (I was
told) to sniper fire or observation from the neighboring buildings.
7. On June 11, I bade goodbye to Sgt. Doble and told him that I
would be going to somewhere to officiate at a wedding, and that I
would return at around noon the following day. Again, he showed
no sign that he wanted to leave Bahay Pari. That would have been a
perfect opportunity for him to leave our place and obtain his
freedom if he wanted to. I could even have even brought him out of
our place.
8. The following day, Sunday, was an uneventful. I again told Sgt. Doble
and companion that I was leaving to have dinner with my family. His
friend, Lito Santiago, asked to leave with me, and we left the premises of
the San Carlos Formation Complex uneventfully.
9. When, at around 8:00 A.M. the following morning (Monday), I was told
that the wife of Sgt. Doble was at the San Carlos Formation Complex
Gate, I confronted Sgt. Doble and Marietta, and asked them why they did
not tell me they were not husband and wife. They answered nothing.
10. When I heard allegations that Sgt. Doble was being detained
against his will, I set him apart, outside Bahay Pari, and then to San
Carlos Seminary, and then asked him to tell me if he had indeed
been detained against his will. In no way, whatsoever did he
indicate that he was detained by anybody against his will. In fact, it
would have been all to his advantage to say so if he had really been
detained. And at that time he was free to just walk out of the gate if he
had wanted to. Later on, he did leave with Bishop Socrates Villegas, who
came in to intervene.
11. While Sgt. Doble was away from Bahay Pari, Marietta Santos was
asked to leave Bahay Pari. She told me that Sgt Doble texted her,
asking her to leave because there might be some trouble. After
ascertaining from her that she could safely leave, I had her
accompanied to an exit gate. But before leaving, I interviewed her
and she repeatedly affirmed that she and Sgt. Doble were not
kidnapped. I got her to affirm the same in front of another priest
42
and another witness. She was able to leave safely, escaping
detection by government authorities.
12. It was very clear to me from the beginning of his entry in Bahay
Pari to the time that I last saw him in San Carlos Seminary after
having brought him there myself that Sgt. Doble was not detained
by Mr. Ong or other persons allied with him. In no way did Sgt
Doble signify to me or to anybody else in Bahay Pari that he was
being detained against his will. He willingly came and received
sanctuary in Bahay Pari. The ones he seemed to be wary of were the
government authorities.
13. In his room Sgt. Doble was accompanied only by Marietta
Santos. So far as I know there were no armed persons with him. In
fact, according to two persons with me in Bahay Pari, Sgt. Doble was
the one who had a gun which they saw. We had one or two security
guards around the premises, not with Sgt. Doble, but their purpose
was apparently to protect Mr. Ong and Sgt. Doble from intruders.”
(emphasis supplied)
Marieta Santos
In her December 8, 2005 testimony before the Senate, Marieta Santos reaffirmed what she stated in her July 23, 2005 affidavit, corroborating the foregoing
statements of Bishop Bacani, to the effect that she, T/Sgt. Doble, Angelito Santiago
and Ong had voluntarily sought sanctuary at the San Carlos Seminary, and that it is
not true that Ong had kidnapped Doble. She added that in fact she, Doble and
Santiago had gone to San Carlos Seminary even ahead of Ong.
Testimony of Marieta Santos, under oath, before the Senate Committee on
National Defense and Security on December 8, 2005 -- confirming that she and
ISAFP T/Sgt. Doble had voluntarily sought sanctuary at the San Carlos Seminary
(after Ong’s expose of the Garci Tapes), thereby attesting to the falsity of the PNP
charge that T/Sgt. Doble was kidnapped by Ong, and the baselessness of the warrant
of arrest against Ong following his said expose -“SEN . LIM. ‘Yung sinasabing idinimanda si Dir. Sammy Ong ng
kidnapping o grave coercion, noong kayo ba ay pumunta sa San
Carlos Seminary, pinilit ba si Sergeant Doble at ikaw na
pumunta sa San Carlos Seminary?
MS. SANTOS. Hindi po, kusang loob po kaming nagpunta ng loob ng
seminaryo.
SEN. LIM. Magkakasabay ba kayong pumunta sa San Carlos
Seminary o sino ang nauna?
43
MS. SANTOS. Nauna po kami nina Lito Santiago po, si Technical
Sergeant Vidal Doble at saka po ako, nauna po kami kay Atty.
Sammy Ong.
(tsn, Senate Committee on National Defense and Security,
December 8, 2005, pages 1-2; 5; 7; III-1, 10:24 a.m.; emphasis
supplied)
The transcripts further show Marieta Santos' explanation under oath to the
Senate as to the reason why Doble later retracted his videotaped admission (that he
was the source of the Garci Tapes, taken by Ong at the Imperial Palace Hotel) – i.e.,
the fact (according to his wife) that ISAFP had taken his wife and two children into
custody as leverage.
Testimony of Marieta Santos, under oath, before the Senate Committee on
National Defense and Security, on December 8, 2005 -- attesting to the veracity of
Doble's admission in his videotape (taken by Ong) that he is the source of the Garci
Tapes, and explaining that the reason for Doble's recantation thereof was the fact that
ISAFP had taken custody of his family -"SEN. LIM. Ngayon, magbalik tayo sa paggawa nitong video clip, saan
ba ginawa ‘yan?
MS. SANTOS. Sa Imperial Palace po.
SEN. LIM. Saan ba ‘yung Imperial Palace?
MS. SANTOS. Sa may Tomas Morato po, Quezon City.
xxx
xxx
xxx
SEN. LIM. Sino ang gumawa? Sinong kumuha?
MS. SANTOS. Sina Lito Santiago po.
xxx
xxx
SEN. LIM. Lito Santiago.
xxx
MS. SANTOS. Si Wilson po, ‘yun Chinese looking guy.
xxx
xxx
xxx
SEN. LIM. Wilson. More or less, anong nilalaman nito? Dangan kasi
maaaksaya ang panahon natin kung ipalalabas pa natin diyan, at
bakit kinunan?
MS. SANTOS. Kaya po nagkaroon niyan dahil ayaw pa pong lumabas
sana ni Jeff—Technical Sergeant Vidal Doble sa TV gusto niya
diyan muna para sabihin ‘yung totoo na isa siya sa nag-wiretap.
Sa pagkakaalala ko galing po talaga ‘yan sa tape.
SEN. LIM. Samakatuwid ang nilalaman nitong tape na ito ay ‘yung
pag-amin ni Technical Sergeant Vidal Doble na siya talaga ang
nag-wiretap?
44
MS. SANTOS. Opo.
…
SEN. LIM. Bakit biglang nabaligtad ang pangyayari nung
mapasakamay si Sergeant Doble ng ISAFP iba na ang kanyang
dinedeklara na siya ay pinilit, na diumano hindi sa kanya
galing ‘yung tape. Alin ba ang totoo?
MS. SANTOS. Ang totoo po sa kanila nanggaling iyong tape. Kaya
po siya bumaligtad dahil hinawakan po ng ISAFP ‘yung
pamilya niya, kinuha po sa Kidapawan City.
SEN. LIM. Ang ibig mo bang sabihin ‘yung pamilya ni Sergeant Doble
ang hinostage ng ISAFP kaya siya bumaligtad?
MS. SANTOS. Hindi ko po alam kung “hostage” ang tawag doon
basta kinuha po nila sa Kidapawan ‘yung asawa niya at saka
‘yung dalawang anak at dinala dito sa Quezon City, diyan sa…
(pages 3-4, V-1, 10:44 a.m.; emphasis supplied)
SEN. LIM. Eh itong huling pag-uusap ninyo, ‘yong kaninang sinabi
mo na – ano ‘yong sinabi ni Sergeant Doble sa iyo?
MS. SANTOS. Gusto n’ya na pong lumabas kaso natatakot po siya
baka daw po walang sumuporta sa kanya at saka sa pamilya
niya.
SEN. LIM. Mayroon bang nananakot sa kanya sa ISAFP?
MS. SANTOS. Takot din po siya kasi hindi daw po sila pinapayagan
na lumabas. ‘Yong huli po na nag-uusap kami, ang sabi n’ya
sa akin, kung bibigyan uli tayo ng pagkakataon nai-invite sa
Congress, ‘yong nandoon ka, si Atty. Sammy Ong at saka si
Lito Santiago, at saka si Technical Sergeant Vidal Doble, doon
daw po magsasabi na siya ng totoo.
SEN. LIM. Ah, samakatuwid, nuong tumestigo siya sa Kongreso, ay
hindi siya nagsabi ng katotohanan?
MS. SANTOS. Opo.
SEN. LIM. Kasinungalingan ‘yong kanyang testimony?
MS. SANTOS. Opo. (pages 4-7, IV-1, 10:34 a.m.; emphasis supplied)
Michaelangelo Zuce
Apart from the foregoing, there is the Senate testimony of Michaelangelo Zuce,
nephew-in-law of Garcillano himself and staff of Presidential Adviser Rufino,
categorically attesting to the genuineness of the Garci Tapes, even identifying the
45
wiretapped cellphone that he personally delivered to Garcillano for the latter’s use as
having come from Bong Pineda, which he picked up from Baby Pineda at the latter’s
Greenhills residence, already installed with a “SIM” card establishing the “hotline”
between Garcillano, Bong Pineda, President Arroyo and other politicians, and
identifying his own voice and nickname (“Louie”) and the voices of Garcillano and
President Arroyo when the Garci Tapes were played.
Testimony of Michaelangelo Zuce under oath before the joint hearing of the
Senate Committee on Public Order and Illegal Drugs, Committee on Games,
Amusement and Sports, Committee on Constitutional Amendments, Revision of
Codes and Laws, and Committee on Finance on August 3, 2005
“SEN. LACSON. …PGMA or other personalities? Are you, in fact,
testifying to the authenticity of the wiretapped
conversations?
MR. ZUCE. Opo.
SEN. LACSON. This is very important, Mr. Chairman, because to my
knowledge, Mr. Zuce is the first and only person so far that
has come out to authenticate the wiretapped conversation.
So I would like to put that on record, Mr. Chairman.” (ibid., p.
249; emphasis supplied)
“THE CHAIRMAN. …So, may we now ask Mr. Zuce. Mr. Zuce, before
we play the tapes, ano ba ang nalalaman po ninyo dito sa isyu
ng wiretapping, ‘yong telepono, halimbawa, kanino galing
‘yon, kanino ibinigay ‘yon?
MR. ZUCE. ‘Yong isang gamit na phone po ni Commissioner
Garcillano which is tinawagan po niya ako to pick up the
cellular phone na bigay po ni Bong Pineda. Sabi niya tawagan
ko daw po si Ms. Baby Pineda kung paano ko makuha ‘yong
phone which she instructed me to go to their house in
Greenhills. So noong pumunta na po ako doon to pick up the
cellular phone sa secretary niya, doon po nakuha namin ‘yong
phone. And then I noticed, ang sabi po sa akin it’s brand new
daw ‘yong cellular phone. So, noong pinikup (pick up) ko na,
bukas na po ‘yong box. So, tapos parang may ginalaw na sila
doon. So, tinanong ko kasi baka sabihin sa akin na
pinakialaman ko ‘yong phone sabi ko, “Bakit ho bukas na
ito?” Ang sabi sa akin ng secretary, “Bukas na ‘yan, nilagyan
na namin ng sim card. So, kinuha na rin namin ‘yong
number. So, doon po nagtapos and then I bring the cellular
phone to Commissioner Garcillano at his office. Doon ko po
dinala.
THE CHAIRMAN. May sim card na?
46
MR. ZUCE.
Mayroon na po. Mayroon na po.
THE CHAIRMAN. Ang ibig sabihin alam na kung ano ‘yong number
noong kinuha na ‘yon?
MR. ZUCE. Kinuha na po nila ‘yong number.
THE CHAIRMAN. So, ito ay sa iyo inabot ni…
MR. ZUCE. Noong secretary po sa…
THE CHAIRMAN. Secretary ni?
MR. ZUCE. Doon sa bahay po nila mismo, sir, ni Ginoong Pineda.
THE CHAIRMAN. Ginoong Pineda.
MR. ZUCE. Sa Greenhills po.
THE CHAIRMAN. At ang instructions sa iyo ay saan dadalhin ang
telepono na ‘yon?
MR. ZUCE. Actually po inutusan po ako ni commissioner to call Baby
Pineda kasi may ibibigay po daw na cell phone. So, tinawagan ko
si Mrs. Pineda and then she instructed me to go to their house at
Greenhills and then kunin ko daw po ‘yong cell phone doon sa
secretary nila which ‘yon po doon ko…
THE CHAIRMAN. So, binigay ito sa iyo noong secretary?
MR. ZUCE. Opo. Opo.
THE CHAIRMAN. Saan mo ngayon dinala ‘yan cell phone na ‘yan?
MR. ZUCE. Dinala ko po kay Commissioner Garcillano, sa opisina po.”
(page 5, VIII-2, 12:59 p.m.; emphasis supplied)
“THE CHAIRMAN. Okay. Noong ibinigay mo kay Commissioner
Garcillano, mayroon ba siyang instructions sa iyo? Mayroon
bang sinabi sa iyo?
MR. ZUCE. Yes, Your Honor.
THE CHAIRMAN. Ano?
MR. ZUCE. Ang sabi po niya ‘yon daw po ‘yong gagamitin nila, kung
baga hotline ho nila.
THE CHAIRMAN. ‘Yong hotline nila. Sinong “nila?”
47
MR. ZUCE. Sila po ni GMA, Bong Pineda. Basta ‘yon pong mga
higher na – ‘yong higher po na mga…minsan mga politicians
po
THE CHAIRMAN. Mga politicians.
MR. ZUCE. Importanteng tao kung baga.” (ibid., p. 4-5, I-3, 1:09 p.m.;
emphasis supplied)
“THE CHAIRMAN. Hindi mo matandaan. Okay, proceed.
VOICE 1. Liligaw tayo kay…
VOICE 2. Oo kay…
VOICE 1. Naka-suspend kami at nakikipag-usap.
Sabi ko nga kay … o sige kung nag-aalangan
ka, i-a-assume ko sa iyo makaka-deliver ‘yan
basta kung may usapan kayo.
VOICE 2. Oo nga. At saka hindi naman yata sa akin.
VOICE 1. Eh na-kanino ba? Iniipit yata nu’ng press
natin. Patingnan mo nga.
VOICE 2. Hindi, ‘yung press okay ‘yung press.
Kaibigan ko naman ‘yan. Hindi ko
alam kung nasaan.
VOICE 1. Kunin n’yo na raw.
VOICE 2. Baka tumawag din kaya sa iyo sabihin
mo nagkausap na tayo ha.
VOICE 1. Hindi kaibigan ko ‘yun.
VOICE 2. Okay. Okay.
SEN. EJERCITO ESTRADA (J). Mr. Chairman.
THE CHAIRMAN. Senator Estrada.
SEN. EJERCITO ESTRADA (J). Mr.Zuce, boses ba ni Garcillano’yun?
MR. ZUCE. Opo.
SEN. EJERCITO ESTRADA (J). Alam mo kung sino ang kausap niya?
MR. ZUCE. Hindi ko po masiguro.
SEN. EJERCITO ESTRADA (J). Hindi mo ma-identify?
MR. ZUCE. Oho.
SEN. EJERCITO ESTRADA (J). Pero siguradong-sigurado ka na boses ni Garci.
MR. ZUCE. Opo.” (ibid., p. 4-5, I-3, 1:09 p.m.)
48
“Male: Hello.
Female: Hello.
Male: Good evening, ma’am. Good evening.
Female: Oo. The FPJ camp raw will file a case against the Board
of Canvassers of ano, duon sa Marawi and the military.
Male: Ano ma’am?
Female:The FPJ camp raw…
Male: Oo.
Female: …will ano, will file a case raw against the Board of
Canvassers and the military in Marawi.
Male: Hindi naman ho siguro nila maaano ang ating Board of
Canvassers. Pero ang military kasi si Gudani, sa kanila
si Gudani. I do not know why they will file.
Female: Oo, oo.
Male:
Sa kanila si Gudani, ma’am.
Female: Oo.
Male: That’s why I have to work with General Esperon and
General Kyamko…
Female: Oo, oo.
Male: …na at that time, pinalitan namin si Gudani for awhile.
Female: Oo, oo.
Male: Kaya kwan, pero bakit nila pa-file-an ang mga military
na sa kanila lahat. Halos ayaw na ngang mag-give way
sa amin ang mga tao.
Female: Oo, oo. Meron…”
SEN. EJERCITO ESTRADA (J). Mr. Chairman.
THE CHAIRMAN. Senator Estrada.
SEN. EJERCITO ESTRADA (J). Mr. Zuce, mukhang pamilyar na
pamilyar yung boses ng babae na iyon at nag-iisang tinig lang
iyon sa aking pagdinig. Sino ba iyong babae na iyon?
MR. ZUCE. Hindi ba po humingi na po siya ng sorry?
SEN. EJERCITO ESTRADA (J). Pwede mo ngang ma-identify kung
sino iyon?
MR. ZUCE.
GMA po.
SEN. EJERCITO ESTRADA (J). At ang kausap niya ay si Garci?
MR. ZUCE. Commissioner Garcillano. (ibid., p. 5-6, II-3, 1:19 p.m.;
emphasis supplied)
49
Rey Sumalipao
Finally, provincial election supervisor for Lanao del Sur Ray Sumalipao – who is
incriminated in portions of the Garci Tapes, which portions Zuce authenticates -likewise affirmed the genuineness of the Garci Tapes to the Senate, as Sen.
Panfilo Lacson had observed.
… “And for the record again, Mr. Chairman, I would like to point out that
he is the second person to confirm before this committee the
authenticity of the Garci tapes, at least, to the portions as stated in his
own affidavit. (tsn, hearing of Senate Committee on National Defense and
Security, November 17, 2005; emphasis supplied)
Except for what clearly appears to be trumped-up charges by the PNP against
Ong, Rez Cortez and others for the kidnapping of ISAFP T/Sgt. Doble, the foregoing
sworn verbal and written statements of Ong, Santos, Bishop Bacani and Zuce have
not been contradicted. Neither, we see, has any of these persons' credibility or motives
been put to doubt.10 Sumalipao, on the other hand, may be likened to a hostile
witness whose admissions, because against his interest, are not only credible but in
fact binding upon him. Furthermore, we observe that the ISAFP has repeatedly denied
its capability to wiretap (telephone conversations), only to subsequently admit that in
fact it can.
c. The Garci Tapes – contextual authentication
Quite as importantly, witnesses have emerged to attest under oath, before
government authorities, to the occurrence of just some of the kind of electoral
anomalies referred to, described in, or implied in the Garci Tapes, such as
manipulation of election results, pressure upon, bribery, intimidation and/or coercion
of election officials, and pressure upon/utilization of military and government officials
to slacken strict poll security that was precisely designed for clean, honest elections.
We refer to the witnesses Marine Brigadier General Francisco Gudani, Marine
Colonel Alexander Balutan, and Tipo-Tipo, Basilan election supervisor Rashma Hali.
Garci Tapes reference to (Marine Brigadier General Francisco) Gudani – in which
portions “Gary”11 reports that he had in fact caused Gen. Gudani to be replaced with
the help of General Kyamko and Col. Tereno12, in response to the concern of “Code
10
Despite the recent news that Zuce has been employed by Palawan City Mayor Edward Hagedorn for the Small
Town Lottery program of the government, Zuce has not recanted any part of his Senate testimony, affidavit or media
declarations.
11
It is public knowledge that it is Garcillano who is believed to be the man referred to as “Gary” in the Garci Tapes.
12
referring to Col. Pirino, as confirmed in the testimony of Marine Brig. Gen. Francisco Gudani on November 17,
2005
50
One”13 that the FPJ camp will file a case against the Board of Canvassers and the
military in Marawi -Garci Tape Excerpt14
“28 22:13H May 2004 TRT – 1:15
Gary
PGMA
Gary
PGMA
: Hello
: Hello
: Good evening Maam, good evening.
: Oo…the FPJ camp raw will file a case against the Board of
Canvassers
of ano, dun sa Marawi…
Gary
: Ma’am?
PGMA : …and the Military?
Gary
: Ano Ma’am?
PGMA : Ahh…the FPJ Camp raw…
Gary
: Uh-huh
PGMA : …will ano, will file a case against the Board of Canvassers
and the Military in Marawi.
Gary
: Hindi naman po nila maaano yung ating Board of
Canvassers…pero ang military, kasi si Gudani…ah, sa kanila
si Gudani. I do not know why they will file.
PGMA : Oo, oo…
Gary
: Sa kanila si Gudani Ma’am, in fact…
PGMA : Oo
Gary
: Ah, that’s why we have – I had to work with General
Kyamko…na, at that time, pinalitan namin si Gudani for a
while.
PGMA : Oo, oo
Gary
: Kaya kwan, pero bakit nila pafile-filan yun mga military na, sa
kanila lahat? Halos ayaw na nga mag-give way sa amin ng
mga
tao.
PGMA : Oo, oo
Gary
: Uh, pero sa Board of Canvassers, Ma…
PGMA :Ah, meron silang – meron silang pinakidnap… (line cut)”
(emphasis supplied)
Garci Tape Excerpt
“Conversation between Gary and Gene on 081325 Hotel, June 2004.
13
It is public knowledge that it is President Gloria Macapagal-Arroyo who is believed to be the woman referred to as
“Code One” in the Garci Tapes.
14
from the VCD of excerpts of the Garci Tapes submitted to the CCTA on November 23, 2005 by CCTA witness,
expert sound engineer Jaime Sarthou (according to him, as downloaded by him from the PCIJ website) [hereafter,
the “Sarthou VCD”]
51
GENE. Boss, nakatanggap ako ng certification ngayon dito galing sa
mga bata natin sa Lanao. Nag-failure na naman pala dahil
kay Butani.
Putang-ina, sino ba iyong Butani? Bakit…
GARY. Iyon ang pinaalis ko.
GENE. Oo nga, bakit nandoon na naman, papaano ito? Putang ina,
tarantado talaga ‘to.
GARY. Oo, pinaalis ko iyan eh, pero after three days after elections
bumalik man diyan. Ang nandiyan si Colonel Tereno thru
Gen. Tiron at saka si Gen. Quiamco.
GENE. Eh ano ba and gagawin ko, gagawan ko ba ng memo o
ipapaschedule? Paano, gagawa ako ng memo sa inyo.
GARY. Pa-reschedule natin. … /lpp
GENE. Gagawa ako ng ano ha.
GARY. Oo, para sa commission en banc.” (emphasis supplied)
Testimony of Marine Brigadier General Francisco Gudani under oath before the
Senate Committee on National Defense and Security on September 28, 2005 –
affirming pertinent references in the Garci Tapes – attesting to how he was
unceremoniously pulled out of his mission of ensuring clean elections in Marawi,
Lanao del Sur for no valid reason at all at the height of the counting of votes
days after the May 10, 2004 national elections, thus directly corroborating the
pertinent contents of the Garci Tapes –
“[CHAIRMAN] So, the first resource person that will be asked to deliver
an opening statement is Brigadier General Francisco Gudani,
Armed Forces of the Philippines, Marines.
You may proceed, General.
“MR. GUDANI. Good morning, sir, Mr. Chairman, Your Honors.
I’d like to read a prepared affidavit as my opening statement.
I, Brigadier General Francisco B. Gudani, AFP, of legal age,
married, Filipino Citizen, residing at Fort Del Pilar, Baguio City,
after having been duly sworn in accordance with law, do hereby
depose and state:
1. For the past few months my conscience has bothered me for
being silent despite of the fact that there were very vital issues of
national importance that have been the cause of national
controversy. Said controversy has divided our people to include
the Armed Forces of the Philippines. But because I believe that
truth and justice always prevail, and that it is my duty first and
foremost as a Christian and a good citizen to let the public known
the truth today.
52
I come in compliance of a Senate summon to appear before this
august body. And I would like to make it as an attachment, Mr.
Chairman, sir, the letter.
xxx
xxx
xxx
I come in compliance of a Senate summon to appear before this
august body in order to manifest and truthfully declare what I
known in my capacity as the former commander Joint Task Force
Lanao.
Last night while I was preparing for my appearance in the Senate
Committee, my cell phone was ringing continuously because of
calls coming from several people discouraging me to appear in
this investigation. In fact, I am saddened to inform you that
there were high government officials who tried to intervene
through the chain of command in order to prevent me from
appearing in this committee. And may I also, Mr. Chairman,
Your Honor, sir, make as an attachment this AFP message form
given to me at 1:00 a.m. this morning. And may I read before
this august body, Mr. Chairman, Your Honor please.
THE CHAIRMAN. Please proceed, General.
MR. GUDANI. From the Chief of Staff, Armed Forces of the
Philippines to the Superintendent, PMA, AFP. Info-Ola, AFP.
Per instruction of her excellency, PGMA. No AFP personnel
shall appear before any congressional or senate hearing
without her approval. Inform General Francisco Gudani and
Colonel Alexander Balutan accordingly.
Signed: Major Aaron CDO, Colonel Corpuz, CDO.
Notwithstanding, for love of God and country, I am
appearing here to tell you and the sovereign people, whom we
have sworn to serve and protect, the truth, the whole truth,
and nothing but the truth.
First of all, I would like to inform the Senate committee
that the conversation in the Garci tape pertaining to a general
who was ordered to leave his assignment during the very
critical time when he was badly needed by his unit during the
counting of votes of the recent national elections is
absolutely true. If I may quote the conversation in the Garci
tape.
This is the conversation, Your Honors, Mr. Chairman, to wit:
‘Conversation between a man and a woman on 28 22:30 May 2004’
53
GARY. Hello, good evening Ma’am.
GMA. Hello. The FPJ camp raw will file a case against the board
of canvassers of ano, doon sa Marawi and the military?
GARY. Ano, Ma’am?
GMA. The FPJ camp raw will file a case against the board of
canvassers and military in Marawi.
GARY. Hindi naman po siguro nila maaano ‘yong ating board
of canvassers. Pero ang military, si Gudani, sa kanila
si Gudani. I do not know why they will file.
GMA. Oo, oo.
GARY. Sa kanila si Gudani, ma’am. In fact, I have to work
with General Estaron and General Quiamco at that
time. Pinalitan nga si Gudani for a while. Kaya
kuwan. Pero bakit nila ipa-paylan (file) ang military, nasa
kanila lahat. Halos ayaw na nga mag-give way sa amin
ang mga tao.’
Conversation between Gary and Gene on 081325 Hotel, June
2004.
GENE.
GARY.
GENE.
GARY.
GENE.
GARY.
GENE:
GARY:
Boss, nakatanggap ako ng certification ngayon dito
galing sa mga bata natin sa Lanao. Nag-failure na
naman pala dahil kay Butani. Putang-ina, sino ba
iyong Butani? Bakit…
Iyon and pinaalis ko.
Oo nga, bakit nandoon na naman, papaano ito?
Putang ina, tarantado talaga ‘to.
Oo, pinaalis ko iyan eh, pero after three days after
elections bumalik man diyan. Ang nandiyan si
Colonel Tereno thru Gen. Tiron at saka si Gen.
Quiamco.
Eh ano ba ang gagawin ko, gagawan ko ba ng memo
o ipapaschedule? Paano, gagawa ako ng memo sa
inyo.
Pa-reschedule natin. … /lpp
Gagawa ako ng ano ha.
Oo, para sa commission en banc.’
Paragraph 3. That conversation pertaining to a general
who was relieved of his position for merely doing his duty of
seeing to it that there should be an honest, clean and fair
election is absolutely true.
Why do I say this, Mr. Chairman, Your Honor? It is
because I am that general. For a long time, I have been trying
to figure out why I was relieved of such position for several
days, why I was called to Manila by my superiors, being
instructed to stay for one week, play golf during times when
54
all armed forces unit commanders were on red alert without
giving me a relevant task to do during those days when
counting of votes during the 2004 national election was being
done. It is incomprehensible and illogical that I would be asked to
leave my unit when my presence as a commander was very
material. Like a jigsaw puzzle, I was able to resolve the enigma
when I was able to talk with a classmate from the Philippine
Military Academy who is now occupying also a top-level
position in the Armed Forces of the Philippines. He informed
me by saying that after a lot of money has been given to
concerned individuals for them to deliver the necessary votes
in favor of President Gloria Arroyo and also my classmate told
me that Garcillano asked the provincial election supervisor of
Lanao del Sur, Recio Malipao15 if he could rig the election in
the place. Sumalipao, he could not rig the election with
Gudani around. All that I could say is that I did my best to do
my duty as a professional soldier so that the task given to us
to preserve the sanctity of the ballot would be performed. I
saw to it that this mission has been communicated to my
subordinate commanders, one of which – one of whom is present
here, the battalion commander of the 7th Marine Battalion, Colonel
Balutan. And I saw overtly and covertly. Ironically, what I got in
return was an order of relief from my post. What they did
worst is that I was replaced by an army colonel in spite of the fact
that almost all members of then joint task force Lanao were
marine soldiers.
I strongly feel that there was injustice committed in this
aspect. As what I have said, I’m ready to tell the truth, the whole
truth and nothing but the truth in this investigation because I
believe that the truth shall set us free.
And may I add, Mr. Chairman, Your Honors. I’m
appearing here carrying the name of the Military Christian
Fellowship Philippines where I am the president. Meaning,
this organization is the – is composed of all born-again
committed Christians in the Armed Forces of the Philippines
praying for me at this moment. At the same time also, I’m also
carrying the name of our church, Christ Commission
Fellowship, its pastors, our brothers and sisters, all
committed born-again Christians praying for me to tell this
august body the whole truth, the truth and only nothing but
the truth.
15
referring to Rey (or Ray) Sumalipao, provincial election supervisor for Lanao del Sur (based on a later portion of
this testimony as well as his (Gudani’s) affidavit dated September 28, 2005, submitted to the Senate Committee on
National Defense an Security on September 28, 2005, and the testimony of Marine Col. Alexander Balutan before the
same Senate Committee on September 29, 2005)
55
I would like to personally say and quote the Bible, `I
would rather obey God rather than men.’
Mr. Chairman, Your Honors, I’m also here in our capacity
– in my capacity as the assistant superintendent of the
Philippine Military Academy where we teach the cadets the
honor code, that the cadet does not cheat, does not steal,
does not lie nor tolerate any of these three. I would not have
the courage to face the cadets when I myself will not tell the
truth.
I sign thus statement, Mr. Chairman, Your Honor, sir, and
I’m willing to have this notarized.
THE CHAIRMAN. Administered na. May I ask the…
SEN. ENRILE. You have already taken an oath and that is part…
THE CHAIRMAN. That is carried, yes.
SEN ENRILE. … of your statement under oath, General.”
xxx
xxx
xxx
SEN. LACSON: When you mentioned about or you quoted certain
portions of the conversations between PGMA and Commissioner
Garcillano, you mentioned “Gary” referring, of course, to
Commissioner Garcillano. Is that correct, General Gudani?
GUDANI. Yes, sir, Your Honor.
SEN. LACSON. Noong sinabi rito na “Sa kanila si Judani” – of
course, Judani, clearly, si Commissioner Garcillano was
referring to you – ano’ng basis ng kanyang statement? Was
that a conclusion or was there some basis for saying or
reporting to the President na “Sa kanila si Judani or Gudani?”
What can you say about that?
MR. GUDANI. Mr. Chairman, Your Honor, in all of honesty, I do not
know Commissioner Garcillano can say this that “Sa kanila si
Judani ma’am.” The entire officers and men of the 1st Marine
Brigade conclude that the people of Lanao del Sur are all
witnesses on how we were only doing our job as marines. This
is this first time a marine brigade is being assigned, sir, in the
Lanao del Sur area and that is why my clear instructions to
everybody was really to have a clean, honest, peaceful, fair
election. We even asked all the candidates or the Comelec offials
where they want the canvassing to be done when they decided
that the canvassing will be done at the town center, it was a
nightmare for us to protect and to provide the security but
nonetheless, we have to do it.
56
We were receiving complaints from all parties because
our men were very strict. We only obey the instructions of
the Comelec that we will only allow as many watchers inside
the canvassing center. And it was on the third day, May 12 –
on May 12 of 2004, Your Honors, sir, that I was told to go to
Manila and by then I did not know the reason. It was only
now, sir, as I have stated in my opening statement, that it
was only lately when I found about why they had to junk me
out of the place.
xxx
xxx
xxx
SEN ENRILE. You said somebody told you to go to Manila. Who was
that, General?
xxx
xxx
xxx
MR. GUDANI. Your Honors, sir, actually, there were two of them,
General Quiamco and Admiral De Leon, the then flag officer in
command.
SEN. ENRILE. But were you – did you not argue with them that you are
beyond their jurisdiction, you were under the jurisdiction of the
Commission on Election? During that time, all military personnel
were deputized by the Commission on Election and you are
subject to their control and command.
MR. GUDANI. Your Honors, sir, I was not able to argue with them.
SEN. ENRILE. And the Commission on Election did not object that you
were being knocked out from your place of work as deputy of the
Commission on Election during an election time? The
Commission on Election did not say anything at all?
MR. GUDANI. I have no knowledge about it, Your Honor, sir.”
SEN. ENRILE. I think we should call the Commission on Election in due
time.
THE CHAIRMAN. Noted, Your Honor, and there are other personalities
that will be subsequently invited.
xxx
xxx
xxx
SEN. OSMEÑA. Didn’t the tape mention that it was the Commission on
Election or Garcillano himself who asked for the relief of General
Gudani?
THE CHAIRMAN. It was the tape.
SEN. OSMEÑA. It was on tape. Maybe we should call Garcillano to
explain.
SEN. LACSON. We will. We will.
xxx
xxx
xxx
57
SEN. LACSON. Yes, going back to my question and to your answer. In
other words, conclusion ni Garcillano na dahil hindi ka
sumusunod sa mga pinag-uutos nila, in spite of overwhelming
pressure, ang conclusion niya doon ka na agad sa kabila. He did
not even bother to conclude that you were just being nonpartisan. As an officer of the Armed Forces of the Philippines, as a
deputy of the Comelec, pag hindi ka sa kanila, ang conclusion nila
doon ka sa kabilang kampo. Is that a correct observation, General
Gudani?
MR. GUDANI. Probably so, Your Honor, sir.
SEN. LACSON. Were you actually relieved of your – by the way, aside
from being a brigade commander, ano pa ba ‘yong ibang duty or
duties mo doon sa Lanao or sa Mindanao?
MR. GUDANI. Mr. Chairman, Your Honor, sir, as I’ve stated in my
opening statement, I was concurrently or – I think I did not
mention – I was concurrently the commander of the Joint Task
Force Lanao, an organization which is a creation of southern
command under Lieutenant General Quingco then. With the Joint
Task Force Lanao, the two provinces of Lanao Norte and Lanao
Sur were placed under my operational control. But barely a
month before election, control of Lanao del Norte was given to the
4th Infantry Division under General Bagasin. So, I was left with
only one province which is Lanao del Sur. And so, it is very
ironical that even if Joint Task Force Lanao was a creation of
southcom, for all intense and purposes, the only unit remaining
under Joint Task Force Lanao then was the 1st Marine Brigade.
And so, when I was – Your Honor, sir, …. /plm
MR. GUDANI. … Your Honor, sir, Mr. Chairman, they say I was not
relieved. I say yes and no. I was not relieved…
SEN. LACSON. Yeah, why is that?
MR. GUDANI. Yes, sir, Your Honor. I was not relieved because there
was no relieved order. But I say yes, I was relieved because there
was an order replacing me by a certain Colonel Perino of the
Philippine Army.
xxx
xxx
xxx
THE CHAIRMAN. Yes. And you were pulled out, I would not say
relieved, when you were pulled out from the area as Brigade
Commander, who replaced you as Brigade Commander?
xxx
xxx
xxx
MR. GUDANI. Mr. Chairman, sir, Colonel Cesario Atienza who was them
my Deputy Brigade Commander was the one working with Colonel
Perino.
THE CHAIRMAN. What was the role of Colonel Perino…
58
xxx
xxx
xxx
MR. GUDANI. He was designated, sir, as the OIC, Officer-in-Charge of
Joint Task Force in my absence.
xxx
xxx
xxx
THE CHAIRMAN. Right. You were replaced by Colonel Perino as
commander of the task force but not as commander of the
brigade?
MR. GUDANI. Yes, sir, Mr. Chairman.
THE CHAIRMAN. Did you feel that without the relieve orders, you still
were responsible for the brigade? In the absence of a formal
relieve order. What if your brigade got intro trouble, ambush,
attack or simply fail to perform their duty. Who would have been
held responsible considering that there was no written order to
relieve you as brigade commander?
MR. GUDANI. Mr. Chairman, Your Honors, that was the very reason, sir,
why as per verification from my executive diary persisted or
insisted that I should be sent back immediately. I arrived Manila
12 May. I reported to the then Commandant General Teodocio
who accompanied me to the quarters of Admiral de Leon where I
was told to spend one week or about ten days in Manila, play golf,
go to Boracay..
THE CHAIRMAN. It was …it was an order RNR?
MR. GUDANI. Sort of, Mr. Chairman.
xxx
xxx
xxx
MR. GUDANI. As I was said – as I have said, 12 May I was sent to
Manila. Ten days after, I cannot question then the Flag Officer in
command because my command – my immediate commander was
there.”
THE CHAIRMAN. Yes.
MR. GUDANI. So I asked him, “Sir, what is my offense?” And he said,
“None”. “Wala pala, sir, eh”…
SEN. LACSON. Sino…..?
MR. GUDANI. General Teodocio.
SEN. LACSON. Teodocio.
MR. GUDANI. “Wala pala, sir, eh. Why are you allowing this to happen
to me?” In my opinion, sir, if you do this to my subordinate
commander, you have to kill me first. Relieving my subordinate
commander without my approval, you’ll have to kill me first. And
that is how…
59
THE CHAIRMAN. That happened to me many times in the past.
MR. GUDANI. I understand, Mr. Chairman.
THE CHAIRMAN. Okay, proceed.
MR. GUDANI. And that is why I insisted many times to go back because
I note, Mr. Chairman, Your Honor, sir, that in the absence of a
relief order, I am still responsible whatever First Marine Brigade
then will do or fail to do.
xxx
xxx
xxx
SEN. ENRILE. Lieutenant Admiral de Leon still in the service?
THE CHAIRMAN. He is still the Flag Officer in command, Your Honor.
General, were you approached by anyone, probably advised,
ordered, influenced to commit certain acts that you might think as
violative of your sworn duty in relation to your tasks as
commander of the First Marine Brigade, commander of the Task
Force? Did anyone? Because I am still in the dark. Pano nilang
nasabi na, “Si Gudani, sa kabila yan”. Mayroon ka bang ginawa
that would have caused them to made that conclusion? Mayroon
bang instructions, orders, influence, suggestions, advise, whatever
it is for you to commit or not to act on certain matters that might
have made them made that conclusion, General?
MR. GUDANI. Mr. Chairman, Your Honor, I don’t recall anybody
approaching me to commit such illegal act but the only thing I can
recall was the only reason I can think of why they say thus to me
is perhaps when I start to question then or to inquire from the
Provincial Elections Supervisor Rey Sumalipao who, I believe, is
my – I was only taking orders from him because…
THE CHAIRMAN. Being the provincial Elections Officer?
MR. GUDANI. Yes, Mr. Chairman.
THE CHAIRMAN. Yes. Please proceed.
MR. GUDANI. In spite to so many meetings and conferences we had with
the municipal COMELEC candidates, but then, Provincial Election
Supervisor Sumalipao two or three days before election, he was
changing so many policies about the clustering centers, the
assignment of DELs in the municipalities. And so, there were so
many complaints from the candidates and from the COMELEC
officials and I was telling him, because I noticed he was taking
orders from Garcillano. And asked him…
THE CHAIRMAN. Garcillano is his immediate superior.
60
MR. GUDANI. Mr. Chairman, I am arriving at that.
THE CHAIRMAN. Is Garcillano the immediate superior of Sumalipao?
MR. GUDANI. That was my…
THE CHAIRMAN. Sige, please proceed.
MR. GUDANI. That was my question to him, Mr. Chairman, Your Honor,
sir,
SEN. LACSON. I just like to clarify, was Garcillano Commissioner incharge of Mindanao to your knowledge?
MR. GUDANI. As far as I can remember, that was my question to
Sumalipao. I know that Commissioner Garcillano is assigned or
was assigned at Regions IV and V. …/jac
MR. GUDANI. …At Regions IV and V.
SEN. LACSON. So…
MR. GUDANI. So, when I asked Sumalipao, “How come you are taking
orders from Garcillano, is he assigned here?” And he said, “Yes.”
And I saw directives or memorandum to Sumalipao signed by
Garcillano.
SEN. LACSON. At that time Sumalipao was PES, provincial elections
supervisor?
MR. GUDANI. Yes, Your Honor.
SEN. LACSON. What is he now?
MR. GUDANI. I believe and I was told he is now the regional…
SEN. LACSON. Director.
MR. GUDANI. He was promoted to regional director, ARMM.
SEN. LACSON. Over a short period of time he was promoted. In 2004 he
was provincial elections supervisor, now he’s already a regional
director.
MR. GUDANI. Yes, Your Honor.
SEN. LACSON. What did he do for humanity to deserve the meteoric
promotion or meteoric rise?” (Brig. Gen. Francisco Gudani, t.s.n.,
Senate Committee on National Defense and Security, September
28, 2005; emphasis supplied)
61
Testimony of Marine Brigadier General Francisco Gudani under oath before the
Senate Committee on National Defense and Security on November 17, 2005 –
likewise affirming pertinent references in the Garci Tapes – reiterating that for about
ten days, at the height of the canvassing during the 2004 national elections, he was
relieved of his command by (Army Col.) Pirino and sent to Manila, such that one of his
battalion commanders was questioning the authority (of the latter)
“THE CHAIRMAN. How about the Pirino case? He was the one who
relieved you?
MR. GUDANI. Yes, Your Honor.
THE CHAIRMAN. Yes. How long were you out of your command?
MR. GUDANI. I can remember, Mr. Chairman, about - - I stayed in
Manila for about 10 days.
THE CHAIRMAN. Ten days. And this was at the height of the counting…
MR. GUDANI. Yes, Mr. Chairman.
THE CHAIRMAN. …canvassing? And while you were out of your
command who was commanding your unit?
MR. GUDANI. Again, Mr. Chairman, that is the main reason why Col.
Balutan and company were questioning the authority of …
THE CHAIRMAN. And Col. Balutan was one of your battalion
commanders?
MR. GUDANI. Yes, Your Honor.” (Brig. Gen. Francisco Gudani, t.s.n.,
Senate Committee on National Defense and Security, November
17, 2005)
Testimony of Marine Col. Alexander Balutan under oath before the Senate
Committee on National Defense and Security on September 29, 2005,
corroborating the testimony of Gen. Gudani, the fact that he was a “victim of
circumstances” in carrying out his duty of securing clean elections in Lanao del Sur,
and protesting how his superior was unjustly relieved
THE CHAIRMAN. Can we proceed to hear the opening statement of
Colonel Alexander Balutan, Marines?
MR. BALUTAN. Your Honors, Mr. Chairman, I’m Lieutenant Colonel
Alexander Balutan, the assistant commandant of cadets,
Philippine Military Academy. I was the former 7th Marine
Battalion Commander. I was then assigned in Lanao Sur during
62
the last national – local elections under the leadership of General
Gudani, the 1st Marine Grigade.
I have no prepared statement but I would like to
corroborate and support the statements of General Gudani. And I
believe during that time that we – I was a victim of circumstances.
I stood my ground against forces or pressures from any political
entity and I believe I have done my duty well under, you know, the
– we were deputized by the Commission on Elections under
Sumalipao during that time. And my only frustration at that time
was that my brigade commander was relieved. I cannot – I don’t
know what to reason to my subordinate. That was my dilemma…
Mr. BALUTAN. … dilemma. He was relieved for no apparent reason,
maybe for doing our job well, for being apolitical, for being
impartial. And I think that is the dilemma of the ground
commander, me as the battalion commander during that time
which, sir, in fact, I promised the people of Lanao, the area that I
am assigned to, the 17 municipalities, that we will have a peaceful
and credible election. I urged and forced them for a peace
covenant, in fact, many times, that your armed forces and the
marines will protect your vote. And we will have a clean and
credible election.”
Garci Tapes reference to Tipo-Tipo, Basilan election supervisor Rashma Hali16 –
in which Garcillano, in response to the comment that Rashma Hali be kidnapped,
suggested the “soft touch” first, i.e., to look for a relative who can persuade her (not to
expose election anomalies)
Garci Tapes Excerpt
“Conversation between “Gary” and someone named “Boy” recorded 05 13:41H
June 2004 TRT – 1:36
Gary
Boy
Gary
Boy
Gary
Boy
Gary
Boy
Gary
Boy
16
: Hello Boy.
: Hello Sir
: Ano yun?
: Mmmm…si Rashma parang nandyan sa Maynila.
: Nasa Maynila?
: M-mm
: Naku delikado! Hindi ba natin makontak?
: Yung…walang…walang ano…inoff ang cellphone. Pina-pinahanap
ko sa
ISAFP.
: Uhh, baka si…ahh, si kwan…delikado yan.
: Oo nga, sabi ko…sabi ko sa ISAFP …(Translated from
Visayan)…dito na
from the Sarthou VCD (Conversation No. 36 in PCIJ’s version of the Garci Tapes [hereafter, “PCIJ Garci Tapes”])
63
ipadala sa ano, sa Zamboanga…para may bargaining chip
tayo
Gary
Boy
Gary
Boy
Gary
Boy
Gary
Boy
Gary
Boy
:
:
:
:
:
:
:
:
:
:
dyan…
M-hm
…eh damputin na natin yung pamilya din nya…
Ah, oo.
…sa mga – ano …makapagsalita.
Oo man.
Kasi delikado yan eh.
(From Visayan) Pero nagtrabaho ba talaga yan?
Huh?
Nagtrabaho ba yan?
Nagtrabaho yan, Sir…pero yung trabaho niya…anu yun…(Visayan
–
limpyo) malinis ang trabaho nila…Ang problema ang Catangan –
bako
Gary
Boy
Gary
Boy
Gary
Boy
Gary
Boy
Gary
yun…sabi…sabihin siguro niya na…binaligtad ni Catangan dun
sa itaas…
: Mm..
: …sa Provincial level
: Ah… (line cut – continuation)
: Hello
: Hello…Uhh
: Hello Sir…
: Boy…
: Yes, Sir.
: Maghanap ka ng, ng… yung “well-meaning” na mga mag-anak
nya
wag mo munang, uh, i-pakikidnap yung
pamilya…uhh…”soft touch”
muna na pwedeng maka-persuade sa kanya, o ano,
makapag…(line
cut)”
Garci Tapes Excerpt
“86. Conversation between Gary and believed to be Code 1 on 07 16:10
June ’0417
Gary:
Hello
Code 1: Hello, did you get my text about the Tipo-tipo?
Gary: Oho, oho Ma’am kwan ho, that’s what I’m being fearful
about. Kung si Rashma Hali yun, that’s why we’re asking
people to look for her so that we can control her.
Code 1: She’s probably already being held by them.
Gary: Ma’am?
Code 1: She’s being held by them already.
Gary: She is here, that’s why if it is possible we will ask her family
to call her up from Zamboanga.
17
from the PCIJ Garci Tapes
64
Code 1: O sige, ok.”
Garci Tapes Excerpt
“87. Conversation between Gary and believed to be Code 1 on 07 19:17
June ’0418
Code 1: Hello, ano nahanap ninyo?
Gary:
Ma’am?
Code 1: Ano nahanap na ninyo iyong sa Tipo-tipo?
Gary: Tipo-tipo, hindi pa. Ang inaano nila ngayon... (line cut)”
Garci Tapes Excerpt
“88. Conversation between Gary and a certain Ruben on 07 20:38 June
’0419
Ruben: Hello Garci, si Ruben. Anong balita?
Gary:
Eto, nag-aano kasi ako. ‘yung sa Tipo-tipo na tao, parang
nasa kamay na nila. Pero wala namang damage sa atin. Pero
kay Wahab. Kaya dapat si Wahab ang gumalaw niyan.
Ruben: Pero, mag-tetestify sya against the administration eh. Against
the President!
Gary:
How can he? Wala naman siyang ginawa kay Presidente.
Ruben: Eh hindi, di ba ang gagamiting mag-tetestify siguro iyong
against the President regarding the bawas-dagdag na ginawa dun
sa ano....
Gary:
Wala naman tayong ginawa para kay Presidente dun sa kanya
ah.
Ruben: Hindi, ‘yun ang pinepresent di ba? Yan ‘yung pinepresent ni
Rufus Rodriguez pati yung kay Ibron?
Gary:
Oo nga, pero wala naman. Kay Ibron, di nila makukuha si
Ibron, wala na, di na nila makukuha.
Ruben: Si Ibron nga, hindi na nga dahil as of two days ago, naka-usap
na nga raw eh.
Gary: Sinong nakausap?
Ruben: Si Ibron, naka-usap na ng military.
Gary: Sabihin mo dyan sa military na ‘yan, wag silang masyadong
makiki-alam, kasi sinampal pala si Ibron eh, akin yang tao na
yan eh, taga Batangas yan eh.
Ruben: Ah ganun ba?
Gary: Oo, wag namang ganun. Bago nila gawin yun nung primero,
sinampal pa kasi eh, kaya mangiyak-ngiyak yung tao eh. Kaya
kahit pakainin mo ng bala yun, di na magpapakita. Ngayon, itong
si Rashma Hali, wala naman masasabi against kay Ma’am eh,
kahit anong sabihin nila because she has not done anything
18
19
from the PCIJ Garci Tapes
from the PCIJ Garci Tapes
65
except kay Wahab Akbar. Kaya dapat si Wahab ang
mawarningan.
Ruben: Pero, ano ba pare yung pinakikitang ano ni Rufus na ano....?
Gary: Ah, pabayaan mo siya but it does not have anything to do with
the President.
Ruben: Ibig mong sabihin yung pinakikitang dinagdagan daw yung
boto ni Presidente eh....
Gary: Hindi naman nila matetestiguhan kung hindi sa kanyang
munisipyo.
Ruben: Yung Tipo-tipo di ba?
Ruben: Hindi ba yun ang pinepresenta ni Rufus na dinagdagan?
Gary: Yung pinapakita ni Rufus, tingnan natin sa Provincial
Canvass, kasi wala naman magagawa yan dun sa kanyang
munisipyo. Bahala siya, kaya nga ina-ano ko si Wahab, pinaaano ko kay Wahab ngayon, dapat si Presidente ma-kwan
niya kay Wahab para si Wahab ang kumuha ng tao na yan
kung hindi, ipakukuha ko ang pamilya niyan.
Ruben: Uh-hum.
Gary: Oo nga, pero ang problema niyan, wala naman kay
Presidente dyan. Last resort, pakukuha ko ang pamilya nyan.
Ruben: Yun na lang ang dapat gawin dun.
Gary: Oo, pero dapat malaman ni Wahab na si Wahab, kasi ang more
damage will be against that Wahab Akbar, not the President.
Ruben: Bakit, naapektuhan ba yung boto ni Wahab?
Gary: Siya lang talaga ang ano malaking naka-pabor. Kaya kung
maaari papuntahin ko dito yung supervisor, patago ko rin dito sa
kin. Because, I want to clean out kung alin yung mga by
municipality results.
Ruben: Hindi iyon ang nagkakaproblema dahil si Wahab ang
nagpatrabaho nyan eh.
Gary: Eh ang problema niyang si Wahab, gumawa si Wahab nung huli
na.
Ruben: Huli na nga eh. Akinse na nung gumalaw si Wahab eh.
Gary: Alam mo si Wahab was working for FPJ actually.
Ruben: Oo, nung una.
Gary: Nung nalaman niyang matatalo si FPJ, saka bumaligtad.
Ruben: Sinabi mo, totoo talaga.
Gary: Yung mga tao namin diyan, eh galit na galit sa kanya eh.
Kaya ito, kung anuman basta malalaman hanggang umaga, ng
maagang-maaga kung ano talaga ang score doon so I can tell
them to get her families kung halimbawa. Sabagay medyo
matindi na ito kasi andun si Lomibao, andun naman si... ewan
ko kung sino pang nandun, may isang colonel na nandun.
Kung kailangang kunin, di kunin na ang pamilya nya.
Lokohan na rin lang eh, di kwan, Pero yang Rufus nayan, wala
namang alam yan.
Ruben: Kaya nga, kaya nga.
Gary: Ewan ko lang kung pupunta pa uli yun, pakidnap ko na lang
siya.
66
Ruben: Hindi naman pumupunta, pero ang balita nandirito sa
Parañaque.
Gary: Nandito na yung ano....?
Ruben: Nandito na sa Parañaque nun pang Saturday.
Gary: O sige. Basta’t we’ll ask somebody to look for her and then
get her family, kung pwede.”
On August 18, 2005, Rashma Hali confirmed to the media20 the harassment
and pressure for her not to divulge the fraudulent electoral practices employed in
Tipo-tipo, Basilan in favor of President Arroyo.
d. The Garci Tapes – of such nature and detail
that their having been fabricated is an impossibility
Then there is the fact, we note, that the three-hour Garci Tapes actually
comprise an already cumulated version of recorded data, compressed into a four-tape,
three hours worth of tape recordings covering a grand total of 152 conversations, that
occurred – a week after the 2004 elections – over a period of 33 days (from May 17 to
June 18, 2004),21 which uniformly capture the voice of one man (Gary), who speaks to
at least 36 other, identified personalities (including officials in the highest echelons of
the military) and to some of them repeatedly, and other unidentified persons, about
variegated facets of the art of implementing electoral fraud, from the soft technique of
persuasion, to the less soft option of downright crime, like kidnapping. Of the grand
total of 152 conversations, 15 are between Code One and Gary22, during the period
May 26, 2004 to June 10, 2004 (or a span of 16 days).
On June 6, 2004, when he presented two audio compact discs to the media,
Presidential spokesman Ignacio Bunye revealed that some person/s or entity/ies
fabricated tape recordings – which purport to contain wiretapped conversations
showing President Arroyo’s involvement in electoral fraud – in order to destabilize the
present administration.
To believe the explanation of Spokesman Bunye would mean to believe either of
two scenarios: that for the sole purpose of framing up President Arroyo, either – some
person/s or entity/ies fabricated President Arroyo’s voice (i.e., someone voice-acted
her) in 15 conversations out of 152, which means that the other 137 conversations are
genuine – or – they fabricated (i.e., falsely reproduced) all 152 conversations.
We think that logic and common sense easily rule out the second scenario. As
so wisely put by the sound engineer and expert Jaime Sarthou, based on his
experience of 27 years:
20
on the program “TV Patrol” of ABS-CBN, Channel 2
21
based on the PCIJ Garci Tapes
22
“The Unmaking of A President,” Sheila Coronel, PCIJ I Report Special Edition “The Queen’s Gambits,” p. 3
67
“2. If the Garci CDs came from fake tapes or spliced tapes being used to
frame-up the President, this would be the first time in my 27 years
experience as recording engineer to see such a masterpiece, that only a
genius of all geniuses can produce or fabricate. It will take a psychic and
a sound genius to make the script that will detail events, many of which
only became known later and make it appear that Pres. Arroyo was
speaking. It would be absurd for someone who was merely trying to
frame-up Pres. Arroyo to make a 3-hour CD, complete with innocuous
conversations by different people not related at all to the President, while
Pres. Arroyo has only a few minutes of participation in the three hour
CD. The genius will then need to ensure that the different scenarios in
the script coincide exactly with what is transpiring during the period of
months that the CDs relate to. Then the genius will have to look for
many actors who have exactly the same voice as all the persons the CDs
wishes to portray (including maids, drivers, other politicians, mayors, for
example), so similar that it will fool trained audio experts. Then the
person framing up the President will be so powerful to influence the
President into not answering questions on whether it was her on the CDs
or not even if the President knows that it was not her speaking on the
CDs, and later confess to it and thereby entrap her into a serious
scandal. That for me, would be one of the greatest, although impossible,
feats by a serious audio expert and script writer.”23 (Affidavit of Jaime
Sarthou dated February 20, 2006, pp. 4-5)
On the other hand, we think that the first scenario (i.e., that the voice of
President Arroyo was fabricated by inserting and splicing into 137 other genuine
conversations, and therefore the voice of Code One is not the voice of President Arroyo)
would be contrary to both our elementary sense of hearing and our elementary
common sense. On the significance of our own sense of hearing, the expert witness
Jaime Sarthou had this to say:
“1. It is my considered opinion, however, that one of the voices talking to
Comm. Virgilio Garcillano is that of Pres. Arroyo. First, her lawyer Atty.
Ferrer said so publicly. Second, sound and recording engineers are
trained to discern voices, noise and distinguish sounds. The ears of
sound experts form THE most important tools in doing their job. I have
heard Pres. Arroyo so many times, and as a recording engineer her voice
sample, if you wish to call it, is already etched in my memory. As a
recording engineer, my ears are my tools for 27 years. Sound Engineering
has been my bread and butter to this very day. An important aspect of a
sound engineer’s job is to listen to the timbre of a voice, the manner,
23
As the Philippine Center for Investigative Journalism (“PCIJ”) has reported: “… several Comelec officials
interviewed by the PCIJ as well as former Comelec chair Christian Monsod confirm it is indeed Garcillano's voice that
is in the recording. Moreover, Garcillano identified himself in several of the wiretapped conversations and also spoke
to various individuals — his wife Grace, his secretary Ellen Peralta, and his maid Lyn — whose connection to him
cannot be denied.” (“Virgilio Garcillano Master Operator,” Sheila S. Coronel, PCIJ i Report Special Issue, July, 2005,
pp. 18-25)
68
intonation of the spoken (or sung) words and other audio and phonetic
characteristics of a person thereby making that person’s voice
scientifically recognizable by that expert. As a recording engineer I know
the voice of Pres. Arroyo and recognize it as one and the same voice that
was speaking in the CD because I have heard her so many times. The
listening capacity of experienced recording engineers is a scientific device
that is credible in discerning and distinguishing voices. This is what we
do everyday—listen and distinguish sounds and separate the genuine
and the imitation.” (ibid.)
In other words, to the mature, unbiased and reasonable Filipino mind, the truly
more logical, common-sensical and therefore convincing scenario is that the voice of
Code One in the Garci Tapes is that of President Arroyo talking with Garcillano, on
many different occasions, about manipulation of electoral officials and electoral
results, exactly in the same manner that most other callers of Garcillano had called
the latter for the same purpose.
e. The Garci Tapes – authenticated by admission
Lest we forget, President Arroyo herself in effect admitted the genuineness of
the Garci Tapes when, buffeted by its maelstrom, she apologized for having called a
Comelec official. The extreme paucity of her response – in terms of transparency,
honesty and the spirit of accountability – speaks volumes of President Arroyo’s moral
guilt, and eternally of her complete absence of regard for the sacred democratic right
of suffrage.
And of course, her executive officials, themselves, have admitted to the
genuineness of her voice on the “Garci Tapes." First there was her spokesman Bunye,
who announced loud and clear to the whole world at his June 6, 2005 press
conference -"Q:
Sir, can we just c1arify. So, you are saying that it was
indeed the President’s voice?
BUNYE:
That is President’s voice, but the other party on the line
is not that of a commissioner." (emphasis supplied)
Next there was her very own lawyer, Atty. Pedro Ferrer, who candidly made the
admission on national television on August 10, 2004. Then there was her
Environment Secretary, Michael Defensor who, like Spokesman Bunye, announced to
the whole world at his emergency Sulô Hotel press conference on August 12, 2005 -“Yes, it is the voice of the President, but that is not the President talking." Yet,
when asked on the same occasion as to what President Arroyo was apologizing for
when the tape was supposedly fake, he said: “She apologized for making the call.”
("`It’s Gma Voice But She’s Not The One Talking’ … Defensor’s experts say tapes
69
doctored," Norman Bordadora, PDI, August 13, 2005, pp. A1 & A17; emphasis
supplied)
Finally, testifying on the Venable Llp. contract, her National Security Adviser
Norberto Gonzales admitted before the Senate that President Arroyo had indeed been
wiretapped. We quote Senator Biazon:
[CHAIRMAN.] “Ladies and gentlemen, before we further proceed, allow
me to put on record certain publicly known facts: (1) On June 5, Press
Secretary Ignacio “Toting” Bunye, in a called press conference at
Malacanang declared the existence of two tapes and tapped tapes
conversations between and among certain individuals. These tapes were
publicly shown and played to the media in that press conference;
subsequently, ladies and gentlemen, Secretary Bunye declared publicly
that one of the voices in the tapes is the voice of the President; (3)
President Arroyo herself, sometime after that, on June 27 delivered a
speech entitled, better known to the public, the “I am Sorry” speech.
And then, in the hearings last week in the Venable contract, National
Security Adviser Norberto Gonzales admitted in open hearing and
publicly that, indeed, the President was wiretapped and taped.”
(Senator Rodolfo Biazon, t.s.n., Committee on National Defense and
Security, 9-28-05; emphasis supplied)
C. Implementation of Electoral Fraud/
The Eyewitnesses
Someone has commented that, actually, the Garci Tapes provide more than just
evidence in and of themselves. Their added value lies in the fact that they provide a
roadmap – they point to detailed, identified or identifiable signposts like names, official
positions, personalities, places, numbers, dates, election documents like SOVs24 and
COCs25, techniques, requests or desiderata, and so forth. Details that would be like
royal dishes served on a silver platter to any serious, competent investigator
unhobbled by any issuance akin to E.O. 464.
But such as it is, E.O. 464 notwithstanding, eyewitnesses have in fact come
forth26, with first-hand stories and genuine documents so convincing beyond
suspicion, too telling to ignore; witnesses who experienced their stories about or
related to electoral fraud directly through their very own senses. We have reproduced
the words of Brig. Gen. Francisco Gudani, who to this day, for the sake of truth and
his belief in the Almighty, is braving court-martial proceedings in the wake of his
defiance of E.O. 464. Before him came eyewitnesses Michaelangelo Zuce (Garcillano’s
nephew-in-law and Presidential Adviser Rufino’s staff) and Army Capt. Marlon
24
25
26
or Statement of Votes
or Certificates of Canvass
not only regarding electoral fraud but graft and corruption as well
70
Mendoza, and after him, Namfrel Lanao del Sur Provincial Chairman Hadji Abdullah
Dalidig.
We think it likewise fit to reproduce the sworn words of these latter three
eyewitnesses, unrebutted and undenied to the present time, as follows:
Affidavit of Michaelangelo Zuce dated August 1, 2005 submitted to the Senate,
stating that the “Garci Tapes” conversations were genuine because he was present on
some of the occasions when his uncle Garcillano would acknowledge President Arroyo
as the person on the other line and would immediately after the call confirm that it
was the President he was speaking with; that he was the “Louie” being referred to
therein; about Garcillano’s delivery of bribe money to local Comelec officials at the end
of his consultation meetings; about his implementation of election fraud through
delivery of false documents and bribe money to Comelec officials in Mindanao such as
election supervisor Sumalipao; and about the planning in the Greenhills house of
“jueteng lord” Bong Pineda of the January, 2004 dinner meeting of local Comelec
officials hosted by President Arroyo at her La Vista residence, whereat the latter
herself exhorted the Comelec officials to support her 2004 candidacy, and whereat
Lilia Pineda (Bong Pineda’s wife) handed to a Comelec director for distribution to the
said officials bribe money of P30,000 each -“1. I was a Presidential Staff Officer from February 2001 to July 2004 of
the Presidential Liaison Officer for Political Affairs, Malacañang, with
Secretary Jose Ma. A, Rufino as Head of Office; and Presidential Staff
Officer 5 of the Political Coalition Affairs Office (OPCA), a unit of the
Political Affairs Office of the Office of the President, and headed by USEC
Raymundo T. Roquero, from September 2004 to May 2005. I have
tendered my irrevocable resignation and stopped reporting for work at
that Office since May 2005.
xxx
xxx
xxx
3. The Office also presented to PGMA a special project dated 10 October
2002 signed by Sec. Rufino on the Nationwide Consultation of Election
Officers Under The Stewardship of Atty. Garcillano, a copy of which is
attached as Annex “B”, together with a proposed budget as Annex “B-1”.
The special project was divided into three (3) operations, for Luzon,
Visayas and Mindanao. We then requested funding for the project from
the President and an initial funding of P1Million was given to our Office
for the consultation of election officers in Mindanao.
4. Consultation meetings took place: (1) in Tubod, Lanao del Norte on
November 2002, attended by twelve (12) COMELEC Provincial Election
Supervisors (PES), coinciding with preparations for the Annual Sportsfest
for Regions 9 & 10, and which was also attended by myself and
Ferdinand Mahusay, Regional Political Officer for Region 9; (2) in General
Santos which was attended by twelve (12) election officials mostly PES
and including the Regional Political Officer of ARMM and myself; and (3)
again in Tubod, Lanao del Norte on 13 December 2002 when Regions 9 &
10 had the Annual Sportsfest.
71
5. These consultation meetings discussed the political situation in
all the provinces in Mindanao, including who are the politicians
supporting and who are against PGMA. Regional Director Atty.
Garcillano also talked to the election officers and asked them
whether, if PGMA runs for President, she is assured of support from
them in their respective assigned areas for her candidacy in 2004.
These election officials expressed their willingness to support PGMA’s
candidacy depending on what Director Garcillano wanted them to do.
The Mindanao election officials present also said that Atty. Garcillano be
appointed Commissioner so that he would be behind them and be able to
answer for them in their efforts of supporting PGMA..
6. A report on these consultations with Regional Directors (RDs), PES,
and other election officials in Mindanao was submitted by then Regional
Director Atty. Garcillano dated 8 January 2003, copy of which is
attached as Annex “C”. This report was by way of a Memorandum of
Atty. Garcillano for PGMA through Sec. Joey Rufino.
7. Before the end of the consultation meetings, then Regional
Director Garcillano distributed envelopes containing P20,000 for
RDs and PES, P15,000 for city election officers, P10,000 for
municipal election officers and P5,000 for selected staff of
COMELEC Mindanao – which monies, according to Director
Garcillano, were being given by PGMA in appreciation of their
expression of support for her candidacy.
8. …Sometime in the latter half of 2003, there was a small
planning meeting of RDs and PES of Mindanao held in a function room
at Grand Boulevard Hotel to discuss the PGMA’s candidacy for 2004
National Elections…When Regional Director Atty. Garcillano again made
the appeal for support for PGMA for the 2004 elections, the Mindanao
election officers readily agreed on condition again that Director
Garcillano be appointed COMELEC Commissioner – to which USEC
Gatuslao gave the assurance the appointment would soon be released.
Before the caucus ended, I was the one assigned to distribute to the
RDs and PES white envelopes containing P17,000 each.
9. There was another meeting of RDs and PES from Mindanao in
January 2004 and Director Garcillano requested our Office to provide
funds for a caucus of these election officials on January 10 in a function
room at Grand Boulevard Hotel in Roxas Boulevard. I wrote a letter
dated 6 January 2004 to Sec. Rufino for this planning session, copy of
which is attached as Annex “D”. I also made the arrangement with the
Hotel and there were 23 election officers from Mindanao who attended
the meeting. These attendees are shown in the contract with the Hotel
and the list of Mindanao election officials who attended, copy of which
contract is attached as Annex “E” and the attendees as Annex “E-1”.
Again Sec. Rufino did not attend this meeting but three (3) of my
72
officemates were sent in his behalf and they distributed envelopes
each containing P25,000 to the attendees.
xxx
xxx
xxx
13. Before we ended the meeting, 1 brought up the matter
of the accommodation at Rothman Hotel in Malate of the 27 RDs and
PES because our office could spend only for one day. Bong Pineda asked
me how much was needed and when I gave the estimate of more than
P100,000, Bong Pineda immediately gave me P150,000 in cash and,
if this would not be enough, to tell him how much the shortage
would be. We were also told that PGMA wanted to have a secret
dinner with the Mindanao RDs and PES at her house in La Vista.
Mrs. Pineda would send a vehicle to fetch all the officials from
Rothman Hotel. I remember this was in January 2004.
14. When the day of the dinner came, a Coaster and a Land
Cruiser arrived at the hotel around 5 P.M. All election officials rode on
the Coaster; only Atty. Francisco Pobe (PES of Agusan del Norte) and
myself were in the Land Cruiser. On the way to La Vista, we dropped by
McDonald’s and for the first time I was introduced to Mrs. Baby Pineda
by Atty. Pobe as Com. Garcillano’s nephew. Mrs. Pineda also asked Atty.
Pobe to write down all our names on a piece of paper. After an hour of
snack, we proceeded to PGMA’s house in La Vista with Mrs. Pineda’s car
(with Comm. Garcillano and Governor Dy of Isabela also on board) going
ahead of the two vehicles. Upon arrival at PGMA’s residence in La
Vista, we were brought to a lower level where the dinner tables had
already been arranged but we waited for 2 hours before PGMA
arrived at around 9:00 P.M.
15. After dinner, the election officials were introduced one by
one to PGMA by Mrs. Baby Pineda based on the list of names written
by Atty. Pobe at McDonald’s. Present throughout the dinner were
Comm. Garcillano and Governor Dy of Isabela. After the
introductions, PGMA gave a short talk asking the RDs and PES to
support and help her in the coming 2004 presidential elections. On
the part of the RDs and PES, they requested POMA for xerox machines
for use in the elections to be sent to Atty. Pobe who would take care of
having these machines sent to their assigned areas. When the request for
vehicles was also mentioned by some Mindanao election officials, Mrs.
Pineda immediately said she would be taking care of the matter.
16. Shortly thereafter, PGMA bade us goodbye because she
said she still had another engagement. As we were leaving, Mrs.
Pineda gave RD Johnny Icaro of Region 4 white envelopes for all of
us. When we opened them in the vehicles, we found that each
envelope contained P30,000.
17. On 13 February 2004, Comm. Garcillano asked me to call
Mrs. Baby Pineda for me to get the cellular phone she was giving him
from her house in Greenhills. When I got to her house, the personal
secretary of Mrs. Pineda handed to me the cell phone contained in a box
73
and asked me to sign a receipt for it. I noticed the box was already
opened so I asked the secretary why and I was told the box was opened
because they already placed the SIM card inside the phone and that they
already got the phone number. When I delivered the cellphone to
Comm. Garcillano, he told me this phone would he where PGMA, Mr.
and Mrs. Pineda, and other prominent persons would be calling him;
the Commissioner referred to the cellphone as their Hotline.
18. As the elections were drawing near, I finalized the Budgetary
Requirements I was directed to prepare for both Comm. Garcillano and
my Boss, Sec. Joey Rufino. It took sometime to finalize because of
changes in the amount and the addition of regional attorneys. Also
revisions had to be made when Comm. Garcillano called to inform me
there was no funding from Sec. Rufino.
xxx
xxx
xxx
21. On the day when the initial funding for the special
operations was given to Comm. Garcillano, he called me to a
condominium unit in Macapagal Blvd. and showed me a cabinet
filled with plastic wrapped bundles of money of P1,000 bills.
According to Comm. Garcillano, the money given totaled only P12
Million and this was not enough because the amount needed would
be around P25 Million to P37 Million for the special operations.
22. Comm. Garcillano then told me to inform my Boss I would be
leaving for Mindanao already. I was allowed readily by my Boss to leave
Mindanao because he wanted to monitor the situation in the local
politics there. Before I left, Comm. Garcillano gave me P500,000 —
P100,000 to be left with my family, P100,000 for my expenses in
Mindanao and P50,000 for Atty. Rabanes. He would be calling me
whom to give amounts to from the amount balance.
23. Included in my assignment was to monitor all
officials and employees of COMELEC and coordinate with the PES to
insure PGMA’s win in the area: in places where PGMA would be
losing, I was to talk to them to find ways to reduce her loss or to
add votes in her bailiwicks. In this regard, I had the help of Butch
Pakinggan who was reporting directly to Executive Secretary Romulo in
the same manner that I was reporting directly to Sec. Joey Rufino. I was
also tasked to help local candidates of PGMA in their problems with
COMELEC. There were also candidates for national office including
certain partylists, that were part of a list given to the PES but in the last
days we were directed to concentrate only on PGMA. The areas we were
assigned were the Misamis Provinces, the Lanao Provinces, Marawi City,
Cotabato City, Maguindanao, Sultan Kudarat, North Cotabato, South
Cotabato and Sarangani. We were also coordinating through cellphone
with the Zamboanga Provinces, Dipolog, Sulu, Tawi Tawi, Basilan,
Zamboanga City and Pagadian.
24. Regarding the Gloriagate tape, from what I heard from the
tape, all the conversations really took place because Comm.
74
Garcillano told me about them and about the calls from the field and
the canvassing. I was also in the areas when the conversations in
the tape occurred and some of which were told to me by PES after
their talks with Comm. Garcillano. To me, Comm. Garcillano being
used by PGMA during the elections in exchange for his ambition to
become a COMILLEC Commissioner, his having become known to
the Pinedas and the fact that the election officials had dinner with
PGMA in La Vista — not just once and not just with Mindanao
election officials — were serious violations of Law.
25. Other violations of law were the fund releases for
consultations with election officials and other meetings for preparation
and planning with said officials; the accommodations extended to PES
and RDs, including the giving of monies to them; giving them Xerox
machines for use in the special operations, vehicles for their use, and
using Comm. Garcillano in the manipulation of election results because
COMELEC is an independent body under the law and the Constitution.
From my personal knowledge and direct information, it is true and
correct that there were election results altered and manipulated, not
matching SOVs — from the precincts to municipal canvass, to provincial
canvass. Those who are knowledgeable and have the capability to these
things are only those from COMELEC assigned in the field and the
operation succeeded with their cooperation. I myself or those who are not
from COMELEC would not have the knowledge and the ability to
manipulate or alter the results.
26. What I know about the frauds committed in the 2004
National Elections have put my family and me in danger but all I
want is to make known what I know about the cheating and fraud
committed. I was offered P20,000 a month for six (6) months to
keep silent but I am disturbed and fearful for my safety and that of
my family since that time Secretary and former General Ebdane has
been looking for me.
27. I have prepared and executed this sworn statement pertaining
to my personal knowledge and truth of the facts stated above in the
expectation that, if anything untoward should happen to me or my
family, my testimony or witness would be preserved and best served by
this sworn statement.” (emphasis supplied)
Testimony of Michaelangelo Zuce, under oath before the joint hearing of the
Senate Committee on Public Order and Illegal Drugs, Committee on Games,
Amusement and Sports, Committee on Constitutional Amendments, Revision of
Codes and Laws, and Committee on Finance on August 3, 2005
“SEN. MADRIGAL. Ngayon, meron kang sinabi na nagpatawag ng
meeting si PGMA. Director Garcillano was being given by GMA.
Nagpatawag ng meeting sa special operations.
75
SEN. MADRIGAL. …nagpatawag ng meeting sa special operations,
ano ang special operations?
MR. ZUCE. Iyon po ang tawag po namin po doon sa special…
SEN. MADRIGAL. Ano ba iyon, dagdag-bawas?
MR. ZUCE. Opo.” (Michaelangelo Zuce, t.s.n., Joint Hearing of the
Senate Committee on Public Order and Illegal Drugs, Committee
on Games, Amusement and Sports, Committee on Constitutional
Amendments, Revision of Codes and Laws, and Committee on
Finance, August 3, 2005, p. 107-108; emphasis supplied)
xxx
xxx
xxx
“MR. ZUCE. Ah, ayun po, madalas po kasi kaming kasama ni
Commissioner. Pag may nagri-ring at naririnig ko pong iyon
“Ma’am, opo, Ma;am”, parang ganoon po. Tapos, pagkatapos po
ng conversation, sinasabi niyang, “Si Presidente iyon.” Si ganito
iyon. Ganoon po.
SEN. MADRIGAL. At minsan narinig mo mismo siya nagsasalita na may
“Ma’am.”
MR. ZUCE. Opo.
SEN. MADRIGAL. Magkatugma ba iyan sa iba sa mga transcript sa
tape?
MR. ZUCE. Karamihan po.
SEN MADRIGAL. So, parang earwitness ka, ano. Eyewitness na narinig
mong nagsasalita.” (ibid., p. 116)
“SEN. EJERCITO ESTRADA (J). Thank you, Mr. Chairman. For the
record, Ginoong Zuce, ikaw ba itong Louie diumano’y
binanggit ni Commissioner Garcillano sa “Hello Garci” tape?
MR. ZUCE. Opo.” (ibid., p. 119; emphasis supplied)
“SEN. EJERCITO ESTRADA (J). Okay. Ginoong Zuce, ilang beses ka
nang pumunta sa bahay ni Ginang Arroyo?
MR. ZUCE. Dalawang beses po.
SEN. EJERCITO ESTRADA (J). Dalawang beses. “Yong unang beses,
‘yon ba iyong sinasabi n’yong alleged payoff o itong
pangalawang beses na ‘yan?
76
MR. ZUCE. ‘Yong una po, namigay din po doon pati po ‘yong
pangalawa. Kasi ‘yong pangalawa…
SEN. EJERCITO ESTRADA (J). Parehong nandoon si GinangArroyo?
MR. ZUCE. Opo. Kasi ‘yong pangalawa, sir, bale ‘yong hindi nakarating
noong una – unang pagpunta ay doon po sa pangalawa na
sumama at may mga taga…(ibid., p. 124-125; emphasis supplied)
“SEN. OSMEÑA. Mr. Zuce, dito po sa sworn statement ninyo, number 3,
nakasulat po rito, “The office presented to PGMA a special project
dated 10 October 2002, signed by Secretary Rufino on the subject
nationwide consultation of election officers under the stewardship
of Atty. Garcillano.” Ito ba standard sa Office of Political Affairs sa
Malacañang na magkakaroon ho ng -- magpapatawag ho ng
consultation meeting sa lahat ng mga Comelec officers?
MR. ZUCE. Hindi po.
SEN. OSMEÑA. Ano ang pakialam nu’ng Malacañang sa Comelec po,
hindi ba independent body po iyong Comelec?
MR. ZUCE. Tama po iyon.
SEN. OSMEÑA. Ito ba iyong first time mo nalaman na magkakaroon ng
consultation of election officers?
MR. ZUCE. Opo.
SEN. OSMEÑA. At nagulat ka ba?
MR. ZUCE. Hindi po.
SEN. OSMEÑA. Bakit?
MR. ZUCE. Dahil idea po ito ng boss ko.
SEN. OSMEÑA. Sino iyong boss mo?
MR. ZUCE. Si Secretary Rufino.
SEN. OSMEÑA. Ngayon, kaya ba ni Joey Rufino na tawagin si
Garcillano at sasabihin sa kanya, “Oy, magpatawag ka ng mga
election officers ninyo at magkaroon tayo ng meeting dito sa
Malacañang,” o kung saan mang gusto niya?
MR. ZUCE. Sa ngayon po medyo hindi na siguro; pero noon po, puwede
dahil…
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SEN. OSMEÑA. Nagre-report si Atty. Garcillano kay Joey Rufino?
MR. ZUCE. Ang ano po doon ay inaalagaan ni Secretary si Garcillano.”
(ibid., pp. 131-132)
“SEN. OSMEÑA. …Ano ang ibig sabihin ng “susuportahan nila”?
MR. ZUCE. Susuportahan po nila iyong kung tatakbo si Presidente.
SEN. OSMEÑA. Anong ibig pong sabihin ng “susuportahan po nila”
sapagkat dapat naka-neutral itong mga Comelec officials na
ito?
MR. ZUCE. Dapat nga po.
SEN. OSMEÑA. O, ano ang ibig sabihin na “susuportahan nila”?
MR. ZUCE. Tutulungan po siguro talaga nila.
SEN. OSMEÑA. Ano ang ibig sabihin ng “tutulungan ho nila”? Hindi,
talaga, sapagkat that is the key question here ano. Baka
nagkantahan lang naman sila doon sa consultation, ‘di anong
pinag-uusapan namin dito?
MR. ZUCE. Gagawin nilang lahat kung anong iuutos…
SEN. OSMEÑA. Ang ibig sabihin mo na pinag-usapan kung paano
makadaya pabor kay Gloria Arroyo. Iyon ba?
MR. ZUCE. Opo.
SEN. OSMEÑA. Ngayon, ito pong initial funding na ni-request dito
po sa, “We requested funding for the project from the
President and an initial funding of 1 million was given to our
office for the consultation of election officers in Mindanao.”
Ito pong 1 million, saan po nanggaling iyang pondo na iyan?
Galing ba sa national budget of sa partido?
MR. ZUCE. Sa Malacañang po galing.
SEN. OSMEÑA. Hindi. Pero halatang-halata itong office ng, Office for
Political Affairs has the cover of officialdom, presidential liaison
office po ang tawag dito, ngunit itong mga activities na ganito
parang party affairs ito. Ngunit tinatanong ko lang, saan kaya
nanggaling itong 1 million na ito?
MR. ZUCE. Nag-ano po ako, sir, pina-liquidate po ako, at nag-submit po
ako ng resibo sa palasyo, sir.
SEN. OSMEÑA. Sa palasyo?
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MR. ZUCE. Opo.
SEN. OSMEÑA. So bale official ito?
MR. ZUCE. Opo.
SEN. OSMEÑA. Mayroon ho kayong kopya nu’ng mga resibo?
MR. ZUCE. Wala na po, sir, sinabmit (submit) na po eh.
SEN. OSMEÑA. Okay. Ito po, “We then requested for funding for the
project from the President.” From the President mismo.
MR. ZUCE. Ah, iyong pondo po, opo.
SEN. OSMEÑA. Siya mismo ang nag-approve ng 1 million-peso
release?
MR. ZUCE. Opo.
SEN. OSMEÑA. Mayroon ho kayong kopya niyan?
MR. ZUCE. Ang hawak ko lang po is, iyong letter po namin na ipinadala
sa kanya regarding po doon sa project.
SEN. OSMEÑA. Okay. Ngayon po, sa paragraph 5, ang nakasulat po
rito, “These consultation meetings discussed the political situation
in all the provinces of Mindanao, including who are the politicians
supporting and who are against PGMA. Regional director, Atty.
Garcillano, also talked to the election officers and asked them
whether if PGMA runs for president…” Sabagay, ito iyong period
na hindi siya tatakbo, hindi ba?
MR. ZUCE. Opo.
SEN. OSMEÑA. Okay. So, “…if PGMA runs for president, she is assured
of support from them…” - meaning, the election officers – “…in
their respective assigned areas…
SEN. OSMEÑA. …in their respective assigned areas for her candidacy in
2004. So, ito pong mga consultation meetings is to get
commitments…
MR. ZUCE. Tama po.
SEN. OSMEÑA. …for support…
MR. ZUCE. Tama po kayo.
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SEN. OSMEÑA. …to cheat on behalf of Gloria Arroyo in case she
runs for President?
MR. ZUCE. Opo.
SEN. OSMEÑA. Ngayon alam mo ba kung binigay ni Joey Rufino kay
Pangulong Arroyo?
MR. ZUCE. Pinadala po ‘yan, sir, kasi mayroon kaming pinadala doon
sa opisina mismo ni Presidente na may cover po na “confidential.”
Wala po lang ako noon, sir. Hindi po ako nakapagpa-xerox noon.
SEN. OSMEÑA. Sino po nagdala ng cash doon kay Garcillano, ikaw
ba?
MR. ZUCE. Ako rin po mismo.
SEN. OSMEÑA. Aha. So, kayo ho nagdala ng cash. Sino ang
nagbigay ng cash sa iyo?
MR. ZUCE. Si Secretary Rufino po.
SEN. OSMEÑA. At ngayon, siguro masasabi mo na Joey Rufino was
never involved in planning the cheating in Mindanao.
Mukhang hindi siya nag-a-attend ng mga meetings ninyo.
MR. ZUCE. Alam naman po niya lahat ‘yon.
MR. ZUCE. Medyo umiiwas sa – na may makakita. (ibid., p. 134-142;
emphasis supplied)
xxx
xxx
xxx
SEN. EJERCITO ESTRADA (L). …ipinahayag na mayroong pang sinabi
doon sa marginal note na “He can deliver.” Alam mo ba,
puwede mo bang ipaliwanag kung ano ibig sabihin ng “He can
deliver?”
MR. ZUCE. Marami pong bagay po ‘yong “He can deliver,” pero para
sa nasa commission ka, ang ibig sabihin po you can deliver
votes.” (ibid., p. 145; emphasis supplied)
Testimony of Michaelangelo Zuce, under oath before the Joint Hearing, Senate
Committee on Public Order and Illegal Drugs, Committee on Games, Amusement
and Sports, Committee on Constitutional Amendments, Revision of Codes and
Laws, and Committee on Finance on August 10, 2005
“SEN. MADRIGAL. Sino naman ang bumubuntot sa inyo? Bakit,
napaka-dangerous ba itong electoral fraud na nangangailangan
kayo ng security?
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MR. ZUCE. Siyempre po, marami pong magagalit kasi pag pumapasok
po kami sa isang canvassing area, nagbabago ho ‘yong trending.
SEN. MADRIGAL. So, pagpasok niyo natatalo si GMA, paglabas niyo,
panalo na siya, ‘yong trending na ibig sabihin niyo?
MR. ZUCE. Nagbabago ho ‘yong resulta.
SEN. MADRIGAL. Nagbabago.” (ibid., p. 3-4; emphasis supplied)
Testimony of Michaelangelo Zuce, under oath before the Senate Committee on
National Defense on January 19, 2006
SEN. EJERCITO ESTRADA (J). Mr. Zuce, meron bang pagkakataon na
kasama mo si Commissioner Garcillano na kausap niya si Gng.
Arroyo?
MR. ZUCE. Meron po, Your Honor. Kasi pagkatapos niya pong
kausapin or pag nagri-ring pa lang, sinasabi niya na “Si
Presidente ito.” Tapos…
SEN. EJERCITO ESTRADA (J). Ano yung particular phrase na nandun
ka na sinabi sa tape?
MR. ZUCE. “Hello, ma’am.”
SEN. EJERCITO ESTRADA (J). Yung lang ang narinig mo kay Garci,
“Hello, ma’am lang?
MR. ZUCE. Usually, yun yung ano tapos lumalayo na po siya.
SEN. EJERCITO ESTRADA (J). Lumalayo ka?
MR. ZUCE. Siya po. Dumidistansya po.
SEN. EJERCITO ESTRADA (J). Ah iniiwas niya ang conversation ss iyo?
MR. ZUCE. Opo.
SEN. EJERCITO ESTRADA (J). Pero kailan ito? Kailan ito nangyari?
Definitely it was before the election?
MR. ZUCE. Before po and after.
SEN. EJERCITO ESTRADA (J). Or during?
MR. ZUCE. Before and after po.
SEN. EJERCITO ESTRADA (J). Before and after?
MR. ZUCE. Opo.
SEN. EJERCITO ESTRADA (J). So there was an instance when you were
there when Garcillano talked with Mrs. Arroyo?
MR. ZUCE. Opo. (ibid., p. 8-9, II-3, 1:19 p.m.; emphasis supplied)
Affidavit of Army Capt. Marlon Mendoza dated August 6, 2005 submitted to the
Senate when he testified on August 10, 2005, corroborating the testimony of
Michaelangelo Zuce regarding manipulation of election results, attesting that he heard
the boasting admission of Garcillano to the effect that jueteng lord Bong Pineda has
81
provided P300 million to ensure the election of President Arroyo, as well as witnessed
the bribery of Comelec officials by election officers and by Zuce in behalf of Garcillano
to benefit President Arroyo
“I, MARLON MENDOZA, of legal age, married and a resident of
Camp Aguinaldo, Quezon City, after having been duly sworn in
accordance with law do hereby depose and state:
Mabuhay ang Pilipinas
Mahal ko ang Ating Bansa
That since I was a child, it has always been my dream to
become a gallant soldier. That was the main reason why I decided
to join the AFP.
Mainly to serve my beloved country and countrymen. However,
in the course of my service with the AFP there were times when I
have to close my eyes and ears with the way our Government is
being managed and exploited by some powerful politicians. That I
just kept silent in order to preserve my job with AFP considering
that I have a family to support.
However, there is a saying that “Man does not live on bread
alone but with every words that come from the mouth of God”. The
time has come when the truth must surface in order to serve the
ends of justice. I am willing to take all the consequences of my act. I
can no longer stand the injustice that our political leaders are doing
to our country, our economy. It is the poor who are the hardest hit.
Where is the conscience of some of our government officials who,
with the use of taxpayer’s money buy out the principle, integrity and
dignity of some unscrupulous government officials just to attain
their goals. That there is another saying that “The truth shall set
you free”. At this point, I feel that our countrymen ought to know
the truth.
That This Was What Actually Happened:
1. That from April to June 2004, I was assigned as Chief
Security Officer for Com. Virgilio Garcillano;
2. During the first few days of my assignment with Com.
Virgilio Garcillano, I still vividly recall when we were in Naga,
Camarines Sur. On one occasion while we were having a
drinking spree with Com. Virgilio Garcillano and other
Comelec officials in that area, I distinctly heard Com. Virgilio
Garcillano telling us that “Bong Pineda already gave Three
Hundred Million Pesos to support President Gloria Macapagal
Arroyo’s success in the election. He also said that he plays a
vital role in the election;
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3. On May 11, 2004, I was asked by my boss Com. Virgilio
Garcillano to act as Security Officer for Michaelangelo Suze, and a
certain King James (friend of GMA), Butch (a consultant related to
DFA Sec. Romulo) and a certain Jun L. Bamboo of the Presidential
Management Services;
4. On May 1, 2004, I went to Cagayan de Oro City by plane.All
the while, I thought that Com. Virgilio Garcillano will be there so I
can perform my duties as his Chief Security Officer. However I was
surprised when I was met by Michaelangelo Suze, aka Louie, which
made me recall that I have already seen him twice at Diamond
Hotel sometime April 2004, in a breakfast meeting with my boss
Com. Virgilio Garcillano and other Malacanang officials;
5. Upon arriving at Cagayan de Oro Airport some people
picked us up and brought us to Pryce Hotel where we ate our
lunch.
xxx
xxx
xxx
8. The following day, we went to Lanao del Norte Camp
where the final canvassing was being held, to talk to a certain
COMELEC Director Atty. Sumalipao and I personally saw large
amount of cash in an envelope being given to said COMELEC
Director;
9. That for several occasion, my boss Com. Virgilio Garcillano
would call Michaelangelo Suze whether he has already done his
mission.
10. Early in the morning, we went back to Lanao Del Norte
Camp to talk again to Comelec Director Atty. Sumalipao. Then I
saw a certain lawyer connected with the office of Com. Virgilio
Garciliano also following up the status of the ranking in the
election of Gloria Macapagal Arroyo in the area. Then I heard
Michaelangelo Suze telling Atty. Sumalipao that he is doing
something for the success of GMA in the election;
Then in the afternoon, we went back to Dynasty Hotel as our
base in Cagayan de Oro City. In the evening, we had our dinner at
the house of King James a very close friend of GMA arid we
planned for our movement in Cotobato the next day;•
The following day, we went to Camp Awang in Cotabato
City where the final canvassing of election returns is being
held and I saw Michaelangelo Suze having a very private
conversation with a certain Comelec Director with the
corresponding giving of cash in envelopes. I even personally
saw a certain employee under the office of Com. Virgilio
Garcillano who was there for a couple of days to assist in the
manipulation of election results in favor of GMA. Then I tried
to elicit information from said employee by asking him,”
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Kamusta na si GMA dito? Then he replied by saying, “Sir,
ginagawan na namin ng paraan dito”. Upon hearing that, I
called up my classmate through my cellphone that there was
an ongoing rampant cheating being made by the group of GMA.
I almost cried while I was talking to my classmate, but he told
me `we cannot do anything at this time, mag-ingat ka dyan.’
xxx
xxx
xxx
13. Early morning, we left Cotobato City and went back to
Mindanao State University in Lanao and I took our lunch and meet
other groups I could not recall their names but I can recognize
their faces. While having our lunch, I heard that a certain
General in a camp located in the upper portion of Mindanao
State University relieved from his position for not cooperating
with the Comelec Officials favoring GMA. They even laughed
about the misfortune of said General. I was frightened upon
hearing the incident, and I told myself “what can I do now with
this irregularities going on, I am only just a captain”. So I kept
silent and just continued to do my duty as instructed to perform
security for the group;
xxx
xxx
xxx
14. The next day we went to the old house of Gloria Macapagal
Arroyo in Marawi City to have a meeting with some people. There I
saw the picture of GMA when she was still single. And we took our
lunch in a restaurant which was near a lake. While we were
having lunch, I heard somebody saying “huling binibilang ang
balota sa area ng Lanao del Norte at Lanao del Sur para
makakuha ng dagdag if GMA will lose in other areas in the
country”;
xxx
xxx
xxx
20.
That I cannot stomach what happened when we were
in Mindanao but I had no choice. I have to perform my job as a
Security Officer for Michaelangelo Suze under the instruction
of my boss Com. Virgilio Garcillano;
21. That I hope that the truth would eventually surface and
that. justice would prevail.
22. That I was a witness to the business transactions of
Com. Virgillo Garcillano particularly in the exercise of his
official functions being his Chief Security Officer. He met
twice Michaelangelo Suze in Diamond Hotel and also in the
COMELEC Office and there were times when I am aware that
Com. Virgilio Garcillano personally reports to GMA in
Malacanang;
23.
I still vividly remember when we were in Daet, Camarines
Sur, a certain Comelec Director Hassan based in Daet thought
that I was very close to Com. Virgilio Garcillano and he told me
that GMA should give at least Fifty Thousand Pesos
(Php50,000.00) for each Comelec Registrar to ensure the
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success of GMA. When Com. Virgilio Garcillano noticed that I
was talking with the Comelec Director, he scolded me;
24.
There are two other enlisted personnel who are
also detailed with Commissioner Virgilio Garcillano as security
personnel. One of whom is a townmate of the Commissioner
whereas the other one is a long time friend of his. These two
enlisted personnel are now back to their respective units, but they
have played a very sensitive role in the distribution of bags of
money as they themselves were the ones who manually carried
the bags of money and brought it for the purpose of
distributing the same.
25. May truth and justice prevail. The truth shall set us free!”
(emphasis supplied)
Testimony of Army Capt. Marlon Mendoza, under oath before the Joint Hearing
of the Senate Committee on Public Order and Illegal Drugs, Committee on
Games, Amusement and Sports, Committee on Constitutional Amendments,
Revision of Codes and Laws and Committee on Finance on August 10, 2005
“SEN. LACSON. … Anong basis ng statement mo na si Commissioner
Garcillano ay talagang nandaya for President Arroyo?
MR. MENDOZA. Unang-una po, kapag sinusundo ko si Virgilio Garcillano sa
bahay niya in the morning, sa bahay niya, kasama ko siya sa
breakfast, sinasabi niya sa wife niya na, “Kailangan manalo talaga
itong si GMA, kung hindi, hindi ako mako-confirm sa Commission
on Appointments; kung hindi, mawawalan tayo ng trabaho.” So, I
just kept silent on that, continued eating. Then, when I heard that Bong
Pineda gave 300 million far GMA, to support GMA’s election, so nasabi
ko, ‘Ito na ang gagamiting pondo.’
xxx
xxx
xxx
SEN. LACSON. Mayroon kang nabanggit na naka-save pa na text
message sa iyo galing kay Atty. Sumalipao ba ‘yong binanggit
mo kanina?
MR. MENDOZA. Yes, Your Honor.
SEN. LACSON. Puwede mo bang i-share sa amin kung ano ‘yong
nilalaman no’ng text message niya sa iyo?
MR. MENDOZA. Nagkamali po siya ng text message, napadala niya sa
akin. He maybe talking with some people asking for a favor
kung puwedeng manalo ang isang senador na ganito ang
puwesto. Ang sabi niya, “Malabong mangyari ang sinasabi
mong number 2 or number 1,” kasi there were three
candidates for senator in Mindanao. So, nakikita ko talagang
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dinadaya nila.
xxx
xxx
xxx
SEN. LACSON. Anyway, you mentioned a certain general who was
relieved for refusing to cooperate with the cheating
machinery in Mindanao at that time. Can you identify to us
itong heneral na ito?
MR. MENDOZA. He is General Gudani.
SEN. LACSON. Ah, ito rin iyong na-mention ni Commissioner
Garcillano doon sa tape na pinatanggal niya sa Mindanao
iyong assignment o pina-relieve dahil hindi nga nagkocooperate.
MR. MENDOZA. Yes, Your Honor
xxx
xxx
xxx
SEN. LACSON. At may nabanggit ka rin na nung makita mo si
Michaelangelo Zuce sa Mindanao o sa Cotabato ba ay naalala
mong nakita mo na siya sa Diamond Hotel noong Abril?
MR. MENDOZA. Yes, sir.
SEN. LACSON. Pero may kasamang mga - kasama rin si Commissioner
Garcillano at may kasamang mga Malacanang officials.
MR. MENDOZA. Yes, sir.
SEN. LACSON. Matatandaan mo ba kung sino iyong mga Malacanang
officials na kasama ni Mr. Zuce doon sa Diamond?
MR. MENDOZA. Once I see them, sir, I could easily identify them, sir.
SEN. LACSON. Mr. Chairman, can I direct the question to Mr. Zuce if he
can recall who the Malacanang officials being referred to by
Captain Mendoza in the Diamond Hotel?
xxx
xxx
xxx
THE CHAIRMAN (SEN. VILLAR). Yes. Mr. Zuce, please answer.
SEN. LACSON. In the Diamond Hotel meeting last April, April of 2004.
MR. ZUCE. Actually po, sa dami ng naging meetings namin, sir, sa
Diamond Hotel kasi paborito ho ni commissioner iyong Japanese
restaurant diyan, hindi ko na ho masyadong naalala kung -pero
meron ho talaga.
SEN. LACSON. Sinu-sino iyong - maski hindi doon sa Diamond o
ibang okasyon na nasa Diamond din, may nare-recall ka ba na
opisyal na galing Malacanang na nakikipag-meeting sa inyo ni
Commissioner Garcillano?
86
MR ZUCE. Ang madalas ho naming kausap doon, unang-una po iyong
si Butch Pakinggan na consultant po ni Sec. Romulo, and then
pati po iyong Usec niya na si Usec Ebarle, iyon na iyong
madalas kong natatandaan ko po.
xxx
xxx
xxx
SEN. PIMENTEL. Thank you, Mr. Chairman. Napakaganda iyong mga
testimony mo pero ang pangamba ko baka bukas nasa television
ka’t mag-sorry kayo kay Pangulo. Ano ba sa tingin mo, hindi
mangyayari iyon?
MR. MEN DOZA. No, Your Honor.
SEN. PIMENTEL. Very good.
MR. MENDOZA. Ito pong ginawa ko’y para po sa bayan at sa
katotohanan.
SEN. PIMENTEL. Tama iyon at iyon lang ang gusto namin na huwag
mag-testify dito sa mga hindi totoo. So, we’d like to present
therefore, along that line, Mr. Chairman, at kina-clarify ko lang
itong statements mo, a certain King James, iyon ba ay si George
Go King ng Cagayan de Oro?
MR. MENDOZA. He was only called as King James. Kingpin nga ang
tawag nila. I’m not particular what is kingpin. Hindi naman ako,
ngayon ko lang, first time ko lang ma-assign ng Comelec, then he
was a Chinese businessman, very rich, according to him. Doon pa
raw natutulog si GMA pag nasa Cagayan de Oro City. And he was
the one providing us for coordination, mobility and other things.
SEN. PIMENTEL. Now, dito sa number 8 ng iyong salaysay, binigyan
si Comelec Director Atty. Sumalipao ng cash. Sino’ng
nagbigay?
MR. MENDOZA. Si Zuce po.
SEN. PIMENTEL. Okay. Mr. Zuce, magkano iyong binigay mo kay
Sumalipao?
MR. ZUCE. Sa dami rin, sir, di ko na matandaan po.
SEN. PIMENTEL. Papaano ba, nakalagay sa envelope?
MR. ZUCE. Opo.
SEN. PIMENTEL. Makapal ba o manipis?
MR. ZUCE. Makapal.
SEN. PIMENTEL. Medyo makapal. Okay. Now, would you know anong
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denomination ng pera na inilagay sa envelope? One
thousand?
MR. ZUCE. Usually, sir, iyong dala ko ho kasi na ibinigay sa akin,
more on one thousand.
SEN. PIMENTEL. One thousand pesos. Okay. Now, number 12 sa
iyong salaysay, sinabi mo na I even personally saw a certain
employee under the office of Commissioner Garcillano who
was there for a couple of days to assist in the manipulation of
election results in favor of GMA.” Sino iyong employee na
iyon?
MR. MENDOZA. Si Ivan po. Ivan po ang pangalan niya.
SEN. PIMENTEL. At ito ay empleyado sa opisina ni Mr. Garcillano?
MR. MENDOZA. Yes, Your Honor.
SEN. PIMENTEL. Nakalimutan mo ang first name?
MR. MENDOZA. Nakalimutan ko pa kasi minsan lang po kami nagkita sa
office ni Garcillano at saka sa Daet, nakasama ko rin siya.
SEN. PIMENTEL. At dito sa number 23 sa iyong salaysay, nameet mo
raw si Comelec Director Hassan?
MR. MENDOZA. Yes, Your Honor.
SEN. PIMENTEL. To your knowledge, is he still there, nandiyan pa ba
siya, nandiyan pa siya sa Daet hanggang ngayon?
MR. MENDOZA. When I tried to contact Hassan, sabi niya nirelieve daw
siya ni Commissioner Virgilio Garcillano. Floating status daw siya
sa main. So, kinukumusta ko lang po siya kung what he could
reveal to me dahil makuwento po siya, eh. iyon pala wala na pala
siya doon. Kaya po ako tumawag dahil ‘kako baka marami pa
siyang ikuwento sa akin, iyon pala na-relieve siya.
xxx
xxx
xxx
SEN. DEFENSOR SANTIAGO. I see. This is a legislative inquiry in aid of
legislation on jueteng. During the period and the time when you
testified about your activities as a military officer, were you able to
observe jueteng operations or to access any knowledge about
jueteng except that you heard about Bong Pineda?
MR. MENDOZA. Talamak na po ang jueteng at kahit na mga ibang
classmate ko sa field, alam ko sinasabi nila nabibigyan din sila
ng konti po.
SEN. DEFENSOR SANTIAGO. Ah, sinasabi nila. Pero ikaw, ano ang
88
sinasabi mo? Iyon lang narinig mo.
MR. MENDOZA. Pero sa amin sa Batangas po, talamak po ang
jueteng. Marami pong tumataya doon araw-araw.
SEN. DEFENSOR SANTIAGO. All right. But this is not an inquiry about
Batangas. This is an inquiry about laws about jueteng. Now, let’s
go to your affidavit. You said “From April to June, I was assigned
as chief security officer for Commissioner Garcillano.” At
maraming masama ang sinasabi mo tungkol sa iyong dating boss
na pinakisamahan mo ng halos siguro isang taon. Ngayon, ang
tanong ko sa iyo ay ganito. Bakit ka naghintay ng halos lampas
ng isang taon para ibulgar mo itong mga sinasabi mong
masamang gawain ni Commissioner Garcillano lalong-lalo na
alam mong wala siya rito? Please do not deduct this;
Committee Secretary, from my five minutes.
MR. MENDOZA. Your Honor, pagod na pagod na po ako after that
election. Pagod na pagod na po ako sa pagsasabi sa religious
group. I even relayed this to Pastor Jojo Gonzales to inform
Bro. Eddie Villanueva that he was really cheated last election
dahil ang binoto ko po noon ay ang - ang pinabobotohan ko po
noon ay Si Bro. Eddie Villanueva dahil I am a...
SEN. DEFENSOR SANTIAGO. I understand the gist of your answer
now.
MR. MENDOZA. Yes, ma’am. Then.
SEN. DEFENSOR SANTIAGO. I am sorry, but I have to control this,
otherwise, I will run out of five minutes, ha. Ang tinatanong
ko lang sa iyo ay bakit, why did you not go public? Mukhang …
xxx
xxx
xxx
... go public. Mukhang kinausap mo lang pribado itong mga taong
ito. Now, my next question refers to your Paragraph 2 if you have
a copy of your affidavit. You said, “I distinctly heard Commissioner
Garcillano telling us Bong Pineda already gave P300 million to
support President Arroyo’s success in the election.” My question is
this, ikaw ba’y nandodoon nang binigay ni Bong Pineda ang pera
kay President Arroyo? Were you an eyewitness?
MR. MENDOZA. Wala po ako doon sa...
SEN. DEFENSOR-SANTIAGO. Did you ever see President Arroyo
during the entire campaign period close-up, well, apart from
the fact that she was on stage or was in a motorcade?
MR. MENDOZA. Nakita ko lang po siyang kausap doon ni
Commissioner Virgilio Garcillano sa loob ng rest house ni...
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SEN. DEFENSOR-SANTIAGO. Nag-uusap sila?
MR. MENDOZA. ...ni Villafuerte nang dumating po siya noon.
SEN. DEFENSOR-SANTIAGO. Nadidinig mo kung ano ang pinag-usapan
nila?
MR. MENDOZA. Hindi po, but ng nag…
SEN. DEFENSOR-SANTIAGO. All right. Thank you. So, hindi mo nakita
si Bong Pineda na nagbigay ng pera kay President Arroyo, kung
hindi narinig mo si Commissioner Garcillano, ‘no? Tama ba iyon?
MR. MEDOZA. Yes, Your Honor.
SEN. DEFENSOR-SANTIAGO. All right, good. Thank you. Did you ever
see President Arroyo distributing cash envelopes to any person,
hindi lang kay Commissioner Garcillano?
MR. MENDOZA. Wala po, Your Honor.
SEN. DEFENSOR-SANTIAGO. No. All right. Now, you seem to be a very
idealistic young man and you even said in your affidavit, “When I
was telling my classmate about these electoral irregularities, I felt
like crying.” Napakalakas ng sentimiyento mo.
MR. MENDOZA. Opo.
SEN. DEFENSOR-SANTIAGO. E di natural dahil marami kang naririnig
laban kay President Arroyo, natural ba na hindi mo na siya gusto.
Maybe we can use the word “you grew to dislike her” or shall we
use a stronger word “you grew to hate her”. Ano kaya?
MR. MENDOZA. Magaling po si President Gloria Macapagal Arroyo,
pero iyong na-witness ko po ay hindi ko na po nagustuhan
iyon.
SEN. DEFENSOR-SANTIAGO. Hindi mo na siya nagustuhan noon. Iyan
ba ang dahilan kung bakit noong ika’y naging estudyante ng
Advanced Engineering Course sa Camp Tinio, Nueva Ecija,
sinasabi na nag-distribute ka ng mga CDs laban kay President
Arroyo. Iyan ba ang dahilan, dahil ayaw mo na siya eh.
MR. MENDOZA. I was talking to my classmates and some upper
classmen that there was really cheating in the last election."
(emphasis supplied)
Testimony of Marine Col. Alexander Balutan, under oath before the Senate on
September 28, 2005 – about the pressure exerted on him by Army Col. Pirino to
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“slacken” his otherwise very strict election security measures in Lanao del Sur, made
possible by the fact that his Marine commander Brig. Gen. Francisco Gudani was
irregularly relieved from duty and instructed to go to Manila, play golf or go to Boracay
at the height of the counting of votes
“THE CHAIRMAN. … I would like to pursue a question of Colonel
Balutan. When you were there and during the conduct of
elections, including the campaign period, the casting of the
votes, and then the counting of the votes, did anyone
approach you to try to suggest to you, to advice you, to
influence you, to order you, or to bribe you to commit any act
which you would think is violative of the Election Code?
MR. BALUTAN. I can only remember, Mr. Chairman, that when the
replacement of General Gudani, Colonel Pirino assumed as
the…
THE CHAIRMAN. As task force commander.
MR. BALUTAN. …as task force commander.
THE CHAIRMAN. Right.
MR. BALUTAN. … which he was, in fact, telling us to, you know,
support the administration.
THE CHAIRMAN. Did he say this?
SEN. LACSON. In the election.
MR. BALUTAN. In the election, sir.
THE CHAIRMAN. Did he say this?
MR. BALUTAN. Yes, sir.
THE CHAIRMAN. As task force commander that was temporarily at that
point exercising operational control over you.
MR. BALUTAN. Yes, sir.
THE CHAIRMAN. Did he specify, did he define how this is going to
be done?
MR. BALUTAN. I do not know the mechanics of – there, sir, but in my
capacity as the battalion commander, mine is only security and…
THE CHAIRMAN. Yes.
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MR. BALUTAN. …what I mean is that maybe or perhaps his
insinuation that we support the administration is that we
slacken security.
THE CHAIRMAN. What were the exact words that he used?
MR. BALUTAN. To loosen security so that – because during that time,
the security of the marine battalion under my command was
very strict. Only those persons inside the canvassing area
were authorized, the representative…
THE CHAIRMAN. Meaning, your task was to protect the integrity of
the process.
MR. BALUTAN. Correct, Your Honor, Mr. Chairman.
THE CHAIRMAN. By preventing any incursion by any unauthorized
people into the proceedings.
MR. BALUTAN. Yes, Your Honor.
THE CHAIRMAN. Yes. And you were strict.
MR. BALUTAN. Very strict, sir.
THE CHAIRMAN. And is this the one you are referring to as
Colonel…
MR. BALUTAN. Colonel Pirino, sir.
THE CHAIRMAN. …Pirino when he asked you – what were the exact
words he used?
MR. BALUTAN. During the informal conference in the headquarters joint
task force Lanao, 1st Marine Brigade, he told us to support the
administration, sir.
THE CHAIRMAN. Support the administration. You had mentioned
about slackening. What do you mean by that?
MR. BALUTAN. Maybe that’s the only thing that we can do because
we don’t have access or, what do you call this, kung papaano
ginagawa ‘yong sa itaas, sir separate lang sa amin.
THE CHAIRMAN. Okay. Now, in your understanding because, you
know, there is a superior giving you – issuing you an order to
do something like slackening. You used the word
“slackening,” no. In your mind, how did that instruction to
you by your superior interpreted by you?
92
MR. BALUTAN. In the first place, I did not follow the order because I
know…
THE CHAIRMAN. No, no, no. How did you interpret the meaning of
that?
MR. BALUTAN. To loosen security.
THE CHAIRMAN. Anong dating sa ‘yo?
MR. BALUTAN. Ang sa akin, sir, luwagan namin ‘yong security doon
sa mga canvassing areas perhaps to allow cheating. (emphasis
supplied)
xxx
xxx
xxx
THE CHAIRMAN. Yes, okay. Do you know of any other officers in the
Armed Forces, any unit in the Armed Forces that might have
been issued instructions, influences, advices, bribes,
whatever, in their own area, not in your area who might have
been placed in the same situation?
MR. BALUTAN. I do not have any personal knowledge about this. But
during that time when General Gudani was in Manila and the
OIC, Colonel Pirino, was running the joint task force Lanao, …
THE CHAIRMAN. Yes.
MR. BALUTAN. …and practically commanding the 1st Marine Brigade,
somebody talked …/arg
MR. BALUTAN. …somebody talked to me by cell phone that I had to
follow the chain of command, meaning, they had to follow…
THE CHAIRMAN. What do you mean by that “follow the chain of
command”?
MR. BALUTAN. “Follow the chain of command” meaning, that I
have to follow Colonel Pirino.
THE CHAIRMAN.
Colonel Pirino. Sino’ng tumawag sa iyo?
MR. BALUTAN. The southcom, Mr.Chairman.
THE CHAIRMAN. Oh, pero …
SEN. LACSON. Colonel Quingco
MR. BALUTAN. Correct, Your Honor.
THE CHAIRMAN. But you have a brigade commander.
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MR. BALUTAN. Yes.
THE CHAIRMAN. Yes. And the brigade commander was General
Francisco Gudani.
MR. BALUTAN. That’s why there was…
THE CHAIRMAN. Were you informed of the reason why he was
absent at the critical time in the area of responsibility? Were
you informed why he was absent there?
MR. BALUTAN. We were surprised, Mr. Chairman. I was not
informed.
xxx
xxx
xxx
SEN. OSMEÑA. Colonel, would you just run through that again? I did
not quite catch something that you said earlier na mayroon
daw in a meeting a certain government official said that
members of the military should help Gloria Arroyo?
MR. BALUTAN. Sir, Your Honors, that was the statement of Colonel
Pirino who was the designated OIC of Joint Task Force during
the formal conference.
SEN. OSMEÑA. So he used the word “help?”
MR. BALUTAN. Yes, Your Honor.
SEN. OSMEÑA. Did he expound on it what they meant by “help?”
MR. BALUTAN. He did not expound on it.
SEN. OSMEÑA. What did you infer that he meant by the word
“help?” Does it mean campaign for? Does it mean assist?
Does it mean make things hard for FPJ? What did it mean?
MR. GUDANI. In my capacity as the battalion commander in the
area, that means to me to slacken security because we are in
charge of security.
SEN. OSMEÑA. Slacken security from whom?
MR. BALUTAN. The canvassing area, the transporting and the
escorting of the…
SEN. OSMEÑA. So, therefore, you are telling the Committee that
General Gudani was recalled to Manila and his replacement or
temporary
replacement which was Colonel Pirino gave the instructions
that you were to slacken the security of the canvassing areas?
94
For what purpose do you feel did Colonel Pirino issued that
instruction?
MR. BALUTAN. I feel that, so that cheating can push through.
SEN. OSMEÑA. Cheating.
MR. BALUTAN. Yes, sir, Your Honor.
SEN. OSMEÑA. Do you have any information how cheating was
undertaken?
MR. BALUTAN. I have no idea what kind or what level of cheating
because I’m very much focused on the physical security of the
canvassing area including the putting of check points, roving
in the whole of Marawi City during that time.
SEN. OSMEÑA. All right. Well, that will be all for now, Mr. Chairman,
and I would like General Gudani and Colonel Balutan to know
that they have done the Marines proud.” (emphasis supplied)
On October 5, 2005, Lanao del Sur Namfrel Provincial Chairman Hadji
Abdullah “Lachs” Dalidig executed an affidavit in Marawi City, Lanao del Sur, to
precisely attest to and confirm the fears of Gen. Gudani and Col. Balutan about the
run-away cheating in Lanao del Sur.
Affidavit of Lanao del Sur Namfrel Provincial Chairman Hadji Abdullah “Lacs”
Dalidig dated October 5, 2005 submitted to the CCTA on November 9, 2005 -exposing the massive cheating and falsification through “dagdag-bawas” of voting
results in Lanao del Sur in favor of President Arroyo and the pressure exerted on him
by Col. Gominto Pirino of the Southcom27 not to expose election anomalies
“That I was the Provincial Chairman of Lanao del Sur of National
Movement for Free Elections (NAMFREL) during the 2004 Elections and
as such, supervising more than 1,000 NAMFREL volunteers for all 39
Municipalities of Lanao del Sur plus Marawi City, I was able to observe
actively and closely the conduct of the 2004 elections in Lanao del Sur
and Marawi City;
That I was also the NAMFREL Provincial Chairman for Lanao del
Sur since 1992 election and prior to that I was Founder and Organizer in
1991 of the Islamic Movement on Electoral Reform for Good Government
(IMERGG) with active presence in practically all the Provinces in Muslim
27
the very same Army colonel who took over from Marine Brig. Gen. Francisco Gudani when the latter – at the
critical period during the counting of votes -- was relieved without valid basis and told by Navy Flag Officer-inCommand Admiral de Leon to go to Manila, play golf or go to Boracay, according to Brig. Gen. Gudani’s sworn
testimony in the Senate on September 28, 2005
95
Mindanao;
xxx
xxx
xxx
That I am in possession of official NAMFREL copies of
election returns (ERs) and certificate of Canvass (COCs) that proved
beyond doubt that massive cheating - that directly affected the
results of the presidential and senatorial election in 2004 took place
in Lanao del Sur.
That I officially reported this matter to higher-ups: JOECON
of NAMFREL but was ignored and they made public statements that
the election were free of fraud and cheating and this prompted me
to desist from turning over to NAMFREL national office the
voluminous ERs that could prove beyond any doubt that there was
massive cheating in Lanao del Sur;
That on June 7, 2004, I voluntarily appeared before the
MEDIA in a press conference at a Quezon City Restaurant and
exposed the FRAUD committed regarding the ‘DAGDAG-BAWAS’ in
Lanao del Sur and were still being committed at Lanao del Sur at
that time;
That on the basis of the ‘GARCI TAPES’ the President (GMA)
on June 8, 2004 made a call to Commissioner Garcillano after my
MEDIA EXPOSE whereby Garcillano offered to attend to the matter
by getting Rey Sumalipao Provincial Election Supervisor of Lanao
del Sur to help;
xxx
xxx
xxx
‘Conversation between Gary and GMA on 08 17:51 hotel June ‘04
GMA: Hello Garci? Anong gagawin natin dun sa NAMFREL presscon,
yung NAMFREL Lanao del Sur.
Garcillano: Inaano ko. Meron na ho akong kopya ng ifinax ni Nobong,
yung kay Dalidig. But, that is true because I have already my
staff whom I assigned in Lanao Sur. Pagkatapos ho si Rex
Sumalipao (?) the supervisor is coming and we will also try to
make him say something after this. Pagsasalitain ko sila ho
without letting the people know that I am the one who will address
it ho. Ganun lang po Ma’am.
GMA: Ok, ok.’
Atty. Sumalipao is now the COMELEC’s Assistant Regional Director for
ARMM.’
xxx
xxx
xxx
I know for a fact that the results from Lanao del Sur were among the
last that were transmitted to Congress.
I am a living witness to the massive cheating done in Lanao del Sur
so that the WOMAN in the TAPE got more VOTES that she deserved.
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To cite just five (5) more examples of the successful Dagdag Bawas
in favor of GMA (ARROYO) and to the deterrent of all other
presidential candidates:
Municipality of Saguiran
Votes per ERs
Arroyo
Poe
Lacson
Roco
Villanueva
1,926
3,460
367
1,000
55
Votes Per COCs
7,449
1,602
117
65
3
Municipality of Marantao
Votes per ERs
Votes Per COCs
Arroyo
Poe
Lacson
Roco
Villanueva
7,952
1,071
592
599
212
2,535
4,045
321
950
62
Municipality of Tarangka
Votes per ERs
Votes Per COCs
Arroyo
Poe
Lacson
Roco
Villanueva
5,345
500
65
74
6
1,393
2,862
108
426
17
Municipality of Wao
Votes per ERs
Votes Per COCs
Arroyo
Poe
Lacson
Roco
Villanueva
7,614
4,967
2,188
396
844
4,037
8,174
2,439
415
920
97
Dagdag
+
Bawas
+ 5,523
- 1,858
- 250
- 935
-52
Dagdag
+
Bawas
+ 5,417
- 2,974
- 271
- 351
- 170
Dagdag
+
Bawas
+ 3,952
- 2,362
- 43
- 352
- 11
Dagdag
+
Bawas
+ 3,577
- 3,207
- 251
- 19
- 76
Municipality of Balindong
Votes per ERs
Votes Per COCs
Arroyo
Poe
Lacson
Roco
Villanueva
6,298
1,196
269
519
0
2,864
2,834
168
1,326
39
Dagdag
+
Bawas
+ 3,434
- 1,638
- 101
- 807
- 39
That I could not forget Col. Gominto Pirino (INF) from SOUTHCOM
who approached me in my NAMFREL OFFICE at Marawi City, at the
height of the canvassing period in 2004 and told me that it would be
wise of me not to expose the election anomalies (Dagdag Bawas) in
the province because being a townmate from Balindong, Lanao del
Sur, he was promised to be promoted to General and many good
things for me would be forth coming but I didn’t listen to him,
thinking that I would run traitor to Islam, to my people and the
Republic.
That in the Municipality of Poona-Bayabao, the official COC, which
became one of the bases for the Congressional Canvassing at
Batasang Pambansa Gloria Macapagal Arroyo was given 4,700 votes
while all the other presidential candidates got zero. But the truth is
that all the other presidential candidates Fernando Poe Jr. (who got
the highest number) Panfilo Lacson, Raul Roco, and Eddie
Villanueva obtained votes as proved by the official ER’s given to
NAMFREL and are still in my custody.” (emphasis supplied)
Hajji Dalidig submitted his above affidavit when he testified before the CCTA on
November 9, 2005, on which occasion he even further emphasized and clarified that
the cheating and fraud that marred the voting in Lanao during the 2004 elections
made it the worst and dirtiest elections in history.
Testimony of Hajji Abdullah "Lachs" Dalidig before the CCTA on November 9,
2005, attesting to the massive "dagdag-bawas," among other frauds, that occurred in
Lanao del Sur during the 2004 elections, specially through the falsification of
certificates of canvass to reflect winning margins in favor of President Arroyo contrary
to the contents of electoral returns which showed results in favor of Fernando Poe, Jr.,
confirming the comparative tables in his affidavit
"MR. DALIDIG: Well, on July 7, 2004, I gave my statement that this was
the worst, dirtiest elections ever in history. Noong nangyari doon,
itong sinasabi nating dagdag bawas, pati Lanao, we experience all
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kinds of fraud, lahat ng klase ng cheating. Hindi lang nangyari
yung tulad ng sinabi ni Mr. Tabayoyong pero lahat ng pandaraya,
electoral fraud ng nakaraang eleksyon. Una yung pagcanvass ng
mga boto ng mga national at local parang pinaghiwalay. Kahit
yung sinasabing dagdag-bawas, yung boto ni Mrs. Arroyo
dinagdagan… dinagdagdagan ng almost all precints,
municipalities. Doon sa COCs. But if you are going to look at
the Election Returns, yung nakuha ni Mrs. Arroyo, mas malaki
pa ang nakuha ni Fernando Poe, Jr.
I can cite some municipalities wherein masasabi nating
nangyari iyan because we have our own evidence there tulad
ng Saguiaran. The vote of GMA, according to COC 7,449.
While yung Election Return, she got only 1,956. Ang nangyari
doon 250% ang nadagdag sa boto nya. Another example is the
municipality of Poona Bayabao, wherein kung titingnan natin
ang Election Return, mas malaki pa ang nakuha siguro ni FPJ
at saka lahat ng kandidato doon ng presidente nakakuha ng
boto. Doon sa Election Return. But if you are going to look
at the COCs, zero silang lahat. Ang nakuha ni FPJ… ay, GMA
4,700. Ang ibig sabihin, lahat ng boto doon ibinigay kay GMA.
ATTY. COLMENARES: … sa election kamo ng Saguiaran, ang boto ni
Pang. Arroyo sa election return 1,956. Pero sa COC naging 7,449
votes na o pagtalon ng 250% ang banggit mo. Ireiterate ko ang
banggit mo, doon sa Poona Bayabao, ang sabi mo, sa Election
Returns, may boto lahat ng kandidato pero pagdating sa
municipal canvassing ng Poona Bayabao, 4,700 ang kay GMA
at zero ang lahat ng kalaban nya sa presidential elections. Mr.
Witness, halimbawa lang ‘no, may papakita akong isang
halimbawa ng election returns sa Poona Boyabao Precint No.
25-A of the municipality of Poona Bayabao. Kilala mo ba ang
mga election returns na ito?
MR. DALIDIG: Ito ang original copy na ibinigay sa NAMFREL sa
amin. So, kung titingnan natin sa election return, you will
find out na si Panfilo Lacson, nakakuha ng isa.
ATTY. COLMENARES: Isa? Isang boto?
MR. DALIDIG: Isa. Si GMA nakakuha siya ng 35 votes. Pero si FPJ,
he got 72 votes. Si Raul Roco nakakuha siya ng 12 at si
Villanueva zero … Then compared it to the COC, Certificate of
Canvass, you will find out that all these candidates got zero
except GMA. Yan ang nangyari talaga na pandaraya doon sa
Poona Bayabao at karamihan doon sa municipalities sa Lanao
del Sur. I have also samples of the comparative tally of some…
some different municipalities.
ATTY. COLMENARES:
xxx
xxx
99
xxx
Mr. Witness … you are NAMFREL Chairperson, you are
supposed to monitor the election … pwede mo bang
ipaliwanag sa Kapulungang ito kung … papaano nagkaroon ng
discrepancy ang Election Returns at Certificate of Canvass …
Kung anong nakalagay sa Election Returns, iyon din ang
nakalagay sa Certificates of Canvass, paano ninyo ipaliwanag
kung papaano nakakuha ng zero sina Fernando Poe, Roco,
Villanueva’t Lacson kung mayroon naman pala silang boto sa
isang presinto lang, sa isang presinto lang ng Poona Bayabao
at hindi pa natin nabanggit yung ibang presinto?
MR. DALIDIG: I have been the Chairman of NAMREL since 1992, kaya
sinasabi ko na lahat ng paraan ng pandaraya nangyayari and this
time, iyong nakita namin na ginamit talaga ng election
officers, it is the election officers and the Board of Election
Inspectors yung namimili ng boto doon sa lahat ng lugar
naming para kay GMA. Kaya nang nagkaroon ng canvassing
doon sa Election Return, lumabas talagang totoong nakuhang
boto ng bawat isang kandidato, Pero the election… the COC was
not canvassed publicly, yung local canvassing ginawa ng mga
taong may authority, may responsibility sa election. Kaya
nagkaroon ako ng mga report na my volunteers were not
allowed to see the canvassing sa COC.
ATTY. COLMENARES: Hindi sila pinapasok ng Board of Canvassers?
Ano’ng kwento bakit hindi sila pinayagang makapasok?
MR. DALIDIG: Yes, hindi sila pinayagang makapasok. You know the
election officers even ordered to the soldiers na huwag
papasukin ang NAMFREL dahil alam nila na nagsasabi kami ng
katotohanan at we got also the Election Return pinahabol pa
namin doon sa mga bahay nila. That is why we got these 38
Election Returns out of the 39 municipalities, but in regards
to the COC, nakuha namin iyan, they text which (inaudible) COC
but we only got around 40 COC and SOV.
xxx
xxx
xxx
ATTY. COLMENARES: Mr. Witness … ano’ng ginawa mo pagkatapos na
malaman mong may nangyaring dayaan sa halalan noong 2004
elections?
MR. DALIDIG: Immediately, I made my report, halos every other day
kung ano’ng nangyari, pinapadala ko yung report ko doon sa
national office, kay Bill Luz, the Secretary-General of the
NAMFREL and Joe Concepcion, the Chairman of the
NAMFREL … we did a comparative computation on the
Election Return at saka yung COC. Then yun ipinadala
naming sa national office to prove what goes on during the
elections. Marami akong ebidensiya … may irregularities
talagang nangyayari doon sa mga tao ko. Hindi sila pinapasok
ng mga sundalo, yung hindi sila binigyan ng kopya namin sa
100
Election Returns at saka COC. We really tried our best, nakuha
namin yung tinatawag nating Form 1. So, may media pumupunta
sa opisina ko and they asked me … what really happened in
Lanao. And I showed them the truth of the election na talagang
nangyari doon ang pinakamaruming election sa Lanao del Sur
nitong 2004.
ATTY. COLMENARES: Paglilinaw lang, Mr. Witness, nag-submit ka ng
report sa national leadership ng NAMFREL, kay Joe
Concepcion, pinakita mo itong mga Election Returns kung
saan may mga boto ang mga kalaban ni Pang. Arroyo, pinakita
mo rin ang Certificate of Canvasss na biglang naging zero ang
mga kalaban ng Pang. Arroyo, sinasabi mo, bago palang, walang
ginawa ang Panguluhan ng NAMFREL sa ilalim ni Jose
Concepcion?
MR. DALIDIG: Yes. As I said, I have reported many times to Joe
Concepcion. …. But when I arrived here in Manila, I found out
that they have been talking already in the television that
election in Lanao is clean and honest. So, kaya, I said I should
make the people know the truth on these said election.
Kaya gumawa ako ng presscon, I guess some of our press
brothers here have been there at sinabi ko yung katotohanan sa
nangyari sa election.
xxx
xxx
xxx
ATTY. COLMENARES: May ipapakita akong isang dokumento, Mr.
Witness, ito’y isang affidavit pinirmahan ng isang
nagngangalang Hadji Abdullah “Lacs” Dalidig. Kilala mo ba
ang dokumentong ito, Mr. Witness?
MR. DALIDIG: Yes, Yes. My signature appears here. Ito ang binigay
kong affidavit para isubmit ito yung nangyayari noong
elections … In the municipality of Saguiaran, Arroyo got
1,950. In the election return. While in the COC, she got
7,499, nadagdagan ang boto niya ng 5,549. Kung titingnan
natin yung mga boto na nakuha ng mga kandidato, lahat sila
nabawasan. Tulad nitong kay Fernando Poe, 3,400 ang
nakuha niya doon sa Election Return. Nang lumabas dito sa
COC, ang nalagay lang dito 1,602. Then ang boto niya nakuha
sana 1,850 …
In Marantao, Arroyo garnered Election Return 2,535.
But in the COC 7,982. Nadagdagan uli ng more than 5,000,
5,447. Ang kay FPJ, sa Election Return, 4,045. While
pagdating doon sa COC, 1,071. Ang ibig sabihin nabawasan ng
2,974. Likewise with the other candidates. Dito naman sa
municipality of Taraka, Arroyo got 1,393 on the Election
Return. While on the COC, she got 5,345. Ang ibig sabihin,
nadagdagan uli ng 3,952. While FPJ got 2,862 in the Election
Return, pagdating sa COC 500 lang ang ibinigay. Kaya
101
binabawasan na naman ng 2,362. Municipality of Wao, the
Election Return, GMA got 4,037, on the Election Return.
Pagdating sa COC 7,614. Nadagdagan uli ng 3,577. Si FPJ
nakakuha ng 8,174 dito sa Election Return sa Wao. Pagdating
dito sa COC, Certificate of Canvass, 4,967 lang ang natira.
Ibig sabihin nabawasan uli ng 3,207.
In the Municipality of (inaudible), this is my hometown,
Arroyo 2,864 pagdating sa COC, nakuha nya, ang nakarecord
6,298. Nadagdagan ng 3,434. FPJ got 2,834. Doon sa COC
1,196 lang ang natira. Nabawasan ng 1,638. This also goes
with the other municipalities. Halos lahat ng munisipyo sa Lanao
del Sur. At saka ang pinakamatindi diyan yung nangyari sa
Poona Bayabao. Doon sa Poona Bayabao, tulad ng sabi ko,
everybody got zero and all the votes there was given to GMA,
yung 4,700 doon sa Certificate of Canvass. While if you are
going to look at our file, dito sa Election Return, you will find
out that all of the candidates got votes and FPJ got, I think,
mas malaki pa kay GMA.
ATTY. COLMENARES:
xxx
xxx
xxx
Mr. Witness, kilala mo ba si FPJ, Fernando Poe, Jr.? Supporter ka
ba niya o kampanyador?
xxx
xxx
xxx
MR. DALIDIG: Even in person, hindi ko siya talaga nakita.
ATTY. COLMENARES: Si Pang. Arroyo, kilala mo siya? Nagkita na kayo
ni Pang. Arroyo?
MR. DALIDIG: Well, with regards to GMA, we meet several times. Itong…
She even endorsed one of my NGO group, this Muslim
Multisectoral Movement for Peace and Development, on the peace
process between the Moro Islamic Liberation Front and the
government ...
xxx
xxx
xxx
ATTY. COLMENARES: Pero sinuportahan ka niya pero inexpose mo
ang fraud ni GMA? Bakit mo in-expose despite the fact na
sumusuporta siya sa NGO mo?
MR. DALIDIG: Well, I believe that a devoted Muslim, a devoted
Christian will do that, especially it involves the whole people
of the Republic.
ATTY. COLMENARES: Mga panghuling katanungan na lang, Mr.
Witness. Are you concerned of your safety? Natatakot ka ba
sa seguridad mo at ng pamilya mo?
MR. DALIDIG: Tulad ng karamihan, talagang nakakatakot itong
ginagawa natin. (Inaudible) Let the truth prevail (Inaudible). Ang
102
ibig sabihin kailangang huwag nating paghaluin ang katotohanan
at kasinungalingan, kailangang manaig ang katotohanan.
Additional to it, yun ngang sinabi ko when I came here noong
2004 na because I tried to fight for truth on July 7 on regards to
the 2004 elections. I asked myself if I am going… I ask myself
“Ano ba talaga ang mahalaga sa iyo?”, yung magkaroon ka,
halimbawa… you get the mandate of the people…. Kasi mga
kamag-anak ko, everybody was convincing me na “Huwag mo
na iyang gawin kasi nagsusuicide ka”. Sabi ko, I have to do
this kasi I prefer na ang magagalit sa akin or even the
President, but I will not… di ko makakayanan ang Allah, God
will be mad.
ATTY. COLMENARES: Last question, Mr. Witness, mayroon bang nagoffer sa iyo ng bribery or posisyon o pera para hindi mo gawin
ang pag-expose ng electoral fraud sa Lanao del Sur?
MR. DALIDIG: I think kahit hindi ko na sabihin, kayo mismo
masasabi ninyo na itong mga ebidensyang nasa akin. Kung
halimbawa talagang I prefer personal interest na magkaroon
ng malaking job, talagang mayroon ako ngayon, I might be
Undersecretary and have millions of money. Dahil talagang
nandyan yan, from left to right kung sinu-sino nagnenegotiate
na “Hadji Abdullah, why not stop this and you will get
anything.” I was even told that just step on the door of
Malacañang and they will give whatever you want. Ito rin ang
mga sinasabi ng mga taong nag-aagaw sa akin. (emphasis
supplied)
Thereafter, Hajji Dalidig reiterated and amplified on his above statements before
the Senate, under oath, on two separate occasions, on November 17, 2005 and on
December 8, 2005. We reproduce some excerpts as follows:
-- re his having kept the Namfrel copies of
election returns as evidence of massive
cheating because Namfrel ignored his reports
“I officially reported this matter to higher-ups, - he is there – Joe
Concepcion of NAMFREL, but was ignored and they made public
statements that the election were free of fraud and cheating and this
prompted me to desist from turning over to NAMFREL national
office the voluminous ERs that could prove beyond any doubt that
there was massive cheating in Lanao del Sur, which is with me right
now.” (tsn, Senate Committee on National Defense and Security,
November 17, 2005; emphasis supplied)
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“That I am willing to appear and testify before the Senate Committee
on National Defense and Security chaired by Senator Biazon,
investigating the truth of the Garci tapes and its implicaton to national
security considering that I am one of those mentioned in the tapes and
to show and present the authentic and official Namfrel copies of the
ERs in the Lanao del Sur now still contained in the balikbayan
boxes.” (ibid.; emphasis supplied)
-- re the incident when his townmate Col. Pirino
went to his Namfrel office for him to ignore
election anomalies because he will be promoted
to general, and the fact that he has replaced
Gen. Gudani (who confirmed that he was relieved
by Col. Pirino effective May 12)
“MR DALIDIG. …the election anomalies (Dagdag Bawas) in the province
because being a town mate from Balindong, Lanao del Sur, he
was promised to be promoted to general…
THE CHAIRMAN. Eto si Col. Pirino.
xxx
xxx
xxx
THE CHAIRMAN. Eto, s’ya mismo ang pumunta sa ‘yo?
MR. DALIDIG. Yes, in my office sa Namfrel.
THE CHAIRMAN. Paki-ulit nga kung ano ang sinabi – ano ang posisyon
n’ya nung panahon na ‘yon?
xxx
xxx
xxx
MR. DALIDIG. Pagka-alis ho ni – ang sabi niya, pagka-alis nitong
kaibigan ko si Gen. Gudani s’ya na ang pumalit kaya pumunta na
s’ya dun sa office ko.
THE CHAIRMAN. O, sige, Chairman. May I ask the question to Gen.
Gudani? What was the position of Col. Pirino?
xxx
xxx
xxx
MR. GUDANI. …Col. Pirino’s designation as acting commander, joint
Task Force Lanao in my absence.
THE CHAIRMAN. You were previously the commander…
MR. GUDANI. Yes, Mr. Chairman.
THE CHAIRMAN. …of that task force?
MR. GUDANI. Yes, Mr. Chairman.
THE CHAIRMAN. And then on May 12, you were relieved?
xxx
xxx
xxx
MR. GUDANI. …when I was sent to Manila." (tsn, Senate Committee on
National Defense and Security, November 17, 2005; emphasis supplied)
On April 3, 2006, Hajji Dalidig testified before the Senate anew together with
experts (and CCTA witnesses) Hermenigildo Estrella, Jr. and Roberto Verzola, re-
104
affirming portions of their testimonies pertaining to the massive cheating in Lanao del
Sur for President Arroyo during the 2004 elections.
D. Implementation of Electoral Fraud/
The Experts
Supplementing the foregoing eyewitness accounts of electoral fraud are the
sworn statements, testimonies, and power point slide presentations, of four expert
witnesses – Segundo Tabayoyong, Herminigildo Estrella, Jr., Francisco Alcuaz and
Roberto Verzola – all of whom testified before the CCTA, and two of whom (Estrella and
Verzola) testified before the Senate, as experts on the basis of electoral results either
from Congress, the dominant opposition and/or Namfrel. The reliability of their
statements may be judged on the basis of the documents examined by them and their
expertise, and in any event provide basis and leads for further serious investigation.
The power point and slide presentations of witnesses Estrella, Alcuaz and
Verzola conducted during the sessions provide clear and convincing exposition of the
various facets of the fraud that transpired during the 2004 elections, leading to a
conclusion that without electoral fraud, Pres. Gloria Arroyo could not have won the
presidential race.
Verzola, who did a comparative analysis of the NAMFREL results and Congress’
canvass of the presidential elections, declared that there is no other explanation for
the 1.1 million lead of Pres. Arroyo except electoral fraud:
“..therefore kung ang sinasabi ng official result 1.1 million ang panalo ni
GMA iyan po sa tingin ko ay resulta ng pandaraya. Nang around a
million to 1. 2 million votes.”
Verzola in fact stated that base on his study Mr. Poe could have won by 84,000
votes, although a different set of variables and assumptions may lead to a different
conclusion. The argument, however, that Pres. Arroyo would still have won the
elections even if shed did not chear is of no moment. Not only is this an immoral
position and difficult to establish, but the Presidium finds it unacceptable to have for a
President a candidate who committed massive electoral fraud.
Tabayoyong’s study on the other hand, provides a clear picture how electoral
fraud was committed. Tabayoyong was qualified as an expert witness when he testified
before the CCTA, as follows:
“JUSTICE CAPULONG: Galing po kayo sa NBI, ano po ang posisyon ang
inabot ninyo roon?
MR. TABAYOYONG: Nag-umpisa po ako nang 1961 bilang isang
understudy or job trainee on scientific examination of documents.
I completed four years, instead of two years that were required. I
participated in a qualifying course conducted by the national
academy of the NBI for the purposes of selecting candidates for
permanent position of a document examiner. Modesty aside, I
105
obtained the highest training among the first ten that were finally
recommended for appointment.
JUSTICE CAPULONG: Mayroon po kayong mga special training sa field
ng expertise ninyo?
MR. TABAYOYONG: Opo. Ako po ay nagsanay sa ilalim ng pagtuturo ng
mga dalubhasa sa NBI, karamihan sa kanila ay nanggaling na sa
abroad, specifically sa USA. We got, they would take us on
researches and studies on science of questioned documents
examination as grantees of studies.
JUSTICE CAPULONG: Sa loob ng napakatagal na panahon na kayo ay
naglingkod sa National Bureau of Investigation, pakisabi nga po
ang mga gawain ninyo na masasabi nating related sa subject
matter ng inyong testimony?
MR. TABAYOYONG: Magmula nang ako po ay na-appoint na document
examiner noong 1965, itinalaga na executive officer ng Questioned
Documents Division noong 1969, promoted ako (inaudible)
examiner noong 1972, I was appointed NBI Chief Document
Examiner noong 1972 I was Acting Chief of Questioned
Documents Division from 1975. I was appointed Chief of the
Questioned Documents Division 1980. Sa lahat ng panahon ho na
yan, ako po ay pinagsamsam ng questioned documents, nagsuri
ng mga… lahat ng mga klase, uri ng mga kaduda-dudang
dokumento. Ako po ay namahala sa aking mga tauhan sa
Questioned Documents Division, at sila ay nagsanay maging
experts sa aming linya nga trabaho. Nagkaroon din po ako ng
pagkakataon, maraming beses na gumampan ng tungkulin bilang
technical expert witness sa mga ibat’t ibang hukuman sa
Pilipinas, kasama na rin ang iba’t ibang mga administrative
bodies. Kasama rin po sa aking tungkulin ang pagtuturo sa mga
police officers, military operatives, mga tauhan at opisyales ng
mga bangko at financial institutions kung papaano maiwasan ng
mga bangko na sila’y malusutan ng mga bawal na dokumento. It
was my humble privilege to have authenticated the verification
and the anti-fraud (inaudible) processes from 1966 up to late
1990s. I have worked in and out in almost all of these banks.
JUSTICE CAPULONG: Mayroon po ba kayong special training o study sa
ibang bansa?
MR. TABAYOYONG: Nagkataon din po na ako ang pinadala sa Interpol
nong 1978 upang sumama sa symposium on criminalistics, magaral ng mga bagay na ginagamit ng mga kriminal na tao at ito rin
po ay dumaan sa NBI upang malaman nila ang sinasabing
establishment of forgery files.
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JUSTICE CAPULONG: Mayroon po ba kayong karanasan bilang
questioned document examiner sa mga dokumento ng COMELEC
o related documents sa halalan?
MR. TABAYOYONG: Opo. Ako ay nagkapalad humawak ng ilang
humigit-kumulang 25 kaso sa election protests and, on my own, I
have participated in other 300 cases handled by other examiners
of the Questioned Documents Division because the Questioned
Documents Division of the NBI functions as a collegial… collegial
body.
JUSTICE CAPULONG: Anu-ano pong mga dokumento sa karanasan
ninyong napag-aralan ang may kinalaman sa halalan?
MR. TABAYOYONG: Bago po dumating ang halalan ng May 2001,
karamihan po ng mga nasasangkot na dokumento sa kalokohan
sa halalan, ito po nasa kinabibilangan ng tinaguriang “first
generation of electoral fraud”. Ito ay may kinalaman sa pamemeke
sa mga balota. It was a long, tedious, risky process.” (tsn, CCTA
session of November 9, 2005, pp. 24-25)
We set forth the pertinent portions in Tabayoyong’s affidavit as follows -Affidavit of Segundo Tabayoyong dated November 9, 2005 submitted to the CCTA
– wherein, as questioned documents expert, he attested that 3,000 out of the 5,000
election returns that he has so far examined and analyzed (out of the 10,000
submitted to him by the opposition party Koalisyon ng Nagkakaisang Pilipino coming
mostly from the areas of Pampanga, Cebu, Iloilo and Bohol) were fraudulently
tampered documents, with voting results in favor of President Arroyo.
“11. On May 26, 2004, Horacio ‘Boy’ Morales, representing the
Koalisyon ng Nagkakaisang Pilipino (KNP) party, engaged my services to
examine election returns involving the candidacies of Fernando Poe, Jr.
for president and Loren Legarda for vice-president. Immediately
thereafter, I undertook the examination and analysis of election returns,
numbering about 10,000 which were copies furnished to KNP as the
dominant minority party that were presented to me for examinations.
These were mostly from the areas of Cebu, Bohol, Iloilo and Pampanga,
and later, including Ilocos Sur and other places. Specifically, I examined
the genuineness of the questioned election returns coming from the
areas mentioned.
12. Out of the 10,000 election returns, I had evaluated the
genuineness and authenticity of 5,000 thereof. I found out that
3,000 out of 5,000 I had examined so far, did not comply with the
due execution requirements of the law in clear violation of
COMELEC Resolution No. 6667 promulgated on March 15, 2004.
107
13. In the 3,000 election returns, I found the following
defects: (a) There were no closing signatures and thumb marks,
which defect I classify as naked pattern; (b) Some had closing
signatures but without closing thumb marks, which defect I classify
as semi-naked. (c) There may be fingerprints but were too tiny. (d)
There were fingerprints approximating thumb marks but were not
identifiable vis-à-vis the thumb marks in the lower portions of the
election returns which were certifications of the Board of election
Inspectors. (e) There were fingerprints in the election returns
containing unique or unusual designs which are not part of usual
thumb marks. (f) There was substitution of pages, mostly on page
one which contains the names of candidates for national positions:
(g) The preparation of the election returns did not follow the
chronological order. (h) An unusual kind of ink was used, which
defect is not readily noticeable to an ordinary person.
xxx
xxx
xxx
15. The results of my analysis and examination prove that the election
returns were prepared under the conditions that afforded the
‘operators’ of fraud the convenience of place and the luxury of time
which do not obtain in the ordinary course of election activities.
The findings also show that there was common authorship in the
making of entries in the election returns, which were performed by
‘golden arms’ or those taking care of the signatures and handwritings
and by the ‘pianistas’ or those faking fingerprints. All these indicate
that the election returns were not prepared in the election precincts
on election day but elsewhere. Simply stated, the election returns
were pre-fabricated and therefore spurious.”28 (emphasis supplied)
We have gone over a number of election returns and find that they contain
irregularities that go into their authenticity or the credibility of their contents. These
irregularities are sufficient in number and serious in nature that any proper
canvassing of the 2004 elections cannot be credibly conducted without resolving their
questionability. A substantial number of election returns are in fact defective on their
face, e.g., the serial number found in their page 1 is different from that found in their
page 2.
Highly irregular thumbprints
The phenomenon of irregular thumbprints is predominant in the election
returns of the provinces of Cebu, Iloilo and Bohol. The thumbprints marked on the
spaces provided in the Election Returns for the thumbprints of the members of the
Board of Election Inspectors (a) cannot be those of adults, because their sizes are too
28
“Until today, all the provincial election supervisors of Negros Occidental and Oriental, Iloilo, and Cebu
have failed to submit to the Comelec the final voters’ list in those provinces despite repeated demands by
the main office. Arroyo posted wide margins of victory in these areas, with Cebu province giving her the
biggest lead. Certificates of canvass show that Arroyo trounced Poe by 1,861,019 votes in the four provinces.
If there’s no final voters’ list in a province, how does one verify if the number of votes tallied with
those that registered?” (“How Comelec Got Into the Mess,” Aries Rufo, Newsbreak, December 5, 2005, pp. 26-27;
emphasis supplied)
108
small to be the thumbprint of an adult (the phenomenon became more pronounced
when we compared them to the thumbprints of the election watchers, also found in
the same page of these election returns; (b) cannot be said to be those of different
members of different BEIs in different precincts, as the marks are exceedingly similar
in pattern and the print so uniform in respect of their ‘irregular’ size.
Many of the CEBU election returns, such as those in the municipalities of
Mandaue, Maribojoc, Ronda, etc. (e.g., returns from barangays Tipolo, Lincad, Langin
etc) manifest the said phenomenon.29 Worse, similar sets of thumbprints were found
in Iloilo (such as the precincts in the municipalities of Calinog, Pavia etc.)30 and Bohol
(such as the precincts in the municipalities of Victoria,31 etc.).
The irregularity became more questionable when we found that the signature of
some BEI members in election returns were different from their respective signatures
in their respective voter registration forms, leading us to conclude that another person
signed in lieu of the member of the BEI whose signatures are dissimilar.32
Inordinately Clean Taras
We agree with Tabayoyong's expert and experienced observation that Election
Returns are filled up in the night right after the election in an atmosphere of tension
and confusion, when the members of the BEI are very hungry and tired. The
recording of votes in the Returns cannot be done in a clean fashion considering such
an atmosphere, among other factors. In view of this electoral reality, our attention
was caught by the fact that a substantial number of presidential election returns in
CEBU contained quite immaculately recorded votes. Worse, this ‘immaculate’ style of
recording is replicated in electoral returns from a substantial number of precincts,
from different municipalities, covering as wide an area as Mandaue, Maribojoc, and
others, in Cebu. The same phenomenon was observable with regard to returns from
municipalities in Iloilo33 and Bohol.34
Even more mysteriously, even as there are clean ‘taras’ in the first page of many
ER's, it happens that the recording of ‘taras’ in the second or third or fourth pages of
these ER's is often no longer clean.35
Irregular on its Face and therefore cannot be canvassed
29
For reference, see election returns of Precinct 0851 (Tipolo), Precints 34-A and 34-B (Lincad), and Precinct 37 A
(Langin), Cebu
30
For reference, see Precinct 97 A, Pavia, Iloilo, or Precinct 0103A, Libot, Calinog, Iloilo
31
For reference, see Precincts in Valencia, Victoria, Bohol
32
For reference, see the case of BEI member Neri Gripo.
33
For reference see Precinct 013A in Libot, Calinog, Iloilo.
34
For reference, see Precinct 0041A and 0041B in Victoria, Bohol.
35
For reference, see Precinct 136 A, San Isidro, San Fernando Pampanga.
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There are also election returns that are so irregular on their face that it is
virtually and legally impossible to canvass them. We found these in certain precincts
in Cebu36 and Bohol.37
Thus there are election returns that are completely blank as to make it
impossible to identify the precinct or municipality, and yet they contain carefully
recorded votes. In Iloilo, for example, ER 06202193 has no identifying marks but it
records 20 votes for FPJ and 135 votes for GMA.
On the other hand, there are also election returns without signatures of BEI
members, such as those from Manadue, Cebu. There are many other irregularities in
the returns, but those in the foregoing fashion are the most predominant.
For the major findings in the power point slide presentation of Tabayoyong that
was shown to the CCTA, we set forth the summarization published by Neal Cruz in his
column, as follows:
“In a powerpoint presentation, Legarda and her principal witness,
Segundo Tabayoyong, showed the Kapihan sa Manila forum last Monday
how the cheating was done. It was simplicity itself and very easy to do.
It was a new way of cheating, used for the first time in the elections of
2004. (Tabayoyong was a Questioned Document Examiner and former
chief of the Questioned Documents Division of the National Bureau of
Investigation. He has retired.)
Instead of changing the ballots at the precincts -- as was done in the
past, which is difficult and labor-intensive -- the cheating was done
on the election return (ER), the summary of the votes in the
precincts. Election returns of a city or municipality are totaled in
the Statement of Votes (SOV) which are, in turn, summarized in the
Certificate of Canvass (COC) for the province. It is the COCs that
are added by Congress to determine the presidential and vice
presidential winners.
What the cheaters did -- Legarda and Tabayoyong explained -- was
simply fill up new election returns, disregarding the ballots. These
spurious ERs were prepared in advance, by a special force of about 200
persons in two places in Metro Manila (one in a hotel near the Edsa
highway) and then sent to the provinces. Thus, the votes were already
counted and the "winners" known even before the voting started. It didn't
matter for whom the people voted. It was the special force that decided
the winners.
36
For reference, see Precinct 126 A and B in Basak, Lapulapu, Cebu.
37
For reference, see Precint 088-A, Ulbujan, Bohol (Page 2 serial number 05500591 is different from page 1), or
Precinct 009-A and B in Bauno, San Isidro, Bohol (page 2 serial number 05502399 is different from page 1).
110
The Commission on Elections has admitted that it overprinted
32,000 sets of these ERs before the elections. It has not explained
fully what happened to these excess ERs. It is believed that these
were the same fake ERs used by the cheating team. It was a
systematic, well-financed, well-managed and well-supervised operation
by professional cheaters, Legarda and Tabayoyong said.
The cheaters, however, made mistakes. And that gave them away. ERs
supposedly coming from areas thousands of kilometers apart were filled
in by the same hands, said Tabayoyong. The vertical tally bars ("taras")
used to mark the votes on the ERs were written very neatly and not in
the uneven manner when written in the precincts because of stress and
haste. There are columns where there are totals of votes but no bars.
There are totals that do not tally with the bars. Thumb marks used to
close the columns -- so no new bars could be added afterwards-were
small, purposely smudged to make identification impossible. Required
signatures were missing. Some had only initials instead of signatures.
Of the approximately 5,000 ERs analyzed, 3,000 were found to be
spurious.
The analysis also showed that the team gave De Castro an average of a
70-vote margin over Legarda, and Ms Arroyo, a 100-vote margin over
Poe. Therefore, the 32,000 sets of overprinted ERs could translate to a
vote-margin rate of approximately 2.1 million votes in the Legarda-De
Castro contest and around 3 million votes in the Poe-Arroyo race. Thus,
De Castro and Ms Arroyo had something like 2 million votes and 3
million votes, respectively, for "insurance." Even if their rivals won in
other areas, the insurance votes made sure Ms Arroyo and De Castro
won in the totals.” (“As I See It: How cheating was done in 2004 polls,”
Neal H. Cruz, first posted 00:34am (Mla time) Sept 28, 2005, Inquirer
News Service; emphasis supplied)
Members of the political opposition in the House of course attempted to expose,
during the national canvassing, the foregoing fact of egregious electoral fraud in favor
of President Arroyo, but were – as in the impeachment proceedings – rebuffed, for no
legal reason – by the administration bloc.
The House Minority Report has placed the following on record:
“Against the backdrop of the aforementioned events38, the Joint
Committee proceeded to determine the authenticity and due execution of
the certificates of canvass referred to it and preliminarily canvass the
votes cast for presidential and vice-presidential candidates. In the
course of these proceedings before the Joint Committee, the Minority
38
referring to questionable Comelec decisions such as the gigantic increase of registered voters from 33 million in
2001 to 43 million in 2004, the overprinting of three (3) million ballots and thirty-three thousand (33,000) election
returns which have remained unaccounted for, the sub-contracting of printing jobs to private entities, etc.
111
Members of the Joint Committee and the lawyers for presidential
candidate Poe and vice-presidential candidate Loren Legarda
manifested their comments and observations on as well as
objections to the certificates of canvass and supporting statements
of votes coming from several places pointing to electoral fraud in
said places and moved for the opening of the election returns from
the said places and the counting of votes as they appear in said election
returns submitted to Congress on the ground that the true will of the
people in these places as expressed and tallied in the election returns
had been altered by adding votes for Arroyo/de Castro and the municipal
certificates of canvass. In the course of the proceedings, two facts
stand out: a) the Majority Members of the Joint Committee and the
lawyer for GMA have not objected to any single COC, and b) the
Majority Members of the Joint Committee have uniformedly and
consistently refused to allow the opening and tabulation of the
election returns in spite of concrete evidence of electoral
irregularities, anomalies and fraud appearing on the face of the
electoral documents before the Joint Committee. (pp. 24-25;
emphasis supplied)
The CCTA is dismayed that, according to a sworn statement submitted the
Presidium by Atty. Sixto Brillantes, “the Congress copies of the ERs were replaced,
switched and substituted with fake ERs, the entries of which coincide and tally with
the SOV”. There must be serious efforts, therefore, to preserve the integrity of the
ERs currently under the custody of the COMELEC as a means of comparison to the
Congressional COC’s should a genuine investigation be undertaken.
II.
The Continued and Continuing
Deception and Cover-Up
To this day, President Arroyo and her allied officials insult the intelligence of the
entire Filipino people by insisting on her simple and simplistic “apology for lapse of
judgment” as sufficient “closure” for the national crisis.
From the confluence of acts and tactics subsequently adopted by them, the
President and her executive officials clearly thought, as they still think, that they
could and can camouflage her illegitimate presidency, by means fair or foul. But we
think that any fairly intelligent, right-thinking Filipino will see through these
continuing, relentless attempts at a cover-up that simply serve to confirm and make
more stark the factual and moral guilt of this administration.
We feel that the pieces of the puzzle will clearly fit into place with a bird’s eyeview of pertinent events. Hence we have set forth below a summary timeline, based on
the afore-described materials as well as all other relevant information that have come
to public knowledge and have been admitted or have not been denied, official
documents, official information, sworn statements and testimonies and the like, by
112
which every Filipino can glean for himself, as it slyly but clearly emerged, the
consistent pattern of a conspiratorial cover-up–
Timeline
October 10, 2002 – Garcillano was appointed head of “consultation” project in
Mindanao whereby, utilizing approved budgets from the Office of the President,
through Presidential Adviser Rufino, he conducts meetings with Mindanao
election officers to ensure the election of President Arroyo in the 2004 elections,
specifically, by determining in which areas her election chances are strong or
weak, which politicians can be tapped as allies, and influencing/pressuring the
election officers to support President Arroyo’s election in 2004
December 30, 2002 – President Arroyo announced to the nation that she is not
running for President in the elections of 2004
January 8, 2003 – Garcillano submitted his report to President Arroyo on the
results of his and Presidential Adviser Rufino’s “consultation” project in
Mindanao
October 1, 2003 (or ten months later) – President Arroyo announced to the nation that
she is running for President in the elections of 2004
February 11, 2004 (a little over four months thereafter and just a few months before
the 2004 elections) – President Arroyo appointed Garcillano Comelec
Commissioner
May 10, 2004 – national elections
May 12, 2004 – Marine Brig. Gen. Francisco Gudani was pulled out from
implementing strict election security measures in Lanao del Sur. In his stead,
Army Col. Pirino took over, pressuring Marine Col. Alexander Balutan to
“loosen” security
May, 2004 to June, 2004 – ISAFP personnel wiretapped conversations on the
cellphone of Garcillano
June 24, 2004 – after ignoring objections by merely having them “noted,”
Congress proclaimed Gloria Macapagal-Arroyo as President
July 23, 2004 – Fernando Poe, Jr. filed his protest with the Presidential Electoral
Tribunal
December 14, 2004 – Fernando Poe, Jr. died
January 10, 2005 – Susan Roces filed a petition for substitution with the Presidential
Electoral Tribunal (“PET’)
March, 2005 – Angelito Santiago delivered the Garci Tapes to Samuel Ong
113
March 29, 2005 – Susan Roces’ petition was dismissed by the PET
May 6, 2005 – Samuel Ong and Angelito Santiago met T/Sgt. Vidal Doble and Marieta
Santos at the Imperial Palace Hotel, Timog, Quezon City, where Ong gave Doble
P2 million and Doble was recorded on video-tape admitting that he was the
ISAFP personnel who gave the Garci Tapes to Ong
-- May – June, 2005 – members of the political opposition got hold of CDs of the
Garci Tapes and the public and the press got wind of its contents
May 15, 2005 – Alan Paguia stated that he received the Garci Tapes from former Sen.
Francisco Tatad39 for study
June 6, 2005 – Presidential Spokesman Ignacio Bunye conducted a press
conference whereby he presented two compact audio discs and announced
that these contain wire-tapped conversations, one showing a genuine
recording of the voice of President Arroyo talking with a “political leader”
(a certain staff member of Rep. Ignacio Arroyo surnamed Ruado40), and the
other showing a falsified recording, spliced to make it appear that it was
Garcillano, instead of Ruado, talking to the President and that the two of them
were talking about details showing electoral fraud in the 2004 elections.
At this June 6, 2004 press conference, Bunye --- emphasized that the 2 CDs are the product of a plan to destabilize
the administration;
-- admitted that it was indeed President Arroyo’s voice caught on
wiretapped tape recordings in one of the CDs that he was
holding, but took refuge from queries as to the source (of the
tapes) by invoking “privileged communication” and the penal law;
-- stated that the tapes were provided by a source but “she” does not
want to divulge her identity yet;
-- repeatedly said that examination of the CDs will be turned over the
NBI.
We quote his words:
“Q:
Sir, can we just clarify. So, you are saying that it was
indeed the President’s voice?
BUNYE: That is President’s voice, but the other party on the
line is not of a commissioner.
39
“Paguia: tapes came from Tatad,” Jess Diaz, The Philippine Star, July 7, 2005, p. 1. According to the latter
article, Tatad said the Garci Tapes came into his possession in early April, 2005.
40
A certain Gary Ruado is said to be the chief of staff of Representative Ignacio Arroyo.
114
Q:
And they were indeed having a conversation about
election results?
BUNYE: There is a conversation. This is privileged
conversation between the President and the political
leader. And, you know, this conversation was
wiretapped against our Revised Penal Code.”
xxx
xxx
xxx
BUNYE: No, no. This was given to us by a source. She does
not want to be identified at this time.
Q:
Within the government, Sir?
BUNYE: She does not want to be identified at this time.
Q:
Is the source of the original tape from the government?
BUNYE: She does not want. This is privileged information.
We are telling you that we have this original and we
have the spliced version.” (emphasis supplied)
June 7, 2005 – DZMM (Anthony Taberna and Gerry Baja, hosts on “Dos Por Dos”)
played the “Garci Tapes” of Atty. Alan Paguia on air for the first time
-- Lanao del Sur Namfrel Provincial Chairman Hadji Abdullah Dalidig
conducted a press conference at a Quezon City restaurant wherein
he exposed rampant election anomalies in Lanao del Sur
June 8, 2005 – Atty. Alan Paguia, former lawyer of President Joseph Estrada, released
to the media a 32-minute CD containing alleged conversations between
Garcillano and PGMA on the 2004 presidential elections.
-- Department of Justice Secretary (DOJ) Raul Gonzalez issued a warning
that those who possess the CDs are liable under Republic Act 4200
or the wiretapping law. The National Telecommunications
Commission (NTC) issued the same warning.
June 10, 2005 – former NBI Deputy Director Atty. Samuel Ong was presented by
the National Council of Concerned Volunteers at a televised press
conference at the Metropolitan Club whereat he announced that he has
the “mother of all tapes,” referring to the original tape recordings of
wiretapped conversations between President Arroyo and Comelec
Commissioner Virgilio Garcillano, and played a video recording which
showed an ISAFP personnel admitting to be the source thereof. Later that
night, he sought sanctuary at the San Carlos Seminary, then met with
Susan Roces.
June 15, 2005 – the NBI filed sedition charges against Samuel Ong. DOJ State
Prosecutor Emmanuel Velasco ordered the NBI to serve subpoena to Ong’s last
115
known address, with June 27 as his deadline for submission of counteraffidavit
June, 2005 – Atty. Alan Paguia submitted to, and the House played, his copy of the
Garci Tapes
June 22, 2005 – Mr. Bunye changed his earlier position and this time denied that
President Arroyo’s voice was ever wiretapped, attributed the contradiction
between this and his June 6, 2004 statement to the fact that the latter was just
based on his “first impression,” and explained that he had referred, on June 6,
2004, to an “original” (as distinguished from a “spliced” version) because he
relied on the labels “original” and “altered” respectively attached to the said
tapes which had been anonymously delivered to his house and from there to his
office in the morning of June 6, 2004.
We quote his testimony during the House of Representatives joint
Committee hearings of June 22, 2005:
“MR. BUNYE. Hindi po natin matukoy, but ito po ay dumating sa
aking tanggapan nung umaga ng June 6.
CHAIRMAN GOLEZ. Morning of June 6, and then?
MR. BUNYE. Ganito po yung nangyari, dahil inusisa ko po kung paano
nakarating itong dalawang CD na ito, ay yung nakagawian na po
na mga gusto pong magpadala sa akin ng mga liham, ng mga
dokumento na hindi po nakakarating sa Malacañang na
pinapadala po doon sa bahay ko sa Alabang. At kapag naiipon na
po ito ay yung isa ko pong aide ay dumadaan po duon sa Alabang
at kinukuha po these bunch of papers. Kaya’t nung morning of
June 6 ay andoon na po kasama po iyon doon sa bunch of
documents or papers that were on top of my desk. At…
CHAIRMAN GOLEZ. At nung alas-dos ng hapon, June 6, binanggit
mo na merong dalawang tape, sa iyong presscon, may isang
altered at may isang genuine.
MR. BUNYE. Ah, totoo po yan.
CHAIRMAN GOLEZ. Ibig ninyong sabihin, Mr. Secretary, sa loob ng
ilang oras nalaman mo kung ano ang genuine at kung ano ang
altered? Anong technology ang ginamit mo, Mr. Secretary,
para malaman kung ano ang altered at kung ano ang …
MR. BUNYE. Alam po ninyo, nung atin pong matanggap itong CDs
na ito nakalagay po sa brown envelope at nung akin pong
buksan ay meron markings na po ano, kung sino man po ang
nagpadala nitong tapes nito sa akin ay siya na po yung gumawa
116
ng markings. Nakalagay po doon sa isang CD ay original at
duon sa isang CD po ay altered. So, that’s how I got these…
CHAIRMAN GOLEZ. Ibig ninyong sabihin, Mr. Secretary, na doon sa
marking na ‘yon tinanggap ninyo na totoo without benefit of
analysis na iyong isa ay altered at iyong isa ay genuine?
MR. BUNYE. Ang ginawa po natin ay pinatugtog po natin pareho.
CHAIRMAN GOLEZ. At nalaman ninyo kung ano ang altered at kung
ano ang genuine? Paano n’yo nalaman ‘yon kung ano ang
altered at ano ang genuine?
MR. BUNYE. Actually, nakalagay lang po doon sa CD ‘no, yung
altered…original and altered, ‘no.
xxx
xxx
xxx
MR. BUNYE. Hindi po tayo technical person ‘no, sabihin na lang po
natin na dalawang tapes ‘yung nakarating po sa atin ‘no. At base
po doon sa labeling ay meron pong naka-label na original,
meron pong altered.” (Transcript of testimony of Bunye before
the Joint Hearing of the House Committee on Public Information
with the Committees on Public Order and Safety, National Defense
and Security, Information Communications Technology, and
Suffrage and Electoral Reforms, June 22, 2005; emphasis
supplied)
Likewise, changing his previous story, Mr. Bunye denied knowing the
identity of the source, insisting upon his new answer that the tapes were
anonymously delivered to his house, and that his earlier reference to a “she” as the
source was probably a typographical error “REP. ESCUDERO. Mr. Secretary, proceeding to another point. Sabi
n’yo po, hindi n’yo alam kung sino ang nagbigay sa inyo ng CD o
ng tape, tama po ba ‘yon?
MR. BUNYE. Ah, sinabi ko po na ito po ay dinala po nung
aming…aming aide, na pinik-up (pick-up) po ito doon sa bahay
namin sa Alabang at dinala po sa aming opisina. Ngayon, kung
sino po yung nagdala po sa…sa aming bahay sa Alabang, hindi po
natin alam.
REP. ESCUDERO. Secretary Bunye, on June 6, in a press conference
and I have the transcript, tinanong po kayo ng media doon, at sabi
po nila, “Nasa inyo ba yung original?” And I quote your answer,
“No, no. This was given to us by a source. She does not want
to be identified…
117
REP. ESCUDERO. (Continuing)… identified at this time.” At nong pinilit
po kayong sabihin kung sino itong “she” na ito, ang sabi po ninyo
doon sa press con ninyo, “This is privileged communication.”
Kilala n’yo po ba o hindi yung pinagmulan ng tape na sinabi
n’yong original?
MR. BUNYE. Hindi po natin nakikilala ito pong source ‘no, at ito po
ay … ang atin lang pong pagkakakilanlan po ito ay ito po’y galing
sa isa…nakalagay po sa envelop, brown envelop at wala naman
pong pangalan ‘no? Wala pong pangalan dito po sa…nakalagay
lamang po ay yung dalawang tape na meron pong marka na…
REP. ESCUDERO. Sino po yung tinutukoy n’yong “she” doon sa
inyong sinabing statement?
MR. BUNYE. Palagay ko po ay yan po ay typographical error ‘no, or
he, it might be a he or it might be a she. But ang point ay …
uulitin ko po ano, ito po ay dinala doon sa aming bahay sa
Alabang. We don’t know. We cannot be sure, but this, together
with the bunch of papers, were eventually brought to the Office.”
(emphasis supplied)
And when Rep. Chipeco further zeroed in on whom he was referring to on
June 6 as the source of the tapes, Mr. Bunye simply resorted to saying that was
just his “first impression.” He repeated this tack when asked who the “political
leader” was.
“REP. CHIPECO. … Tanong ko po, Mr. Secretary – unang una – sino ba
ang inyong source na sinasaad dito sa inyong press statement
ng June 6?
MR. BUNYE. Ah, iyan po ay initial impressions at akin pong
ipinaliwanag kung paano po nakarating ito pong tape na ito sa
ating tanggapan at afterwards how we later turned this over to
the National Bureau of Investigation.
REP. CHIPECO. No, you said the source – he must be a person, Mr.
Secretary. Who is that person?
MR. BUNYE. Your Honor, I am not – I do not know frankly – ah –
what we know is this envelope which contained the tapes
were delivered to my house in Alabang and this – together with
the other papers were delivered to my office.
xxx
xxx
xxx
REP. CHIPECO. Well, again, Mr. Secretary, another point. You said
the he is a political leader who happens to be the one talking
to the – to the President. Who is this political leader, Mr.
Secretary, that you stating in your press- press statement?
118
MR. BUNYE. He – Your Honor – that was an initial impression –
Your Honor.” (emphasis supplied)
However, when pressed by Rep. Crisologo as to his personal belief,
Mr. Bunye admitted that the voice on the tapes sounded like President
Arroyo.
“MR. BUNYE. When you heard the tapes that you played, both tapes,
Tape I and Tape II, Mr. Secretary, did you immediately believe that
it was the voice of President Macapagal?
MR. BUNYE. Your Honor, I have answered that question already, and I
have clarified that…
REP. CRISOLOGO. Just yes or no.
MR. BUNYE. I have…well, I…
REP. CRISOLOGO. Personally, did you believe that that was the
voice of the President?
MR. BUNYE. It sounded like the President.” (emphasis supplied)
June 27, 2005 – in the morning, at 11:15 a.m., the impeachment complaint of
Atty. Oliver Lozano against President Arroyo was filed in the House
-- in the evening, President Arroyo admitted, on national television,
that she had made a telephone call to a COMELEC official
during the 2004 electoral canvassing because she was
“anxious to protect her votes,” and apologized for the “lapse
of judgment;”
-- right after this apology of President Arroyo, then Secretary of
Social Welfare and Development (“DSWD”) Corazon Soliman
accidentally became privy to a conversation that happened in
the corridor outside the main dining hall of the Premiere Guest
House in a conversation involving her, the President and Sec.
Gabby Claudio. The President was informed by Sec. Claudio
that Atty. Lozano had already filed an impeachment
complaint in the House. The President inquired whether the
complaint has been endorsed, to which Sec. Claudio said that
it has not been endorsed. Sec. Soliman heard the President
say to Sec. Claudio to have the complaint endorsed already.
Sec. Soliman remembers President Arroyo saying “pa-endorse
mo na” and Sec. Claudio said that he will try to talk to
Congressman Marcoleta. Sec. Soliman even inquired from
Sec. Claudio whether this was the Congressman Marcoleta
119
from the party list and he responded in the affirmative.”
(August 30, 2004 statement of former DSWD Secretary Corazon
“Dinky” Soliman; emphasis supplied)
June 28, 2005 – Rep. Rodante Marcoleta endorsed the Lozano
impeachment complaint
June 29, 2005 – Susan Roces berated President Arroyo on live television for an
insincere apology and accused her of cheating, lying and of having stolen the
Presidency not once but twice
July 4, 2005 – the Lopez impeachment complaint (i.e., of Jose Lopez) was filed
July 6, 2005 – in his testimony before the House of Representatives, T/Sgt. Vidal
Doble confirmed having filed a complaint with the NBI against Samuel Ong
regarding their meeting at the San Carlos Seminary but admitted he was not
kidnapped by the latter; alleged that he is not a wiretapper but admitted that he
is indeed the ISAFP officer in the videotape aired on television who admitted
that he is the source of the Garci Tapes; explained that he was merely forced by
Ong to do the said videotape, through threats to his family; admitted having
received P2 million from the latter (Ong) at the Imperial (Palace) Hotel in
consideration for the tapes, but denied that the same was a bribe and alleged
not knowing the reason for Ong giving the money, stating (when repeatedly
pressed) that it could possibly be a donation:
“REP. ESCUDERO.
xxx
xxx
xxx
Sergeant Doble, una po kayong nakilala ng kinatawang ito, at
marahil ng marami sa ating kababayan, noong sinabi ni
Attorney Ong na kayo daw iyong ISAFP agent na nagwiretap na produkto… na ang produkto ay iyong tape na
hawak-hawak niya. Totoo po ba ito?
MR. DOBLE. Hindi po, Your Honor.
REP. ESCUDERO.
Hindi kayo wiretapper?
MR. DOBLE. Hindi po, Your Honor.
REP. ESCUDERO. Ngayon, may lumabas pong video na
nagsasabing inaamin ninyo na kayo ‘yon, kayo nga po ba
iyong nasa video?
MR. DOBLE. Opo, Your Honor.
REP. ESCUDERO. Sabi ninyo sa isang affidavit na ipinalabas
ninyo binayaran lamang kayo para lumabas sa video at
aminin na kayo ang wiretapper. Tama po iyon?
120
MR. DOBLE. Ang totoo po, Your Honor, ay tinakot po ako at
binantaan ang aking pamilya na may mangyayari po,
Your Honor.
REP. ESCUDERO. Hindi po kayo binayaran?
MR. DOBLE. Hindi po binayaran, Your Honor, ibinigay po sa
akin ‘yung pera.
REP. ESCUDERO.
Paki-ulit po uli?
MR. DOBLE. Hindi ako binayaran, ibinigay po sa akin ‘yung
pera, Your Honor ….
REP. ESCUDERO.
Magkano po?
MR. DOBLE. Ah dalawang milyon (2 million) po, Your Honor.
xxx
xxx
xxx
REP. ESCUDERO. Kinidnap (kidnap) po ba kayo o pumunta kayo
sa San Carlos?
MR. DOBLE. Sinama po ako doon, Your Honor.
REP. ESCUDERO. Boluntaryo?
MR. DOBLE. Opo, Your Honor.
REP. ESCUDERO. At pinapanindigan ninyo pong kinidnap
(kidnap) kayo ni Attorney Ong?
MR. DOBLE. Hindi po, Your Honor.
REP. ESCUDERO.
kayo?
So hindi po totoong kinidnap (kidnap)
MR. DOBLE. Opo, Your Honor.”
xxx
xxx
xxx
REP. CAYETANO.
xxx
xxx
xxx
Simula doon magbigay ka ng salaysay para maintindihan
namin kung paano ang isang Sgt. Doble ay pumasok sa
pangyayaring ito. Paano nag-umpisa? May lumapit lang sa
iyo bigla, tinutukan ka ng baril o… paano nag-umpisa?
MR. DOBLE. Ayon nga po sabi ni Lito po na ipapakilala niya po
ako sa boss niya po, Your Honor
REP. CAYETANO. Paki kuwento mo lang tuloy-tuloy para hindi
maubos ang oras ko sa tanong.
121
MR. DOBLE. ‘Yun nga po, Your Honor, bale sinama n’ya ako doon
sa Timog, sa may Salakot, nag-antay kami doon, merong
isang Chinese-looking guy na nag-entertain sa amin siguro
more or less 30 minutes pagkakain namin ng almusal
dumating itong si ano, isang lalaki at ipinakilala sa akin ni
Lito na ‘yun nga si Atty. Samuel Ong.
REP. CAYETANO. Tuloy-tuloy lang. Anong nangyari doon sa ano,
sa pag-uusap n’yong ganon, kailan ka in-offer-an ng pera,
tuloy-tuloy lang po hanggang umabot ka ng San Carlos
Seminary.
MR. DOBLE. ‘Yun nga po, ‘nung nandoon na kami sa Salakot
bale pinakilala na nga sa akin ni Lito si Atty. Ong na isa
raw na Deputy Director ng NBI. Ngayon, bale nagkuwento
na kaagad itong si Atty. Ong na may balak silang gawin sa
gobyerno, na dahil masyado na raw ang… rampant na raw
ang corruption at ang katiwalian. In fact, nabanggit niya sa
mga magiging…sinasabing Committee on Elders.
Nabanggit niya rito sina Bro. Eddie Villanueva, dating Chief
of Staff Jocelyn Nazareno, dating General Jimmy delos
Santos, Mayor Binay…’Yun lang po ang natandaan ko sa…
REP. CAYETANO. Tapos anong nangyari? Doon mismo pumayag
ka na o hindi pa?
MR. DOBLE. Hindi po. Bale ‘yun nga po nagyaya doon sa… doon
daw kami kakain ng tanghalian sa Imperial Hotel.
REP. CAYETANO. Tapos ‘yung kinuwento mo na kanina,
nangyari nagbigayan ng dalawang milyon sa Imperial
Hotel?
MR. DOBLE. Opo, Your Honor.
REP. CAYETANO. So, lahat ito isang araw, isang araw ka lang
pinakilala, pinakain ng almusal, ng tanghalian, lahat ng
impormasyon na ‘to sinabi sa ‘yo, isang araw lang
naganap ‘to lahat na ‘to?
MR. DOBLE. Opo, Your Honor.
xxx
xxx
xxx
REP. ROSALES. Yeah, please. Pagkatapos hiningi niyo hindi
naman niyo tinanggap ‘yung…hiningi niyo yung pera pero
tinanggap lamang ninyo ito, yung 2 million pesos, gusto ko
lang pong malaman, ‘yung 2 million pesos na iyan po,
ano po ba iyan? Iyan ba ay donation sa inyo o suhol…
xxx
xxx
xxx
MR. DOBLE. Kay Atty. Ong niyo na lang po itanong, Your
Honor.
122
CHAIRMAN G.C. REMULLA. Hindi…paki… Sa inyong
pagkakaintindi, ano ba ho iyon? Pakisagot lang po ng
tanong. Ito ba ho ay suhol o donation, sa inyong
pagkakaintindi?
MR. DOBLE. Hindi ko po alam, Your Honor.
CHAIRMAN G.C. REMULLA. Tinanggap po ninyo, ano ho ang
ibig sabihin noon? Ito ba ay para sa inyo ay isang
donation o suhol? Napakasimple po. Ano ba ho ang
nasa isipan ninyo?
MR. DOBLE. Ang pagkasabi lang po ni Atty. Ong ay para sa
akin, Your Honor.
CHAIRMAN G.C. REMULLA. So, para ho doon, sa palagay
ninyo, donasyon ba ho iyon?
MR. DOBLE. Maaari po, Your Honor.
CHAIRMAN G.C. REMULLA. Sa palagay ba ho ninyo suhol
iyon?
MR. DOBLE. Hindi ko rin po alam, Your Honor.” (T/Sgt. Vidal
Doble, t.s.n., Joint Hearing of House of Representatives
Committee on Public Information with Committees on
Public Order and Safety, National Defense and Security,
Information Communications Technology, and Suffrage and
Electoral Reforms, July 6, 2005; emphasis supplied)
July 7, 2005 – having gotten wind of the impending resignation of several key and
Cabinet officials, President Arroyo ordered all cabinet members to resign41
July 8, 2005 – ten cabinet members and other officials (the “Hyatt 10”) resigned
-- the Makati Business Club called on President Arroyo to resign
-- the Catholic Bishops Conference of the Philippines adopted neutrality
-- the House of Representatives issued three subpoenas to Garcillano42; all were
ignored
41
“In an apparent move to preempt desertion by her key Cabinet members, President Macapagal-Arroyo last night
demanded the resignation of her Cabinet to allow her to initiate constitutional amendments and declared she would
not give in to demands that she step aside.
xxx
xxx
xxx
‘So what resignation are they going to announce tomorrow when they have all been considered resigned,’ the source
said.” (“GMA tells cabinet: Quit,” Gil C. Cabacungan Jr. and Christian V. Esguerra, PDI, July 8, 2005)
42
served at his residence in Cagayan de Oro and a condominium, and a farm in Bukidnon
123
July 10, 2005 – the CBCP, then headed by Archbishop Fernando Capalla, issued a
pastoral statement in which they did not join the clamor for resignation of
President Arroyo but which left open three options for the resolution of the
crisis: voluntary resignation, impeachment, and creation of a truth commission
to inquire into allegations that the President had manipulated the 2004
elections
July 14, 2005 – Garcillano flew by Learjet to Singapore, then from Singapore to
London43; the fact of departure was denied by Bureau of Immigration
Commissioner Alipio Fernandez
July 18, 2005 – in response to calls from the Catholic Bishops Conference of the
Philippines, President Arroyo wrote to outgoing CBCP President and Davao
Archbishop Fernando Capalla and stated her position that she will be
forming a truth commission. Spokesman Ignacio Bunye told reporters she
will issue an executive order creating the probe commission and that she
will be consulting various stakeholders like the CBCP in selecting its members44
-- the House issued a warrant of arrest for Garcillano
July 19, 2005 – President Arroyo filed her Answer to the Lozano impeachment
complaint45
July 25, 2005 – the State of the Nation Address was delivered by President
Arroyo, in which she elaborated on the need for charter change but made
no mention at all of the Garci Tapes scandal
-- through her National Security Adviser Norberto Gonzales, President
Arroyo procured a contract with the foreign law firm Venable Llp. to lobby
and procure United States grants or congressional funds for the purpose of
43
as proven much later, from the note verbale of the Singapore government dated August 31, 2005, which reads:
“The Ministry of Foreign Affairs of the Republic of Singapore presents its compliments to the Embassy of the
Republic of the Philippines and has the honour to refer to the latter’s Note: 146.2005 dated 24 August 2005
requesting additional information on the circumstances surrounding the entry and subsequent departure from
Singapore of Commission on Elections Commissioner Virgilio O. Garcillano Jr.
The Ministry has the further honour to inform the Embassy that Mr Virgilio Garcillano transited in Singapore
on 14 July 2005 onboard a Learjet 35 with the registration number RP-C 1426. Mr Garcillano departed
Singapore on 15 July 2005 on board Singapore Airlines Flight SQ 320.” (emphasis supplied)
This note verbale was indorsed by Foreign Affairs Secretary Alberto Romulo to the House, as follows:
“Relative to your Department’s invitation to the DFA to attend your hearing on the flight of Commissioner Garcillano
we are transmitting to you the 31 August 2005 note verbale from the Singapore Foreign Ministry received by our
Embassy on 4 September 2005 containing further details on his entry to and departure from Singapore on 14 and 15
July, respectively.”
44
“GMA to form truth body,” Christine O. Avendaño and Christian V. Esguerra, PDI, July 20, 2005, p. A1
45
i.e., even before the Lozano and Lopez complaints could be acted upon by the Speaker of the House and referred
to the House Committee on Justice (Congress was not in session)
124
effecting Philippine constitutional amendments, including a change to a
federal and parliamentary system of government
-- the political opposition filed the Amended Impeachment Complaint in
the House of Representatives
-- the three impeachment complaints were simultaneously referred by the
House Speaker to the House Committee on Justice46
August 3, 2005 – Michaelangelo “Louie” Zuce testified in the Senate about
electoral fraud directed by Garcillano and benefiting President Arroyo in
the 2004 elections, submitting his Affidavit dated August 1, 2005 detailing,
among others, electoral fraud special operations under the direction of
Garcillano, which included recruitment and bribery of election officials,
attaching thereto copies of official documents supporting his allegations
August 4, 2005 – jueteng witness Richard Garcia tearfully apologized to President
Arroyo on national television, but did not retract his sworn statement on
jueteng against the Arroyos
August 8, 2005 – Abraham Demosthenes Riva retracted his sworn statement on
jueteng against the Arroyos
-- Corazon “Dinky” Soliman wrote “Why I Resigned From Government, And
Asked My Boss To Resign As Well, a personal piece by Dinky Soliman
(August 8, 2005),” wherein she attested that after her apology for a “lapse
in judgment,” it became abundantly clear that President Arroyo’s real goal
was “survival at all cost”
August 10, 2005 – at a televised press conference, Atty. Pedro Ferrer, lawyer of
President Arroyo, admitted that President Arroyo was speaking with
Garcillano in the tapes “to protect her votes,” saying that was okay and not
a problem; however, when asked why the President called up Garcillano even as
it was Congress that was canvassing the votes for presidential candidates, Atty.
Ferrer had no answer;47
46
The House Journal of July 25, 2004 reads: “Upon direction of the Chair, the Secretary General read on First
Reading the Impeachment Complaints and the Amended Complaint against President Gloria Macapagal-Arroyo,
which were referred to the Committee on Justice:
Impeachment complaint against President Gloria Macapagal-Arroyo filed on June 28, 2005 at 11:15 a.m. by Atty.
Oliver O. Lozano and endorsed by Hon. Rodante D. Marcoleta and Hon. Rolex T. Suplico and attachments
Impeachment complaint against President Gloria Macapagal-Arroyo filed on July 4, 2005 at 4:30 p.m. by Atty. Jose P.
Lopez and endorsed by Representative Antonio C. Alvarez.
Amended Complaint against President Gloria Macapagal-Arroyo filed on July 25, 2005 at 9:30 a.m. by Roque and
Butuyan Law Offices, Atty. Oliver O. Lozano, Hon. Escudero, Zamora, Suplico, et. al. and endorsed by Hon. Ocampo,
Hon. Mariano, Hon. Beltran, Hon. Virador, Hon. Casiño, Hon. Maza, Hon. Rosales, Hon. Aguja, and HontiverosBaraquel, et. al.”
47
See also The Philippine Star, Aug. 11, 2005, p.11
125
-- Michaelangelo Zuce testified again before the Senate on electoral fraud
-- Army Capt. Marlon Mendoza testified before the Senate on election
anomalies in the 2004 elections, submitting his Affidavit dated August 6,
2005, corroborating the testimony of Michaelangelo Zuce, and thus
likewise the Garci Tapes
Aug 12, 2005 – jueteng witness against the Arroyo family Ferdinand Gerardo recanted
his incriminating statements on the ANC Channel but was cut short by the
emergency press conference held by Environment Secretary Michael Defensor;
-- in that emergency press conference at the Sulo Hotel, Defensor stated that a
portion of the Garci Tapes containing President Arroyo’s voice was
spliced to convert the word “Binalbag” to “Dagdag, dagdag” as well
as change the sentence “Mananalo ba si FPJ by 1M?” to “Mananalo
ba ako by 1M?,” and thereby confirmed that “that is the voice of the
President but that is not the President talking.” He presented
Jonathan Tiongco, an expert sound engineer, who confirmed that the
Garci Tapes were spliced, and likewise referred to American expert Barry
Dickey, referred by Tiongco, as saying there were “anomalies” in the
Paguia tapes submitted to the House which he had examined48
-- Jaime Sarthou, one of the expert sound engineers to be supposedly
presented by Sec. Defensor in this press conference, turned out to
have been misled, such that he immediately left the venue. He later
recounted in his sworn statement dated February 26, 2006:
“14. Sometime in August 22, 2005, a certain Jonathan Tiongco
called me and asked me to be part of a team of audio
experts that will be hired by Sec. Mike Defensor to analyze
the Garci CDs. I was supposed to be given by Sec. Defensor
tracks of CDs to analyze.
15. I went to the meeting place expecting a briefing, as I was told,
on what we were supposed to do and the tracks we were
supposed to study. I met with Sec. Defensor and to my
surprise a press conference immediately ensued where
Mr. Tiongco presented his findings that the Garci CDs
were spliced and tampered with.
16. However, in my capacity as recording engineer, I did not
find any basis to support the findings of Jonathan
Tiongco. I find the CD he presented to be substantially
different from the other CDs. The files that were
presented contained splices and anomalies for us to
48
When anchor Karmina Constantino asked, “So you admit that the tapes show those of GMA and Garcillano?”
Sec. Defensor did not answer but instead mouthed long, irrelevant sentences to the effect that the impeachment
complaint is based on falsities, whether using the Samuel Ong, Paguia, or other version of the 3-hour Garci Tapes.
126
‘find’. Disgusted with the deception and feeling used, I
silently left the press briefing.”49
August 13, 2005 – Sec. Corazon “Dinky” Soliman’s article regarding her resignation
was published by Rina David in the Philippine Daily Inquirer
Aug. 16, 2005 – Sen. Serge Osmeña III showed on television notes from Michaelangelo
Zuce showing the handwriting of Garcillano recording bribes to COMELEC
officials
-- at the impeachment proceedings continued by the House Justice Committee,
congressmen debate on whether or not to consider the “prejudicial
questions” of Rep. Edcel Lagman or discuss the form/substance of the
complaints
Aug. 17, 2005 – Sen. Sergio Osmeña III showed on television documents from
Michaelangelo Zuce written by local Comelec official Atty. Francisco Pobe
regarding the “vote acquisition” project of President Arroyo during the 2004
elections
-- Rep. Alan Cayetano held a press conference before the continuation of
the House Justice Committee hearing, reporting the early morning
raid on the house of
former NBI Deputy Director and 2004 vice-presidential candidate
Loren Legarda witness Segundo Tabayoyong, exposing fabricated
election returns that Tabayoyong was examining
-- television anchor Ricky Carandang quoted Sen. Gilbert Remulla as saying
that the July 14, 2004 flight Garcillano to Singapore has been confirmed
by the Department of Foreign Affairs50, but that Commissioner of
Immigration Alipio Fernandez remains clueless
August 18, 2005 – A) the PDI published the following --- According to the DFA, Garcillano departed July 14 from the Manila Domestic
Airport aboard RP-C 1426 Subic Air Learjet, arriving in Singapore on the
same date and, according to a Singapore government report (which
Singapore report DFA Undersecretary Franklin Ebdalin said he got “a few
days back”), departed for an unknown destination the next day
-- Garcillano left aboard a jet bound for Cebu which changed destination in
mid-air; Air Transportation Office51 Chief Nilo Jatico denied knowledge of
the identity of the passengers in the jet, saying ATO is concerned only
with aircraft registry and flight plan of pilots
-- the news report that Tabayoyong raid is confirmed; 41 boxes of election
returns were seized by the PNP CIDG/ISAFP;
49
Mr. Sarthou later volunteered to testify and did testify before the CCTA as expert
50
hereafter, “DFA”
hereafter, “ATO”
51
127
-- an article wherein Tabayoyong discussed details of the manner of fabrication
of election returns during the 2004 elections
B) in the news program TV Patrol --- Tipo-Tipo, Basilan election supervisor Rashma Hali confirmed the
harassment employed upon her by the military to pressure
her into cooperating with Garcillano
-- sound engineer James Sarthou stated his opinion that it is the
Bunye tapes that are fabricated, whereas the Paguia tapes are
not
August 19, 2005 – President Arroyo issued E.O. 453 creating the 54-member
Consultative Commission on charter change
-- “Public Consultations” begin…
-- over ANC Channel
-- expert sound engineer Jaime Sarthou stated that the word
“dagdag” in the Garci Tapes truly exists and was spoken, not
fabricated by splicing whether from “Binalbag” or any other
word/s
-- President Arroyo’s lawyer Romulo Macalintal rebutted Tabayoyong’s
statements regarding the irregularities that he saw in the election
returns that he examined (e.g., re the size of the thumbmarks, the
color of the ink, etc.)
-- Rep. Escudero rebutted the statements of Atty. Macalintal
August 30, 2005 – former DSWD Secretary Corazon “Dinky” Soliman issued her
statement disclosing how, after issuing live on television her
admission/apology on June 27, 2006, President Arroyo had instructed
Presidential Adviser Gabriel Claudio to have Rep. Rodante Marcoleta
indorse the impeachment complaint which, according to Claudio, the
latter had already filed that morning:
“STATEMENT OF CORAZON JULIANO SOLIMAN, August 30, 2005
Good morning, ladies and gentlemen, dear friends. The past two
hearings of the Justice Committee of the House of Representatives has
been quite instructive for me as a citizen concerned with the truth and
concerned for the future. I have listened patiently to the debate on the
prejudicial questions, starting with seven and now narrowed down to
two. I have come to realize that procedures and technicalities are quite
important in order to delimit or expand the scope of the impeachment
proceedings at the House of Representatives.
128
It is only now that I have come to realize the full import of the
Lozano complaint, and how it could operate to exclude other complaints
subsequently filed, if one were to believe the position of some
congressmen, based on their reading of existing law and precedents from
the Supreme Court. Today I would like to share with you an incident
which I believe would shed some light on this issue.
Last June 27, 2005, when I was still Secretary of the
Department of Social Welfare and Development, we were called to a
meeting in Malacanang and watched on a large television the live
coverage of the ‘I am Sorry’ speech of the President. After the
speech, the President joined the Cabinet members, and it was
during this occasion that we congratulated her, gave her a bouquet
of roses and even sang to her.
But more than that, I was privy to a conversation that
happened in the corridor outside the main dining hall of the
Premiere Guest House, the full meaning of which only dawned upon me
of late. In a conversation involving me, the President and Sec.
Gabby Claudio, the President was informed by Sec. Claudio that
Atty. Lozano has already filed an impeachment complaint in the
House. The President inquired whether the complaint has been
endorsed, to which Sec. Claudio said that it has not been endorsed.
I heard the President say to Sec. Claudio to have the complaint
endorsed already. I remember her saying “pa-endorse mo na” and
he said that he will try to talk to Congressman Marcoleta. I even
inquired from Sec. Claudio whether this was the Congressman
Marcoleta from the party list and he responded in the affirmative.
At the time I was not aware of the significance of that
conversation, but at this juncture of the impeachment proceedings, I
believe it is important that I make a statement in the interest of truth
and fairness. I am sorry Madam President if this further aggravates the
situation, but I firmly believe that I have to speak out and let the people
know the truth." (emphasis supplied)
-- the Black-and-White movement likewise issued its statement
revealing their realization that President Arroyo has adopted
the policy and practice of committing whatever government
resources it will have to take to achieve her single aim of
survival at all cost. We quote:
“Survival-At-All-Cost”
(Or, How To Run One’s Country to the Ground)
Hyatt 10 statement read by former Education Secretary Florencio
‘Butch’ Abad at the Black & White Movement’s August 30 forum
129
The impeachment process may abruptly end this week. It will
likely end without the parties in the case being given the
opportunity to present the substantive issues underlying the
amended impeachment complaint, as well as, the evidence
supporting them. For this reason, we, the ten cabinet secretaries
and key officials who resigned last July 8 and who appealed to
PGMA to voluntarily relinquish the Presidency, would like to take
this opportunity to share with you information that will explain
further our decision to resign, information that the public must
know.
In our resignation statement, we expressed alarm over the
‘survive-at-all-cost’ policy that the President had adopted in
dealing with the crisis. We were afraid that from then on
decision-making would be dictated not by the demands of
reform and good governance but mainly by political
accommodations to serve the ends of day-to-day political
survival.
We saw this policy at work in a number of incidents at the
height of the crisis; allow us to cite some of them:
1. We took issue with the President about her reliance on parallel
groups making decisions and operating without transparency and
any accountability, except perhaps to her. We complained that
this manner of operation was confusing and resulting in said
groups working at cross-purposes with offices with the mandate to
perform their functions. For example, we were surprised in one
meeting where the President admitted having to rely on Rep.
Ronnie Puno as ‘crisis manager’ at the height of the Garci tape
crisis when there were people in the Cabinet who could be just as,
if not more, competent, to handle the situation.
We wondered: Were other parallel and unaccountable groups
relied upon by the President to help her out at other instances,
particularly in the 2004 elections?
2. During a meeting between a small group of Cabinet secretaries
and the President, the group insisted that apart from convincing
her husband, the First Gentleman, and their son, Rep. Mikey
Arroyo, to go on self-imposed exile, she should also consider giving
up certain officials closely identified with the First Gentleman.
When the president pressed them for names and the group
mentioned the name, Ephraim Genuino of Pagcor, the President’s
response almost floored them: ‘I need Genuino because he
provides me with support. He takes care of media and the bishops
for me.’
130
We wondered: What did the President mean by those words? What
role do Genuino and Pagcor play for the President in relation to
the media and the bishops?
3. On July 5, in a Cabinet meeting a week after her “I am
sorry” speech, the President expressed remorse over her
public statement on the Garci tape, chastised those of us who
insisted on her speaking about the tape and complained that
she drew more flak than public sympathy for her apology.
We wondered: Did she make the admission on the Garci tape
out of a sincere desire to tell the truth? Or, was the apology
made out of fear that some Cabinet members might resign if
she did not? Was this the reason why a majority of the people
viewed her public apology as insincere?
In the same Cabinet meeting, the President announced, in
light of what she perceived as escalating attempts to destabilize
her government, a new framework for governance – national
security.
Again, many of us wondered: Was the President now confusing
her own survival with that of the state, so that any criticism
directed at her would now be viewed as attacks on the
security of the state itself? Is this new doctrine what drove
ISAFP agents to raid the San Mateo apartment of Mr.
Tabayoyong without any legal justification and in clear
violation of Mr. Tabayoyong’s constitutional and political
rights?
The latest issue that has hit the headlines—the resignation of
SBMA Chairman Francisco Licuanan—again graphically
illustrates this ‘survival-at-all-cost’ syndrome.
This time, the cost is competence and professionalism in
governance, the ability of the government to attract highly
qualified and dedicated men and women of integrity from the
private sector to serve in government. It was not enough that Mr.
Licuanan had to be sacrificed to give way to what is generally
suspected to be an impeachment quid-pro-quo. Unable to explain
Licuanan’s abrupt resignation, unnamed Administration officials
had to resort to lies—that ‘he did not have a taste for the
bureaucratic life’ and that the workload at SBMA was ‘too
stressful’ for him—fabrications that Licuanan politely rejected as
“wrong impressions.”
Again we asked: How many more competent and deserving people
in government will be sacrificed and how many more juicy
positions in government will be doled out in exchange for support
in the impeachment process?
131
Today, the House Committee on Justice may finally decide to
consider the original Lozano complaint as the appropriate
complaint to be discussed in the ongoing impeachment hearings.
The vote will mean the exclusion of the amended Lozano
complaint, which was originally endorsed by 43 representatives
(and which we are told has since increased to more than 70 as of
yesterday) and where a number of individuals and organizations
were co-complainants.
We have serious reasons to doubt that the Lozano complaint
was simply a solitary effort by Atty. Oliver Lozano to impeach
the President. It more likely appears to us to have been part
of a grand plan, known or not known to Attorney Lozano, to
frustrate the impeachment process right from the start. If
this is true, we feel this is yet again another scheme
perpetrated to ensure the President’s survival, at the cost of
the integrity of the Constitutional process of impeachment.
We are bothered by these thoughts because of an incident that
occurred on that memorable night of June 27, right after the
President made her now-famous “I am sorry” speech before our
people. For this purpose, allow me to recognize an eyewitness to
an exchange between the President and a key Cabinet official
regarding an impeachment complaint that was filed in the
morning of that day, former DSWD Secretary Dinky Soliman.
Like you, we are disturbed by questions arising from said
incident: Was it a coincidence that Attorney Lozano filed his
impeachment complaint in the morning of June 27, and in
the evening of the same day, PGMA made her ‘I am sorry’
speech on the Garci tapes? Or, was the weak and possibly
defective-in-form Lozano complaint part of a grand conspiracy
to frustrate and preclude the filing of an honest-to-goodness
impeachment complaint that the Palace anticipated would
arise from the public admission made by the President on the
Garci tapes? If that is so, were Attorney Lozano and party-list
Representative Marcoleta aware of such a plan?
If that is so, is this the reason why anti-impeachment proponents
in the House Committee on Justice have adopted a very restrictive
and narrow interpretation of the impeachment rules and the
Constitution to favor the consideration of the original Lozano
complaint to the exclusion of the substantial amended complaint?
These are questions we have raised just on this particular
incident. We have more to ask as we did earlier. And, more
important, you too, citizens of this country, have your own
questions that deserve answers. You deserve the truth, no less.
132
Right now, the venue where we can demand answers, testimonies
and evidence from all parties is the impeachment trial, the only
constitutional process available and acceptable to many to ferret
out the truth. What happens when the House Committee on
Justice votes to consider only the original Lozano complaint and
subsequently acts to throw it out on a technicality? What do we do
next?” (emphasis supplied)
-- the House Justice Committee hearings on the impeachment complaints
continued, with the motion of Rep. Lagman that his “7 prejudicial
questions” be tackled first before the Committee tackles sufficiency of
form/substance being carried, with 54 votes in favor, 24 votes against,
and 3 abstentions
-- TV Patrol featured news to the effect that five Representatives have
decided to sign the Amended Impeachment Complaint, namely,
Reps. Edmundo Reyes, Dudut Jaworski, Ace Barbers, Renato
Magtubo, and Gilbert Remulla
September 4, 2005 – the Department of Foreign Affairs received the note verbale
of the Singapore government attesting to the arrival of Garcillano in
Singapore on July 14, 2005 and departure for London on July 15, 2005
but did not immediately transmit the information to the House of
Representatives Committees investigating the Garci Tapes controversy
despite their earlier issuance of a warrant of arrest for Garcillano
September 5-6, 2005 – the House of Representatives ruled that the Lozano
impeachment complaint was filed prior to and therefore bars the Lopez
and the Amended Impeachment Complaints from being officially acted
upon by the House, on the basis of the constitutional prohibition against the
filing of more than one impeachment proceeding within a year; thereafter, the
House dismissed the Lozano impeachment complaint on the ground of
insufficiency in form and substance52
-- In his privilege speech, Rep. Remulla revealed facts showing the
underhanded escape of Garcillano from the country through
conspiratorial acts among agencies of government (discovered by
him through his own high-level contacts in the diplomatic
community and foreign services), despite the contempt citation and
warrant of arrest against him by the House, as follows:
“1. Mr. Garcillano arrived in Singapore on board a Lear jet of the
Subic International Air Charter, Inc. on July 14, 2005.
52
According to the House Journal, “With 158 affirmative votes, 51 negative votes and 6 abstentions, the House
approved Committee Report No. 1012 on House Resolution No. 933 submitted by the Committee on Justice,
pertaining to the dismissal of the impeachment complaints against President Macapagal-Arroyo.”
133
2. Said plane is the same plane identified as RP-C 1426 which media
organizations had reported as the one used by Mr. Garcillano
to escape from the country, and as the aforecited airline and the
Air Transportation Office (ATO) had claimed to have a flight
manifest showing only two pilots and a flight engineer as the
plane's passengers.
3. Said plane is the same plane that the Bureau of Customs,
AVSECOM, Manila International Airport Authority and Bureau
of Immigration (BI) and Quarantine Office had cleared as
having no passengers except for its crew.
4. The Singaporean Foreign Ministry had submitted a letter to the
Philippine Embassy in Singapore the previous week about the
matter.
… Rep. Remulla rued the fact that the Department of Foreign Affairs
(DFA) has refused to give a copy of said letter to the House despite
his office's follow-up. He asked whether it has to take foreigners to
help obtain the truth … Opining that the situation smells of coverup and conspiracy, he stressed that it is astonishing to say the very
least for a former Comelec Commissioner to have such influence
over the ATO, BI and the aforecited airline.” (Journal No. 14 of the
House of Representatives, September 5, 2005; emphasis supplied)
September 21, 2005 – on the anniversary of martial law, in the wake of protests
following the dismissal of the impeachment complaints, the
administration and the PNP announced the policy of “calibrated preemptive response” or “CPR” (in substitution of “maximum tolerance”) in
enforcing B.P. 880
September 26, 2005 – vice-presidential candidate Loren Legarda presented at the
Kapihan sa Maynila documents expert (and later, CCTA witness) Segundo
Tabayoyong and the latter’s power point slide presentation regarding his study
which led to the discovery of thousands of fabricated 2004 electoral
returns in favor of President Arroyo
September 28, 2005 – the undated and unpublished E.O. 464 (directing all executive
officials not to testify before the House or the Senate without the permission of
President Arroyo) was first made known to the public through the testimony
of Marine Brig. Gen. Francisco Gudani before the Senate on that day
-- notwithstanding E.O. 464 and the frantic efforts of the administration
to prevent his testimony, Brig. Gen. Gudani testified in and
submitted his Affidavit to the Senate, exposing his pull-out and
relief for more than a week by an Army Colonel Pirino, without valid
reason, from his mission of guarding the election results at the
height of the counting of votes in Lanao del Sur, with his superiors
advising him to go to Manila, play golf, or go to Boracay
134
September 29, 2005 – expert witnesses testified in the Senate on the anomalies
tainting the railway project of the North Luzon Railways Corporation
October 6, 2005 – the Bayan Muna rally was violently dispersed, precipitating the
filing of G.R. No. 169838, a petition to declare B.P. 880 null and void
November 8, 2005 – the CCTA was launched
November 9, 2005 – Hadji Abdullah Dalidig testified before the CCTA on the
falsification of election results in Lanao del Sur during the 2004 elections
in favor of President Arroyo, as shown specially in the discrepancies between
Namfrel election returns and the Comelec Certificates of Canvass, submitting
his Affidavit dated October 10, 2005, and recounting his press conference on
June 7, 2004 exposing election fraud as precipitating the Garci Tapes
conversation referring to him
November 17, 2005 – Marine Brig. Gen. Francisco Gudani testified in the Senate
anew regarding election irregularities such as in Poona Bayabao, Lanao del
Sur
-- Hadji Abdullah Dalidig likewise testified in the Senate on electoral fraud,
re his testimony before the CCTA and the contents of his affidavit
middle of November, 2005 – Garcillano surfaced from his refuge in Mindanao (“Hello
Garci,”
Newsbreak, January 30, 2005, pp. 10-12)
November 29, 2005 – the House of Representatives passed a resolution
transforming Congress into a “Constituent Assembly”
November 30, 2005 – submission by Samuel Ong to Senate Committee on National
Defense and Security of the VCD reproduction of the alleged "mother of all
tapes" and transcripts thereof and of VHS tape containing alleged interview of
T/Sergeant Vidal Doble regarding circumstances behind the "mother of all
tapes"
December 4, 2005 (Sunday) – Garcillano surfaced in Maguindanao province
(www.Sunstar.com.ph, December 5, 2005 issue)
December 8, 2005 – Hadji Abdullah Dalidig testified in the Senate on the
egregious discrepancies between election results as contained in Namfrel
election returns and as contained in the certificates of canvass
-- Marieta Santos, former girlfriend of T/Sgt. Vidal Doble, testified in
the Senate that the latter, as wiretapping team member of
ISAFP MIG 21, Camp Aguinaldo, was the source of the Garci
Tapes, who delivered the same to former NBI Deputy Director
Samuel Ong for P2 million, and that his July 6, 2005
recantation of his video-tape (admitting to his being the
source) is not borne of the truth but, rather, of acts of
135
intimidation and blackmail by the ISAFP against him and his
family53
December 12, 2005 – DA Undersecretary Jocelyn “Joc-joc” Bolante fled for
abroad, the very day he was supposed to appear for a Senate Committee
hearing on the fertilizer funds scam
December 13, 2005 TSN – testifying before the House, Garcillano denied having
knowledge of when the canvassing in Lanao occurred with respect to his alleged
conversation with President Arroyo, stated that he was afraid to surface
because the administration or the opposition might do something to him,
denied being in Singapore, Brazil and Malaysia, or boarding a LearJet dressed
as an engineer on July 14, 2005, admitted that election return fraud is
possible, and admitted that he entertained requests of politicians through
phone calls
Dec.15, 2005 – the Abueva Commission released its recommendations for charter
change; President Arroyo endorsed the commission’s report to Congress
December 31, 2005 – National Security Adviser Norberto Gonzales admitted,
during a Senate hearing on Venable Llp. contract, that President Arroyo was
wiretapped
January 19, 2006 – during the hearing scheduled by the Senate Committee on
National Defense and Security on this day on P.S. Resolution No. 295
(investigation on the Wiretapping of the President of the Philippines), key
resource persons from the AFP failed to appear because of E.O. 464. This
was the fourth (4th) invitation issued by the Committee
-- Michaelangelo Zuce testified in the Senate anew about electoral fraud
53
15. On Monday, June 13, 2005, between 10:30 - 11 :00 a.m., Jeff received a call from
wife Arlene on his cellular phone, which conversation I heard, as Jeff's speakerphone was on. I heard Arlene
say, "Dad, kung itutuloy mo iyan, kalimutan mo na kaming pamilya mo. Di bale na ako, pero isipin mo yung
mga bata." Immediately after that conversation, Jeff looked troubled and told me that his wife and children
were taken by the ISAFP from Kidapawan City in North Catabato and were being held in Manila as leverage
to try and persuade him to go with them. Jeff then said that he had to leave the seminary soon,as his
children were in danger. He asked if I could stay behind, to which I replied, "Anong gagawin ko dito?;"
SEN. LIM. Bakit biglang nabaligtad ang pangyayari nung mapasakamay si Sergeant Doble ng ISAFP
iba na ang kanyang dinedeklara na siya ay pinilit, na diumano hindi sa kanya galing ‘yung
tape. Alin ba ang totoo?
MS. SANTOS.
Ang totoo po sa kanila nanggaling iyong tape. Kaya po siya bumaligtad dahil
hinawakan po ng ISAFP ‘yung pamilya niya, kinuha po sa Kidapawan City.
SEN. LIM. Ang ibig mo bang sabihin ‘yung pamilya ni Sergeant Doble ang
hinostage ng ISAFP kaya siya bumaligtad?
MS. SANTOS. Hindi ko po alam kung “hostage” ang tawag doon basta
kinuha po nila
sa Kidapawan ‘yung asawa niya at saka ‘yung dalawang anak at dinala dito sa Quezon City,
diyan sa…(pages 3-4, V-1, 10:44 a.m.; emphasis supplied)
SEN. LIM. Sinabi ba ni Technical Sergeant Vidal Doble na siya talaga ang nag-wiretap?
MS. SANTOS.Opo.” (Marieta Santos, t.s.n., Senate Committee on National Defense and
Security, December 8, 2005, pp. 4-7, IV-1; emphasis supplied)
136
-- Marieta Santos likewise testified in the Senate on further details of the
progeny of the Garci Tapes
February 24, 2006 –
o Presidential Proclamation 1017 issued;
o the offices of The Daily Tribune and of Abante and Abante
Tonight were raided; materials were seized; a PNP team was
posted in the premises of Tribune54;
o the military deployed troops to the compounds of TV networks
ABS-CBN and GMA 755
o Chief of Staff Michael Defensor announced that media
organizations face risks of being taken over by the government,
saying: “[Closing down a media outfit] depends on how it (an
interview) will be carried out. We hope at this point there will be no
interviews that will be put out relating to the extreme Right and Left
in the present situation.”56
o Hours after Ms Arroyo’s declaration, “Ngayon na Bayan!” lost its
block time on dzRJ.
o EDSA rally dispersed; Ayala p.m. rally dispersed in the evening
o DOJ filed non-bailable charges of coup d’etat vs. Honasan, et al.
o PNP SAF chief Chief Supt. Marcelino Franco placed under house
arrest; three others – Senior Supt. Benjamin Magalong, Chief Insp.
Ericson Dilag, and Insp. Ryan Paloma -- were placed under
“restrictive custody” for alleged participation in an attempted coup
d’etat
February 25, 2006 – Rep. Crispin Beltran was arrested in Bulacan
February 26, 2006 – a six-hour Marine stand-off transpired at Fort Bonifacio,
resulting from the relief of Marine General Renato Miranda following the
decision of his subordinate Marine Col. Ariel Querubin (together with First
Scout Rangers Gen. Danilo Lim) to join EDSA 1 street protest marches
“Hordes of civilians tried to join the crowd, but were kept at bay by
antiriot members of the National Capital Region Command and Southern
Police District who set up barricades on Lawton Avenue fronting the
Marine headquarters.
Former President Corazon Aquino herself was stopped at Gate 3 of
Fort Bonifacio on Pasong Tamo Extension, some 300 meters from Gates 7
and 8 of the Marine headquarters, on orders of PNP Director Vidal Querol.”
54
“Tribune seeks high court’s intervention,” PDI, February 28, 2006, second Frontpage
55
“Tighening The Screws,” Cyril L. Bonabente, PDI Research, PDI-Opinion, March 19, 2006, pA14
56
ibid.
137
During the standoff, Presidential Chief of Staff Michael Defensor calls for a
news blackout.57 (emphasis supplied)
February 27, 2006 – Makati RTC Judge Cesar Santamaria issued the warrants of
arrest for former Army Colonel Honasan and 5 others for coup d’etat charges in
connection witih the July 27, 2003 Oakwood Mutiny
-- Rep. Joel Virador was arrested in Davao
February 28, 2006 – US Assistant Secretary of State Christopher Hill met with
President Arroyo58
March 2, 2006 –
-- Drilon was ousted as Liberal Party President at the Manila Hotel, after which
session President Arroyo showed up and congratulated Manila Mayor
Lito Atienza, who was elected Liberal Party President, and Mike Defensor,
who was elected chairman
-- in an ambush interview by Marie Peña Ruiz of Radyo ng Bayan, Justice
Secretary Raul Gonzalez admitted that –
the root of the present crisis is the Garci Tapes, which cast doubt
on the legitimacy of the President; therefore, the challenge is
for all tapes to be submitted, and for all groups who submitted to
agree that the tapes be submitted for study by experts whether in
US, Australia, Japan, Russia, etc. and be bound by the results;
and that Garcillano’s word/testimony on the matter will be
useless because his credibility is shot.
-- UP conducted a black-band demonstration-cum-noise barrage
-- PNP Chief denies take-over of Tribune, “appeals” for self-censorship
March 3, 2006 – Presidential Proclamation 1017 is lifted
-- big coalition of lawyers (Concernd Lawyers for Civil Liberties) hold march
from the IBP national office to the Edsa Shrine
-- DOJ filed rebellion charges against Anak-Pawis Party-list Representative
Crispin Beltran and Army 1st Lieutenant, Lawrence San Juan (for San
Juan, re the July 27, 2003 coup d’etat)
-- March 16, 2006 – Comelec Chairman Benjamin Abalos said he had ordered the
poll body's law department to investigate the alleged fabrication and
57
ibid.
58
“Senior US diplomat sees GMA, also meets FVR, Cory,” Volt Contreras, PDI Frontpage, March 3, 2006, pp. A1 &
A6
138
switching of election returns in the 2004 election that was reported by
Newsbreak magazine
In a phone interview with INQ7.net, Abalos said the investigation was
to determine culpability, “if any,” of former poll official Roque Bello,
who allegedly fabricated 60,000 election returns on the Christmas
week of 2004 so that their figures would match those in the
certificates of canvass allegedly manufactured by former election
commissioner Virgilio Garcillano.59
March 17, 2006 – Former Social Welfare Secretary Corazon “Dinky”
Soliman was arrested by Manila police. As soon as a group of 22,
including a three-year old child (the group belonging to the Black-andWhite Movement, including Dinky Soliman, some of them wearing black
t-shirts w/ the sign “Patalsikin na. Now na.”), stepped out of the
Aristocrat Restaurant, a group of about 50 policemen blocked them,
demanding that they present a rally permit before they are permitted to
cross Roxas Boulevard toward Baywalk. The group argued that they had
no placards or streamers or any sound system, not even a bullhorn. The
police insisted that the presence of media people was “proof” of a planned
protest action, objecting too at the t-shirts. They were brought to Manila
Police headquarters along UN Avenue where they were joined by the
other “Baywalkers.” It took the police more than three hours to
prepare the affidavit of arrest, charging them for violation of what
Sec. Raul Gonzalez later said were three laws, including “illegal
assembly.” But the inquest fiscal decided to release them.60
March 24, 2006 – Representatives Teofisto Guingona III, Joel Villanueva and Alan
Peter Cayetano and Senator Panfilo Lacson file charges of perjury and
falsification of documents against Garcillano with the Department of
Justice based on the Bangko Sentral ng Pilipinas certification dated March
10, 2006 that the passport submitted by Garcillano to the HOR had
“irregularities” and was not “up to standard”
March 27, 2006 - Jonathan Tiongco filed the libel suit before the Quezon City
Prosecutor's Office on Monday against print and broadcast journalists from the
Philippine Center for Investigative Journalism, Philippine Daily Inquirer, Manila
59
“`I have instructed the law department this morning to call Newsbreak and ask them to produce the
pieces of evidence that would help us conduct an investigation on the criminal offense of election fraud
against Bello. I am also calling on Newsbreak to give us these evidence as soon as possible to speed things
up,’ Abalos said.” (“Abalos orders probe of ballot switching claim in 2004 polls,” Veronica Uy,
http://news.inq7.net/breaking/index.php?index=1&storyid=69596, First posted 02:35pm (Mla time) Mar 16,
2006)
60
“More on the Baywalkers,” Rina Jimenez-David, PDI, p. A9 (quoting Vicente “Enteng” Romano, another leader of
the Black-and-White Movement). Three officials of the Commission on Human Rights – Wilhelm Soriano, Elidio
Mallare and Quintin Cueto – have taken the position that the arrest for illegal assembly was out of order. (“Cops
violated Dinky’s rights, CHR execs say,” Norman Bordadora, Christine O. Avendaño and Margaux C. Ortiz, PDI,
March 21, 2006, p. A1)
139
Times, and ABS-CBN. Tiongco said the Coronels' allegations that he was
harassing the PCIJ by applying for a search warrant defamed him.
To our mind and, we believe, to the mind of the ordinary reasonable Filipino,
the foregoing is a clear picture of efforts to deceive and mislead, to confuse and divert
focus from, to suppress and to cover-up, the truth.
The scenario of possible and probable electoral fraud, in particular, provokes
question after question in the consciousness of the citizenry and yet, as many an
analyst, journalist and commentator has observed, the responses of the
administration have not only failed to persuade, but have in fact confirmed its
desperate desideratum, i.e., suppression of the truth by substitution of untruths, and
in the face of its non-acceptance by the public, outright repression of the freedoms of
inquiry and protest at the expense of the Philippine Constitution.
III. The Electioneering
A. The Use of OWWA funds for PhilHealth
cards to favor President Arroyo’s
campaign during the 2004 Elections
Appearing before the CCTA on November 16, 2006, Margaritha Santiago,
Secretary General of MIGRANTE International, testified that President Arroyo
unlawfully used the proceeds of OWWA funds in several ways, the worst being its use
for electioneering purposes through PhilHealth cards issued to promote her image
during the 2004 elections, and presented her affidavit dated November 16, 2005 and a
power point slide presentation in support thereof.
She stated in her said affidavit as follows:
“MIGRANTE International … (is) a progressive alliance of Filipino migrant
organizations in 22 countries …
xxx
xxx
xxx
There were 933,588 Filipino workers deployed in 2004. Government
raked in a total of P16,734,564,900 from the fees charged from all these
migrant workers. A migrant worker applicant pays an average of P
17,925 in government fees in applying for work abroad. This does not
include the astronomical charges of recruitment and manning agencies.
We migrant workers also pay OWWA membership fee of US$25 per
contract and P900 in OWWA-Medicare contributions before we leave the
country. This denotes that in 2004, the OWWA raked in US$23,339,700
(P1,237,004,100) in membership fees, and P840,229,200 in Medicare
contributions from the 933,588 workers deployed.
This shows that OWWA annually gets fresh direct revenue from migrant
140
workers and these funds have accumulated to as much as P6 billion as
of 2003.
Government has periodically raided migrant workers’ funds held in trust
at the Overseas Workers Welfare Administration (OWWA) for initiatives
that have never benefited migrant workers and their families. The funds
are sourced from the US$25 welfare fund contribution paid by every
migrant worker on a per contract basis, the yearly contribution of P900
Medicare Fund and from the interest income of OWWA investments.
Arroyo had her henchmen in the labor portfolio indefinitely suspend
the OWWA General~Financial Assistance Program (GFAP) to migrant
workers and their families on July 1, 2003. This resulted in the
denial of medical, livelihood and other forms of assistance to
migrant workers and their families.
xxx
xxx
xxx
Arroyo also ordered the Department of Foreign Affairs on March
12,2003 to charge OWWA US$293,500 (P11,407,500) to cover the
Philippine government’s so-called preparations for a massive evacuation
of Filipinos in the then impending US invasion of Iraq. This was
evidenced by her handwritten ‘OK charge to OWWA’ note on the
memo diverting the funds attached as Annex “A”. The funds were
released. There was no evacuation but where is the money?
Arroyo also transferred from the P100 million Livelihood Development
Program for migrant workers from the OWWA to the National Livelihood
Support Fund under the Office of the President in September 2003. The
diversion of this program and its funds gave her the free hand to decide
as to what projects she would do and where they would be allotted. This
also did not benefit migrant workers. Labor Secretary Patricia Sto.
Tomas and former OWWA Administrator Virgilio Angelo, at the behest of
Arroyo, also exposed but could not explain an anomaly involving fake
OWWA Medicare claimants amounting to P10 million.
Also, a P1 million fund release dated December 30, 2003 was given to the
Classroom (Galing sa Mamamayang Pilipino sa Abroad (CGMA) project,
with most expenses earmarked for ‘conferences, promotional materials,
communication and transportation costs.’
In January 16,2004, the OWWA Board of Trustees decided that ‘No
medical reimbursements are allowed. Anybody who does this again is
subject to disciplinary action’ as stated in the Summary of Board
Instructions attached as Annex “B”.
In fact, at least 461 migrant workers who either had medical
reimbursements or checks for pick up that were rendered ‘pending’ by
the OWWA.” (emphasis supplied)
But the worst scheme exposed by Santiago before the CCTA was the transfer of
141
OWWA funds, specifically its Medicare funds, to the Philippine Health Insurance
Corporation (or “PhilHealth”) to facilitate creation and distribution, for the 2004
election campaign of President Arroyo, of PhilHealth cards bearing her photograph,
bigger than that of the card-owner, her initials GMA, and the tag-line “President
GLORIA.”61
.
Santiago continued to state in her affidavit:
“Migrante International believes that Gloria Macapagal-Arroyo
committed electoral fraud by intending, facilitating and ordering the
diversion of migrant workers’ trust funds from the OWWA to finance
her campaign machinery starting 2003.
Arroyo used PhilHealth cards as election campaign materials to
cheat in the 2004 elections. She issued to voters before and during
the official campaign period, PhilHealth cards bearing her name and
picture. By placing her picture and name in the PhilHealth cards,
she transformed the said cards, which previously did not contain
the name or face of any public official into a prohibited campaign
material using public funds.
The intent to commit a grave anomaly to aid Gloria’s election bid
was hatched by former Philippine Health Insurance Corporation
(PhilHealth) president and now Health Secretary Francisco Duque
III.
Dr. Duque, based on his Memorandum to the President dated
November 20, 2002 told Arroyo that “It is respectfully requested
that the Proposed Executive Order (EO) be approved by Her
Excellency before the year ends. The Proposed transfer will have a
significant bearing on 2004 elections and on the President’s desire to
provide health insurance to 8M indigents by end of 2003.” (Annex “C”).62
Duque is known to be a close Arroyo ally, a long-time friend of the First
Family and their neighbor at La Vista in Quezon City.
61
The old PhilHealth cards did not contain any picture of any public official.
62
Exhibit EF-Philhealth-Santiago (Migrante)-“E.” The intent to electioneer is clearer when the pertinent paragraph in
the latter exhibit is completed, as follows:
“PHIC will need a reasonable lead time to ensure smooth turnover of OWWA medicare to
PHIC and manage some resistance from certain quarters which will be affected by the
change. It is respectfully requested that the proposed Executive Order (EO) be approved by her
excellency before the year ends. The proposed transfer will have a significant bearing on
2004 elections and on the President’s desire to provide health insurance to 8M indigents by end of
2003. I will be available to explain in greater detail the far reaching political implications of
the transfer. May I ask that we meet personally? My direct line is 0917 813 2072 or 618 1684.”
(emphasis supplied)
142
The Medicare Fund is a trust fund as are all funds at the OWWA. The
OFW-Medicare fund is taken from the annual contributions of P900 from
each migrant worker. The fund is intended for the medical needs of
OFWs and their identified dependents/beneficiaries only.
Three months later in February 14, 2003, Arroyo signed Executive
Order 182 that transfers all the Medicare functions and funds from
the OWWA to PhilHealth (Annex “D”).
The said executive order was kept a closely-guarded secret by
Malacañang until its discovery by MIGRANTE International in June
2003.
xxx
xxx
xxx
In a forum held on July 6, 2003 (in) which our Chair Connie BragasRegalado at the Philippine Consulate in Hong Kong (attended), Duque
admitted that effecting the transfer without consulting the
stakeholders of the trust fund is an ‘oversight.’
She (Regalado) asked not only once, but thrice, before he explained
what he meant by ‘The proposed transfer will have a significant
bearing on 2004 elections...’ in his November 20, 2002 Memo for the
President. He replied that he ‘just wanted to build up the name of
the President’ to the 8 million indigents — which they think are
possible voters.
xxx
xxx
xxx
Despite formal petitions and protests from OFWs and their families
and pending investigations at the House of Representatives, OWWA
Board Resolution No. 005 (s. 2004) dated February 2, 2004, attached
as Annex “E” proves that the transfer of OWWA Medicare funds to
PhilHealth was being railroaded by Arroyo appointees in the labor
portfolio.
In a press statement dated 15 March 2004 attached as Annex “F”, Hon.
Corazon P. Carsola, the only Land-based migrant workers’
Representative in the OWWA Board of Trustees Overseas said that ‘since
the start, I have always been against the transfer of the Medicare
Fund, to PhilHealth. I feared that transferring the fund to a businessoriented entity such as the PhilHealth will in the long run prove
detrimental to the future of medical services to OFWs. I have always
stood by the position that the OFW Medicare Fund must remain as a
separate fund to answer the needs of OFWs and their families. Also,
I feared for the livelihood of employees of the OWWA Medicare who may
lose their jobs if it is dissolved and its operations are moved to
PhilHealth.’
xxx
xxx
xxx
‘In June 2003, I myself was shocked to learn of the existence of
Executive Order 182 signed by Arroyo dated February 14, 2003 that
ordered the transfer. I was shocked for I was still with the
knowledge that the issue of the transfer remains unsettled with the
143
Board of Trustees.... I give my appreciation to all migrant groups who
swiftly acted and immediately opposed EO 182. I give my thanks to the
groups who still stand against the transfer of the Medicare Fund to
PhilHealth.’
In the House of Representatives various legislators filed many
Resolutions requesting to recall E.O. 182 (HR No. 03), investigate
the use of OWWA funds (HR Nos. 04, 28 and 33) and annul OWWA
Board Resolution No. 005 (HR No. 552). These Resolutions were
fully supported by migrant workers and their families. These
resolutions were blocked by Arroyo allies in Congress.
Eventually E.O. 182 was amended by Arroyo with E.O. 392 that in effect
transferred P530,382,446 of migrant workers’ health care funds from
OWWA to PhilHealth in April 2005 - or after the elections.
A few months before the 90-day campaign period for the 2004
elections, PhilHealth cards with the photograph of Arroyo were
already being distributed in select locations across the country. Arroyo
was essentially able to start her campaign much earlier than all
other candidates with the distribution of these ‘President Gloria’
Philhealth cards (Annex “C”).
The old PhilHealth cards attached as Annex “H” did not have any picture
of any picture of any politician.
xxx
xxx
xxx
Beside the Arroyo photograph is the acronym GMA, for ‘Greater Medical
Access’ and ‘President Gloria.’ At the bottom portion of the card is the
slogan, ‘GMA para sa masa, para sa lahat’ (GMA for the masses, GMA for
all).
xxx
xxx
xxx
The distribution of modified PhilHealth cards with Arroyo’s picture that is
even bigger than that of the cardholder and with the ‘President GLORIA’
tag line increased during the first four (4) months of 2004.
These PhilHealth cards were to be distributed to five million families in
time for the Arroyo’s birthday on April 6 (Annex “J”).
In January 2004, about 4,208 cards were doled out in Sultan Kudarat
and another 1,008 cards in North Cotabato (Annex “K”).
In February 2, 2004 the national opening salvo of PhilHealth card
distribution was held simultaneously in Davao, Cebu, the National
Capital Region and the Cordillera Administrative Region (CAR).
Among the areas where Arroyo or her high officials distributed these
cards were at the regional convention of barangay officials at the Expo
Filipino complex in Subic on March 10, 2004 where she distributed more
than 240,000 Philhealth cards to barangay captains, councilors,
Sangguniang Kabataan officers and barangay tanods in Central Luzon
144
(Annex “L”).
In the March-April 2004 period, 59,765, PhilHealth cards were
distributed to individuals in Abra, Kalinga, Apayao, Ifugao, Mt. Province
and Benguet (Annex “M”).
On April 20, 2004 President Arroyo vowed to complete the universal
health insurance coverage of Filipinos with a four-point health agenda
after she wins a fresh six-year mandate on May 10.
Speaking at a campaign rally at Southern Luzon Polytechnic College in
Lucban, Quezon, Mrs. Arroyo said she had already given out health
cards from the Philippine Health Insurance Corp. (PhilHealth) to 26
million Filipino families. Arroyo, her vice presidential running mate Sen.
Noli de Castro and Health Secretary Manuel Dayrit distributed Philhealth
cards to residents of Lucban (Annex “N”).
On March 16, 2004, 11,583 cards were distributed to Cebu City north
district residents while 5,124 Cebu City south district got their cards the
next day, March 17. Some 300 cards were given to barangay workers in
Zamboanga City on. March 18 (Annex “O”).
No one — not even Duque and Arroyo — denies the PhilHealth cards,
which give limited medical benefits valid for only one year, and carry the
picture of Arroyo, are paid for by public and migrant workers’ funds.”
Testifying before the CCTA, Ms. Santiago further stated:
“MS. MARGARITHA SANTIAGO: So ito po yong presentation
tungkol sa electoral fraud at yong Gloria PhilHealth Cards. Una, nais po
naming i-explain na ang pondo po ng OWWA ay nanggagaling sa 3
bagay. Una, nanggaling po ito sa 25 US $ o welfare fund contribution na
binabayaran po ng bawat migrante kada kontrata. Ang …sa particular
ng OWWA medicare fund ay nagmumula naman sa 900 pesos ng
taunang kontribusyon sa mga OFWs para sa kanilang medicare.
Makikita din po ng OWWA mula sa mga investments na ang kanyang
ginagawa mula po dito sa mga contributions. Sang-ayon sa isang talaan,
as of October 2004 aabot po ng mahigit na 6.2 billion pesos investment
ng OWWA.
Nong 2004, mayroong 933,588 OFWS na umalis ng bansa para
magtrabaho. Batay po sa kanyang datus, if we multiply that by 25 US$
merong pong P1,237,004,100 na pumasok po sa OWWA last year
lamang. Sa ganyang datus din po meron din po tayong nakalkulang
840,249,200.00 naman na pumasok mula sa pagbayad doon sa OWWA
regular fund. Kumita din po mula sa mga investments.
Saan naman po napupunta ang pondong ito?
145
Sa karanasan at sa nakikita po ng MIGRANTE International ang
mga bahagi ng pondong ito ay walang pasintabing ginastos ng
gobyernong Arroyo sa mga sumusunod: Una, nagrelease po ang OWWA
ng US$293,500 na nakita po namin doon sa written note mula kay
Pangulong Arroyo para daw po ito sa isang massive evacuation ng mga
OFWs noong March 2003 dahil daw po sa napipintong pag-invasion ng
US sa Iraq ngunit wala naman pong malawakang evacuation na
naganap. Ito po yong kopya ng isang memo na na pinadala ni Secretary
Romulo kay Pangulong Arroyo na kung saan siya po ay humihingi ng
293,500 dollars at makikita po natin yong handwritten instruction ni
GMA para sa OWWA na kung saan ang nilagay niya ay ‘OK charge to
OWWA’.
Nagrelease din po noong December 30, 2003 ang OWWA ng 9
million pesos para po sa isang programa ni Arroyo na ang tawag po ay
“Classroom Galing sa Mamamayang Pilipino sa Abroad (CGMA) Project.
Ito po ay pinapakita sa labas ng bansa bago mag-election at doon po sa
video nagwawakas sa salita ‘Mabuhay si GMA’
Naglipat din po ng 100 million pesos mula sa OWWA Livelihood
Development Fund papunta sa National Livelihood Support Fund sa
ilalim ng opisina ni Arroyo noong September 2003.
Inaprubahan din po ng OWWA ang paglipat ng 530,382, 446
pesos mula po sa OWWA Medicare fund papunta ng PhilHealth. Ito po ay
sa pamamagitan ng paglabas ng … 5 Series 2004 na nilagdaan po ng
Chair ng Board of Trustees ng OWWA na si DOLE Secretary Patricia Sto.
Tomas.
PAANO NAMAN PO GINAMIT NI ARROYO ANG PHILHEALTH
CARDS NOONG NAKARAANG HALAAN.
Noong Nov. 20 po, 2002, nagpadala po ng memo si Philhealth
President Francisco Duque III kay Arroyo na kung saan meron po siyang
sinubmit ng isang draft Proposed Executive Order. Si Francisco Duque
po sa kasalukuyan ay nakatalaga na bilang Secretary of Health. Doon
po sa Memo noong 2002, sinabi po ni Duque na the proposed transfer ng
OWWA Medicare Fund to PhilHealth will have a significant bearing on
2004 elections and on the President’s desire to provide health
insurance by the end of 2003.
xxx
xxx
xxx
Ito naman po yung kopya ng Executive Order 182 na kung saan
ay nanggaling sa PhilHealth. Itong Executive Order po ay nilagdaan ni
Arroyo noong February 14, 2003 na sabi po niya ay transferring the …
and the medicare functions to the OWWA to the PhilHealth Insurance
Corporation …EO …August 13, 1994.
Ito naman po ang kopya ng OWWA Board Resolution 005 Series
2004, approving the transfer of P530,382.446.00 from the OWWA
146
Medicare fund to the Philippine Health Insurance Corporation. Ang mga
nakalagda po dito ay si Labor Secretary Sto. Tomas bilang Chair,
nandiyan din po yong lagda ni OWWA Administrator …bilang Vice-Chair,
andiyan din po ang mga lagda ng iba’t-ibang kinatawan ng Department
of Budget and Management. Pero kapansin-pansin nga po na hindi ito
…ni Binibining Carsola na siya po ang kinatawan ng land-based OFW.
Sa isang press release po na na nilabas ni Binibining Carsola
nong March 15, 2004, denetalye po niya na hindi po siya talaga naglagda
dahil tinututulan po niya itong paglipat ng pondo dahil sa paniniwala na
ang pera po ng mga migrante ay dapat manatili sa OWWA na kung saan
siya po ay isang trust fund. Ngayon tingnan po natin ang PhilHealth
cards. Ito po yong hitsura ng philhealth card noon. Ito rin naman po
ang design ng PhilHealth card ngayon. Mas malaki po mapapansin natin
yong litrato ni Arroyo sa likod kaysa sa may-ari ng card at meron pong 2
pictures si Arroyo diyan: meron sa harap sa ibabaw ng picture ng mayari ng card at meron din po sa likod.
Meron pong iba’t-ibang version itong PhilHealth card. Sa isang
bersyon po ay may nakalagay sa tabi ni Arroyo actually GMA na ang ibig
sabihin po ‘Greater Medical Access’ at sa baba po nito ay ang slogan na
‘GMA para sa masa, para sa lahat’
Batay po sa mga ulat na nakalap namin mula sa media report,
nakita po natin na nagmudmod si Arroyo ng mga PhilHealth cards sa
buong Pilipinas noong panahon ng kampanya mula po sa Sultan
Kudarat, nong January 2004, namigay po siya ng 4,208 cards; North
Cotabato, 1,008 cards; Central Luzon 240,000; sa Cagayan, 29,765; sa
Cebu City naman po 11,583 at sa Zamboanga 300 mula sa January
hanggang March 2004.
Inilabas din po sa isang pahayagan noong April 31, 2004 sa …
Lucban, Quezon pinapalabas ni Arroyo na nakapamahagi na daw po siya
ng Philhealth cards sa 26 milyon pamilya sa buong bansa.
xxx
xxx
xxx
MS. ANA MARIA NEMENZO: May itatanong lang ako. Naglalabas pa
ba ng PhilHealth cards na mayroong litrato ni GMA?
MS. MARGARITHA SANTIAGO: Wala po ako… ah …sa pagkakaalam
ko, wala po kaming alam na may mga bagong cards na inissue.
Ang alam po namin batay sa mga ulat sa media ay after 1 year
hindi na po valid itong PhilHealth cards na pinamigay noong
panahon ng election. (emphasis supplied)
MS. ANA MARIA NEMENZO: Samakatuwid talagang wala na noon lang
sa period ng election at hindi na nasundan pa.
MS. MARGARITHA SANTIAGO: Opo, sa kalakhan mukhang yan po ang
naganap.”
147
We believe that the official documents, together with the testimony of Santiago
and the statement of OWWA Trustee Carsola, sufficiently demonstrate the connivance
that made possible the huge plunder of OWWA public funds. And we find it
unforgiveable that while our OFWs are hailed as “heroes,” and rightfully so as they
keep the country afloat with earnings squeezed from their sweat and tears, President
Arroyo and Secretary Duque made of them the most pitiful of victims as their earnings
were siphoned off, away from their needs, and diverted instead to the cause of
electioneering.
B. The use of the Ginintuang Masaganang Ani
fertilizer funds for electioneering purposes
in favor of President Arroyo in the 2004 elections
Atty. Francisco Chavez, Kilusang Magbubukid ng Pilipinas Secretary-General
Danilo Ramos, Rep. Rodolfo Plaza, and Rep. Alan Peter Cayetano testified before the
CCTA to affirm, for the most part on the basis of public documents, the particulars of
how billions in Ginintuang Masaganang Ani public funds intended for the benefit of
farmers, by way of fertilizers and other farm inputs, had likewise been plundered and
utilized to bankroll President Arroyo’s campaign during the 2004 elections through
allied Congressmen, governors and mayors.
Atty. Chavez and Mr. Ramos also testified before the joint hearings of the
Senate Committee on Agriculture and Food and on Accountability of Public Officers
and Investigations (Blue Ribbon), together with many other witnesses from both the
public and private business and agriculture sectors, including the Commission on
Audit (“COA”), Department of Budget and Management (“DBM”), and Department of
Agriculture (“DA”). Several provided crucial official documents. The Senate
Committee Report No. 54 resulting from the legislative inquiry succinctly summarizes
the breadth and depth of this particular exercise in electoral corruption utilized just
immediately before the 2004 presidential contest.
We quote the most telling excerpts63:
“The Committees on Agriculture and Food and Accountability of Public
Officers and Investigations (Blue Ribbon) have conducted an inquiry, in
aid of legislation, into P. S. Resolution 327 by Senator Magsaysay, Jr.
Six (6) public hearings and a series of dialogues with farmer
organizations have been conducted. A substantial number of witnesses
appeared, braving the threats on their lives … [For the hearing of]
December 12, 2005 … Undersecretary Jocelyn Bolante was invited as
lone resource person but he fled the same morning for the United
States of America, evading the Senate hearing …”
xxx
xxx
xxx
63
footnotes omitted
148
The story of one is the story of all. This old saying remains to be true for
Carmen Buena, a 60-year-old mother and farmer from Sta. Ana,
Pampanga, and head of the women farmers’ group called Amihan.
“Mahirap ang buhay magsasaka. Sa bukid, iwan at datnan ka ng araw at
ulan. Di tulad ng ibang empleyado, may mga benepisyo. Kaming mga
magsasaka, talagang wala, kundi sakit sa baga o di kaya rayuma. May
pagkakataon pa ngang inaalipunga ang aking suso sa maghapong
pagkababad sa putikan kapag nagtatanim,” said Buena3 whose tale of
hardship as a farmer is shared by many in the agriculture sector.
“Mahirap ang buhay magsasaka. Hindi talaga kasya ang kinikita kung
susumahin mo.” The mother of five revealed that during the harvest
season, they usually produce 160 cavans of rice sold for a little more
than Php 54,000.00. Of this amount, Php 6,750.00 goes to the so-called
thresher; Php 36,250.00 goes to loan payments for farm inputs and the
remaining Php 11,010.00 is to be shared by the landowner and the
family who tilled the land. What is left to the hapless farmer is a
meager P 5,050.00, which when computed against the length of time for
rice production (usually four months), gives him a net income of Php
1,376.00 a month or Php 45.87 a day. It is unimaginable how a family
of five (5) to seven (7), which is the size of a normal agricultural
family, can subsist on such a miserable income.
xxx
xxx
xxx
In some countries, the farmers are among the wealthiest and most
prolific. Sadly in the Philippines, our farmers can hardly put enough
food on their table, and are in fact at the bottom of the social and
economic strata. Aggravating their situation is the systemic
corruption perpetuated by a few unscrupulous people in
government, who have the temerity to rob them of the little
assistance earmarked for them. It is ironic that our principal suppliers
of food have been reduced to becoming the principal victims of hunger.
We must put a stop to this injustice.
xxx
xxx
xxx
The PhP728 Million GMA Rice and Corn Funds:
FERTILIZER FUNDS SUPPOSEDLY FOR FARMERS
The Php 728 million fertilizer fund inquiry commenced when the
farmers started to look for the fertilizer and other farm implements
subsidy and found none.
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The following are the factual backdrop of the Php 728 fertilizer fund,
per the testimony of former Department of Budget and Management
Secretary Emilia Boncodin15:
One. The DBM released the amount of Php 728 million for the
purchase of farm inputs to the Department of Agriculture, Office of
the Secretary, under Special Allotment Release Order or SARO
under E-01-00164, dated February 3, 2004. This release was charged
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against the Agriculture and Fisheries Modernization Program (AFMA) as
a continuing appropriation under Republic Act No. 9206.
Two. On the same day, DBM released the amount of Php 291.2 million to
the Land Bank of the Philippines for the account of the Department of
Agriculture, Office of the Secretary. This amount of Php 291.2 million
represents forty percent (40 %) of the allotment released under the
AFMA.
Three. The releases were made by the DBM upon the request of the
Department of Agriculture based on a formal request submitted to the
DBM. In that request, the attachment that is reflected as Annex A
of the SARO was incorporated and that same schedule or
attachment contains a listing of 105 congressional districts, 53
provinces and 23 municipalities.
Four. Subsequent releases for the NCA were made also upon the request
of the Department of Agriculture either as a separate NCA or as part of
the common fund that is usually authorized the agencies on a regular
basis.
Five. The release made by the DBM was for farm inputs which could
incorporate fertilizers, seeds and even insecticides. But the actual
purpose for which the same will be used will depend on the
Department of Agriculture.
Six16. In the case of the Php 728 fertilizer fund, the request for release
was made by Undersecretary Jocelyn Isada Bolante. Accordingly, from
the time of Secretary Montemayor, Undersecretary Bolante has been
given the authority to make request in behalf of the Secretary of
Agriculture and has never been revoked up to the time of Secretary Luis
Lorenzo.
Lastly, when asked if the fertilizer fund request made by
Undersecretary Bolante for the Department of Agriculture was upon
the instruction of the President, Secretary Boncodin replied with “I
would imagine so.”17
The Php 728 million Fund is just a Portion of a
Larger Fertilizer Fund Released during the Elections of 2004
The Php 728 million fertilizer fund is just part and parcel of the
huge fund releases to the Department of Agriculture totaling Php
2.806 billion intended for the purchase of farm inputs and implements
in 2004, all made just before the May 10, 2004 elections.
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Its breakdown is as follows:
SARO Number and Date
Amount
GMA Farm Inputs and
Implements
E-04-0014
February 3, 2004
Php 728 million
GMA Rice and Corn and
E-0400294
February 11, 2004
Php 1.102 billion
Marcos Wealth for CARP
E-0401090
Nature of
Fund/Program
GMA Rice Program And
Fertilizer Procurement
And Distribution
Component
TOTAL
2.806 billion
April 28, 2004
Php 544 million
From Agency Budget Matrix
(regular budget)
Php 432 million
Php
(emphasis supplied)
The Commission on Audit (COA) Briefer submitted to the Senate more
completely shows as follows –
“COA NGS – Cluster VI
Breakdown of DA Funds totaling P2.806 billion
Name of
Fund/Progr
am
GMA Farm
Inputs &
Implements
SARO
No. &
Date
E-0400164
Amount
Distribut
ed
Implementers*
P728
million
P 723
million
LGUs
M
P 91.1
NGOs
M
371.4
February
3, 2004
Suppliers 152.5
M
Total
P615.0M**
GMA rice &
Corn and
Livestock
Programs
E-0400294
P 1.102
billion
P 1.102
billion
February
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DA-RFUs
MOE :
R&C
P 767,948
Remarks
Out of P 728M,
only P723 M was
released by
DBM, and P615
million was
verified as
transferred by
RFUs
Allocated as
regular
allotment of DARFUs
11, 2004
Marcos
Wealth for
CARP
E-0401090
Livestock
315,166
CO-Livestock
19,277
Total
P1,102,391
P544
million
P 394
million
Phil. Rice
Research
Institute
P 100
million
DA-FRUs- w/
unreleased
balance of P 2.4
million
50
million
Still with DAR for
CO
April 28,
2004
Liquidation/
Balance
P 355M
P 39M
P 88.7M
P 9.9M
P 544
million
GMA Rice
ProgramFertilizer
Procurement
&
Distribution
Component
Fr.
Agency
Budget
Matrix
(GAA)
P 432
million
P 200
million
NFA
Only P 200 M
was
given to NFA
under Check
#2246865/21/03
Amount
liquidated
As of 9/30/05 is
P28.5 M leaving
a
balance of
P171.5 M
P 2.806
billion
Total
*Proponents:
110 Congressmen
50 Governors
26 Mayors
186 Total
**Excluding amount of P49 million allocated to Region VIII – without
report due to fire incident”] (emphasis supplied)
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The Mechanics of the Fertilizer Fund Scam
Lawyer Francisco Chavez testified that the fertilizer fund is a modus
operandi that involves a ranking official in the DA who is linked to Mrs.
Gloria Macapagal Arroyo’s husband, Jose Miguel Arroyo. This official
deployed runners whose job was to approach local government officials
and extract a commitment from these officials to purchase fertilizers in
liquid state from them.
Essentially, the sharing system in the fertilizer fund scam is as
follows: 25% for the DA official (referring to Mr. Jocelyn Bolante); 30% for
the mayors, governors and congressmen concerned; 20% for the supplier
of the farm inputs, and 25% for the DA official runners.
Witness Jose Barredo, who admitted to being one of the runners in
the fertilizer scam, presented in detail how they operated. His revelations,
made under oath, were substantiated by the following assertions:
Barredo worked with a certain Maritess Aytona in the marketing of liquid
fertilizers to local government units and congressional districts beginning
January 2004;
The local government units and congressional districts which will be the
recipient of the fertilizer fund were already identified. The funds on the
other hand were to be sourced from the Department of Agriculture;
The liquid fertilizers were to be supplied by Feshan Philippines, Inc. A
company with business address at 16 Sgt. Esguerra Avenue, South
Triangle, Quezon City;
Feshan Philippines, Inc. is linked and connected with
Undersecretary Jocelyn Bolante.
Barredo, along with Aytona, negotiates with local government officials
and congressmen, informing them of the fund appropriated to the LGUs
or congressional district, promising local government officials or
congressmen of getting thirty percent (30 %) representing “SOP” or
“commission”. The “SOP” or “commission” can go higher depending on
the “request” or arrangement made by the proponent local official or
congressmen;
Upon approval of the transaction by the local government official, a
memorandum of agreement is executed;
In the case of Mr. Barredo, he identified several municipalities and
congressional district in Bulacan and LGUs and legislative districts in
Region 6 as his area of operation.
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The Missing Key Players
Jocelyn I. Bolante was the first appointee of Ms. Gloria
Macapagal-Arroyo in the Department of Agriculture as
Undersecretary (Finance and Administration). He was already in
office prior to the appointment of then agriculture secretary,
Leonardo Montemayor.
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But Undersecretry Bolante’s power over the agriculture department
was widely known.
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In fact, at the time that he was Undersecretary, Jocelyn Bolante was
concurrently appointed by the President in other powerful positions:
as Acting Chairman of the National Irrigation Administration, as Acting
Chairman of the Livelihood Corporation and as Acting Chairman of the
Strategic Investments and Development Corporation. At the same time,
he was Director of the National Power Corporation and Land Bank of the
Philippines.
It is significant that even without background principally on
agriculture, Bolante was appointed by the President (at the time she
herself was acting Agriculture Secretary) and holding a sensitive
position at that, as Undersecretary for Finance and Operation.
In the fertilizer fund scam, Undersecretary Bolante is the declared
architect. He designed it. He was its brains. It was he who worked
with the DBM for the immediate release of the fund. It was him who
prepared and submitted names who would become the fertilizer
fund’s proponents. It was Undersecretary Bolante who sent letters
to various congressmen and local officials informing them of the
availability of funds under the DA’s GMA Project. It was him who
directed these officials to coordinate with his office to discuss all the
requirements to facilitate the said project fund. Undersecretary Bolante
in the words of his then Chief of Staff, Ibarra Poliquit, had a hand in
determining how the GMA Project fund works and will be spent.
And that although the DA has a list of officials whose “proposed
projects” were to be funded by the fertilizer fund, Bolante was given
the authority to drop them and replace them with others.
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Secretary Luis Lorenzo and Undersecretary Belinda Gonzales served
as co-signatories of Mr. Bolante in transferring the money from the
Department of Agriculture to the regional field units (RFUs) and to local
governments.
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Former Undersecretary Ibarra Poliquit, per the records submitted by
the Commission on Audit, assisted Undersecretary Bolante in the
approval of projects that would be accorded the fertilizer fund. A
substantial number of requests for the approval to issue sub-allotment
advise (SAA) with corresponding cash allocation to DA-RFUs for the
implementation of the GMA Farm Inputs and Implements Program would
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indicate Undersecretary Poliquit as the requesting party. In one hearing,
from the documents submitted by the COA, it was noted that Ibarra
Poliquit, then Assistant Secretary for Field Operations requested for the
transfer of P 89 million in Region IV alone; P5 million in Region V; and P
22 million in Region VII.
BUT NO ONE RECEIVED THE FERTILIZERS
The Farmers’ Voices. The Peasants’ Woes.
In all public hearings conducted, the farmer groups were its
most active and cooperative participants. Farmers and peasant
leaders from as far as the Ilocos region and Western Mindanao aired
their collective grievances. Theirs are the voices of desperation.
One of the largest farmer organizations in the country, the
Kilusang Magbubukid ng Pilipinas (KMP) through its national
leaders, Danilo Ramos said that not one among their 64 provincial
chapter farmer members from the 15 regions nationwide had
received assistance from the so-called fertilizer fund.
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Pambansang Ugnayan ng mga Nagsasariling Organisasyon sa
Kanayunan (UNORKA). UNORKA through its Secretary-General Enrico
Cabanit declared that not one of their members received any form of
assistance from the program.
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Farmers from Iloilo reported that no fertilizers or rice seeds
managed to reach them and they have not felt the support of the DA. If
ever there were farm inputs, the DA would sell them to the farmers.
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Farmer representatives from Davao del Norte in Mindanao told the
committees that the farmers have not felt the so-called support
services of the government especially the one involving the P728
million fertilizer assistance.
Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas through
its President Fernando Hicap informed the committees that
PAMALAKAYA consulted their members from the barangay level to
the regional level and from their 100,000 membership, no one
signified having received any support from the said government
fund.
Kalipunan ng mga Maliliit na Magniniyog sa Pilipinas through its
President Romulo Tapayan informed that in terms of fertilizer assistance
or subsidy, their ranks have not felt the assistance.
Katipunan ng Samahang Magbubukid sa Timog Katalugan (KASAMA-TK)
through its Secretary-General Guillermo Bautista informed that in a
survey made to their members from the 10 provinces of the Southern
Tagalog Region, with reference to the Php 728 million agricultural fund,
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no one has ever received even a single granule of the said agricultural
inputs. Their group aired out their sentiments that from the
information they have gathered, P69 million was released to their
congressmen, governors and mayors and they would be interested to
know who the recipients were.
Pahagpong sa mga Mag-uuma sa Panay (PAMANGGAS).. Mr. Nilo
Arado said that his organization covers the provinces of Guimaras,
Iloilo, Aklan, and Antique. He informed the committees that their group
held a consultation among their leaders and members, and not one
from among their farmer-members has ever received the farm inputs
assistance.
Katipunan ng Samahang Magsisibuyas (KASAMNE) is a federation of
19 primary cooperatives covering 5 towns and 1 city based in Nueva
Ecija. They are rice farmers and grow onions after rice. The federation
through its President, Mr. Tanedo, stated that their farmer members
have not received any subsidy or assistance from the P728 million
farm input program
Alyansa ng Magbubukid sa Gitnang Luzon through its representative
Joseph Canlas informed the Body that their group went around the
provinces of Central Luzon to find out what really happened on the
fertilizer fund and whether the same was given to them and recalled
that every farmer member they asked responded in the negative.
KMP-Souhern Tagalog Chairperson Imelda Lacandazo gave her
testimony that farmer-members of the KMP Southern Tagalog have
not received any fertilizer or farm inputs assistance.
Samahan ng Gugti ng mga Parag-uma - Sinirangan Bisaya (SAGUPASB). Mr. Gacusan, the Secretary General of the Samahan ng Gugti ng
mga Parag-uma – Sinirangan Bisaya, informed the committees that the
farmer group from Eastern Samar and their members did not receive
any assistance from the fertilizer fund.
National Federation of Peasant Women (AMIHAN). “Nanay” Carmen
Buena informed the committees that their federation comprised of
32 provinces. She is a farmer herself, and has not received any
fertilizer assistance, along with any of her members.
KMP, Bicol. Mr. “Tatay” Felix Paz, the overall chairman of KMPBicol said that his farmer-members have not received any
assistance, whether in the form of fertilizers or agricultural fund
assistance, particularly in Albay where he resides.
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The Other Courageous Witnesses
Antonio Andag Salas is the Assistant Provincial Treasurer in Eastern
Samar. A crusader of truth, he declared boldly and amid threats to
his life, that contrary to the liquidation report submitted identifying
his province as a recipient of the fertilizer fund, there were no
actual deliveries made. Another fearless witness, Alfonso Cainto
Esposa, president of the Pinamalutan Water Impounding Irrigators
Association, corroborated the no-actual-delivery case as a microcosm
of the fertilizer fund scam.
Rebecca L. Aquino is a Bokal, a member of the Sangguniang
Panlalawigan of the Province of Sorsogon. The feisty but heroic
Aquino testified on the “gross overpricing of fertilizers using public
funds” in her province. In her oral testimony, she presented COA’s
audit observation for Sorsogon which cited that the Bio Nature liquid
fertilizer which was actually sold in the market at Php 180.00 to 350.00
had been overpriced at Php 1,500.00 per bottle. She further cited COA’s
findings that the said liquid fertilizers were not appropriate for rice and
corn, the principal crops of the Bicolandia, but for hanging plants like
orchids and other ornamental plants.
The Legitimate Players in the Fertilizer Industry
Are Not Suppliers in the Transaction
The largest group of legitimate players in the fertilizer industry, the
Fertilizer Industry Association of the Philippines (FIAP), through its
president Raymond Ilustre, stated that it has seventeen (17)
companies which are basically into supplying fertilizers by bulk.
With a market share of 95 percent, FIAP is responsible for supplying
about 1.5 million tons of fertilizers to farmers on an annual basis. Ilustre
pointed out that FIAP did not participate in the fertilizer project
which is the subject of the inquiry.
Some Congressmen Simply Used in the
Fertilizer Fund Distribution
In an impromptu testimony, former Secretary Florencio Abad denied
that he made a request or was a proponent in the Php 728-million
fertilizer fund. Accordingly, his name and congressional district were
included in the list prepared by Undersecretary Bolante as an
attachment for the release of SARO and NCA under the fertilizer fund.
Abad stressed that he never requested for any allocation, or received
fertilizers or farm inputs for his legislative district. He added that
he had demanded explanation from the DA but to date, the latter
failed to satisfy his query. He even made a conclusion that his name
was merely used.
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Abad further mentioned that among the members of the House of
Representatives whose names were used in the fertilizer fund scam
were Representatives Noynoy Aquino of Tarlac and Miguel Zubiri of
Bukidnon. Senator Biazon added to the list Muntinlupa Rep. Ruffy
Biazon as not among the proponents of any project under the
fertilizer fund.
The Rape of the Nation:
Ten Reasons Why The Fertilizer Issue is a Scam
The fertilizer fund as covered by the Farm Inputs and Implements
program is a premeditated, systematic and grand agricultural theft.
In the words of farmers and taxpayers, the fertilizer fund scam is the
rape of the nation. In all indications, it was purely adopted to suit
electoral purpose.
The mismanagement of the fertilizer fund is novel in its method and
astounding in its shamelessness. In fact, it is an object lesson in the
abuse of power and the misuse of people's money by some officials of the
Department of Agriculture and some local leaders.
Ten reasons are advanced why this fertilizer fund mismanagement is
considered the grand agricultural theft (grand theft agro):
First, as confirmed by Secretary Panganiban himself during the budget
hearing, nobody in the Department of Agriculture knew of the existence
of the Farm Inputs and Implements program. In the files of the
Department itself, there is no single document that would support
the existence of such program.
Second, while agricultural and fisheries modernization has been a staple
of the agriculture budget every year since the AFMA enactment in 1997,
the fertilizer fund was a single appropriation meant only for 2004.
This huge expense has not been repeated since. Why it was
implemented only in 2004, in the months of the election season in
particular, is an indication of its intended purpose and illicit
objective.
Third, even the design and implementation of the fertilizer fund scam
manifest the height of scandalous corruption. The gross overpricing as
reported by the Commission on Audit is absolutely abominable, with
the ordinary foliar fertilizer (which was allegedly supplied in almost all
transactions) overpriced from almost 700 to 1,250 percent.
The Commission on Audit through an Audit Observation
Memorandum dated January 20, 2006 submitted its report to the
committees. Its observations are all indicative of massive
irregularities including overpricing, frontal violations of the
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Procurement Law and wanton wastage of scarce government
resources.
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Fourth, the fertilizer fund was released in the months of February to
May, the traditional harvest season in the country or “gapasan”
months, when fertilizers are of no use because the planting time
starts in November.
Fifth, ghost and questionable suppliers and deliveries haunt the
fertilizer fund scam. AKAME Marketing is the identified supplier of
a substantial number of transactions in the Php 728-million fertilizer
fund. Process servers of the Senate failed to locate its business
address indicated in its registration. Tacloban Star, a regional
newspaper in Leyte and Samar, reported that its telephone number
corresponds to a “gulayan” stall in Kaloocan City. Another company
named Castle Rock Construction was awarded multiple contracts under
the same fund. COA, in its audit memoranda, noted that “no copies of
the documents from the Department of Trade and Industry was available
that can show that Castle Rock Construction can engage or do business
relative to the trading of fertilizers.” Witness Jose Barredo stated that
FESHAN Philippines, Inc., one of the largest suppliers, is originally a
medical supplier and started to supply fertilizer only in 2004. Its
office address as submitted to the DA is a non-existing address.
Sixth, a document identifying the fertilizer requirements for 2003
submitted by Frisco Malabanan, Director, GMA Rice Program
indicated that it only needed Php 28.613 million for the entire
Philippines. If the said document is to be adopted and corresponding
adjustment made, allocations will not be as huge as the Php 2.806
billion released for the year 2004. This is a classic case of gross
disproportion between what is needed by the farmers and wasteful
utilization of the farmers’ fund.
Seventh, foliar fertilizer, which is appropriate for ornamental plants
and not for rice, was supplied. Technical experts invited by the
Committees are one in saying that generally, rice would require solid
fertilizers which include urea, ammonium sulfate, ammophos, complete
fertilizers, and muriate of potash, depending on the situation of the soil.
Furthermore, foliar fertilizer is advisable for use in high value crops
(HVC) because it is relatively expensive if it will be applied to rice.
Besides it is not effective in rice mainly because of the stature of the leaf
of rice which is upright. Thus, sprayed foliar fertilizer will just slide down
and could not be absorbed by the plant. The most effective way of
applying these nutrients to the rice plant is by the soil.
Eighth, the wrong and overpriced kind of fertilizer for rice was even
diluted with water. Call it a case of “double corruption.” In the
testimonies presented during the public hearings, the fertilizers
overpriced by almost 1,000 % are not even pure fertilizers but
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watered down fertilizer.
Ninth, Undersecretary Jocelyn Bolante cunningly, wittingly listed
105 congressmen, 53 governors and 23 mayors to justify the
immediate release of the fund. It specifies uniform amounts,
regardless of which congressional districts or local units the proponents
represent, whether the same are rice or corn-producing LGUs or not.
Bolante is not even mindful that the locality or legislative district
from where the proponent came from is part of the farm-absent
Metro Manila. From this list, it can be deduced that it was an intended
flawed program using public funds.
Tenth, Bolante made the list attractive by including a number of
politicians as proponents but in truth and in fact, their names were
just used to lend credence to the project. And when asked to explain,
the DA cannot even justify where it was appropriated, by whom and
who disbursed it. Again, it was a manifestation of pure scam.
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The committees recommend the total overhauling of the
Department of Agriculture. At present, the department works in
such a way as a mafia or syndicate is operating it. There is a
substantial number of projects being implemented by the Department
with huge appropriation but its honest enforcement is not being seen
and most of them are being questioned by its direct constituents, the
farmers, the farmworkers and those in the agriculture sector.
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6. Strong probable criminal culpability is established, hence,
criminal and administrative charges must be filed against:
a. Undersecretary Jocelyn Bolante,
b. Secretary Luis Lorenzo,
c. Undersecretary Ibarra Poliquit,
d. Undersecretary Belinda Gonzales,
e. Assistant Secretary Jose Felix Montes, and
f. all Regional Directors of the Department of Agriculture who
participated in the illegal transactions or dissipation of the Php 728million fertilizer fund scam
They must be charged for violating the Law on Plunder and violating
the Anti-Graft and Corrupt Practices Act (Section 3 [e], Republic Act
3019).
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Malversation of funds as defined by the Revised Penal Code must
likewise be studied in the case of the several of diversion of funds
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committed.
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A criminal complaint under the same Act and the provisions of the
Revised Penal Code on perjury should be filed against Mr. Jesus
Agda, the Provincial Agricultural Officer of the Province of Eastern
Samar on the basis of his false testimony.
8. Similarly, the partners, suppliers or subordinates in the private
sector who worked in cahoots with the above-mentioned officials of the
Department of Agriculture who participated in overpricing, supplying
substandard and diluted fertilizers should be charged as coconspirators under the Plunder Law and Anti-Graft and Corrupt
Practices Act must be filed.
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Considering the enormous profits these private entities and individuals
amassed, the Bureau of Internal Revenue should likewise investigate
these private entities for possible tax evasion.
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… the order of contempt against Jocelyn Bolante must be enforced.
In addition, the following individuals must be held in contempt:
Secretary Luis Lorenzo
Undersecretary Ibarra Poliquit
The rationale for the enforcement of contempt order against Bolante
and the issuance of contempt against Lorenzo are anchored on their
continuous defiance of the Senate committees.
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10. The Committees recommend that President Gloria MacapagalArroyo must be held accountable in the mismanagement of the
fertilizer fund and take it upon herself to institute measures to correct
the flaws in her administration.
It bears knowing that a number of testimonies adduced during the
hearings were that the fund was indeed used to assure her victory in
the 2004 elections.
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Cognizant of the presidential immunity and respect accorded to the
Chief Executive, the accusations against her in the fertilizer fund
scam is so serious that it places the position of the Presidency in
the balance. The Palace looks at the issue as a mere political tool. Its
refusal to cooperate violates the spirit of democracy, promotes
tyranny and breeds the ground for instability it has in fact stirred.
Failure to disprove the charges, even resorting to shield those directly
responsible for squandering taxpayers' money, suggest her
culpability and involvement in this unforgivable act made against our
poor farmers. Her obvious indifference to examine the matter further
and identify the irregularities surrounding the disbursement of the
farmers' fund is equivalent to breach of official duty by nonfeasance
and inexcusable negligence of sworn obligation. In sum, the same
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may be labeled as betrayal of public trust in addition to the
violations committed under the Anti-Graft and Corrupt Practices
Act and the Law on Plunder.
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To this date, no effort on her part has been made, no categorical denial
was even heard. But all allegations and testimonies point to her
benefiting the most in an intricate scheme of deception and fraud. Only
this much the committees of the Senate know: that the fertilizer
fund was misused. It was corrupted. It was intended to assure her
victory. Mrs. President, could it be true?
The committees demand the truth. The Filipino farmers deserve no
less.”
And finally, of course, former Secretary of the Department of Social Welfare and
Development Corazon “Dinky” Soliman described before the CCTA how the Cabinet of
President Arroyo, in the presence of the latter or of then Executive Secretary Romulo
in her stead, would discuss as a normal part and priority of the agenda of Malacañang
an assessment of the specific areas in which President Arroyo’s chances of election
would be strong or weak, and how delivery of services could be patterned as to
strengthen her chances in the weak election spots – as follows:
C. Testimony of former Secretary of Social Welfare CORAZON “DINKY” SOLIMAN
before the CCTA on November 16, 2005 -“MS. DINKY SOLIMAN: I was in Pangasinan because in January 2004
and February of 2004, in cabinet meetings we were discussing the
strategy of the campaign to make Mrs. Gloria Macapaga-Arroyo
win in the 2004 election. And in those meetings we assessed the
strength of GMA in the different areas in the Philippines and
where GMA is weak and the opponent is strong, there was a
decision to make sure that programs that would help the poor as
distributing PhilHealth cards would happen. So, the resources
that we have for programs would then be given or allocated in
areas where the assessment indicates that Mrs. Gloria MacapagalArroyo is weak, and, therefore, the delivery of these programs
would accelerate her chances of winning. This is the reason I
went to Pangasinan.
ATTY. NERI COLMENARES: Let me clarify, official cabinet meetings were
held to discuss personal affairs of President Gloria MacapagalArroyo, in this case, the electoral campaign of where she is weak
or strong, can you clarify that information, Madam Witness.
MS. DINKY SOLIMAN: Yes, there were cabinet meetings that were held
in January and February to discuss the campaign strategy to
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ensure that Mrs. Macapagal-Arroyo would win the election and as
I said the discussions that we were having included a report of a
pollster that would tell us how she stands at that particular
moment in terms of chances of winning and how the opponents
are also faring in their bet in their presidential race. And after we
see the assessment, a decision of where the programs would go
based on the basis of weakness of GMA and strength of the
opponent. Pangasinan was then known as a stronghold of Mr.
Fernando Poe, Jr.
ATTY. NERI COLMENARES: Can you recall specifically when these
meetings took place?
MS. DINKY SOLIMAN: It was a … it started in January. It was regularly
happening on January, February, March, at least once in two
weeks.
ATTY. NERI COLMENARES: During these cabinet meetings that you
mentioned to discuss the electoral campaign of Gloria MacapagalArroyo, was President Arroyo present during those meetings?
MS. DINKY SOLIMAN: There were meetings where she was present and
there were meetings that she was not present and it was chaired
… and if she was absent it was chaired by the Executive Secretary
then, Mr. Alberto Romulo.
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ATTY. NERI COLMENARES: Apart from your testimony here, do you
have records of these meetings that you mentioned?
MS. DINKY SOLIMAN: Yes, there are some cabinet meetings that had
been recorded with this matter being discussed but there are also
cabinet meetings where no records of those discussions have been
made.” (t.s.n., CCTA session, November 16, 2005)”
Actually, there are many other electioneering activities – recorded in official
documents at that – which we, as we are certain the public, would not have easily
discovered but for the Minority Report in the House of Representatives. We quote from
this Report:
“The Cabinet Departments and the Bureaucracy have been rampantly
used to undertake GMA’s campaign. Thus Malacañang issued the
following series of Memoranda to Cabinet Secretaries: Memorandum
dated January 7, 2004 on the subject ‘Focus Campaign Efforts On
Constituents’; Memorandum dated January 7, 2004 on the subject
‘Designation of Undersecretary as Liaison Officer for Campaign or for
Managing Governance Affairs of Department’ ; Memorandum dated
January 14, 2004 on the subject ‘Use of President GLORIA Instead of
PGMA In Billboards And Notices’; Memorandum dated January 14, 2004
163
on the subject ‘Submission of Lists of TV Ad Placements’; and
Memorandum dated January 14, 2004 on the subject ‘Wider Media
Exposure of Significance Achievements’. All these memoranda were
designed to enhance the candidacy of GMA at the expense of public
funds and government personnel.” (p. 18)
The above revelation indicates to us that possibly these activities involving illicit
use of public funds could be just the tip of an iceberg.
ON THE CHARGE OF GRAFT AND CORRUPTION
1.
The Ginintuang Masaganang Ani
fertilizer and farmers funds plunder
As with the grand thievery of OWWA workers funds, we do not hesitate to share
the sentiment of the Senate that this act of electioneering and corruption is
particularly shameless. And, we need to add, because its victims are the poorest of
the poor of our countrymen, both crimes are simply unforgiveable.
2.
The Aborted, Anomalous
North Rail Project
During President Arroyo’s state visit to China last year, North Luzon Railways
Corp. president Jose Cortez Jr. and China National Machinery and Equipment Corp.
(Group), or CNMEC, president Ren Hongbin signed a memorandum of agreement for a
four-stage project,64 worth $503 million, for the construction of a railroad the first
phase of which will stretch for 32 km from Caloocan City to Malolos in Bulacan, along
the old line of the Philippine National Railways that has been abandoned for three
decades.
As in the case of the Ginintuang Masagang Ani (“GMA”) farmers fund scam, this
“North Rail” project has since been discovered, particularly through Senate legislative
inquiry, to be an anomalous graft-ridden contract violative of the Constitution and
pertinent laws.
We quote pertinent portions of the University of the Philippines Law Center
study officially commissioned by and submitted to the Senate on the matter:
64
“Senate to probe rail contract,” Christina Mendez, Phil. Star, September 26, 2005, pp.1 & 10
164
“EXECUTIVE SUMMARY
Legality of the Contract between NLRC and CNMEC
The Contract between the NLRC and CNMEC is unlawful and
void for failure to comply with the mandatory requirement of
competitive public bidding under RA 9184 in the selection of CNMEC
as the Prime Contractor. While there are exceptions under RA 9184
where competitive public bidding may be dispensed with, these
exceptions do not obtain in the selection of CNMEC, for the following
reasons.
First, there is no ‘imminent danger to life or property during a
state of calamity, or when time is of the essence arising from natural or
manmade calamities or other causes where immediate action is
necessary to prevent damage to or loss of life or property, or to restore
vital public services, infrastructure facilities and other public utilities’ or
‘where the subject contract is adjacent or contiguous to an ongoing
infrastructure project.’ Second, the Contract cannot be construed as a
treaty or executive agreement, whether viewed from the perspective of
international law under Article 2(1)(a) of the Vienna Convention of the
Law of Treaties or under Philippine law.
The Contract may be void as it appears to have failed to
comply with the Government Auditing Code and the Administrative
Code of 1987. To recall, the Northrail project will also be financed by
counterpart funds from the government. By positive provision of law, a
proposed government contract involving the expenditure of public funds
that is unsupported by a certificate as to the existence of appropriation
and the availability of necessary funds, which certificate must be
attached to as an integral part of the proposed contract, is fatally
defective.
Corollarily, CNMEC should establish that it is duly licensed to
undertake infrastructure projects in the Philippines as required by
RA 4566.
Legality of the Buyer Credit Loan Agreement
The Buyer Credit Loan Agreement between EXIM Bank and the
Republic of the Philippines is of questionable validity as it appears
that there was no prior concurrence by the Monetary Board, as
required by Section 20, Article VII of the Constitution. In the same
vein, the BCLA is so intertwined, with the Contract such that they
can be viewed as an integral agreement, as the appointment of
CNMEC as Prime Contractor under the Contract appears to be an
indispensable consideration for the execution of the BCLA. Accordingly
the nullity of the Contract casts doubt on the legality of the BCLA.
165
Economic, Financial & Technical Analysis of the Northrail Project
CNMEC is not technically qualified to be a Prime Contractor.
CNMEC has not done any railway projects of similar magnitude in China
or elsewhere in the world. Neither is it engaged in the manufacture of
the railroad equipment contemplated in the Contract.
With the downgrading of the Northrail project from a
standard-gauge electric train capable of airport express to a narrowgauge diesel-powered train solely for commuter service, the contract
price is on the high side. The government could have gotten a lower
price and cheaper credit had it taken the minimum effort of asking
other suppliers to submit proposals.
The Contract also contains many conditions disadvantageous
to the government. It is silent on the specifications of the train
equipment that is being procured; neither is there a standard warranty
that the equipment to be supplied will be brand-new. Chinese
engineering standards will be made to apply, completely ignoring
accepted standards applicable to Philippine infrastructure projects. The
risk cover for the project was delimited to a Chinese insurance company,
whereas this should be under the GSIS or an accredited domestic
insurer.
The involvement of BCDA in Northrail needs to be carefully
reviewed, as it may be in violation of the limits imposed by its charter.
Recommendation
The Contract should be annulled by filing the appropriate
action in court. As to the BCLA, further action thereon should be
studied.
If warranted, the appropriate criminal, civil and/or
administrative cases should be filed against the concerned public
officials/private persons.” (emphasis supplied)
We can only concur with the recommendations of the UP Law Center. At the
same time we cannot let pass the observation that, as in the case of the Ginintuang
Masaganang Ani investigation, transactions like these that are irregular, noncompliant of legal requirements, and productive of egregious disadvantage to the
government, would not have been brought into the open without the powers of inquiry
of the Senate.
166
3.
The Contract with Venable Llp.
On July 25, 2005, in her State of the Nation Address, President Arroyo
enunciated the need for charter change as her central focus, even as she absolutely
ignored the national crisis rocking the country arising from the controversy
surrounding her legitimacy as President following discovery of the Garci Tapes.
It was also on that very day that President Arroyo, through her National
Security Adviser Norberto Gonzales, executed a contract with the foreign law firm
Venable Llp., to lobby and procure United States grants or congressional funds for the
purpose of effecting amendments to the 1987 Philippine constitution.
Jose Anselmo Cadiz, president of the 43,000-strong Integrated Bar of the
Philippines, testified before the CCTA to attest to the shameful unconstitutionality of
this contract by which the nation's chief executive not only allows but in fact requests
funding from a foreign sovereign for the precise purpose of tinkering with the
fundamental law of her people. We quote from his testimony as follows:
"JUSTICE CAPULONG: You stated that one of the main objectives of the
IBP as an organization of laywers which discharge social or public
responsibility …Will you please state more or less briefly the scope
of that social or public responsibility of the Integrated Bar of the
Philippines.
ATTY. JOSE ANSELMO CADIZ: Sir, the IBP takes its role seriously in
terms of these objectives and we pride ourselves in making a
stand on issues on national importance like the resignation of the
President, the illegality of the Executive Order 464, the illegality of
the Calibrated Preemptive Response. As a policy of these
government and corollarily to our opposition to Executive
Order 464 is our view that the Venable Contract entered into
by the National Security Adviser is not only illegal but most
importantly unconstitutional.
JUSTICE CAPULONG: Before we go to that Venable Contract, may I ask
you if you made a serious study of that contract?
ATTY. JOSE ANSELMO CADIZ: Yes sir, we did, and in fact, our position
to EO 464 is anchored on the study of the Venable Contract
because we believed that EO 464 was an offshoot of the testimony
of Secretary Gonzales in the Senate.
xxx
xxx
xxx
JUSTICE CAPULONG: May I invite your attention Atty. Cadiz to the
following provision of the Venable Contract and I will read to
you this provision as part of this representation meaning
167
the representation to be made by the law firm, known as the
Venable LLP. “The Philippine government has
identified specific tasks which Venable will undertake and use
best effort to accomplish. #1 secure grants or congressional
earmarks for support of the Charter Change initiative of the
President of the Philippines which would reshape the form of
government in the Philippines from its current structure into
a Parlimentary Federal System. Part of such grant will be
used for the much needed engineering of the bureaucracy to
recover large estimated losses from acts of corruption in
government inefficiency.” Did you study that particular
provision of the Venable Contract?
ATTY. ANSELMO CADIZ: Yes sir, I did.
JUSTICE CAPULONG: Will you kindly give us your opinion as a legal
expert on the legality and constitutionality of that provision?
ATTY. ANSELMO CADIZ: Sir, I believe that ah…this ah… particular
provision of this contract as I previously said is not only
illegal but it is worst unconstitutional.
JUSTICE CAPULONG: Why do you say that Atty. Cadiz? Will you
please state your legal or constitutional basis for saying that
this is both illegal and unconstitutional.
ATTY. ANSELMO CADIZ: Sir in Article 9, Section C5 of the
Constitution states and if I may quote verbatim “financial
contributions from foreign governments and their agencies or
political parties or organizations, coalitions or candidates
related to elections constitute interference in national affairs
and when accepted shall be an additional ground for the
cancellation of the registration with the Commission on
Election in addition to other penalties that maybe prescribed
by law. Likewise, sir, in the Preamble of the Constitution
states “The state shall pursue an independent foreign policy
in its relations with other states the paramount consideration
shall be national sovereignty, territorial integrity, national
interest, and the right to self determination. As regards
Article 9, Section C5 although it specifically refers to political
parties or during elections by the doctrine of necessary
implication I believe that more so the government cannot
source money or ask money or ask for contributions to alter
the fundamental law of the land which is our constitution, in
which the effect I think sir is a blatant and an unabashed
interference in the creation or crafting of the fundamental law
of the land which is our constitution and that its relation to
the Preamble of the Constitution because I believe we cannot
have an independent foreign policy, nor, can we say, that we
168
have our national sovereignty, our national interest and our
national pride, if a foreign government, specifically, the only
super power of the world, the United States of America would
fund and therefore, interfere in the crafting of our
constitution. That is my humble opinion, sir.
JUSTICE CAPULONG: Would you consider this particular undertaking
Venable LLP as an infringement on the national sovereignty of the
Filipino people as enshrined in our Constitution?
ATTY. ANSELMO CADIZ: Definitely so sir, because, ah… as we know the
Constitution would be the mother of all our laws. Every statute or
enactment would be in consonance with the constitution, and,
therefore, if the foreign power has interfered into the making of the
Constitution, our national sovereignty is seriously imperilled.
JUSTICE CAPULONG: Would you consider the act of entering into
this contract given the provisions that I read as a culpable
violation of the Constitution?
ATTY. ANSELMO CADIZ: I believe so sir.
JUSTICE CAPULONG: On the base of this contract, first of all this
contract was signed in behalf of the Philippine Government by Mr.
Norberto Gonzales and let me read to you what his designation
and authority was when he signed this contract? Agreed to and
accepted for the Philippine Government, Norberto B. Gonzales,
signed. On the base of this contract would you consider this
contract as an act of President Gloria Macapagal-Arroyo.
ATTY. JOSE ANSELMO CADIZ: Definetly, so sir, because the National
Security Adviser is a cabinet secretary and it is fundamental
in our law that the cabinet secretary is the alter ego of the
President and unless expressly repudiated by the President
herself then, this act of entering into a contract with Venable
is considered to be the act of the President herself.
JUSTICE CAPULONG: … the contract provides that the Philippine
Government will pay Venable LLP the sum of US$75,000 every
month and that the contract required the Philippine
Government to make an advance payment of three (3) months
amounting to US$225,000. It has been admitted by Mr.
Gonzales that such amount is in fact been paid. Now, would
you consider the amount paid as lost money in the sense that
it can no longer be recovered.
ATTY. JOSE ANSELMO CADIZ: Yes, sir. Because under the contract
itself although there’s a provision of the termination of the
contract, the Philippine Government is mandated to give 90
169
days notice before the contract can be fully rescinded, and,
therefore, sir, at the very least three (3) months retainer
contract has been paid , and as you pointed out for US$75,000
a month that is US$225,000 for the 3-month duration of the
contract and I think at today’s exchange rate is upward of 13
million pesos indeed a very big sum of money which could have
been wisely used for more productive purposes for our people.
xxx
xxx
xxx
JUSTICE CAPULONG: Ah… I have no more question to you Atty. Cadiz.
Do you have anything to say in connection with the Venable
Contract that is the subject matter of your testimony this
morning?
ATTY. JOSE ANSELMO CADIZ: Well, sir, ah… as I previously stated,
this is not only illegal but likewise unconstitutional.
But, what really is truly objectionable here is the glaring fact
that this government has begged money before a foreign
government to alter the fundamental law of the land. We may
be poor in terms of per capita income or gross national product
may be low but, then, at the end of the day, I believe that our
national dignity, our national pride as a people must not be
compromised because only by maintaining our pride and our
dignity as a people can we rise up on this abject situation that
we are in. So, this contract has previously been made a secret
and it was not through the Philippine Government that this
came about so probably in their own mind this is also an
objectionable contract, but, then, they persisted. They asked
money for the purpose of changing our Constitution. Foreign aid is
not bad per se, sir, but, then, if it is to beg money to alter our
Constitution, I think, that is most reprehensible. Thank you very
much sir." (emphasis supplied)
That the Venable Llp. contract was done surreptitiously, through a national
security adviser instead of the President herself or the Secretary of Foreign Affairs, is a
most valid and crucial observation. In fact, the possibility of arguing it was of no legal
effect anyway because ultra vires, i.e., beyond the power of Gonzales to execute no
matter his signature, was one of the escape valves that President Arroyo, through
Norberto Gonzales, had tried to utilize to diffuse the scandal. We certainly agree with
Atty. Cadiz that the execution of this contract by the President through her authorized
alter-ego is a culpable violation of the Constitution as well as an act of graft and
corruption, because it has resulted in the criminal wastage of public funds.
170
CONCLUSION
Massive electoral fraud, through cheating,
was committed through falsification of electoral
returns and certificates of canvass, made
directly possible through President Arroyo’s
use, through Garcillano, of Comelec, Cabinet
members, executive officials, and the military
One kind of cheating that was discovered involved the tampering of voting
results in electoral returns (or “ERs”) to switch victory in favor of President Arroyo
instead of (in favor of) Fernando Poe, Jr. This “technique” was discovered to have been
employed largely in the provinces of Pampanga, Cebu, Iloilo and Bohol (“PCIB”).
The other type of cheating was through the tampering of results in the
certificates of canvass (or “COCs”). This method was resorted to in Mindanao, most
glaringly in Lanao del Sur, when it developed that no matter the tampering of electoral
returns in the PCIB areas, Poe still had a clear winning margin, such that there was
need to offset and reverse these winning results through tampered results elsewhere.
In the reassuring words of Garcillano, “mag-compensate ‘yan sa Lanao”.65
Both types of fraud were not discovered during the national canvass because
Congress limited examination of results to the contents of certificates of canvass,
refusing to open electoral returns despite repeated objections from the opposition and
simply noting the same instead.
Both types have been described by former NBI documents expert Segundo
Tabayoyong as belonging to the “second-generation” style of fraud, the first being the
kind that involves tampering directly with the root document, the ballot.
The cheating has turned out to be in the nature of tandem fraud, as both ERs
and COCs show that those tampered in favor of Arroyo had also been tampered in
favor of Noli De Castro.
As analyzed in the presentation of Hermenigildo Estrella, Jr., the uncanny
correspondence – between the conversations of President Arroyo and Garcillano in the
Garci Tapes and the voting results in the Mindanao provinces referred to in these
conversations – confirms the rigging of the PSOVs and COCs in the said areas, which
led to the net effect of more than a million fabricated votes in favor of President Arroyo,
in accordance with her desire, as she had expressly relayed to Garcillano, in the Garci
Tapes.66
65
It is in Mindanao, specially Lanao del Sur, where historically, canvassing is deliberately delayed precisely to
accommodate cheating that will then allow tampered results to offset unwanted victories elsewhere.
66
No less than Comelec Commissioner Resurreccion Borra admitted at the Senate Committee hearing chaired by
Senator Biazon on April 3, 2006 that, “based on actual and empirical evidence,” there indeed occurred “massive
171
Finally, as revealed in the Garci Tapes – the genuineness of which Tapes have
been admitted by President Arroyo herself, her spokesman Bunye, her then
Environment Secretary Defensor, her lawyer Pedro Ferrer, and her National Security
Adviser Norberto Gonzales – the repeated conversations between President Arroyo and
Comelec Commissioner Garcillano during the counting of votes following the 2004
elections undeniably confirm that President Arroyo used officials and resources of the
Comelec, the Executive Department, and the military to falsify the 2004 election
results in her favor.
The contents of and references in these Garci Tapes conversations have been
independently authenticated through their positive declarations by eyewitnesses Zuce,
Gudani, Mendoza, Balutan, Dalidig, and Rashma Hali, and -- through their admission
by silence or absence of denial and the evasive reactions of some of them as well – by
the various key officials and individuals referred to therein, specially – officials of the
Armed Forces of the Philippines Lt. Gen. Hermogenes Esperon, Lt. Gen. Roy Kyamko67
and Maj. Gen. Gabriel Habacon, PNP Chief Arturo Lomibao, DPWH Secretary and
former PNP Chief Hermogenes Ebdane, Comelec officials and personnel -- Comelec
Chairman Benjamin Abalos, Jaime Paz (Comelec Chairman Abalos’ chief of staff), Ellen
Peralta (Garcillano’s former secretary), Rey Sumalipao (then Lanao del Sur provincial
election supervisor68), and Atty. Lintang Bedol (Provincial Election Supervisor for
Maguindanao), and Rep. Ignacio Arroyo’s Chief of Staff Gary Ruado, among others.
Following discovery of massive electoral
fraud in the wake of the Garci Tapes,
President Arroyo has caused the implementation
of a grand cover-up, even at the cost of the
people’s liberties, that continues to this day
One would have thought a truly innocent President, who discovers efforts by
opposition/military members to unjustly oust her from the office to which she was
truly elected through the criminal production and circulation of fabricated tape
recordings falsifying her voice (and that of other officials), would have moved heaven
and earth to have the culprits immediately caught, prosecuted, jailed, disqualified
from public office, and made to pay heavily in damages.69
cheating” in the 2004 elections. While he hastily clarified over television news the next day that what he said was that
massive cheating (during the 2004 elections) occurred in Lanao del Sur only and that cheating was not in the form of
“dagdag-bawas” but bribery, nevertheless, Commissioner Borra’s statement is an affirmation that massive cheating
did occur in Lanao del Sur.
67
who retired on April 2, 2006 (“Senga still mum on report on generals,” PDI, April 2, 2006, p. A2)
68
promoted after the 2004 elections to Regional Director for the ARMM (tsn, Senate Committee On National
Defense And Security, Jadela Cruz, Ii -1, April 3, 2006, 10:43 A.M. 1)
69
Even former martial law Secretary of National Defense Juan Ponce Enrile is reported to have exclaimed: “‘My
god! We better call the chief of staff, the secretary of Defense. I have served for 17 years in the National Defense
and I would never have tolerated this in my time – I’ll kick the asses of the generals!’ Enrile exclaimed. ‘What has
172
But President Arroyo did nothing of the sort.
First she used her spokesman, Bunye, whose job it was, at the press conference
that he called on June 6, 2005, to deodorize the incriminating impact of the Garci
Tapes by attributing its existence to a “destabilization plot.” Bunye announced on this
Day One that Malacañang will at once have the NBI investigate these tapes that he is
presenting to the media because wiretapping is an illegal act. Yet, that was the last
anyone ever heard of any NBI investigation on the Garci Tapes. And then, even as
Bunye had allowed the Malacañang Press Corps then and there to copy his Garci
Tapes CDs, the Secretary of Justice two days later issued the warning that those who
will possess copy of these CDs will be prosecuted for violation of R.A. 4200, the AntiWiretapping Law. The National Telecommunications Communication later issued the
same warning70.
Bunye having failed to stem the tide of the Garci Tapes, compounded by his
unpersuasive retraction of his admission that her voice in the Tapes is genuine,
President Arroyo herself fired the next cover-up salvo, through no less than her very
own admission and apology, on national television on June 27, 2005. Neither
convinced the Filipino people as any basis at all for sweeping the Garci Tapes under
the rug. On the contrary, very serious charges of electoral fraud, graft and corruption,
and violation of human rights were included in the Amended Impeachment Complaint
that was filed twenty-eight days thereafter, on July 25, 2006.
We now know that the June 27, 2005 admission/apology was just a cover-up
the true intent of which was to lull the people into their traditional, cultural tendency
to “just forgive and forget,” because former Representative Florencio “Butch” Abad has
attested that when the apology flopped in the face of an unconvinced citizenry,
President Arroyo made no bones about her irate displeasure with Cabinet members
who had proposed the strategy in the first place.71 It was in fact this lack of sincerity,
happened to the system? They do not deserve the accolade of being called intelligence officers, they are
eavesdroppers, nothing more. Voyeurs!’” (“Isafp man’s lover names voices on Garci tapes, Roy Pelovello, Manila
Standard Today / MST Online, January 20, 2006)
And not ever to be forgotten is the official line of Bunye himself when first he embarked on his cover-up
press conference on the 6th of June, 2005. He proclaimed then to the media and thus the entire nation:
“Now we wou1d like to express our outrage over the fact that the telephone of the President
has been tapped. This is an illegal act by itself, this is punishable under Revised Penal
Code and the use of this conversation illegally wiretapped and altered all together another
punishable crime.” (emphasis supplied)
70
Draft Report of the Committees on Public Information, Public Order and Safety, National Defense and Security,
Information Communications Technology, and Suffrage and Electoral Reforms on the investigation conducted on the
Garci Tapes
71
In fact her own words betray cover-up of the truth of her participation in the Garci Tapes as the real intent behind
her apology. She stated: “I was anxious to protect my votes and during that time had conversations with many
people, including a Comelec official. My intent was not to influence the outcome of the election, and it did not. As I
mentioned, the election had already been decided and the votes counted.” We are compelled to two observations:
First: If truly she was not the person whose voice was recorded in the Garci Tapes, then, like any sincerely contrite
Filipino, she would have made a full confession, relating her innocent story completely. But on the contrary, after
173
and their realization that the apology was just a sleight of hand to put an end to the
Garci Tapes crisis, that led, among other major reasons, to the resignation of the
Hyatt 10.
As earlier recounted, the resignation statement of the Hyatt 10
pertinently reads:
“On July 5, in a Cabinet meeting a week after her “I am
sorry” speech, the President expressed remorse over her
public statement on the Garci tape, chastised those of us who
insisted on her speaking about the tape and complained that
she drew more flak than public sympathy for her apology. We
wondered: Did she make the admission on the Garci tape out
of a sincere desire to tell the truth? Or, was the apology made
out of fear that some Cabinet members might resign if she did
not? Was this the reason why a majority of the people viewed
her public apology as insincere?”72
Then there was the attempt of then Environment Secretary (now Presidential
Chief of Staff) Michael Defensor to impute to the “destabilizers” the alleged splicing of
the Garci Tapes through the addition of the words “’yong dagdag, ‘yong dagdag,” only
to be scientifically rebuffed by sound expert (and eventual CCTA witeness) Jaime
Sarthou, who explained that it was the Bunye Garci Tapes, not those of Alan Paguia,
that were spliced.
When it became increasingly evident that the populace would truly not be
content without knowing the truth behind the possible massive electoral fraud ignited
by the Garci Tapes, her apology notwithstanding, the developments will show that the
Arroyo administration began to show its true colors.
Instead of digging deep into the controversy and exacting through the enormous
powers of the Presidency all necessary facts and figures to hold accountable all
implicated warm bodies in the Executive Department, the Comelec and the military,
what President Arroyo and her alter-egos did was to utilize carrot and stick with all
their might to divert attention from the anomalies, belittle their significance through
pronouncing the noble words “Tonight, I want to set the record straight. You deserve an explanation from me,
because you are the people I was elected to serve,” President Arroyo saw fit not to disclose to the Filipino people
even just the identity of the Comelec official, much less what exactly they talked about to “protect her votes” and why
there was a need to do so. Second: If what she stated is true -- that the election “had already been decided” and the
“votes (had already been) counted” when she talked to the Comelec official -- then why, in the first place, did she
have to talk to the Comelec official at all? In what sense and exactly how did she imagine that a single Comelec
official could “protect her votes?” The inscrutable quality of her apology/admission thus fortifies the only conclusion
that makes sense, i.e., it was a cover-up for the truth of her role in the Garci Tapes.
72
“Survival-At-All-Cost (Or, How To Run One’s Country to the Ground),” Hyatt 10 statement read by former
Education Secretary Florencio “Butch” Abad at the August 30 forum of the Black & White Movement (see p. 101
hereof)
174
confusion and deception, and suppress all other legitimate, nay, even official,
investigation and inquiry.
Thus came the Tabayoyong raid, the unofficial, unpublished but brusquely
practiced policy of “calibrated pre-emptive response” in the crushing of all manner of
peaceful assembly and petition for redress of grievances under the dubious umbrella
of the martial law edict B.P. 880, the great conspiracy that made possible the great
escape of the suspect at the center of the storm, Virgilio Garcillano, the killing of the
impeachment complaint by pure technicality in the face of massive popular demand
for honest inquiry, the issuance of E.O. 464 which gagged the Senate and allowed
Executive Department officials, high or low in rank, to ignore summonses and
invitations in legislative inquiries (including even as fundamental an activity as a
budget hearing), and of course. Of course there is good ground for the suspicion that
the breathing space provided him with time to fabricate, as confirmed by the recent
filing of charges against him for falsification, perjury, and violations of the Passport
Act of 1996 by no less than members of the House of Representatives. And seeming
like a culmination, there was Presidential Proclamation 1017, in the wake of which
was a systematic deluge of constitutional and statutory, even criminal, violations of
the Filipino people’s basic democratic rights, including those that are the lifeblood of
the media, that democratic institution we call the Fourth Estate because of its role as
pillar of freedom.
In the realm of common-sense, as in the field of evidence, this systematic and
willful suppression of evidence by President Arroyo makes inevitable the presumption
that the motive behind the suppression is the fact that the evidence, if produced, will
be adverse to her interest – i.e., will incriminate her.73 The wide, tenacious swath and
spread of coinciding, complementary efforts that she leads to cover up crimes and
constitutional violations leads to no other conclusion than guilt.
On top of the foregoing official behavior and attitude of President Arroyo’s
administration that clearly favors obfuscation, evasion and prevarication to downright
falsification of the truth and the suppression of the citizens’ cherished, inalienable
freedoms and liberties whenever focused on anomalies and wrongdoing, we find it to
be the height of insolence and arrogance – and the ultimate insult to the democratic
notion of accountability to the citizenry -- that erring public servants are even
rewarded with official promotion, while whistle-blowers who risk life, limb and
livelihood for truth are prosecuted and subjected to blackmail or persecution. The
generals implicated in the Garci Tapes have continued to be assigned to command
posts74, while Brig. Gen. Gudani and Col. Alexander Balutan are both undergoing
73
As former Commissioner of Customs Ramon Farolan asks, not without a hint of exasperation: “Why is it that the
authorities are so quick to pounce on people like Soliman, David and Montaño, and yet we don’t see any
such resolute action being taken on characters like Virgilio Garcillano, Joc-Joc Bolante or Benjamin Abalos?
If it was true that Garcillano was in the country all the time, why could not our police authorities track him down for so
long? It was as though some people wanted some time for sentiments to cool down before presenting him. Has the
government exhausted all means to get Bolante back so he could testify on the P728-million fertilizer scandal? Has
his passport been cancelled, and have we asked for assistance in bringing him back to the country?” (“First They
Came For The Communists,” Ramon J. Farolan (Reveille), PDI-Opinion, March 26, 2006, Sunday, p A13; emphasis
supplied)
74
While the promotion of then AFP Deputy Chief of Staff for Operations Brig. Gen. Hermogenes Esperon to
Lieutenant General is pending confirmation by the Commission on Appointments, he is referred to as the imminent
175
court-martial for having defied E.O. 46475, Atty. Samuel Ong is under threat of arrest
purportedly for violation of the Anti-Wiretapping Law, and T/Sgt. Vidal Doble was
compelled to recant because of pressure upon him and his family from the ISAFP.
Incidentally, to public knowledge, Atty. Ong is the only person threatened with
arrest76, even as millions of Filipinos (Senators and Representatives included) will have
also violated the Anti-Wiretapping law (with Presidential Spokesman Bunye as the
very first offender last June 6, 2005) – for having listened to, or played, or procured
copies of, or distributed or circulated the Garci Tapes or at least a portion thereof – if
the latter’s contents are genuine conversations that have really been wiretapped. On
the other hand, a candid appreciation of the nature, tenor, motive and details of
T/Sgt. Doble’s alleged recantation, together with the explanation of his former
girlfriend Marieta Santos, nevertheless leads us to conclude that the Garci Tapes are
genuine, specially as certain of Doble’s sworn Senate statements (to supposedly
reaffirm the recantation) humongously defy basic logic -- for instance, when Sgt. Doble
admitted the transfer to his possession of P2 million (from the possesson of Atty.
Samuel Ong) but at the same time denied receipt thereof, then mightily tried to explain
the mystery by saying that while it was given to him he did not receive it, and then
saying that even as he did receive the gargantuan amount he does not know at all why
it was given to him in the first place.
Even as the administration’s very own Justice Secretary has already admitted
that the root of this nation’s destabilization is the continued and continuing nonresolution of the crisis of the Garci Tapes which casts doubt on the legitimacy of the
President’s mandate, President Arroyo took time (since October, 2005) to release the
Mayuga Report77. And when finally released, it was timed on April 12, 2006, Holy
Wednesday78, and then only to absolve AFP generals Esperon, Habacon and Kyamko,
despite overwhelming evidence on their complicity.
Worse, it had the gall to include Brig. Gen. Francisco Gudani as among those
charged with irregularity – when Brig. Gen. Gudani is precisely the officer and
gentleman who exposed the illegal machinations in Lanao del Sur that the
successor of AFP Chief of Staff Generoso Senga. Arturo Lomibao, on the other hand, was appointed Chief of the
Philippine National Police on March 14, 2005. Maj. Gen. Gabriel Habacon is now the Southern Command chief,
taking over from now retired Lt. General Roy Kyamko, who held the post during the 2004 elections. On the other
hand, since 2005, Col. Pirino has been the commander of the Armed Forces Reserve Command headquartered in
Pagadian. (“Lanao’s Dirty Secrets,” Sheila S. Coronel (with additional reporting by Booma C. Cruz and “The Probe
Team”), PCIJ i Report, November-December 2005, pp. 6-11)
75
tsn, hearing of Senate Committee On National Defense And Security, Aliccatimbang 1-1, April 3, 2006
76
As recounted in the timeline, Justice Secretary Raul Gonzalez declared in an interview, after the NBI had filed
sedition charges against Samuel Ong on June 15, 2005, that wiretapping charges will follow, saying: “I’ll stake my
reputation here.” (see p. 9)
77
We cannot help but point out that this pattern of delayed reporting and response, on the very matters that require
strict and utmost accountability to the Filipino people, exacerbates suspicions of whitewash and sanitizing for damage
control. This pattern is manifest in President Arroyo’s June 27, 2004 apology, and Garcillano’s and Bolante’s evasion
of legislative inquiry.
78
perhaps quite strategically, as part of “news management,” Rep. Roilo Golez has commented. (newscast, ANC,
April 12, 2006)
176
Comelec/military waged against the 1st Marine Brigade just to allow cheating in favor
of President Arroyo. This, to us, is an illustration yet again of the nature and level of
morality and ethics, the real political code and culture, in the administration of
President Arroyo. What this facet of the Mayuga Report shows is a government
culture and ethic that considers and treats a whistle-blower – who tells his
countrymen the truth about constitutional and criminal violations – as an enemy.
And the worst part is that it illustrates how, in this country today, the arrogance of
power has zoomed to such an extent that human notions of decency and of right and
wrong are degraded to their basest by power-wielders even to one’s face.
Likewise, instead of causing the filing of charges against Undersecretary
Jocelyn Bolante and all other executive officials involved in the Ginintuang
Masaganang Ani plunder, it is on record that President Arroyo, her Justice Secretary,
her Department of Agriculture Secretary, nay, the entire executive department, and in
fact the Ombudsman herself, have chosen not to lift a finger.
Finally, the complaints, protests and objections of human rights victims and
organizations against him notwithstanding, President Arroyo has pointedly
encouraged former Col. Jovito Palparan by promoting him to Major General on
December 15, 2005, and then issuing to him the Distinguished Star Award on March
20, 2006.
But ultimately the most dangerous cover-up device that President Arroyo is
resorting to is that political exercise known as Cha-Cha.
Charter Change as the ultimate cover-up to
permanently avoid accountability to the people
It was as early as in July 25, 2005, during her State of the Nation address, that
she proclaimed her discovery of charter change as the cure-all for this country’s
problems that she will therefore single-mindedly pursue. On this occasion she dwelt
on the need to revise the 1987 Constitution of the Republic, and completely ignored
the single question in the minds and hearts of her people: what about the truth
behind the Garci Tapes?
Her Interior and Local Governments Secretary consistently denies that she has
prevailed upon the resources of the entire executive branch of government, and in fact
the Comelec, in a scramble to revise the Constitution of the Republic by way of a
people’s initiative. However, when we consider how organized, well-financed groups
and forces have most suddenly emerged, from simply out of the blue, to jump-start
and then fast-track the current signature drive, no matter that this process
contravenes the Constitution itself and jurisprudence79, and no matter how the
79
In an apparent response to the swirling confusion generated by the signature campaign, the Supreme Court
confirmed on March 29, 2006 that there is at present no enabling law on the basis of which the Constitution may be
validly revised by way of a people’s initiative, the previous law (Republic Act No. 6735) having already been declared
invalid by it in the 1997 case of Santiago v. Comelec. (In the latter case, the Supreme Court had likewise ruled that
Resolution No. 2300 of the Comelec, promulgating rules and regulations to carry out the purposes of the law, is by
177
“charter change express” ignores all basic requirements whether as to budget
availability or normal consultative timetables (even by the standards of the Comelec
itself80) and railroads all considerations of substantive and procedural due process,81
then we find, by elementary logic and common sense, that all roads ineluctably lead to
her as main sponsor and beneficiary of the campaign.82
We think these pre-meditated events render inevitable the conclusion that
President Arroyo must indeed have a very personal stake in the victory of this project.
And we find no difficulty in perceiving that her ulterior motive for this
inscrutably frantic desideratum lies in the fact that her automatic constitutional
installation as President, through a transitory provision in the proposed new
constitution, will provide leeway for her to argue, no matter how tenuously, that all
charges of electoral fraud and crime relating to her assumption of the presidency in
2004, graft and corruption, and violations of human rights – impeachable offenses all
– will have thereby been rendered moot and academic, by dint of ratification by the
people in the plebiscite.83
What the nation will then have will be a parliament dominated by President
Arroyo through her allies, not unlike the present House of Representatives that
the same token invalid, the supposed delegation of the power to do so in favor of the Comelec having sprung from an
invalid law.)
The decision also permanently enjoined the Comelec from entertaining any petition for an initiative on contitutional
amendments until a sufficient law shall have been validly enacted to provide for the implementation of the system.
80
According to Comelec Commissioner Resurreccion Borra himself, testifying before Senator Biazon’s Committee
on April 3, 2006, the Comelec’s Finance Services Department has stated that verification of signatures alone will
entail a minimum cost of P1 billion, for which the Comelec has no budget. Neither, he added, does the Comelec
have any budget for a plebiscite, the cost of which will be at least P2.6 billion. Nor is this amount covered by the
budget proposed by the DBM, which is only P2.1 billion. Likewise according to Commissioner Borra, a preparatory
period of at least six months is required for any national electoral exercise, such that the chances for the holding of a
(bona fide) plesbiscite by July, 2006 is “impossible.” (Hearing of Senate Committee on National Defense and
Security, ANC live telecast, April 3, 2006)
81
Interviews of citizens, aired on national television, reveal that they signed without knowing, much less
understanding, what they signed. (television newscasts, March 23, 2006)
82
specially considering her latest public pronouncement, big and bold, that those who will not ride the charter
change train will get run over ("GMA rides Cha-cha train… `It's time for old-time politicians to stand back or get run
over," Gil C. Cabacungan, Jr. and TJ Burgonio, PDI, March 31, 2006, p. A1)
83
In the words of Prof. Randolph David: “…serious advocates of the rewriting of the Constitution know that a
basic requirement for doing it right is the insulation of the process from the narrow objectives of partisan
politics. Right now, it is such objectives that are driving the “Charter Express.”
It is obvious what these are. The first is to abolish the Senate, the only branch of government that has
dared to investigate criminal charges against Ms Arroyo with persistence and independence. It is this Senate
that will automatically constitute itself as an impeachment court the moment an impeachment complaint obtains a
one-third vote in the House of Representatives. The second is to lay to rest, once and for all, the legitimacy
questions that have hounded Ms Arroyo’s presidency since 2001, and all the criminal charges arising from
the fraudulent conduct of the 2004 elections.
Clearly, Charter change, by hook or by crook, is Ms Arroyo’s last card in her bid to survive till 2010 and
avoid prosecution and imprisonment at the end of her term.
178
quashed the impeachment complaints against her by sheer technicality, but this time,
absolutely free of a counterchecking Senate. Such a parliament can then legislate to
the maximum in its and President Arroyo’s favor, and even amend the Constitution in
any way and as often as it may wish by simply converting itself into a constituent
assembly. Other countries and nation-states may have survived in this manner, but
the recent example of Thailand drives home the difference.84
Insofar as any danger might be intuited given these premises, even New Yorkers
have felt the time ripe to call the modern world's attention to our plight.
"Filipinos thought they had put an end to electoral chicanery and
governmental intimidation when they overthrew the Marcos dictatorship
two decades ago.
xxx
xxx
xxx
Mrs. Arroyo is no Ferdinand Marcos, at least not yet. But this one-time
reformer is reviving bad memories of crony corruption, presidential voterigging and intimidation of critical journalists. Unless the Philippine
Congress and courts find ways to rein in her increasingly
authoritarian tendencies, democracy itself may be in danger." ("New
York Times editorial: Dark Days for RP Democracy," published online
April 5, 2006; Philippine Daily Inquirer, April 6, 2006, p. A1 & p. A17;
emphasis supplied)
On top of this dark cloud overhanging the legitimacy per se of President
Arroyo’s assumption of the post of Chief Executive, further brood the overwhelming
evidences of plunder on two counts -- with official documents splayed before the
Senate, as regards the Ginintuang Masagang Ani funds, and before the CCTA, as
regards the OWWA funds – as well as culpable violation of the Constitution, in the
execution of the Venable contract.
And of course, there is the unconscionable, unpardonable violation of the most
significant of recognized developments in modern civilization – human rights.
But more than the depredation and pillage of the human, financial and natural
resources of this country, certainly the most mortal of this present administration's
sins is its unrepentant, almost gleeful espousal of spiritual decay in its abetting of a
values system that extols evil over good, turns our historical nobility and innate
morality as a people on its head, debases and exploits the materially and intellectually
poor majority as grovelling subjects – in violation of their rights and dignity as
sovereign citizenry – and sanctions in lieu of basic human decency a culture that
considers as perfectly acceptable any practice and technique of survival no matter how
base, such that lying, cheating, stealing, bribery, opportunism, corruption, power
play, blackmail, harassment, and violation of constitutional and human rights and
outright persecution and crime are normal and simply par for the course.
84
A deep sense of national identity and national self-respect that includes a reverence for the country’s institutions,
a national values system in which preservation of country is a priority above all else, political and cultural maturity, all
translating to a genuine love of country – these were key to Thai Prime Minister Thaksin Shinawatra’s self-sacrificing
resignation. In our country’s situation today, we have no doubt that it is the opposite that obtains.
179
In other words, survival at all cost – this has been the creed of this
administration.
RECOMMENDATION
From a consideration of all the facts and findings disclosed in this study
through the efforts of the CCTA, the Senate, all the courageous witnesses and the
Filipino people, we most seriously believe that the above scenario will subject to the
greatest risk, and perhaps irretrievably for a very long time, the democracy and
national well-being that our people have fought for ever since Jose Rizal, and which
has turned ever so fragile since the Marcos dictatorship.
For that kind of risk we do not think any justification exists that can be
forgiven by our children, and their posterity. It is for their sake, and their right to have
us preserve for them our homeland we call the Philippines, that we make no less than
the following recommendations.
We recommend 1. That Gloria Macapagal-Arroyo immediately vacate the Office of the President so
that she can be held accountable for her acts constituting betrayal of public
trust, graft and corruption, bribery and culpable violation of the Constitution.
2. To work for the creation of an official process that will pave the way for genuine
truth-seeking and determination of culpability of other officials involved in
electoral fraud, graft and corruption. The successor government will be urged to
investigate and prosecute those who are involved in these acts
3. To work for the filing of all necessary actions – constitutional, criminal, civil and
administrative – in the proper bodies, courts and agencies that the evidence
may be capable of supporting and accordingly, in the event of liability and/or
conviction, the imposition of all consequent penalties, damages, and sanctions
that are commanded by any and all laws that may have been violated;
4. To issue a statement urging the international community to withdraw aid and
recognition from the Arroyo government;
5. To call for the amendment of all laws necessary to reflect the fundamental
democratic precept of people’s rights and sovereignty including reforms in
electoral laws and institutions, reforms in the criminal justice system towards
the elimination of impunity, and enhancing peoples’ participation in
governance.
6. To campaign against the current move to revise the Constitution as this will
cover-up and set aside the very issues raised in the CCTA against Pres. Arroyo
and hinder the reforms recommended by the CCTA.
180
7. To conduct other actions and activities in pursuit of the objectives of the CCTA
and to work for the realization of its recommendations.
The following are some of the charges that the evidence seems to warrant and
ought therefore to be filed against all who appear to be responsible, individually or in
conspiracy -On Electoral Fraud and Graft and Corruption
Cheating
Culpable violation of the Constitution, graft and corruption, bribery, betrayal of
the public trust and other high crimes that are the bases for
impeachment
Falsification of public documents (Art.'s 171 & 172, RPC), re tampering of
election returns and certificates of canvass
Bribery (Art.'s 210-212, RPC), re meeting at La Vista with Comelec officials and
admission of Garcillano re P300 million from Bong Pineda
Offenses under election laws, re tampering of election returns and certificates of
canvass, improper use of public funds and resources, electioneering
Anti-Graft and Corrupt Practices Act (R.A. 3019)
Cover-Up
Culpable violation of the Constitution and betrayal of the public trust that are
the bases for impeachment
Violation of the law on Obstruction of apprehension and prosecution of criminal
offenders (P.D. 1829), re concealment of Garcillano
Falsification of public documents (Art.'s 171 & 172, RPC), violation of Passport
Act of 1996, perjury, re Garcillano's passport
Arbitrary detention by detaining a person without legal ground (Art. 124, RPC),
re arrest of Prof. Randolph David, Corazon Soliman and others)
Violation of domicile (Art. 128, RPC) and Searching domicile without witnesses
(Art. 130, RPC), re the Tabayoyong raid
Prohibition, interruption, and dissolution of peaceful meetings (Art. 131, RPC)
Electioneering
Culpable violation of the Constitution and betrayal of the public trust that are
the bases for impeachment
Offenses under election laws, improper use of public funds and resources,
electioneering
Anti-Graft and Corruption Law (R.A. 3019)
Law on Plunder
181
FINDINGS ON THE ISSUE OF
POLITICAL KILLINGS AND
OTHER FORMS OF
HUMAN RIGHTS VIOLATION
On 15 November 2005, the third day of the CCTA proceedings, the lawyerpresenters offered testimonial and documentary evidence on the true human rights
situation in the country under the regime of President Gloria Macapagal-Arroyo,
covering the period of January 20, 2001, the time she assumed the presidency, up to
the present. It was shown that perpetrators of violations of human rights are the
military, police and other agents of the state; while the victims are mostly activists,
militants, journalists and people from various sectors seeking meaningful reforms in
Philippine society.
Seven key witnesses were presented. They were: MARIE ENRIQUEZ, an expert
on human rights with extensive experience and unwavering commitment as a human
rights activist since the martial law era; RENE GALANG, president of the 5,300-strong
United Luisita Workers’ Union (ULWU) that fell victim to union busting by the
Hacienda Luisita management and witness to the bloody massacre of striking workers
by the combined forces of the military, police and private army of the management;
ADELIZA ALBARILLO who at the age of ten saw by her very own eyes the cold-blooded
murder of her parents perpetrated by the military; CRISTINA ABALOS, whose father
was abducted by the military and to date remains missing; RICHARD MARGALLO, a
farmer survivor of the November 21, 2005 Palo, Leyte massacre perpetrated by the
military; and, Bayan Muna Party-list Representative SATUR OCAMPO who on various
occasions had the opportunity to personally speak with Pres. Arroyo and brought to
her attention the politically-motivated extrajudicial killings, forced disappearance,
torture and other forms of human rights abuses committed by the military, police and
paramilitary forces.
National Human Rights Situation
MARIE H. ENRIQUEZ, 52 years old, testified that she has been a human rights
worker/advocate since the Marcos dictatorship when she herself, together with four
members of her family, was tortured while under illegal detention. Her sister was
killed in Camp Crame in 1973. After Marie’s release from unlawful detention in 1976,
she decided to work full time for the promotion of human rights.
She was a founding member of the now defunct Kapisanan ng mga Kamaganak at Kaibigan ng mga Bilanggong Political (KAPATID). She was also a member of
Samahan ng mga Ex-Detainee Laban sa Detention at para sa Amnestiya (SELDA) and
was also formerly with the Philippine Alliance on Human Rights Advocate (PAHRA).
She has attended and spoken at numerous international conferences on human
rights. She is one of the prime movers of the human rights class action suit against
182
Marcos, which was heard by the Hawaii Federal Court. She also formally submitted
SELDA’s opposition to the settlement agreement proposed by the Marcos family.
She is currently the secretary-general of the Alliance for the Advancement of
People’s Rights (KARAPATAN) which was established in 1995. As a human rights
watchdog in the country, KARAPATAN, with its 15 regional chapters, undertakes
painstaking investigation and documentation of all human rights violations
perpetrated by the military, police and paramilitary forces for the purpose of exposing
these abuses and demanding justice for the victims. KARAPATAN provides paralegal
services and other forms of assistance to victims, actively participates in legislative
sessions with regard to matters concerning human rights issues including pushing for
legislation that advances human rights protection, and prepares human rights reports
to the Philippine Commission on Human Rights and to the United Nations. functions.
Through a video presentation, Ms. Enriquez showed the worsening state of
human rights under the Arroyo administration in just a span of more than four years.
From January 21, 2001 to September 30, 2005, KARAPATAN had documented 4,692
cases of human rights violations. Individual victims already numbered 262,036.
28,699 families and 460 communities also fell victim to these violations. In so short a
time, 411 victims of summary execution, 130 victims of abduction and involuntary
disappearance, 245 victims of torture, 1,563 victims of illegal arrest, and 1137 victims
of arbitrary detention have been recorded. Thousands others are victims of threats,
harassment, intimidation, forcible evacuation and displacement due to continuing
military operations as part of the government’s counter-insurgency campaign.
The Arroyo administration’s human rights record shows that the victims are
human rights workers and lawyers, journalists, priests, church workers, even local
government officials, peasant and trade union leaders, and leaders and members of
people’s organizations. What is common to all of them is that they are either leaders,
members or supporters of progressive mass/people’s organizations opposed to the
political and economic policies of the government. Moreover, witnesses point to the
military, police and paramilitary forces and death squads suspected of being under the
direction of these state forces, as the perpetrators of human rights violations. In most
cases, the assassins are motorcycle-riding men wearing bonnets and ski masks; the
get-away vehicles used such as motorcycles bear no license plate number.
Ms. Enriquez pointed out that the violations are centrally directed and manifest
a clear and systematic pattern, showing a state policy of deliberately sowing terror on
the civilian population. In extrajudicial killings, for instance, a victim is first placed
under heavy surveillance. Then he or she is intimidated or harassed. In most cases,
the victim is subjected to campaign of vilification and is demonized and tagged as an
“enemy of the state” or a “terrorist.” A concrete illustration of demonization is the
release by the military of a power point presentation entitled Knowing the Enemy and
of the book entitled Trinity of War. The first, wherein the ISAFP labels certain
progressive groups and organizations, church institutions, journalist groups and
individuals as “enemies of the state,” was initially distributed to the media by the AFPNorthern Luzon Command (AFP-NOLCOM) on 22 January 2005. The second contains
a list of leaders, members and supporters of mass organizations and progressive
party-list groups tagged as “communist.” One of those named is Tarlac City Councilor
Abelardo Ladera, a Bayan Muna member, who was assassinated on 3 March 2005.
183
Thus, suspicion is rife that such listing constitutes a virtual “hit list” for the military,
police, paramilitary forces and other kinds of “death squads” under the control of state
forces.
According to Ms. Enriquez, the brazenness and absolute impunity with which
these human rights violations are carried out demonstrates the intensifying political
repression under the Arroyo government. Worse, not a word has been heard from
Pres. Arroyo categorically condemning the aforementioned attacks on the democratic
and human rights of the people. Her keeping close to absolutely mum on the issue
leads to no other conclusion than that she has full knowledge of these human rights
violations and abuses and actually tolerates, if not implements, this state policy, she
being the commander-in-chief of the Armed Forces of the Philippines and the
Philippine National Police.
Workers’ Repression
A clear example of the politically repressive policy of the Arroyo government that
has alarmed even the international community is the callous massacre of striking
farm and mill workers of the Hacienda Luisita in Tarlac City, owned and managed by
the big landlord Cojuangco-Aquino clan. Until now the victims, their families and
supporters cry out for justice against the blatant violation of the workers’ rights
committed by the Arroyo regime including its military, police and paramilitary agents
in collusion with the hacienda owners/managers.
RENE GALANG, who has been working for 23 years as a farm worker in the
sprawling hacienda that mainly grows sugar cane and includes a sugar central,
became president of the United Luisita Workers’ Union (ULWU) on June 2004. Prior to
his election as president, ULWU was a yellow union subservient to the dictates and
whims of the management.
Mr. Galang recounted that on 6 November 2004, the workers belonging to
ULWU and the Central Azucarera de Tarlac Labor Union (CATLU) simultaneously
launched a strike to force management to heed their legitimate economic demands,
such as an increase in wages and other better terms and conditions of employment.
ULWU also demanded the reinstatement of officers and members laid off as part of
management’s union busting efforts. Their strike also highlighted the fraudulent
scheme called the Stock Distribution Option (SDO) adopted by the hacienda
owners/management to deprive their farm worker-beneficiaries of their right to own
their land as mandated by the government’s Comprehensive Agrarian Reform Law. By
a combination of misrepresentation and intimidation, the owners/management had
hoodwinked the farm worker-beneficiaries into believing that the SDO would improve
their lives. In reality, though, the stock distribution scheme has only further
impoverished them.
Mr. Galang testified that their filing of a petition in 2003 seeking the
revocation/nullification of the SDO in Hacienda Luisita may have been the reason for
his illegal dismissal from work.
184
He narrated that on 6, 7 and 15 November 2004, despite their peaceful strike,
hundreds of police officers attempted to break up the picket line using tear gas, water
cannon, truncheons and later firearms, which seriously injured many strikers.
Despite the threat of an impending bloody dispersal, the strikers nevertheless
stood their ground. On the other hand, President Macapagal-Arroyo and her
government simply turned a cold shoulder to the plight of the striking workers. Her
deafening silence was interpreted as acquiescence to the police violence in Hacienda
Luisita. Worse, her alter ego at the Department of Labor and Employment (DOLE),
Secretary Patricia Sto. Tomas, issued an Assumption of Jurisdiction Order (AJ) on 10
November 2004. Although it was issued solely against Central Azucarera de Tarlac
Labor Union (CATLU), curiously, said AJ was forcibly served upon ULWU. More
strangely, the Labor Secretary deputized not only the police but also the Armed Forces
in the full implementation of the AJ.
To avert further violence perpetrated against the strikers, in the morning of 16
November 2004, the respective officers of ULWU and CATLU, Mr. Galang included,
went to the Makati residence of former Congressman Peping Cojuangco, one of the
owners of Hacienda Luisita. Their purpose was to negotiate with the former
congressman and his wife to spare the people from the looming violent and bloody
dispersal of the strike as enunciated in the AJ. Insisting that the ULWU officers no
longer had any personality to talk with them because they were deemed dismissed,
Mr. Cojuangco and his wife denied the ULWU officers entry into their house.
No agreement was reached during the negotiation. Mr. Cojuangco stood firm on
his stance to leave the matter to the decision of the DOLE. Thus, the union officers
went back to the picket lines in Hacienda Luisita. They noticed the presence of
hundreds of PNP elements and AFP soldiers in full battle gear positioned inside the
sugar mill compound. The state forces were aided by two armored personnel carriers
(APCs), two pay loaders and four fire trucks. Only the steel gate at Gate 1 of the sugar
mill separated the combined military and police forces from the strikers.
Immediately thereafter and without any negotiation taking place between the
strikers and the dispersal teams, the latter assaulted the strikers. The raw video
footage presented by Mr. Galang shows that the dispersal teams blasted the strikers
with water from the fire trucks which stung their skin. Tear gas was also used against
the strikers. Failing to crush the picket line, the dispersal teams commandeered an
APC that was used to ram the steel gate separating the state forces and the strikers.
When the gate was smashed open, the people started throwing stones or anything they
could put their hands on at the APC to thwart the attempt to disperse them. The
video footage shows the strikers and their supporters raising their hands in jubilation
after their defensive actions caused the APC to retreat. Shortly after, successive
gunshots were heard as the state forces indiscriminately fired upon the people. Every
one scampered and ran for cover. Thereafter, seven strikers lay dead while a number
of others sustained gunshot wounds, many of them severe. A little while later, more
than a hundred other strikers were illegally arrested and arbitrarily detained en masse
by the military and the police, not sparing women, one of whom was seven months
pregnant.
185
Mr. Galang explained that the violent dispersal and bloody massacre did not
put an end to the gross violations of the rights of the striking workers, their families
and supporters. On the contrary, the Cojuangco-Aquino family -- in conspiracy with
the military and police authorities and utilizing paramilitary groups such as the
Civilian Armed Forces Geographical Units (CAFGU) and other hired agents/gunmen -has continued to harass and threaten as well as abuse the rights of the hacienda
workers and their families.
On the night of 8 December 2004, Marcelino Beltran, a key witness to the
massacre was brutally murdered in his home in a remote village in Tarlac.
On the night of 5 January 2005, hacienda workers George Loveland and
Ernesto Ramos were seriously injured when still unidentified armed bodyguards of
Rep. Benigno “Noynoy” Aquino attacked them and other striking workers manning the
picket line outside the Las Haciendas gate of Hacienda Luisita.
On 3 March 2005, Abelardo Ladera, a duly-elected councilor of Tarlac City, a
member of Bayan Muna and a staunch supporter of the Hacienda Luisita strike, was
felled by a single gunshot to the chest while he was buying some spare parts for his
vehicle.
On 13 March 2005, Fr. William Tadena of the Iglesia Filipinas Independiente
(Philippine Independence Church) and also a strong supporter of the strike, was
likewise gunned down after officiating mass in Tarlac.
Another peasant strongly supporting the strikers, Victor Concepcion, was
likewise summarily executed in his house.
More recently, on the night of 25 October 2005, while resting in a hut near his
house and after personally distributing the unpaid earned wages and benefits of the
sugar mill workers, Ricardo Ramos, president of CATLU and village chairman of Brgy.
Mapalacsiao, Tarlac City, was also brutally gunned down.
Villages in the hacienda have become heavily militarized. Many villagers have
complained of being subjected to illegal arrest and harassment. Others, unjustly
accused of being New People’s Army (NPA) members are being forced to admit such
allegations by the military and thereafter sign government documents stating they are
rebel returnees.
The more recent harassment committed by the military was at 2 a.m. of 14
November 2005. Strikers manning the picket point in Brgy. Balete were mauled and
seized by elements of the 48th Infantry Battalion under the command of Maj. Gen.
Jovito Palparan who is chief of the 7th Infantry Division. Eleven of the strikers were
illegally and forcibly taken to a “safe house” where they were interrogated. Three of
them were subsequently charged with illegal possession of firearms on the basis of
planted evidence.
Mr. Galang called attention to the fact that he himself and his family are being
principally targeted by the military and the police. He pointed out that several
elements of the military have virtually maintained a detachment in a house just across
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his residence. They would ask around about his whereabouts. Worse, on or about 26
September 2005, they broke into his house. His wife was even slapped in the face by
the military intruders. Even his children in school experience harassment by the
military.
As a final note, Mr. Galang reiterated the unacceptable silence of Ms.
Macapagal-Arroyo and her apparent utter lack of concern over the grave problems
confronting the hacienda people. He sees her cold response as a ratification of the
continuing unlawful aggression committed by the military and police as well as
paramilitary forces, in collusion with the hacienda owners, against the poor people of
the hacienda.
Mindoro Human Rights Abuses
A child eye-witness to the brutal killing of her parents was next presented by
the lawyer-presenters. ADELIZA ALBARILLO, now 14 years old, is a daughter of
spouses Expedito and Manuela Albarillo who were abducted and murdered by
elements of the military on 8 April 2002 in San Teodoro, Oriental Mindoro.
Adeliza, who was then ten years old, was awakened by a loud bang in the early
morning of 8 April 2002. When she peeped through the window, she saw around 90
soldiers scattered outside their house. Around eight soldiers wearing bonnets to cover
their faces went inside their house. She said she was certain they were military men
because they barged into their house, were wearing military uniform and combat
shoes and were armed with long firearms.
She saw them clutching her mother’s arm while her father was tied to the door.
She heard the soldiers say they only wanted to talk to her parents inside the military
camp. But when her parents asked if they could first change their clothes, the military
refused. The latter said that there was no need because the Albarillos would be put to
death anyway.
The military then forcibly seized her parents. They hit her father’s leg with a
gun when he resisted. Her parents were taken towards a mountain, about 20 meters
from their house.
When the soldiers were no longer in sight, Adeliza ran to her relatives and
reported the incident. A moment later, they all heard a series of gunshots. Adeliza’s
relatives rushed toward the mountain to see what had happened. When they got
back, they were carrying the lifeless bodies of Adeliza’s parents. She noticed that her
mother’s shoulders were broken and her father’s left eye was blown out.
Adeliza’s uncle went to town to seek police assistance. Police officers who
responded, however, took the longer path to the mountains and arrived with some
soldiers. Adeliza and her relatives later learned that these military men came from the
mountains where her parents were brutally executed.
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Adeliza explained that the summary execution of her parents may have been
politically motivated. She said her father was known to be critical of the policies of
former Mayor Aldaba of San Teodoro, Mindoro Oriental. When Mr. Aldaba was killed
allegedly by the NPA, her innocent father was accused of the murder. But for lack of
proof, her father was released after nine months of detention.
She testified that her family wrote to the President appealing for help but that
nothing happened. It appeared that they were simply ignored.
Involuntary disappearance has also become widespread as among the cruel
forms of human rights violation committed by the military, the police, paramilitary
forces and their assets and/or agents. CRISTINA ABALOS testified on the abduction
by the military of her father who to this date remains missing.
Involuntary Disappearance
Cristina Abalos, 36-year-old, testified that her father, Patricio Abalos, was the
provincial chairman of a farmers’ cooperative in Samar. He was 67 years old at the
time he was abducted.
She narrated that in the evening of 28 March 2005, she was at home with her
father and other relatives. They were watching television when she noticed a Revo van
already parked in front of their house and saw some men standing around the vehicle.
She told her father about it. When he went out to check, the van had left.
Shortly thereafter, the van came back. Cristina saw about four men with highpowered firearms alight, force her father into the van and thereupon speed away. The
van had no plate number. A motorcycle, also without any plate number, Fllowed the
van
The next day, Cristina and her mother searched for Patricio at Camp Lucban in
Maulong, Catbalogan where the 8th Infantry Division of the Philippine Army is based.
But they were not allowed to enter the camp. They then tried to seek the help of the
Public Attorneys’ Office. But said office, explaining that it is itself being harassed,
turned them down. Not giving up, on 30 March 2005, they went back to the military
camp, but once again they were denied entry.
On 31 March 2005, six soldiers barged into and searched Patricio’s house
against the will of the residents therein and without a search warrant. The group was
led by one who introduced himself as Lt. Wilbert Basquiñas who arrogantly admitted
having custody of Patricio. He told Patricio’s family that he and his men were looking
for a gun allegedly kept in Patricio’s wooden trunk. Cristina and her family pleaded
with the soldiers. Lt. Basquiñas ignored them and proceeded to ransack the house,
threatening and aiming his pistol at the family members while brandishing his fan
knife.
The soldiers did not find any gun. Nevertheless they still took with them
Patricio’s trunk which contained his IDs, wallet and medicines. They also threatened
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to abduct Patricio’s wife should she not surrender the gun they insisted was being
hidden by Patricio’s family. Cristina’s family later reported the incident to the police
but the latter refused to help them. They said they would not want to antagonize the
military.
On 7 April 2005, Cristina and her mother went to seek the help of
Congressman Figueroa. They chanced upon Gen. Palparan, head of the Philippine
Army 8th Infantry Division and the superior of Lt. Basquiñas, at the congressman’s
house. Cristina noticed that the general’s vehicle parked outside the house was
surprisingly the same vehicle used by the military in the abduction of her father.
Cristina and her mother confronted Gen. Palparan. The general forced them to
admit that Patricio was a member of the NPA. [Did the relatives of Patricio admit that
he is a member of the NPA?!] Cristina asked Palparan why her father was being
illegally detained and why they were not allowed to visit him. Palparan then replied
that he was now allowing visits for Patricio. Cristina and her mother also insisted for
the release of Patricio, but Palparan rejected it, saying Patricio was old anyway.
After Palparan had left, Cong. Figueroa told Cristina and her mother that
Palparan admitted Patricio was under military custody. [Bitin ito. Dapat sabihin kung
an na ang nangyari kay Patrici matatpos makuha ang ganitong admission kay
Palparan.]
As a testament of the widespread brutal killing of civilians, a survivor of the
massacre of farmers in Palo, Leyte on 21 November 2005, a couple of days before the
last session of the proceedings, was presented before the Congress.
Repression of Peasants
RICHARD MARGALLO, chairperson of San Agustin Farmer-Beneficiaries Multipurpose Cooperative (SFBMC) in Brgy. San Agustin, Palo, Leyte, testified that on 24
June 2004, six members (Rene Margallo, Renato Dizon, Fe Muriel Obejas, Bernabe
Burra, Francisco Cobacha and Ariel Cantiso) consulted the cooperative on the issue of
landgrabbing committed by Pedro Margallo.
Richard Margallo emphasized that the Department of Agrarian Reform (DAR)
had previously awarded the disputed lands to these six members. Pedro Margallo,
however, insisted on taking possession of the land. So Bernabe Burra sought the help
of Bayan Muna-Metro Tacloban Chapter.
The cooperative thereafter planned a “balik-uma” or a back-to-farming activity,
to help the six farmer-beneficiaries assert their position on the awarded land. It was
set on 21 November 2005.
In preparation for the “balik-uma” activity, more or less 50 farmer-members
gathered as early as the evening of 20 November 2005 in the “kamalig” or makeshift
hut near the land they would till. They were joined in by other farmers from
neighboring villages.
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At around 5 a.m., the farmers were already up and about preparing food and
having coffee when, without any warning, they were peppered with a volley of gunfire.
The farmers shouted they were unarmed civilians but the shooting continued. Five
grenades were also hurled at them. Seven farmers died on the spot, including a
woman who was seven months pregnant. More than ten farmers were seriously
injured. Mr. Margallo himself sustained severe gunshot wounds on his legs and was
rushed to a hospital. In fact, he had to be wheeled to the witness stand on the day
that he gave his testimony.
Mr. Margallo stated that when the firing stopped, the perpetrators moved
towards the “kamalig.” They were in military uniform and combat boots, apparently in
full battle gear. Their faces were concealed by bonnets. They were members of the
19th Infantry Battalion, Philippine Army (IBPA). When they got inside the hut, they
ordered the farmers to lie face down and then started kicking their backs with their
boots. They were trying to extract an admission from the farmers that they are
members of the NPA.
When the farmers belied the accusation, a soldier brought in and emptied a
sack full of firearms and subversive documents and insisted that these belong to the
farmers. They [originally: “The military men”] also refused to provide immediate
medical aid to those injured. Worst of all, Col. Louie Dagoy, while admitting that the
attack was committed by elements of the 19th IBPA, nevertheless claimed that it was
not a massacre but a legitimate encounter between the rebel group and the military.
Despite the long list of political killings, the massacres, abductions, torture,
forced disappearances, and other forms of human rights violations under the present
administration, Ms. Arroyo has done nothing to address the intensifying attacks by
the state’s armed forces, the police and paramilitary units under their supervision
upon the fundamental rights and freedoms of the Filipino people.
Bicutan Siege
Two more witnesses testified on the carnage of detention prisoners, the
infamous Bicutan siege, at the Metro Manila District Jail in Camp Bagong Diwa,
Bicutan, Taguig City on 14-16 March 2005.
MIKHAEL ABDUL ASIS narrated that in the morning of 15 March 2006, he
stood outside the gate of the jail with Congressman Mujiv Hataman, whom Kosovo
(describe who he is) and his group of detainees had demanded to act as one of the
negotiators to end the siege. At 9 a.m. on that date, he saw numerous elements of
the police inside the district jail, all in full battle gear, and thereafter heard successive
thunderous bursts of gunfire. He saw then DILG Secretary Angelo Reyes, together
with Generals Avelino Razon, Arturo Lomibao and Gregorio Aglipay, clapping. Reyes
was even shouting “Banat, bata!” (“Fire, my men!”). The shelling went on until about
noon time. At around midnight, cadavers started to be brought out of the jail. Mr.
Asis helped transport 22 dead prisoners to Barangay Maharlika in Bicutan. He also
helped take photos of the victims. He said he saw that the victims’ skulls were
smashed and their bodies bore numerous bullet wounds.
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MAXIMIANO M. DE MESA, chairperson of the Philippine Alliance of Human
Rights Advocates (PAHRA) and board member of Task Force Detainees of the
Philippines (TFDP), related that upon request of the relatives of some of the victims of
the Bicutan siege, he approached the Commission on Human Rights (CHR) and asked
that a thorough investigation on the case be conducted.
On 23 April 2005, CHR investigators led by CHR chief investigator Atty. Dennis
Mosquera, with Mr. De Mesa, proceeded to the district jail, but they were refused
entry. They were allowed to enter only on 29 April 2005 after a Mission Order from
CHR was shown to the jail warden. Though Mr. De mesa was not the one conducting
the interview of witnesses inside the jail, he could nevertheless hear their statements
because he was just two or three feet away from the group of CHR investigators. He
heard the witnesses belie the reports that “Commander Global” and “Commander
Robot,” suspected leaders of the Abu Sayyaf Group (ASG), were killed during the siege.
The witnesses categorically stated that the siege was over when the two detainees were
executed.
Mr. De Mesa testified that he helped the CHR collate the testimonies of the
witnesses and prepare the report submitted to the CHR en banc. Said report
concluded that serious violations of human rights were committed during the siege. It
pointed to the specific cases of salvaging, massacre, excessive use of force, and cruel
and degrading treatment of the detainees after the siege.
Direct Responsibility and
Accountability of the Commander-in-Chief
SATUR OCAMPO, president of Bayan Muna (People First) Party-list also testified
that from 29 March 2001 to 13 November 2005, the number of documented
extrajudicial killings and summary executions of members, coordinators and leaders
of the organization he leads had reached 63. He said that the victims were not only
activists. Others belong to different sectors and come from different regions, especially
in areas where Bayan Muna has a strong following, and whose ages range from 8 to 70
years old.
Fact-finding investigations conducted by Bayan Muna show that the suspected
perpetrators come from the military, the police, paramilitary groups (such as the
CAFGU), death squads, or rebel returnees.
As a party-list representative in Congress, Mr. Ocampo has taken steps to
condemn, investigate and in general, respond to, the brutal and brazen extrajudicial
killings and other forms of human rights violations. These include, among others,
filing various resolutions fr Congress to conduct legislative inquiries; delivering
privilege speeches; leading fact-finding missions, ocular inspections, and holding
dialogues with government officials; undertaking solidarity missions; and presenting
formal opposition to the promotion of military officers with abominable human rights
record.
191
Cong. Ocampo recalls that from 16 November 2000 up to 12 August 2005, he
had personally brought to Ms. Arroyo’s attention the flagrant political killings. At
every opportunity that he met and talked with Ms. Arroyo, he personally denounced
these killings and demanded that she take decisive action. To his chagrin, however, in
most instances, Ms. Arroyo appeared cold and indifferent. At other times, her actions
were perfunctory, noting the coplaints and not much else, She betrayed an utter lack
of political will to stop the killings. And in spite of her personal knowledge of the
abhorrent human rights record of certain military and police officials, she nonetheless
promoted them. The prime example of this is Gen. Palparan whom Pres. Arroyo has
promoted twice.
Cong. Ocampo points to the fact that not only does Ms. Arroyo have command
responsibility, but she also has moral and political responsibility for all these human
rights violations. Her studied silence all this time can readily be inferred as tolerating,
encouraging and abetting these violations. Understandably, her responsibility for the
perpetration of these human rights violations committed with impunity, stems from
her government’s own counter-insurgency program and unqualified support for the
United States’ so-called “war on terror” and her pronouncements, policies and
excessive measures which have contributed, abetted and engendered the attacks on
the lives and the democratic rights of the Filipino people.
Documentary Evidence
The testimonies of the aforementioned witnesses are bolstered by the
voluminous documentary evidence offered and identified by expert witness Ms.
Enriquez, which include:
A.
On the Hacienda Luisita massacre and other human rights violations as
testitified to by Rene Galang
1.
2.
factsheet;
report of the PNP Investigating Committee on the Hacienda Luisita
Incident, dated 15 December 2004;
3.
sinumpaang salaysay or affidavit executed by Rene Galang on 13
January 2005, with attached AJ issued on 10 November 2004 by DOLE
Sec. Patricia Sto. Tomas, another DOLE Order issued on 11 November
2004 and signed by Undersecretary for Labor Relations Manuel G.
Imson, deputizing the PNP to enforce the AJ order, and the DOLE Order
dated 15 November 2004 and signed by Sec. Sto. Tomas, deputizing the
AFP-NOLCOM to assist the PNP-Region III and the DOLE representative
in the “full enforcement” of the AJ order;
4.
sinumpaang salaysay or affidavits of relatives of those who died in the
massacre, namely, Jhaivie Basilio, Andres Valdez, Jesus Laza, Jaime
Fastidio and Jun David, with identification documents, death certificate,
autopsy report, certificate of shares of stock attached to each of these
affidavits;
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5.
sinumpaang salaysay or affidavits executed by the other victims and
witnesses, namely, Ferdinand Awit, Gil Palaganas, Florida Sibayan,
Ferdinand Aquino, Gaudencio Mesa Jr., Tirso Cruz, etc.;
6.
the complaint-letter dated and filed by the victims, their kin and
witnesses on 13 January 2006, before the Office of the Ombudsman,
calling for an investigation and prosecution for criminal and
administrative offenses in connection with the violent dispersal, against
Sto. Tomas, Imson, Francis Reyes (DOLE Sheriff, Intramuros, Manila),
Chief Supt. Quirino de la Torre (PNP-Region III Director), Sr. Supt. Angelo
H. Sunglao (PNP Provincial Director), Maj. Gen. Romeo Dominguez (AFPNOLCOM CO), Cong. Benigno “Noynoy” Aquino, Jr., Jose “Peping”
Cojuangco, among others;
7.
House Resolution No. 395 of the House of Representatives “Directing the
Committee on Civil, Political and Human Rights to conduct an urgent
investigation, in aid of legislation into the violent dispersals and
indiscriminate firing by military forces x x x”; House Resolution No. 394
“Directing the Committee on Labor and Employment to conduct an
urgent inquiry, in aid of legislation, on the propriety and legality of
deputizing police authority in the enforcement of assumption of
jurisdiction order x x x”;
8.
House Resolution No. 404 “Directing the Committee on Labor and
Employment to conduct an urgent inquiry in aid of legislation, on the
propriety of deputizing the Armed Forces x x x”;
9.
Journal of the House of Representatives (HOR), 13th Congress, dated 16
November 2004 which contains the privilege speeches of Representatives
Rafael Mariano and Satur Ocampo on the Hacienda Luisita massacre
and related issues, as well as the interpellation by Cong. Benigno
“Noynoy” Aquino;
10.
HOR Minutes of the joint meeting of the Committees on Human Rights,
Labor and Employment, and Agrarian Reform held on 30 November
2004;
11.
news clippings on the Hacienda Luisita massacre and other human and
workers’ rights violations;
12.
factsheet on the frustrated killing of workers George Loveland and
Ernesto Ramos committed at the picket line on 5 January 2005;
13.
Tarlac PNP spot report on said incident;
14.
affidavits of George Loveland and witness Marilou Ricardo;
15.
PNP initial report on the murder of Tarlac City Councilor Abelardo
Ladera, dated 3 March 2005;
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B.
C.
16.
autopsy report on Councilor Ladera’s body prepared by Dr. Saturnino S.
Ferrer;
17.
affidavit of Emily L. Facunla on the said killing;
18.
news clippings on the killing of Fr. William Tadena
On the summary execution of spouses Expedito and Manuela Albarillo as
testified to by Adeliza Albarillo:
1.
certification issued by the Office of the Barangay Captain of Brgy.
Calsapa, San Teodoro, Oriental Mindoro, stating that the spouses were
killed on 8 April 2002;
2.
necropsy reports issued by the Office of the City Health Officer, City of
Calapan, Oriental Mindoro;
3.
certification that Expedito Albarillo was an incumbent Barangay
Councilor at the time he was murdered, signed by Rafael A. Arellano,
President of the Liga ng mga Barangay, and Sylvia N. Arago, MLGOO.
On the massacre of farmers in Palo, Leyte as testified to by Richard Margallo:
1.
factsheet;
2.
sinumpaang salaysay or sworn statement of Richard Margallo dated 23
November 2005;
3.
sinumpaang salaysay of Joselito Tobe, Artemio Amante, Mardo Baltazar,
Renato Montaño, Mario Cortaga, Arniel Dizon, Bernabe Burra, Sr., Fe
Muriel Dizon-Obejas, Eulogio Pilapil;
4.
photos of victims;
5.
certification by Palo Police Station dated 21 November 2005, that Mardo
Baltazar, Mariel Obeiza, Arniel Dizon, Eulogio Pilapil, Artemio Amante
and Joselito Tobe are detained in their office while Richard Margallo,
Ronilo Orceda, Berlito Barbosa, Ferdinand Montanejos, Mark Monsa,
Bernabe Borra, Sr, Romy Cumpio, Christopher Bargasi, Esmael Regato,
Jr., and a certain Capatoy were confined in hospitals in Tacloban City;
6.
Palo Police Chief, Sr. Inspector Rito A. Pacanan’s letter to the chief
provincial prosecutor dated 21 November 2005, referring the sworn
statements of 2Lt. Luel Adrian, Sgt. Ruel Fernandez, Cpl. Disocoro
Jamora, Bernardo Lantajo and alleged documents and exhibits for filing
of cases against for illegal assembly and association and for inciting to
rebellion against the farmers named in the preceding number.
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D.
Documentary evidence relative to the testimony of Rep. Satur Ocampo:
1.
E.
affidavit of Satur C. Ocampo, dated 15 November 2005, with
attachments.
On the Bicutan siege:
1.
affidavit of Mikhael Abdul Asis, executed on 14 November 2005, with
photos of some victims attached thereto;
2.
sworn statement of Maximiano De Mesa dated 15 November 2005;
3.
memorandum from CHR Commissioner Wilhelm Dabu Soriano to the
Commission, dated 3 June 2005, transmitting to the Commission the
Investigation Report on the Camp Bagong Diwa Incident;
4.
memorandum from CHR-NCR Director Gilbert D. Boiser to CHR
Commissioner-in-Charge for NCR Wilhelm D. Soriano, dated 31 May
2005, submitting to the latter the Final Report on the incident prepared
by the Task Force Bagong Diwa;
5.
memorandum from the CHR Task Force Bagong Diwa to Atty. Gilbert D.
Bosier, dated 30 May 2005, containing the Final Report on Camp Bagong
Diwa Jail Hostage Taking/Esacpe Attempt incident, signed by the
members of the task force, namely, Atty. Maila Serrano, Atty. Dennis
Mosquera, Felix Lumayag, Albert Figueras, Agapito Laurora, Carlos
Sabile, Jr., Aladin Arciaga and Legaspi Soriano, Jr;
6.
memorandum from NCR Criminal Investigation and Detection Unit
(CIDU) to the Criminal and Investigation Detection Group (CIDG) Acting
Director, dated 14 April 2005, signed by P/Sr. Supt. Federico E. Laciste,
Jr., which contains the report of the investigation conducted by the NCRCIDU into the incident;
7.
letter from Acting CIDG Director Ricardo B. Dapat to Justice Secretary
Raul Gonzalez thru Chief State Prosecutor Jovencito Zuño, dated 22
April 2005, requesting for “appropriate action” relative to multiple
murder and multiple frustrated murder cases against Bas Ismael y
Janihim @ Arab/Arabi and other John Does;
8.
Department of Interior and Local Government Fact-Finding Investigation
Report on the Attempted Jailbreak at the Metro Manila District Jail,
Bicutan, Taguig City, dated 20 April 2005, signed by the fact-finding
team headed by Usec. Marius P. Corpus; and,
9.
handwritten sinumpaang salysay or sworn statements of seven witnesses
interviewed by the CHR investigating team and whose names have been
deliberately erased for security reasons.
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F.
Reports of international human rights organizations, United Nations bodies and
international solidarity missions:
1.
Amnesty International (AI) Reports
a.
AI 2003 Report which covered the human rights situation in the
Philippines from January to December 2002 and which observed
that:
High-ranking military officials accused lawful groups critical of the
government of having close links with the NPA. Individuals publicly
portrayed as active NPA sympathizers risked being viewed by the
military as legitimate targets of counter-insurgency operations,
making them highly vulnerable to grave human rights violations.
b.
AI 2004 Report which described the state of human rights in the
country during the period of January to December 2003, thus:
Attempts to revive peace talks with Muslim separatists in Mindanao
made little progress following a military offensive, which sparked
mass displacement of civilians and increased tension related to
alleged Islamist “terrorist” bombings. Arbitrary arrests, torture,
extrajudicial executions and “disappearances” were reported in the
context of operations against suspected Islamist “terrorists”, Muslim
separatists and communist insurgents…
c.
AI 2005 Report which reveals the worsening condition of human
rights in the country from January to December 2004 when it
made the following observations:
Despite an extensive array of institutional and procedural
safeguards, suspected perpetrators of serious human rights
violations were rarely brought to justice. Prolonged and frequently
unfair trial proceedings placed excessive burdens on people seeking
judicial remedies for human rights abuses. Victims from poor or
marginalized communities, when faced with physical threats
combined with “amicable” financial settlements, frequently
abandoned attempts to seek redress.
2.
Asian Center for Human Rights’ consideration of the second periodic
report of the Philippines (CCPR/C/PHL/2002/2) by the United Nations
Human Rights Committee Report titled “Human Rights Record of the
Philippines: Spectacular on Paper” which made the following conclusions
and recommendations:
The Philippines is a classic case of failure at implementation of human
rights standards while according many rights on paper.
x x x
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Asian Centre for Human Rights (ACHR) requests the United Nations
Human Rights Committee to consider, among others, the following
recommendations in its Concluding Observations on the Philippines for
effective implementation of the International Covenant on Civil and Political
Rights (ICCPR):
3.
•
Take effective measures for implementation of the UN Principles on the
Effective Prevention and Investigation of Extrajudicial, Arbitrary and
Summary Executions;
•
Disband Vigilante groups supported by the armed forces;
•
Make necessary amendments in the law to broaden the definition of
torture to include all forms of torture;
•
Ban hamleting of indigenous peoples.
Report prepared by KARAPATAN, entitled “The Current Human Rights
Situation in the Philippines vis-à-vis the Government’s Obligations under
the 1966 International Covenant of Civil and Political Rights (ICCPR)” and
submitted to the 79th Meeting of the United Nations Human Rights
Committee in Geneva, Switzerland on 5 October 2003, which states in
quite strong terms:
[P]erpetrators of all these violations have remained unaccountable to the
crimes they have committed. Their actions have been tacitly recognized,
condoned or tolerated by the government. Some have just been
reassigned, some remained in their positions or worse even promoted to a
higher rank or given “rewards” such as foreign scholarships. Quite a
number have been politically rehabilitated, occupying powerful positions in
the legislative and executive branches of government.
The military commander of the army brigade in Mindoro Oriental who has
been consistently implicated in the deaths of civilians and progressive
leaders has been promoted to general. Despite being by-passed by the
legislative Commission on Appointments, he enjoys the benefits of a
general and has been recently appointed to head a higher military unit.
The former general and Defense Secretary under whose watch violations
of human rights thrived was forced to resign this year after being tagged
as one of the corrupt military officials by the soldiers who staged a mutiny
in July. General Victor Corpus of the Intelligence Services of the AFP
(ISAFP) resigned earlier after being implicated in the bombing of airports
and wharfs in Mindanao. Both were just recently promoted to new
government positions by President Arroyo as the Ambassador-at-large for
Counter-Terrorism and as head of the Armed Forces Civil Relations
Services, respectively.
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These are not new to the ordinary Filipino as the present legal and judicial
system has not worked in their favor and interests and has kept a lot of
criminals and human rights violators scot-free through legal delays, undue
technicalities or threats of reprisals. Cynicism and erosion of confidence in
legal and judicial institutions and processes is prevalent. On the other
hand, many members of progressive organizations and ordinary poor
people are at once put to jail via fabricated charges without the benefit of
their rights. The criminalization of what appears to be clearly political
offenses as in the case of 7 farmers in Cagayan in Northern Luzon
continues.
x x x
In sum, the engenderment and impunity for human rights violations are
borne by a combination of an utter lack of people-oriented political will of
the government to genuinely address, promote and protect the human
rights of the people which are being sacrificed under the invocations of
“development,” “counter-insurgency,” “national security” and “war against
terror.” It is manifest in the recurrence of violations, the non-accountability
of perpetrators, the condonation of atrocities and the ineffective or merely
formal or nominal gestures and legal enactments.
4.
Concluding observations of the United Nations Human Rights Committee
which was based on reports submitted by the Philippines under Article
40 of the Covenant and adopted at its 2153rd and 2154th meetings held
on 30 October 2003, and which observed among others:
The Committee is concerned about the lack of appropriate measures to
investigate crimes allegedly committed by state security forces and agents,
in particular those committed against human rights defenders, journalists
and leaders of indigenous peoples, and the lack of measures taken to
prosecute and punish the perpetrators. Furthermore, the Committee is
concerned at reports of intimidation and threats of retaliation impeding the
right to an effective remedy for persons whose rights and freedoms have
been violated.
5.
Report of the Special Rapporteur on the situation of human rights and
fundamental freedoms of indigenous people submitted by Mr. Rodolfo
Stavenhagen in accordance with the UN Commission on Human Rights,
dated March 5, 2003, which concluded, thus:
The Special Rapporteur is concerned about multiple reports of serious
human rights violations involving indigenous peoples, within the
framework of a process of militarization of indigenous persons. Such
abuses include attacks upon the physical integrity and security of
indigenous persons, dispossession and destruction of property, forced
evacuation and relocation, threats and harassment, disruption of the
cultural and social life of the community, in other words, the violation of
civic, economic, social and cultural rights. This situation has several
aspects. On the one hand, it involves units and military personnel of the
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Philippine Army who have been accused of perpetrating such human rights
abuses, as well as local military irregulars such as CAFGUs and “private”
armies of local political and economic elites with the backing of members of
the army hierarchy. On the other hand, militarization is related to two
concurrent processes: firstly, the powerful interests of mining, logging and
agribusiness enterprises, which acquire control over indigenous lands and
resources even against the wishes of the indigenous communities and
without their free and prior consent as the law establishes. Secondly,
militarization takes place in the framework of the counter-insurgency
tactics of the Philippine Army in the war against rebel groups, particularly
NPA, in which indigenous communities may be caught up as hapless
victims.
6.
Report of the International Solidarity Mission Against US Armed
Intervention in the Philippines, conducted on 24-31 July 2002, which
concluded, among others, that:
a.
US military forces abet massive human rights abuses and terror
committed by the AFP against the Filipino people. Human rights
violations continue unabated in Zamboanga, Basilan and Sulu
during Balikatan exercises.
b.
US-supported military operations in several instances have
displaced and violated the rights of the Moro people and other
Filipinos from the local communities, including women and children,
and have abused the environment.
c.
US military presence and increased militarization in Basilan,
Zamboanga and Sulu do not resolve economic backwardness,
grinding poverty, social dissent and mass unrest. Militarization
only exacerbates the people’s misery.
Liability of the President
As the Commander-in-Chief
of the Armed Force
The weight of testimonial and documentary evidence presented during the
proceedings point to the fact that the political killings and other forms of human rights
violations perpetrated by the military, the police and paramilitary forces and their
agents are carried out on a widespread scale and in a systematic manner.
In the Opinion and Judgment in Prosecutor v. Duco Tadic a.k.a. “Dule,” Case No.
IT-92-1-T, which was tried before the International Tribunal for the Prosecution of
Persons Responsible for Serious Violations of International Humanitarian Law
Committed in the Territory of Former Yugoslavia Since 1991 and decided on 7 May
1997, widespreadness was defined as referring to the number of victims. That is, the
violations are directed against a multiplicity of victims. On the other hand, the
systematic nature of the acts committed was explained as an evident pattern or
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methodical plan, pursuant to and in the implementation of a policy, which results in
repeated or continuous commission of inhumane acts.
These definitions easily find analogous application in the case of the human
rights situation in the Philippines. The escalating number of victims of human rights
violations from the time of President Arroyo’s assumption to the presidency based on
documentations by KARAPATAN and other human rights monitors and organizations
both national and international speaks for itself. Also, as testified to by expert
witness Ms. Enriquez, the victims are commonly political dissenters and belong to
progressive or militant organizations which are being attacked on political grounds.
And as can be deduced from the testimonies of Rene Galang, Adeliza Albarillo, Cristina
Abalos and Richard Margallo, the violations are consciously perpetrated, done with
impunity and are tantamount to being government policy.
Although the human rights violations are carried out by elements of the military
and the police and their agents, President Gloria Macapagal-Arroyo bears full
responsibility for all these atrocities as commander-in-chief of the Armed Forces of the
Philippines. She cannot and must not be allowed to escape liability by the simple
defense of lack of participation in whatever degree in the commission of these crimes.
Under Article VII Section 18 of the 1987 Constitution, the President shall be the
Commander-in-Chief of all the armed forces of the Philippines x x x. According to
Black’s Law Dictionary (fifth edition, 1985), a commander in chief is “one who holds
supreme or highest command of armed forces x x x. The term implies supreme
control of military operations not only with respect to strategy and tactics, but also in
reference to the political and international aspects of the war.”
President Arroyo, as the commander-in-chief of the armed forces is, therefore,
responsible for the large-scale and flagrant violations of democratic and human rights
of the people committed by the armed forces, including the police, paramilitary groups
and other agents of the state. Her liability stems from the command responsibility she
is duty bound to exercise over the armed forces through the Secretary of National
Defense. Although command responsibility is nowhere expressly provided in our
penal laws nor has it been significantly applied in our jurisprudence, nevertheless the
following provisions in our constitution, especially the first clause of Article VII Section
18, Article VII Section 17 and Article XI Sections 1 and 2, impliedly recognize this
principle.
Article VII Section 18. The President shall be the Commander-inChief of all armed forces of the Philippines x x x.
Article VII Section 17. The President shall have control of all the
executive departments, bureaus and offices. He shall ensure that the
laws shall be faithfully executed.
Article XI Section 1. Public office is a public trust. Public officers
and employees must at all times be accountable to the people, serve
them with utmost responsibility, integrity, loyalty, and efficiency, act
with patriotism and justice, and lead modest lives.
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Article XI Section 2. The President x x x may be removed from
office, on impeachment for, and conviction of, culpable violation of the
Constitution, treason, bribery, graft and corruption, other high crimes, or
betrayal of public trust. x x x
Adamin A. Tallow, in his book, Command Responsibility: Its Legal Aspect
(Manila, 1965), defines command responsibility in this manner: the commander alone
is responsible for all that his unit does or fails to do, and he cannot shift this
responsibility to any other individual.85
The principle of command responsibility was prominently discussed and
applied in the case of U.S.A. v. Tomoyuki Yamashita (4 February 1946). The case
involved a fallen Japanese military commander who was charged before an American
military commission with an alleged war crime. Yamashita was convicted on
command responsibility. In the language of Mr. Chief Justice Stone the majority of
the Court ruled:
“But it is urged that the charge does not allege that the petitioner
has either committed or directed the commission of such acts, and
consequently that no violation is charged against him. But this
overlooks the fact that the gist of the charge is the unlawful breach of
duty by petitioner as an army commander to control the operations of
the members of his command by ‘permitting them to commit’ the
extensive and widespread atrocities specified. The question is whether
the law of war imposes on an army commander a duty to take such
appropriate measures as are within his power to control the troops under
his command for the prevention of the specified acts which are violations
of the law of war and which are likely to attend the occupation of hostile
territory by an uncontrolled soldiery, and whether he may be charged
with personal responsibility for his failure to take such measures when
violations result.”
The Court further held:
“It is evident that the conduct of military operations by troops
whose excesses are unrestrained by the orders or efforts of their
commander would almost certainly result in the violations which it is the
purpose of the law of war to prevent. Its purpose to protect civilian
populations and prisoners of war from brutality would largely be defeated
if the commander of an invading army could with impunity neglect to
take reasonable measures for their protection. Hence the law of war
presupposes that its violation is to be avoided through the control of the
operations of war by commanders who are to some extent responsible for
their subordinates.”
“x x x these provisions plainly imposed on petitioner, who at the
time specified was military governor of the Philippines, as well as
commander of the Japanese forces, an affirmative duty to take such
85
Citing the Command and General Staff School, Principles of Staff Organization (Ft. Wm. McKinley, Rizal,
1957), p.1.
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measures as were within his power and appropriate in the circumstances
to protect prisoners of war and civilian population. X x x This was
enough to require the commission to hear evidence tending to establish
the culpable failure of petitioner to perform the duty imposed on him by
the law of war and to pass upon its sufficiency to establish guilt.”
(Underscoring is ours)
Similarly, Pres. Arroyo’s acts or omissions on the issue of human rights in the
country constitute a breach of her command responsibility for which she is liable for
culpable violation of the Constitution. The testimonies presented during the
proceedings bear out her complicity. She knew or had reason to know of the massive
and intensifying attacks against the lives and fundamental rights of the Filipino
people. Yet, she has never spoken about, much less complied with her affirmative
duty to protect her own people, stop the political killings and other forms of human
rights violations committed by her armed forces and punish the offenders. On the
contrary, she has either encouraged, tolerated or abetted these widespread and
systematic atrocities by awarding with promotions or medals of valor those officers
who have notoriously and knowingly perpetrated with impunity and continue to
perpetrate inhumane acts against the innocent civilians who are critical of the
prevailing social system and her governance.
An eloquent member of our High Court once aptly said:
“The facts of this case are fatefully distressing as they showcase
the seeming immensity of government power which when unchecked
becomes tyrannical and oppressive. Hence, the Constitution,
particularly the Bill of Rights, defines the limits beyond which lie
unsanctioned state actions. But on occasion, for one reason or another,
the State transcends this parameter. In consequence, individual liberty
unnecessarily suffers. The case before us, if uncurbed, can be
illustrative of a dismal trend. Needless injury of the sort inflicted by
government agents is not reflective of responsible government. x x x
The sovereign power has the inherent right to protect itself and its
people from vicious acts which endanger the proper administration of
justice; hence, the State has every right to prosecute and punish
violators of the law. This is essential for its self-preservation, nay, its
very existence. But this does not confer a license for pointless assaults
on its citizens. The right of the State to prosecute is not a carte blanche
for government agents to defy and disregard the rights of its citizens
under the Constitution. Confinement, regardless of duration, is too high
a price to pay for reckless and impulsive prosecution.” (Senior Associate
Justice Josue Bellosillo in Allado vs. Diokno, 232 SCRA 192)
Finally, it is well to remind us of the dictum of the late Justice Robert Jackson
who was Chief Counsel for the United States in the prosecution of war criminals at the
Nuremberg Trial: “We must never forget that the record on which we judge these
defendants today is the record on which history will judge us tomorrow. To pass these
defendants a poisoned chalice is to put it to our own lips as well.”
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Recommendations
It is respectfully recommended that the Citizens’ Congress for Truth and
Accountability, after having established by testimonial, documentary and object
evidence the existence of a widespread and systematic human rights violations
perpetrated by the Arroyo regime, its armed forces and state agents, do the following:
1.
To file complaints for violations of civil and political rights of victims and for the
award of damages and indemnification to the same against Pres. Gloria
Macapagal-Arroyo, the Secretary of the Department of National Defense, the
Chief of Staff of the Armed Forces of the Philippines, Major General Jovito
Palparan and their agents, before the Philippine Human Rights Commission,
international bodies such as United Nations Human Rights Committee, any
foreign country where they may be reached and served the processes of the
Court pursuant to the doctrine of universal jurisdiction;
2.
To issue a brief and strongly-worded statement containing the highlights of the
report on political killings and other forms of human rights violations, and
disseminate, publish and circulate such statement to all sectors of Philippine
society, particularly the youth and students, organized labor and peasants,
religious denominations, groups and organizations, schools at all levels, causeoriented and advocacy groups, business organizations, professionals and
members of the academe, foreign embassies and international organizations
with headquarters and offices in the Philippines;
3.
To issue a statement urging the international community to condemn the
abhorrent human rights record of the Arroyo regime; demand that human
rights violations be stopped and perpetrators be brought to justice; and in the
light of the impunity enjoyed by said perpetrators who are widely perceived to
be state agents, a campaign be launched calling for the withdrawal of any and
all forms of aid and recognition from the Arroyo government until the latter
takes decisive action;
4.
To issue a statement urging Pres. Gloria Macapagal-Arroyo to vacate the office
of the presidency and urge the successor government to prosecute and punish
all human rights violators and to indemnify and compensate the victims of
human rights violations.
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