FINAL REPORT - Philippine Center for Investigative Journalism
FINAL REPORT - Philippine Center for Investigative Journalism
FINAL REPORT - Philippine Center for Investigative Journalism
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<strong>FINAL</strong> <strong>REPORT</strong><br />
Findings and Recommendations of the<br />
Citizens’ Congress <strong>for</strong> Truth and<br />
Accountability<br />
May 10, 2006
TABLE OF CONTENTS<br />
Findings on Electoral Fraud and<br />
Graft and Corruption<br />
ON THE CHARGE OF ELECTORAL FRAUD 8<br />
PAGE<br />
I. Cheating 8<br />
A. The Key Role of Garcillano 8<br />
Pre-meditated plan to cheat through Garcillano<br />
(the Comelec official who, on record, had been<br />
helping GMA and the Lakas party since 1992)<br />
Appointment of Garcillano <strong>for</strong> GMA’s<br />
“consultation project” (re possible allies and<br />
the opposition) since 2002 using government funds<br />
Bayam's disclaimer of Zuce document<br />
B. Implementation of Electoral fraud – the Garci Tapes 15<br />
a. Reason why no wiretapping charges 16<br />
were ever filed against Ong<br />
b. Garci Tapes – authentication of existence/ 16<br />
origin by witnesses<br />
Samuel Ong<br />
Ong's August 10, 2005 affidavit, submitted to<br />
the Senate, on his June 10, 2005 exposé of the<br />
Garci Tapes, his videotape of T/Sgt. Doble's<br />
admission as source of the Garci Tapes, and<br />
the San Carlos Seminary as safe haven <strong>for</strong><br />
him, Doble, Santiago and Santos, <strong>for</strong> fear<br />
of their lives following his exposé<br />
Marieta Santos<br />
i. Santos’ December 8, 2005 Senate testimony<br />
affirming, among others, Samuel Ong’s story<br />
that Garci Tapes came from ISAFP wiretappers<br />
2
(including her <strong>for</strong>mer boyfriend T/Sgt. Doble)<br />
ii. Santos’ January 19, 2006 Senate testimony<br />
positively identifying voices of ISAFP personnel<br />
in the Garci Tape<br />
iii. Santos’ January 19, 2006 Senate testimony<br />
positively identifying ISAFP personnel in the<br />
Garci Tape thru photographs<br />
iv. Santos' July 23, 2005 affidavit, submitted to<br />
the Senate, confirming Doble as the source of the<br />
Garci Tapes, his videotaped admission thereof at<br />
the Imperial Hotel, her having sought sanctuary<br />
at the San Carlos Seminary with Doble, Ong,<br />
and Santiago <strong>for</strong> fear of their lives following<br />
Ong's expose, and Doble's report that the ISAFP<br />
had picked up his family from North Cotabato<br />
Bishop Teodoro Bacani<br />
Affidavit of Bishop Bacani dated August 15, 2005,<br />
submitted to the Senate, attesting that T/Sgt. Doble,<br />
Santiago, Santos and Ong had voluntarily sought<br />
sanctuary at the San Carlos Seminary due to Ong's<br />
June 10, 2005 expose about the Garci Tapes, belying<br />
the PNP charge that Ong had kidnapped Doble<br />
Marieta Santos<br />
i. Santos' December 8, 2005 Senate testimony<br />
confirming that she, T/Sgt. Doble, Santiago and<br />
Ong had voluntarily sought sanctuary at the<br />
San Carlos Seminary following Ong's expose<br />
of the Garci Tapes, belying the PNP charge<br />
that Ong had kidnapped Doble<br />
ii.<br />
Santos' December 8, 2005 Senate testimony<br />
attesting to the veracity of Doble's admission<br />
as source of the Garci Tapes, and explaining<br />
that the reason <strong>for</strong> Doble's recantation was the<br />
ISAFP's possession of his family<br />
Michaelangelo Zuce<br />
Zuce’s August 3, 2005 testimony be<strong>for</strong>e<br />
the Senate authenticating, among others,<br />
the Garci Tapes and attesting to Garcillano’s<br />
key role and activities in 2004 electoral fraud<br />
in favor of GMA, in connivance with the Pinedas<br />
3
Rey Sumalipao<br />
Sumalipao’s authentication of the Garci Tapes,<br />
as noted by Sen. Lacson at Senate hearing<br />
c. The Garci Tapes – contextual authentication 50<br />
i. Garci Tapes reference to Gudani<br />
ii. Marine Brig. Gen. Francisco Gudani’s<br />
Sept. 28, 2005 testimony be<strong>for</strong>e the Senate,<br />
affirming details of Garci Tapes portion<br />
referring to Gudani<br />
iii. Marine Brig. Gen. Francisco Gudani’s<br />
Nov. 17, 2005 testimony be<strong>for</strong>e the Senate<br />
re Garci Tapes reference to Pirino<br />
iv. Marine Col. Alexander Balutan’s<br />
Sept. 29, 2005 testimony be<strong>for</strong>e<br />
the Senate affirming Gudani’s story<br />
v. Garci Tapes reference to possible exposure<br />
of election anomalies by Tipo-Tipo, Basilan<br />
election supervisor Rashma Hali, and to Garcillano’s<br />
suggestion of “soft touch” instead of kidnapping,<br />
as suggested by other party on the line<br />
vi. Rashma Hali confirms to media her harassment<br />
as mentioned in Garci Tapes<br />
d. The Garci Tapes – of such nature and detail<br />
that their having been fabricated is an impossibility 67<br />
-- Jaime Sarthou’s testimony be<strong>for</strong>e the CCTA<br />
e. The Garci Tapes – authenticated by admission 69<br />
C. Implementation of Electoral Fraud – the Eyewitnesses 70<br />
Zuce<br />
a. Zuce’s Affidavit dated August 1, 2005, submitted<br />
to the Senate, wherein, among others, he attests to<br />
details of electoral fraud bribery and techniques<br />
b. Zuce’s August 3, 2005 Senate testimony re, among<br />
others, “special operations” or dagdag-bawas,<br />
P1 million from Malacaňang, reference to him as<br />
4
“Louie” in Garci Tapes, commitment of Comelec<br />
officials to support GMA, meaning of “he can deliver”<br />
c. Zuce’s August 10, 2005 Senate testimony, affirming<br />
the change in trending in favor of President Arroyo<br />
d. Zuce’s January 19, 2005 Senate testimony, affirming<br />
his presence during conversations between Garcillano<br />
and President Arroyo<br />
Mendoza<br />
a. Mendoza’s August 6, 2005 affidavit submitted to<br />
the Senate, corroborating Zuce's testimony re manipulation<br />
of election results, attesting to the admission of Garcillano<br />
that Bong Pineda has provided P300 million to ensure the<br />
election of President Arroyo, as well as witnessed the<br />
bribery of Comelec officials by election officers and<br />
by Zuce in behalf of Garcillano to benefit President Arroyo<br />
b. Mendoza’s August 10, 2005 Senate testimony, re<br />
Garcillano's statements to his wife that President Arroyo<br />
should win or he will lose his job; identifying the Malacaňang<br />
officials with Zuce at the Diamond Hotel; affirming that Zuce<br />
gave cash to Comelec Director Sumalipao; that Garcillano's staff<br />
Ivan helped manipulate election results; and affirmed that there<br />
was really cheating during the 2004 elections<br />
Balutan<br />
Dalidig<br />
Balutan’s September 28, 2005 Senate testimony,<br />
that when his Marine commander Brig. Gen. Francisco<br />
Gudani was relieved from duty and instructed to go<br />
to Manila, play golf or go to Boracay at the height of<br />
the counting of votes in Lanao del Sur, he (Balutan)<br />
was pressured by Army Col. Pirino to “slacken” strict<br />
election security measures, obviously to allow cheating<br />
a. Dalidig's October 5, 2005 affidavit, submitted<br />
to the CCTA, attesting to and setting <strong>for</strong>th, through<br />
his comparative tally, the massive falsification of<br />
certificates of canvass in Lanao del Sur in favor of<br />
President Arroyo, turning upside down the results<br />
in electoral returns in favor of Fernando Poe, Jr.,<br />
ignored by Namfrel national officers despite his reports<br />
b. Dalidig's November 9, 2005 testimony be<strong>for</strong>e<br />
the CCTA, affirming and further detailing the<br />
5
contents of his October 5, 2005 affidavit<br />
D. Implementation of Electoral Fraud – the Experts 105<br />
a. Tabayoyong's testimony be<strong>for</strong>e the CCTA<br />
on November 9, 2005<br />
b. Tabayoyong’s November 9, 2005 affidavit<br />
c. Summary of Tabayoyong's PowerPoint<br />
Presentation<br />
d. Excerpt from the House Minority Report<br />
II. The Continued and Continuing Deception and Cover-Up 112<br />
Timeline 113<br />
III. The Electioneering 140<br />
A. The use of OWWA funds <strong>for</strong> PhilHealth cards to favor<br />
President Arroyo’s campaign during the 2004 Elections 140<br />
B. The use of Ginintuang Masaganang Ani funds fertilizer<br />
funds <strong>for</strong> electioneering purposes in favor of<br />
President Arroyo in the 2004 elections 148<br />
C. Testimony of Corazon Soliman be<strong>for</strong>e the CCTA<br />
on November 16, 2005 162<br />
ON THE CHARGE OF GRAFT AND CORRUPTION 164<br />
1. The Ginintuang Masaganang Ani<br />
fertilizer and farmers funds plunder 164<br />
2. The Aborted, Anomalous<br />
North Rail Project 164<br />
3. The Contract with Venable Llp. 167<br />
CONCLUSION 171<br />
Massive electoral fraud, through cheating,<br />
was committed through falsification of electoral<br />
returns and certificates of canvass, made<br />
6
directly possible through President Arroyo’s<br />
use of Comelec, Cabinet members, executive<br />
officials, and the military 171<br />
Following discovery of massive electoral<br />
fraud in the wake of the Garci Tapes,<br />
President Arroyo has caused the implementation<br />
of a grand cover-up, even at the cost of the<br />
people’s liberties, that continues to this day 172<br />
Charter Change as the ultimate cover-up to<br />
permanently avoid accountability to the people,<br />
including in respect of graft and corruption<br />
and egregious violation of human rights 177<br />
RECOMMENDATION 180<br />
Findings on the Issue of Political Killings<br />
and Other Human Rights Violations<br />
National Human Rights Situation 182<br />
Workers’ Repression 184<br />
Mindoro Human Righs Abuses 187<br />
Involuntary Disappearance 188<br />
Repression of Peasants 189<br />
Bicutan Siege 190<br />
Direct Responsibility and Accountability of Commander-in-Chief 191<br />
Documentary Evidence 192<br />
Liability of the President as Commander-in-Chief of the Armed Forces 199<br />
Recommendations 203<br />
7
FINDINGS ON ELECTORAL FRAUD and<br />
GRAFT AND CORRUPTION<br />
ON THE CHARGE OF ELECTORAL FRAUD<br />
I. The Cheating<br />
We find that the occurrence, chronology and convergence of significant events,<br />
emerging from the wealth of data and material made available to the Filipino public<br />
and the CCTA, clearly show a pattern of pre-meditated, and successful, electoral fraud<br />
in the 2004 presidential elections in favor of President Gloria Macapagal-Arroyo, and<br />
subsequent thereto, a tenacious continuum of acts combining all possible survival<br />
methods and devices – from misleading and untruthful propaganda maneuvers, to<br />
legalistic subterfuge and, later, even unconstitutional steps – to cover up the fraud<br />
and permanently escape accountability to the nation.<br />
A. The key role of Garcillano<br />
As early as October 11, 2002, Assistant Secretary Ahmad M. Bayam had<br />
indorsed (then Comelec Regional Director) Garcillano to President Arroyo <strong>for</strong> the<br />
latter’s record of devotion to excellent partisan service in her favor, writing his superior<br />
Jose Ma. A. Rufino, Presidential Liaison Officer (or Presidential Adviser) <strong>for</strong> Political<br />
Affairs thus:<br />
“Since the 1992 elections, Director Garcillano has been extensively<br />
serving and protecting the interest of Lakas-NUCD-UMDP,<br />
particularly in Mindanao and delivered almost every electoral<br />
pleasure of the administration.<br />
Accordingly, he has received verbal commendations that include<br />
his possible appointment as COMELEC Commissioner should any<br />
vacancy arise. He had expected such a rewarding position considering<br />
that getting appointed thereto is a Presidential prerogative. However,<br />
with the newly appointed Commissioners already confirmed, Director<br />
Garcillano will have to wait further until his retirement on December 31,<br />
2002.<br />
In view of our need to continue enlisting Director Garcillano’s<br />
expertise and services on election matters, especially with the 2004<br />
elections, it would be beneficial if we could assist in appointing him to<br />
another position of prominence, such as Member of the Board of<br />
Directors in the Public Estate Authority (PEA) or any government agency<br />
in order to sustain his resources and authority.<br />
8
For the Secretary’s consideration and/or further instruction, please.” 1<br />
(Annex A-1, Affidavit of Michaelangelo Zuce dated August 1, 2005;<br />
emphasis supplied)<br />
This advice-request was favorably indorsed by Presidential Adviser Rufino on<br />
October 14, 2002 <strong>for</strong> action by President Arroyo, with copy furnished then Executive<br />
Secretary (now Secretary of Foreign Affairs) Alberto Romulo and then Chief<br />
Presidential Legal Counsel (now Secretary of National Defense) Avelino Cruz, Jr.<br />
(Annex A, Affidavit of Michaelangelo Zuce dated August 1, 2005)<br />
But even be<strong>for</strong>e the above advice-request was acted on, Presidential Adviser<br />
Rufino had already submitted a memorandum to President Arroyo, dated October 10,<br />
2002, explicitly requesting public funds (from the Office of the President) <strong>for</strong><br />
implementation of activities in furtherance and promotion of her 2004 election project<br />
plan and machinery, as she had instructed. The memorandum reads:<br />
“As per instructions of Her Excellency during her visit in Iligan City<br />
last September 26, 2002 and the need to precisely approximate the<br />
electoral pulse and secure a workable game-plan <strong>for</strong> the 2004 elections,<br />
our office shall undertake the a<strong>for</strong>ementioned consultation.<br />
Enclosed is the estimated budgetary requirement and upon release<br />
thereafter, the activity will commence immediately.<br />
For Her Excellency’s consideration and/or further instructions,<br />
please.” (Annex B, Affidavit of Michaelangelo Zuce dated August 1, 2005;<br />
emphasis supplied)<br />
Apparently, the Arroyo 2004 election plan and machinery had even then already<br />
started grinding because Garcillano was then appointed head of the special<br />
consultation project (funded through the office of Presidential Adviser Rufino) – titled<br />
“Nationwide Consultation of Election Officers Under The Stewardship Of Atty.<br />
Garcillano” – under which project Garcillano had begun recruiting regional directors<br />
and election supervisors of the Comelec in critical provinces of Mindanao to support<br />
the 2004 election of President Arroyo, as well as investigating possible allies and the<br />
opposition.<br />
This was revealed to the House of Representatives under oath by Michaelangelo<br />
Zuce –acknowledged nephew-in-law of Garcillano himself and staff member of<br />
Presidential Adviser Jose Ma. A. Rufino – in the statement dated August 1, 2005 that<br />
he submitted to the House of Representatives Impeachment Team, to which he had<br />
attached copy of Bayam and Rufino’s memorandum and Garcillano’s reports to<br />
President Arroyo.<br />
1<br />
At the top right-hand corner of this memorandum of Assistant Secretary Bayam is the hand-written note of<br />
Presidential Adviser Rufino which states: “Noted. Prepare letter to ES. CPLA” [Note: “ES” is standard<br />
abbreviation in Malacañang <strong>for</strong> “Executive Secretary.”]<br />
9
The self-explanatory January 8, 2003 report of Garcillano to President Arroyo<br />
hardly disguises the illicit nature of this Comelec official’s activities in the<br />
implementation of the publicly funded “consultation project.” Quoted below are some<br />
excerpts, incriminatory on their face –<br />
“The undersigned respectfully submits his report on the initial<br />
consultation he had with the above-mentioned officials of the Commission<br />
on Elections in Mindanao. The survey or consultation was undertaken <strong>for</strong><br />
the purpose of getting the pulse of the electorate at this early. With the<br />
abundant challenges or pressures from the opposition, we can not af<strong>for</strong>d<br />
to be complacent set idly and do nothing. We do not have the luxury of<br />
time and time to move is now.<br />
The undersigned was scrupulously careful planning the meetings with our<br />
field workers least he awakens the suspicion of political leaders and even<br />
his superior officers that he is pressuring the field personnel <strong>for</strong> the<br />
future political exercise. Initial planning was done at the Regional<br />
Directors Office in Cagayan de Oro City with the Regional Attorney, the<br />
Provincial Election Supervisor of Misamis Oriental and selected staffs<br />
participating.<br />
xxx xxx xxx<br />
On November 27, 2002, the discussion with the newest province in<br />
Mindanao, Zamboanga Sibugay. Atty. Jay Balisado made a significant<br />
revelation that the present governor – Governor Hoffer is losing his hold<br />
over his constituents, much less his political leaders. It is (the) Vice<br />
Governor who now calls the shot. His observation is concurred by<br />
Acting Assistant Regional Election Director of Region 9.<br />
This is, however, not a cause <strong>for</strong> us to worry or should not disturb us. The<br />
oppositions in the province are far behind. We just employ a carefully<br />
crafted strategy to rally the support of the electorate. Of course, we have to<br />
work hard to get the full and unqualified support of C-personnel in the<br />
field. Let us make them feel that when they look back they have that debt<br />
of gratitude and residual loyalties to us.<br />
xxx xxx xxx<br />
Maguindanao where threat of death is literally a flick of a finger away<br />
is still a toss up between the Governor Ampatuan and Zacaria Candao.<br />
If Secretary Datumanong will throw his hat again, Matalam will be<br />
another problem. We already have Congressman Dilangalen who had<br />
been showing tempestuous attitude in congress defending the<br />
deposed president. President GMA, however, can tilt the balance<br />
towards the LAKAS-NUCD.<br />
The consultation in General Santos City was supposed to be attended by<br />
the regional Director of Regions 11 and 12. (Comelec) Director Lirio<br />
Joquino was out of the country, while Director Clarita Callar of Region<br />
XII is still under observation.<br />
10
NORTH COTABATO<br />
Governor Emmanuel Piñol can be wooed to favor the administration.<br />
… Once with LAKAS, he will be an asset. Having been a media man, he<br />
can contribute significantly to the administration in projecting its image.<br />
TAWI-TAWI<br />
We can still count on the leadership of <strong>for</strong>mer Congressman Jaafar. His<br />
daughter Soraya can compliment his ef<strong>for</strong>ts to wage a tight against<br />
Governor Matba. An added factor is the fact that the <strong>for</strong>mer<br />
Congressman contributed tremendous (sic) to the cause of LAKAS<br />
during the last ARMM election<br />
AGUSAN DEL NORTE<br />
The fight here is even. But with PGMA at the helm of the<br />
government, that fact will spell the difference.<br />
SURIGAO DEL SUR<br />
Atty. Cirilo Nala, Jr. is the new Provincial Election Supervisor of the<br />
Province who used to be Regional Attorney <strong>for</strong> Region 10. He has a<br />
confident touch of the intricacies of the operation. Davao del Norte,<br />
Compostela Valley and South Cotabato were not represented. We will<br />
try to pick up workers who are cautious and know their business. In<br />
other words, we will select the most skilled tightrope walkers who<br />
would not throw our cause down the drain.” (emphasis supplied)<br />
So far, only a portion of Zuce's declaration and documentary evidence has been<br />
contested. We refer, specifically, to the prepared statement issued by Ahmad Bayam<br />
at a press conference to which he was reportedly escorted by police, led by PNP CIDG<br />
chief Senior Supt. Asher Dolina 2 , at the Richmonde Hotel, Pasig City on August 6,<br />
2005.<br />
We quote from the news report of the <strong>Philippine</strong> Daily Inquirer:<br />
“Escorted by a phalanx of police officers, <strong>for</strong>mer Malacañang executive<br />
Datu Ahmad Bayam yesterday tried to shoot down the testimony of<br />
presidential whistle-blower Michaelangelo Zuce.<br />
xxx xxxx xxxx<br />
2<br />
"Bayam was escorted to the press conference by plainclothes policemen led by Senior Supt. Asher Dolina, chief of<br />
the <strong>Philippine</strong> National Police Criminal Investigation and Detection Group <strong>for</strong> the National Capital Region. Although<br />
he arrived at the Richmonde Hotel in Pasig City with them, Bayam acted as if he did not know the police officers. 'I<br />
don't know these people. I don't know why they're here,' he said, referring to the officers, who stood about a meter<br />
away from him in the room where he was talking with reporters." ("Zuce draws new fire … Ex-Palace aide denies<br />
memo on delivering 'electoral pleasure'," Donna Pazzibugan and Norman Bordadera, PDI, August 7, 2005, p. A1)<br />
11
‘Michaelangelo Zuce alleged that I issued a memorandum to<br />
Secretary Jose Rufino endorsing the appointment of Atty. Virgilio<br />
Garcillano. I categorically deny that I ever wrote any such<br />
memorandum,’ Bayam read from a prepared statement.<br />
Bayam said the signature in the memorandum was not his, and<br />
showed reporters his signature on his passport.<br />
The signature appeared to be the same.<br />
Bayam said he knew Zuce since their desks were adjacent to each other<br />
when they were working at the office of Rufino. But he denied he knew<br />
Garcillano.<br />
‘I do not know him from Adam,’ Bayam said.<br />
He also made a sweeping denial of the contents of Zuce’s potentially<br />
damaging affidavit. (Zuce draws new fire … Ex-Palace aide denies memo<br />
on delivering ‘electoral pleasure’," Dona Pazzibugan and Norman<br />
Bordadora,<br />
<strong>Philippine</strong> Daily Inquirer, August 7, 2005, pp. A1 & A6; emphasis<br />
supplied)<br />
However, a subsequent news report quoted the vice-chairman of the Muslim<br />
organization that he heads as saying that he (Bayam) might have been merely<br />
pressured to make the said statements because of threats upon his family. We<br />
reproduce the pertinent story:<br />
“His family may have been threatened.<br />
This could be the reason <strong>for</strong>mer Malacañang aide Ahmad Bayam turned<br />
around and belied the allegations made by witness Michaelangelo Zuce<br />
against President Macapagal-Arroyo.<br />
Bayam is the current chair of the <strong>Philippine</strong> Muslim Solidarity<br />
Council, which had earlier joined calls <strong>for</strong> Ms. Arroyo’s resignation.<br />
‘We think he was <strong>for</strong>ced to testify against Zuce. We heard his family<br />
has been receiving threats,’ PMSC vice chair Ali Montaha Babao said<br />
yesterday.<br />
xxx xxx xxx<br />
The problem <strong>for</strong> the PMSC is Bayam himself was talking about bringing<br />
down the administration just last month.<br />
‘Zuce exposed anomalies that could finally lead to the ouster of (Ms.<br />
Arroyo). And here is our chairman saying Zuce is not a credible<br />
man,’ Babao had said in an earlier interview.<br />
12
xxx xxx xxx<br />
In the group’s press conference last month, Bayam himself<br />
announced they were aligning themselves with the group of retired<br />
Gen. Fortunato Abat in pushing <strong>for</strong> a revolutionary transitional<br />
council to take over from President Arroyo.” ("Family Threatened?<br />
Palace exec under duress, says colleague," Edson C. Tandoc Jr.,<br />
<strong>Philippine</strong> Daily Inquirer, August 10, 2005, p. A2; emphasis supplied)<br />
Even granting the benefit of the doubt to Bayam's above disclaimer, we note<br />
that Garcillano has not denied the documents attributed to him by Zuce, despite the<br />
incriminating nature of the admissions in his reports, including the sycophantic tenor<br />
of his letter-application to President Arroyo as Comelec Commissioner. If Zuce were to<br />
be believed, the annexes to his affidavit – the <strong>for</strong>egoing-quoted memorandums of<br />
Bayam and Rufino and the reports of Garcillano to President Arroyo – regarding<br />
activities in violation of the Constitution, elections laws and criminal laws, would all<br />
comprise official documents. As such, these materials would be presumed as<br />
authentic, and their contents would be presumed as well to be true and accurate<br />
reports, until and unless Zuce's credibility is persuasively destroyed. We note,<br />
however, that Zuce has not been sued <strong>for</strong> libel, falsification of public documents, false<br />
testimony, or perjury. 3<br />
On November 11, 2003, about nine months after submitting his above-quoted<br />
report, Garcillano wrote President Arroyo to offer his services anew <strong>for</strong> the 2004<br />
elections – proudly waving pointblank his record as a servile, partisan Comelec official<br />
in her favor in the 2001 elections – in exchange <strong>for</strong> his appointment as Commissioner<br />
of the Comission on Elections. His letter reads:<br />
“I am ATTY. VIRGILIO O. GARCILLANO, the <strong>for</strong>mer Regional<br />
Election Director of Region 10, based in Cagayan de Oro City. I was<br />
one of those whom the First Gentleman approached when Your<br />
Excellency ran <strong>for</strong> Senator. I also had the pleasure of serving your<br />
party when your Excellency requested me to monitor and/or protect<br />
3 On the contrary, Rep. Clavel Asas-Martinez (a majority representative and GMA supporter) confirmed in her<br />
privilege speech on September 5, 2005 that she can no longer in conscience hide the truth that there was indeed<br />
electoral cheating in Cebu during the 2004 elections and that what Zuce testified to in the Senate is true. We quote<br />
from the House journal:<br />
“… Rep. Martinez disclosed … that in the last elections, after all the problems they had<br />
encountered in the provincial election in Cebu, she had a conversation with Secretary Joey Rufino.<br />
xxx xxx xxx<br />
Rep. Martinez manifested that she was prevailed upon and advised not to divulge<br />
her conversation with Secretary Rufino but she felt that the sin of omission would be hard<br />
to countenance … She stressed that she had to tell the truth and in<strong>for</strong>m the Filipino people<br />
that the witness named Susie was in fact telling the truth.<br />
xxx xxx xxx<br />
Even as she does not know whether or not the Members could still countenance the<br />
<strong>for</strong>egoing, Rep. Martinez expressed belief that they now understand why she is on the side of the<br />
Opposition and is voting <strong>for</strong> the impeachment of the President.” (House of Representatives Journal<br />
No. 14, September 5, 2005; emphasis supplied)<br />
13
the votes of the LAKAS/NUCD senatorial Candidates in Mindanao<br />
during the 2001 Election. After that election, Your Excellency<br />
generously shared your time and honored us with a dinner in the palace.<br />
It was then that Your Excellency mentioned <strong>for</strong> the first time your<br />
honor’s intention to make me one of the Commissioners.” (emphasis<br />
supplied)<br />
On this letter of Garcillano appears the hand-written marginal note of<br />
Presidential Adviser Rufino to President Arroyo that reads:<br />
“H.E. PGMA He will be a great asset <strong>for</strong> you. He has proven track<br />
record & can deliver! Part (of) The Antidote Group. TY, (signature)”<br />
(emphasis supplied)<br />
Less than two months after, on December 30, 2002, President Arroyo<br />
announced to the nation that she is not running <strong>for</strong> President in the elections of 2004.<br />
Ten months later, on October 1, 2003, President Arroyo announced that she is<br />
running <strong>for</strong> President in the elections of 2004.<br />
A little over four months thereafter, on February 11, 2004 – amid strong,<br />
publicized protestations from high government officials and media due to his unsavory<br />
reputation as an elections “operator” – President Arroyo issued an ad interim<br />
appointment to Garcillano as Comelec Commissioner, just months be<strong>for</strong>e the 2004<br />
elections. 4<br />
The <strong>for</strong>egoing materials render undeniable the fact that at the time Garcillano<br />
was given an ad interim appointment as Comelec Commissioner in February of 2004,<br />
just months be<strong>for</strong>e the May 10, 2004 elections, President Arroyo not only officially<br />
knew that Garcillano was, <strong>for</strong> more than a decade already, a corrupt partisan serving<br />
the interests of the Lakas-NUCD-UMDP to which her political party KAMPI belonged,<br />
but as a matter of fact was and had been in active connivance with Garcillano since at<br />
least 2002 in the bribery and recruitment of, and exertion of influence-peddling and<br />
pressure upon, local Comelec officials and employees <strong>for</strong> the purpose of supporting<br />
her in the elections of 2004. Thus it is evident that the plan to commit electoral fraud,<br />
willful and systematic, was locked in place with the appointment of Virgilio Garcillano<br />
to the highest level of the very constitutional body paid by the Filipino people to<br />
safeguard their sacred choice of national leaders.<br />
4<br />
The magazine Newsbreak reported: “Opposition Sen. Aquilino Pimentel Jr. has charged that Garcillano was<br />
involved in a vote-padding and shaving scheme in Northern Mindanao during the 1995 senatorial elections, which the<br />
senator lost. Garcillano was then regional director of Region 10.” Newsbreak also reported in the same article that<br />
“Abalos is a <strong>for</strong>mer official of the President’s party, Lakas-CMD.” (“Recipe <strong>for</strong> Instability,” Aries Rufo, Newsbreak,<br />
http://www.inq7.net/nwsbrk/2004/may/24/nbk_3-1.htm) Manuel Barcelona, the other Comelec Commissioner<br />
appointed by President Arroyo, was, like Garcillano, bypassed by the Commission on Appointments in 2005 in the<br />
wake of the Garci Tapes scandal. (“Palace on Garci: We can’t find him, either,” Manila Standard Today, June 20,<br />
2005, p. A2)<br />
14
B. Implementation of Electoral Fraud/<br />
The Garci Tapes<br />
The documentary and testimonial materials – and the “Garci Tapes” – reveal the<br />
means and methods by which the electoral fraud was implemented.<br />
While certain portions of the populace, specially officials of the incumbent<br />
administration, are convinced that these alleged wiretapped conversations between<br />
Garcillano and the President and many others should be ignored <strong>for</strong> the reason that<br />
these would be inadmissible in a court of law under our legal system, available<br />
evidentiary materials provide overwhelming logic and factual reason and basis to<br />
consider the literal import and moral significance of their contents <strong>for</strong> the purpose of<br />
having each Filipino determine <strong>for</strong> himself the common-sensical truth as to whether or<br />
not, indeed, the incumbent President subverted the electoral process – <strong>for</strong> which act,<br />
were it not <strong>for</strong> the peremptory, anti-people sabotage of the impeachment process by<br />
her political allies in Congress, she would have been removed from office and, in due<br />
course, prosecuted, imprisoned, and compelled to pay indemnification.<br />
It will be noted, after all, that no person or entity has ever come <strong>for</strong>ward to<br />
claim violation of his/her/its right to privacy under the Anti-Wiretapping Law. Neither<br />
President Arroyo nor Garcillano have cried foul. No one has dared file suit in court <strong>for</strong><br />
the recordation of his/her voice through wiretapping – not the ranking AFP generals,<br />
not the ranking police officials, not even the “Gary” Ruado whom Bunye positively<br />
identified as the House staff member (of Rep. Ignacio Arroyo) who was wiretapped, and<br />
of course not any Comelec official or staff.<br />
Secretary of Justice Raul Gonzalez did announce to the nation (through the<br />
Manila Standard) that wiretapping charges will follow the filing of sedition charges<br />
against <strong>for</strong>mer NBI Deputy Director Atty. Samuel Ong, declaring: “I’ll stake my<br />
reputation here.” 5<br />
Manila Standard Today continued its report:<br />
“Gonzalez disputed opposition claims that there would be no<br />
complainants, saying the government could take on this role.<br />
‘The person who heard (Ong’s statements) can testify; the admission of<br />
the person who is holding the tapes that that is the mother of all tapes –<br />
as a declaration against interest – that can be used as evidence,’<br />
Gonzalez said.”<br />
He said Doble, too, could be charged with violating the Anti-Wiretapping<br />
Law and inciting to sedition.” (“Sedition Charges Filed Against Ong,” Roy<br />
Pelovello, Manila Standard Today, June 16, 2005, p. A1)<br />
But he did not file any.<br />
5<br />
emphasis supplied<br />
15
a. The reason why no wiretapping charges<br />
were ever filed against Ong<br />
Neither the police, nor the military, nor the NBI, has attempted any arrest <strong>for</strong><br />
violation of the Anti-Wiretapping Law.<br />
The reason is plain and clear. For anyone alluded or referred to in the Garci<br />
Tapes to complain – in or out of court – that his conversation was wiretapped will be to<br />
admit the genuineness of, and actual occurrence of the illegal acts exposed in, the<br />
Garci Tapes conversations. No matter that an admission may refer to only a portion of<br />
these Tapes, it would nonetheless be explosive evidence that wiretapping indeed<br />
occurred and the Garci Tapes do exist.<br />
It is this catch-22 situation that has allowed Filipinos access to these Garci<br />
Tapes that otherwise would have remained secret and suppressed. But most<br />
importantly, the situation has <strong>for</strong>tuitously recorded, <strong>for</strong> all Filipinos to hear, the sound<br />
and silence of guilt on the part of all those incriminated therein.<br />
b. The Garci Tapes – authentication<br />
of existence and origin by witnesses<br />
The <strong>Philippine</strong> <strong>Center</strong> <strong>for</strong> <strong>Investigative</strong> <strong>Journalism</strong> (“PCIJ”) published the<br />
following version of the origin of the Garci Tapes:<br />
“The story of the tapes began a few months ago when Doble, in a<br />
drinking bout with his buddy Lito Santiago (also <strong>for</strong>merly of the<br />
PAOCTF), spilled the beans about the wiretaps. What the police have so<br />
far discovered, says Supt. Asher Dolina of the <strong>Philippine</strong> National Police<br />
Criminal Investigation and Detection Group, is that Doble is a good<br />
friend of Santiago’s, who was until recently the driver of <strong>for</strong>mer National<br />
Bureau of Investigation (NBI) deputy director Samuel Ong. It was Ong<br />
who releases the three-hour version of the “Garci” tapes on June 10,<br />
saying that the recording was given to him by ISAFP agents.<br />
It would seem that Santiago told his boss Ong about the recording. Ong<br />
supported the candidacy of Fernando Poe, Jr. and had an axe to grind<br />
against the NBI. The NBI official then told his friends in the FPJ-Erap<br />
(Joseph Estrada) camp; one opposition source says <strong>for</strong>mer Estrada<br />
Cabinet member Horacio “Boy” Morales was among the first to know. At<br />
any rate, Ong and his friends worked on Doble, using a combination of<br />
money and pressure to get him and his MIG 6 21 colleagues to provide<br />
copies of the recording. This answers the question of why the tapes are<br />
being released only now: because it was only in that drinking session<br />
when their existence became known, at least outside of Doble’s MIG 21<br />
circle.<br />
6<br />
i.e., Military Intelligence Group<br />
16
Some opposition sources sat that Doble was paid P2 million by the Erap<br />
camp (as the ISAFP agent himself confirmed to the police when he was<br />
put under investigation). The CIDG says there is a paper trail of the<br />
money, as Doble used it to purchase, among other things, a motor<br />
vehicle. Ong was also supposedly paid <strong>for</strong> his ef<strong>for</strong>ts. Whether other<br />
ISAFP agents or officers were also paid is unknown. It is possible they<br />
were because intelligence sources say Doble could not possibly have had<br />
the access to the whole three-hour wiretaps; at most, he could copy only<br />
those conversations that he himself has recorded and annotated.<br />
Through Ong, copies of the wiretapped conversations eventually found<br />
their way to various members of the opposition. Both Lacson (who has<br />
more or less severed his relations with Estrada) and <strong>for</strong>mer Sen.<br />
Francisco “Kit” Tatad say their copies arrived by courier in April. One<br />
copy also got into the hands of <strong>for</strong>mer Estrada lawyer Alan Paguia, who<br />
then proceeded to mint his own version, picking out only the juiciest<br />
parts of the three-hour recording and adding his own, overly dramatic<br />
narration, on top of them.” 7<br />
Samuel Ong<br />
The <strong>for</strong>egoing story is authenticated on its major points by <strong>for</strong>mer NBI Deputy<br />
Director Atty. Samuel Ong himself, the man who went public on June 10, 2005 with<br />
the “mother of all tapes” on the heels of the June 6, 2005 press conference at which<br />
Presidential spokesman Bunye had presented the tale of the two tapes. 8<br />
Following this June 10 exposé, the PNP charged Ong with serious illegal<br />
detention, i.e., that he had kidnapped and detained T/Sgt. Vidal Doble at the San<br />
Carlos Seminary. A warrant of arrest was subsequently issued. To counter the<br />
charges, Ong executed an affidavit, dated August 10, 2005, which affidavit he later<br />
submitted by letter to the Senate Committee on National Defense and Security at the<br />
hearing of December 8, 2005.<br />
Illegal Detention Charges Against Samuel Ong<br />
In this affidavit, Ong recounts how he learned that the ISAFP had wiretapped<br />
telephone conversations between Garcillano and President Arroyo showing the rigging<br />
of the 2004 presidential elections in favor of Arroyo; how T/Sgt. Vidal Doble, a member<br />
of the ISAFP wiretapping team, had given him copy of these tapes; how he gave<br />
donations amounting to P1 million <strong>for</strong> Doble’s security; and how, thereafter fearing <strong>for</strong><br />
their lives, he, Doble, Santiago (the ISAFP intermediary), and Marieta Santos (who<br />
7<br />
“The Tale of the Tangled Tapes,” Sheila Coronel, PCIJ i Report Special Edition (Year 2005)”<br />
8<br />
It was at this press conference that Spokesman Bunye announced the existence of a “destabilization plot” arising<br />
from tape recordings of genuine conversations between President Arroyo and a “political leader” which were spliced<br />
to make it appear that they were rigging the 2004 elections. [Please see June 6, 2005 in timeline under “Continuing<br />
and Continued Deception and Cover-Up”]<br />
17
turned out to be Doble’s girlfriend) had sought sanctuary at the San Carlos Seminary.<br />
In this affidavit likewise, he vigorously refutes the charge of the PNP that he had<br />
kidnapped ISAFP T/Sgt. Vidal Doble.<br />
Because of their crucial nature, we reproduce the contents of the affidavit of<br />
<strong>for</strong>mer NBI Deputy Director Atty. Samuel Ong in their entirety:<br />
Affidavit of <strong>for</strong>mer NBI Deputy Director Atty. Samuel Ong dated August 10,<br />
2005, submitted to the Senate, wherein he recounts how he learned that the<br />
ISAFP had wiretapped telephone conversations between Garcillano and<br />
President Arroyo showing the rigging of the 2004 presidential elections in favor<br />
of Arroyo; how T/Sgt. Vidal Doble, a member of the ISAFP wiretapping team,<br />
had given him copy of these Garci Tapes; how he gave donations amounting to<br />
P1 million <strong>for</strong> Doble’s security; how, thereafter fearing <strong>for</strong> their lives, he, Doble,<br />
Santiago (the ISAFP intermediary), and Marieta Santos (who turned out to be<br />
Doble’s girlfriend) had sought sanctuary at the San Carlos Seminary through<br />
the help of Bishop Teodoro Bacani.<br />
“1. I am one of the respondents in IS No. 2005-685, which is a case<br />
of Serious Illegal Detention filed directly with the Department of<br />
Justice by the Criminal Investigation and Detention Group of the<br />
PNP.<br />
2. I thoroughly read the affidavit of complainant Vidal Doble, Jr. of<br />
June 21, 2005 and his allegations therein, particularly pars. 5, 6, 7, 8, 9,<br />
10, 11, 12, 16, 17, 19, 20, 21 and 22 and I hereby categorically state<br />
and affirm that they are either totally false or grossly inaccurate.<br />
3. The true and correct events are as follows:<br />
4. Sometime in the first week of March 2005, Mr. Angelito Santiago<br />
(Lito), a personal friend and aide when I was with the NBI, in<strong>for</strong>med me<br />
that a close friend of his who works at the Intelligence Service of the<br />
Armed Forces of the <strong>Philippine</strong>s (ISAFP) by the name of Vidal Doble told<br />
him during one of their outings that he had a tape recording that he<br />
wanted to give him.<br />
5. A few days later, Lito handed to me a tape with markings on it. When<br />
we played the tape, I was shocked to hear the voice of a woman<br />
which sounded like that of Pres. Arroyo talking to another man<br />
concerning manipulation of election results. I asked Lito to ask<br />
Doble who took the recording but Lito told me that Doble already<br />
in<strong>for</strong>med him that it was he and other ISAFP Agents who wiretapped<br />
the calls made to Commissioner Garcillano of Comelec and that<br />
several of the calls were those of Pres. Arroyo.<br />
6. Sometime later, Lito told me Doble confided to him that the ISAFP is<br />
equipped with highly sensitive monitoring equipment that can wiretap<br />
telephone and cell phone conversations.<br />
18
7. Also, according to Doble, there were 14 of them assigned to<br />
wiretap conversations of some personalities especially some<br />
opposition personalities and even government officials and that one<br />
of such officials was Comelec Commissioner Garcillano whose cell<br />
phone number was provided to them by their boss.<br />
8. Lito also in<strong>for</strong>med me that after Doble gave the tape to him, Doble<br />
expressed concern about his family in case something happened to him<br />
because of his act of releasing the tape to us. Considering the sensitive<br />
nature of his revelation and the risk he took, I contacted some good<br />
Samaritan friends of mine to help provide him and his family with<br />
financial assistance, I was elated when they were able to raise P1 Million.<br />
9. On May 6, 2005, I met Doble and Lito at Borromeo Grill along<br />
Borromeo St. in Quezon City. During our meeting. I asked him why he<br />
decided to give the tape to me considering that this was classified<br />
material and he said that he considered it a civic duty to exposé what he<br />
thought was an illegal and immoral act on the part of the President of the<br />
<strong>Philippine</strong>s and a Commissioner of the Commission on Elections.<br />
10. Because of my plan to make the tape public, I asked Doble to take a<br />
leave of absence from ISAFP. Since we were fearful of Doble's and my<br />
security, Doble agreed to have a video taken in a QC Hotel where I was<br />
temporarily billeted. We proceeded to the Hotel and during the video<br />
recording, Doble narrated the circumstances behind the taking of the<br />
tape recording and his entrusting the tape to me through Lito. With<br />
Doble at the time were his brother and his wife, whom he introduced to<br />
me as Mayet. After the video recording, I handed Doble the amount of P1<br />
Million which, I told him, were donations from well meaning friends who<br />
admired him <strong>for</strong> his courage and civic responsibility.<br />
11. Because I believed I had the duty to make the contents of the tape<br />
public since they involved public interest, I had earlier made copies of it<br />
and one of which I sent to Sen. Tatad whom I knew had access to some<br />
Catholic Bishops. I also sent a copy each to two ranking military officers<br />
who are both known to me. However, I did not indicate that the tapes<br />
came from me in view of the confidential and explosive nature of its<br />
content. Be<strong>for</strong>e taking steps to make the tape public, I had to look <strong>for</strong><br />
someone who could arrange <strong>for</strong> sanctuary <strong>for</strong> us and Mr. Doble.<br />
12. Sometime after, I was introduced to Rez Cortez who, I was told<br />
personally knew prominent bishops and priest. Cortez brought us at the<br />
Sto. Domingo Church as a sanctuary. Lito, Doble, Mayet and I stayed<br />
there overnight.<br />
13. The following day, Rez Cortez and Sen. Tatad arranged <strong>for</strong> my<br />
meeting with Bishop Bacani <strong>for</strong> me to reveal what I knew about the<br />
tapes.<br />
19
14. On June 9, 2005, Sen. Tatad and Rez accompanied me to the<br />
San Carlos Seminary. Sen. Tatad and Cortez first briefed Bishop<br />
Teodoro Bacani. Later, I was ushered to a room where I revealed to<br />
Bishop Bacani that the tape was indeed given to me by Doble<br />
through Lito. The revelation was caught by video through Rez<br />
Cortez.<br />
15. After my meeting with Bishop Bacani, I returned to my safe house in<br />
Quezon City.<br />
16. Through the ef<strong>for</strong>ts of Rez Cortez, arrangements <strong>for</strong> us to be<br />
accommodated in the San Carlos Seminary were finalized on June<br />
10, 2005. I, there<strong>for</strong>e, called Lito and instructed him to fetch Doble<br />
and Mayet and bring them to the San Carlos Seminary located along<br />
EDSA in Guadalupe, Makati.<br />
17. I arrived at the San Carlos Seminary at around 4:00 P.M. on June<br />
10, 2005. At the front of the dormitory building where I waited to be<br />
brought to my room, a GMA van arrived and I saw reporter Arnold<br />
Clavio. He approached me and requested me to join him inside the GMA<br />
van <strong>for</strong> an interview. I joined him inside the van and he proceeded to<br />
interview me over radio station DZBB.<br />
18. Afterwards, I was in<strong>for</strong>med that arrangements have earlier been<br />
made <strong>for</strong> me to appear at a televised press conference at the<br />
Metropolitan Club nearby. Mr. Clavio then brought me to the<br />
Metropolitan Club where I made a televised statement concerning<br />
the tape recording given to me by Doble.<br />
19. After my televised statement, Arnold Clavio brought me back to San<br />
Carlos Seminary where I was given a room at the second floor that<br />
housed the San Carlos offices and dormitory.<br />
20. When I went up to the room I was in<strong>for</strong>med that Doble and<br />
Mayet were also billeted in a room on the second floor. Lito was<br />
also provided with his own room.<br />
21. I talked to Lito and Doble several times during our three-day<br />
stay at the dormitory but I was not able to talk with Mayet.<br />
22. On the first day, Doble and Mayet went to take their dinner at<br />
the dining room. Thereafter, Lito often brought their food and<br />
water to their room.<br />
23. During our stay there, I also saw Mayor Binay, Susan Roces,<br />
Sen. Serge Osmeña and other known personalities and they asked<br />
me questions about the tape in the presence of Bishop Bacani and<br />
another priest of the seminary.<br />
24. I categorically deny the claim of Doble that I had any armed<br />
20
men at the San Carlos Seminary guarding him. The only man I had<br />
there was Lito who is a buddy and close and long-time friend of<br />
Doble. In fact, neither Lito nor I was armed while Doble brought<br />
with him his 45 caliber pistol because he said he needed it to defend<br />
himself against anyone that might be sent by Pres. Arroyo or the<br />
First Gentleman to liquidate him because of what he did.<br />
25. Doble and all of us were free to roam along the corridors and vicinity<br />
of the dormitory as, in fact, we had conversations among ourselves and<br />
sometimes with some priests at the reception area located at the corridor<br />
of the second floor. I also did not notice any security personnel of Mayor<br />
Binay in the area as the only other male persons I saw in the building<br />
are Bishops Bacani, some priests and office personnel of the San Carlos<br />
Seminary who hold office at the ground floor of the building.<br />
26. On the night of June 12, 2005, Lito left the San Carlos Seminary.<br />
27. Sometime around 12-1 P.M. of June 13, 2005, I was told that<br />
Doble was fetched by Bishop Socrates Villegas from the San Carlos<br />
Seminary upon the request of the woman claiming to be Doble’s wife<br />
and their two children who were supposedly at the main entrance to<br />
San Carlos Seminary.<br />
28. I was then brought out of the seminary by Bishop Bacani and other<br />
bishops and taken to a safe house in the south.<br />
29. In further support of the <strong>for</strong>egoing, attached as Annexes A and B<br />
hereto and made integral parts hereof are the affidavits of Bishop<br />
Bacani and Marietta Santos.” (emphasis supplied)<br />
The criminal case <strong>for</strong> serious illegal detention against Samuel Ong and Rez<br />
Cortez was dismissed last April 20, 2006 by the Makati Regional Trial Court, where it<br />
was filed by the Department of Justice following the charge of the PNP. In dismissing<br />
the case, Branch 139 Presiding Judge Benjamin Pozon declared: “After personally<br />
evaluating the [DOJ] resolution and the evidence…this court finds no probable cause <strong>for</strong><br />
the issuance of warrant of arrests against the accused.”<br />
The dismissal by the Makati court signifies that police authorities had no basis<br />
to accuse Ong of anything in the first place. To us, this confirms that the leadership<br />
of the police authorities in this country deliberately allowed themselves, and thereby<br />
their foot soldiers, to be used to harass Samuel Ong into silence.<br />
Marieta Santos<br />
We note that the testimonies under oath of Marieta Santos be<strong>for</strong>e the Senate<br />
coincide with and affirm the <strong>for</strong>egoing story of Ong on very crucial points. In her said<br />
Senate testimonies, Santos categorically --<br />
21
(a) affirmed the truth of the story of Samuel Ong that he is in possession of the<br />
“mother of all tapes” (i.e., the Garci Tapes) because they were given to him by<br />
ISAFP personnel T/Sgt. Vidal Doble;<br />
(b) stated that the said T/Sgt. Vidal “Jeff” Doble, her boyfriend at the time,<br />
admitted to her that he was among the ISAFP MIG 21 personnel who had<br />
worked on the wiretapping of Virgilio Garcillano’s conversations with President<br />
Arroyo; that in fact she was able to enter the ISAFP’s Blue Room where, Sgt.<br />
Doble and other ISAFP personnel admitted, they did the wiretapping of<br />
Garcillano; that she personally saw the special equipment used <strong>for</strong> wiretapping<br />
cellphones, like Garcillano’s;<br />
(c) stated that her boyfriend T/Sgt. Vidal Doble admitted to her that he will give<br />
the tapes containing the wiretapped conversations about election fraud between<br />
President Arroyo and Garcillano (i.e., the “Garci Tapes”) to Angelito Santiago 9 ,<br />
who will give it to (<strong>for</strong>mer NBI Director) Samuel Ong, who in turn will make the<br />
same public on June 5, 2004; that they were all together when she did see her<br />
boyfriend T/Sgt. Vidal Doble get the tapes out of MIG 21, ISAFP Compound,<br />
Camp Aguinaldo and deliver the same to Angelito Santiago, which the latter in<br />
turn gave to (<strong>for</strong>mer NBI Director) Samuel Ong;<br />
(d) through her positive familiarity with them, identified the voice, names and<br />
faces (from photographs) of several ISAFP personnel involved in the wiretapping<br />
that resulted in the “Garci Tapes;” and<br />
(e) recounted how her boyfriend T/Sgt. Vidal Doble had received from Samuel Ong<br />
at the Imperial Palace Suites an amount which Santiago said was P2 million,<br />
after Ong had received the tapes from Doble and after he (Doble) was videotaped<br />
exposing the ISAFP wiretapping.<br />
We quote the statements of Marieta Santos to the Senate under oath on December<br />
8, 2005 and January 19, 2006:<br />
Testimony of Marieta Santos under oath be<strong>for</strong>e the Senate Committee on<br />
National Defense and Security, December 8, 2005 -- confirming the story of<br />
Samuel Ong re the origin of the Garci Tapes<br />
“THE CHAIRMAN. Ang unang tanong pala, bakit kayo nandito ngayon?<br />
MS. SANTOS. Narito po ako ngayon dahil po nakita ko po si Atty.<br />
Sammy Ong sa TV kahapon, naawa po ako sa kanya dahil<br />
biktima–biktima siya ng maruming labanan. Gusto ko lang po<br />
siyang tulungan dahil alam ko po ‘yong nangyari, gusto ko pong<br />
9 Santiago was then the driver of Samuel Ong, according to the <strong>Philippine</strong> <strong>Center</strong> <strong>for</strong> <strong>Investigative</strong> <strong>Journalism</strong> (“The<br />
Tale of the Tangled Tapes,” Sheila Coronel, PCIJ i Report Special Edition (Year 2005)”<br />
22
sabihin sa lahat na wala po silang kasalanan, pare-parehas lang<br />
pong biktima.<br />
THE CHAIRMAN. Ms. Santos, ang hinahanap natin dito ngayon ay sino<br />
ba at saan nanggaling… Saan nanggaling ‘yong tape na sinasabing<br />
nasa possession ni Atty. Ong, ano? Mayroon ka bang nalalaman<br />
patungkol dito sa-- saan ba nanggaling itong tapes na ito?<br />
MS. SANTOS. Sa pagkakaalam ko po, ito po ay binigay ni Technical<br />
Sgt. Vidal Doble kay Angelito Santiago buwan po ng February –<br />
hindi ko na po matandaan kung anong date. Tapos po,<br />
ibinigay po ni Angelito Santiago kay Atty. Ong, tapos inilabas<br />
po nila. Ito po ay galing sa loob ng ISAFP Compound, MIG<br />
21…<br />
MS. SANTOS. Nakakapasok po kasi ako sa loob ng MIG 21. Sinabi<br />
niya po sa akin na mayroon nga daw pong tape na ilalabas sila<br />
nina Lito Santiago at saka ni Atty. Ong.<br />
THE CHAIRMAN. Sinabi ba niya kung ano ‘yong tape na ‘yon,<br />
patungkol saan ‘yong tape na ‘yon?<br />
MS. SANTOS. Tungkol po sa nangyaring dayaan noong nakaraang<br />
election.<br />
THE CHAIRMAN. Nasabi ba niya kung sino ‘yong mga na-ano,<br />
nasabit doon sa dayaan na ‘yan, o sino ‘yong mga kasama<br />
doon sa dayaan?<br />
MS. SANTOS. Dalawang tao lang po ‘yong nabanggit niya sa akin.<br />
THE CHAIRMAN. Puwede mo bang sabihin kung sino ‘yong<br />
dalawang tao na ‘yon?<br />
MS. SANTOS. Si Garcillano po, Virgilio Garcillano at saka si PGMA<br />
po.” (Marieta Santos, t.s.n., Senate Committee on National<br />
Defense and Security, December 8, 2005, pp. 3 to 5, II-1, 10:14<br />
a.m.; emphasis supplied)<br />
SEN. PIMENTEL. All right. So, anyway, ‘yung tape na pinag-usapan<br />
o ‘yung the tape that you are talking about, nakita mo ba ‘yun<br />
talaga? Did you see it yourself?<br />
MS. SANTOS. Opo.<br />
SEN. PIMENTEL. Saan?<br />
MS. SANTOS. Sa loob po ng sasakyan ni Lito Santiago. Doon niya<br />
po sakin ibinigay’yun.<br />
SEN. PIMENTEL. Okay, pero ‘yung tape na ‘yun ay nakuwan ba<br />
ninyo was it played? In other words, kasi marami namang tape<br />
23
ano, pwede kang makakita ng tape pero ang laman noon ay iba<br />
‘yung pinag-usapan natin? Paano mo ngayon masabi sa Komite<br />
na ‘yung tape na ‘yun ay ‘yun na nga ang may conversation si<br />
President Gloria Macapagal Arroyo at si Garcillano. I mean,<br />
paano naming mapaniwalaan na ‘yun na nga ang dine-describe<br />
mo na tape?<br />
MS. SANTOS. Pliney (play) po kasi nila sa akin sa harap ko ‘yun.<br />
Pinarinig nila sa akin. May narinig po akong isang boses ng<br />
babae at saka isang boses ng lalake.<br />
xxx xxx xxx<br />
THE CHAIRMAN. Marieta, si Doble assigned sa MIG 21?<br />
MS. SANTOS. Opo, Your Honor.<br />
THE CHAIRMAN. Papaano niya nasabi sa inyo kung nasabi man niya<br />
na papaano niya nakilala na ‘yung nag-uusap na babae at<br />
lalake ay si PGMA at saka si Garcillano. Paano niya nalaman<br />
na sila na nga ‘yun?<br />
MS. SANTOS. Kasama po kasi siya sa trumabaho noon, na<br />
nagtrabaho noon.<br />
THE CHAIRMAN. Ang ibig sabihin si Doble ay isa doon sa<br />
nagtrabahong mag-wiretap?<br />
MS. SANTOS. Opo, Your Honor.<br />
THE CHAIRMAN. Paano mo alam iyan na totoo ‘yung sinasabi niya?<br />
MS. SANTOS. Sinasabi niya kasi po lahat sa akin ng ginagawa niya.<br />
Kaya po alam ko hindi siya naglilihim sa akin.” (Marieta<br />
Santos, t.s.n., Senate Committee on National Defense and<br />
Security, December 8, 2005, pp. 1-2; 5; 7; III-1, 10:24 a.m.;<br />
emphasis supplied)<br />
xxx xxx xxx<br />
MS. SANTOS. Tapos po sa pananatili ko po doon, unti-unti ko pong<br />
napatunayan na talagang doon po nanggaling ‘yung tape dahil<br />
may mga kuwarto sila doon na hindi puwedeng pasukin eh,<br />
medyo makulit po ako talagang naiikot ko ‘yun may mga nakikita<br />
ko ‘yung mga bagay na hindi dapat makita, ‘yung mga equipment<br />
na mga ginagamit nila, tapos siyempre may mga bantay po doon<br />
pinalalabas nila ako. Sabi nila, “Hindi mo na kailangang<br />
malaman ‘yan.” Sabi ko, “Di samakatuwid kayo talaga ‘yung<br />
nag-wiretap.” Sabi, “Manahimik ka na lang,” ‘yun lagi na lang<br />
sinasagot sa akin.<br />
SEN. PIMENTEL. Okay. So ‘yung lugar na ‘yun ay ang MIG <strong>Center</strong>,<br />
ano?<br />
24
MS. SANTOS. MIG 21 po.<br />
SEN. PIMENTEL. MIG 21, saang kampo ito?<br />
MS. SANTOS. Camp Aguinaldo (ibid., Ill-I, December 8, 2005, 10:24<br />
a.m.; emphasis supplied)<br />
THE SENATE PRESIDENT. Paki-ulit mo nga kung sino ‘yong sinabi ni<br />
Doble nainutusan din kagaya n’ya na trabahuhin nila si<br />
Presidente at si Garcillano?<br />
MS. SANTOS. Group Commander Sumayo po.<br />
THE SENATE PRESIDENT. Si Group Commander Sumayo nautusan din?<br />
MS.SANTOS. Opo.<br />
THE SENATE PRESIDENT. Sino pa?<br />
MS. SANTOS. Captain Rebong.<br />
THE SENATE PRESIDENT. Captain Rebong nautusan din.<br />
MS. SANTOS. Captain Sagui.<br />
THE SENATE PRESIDENT. Captain Sagui.<br />
MS. SANTOS. Captain 214.<br />
THE SENATE PRESIDENT. Captain 214.<br />
MS. SANTOS. Technical Sergeant Vidal Doble.<br />
THE SENATE PRESIDENT. Technical Sergeant Fidel (Vidal) Doble?<br />
MS. SANTOS. Opo. Master Sergeant Villedo.<br />
THE SENATE PRESIDENT. Okay.<br />
MS. SANTOS. Master Sergeant Callos.<br />
THE SENATE PRESIDENT. Uh-huh.<br />
MS. SANTOS. Technical Sergeant Abanto, Technical Sergeant Cando.<br />
THE SENATE PRESIDENT. Okay. So mga siyam na tao ang inutusang<br />
trabahuhin si Presidente at si Garcillano? Binilang ko ‘yong<br />
binanggit mo, siyam eh.<br />
MS. SANTOS. Fourteen po sila lahat, hindi ko na po matandaan kung<br />
25
sino.<br />
THE SENATE PRESIDENT. Ah 14. Labing-apat ang pinagsabihan na<br />
trabahuhin Si Presidente?<br />
MS. SANTOS. Opo.<br />
THE SENATE PRESIDENT. At si Garcillano?<br />
MS. SANTOS. Trabaho po kasi nila ‘yon eh, na mag-wiretap.<br />
xxx xxx xxx<br />
THE SENATE PRESIDENT. I see. Sinabi rin ba sa iyo ni Doble na<br />
mayroong mga equipment, may wiretap equipment, may mga<br />
equipment sa ISAFP na kayang mag-wiretap ng telepono at<br />
pati cellphone?<br />
MS. SANTOS. Mayroon po.<br />
THE SENATE PRESIDENT. Nakita mo ba ito?<br />
MS. SANTOS. Opo.<br />
THE SENATE PRESIDENT. Saan mo nakita?<br />
MS. SANTOS. Sa MIG-21 compound po, sa loob ng blue room.<br />
THE SENATE PRESIDENT. Sa loob ng blue room. All right. Nakita mo<br />
itong equipment na ito?<br />
MS. SANTOS. Hindi po, pero — nakatakip po kasi. Tapos ‘yong<br />
kuwarto talagang mahirap pasukin.<br />
THE SENATE PRESIDENT. Pero nakapasok ka?<br />
MS. SANTOS. Opo.<br />
THE SENATE PRESIDENT. Kasi kilala mo sila?<br />
MS. SANTOS. Opo.<br />
xxx xxx xxx<br />
THE SENATE PRESIDENT. At nakikita mo ang operations nila?<br />
MS. SANTOS. Hindi naman po lahat. Nakikita ko lang po ‘yong mga<br />
binubuhat nilang mga gamit, pinapasok doon. ‘Yong mga<br />
labas-pasok. (ibid., p. 6, V-I, 10:44 a.m.; emphasis supplied)<br />
THE CHAIRMAN. Ms. Santos, nakapasok ka ba doon sa loob noong,<br />
kung saan nag-o-operate iyong operation, iyong blue room?<br />
MS. SANTOS. Opo.<br />
26
THE CHAIRMAN. Paki-describe mo nga kung ano iyong blue room.<br />
MS. SANTOS. Iyong blue room po, marami po silang mga gamit doon,<br />
madaming computers. Tapos may mga ginagamit sila doon na<br />
hindi ko po alam kung ano iyong mga tawag doon pero<br />
maraming equipment. Hindi ko lang po alam kung anong mga<br />
pangalan noon. Pero kung makikita ko po sila ulit,<br />
THE CHAIRMAN. Iyong aIin?<br />
MS. SANTOS. ‘Yong mga ginagamit po nilang equipment, maituturo<br />
ko po kung sakaling may picture po akong makikita, kaya ko<br />
pong…<br />
THE CHAIRMAN. Ipinakikita ko kanina kay Senator Enrile, heto<br />
yang GSM cellular interceptor, GSM ano, digital. Makikilala<br />
mo kaya kung ito ay nakita mo doon sa loob?<br />
MS SANTOS. Opo.<br />
THE CHAIRMAN. Puwede bang lumapit ka dito.<br />
MS. SANTOS. Opo.<br />
THE CHAIRMAN. Heto, itong equipment na ito, mayroon ka bang<br />
nakitang ganito doon?<br />
MS SANTOS. Mayroon po.<br />
THE CHAIRMAN. Sigurado kang ito yong equipment?<br />
MS. SANTOS. Opo. (ibid., 111-2. January 19, 2005, 12:09 p.m.;<br />
emphasis supplied)<br />
xxx xxx xxx<br />
THE CHAIRMAN. Papaano mo masabing ito iyon?<br />
MS. SANTOS. Kasi po nakapasok nga pa ako doon sa loob, medyo<br />
makulit nga pa ako, natatakasan ko yang mga bantay ko.<br />
THE CHAIRMAN. Hindi, paano mo matatandaan na — heto<br />
halimbawa, mayroon niyan, mayroon ba iyan doon?<br />
MS. SANTOS. Parang antenna.<br />
THE CHAIRMAN. Ah, iyong parang antenna. Eh to?<br />
MS. SANTOS. Mayroon din po.<br />
THE CHAIRMAN. Eh ito?<br />
27
MS. SANTOS. Mayroon po.<br />
THE CHAIRMAN. Now we take note that the witness is pointing to<br />
the picture of cellular interceptor GSM digital. Ito iyong<br />
nasabi nga ni Senator Enrile kanina na nagkakahalaga ng<br />
$420,000. You want to ask her question on, dito?<br />
SEN. EJERCITO ESTRADA (J). Mr. Chairman...<br />
THE CHAIRMAN. So, Senator Estrada.<br />
SEN. ESTRADA (J). . . .only one question.<br />
THE CHAIRMAN. Yes, please.<br />
SEN. EJERCITO ESTRADA (J). I would like to address my question to<br />
Ms. Santos. Ms. Marietta Santos, sinabi mo kanina nakapasok<br />
ka roon sa Blue Room...<br />
MS. SANTOS. Opo.<br />
SEN. EJERCITO ESTRADA (J). ...kung saan ay nanduon ‘yong mga<br />
equipment ng wiretapping.<br />
MS. SANTOS. Opo.<br />
SEN. EJERCITO ESTRADA (J). Ang tanong ko sa iyo, kahit ba sino ay<br />
puwedeng pumasok doon sa Blue Room...<br />
MS. SANTOS. Hindi....<br />
SEN. EJERCITO ESTRADA (J). … O ‘yon lang may kaugnayan kay Vidal<br />
Doble?<br />
MS. SANTOS. Bawal pong pasukin ‘yong kuwarto na ‘yon. Kaya ko<br />
lang po siya napasok dahil nga po noong paglabas namin ng<br />
San Carlos Seminary, doon kami—duon ako inilagay sa<br />
malapit doon sa may Blue Room na sinasabi ko. Tapos ‘yong<br />
mga bantay ko po, pag nakakatalikod, pinapasyal—nililibot ko<br />
‘yang buong ISAFP na 21—MIG 21.<br />
SEN. EJERCITO ESTRADA (J). Ilang beses ka labas pasok doon sa Blue<br />
Room?<br />
MS. SANTOS. Bale two times lang. Natakasan.<br />
SEN. EJERCITO ESTRADA (J). Dalawang beses. Kailan ito, noong dala<br />
nila si Sgt. Doble sa—galing sa San Carlos Seminary?<br />
28
MS. SANTOS. Galing kami ng San Carlos Seminaryo, tapos by June<br />
siguro 2005. (ibid., IV-2, January 19, 2006, 12:19 p.m.; emphasis<br />
supplied)<br />
xxx xxx xxx<br />
THE CHAIRMAN. Kaya ko naman tinatanong Mayet yan sapagkat may<br />
lumalabas na balita na si Doble ay nabayaran...<br />
MS. SANTOS. Opo.<br />
THE CHAIRMAN. . . .para lumabas ni Samuel Ong?<br />
MS. SANTOS. Opo.<br />
THE CHAIRMAN. Mayroon ka bang nadinig na patungkol diyan?<br />
MS. SANTOS. Meron po.<br />
THE CHAIRMAN. Ano yung nadinig mo patungkol diyan?<br />
MS. SANTOS. Yung binigay po sa kanyang 2 million, pero hindi ko po<br />
nabilang kung 2 million talaga yung pera.<br />
THE CHAIRMAN. Pero napag-usapan ninyo?<br />
MS. SANTOS. Opo.<br />
THE CHAIRMAN. Nakita mong ibinigay?<br />
MS. SANTOS. Opo nakita ko pong ibinigay. Ang sabi 2 million, sabi po.<br />
THE CHAIRMAN. Sino ang nagsabi nuon?<br />
MS. SANTOS. Sina Lito Santiago po.<br />
THE CHAIRMAN. Lito?<br />
MS. SANTOS. Opo.<br />
THE CHAIRMAN. Okay. Para saan daw naman iyon?<br />
MS. SANTOS. Hindi ko po alam. Pa-birthday yata kay Jeff.<br />
THE CHAIRMAN. Bah, ako nagbi-birthday rin, 70 birthday ko na walang<br />
nagbibigay sa akin ng 2 million eh. Para ano daw iyon? Para ano<br />
daw iyon?<br />
MS. SANTOS. Basta lang po binigay sa kanya iyon eh.<br />
THE CHAIRMAN. Ahuh.<br />
29
MS. SANTOS. “P’re, para sa iyo ito.”<br />
THE CHAIRMAN. Hindi ninyo napag-usapan kung para saan yung 2<br />
million?<br />
MS. SANTOS. Hindi po. Basta po, ang sabi<br />
THE CHAIRMAN. Kung 2 million talaga?<br />
MS. SANTOS. Opo. Basta ang sabi po ni Lito Santiago, “P’re, para sa<br />
iyo ito.”<br />
THE CHAIRMAN. Kailan yan nangyari?<br />
MS. SANTOS. Sa Imperial Palace po.<br />
THE CHAIRMAN. Ito ba, bago pa o pagkatapos na maiabot ni Doble<br />
yung tape kay Lito Santiago?<br />
MS. SANTOS. Naiabot na po yung unang tape, yung galing po sa<br />
ISAFP pagkatapos po gawin yung videotape na iyan,<br />
pagkatapos duon po binigay yung pera.<br />
THE CHAIRMAN. Nung, syempre nung inabot ni Doble yung tape kay<br />
Lito Santiago at kelan nagkaron ng desisyon na yung tape na iyon<br />
ay ilabas sa publiko?<br />
MS. SANTOS. June 5, po.<br />
THE CHAIRMAN. June 5?<br />
MS. SANTOS. Opo.<br />
THE CHAIRMAN. Ang desisyon ay nagawa para ilabas na iyong tape?<br />
MS. SANTOS. Opo.<br />
THE CHAIRMAN. Kailan inabot yung 2 million?<br />
MS. SANTOS. Hindi ko na po matandaan yung exact date.<br />
THE CHAIRMAN. Pero iyon, be<strong>for</strong>e or after?<br />
MS. SANTOS. By May po iyon.<br />
THE CHAIRMAN. Ah, May pa nung ibinigay yung 2 million?<br />
MS. SANTOS. Third week po yata ng ...<br />
THE CHAIRMAN. Ng May?<br />
30
MS. SANTOS. Opo. (ibid., VI-1, 10:54 am; emphasis supplied)<br />
Testimony of Marieta Santos be<strong>for</strong>e the Senate Committee on National Defense<br />
on January 19, 2006 – spontaneously identifying upon hearing them, without<br />
prompting or hesitation, each of the voices on the Garci Tapes as those of personnel<br />
belonging to the MIG 21 of the ISAFP.<br />
“[PLAYING OF THE TAPES]<br />
ANNOTATOR: Masterfik <strong>for</strong> hotel 2 (?) Today is 19 January ’04.<br />
Conversation between two unidentified males on 1419 Hotel, January ’04.<br />
Male 2 is using the cellphone of Mira Dumlao.<br />
THE CHAIRMAN. Sandali, tigil muna. May gustong sabihin si Ms.<br />
Santos?<br />
MS. SANTOS. Kilala ko po iyong annotator, si Technical Ed Cando –<br />
Technical Sergeant Ed Cando.<br />
THE CHAIRMAN. Kilala mo iyong boses?<br />
MS. SANTOS. Opo.<br />
THE CHAIRMAN. Ngayon balik ako sa tanong? Paano mo nakilala ang<br />
boses niya?<br />
MS. SANTOS. Lagi ko po siyang nakakausap sa landline pag<br />
tumatawag<br />
ako sa ISAFP po. Pag tinatawagan ko po si Jeff, siya iyong<br />
nakakasagot ng phone minsan.<br />
THE CHAIRMAN. Sino ba iyong Jeff?<br />
MS. SANTOS. Si Technical Sergeant Vidal Doble po.<br />
THE CHAIRMAN. Ah, so itong boses na ito ni -- anong pangalan?<br />
MS. SANTOS. Ed Cando.<br />
THE CHAIRMAN. Ed Cando.Eh itong si Ed Cando, saan ba assigned ito?<br />
MS. SANTOS. Sa 21 MIG ISAFP po.<br />
THE CHAIRMAN. May I ask the Secretariat to mark that on the<br />
transcript iyong sagot ni ano, iyong remarks ni Marietta. You<br />
want to ask questions pa?<br />
31
SEN. LIM. Thank you, Mr. Chairman. And make it of record also that<br />
our witness, Ms. Marieta Santos, manifested immediately…<br />
(Marieta Santos, t.s.n., Senate Committee on National Defense,<br />
January 19, 2006, page 1, IV-1, 10:59 a.m.; emphasis supplied)<br />
SEN. LIM. …manifested immediately her recognition of the voice.<br />
That’s why I called the attention of the Chairman that Ms.<br />
Marieta Santos wants to say something.<br />
THE CHAIRMAN. Thank you, Your Honor, <strong>for</strong> that.<br />
SEN. LIM. Spontaneous reaction after hearing the voice.<br />
THE CHAIRMAN. Yes. Thank you. Now, can we continue with the<br />
tapes? …<br />
THE NARRATOR. This is the conversation between two unidentified<br />
males on 19, 14:52 January ’04.<br />
VOICE 1. Hello, sir.<br />
VOICE 2. Kararating ko lang.<br />
VOICE 1. Kumusta?<br />
THE CHAIRMAN. May sasabihin si Marietta.<br />
MS. SANTOS. Kilala ko ‘yong boses. Si Kuya Ben po. Code lang<br />
‘yon.<br />
THE CHAIRMAN. Kuya Ben?<br />
MS. SANTOS. Opo. Eh, code po lang ‘yon.<br />
THE CHAIRMAN.<br />
Sino si Ben?<br />
MS. SANTOS. Sa MIG21 din po, ISAFP.<br />
THE CHAIRMAN.<br />
Ibig sabihin assigned doon sa MIG21?<br />
MS. SANTOS. Opo.<br />
THE CHAIRMAN. ‘Yong ISAFP.<br />
MS. SANTOS. Kasamahan din po nila Jef.<br />
THE CHAIRMAN. Paano mo nakilala ‘yong boses niya?<br />
MS. SANTOS. Nakakausap ko din po siya.<br />
THE CHAIRMAN. Telepono?<br />
32
MS. SANTOS. Telepono po. Minsan sa…<br />
THE CHAIRMAN. ‘Yong personal?<br />
MS. SANTOS. Opo. (Marieta Santos, t.s.n., Senate Committee on<br />
National Defense, January 19, 2006, pages 2-3, IV-1, 10:59 a.m.;<br />
emphasis supplied)<br />
NARRATOR. This is a conversation between two identified males, on 20, 1315H,<br />
January 2004.”<br />
MS. SANTOS. Puwedeng paki-ulit ‘yong last?<br />
THE CHAIRMAN. Rewind. Doon sa annotator. Rewind to the annotator.<br />
VOICE 1. Para pagpunta ko bukas malaman ko?<br />
VOICE 2. Oho.<br />
NARRATOR. This is the conversation of two identified males, on 20,<br />
1315H, January 2004.”<br />
MS. SANTOS. Clemente po.<br />
THE CHAIRMAN. Clemente ang apelyedo?<br />
MS. SANTOS. Clemente po.<br />
THE CHAIRMAN. Hindi, anong apelyedo?<br />
MS. SANTOS. Ayon na po ‘yon.<br />
THE CHAIRMAN. Ah, Clemente. Eh ‘yong first name?<br />
MS. SANTOS. Hindi ko po alam kasi ang tawag po sa kanya “Clemens.”<br />
“Yon po ‘yong apelyedo niya, Clemente.<br />
THE CHAIRMAN. Uh-huh. Pero sigurado ka boses ng Clemente ito?<br />
MS. SANTOS. Opo.<br />
THE CHAIRMAN. Madalas mo ba siyang makausap?<br />
MS. SANTOS. Naging escort ko po siya nang nadoon ako sa loob ng<br />
ISAFP.<br />
THE CHAIRMAN. Oh, may escort ka pa noon?<br />
MS. SANTOS. Opo, tatlo po.<br />
33
THE CHAIRMAN. Oh, tatlong escort mo?<br />
MS. SANTOS. (Laughter) Hindi po. Noong kinuha po nila kami doon.<br />
THE CHAIRMAN. Ah, okay. (Marieta Santos, t.s.n., Senate Committee<br />
on National Defense, January 19, 2006, pp. 8-9, IV-1, 10:59 a.m.;<br />
emphasis<br />
supplied)<br />
ANNOTATOR. “Today is 27 January, ’04, conversation between Mira and<br />
unidentified female on 1055 Hotel.”<br />
THE CHAIRMAN. Ms. Santos.<br />
MS. SANTOS. 215 po.<br />
THE CHAIRMAN. Ano?<br />
MS. SANTOS. 215.<br />
THE CHAIRMAN. Bakit numero ‘yung sinabi mo?<br />
MS. SANTOS. Eh, ‘yun po ‘yung code n’ya.<br />
THE CHAIRMAN. Ah, code.<br />
MS. SANTOS. Opo.<br />
THE CHAIRMAN. Pero makikilala mo ‘to ‘pag nakita mo?<br />
MS. SANTOS. Opo.<br />
THE CHAIRMAN. Okay. 215, sino ‘yan? Ano s’ya?<br />
MS. SANTOS. Captain po yata. Hindi ko po alam. Basta ang ano, eh<br />
kasunod po sila nina Captain Rebong kasi si Captain Rebong po<br />
213, 214, 215, meron pong gano’n.<br />
THE CHAIRMAN. O, bakit puro numero ‘yan?<br />
MS. SANTOS. Eh, ‘yun po ‘yung mga code nila.<br />
THE CHAIRMAN. Okay. 215 ito.<br />
MS. SANTOS. Opo.<br />
THE CHAIRMAN. Okay. Makikilala mo ito kung makikita mo s’ya?<br />
MS. SANTOS. Opo.<br />
SEN. ENRILE. Ano si Rebong? Anong - - what number ni Rebong?<br />
34
MS. SANTOS. Po?<br />
SEN. ENRILE. Anong code number ni Rebong?<br />
MS. SANTOS. 213 po. (Marieta Santos, t.s.n., Senate Committee on<br />
National Defense, January 19, 2006, (pages 6-7, VI-1, 11:19 a.m.;<br />
emphasis supplied)<br />
THE CHAIRMAN. Paano mo nakikilala ‘yung mga boses nito?<br />
MS. SANTOS. Lagi ko po kasi silang nakakausap. ‘Pag tumatawag<br />
nga<br />
po ako sa phone kay Doble sila po ‘yung sumasagot. ‘Pag<br />
minsan<br />
pag lumalabas po sila dun sa may Aguinaldo, eh, malapit lang<br />
po<br />
dun ‘yung dati kong tininitirhan tapos tatawagin nila ako,<br />
“Mayet,” kakausapin nila ako ng konti, kuwentuhan.<br />
SEN. ENRILE. Ano’ng ranggo ni Doble?<br />
MS. SANTOS. Technical Sergeant po.<br />
SEN. ENRILE. Eh, bakit ‘yung mga opisyal, eh under ni Doble, gano’n<br />
ba?<br />
MS. SANTOS. Hindi po.<br />
SEN. ENRILE. O, si Doble under them.<br />
MS. SANTOS. Under po si Doble.<br />
SEN. ENRILE. Sa kanila?<br />
MS. SANTOS. Opo.<br />
SEN. ENRILE. Eh, bakit ikaw ang tinatawagan ng mga opisyal na<br />
‘yan?<br />
MS. SANTOS. Hindi po. ‘Pag may time na gusto kong kausapin si<br />
Doble, tumatawag po ako dun sa opisina nila.<br />
SEN. ENRILE. Sila ang sumasagot hindi si Doble?<br />
MS. SANTOS. Opo. Kasi tinatawag nila, minsan nasa labas ng<br />
opisina,<br />
tatawagin po nila. Tapos habang tinatawag nung ibang tao<br />
nila,<br />
kuwento-kuwento po muna, “O, kumusta na d’yan?”<br />
35
SEN. ENRILE. Ano ba ang organization ni Doble? Saang organization<br />
s’ya kasama?<br />
MS. SANTOS. Sa 21 Mig ISAFP po. (t.s.n., Senate Committee on National<br />
Defense, January 19, 2006, pp. 11-12, VI-1, 11:19 a.m.; emphasis<br />
supplied)<br />
Testimony of Marieta Santos be<strong>for</strong>e the Senate Committee on National Defense<br />
and Security on January 19, 2006 – readily identifying ISAFP MIG 21 personnel<br />
when shown photographs of them<br />
“SEN. ENRILE. Office uni<strong>for</strong>m, with blue pants. On this first picture,<br />
Marieta Santos marked the Body of Sergeant Doble of MIG-21<br />
and a certain Technical Sergeant…(t.s.n., Senate Committee on<br />
National Defense, January 19, 2006, p. 6, VII-1, 11:29 a.m.;<br />
emphasis supplied)<br />
SEN. ENRILE. … and a certain Technical Sergeant Villeza whose face<br />
appears and body appears behind the picture – behind the body in<br />
the photograph of Technical Sergeant Doble.<br />
The second picture, Ms. Marieta Santos marked in red ballpen,<br />
the likeness of a certain person going under the alias “Pitatot”<br />
and the likeness of a certain person marked by Ms. Marieta<br />
Santos as Technical Sergeant Doble of MIG-21 and the likeness of<br />
a person marked by Ms. Marieta Santos as Technical Sergeant<br />
Abanto of MIG-21.<br />
And the third picture is a group picture of men, some of them are<br />
without any shirt. And in this picture Ms. Marieta Santos marked<br />
the likeness of a person which she named as Sergeant Velasco of<br />
MIG-21 and another person whose likeness appears here as<br />
Master Sergeant Villedo.<br />
And the fourth picture which is actually a scene representing<br />
people bathing in the sea including Ms. Marieta Santos. She also<br />
marked the likeness of a person identified by her as Technical<br />
Sergeant Villedo.<br />
THE CHAIRMAN. Doble.<br />
SEN. ENRILE. Doble rather, Doble.<br />
THE CHAIRMAN. So, the Secretariat is ordered to take custody of these<br />
exhibits and be filed together with the other documentary pieces of<br />
evidence so far submitted to the committee.” (t.s.n., Senate<br />
36
Committee on National Defense, January 19, 2006, p. 1, VIII-1,<br />
11:39 a.m.; emphasis supplied)<br />
SEN. ENRILE. Ito ‘yong Dave — may I see the picture, please? (Secretariat)<br />
THE CHAIRMAN. Ito ‘yong Dave na driver ni Colonel Sumayo?<br />
MS. SANTOS. Opo.<br />
SEN. ENRILE. Ito ‘yong Dave na nasa first picture, hindi ba?<br />
MS. SANTOS. Opo.<br />
SEN. ENRILE. So, this is Dave in the first picture na minarkahan mo?<br />
MS. SANTOS. Opo.<br />
SEN. ENRILE. Opo. At ito ‘yong driver ni...<br />
MS. SANTOS. Colonel Sumayo po.<br />
SEN. ENRILE. Group Commander of MIG-21, Sumayo?<br />
MS. SANTOS. Opo. (ibid., Sntupaz,VIII-1, 11:39A.M.; emphasis supplied)<br />
In addition, Marieta Santos submitted a sworn statement to the said Senate<br />
Committee, authenticating a myriad of details in the story of Samuel Ong, disputing,<br />
like Ong did, the charge of the PNP that Ong had kidnapped ISAFP T/Sgt. Vidal Doble,<br />
and even attesting that she and Doble were made to sign statements at the ISAFP<br />
office which were untrue. Quite strikingly, Marieta Santos recounted in her affidavit<br />
the fact that Doble had received a call from his wife Arlene, who told him to come<br />
back, as she and their children had been picked up by the ISAFP from Kidapawan,<br />
North Cotabato.<br />
Affidavit of Marieta Santos dated July 23, 2005, submitted to the Senate<br />
Committee on National Defense and Security, corroborating the sworn statement of<br />
Ong, affirming Doble as the source of the Garci Tapes; confirming his videotaped<br />
admission thereof at the Imperial Hotel (as voluntary, contrary to statements that the<br />
ISAFP had <strong>for</strong>ced her and Doble to sign at the ISAFP office and contrary to the reenactment<br />
that Doble was <strong>for</strong>ced to execute); disclosing her having sought sanctuary<br />
at the San Carlos Seminary with Doble, Ong, and Santiago <strong>for</strong> fear of their lives<br />
following Ong's exposé; declaring that the PNP's charge that Ong kidnapped Doble is<br />
untrue; and recounting the statements of Doble's wife on the speakerphone as well as<br />
Doble's report from her that the ISAFP had picked up their family from North Cotabato<br />
as leverage --<br />
"1. I am the "girlfriend" of Vidal Doble y Dayola and stayed with him<br />
at the San Carlos Seminary from June 10, 2005 until June 13, 2005;<br />
xxx xxx xxx<br />
2. Sometime in April 2005, Lito Santiago (hereinafter "Lito," <strong>for</strong> brevity)<br />
fetched Vidal Doble (hereinafter "Jeff'), his brother Rey Doble (hereinafter<br />
"Rey") and me near the corner of Camarilla Street and 15th Avenue,<br />
Cubao, Quezon City, and drove us to Salakot, a restaurant along Timog<br />
Avenue in Ouezon City;<br />
3. We had breakfast at the said restaurant, after which Atty. Samuel<br />
Ong (hereinafter "Atty. Ong") arrived and talked with Jeff <strong>for</strong> a short<br />
while about the cassette tape which Jeff had previously handed to<br />
37
Lito. Atty. Ong … told us to meet him at the Imperial Suites, a hotel<br />
at the corner of Timog Avenue and Tomas Morato Extension in<br />
Quezon City;<br />
4. Lito drove us to the said hotel and led us to a room on the fifth (5th)<br />
floor. After a short while, Atty. Ong joined us in the room. Atty, Ong, Lito<br />
and Jeff talked about taping a video explaining how Jeff obtained the<br />
cassette which he previously gave to Lito. Then, Lito took a video of<br />
Jeff while the latter talked about the cassette tape which was taken<br />
from the files of the Intelligence Service of the Armed Forces of the<br />
<strong>Philippine</strong>s {ISAFP};<br />
5. Contrary to statements contained in affidavits which Jeff and I<br />
were made to sign at the ISAFP office shortly after we were brought<br />
there and contrary also to the "re-enactment" stage-managed by<br />
Criminal Investigation and Detection Group National Capital Region<br />
(CIDG-NCR) Chief, Sr. Insp. Asher A. Dolina, no pictures or profile of<br />
Jeff's family was shown to him. Neither was any threatening word or<br />
gesture uttered or made by Atty. Ong or Lito. In fact, the mood in<br />
the room was friendly, and Lito and I even joked around;<br />
6. In the morning of Friday, June 10, 2005, Lito drove Jeff and I to the<br />
San Carlos Seminary In Makati, where we arrived between 12:00 noon<br />
and 1:00 p.m. We were in<strong>for</strong>med that Atty. Ong was to make public the<br />
cassette tape, and that staying in the San Carlos Seminary would assure<br />
our security...<br />
xxx xxx xxx<br />
8. After chatting wlth us <strong>for</strong> a short while, Bishop Bacani and Rez Cortes<br />
told us to feel at home and left us. Jeff, Lito and I walked around the<br />
compound, then, sat in the reception room and watched television. At<br />
mid-afternoon, we tuned in to the news channel while Atty. Ong delivered<br />
a televised statement concerning the cassette tape, from the Metropolitan<br />
Club in Makati;<br />
xxx xxx xxx<br />
10. Between 7:00 and 8:00 p.m. of the same day, as Jeff and I were<br />
walking along a corridor upstairs, I noticed a familiar face and told Jeff<br />
that I had seen that man be<strong>for</strong>e. Jeff looked around and told me that<br />
the person behind us was an ISAFP agent. At that instant, I noticed<br />
Bishop Bacani running up the stairs and shouting "Jeff, may<br />
nakapasok. May ibang tao!;"<br />
11. Jeff and I rushed downstairs and looked <strong>for</strong> Lito. After hearing<br />
what had just happened, Lito suggested that we transfer from room<br />
to room during our stay, as it would be safer <strong>for</strong> us that way. Lito<br />
then led us back upstairs and brought us to another bedroom;<br />
12. In our new room, Jeff inquired about our safety, Lito replied that<br />
"Huwag kayong matakot. Nagpadala na ng security si Mayor Binay<br />
para bantayan tayo. Nagbabantay na ang dalawa sa ibaba."<br />
38
13. For the duration of our stay and to ensure our safety, Atty. Ong,<br />
Bishop Bacani and Lito were the only persons allowed inside our<br />
room. We were, however, free to go wherever we wanted. Thus, I<br />
would periodically go downstairs to the kitchen and get food <strong>for</strong> Jeff and<br />
me. Downstairs, I conversed several times with Ate Demy, who was the<br />
seminary cook, and with Bishop Bacani's driver. Contrary to the sworn<br />
statements which Jeff and I were made to sign, Atty. Ong had no<br />
other men in the compound except <strong>for</strong> Lito, and at no time were our<br />
movements restricted nor were we ever prevented from leaving our<br />
room. In fact, Jeff had his gun with him. We were also free to<br />
communicate with the outside, as in fact we did, as we had our<br />
cellular phones with us at all times;<br />
14. It is also not true that our movements were closely monitored<br />
and guarded, nor we followed by armed men even to the extent of<br />
accompanying us to the com<strong>for</strong>t room. The truth is that the com<strong>for</strong>t<br />
rooms were inside the rooms which we occupied; hence, it would not have<br />
been possible <strong>for</strong> anyone to accompany us there. The only guards I saw<br />
were downstairs and were sent there to ensure our safety:<br />
15. On Monday, June 13, 2005, between 10:30 - 11 :00 a.m., Jeff<br />
received a call from his wife Arlene on his cellular phone, which<br />
conversation I heard, as Jeff's speakerphone was on. I heard Arlene<br />
say, "Dad, kung itutuloy mo iyan, kalimutan mo na kaming pamilya<br />
mo. Di bale na ako, pero isipin mo yung mga bata." Immediately<br />
after that conversation, Jeff looked troubled and told me that his<br />
wife and children were taken by the ISAFP from Kidapawan City in<br />
North Catabato and were being held in Manila as leverage to try and<br />
persuade him to go with them. Jeff then said that he had to leave the<br />
seminary soon, as his children were in danger. He asked if I could stay<br />
behind, to which I replied, "Anong gagawin ko dito?;"<br />
16. A short while later, Bishop Bacani entered our room and asked if Jeff<br />
and I were married, as he had heard a woman over the radio, claiming to<br />
be Jeff's wife and asking him to surrender to the ISAFP. Jeff and I<br />
answered that we were not married, to which Bishop Bacani replied.<br />
"Naku, mai-iskandalo ang mga pari niyan." He then asked if it was true<br />
that we were kidnapped we answered that we were not. Ang sabi ko<br />
pa, "Nandito po kami para proteksyonan kami. Nanganganib po kasi<br />
ang buhay namin" Bishop Bacani then said that it was not proper <strong>for</strong> an<br />
unmarried couple to be in the seminary, and brought me to the seminary<br />
kitchen where he said, "Makipag-kwentuhan ka muna diyan."<br />
Bishop Teodoro Bacani<br />
As earlier mentioned, Bishop Teodoro Bacani likewise submitted a sworn<br />
statement to the Senate Committee on National Defense and Security chaired by<br />
Senator Biazon, confirming Ong’s story regarding their having sought sanctuary at the<br />
San Carlos Seminary, through his (Bishop Bacani’s) help, together with Doble,<br />
39
Santiago and Santos, <strong>for</strong> fear of their lives, following Ong’s June 10 exposè of the<br />
Garci Tapes.<br />
Committee Chairman Senator Biazon noted as follows:<br />
“Mr. President, <strong>for</strong> the record, the materials that had been so far<br />
mentioned and now is being entered into the record of the proceedings,<br />
and will be remanded to the custody of the secretariat, Mr. President,<br />
had been transmitted by a handwritten letter from Samuel Ong—again,<br />
<strong>for</strong> the record.<br />
And I would like to read this, and this is dated 30 November 2005, and<br />
the letter reads as follows:<br />
COMMITTEE ON NATIONAL DEFENSE AND SECURITY<br />
BRH Gonzales<br />
“Sir:<br />
In connection with the ongoing Senate inquiry into the Hello<br />
Garci tapes, I am transmitting herewith the following, to wit:<br />
1. Reproduction copies of the two Hello Garci tapes, master tapes, and...“<br />
This is the tape, Mr. President, and I am entering into the record and<br />
asking <strong>for</strong> custody of the secretariat.<br />
Second is the transcript of the same.<br />
There is a transcript of this duly noted by Mister or Atty. Ong.<br />
Third, photocopies of four affidavits—the affidavit of Mr. Ong, the<br />
affidavit of Mr. Angelito Santiago, the affidavit of Marieta Santos and the<br />
affidavit of Bishop Teodoro Bacani.”<br />
Now, all of these affidavits have something to do with tracing the<br />
origin of the tapes. And I ask that this be entered into the records,<br />
Mr. President and members of the Committee. And when the affiants<br />
come to the hearings, we will discuss this, but we have this already on<br />
record.<br />
Again, in summary, all of these affidavits are pointing to the declaration<br />
that the source of the so-called “mother of all tapes” is ISAFP. And this<br />
was given to Atty. Ong, through Lito Santiago by Technical Sergeant<br />
Doble, and we hope that Technical Sergeant Doble will, one day, be able<br />
to come and testify to discuss this, and all the other affiants who<br />
submitted their affidavits to the committee.<br />
Again, in summary, all of these affidavits are pointing to the<br />
declaration that the tapes come from or came from ISAFP, through<br />
Technical Sergeant Doble, through Mr. Angelito Santiago, and then,<br />
40
ending in the possession of Atty. Samuel Ong, Mr. President,<br />
members of the committee and ladies and gentlemen.” (t.s.n., Senate<br />
Committee on National Defense, VIII-1, December 8, 2005 11:14 A.M.<br />
2; emphasis supplied)<br />
Due to its credibility and significance, we reproduce Bishop Bacani’s affidavit in<br />
its entirety.<br />
Affidavit of Bishop Teodoro Bacani dated August 15, 2005, submitted to the<br />
Senate – affirming the story of Samuel Ong regarding the latter’s having voluntarily<br />
sought sanctuary, together with T/Sgt. Doble, Angelito Santiago and Marieta Santos,<br />
at the San Carlos Seminary through his (Bishop Bacani’s) help and the intercession of<br />
Rez Cortez, <strong>for</strong> fear of their lives after Ong’s June 10, 2005 exposé of the Garci Tapes,<br />
and contradicting the PNP’s charge that Ong kidnapped T/Sgt. Doble --<br />
“I, BISHOP TEODORO C. BACANI JR., Filipino. of legal age, and<br />
presently residing at Bahay Pari, San Carlos Formation Complex,<br />
Guadalupe, Makati City, after being duly sworn hereby depose and state<br />
that:<br />
1. On June 10, 2005, Mr. Rez Cortez requested me to give<br />
sanctuary to <strong>for</strong>mer NBI Deputy Director Samuel Ong and another<br />
person after a projected press conference to be held somewhere.<br />
Considering the importance <strong>for</strong> the national interest of what Mr.<br />
Ong was to reveal, I favorably considered the matter. After<br />
consulting with the director of Bahay Pari, and getting his consent,<br />
I agreed to do so.<br />
2. Later in the afternoon of the same day, I learned to my surprise that<br />
Mr. Ong was being interviewed in a van outside Bahay Pari by Mr. Arnold<br />
Clavio.<br />
3. In the meantime I noticed a man and a woman standing in the lobby<br />
of Bahay Pari. After the departure of the van Mr. Ong was being<br />
interviewed, I learned that the man was the other person I was requested<br />
to give sanctuary to. Presuming that the woman was his wife, since they<br />
were so familiar with each other, I had them brought to a room in Bahay<br />
Pari. In no way did they show any sign that they were coerced to come,<br />
especially since Mr. Ong had gone away.<br />
4. Much later, Mr. Ong arrived and I also had him brought to a room<br />
of his own far away from the room of the couple, whom I later to<br />
know later was a certain Sgt. Doble and Marietta Santos.<br />
5. At dusk, I was disturbed to learn, that an unknown man, not a<br />
resident of Bahay Pari was seen inside our premises. We tried to get<br />
hold of the man but he escaped. Fearing harm <strong>for</strong> the couple, I<br />
rushed to their room and relieved to find that they were safe, Sgt.<br />
Doble said he recognized the man, but it seemed the man did not<br />
41
ecognize him in the dark.<br />
6. Sgt. Doble and his companion mostly kept to their room and there did<br />
not seem to be any direct contact between him and Mr. Ong or Mr.<br />
Cortez, the latter two having kept to their side of the house, while Sgt.<br />
Doble and his companion kept to their room. Once in while I would<br />
check on Sgt. Doble and Marietta to find out if they were alright. At<br />
no time did they ever intimate to me in any way that they were<br />
being detained against their will. Marietta even ventured at least<br />
once to come and get food from our refectory. They feared rather<br />
that government <strong>for</strong>ces might get them, and so they even<br />
transferred to another room where they would not be exposed (I was<br />
told) to sniper fire or observation from the neighboring buildings.<br />
7. On June 11, I bade goodbye to Sgt. Doble and told him that I<br />
would be going to somewhere to officiate at a wedding, and that I<br />
would return at around noon the following day. Again, he showed<br />
no sign that he wanted to leave Bahay Pari. That would have been a<br />
perfect opportunity <strong>for</strong> him to leave our place and obtain his<br />
freedom if he wanted to. I could even have even brought him out of<br />
our place.<br />
8. The following day, Sunday, was an uneventful. I again told Sgt. Doble<br />
and companion that I was leaving to have dinner with my family. His<br />
friend, Lito Santiago, asked to leave with me, and we left the premises of<br />
the San Carlos Formation Complex uneventfully.<br />
9. When, at around 8:00 A.M. the following morning (Monday), I was told<br />
that the wife of Sgt. Doble was at the San Carlos Formation Complex<br />
Gate, I confronted Sgt. Doble and Marietta, and asked them why they did<br />
not tell me they were not husband and wife. They answered nothing.<br />
10. When I heard allegations that Sgt. Doble was being detained<br />
against his will, I set him apart, outside Bahay Pari, and then to San<br />
Carlos Seminary, and then asked him to tell me if he had indeed<br />
been detained against his will. In no way, whatsoever did he<br />
indicate that he was detained by anybody against his will. In fact, it<br />
would have been all to his advantage to say so if he had really been<br />
detained. And at that time he was free to just walk out of the gate if he<br />
had wanted to. Later on, he did leave with Bishop Socrates Villegas, who<br />
came in to intervene.<br />
11. While Sgt. Doble was away from Bahay Pari, Marietta Santos was<br />
asked to leave Bahay Pari. She told me that Sgt Doble texted her,<br />
asking her to leave because there might be some trouble. After<br />
ascertaining from her that she could safely leave, I had her<br />
accompanied to an exit gate. But be<strong>for</strong>e leaving, I interviewed her<br />
and she repeatedly affirmed that she and Sgt. Doble were not<br />
kidnapped. I got her to affirm the same in front of another priest<br />
42
and another witness. She was able to leave safely, escaping<br />
detection by government authorities.<br />
12. It was very clear to me from the beginning of his entry in Bahay<br />
Pari to the time that I last saw him in San Carlos Seminary after<br />
having brought him there myself that Sgt. Doble was not detained<br />
by Mr. Ong or other persons allied with him. In no way did Sgt<br />
Doble signify to me or to anybody else in Bahay Pari that he was<br />
being detained against his will. He willingly came and received<br />
sanctuary in Bahay Pari. The ones he seemed to be wary of were the<br />
government authorities.<br />
13. In his room Sgt. Doble was accompanied only by Marietta<br />
Santos. So far as I know there were no armed persons with him. In<br />
fact, according to two persons with me in Bahay Pari, Sgt. Doble was<br />
the one who had a gun which they saw. We had one or two security<br />
guards around the premises, not with Sgt. Doble, but their purpose<br />
was apparently to protect Mr. Ong and Sgt. Doble from intruders.”<br />
(emphasis supplied)<br />
Marieta Santos<br />
In her December 8, 2005 testimony be<strong>for</strong>e the Senate, Marieta Santos reaffirmed<br />
what she stated in her July 23, 2005 affidavit, corroborating the <strong>for</strong>egoing<br />
statements of Bishop Bacani, to the effect that she, T/Sgt. Doble, Angelito Santiago<br />
and Ong had voluntarily sought sanctuary at the San Carlos Seminary, and that it is<br />
not true that Ong had kidnapped Doble. She added that in fact she, Doble and<br />
Santiago had gone to San Carlos Seminary even ahead of Ong.<br />
Testimony of Marieta Santos, under oath, be<strong>for</strong>e the Senate Committee on<br />
National Defense and Security on December 8, 2005 -- confirming that she and<br />
ISAFP T/Sgt. Doble had voluntarily sought sanctuary at the San Carlos Seminary<br />
(after Ong’s expose of the Garci Tapes), thereby attesting to the falsity of the PNP<br />
charge that T/Sgt. Doble was kidnapped by Ong, and the baselessness of the warrant<br />
of arrest against Ong following his said expose --<br />
“SEN . LIM. ‘Yung sinasabing idinimanda si Dir. Sammy Ong ng<br />
kidnapping o grave coercion, noong kayo ba ay pumunta sa San<br />
Carlos Seminary, pinilit ba si Sergeant Doble at ikaw na<br />
pumunta sa San Carlos Seminary?<br />
MS. SANTOS. Hindi po, kusang loob po kaming nagpunta ng loob ng<br />
seminaryo.<br />
SEN. LIM. Magkakasabay ba kayong pumunta sa San Carlos<br />
Seminary o sino ang nauna?<br />
43
MS. SANTOS. Nauna po kami nina Lito Santiago po, si Technical<br />
Sergeant Vidal Doble at saka po ako, nauna po kami kay Atty.<br />
Sammy Ong.<br />
(tsn, Senate Committee on National Defense and Security,<br />
December 8, 2005, pages 1-2; 5; 7; III-1, 10:24 a.m.; emphasis<br />
supplied)<br />
The transcripts further show Marieta Santos' explanation under oath to the<br />
Senate as to the reason why Doble later retracted his videotaped admission (that he<br />
was the source of the Garci Tapes, taken by Ong at the Imperial Palace Hotel) – i.e.,<br />
the fact (according to his wife) that ISAFP had taken his wife and two children into<br />
custody as leverage.<br />
Testimony of Marieta Santos, under oath, be<strong>for</strong>e the Senate Committee on<br />
National Defense and Security, on December 8, 2005 -- attesting to the veracity of<br />
Doble's admission in his videotape (taken by Ong) that he is the source of the Garci<br />
Tapes, and explaining that the reason <strong>for</strong> Doble's recantation thereof was the fact that<br />
ISAFP had taken custody of his family --<br />
"SEN. LIM. Ngayon, magbalik tayo sa paggawa nitong video clip, saan<br />
ba ginawa ‘yan?<br />
MS. SANTOS. Sa Imperial Palace po.<br />
SEN. LIM. Saan ba ‘yung Imperial Palace?<br />
MS. SANTOS. Sa may Tomas Morato po, Quezon City.<br />
xxx xxx xxx<br />
SEN. LIM. Sino ang gumawa? Sinong kumuha?<br />
MS. SANTOS. Sina Lito Santiago po.<br />
xxx xxx xxx<br />
SEN. LIM. Lito Santiago.<br />
MS. SANTOS. Si Wilson po, ‘yun Chinese looking guy.<br />
xxx xxx xxx<br />
SEN. LIM. Wilson. More or less, anong nilalaman nito? Dangan kasi<br />
maaaksaya ang panahon natin kung ipalalabas pa natin diyan, at<br />
bakit kinunan?<br />
MS. SANTOS. Kaya po nagkaroon niyan dahil ayaw pa pong lumabas<br />
sana ni Jeff—Technical Sergeant Vidal Doble sa TV gusto niya<br />
diyan muna para sabihin ‘yung totoo na isa siya sa nag-wiretap.<br />
Sa pagkakaalala ko galing po talaga ‘yan sa tape.<br />
SEN. LIM. Samakatuwid ang nilalaman nitong tape na ito ay ‘yung<br />
pag-amin ni Technical Sergeant Vidal Doble na siya talaga ang<br />
nag-wiretap?<br />
44
MS. SANTOS. Opo.<br />
…<br />
SEN. LIM. Bakit biglang nabaligtad ang pangyayari nung<br />
mapasakamay si Sergeant Doble ng ISAFP iba na ang kanyang<br />
dinedeklara na siya ay pinilit, na diumano hindi sa kanya<br />
galing ‘yung tape. Alin ba ang totoo?<br />
MS. SANTOS. Ang totoo po sa kanila nanggaling iyong tape. Kaya<br />
po siya bumaligtad dahil hinawakan po ng ISAFP ‘yung<br />
pamilya niya, kinuha po sa Kidapawan City.<br />
SEN. LIM. Ang ibig mo bang sabihin ‘yung pamilya ni Sergeant Doble<br />
ang hinostage ng ISAFP kaya siya bumaligtad?<br />
MS. SANTOS. Hindi ko po alam kung “hostage” ang tawag doon<br />
basta kinuha po nila sa Kidapawan ‘yung asawa niya at saka<br />
‘yung dalawang anak at dinala dito sa Quezon City, diyan sa…<br />
(pages 3-4, V-1, 10:44 a.m.; emphasis supplied)<br />
SEN. LIM. Eh itong huling pag-uusap ninyo, ‘yong kaninang sinabi<br />
mo na – ano ‘yong sinabi ni Sergeant Doble sa iyo?<br />
MS. SANTOS. Gusto n’ya na pong lumabas kaso natatakot po siya<br />
baka daw po walang sumuporta sa kanya at saka sa pamilya<br />
niya.<br />
SEN. LIM. Mayroon bang nananakot sa kanya sa ISAFP?<br />
MS. SANTOS. Takot din po siya kasi hindi daw po sila pinapayagan<br />
na lumabas. ‘Yong huli po na nag-uusap kami, ang sabi n’ya<br />
sa akin, kung bibigyan uli tayo ng pagkakataon nai-invite sa<br />
Congress, ‘yong nandoon ka, si Atty. Sammy Ong at saka si<br />
Lito Santiago, at saka si Technical Sergeant Vidal Doble, doon<br />
daw po magsasabi na siya ng totoo.<br />
SEN. LIM. Ah, samakatuwid, nuong tumestigo siya sa Kongreso, ay<br />
hindi siya nagsabi ng katotohanan?<br />
MS. SANTOS. Opo.<br />
SEN. LIM. Kasinungalingan ‘yong kanyang testimony?<br />
MS. SANTOS. Opo. (pages 4-7, IV-1, 10:34 a.m.; emphasis supplied)<br />
Michaelangelo Zuce<br />
Apart from the <strong>for</strong>egoing, there is the Senate testimony of Michaelangelo Zuce,<br />
nephew-in-law of Garcillano himself and staff of Presidential Adviser Rufino,<br />
categorically attesting to the genuineness of the Garci Tapes, even identifying the<br />
45
wiretapped cellphone that he personally delivered to Garcillano <strong>for</strong> the latter’s use as<br />
having come from Bong Pineda, which he picked up from Baby Pineda at the latter’s<br />
Greenhills residence, already installed with a “SIM” card establishing the “hotline”<br />
between Garcillano, Bong Pineda, President Arroyo and other politicians, and<br />
identifying his own voice and nickname (“Louie”) and the voices of Garcillano and<br />
President Arroyo when the Garci Tapes were played.<br />
Testimony of Michaelangelo Zuce under oath be<strong>for</strong>e the joint hearing of the<br />
Senate Committee on Public Order and Illegal Drugs, Committee on Games,<br />
Amusement and Sports, Committee on Constitutional Amendments, Revision of<br />
Codes and Laws, and Committee on Finance on August 3, 2005<br />
“SEN. LACSON. …PGMA or other personalities? Are you, in fact,<br />
testifying to the authenticity of the wiretapped<br />
conversations?<br />
MR. ZUCE. Opo.<br />
SEN. LACSON. This is very important, Mr. Chairman, because to my<br />
knowledge, Mr. Zuce is the first and only person so far that<br />
has come out to authenticate the wiretapped conversation.<br />
So I would like to put that on record, Mr. Chairman.” (ibid., p.<br />
249; emphasis supplied)<br />
“THE CHAIRMAN. …So, may we now ask Mr. Zuce. Mr. Zuce, be<strong>for</strong>e<br />
we play the tapes, ano ba ang nalalaman po ninyo dito sa isyu<br />
ng wiretapping, ‘yong telepono, halimbawa, kanino galing<br />
‘yon, kanino ibinigay ‘yon?<br />
MR. ZUCE. ‘Yong isang gamit na phone po ni Commissioner<br />
Garcillano which is tinawagan po niya ako to pick up the<br />
cellular phone na bigay po ni Bong Pineda. Sabi niya tawagan<br />
ko daw po si Ms. Baby Pineda kung paano ko makuha ‘yong<br />
phone which she instructed me to go to their house in<br />
Greenhills. So noong pumunta na po ako doon to pick up the<br />
cellular phone sa secretary niya, doon po nakuha namin ‘yong<br />
phone. And then I noticed, ang sabi po sa akin it’s brand new<br />
daw ‘yong cellular phone. So, noong pinikup (pick up) ko na,<br />
bukas na po ‘yong box. So, tapos parang may ginalaw na sila<br />
doon. So, tinanong ko kasi baka sabihin sa akin na<br />
pinakialaman ko ‘yong phone sabi ko, “Bakit ho bukas na<br />
ito?” Ang sabi sa akin ng secretary, “Bukas na ‘yan, nilagyan<br />
na namin ng sim card. So, kinuha na rin namin ‘yong<br />
number. So, doon po nagtapos and then I bring the cellular<br />
phone to Commissioner Garcillano at his office. Doon ko po<br />
dinala.<br />
THE CHAIRMAN. May sim card na?<br />
46
MR. ZUCE. Mayroon na po. Mayroon na po.<br />
THE CHAIRMAN. Ang ibig sabihin alam na kung ano ‘yong number<br />
noong kinuha na ‘yon?<br />
MR. ZUCE. Kinuha na po nila ‘yong number.<br />
THE CHAIRMAN. So, ito ay sa iyo inabot ni…<br />
MR. ZUCE. Noong secretary po sa…<br />
THE CHAIRMAN. Secretary ni?<br />
MR. ZUCE. Doon sa bahay po nila mismo, sir, ni Ginoong Pineda.<br />
THE CHAIRMAN. Ginoong Pineda.<br />
MR. ZUCE. Sa Greenhills po.<br />
THE CHAIRMAN. At ang instructions sa iyo ay saan dadalhin ang<br />
telepono na ‘yon?<br />
MR. ZUCE. Actually po inutusan po ako ni commissioner to call Baby<br />
Pineda kasi may ibibigay po daw na cell phone. So, tinawagan ko<br />
si Mrs. Pineda and then she instructed me to go to their house at<br />
Greenhills and then kunin ko daw po ‘yong cell phone doon sa<br />
secretary nila which ‘yon po doon ko…<br />
THE CHAIRMAN. So, binigay ito sa iyo noong secretary?<br />
MR. ZUCE. Opo. Opo.<br />
THE CHAIRMAN. Saan mo ngayon dinala ‘yan cell phone na ‘yan?<br />
MR. ZUCE. Dinala ko po kay Commissioner Garcillano, sa opisina po.”<br />
(page 5, VIII-2, 12:59 p.m.; emphasis supplied)<br />
“THE CHAIRMAN. Okay. Noong ibinigay mo kay Commissioner<br />
Garcillano, mayroon ba siyang instructions sa iyo? Mayroon<br />
bang sinabi sa iyo?<br />
MR. ZUCE. Yes, Your Honor.<br />
THE CHAIRMAN. Ano?<br />
MR. ZUCE. Ang sabi po niya ‘yon daw po ‘yong gagamitin nila, kung<br />
baga hotline ho nila.<br />
THE CHAIRMAN. ‘Yong hotline nila. Sinong “nila?”<br />
47
MR. ZUCE. Sila po ni GMA, Bong Pineda. Basta ‘yon pong mga<br />
higher na – ‘yong higher po na mga…minsan mga politicians<br />
po<br />
THE CHAIRMAN. Mga politicians.<br />
MR. ZUCE. Importanteng tao kung baga.” (ibid., p. 4-5, I-3, 1:09 p.m.;<br />
emphasis supplied)<br />
“THE CHAIRMAN. Hindi mo matandaan. Okay, proceed.<br />
VOICE 1. Liligaw tayo kay…<br />
VOICE 2. Oo kay…<br />
VOICE 1. Naka-suspend kami at nakikipag-usap.<br />
Sabi ko nga kay … o sige kung nag-aalangan<br />
ka, i-a-assume ko sa iyo makaka-deliver ‘yan<br />
basta kung may usapan kayo.<br />
VOICE 2. Oo nga. At saka hindi naman yata sa akin.<br />
VOICE 1. Eh na-kanino ba? Iniipit yata nu’ng press<br />
natin. Patingnan mo nga.<br />
VOICE 2. Hindi, ‘yung press okay ‘yung press.<br />
Kaibigan ko naman ‘yan. Hindi ko<br />
alam kung nasaan.<br />
VOICE 1. Kunin n’yo na raw.<br />
VOICE 2. Baka tumawag din kaya sa iyo sabihin<br />
mo nagkausap na tayo ha.<br />
VOICE 1. Hindi kaibigan ko ‘yun.<br />
VOICE 2. Okay. Okay.<br />
SEN. EJERCITO ESTRADA (J). Mr. Chairman.<br />
THE CHAIRMAN. Senator Estrada.<br />
SEN. EJERCITO ESTRADA (J). Mr.Zuce, boses ba ni Garcillano’yun?<br />
MR. ZUCE. Opo.<br />
SEN. EJERCITO ESTRADA (J). Alam mo kung sino ang kausap niya?<br />
MR. ZUCE. Hindi ko po masiguro.<br />
SEN. EJERCITO ESTRADA (J). Hindi mo ma-identify?<br />
MR. ZUCE. Oho.<br />
SEN. EJERCITO ESTRADA (J). Pero siguradong-sigurado ka na boses ni Garci.<br />
MR. ZUCE. Opo.” (ibid., p. 4-5, I-3, 1:09 p.m.)<br />
48
“Male: Hello.<br />
Female: Hello.<br />
Male: Good evening, ma’am. Good evening.<br />
Female: Oo. The FPJ camp raw will file a case against the Board<br />
of Canvassers of ano, duon sa Marawi and the military.<br />
Male: Ano ma’am?<br />
Female:The FPJ camp raw…<br />
Male: Oo.<br />
Female: …will ano, will file a case raw against the Board of<br />
Canvassers and the military in Marawi.<br />
Male: Hindi naman ho siguro nila maaano ang ating Board of<br />
Canvassers. Pero ang military kasi si Gudani, sa kanila<br />
si Gudani. I do not know why they will file.<br />
Female: Oo, oo.<br />
Male: Sa kanila si Gudani, ma’am.<br />
Female: Oo.<br />
Male: That’s why I have to work with General Esperon and<br />
General Kyamko…<br />
Female: Oo, oo.<br />
Male: …na at that time, pinalitan namin si Gudani <strong>for</strong> awhile.<br />
Female: Oo, oo.<br />
Male: Kaya kwan, pero bakit nila pa-file-an ang mga military<br />
na sa kanila lahat. Halos ayaw na ngang mag-give way<br />
sa amin ang mga tao.<br />
Female: Oo, oo. Meron…”<br />
SEN. EJERCITO ESTRADA (J). Mr. Chairman.<br />
THE CHAIRMAN. Senator Estrada.<br />
SEN. EJERCITO ESTRADA (J). Mr. Zuce, mukhang pamilyar na<br />
pamilyar yung boses ng babae na iyon at nag-iisang tinig lang<br />
iyon sa aking pagdinig. Sino ba iyong babae na iyon?<br />
MR. ZUCE. Hindi ba po humingi na po siya ng sorry?<br />
SEN. EJERCITO ESTRADA (J). Pwede mo ngang ma-identify kung<br />
sino iyon?<br />
MR. ZUCE. GMA po.<br />
SEN. EJERCITO ESTRADA (J). At ang kausap niya ay si Garci?<br />
MR. ZUCE. Commissioner Garcillano. (ibid., p. 5-6, II-3, 1:19 p.m.;<br />
emphasis supplied)<br />
49
Rey Sumalipao<br />
Finally, provincial election supervisor <strong>for</strong> Lanao del Sur Ray Sumalipao – who is<br />
incriminated in portions of the Garci Tapes, which portions Zuce authenticates --<br />
likewise affirmed the genuineness of the Garci Tapes to the Senate, as Sen.<br />
Panfilo Lacson had observed.<br />
… “And <strong>for</strong> the record again, Mr. Chairman, I would like to point out that<br />
he is the second person to confirm be<strong>for</strong>e this committee the<br />
authenticity of the Garci tapes, at least, to the portions as stated in his<br />
own affidavit. (tsn, hearing of Senate Committee on National Defense and<br />
Security, November 17, 2005; emphasis supplied)<br />
Except <strong>for</strong> what clearly appears to be trumped-up charges by the PNP against<br />
Ong, Rez Cortez and others <strong>for</strong> the kidnapping of ISAFP T/Sgt. Doble, the <strong>for</strong>egoing<br />
sworn verbal and written statements of Ong, Santos, Bishop Bacani and Zuce have<br />
not been contradicted. Neither, we see, has any of these persons' credibility or motives<br />
been put to doubt. 10 Sumalipao, on the other hand, may be likened to a hostile<br />
witness whose admissions, because against his interest, are not only credible but in<br />
fact binding upon him. Furthermore, we observe that the ISAFP has repeatedly denied<br />
its capability to wiretap (telephone conversations), only to subsequently admit that in<br />
fact it can.<br />
c. The Garci Tapes – contextual authentication<br />
Quite as importantly, witnesses have emerged to attest under oath, be<strong>for</strong>e<br />
government authorities, to the occurrence of just some of the kind of electoral<br />
anomalies referred to, described in, or implied in the Garci Tapes, such as<br />
manipulation of election results, pressure upon, bribery, intimidation and/or coercion<br />
of election officials, and pressure upon/utilization of military and government officials<br />
to slacken strict poll security that was precisely designed <strong>for</strong> clean, honest elections.<br />
We refer to the witnesses Marine Brigadier General Francisco Gudani, Marine<br />
Colonel Alexander Balutan, and Tipo-Tipo, Basilan election supervisor Rashma Hali.<br />
Garci Tapes reference to (Marine Brigadier General Francisco) Gudani – in which<br />
portions “Gary” 11 reports that he had in fact caused Gen. Gudani to be replaced with<br />
the help of General Kyamko and Col. Tereno 12 , in response to the concern of “Code<br />
10<br />
Despite the recent news that Zuce has been employed by Palawan City Mayor Edward Hagedorn <strong>for</strong> the Small<br />
Town Lottery program of the government, Zuce has not recanted any part of his Senate testimony, affidavit or media<br />
declarations.<br />
11<br />
It is public knowledge that it is Garcillano who is believed to be the man referred to as “Gary” in the Garci Tapes.<br />
12<br />
referring to Col. Pirino, as confirmed in the testimony of Marine Brig. Gen. Francisco Gudani on November 17,<br />
2005<br />
50
One” 13 that the FPJ camp will file a case against the Board of Canvassers and the<br />
military in Marawi --<br />
Garci Tape Excerpt 14<br />
“28 22:13H May 2004 TRT – 1:15<br />
Gary : Hello<br />
PGMA : Hello<br />
Gary : Good evening Maam, good evening.<br />
PGMA : Oo…the FPJ camp raw will file a case against the Board of<br />
Canvassers<br />
of ano, dun sa Marawi…<br />
Gary : Ma’am?<br />
PGMA : …and the Military?<br />
Gary : Ano Ma’am?<br />
PGMA : Ahh…the FPJ Camp raw…<br />
Gary : Uh-huh<br />
PGMA : …will ano, will file a case against the Board of Canvassers<br />
and the Military in Marawi.<br />
Gary : Hindi naman po nila maaano yung ating Board of<br />
Canvassers…pero ang military, kasi si Gudani…ah, sa kanila<br />
si Gudani. I do not know why they will file.<br />
PGMA : Oo, oo…<br />
Gary : Sa kanila si Gudani Ma’am, in fact…<br />
PGMA : Oo<br />
Gary : Ah, that’s why we have – I had to work with General<br />
Kyamko…na, at that time, pinalitan namin si Gudani <strong>for</strong> a<br />
while.<br />
PGMA : Oo, oo<br />
Gary : Kaya kwan, pero bakit nila pafile-filan yun mga military na, sa<br />
kanila lahat? Halos ayaw na nga mag-give way sa amin ng<br />
mga<br />
tao.<br />
PGMA : Oo, oo<br />
Gary : Uh, pero sa Board of Canvassers, Ma…<br />
PGMA :Ah, meron silang – meron silang pinakidnap… (line cut)”<br />
(emphasis supplied)<br />
Garci Tape Excerpt<br />
“Conversation between Gary and Gene on 081325 Hotel, June 2004.<br />
13<br />
It is public knowledge that it is President Gloria Macapagal-Arroyo who is believed to be the woman referred to as<br />
“Code One” in the Garci Tapes.<br />
14 from the VCD of excerpts of the Garci Tapes submitted to the CCTA on November 23, 2005 by CCTA witness,<br />
expert sound engineer Jaime Sarthou (according to him, as downloaded by him from the PCIJ website) [hereafter,<br />
the “Sarthou VCD”]<br />
51
GENE. Boss, nakatanggap ako ng certification ngayon dito galing sa<br />
mga bata natin sa Lanao. Nag-failure na naman pala dahil<br />
kay Butani.<br />
Putang-ina, sino ba iyong Butani? Bakit…<br />
GARY. Iyon ang pinaalis ko.<br />
GENE. Oo nga, bakit nandoon na naman, papaano ito? Putang ina,<br />
tarantado talaga ‘to.<br />
GARY. Oo, pinaalis ko iyan eh, pero after three days after elections<br />
bumalik man diyan. Ang nandiyan si Colonel Tereno thru<br />
Gen. Tiron at saka si Gen. Quiamco.<br />
GENE. Eh ano ba and gagawin ko, gagawan ko ba ng memo o<br />
ipapaschedule? Paano, gagawa ako ng memo sa inyo.<br />
GARY. Pa-reschedule natin. … /lpp<br />
GENE. Gagawa ako ng ano ha.<br />
GARY. Oo, para sa commission en banc.” (emphasis supplied)<br />
Testimony of Marine Brigadier General Francisco Gudani under oath be<strong>for</strong>e the<br />
Senate Committee on National Defense and Security on September 28, 2005 –<br />
affirming pertinent references in the Garci Tapes – attesting to how he was<br />
unceremoniously pulled out of his mission of ensuring clean elections in Marawi,<br />
Lanao del Sur <strong>for</strong> no valid reason at all at the height of the counting of votes<br />
days after the May 10, 2004 national elections, thus directly corroborating the<br />
pertinent contents of the Garci Tapes –<br />
“[CHAIRMAN] So, the first resource person that will be asked to deliver<br />
an opening statement is Brigadier General Francisco Gudani,<br />
Armed Forces of the <strong>Philippine</strong>s, Marines.<br />
You may proceed, General.<br />
“MR. GUDANI. Good morning, sir, Mr. Chairman, Your Honors.<br />
I’d like to read a prepared affidavit as my opening statement.<br />
I, Brigadier General Francisco B. Gudani, AFP, of legal age,<br />
married, Filipino Citizen, residing at Fort Del Pilar, Baguio City,<br />
after having been duly sworn in accordance with law, do hereby<br />
depose and state:<br />
1. For the past few months my conscience has bothered me <strong>for</strong><br />
being silent despite of the fact that there were very vital issues of<br />
national importance that have been the cause of national<br />
controversy. Said controversy has divided our people to include<br />
the Armed Forces of the <strong>Philippine</strong>s. But because I believe that<br />
truth and justice always prevail, and that it is my duty first and<br />
<strong>for</strong>emost as a Christian and a good citizen to let the public known<br />
the truth today.<br />
52
I come in compliance of a Senate summon to appear be<strong>for</strong>e this<br />
august body. And I would like to make it as an attachment, Mr.<br />
Chairman, sir, the letter.<br />
xxx xxx xxx<br />
I come in compliance of a Senate summon to appear be<strong>for</strong>e this<br />
august body in order to manifest and truthfully declare what I<br />
known in my capacity as the <strong>for</strong>mer commander Joint Task Force<br />
Lanao.<br />
Last night while I was preparing <strong>for</strong> my appearance in the Senate<br />
Committee, my cell phone was ringing continuously because of<br />
calls coming from several people discouraging me to appear in<br />
this investigation. In fact, I am saddened to in<strong>for</strong>m you that<br />
there were high government officials who tried to intervene<br />
through the chain of command in order to prevent me from<br />
appearing in this committee. And may I also, Mr. Chairman,<br />
Your Honor, sir, make as an attachment this AFP message <strong>for</strong>m<br />
given to me at 1:00 a.m. this morning. And may I read be<strong>for</strong>e<br />
this august body, Mr. Chairman, Your Honor please.<br />
THE CHAIRMAN. Please proceed, General.<br />
MR. GUDANI. From the Chief of Staff, Armed Forces of the<br />
<strong>Philippine</strong>s to the Superintendent, PMA, AFP. Info-Ola, AFP.<br />
Per instruction of her excellency, PGMA. No AFP personnel<br />
shall appear be<strong>for</strong>e any congressional or senate hearing<br />
without her approval. In<strong>for</strong>m General Francisco Gudani and<br />
Colonel Alexander Balutan accordingly.<br />
Signed: Major Aaron CDO, Colonel Corpuz, CDO.<br />
Notwithstanding, <strong>for</strong> love of God and country, I am<br />
appearing here to tell you and the sovereign people, whom we<br />
have sworn to serve and protect, the truth, the whole truth,<br />
and nothing but the truth.<br />
First of all, I would like to in<strong>for</strong>m the Senate committee<br />
that the conversation in the Garci tape pertaining to a general<br />
who was ordered to leave his assignment during the very<br />
critical time when he was badly needed by his unit during the<br />
counting of votes of the recent national elections is<br />
absolutely true. If I may quote the conversation in the Garci<br />
tape.<br />
This is the conversation, Your Honors, Mr. Chairman, to wit:<br />
‘Conversation between a man and a woman on 28 22:30 May 2004’<br />
53
GARY. Hello, good evening Ma’am.<br />
GMA.<br />
Hello. The FPJ camp raw will file a case against the board<br />
of canvassers of ano, doon sa Marawi and the military?<br />
GARY. Ano, Ma’am?<br />
GMA. The FPJ camp raw will file a case against the board of<br />
canvassers and military in Marawi.<br />
GARY. Hindi naman po siguro nila maaano ‘yong ating board<br />
of canvassers. Pero ang military, si Gudani, sa kanila<br />
si Gudani. I do not know why they will file.<br />
GMA. Oo, oo.<br />
GARY. Sa kanila si Gudani, ma’am. In fact, I have to work<br />
with General Estaron and General Quiamco at that<br />
time. Pinalitan nga si Gudani <strong>for</strong> a while. Kaya<br />
kuwan. Pero bakit nila ipa-paylan (file) ang military, nasa<br />
kanila lahat. Halos ayaw na nga mag-give way sa amin<br />
ang mga tao.’<br />
Conversation between Gary and Gene on 081325 Hotel, June<br />
2004.<br />
GENE. Boss, nakatanggap ako ng certification ngayon dito<br />
galing sa mga bata natin sa Lanao. Nag-failure na<br />
naman pala dahil kay Butani. Putang-ina, sino ba<br />
iyong Butani? Bakit…<br />
GARY. Iyon and pinaalis ko.<br />
GENE. Oo nga, bakit nandoon na naman, papaano ito?<br />
Putang ina, tarantado talaga ‘to.<br />
GARY. Oo, pinaalis ko iyan eh, pero after three days after<br />
elections bumalik man diyan. Ang nandiyan si<br />
Colonel Tereno thru Gen. Tiron at saka si Gen.<br />
Quiamco.<br />
GENE. Eh ano ba ang gagawin ko, gagawan ko ba ng memo<br />
o ipapaschedule? Paano, gagawa ako ng memo sa<br />
inyo.<br />
GARY. Pa-reschedule natin. … /lpp<br />
GENE: Gagawa ako ng ano ha.<br />
GARY: Oo, para sa commission en banc.’<br />
Paragraph 3. That conversation pertaining to a general<br />
who was relieved of his position <strong>for</strong> merely doing his duty of<br />
seeing to it that there should be an honest, clean and fair<br />
election is absolutely true.<br />
Why do I say this, Mr. Chairman, Your Honor? It is<br />
because I am that general. For a long time, I have been trying<br />
to figure out why I was relieved of such position <strong>for</strong> several<br />
days, why I was called to Manila by my superiors, being<br />
instructed to stay <strong>for</strong> one week, play golf during times when<br />
54
all armed <strong>for</strong>ces unit commanders were on red alert without<br />
giving me a relevant task to do during those days when<br />
counting of votes during the 2004 national election was being<br />
done. It is incomprehensible and illogical that I would be asked to<br />
leave my unit when my presence as a commander was very<br />
material. Like a jigsaw puzzle, I was able to resolve the enigma<br />
when I was able to talk with a classmate from the <strong>Philippine</strong><br />
Military Academy who is now occupying also a top-level<br />
position in the Armed Forces of the <strong>Philippine</strong>s. He in<strong>for</strong>med<br />
me by saying that after a lot of money has been given to<br />
concerned individuals <strong>for</strong> them to deliver the necessary votes<br />
in favor of President Gloria Arroyo and also my classmate told<br />
me that Garcillano asked the provincial election supervisor of<br />
Lanao del Sur, Recio Malipao 15 if he could rig the election in<br />
the place. Sumalipao, he could not rig the election with<br />
Gudani around. All that I could say is that I did my best to do<br />
my duty as a professional soldier so that the task given to us<br />
to preserve the sanctity of the ballot would be per<strong>for</strong>med. I<br />
saw to it that this mission has been communicated to my<br />
subordinate commanders, one of which – one of whom is present<br />
here, the battalion commander of the 7 th Marine Battalion, Colonel<br />
Balutan. And I saw overtly and covertly. Ironically, what I got in<br />
return was an order of relief from my post. What they did<br />
worst is that I was replaced by an army colonel in spite of the fact<br />
that almost all members of then joint task <strong>for</strong>ce Lanao were<br />
marine soldiers.<br />
I strongly feel that there was injustice committed in this<br />
aspect. As what I have said, I’m ready to tell the truth, the whole<br />
truth and nothing but the truth in this investigation because I<br />
believe that the truth shall set us free.<br />
And may I add, Mr. Chairman, Your Honors. I’m<br />
appearing here carrying the name of the Military Christian<br />
Fellowship <strong>Philippine</strong>s where I am the president. Meaning,<br />
this organization is the – is composed of all born-again<br />
committed Christians in the Armed Forces of the <strong>Philippine</strong>s<br />
praying <strong>for</strong> me at this moment. At the same time also, I’m also<br />
carrying the name of our church, Christ Commission<br />
Fellowship, its pastors, our brothers and sisters, all<br />
committed born-again Christians praying <strong>for</strong> me to tell this<br />
august body the whole truth, the truth and only nothing but<br />
the truth.<br />
15<br />
referring to Rey (or Ray) Sumalipao, provincial election supervisor <strong>for</strong> Lanao del Sur (based on a later portion of<br />
this testimony as well as his (Gudani’s) affidavit dated September 28, 2005, submitted to the Senate Committee on<br />
National Defense an Security on September 28, 2005, and the testimony of Marine Col. Alexander Balutan be<strong>for</strong>e the<br />
same Senate Committee on September 29, 2005)<br />
55
I would like to personally say and quote the Bible, `I<br />
would rather obey God rather than men.’<br />
Mr. Chairman, Your Honors, I’m also here in our capacity<br />
– in my capacity as the assistant superintendent of the<br />
<strong>Philippine</strong> Military Academy where we teach the cadets the<br />
honor code, that the cadet does not cheat, does not steal,<br />
does not lie nor tolerate any of these three. I would not have<br />
the courage to face the cadets when I myself will not tell the<br />
truth.<br />
I sign thus statement, Mr. Chairman, Your Honor, sir, and<br />
I’m willing to have this notarized.<br />
THE CHAIRMAN. Administered na. May I ask the…<br />
SEN. ENRILE. You have already taken an oath and that is part…<br />
THE CHAIRMAN. That is carried, yes.<br />
SEN ENRILE. … of your statement under oath, General.”<br />
xxx xxx xxx<br />
SEN. LACSON: When you mentioned about or you quoted certain<br />
portions of the conversations between PGMA and Commissioner<br />
Garcillano, you mentioned “Gary” referring, of course, to<br />
Commissioner Garcillano. Is that correct, General Gudani?<br />
GUDANI. Yes, sir, Your Honor.<br />
SEN. LACSON. Noong sinabi rito na “Sa kanila si Judani” – of<br />
course, Judani, clearly, si Commissioner Garcillano was<br />
referring to you – ano’ng basis ng kanyang statement? Was<br />
that a conclusion or was there some basis <strong>for</strong> saying or<br />
reporting to the President na “Sa kanila si Judani or Gudani?”<br />
What can you say about that?<br />
MR. GUDANI. Mr. Chairman, Your Honor, in all of honesty, I do not<br />
know Commissioner Garcillano can say this that “Sa kanila si<br />
Judani ma’am.” The entire officers and men of the 1 st Marine<br />
Brigade conclude that the people of Lanao del Sur are all<br />
witnesses on how we were only doing our job as marines. This<br />
is this first time a marine brigade is being assigned, sir, in the<br />
Lanao del Sur area and that is why my clear instructions to<br />
everybody was really to have a clean, honest, peaceful, fair<br />
election. We even asked all the candidates or the Comelec offials<br />
where they want the canvassing to be done when they decided<br />
that the canvassing will be done at the town center, it was a<br />
nightmare <strong>for</strong> us to protect and to provide the security but<br />
nonetheless, we have to do it.<br />
56
We were receiving complaints from all parties because<br />
our men were very strict. We only obey the instructions of<br />
the Comelec that we will only allow as many watchers inside<br />
the canvassing center. And it was on the third day, May 12 –<br />
on May 12 of 2004, Your Honors, sir, that I was told to go to<br />
Manila and by then I did not know the reason. It was only<br />
now, sir, as I have stated in my opening statement, that it<br />
was only lately when I found about why they had to junk me<br />
out of the place.<br />
xxx xxx xxx<br />
SEN ENRILE. You said somebody told you to go to Manila. Who was<br />
that, General?<br />
xxx xxx xxx<br />
MR. GUDANI. Your Honors, sir, actually, there were two of them,<br />
General Quiamco and Admiral De Leon, the then flag officer in<br />
command.<br />
SEN. ENRILE. But were you – did you not argue with them that you are<br />
beyond their jurisdiction, you were under the jurisdiction of the<br />
Commission on Election? During that time, all military personnel<br />
were deputized by the Commission on Election and you are<br />
subject to their control and command.<br />
MR. GUDANI. Your Honors, sir, I was not able to argue with them.<br />
SEN. ENRILE. And the Commission on Election did not object that you<br />
were being knocked out from your place of work as deputy of the<br />
Commission on Election during an election time? The<br />
Commission on Election did not say anything at all?<br />
MR. GUDANI. I have no knowledge about it, Your Honor, sir.”<br />
SEN. ENRILE. I think we should call the Commission on Election in due<br />
time.<br />
THE CHAIRMAN. Noted, Your Honor, and there are other personalities<br />
that will be subsequently invited.<br />
xxx xxx xxx<br />
SEN. OSMEÑA. Didn’t the tape mention that it was the Commission on<br />
Election or Garcillano himself who asked <strong>for</strong> the relief of General<br />
Gudani?<br />
THE CHAIRMAN. It was the tape.<br />
SEN. OSMEÑA. It was on tape. Maybe we should call Garcillano to<br />
explain.<br />
SEN. LACSON. We will. We will.<br />
xxx xxx xxx<br />
57
SEN. LACSON. Yes, going back to my question and to your answer. In<br />
other words, conclusion ni Garcillano na dahil hindi ka<br />
sumusunod sa mga pinag-uutos nila, in spite of overwhelming<br />
pressure, ang conclusion niya doon ka na agad sa kabila. He did<br />
not even bother to conclude that you were just being nonpartisan.<br />
As an officer of the Armed Forces of the <strong>Philippine</strong>s, as a<br />
deputy of the Comelec, pag hindi ka sa kanila, ang conclusion nila<br />
doon ka sa kabilang kampo. Is that a correct observation, General<br />
Gudani?<br />
MR. GUDANI. Probably so, Your Honor, sir.<br />
SEN. LACSON. Were you actually relieved of your – by the way, aside<br />
from being a brigade commander, ano pa ba ‘yong ibang duty or<br />
duties mo doon sa Lanao or sa Mindanao?<br />
MR. GUDANI. Mr. Chairman, Your Honor, sir, as I’ve stated in my<br />
opening statement, I was concurrently or – I think I did not<br />
mention – I was concurrently the commander of the Joint Task<br />
Force Lanao, an organization which is a creation of southern<br />
command under Lieutenant General Quingco then. With the Joint<br />
Task Force Lanao, the two provinces of Lanao Norte and Lanao<br />
Sur were placed under my operational control. But barely a<br />
month be<strong>for</strong>e election, control of Lanao del Norte was given to the<br />
4th Infantry Division under General Bagasin. So, I was left with<br />
only one province which is Lanao del Sur. And so, it is very<br />
ironical that even if Joint Task Force Lanao was a creation of<br />
southcom, <strong>for</strong> all intense and purposes, the only unit remaining<br />
under Joint Task Force Lanao then was the 1 st Marine Brigade.<br />
And so, when I was – Your Honor, sir, …. /plm<br />
MR. GUDANI. … Your Honor, sir, Mr. Chairman, they say I was not<br />
relieved. I say yes and no. I was not relieved…<br />
SEN. LACSON. Yeah, why is that?<br />
MR. GUDANI. Yes, sir, Your Honor. I was not relieved because there<br />
was no relieved order. But I say yes, I was relieved because there<br />
was an order replacing me by a certain Colonel Perino of the<br />
<strong>Philippine</strong> Army.<br />
xxx xxx xxx<br />
THE CHAIRMAN. Yes. And you were pulled out, I would not say<br />
relieved, when you were pulled out from the area as Brigade<br />
Commander, who replaced you as Brigade Commander?<br />
xxx xxx xxx<br />
MR. GUDANI. Mr. Chairman, sir, Colonel Cesario Atienza who was them<br />
my Deputy Brigade Commander was the one working with Colonel<br />
Perino.<br />
THE CHAIRMAN. What was the role of Colonel Perino…<br />
58
xxx xxx xxx<br />
MR. GUDANI. He was designated, sir, as the OIC, Officer-in-Charge of<br />
Joint Task Force in my absence.<br />
xxx xxx xxx<br />
THE CHAIRMAN. Right. You were replaced by Colonel Perino as<br />
commander of the task <strong>for</strong>ce but not as commander of the<br />
brigade?<br />
MR. GUDANI. Yes, sir, Mr. Chairman.<br />
THE CHAIRMAN. Did you feel that without the relieve orders, you still<br />
were responsible <strong>for</strong> the brigade? In the absence of a <strong>for</strong>mal<br />
relieve order. What if your brigade got intro trouble, ambush,<br />
attack or simply fail to per<strong>for</strong>m their duty. Who would have been<br />
held responsible considering that there was no written order to<br />
relieve you as brigade commander?<br />
MR. GUDANI. Mr. Chairman, Your Honors, that was the very reason, sir,<br />
why as per verification from my executive diary persisted or<br />
insisted that I should be sent back immediately. I arrived Manila<br />
12 May. I reported to the then Commandant General Teodocio<br />
who accompanied me to the quarters of Admiral de Leon where I<br />
was told to spend one week or about ten days in Manila, play golf,<br />
go to Boracay..<br />
THE CHAIRMAN. It was …it was an order RNR?<br />
MR. GUDANI. Sort of, Mr. Chairman.<br />
xxx xxx xxx<br />
MR. GUDANI. As I was said – as I have said, 12 May I was sent to<br />
Manila. Ten days after, I cannot question then the Flag Officer in<br />
command because my command – my immediate commander was<br />
there.”<br />
THE CHAIRMAN. Yes.<br />
MR. GUDANI. So I asked him, “Sir, what is my offense?” And he said,<br />
“None”. “Wala pala, sir, eh”…<br />
SEN. LACSON. Sino…..?<br />
MR. GUDANI. General Teodocio.<br />
SEN. LACSON. Teodocio.<br />
MR. GUDANI. “Wala pala, sir, eh. Why are you allowing this to happen<br />
to me?” In my opinion, sir, if you do this to my subordinate<br />
commander, you have to kill me first. Relieving my subordinate<br />
commander without my approval, you’ll have to kill me first. And<br />
that is how…<br />
59
THE CHAIRMAN. That happened to me many times in the past.<br />
MR. GUDANI. I understand, Mr. Chairman.<br />
THE CHAIRMAN. Okay, proceed.<br />
MR. GUDANI. And that is why I insisted many times to go back because<br />
I note, Mr. Chairman, Your Honor, sir, that in the absence of a<br />
relief order, I am still responsible whatever First Marine Brigade<br />
then will do or fail to do.<br />
xxx xxx xxx<br />
SEN. ENRILE. Lieutenant Admiral de Leon still in the service?<br />
THE CHAIRMAN. He is still the Flag Officer in command, Your Honor.<br />
General, were you approached by anyone, probably advised,<br />
ordered, influenced to commit certain acts that you might think as<br />
violative of your sworn duty in relation to your tasks as<br />
commander of the First Marine Brigade, commander of the Task<br />
Force? Did anyone? Because I am still in the dark. Pano nilang<br />
nasabi na, “Si Gudani, sa kabila yan”. Mayroon ka bang ginawa<br />
that would have caused them to made that conclusion? Mayroon<br />
bang instructions, orders, influence, suggestions, advise, whatever<br />
it is <strong>for</strong> you to commit or not to act on certain matters that might<br />
have made them made that conclusion, General?<br />
MR. GUDANI. Mr. Chairman, Your Honor, I don’t recall anybody<br />
approaching me to commit such illegal act but the only thing I can<br />
recall was the only reason I can think of why they say thus to me<br />
is perhaps when I start to question then or to inquire from the<br />
Provincial Elections Supervisor Rey Sumalipao who, I believe, is<br />
my – I was only taking orders from him because…<br />
THE CHAIRMAN. Being the provincial Elections Officer?<br />
MR. GUDANI. Yes, Mr. Chairman.<br />
THE CHAIRMAN. Yes. Please proceed.<br />
MR. GUDANI. In spite to so many meetings and conferences we had with<br />
the municipal COMELEC candidates, but then, Provincial Election<br />
Supervisor Sumalipao two or three days be<strong>for</strong>e election, he was<br />
changing so many policies about the clustering centers, the<br />
assignment of DELs in the municipalities. And so, there were so<br />
many complaints from the candidates and from the COMELEC<br />
officials and I was telling him, because I noticed he was taking<br />
orders from Garcillano. And asked him…<br />
THE CHAIRMAN. Garcillano is his immediate superior.<br />
60
MR. GUDANI. Mr. Chairman, I am arriving at that.<br />
THE CHAIRMAN. Is Garcillano the immediate superior of Sumalipao?<br />
MR. GUDANI. That was my…<br />
THE CHAIRMAN. Sige, please proceed.<br />
MR. GUDANI. That was my question to him, Mr. Chairman, Your Honor,<br />
sir,<br />
SEN. LACSON. I just like to clarify, was Garcillano Commissioner incharge<br />
of Mindanao to your knowledge?<br />
MR. GUDANI. As far as I can remember, that was my question to<br />
Sumalipao. I know that Commissioner Garcillano is assigned or<br />
was assigned at Regions IV and V. …/jac<br />
MR. GUDANI. …At Regions IV and V.<br />
SEN. LACSON. So…<br />
MR. GUDANI. So, when I asked Sumalipao, “How come you are taking<br />
orders from Garcillano, is he assigned here?” And he said, “Yes.”<br />
And I saw directives or memorandum to Sumalipao signed by<br />
Garcillano.<br />
SEN. LACSON. At that time Sumalipao was PES, provincial elections<br />
supervisor?<br />
MR. GUDANI. Yes, Your Honor.<br />
SEN. LACSON. What is he now?<br />
MR. GUDANI. I believe and I was told he is now the regional…<br />
SEN. LACSON. Director.<br />
MR. GUDANI. He was promoted to regional director, ARMM.<br />
SEN. LACSON. Over a short period of time he was promoted. In 2004 he<br />
was provincial elections supervisor, now he’s already a regional<br />
director.<br />
MR. GUDANI. Yes, Your Honor.<br />
SEN. LACSON. What did he do <strong>for</strong> humanity to deserve the meteoric<br />
promotion or meteoric rise?” (Brig. Gen. Francisco Gudani, t.s.n.,<br />
Senate Committee on National Defense and Security, September<br />
28, 2005; emphasis supplied)<br />
61
Testimony of Marine Brigadier General Francisco Gudani under oath be<strong>for</strong>e the<br />
Senate Committee on National Defense and Security on November 17, 2005 –<br />
likewise affirming pertinent references in the Garci Tapes – reiterating that <strong>for</strong> about<br />
ten days, at the height of the canvassing during the 2004 national elections, he was<br />
relieved of his command by (Army Col.) Pirino and sent to Manila, such that one of his<br />
battalion commanders was questioning the authority (of the latter)<br />
“THE CHAIRMAN. How about the Pirino case? He was the one who<br />
relieved you?<br />
MR. GUDANI. Yes, Your Honor.<br />
THE CHAIRMAN. Yes. How long were you out of your command?<br />
MR. GUDANI. I can remember, Mr. Chairman, about - - I stayed in<br />
Manila <strong>for</strong> about 10 days.<br />
THE CHAIRMAN. Ten days. And this was at the height of the counting…<br />
MR. GUDANI. Yes, Mr. Chairman.<br />
THE CHAIRMAN. …canvassing? And while you were out of your<br />
command who was commanding your unit?<br />
MR. GUDANI. Again, Mr. Chairman, that is the main reason why Col.<br />
Balutan and company were questioning the authority of …<br />
THE CHAIRMAN. And Col. Balutan was one of your battalion<br />
commanders?<br />
MR. GUDANI. Yes, Your Honor.” (Brig. Gen. Francisco Gudani, t.s.n.,<br />
Senate Committee on National Defense and Security, November<br />
17, 2005)<br />
Testimony of Marine Col. Alexander Balutan under oath be<strong>for</strong>e the Senate<br />
Committee on National Defense and Security on September 29, 2005,<br />
corroborating the testimony of Gen. Gudani, the fact that he was a “victim of<br />
circumstances” in carrying out his duty of securing clean elections in Lanao del Sur,<br />
and protesting how his superior was unjustly relieved<br />
THE CHAIRMAN. Can we proceed to hear the opening statement of<br />
Colonel Alexander Balutan, Marines?<br />
MR. BALUTAN. Your Honors, Mr. Chairman, I’m Lieutenant Colonel<br />
Alexander Balutan, the assistant commandant of cadets,<br />
<strong>Philippine</strong> Military Academy. I was the <strong>for</strong>mer 7 th Marine<br />
Battalion Commander. I was then assigned in Lanao Sur during<br />
62
the last national – local elections under the leadership of General<br />
Gudani, the 1 st Marine Grigade.<br />
I have no prepared statement but I would like to<br />
corroborate and support the statements of General Gudani. And I<br />
believe during that time that we – I was a victim of circumstances.<br />
I stood my ground against <strong>for</strong>ces or pressures from any political<br />
entity and I believe I have done my duty well under, you know, the<br />
– we were deputized by the Commission on Elections under<br />
Sumalipao during that time. And my only frustration at that time<br />
was that my brigade commander was relieved. I cannot – I don’t<br />
know what to reason to my subordinate. That was my dilemma…<br />
Mr. BALUTAN. … dilemma. He was relieved <strong>for</strong> no apparent reason,<br />
maybe <strong>for</strong> doing our job well, <strong>for</strong> being apolitical, <strong>for</strong> being<br />
impartial. And I think that is the dilemma of the ground<br />
commander, me as the battalion commander during that time<br />
which, sir, in fact, I promised the people of Lanao, the area that I<br />
am assigned to, the 17 municipalities, that we will have a peaceful<br />
and credible election. I urged and <strong>for</strong>ced them <strong>for</strong> a peace<br />
covenant, in fact, many times, that your armed <strong>for</strong>ces and the<br />
marines will protect your vote. And we will have a clean and<br />
credible election.”<br />
Garci Tapes reference to Tipo-Tipo, Basilan election supervisor Rashma Hali 16 –<br />
in which Garcillano, in response to the comment that Rashma Hali be kidnapped,<br />
suggested the “soft touch” first, i.e., to look <strong>for</strong> a relative who can persuade her (not to<br />
expose election anomalies)<br />
Garci Tapes Excerpt<br />
“Conversation between “Gary” and someone named “Boy” recorded 05 13:41H<br />
June 2004 TRT – 1:36<br />
Gary<br />
Boy<br />
Gary<br />
Boy<br />
Gary<br />
Boy<br />
Gary<br />
Boy<br />
Gary<br />
Boy<br />
: Hello Boy.<br />
: Hello Sir<br />
: Ano yun?<br />
: Mmmm…si Rashma parang nandyan sa Maynila.<br />
: Nasa Maynila?<br />
: M-mm<br />
: Naku delikado! Hindi ba natin makontak?<br />
: Yung…walang…walang ano…inoff ang cellphone. Pina-pinahanap<br />
ko sa<br />
ISAFP.<br />
: Uhh, baka si…ahh, si kwan…delikado yan.<br />
: Oo nga, sabi ko…sabi ko sa ISAFP …(Translated from<br />
Visayan)…dito na<br />
16<br />
from the Sarthou VCD (Conversation No. 36 in PCIJ’s version of the Garci Tapes [hereafter, “PCIJ Garci Tapes”])<br />
63
Gary<br />
Boy<br />
Gary<br />
Boy<br />
Gary<br />
Boy<br />
Gary<br />
Boy<br />
Gary<br />
Boy<br />
Gary<br />
Boy<br />
Gary<br />
Boy<br />
Gary<br />
Boy<br />
Gary<br />
Boy<br />
Gary<br />
ipadala sa ano, sa Zamboanga…para may bargaining chip<br />
tayo<br />
dyan…<br />
: M-hm<br />
: …eh damputin na natin yung pamilya din nya…<br />
: Ah, oo.<br />
: …sa mga – ano …makapagsalita.<br />
: Oo man.<br />
: Kasi delikado yan eh.<br />
: (From Visayan) Pero nagtrabaho ba talaga yan?<br />
: Huh?<br />
: Nagtrabaho ba yan?<br />
: Nagtrabaho yan, Sir…pero yung trabaho niya…anu yun…(Visayan<br />
–<br />
limpyo) malinis ang trabaho nila…Ang problema ang Catangan –<br />
bako<br />
yun…sabi…sabihin siguro niya na…binaligtad ni Catangan dun<br />
sa itaas…<br />
: Mm..<br />
: …sa Provincial level<br />
: Ah… (line cut – continuation)<br />
: Hello<br />
: Hello…Uhh<br />
: Hello Sir…<br />
: Boy…<br />
: Yes, Sir.<br />
: Maghanap ka ng, ng… yung “well-meaning” na mga mag-anak<br />
nya<br />
wag mo munang, uh, i-pakikidnap yung<br />
pamilya…uhh…”soft touch”<br />
muna na pwedeng maka-persuade sa kanya, o ano,<br />
makapag…(line<br />
cut)”<br />
Garci Tapes Excerpt<br />
“86. Conversation between Gary and believed to be Code 1 on 07 16:10<br />
June ’04 17<br />
Gary: Hello<br />
Code 1: Hello, did you get my text about the Tipo-tipo?<br />
Gary: Oho, oho Ma’am kwan ho, that’s what I’m being fearful<br />
about. Kung si Rashma Hali yun, that’s why we’re asking<br />
people to look <strong>for</strong> her so that we can control her.<br />
Code 1: She’s probably already being held by them.<br />
Gary: Ma’am?<br />
Code 1: She’s being held by them already.<br />
Gary: She is here, that’s why if it is possible we will ask her family<br />
to call her up from Zamboanga.<br />
17<br />
from the PCIJ Garci Tapes<br />
64
Code 1: O sige, ok.”<br />
Garci Tapes Excerpt<br />
“87. Conversation between Gary and believed to be Code 1 on 07 19:17<br />
June ’04 18<br />
Code 1: Hello, ano nahanap ninyo?<br />
Gary: Ma’am?<br />
Code 1: Ano nahanap na ninyo iyong sa Tipo-tipo?<br />
Gary: Tipo-tipo, hindi pa. Ang inaano nila ngayon... (line cut)”<br />
Garci Tapes Excerpt<br />
“88. Conversation between Gary and a certain Ruben on 07 20:38 June<br />
’04 19<br />
Ruben: Hello Garci, si Ruben. Anong balita?<br />
Gary: Eto, nag-aano kasi ako. ‘yung sa Tipo-tipo na tao, parang<br />
nasa kamay na nila. Pero wala namang damage sa atin. Pero<br />
kay Wahab. Kaya dapat si Wahab ang gumalaw niyan.<br />
Ruben: Pero, mag-tetestify sya against the administration eh. Against<br />
the President!<br />
Gary: How can he? Wala naman siyang ginawa kay Presidente.<br />
Ruben: Eh hindi, di ba ang gagamiting mag-tetestify siguro iyong<br />
against the President regarding the bawas-dagdag na ginawa dun<br />
sa ano....<br />
Gary: Wala naman tayong ginawa para kay Presidente dun sa kanya<br />
ah.<br />
Ruben: Hindi, ‘yun ang pinepresent di ba? Yan ‘yung pinepresent ni<br />
Rufus Rodriguez pati yung kay Ibron?<br />
Gary: Oo nga, pero wala naman. Kay Ibron, di nila makukuha si<br />
Ibron, wala na, di na nila makukuha.<br />
Ruben: Si Ibron nga, hindi na nga dahil as of two days ago, naka-usap<br />
na nga raw eh.<br />
Gary: Sinong nakausap?<br />
Ruben: Si Ibron, naka-usap na ng military.<br />
Gary: Sabihin mo dyan sa military na ‘yan, wag silang masyadong<br />
makiki-alam, kasi sinampal pala si Ibron eh, akin yang tao na<br />
yan eh, taga Batangas yan eh.<br />
Ruben: Ah ganun ba?<br />
Gary: Oo, wag namang ganun. Bago nila gawin yun nung primero,<br />
sinampal pa kasi eh, kaya mangiyak-ngiyak yung tao eh. Kaya<br />
kahit pakainin mo ng bala yun, di na magpapakita. Ngayon, itong<br />
si Rashma Hali, wala naman masasabi against kay Ma’am eh,<br />
kahit anong sabihin nila because she has not done anything<br />
18<br />
19<br />
from the PCIJ Garci Tapes<br />
from the PCIJ Garci Tapes<br />
65
except kay Wahab Akbar. Kaya dapat si Wahab ang<br />
mawarningan.<br />
Ruben: Pero, ano ba pare yung pinakikitang ano ni Rufus na ano....?<br />
Gary: Ah, pabayaan mo siya but it does not have anything to do with<br />
the President.<br />
Ruben: Ibig mong sabihin yung pinakikitang dinagdagan daw yung<br />
Gary:<br />
boto ni Presidente eh....<br />
Hindi naman nila matetestiguhan kung hindi sa kanyang<br />
munisipyo.<br />
Ruben: Yung Tipo-tipo di ba?<br />
Ruben: Hindi ba yun ang pinepresenta ni Rufus na dinagdagan?<br />
Gary: Yung pinapakita ni Rufus, tingnan natin sa Provincial<br />
Canvass, kasi wala naman magagawa yan dun sa kanyang<br />
munisipyo. Bahala siya, kaya nga ina-ano ko si Wahab, pinaaano<br />
ko kay Wahab ngayon, dapat si Presidente ma-kwan<br />
niya kay Wahab para si Wahab ang kumuha ng tao na yan<br />
kung hindi, ipakukuha ko ang pamilya niyan.<br />
Ruben: Uh-hum.<br />
Gary: Oo nga, pero ang problema niyan, wala naman kay<br />
Presidente dyan. Last resort, pakukuha ko ang pamilya nyan.<br />
Ruben: Yun na lang ang dapat gawin dun.<br />
Gary: Oo, pero dapat malaman ni Wahab na si Wahab, kasi ang more<br />
damage will be against that Wahab Akbar, not the President.<br />
Ruben: Bakit, naapektuhan ba yung boto ni Wahab?<br />
Gary: Siya lang talaga ang ano malaking naka-pabor. Kaya kung<br />
maaari papuntahin ko dito yung supervisor, patago ko rin dito sa<br />
kin. Because, I want to clean out kung alin yung mga by<br />
municipality results.<br />
Ruben: Hindi iyon ang nagkakaproblema dahil si Wahab ang<br />
nagpatrabaho nyan eh.<br />
Gary: Eh ang problema niyang si Wahab, gumawa si Wahab nung huli<br />
na.<br />
Ruben: Huli na nga eh. Akinse na nung gumalaw si Wahab eh.<br />
Gary: Alam mo si Wahab was working <strong>for</strong> FPJ actually.<br />
Ruben: Oo, nung una.<br />
Gary: Nung nalaman niyang matatalo si FPJ, saka bumaligtad.<br />
Ruben: Sinabi mo, totoo talaga.<br />
Gary: Yung mga tao namin diyan, eh galit na galit sa kanya eh.<br />
Kaya ito, kung anuman basta malalaman hanggang umaga, ng<br />
maagang-maaga kung ano talaga ang score doon so I can tell<br />
them to get her families kung halimbawa. Sabagay medyo<br />
matindi na ito kasi andun si Lomibao, andun naman si... ewan<br />
ko kung sino pang nandun, may isang colonel na nandun.<br />
Kung kailangang kunin, di kunin na ang pamilya nya.<br />
Lokohan na rin lang eh, di kwan, Pero yang Rufus nayan, wala<br />
namang alam yan.<br />
Ruben: Kaya nga, kaya nga.<br />
Gary: Ewan ko lang kung pupunta pa uli yun, pakidnap ko na lang<br />
siya.<br />
66
Ruben: Hindi naman pumupunta, pero ang balita nandirito sa<br />
Parañaque.<br />
Gary: Nandito na yung ano....?<br />
Ruben: Nandito na sa Parañaque nun pang Saturday.<br />
Gary: O sige. Basta’t we’ll ask somebody to look <strong>for</strong> her and then<br />
get her family, kung pwede.”<br />
On August 18, 2005, Rashma Hali confirmed to the media 20 the harassment<br />
and pressure <strong>for</strong> her not to divulge the fraudulent electoral practices employed in<br />
Tipo-tipo, Basilan in favor of President Arroyo.<br />
d. The Garci Tapes – of such nature and detail<br />
that their having been fabricated is an impossibility<br />
Then there is the fact, we note, that the three-hour Garci Tapes actually<br />
comprise an already cumulated version of recorded data, compressed into a four-tape,<br />
three hours worth of tape recordings covering a grand total of 152 conversations, that<br />
occurred – a week after the 2004 elections – over a period of 33 days (from May 17 to<br />
June 18, 2004), 21 which uni<strong>for</strong>mly capture the voice of one man (Gary), who speaks to<br />
at least 36 other, identified personalities (including officials in the highest echelons of<br />
the military) and to some of them repeatedly, and other unidentified persons, about<br />
variegated facets of the art of implementing electoral fraud, from the soft technique of<br />
persuasion, to the less soft option of downright crime, like kidnapping. Of the grand<br />
total of 152 conversations, 15 are between Code One and Gary 22 , during the period<br />
May 26, 2004 to June 10, 2004 (or a span of 16 days).<br />
On June 6, 2004, when he presented two audio compact discs to the media,<br />
Presidential spokesman Ignacio Bunye revealed that some person/s or entity/ies<br />
fabricated tape recordings – which purport to contain wiretapped conversations<br />
showing President Arroyo’s involvement in electoral fraud – in order to destabilize the<br />
present administration.<br />
To believe the explanation of Spokesman Bunye would mean to believe either of<br />
two scenarios: that <strong>for</strong> the sole purpose of framing up President Arroyo, either – some<br />
person/s or entity/ies fabricated President Arroyo’s voice (i.e., someone voice-acted<br />
her) in 15 conversations out of 152, which means that the other 137 conversations are<br />
genuine – or – they fabricated (i.e., falsely reproduced) all 152 conversations.<br />
We think that logic and common sense easily rule out the second scenario. As<br />
so wisely put by the sound engineer and expert Jaime Sarthou, based on his<br />
experience of 27 years:<br />
20<br />
21<br />
22<br />
on the program “TV Patrol” of ABS-CBN, Channel 2<br />
based on the PCIJ Garci Tapes<br />
“The Unmaking of A President,” Sheila Coronel, PCIJ I Report Special Edition “The Queen’s Gambits,” p. 3<br />
67
“2. If the Garci CDs came from fake tapes or spliced tapes being used to<br />
frame-up the President, this would be the first time in my 27 years<br />
experience as recording engineer to see such a masterpiece, that only a<br />
genius of all geniuses can produce or fabricate. It will take a psychic and<br />
a sound genius to make the script that will detail events, many of which<br />
only became known later and make it appear that Pres. Arroyo was<br />
speaking. It would be absurd <strong>for</strong> someone who was merely trying to<br />
frame-up Pres. Arroyo to make a 3-hour CD, complete with innocuous<br />
conversations by different people not related at all to the President, while<br />
Pres. Arroyo has only a few minutes of participation in the three hour<br />
CD. The genius will then need to ensure that the different scenarios in<br />
the script coincide exactly with what is transpiring during the period of<br />
months that the CDs relate to. Then the genius will have to look <strong>for</strong><br />
many actors who have exactly the same voice as all the persons the CDs<br />
wishes to portray (including maids, drivers, other politicians, mayors, <strong>for</strong><br />
example), so similar that it will fool trained audio experts. Then the<br />
person framing up the President will be so powerful to influence the<br />
President into not answering questions on whether it was her on the CDs<br />
or not even if the President knows that it was not her speaking on the<br />
CDs, and later confess to it and thereby entrap her into a serious<br />
scandal. That <strong>for</strong> me, would be one of the greatest, although impossible,<br />
feats by a serious audio expert and script writer.” 23 (Affidavit of Jaime<br />
Sarthou dated February 20, 2006, pp. 4-5)<br />
On the other hand, we think that the first scenario (i.e., that the voice of<br />
President Arroyo was fabricated by inserting and splicing into 137 other genuine<br />
conversations, and there<strong>for</strong>e the voice of Code One is not the voice of President Arroyo)<br />
would be contrary to both our elementary sense of hearing and our elementary<br />
common sense. On the significance of our own sense of hearing, the expert witness<br />
Jaime Sarthou had this to say:<br />
“1. It is my considered opinion, however, that one of the voices talking to<br />
Comm. Virgilio Garcillano is that of Pres. Arroyo. First, her lawyer Atty.<br />
Ferrer said so publicly. Second, sound and recording engineers are<br />
trained to discern voices, noise and distinguish sounds. The ears of<br />
sound experts <strong>for</strong>m THE most important tools in doing their job. I have<br />
heard Pres. Arroyo so many times, and as a recording engineer her voice<br />
sample, if you wish to call it, is already etched in my memory. As a<br />
recording engineer, my ears are my tools <strong>for</strong> 27 years. Sound Engineering<br />
has been my bread and butter to this very day. An important aspect of a<br />
sound engineer’s job is to listen to the timbre of a voice, the manner,<br />
23<br />
As the <strong>Philippine</strong> <strong>Center</strong> <strong>for</strong> <strong>Investigative</strong> <strong>Journalism</strong> (“PCIJ”) has reported: “… several Comelec officials<br />
interviewed by the PCIJ as well as <strong>for</strong>mer Comelec chair Christian Monsod confirm it is indeed Garcillano's voice that<br />
is in the recording. Moreover, Garcillano identified himself in several of the wiretapped conversations and also spoke<br />
to various individuals — his wife Grace, his secretary Ellen Peralta, and his maid Lyn — whose connection to him<br />
cannot be denied.” (“Virgilio Garcillano Master Operator,” Sheila S. Coronel, PCIJ i Report Special Issue, July, 2005,<br />
pp. 18-25)<br />
68
intonation of the spoken (or sung) words and other audio and phonetic<br />
characteristics of a person thereby making that person’s voice<br />
scientifically recognizable by that expert. As a recording engineer I know<br />
the voice of Pres. Arroyo and recognize it as one and the same voice that<br />
was speaking in the CD because I have heard her so many times. The<br />
listening capacity of experienced recording engineers is a scientific device<br />
that is credible in discerning and distinguishing voices. This is what we<br />
do everyday—listen and distinguish sounds and separate the genuine<br />
and the imitation.” (ibid.)<br />
In other words, to the mature, unbiased and reasonable Filipino mind, the truly<br />
more logical, common-sensical and there<strong>for</strong>e convincing scenario is that the voice of<br />
Code One in the Garci Tapes is that of President Arroyo talking with Garcillano, on<br />
many different occasions, about manipulation of electoral officials and electoral<br />
results, exactly in the same manner that most other callers of Garcillano had called<br />
the latter <strong>for</strong> the same purpose.<br />
e. The Garci Tapes – authenticated by admission<br />
Lest we <strong>for</strong>get, President Arroyo herself in effect admitted the genuineness of<br />
the Garci Tapes when, buffeted by its maelstrom, she apologized <strong>for</strong> having called a<br />
Comelec official. The extreme paucity of her response – in terms of transparency,<br />
honesty and the spirit of accountability – speaks volumes of President Arroyo’s moral<br />
guilt, and eternally of her complete absence of regard <strong>for</strong> the sacred democratic right<br />
of suffrage.<br />
And of course, her executive officials, themselves, have admitted to the<br />
genuineness of her voice on the “Garci Tapes." First there was her spokesman Bunye,<br />
who announced loud and clear to the whole world at his June 6, 2005 press<br />
conference --<br />
"Q:<br />
BUNYE:<br />
Sir, can we just c1arify. So, you are saying that it was<br />
indeed the President’s voice?<br />
That is President’s voice, but the other party on the line<br />
is not that of a commissioner." (emphasis supplied)<br />
Next there was her very own lawyer, Atty. Pedro Ferrer, who candidly made the<br />
admission on national television on August 10, 2004. Then there was her<br />
Environment Secretary, Michael Defensor who, like Spokesman Bunye, announced to<br />
the whole world at his emergency Sulô Hotel press conference on August 12, 2005 --<br />
“Yes, it is the voice of the President, but that is not the President talking." Yet,<br />
when asked on the same occasion as to what President Arroyo was apologizing <strong>for</strong><br />
when the tape was supposedly fake, he said: “She apologized <strong>for</strong> making the call.”<br />
("`It’s Gma Voice But She’s Not The One Talking’ … Defensor’s experts say tapes<br />
69
doctored," Norman Bordadora, PDI, August 13, 2005, pp. A1 & A17; emphasis<br />
supplied)<br />
Finally, testifying on the Venable Llp. contract, her National Security Adviser<br />
Norberto Gonzales admitted be<strong>for</strong>e the Senate that President Arroyo had indeed been<br />
wiretapped. We quote Senator Biazon:<br />
[CHAIRMAN.] “Ladies and gentlemen, be<strong>for</strong>e we further proceed, allow<br />
me to put on record certain publicly known facts: (1) On June 5, Press<br />
Secretary Ignacio “Toting” Bunye, in a called press conference at<br />
Malacanang declared the existence of two tapes and tapped tapes<br />
conversations between and among certain individuals. These tapes were<br />
publicly shown and played to the media in that press conference;<br />
subsequently, ladies and gentlemen, Secretary Bunye declared publicly<br />
that one of the voices in the tapes is the voice of the President; (3)<br />
President Arroyo herself, sometime after that, on June 27 delivered a<br />
speech entitled, better known to the public, the “I am Sorry” speech.<br />
And then, in the hearings last week in the Venable contract, National<br />
Security Adviser Norberto Gonzales admitted in open hearing and<br />
publicly that, indeed, the President was wiretapped and taped.”<br />
(Senator Rodolfo Biazon, t.s.n., Committee on National Defense and<br />
Security, 9-28-05; emphasis supplied)<br />
C. Implementation of Electoral Fraud/<br />
The Eyewitnesses<br />
Someone has commented that, actually, the Garci Tapes provide more than just<br />
evidence in and of themselves. Their added value lies in the fact that they provide a<br />
roadmap – they point to detailed, identified or identifiable signposts like names, official<br />
positions, personalities, places, numbers, dates, election documents like SOVs 24 and<br />
COCs 25 , techniques, requests or desiderata, and so <strong>for</strong>th. Details that would be like<br />
royal dishes served on a silver platter to any serious, competent investigator<br />
unhobbled by any issuance akin to E.O. 464.<br />
But such as it is, E.O. 464 notwithstanding, eyewitnesses have in fact come<br />
<strong>for</strong>th 26 , with first-hand stories and genuine documents so convincing beyond<br />
suspicion, too telling to ignore; witnesses who experienced their stories about or<br />
related to electoral fraud directly through their very own senses. We have reproduced<br />
the words of Brig. Gen. Francisco Gudani, who to this day, <strong>for</strong> the sake of truth and<br />
his belief in the Almighty, is braving court-martial proceedings in the wake of his<br />
defiance of E.O. 464. Be<strong>for</strong>e him came eyewitnesses Michaelangelo Zuce (Garcillano’s<br />
nephew-in-law and Presidential Adviser Rufino’s staff) and Army Capt. Marlon<br />
24<br />
25<br />
26<br />
or Statement of Votes<br />
or Certificates of Canvass<br />
not only regarding electoral fraud but graft and corruption as well<br />
70
Mendoza, and after him, Namfrel Lanao del Sur Provincial Chairman Hadji Abdullah<br />
Dalidig.<br />
We think it likewise fit to reproduce the sworn words of these latter three<br />
eyewitnesses, unrebutted and undenied to the present time, as follows:<br />
Affidavit of Michaelangelo Zuce dated August 1, 2005 submitted to the Senate,<br />
stating that the “Garci Tapes” conversations were genuine because he was present on<br />
some of the occasions when his uncle Garcillano would acknowledge President Arroyo<br />
as the person on the other line and would immediately after the call confirm that it<br />
was the President he was speaking with; that he was the “Louie” being referred to<br />
therein; about Garcillano’s delivery of bribe money to local Comelec officials at the end<br />
of his consultation meetings; about his implementation of election fraud through<br />
delivery of false documents and bribe money to Comelec officials in Mindanao such as<br />
election supervisor Sumalipao; and about the planning in the Greenhills house of<br />
“jueteng lord” Bong Pineda of the January, 2004 dinner meeting of local Comelec<br />
officials hosted by President Arroyo at her La Vista residence, whereat the latter<br />
herself exhorted the Comelec officials to support her 2004 candidacy, and whereat<br />
Lilia Pineda (Bong Pineda’s wife) handed to a Comelec director <strong>for</strong> distribution to the<br />
said officials bribe money of P30,000 each --<br />
“1. I was a Presidential Staff Officer from February 2001 to July 2004 of<br />
the Presidential Liaison Officer <strong>for</strong> Political Affairs, Malacañang, with<br />
Secretary Jose Ma. A, Rufino as Head of Office; and Presidential Staff<br />
Officer 5 of the Political Coalition Affairs Office (OPCA), a unit of the<br />
Political Affairs Office of the Office of the President, and headed by USEC<br />
Raymundo T. Roquero, from September 2004 to May 2005. I have<br />
tendered my irrevocable resignation and stopped reporting <strong>for</strong> work at<br />
that Office since May 2005.<br />
xxx xxx xxx<br />
3. The Office also presented to PGMA a special project dated 10 October<br />
2002 signed by Sec. Rufino on the Nationwide Consultation of Election<br />
Officers Under The Stewardship of Atty. Garcillano, a copy of which is<br />
attached as Annex “B”, together with a proposed budget as Annex “B-1”.<br />
The special project was divided into three (3) operations, <strong>for</strong> Luzon,<br />
Visayas and Mindanao. We then requested funding <strong>for</strong> the project from<br />
the President and an initial funding of P1Million was given to our Office<br />
<strong>for</strong> the consultation of election officers in Mindanao.<br />
4. Consultation meetings took place: (1) in Tubod, Lanao del Norte on<br />
November 2002, attended by twelve (12) COMELEC Provincial Election<br />
Supervisors (PES), coinciding with preparations <strong>for</strong> the Annual Sportsfest<br />
<strong>for</strong> Regions 9 & 10, and which was also attended by myself and<br />
Ferdinand Mahusay, Regional Political Officer <strong>for</strong> Region 9; (2) in General<br />
Santos which was attended by twelve (12) election officials mostly PES<br />
and including the Regional Political Officer of ARMM and myself; and (3)<br />
again in Tubod, Lanao del Norte on 13 December 2002 when Regions 9 &<br />
10 had the Annual Sportsfest.<br />
71
5. These consultation meetings discussed the political situation in<br />
all the provinces in Mindanao, including who are the politicians<br />
supporting and who are against PGMA. Regional Director Atty.<br />
Garcillano also talked to the election officers and asked them<br />
whether, if PGMA runs <strong>for</strong> President, she is assured of support from<br />
them in their respective assigned areas <strong>for</strong> her candidacy in 2004.<br />
These election officials expressed their willingness to support PGMA’s<br />
candidacy depending on what Director Garcillano wanted them to do.<br />
The Mindanao election officials present also said that Atty. Garcillano be<br />
appointed Commissioner so that he would be behind them and be able to<br />
answer <strong>for</strong> them in their ef<strong>for</strong>ts of supporting PGMA..<br />
6. A report on these consultations with Regional Directors (RDs), PES,<br />
and other election officials in Mindanao was submitted by then Regional<br />
Director Atty. Garcillano dated 8 January 2003, copy of which is<br />
attached as Annex “C”. This report was by way of a Memorandum of<br />
Atty. Garcillano <strong>for</strong> PGMA through Sec. Joey Rufino.<br />
7. Be<strong>for</strong>e the end of the consultation meetings, then Regional<br />
Director Garcillano distributed envelopes containing P20,000 <strong>for</strong><br />
RDs and PES, P15,000 <strong>for</strong> city election officers, P10,000 <strong>for</strong><br />
municipal election officers and P5,000 <strong>for</strong> selected staff of<br />
COMELEC Mindanao – which monies, according to Director<br />
Garcillano, were being given by PGMA in appreciation of their<br />
expression of support <strong>for</strong> her candidacy.<br />
8. …Sometime in the latter half of 2003, there was a small<br />
planning meeting of RDs and PES of Mindanao held in a function room<br />
at Grand Boulevard Hotel to discuss the PGMA’s candidacy <strong>for</strong> 2004<br />
National Elections…When Regional Director Atty. Garcillano again made<br />
the appeal <strong>for</strong> support <strong>for</strong> PGMA <strong>for</strong> the 2004 elections, the Mindanao<br />
election officers readily agreed on condition again that Director<br />
Garcillano be appointed COMELEC Commissioner – to which USEC<br />
Gatuslao gave the assurance the appointment would soon be released.<br />
Be<strong>for</strong>e the caucus ended, I was the one assigned to distribute to the<br />
RDs and PES white envelopes containing P17,000 each.<br />
9. There was another meeting of RDs and PES from Mindanao in<br />
January 2004 and Director Garcillano requested our Office to provide<br />
funds <strong>for</strong> a caucus of these election officials on January 10 in a function<br />
room at Grand Boulevard Hotel in Roxas Boulevard. I wrote a letter<br />
dated 6 January 2004 to Sec. Rufino <strong>for</strong> this planning session, copy of<br />
which is attached as Annex “D”. I also made the arrangement with the<br />
Hotel and there were 23 election officers from Mindanao who attended<br />
the meeting. These attendees are shown in the contract with the Hotel<br />
and the list of Mindanao election officials who attended, copy of which<br />
contract is attached as Annex “E” and the attendees as Annex “E-1”.<br />
Again Sec. Rufino did not attend this meeting but three (3) of my<br />
72
officemates were sent in his behalf and they distributed envelopes<br />
each containing P25,000 to the attendees.<br />
xxx xxx xxx<br />
13. Be<strong>for</strong>e we ended the meeting, 1 brought up the matter<br />
of the accommodation at Rothman Hotel in Malate of the 27 RDs and<br />
PES because our office could spend only <strong>for</strong> one day. Bong Pineda asked<br />
me how much was needed and when I gave the estimate of more than<br />
P100,000, Bong Pineda immediately gave me P150,000 in cash and,<br />
if this would not be enough, to tell him how much the shortage<br />
would be. We were also told that PGMA wanted to have a secret<br />
dinner with the Mindanao RDs and PES at her house in La Vista.<br />
Mrs. Pineda would send a vehicle to fetch all the officials from<br />
Rothman Hotel. I remember this was in January 2004.<br />
14. When the day of the dinner came, a Coaster and a Land<br />
Cruiser arrived at the hotel around 5 P.M. All election officials rode on<br />
the Coaster; only Atty. Francisco Pobe (PES of Agusan del Norte) and<br />
myself were in the Land Cruiser. On the way to La Vista, we dropped by<br />
McDonald’s and <strong>for</strong> the first time I was introduced to Mrs. Baby Pineda<br />
by Atty. Pobe as Com. Garcillano’s nephew. Mrs. Pineda also asked Atty.<br />
Pobe to write down all our names on a piece of paper. After an hour of<br />
snack, we proceeded to PGMA’s house in La Vista with Mrs. Pineda’s car<br />
(with Comm. Garcillano and Governor Dy of Isabela also on board) going<br />
ahead of the two vehicles. Upon arrival at PGMA’s residence in La<br />
Vista, we were brought to a lower level where the dinner tables had<br />
already been arranged but we waited <strong>for</strong> 2 hours be<strong>for</strong>e PGMA<br />
arrived at around 9:00 P.M.<br />
15. After dinner, the election officials were introduced one by<br />
one to PGMA by Mrs. Baby Pineda based on the list of names written<br />
by Atty. Pobe at McDonald’s. Present throughout the dinner were<br />
Comm. Garcillano and Governor Dy of Isabela. After the<br />
introductions, PGMA gave a short talk asking the RDs and PES to<br />
support and help her in the coming 2004 presidential elections. On<br />
the part of the RDs and PES, they requested POMA <strong>for</strong> xerox machines<br />
<strong>for</strong> use in the elections to be sent to Atty. Pobe who would take care of<br />
having these machines sent to their assigned areas. When the request <strong>for</strong><br />
vehicles was also mentioned by some Mindanao election officials, Mrs.<br />
Pineda immediately said she would be taking care of the matter.<br />
16. Shortly thereafter, PGMA bade us goodbye because she<br />
said she still had another engagement. As we were leaving, Mrs.<br />
Pineda gave RD Johnny Icaro of Region 4 white envelopes <strong>for</strong> all of<br />
us. When we opened them in the vehicles, we found that each<br />
envelope contained P30,000.<br />
17. On 13 February 2004, Comm. Garcillano asked me to call<br />
Mrs. Baby Pineda <strong>for</strong> me to get the cellular phone she was giving him<br />
from her house in Greenhills. When I got to her house, the personal<br />
secretary of Mrs. Pineda handed to me the cell phone contained in a box<br />
73
and asked me to sign a receipt <strong>for</strong> it. I noticed the box was already<br />
opened so I asked the secretary why and I was told the box was opened<br />
because they already placed the SIM card inside the phone and that they<br />
already got the phone number. When I delivered the cellphone to<br />
Comm. Garcillano, he told me this phone would he where PGMA, Mr.<br />
and Mrs. Pineda, and other prominent persons would be calling him;<br />
the Commissioner referred to the cellphone as their Hotline.<br />
18. As the elections were drawing near, I finalized the Budgetary<br />
Requirements I was directed to prepare <strong>for</strong> both Comm. Garcillano and<br />
my Boss, Sec. Joey Rufino. It took sometime to finalize because of<br />
changes in the amount and the addition of regional attorneys. Also<br />
revisions had to be made when Comm. Garcillano called to in<strong>for</strong>m me<br />
there was no funding from Sec. Rufino.<br />
xxx xxx xxx<br />
21. On the day when the initial funding <strong>for</strong> the special<br />
operations was given to Comm. Garcillano, he called me to a<br />
condominium unit in Macapagal Blvd. and showed me a cabinet<br />
filled with plastic wrapped bundles of money of P1,000 bills.<br />
According to Comm. Garcillano, the money given totaled only P12<br />
Million and this was not enough because the amount needed would<br />
be around P25 Million to P37 Million <strong>for</strong> the special operations.<br />
22. Comm. Garcillano then told me to in<strong>for</strong>m my Boss I would be<br />
leaving <strong>for</strong> Mindanao already. I was allowed readily by my Boss to leave<br />
Mindanao because he wanted to monitor the situation in the local<br />
politics there. Be<strong>for</strong>e I left, Comm. Garcillano gave me P500,000 —<br />
P100,000 to be left with my family, P100,000 <strong>for</strong> my expenses in<br />
Mindanao and P50,000 <strong>for</strong> Atty. Rabanes. He would be calling me<br />
whom to give amounts to from the amount balance.<br />
23. Included in my assignment was to monitor all<br />
officials and employees of COMELEC and coordinate with the PES to<br />
insure PGMA’s win in the area: in places where PGMA would be<br />
losing, I was to talk to them to find ways to reduce her loss or to<br />
add votes in her bailiwicks. In this regard, I had the help of Butch<br />
Pakinggan who was reporting directly to Executive Secretary Romulo in<br />
the same manner that I was reporting directly to Sec. Joey Rufino. I was<br />
also tasked to help local candidates of PGMA in their problems with<br />
COMELEC. There were also candidates <strong>for</strong> national office including<br />
certain partylists, that were part of a list given to the PES but in the last<br />
days we were directed to concentrate only on PGMA. The areas we were<br />
assigned were the Misamis Provinces, the Lanao Provinces, Marawi City,<br />
Cotabato City, Maguindanao, Sultan Kudarat, North Cotabato, South<br />
Cotabato and Sarangani. We were also coordinating through cellphone<br />
with the Zamboanga Provinces, Dipolog, Sulu, Tawi Tawi, Basilan,<br />
Zamboanga City and Pagadian.<br />
24. Regarding the Gloriagate tape, from what I heard from the<br />
tape, all the conversations really took place because Comm.<br />
74
Garcillano told me about them and about the calls from the field and<br />
the canvassing. I was also in the areas when the conversations in<br />
the tape occurred and some of which were told to me by PES after<br />
their talks with Comm. Garcillano. To me, Comm. Garcillano being<br />
used by PGMA during the elections in exchange <strong>for</strong> his ambition to<br />
become a COMILLEC Commissioner, his having become known to<br />
the Pinedas and the fact that the election officials had dinner with<br />
PGMA in La Vista — not just once and not just with Mindanao<br />
election officials — were serious violations of Law.<br />
25. Other violations of law were the fund releases <strong>for</strong><br />
consultations with election officials and other meetings <strong>for</strong> preparation<br />
and planning with said officials; the accommodations extended to PES<br />
and RDs, including the giving of monies to them; giving them Xerox<br />
machines <strong>for</strong> use in the special operations, vehicles <strong>for</strong> their use, and<br />
using Comm. Garcillano in the manipulation of election results because<br />
COMELEC is an independent body under the law and the Constitution.<br />
From my personal knowledge and direct in<strong>for</strong>mation, it is true and<br />
correct that there were election results altered and manipulated, not<br />
matching SOVs — from the precincts to municipal canvass, to provincial<br />
canvass. Those who are knowledgeable and have the capability to these<br />
things are only those from COMELEC assigned in the field and the<br />
operation succeeded with their cooperation. I myself or those who are not<br />
from COMELEC would not have the knowledge and the ability to<br />
manipulate or alter the results.<br />
26. What I know about the frauds committed in the 2004<br />
National Elections have put my family and me in danger but all I<br />
want is to make known what I know about the cheating and fraud<br />
committed. I was offered P20,000 a month <strong>for</strong> six (6) months to<br />
keep silent but I am disturbed and fearful <strong>for</strong> my safety and that of<br />
my family since that time Secretary and <strong>for</strong>mer General Ebdane has<br />
been looking <strong>for</strong> me.<br />
27. I have prepared and executed this sworn statement pertaining<br />
to my personal knowledge and truth of the facts stated above in the<br />
expectation that, if anything untoward should happen to me or my<br />
family, my testimony or witness would be preserved and best served by<br />
this sworn statement.” (emphasis supplied)<br />
Testimony of Michaelangelo Zuce, under oath be<strong>for</strong>e the joint hearing of the<br />
Senate Committee on Public Order and Illegal Drugs, Committee on Games,<br />
Amusement and Sports, Committee on Constitutional Amendments, Revision of<br />
Codes and Laws, and Committee on Finance on August 3, 2005<br />
“SEN. MADRIGAL. Ngayon, meron kang sinabi na nagpatawag ng<br />
meeting si PGMA. Director Garcillano was being given by GMA.<br />
Nagpatawag ng meeting sa special operations.<br />
75
SEN. MADRIGAL. …nagpatawag ng meeting sa special operations,<br />
ano ang special operations?<br />
MR. ZUCE. Iyon po ang tawag po namin po doon sa special…<br />
SEN. MADRIGAL. Ano ba iyon, dagdag-bawas?<br />
MR. ZUCE. Opo.” (Michaelangelo Zuce, t.s.n., Joint Hearing of the<br />
Senate Committee on Public Order and Illegal Drugs, Committee<br />
on Games, Amusement and Sports, Committee on Constitutional<br />
Amendments, Revision of Codes and Laws, and Committee on<br />
Finance, August 3, 2005, p. 107-108; emphasis supplied)<br />
xxx xxx xxx<br />
“MR. ZUCE. Ah, ayun po, madalas po kasi kaming kasama ni<br />
Commissioner. Pag may nagri-ring at naririnig ko pong iyon<br />
“Ma’am, opo, Ma;am”, parang ganoon po. Tapos, pagkatapos po<br />
ng conversation, sinasabi niyang, “Si Presidente iyon.” Si ganito<br />
iyon. Ganoon po.<br />
SEN. MADRIGAL. At minsan narinig mo mismo siya nagsasalita na may<br />
“Ma’am.”<br />
MR. ZUCE. Opo.<br />
SEN. MADRIGAL. Magkatugma ba iyan sa iba sa mga transcript sa<br />
tape?<br />
MR. ZUCE. Karamihan po.<br />
SEN MADRIGAL. So, parang earwitness ka, ano. Eyewitness na narinig<br />
mong nagsasalita.” (ibid., p. 116)<br />
“SEN. EJERCITO ESTRADA (J). Thank you, Mr. Chairman. For the<br />
record, Ginoong Zuce, ikaw ba itong Louie diumano’y<br />
binanggit ni Commissioner Garcillano sa “Hello Garci” tape?<br />
MR. ZUCE. Opo.” (ibid., p. 119; emphasis supplied)<br />
“SEN. EJERCITO ESTRADA (J). Okay. Ginoong Zuce, ilang beses ka<br />
nang pumunta sa bahay ni Ginang Arroyo?<br />
MR. ZUCE. Dalawang beses po.<br />
SEN. EJERCITO ESTRADA (J). Dalawang beses. “Yong unang beses,<br />
‘yon ba iyong sinasabi n’yong alleged payoff o itong<br />
pangalawang beses na ‘yan?<br />
76
MR. ZUCE. ‘Yong una po, namigay din po doon pati po ‘yong<br />
pangalawa. Kasi ‘yong pangalawa…<br />
SEN. EJERCITO ESTRADA (J). Parehong nandoon si GinangArroyo?<br />
MR. ZUCE. Opo. Kasi ‘yong pangalawa, sir, bale ‘yong hindi nakarating<br />
noong una – unang pagpunta ay doon po sa pangalawa na<br />
sumama at may mga taga…(ibid., p. 124-125; emphasis supplied)<br />
“SEN. OSMEÑA. Mr. Zuce, dito po sa sworn statement ninyo, number 3,<br />
nakasulat po rito, “The office presented to PGMA a special project<br />
dated 10 October 2002, signed by Secretary Rufino on the subject<br />
nationwide consultation of election officers under the stewardship<br />
of Atty. Garcillano.” Ito ba standard sa Office of Political Affairs sa<br />
Malacañang na magkakaroon ho ng -- magpapatawag ho ng<br />
consultation meeting sa lahat ng mga Comelec officers?<br />
MR. ZUCE. Hindi po.<br />
SEN. OSMEÑA. Ano ang pakialam nu’ng Malacañang sa Comelec po,<br />
hindi ba independent body po iyong Comelec?<br />
MR. ZUCE. Tama po iyon.<br />
SEN. OSMEÑA. Ito ba iyong first time mo nalaman na magkakaroon ng<br />
consultation of election officers?<br />
MR. ZUCE. Opo.<br />
SEN. OSMEÑA. At nagulat ka ba?<br />
MR. ZUCE. Hindi po.<br />
SEN. OSMEÑA. Bakit?<br />
MR. ZUCE. Dahil idea po ito ng boss ko.<br />
SEN. OSMEÑA. Sino iyong boss mo?<br />
MR. ZUCE. Si Secretary Rufino.<br />
SEN. OSMEÑA. Ngayon, kaya ba ni Joey Rufino na tawagin si<br />
Garcillano at sasabihin sa kanya, “Oy, magpatawag ka ng mga<br />
election officers ninyo at magkaroon tayo ng meeting dito sa<br />
Malacañang,” o kung saan mang gusto niya?<br />
MR. ZUCE. Sa ngayon po medyo hindi na siguro; pero noon po, puwede<br />
dahil…<br />
77
SEN. OSMEÑA. Nagre-report si Atty. Garcillano kay Joey Rufino?<br />
MR. ZUCE. Ang ano po doon ay inaalagaan ni Secretary si Garcillano.”<br />
(ibid., pp. 131-132)<br />
“SEN. OSMEÑA. …Ano ang ibig sabihin ng “susuportahan nila”?<br />
MR. ZUCE. Susuportahan po nila iyong kung tatakbo si Presidente.<br />
SEN. OSMEÑA. Anong ibig pong sabihin ng “susuportahan po nila”<br />
sapagkat dapat naka-neutral itong mga Comelec officials na<br />
ito?<br />
MR. ZUCE. Dapat nga po.<br />
SEN. OSMEÑA. O, ano ang ibig sabihin na “susuportahan nila”?<br />
MR. ZUCE. Tutulungan po siguro talaga nila.<br />
SEN. OSMEÑA. Ano ang ibig sabihin ng “tutulungan ho nila”? Hindi,<br />
talaga, sapagkat that is the key question here ano. Baka<br />
nagkantahan lang naman sila doon sa consultation, ‘di anong<br />
pinag-uusapan namin dito?<br />
MR. ZUCE. Gagawin nilang lahat kung anong iuutos…<br />
SEN. OSMEÑA. Ang ibig sabihin mo na pinag-usapan kung paano<br />
makadaya pabor kay Gloria Arroyo. Iyon ba?<br />
MR. ZUCE. Opo.<br />
SEN. OSMEÑA. Ngayon, ito pong initial funding na ni-request dito<br />
po sa, “We requested funding <strong>for</strong> the project from the<br />
President and an initial funding of 1 million was given to our<br />
office <strong>for</strong> the consultation of election officers in Mindanao.”<br />
Ito pong 1 million, saan po nanggaling iyang pondo na iyan?<br />
Galing ba sa national budget of sa partido?<br />
MR. ZUCE. Sa Malacañang po galing.<br />
SEN. OSMEÑA. Hindi. Pero halatang-halata itong office ng, Office <strong>for</strong><br />
Political Affairs has the cover of officialdom, presidential liaison<br />
office po ang tawag dito, ngunit itong mga activities na ganito<br />
parang party affairs ito. Ngunit tinatanong ko lang, saan kaya<br />
nanggaling itong 1 million na ito?<br />
MR. ZUCE. Nag-ano po ako, sir, pina-liquidate po ako, at nag-submit po<br />
ako ng resibo sa palasyo, sir.<br />
SEN. OSMEÑA. Sa palasyo?<br />
78
MR. ZUCE. Opo.<br />
SEN. OSMEÑA. So bale official ito?<br />
MR. ZUCE. Opo.<br />
SEN. OSMEÑA. Mayroon ho kayong kopya nu’ng mga resibo?<br />
MR. ZUCE. Wala na po, sir, sinabmit (submit) na po eh.<br />
SEN. OSMEÑA. Okay. Ito po, “We then requested <strong>for</strong> funding <strong>for</strong> the<br />
project from the President.” From the President mismo.<br />
MR. ZUCE. Ah, iyong pondo po, opo.<br />
SEN. OSMEÑA. Siya mismo ang nag-approve ng 1 million-peso<br />
release?<br />
MR. ZUCE. Opo.<br />
SEN. OSMEÑA. Mayroon ho kayong kopya niyan?<br />
MR. ZUCE. Ang hawak ko lang po is, iyong letter po namin na ipinadala<br />
sa kanya regarding po doon sa project.<br />
SEN. OSMEÑA. Okay. Ngayon po, sa paragraph 5, ang nakasulat po<br />
rito, “These consultation meetings discussed the political situation<br />
in all the provinces of Mindanao, including who are the politicians<br />
supporting and who are against PGMA. Regional director, Atty.<br />
Garcillano, also talked to the election officers and asked them<br />
whether if PGMA runs <strong>for</strong> president…” Sabagay, ito iyong period<br />
na hindi siya tatakbo, hindi ba?<br />
MR. ZUCE. Opo.<br />
SEN. OSMEÑA. Okay. So, “…if PGMA runs <strong>for</strong> president, she is assured<br />
of support from them…” - meaning, the election officers – “…in<br />
their respective assigned areas…<br />
SEN. OSMEÑA. …in their respective assigned areas <strong>for</strong> her candidacy in<br />
2004. So, ito pong mga consultation meetings is to get<br />
commitments…<br />
MR. ZUCE. Tama po.<br />
SEN. OSMEÑA. …<strong>for</strong> support…<br />
MR. ZUCE. Tama po kayo.<br />
79
SEN. OSMEÑA. …to cheat on behalf of Gloria Arroyo in case she<br />
runs <strong>for</strong> President?<br />
MR. ZUCE. Opo.<br />
SEN. OSMEÑA. Ngayon alam mo ba kung binigay ni Joey Rufino kay<br />
Pangulong Arroyo?<br />
MR. ZUCE. Pinadala po ‘yan, sir, kasi mayroon kaming pinadala doon<br />
sa opisina mismo ni Presidente na may cover po na “confidential.”<br />
Wala po lang ako noon, sir. Hindi po ako nakapagpa-xerox noon.<br />
SEN. OSMEÑA. Sino po nagdala ng cash doon kay Garcillano, ikaw<br />
ba?<br />
MR. ZUCE. Ako rin po mismo.<br />
SEN. OSMEÑA. Aha. So, kayo ho nagdala ng cash. Sino ang<br />
nagbigay ng cash sa iyo?<br />
MR. ZUCE. Si Secretary Rufino po.<br />
SEN. OSMEÑA. At ngayon, siguro masasabi mo na Joey Rufino was<br />
never involved in planning the cheating in Mindanao.<br />
Mukhang hindi siya nag-a-attend ng mga meetings ninyo.<br />
MR. ZUCE. Alam naman po niya lahat ‘yon.<br />
MR. ZUCE. Medyo umiiwas sa – na may makakita. (ibid., p. 134-142;<br />
emphasis supplied)<br />
xxx xxx xxx<br />
SEN. EJERCITO ESTRADA (L). …ipinahayag na mayroong pang sinabi<br />
doon sa marginal note na “He can deliver.” Alam mo ba,<br />
puwede mo bang ipaliwanag kung ano ibig sabihin ng “He can<br />
deliver?”<br />
MR. ZUCE. Marami pong bagay po ‘yong “He can deliver,” pero para<br />
sa nasa commission ka, ang ibig sabihin po you can deliver<br />
votes.” (ibid., p. 145; emphasis supplied)<br />
Testimony of Michaelangelo Zuce, under oath be<strong>for</strong>e the Joint Hearing, Senate<br />
Committee on Public Order and Illegal Drugs, Committee on Games, Amusement<br />
and Sports, Committee on Constitutional Amendments, Revision of Codes and<br />
Laws, and Committee on Finance on August 10, 2005<br />
“SEN. MADRIGAL. Sino naman ang bumubuntot sa inyo? Bakit,<br />
napaka-dangerous ba itong electoral fraud na nangangailangan<br />
kayo ng security?<br />
80
MR. ZUCE. Siyempre po, marami pong magagalit kasi pag pumapasok<br />
po kami sa isang canvassing area, nagbabago ho ‘yong trending.<br />
SEN. MADRIGAL. So, pagpasok niyo natatalo si GMA, paglabas niyo,<br />
panalo na siya, ‘yong trending na ibig sabihin niyo?<br />
MR. ZUCE. Nagbabago ho ‘yong resulta.<br />
SEN. MADRIGAL. Nagbabago.” (ibid., p. 3-4; emphasis supplied)<br />
Testimony of Michaelangelo Zuce, under oath be<strong>for</strong>e the Senate Committee on<br />
National Defense on January 19, 2006<br />
SEN. EJERCITO ESTRADA (J). Mr. Zuce, meron bang pagkakataon na<br />
kasama mo si Commissioner Garcillano na kausap niya si Gng.<br />
Arroyo?<br />
MR. ZUCE. Meron po, Your Honor. Kasi pagkatapos niya pong<br />
kausapin or pag nagri-ring pa lang, sinasabi niya na “Si<br />
Presidente ito.” Tapos…<br />
SEN. EJERCITO ESTRADA (J). Ano yung particular phrase na nandun<br />
ka na sinabi sa tape?<br />
MR. ZUCE. “Hello, ma’am.”<br />
SEN. EJERCITO ESTRADA (J). Yung lang ang narinig mo kay Garci,<br />
“Hello, ma’am lang?<br />
MR. ZUCE. Usually, yun yung ano tapos lumalayo na po siya.<br />
SEN. EJERCITO ESTRADA (J). Lumalayo ka?<br />
MR. ZUCE. Siya po. Dumidistansya po.<br />
SEN. EJERCITO ESTRADA (J). Ah iniiwas niya ang conversation ss iyo?<br />
MR. ZUCE. Opo.<br />
SEN. EJERCITO ESTRADA (J). Pero kailan ito? Kailan ito nangyari?<br />
Definitely it was be<strong>for</strong>e the election?<br />
MR. ZUCE. Be<strong>for</strong>e po and after.<br />
SEN. EJERCITO ESTRADA (J). Or during?<br />
MR. ZUCE. Be<strong>for</strong>e and after po.<br />
SEN. EJERCITO ESTRADA (J). Be<strong>for</strong>e and after?<br />
MR. ZUCE. Opo.<br />
SEN. EJERCITO ESTRADA (J). So there was an instance when you were<br />
there when Garcillano talked with Mrs. Arroyo?<br />
MR. ZUCE. Opo. (ibid., p. 8-9, II-3, 1:19 p.m.; emphasis supplied)<br />
Affidavit of Army Capt. Marlon Mendoza dated August 6, 2005 submitted to the<br />
Senate when he testified on August 10, 2005, corroborating the testimony of<br />
Michaelangelo Zuce regarding manipulation of election results, attesting that he heard<br />
the boasting admission of Garcillano to the effect that jueteng lord Bong Pineda has<br />
81
provided P300 million to ensure the election of President Arroyo, as well as witnessed<br />
the bribery of Comelec officials by election officers and by Zuce in behalf of Garcillano<br />
to benefit President Arroyo<br />
“I, MARLON MENDOZA, of legal age, married and a resident of<br />
Camp Aguinaldo, Quezon City, after having been duly sworn in<br />
accordance with law do hereby depose and state:<br />
Mabuhay ang Pilipinas<br />
Mahal ko ang Ating Bansa<br />
That since I was a child, it has always been my dream to<br />
become a gallant soldier. That was the main reason why I decided<br />
to join the AFP.<br />
Mainly to serve my beloved country and countrymen. However,<br />
in the course of my service with the AFP there were times when I<br />
have to close my eyes and ears with the way our Government is<br />
being managed and exploited by some powerful politicians. That I<br />
just kept silent in order to preserve my job with AFP considering<br />
that I have a family to support.<br />
However, there is a saying that “Man does not live on bread<br />
alone but with every words that come from the mouth of God”. The<br />
time has come when the truth must surface in order to serve the<br />
ends of justice. I am willing to take all the consequences of my act. I<br />
can no longer stand the injustice that our political leaders are doing<br />
to our country, our economy. It is the poor who are the hardest hit.<br />
Where is the conscience of some of our government officials who,<br />
with the use of taxpayer’s money buy out the principle, integrity and<br />
dignity of some unscrupulous government officials just to attain<br />
their goals. That there is another saying that “The truth shall set<br />
you free”. At this point, I feel that our countrymen ought to know<br />
the truth.<br />
That This Was What Actually Happened:<br />
1. That from April to June 2004, I was assigned as Chief<br />
Security Officer <strong>for</strong> Com. Virgilio Garcillano;<br />
2. During the first few days of my assignment with Com.<br />
Virgilio Garcillano, I still vividly recall when we were in Naga,<br />
Camarines Sur. On one occasion while we were having a<br />
drinking spree with Com. Virgilio Garcillano and other<br />
Comelec officials in that area, I distinctly heard Com. Virgilio<br />
Garcillano telling us that “Bong Pineda already gave Three<br />
Hundred Million Pesos to support President Gloria Macapagal<br />
Arroyo’s success in the election. He also said that he plays a<br />
vital role in the election;<br />
82
3. On May 11, 2004, I was asked by my boss Com. Virgilio<br />
Garcillano to act as Security Officer <strong>for</strong> Michaelangelo Suze, and a<br />
certain King James (friend of GMA), Butch (a consultant related to<br />
DFA Sec. Romulo) and a certain Jun L. Bamboo of the Presidential<br />
Management Services;<br />
4. On May 1, 2004, I went to Cagayan de Oro City by plane.All<br />
the while, I thought that Com. Virgilio Garcillano will be there so I<br />
can per<strong>for</strong>m my duties as his Chief Security Officer. However I was<br />
surprised when I was met by Michaelangelo Suze, aka Louie, which<br />
made me recall that I have already seen him twice at Diamond<br />
Hotel sometime April 2004, in a breakfast meeting with my boss<br />
Com. Virgilio Garcillano and other Malacanang officials;<br />
5. Upon arriving at Cagayan de Oro Airport some people<br />
picked us up and brought us to Pryce Hotel where we ate our<br />
lunch.<br />
xxx xxx xxx<br />
8. The following day, we went to Lanao del Norte Camp<br />
where the final canvassing was being held, to talk to a certain<br />
COMELEC Director Atty. Sumalipao and I personally saw large<br />
amount of cash in an envelope being given to said COMELEC<br />
Director;<br />
9. That <strong>for</strong> several occasion, my boss Com. Virgilio Garcillano<br />
would call Michaelangelo Suze whether he has already done his<br />
mission.<br />
10. Early in the morning, we went back to Lanao Del Norte<br />
Camp to talk again to Comelec Director Atty. Sumalipao. Then I<br />
saw a certain lawyer connected with the office of Com. Virgilio<br />
Garciliano also following up the status of the ranking in the<br />
election of Gloria Macapagal Arroyo in the area. Then I heard<br />
Michaelangelo Suze telling Atty. Sumalipao that he is doing<br />
something <strong>for</strong> the success of GMA in the election;<br />
Then in the afternoon, we went back to Dynasty Hotel as our<br />
base in Cagayan de Oro City. In the evening, we had our dinner at<br />
the house of King James a very close friend of GMA arid we<br />
planned <strong>for</strong> our movement in Cotobato the next day;•<br />
The following day, we went to Camp Awang in Cotabato<br />
City where the final canvassing of election returns is being<br />
held and I saw Michaelangelo Suze having a very private<br />
conversation with a certain Comelec Director with the<br />
corresponding giving of cash in envelopes. I even personally<br />
saw a certain employee under the office of Com. Virgilio<br />
Garcillano who was there <strong>for</strong> a couple of days to assist in the<br />
manipulation of election results in favor of GMA. Then I tried<br />
to elicit in<strong>for</strong>mation from said employee by asking him,”<br />
83
Kamusta na si GMA dito? Then he replied by saying, “Sir,<br />
ginagawan na namin ng paraan dito”. Upon hearing that, I<br />
called up my classmate through my cellphone that there was<br />
an ongoing rampant cheating being made by the group of GMA.<br />
I almost cried while I was talking to my classmate, but he told<br />
me `we cannot do anything at this time, mag-ingat ka dyan.’<br />
xxx xxx xxx<br />
13. Early morning, we left Cotobato City and went back to<br />
Mindanao State University in Lanao and I took our lunch and meet<br />
other groups I could not recall their names but I can recognize<br />
their faces. While having our lunch, I heard that a certain<br />
General in a camp located in the upper portion of Mindanao<br />
State University relieved from his position <strong>for</strong> not cooperating<br />
with the Comelec Officials favoring GMA. They even laughed<br />
about the mis<strong>for</strong>tune of said General. I was frightened upon<br />
hearing the incident, and I told myself “what can I do now with<br />
this irregularities going on, I am only just a captain”. So I kept<br />
silent and just continued to do my duty as instructed to per<strong>for</strong>m<br />
security <strong>for</strong> the group;<br />
xxx xxx xxx<br />
14. The next day we went to the old house of Gloria Macapagal<br />
Arroyo in Marawi City to have a meeting with some people. There I<br />
saw the picture of GMA when she was still single. And we took our<br />
lunch in a restaurant which was near a lake. While we were<br />
having lunch, I heard somebody saying “huling binibilang ang<br />
balota sa area ng Lanao del Norte at Lanao del Sur para<br />
makakuha ng dagdag if GMA will lose in other areas in the<br />
country”;<br />
xxx xxx xxx<br />
20. That I cannot stomach what happened when we were<br />
in Mindanao but I had no choice. I have to per<strong>for</strong>m my job as a<br />
Security Officer <strong>for</strong> Michaelangelo Suze under the instruction<br />
of my boss Com. Virgilio Garcillano;<br />
21. That I hope that the truth would eventually surface and<br />
that. justice would prevail.<br />
22. That I was a witness to the business transactions of<br />
Com. Virgillo Garcillano particularly in the exercise of his<br />
official functions being his Chief Security Officer. He met<br />
twice Michaelangelo Suze in Diamond Hotel and also in the<br />
COMELEC Office and there were times when I am aware that<br />
Com. Virgilio Garcillano personally reports to GMA in<br />
Malacanang;<br />
23. I still vividly remember when we were in Daet, Camarines<br />
Sur, a certain Comelec Director Hassan based in Daet thought<br />
that I was very close to Com. Virgilio Garcillano and he told me<br />
that GMA should give at least Fifty Thousand Pesos<br />
(Php50,000.00) <strong>for</strong> each Comelec Registrar to ensure the<br />
84
success of GMA. When Com. Virgilio Garcillano noticed that I<br />
was talking with the Comelec Director, he scolded me;<br />
24. There are two other enlisted personnel who are<br />
also detailed with Commissioner Virgilio Garcillano as security<br />
personnel. One of whom is a townmate of the Commissioner<br />
whereas the other one is a long time friend of his. These two<br />
enlisted personnel are now back to their respective units, but they<br />
have played a very sensitive role in the distribution of bags of<br />
money as they themselves were the ones who manually carried<br />
the bags of money and brought it <strong>for</strong> the purpose of<br />
distributing the same.<br />
25. May truth and justice prevail. The truth shall set us free!”<br />
(emphasis supplied)<br />
Testimony of Army Capt. Marlon Mendoza, under oath be<strong>for</strong>e the Joint Hearing<br />
of the Senate Committee on Public Order and Illegal Drugs, Committee on<br />
Games, Amusement and Sports, Committee on Constitutional Amendments,<br />
Revision of Codes and Laws and Committee on Finance on August 10, 2005<br />
“SEN. LACSON. … Anong basis ng statement mo na si Commissioner<br />
Garcillano ay talagang nandaya <strong>for</strong> President Arroyo?<br />
MR. MENDOZA. Unang-una po, kapag sinusundo ko si Virgilio Garcillano sa<br />
bahay niya in the morning, sa bahay niya, kasama ko siya sa<br />
breakfast, sinasabi niya sa wife niya na, “Kailangan manalo talaga<br />
itong si GMA, kung hindi, hindi ako mako-confirm sa Commission<br />
on Appointments; kung hindi, mawawalan tayo ng trabaho.” So, I<br />
just kept silent on that, continued eating. Then, when I heard that Bong<br />
Pineda gave 300 million far GMA, to support GMA’s election, so nasabi<br />
ko, ‘Ito na ang gagamiting pondo.’<br />
xxx xxx xxx<br />
SEN. LACSON. Mayroon kang nabanggit na naka-save pa na text<br />
message sa iyo galing kay Atty. Sumalipao ba ‘yong binanggit<br />
mo kanina?<br />
MR. MENDOZA. Yes, Your Honor.<br />
SEN. LACSON. Puwede mo bang i-share sa amin kung ano ‘yong<br />
nilalaman no’ng text message niya sa iyo?<br />
MR. MENDOZA. Nagkamali po siya ng text message, napadala niya sa<br />
akin. He maybe talking with some people asking <strong>for</strong> a favor<br />
kung puwedeng manalo ang isang senador na ganito ang<br />
puwesto. Ang sabi niya, “Malabong mangyari ang sinasabi<br />
mong number 2 or number 1,” kasi there were three<br />
candidates <strong>for</strong> senator in Mindanao. So, nakikita ko talagang<br />
85
dinadaya nila.<br />
xxx xxx xxx<br />
SEN. LACSON. Anyway, you mentioned a certain general who was<br />
relieved <strong>for</strong> refusing to cooperate with the cheating<br />
machinery in Mindanao at that time. Can you identify to us<br />
itong heneral na ito?<br />
MR. MENDOZA. He is General Gudani.<br />
SEN. LACSON. Ah, ito rin iyong na-mention ni Commissioner<br />
Garcillano doon sa tape na pinatanggal niya sa Mindanao<br />
iyong assignment o pina-relieve dahil hindi nga nagkocooperate.<br />
MR. MENDOZA. Yes, Your Honor<br />
xxx xxx xxx<br />
SEN. LACSON. At may nabanggit ka rin na nung makita mo si<br />
Michaelangelo Zuce sa Mindanao o sa Cotabato ba ay naalala<br />
mong nakita mo na siya sa Diamond Hotel noong Abril?<br />
MR. MENDOZA. Yes, sir.<br />
SEN. LACSON. Pero may kasamang mga - kasama rin si Commissioner<br />
Garcillano at may kasamang mga Malacanang officials.<br />
MR. MENDOZA. Yes, sir.<br />
SEN. LACSON. Matatandaan mo ba kung sino iyong mga Malacanang<br />
officials na kasama ni Mr. Zuce doon sa Diamond?<br />
MR. MENDOZA. Once I see them, sir, I could easily identify them, sir.<br />
SEN. LACSON. Mr. Chairman, can I direct the question to Mr. Zuce if he<br />
can recall who the Malacanang officials being referred to by<br />
Captain Mendoza in the Diamond Hotel?<br />
xxx xxx xxx<br />
THE CHAIRMAN (SEN. VILLAR). Yes. Mr. Zuce, please answer.<br />
SEN. LACSON. In the Diamond Hotel meeting last April, April of 2004.<br />
MR. ZUCE. Actually po, sa dami ng naging meetings namin, sir, sa<br />
Diamond Hotel kasi paborito ho ni commissioner iyong Japanese<br />
restaurant diyan, hindi ko na ho masyadong naalala kung -pero<br />
meron ho talaga.<br />
SEN. LACSON. Sinu-sino iyong - maski hindi doon sa Diamond o<br />
ibang okasyon na nasa Diamond din, may nare-recall ka ba na<br />
opisyal na galing Malacanang na nakikipag-meeting sa inyo ni<br />
Commissioner Garcillano?<br />
86
MR ZUCE. Ang madalas ho naming kausap doon, unang-una po iyong<br />
si Butch Pakinggan na consultant po ni Sec. Romulo, and then<br />
pati po iyong Usec niya na si Usec Ebarle, iyon na iyong<br />
madalas kong natatandaan ko po.<br />
xxx xxx xxx<br />
SEN. PIMENTEL. Thank you, Mr. Chairman. Napakaganda iyong mga<br />
testimony mo pero ang pangamba ko baka bukas nasa television<br />
ka’t mag-sorry kayo kay Pangulo. Ano ba sa tingin mo, hindi<br />
mangyayari iyon?<br />
MR. MEN DOZA. No, Your Honor.<br />
SEN. PIMENTEL. Very good.<br />
MR. MENDOZA. Ito pong ginawa ko’y para po sa bayan at sa<br />
katotohanan.<br />
SEN. PIMENTEL. Tama iyon at iyon lang ang gusto namin na huwag<br />
mag-testify dito sa mga hindi totoo. So, we’d like to present<br />
there<strong>for</strong>e, along that line, Mr. Chairman, at kina-clarify ko lang<br />
itong statements mo, a certain King James, iyon ba ay si George<br />
Go King ng Cagayan de Oro?<br />
MR. MENDOZA. He was only called as King James. Kingpin nga ang<br />
tawag nila. I’m not particular what is kingpin. Hindi naman ako,<br />
ngayon ko lang, first time ko lang ma-assign ng Comelec, then he<br />
was a Chinese businessman, very rich, according to him. Doon pa<br />
raw natutulog si GMA pag nasa Cagayan de Oro City. And he was<br />
the one providing us <strong>for</strong> coordination, mobility and other things.<br />
SEN. PIMENTEL. Now, dito sa number 8 ng iyong salaysay, binigyan<br />
si Comelec Director Atty. Sumalipao ng cash. Sino’ng<br />
nagbigay?<br />
MR. MENDOZA. Si Zuce po.<br />
SEN. PIMENTEL. Okay. Mr. Zuce, magkano iyong binigay mo kay<br />
Sumalipao?<br />
MR. ZUCE. Sa dami rin, sir, di ko na matandaan po.<br />
SEN. PIMENTEL. Papaano ba, nakalagay sa envelope?<br />
MR. ZUCE. Opo.<br />
SEN. PIMENTEL. Makapal ba o manipis?<br />
MR. ZUCE. Makapal.<br />
SEN. PIMENTEL. Medyo makapal. Okay. Now, would you know anong<br />
87
denomination ng pera na inilagay sa envelope? One<br />
thousand?<br />
MR. ZUCE. Usually, sir, iyong dala ko ho kasi na ibinigay sa akin,<br />
more on one thousand.<br />
SEN. PIMENTEL. One thousand pesos. Okay. Now, number 12 sa<br />
iyong salaysay, sinabi mo na I even personally saw a certain<br />
employee under the office of Commissioner Garcillano who<br />
was there <strong>for</strong> a couple of days to assist in the manipulation of<br />
election results in favor of GMA.” Sino iyong employee na<br />
iyon?<br />
MR. MENDOZA. Si Ivan po. Ivan po ang pangalan niya.<br />
SEN. PIMENTEL. At ito ay empleyado sa opisina ni Mr. Garcillano?<br />
MR. MENDOZA. Yes, Your Honor.<br />
SEN. PIMENTEL. Nakalimutan mo ang first name?<br />
MR. MENDOZA. Nakalimutan ko pa kasi minsan lang po kami nagkita sa<br />
office ni Garcillano at saka sa Daet, nakasama ko rin siya.<br />
SEN. PIMENTEL. At dito sa number 23 sa iyong salaysay, nameet mo<br />
raw si Comelec Director Hassan?<br />
MR. MENDOZA. Yes, Your Honor.<br />
SEN. PIMENTEL. To your knowledge, is he still there, nandiyan pa ba<br />
siya, nandiyan pa siya sa Daet hanggang ngayon?<br />
MR. MENDOZA. When I tried to contact Hassan, sabi niya nirelieve daw<br />
siya ni Commissioner Virgilio Garcillano. Floating status daw siya<br />
sa main. So, kinukumusta ko lang po siya kung what he could<br />
reveal to me dahil makuwento po siya, eh. iyon pala wala na pala<br />
siya doon. Kaya po ako tumawag dahil ‘kako baka marami pa<br />
siyang ikuwento sa akin, iyon pala na-relieve siya.<br />
xxx xxx xxx<br />
SEN. DEFENSOR SANTIAGO. I see. This is a legislative inquiry in aid of<br />
legislation on jueteng. During the period and the time when you<br />
testified about your activities as a military officer, were you able to<br />
observe jueteng operations or to access any knowledge about<br />
jueteng except that you heard about Bong Pineda?<br />
MR. MENDOZA. Talamak na po ang jueteng at kahit na mga ibang<br />
classmate ko sa field, alam ko sinasabi nila nabibigyan din sila<br />
ng konti po.<br />
SEN. DEFENSOR SANTIAGO. Ah, sinasabi nila. Pero ikaw, ano ang<br />
88
sinasabi mo? Iyon lang narinig mo.<br />
MR. MENDOZA. Pero sa amin sa Batangas po, talamak po ang<br />
jueteng. Marami pong tumataya doon araw-araw.<br />
SEN. DEFENSOR SANTIAGO. All right. But this is not an inquiry about<br />
Batangas. This is an inquiry about laws about jueteng. Now, let’s<br />
go to your affidavit. You said “From April to June, I was assigned<br />
as chief security officer <strong>for</strong> Commissioner Garcillano.” At<br />
maraming masama ang sinasabi mo tungkol sa iyong dating boss<br />
na pinakisamahan mo ng halos siguro isang taon. Ngayon, ang<br />
tanong ko sa iyo ay ganito. Bakit ka naghintay ng halos lampas<br />
ng isang taon para ibulgar mo itong mga sinasabi mong<br />
masamang gawain ni Commissioner Garcillano lalong-lalo na<br />
alam mong wala siya rito? Please do not deduct this;<br />
Committee Secretary, from my five minutes.<br />
MR. MENDOZA. Your Honor, pagod na pagod na po ako after that<br />
election. Pagod na pagod na po ako sa pagsasabi sa religious<br />
group. I even relayed this to Pastor Jojo Gonzales to in<strong>for</strong>m<br />
Bro. Eddie Villanueva that he was really cheated last election<br />
dahil ang binoto ko po noon ay ang - ang pinabobotohan ko po<br />
noon ay Si Bro. Eddie Villanueva dahil I am a...<br />
SEN. DEFENSOR SANTIAGO. I understand the gist of your answer<br />
now.<br />
MR. MENDOZA. Yes, ma’am. Then.<br />
SEN. DEFENSOR SANTIAGO. I am sorry, but I have to control this,<br />
otherwise, I will run out of five minutes, ha. Ang tinatanong<br />
ko lang sa iyo ay bakit, why did you not go public? Mukhang …<br />
xxx xxx xxx<br />
... go public. Mukhang kinausap mo lang pribado itong mga taong<br />
ito. Now, my next question refers to your Paragraph 2 if you have<br />
a copy of your affidavit. You said, “I distinctly heard Commissioner<br />
Garcillano telling us Bong Pineda already gave P300 million to<br />
support President Arroyo’s success in the election.” My question is<br />
this, ikaw ba’y nandodoon nang binigay ni Bong Pineda ang pera<br />
kay President Arroyo? Were you an eyewitness?<br />
MR. MENDOZA. Wala po ako doon sa...<br />
SEN. DEFENSOR-SANTIAGO. Did you ever see President Arroyo<br />
during the entire campaign period close-up, well, apart from<br />
the fact that she was on stage or was in a motorcade?<br />
MR. MENDOZA. Nakita ko lang po siyang kausap doon ni<br />
Commissioner Virgilio Garcillano sa loob ng rest house ni...<br />
89
SEN. DEFENSOR-SANTIAGO. Nag-uusap sila?<br />
MR. MENDOZA. ...ni Villafuerte nang dumating po siya noon.<br />
SEN. DEFENSOR-SANTIAGO. Nadidinig mo kung ano ang pinag-usapan<br />
nila?<br />
MR. MENDOZA. Hindi po, but ng nag…<br />
SEN. DEFENSOR-SANTIAGO. All right. Thank you. So, hindi mo nakita<br />
si Bong Pineda na nagbigay ng pera kay President Arroyo, kung<br />
hindi narinig mo si Commissioner Garcillano, ‘no? Tama ba iyon?<br />
MR. MEDOZA. Yes, Your Honor.<br />
SEN. DEFENSOR-SANTIAGO. All right, good. Thank you. Did you ever<br />
see President Arroyo distributing cash envelopes to any person,<br />
hindi lang kay Commissioner Garcillano?<br />
MR. MENDOZA. Wala po, Your Honor.<br />
SEN. DEFENSOR-SANTIAGO. No. All right. Now, you seem to be a very<br />
idealistic young man and you even said in your affidavit, “When I<br />
was telling my classmate about these electoral irregularities, I felt<br />
like crying.” Napakalakas ng sentimiyento mo.<br />
MR. MENDOZA. Opo.<br />
SEN. DEFENSOR-SANTIAGO. E di natural dahil marami kang naririnig<br />
laban kay President Arroyo, natural ba na hindi mo na siya gusto.<br />
Maybe we can use the word “you grew to dislike her” or shall we<br />
use a stronger word “you grew to hate her”. Ano kaya?<br />
MR. MENDOZA. Magaling po si President Gloria Macapagal Arroyo,<br />
pero iyong na-witness ko po ay hindi ko na po nagustuhan<br />
iyon.<br />
SEN. DEFENSOR-SANTIAGO. Hindi mo na siya nagustuhan noon. Iyan<br />
ba ang dahilan kung bakit noong ika’y naging estudyante ng<br />
Advanced Engineering Course sa Camp Tinio, Nueva Ecija,<br />
sinasabi na nag-distribute ka ng mga CDs laban kay President<br />
Arroyo. Iyan ba ang dahilan, dahil ayaw mo na siya eh.<br />
MR. MENDOZA. I was talking to my classmates and some upper<br />
classmen that there was really cheating in the last election."<br />
(emphasis supplied)<br />
Testimony of Marine Col. Alexander Balutan, under oath be<strong>for</strong>e the Senate on<br />
September 28, 2005 – about the pressure exerted on him by Army Col. Pirino to<br />
90
“slacken” his otherwise very strict election security measures in Lanao del Sur, made<br />
possible by the fact that his Marine commander Brig. Gen. Francisco Gudani was<br />
irregularly relieved from duty and instructed to go to Manila, play golf or go to Boracay<br />
at the height of the counting of votes<br />
“THE CHAIRMAN. … I would like to pursue a question of Colonel<br />
Balutan. When you were there and during the conduct of<br />
elections, including the campaign period, the casting of the<br />
votes, and then the counting of the votes, did anyone<br />
approach you to try to suggest to you, to advice you, to<br />
influence you, to order you, or to bribe you to commit any act<br />
which you would think is violative of the Election Code?<br />
MR. BALUTAN. I can only remember, Mr. Chairman, that when the<br />
replacement of General Gudani, Colonel Pirino assumed as<br />
the…<br />
THE CHAIRMAN. As task <strong>for</strong>ce commander.<br />
MR. BALUTAN. …as task <strong>for</strong>ce commander.<br />
THE CHAIRMAN. Right.<br />
MR. BALUTAN. … which he was, in fact, telling us to, you know,<br />
support the administration.<br />
THE CHAIRMAN. Did he say this?<br />
SEN. LACSON. In the election.<br />
MR. BALUTAN. In the election, sir.<br />
THE CHAIRMAN. Did he say this?<br />
MR. BALUTAN. Yes, sir.<br />
THE CHAIRMAN. As task <strong>for</strong>ce commander that was temporarily at that<br />
point exercising operational control over you.<br />
MR. BALUTAN. Yes, sir.<br />
THE CHAIRMAN. Did he specify, did he define how this is going to<br />
be done?<br />
MR. BALUTAN. I do not know the mechanics of – there, sir, but in my<br />
capacity as the battalion commander, mine is only security and…<br />
THE CHAIRMAN. Yes.<br />
91
MR. BALUTAN. …what I mean is that maybe or perhaps his<br />
insinuation that we support the administration is that we<br />
slacken security.<br />
THE CHAIRMAN. What were the exact words that he used?<br />
MR. BALUTAN. To loosen security so that – because during that time,<br />
the security of the marine battalion under my command was<br />
very strict. Only those persons inside the canvassing area<br />
were authorized, the representative…<br />
THE CHAIRMAN. Meaning, your task was to protect the integrity of<br />
the process.<br />
MR. BALUTAN. Correct, Your Honor, Mr. Chairman.<br />
THE CHAIRMAN. By preventing any incursion by any unauthorized<br />
people into the proceedings.<br />
MR. BALUTAN. Yes, Your Honor.<br />
THE CHAIRMAN. Yes. And you were strict.<br />
MR. BALUTAN. Very strict, sir.<br />
THE CHAIRMAN. And is this the one you are referring to as<br />
Colonel…<br />
MR. BALUTAN. Colonel Pirino, sir.<br />
THE CHAIRMAN. …Pirino when he asked you – what were the exact<br />
words he used?<br />
MR. BALUTAN. During the in<strong>for</strong>mal conference in the headquarters joint<br />
task <strong>for</strong>ce Lanao, 1 st Marine Brigade, he told us to support the<br />
administration, sir.<br />
THE CHAIRMAN. Support the administration. You had mentioned<br />
about slackening. What do you mean by that?<br />
MR. BALUTAN. Maybe that’s the only thing that we can do because<br />
we don’t have access or, what do you call this, kung papaano<br />
ginagawa ‘yong sa itaas, sir separate lang sa amin.<br />
THE CHAIRMAN. Okay. Now, in your understanding because, you<br />
know, there is a superior giving you – issuing you an order to<br />
do something like slackening. You used the word<br />
“slackening,” no. In your mind, how did that instruction to<br />
you by your superior interpreted by you?<br />
92
MR. BALUTAN. In the first place, I did not follow the order because I<br />
know…<br />
THE CHAIRMAN. No, no, no. How did you interpret the meaning of<br />
that?<br />
MR. BALUTAN. To loosen security.<br />
THE CHAIRMAN. Anong dating sa ‘yo?<br />
MR. BALUTAN. Ang sa akin, sir, luwagan namin ‘yong security doon<br />
sa mga canvassing areas perhaps to allow cheating. (emphasis<br />
supplied)<br />
xxx xxx xxx<br />
THE CHAIRMAN. Yes, okay. Do you know of any other officers in the<br />
Armed Forces, any unit in the Armed Forces that might have<br />
been issued instructions, influences, advices, bribes,<br />
whatever, in their own area, not in your area who might have<br />
been placed in the same situation?<br />
MR. BALUTAN. I do not have any personal knowledge about this. But<br />
during that time when General Gudani was in Manila and the<br />
OIC, Colonel Pirino, was running the joint task <strong>for</strong>ce Lanao, …<br />
THE CHAIRMAN. Yes.<br />
MR. BALUTAN. …and practically commanding the 1 st Marine Brigade,<br />
somebody talked …/arg<br />
MR. BALUTAN. …somebody talked to me by cell phone that I had to<br />
follow the chain of command, meaning, they had to follow…<br />
THE CHAIRMAN. What do you mean by that “follow the chain of<br />
command”?<br />
MR. BALUTAN. “Follow the chain of command” meaning, that I<br />
have to follow Colonel Pirino.<br />
THE CHAIRMAN. Colonel Pirino. Sino’ng tumawag sa iyo?<br />
MR. BALUTAN. The southcom, Mr.Chairman.<br />
THE CHAIRMAN. Oh, pero …<br />
SEN. LACSON. Colonel Quingco<br />
MR. BALUTAN. Correct, Your Honor.<br />
THE CHAIRMAN. But you have a brigade commander.<br />
93
MR. BALUTAN. Yes.<br />
THE CHAIRMAN. Yes. And the brigade commander was General<br />
Francisco Gudani.<br />
MR. BALUTAN. That’s why there was…<br />
THE CHAIRMAN. Were you in<strong>for</strong>med of the reason why he was<br />
absent at the critical time in the area of responsibility? Were<br />
you in<strong>for</strong>med why he was absent there?<br />
MR. BALUTAN. We were surprised, Mr. Chairman. I was not<br />
in<strong>for</strong>med.<br />
xxx xxx xxx<br />
SEN. OSMEÑA. Colonel, would you just run through that again? I did<br />
not quite catch something that you said earlier na mayroon<br />
daw in a meeting a certain government official said that<br />
members of the military should help Gloria Arroyo?<br />
MR. BALUTAN. Sir, Your Honors, that was the statement of Colonel<br />
Pirino who was the designated OIC of Joint Task Force during<br />
the <strong>for</strong>mal conference.<br />
SEN. OSMEÑA. So he used the word “help?”<br />
MR. BALUTAN. Yes, Your Honor.<br />
SEN. OSMEÑA. Did he expound on it what they meant by “help?”<br />
MR. BALUTAN. He did not expound on it.<br />
SEN. OSMEÑA. What did you infer that he meant by the word<br />
“help?” Does it mean campaign <strong>for</strong>? Does it mean assist?<br />
Does it mean make things hard <strong>for</strong> FPJ? What did it mean?<br />
MR. GUDANI. In my capacity as the battalion commander in the<br />
area, that means to me to slacken security because we are in<br />
charge of security.<br />
SEN. OSMEÑA. Slacken security from whom?<br />
MR. BALUTAN. The canvassing area, the transporting and the<br />
escorting of the…<br />
SEN. OSMEÑA. So, there<strong>for</strong>e, you are telling the Committee that<br />
General Gudani was recalled to Manila and his replacement or<br />
temporary<br />
replacement which was Colonel Pirino gave the instructions<br />
that you were to slacken the security of the canvassing areas?<br />
94
For what purpose do you feel did Colonel Pirino issued that<br />
instruction?<br />
MR. BALUTAN. I feel that, so that cheating can push through.<br />
SEN. OSMEÑA. Cheating.<br />
MR. BALUTAN. Yes, sir, Your Honor.<br />
SEN. OSMEÑA. Do you have any in<strong>for</strong>mation how cheating was<br />
undertaken?<br />
MR. BALUTAN. I have no idea what kind or what level of cheating<br />
because I’m very much focused on the physical security of the<br />
canvassing area including the putting of check points, roving<br />
in the whole of Marawi City during that time.<br />
SEN. OSMEÑA. All right. Well, that will be all <strong>for</strong> now, Mr. Chairman,<br />
and I would like General Gudani and Colonel Balutan to know<br />
that they have done the Marines proud.” (emphasis supplied)<br />
On October 5, 2005, Lanao del Sur Namfrel Provincial Chairman Hadji<br />
Abdullah “Lachs” Dalidig executed an affidavit in Marawi City, Lanao del Sur, to<br />
precisely attest to and confirm the fears of Gen. Gudani and Col. Balutan about the<br />
run-away cheating in Lanao del Sur.<br />
Affidavit of Lanao del Sur Namfrel Provincial Chairman Hadji Abdullah “Lacs”<br />
Dalidig dated October 5, 2005 submitted to the CCTA on November 9, 2005 --<br />
exposing the massive cheating and falsification through “dagdag-bawas” of voting<br />
results in Lanao del Sur in favor of President Arroyo and the pressure exerted on him<br />
by Col. Gominto Pirino of the Southcom 27 not to expose election anomalies<br />
“That I was the Provincial Chairman of Lanao del Sur of National<br />
Movement <strong>for</strong> Free Elections (NAMFREL) during the 2004 Elections and<br />
as such, supervising more than 1,000 NAMFREL volunteers <strong>for</strong> all 39<br />
Municipalities of Lanao del Sur plus Marawi City, I was able to observe<br />
actively and closely the conduct of the 2004 elections in Lanao del Sur<br />
and Marawi City;<br />
That I was also the NAMFREL Provincial Chairman <strong>for</strong> Lanao del<br />
Sur since 1992 election and prior to that I was Founder and Organizer in<br />
1991 of the Islamic Movement on Electoral Re<strong>for</strong>m <strong>for</strong> Good Government<br />
(IMERGG) with active presence in practically all the Provinces in Muslim<br />
27<br />
the very same Army colonel who took over from Marine Brig. Gen. Francisco Gudani when the latter – at the<br />
critical period during the counting of votes -- was relieved without valid basis and told by Navy Flag Officer-in-<br />
Command Admiral de Leon to go to Manila, play golf or go to Boracay, according to Brig. Gen. Gudani’s sworn<br />
testimony in the Senate on September 28, 2005<br />
95
Mindanao;<br />
xxx xxx xxx<br />
That I am in possession of official NAMFREL copies of<br />
election returns (ERs) and certificate of Canvass (COCs) that proved<br />
beyond doubt that massive cheating - that directly affected the<br />
results of the presidential and senatorial election in 2004 took place<br />
in Lanao del Sur.<br />
That I officially reported this matter to higher-ups: JOECON<br />
of NAMFREL but was ignored and they made public statements that<br />
the election were free of fraud and cheating and this prompted me<br />
to desist from turning over to NAMFREL national office the<br />
voluminous ERs that could prove beyond any doubt that there was<br />
massive cheating in Lanao del Sur;<br />
That on June 7, 2004, I voluntarily appeared be<strong>for</strong>e the<br />
MEDIA in a press conference at a Quezon City Restaurant and<br />
exposed the FRAUD committed regarding the ‘DAGDAG-BAWAS’ in<br />
Lanao del Sur and were still being committed at Lanao del Sur at<br />
that time;<br />
That on the basis of the ‘GARCI TAPES’ the President (GMA)<br />
on June 8, 2004 made a call to Commissioner Garcillano after my<br />
MEDIA EXPOSE whereby Garcillano offered to attend to the matter<br />
by getting Rey Sumalipao Provincial Election Supervisor of Lanao<br />
del Sur to help;<br />
xxx xxx xxx<br />
‘Conversation between Gary and GMA on 08 17:51 hotel June ‘04<br />
GMA: Hello Garci? Anong gagawin natin dun sa NAMFREL presscon,<br />
yung NAMFREL Lanao del Sur.<br />
Garcillano: Inaano ko. Meron na ho akong kopya ng ifinax ni Nobong,<br />
yung kay Dalidig. But, that is true because I have already my<br />
staff whom I assigned in Lanao Sur. Pagkatapos ho si Rex<br />
Sumalipao (?) the supervisor is coming and we will also try to<br />
make him say something after this. Pagsasalitain ko sila ho<br />
without letting the people know that I am the one who will address<br />
it ho. Ganun lang po Ma’am.<br />
GMA: Ok, ok.’<br />
Atty. Sumalipao is now the COMELEC’s Assistant Regional Director <strong>for</strong><br />
ARMM.’<br />
xxx xxx xxx<br />
I know <strong>for</strong> a fact that the results from Lanao del Sur were among the<br />
last that were transmitted to Congress.<br />
I am a living witness to the massive cheating done in Lanao del Sur<br />
so that the WOMAN in the TAPE got more VOTES that she deserved.<br />
96
To cite just five (5) more examples of the successful Dagdag Bawas<br />
in favor of GMA (ARROYO) and to the deterrent of all other<br />
presidential candidates:<br />
Municipality of Saguiran<br />
Votes per ERs Votes Per COCs Dagdag<br />
+<br />
Bawas<br />
-<br />
Arroyo 1,926 7,449 + 5,523<br />
Poe 3,460 1,602 - 1,858<br />
Lacson 367 117 - 250<br />
Roco 1,000 65 - 935<br />
Villanueva 55 3 -52<br />
Municipality of Marantao<br />
Votes per ERs Votes Per COCs Dagdag<br />
+<br />
Bawas<br />
-<br />
Arroyo 2,535 7,952 + 5,417<br />
Poe 4,045 1,071 - 2,974<br />
Lacson 321 592 - 271<br />
Roco 950 599 - 351<br />
Villanueva 62 212 - 170<br />
Municipality of Tarangka<br />
Votes per ERs Votes Per COCs Dagdag<br />
+<br />
Bawas<br />
-<br />
Arroyo 1,393 5,345 + 3,952<br />
Poe 2,862 500 - 2,362<br />
Lacson 108 65 - 43<br />
Roco 426 74 - 352<br />
Villanueva 17 6 - 11<br />
Municipality of Wao<br />
Votes per ERs Votes Per COCs Dagdag<br />
+<br />
Bawas<br />
-<br />
Arroyo 4,037 7,614 + 3,577<br />
Poe 8,174 4,967 - 3,207<br />
Lacson 2,439 2,188 - 251<br />
Roco 415 396 - 19<br />
Villanueva 920 844 - 76<br />
97
Municipality of Balindong<br />
Votes per ERs Votes Per COCs Dagdag<br />
+<br />
Bawas<br />
-<br />
Arroyo 2,864 6,298 + 3,434<br />
Poe 2,834 1,196 - 1,638<br />
Lacson 168 269 - 101<br />
Roco 1,326 519 - 807<br />
Villanueva 39 0 - 39<br />
That I could not <strong>for</strong>get Col. Gominto Pirino (INF) from SOUTHCOM<br />
who approached me in my NAMFREL OFFICE at Marawi City, at the<br />
height of the canvassing period in 2004 and told me that it would be<br />
wise of me not to expose the election anomalies (Dagdag Bawas) in<br />
the province because being a townmate from Balindong, Lanao del<br />
Sur, he was promised to be promoted to General and many good<br />
things <strong>for</strong> me would be <strong>for</strong>th coming but I didn’t listen to him,<br />
thinking that I would run traitor to Islam, to my people and the<br />
Republic.<br />
That in the Municipality of Poona-Bayabao, the official COC, which<br />
became one of the bases <strong>for</strong> the Congressional Canvassing at<br />
Batasang Pambansa Gloria Macapagal Arroyo was given 4,700 votes<br />
while all the other presidential candidates got zero. But the truth is<br />
that all the other presidential candidates Fernando Poe Jr. (who got<br />
the highest number) Panfilo Lacson, Raul Roco, and Eddie<br />
Villanueva obtained votes as proved by the official ER’s given to<br />
NAMFREL and are still in my custody.” (emphasis supplied)<br />
Hajji Dalidig submitted his above affidavit when he testified be<strong>for</strong>e the CCTA on<br />
November 9, 2005, on which occasion he even further emphasized and clarified that<br />
the cheating and fraud that marred the voting in Lanao during the 2004 elections<br />
made it the worst and dirtiest elections in history.<br />
Testimony of Hajji Abdullah "Lachs" Dalidig be<strong>for</strong>e the CCTA on November 9,<br />
2005, attesting to the massive "dagdag-bawas," among other frauds, that occurred in<br />
Lanao del Sur during the 2004 elections, specially through the falsification of<br />
certificates of canvass to reflect winning margins in favor of President Arroyo contrary<br />
to the contents of electoral returns which showed results in favor of Fernando Poe, Jr.,<br />
confirming the comparative tables in his affidavit<br />
"MR. DALIDIG: Well, on July 7, 2004, I gave my statement that this was<br />
the worst, dirtiest elections ever in history. Noong nangyari doon,<br />
itong sinasabi nating dagdag bawas, pati Lanao, we experience all<br />
98
kinds of fraud, lahat ng klase ng cheating. Hindi lang nangyari<br />
yung tulad ng sinabi ni Mr. Tabayoyong pero lahat ng pandaraya,<br />
electoral fraud ng nakaraang eleksyon. Una yung pagcanvass ng<br />
mga boto ng mga national at local parang pinaghiwalay. Kahit<br />
yung sinasabing dagdag-bawas, yung boto ni Mrs. Arroyo<br />
dinagdagan… dinagdagdagan ng almost all precints,<br />
municipalities. Doon sa COCs. But if you are going to look at<br />
the Election Returns, yung nakuha ni Mrs. Arroyo, mas malaki<br />
pa ang nakuha ni Fernando Poe, Jr.<br />
I can cite some municipalities wherein masasabi nating<br />
nangyari iyan because we have our own evidence there tulad<br />
ng Saguiaran. The vote of GMA, according to COC 7,449.<br />
While yung Election Return, she got only 1,956. Ang nangyari<br />
doon 250% ang nadagdag sa boto nya. Another example is the<br />
municipality of Poona Bayabao, wherein kung titingnan natin<br />
ang Election Return, mas malaki pa ang nakuha siguro ni FPJ<br />
at saka lahat ng kandidato doon ng presidente nakakuha ng<br />
boto. Doon sa Election Return. But if you are going to look<br />
at the COCs, zero silang lahat. Ang nakuha ni FPJ… ay, GMA<br />
4,700. Ang ibig sabihin, lahat ng boto doon ibinigay kay GMA.<br />
ATTY. COLMENARES: … sa election kamo ng Saguiaran, ang boto ni<br />
Pang. Arroyo sa election return 1,956. Pero sa COC naging 7,449<br />
votes na o pagtalon ng 250% ang banggit mo. Ireiterate ko ang<br />
banggit mo, doon sa Poona Bayabao, ang sabi mo, sa Election<br />
Returns, may boto lahat ng kandidato pero pagdating sa<br />
municipal canvassing ng Poona Bayabao, 4,700 ang kay GMA<br />
at zero ang lahat ng kalaban nya sa presidential elections. Mr.<br />
Witness, halimbawa lang ‘no, may papakita akong isang<br />
halimbawa ng election returns sa Poona Boyabao Precint No.<br />
25-A of the municipality of Poona Bayabao. Kilala mo ba ang<br />
mga election returns na ito?<br />
MR. DALIDIG: Ito ang original copy na ibinigay sa NAMFREL sa<br />
amin. So, kung titingnan natin sa election return, you will<br />
find out na si Panfilo Lacson, nakakuha ng isa.<br />
ATTY. COLMENARES: Isa? Isang boto?<br />
MR. DALIDIG: Isa. Si GMA nakakuha siya ng 35 votes. Pero si FPJ,<br />
he got 72 votes. Si Raul Roco nakakuha siya ng 12 at si<br />
Villanueva zero … Then compared it to the COC, Certificate of<br />
Canvass, you will find out that all these candidates got zero<br />
except GMA. Yan ang nangyari talaga na pandaraya doon sa<br />
Poona Bayabao at karamihan doon sa municipalities sa Lanao<br />
del Sur. I have also samples of the comparative tally of some…<br />
some different municipalities.<br />
ATTY. COLMENARES:<br />
xxx xxx xxx<br />
99
Mr. Witness … you are NAMFREL Chairperson, you are<br />
supposed to monitor the election … pwede mo bang<br />
ipaliwanag sa Kapulungang ito kung … papaano nagkaroon ng<br />
discrepancy ang Election Returns at Certificate of Canvass …<br />
Kung anong nakalagay sa Election Returns, iyon din ang<br />
nakalagay sa Certificates of Canvass, paano ninyo ipaliwanag<br />
kung papaano nakakuha ng zero sina Fernando Poe, Roco,<br />
Villanueva’t Lacson kung mayroon naman pala silang boto sa<br />
isang presinto lang, sa isang presinto lang ng Poona Bayabao<br />
at hindi pa natin nabanggit yung ibang presinto?<br />
MR. DALIDIG: I have been the Chairman of NAMREL since 1992, kaya<br />
sinasabi ko na lahat ng paraan ng pandaraya nangyayari and this<br />
time, iyong nakita namin na ginamit talaga ng election<br />
officers, it is the election officers and the Board of Election<br />
Inspectors yung namimili ng boto doon sa lahat ng lugar<br />
naming para kay GMA. Kaya nang nagkaroon ng canvassing<br />
doon sa Election Return, lumabas talagang totoong nakuhang<br />
boto ng bawat isang kandidato, Pero the election… the COC was<br />
not canvassed publicly, yung local canvassing ginawa ng mga<br />
taong may authority, may responsibility sa election. Kaya<br />
nagkaroon ako ng mga report na my volunteers were not<br />
allowed to see the canvassing sa COC.<br />
ATTY. COLMENARES: Hindi sila pinapasok ng Board of Canvassers?<br />
Ano’ng kwento bakit hindi sila pinayagang makapasok?<br />
MR. DALIDIG: Yes, hindi sila pinayagang makapasok. You know the<br />
election officers even ordered to the soldiers na huwag<br />
papasukin ang NAMFREL dahil alam nila na nagsasabi kami ng<br />
katotohanan at we got also the Election Return pinahabol pa<br />
namin doon sa mga bahay nila. That is why we got these 38<br />
Election Returns out of the 39 municipalities, but in regards<br />
to the COC, nakuha namin iyan, they text which (inaudible) COC<br />
but we only got around 40 COC and SOV.<br />
xxx xxx xxx<br />
ATTY. COLMENARES: Mr. Witness … ano’ng ginawa mo pagkatapos na<br />
malaman mong may nangyaring dayaan sa halalan noong 2004<br />
elections?<br />
MR. DALIDIG: Immediately, I made my report, halos every other day<br />
kung ano’ng nangyari, pinapadala ko yung report ko doon sa<br />
national office, kay Bill Luz, the Secretary-General of the<br />
NAMFREL and Joe Concepcion, the Chairman of the<br />
NAMFREL … we did a comparative computation on the<br />
Election Return at saka yung COC. Then yun ipinadala<br />
naming sa national office to prove what goes on during the<br />
elections. Marami akong ebidensiya … may irregularities<br />
talagang nangyayari doon sa mga tao ko. Hindi sila pinapasok<br />
ng mga sundalo, yung hindi sila binigyan ng kopya namin sa<br />
100
Election Returns at saka COC. We really tried our best, nakuha<br />
namin yung tinatawag nating Form 1. So, may media pumupunta<br />
sa opisina ko and they asked me … what really happened in<br />
Lanao. And I showed them the truth of the election na talagang<br />
nangyari doon ang pinakamaruming election sa Lanao del Sur<br />
nitong 2004.<br />
ATTY. COLMENARES: Paglilinaw lang, Mr. Witness, nag-submit ka ng<br />
report sa national leadership ng NAMFREL, kay Joe<br />
Concepcion, pinakita mo itong mga Election Returns kung<br />
saan may mga boto ang mga kalaban ni Pang. Arroyo, pinakita<br />
mo rin ang Certificate of Canvasss na biglang naging zero ang<br />
mga kalaban ng Pang. Arroyo, sinasabi mo, bago palang, walang<br />
ginawa ang Panguluhan ng NAMFREL sa ilalim ni Jose<br />
Concepcion?<br />
MR. DALIDIG: Yes. As I said, I have reported many times to Joe<br />
Concepcion. …. But when I arrived here in Manila, I found out<br />
that they have been talking already in the television that<br />
election in Lanao is clean and honest. So, kaya, I said I should<br />
make the people know the truth on these said election.<br />
Kaya gumawa ako ng presscon, I guess some of our press<br />
brothers here have been there at sinabi ko yung katotohanan sa<br />
nangyari sa election.<br />
xxx xxx xxx<br />
ATTY. COLMENARES: May ipapakita akong isang dokumento, Mr.<br />
Witness, ito’y isang affidavit pinirmahan ng isang<br />
nagngangalang Hadji Abdullah “Lacs” Dalidig. Kilala mo ba<br />
ang dokumentong ito, Mr. Witness?<br />
MR. DALIDIG: Yes, Yes. My signature appears here. Ito ang binigay<br />
kong affidavit para isubmit ito yung nangyayari noong<br />
elections … In the municipality of Saguiaran, Arroyo got<br />
1,950. In the election return. While in the COC, she got<br />
7,499, nadagdagan ang boto niya ng 5,549. Kung titingnan<br />
natin yung mga boto na nakuha ng mga kandidato, lahat sila<br />
nabawasan. Tulad nitong kay Fernando Poe, 3,400 ang<br />
nakuha niya doon sa Election Return. Nang lumabas dito sa<br />
COC, ang nalagay lang dito 1,602. Then ang boto niya nakuha<br />
sana 1,850 …<br />
In Marantao, Arroyo garnered Election Return 2,535.<br />
But in the COC 7,982. Nadagdagan uli ng more than 5,000,<br />
5,447. Ang kay FPJ, sa Election Return, 4,045. While<br />
pagdating doon sa COC, 1,071. Ang ibig sabihin nabawasan ng<br />
2,974. Likewise with the other candidates. Dito naman sa<br />
municipality of Taraka, Arroyo got 1,393 on the Election<br />
Return. While on the COC, she got 5,345. Ang ibig sabihin,<br />
nadagdagan uli ng 3,952. While FPJ got 2,862 in the Election<br />
Return, pagdating sa COC 500 lang ang ibinigay. Kaya<br />
101
inabawasan na naman ng 2,362. Municipality of Wao, the<br />
Election Return, GMA got 4,037, on the Election Return.<br />
Pagdating sa COC 7,614. Nadagdagan uli ng 3,577. Si FPJ<br />
nakakuha ng 8,174 dito sa Election Return sa Wao. Pagdating<br />
dito sa COC, Certificate of Canvass, 4,967 lang ang natira.<br />
Ibig sabihin nabawasan uli ng 3,207.<br />
In the Municipality of (inaudible), this is my hometown,<br />
Arroyo 2,864 pagdating sa COC, nakuha nya, ang nakarecord<br />
6,298. Nadagdagan ng 3,434. FPJ got 2,834. Doon sa COC<br />
1,196 lang ang natira. Nabawasan ng 1,638. This also goes<br />
with the other municipalities. Halos lahat ng munisipyo sa Lanao<br />
del Sur. At saka ang pinakamatindi diyan yung nangyari sa<br />
Poona Bayabao. Doon sa Poona Bayabao, tulad ng sabi ko,<br />
everybody got zero and all the votes there was given to GMA,<br />
yung 4,700 doon sa Certificate of Canvass. While if you are<br />
going to look at our file, dito sa Election Return, you will find<br />
out that all of the candidates got votes and FPJ got, I think,<br />
mas malaki pa kay GMA.<br />
ATTY. COLMENARES:<br />
xxx xxx xxx<br />
Mr. Witness, kilala mo ba si FPJ, Fernando Poe, Jr.? Supporter ka<br />
ba niya o kampanyador?<br />
xxx xxx xxx<br />
MR. DALIDIG: Even in person, hindi ko siya talaga nakita.<br />
ATTY. COLMENARES: Si Pang. Arroyo, kilala mo siya? Nagkita na kayo<br />
ni Pang. Arroyo?<br />
MR. DALIDIG: Well, with regards to GMA, we meet several times. Itong…<br />
She even endorsed one of my NGO group, this Muslim<br />
Multisectoral Movement <strong>for</strong> Peace and Development, on the peace<br />
process between the Moro Islamic Liberation Front and the<br />
government ...<br />
xxx xxx xxx<br />
ATTY. COLMENARES: Pero sinuportahan ka niya pero inexpose mo<br />
ang fraud ni GMA? Bakit mo in-expose despite the fact na<br />
sumusuporta siya sa NGO mo?<br />
MR. DALIDIG: Well, I believe that a devoted Muslim, a devoted<br />
Christian will do that, especially it involves the whole people<br />
of the Republic.<br />
ATTY. COLMENARES: Mga panghuling katanungan na lang, Mr.<br />
Witness. Are you concerned of your safety? Natatakot ka ba<br />
sa seguridad mo at ng pamilya mo?<br />
MR. DALIDIG: Tulad ng karamihan, talagang nakakatakot itong<br />
ginagawa natin. (Inaudible) Let the truth prevail (Inaudible). Ang<br />
102
ibig sabihin kailangang huwag nating paghaluin ang katotohanan<br />
at kasinungalingan, kailangang manaig ang katotohanan.<br />
Additional to it, yun ngang sinabi ko when I came here noong<br />
2004 na because I tried to fight <strong>for</strong> truth on July 7 on regards to<br />
the 2004 elections. I asked myself if I am going… I ask myself<br />
“Ano ba talaga ang mahalaga sa iyo?”, yung magkaroon ka,<br />
halimbawa… you get the mandate of the people…. Kasi mga<br />
kamag-anak ko, everybody was convincing me na “Huwag mo<br />
na iyang gawin kasi nagsusuicide ka”. Sabi ko, I have to do<br />
this kasi I prefer na ang magagalit sa akin or even the<br />
President, but I will not… di ko makakayanan ang Allah, God<br />
will be mad.<br />
ATTY. COLMENARES: Last question, Mr. Witness, mayroon bang nagoffer<br />
sa iyo ng bribery or posisyon o pera para hindi mo gawin<br />
ang pag-expose ng electoral fraud sa Lanao del Sur?<br />
MR. DALIDIG: I think kahit hindi ko na sabihin, kayo mismo<br />
masasabi ninyo na itong mga ebidensyang nasa akin. Kung<br />
halimbawa talagang I prefer personal interest na magkaroon<br />
ng malaking job, talagang mayroon ako ngayon, I might be<br />
Undersecretary and have millions of money. Dahil talagang<br />
nandyan yan, from left to right kung sinu-sino nagnenegotiate<br />
na “Hadji Abdullah, why not stop this and you will get<br />
anything.” I was even told that just step on the door of<br />
Malacañang and they will give whatever you want. Ito rin ang<br />
mga sinasabi ng mga taong nag-aagaw sa akin. (emphasis<br />
supplied)<br />
Thereafter, Hajji Dalidig reiterated and amplified on his above statements be<strong>for</strong>e<br />
the Senate, under oath, on two separate occasions, on November 17, 2005 and on<br />
December 8, 2005. We reproduce some excerpts as follows:<br />
-- re his having kept the Namfrel copies of<br />
election returns as evidence of massive<br />
cheating because Namfrel ignored his reports<br />
“I officially reported this matter to higher-ups, - he is there – Joe<br />
Concepcion of NAMFREL, but was ignored and they made public<br />
statements that the election were free of fraud and cheating and this<br />
prompted me to desist from turning over to NAMFREL national<br />
office the voluminous ERs that could prove beyond any doubt that<br />
there was massive cheating in Lanao del Sur, which is with me right<br />
now.” (tsn, Senate Committee on National Defense and Security,<br />
November 17, 2005; emphasis supplied)<br />
103
“That I am willing to appear and testify be<strong>for</strong>e the Senate Committee<br />
on National Defense and Security chaired by Senator Biazon,<br />
investigating the truth of the Garci tapes and its implicaton to national<br />
security considering that I am one of those mentioned in the tapes and<br />
to show and present the authentic and official Namfrel copies of the<br />
ERs in the Lanao del Sur now still contained in the balikbayan<br />
boxes.” (ibid.; emphasis supplied)<br />
-- re the incident when his townmate Col. Pirino<br />
went to his Namfrel office <strong>for</strong> him to ignore<br />
election anomalies because he will be promoted<br />
to general, and the fact that he has replaced<br />
Gen. Gudani (who confirmed that he was relieved<br />
by Col. Pirino effective May 12)<br />
“MR DALIDIG. …the election anomalies (Dagdag Bawas) in the province<br />
because being a town mate from Balindong, Lanao del Sur, he<br />
was promised to be promoted to general…<br />
THE CHAIRMAN. Eto si Col. Pirino.<br />
xxx xxx xxx<br />
THE CHAIRMAN. Eto, s’ya mismo ang pumunta sa ‘yo?<br />
MR. DALIDIG. Yes, in my office sa Namfrel.<br />
THE CHAIRMAN. Paki-ulit nga kung ano ang sinabi – ano ang posisyon<br />
n’ya nung panahon na ‘yon?<br />
xxx xxx xxx<br />
MR. DALIDIG. Pagka-alis ho ni – ang sabi niya, pagka-alis nitong<br />
kaibigan ko si Gen. Gudani s’ya na ang pumalit kaya pumunta na<br />
s’ya dun sa office ko.<br />
THE CHAIRMAN. O, sige, Chairman. May I ask the question to Gen.<br />
Gudani? What was the position of Col. Pirino?<br />
xxx xxx xxx<br />
MR. GUDANI. …Col. Pirino’s designation as acting commander, joint<br />
Task Force Lanao in my absence.<br />
THE CHAIRMAN. You were previously the commander…<br />
MR. GUDANI. Yes, Mr. Chairman.<br />
THE CHAIRMAN. …of that task <strong>for</strong>ce?<br />
MR. GUDANI. Yes, Mr. Chairman.<br />
THE CHAIRMAN. And then on May 12, you were relieved?<br />
xxx xxx xxx<br />
MR. GUDANI. …when I was sent to Manila." (tsn, Senate Committee on<br />
National Defense and Security, November 17, 2005; emphasis supplied)<br />
On April 3, 2006, Hajji Dalidig testified be<strong>for</strong>e the Senate anew together with<br />
experts (and CCTA witnesses) Hermenigildo Estrella, Jr. and Roberto Verzola, re-<br />
104
affirming portions of their testimonies pertaining to the massive cheating in Lanao del<br />
Sur <strong>for</strong> President Arroyo during the 2004 elections.<br />
D. Implementation of Electoral Fraud/<br />
The Experts<br />
Supplementing the <strong>for</strong>egoing eyewitness accounts of electoral fraud are the<br />
sworn statements, testimonies, and power point slide presentations, of four expert<br />
witnesses – Segundo Tabayoyong, Herminigildo Estrella, Jr., Francisco Alcuaz and<br />
Roberto Verzola – all of whom testified be<strong>for</strong>e the CCTA, and two of whom (Estrella and<br />
Verzola) testified be<strong>for</strong>e the Senate, as experts on the basis of electoral results either<br />
from Congress, the dominant opposition and/or Namfrel. The reliability of their<br />
statements may be judged on the basis of the documents examined by them and their<br />
expertise, and in any event provide basis and leads <strong>for</strong> further serious investigation.<br />
The power point and slide presentations of witnesses Estrella, Alcuaz and<br />
Verzola conducted during the sessions provide clear and convincing exposition of the<br />
various facets of the fraud that transpired during the 2004 elections, leading to a<br />
conclusion that without electoral fraud, Pres. Gloria Arroyo could not have won the<br />
presidential race.<br />
Verzola, who did a comparative analysis of the NAMFREL results and Congress’<br />
canvass of the presidential elections, declared that there is no other explanation <strong>for</strong><br />
the 1.1 million lead of Pres. Arroyo except electoral fraud:<br />
“..there<strong>for</strong>e kung ang sinasabi ng official result 1.1 million ang panalo ni<br />
GMA iyan po sa tingin ko ay resulta ng pandaraya. Nang around a<br />
million to 1. 2 million votes.”<br />
Verzola in fact stated that base on his study Mr. Poe could have won by 84,000<br />
votes, although a different set of variables and assumptions may lead to a different<br />
conclusion. The argument, however, that Pres. Arroyo would still have won the<br />
elections even if shed did not chear is of no moment. Not only is this an immoral<br />
position and difficult to establish, but the Presidium finds it unacceptable to have <strong>for</strong> a<br />
President a candidate who committed massive electoral fraud.<br />
Tabayoyong’s study on the other hand, provides a clear picture how electoral<br />
fraud was committed. Tabayoyong was qualified as an expert witness when he testified<br />
be<strong>for</strong>e the CCTA, as follows:<br />
“JUSTICE CAPULONG: Galing po kayo sa NBI, ano po ang posisyon ang<br />
inabot ninyo roon?<br />
MR. TABAYOYONG: Nag-umpisa po ako nang 1961 bilang isang<br />
understudy or job trainee on scientific examination of documents.<br />
I completed four years, instead of two years that were required. I<br />
participated in a qualifying course conducted by the national<br />
academy of the NBI <strong>for</strong> the purposes of selecting candidates <strong>for</strong><br />
permanent position of a document examiner. Modesty aside, I<br />
105
obtained the highest training among the first ten that were finally<br />
recommended <strong>for</strong> appointment.<br />
JUSTICE CAPULONG: Mayroon po kayong mga special training sa field<br />
ng expertise ninyo?<br />
MR. TABAYOYONG: Opo. Ako po ay nagsanay sa ilalim ng pagtuturo ng<br />
mga dalubhasa sa NBI, karamihan sa kanila ay nanggaling na sa<br />
abroad, specifically sa USA. We got, they would take us on<br />
researches and studies on science of questioned documents<br />
examination as grantees of studies.<br />
JUSTICE CAPULONG: Sa loob ng napakatagal na panahon na kayo ay<br />
naglingkod sa National Bureau of Investigation, pakisabi nga po<br />
ang mga gawain ninyo na masasabi nating related sa subject<br />
matter ng inyong testimony?<br />
MR. TABAYOYONG: Magmula nang ako po ay na-appoint na document<br />
examiner noong 1965, itinalaga na executive officer ng Questioned<br />
Documents Division noong 1969, promoted ako (inaudible)<br />
examiner noong 1972, I was appointed NBI Chief Document<br />
Examiner noong 1972 I was Acting Chief of Questioned<br />
Documents Division from 1975. I was appointed Chief of the<br />
Questioned Documents Division 1980. Sa lahat ng panahon ho na<br />
yan, ako po ay pinagsamsam ng questioned documents, nagsuri<br />
ng mga… lahat ng mga klase, uri ng mga kaduda-dudang<br />
dokumento. Ako po ay namahala sa aking mga tauhan sa<br />
Questioned Documents Division, at sila ay nagsanay maging<br />
experts sa aming linya nga trabaho. Nagkaroon din po ako ng<br />
pagkakataon, maraming beses na gumampan ng tungkulin bilang<br />
technical expert witness sa mga ibat’t ibang hukuman sa<br />
Pilipinas, kasama na rin ang iba’t ibang mga administrative<br />
bodies. Kasama rin po sa aking tungkulin ang pagtuturo sa mga<br />
police officers, military operatives, mga tauhan at opisyales ng<br />
mga bangko at financial institutions kung papaano maiwasan ng<br />
mga bangko na sila’y malusutan ng mga bawal na dokumento. It<br />
was my humble privilege to have authenticated the verification<br />
and the anti-fraud (inaudible) processes from 1966 up to late<br />
1990s. I have worked in and out in almost all of these banks.<br />
JUSTICE CAPULONG: Mayroon po ba kayong special training o study sa<br />
ibang bansa?<br />
MR. TABAYOYONG: Nagkataon din po na ako ang pinadala sa Interpol<br />
nong 1978 upang sumama sa symposium on criminalistics, magaral<br />
ng mga bagay na ginagamit ng mga kriminal na tao at ito rin<br />
po ay dumaan sa NBI upang malaman nila ang sinasabing<br />
establishment of <strong>for</strong>gery files.<br />
106
JUSTICE CAPULONG: Mayroon po ba kayong karanasan bilang<br />
questioned document examiner sa mga dokumento ng COMELEC<br />
o related documents sa halalan?<br />
MR. TABAYOYONG: Opo. Ako ay nagkapalad humawak ng ilang<br />
humigit-kumulang 25 kaso sa election protests and, on my own, I<br />
have participated in other 300 cases handled by other examiners<br />
of the Questioned Documents Division because the Questioned<br />
Documents Division of the NBI functions as a collegial… collegial<br />
body.<br />
JUSTICE CAPULONG: Anu-ano pong mga dokumento sa karanasan<br />
ninyong napag-aralan ang may kinalaman sa halalan?<br />
MR. TABAYOYONG: Bago po dumating ang halalan ng May 2001,<br />
karamihan po ng mga nasasangkot na dokumento sa kalokohan<br />
sa halalan, ito po nasa kinabibilangan ng tinaguriang “first<br />
generation of electoral fraud”. Ito ay may kinalaman sa pamemeke<br />
sa mga balota. It was a long, tedious, risky process.” (tsn, CCTA<br />
session of November 9, 2005, pp. 24-25)<br />
We set <strong>for</strong>th the pertinent portions in Tabayoyong’s affidavit as follows --<br />
Affidavit of Segundo Tabayoyong dated November 9, 2005 submitted to the CCTA<br />
– wherein, as questioned documents expert, he attested that 3,000 out of the 5,000<br />
election returns that he has so far examined and analyzed (out of the 10,000<br />
submitted to him by the opposition party Koalisyon ng Nagkakaisang Pilipino coming<br />
mostly from the areas of Pampanga, Cebu, Iloilo and Bohol) were fraudulently<br />
tampered documents, with voting results in favor of President Arroyo.<br />
“11. On May 26, 2004, Horacio ‘Boy’ Morales, representing the<br />
Koalisyon ng Nagkakaisang Pilipino (KNP) party, engaged my services to<br />
examine election returns involving the candidacies of Fernando Poe, Jr.<br />
<strong>for</strong> president and Loren Legarda <strong>for</strong> vice-president. Immediately<br />
thereafter, I undertook the examination and analysis of election returns,<br />
numbering about 10,000 which were copies furnished to KNP as the<br />
dominant minority party that were presented to me <strong>for</strong> examinations.<br />
These were mostly from the areas of Cebu, Bohol, Iloilo and Pampanga,<br />
and later, including Ilocos Sur and other places. Specifically, I examined<br />
the genuineness of the questioned election returns coming from the<br />
areas mentioned.<br />
12. Out of the 10,000 election returns, I had evaluated the<br />
genuineness and authenticity of 5,000 thereof. I found out that<br />
3,000 out of 5,000 I had examined so far, did not comply with the<br />
due execution requirements of the law in clear violation of<br />
COMELEC Resolution No. 6667 promulgated on March 15, 2004.<br />
107
13. In the 3,000 election returns, I found the following<br />
defects: (a) There were no closing signatures and thumb marks,<br />
which defect I classify as naked pattern; (b) Some had closing<br />
signatures but without closing thumb marks, which defect I classify<br />
as semi-naked. (c) There may be fingerprints but were too tiny. (d)<br />
There were fingerprints approximating thumb marks but were not<br />
identifiable vis-à-vis the thumb marks in the lower portions of the<br />
election returns which were certifications of the Board of election<br />
Inspectors. (e) There were fingerprints in the election returns<br />
containing unique or unusual designs which are not part of usual<br />
thumb marks. (f) There was substitution of pages, mostly on page<br />
one which contains the names of candidates <strong>for</strong> national positions:<br />
(g) The preparation of the election returns did not follow the<br />
chronological order. (h) An unusual kind of ink was used, which<br />
defect is not readily noticeable to an ordinary person.<br />
xxx xxx xxx<br />
15. The results of my analysis and examination prove that the election<br />
returns were prepared under the conditions that af<strong>for</strong>ded the<br />
‘operators’ of fraud the convenience of place and the luxury of time<br />
which do not obtain in the ordinary course of election activities.<br />
The findings also show that there was common authorship in the<br />
making of entries in the election returns, which were per<strong>for</strong>med by<br />
‘golden arms’ or those taking care of the signatures and handwritings<br />
and by the ‘pianistas’ or those faking fingerprints. All these indicate<br />
that the election returns were not prepared in the election precincts<br />
on election day but elsewhere. Simply stated, the election returns<br />
were pre-fabricated and there<strong>for</strong>e spurious.” 28 (emphasis supplied)<br />
We have gone over a number of election returns and find that they contain<br />
irregularities that go into their authenticity or the credibility of their contents. These<br />
irregularities are sufficient in number and serious in nature that any proper<br />
canvassing of the 2004 elections cannot be credibly conducted without resolving their<br />
questionability. A substantial number of election returns are in fact defective on their<br />
face, e.g., the serial number found in their page 1 is different from that found in their<br />
page 2.<br />
Highly irregular thumbprints<br />
The phenomenon of irregular thumbprints is predominant in the election<br />
returns of the provinces of Cebu, Iloilo and Bohol. The thumbprints marked on the<br />
spaces provided in the Election Returns <strong>for</strong> the thumbprints of the members of the<br />
Board of Election Inspectors (a) cannot be those of adults, because their sizes are too<br />
28<br />
“Until today, all the provincial election supervisors of Negros Occidental and Oriental, Iloilo, and Cebu<br />
have failed to submit to the Comelec the final voters’ list in those provinces despite repeated demands by<br />
the main office. Arroyo posted wide margins of victory in these areas, with Cebu province giving her the<br />
biggest lead. Certificates of canvass show that Arroyo trounced Poe by 1,861,019 votes in the four provinces.<br />
If there’s no final voters’ list in a province, how does one verify if the number of votes tallied with<br />
those that registered?” (“How Comelec Got Into the Mess,” Aries Rufo, Newsbreak, December 5, 2005, pp. 26-27;<br />
emphasis supplied)<br />
108
small to be the thumbprint of an adult (the phenomenon became more pronounced<br />
when we compared them to the thumbprints of the election watchers, also found in<br />
the same page of these election returns; (b) cannot be said to be those of different<br />
members of different BEIs in different precincts, as the marks are exceedingly similar<br />
in pattern and the print so uni<strong>for</strong>m in respect of their ‘irregular’ size.<br />
Many of the CEBU election returns, such as those in the municipalities of<br />
Mandaue, Maribojoc, Ronda, etc. (e.g., returns from barangays Tipolo, Lincad, Langin<br />
etc) manifest the said phenomenon. 29 Worse, similar sets of thumbprints were found<br />
in Iloilo (such as the precincts in the municipalities of Calinog, Pavia etc.) 30 and Bohol<br />
(such as the precincts in the municipalities of Victoria, 31 etc.).<br />
The irregularity became more questionable when we found that the signature of<br />
some BEI members in election returns were different from their respective signatures<br />
in their respective voter registration <strong>for</strong>ms, leading us to conclude that another person<br />
signed in lieu of the member of the BEI whose signatures are dissimilar. 32<br />
Inordinately Clean Taras<br />
We agree with Tabayoyong's expert and experienced observation that Election<br />
Returns are filled up in the night right after the election in an atmosphere of tension<br />
and confusion, when the members of the BEI are very hungry and tired. The<br />
recording of votes in the Returns cannot be done in a clean fashion considering such<br />
an atmosphere, among other factors. In view of this electoral reality, our attention<br />
was caught by the fact that a substantial number of presidential election returns in<br />
CEBU contained quite immaculately recorded votes. Worse, this ‘immaculate’ style of<br />
recording is replicated in electoral returns from a substantial number of precincts,<br />
from different municipalities, covering as wide an area as Mandaue, Maribojoc, and<br />
others, in Cebu. The same phenomenon was observable with regard to returns from<br />
municipalities in Iloilo 33 and Bohol. 34<br />
Even more mysteriously, even as there are clean ‘taras’ in the first page of many<br />
ER's, it happens that the recording of ‘taras’ in the second or third or fourth pages of<br />
these ER's is often no longer clean. 35<br />
Irregular on its Face and there<strong>for</strong>e cannot be canvassed<br />
29<br />
For reference, see election returns of Precinct 0851 (Tipolo), Precints 34-A and 34-B (Lincad), and Precinct 37 A<br />
(Langin), Cebu<br />
30<br />
31<br />
32<br />
33<br />
34<br />
35<br />
For reference, see Precinct 97 A, Pavia, Iloilo, or Precinct 0103A, Libot, Calinog, Iloilo<br />
For reference, see Precincts in Valencia, Victoria, Bohol<br />
For reference, see the case of BEI member Neri Gripo.<br />
For reference see Precinct 013A in Libot, Calinog, Iloilo.<br />
For reference, see Precinct 0041A and 0041B in Victoria, Bohol.<br />
For reference, see Precinct 136 A, San Isidro, San Fernando Pampanga.<br />
109
There are also election returns that are so irregular on their face that it is<br />
virtually and legally impossible to canvass them. We found these in certain precincts<br />
in Cebu 36 and Bohol. 37<br />
Thus there are election returns that are completely blank as to make it<br />
impossible to identify the precinct or municipality, and yet they contain carefully<br />
recorded votes. In Iloilo, <strong>for</strong> example, ER 06202193 has no identifying marks but it<br />
records 20 votes <strong>for</strong> FPJ and 135 votes <strong>for</strong> GMA.<br />
On the other hand, there are also election returns without signatures of BEI<br />
members, such as those from Manadue, Cebu. There are many other irregularities in<br />
the returns, but those in the <strong>for</strong>egoing fashion are the most predominant.<br />
For the major findings in the power point slide presentation of Tabayoyong that<br />
was shown to the CCTA, we set <strong>for</strong>th the summarization published by Neal Cruz in his<br />
column, as follows:<br />
“In a powerpoint presentation, Legarda and her principal witness,<br />
Segundo Tabayoyong, showed the Kapihan sa Manila <strong>for</strong>um last Monday<br />
how the cheating was done. It was simplicity itself and very easy to do.<br />
It was a new way of cheating, used <strong>for</strong> the first time in the elections of<br />
2004. (Tabayoyong was a Questioned Document Examiner and <strong>for</strong>mer<br />
chief of the Questioned Documents Division of the National Bureau of<br />
Investigation. He has retired.)<br />
Instead of changing the ballots at the precincts -- as was done in the<br />
past, which is difficult and labor-intensive -- the cheating was done<br />
on the election return (ER), the summary of the votes in the<br />
precincts. Election returns of a city or municipality are totaled in<br />
the Statement of Votes (SOV) which are, in turn, summarized in the<br />
Certificate of Canvass (COC) <strong>for</strong> the province. It is the COCs that<br />
are added by Congress to determine the presidential and vice<br />
presidential winners.<br />
What the cheaters did -- Legarda and Tabayoyong explained -- was<br />
simply fill up new election returns, disregarding the ballots. These<br />
spurious ERs were prepared in advance, by a special <strong>for</strong>ce of about 200<br />
persons in two places in Metro Manila (one in a hotel near the Edsa<br />
highway) and then sent to the provinces. Thus, the votes were already<br />
counted and the "winners" known even be<strong>for</strong>e the voting started. It didn't<br />
matter <strong>for</strong> whom the people voted. It was the special <strong>for</strong>ce that decided<br />
the winners.<br />
36<br />
For reference, see Precinct 126 A and B in Basak, Lapulapu, Cebu.<br />
37<br />
For reference, see Precint 088-A, Ulbujan, Bohol (Page 2 serial number 05500591 is different from page 1), or<br />
Precinct 009-A and B in Bauno, San Isidro, Bohol (page 2 serial number 05502399 is different from page 1).<br />
110
The Commission on Elections has admitted that it overprinted<br />
32,000 sets of these ERs be<strong>for</strong>e the elections. It has not explained<br />
fully what happened to these excess ERs. It is believed that these<br />
were the same fake ERs used by the cheating team. It was a<br />
systematic, well-financed, well-managed and well-supervised operation<br />
by professional cheaters, Legarda and Tabayoyong said.<br />
The cheaters, however, made mistakes. And that gave them away. ERs<br />
supposedly coming from areas thousands of kilometers apart were filled<br />
in by the same hands, said Tabayoyong. The vertical tally bars ("taras")<br />
used to mark the votes on the ERs were written very neatly and not in<br />
the uneven manner when written in the precincts because of stress and<br />
haste. There are columns where there are totals of votes but no bars.<br />
There are totals that do not tally with the bars. Thumb marks used to<br />
close the columns -- so no new bars could be added afterwards-were<br />
small, purposely smudged to make identification impossible. Required<br />
signatures were missing. Some had only initials instead of signatures.<br />
Of the approximately 5,000 ERs analyzed, 3,000 were found to be<br />
spurious.<br />
The analysis also showed that the team gave De Castro an average of a<br />
70-vote margin over Legarda, and Ms Arroyo, a 100-vote margin over<br />
Poe. There<strong>for</strong>e, the 32,000 sets of overprinted ERs could translate to a<br />
vote-margin rate of approximately 2.1 million votes in the Legarda-De<br />
Castro contest and around 3 million votes in the Poe-Arroyo race. Thus,<br />
De Castro and Ms Arroyo had something like 2 million votes and 3<br />
million votes, respectively, <strong>for</strong> "insurance." Even if their rivals won in<br />
other areas, the insurance votes made sure Ms Arroyo and De Castro<br />
won in the totals.” (“As I See It: How cheating was done in 2004 polls,”<br />
Neal H. Cruz, first posted 00:34am (Mla time) Sept 28, 2005, Inquirer<br />
News Service; emphasis supplied)<br />
Members of the political opposition in the House of course attempted to expose,<br />
during the national canvassing, the <strong>for</strong>egoing fact of egregious electoral fraud in favor<br />
of President Arroyo, but were – as in the impeachment proceedings – rebuffed, <strong>for</strong> no<br />
legal reason – by the administration bloc.<br />
The House Minority Report has placed the following on record:<br />
“Against the backdrop of the a<strong>for</strong>ementioned events 38 , the Joint<br />
Committee proceeded to determine the authenticity and due execution of<br />
the certificates of canvass referred to it and preliminarily canvass the<br />
votes cast <strong>for</strong> presidential and vice-presidential candidates. In the<br />
course of these proceedings be<strong>for</strong>e the Joint Committee, the Minority<br />
38<br />
referring to questionable Comelec decisions such as the gigantic increase of registered voters from 33 million in<br />
2001 to 43 million in 2004, the overprinting of three (3) million ballots and thirty-three thousand (33,000) election<br />
returns which have remained unaccounted <strong>for</strong>, the sub-contracting of printing jobs to private entities, etc.<br />
111
Members of the Joint Committee and the lawyers <strong>for</strong> presidential<br />
candidate Poe and vice-presidential candidate Loren Legarda<br />
manifested their comments and observations on as well as<br />
objections to the certificates of canvass and supporting statements<br />
of votes coming from several places pointing to electoral fraud in<br />
said places and moved <strong>for</strong> the opening of the election returns from<br />
the said places and the counting of votes as they appear in said election<br />
returns submitted to Congress on the ground that the true will of the<br />
people in these places as expressed and tallied in the election returns<br />
had been altered by adding votes <strong>for</strong> Arroyo/de Castro and the municipal<br />
certificates of canvass. In the course of the proceedings, two facts<br />
stand out: a) the Majority Members of the Joint Committee and the<br />
lawyer <strong>for</strong> GMA have not objected to any single COC, and b) the<br />
Majority Members of the Joint Committee have uni<strong>for</strong>medly and<br />
consistently refused to allow the opening and tabulation of the<br />
election returns in spite of concrete evidence of electoral<br />
irregularities, anomalies and fraud appearing on the face of the<br />
electoral documents be<strong>for</strong>e the Joint Committee. (pp. 24-25;<br />
emphasis supplied)<br />
The CCTA is dismayed that, according to a sworn statement submitted the<br />
Presidium by Atty. Sixto Brillantes, “the Congress copies of the ERs were replaced,<br />
switched and substituted with fake ERs, the entries of which coincide and tally with<br />
the SOV”. There must be serious ef<strong>for</strong>ts, there<strong>for</strong>e, to preserve the integrity of the<br />
ERs currently under the custody of the COMELEC as a means of comparison to the<br />
Congressional COC’s should a genuine investigation be undertaken.<br />
II. The Continued and Continuing<br />
Deception and Cover-Up<br />
To this day, President Arroyo and her allied officials insult the intelligence of the<br />
entire Filipino people by insisting on her simple and simplistic “apology <strong>for</strong> lapse of<br />
judgment” as sufficient “closure” <strong>for</strong> the national crisis.<br />
From the confluence of acts and tactics subsequently adopted by them, the<br />
President and her executive officials clearly thought, as they still think, that they<br />
could and can camouflage her illegitimate presidency, by means fair or foul. But we<br />
think that any fairly intelligent, right-thinking Filipino will see through these<br />
continuing, relentless attempts at a cover-up that simply serve to confirm and make<br />
more stark the factual and moral guilt of this administration.<br />
We feel that the pieces of the puzzle will clearly fit into place with a bird’s eyeview<br />
of pertinent events. Hence we have set <strong>for</strong>th below a summary timeline, based on<br />
the a<strong>for</strong>e-described materials as well as all other relevant in<strong>for</strong>mation that have come<br />
to public knowledge and have been admitted or have not been denied, official<br />
documents, official in<strong>for</strong>mation, sworn statements and testimonies and the like, by<br />
112
which every Filipino can glean <strong>for</strong> himself, as it slyly but clearly emerged, the<br />
consistent pattern of a conspiratorial cover-up–<br />
Timeline<br />
October 10, 2002 – Garcillano was appointed head of “consultation” project in<br />
Mindanao whereby, utilizing approved budgets from the Office of the President,<br />
through Presidential Adviser Rufino, he conducts meetings with Mindanao<br />
election officers to ensure the election of President Arroyo in the 2004 elections,<br />
specifically, by determining in which areas her election chances are strong or<br />
weak, which politicians can be tapped as allies, and influencing/pressuring the<br />
election officers to support President Arroyo’s election in 2004<br />
December 30, 2002 – President Arroyo announced to the nation that she is not<br />
running <strong>for</strong> President in the elections of 2004<br />
January 8, 2003 – Garcillano submitted his report to President Arroyo on the<br />
results of his and Presidential Adviser Rufino’s “consultation” project in<br />
Mindanao<br />
October 1, 2003 (or ten months later) – President Arroyo announced to the nation that<br />
she is running <strong>for</strong> President in the elections of 2004<br />
February 11, 2004 (a little over four months thereafter and just a few months be<strong>for</strong>e<br />
the 2004 elections) – President Arroyo appointed Garcillano Comelec<br />
Commissioner<br />
May 10, 2004 – national elections<br />
May 12, 2004 – Marine Brig. Gen. Francisco Gudani was pulled out from<br />
implementing strict election security measures in Lanao del Sur. In his stead,<br />
Army Col. Pirino took over, pressuring Marine Col. Alexander Balutan to<br />
“loosen” security<br />
May, 2004 to June, 2004 – ISAFP personnel wiretapped conversations on the<br />
cellphone of Garcillano<br />
June 24, 2004 – after ignoring objections by merely having them “noted,”<br />
Congress proclaimed Gloria Macapagal-Arroyo as President<br />
July 23, 2004 – Fernando Poe, Jr. filed his protest with the Presidential Electoral<br />
Tribunal<br />
December 14, 2004 – Fernando Poe, Jr. died<br />
January 10, 2005 – Susan Roces filed a petition <strong>for</strong> substitution with the Presidential<br />
Electoral Tribunal (“PET’)<br />
March, 2005 – Angelito Santiago delivered the Garci Tapes to Samuel Ong<br />
113
March 29, 2005 – Susan Roces’ petition was dismissed by the PET<br />
May 6, 2005 – Samuel Ong and Angelito Santiago met T/Sgt. Vidal Doble and Marieta<br />
Santos at the Imperial Palace Hotel, Timog, Quezon City, where Ong gave Doble<br />
P2 million and Doble was recorded on video-tape admitting that he was the<br />
ISAFP personnel who gave the Garci Tapes to Ong<br />
-- May – June, 2005 – members of the political opposition got hold of CDs of the<br />
Garci Tapes and the public and the press got wind of its contents<br />
May 15, 2005 – Alan Paguia stated that he received the Garci Tapes from <strong>for</strong>mer Sen.<br />
Francisco Tatad 39 <strong>for</strong> study<br />
June 6, 2005 – Presidential Spokesman Ignacio Bunye conducted a press<br />
conference whereby he presented two compact audio discs and announced<br />
that these contain wire-tapped conversations, one showing a genuine<br />
recording of the voice of President Arroyo talking with a “political leader”<br />
(a certain staff member of Rep. Ignacio Arroyo surnamed Ruado 40 ), and the<br />
other showing a falsified recording, spliced to make it appear that it was<br />
Garcillano, instead of Ruado, talking to the President and that the two of them<br />
were talking about details showing electoral fraud in the 2004 elections.<br />
At this June 6, 2004 press conference, Bunye --<br />
-- emphasized that the 2 CDs are the product of a plan to destabilize<br />
the administration;<br />
-- admitted that it was indeed President Arroyo’s voice caught on<br />
wiretapped tape recordings in one of the CDs that he was<br />
holding, but took refuge from queries as to the source (of the<br />
tapes) by invoking “privileged communication” and the penal law;<br />
-- stated that the tapes were provided by a source but “she” does not<br />
want to divulge her identity yet;<br />
-- repeatedly said that examination of the CDs will be turned over the<br />
NBI.<br />
We quote his words:<br />
“Q:<br />
Sir, can we just clarify. So, you are saying that it was<br />
indeed the President’s voice?<br />
BUNYE: That is President’s voice, but the other party on the<br />
line is not of a commissioner.<br />
39<br />
“Paguia: tapes came from Tatad,” Jess Diaz, The <strong>Philippine</strong> Star, July 7, 2005, p. 1. According to the latter<br />
article, Tatad said the Garci Tapes came into his possession in early April, 2005.<br />
40<br />
A certain Gary Ruado is said to be the chief of staff of Representative Ignacio Arroyo.<br />
114
Q: And they were indeed having a conversation about<br />
election results?<br />
BUNYE: There is a conversation. This is privileged<br />
conversation between the President and the political<br />
leader. And, you know, this conversation was<br />
wiretapped against our Revised Penal Code.”<br />
xxx xxx xxx<br />
BUNYE: No, no. This was given to us by a source. She does<br />
not want to be identified at this time.<br />
Q: Within the government, Sir?<br />
BUNYE: She does not want to be identified at this time.<br />
Q: Is the source of the original tape from the government?<br />
BUNYE: She does not want. This is privileged in<strong>for</strong>mation.<br />
We are telling you that we have this original and we<br />
have the spliced version.” (emphasis supplied)<br />
June 7, 2005 – DZMM (Anthony Taberna and Gerry Baja, hosts on “Dos Por Dos”)<br />
played the “Garci Tapes” of Atty. Alan Paguia on air <strong>for</strong> the first time<br />
-- Lanao del Sur Namfrel Provincial Chairman Hadji Abdullah Dalidig<br />
conducted a press conference at a Quezon City restaurant wherein<br />
he exposed rampant election anomalies in Lanao del Sur<br />
June 8, 2005 – Atty. Alan Paguia, <strong>for</strong>mer lawyer of President Joseph Estrada, released<br />
to the media a 32-minute CD containing alleged conversations between<br />
Garcillano and PGMA on the 2004 presidential elections.<br />
-- Department of Justice Secretary (DOJ) Raul Gonzalez issued a warning<br />
that those who possess the CDs are liable under Republic Act 4200<br />
or the wiretapping law. The National Telecommunications<br />
Commission (NTC) issued the same warning.<br />
June 10, 2005 – <strong>for</strong>mer NBI Deputy Director Atty. Samuel Ong was presented by<br />
the National Council of Concerned Volunteers at a televised press<br />
conference at the Metropolitan Club whereat he announced that he has<br />
the “mother of all tapes,” referring to the original tape recordings of<br />
wiretapped conversations between President Arroyo and Comelec<br />
Commissioner Virgilio Garcillano, and played a video recording which<br />
showed an ISAFP personnel admitting to be the source thereof. Later that<br />
night, he sought sanctuary at the San Carlos Seminary, then met with<br />
Susan Roces.<br />
June 15, 2005 – the NBI filed sedition charges against Samuel Ong. DOJ State<br />
Prosecutor Emmanuel Velasco ordered the NBI to serve subpoena to Ong’s last<br />
115
known address, with June 27 as his deadline <strong>for</strong> submission of counteraffidavit<br />
June, 2005 – Atty. Alan Paguia submitted to, and the House played, his copy of the<br />
Garci Tapes<br />
June 22, 2005 – Mr. Bunye changed his earlier position and this time denied that<br />
President Arroyo’s voice was ever wiretapped, attributed the contradiction<br />
between this and his June 6, 2004 statement to the fact that the latter was just<br />
based on his “first impression,” and explained that he had referred, on June 6,<br />
2004, to an “original” (as distinguished from a “spliced” version) because he<br />
relied on the labels “original” and “altered” respectively attached to the said<br />
tapes which had been anonymously delivered to his house and from there to his<br />
office in the morning of June 6, 2004.<br />
We quote his testimony during the House of Representatives joint<br />
Committee hearings of June 22, 2005:<br />
“MR. BUNYE. Hindi po natin matukoy, but ito po ay dumating sa<br />
aking tanggapan nung umaga ng June 6.<br />
CHAIRMAN GOLEZ. Morning of June 6, and then?<br />
MR. BUNYE. Ganito po yung nangyari, dahil inusisa ko po kung paano<br />
nakarating itong dalawang CD na ito, ay yung nakagawian na po<br />
na mga gusto pong magpadala sa akin ng mga liham, ng mga<br />
dokumento na hindi po nakakarating sa Malacañang na<br />
pinapadala po doon sa bahay ko sa Alabang. At kapag naiipon na<br />
po ito ay yung isa ko pong aide ay dumadaan po duon sa Alabang<br />
at kinukuha po these bunch of papers. Kaya’t nung morning of<br />
June 6 ay andoon na po kasama po iyon doon sa bunch of<br />
documents or papers that were on top of my desk. At…<br />
CHAIRMAN GOLEZ. At nung alas-dos ng hapon, June 6, binanggit<br />
mo na merong dalawang tape, sa iyong presscon, may isang<br />
altered at may isang genuine.<br />
MR. BUNYE. Ah, totoo po yan.<br />
CHAIRMAN GOLEZ. Ibig ninyong sabihin, Mr. Secretary, sa loob ng<br />
ilang oras nalaman mo kung ano ang genuine at kung ano ang<br />
altered? Anong technology ang ginamit mo, Mr. Secretary,<br />
para malaman kung ano ang altered at kung ano ang …<br />
MR. BUNYE. Alam po ninyo, nung atin pong matanggap itong CDs<br />
na ito nakalagay po sa brown envelope at nung akin pong<br />
buksan ay meron markings na po ano, kung sino man po ang<br />
nagpadala nitong tapes nito sa akin ay siya na po yung gumawa<br />
116
ng markings. Nakalagay po doon sa isang CD ay original at<br />
duon sa isang CD po ay altered. So, that’s how I got these…<br />
CHAIRMAN GOLEZ. Ibig ninyong sabihin, Mr. Secretary, na doon sa<br />
marking na ‘yon tinanggap ninyo na totoo without benefit of<br />
analysis na iyong isa ay altered at iyong isa ay genuine?<br />
MR. BUNYE. Ang ginawa po natin ay pinatugtog po natin pareho.<br />
CHAIRMAN GOLEZ. At nalaman ninyo kung ano ang altered at kung<br />
ano ang genuine? Paano n’yo nalaman ‘yon kung ano ang<br />
altered at ano ang genuine?<br />
MR. BUNYE. Actually, nakalagay lang po doon sa CD ‘no, yung<br />
altered…original and altered, ‘no.<br />
xxx xxx xxx<br />
MR. BUNYE. Hindi po tayo technical person ‘no, sabihin na lang po<br />
natin na dalawang tapes ‘yung nakarating po sa atin ‘no. At base<br />
po doon sa labeling ay meron pong naka-label na original,<br />
meron pong altered.” (Transcript of testimony of Bunye be<strong>for</strong>e<br />
the Joint Hearing of the House Committee on Public In<strong>for</strong>mation<br />
with the Committees on Public Order and Safety, National Defense<br />
and Security, In<strong>for</strong>mation Communications Technology, and<br />
Suffrage and Electoral Re<strong>for</strong>ms, June 22, 2005; emphasis<br />
supplied)<br />
Likewise, changing his previous story, Mr. Bunye denied knowing the<br />
identity of the source, insisting upon his new answer that the tapes were<br />
anonymously delivered to his house, and that his earlier reference to a “she” as the<br />
source was probably a typographical error -<br />
“REP. ESCUDERO. Mr. Secretary, proceeding to another point. Sabi<br />
n’yo po, hindi n’yo alam kung sino ang nagbigay sa inyo ng CD o<br />
ng tape, tama po ba ‘yon?<br />
MR. BUNYE. Ah, sinabi ko po na ito po ay dinala po nung<br />
aming…aming aide, na pinik-up (pick-up) po ito doon sa bahay<br />
namin sa Alabang at dinala po sa aming opisina. Ngayon, kung<br />
sino po yung nagdala po sa…sa aming bahay sa Alabang, hindi po<br />
natin alam.<br />
REP. ESCUDERO. Secretary Bunye, on June 6, in a press conference<br />
and I have the transcript, tinanong po kayo ng media doon, at sabi<br />
po nila, “Nasa inyo ba yung original?” And I quote your answer,<br />
“No, no. This was given to us by a source. She does not want<br />
to be identified…<br />
117
REP. ESCUDERO. (Continuing)… identified at this time.” At nong pinilit<br />
po kayong sabihin kung sino itong “she” na ito, ang sabi po ninyo<br />
doon sa press con ninyo, “This is privileged communication.”<br />
Kilala n’yo po ba o hindi yung pinagmulan ng tape na sinabi<br />
n’yong original?<br />
MR. BUNYE. Hindi po natin nakikilala ito pong source ‘no, at ito po<br />
ay … ang atin lang pong pagkakakilanlan po ito ay ito po’y galing<br />
sa isa…nakalagay po sa envelop, brown envelop at wala naman<br />
pong pangalan ‘no? Wala pong pangalan dito po sa…nakalagay<br />
lamang po ay yung dalawang tape na meron pong marka na…<br />
REP. ESCUDERO. Sino po yung tinutukoy n’yong “she” doon sa<br />
inyong sinabing statement?<br />
MR. BUNYE. Palagay ko po ay yan po ay typographical error ‘no, or<br />
he, it might be a he or it might be a she. But ang point ay …<br />
uulitin ko po ano, ito po ay dinala doon sa aming bahay sa<br />
Alabang. We don’t know. We cannot be sure, but this, together<br />
with the bunch of papers, were eventually brought to the Office.”<br />
(emphasis supplied)<br />
And when Rep. Chipeco further zeroed in on whom he was referring to on<br />
June 6 as the source of the tapes, Mr. Bunye simply resorted to saying that was<br />
just his “first impression.” He repeated this tack when asked who the “political<br />
leader” was.<br />
“REP. CHIPECO. … Tanong ko po, Mr. Secretary – unang una – sino ba<br />
ang inyong source na sinasaad dito sa inyong press statement<br />
ng June 6?<br />
MR. BUNYE. Ah, iyan po ay initial impressions at akin pong<br />
ipinaliwanag kung paano po nakarating ito pong tape na ito sa<br />
ating tanggapan at afterwards how we later turned this over to<br />
the National Bureau of Investigation.<br />
REP. CHIPECO. No, you said the source – he must be a person, Mr.<br />
Secretary. Who is that person?<br />
MR. BUNYE. Your Honor, I am not – I do not know frankly – ah –<br />
what we know is this envelope which contained the tapes<br />
were delivered to my house in Alabang and this – together with<br />
the other papers were delivered to my office.<br />
xxx xxx xxx<br />
REP. CHIPECO. Well, again, Mr. Secretary, another point. You said<br />
the he is a political leader who happens to be the one talking<br />
to the – to the President. Who is this political leader, Mr.<br />
Secretary, that you stating in your press- press statement?<br />
118
MR. BUNYE. He – Your Honor – that was an initial impression –<br />
Your Honor.” (emphasis supplied)<br />
However, when pressed by Rep. Crisologo as to his personal belief,<br />
Mr. Bunye admitted that the voice on the tapes sounded like President<br />
Arroyo.<br />
“MR. BUNYE. When you heard the tapes that you played, both tapes,<br />
Tape I and Tape II, Mr. Secretary, did you immediately believe that<br />
it was the voice of President Macapagal?<br />
MR. BUNYE. Your Honor, I have answered that question already, and I<br />
have clarified that…<br />
REP. CRISOLOGO. Just yes or no.<br />
MR. BUNYE. I have…well, I…<br />
REP. CRISOLOGO. Personally, did you believe that that was the<br />
voice of the President?<br />
MR. BUNYE. It sounded like the President.” (emphasis supplied)<br />
June 27, 2005 – in the morning, at 11:15 a.m., the impeachment complaint of<br />
Atty. Oliver Lozano against President Arroyo was filed in the House<br />
-- in the evening, President Arroyo admitted, on national television,<br />
that she had made a telephone call to a COMELEC official<br />
during the 2004 electoral canvassing because she was<br />
“anxious to protect her votes,” and apologized <strong>for</strong> the “lapse<br />
of judgment;”<br />
-- right after this apology of President Arroyo, then Secretary of<br />
Social Welfare and Development (“DSWD”) Corazon Soliman<br />
accidentally became privy to a conversation that happened in<br />
the corridor outside the main dining hall of the Premiere Guest<br />
House in a conversation involving her, the President and Sec.<br />
Gabby Claudio. The President was in<strong>for</strong>med by Sec. Claudio<br />
that Atty. Lozano had already filed an impeachment<br />
complaint in the House. The President inquired whether the<br />
complaint has been endorsed, to which Sec. Claudio said that<br />
it has not been endorsed. Sec. Soliman heard the President<br />
say to Sec. Claudio to have the complaint endorsed already.<br />
Sec. Soliman remembers President Arroyo saying “pa-endorse<br />
mo na” and Sec. Claudio said that he will try to talk to<br />
Congressman Marcoleta. Sec. Soliman even inquired from<br />
Sec. Claudio whether this was the Congressman Marcoleta<br />
119
from the party list and he responded in the affirmative.”<br />
(August 30, 2004 statement of <strong>for</strong>mer DSWD Secretary Corazon<br />
“Dinky” Soliman; emphasis supplied)<br />
June 28, 2005 – Rep. Rodante Marcoleta endorsed the Lozano<br />
impeachment complaint<br />
June 29, 2005 – Susan Roces berated President Arroyo on live television <strong>for</strong> an<br />
insincere apology and accused her of cheating, lying and of having stolen the<br />
Presidency not once but twice<br />
July 4, 2005 – the Lopez impeachment complaint (i.e., of Jose Lopez) was filed<br />
July 6, 2005 – in his testimony be<strong>for</strong>e the House of Representatives, T/Sgt. Vidal<br />
Doble confirmed having filed a complaint with the NBI against Samuel Ong<br />
regarding their meeting at the San Carlos Seminary but admitted he was not<br />
kidnapped by the latter; alleged that he is not a wiretapper but admitted that he<br />
is indeed the ISAFP officer in the videotape aired on television who admitted<br />
that he is the source of the Garci Tapes; explained that he was merely <strong>for</strong>ced by<br />
Ong to do the said videotape, through threats to his family; admitted having<br />
received P2 million from the latter (Ong) at the Imperial (Palace) Hotel in<br />
consideration <strong>for</strong> the tapes, but denied that the same was a bribe and alleged<br />
not knowing the reason <strong>for</strong> Ong giving the money, stating (when repeatedly<br />
pressed) that it could possibly be a donation:<br />
“REP. ESCUDERO.<br />
xxx xxx xxx<br />
Sergeant Doble, una po kayong nakilala ng kinatawang ito, at<br />
marahil ng marami sa ating kababayan, noong sinabi ni<br />
Attorney Ong na kayo daw iyong ISAFP agent na nagwiretap<br />
na produkto… na ang produkto ay iyong tape na<br />
hawak-hawak niya. Totoo po ba ito?<br />
MR. DOBLE. Hindi po, Your Honor.<br />
REP. ESCUDERO. Hindi kayo wiretapper?<br />
MR. DOBLE. Hindi po, Your Honor.<br />
REP. ESCUDERO. Ngayon, may lumabas pong video na<br />
nagsasabing inaamin ninyo na kayo ‘yon, kayo nga po ba<br />
iyong nasa video?<br />
MR. DOBLE. Opo, Your Honor.<br />
REP. ESCUDERO. Sabi ninyo sa isang affidavit na ipinalabas<br />
ninyo binayaran lamang kayo para lumabas sa video at<br />
aminin na kayo ang wiretapper. Tama po iyon?<br />
120
MR. DOBLE. Ang totoo po, Your Honor, ay tinakot po ako at<br />
binantaan ang aking pamilya na may mangyayari po,<br />
Your Honor.<br />
REP. ESCUDERO. Hindi po kayo binayaran?<br />
MR. DOBLE. Hindi po binayaran, Your Honor, ibinigay po sa<br />
akin ‘yung pera.<br />
REP. ESCUDERO. Paki-ulit po uli?<br />
MR. DOBLE. Hindi ako binayaran, ibinigay po sa akin ‘yung<br />
pera, Your Honor ….<br />
REP. ESCUDERO. Magkano po?<br />
MR. DOBLE. Ah dalawang milyon (2 million) po, Your Honor.<br />
xxx xxx xxx<br />
REP. ESCUDERO. Kinidnap (kidnap) po ba kayo o pumunta kayo<br />
sa San Carlos?<br />
MR. DOBLE. Sinama po ako doon, Your Honor.<br />
REP. ESCUDERO. Boluntaryo?<br />
MR. DOBLE. Opo, Your Honor.<br />
REP. ESCUDERO. At pinapanindigan ninyo pong kinidnap<br />
(kidnap) kayo ni Attorney Ong?<br />
MR. DOBLE. Hindi po, Your Honor.<br />
REP. ESCUDERO. So hindi po totoong kinidnap (kidnap)<br />
kayo?<br />
MR. DOBLE. Opo, Your Honor.”<br />
xxx xxx xxx<br />
REP. CAYETANO.<br />
xxx xxx xxx<br />
Simula doon magbigay ka ng salaysay para maintindihan<br />
namin kung paano ang isang Sgt. Doble ay pumasok sa<br />
pangyayaring ito. Paano nag-umpisa? May lumapit lang sa<br />
iyo bigla, tinutukan ka ng baril o… paano nag-umpisa?<br />
MR. DOBLE. Ayon nga po sabi ni Lito po na ipapakilala niya po<br />
ako sa boss niya po, Your Honor<br />
REP. CAYETANO. Paki kuwento mo lang tuloy-tuloy para hindi<br />
maubos ang oras ko sa tanong.<br />
121
MR. DOBLE. ‘Yun nga po, Your Honor, bale sinama n’ya ako doon<br />
sa Timog, sa may Salakot, nag-antay kami doon, merong<br />
isang Chinese-looking guy na nag-entertain sa amin siguro<br />
more or less 30 minutes pagkakain namin ng almusal<br />
dumating itong si ano, isang lalaki at ipinakilala sa akin ni<br />
Lito na ‘yun nga si Atty. Samuel Ong.<br />
REP. CAYETANO. Tuloy-tuloy lang. Anong nangyari doon sa ano,<br />
sa pag-uusap n’yong ganon, kailan ka in-offer-an ng pera,<br />
tuloy-tuloy lang po hanggang umabot ka ng San Carlos<br />
Seminary.<br />
MR. DOBLE. ‘Yun nga po, ‘nung nandoon na kami sa Salakot<br />
bale pinakilala na nga sa akin ni Lito si Atty. Ong na isa<br />
raw na Deputy Director ng NBI. Ngayon, bale nagkuwento<br />
na kaagad itong si Atty. Ong na may balak silang gawin sa<br />
gobyerno, na dahil masyado na raw ang… rampant na raw<br />
ang corruption at ang katiwalian. In fact, nabanggit niya sa<br />
mga magiging…sinasabing Committee on Elders.<br />
Nabanggit niya rito sina Bro. Eddie Villanueva, dating Chief<br />
of Staff Jocelyn Nazareno, dating General Jimmy delos<br />
Santos, Mayor Binay…’Yun lang po ang natandaan ko sa…<br />
REP. CAYETANO. Tapos anong nangyari? Doon mismo pumayag<br />
ka na o hindi pa?<br />
MR. DOBLE. Hindi po. Bale ‘yun nga po nagyaya doon sa… doon<br />
daw kami kakain ng tanghalian sa Imperial Hotel.<br />
REP. CAYETANO. Tapos ‘yung kinuwento mo na kanina,<br />
nangyari nagbigayan ng dalawang milyon sa Imperial<br />
Hotel?<br />
MR. DOBLE. Opo, Your Honor.<br />
REP. CAYETANO. So, lahat ito isang araw, isang araw ka lang<br />
pinakilala, pinakain ng almusal, ng tanghalian, lahat ng<br />
impormasyon na ‘to sinabi sa ‘yo, isang araw lang<br />
naganap ‘to lahat na ‘to?<br />
MR. DOBLE. Opo, Your Honor.<br />
xxx xxx xxx<br />
REP. ROSALES. Yeah, please. Pagkatapos hiningi niyo hindi<br />
naman niyo tinanggap ‘yung…hiningi niyo yung pera pero<br />
tinanggap lamang ninyo ito, yung 2 million pesos, gusto ko<br />
lang pong malaman, ‘yung 2 million pesos na iyan po,<br />
ano po ba iyan? Iyan ba ay donation sa inyo o suhol…<br />
xxx xxx xxx<br />
MR. DOBLE. Kay Atty. Ong niyo na lang po itanong, Your<br />
Honor.<br />
122
CHAIRMAN G.C. REMULLA. Hindi…paki… Sa inyong<br />
pagkakaintindi, ano ba ho iyon? Pakisagot lang po ng<br />
tanong. Ito ba ho ay suhol o donation, sa inyong<br />
pagkakaintindi?<br />
MR. DOBLE. Hindi ko po alam, Your Honor.<br />
CHAIRMAN G.C. REMULLA. Tinanggap po ninyo, ano ho ang<br />
ibig sabihin noon? Ito ba ay para sa inyo ay isang<br />
donation o suhol? Napakasimple po. Ano ba ho ang<br />
nasa isipan ninyo?<br />
MR. DOBLE. Ang pagkasabi lang po ni Atty. Ong ay para sa<br />
akin, Your Honor.<br />
CHAIRMAN G.C. REMULLA. So, para ho doon, sa palagay<br />
ninyo, donasyon ba ho iyon?<br />
MR. DOBLE. Maaari po, Your Honor.<br />
CHAIRMAN G.C. REMULLA. Sa palagay ba ho ninyo suhol<br />
iyon?<br />
MR. DOBLE. Hindi ko rin po alam, Your Honor.” (T/Sgt. Vidal<br />
Doble, t.s.n., Joint Hearing of House of Representatives<br />
Committee on Public In<strong>for</strong>mation with Committees on<br />
Public Order and Safety, National Defense and Security,<br />
In<strong>for</strong>mation Communications Technology, and Suffrage and<br />
Electoral Re<strong>for</strong>ms, July 6, 2005; emphasis supplied)<br />
July 7, 2005 – having gotten wind of the impending resignation of several key and<br />
Cabinet officials, President Arroyo ordered all cabinet members to resign 41<br />
July 8, 2005 – ten cabinet members and other officials (the “Hyatt 10”) resigned<br />
-- the Makati Business Club called on President Arroyo to resign<br />
-- the Catholic Bishops Conference of the <strong>Philippine</strong>s adopted neutrality<br />
-- the House of Representatives issued three subpoenas to Garcillano 42 ; all were<br />
ignored<br />
41<br />
“In an apparent move to preempt desertion by her key Cabinet members, President Macapagal-Arroyo last night<br />
demanded the resignation of her Cabinet to allow her to initiate constitutional amendments and declared she would<br />
not give in to demands that she step aside.<br />
xxx xxx xxx<br />
‘So what resignation are they going to announce tomorrow when they have all been considered resigned,’ the source<br />
said.” (“GMA tells cabinet: Quit,” Gil C. Cabacungan Jr. and Christian V. Esguerra, PDI, July 8, 2005)<br />
42<br />
served at his residence in Cagayan de Oro and a condominium, and a farm in Bukidnon<br />
123
July 10, 2005 – the CBCP, then headed by Archbishop Fernando Capalla, issued a<br />
pastoral statement in which they did not join the clamor <strong>for</strong> resignation of<br />
President Arroyo but which left open three options <strong>for</strong> the resolution of the<br />
crisis: voluntary resignation, impeachment, and creation of a truth commission<br />
to inquire into allegations that the President had manipulated the 2004<br />
elections<br />
July 14, 2005 – Garcillano flew by Learjet to Singapore, then from Singapore to<br />
London 43 ; the fact of departure was denied by Bureau of Immigration<br />
Commissioner Alipio Fernandez<br />
July 18, 2005 – in response to calls from the Catholic Bishops Conference of the<br />
<strong>Philippine</strong>s, President Arroyo wrote to outgoing CBCP President and Davao<br />
Archbishop Fernando Capalla and stated her position that she will be<br />
<strong>for</strong>ming a truth commission. Spokesman Ignacio Bunye told reporters she<br />
will issue an executive order creating the probe commission and that she<br />
will be consulting various stakeholders like the CBCP in selecting its members 44<br />
-- the House issued a warrant of arrest <strong>for</strong> Garcillano<br />
July 19, 2005 – President Arroyo filed her Answer to the Lozano impeachment<br />
complaint 45<br />
July 25, 2005 – the State of the Nation Address was delivered by President<br />
Arroyo, in which she elaborated on the need <strong>for</strong> charter change but made<br />
no mention at all of the Garci Tapes scandal<br />
-- through her National Security Adviser Norberto Gonzales, President<br />
Arroyo procured a contract with the <strong>for</strong>eign law firm Venable Llp. to lobby<br />
and procure United States grants or congressional funds <strong>for</strong> the purpose of<br />
43 as proven much later, from the note verbale of the Singapore government dated August 31, 2005, which reads:<br />
“The Ministry of Foreign Affairs of the Republic of Singapore presents its compliments to the Embassy of the<br />
Republic of the <strong>Philippine</strong>s and has the honour to refer to the latter’s Note: 146.2005 dated 24 August 2005<br />
requesting additional in<strong>for</strong>mation on the circumstances surrounding the entry and subsequent departure from<br />
Singapore of Commission on Elections Commissioner Virgilio O. Garcillano Jr.<br />
The Ministry has the further honour to in<strong>for</strong>m the Embassy that Mr Virgilio Garcillano transited in Singapore<br />
on 14 July 2005 onboard a Learjet 35 with the registration number RP-C 1426. Mr Garcillano departed<br />
Singapore on 15 July 2005 on board Singapore Airlines Flight SQ 320.” (emphasis supplied)<br />
This note verbale was indorsed by Foreign Affairs Secretary Alberto Romulo to the House, as follows:<br />
“Relative to your Department’s invitation to the DFA to attend your hearing on the flight of Commissioner Garcillano<br />
we are transmitting to you the 31 August 2005 note verbale from the Singapore Foreign Ministry received by our<br />
Embassy on 4 September 2005 containing further details on his entry to and departure from Singapore on 14 and 15<br />
July, respectively.”<br />
44<br />
“GMA to <strong>for</strong>m truth body,” Christine O. Avendaño and Christian V. Esguerra, PDI, July 20, 2005, p. A1<br />
45<br />
i.e., even be<strong>for</strong>e the Lozano and Lopez complaints could be acted upon by the Speaker of the House and referred<br />
to the House Committee on Justice (Congress was not in session)<br />
124
effecting <strong>Philippine</strong> constitutional amendments, including a change to a<br />
federal and parliamentary system of government<br />
-- the political opposition filed the Amended Impeachment Complaint in<br />
the House of Representatives<br />
-- the three impeachment complaints were simultaneously referred by the<br />
House Speaker to the House Committee on Justice 46<br />
August 3, 2005 – Michaelangelo “Louie” Zuce testified in the Senate about<br />
electoral fraud directed by Garcillano and benefiting President Arroyo in<br />
the 2004 elections, submitting his Affidavit dated August 1, 2005 detailing,<br />
among others, electoral fraud special operations under the direction of<br />
Garcillano, which included recruitment and bribery of election officials,<br />
attaching thereto copies of official documents supporting his allegations<br />
August 4, 2005 – jueteng witness Richard Garcia tearfully apologized to President<br />
Arroyo on national television, but did not retract his sworn statement on<br />
jueteng against the Arroyos<br />
August 8, 2005 – Abraham Demosthenes Riva retracted his sworn statement on<br />
jueteng against the Arroyos<br />
-- Corazon “Dinky” Soliman wrote “Why I Resigned From Government, And<br />
Asked My Boss To Resign As Well, a personal piece by Dinky Soliman<br />
(August 8, 2005),” wherein she attested that after her apology <strong>for</strong> a “lapse<br />
in judgment,” it became abundantly clear that President Arroyo’s real goal<br />
was “survival at all cost”<br />
August 10, 2005 – at a televised press conference, Atty. Pedro Ferrer, lawyer of<br />
President Arroyo, admitted that President Arroyo was speaking with<br />
Garcillano in the tapes “to protect her votes,” saying that was okay and not<br />
a problem; however, when asked why the President called up Garcillano even as<br />
it was Congress that was canvassing the votes <strong>for</strong> presidential candidates, Atty.<br />
Ferrer had no answer; 47<br />
46<br />
The House Journal of July 25, 2004 reads: “Upon direction of the Chair, the Secretary General read on First<br />
Reading the Impeachment Complaints and the Amended Complaint against President Gloria Macapagal-Arroyo,<br />
which were referred to the Committee on Justice:<br />
Impeachment complaint against President Gloria Macapagal-Arroyo filed on June 28, 2005 at 11:15 a.m. by Atty.<br />
Oliver O. Lozano and endorsed by Hon. Rodante D. Marcoleta and Hon. Rolex T. Suplico and attachments<br />
Impeachment complaint against President Gloria Macapagal-Arroyo filed on July 4, 2005 at 4:30 p.m. by Atty. Jose P.<br />
Lopez and endorsed by Representative Antonio C. Alvarez.<br />
Amended Complaint against President Gloria Macapagal-Arroyo filed on July 25, 2005 at 9:30 a.m. by Roque and<br />
Butuyan Law Offices, Atty. Oliver O. Lozano, Hon. Escudero, Zamora, Suplico, et. al. and endorsed by Hon. Ocampo,<br />
Hon. Mariano, Hon. Beltran, Hon. Virador, Hon. Casiño, Hon. Maza, Hon. Rosales, Hon. Aguja, and Hontiveros-<br />
Baraquel, et. al.”<br />
47<br />
See also The <strong>Philippine</strong> Star, Aug. 11, 2005, p.11<br />
125
-- Michaelangelo Zuce testified again be<strong>for</strong>e the Senate on electoral fraud<br />
-- Army Capt. Marlon Mendoza testified be<strong>for</strong>e the Senate on election<br />
anomalies in the 2004 elections, submitting his Affidavit dated August 6,<br />
2005, corroborating the testimony of Michaelangelo Zuce, and thus<br />
likewise the Garci Tapes<br />
Aug 12, 2005 – jueteng witness against the Arroyo family Ferdinand Gerardo recanted<br />
his incriminating statements on the ANC Channel but was cut short by the<br />
emergency press conference held by Environment Secretary Michael Defensor;<br />
-- in that emergency press conference at the Sulo Hotel, Defensor stated that a<br />
portion of the Garci Tapes containing President Arroyo’s voice was<br />
spliced to convert the word “Binalbag” to “Dagdag, dagdag” as well<br />
as change the sentence “Mananalo ba si FPJ by 1M?” to “Mananalo<br />
ba ako by 1M?,” and thereby confirmed that “that is the voice of the<br />
President but that is not the President talking.” He presented<br />
Jonathan Tiongco, an expert sound engineer, who confirmed that the<br />
Garci Tapes were spliced, and likewise referred to American expert Barry<br />
Dickey, referred by Tiongco, as saying there were “anomalies” in the<br />
Paguia tapes submitted to the House which he had examined 48<br />
-- Jaime Sarthou, one of the expert sound engineers to be supposedly<br />
presented by Sec. Defensor in this press conference, turned out to<br />
have been misled, such that he immediately left the venue. He later<br />
recounted in his sworn statement dated February 26, 2006:<br />
“14. Sometime in August 22, 2005, a certain Jonathan Tiongco<br />
called me and asked me to be part of a team of audio<br />
experts that will be hired by Sec. Mike Defensor to analyze<br />
the Garci CDs. I was supposed to be given by Sec. Defensor<br />
tracks of CDs to analyze.<br />
15. I went to the meeting place expecting a briefing, as I was told,<br />
on what we were supposed to do and the tracks we were<br />
supposed to study. I met with Sec. Defensor and to my<br />
surprise a press conference immediately ensued where<br />
Mr. Tiongco presented his findings that the Garci CDs<br />
were spliced and tampered with.<br />
16. However, in my capacity as recording engineer, I did not<br />
find any basis to support the findings of Jonathan<br />
Tiongco. I find the CD he presented to be substantially<br />
different from the other CDs. The files that were<br />
presented contained splices and anomalies <strong>for</strong> us to<br />
48<br />
When anchor Karmina Constantino asked, “So you admit that the tapes show those of GMA and Garcillano?”<br />
Sec. Defensor did not answer but instead mouthed long, irrelevant sentences to the effect that the impeachment<br />
complaint is based on falsities, whether using the Samuel Ong, Paguia, or other version of the 3-hour Garci Tapes.<br />
126
‘find’. Disgusted with the deception and feeling used, I<br />
silently left the press briefing.” 49<br />
August 13, 2005 – Sec. Corazon “Dinky” Soliman’s article regarding her resignation<br />
was published by Rina David in the <strong>Philippine</strong> Daily Inquirer<br />
Aug. 16, 2005 – Sen. Serge Osmeña III showed on television notes from Michaelangelo<br />
Zuce showing the handwriting of Garcillano recording bribes to COMELEC<br />
officials<br />
-- at the impeachment proceedings continued by the House Justice Committee,<br />
congressmen debate on whether or not to consider the “prejudicial<br />
questions” of Rep. Edcel Lagman or discuss the <strong>for</strong>m/substance of the<br />
complaints<br />
Aug. 17, 2005 – Sen. Sergio Osmeña III showed on television documents from<br />
Michaelangelo Zuce written by local Comelec official Atty. Francisco Pobe<br />
regarding the “vote acquisition” project of President Arroyo during the 2004<br />
elections<br />
-- Rep. Alan Cayetano held a press conference be<strong>for</strong>e the continuation of<br />
the House Justice Committee hearing, reporting the early morning<br />
raid on the house of<br />
<strong>for</strong>mer NBI Deputy Director and 2004 vice-presidential candidate<br />
Loren Legarda witness Segundo Tabayoyong, exposing fabricated<br />
election returns that Tabayoyong was examining<br />
-- television anchor Ricky Carandang quoted Sen. Gilbert Remulla as saying<br />
that the July 14, 2004 flight Garcillano to Singapore has been confirmed<br />
by the Department of Foreign Affairs 50 , but that Commissioner of<br />
Immigration Alipio Fernandez remains clueless<br />
August 18, 2005 – A) the PDI published the following --<br />
-- According to the DFA, Garcillano departed July 14 from the Manila Domestic<br />
Airport aboard RP-C 1426 Subic Air Learjet, arriving in Singapore on the<br />
same date and, according to a Singapore government report (which<br />
Singapore report DFA Undersecretary Franklin Ebdalin said he got “a few<br />
days back”), departed <strong>for</strong> an unknown destination the next day<br />
-- Garcillano left aboard a jet bound <strong>for</strong> Cebu which changed destination in<br />
mid-air; Air Transportation Office 51 Chief Nilo Jatico denied knowledge of<br />
the identity of the passengers in the jet, saying ATO is concerned only<br />
with aircraft registry and flight plan of pilots<br />
-- the news report that Tabayoyong raid is confirmed; 41 boxes of election<br />
returns were seized by the PNP CIDG/ISAFP;<br />
49<br />
50<br />
51<br />
Mr. Sarthou later volunteered to testify and did testify be<strong>for</strong>e the CCTA as expert<br />
hereafter, “DFA”<br />
hereafter, “ATO”<br />
127
-- an article wherein Tabayoyong discussed details of the manner of fabrication<br />
of election returns during the 2004 elections<br />
B) in the news program TV Patrol --<br />
-- Tipo-Tipo, Basilan election supervisor Rashma Hali confirmed the<br />
harassment employed upon her by the military to pressure<br />
her into cooperating with Garcillano<br />
-- sound engineer James Sarthou stated his opinion that it is the<br />
Bunye tapes that are fabricated, whereas the Paguia tapes are<br />
not<br />
August 19, 2005 – President Arroyo issued E.O. 453 creating the 54-member<br />
Consultative Commission on charter change<br />
-- “Public Consultations” begin…<br />
-- over ANC Channel<br />
-- expert sound engineer Jaime Sarthou stated that the word<br />
“dagdag” in the Garci Tapes truly exists and was spoken, not<br />
fabricated by splicing whether from “Binalbag” or any other<br />
word/s<br />
-- President Arroyo’s lawyer Romulo Macalintal rebutted Tabayoyong’s<br />
statements regarding the irregularities that he saw in the election<br />
returns that he examined (e.g., re the size of the thumbmarks, the<br />
color of the ink, etc.)<br />
-- Rep. Escudero rebutted the statements of Atty. Macalintal<br />
August 30, 2005 – <strong>for</strong>mer DSWD Secretary Corazon “Dinky” Soliman issued her<br />
statement disclosing how, after issuing live on television her<br />
admission/apology on June 27, 2006, President Arroyo had instructed<br />
Presidential Adviser Gabriel Claudio to have Rep. Rodante Marcoleta<br />
indorse the impeachment complaint which, according to Claudio, the<br />
latter had already filed that morning:<br />
“STATEMENT OF CORAZON JULIANO SOLIMAN, August 30, 2005<br />
Good morning, ladies and gentlemen, dear friends. The past two<br />
hearings of the Justice Committee of the House of Representatives has<br />
been quite instructive <strong>for</strong> me as a citizen concerned with the truth and<br />
concerned <strong>for</strong> the future. I have listened patiently to the debate on the<br />
prejudicial questions, starting with seven and now narrowed down to<br />
two. I have come to realize that procedures and technicalities are quite<br />
important in order to delimit or expand the scope of the impeachment<br />
proceedings at the House of Representatives.<br />
128
It is only now that I have come to realize the full import of the<br />
Lozano complaint, and how it could operate to exclude other complaints<br />
subsequently filed, if one were to believe the position of some<br />
congressmen, based on their reading of existing law and precedents from<br />
the Supreme Court. Today I would like to share with you an incident<br />
which I believe would shed some light on this issue.<br />
Last June 27, 2005, when I was still Secretary of the<br />
Department of Social Welfare and Development, we were called to a<br />
meeting in Malacanang and watched on a large television the live<br />
coverage of the ‘I am Sorry’ speech of the President. After the<br />
speech, the President joined the Cabinet members, and it was<br />
during this occasion that we congratulated her, gave her a bouquet<br />
of roses and even sang to her.<br />
But more than that, I was privy to a conversation that<br />
happened in the corridor outside the main dining hall of the<br />
Premiere Guest House, the full meaning of which only dawned upon me<br />
of late. In a conversation involving me, the President and Sec.<br />
Gabby Claudio, the President was in<strong>for</strong>med by Sec. Claudio that<br />
Atty. Lozano has already filed an impeachment complaint in the<br />
House. The President inquired whether the complaint has been<br />
endorsed, to which Sec. Claudio said that it has not been endorsed.<br />
I heard the President say to Sec. Claudio to have the complaint<br />
endorsed already. I remember her saying “pa-endorse mo na” and<br />
he said that he will try to talk to Congressman Marcoleta. I even<br />
inquired from Sec. Claudio whether this was the Congressman<br />
Marcoleta from the party list and he responded in the affirmative.<br />
At the time I was not aware of the significance of that<br />
conversation, but at this juncture of the impeachment proceedings, I<br />
believe it is important that I make a statement in the interest of truth<br />
and fairness. I am sorry Madam President if this further aggravates the<br />
situation, but I firmly believe that I have to speak out and let the people<br />
know the truth." (emphasis supplied)<br />
-- the Black-and-White movement likewise issued its statement<br />
revealing their realization that President Arroyo has adopted<br />
the policy and practice of committing whatever government<br />
resources it will have to take to achieve her single aim of<br />
survival at all cost. We quote:<br />
“Survival-At-All-Cost”<br />
(Or, How To Run One’s Country to the Ground)<br />
Hyatt 10 statement read by <strong>for</strong>mer Education Secretary Florencio<br />
‘Butch’ Abad at the Black & White Movement’s August 30 <strong>for</strong>um<br />
129
The impeachment process may abruptly end this week. It will<br />
likely end without the parties in the case being given the<br />
opportunity to present the substantive issues underlying the<br />
amended impeachment complaint, as well as, the evidence<br />
supporting them. For this reason, we, the ten cabinet secretaries<br />
and key officials who resigned last July 8 and who appealed to<br />
PGMA to voluntarily relinquish the Presidency, would like to take<br />
this opportunity to share with you in<strong>for</strong>mation that will explain<br />
further our decision to resign, in<strong>for</strong>mation that the public must<br />
know.<br />
In our resignation statement, we expressed alarm over the<br />
‘survive-at-all-cost’ policy that the President had adopted in<br />
dealing with the crisis. We were afraid that from then on<br />
decision-making would be dictated not by the demands of<br />
re<strong>for</strong>m and good governance but mainly by political<br />
accommodations to serve the ends of day-to-day political<br />
survival.<br />
We saw this policy at work in a number of incidents at the<br />
height of the crisis; allow us to cite some of them:<br />
1. We took issue with the President about her reliance on parallel<br />
groups making decisions and operating without transparency and<br />
any accountability, except perhaps to her. We complained that<br />
this manner of operation was confusing and resulting in said<br />
groups working at cross-purposes with offices with the mandate to<br />
per<strong>for</strong>m their functions. For example, we were surprised in one<br />
meeting where the President admitted having to rely on Rep.<br />
Ronnie Puno as ‘crisis manager’ at the height of the Garci tape<br />
crisis when there were people in the Cabinet who could be just as,<br />
if not more, competent, to handle the situation.<br />
We wondered: Were other parallel and unaccountable groups<br />
relied upon by the President to help her out at other instances,<br />
particularly in the 2004 elections?<br />
2. During a meeting between a small group of Cabinet secretaries<br />
and the President, the group insisted that apart from convincing<br />
her husband, the First Gentleman, and their son, Rep. Mikey<br />
Arroyo, to go on self-imposed exile, she should also consider giving<br />
up certain officials closely identified with the First Gentleman.<br />
When the president pressed them <strong>for</strong> names and the group<br />
mentioned the name, Ephraim Genuino of Pagcor, the President’s<br />
response almost floored them: ‘I need Genuino because he<br />
provides me with support. He takes care of media and the bishops<br />
<strong>for</strong> me.’<br />
130
We wondered: What did the President mean by those words? What<br />
role do Genuino and Pagcor play <strong>for</strong> the President in relation to<br />
the media and the bishops?<br />
3. On July 5, in a Cabinet meeting a week after her “I am<br />
sorry” speech, the President expressed remorse over her<br />
public statement on the Garci tape, chastised those of us who<br />
insisted on her speaking about the tape and complained that<br />
she drew more flak than public sympathy <strong>for</strong> her apology.<br />
We wondered: Did she make the admission on the Garci tape<br />
out of a sincere desire to tell the truth? Or, was the apology<br />
made out of fear that some Cabinet members might resign if<br />
she did not? Was this the reason why a majority of the people<br />
viewed her public apology as insincere?<br />
In the same Cabinet meeting, the President announced, in<br />
light of what she perceived as escalating attempts to destabilize<br />
her government, a new framework <strong>for</strong> governance – national<br />
security.<br />
Again, many of us wondered: Was the President now confusing<br />
her own survival with that of the state, so that any criticism<br />
directed at her would now be viewed as attacks on the<br />
security of the state itself? Is this new doctrine what drove<br />
ISAFP agents to raid the San Mateo apartment of Mr.<br />
Tabayoyong without any legal justification and in clear<br />
violation of Mr. Tabayoyong’s constitutional and political<br />
rights?<br />
The latest issue that has hit the headlines—the resignation of<br />
SBMA Chairman Francisco Licuanan—again graphically<br />
illustrates this ‘survival-at-all-cost’ syndrome.<br />
This time, the cost is competence and professionalism in<br />
governance, the ability of the government to attract highly<br />
qualified and dedicated men and women of integrity from the<br />
private sector to serve in government. It was not enough that Mr.<br />
Licuanan had to be sacrificed to give way to what is generally<br />
suspected to be an impeachment quid-pro-quo. Unable to explain<br />
Licuanan’s abrupt resignation, unnamed Administration officials<br />
had to resort to lies—that ‘he did not have a taste <strong>for</strong> the<br />
bureaucratic life’ and that the workload at SBMA was ‘too<br />
stressful’ <strong>for</strong> him—fabrications that Licuanan politely rejected as<br />
“wrong impressions.”<br />
Again we asked: How many more competent and deserving people<br />
in government will be sacrificed and how many more juicy<br />
positions in government will be doled out in exchange <strong>for</strong> support<br />
in the impeachment process?<br />
131
Today, the House Committee on Justice may finally decide to<br />
consider the original Lozano complaint as the appropriate<br />
complaint to be discussed in the ongoing impeachment hearings.<br />
The vote will mean the exclusion of the amended Lozano<br />
complaint, which was originally endorsed by 43 representatives<br />
(and which we are told has since increased to more than 70 as of<br />
yesterday) and where a number of individuals and organizations<br />
were co-complainants.<br />
We have serious reasons to doubt that the Lozano complaint<br />
was simply a solitary ef<strong>for</strong>t by Atty. Oliver Lozano to impeach<br />
the President. It more likely appears to us to have been part<br />
of a grand plan, known or not known to Attorney Lozano, to<br />
frustrate the impeachment process right from the start. If<br />
this is true, we feel this is yet again another scheme<br />
perpetrated to ensure the President’s survival, at the cost of<br />
the integrity of the Constitutional process of impeachment.<br />
We are bothered by these thoughts because of an incident that<br />
occurred on that memorable night of June 27, right after the<br />
President made her now-famous “I am sorry” speech be<strong>for</strong>e our<br />
people. For this purpose, allow me to recognize an eyewitness to<br />
an exchange between the President and a key Cabinet official<br />
regarding an impeachment complaint that was filed in the<br />
morning of that day, <strong>for</strong>mer DSWD Secretary Dinky Soliman.<br />
Like you, we are disturbed by questions arising from said<br />
incident: Was it a coincidence that Attorney Lozano filed his<br />
impeachment complaint in the morning of June 27, and in<br />
the evening of the same day, PGMA made her ‘I am sorry’<br />
speech on the Garci tapes? Or, was the weak and possibly<br />
defective-in-<strong>for</strong>m Lozano complaint part of a grand conspiracy<br />
to frustrate and preclude the filing of an honest-to-goodness<br />
impeachment complaint that the Palace anticipated would<br />
arise from the public admission made by the President on the<br />
Garci tapes? If that is so, were Attorney Lozano and party-list<br />
Representative Marcoleta aware of such a plan?<br />
If that is so, is this the reason why anti-impeachment proponents<br />
in the House Committee on Justice have adopted a very restrictive<br />
and narrow interpretation of the impeachment rules and the<br />
Constitution to favor the consideration of the original Lozano<br />
complaint to the exclusion of the substantial amended complaint?<br />
These are questions we have raised just on this particular<br />
incident. We have more to ask as we did earlier. And, more<br />
important, you too, citizens of this country, have your own<br />
questions that deserve answers. You deserve the truth, no less.<br />
132
Right now, the venue where we can demand answers, testimonies<br />
and evidence from all parties is the impeachment trial, the only<br />
constitutional process available and acceptable to many to ferret<br />
out the truth. What happens when the House Committee on<br />
Justice votes to consider only the original Lozano complaint and<br />
subsequently acts to throw it out on a technicality? What do we do<br />
next?” (emphasis supplied)<br />
-- the House Justice Committee hearings on the impeachment complaints<br />
continued, with the motion of Rep. Lagman that his “7 prejudicial<br />
questions” be tackled first be<strong>for</strong>e the Committee tackles sufficiency of<br />
<strong>for</strong>m/substance being carried, with 54 votes in favor, 24 votes against,<br />
and 3 abstentions<br />
-- TV Patrol featured news to the effect that five Representatives have<br />
decided to sign the Amended Impeachment Complaint, namely,<br />
Reps. Edmundo Reyes, Dudut Jaworski, Ace Barbers, Renato<br />
Magtubo, and Gilbert Remulla<br />
September 4, 2005 – the Department of Foreign Affairs received the note verbale<br />
of the Singapore government attesting to the arrival of Garcillano in<br />
Singapore on July 14, 2005 and departure <strong>for</strong> London on July 15, 2005<br />
but did not immediately transmit the in<strong>for</strong>mation to the House of<br />
Representatives Committees investigating the Garci Tapes controversy<br />
despite their earlier issuance of a warrant of arrest <strong>for</strong> Garcillano<br />
September 5-6, 2005 – the House of Representatives ruled that the Lozano<br />
impeachment complaint was filed prior to and there<strong>for</strong>e bars the Lopez<br />
and the Amended Impeachment Complaints from being officially acted<br />
upon by the House, on the basis of the constitutional prohibition against the<br />
filing of more than one impeachment proceeding within a year; thereafter, the<br />
House dismissed the Lozano impeachment complaint on the ground of<br />
insufficiency in <strong>for</strong>m and substance 52<br />
-- In his privilege speech, Rep. Remulla revealed facts showing the<br />
underhanded escape of Garcillano from the country through<br />
conspiratorial acts among agencies of government (discovered by<br />
him through his own high-level contacts in the diplomatic<br />
community and <strong>for</strong>eign services), despite the contempt citation and<br />
warrant of arrest against him by the House, as follows:<br />
“1. Mr. Garcillano arrived in Singapore on board a Lear jet of the<br />
Subic International Air Charter, Inc. on July 14, 2005.<br />
52<br />
According to the House Journal, “With 158 affirmative votes, 51 negative votes and 6 abstentions, the House<br />
approved Committee Report No. 1012 on House Resolution No. 933 submitted by the Committee on Justice,<br />
pertaining to the dismissal of the impeachment complaints against President Macapagal-Arroyo.”<br />
133
2. Said plane is the same plane identified as RP-C 1426 which media<br />
organizations had reported as the one used by Mr. Garcillano<br />
to escape from the country, and as the a<strong>for</strong>ecited airline and the<br />
Air Transportation Office (ATO) had claimed to have a flight<br />
manifest showing only two pilots and a flight engineer as the<br />
plane's passengers.<br />
3. Said plane is the same plane that the Bureau of Customs,<br />
AVSECOM, Manila International Airport Authority and Bureau<br />
of Immigration (BI) and Quarantine Office had cleared as<br />
having no passengers except <strong>for</strong> its crew.<br />
4. The Singaporean Foreign Ministry had submitted a letter to the<br />
<strong>Philippine</strong> Embassy in Singapore the previous week about the<br />
matter.<br />
… Rep. Remulla rued the fact that the Department of Foreign Affairs<br />
(DFA) has refused to give a copy of said letter to the House despite<br />
his office's follow-up. He asked whether it has to take <strong>for</strong>eigners to<br />
help obtain the truth … Opining that the situation smells of coverup<br />
and conspiracy, he stressed that it is astonishing to say the very<br />
least <strong>for</strong> a <strong>for</strong>mer Comelec Commissioner to have such influence<br />
over the ATO, BI and the a<strong>for</strong>ecited airline.” (Journal No. 14 of the<br />
House of Representatives, September 5, 2005; emphasis supplied)<br />
September 21, 2005 – on the anniversary of martial law, in the wake of protests<br />
following the dismissal of the impeachment complaints, the<br />
administration and the PNP announced the policy of “calibrated preemptive<br />
response” or “CPR” (in substitution of “maximum tolerance”) in<br />
en<strong>for</strong>cing B.P. 880<br />
September 26, 2005 – vice-presidential candidate Loren Legarda presented at the<br />
Kapihan sa Maynila documents expert (and later, CCTA witness) Segundo<br />
Tabayoyong and the latter’s power point slide presentation regarding his study<br />
which led to the discovery of thousands of fabricated 2004 electoral<br />
returns in favor of President Arroyo<br />
September 28, 2005 – the undated and unpublished E.O. 464 (directing all executive<br />
officials not to testify be<strong>for</strong>e the House or the Senate without the permission of<br />
President Arroyo) was first made known to the public through the testimony<br />
of Marine Brig. Gen. Francisco Gudani be<strong>for</strong>e the Senate on that day<br />
-- notwithstanding E.O. 464 and the frantic ef<strong>for</strong>ts of the administration<br />
to prevent his testimony, Brig. Gen. Gudani testified in and<br />
submitted his Affidavit to the Senate, exposing his pull-out and<br />
relief <strong>for</strong> more than a week by an Army Colonel Pirino, without valid<br />
reason, from his mission of guarding the election results at the<br />
height of the counting of votes in Lanao del Sur, with his superiors<br />
advising him to go to Manila, play golf, or go to Boracay<br />
134
September 29, 2005 – expert witnesses testified in the Senate on the anomalies<br />
tainting the railway project of the North Luzon Railways Corporation<br />
October 6, 2005 – the Bayan Muna rally was violently dispersed, precipitating the<br />
filing of G.R. No. 169838, a petition to declare B.P. 880 null and void<br />
November 8, 2005 – the CCTA was launched<br />
November 9, 2005 – Hadji Abdullah Dalidig testified be<strong>for</strong>e the CCTA on the<br />
falsification of election results in Lanao del Sur during the 2004 elections<br />
in favor of President Arroyo, as shown specially in the discrepancies between<br />
Namfrel election returns and the Comelec Certificates of Canvass, submitting<br />
his Affidavit dated October 10, 2005, and recounting his press conference on<br />
June 7, 2004 exposing election fraud as precipitating the Garci Tapes<br />
conversation referring to him<br />
November 17, 2005 – Marine Brig. Gen. Francisco Gudani testified in the Senate<br />
anew regarding election irregularities such as in Poona Bayabao, Lanao del<br />
Sur<br />
-- Hadji Abdullah Dalidig likewise testified in the Senate on electoral fraud,<br />
re his testimony be<strong>for</strong>e the CCTA and the contents of his affidavit<br />
middle of November, 2005 – Garcillano surfaced from his refuge in Mindanao (“Hello<br />
Garci,”<br />
Newsbreak, January 30, 2005, pp. 10-12)<br />
November 29, 2005 – the House of Representatives passed a resolution<br />
trans<strong>for</strong>ming Congress into a “Constituent Assembly”<br />
November 30, 2005 – submission by Samuel Ong to Senate Committee on National<br />
Defense and Security of the VCD reproduction of the alleged "mother of all<br />
tapes" and transcripts thereof and of VHS tape containing alleged interview of<br />
T/Sergeant Vidal Doble regarding circumstances behind the "mother of all<br />
tapes"<br />
December 4, 2005 (Sunday) – Garcillano surfaced in Maguindanao province<br />
(www.Sunstar.com.ph, December 5, 2005 issue)<br />
December 8, 2005 – Hadji Abdullah Dalidig testified in the Senate on the<br />
egregious discrepancies between election results as contained in Namfrel<br />
election returns and as contained in the certificates of canvass<br />
-- Marieta Santos, <strong>for</strong>mer girlfriend of T/Sgt. Vidal Doble, testified in<br />
the Senate that the latter, as wiretapping team member of<br />
ISAFP MIG 21, Camp Aguinaldo, was the source of the Garci<br />
Tapes, who delivered the same to <strong>for</strong>mer NBI Deputy Director<br />
Samuel Ong <strong>for</strong> P2 million, and that his July 6, 2005<br />
recantation of his video-tape (admitting to his being the<br />
source) is not borne of the truth but, rather, of acts of<br />
135
intimidation and blackmail by the ISAFP against him and his<br />
family 53<br />
December 12, 2005 – DA Undersecretary Jocelyn “Joc-joc” Bolante fled <strong>for</strong><br />
abroad, the very day he was supposed to appear <strong>for</strong> a Senate Committee<br />
hearing on the fertilizer funds scam<br />
December 13, 2005 TSN – testifying be<strong>for</strong>e the House, Garcillano denied having<br />
knowledge of when the canvassing in Lanao occurred with respect to his alleged<br />
conversation with President Arroyo, stated that he was afraid to surface<br />
because the administration or the opposition might do something to him,<br />
denied being in Singapore, Brazil and Malaysia, or boarding a LearJet dressed<br />
as an engineer on July 14, 2005, admitted that election return fraud is<br />
possible, and admitted that he entertained requests of politicians through<br />
phone calls<br />
Dec.15, 2005 – the Abueva Commission released its recommendations <strong>for</strong> charter<br />
change; President Arroyo endorsed the commission’s report to Congress<br />
December 31, 2005 – National Security Adviser Norberto Gonzales admitted,<br />
during a Senate hearing on Venable Llp. contract, that President Arroyo was<br />
wiretapped<br />
January 19, 2006 – during the hearing scheduled by the Senate Committee on<br />
National Defense and Security on this day on P.S. Resolution No. 295<br />
(investigation on the Wiretapping of the President of the <strong>Philippine</strong>s), key<br />
resource persons from the AFP failed to appear because of E.O. 464. This<br />
was the fourth (4th) invitation issued by the Committee<br />
-- Michaelangelo Zuce testified in the Senate anew about electoral fraud<br />
53<br />
15. On Monday, June 13, 2005, between 10:30 - 11 :00 a.m., Jeff received a call from<br />
wife Arlene on his cellular phone, which conversation I heard, as Jeff's speakerphone was on. I heard Arlene<br />
say, "Dad, kung itutuloy mo iyan, kalimutan mo na kaming pamilya mo. Di bale na ako, pero isipin mo yung<br />
mga bata." Immediately after that conversation, Jeff looked troubled and told me that his wife and children<br />
were taken by the ISAFP from Kidapawan City in North Catabato and were being held in Manila as leverage<br />
to try and persuade him to go with them. Jeff then said that he had to leave the seminary soon,as his<br />
children were in danger. He asked if I could stay behind, to which I replied, "Anong gagawin ko dito?;"<br />
SEN. LIM. Bakit biglang nabaligtad ang pangyayari nung mapasakamay si Sergeant Doble ng ISAFP<br />
iba na ang kanyang dinedeklara na siya ay pinilit, na diumano hindi sa kanya galing ‘yung<br />
tape. Alin ba ang totoo?<br />
MS. SANTOS. Ang totoo po sa kanila nanggaling iyong tape. Kaya po siya bumaligtad dahil<br />
hinawakan po ng ISAFP ‘yung pamilya niya, kinuha po sa Kidapawan City.<br />
SEN. LIM. Ang ibig mo bang sabihin ‘yung pamilya ni Sergeant Doble ang<br />
hinostage ng ISAFP kaya siya bumaligtad?<br />
MS. SANTOS. Hindi ko po alam kung “hostage” ang tawag doon basta<br />
kinuha po nila<br />
sa Kidapawan ‘yung asawa niya at saka ‘yung dalawang anak at dinala dito sa Quezon City,<br />
diyan sa…(pages 3-4, V-1, 10:44 a.m.; emphasis supplied)<br />
SEN. LIM. Sinabi ba ni Technical Sergeant Vidal Doble na siya talaga ang nag-wiretap?<br />
MS. SANTOS.Opo.” (Marieta Santos, t.s.n., Senate Committee on National Defense and<br />
Security, December 8, 2005, pp. 4-7, IV-1; emphasis supplied)<br />
136
-- Marieta Santos likewise testified in the Senate on further details of the<br />
progeny of the Garci Tapes<br />
February 24, 2006 –<br />
o Presidential Proclamation 1017 issued;<br />
o the offices of The Daily Tribune and of Abante and Abante<br />
Tonight were raided; materials were seized; a PNP team was<br />
posted in the premises of Tribune 54 ;<br />
o the military deployed troops to the compounds of TV networks<br />
ABS-CBN and GMA 7 55<br />
o Chief of Staff Michael Defensor announced that media<br />
organizations face risks of being taken over by the government,<br />
saying: “[Closing down a media outfit] depends on how it (an<br />
interview) will be carried out. We hope at this point there will be no<br />
interviews that will be put out relating to the extreme Right and Left<br />
in the present situation.” 56<br />
o Hours after Ms Arroyo’s declaration, “Ngayon na Bayan!” lost its<br />
block time on dzRJ.<br />
o EDSA rally dispersed; Ayala p.m. rally dispersed in the evening<br />
o DOJ filed non-bailable charges of coup d’etat vs. Honasan, et al.<br />
o PNP SAF chief Chief Supt. Marcelino Franco placed under house<br />
arrest; three others – Senior Supt. Benjamin Magalong, Chief Insp.<br />
Ericson Dilag, and Insp. Ryan Paloma -- were placed under<br />
“restrictive custody” <strong>for</strong> alleged participation in an attempted coup<br />
d’etat<br />
February 25, 2006 – Rep. Crispin Beltran was arrested in Bulacan<br />
February 26, 2006 – a six-hour Marine stand-off transpired at Fort Bonifacio,<br />
resulting from the relief of Marine General Renato Miranda following the<br />
decision of his subordinate Marine Col. Ariel Querubin (together with First<br />
Scout Rangers Gen. Danilo Lim) to join EDSA 1 street protest marches<br />
“Hordes of civilians tried to join the crowd, but were kept at bay by<br />
antiriot members of the National Capital Region Command and Southern<br />
Police District who set up barricades on Lawton Avenue fronting the<br />
Marine headquarters.<br />
Former President Corazon Aquino herself was stopped at Gate 3 of<br />
Fort Bonifacio on Pasong Tamo Extension, some 300 meters from Gates 7<br />
and 8 of the Marine headquarters, on orders of PNP Director Vidal Querol.”<br />
54<br />
55<br />
56<br />
“Tribune seeks high court’s intervention,” PDI, February 28, 2006, second Frontpage<br />
“Tighening The Screws,” Cyril L. Bonabente, PDI Research, PDI-Opinion, March 19, 2006, pA14<br />
ibid.<br />
137
During the standoff, Presidential Chief of Staff Michael Defensor calls <strong>for</strong> a<br />
news blackout. 57 (emphasis supplied)<br />
February 27, 2006 – Makati RTC Judge Cesar Santamaria issued the warrants of<br />
arrest <strong>for</strong> <strong>for</strong>mer Army Colonel Honasan and 5 others <strong>for</strong> coup d’etat charges in<br />
connection witih the July 27, 2003 Oakwood Mutiny<br />
-- Rep. Joel Virador was arrested in Davao<br />
February 28, 2006 – US Assistant Secretary of State Christopher Hill met with<br />
President Arroyo 58<br />
March 2, 2006 –<br />
-- Drilon was ousted as Liberal Party President at the Manila Hotel, after which<br />
session President Arroyo showed up and congratulated Manila Mayor<br />
Lito Atienza, who was elected Liberal Party President, and Mike Defensor,<br />
who was elected chairman<br />
-- in an ambush interview by Marie Peña Ruiz of Radyo ng Bayan, Justice<br />
Secretary Raul Gonzalez admitted that –<br />
the root of the present crisis is the Garci Tapes, which cast doubt<br />
on the legitimacy of the President; there<strong>for</strong>e, the challenge is<br />
<strong>for</strong> all tapes to be submitted, and <strong>for</strong> all groups who submitted to<br />
agree that the tapes be submitted <strong>for</strong> study by experts whether in<br />
US, Australia, Japan, Russia, etc. and be bound by the results;<br />
and that Garcillano’s word/testimony on the matter will be<br />
useless because his credibility is shot.<br />
-- UP conducted a black-band demonstration-cum-noise barrage<br />
-- PNP Chief denies take-over of Tribune, “appeals” <strong>for</strong> self-censorship<br />
March 3, 2006 – Presidential Proclamation 1017 is lifted<br />
-- big coalition of lawyers (Concernd Lawyers <strong>for</strong> Civil Liberties) hold march<br />
from the IBP national office to the Edsa Shrine<br />
-- DOJ filed rebellion charges against Anak-Pawis Party-list Representative<br />
Crispin Beltran and Army 1 st Lieutenant, Lawrence San Juan (<strong>for</strong> San<br />
Juan, re the July 27, 2003 coup d’etat)<br />
-- March 16, 2006 – Comelec Chairman Benjamin Abalos said he had ordered the<br />
poll body's law department to investigate the alleged fabrication and<br />
57<br />
ibid.<br />
58<br />
“Senior US diplomat sees GMA, also meets FVR, Cory,” Volt Contreras, PDI Frontpage, March 3, 2006, pp. A1 &<br />
A6<br />
138
switching of election returns in the 2004 election that was reported by<br />
Newsbreak magazine<br />
In a phone interview with INQ7.net, Abalos said the investigation was<br />
to determine culpability, “if any,” of <strong>for</strong>mer poll official Roque Bello,<br />
who allegedly fabricated 60,000 election returns on the Christmas<br />
week of 2004 so that their figures would match those in the<br />
certificates of canvass allegedly manufactured by <strong>for</strong>mer election<br />
commissioner Virgilio Garcillano. 59<br />
March 17, 2006 – Former Social Welfare Secretary Corazon “Dinky”<br />
Soliman was arrested by Manila police. As soon as a group of 22,<br />
including a three-year old child (the group belonging to the Black-and-<br />
White Movement, including Dinky Soliman, some of them wearing black<br />
t-shirts w/ the sign “Patalsikin na. Now na.”), stepped out of the<br />
Aristocrat Restaurant, a group of about 50 policemen blocked them,<br />
demanding that they present a rally permit be<strong>for</strong>e they are permitted to<br />
cross Roxas Boulevard toward Baywalk. The group argued that they had<br />
no placards or streamers or any sound system, not even a bullhorn. The<br />
police insisted that the presence of media people was “proof” of a planned<br />
protest action, objecting too at the t-shirts. They were brought to Manila<br />
Police headquarters along UN Avenue where they were joined by the<br />
other “Baywalkers.” It took the police more than three hours to<br />
prepare the affidavit of arrest, charging them <strong>for</strong> violation of what<br />
Sec. Raul Gonzalez later said were three laws, including “illegal<br />
assembly.” But the inquest fiscal decided to release them. 60<br />
March 24, 2006 – Representatives Teofisto Guingona III, Joel Villanueva and Alan<br />
Peter Cayetano and Senator Panfilo Lacson file charges of perjury and<br />
falsification of documents against Garcillano with the Department of<br />
Justice based on the Bangko Sentral ng Pilipinas certification dated March<br />
10, 2006 that the passport submitted by Garcillano to the HOR had<br />
“irregularities” and was not “up to standard”<br />
March 27, 2006 - Jonathan Tiongco filed the libel suit be<strong>for</strong>e the Quezon City<br />
Prosecutor's Office on Monday against print and broadcast journalists from the<br />
<strong>Philippine</strong> <strong>Center</strong> <strong>for</strong> <strong>Investigative</strong> <strong>Journalism</strong>, <strong>Philippine</strong> Daily Inquirer, Manila<br />
59<br />
“`I have instructed the law department this morning to call Newsbreak and ask them to produce the<br />
pieces of evidence that would help us conduct an investigation on the criminal offense of election fraud<br />
against Bello. I am also calling on Newsbreak to give us these evidence as soon as possible to speed things<br />
up,’ Abalos said.” (“Abalos orders probe of ballot switching claim in 2004 polls,” Veronica Uy,<br />
http://news.inq7.net/breaking/index.php?index=1&storyid=69596, First posted 02:35pm (Mla time) Mar 16,<br />
2006)<br />
60<br />
“More on the Baywalkers,” Rina Jimenez-David, PDI, p. A9 (quoting Vicente “Enteng” Romano, another leader of<br />
the Black-and-White Movement). Three officials of the Commission on Human Rights – Wilhelm Soriano, Elidio<br />
Mallare and Quintin Cueto – have taken the position that the arrest <strong>for</strong> illegal assembly was out of order. (“Cops<br />
violated Dinky’s rights, CHR execs say,” Norman Bordadora, Christine O. Avendaño and Margaux C. Ortiz, PDI,<br />
March 21, 2006, p. A1)<br />
139
Times, and ABS-CBN. Tiongco said the Coronels' allegations that he was<br />
harassing the PCIJ by applying <strong>for</strong> a search warrant defamed him.<br />
To our mind and, we believe, to the mind of the ordinary reasonable Filipino,<br />
the <strong>for</strong>egoing is a clear picture of ef<strong>for</strong>ts to deceive and mislead, to confuse and divert<br />
focus from, to suppress and to cover-up, the truth.<br />
The scenario of possible and probable electoral fraud, in particular, provokes<br />
question after question in the consciousness of the citizenry and yet, as many an<br />
analyst, journalist and commentator has observed, the responses of the<br />
administration have not only failed to persuade, but have in fact confirmed its<br />
desperate desideratum, i.e., suppression of the truth by substitution of untruths, and<br />
in the face of its non-acceptance by the public, outright repression of the freedoms of<br />
inquiry and protest at the expense of the <strong>Philippine</strong> Constitution.<br />
III. The Electioneering<br />
A. The Use of OWWA funds <strong>for</strong> PhilHealth<br />
cards to favor President Arroyo’s<br />
campaign during the 2004 Elections<br />
Appearing be<strong>for</strong>e the CCTA on November 16, 2006, Margaritha Santiago,<br />
Secretary General of MIGRANTE International, testified that President Arroyo<br />
unlawfully used the proceeds of OWWA funds in several ways, the worst being its use<br />
<strong>for</strong> electioneering purposes through PhilHealth cards issued to promote her image<br />
during the 2004 elections, and presented her affidavit dated November 16, 2005 and a<br />
power point slide presentation in support thereof.<br />
She stated in her said affidavit as follows:<br />
“MIGRANTE International … (is) a progressive alliance of Filipino migrant<br />
organizations in 22 countries …<br />
xxx xxx xxx<br />
There were 933,588 Filipino workers deployed in 2004. Government<br />
raked in a total of P16,734,564,900 from the fees charged from all these<br />
migrant workers. A migrant worker applicant pays an average of P<br />
17,925 in government fees in applying <strong>for</strong> work abroad. This does not<br />
include the astronomical charges of recruitment and manning agencies.<br />
We migrant workers also pay OWWA membership fee of US$25 per<br />
contract and P900 in OWWA-Medicare contributions be<strong>for</strong>e we leave the<br />
country. This denotes that in 2004, the OWWA raked in US$23,339,700<br />
(P1,237,004,100) in membership fees, and P840,229,200 in Medicare<br />
contributions from the 933,588 workers deployed.<br />
This shows that OWWA annually gets fresh direct revenue from migrant<br />
140
workers and these funds have accumulated to as much as P6 billion as<br />
of 2003.<br />
Government has periodically raided migrant workers’ funds held in trust<br />
at the Overseas Workers Welfare Administration (OWWA) <strong>for</strong> initiatives<br />
that have never benefited migrant workers and their families. The funds<br />
are sourced from the US$25 welfare fund contribution paid by every<br />
migrant worker on a per contract basis, the yearly contribution of P900<br />
Medicare Fund and from the interest income of OWWA investments.<br />
Arroyo had her henchmen in the labor portfolio indefinitely suspend<br />
the OWWA General~Financial Assistance Program (GFAP) to migrant<br />
workers and their families on July 1, 2003. This resulted in the<br />
denial of medical, livelihood and other <strong>for</strong>ms of assistance to<br />
migrant workers and their families.<br />
xxx xxx xxx<br />
Arroyo also ordered the Department of Foreign Affairs on March<br />
12,2003 to charge OWWA US$293,500 (P11,407,500) to cover the<br />
<strong>Philippine</strong> government’s so-called preparations <strong>for</strong> a massive evacuation<br />
of Filipinos in the then impending US invasion of Iraq. This was<br />
evidenced by her handwritten ‘OK charge to OWWA’ note on the<br />
memo diverting the funds attached as Annex “A”. The funds were<br />
released. There was no evacuation but where is the money?<br />
Arroyo also transferred from the P100 million Livelihood Development<br />
Program <strong>for</strong> migrant workers from the OWWA to the National Livelihood<br />
Support Fund under the Office of the President in September 2003. The<br />
diversion of this program and its funds gave her the free hand to decide<br />
as to what projects she would do and where they would be allotted. This<br />
also did not benefit migrant workers. Labor Secretary Patricia Sto.<br />
Tomas and <strong>for</strong>mer OWWA Administrator Virgilio Angelo, at the behest of<br />
Arroyo, also exposed but could not explain an anomaly involving fake<br />
OWWA Medicare claimants amounting to P10 million.<br />
Also, a P1 million fund release dated December 30, 2003 was given to the<br />
Classroom (Galing sa Mamamayang Pilipino sa Abroad (CGMA) project,<br />
with most expenses earmarked <strong>for</strong> ‘conferences, promotional materials,<br />
communication and transportation costs.’<br />
In January 16,2004, the OWWA Board of Trustees decided that ‘No<br />
medical reimbursements are allowed. Anybody who does this again is<br />
subject to disciplinary action’ as stated in the Summary of Board<br />
Instructions attached as Annex “B”.<br />
In fact, at least 461 migrant workers who either had medical<br />
reimbursements or checks <strong>for</strong> pick up that were rendered ‘pending’ by<br />
the OWWA.” (emphasis supplied)<br />
But the worst scheme exposed by Santiago be<strong>for</strong>e the CCTA was the transfer of<br />
141
OWWA funds, specifically its Medicare funds, to the <strong>Philippine</strong> Health Insurance<br />
Corporation (or “PhilHealth”) to facilitate creation and distribution, <strong>for</strong> the 2004<br />
election campaign of President Arroyo, of PhilHealth cards bearing her photograph,<br />
bigger than that of the card-owner, her initials GMA, and the tag-line “President<br />
GLORIA.” 61<br />
.<br />
Santiago continued to state in her affidavit:<br />
“Migrante International believes that Gloria Macapagal-Arroyo<br />
committed electoral fraud by intending, facilitating and ordering the<br />
diversion of migrant workers’ trust funds from the OWWA to finance<br />
her campaign machinery starting 2003.<br />
Arroyo used PhilHealth cards as election campaign materials to<br />
cheat in the 2004 elections. She issued to voters be<strong>for</strong>e and during<br />
the official campaign period, PhilHealth cards bearing her name and<br />
picture. By placing her picture and name in the PhilHealth cards,<br />
she trans<strong>for</strong>med the said cards, which previously did not contain<br />
the name or face of any public official into a prohibited campaign<br />
material using public funds.<br />
The intent to commit a grave anomaly to aid Gloria’s election bid<br />
was hatched by <strong>for</strong>mer <strong>Philippine</strong> Health Insurance Corporation<br />
(PhilHealth) president and now Health Secretary Francisco Duque<br />
III.<br />
Dr. Duque, based on his Memorandum to the President dated<br />
November 20, 2002 told Arroyo that “It is respectfully requested<br />
that the Proposed Executive Order (EO) be approved by Her<br />
Excellency be<strong>for</strong>e the year ends. The Proposed transfer will have a<br />
significant bearing on 2004 elections and on the President’s desire to<br />
provide health insurance to 8M indigents by end of 2003.” (Annex “C”). 62<br />
Duque is known to be a close Arroyo ally, a long-time friend of the First<br />
Family and their neighbor at La Vista in Quezon City.<br />
61<br />
The old PhilHealth cards did not contain any picture of any public official.<br />
62<br />
Exhibit EF-Philhealth-Santiago (Migrante)-“E.” The intent to electioneer is clearer when the pertinent paragraph in<br />
the latter exhibit is completed, as follows:<br />
“PHIC will need a reasonable lead time to ensure smooth turnover of OWWA medicare to<br />
PHIC and manage some resistance from certain quarters which will be affected by the<br />
change. It is respectfully requested that the proposed Executive Order (EO) be approved by her<br />
excellency be<strong>for</strong>e the year ends. The proposed transfer will have a significant bearing on<br />
2004 elections and on the President’s desire to provide health insurance to 8M indigents by end of<br />
2003. I will be available to explain in greater detail the far reaching political implications of<br />
the transfer. May I ask that we meet personally? My direct line is 0917 813 2072 or 618 1684.”<br />
(emphasis supplied)<br />
142
The Medicare Fund is a trust fund as are all funds at the OWWA. The<br />
OFW-Medicare fund is taken from the annual contributions of P900 from<br />
each migrant worker. The fund is intended <strong>for</strong> the medical needs of<br />
OFWs and their identified dependents/beneficiaries only.<br />
Three months later in February 14, 2003, Arroyo signed Executive<br />
Order 182 that transfers all the Medicare functions and funds from<br />
the OWWA to PhilHealth (Annex “D”).<br />
The said executive order was kept a closely-guarded secret by<br />
Malacañang until its discovery by MIGRANTE International in June<br />
2003.<br />
xxx xxx xxx<br />
In a <strong>for</strong>um held on July 6, 2003 (in) which our Chair Connie Bragas-<br />
Regalado at the <strong>Philippine</strong> Consulate in Hong Kong (attended), Duque<br />
admitted that effecting the transfer without consulting the<br />
stakeholders of the trust fund is an ‘oversight.’<br />
She (Regalado) asked not only once, but thrice, be<strong>for</strong>e he explained<br />
what he meant by ‘The proposed transfer will have a significant<br />
bearing on 2004 elections...’ in his November 20, 2002 Memo <strong>for</strong> the<br />
President. He replied that he ‘just wanted to build up the name of<br />
the President’ to the 8 million indigents — which they think are<br />
possible voters.<br />
xxx xxx xxx<br />
Despite <strong>for</strong>mal petitions and protests from OFWs and their families<br />
and pending investigations at the House of Representatives, OWWA<br />
Board Resolution No. 005 (s. 2004) dated February 2, 2004, attached<br />
as Annex “E” proves that the transfer of OWWA Medicare funds to<br />
PhilHealth was being railroaded by Arroyo appointees in the labor<br />
portfolio.<br />
In a press statement dated 15 March 2004 attached as Annex “F”, Hon.<br />
Corazon P. Carsola, the only Land-based migrant workers’<br />
Representative in the OWWA Board of Trustees Overseas said that ‘since<br />
the start, I have always been against the transfer of the Medicare<br />
Fund, to PhilHealth. I feared that transferring the fund to a businessoriented<br />
entity such as the PhilHealth will in the long run prove<br />
detrimental to the future of medical services to OFWs. I have always<br />
stood by the position that the OFW Medicare Fund must remain as a<br />
separate fund to answer the needs of OFWs and their families. Also,<br />
I feared <strong>for</strong> the livelihood of employees of the OWWA Medicare who may<br />
lose their jobs if it is dissolved and its operations are moved to<br />
PhilHealth.’<br />
xxx xxx xxx<br />
‘In June 2003, I myself was shocked to learn of the existence of<br />
Executive Order 182 signed by Arroyo dated February 14, 2003 that<br />
ordered the transfer. I was shocked <strong>for</strong> I was still with the<br />
knowledge that the issue of the transfer remains unsettled with the<br />
143
Board of Trustees.... I give my appreciation to all migrant groups who<br />
swiftly acted and immediately opposed EO 182. I give my thanks to the<br />
groups who still stand against the transfer of the Medicare Fund to<br />
PhilHealth.’<br />
In the House of Representatives various legislators filed many<br />
Resolutions requesting to recall E.O. 182 (HR No. 03), investigate<br />
the use of OWWA funds (HR Nos. 04, 28 and 33) and annul OWWA<br />
Board Resolution No. 005 (HR No. 552). These Resolutions were<br />
fully supported by migrant workers and their families. These<br />
resolutions were blocked by Arroyo allies in Congress.<br />
Eventually E.O. 182 was amended by Arroyo with E.O. 392 that in effect<br />
transferred P530,382,446 of migrant workers’ health care funds from<br />
OWWA to PhilHealth in April 2005 - or after the elections.<br />
A few months be<strong>for</strong>e the 90-day campaign period <strong>for</strong> the 2004<br />
elections, PhilHealth cards with the photograph of Arroyo were<br />
already being distributed in select locations across the country. Arroyo<br />
was essentially able to start her campaign much earlier than all<br />
other candidates with the distribution of these ‘President Gloria’<br />
Philhealth cards (Annex “C”).<br />
The old PhilHealth cards attached as Annex “H” did not have any picture<br />
of any picture of any politician.<br />
xxx xxx xxx<br />
Beside the Arroyo photograph is the acronym GMA, <strong>for</strong> ‘Greater Medical<br />
Access’ and ‘President Gloria.’ At the bottom portion of the card is the<br />
slogan, ‘GMA para sa masa, para sa lahat’ (GMA <strong>for</strong> the masses, GMA <strong>for</strong><br />
all).<br />
xxx xxx xxx<br />
The distribution of modified PhilHealth cards with Arroyo’s picture that is<br />
even bigger than that of the cardholder and with the ‘President GLORIA’<br />
tag line increased during the first four (4) months of 2004.<br />
These PhilHealth cards were to be distributed to five million families in<br />
time <strong>for</strong> the Arroyo’s birthday on April 6 (Annex “J”).<br />
In January 2004, about 4,208 cards were doled out in Sultan Kudarat<br />
and another 1,008 cards in North Cotabato (Annex “K”).<br />
In February 2, 2004 the national opening salvo of PhilHealth card<br />
distribution was held simultaneously in Davao, Cebu, the National<br />
Capital Region and the Cordillera Administrative Region (CAR).<br />
Among the areas where Arroyo or her high officials distributed these<br />
cards were at the regional convention of barangay officials at the Expo<br />
Filipino complex in Subic on March 10, 2004 where she distributed more<br />
than 240,000 Philhealth cards to barangay captains, councilors,<br />
Sangguniang Kabataan officers and barangay tanods in Central Luzon<br />
144
(Annex “L”).<br />
In the March-April 2004 period, 59,765, PhilHealth cards were<br />
distributed to individuals in Abra, Kalinga, Apayao, Ifugao, Mt. Province<br />
and Benguet (Annex “M”).<br />
On April 20, 2004 President Arroyo vowed to complete the universal<br />
health insurance coverage of Filipinos with a four-point health agenda<br />
after she wins a fresh six-year mandate on May 10.<br />
Speaking at a campaign rally at Southern Luzon Polytechnic College in<br />
Lucban, Quezon, Mrs. Arroyo said she had already given out health<br />
cards from the <strong>Philippine</strong> Health Insurance Corp. (PhilHealth) to 26<br />
million Filipino families. Arroyo, her vice presidential running mate Sen.<br />
Noli de Castro and Health Secretary Manuel Dayrit distributed Philhealth<br />
cards to residents of Lucban (Annex “N”).<br />
On March 16, 2004, 11,583 cards were distributed to Cebu City north<br />
district residents while 5,124 Cebu City south district got their cards the<br />
next day, March 17. Some 300 cards were given to barangay workers in<br />
Zamboanga City on. March 18 (Annex “O”).<br />
No one — not even Duque and Arroyo — denies the PhilHealth cards,<br />
which give limited medical benefits valid <strong>for</strong> only one year, and carry the<br />
picture of Arroyo, are paid <strong>for</strong> by public and migrant workers’ funds.”<br />
Testifying be<strong>for</strong>e the CCTA, Ms. Santiago further stated:<br />
“MS. MARGARITHA SANTIAGO: So ito po yong presentation<br />
tungkol sa electoral fraud at yong Gloria PhilHealth Cards. Una, nais po<br />
naming i-explain na ang pondo po ng OWWA ay nanggagaling sa 3<br />
bagay. Una, nanggaling po ito sa 25 US $ o welfare fund contribution na<br />
binabayaran po ng bawat migrante kada kontrata. Ang …sa particular<br />
ng OWWA medicare fund ay nagmumula naman sa 900 pesos ng<br />
taunang kontribusyon sa mga OFWs para sa kanilang medicare.<br />
Makikita din po ng OWWA mula sa mga investments na ang kanyang<br />
ginagawa mula po dito sa mga contributions. Sang-ayon sa isang talaan,<br />
as of October 2004 aabot po ng mahigit na 6.2 billion pesos investment<br />
ng OWWA.<br />
Nong 2004, mayroong 933,588 OFWS na umalis ng bansa para<br />
magtrabaho. Batay po sa kanyang datus, if we multiply that by 25 US$<br />
merong pong P1,237,004,100 na pumasok po sa OWWA last year<br />
lamang. Sa ganyang datus din po meron din po tayong nakalkulang<br />
840,249,200.00 naman na pumasok mula sa pagbayad doon sa OWWA<br />
regular fund. Kumita din po mula sa mga investments.<br />
Saan naman po napupunta ang pondong ito?<br />
145
Sa karanasan at sa nakikita po ng MIGRANTE International ang<br />
mga bahagi ng pondong ito ay walang pasintabing ginastos ng<br />
gobyernong Arroyo sa mga sumusunod: Una, nagrelease po ang OWWA<br />
ng US$293,500 na nakita po namin doon sa written note mula kay<br />
Pangulong Arroyo para daw po ito sa isang massive evacuation ng mga<br />
OFWs noong March 2003 dahil daw po sa napipintong pag-invasion ng<br />
US sa Iraq ngunit wala naman pong malawakang evacuation na<br />
naganap. Ito po yong kopya ng isang memo na na pinadala ni Secretary<br />
Romulo kay Pangulong Arroyo na kung saan siya po ay humihingi ng<br />
293,500 dollars at makikita po natin yong handwritten instruction ni<br />
GMA para sa OWWA na kung saan ang nilagay niya ay ‘OK charge to<br />
OWWA’.<br />
Nagrelease din po noong December 30, 2003 ang OWWA ng 9<br />
million pesos para po sa isang programa ni Arroyo na ang tawag po ay<br />
“Classroom Galing sa Mamamayang Pilipino sa Abroad (CGMA) Project.<br />
Ito po ay pinapakita sa labas ng bansa bago mag-election at doon po sa<br />
video nagwawakas sa salita ‘Mabuhay si GMA’<br />
Naglipat din po ng 100 million pesos mula sa OWWA Livelihood<br />
Development Fund papunta sa National Livelihood Support Fund sa<br />
ilalim ng opisina ni Arroyo noong September 2003.<br />
Inaprubahan din po ng OWWA ang paglipat ng 530,382, 446<br />
pesos mula po sa OWWA Medicare fund papunta ng PhilHealth. Ito po ay<br />
sa pamamagitan ng paglabas ng … 5 Series 2004 na nilagdaan po ng<br />
Chair ng Board of Trustees ng OWWA na si DOLE Secretary Patricia Sto.<br />
Tomas.<br />
PAANO NAMAN PO GINAMIT NI ARROYO ANG PHILHEALTH<br />
CARDS NOONG NAKARAANG HALAAN.<br />
Noong Nov. 20 po, 2002, nagpadala po ng memo si Philhealth<br />
President Francisco Duque III kay Arroyo na kung saan meron po siyang<br />
sinubmit ng isang draft Proposed Executive Order. Si Francisco Duque<br />
po sa kasalukuyan ay nakatalaga na bilang Secretary of Health. Doon<br />
po sa Memo noong 2002, sinabi po ni Duque na the proposed transfer ng<br />
OWWA Medicare Fund to PhilHealth will have a significant bearing on<br />
2004 elections and on the President’s desire to provide health<br />
insurance by the end of 2003.<br />
xxx xxx xxx<br />
Ito naman po yung kopya ng Executive Order 182 na kung saan<br />
ay nanggaling sa PhilHealth. Itong Executive Order po ay nilagdaan ni<br />
Arroyo noong February 14, 2003 na sabi po niya ay transferring the …<br />
and the medicare functions to the OWWA to the PhilHealth Insurance<br />
Corporation …EO …August 13, 1994.<br />
Ito naman po ang kopya ng OWWA Board Resolution 005 Series<br />
2004, approving the transfer of P530,382.446.00 from the OWWA<br />
146
Medicare fund to the <strong>Philippine</strong> Health Insurance Corporation. Ang mga<br />
nakalagda po dito ay si Labor Secretary Sto. Tomas bilang Chair,<br />
nandiyan din po yong lagda ni OWWA Administrator …bilang Vice-Chair,<br />
andiyan din po ang mga lagda ng iba’t-ibang kinatawan ng Department<br />
of Budget and Management. Pero kapansin-pansin nga po na hindi ito<br />
…ni Binibining Carsola na siya po ang kinatawan ng land-based OFW.<br />
Sa isang press release po na na nilabas ni Binibining Carsola<br />
nong March 15, 2004, denetalye po niya na hindi po siya talaga naglagda<br />
dahil tinututulan po niya itong paglipat ng pondo dahil sa paniniwala na<br />
ang pera po ng mga migrante ay dapat manatili sa OWWA na kung saan<br />
siya po ay isang trust fund. Ngayon tingnan po natin ang PhilHealth<br />
cards. Ito po yong hitsura ng philhealth card noon. Ito rin naman po<br />
ang design ng PhilHealth card ngayon. Mas malaki po mapapansin natin<br />
yong litrato ni Arroyo sa likod kaysa sa may-ari ng card at meron pong 2<br />
pictures si Arroyo diyan: meron sa harap sa ibabaw ng picture ng mayari<br />
ng card at meron din po sa likod.<br />
Meron pong iba’t-ibang version itong PhilHealth card. Sa isang<br />
bersyon po ay may nakalagay sa tabi ni Arroyo actually GMA na ang ibig<br />
sabihin po ‘Greater Medical Access’ at sa baba po nito ay ang slogan na<br />
‘GMA para sa masa, para sa lahat’<br />
Batay po sa mga ulat na nakalap namin mula sa media report,<br />
nakita po natin na nagmudmod si Arroyo ng mga PhilHealth cards sa<br />
buong Pilipinas noong panahon ng kampanya mula po sa Sultan<br />
Kudarat, nong January 2004, namigay po siya ng 4,208 cards; North<br />
Cotabato, 1,008 cards; Central Luzon 240,000; sa Cagayan, 29,765; sa<br />
Cebu City naman po 11,583 at sa Zamboanga 300 mula sa January<br />
hanggang March 2004.<br />
Inilabas din po sa isang pahayagan noong April 31, 2004 sa …<br />
Lucban, Quezon pinapalabas ni Arroyo na nakapamahagi na daw po siya<br />
ng Philhealth cards sa 26 milyon pamilya sa buong bansa.<br />
xxx xxx xxx<br />
MS. ANA MARIA NEMENZO: May itatanong lang ako. Naglalabas pa<br />
ba ng PhilHealth cards na mayroong litrato ni GMA?<br />
MS. MARGARITHA SANTIAGO: Wala po ako… ah …sa pagkakaalam<br />
ko, wala po kaming alam na may mga bagong cards na inissue.<br />
Ang alam po namin batay sa mga ulat sa media ay after 1 year<br />
hindi na po valid itong PhilHealth cards na pinamigay noong<br />
panahon ng election. (emphasis supplied)<br />
MS. ANA MARIA NEMENZO: Samakatuwid talagang wala na noon lang<br />
sa period ng election at hindi na nasundan pa.<br />
MS. MARGARITHA SANTIAGO: Opo, sa kalakhan mukhang yan po ang<br />
naganap.”<br />
147
We believe that the official documents, together with the testimony of Santiago<br />
and the statement of OWWA Trustee Carsola, sufficiently demonstrate the connivance<br />
that made possible the huge plunder of OWWA public funds. And we find it<br />
un<strong>for</strong>giveable that while our OFWs are hailed as “heroes,” and rightfully so as they<br />
keep the country afloat with earnings squeezed from their sweat and tears, President<br />
Arroyo and Secretary Duque made of them the most pitiful of victims as their earnings<br />
were siphoned off, away from their needs, and diverted instead to the cause of<br />
electioneering.<br />
B. The use of the Ginintuang Masaganang Ani<br />
fertilizer funds <strong>for</strong> electioneering purposes<br />
in favor of President Arroyo in the 2004 elections<br />
Atty. Francisco Chavez, Kilusang Magbubukid ng Pilipinas Secretary-General<br />
Danilo Ramos, Rep. Rodolfo Plaza, and Rep. Alan Peter Cayetano testified be<strong>for</strong>e the<br />
CCTA to affirm, <strong>for</strong> the most part on the basis of public documents, the particulars of<br />
how billions in Ginintuang Masaganang Ani public funds intended <strong>for</strong> the benefit of<br />
farmers, by way of fertilizers and other farm inputs, had likewise been plundered and<br />
utilized to bankroll President Arroyo’s campaign during the 2004 elections through<br />
allied Congressmen, governors and mayors.<br />
Atty. Chavez and Mr. Ramos also testified be<strong>for</strong>e the joint hearings of the<br />
Senate Committee on Agriculture and Food and on Accountability of Public Officers<br />
and Investigations (Blue Ribbon), together with many other witnesses from both the<br />
public and private business and agriculture sectors, including the Commission on<br />
Audit (“COA”), Department of Budget and Management (“DBM”), and Department of<br />
Agriculture (“DA”). Several provided crucial official documents. The Senate<br />
Committee Report No. 54 resulting from the legislative inquiry succinctly summarizes<br />
the breadth and depth of this particular exercise in electoral corruption utilized just<br />
immediately be<strong>for</strong>e the 2004 presidential contest.<br />
We quote the most telling excerpts 63 :<br />
“The Committees on Agriculture and Food and Accountability of Public<br />
Officers and Investigations (Blue Ribbon) have conducted an inquiry, in<br />
aid of legislation, into P. S. Resolution 327 by Senator Magsaysay, Jr.<br />
Six (6) public hearings and a series of dialogues with farmer<br />
organizations have been conducted. A substantial number of witnesses<br />
appeared, braving the threats on their lives … [For the hearing of]<br />
December 12, 2005 … Undersecretary Jocelyn Bolante was invited as<br />
lone resource person but he fled the same morning <strong>for</strong> the United<br />
States of America, evading the Senate hearing …”<br />
xxx xxx xxx<br />
63<br />
footnotes omitted<br />
148
The story of one is the story of all. This old saying remains to be true <strong>for</strong><br />
Carmen Buena, a 60-year-old mother and farmer from Sta. Ana,<br />
Pampanga, and head of the women farmers’ group called Amihan.<br />
“Mahirap ang buhay magsasaka. Sa bukid, iwan at datnan ka ng araw at<br />
ulan. Di tulad ng ibang empleyado, may mga benepisyo. Kaming mga<br />
magsasaka, talagang wala, kundi sakit sa baga o di kaya rayuma. May<br />
pagkakataon pa ngang inaalipunga ang aking suso sa maghapong<br />
pagkababad sa putikan kapag nagtatanim,” said Buena3 whose tale of<br />
hardship as a farmer is shared by many in the agriculture sector.<br />
“Mahirap ang buhay magsasaka. Hindi talaga kasya ang kinikita kung<br />
susumahin mo.” The mother of five revealed that during the harvest<br />
season, they usually produce 160 cavans of rice sold <strong>for</strong> a little more<br />
than Php 54,000.00. Of this amount, Php 6,750.00 goes to the so-called<br />
thresher; Php 36,250.00 goes to loan payments <strong>for</strong> farm inputs and the<br />
remaining Php 11,010.00 is to be shared by the landowner and the<br />
family who tilled the land. What is left to the hapless farmer is a<br />
meager P 5,050.00, which when computed against the length of time <strong>for</strong><br />
rice production (usually four months), gives him a net income of Php<br />
1,376.00 a month or Php 45.87 a day. It is unimaginable how a family<br />
of five (5) to seven (7), which is the size of a normal agricultural<br />
family, can subsist on such a miserable income.<br />
xxx xxx xxx<br />
In some countries, the farmers are among the wealthiest and most<br />
prolific. Sadly in the <strong>Philippine</strong>s, our farmers can hardly put enough<br />
food on their table, and are in fact at the bottom of the social and<br />
economic strata. Aggravating their situation is the systemic<br />
corruption perpetuated by a few unscrupulous people in<br />
government, who have the temerity to rob them of the little<br />
assistance earmarked <strong>for</strong> them. It is ironic that our principal suppliers<br />
of food have been reduced to becoming the principal victims of hunger.<br />
We must put a stop to this injustice.<br />
xxx xxx xxx<br />
The PhP728 Million GMA Rice and Corn Funds:<br />
FERTILIZER FUNDS SUPPOSEDLY FOR FARMERS<br />
The Php 728 million fertilizer fund inquiry commenced when the<br />
farmers started to look <strong>for</strong> the fertilizer and other farm implements<br />
subsidy and found none.<br />
xxx xxx xxx<br />
The following are the factual backdrop of the Php 728 fertilizer fund,<br />
per the testimony of <strong>for</strong>mer Department of Budget and Management<br />
Secretary Emilia Boncodin15:<br />
One. The DBM released the amount of Php 728 million <strong>for</strong> the<br />
purchase of farm inputs to the Department of Agriculture, Office of<br />
the Secretary, under Special Allotment Release Order or SARO<br />
under E-01-00164, dated February 3, 2004. This release was charged<br />
149
against the Agriculture and Fisheries Modernization Program (AFMA) as<br />
a continuing appropriation under Republic Act No. 9206.<br />
Two. On the same day, DBM released the amount of Php 291.2 million to<br />
the Land Bank of the <strong>Philippine</strong>s <strong>for</strong> the account of the Department of<br />
Agriculture, Office of the Secretary. This amount of Php 291.2 million<br />
represents <strong>for</strong>ty percent (40 %) of the allotment released under the<br />
AFMA.<br />
Three. The releases were made by the DBM upon the request of the<br />
Department of Agriculture based on a <strong>for</strong>mal request submitted to the<br />
DBM. In that request, the attachment that is reflected as Annex A<br />
of the SARO was incorporated and that same schedule or<br />
attachment contains a listing of 105 congressional districts, 53<br />
provinces and 23 municipalities.<br />
Four. Subsequent releases <strong>for</strong> the NCA were made also upon the request<br />
of the Department of Agriculture either as a separate NCA or as part of<br />
the common fund that is usually authorized the agencies on a regular<br />
basis.<br />
Five. The release made by the DBM was <strong>for</strong> farm inputs which could<br />
incorporate fertilizers, seeds and even insecticides. But the actual<br />
purpose <strong>for</strong> which the same will be used will depend on the<br />
Department of Agriculture.<br />
Six16. In the case of the Php 728 fertilizer fund, the request <strong>for</strong> release<br />
was made by Undersecretary Jocelyn Isada Bolante. Accordingly, from<br />
the time of Secretary Montemayor, Undersecretary Bolante has been<br />
given the authority to make request in behalf of the Secretary of<br />
Agriculture and has never been revoked up to the time of Secretary Luis<br />
Lorenzo.<br />
Lastly, when asked if the fertilizer fund request made by<br />
Undersecretary Bolante <strong>for</strong> the Department of Agriculture was upon<br />
the instruction of the President, Secretary Boncodin replied with “I<br />
would imagine so.”17<br />
The Php 728 million Fund is just a Portion of a<br />
Larger Fertilizer Fund Released during the Elections of 2004<br />
The Php 728 million fertilizer fund is just part and parcel of the<br />
huge fund releases to the Department of Agriculture totaling Php<br />
2.806 billion intended <strong>for</strong> the purchase of farm inputs and implements<br />
in 2004, all made just be<strong>for</strong>e the May 10, 2004 elections.<br />
150
Its breakdown is as follows:<br />
Nature of<br />
Fund/Program<br />
SARO Number and Date<br />
Amount<br />
GMA Farm Inputs and<br />
Implements<br />
E-04-0014 February 3, 2004 Php 728 million<br />
GMA Rice and Corn and<br />
E-04-<br />
00294<br />
February 11, 2004 Php 1.102 billion<br />
Marcos Wealth <strong>for</strong> CARP<br />
GMA Rice Program And<br />
Fertilizer Procurement<br />
And Distribution<br />
Component<br />
TOTAL<br />
2.806 billion<br />
(emphasis supplied)<br />
E-04-<br />
01090<br />
April 28, 2004<br />
From Agency Budget Matrix<br />
(regular budget)<br />
Php 544 million<br />
Php 432 million<br />
Php<br />
The Commission on Audit (COA) Briefer submitted to the Senate more<br />
completely shows as follows –<br />
“COA NGS – Cluster VI<br />
Breakdown of DA Funds totaling P2.806 billion<br />
Name of<br />
Fund/Progr<br />
am<br />
GMA Farm<br />
Inputs &<br />
Implements<br />
SARO<br />
No. &<br />
Date<br />
E-04-<br />
00164<br />
February<br />
3, 2004<br />
Amount<br />
P728<br />
million<br />
Distribut<br />
ed<br />
P 723<br />
million<br />
Implementers*<br />
LGUs P 91.1<br />
M<br />
NGOs 371.4<br />
M<br />
Suppliers 152.5<br />
M<br />
Total<br />
P615.0M**<br />
Remarks<br />
Out of P 728M,<br />
only P723 M was<br />
released by<br />
DBM, and P615<br />
million was<br />
verified as<br />
transferred by<br />
RFUs<br />
GMA rice &<br />
Corn and<br />
Livestock<br />
Programs<br />
E-04-<br />
00294<br />
February<br />
P 1.102<br />
billion<br />
P 1.102<br />
billion<br />
DA-RFUs<br />
MOE :<br />
R & C<br />
P 767,948<br />
Allocated as<br />
regular<br />
allotment of DA-<br />
RFUs<br />
151
11, 2004 Livestock<br />
315,166<br />
CO-Livestock<br />
19,277<br />
Total<br />
P1,102,391<br />
Marcos<br />
Wealth <strong>for</strong><br />
CARP<br />
E-04-<br />
01090<br />
April 28,<br />
2004<br />
P544<br />
million<br />
P 394<br />
million<br />
P 100<br />
million<br />
Phil. Rice<br />
Research<br />
Institute<br />
DA-FRUs- w/<br />
unreleased<br />
balance of P 2.4<br />
million<br />
Liquidation/<br />
Balance<br />
P 355M<br />
P 39M<br />
P 88.7M<br />
P 9.9M<br />
50<br />
million<br />
Still with DAR <strong>for</strong><br />
CO<br />
P 544<br />
million<br />
GMA Rice<br />
Program-<br />
Fertilizer<br />
Procurement<br />
&<br />
Distribution<br />
Component<br />
Fr.<br />
Agency<br />
Budget<br />
Matrix<br />
(GAA)<br />
P 432<br />
million<br />
Total P 2.806<br />
billion<br />
P 200<br />
million<br />
NFA<br />
Only P 200 M<br />
was<br />
given to NFA<br />
under Check<br />
#224686-<br />
5/21/03<br />
Amount<br />
liquidated<br />
As of 9/30/05 is<br />
P28.5 M leaving<br />
a<br />
balance of<br />
P171.5 M<br />
*Proponents:<br />
110 Congressmen<br />
50 Governors<br />
26 Mayors<br />
186 Total<br />
**Excluding amount of P49 million allocated to Region VIII – without<br />
report due to fire incident”] (emphasis supplied)<br />
152
The Mechanics of the Fertilizer Fund Scam<br />
Lawyer Francisco Chavez testified that the fertilizer fund is a modus<br />
operandi that involves a ranking official in the DA who is linked to Mrs.<br />
Gloria Macapagal Arroyo’s husband, Jose Miguel Arroyo. This official<br />
deployed runners whose job was to approach local government officials<br />
and extract a commitment from these officials to purchase fertilizers in<br />
liquid state from them.<br />
Essentially, the sharing system in the fertilizer fund scam is as<br />
follows: 25% <strong>for</strong> the DA official (referring to Mr. Jocelyn Bolante); 30% <strong>for</strong><br />
the mayors, governors and congressmen concerned; 20% <strong>for</strong> the supplier<br />
of the farm inputs, and 25% <strong>for</strong> the DA official runners.<br />
Witness Jose Barredo, who admitted to being one of the runners in<br />
the fertilizer scam, presented in detail how they operated. His revelations,<br />
made under oath, were substantiated by the following assertions:<br />
Barredo worked with a certain Maritess Aytona in the marketing of liquid<br />
fertilizers to local government units and congressional districts beginning<br />
January 2004;<br />
The local government units and congressional districts which will be the<br />
recipient of the fertilizer fund were already identified. The funds on the<br />
other hand were to be sourced from the Department of Agriculture;<br />
The liquid fertilizers were to be supplied by Feshan <strong>Philippine</strong>s, Inc. A<br />
company with business address at 16 Sgt. Esguerra Avenue, South<br />
Triangle, Quezon City;<br />
Feshan <strong>Philippine</strong>s, Inc. is linked and connected with<br />
Undersecretary Jocelyn Bolante.<br />
Barredo, along with Aytona, negotiates with local government officials<br />
and congressmen, in<strong>for</strong>ming them of the fund appropriated to the LGUs<br />
or congressional district, promising local government officials or<br />
congressmen of getting thirty percent (30 %) representing “SOP” or<br />
“commission”. The “SOP” or “commission” can go higher depending on<br />
the “request” or arrangement made by the proponent local official or<br />
congressmen;<br />
Upon approval of the transaction by the local government official, a<br />
memorandum of agreement is executed;<br />
In the case of Mr. Barredo, he identified several municipalities and<br />
congressional district in Bulacan and LGUs and legislative districts in<br />
Region 6 as his area of operation.<br />
153
The Missing Key Players<br />
Jocelyn I. Bolante was the first appointee of Ms. Gloria<br />
Macapagal-Arroyo in the Department of Agriculture as<br />
Undersecretary (Finance and Administration). He was already in<br />
office prior to the appointment of then agriculture secretary,<br />
Leonardo Montemayor.<br />
xxx xxx xxx<br />
But Undersecretry Bolante’s power over the agriculture department<br />
was widely known.<br />
xxx xxx xxx<br />
In fact, at the time that he was Undersecretary, Jocelyn Bolante was<br />
concurrently appointed by the President in other powerful positions:<br />
as Acting Chairman of the National Irrigation Administration, as Acting<br />
Chairman of the Livelihood Corporation and as Acting Chairman of the<br />
Strategic Investments and Development Corporation. At the same time,<br />
he was Director of the National Power Corporation and Land Bank of the<br />
<strong>Philippine</strong>s.<br />
It is significant that even without background principally on<br />
agriculture, Bolante was appointed by the President (at the time she<br />
herself was acting Agriculture Secretary) and holding a sensitive<br />
position at that, as Undersecretary <strong>for</strong> Finance and Operation.<br />
In the fertilizer fund scam, Undersecretary Bolante is the declared<br />
architect. He designed it. He was its brains. It was he who worked<br />
with the DBM <strong>for</strong> the immediate release of the fund. It was him who<br />
prepared and submitted names who would become the fertilizer<br />
fund’s proponents. It was Undersecretary Bolante who sent letters<br />
to various congressmen and local officials in<strong>for</strong>ming them of the<br />
availability of funds under the DA’s GMA Project. It was him who<br />
directed these officials to coordinate with his office to discuss all the<br />
requirements to facilitate the said project fund. Undersecretary Bolante<br />
in the words of his then Chief of Staff, Ibarra Poliquit, had a hand in<br />
determining how the GMA Project fund works and will be spent.<br />
And that although the DA has a list of officials whose “proposed<br />
projects” were to be funded by the fertilizer fund, Bolante was given<br />
the authority to drop them and replace them with others.<br />
xxx xxx xxx<br />
Secretary Luis Lorenzo and Undersecretary Belinda Gonzales served<br />
as co-signatories of Mr. Bolante in transferring the money from the<br />
Department of Agriculture to the regional field units (RFUs) and to local<br />
governments.<br />
xxx xxx xxx<br />
Former Undersecretary Ibarra Poliquit, per the records submitted by<br />
the Commission on Audit, assisted Undersecretary Bolante in the<br />
approval of projects that would be accorded the fertilizer fund. A<br />
substantial number of requests <strong>for</strong> the approval to issue sub-allotment<br />
advise (SAA) with corresponding cash allocation to DA-RFUs <strong>for</strong> the<br />
implementation of the GMA Farm Inputs and Implements Program would<br />
154
indicate Undersecretary Poliquit as the requesting party. In one hearing,<br />
from the documents submitted by the COA, it was noted that Ibarra<br />
Poliquit, then Assistant Secretary <strong>for</strong> Field Operations requested <strong>for</strong> the<br />
transfer of P 89 million in Region IV alone; P5 million in Region V; and P<br />
22 million in Region VII.<br />
BUT NO ONE RECEIVED THE FERTILIZERS<br />
The Farmers’ Voices. The Peasants’ Woes.<br />
In all public hearings conducted, the farmer groups were its<br />
most active and cooperative participants. Farmers and peasant<br />
leaders from as far as the Ilocos region and Western Mindanao aired<br />
their collective grievances. Theirs are the voices of desperation.<br />
One of the largest farmer organizations in the country, the<br />
Kilusang Magbubukid ng Pilipinas (KMP) through its national<br />
leaders, Danilo Ramos said that not one among their 64 provincial<br />
chapter farmer members from the 15 regions nationwide had<br />
received assistance from the so-called fertilizer fund.<br />
xxx xxx xxx<br />
Pambansang Ugnayan ng mga Nagsasariling Organisasyon sa<br />
Kanayunan (UNORKA). UNORKA through its Secretary-General Enrico<br />
Cabanit declared that not one of their members received any <strong>for</strong>m of<br />
assistance from the program.<br />
xxx xxx xxx<br />
Farmers from Iloilo reported that no fertilizers or rice seeds<br />
managed to reach them and they have not felt the support of the DA. If<br />
ever there were farm inputs, the DA would sell them to the farmers.<br />
xxx xxx xxx<br />
Farmer representatives from Davao del Norte in Mindanao told the<br />
committees that the farmers have not felt the so-called support<br />
services of the government especially the one involving the P728<br />
million fertilizer assistance.<br />
Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas through<br />
its President Fernando Hicap in<strong>for</strong>med the committees that<br />
PAMALAKAYA consulted their members from the barangay level to<br />
the regional level and from their 100,000 membership, no one<br />
signified having received any support from the said government<br />
fund.<br />
Kalipunan ng mga Maliliit na Magniniyog sa Pilipinas through its<br />
President Romulo Tapayan in<strong>for</strong>med that in terms of fertilizer assistance<br />
or subsidy, their ranks have not felt the assistance.<br />
Katipunan ng Samahang Magbubukid sa Timog Katalugan (KASAMA-TK)<br />
through its Secretary-General Guillermo Bautista in<strong>for</strong>med that in a<br />
survey made to their members from the 10 provinces of the Southern<br />
Tagalog Region, with reference to the Php 728 million agricultural fund,<br />
155
no one has ever received even a single granule of the said agricultural<br />
inputs. Their group aired out their sentiments that from the<br />
in<strong>for</strong>mation they have gathered, P69 million was released to their<br />
congressmen, governors and mayors and they would be interested to<br />
know who the recipients were.<br />
Pahagpong sa mga Mag-uuma sa Panay (PAMANGGAS).. Mr. Nilo<br />
Arado said that his organization covers the provinces of Guimaras,<br />
Iloilo, Aklan, and Antique. He in<strong>for</strong>med the committees that their group<br />
held a consultation among their leaders and members, and not one<br />
from among their farmer-members has ever received the farm inputs<br />
assistance.<br />
Katipunan ng Samahang Magsisibuyas (KASAMNE) is a federation of<br />
19 primary cooperatives covering 5 towns and 1 city based in Nueva<br />
Ecija. They are rice farmers and grow onions after rice. The federation<br />
through its President, Mr. Tanedo, stated that their farmer members<br />
have not received any subsidy or assistance from the P728 million<br />
farm input program<br />
Alyansa ng Magbubukid sa Gitnang Luzon through its representative<br />
Joseph Canlas in<strong>for</strong>med the Body that their group went around the<br />
provinces of Central Luzon to find out what really happened on the<br />
fertilizer fund and whether the same was given to them and recalled<br />
that every farmer member they asked responded in the negative.<br />
KMP-Souhern Tagalog Chairperson Imelda Lacandazo gave her<br />
testimony that farmer-members of the KMP Southern Tagalog have<br />
not received any fertilizer or farm inputs assistance.<br />
Samahan ng Gugti ng mga Parag-uma - Sinirangan Bisaya (SAGUPA-<br />
SB). Mr. Gacusan, the Secretary General of the Samahan ng Gugti ng<br />
mga Parag-uma – Sinirangan Bisaya, in<strong>for</strong>med the committees that the<br />
farmer group from Eastern Samar and their members did not receive<br />
any assistance from the fertilizer fund.<br />
National Federation of Peasant Women (AMIHAN). “Nanay” Carmen<br />
Buena in<strong>for</strong>med the committees that their federation comprised of<br />
32 provinces. She is a farmer herself, and has not received any<br />
fertilizer assistance, along with any of her members.<br />
KMP, Bicol. Mr. “Tatay” Felix Paz, the overall chairman of KMP-<br />
Bicol said that his farmer-members have not received any<br />
assistance, whether in the <strong>for</strong>m of fertilizers or agricultural fund<br />
assistance, particularly in Albay where he resides.<br />
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The Other Courageous Witnesses<br />
Antonio Andag Salas is the Assistant Provincial Treasurer in Eastern<br />
Samar. A crusader of truth, he declared boldly and amid threats to<br />
his life, that contrary to the liquidation report submitted identifying<br />
his province as a recipient of the fertilizer fund, there were no<br />
actual deliveries made. Another fearless witness, Alfonso Cainto<br />
Esposa, president of the Pinamalutan Water Impounding Irrigators<br />
Association, corroborated the no-actual-delivery case as a microcosm<br />
of the fertilizer fund scam.<br />
Rebecca L. Aquino is a Bokal, a member of the Sangguniang<br />
Panlalawigan of the Province of Sorsogon. The feisty but heroic<br />
Aquino testified on the “gross overpricing of fertilizers using public<br />
funds” in her province. In her oral testimony, she presented COA’s<br />
audit observation <strong>for</strong> Sorsogon which cited that the Bio Nature liquid<br />
fertilizer which was actually sold in the market at Php 180.00 to 350.00<br />
had been overpriced at Php 1,500.00 per bottle. She further cited COA’s<br />
findings that the said liquid fertilizers were not appropriate <strong>for</strong> rice and<br />
corn, the principal crops of the Bicolandia, but <strong>for</strong> hanging plants like<br />
orchids and other ornamental plants.<br />
The Legitimate Players in the Fertilizer Industry<br />
Are Not Suppliers in the Transaction<br />
The largest group of legitimate players in the fertilizer industry, the<br />
Fertilizer Industry Association of the <strong>Philippine</strong>s (FIAP), through its<br />
president Raymond Ilustre, stated that it has seventeen (17)<br />
companies which are basically into supplying fertilizers by bulk.<br />
With a market share of 95 percent, FIAP is responsible <strong>for</strong> supplying<br />
about 1.5 million tons of fertilizers to farmers on an annual basis. Ilustre<br />
pointed out that FIAP did not participate in the fertilizer project<br />
which is the subject of the inquiry.<br />
Some Congressmen Simply Used in the<br />
Fertilizer Fund Distribution<br />
In an impromptu testimony, <strong>for</strong>mer Secretary Florencio Abad denied<br />
that he made a request or was a proponent in the Php 728-million<br />
fertilizer fund. Accordingly, his name and congressional district were<br />
included in the list prepared by Undersecretary Bolante as an<br />
attachment <strong>for</strong> the release of SARO and NCA under the fertilizer fund.<br />
Abad stressed that he never requested <strong>for</strong> any allocation, or received<br />
fertilizers or farm inputs <strong>for</strong> his legislative district. He added that<br />
he had demanded explanation from the DA but to date, the latter<br />
failed to satisfy his query. He even made a conclusion that his name<br />
was merely used.<br />
157
Abad further mentioned that among the members of the House of<br />
Representatives whose names were used in the fertilizer fund scam<br />
were Representatives Noynoy Aquino of Tarlac and Miguel Zubiri of<br />
Bukidnon. Senator Biazon added to the list Muntinlupa Rep. Ruffy<br />
Biazon as not among the proponents of any project under the<br />
fertilizer fund.<br />
The Rape of the Nation:<br />
Ten Reasons Why The Fertilizer Issue is a Scam<br />
The fertilizer fund as covered by the Farm Inputs and Implements<br />
program is a premeditated, systematic and grand agricultural theft.<br />
In the words of farmers and taxpayers, the fertilizer fund scam is the<br />
rape of the nation. In all indications, it was purely adopted to suit<br />
electoral purpose.<br />
The mismanagement of the fertilizer fund is novel in its method and<br />
astounding in its shamelessness. In fact, it is an object lesson in the<br />
abuse of power and the misuse of people's money by some officials of the<br />
Department of Agriculture and some local leaders.<br />
Ten reasons are advanced why this fertilizer fund mismanagement is<br />
considered the grand agricultural theft (grand theft agro):<br />
First, as confirmed by Secretary Panganiban himself during the budget<br />
hearing, nobody in the Department of Agriculture knew of the existence<br />
of the Farm Inputs and Implements program. In the files of the<br />
Department itself, there is no single document that would support<br />
the existence of such program.<br />
Second, while agricultural and fisheries modernization has been a staple<br />
of the agriculture budget every year since the AFMA enactment in 1997,<br />
the fertilizer fund was a single appropriation meant only <strong>for</strong> 2004.<br />
This huge expense has not been repeated since. Why it was<br />
implemented only in 2004, in the months of the election season in<br />
particular, is an indication of its intended purpose and illicit<br />
objective.<br />
Third, even the design and implementation of the fertilizer fund scam<br />
manifest the height of scandalous corruption. The gross overpricing as<br />
reported by the Commission on Audit is absolutely abominable, with<br />
the ordinary foliar fertilizer (which was allegedly supplied in almost all<br />
transactions) overpriced from almost 700 to 1,250 percent.<br />
The Commission on Audit through an Audit Observation<br />
Memorandum dated January 20, 2006 submitted its report to the<br />
committees. Its observations are all indicative of massive<br />
irregularities including overpricing, frontal violations of the<br />
158
Procurement Law and wanton wastage of scarce government<br />
resources.<br />
xxx xxx xxx<br />
Fourth, the fertilizer fund was released in the months of February to<br />
May, the traditional harvest season in the country or “gapasan”<br />
months, when fertilizers are of no use because the planting time<br />
starts in November.<br />
Fifth, ghost and questionable suppliers and deliveries haunt the<br />
fertilizer fund scam. AKAME Marketing is the identified supplier of<br />
a substantial number of transactions in the Php 728-million fertilizer<br />
fund. Process servers of the Senate failed to locate its business<br />
address indicated in its registration. Tacloban Star, a regional<br />
newspaper in Leyte and Samar, reported that its telephone number<br />
corresponds to a “gulayan” stall in Kaloocan City. Another company<br />
named Castle Rock Construction was awarded multiple contracts under<br />
the same fund. COA, in its audit memoranda, noted that “no copies of<br />
the documents from the Department of Trade and Industry was available<br />
that can show that Castle Rock Construction can engage or do business<br />
relative to the trading of fertilizers.” Witness Jose Barredo stated that<br />
FESHAN <strong>Philippine</strong>s, Inc., one of the largest suppliers, is originally a<br />
medical supplier and started to supply fertilizer only in 2004. Its<br />
office address as submitted to the DA is a non-existing address.<br />
Sixth, a document identifying the fertilizer requirements <strong>for</strong> 2003<br />
submitted by Frisco Malabanan, Director, GMA Rice Program<br />
indicated that it only needed Php 28.613 million <strong>for</strong> the entire<br />
<strong>Philippine</strong>s. If the said document is to be adopted and corresponding<br />
adjustment made, allocations will not be as huge as the Php 2.806<br />
billion released <strong>for</strong> the year 2004. This is a classic case of gross<br />
disproportion between what is needed by the farmers and wasteful<br />
utilization of the farmers’ fund.<br />
Seventh, foliar fertilizer, which is appropriate <strong>for</strong> ornamental plants<br />
and not <strong>for</strong> rice, was supplied. Technical experts invited by the<br />
Committees are one in saying that generally, rice would require solid<br />
fertilizers which include urea, ammonium sulfate, ammophos, complete<br />
fertilizers, and muriate of potash, depending on the situation of the soil.<br />
Furthermore, foliar fertilizer is advisable <strong>for</strong> use in high value crops<br />
(HVC) because it is relatively expensive if it will be applied to rice.<br />
Besides it is not effective in rice mainly because of the stature of the leaf<br />
of rice which is upright. Thus, sprayed foliar fertilizer will just slide down<br />
and could not be absorbed by the plant. The most effective way of<br />
applying these nutrients to the rice plant is by the soil.<br />
Eighth, the wrong and overpriced kind of fertilizer <strong>for</strong> rice was even<br />
diluted with water. Call it a case of “double corruption.” In the<br />
testimonies presented during the public hearings, the fertilizers<br />
overpriced by almost 1,000 % are not even pure fertilizers but<br />
159
watered down fertilizer.<br />
Ninth, Undersecretary Jocelyn Bolante cunningly, wittingly listed<br />
105 congressmen, 53 governors and 23 mayors to justify the<br />
immediate release of the fund. It specifies uni<strong>for</strong>m amounts,<br />
regardless of which congressional districts or local units the proponents<br />
represent, whether the same are rice or corn-producing LGUs or not.<br />
Bolante is not even mindful that the locality or legislative district<br />
from where the proponent came from is part of the farm-absent<br />
Metro Manila. From this list, it can be deduced that it was an intended<br />
flawed program using public funds.<br />
Tenth, Bolante made the list attractive by including a number of<br />
politicians as proponents but in truth and in fact, their names were<br />
just used to lend credence to the project. And when asked to explain,<br />
the DA cannot even justify where it was appropriated, by whom and<br />
who disbursed it. Again, it was a manifestation of pure scam.<br />
xxx xxx xxx<br />
The committees recommend the total overhauling of the<br />
Department of Agriculture. At present, the department works in<br />
such a way as a mafia or syndicate is operating it. There is a<br />
substantial number of projects being implemented by the Department<br />
with huge appropriation but its honest en<strong>for</strong>cement is not being seen<br />
and most of them are being questioned by its direct constituents, the<br />
farmers, the farmworkers and those in the agriculture sector.<br />
xxx xxx xxx<br />
6. Strong probable criminal culpability is established, hence,<br />
criminal and administrative charges must be filed against:<br />
a. Undersecretary Jocelyn Bolante,<br />
b. Secretary Luis Lorenzo,<br />
c. Undersecretary Ibarra Poliquit,<br />
d. Undersecretary Belinda Gonzales,<br />
e. Assistant Secretary Jose Felix Montes, and<br />
f. all Regional Directors of the Department of Agriculture who<br />
participated in the illegal transactions or dissipation of the Php 728-<br />
million fertilizer fund scam<br />
They must be charged <strong>for</strong> violating the Law on Plunder and violating<br />
the Anti-Graft and Corrupt Practices Act (Section 3 [e], Republic Act<br />
3019).<br />
xxx xxx xxx<br />
Malversation of funds as defined by the Revised Penal Code must<br />
likewise be studied in the case of the several of diversion of funds<br />
160
committed.<br />
xxx xxx xxx<br />
A criminal complaint under the same Act and the provisions of the<br />
Revised Penal Code on perjury should be filed against Mr. Jesus<br />
Agda, the Provincial Agricultural Officer of the Province of Eastern<br />
Samar on the basis of his false testimony.<br />
8. Similarly, the partners, suppliers or subordinates in the private<br />
sector who worked in cahoots with the above-mentioned officials of the<br />
Department of Agriculture who participated in overpricing, supplying<br />
substandard and diluted fertilizers should be charged as coconspirators<br />
under the Plunder Law and Anti-Graft and Corrupt<br />
Practices Act must be filed.<br />
xxx xxx xxx<br />
Considering the enormous profits these private entities and individuals<br />
amassed, the Bureau of Internal Revenue should likewise investigate<br />
these private entities <strong>for</strong> possible tax evasion.<br />
xxx xxx xxx<br />
… the order of contempt against Jocelyn Bolante must be en<strong>for</strong>ced.<br />
In addition, the following individuals must be held in contempt:<br />
Secretary Luis Lorenzo<br />
Undersecretary Ibarra Poliquit<br />
The rationale <strong>for</strong> the en<strong>for</strong>cement of contempt order against Bolante<br />
and the issuance of contempt against Lorenzo are anchored on their<br />
continuous defiance of the Senate committees.<br />
xxx xxx xxx<br />
10. The Committees recommend that President Gloria Macapagal-<br />
Arroyo must be held accountable in the mismanagement of the<br />
fertilizer fund and take it upon herself to institute measures to correct<br />
the flaws in her administration.<br />
It bears knowing that a number of testimonies adduced during the<br />
hearings were that the fund was indeed used to assure her victory in<br />
the 2004 elections.<br />
xxx xxx xxx<br />
Cognizant of the presidential immunity and respect accorded to the<br />
Chief Executive, the accusations against her in the fertilizer fund<br />
scam is so serious that it places the position of the Presidency in<br />
the balance. The Palace looks at the issue as a mere political tool. Its<br />
refusal to cooperate violates the spirit of democracy, promotes<br />
tyranny and breeds the ground <strong>for</strong> instability it has in fact stirred.<br />
Failure to disprove the charges, even resorting to shield those directly<br />
responsible <strong>for</strong> squandering taxpayers' money, suggest her<br />
culpability and involvement in this un<strong>for</strong>givable act made against our<br />
poor farmers. Her obvious indifference to examine the matter further<br />
and identify the irregularities surrounding the disbursement of the<br />
farmers' fund is equivalent to breach of official duty by nonfeasance<br />
and inexcusable negligence of sworn obligation. In sum, the same<br />
161
may be labeled as betrayal of public trust in addition to the<br />
violations committed under the Anti-Graft and Corrupt Practices<br />
Act and the Law on Plunder.<br />
xxx xxx xxx<br />
To this date, no ef<strong>for</strong>t on her part has been made, no categorical denial<br />
was even heard. But all allegations and testimonies point to her<br />
benefiting the most in an intricate scheme of deception and fraud. Only<br />
this much the committees of the Senate know: that the fertilizer<br />
fund was misused. It was corrupted. It was intended to assure her<br />
victory. Mrs. President, could it be true?<br />
The committees demand the truth. The Filipino farmers deserve no<br />
less.”<br />
And finally, of course, <strong>for</strong>mer Secretary of the Department of Social Welfare and<br />
Development Corazon “Dinky” Soliman described be<strong>for</strong>e the CCTA how the Cabinet of<br />
President Arroyo, in the presence of the latter or of then Executive Secretary Romulo<br />
in her stead, would discuss as a normal part and priority of the agenda of Malacañang<br />
an assessment of the specific areas in which President Arroyo’s chances of election<br />
would be strong or weak, and how delivery of services could be patterned as to<br />
strengthen her chances in the weak election spots – as follows:<br />
C. Testimony of <strong>for</strong>mer Secretary of Social Welfare CORAZON “DINKY” SOLIMAN<br />
be<strong>for</strong>e the CCTA on November 16, 2005 --<br />
“MS. DINKY SOLIMAN: I was in Pangasinan because in January 2004<br />
and February of 2004, in cabinet meetings we were discussing the<br />
strategy of the campaign to make Mrs. Gloria Macapaga-Arroyo<br />
win in the 2004 election. And in those meetings we assessed the<br />
strength of GMA in the different areas in the <strong>Philippine</strong>s and<br />
where GMA is weak and the opponent is strong, there was a<br />
decision to make sure that programs that would help the poor as<br />
distributing PhilHealth cards would happen. So, the resources<br />
that we have <strong>for</strong> programs would then be given or allocated in<br />
areas where the assessment indicates that Mrs. Gloria Macapagal-<br />
Arroyo is weak, and, there<strong>for</strong>e, the delivery of these programs<br />
would accelerate her chances of winning. This is the reason I<br />
went to Pangasinan.<br />
ATTY. NERI COLMENARES: Let me clarify, official cabinet meetings were<br />
held to discuss personal affairs of President Gloria Macapagal-<br />
Arroyo, in this case, the electoral campaign of where she is weak<br />
or strong, can you clarify that in<strong>for</strong>mation, Madam Witness.<br />
MS. DINKY SOLIMAN: Yes, there were cabinet meetings that were held<br />
in January and February to discuss the campaign strategy to<br />
162
ensure that Mrs. Macapagal-Arroyo would win the election and as<br />
I said the discussions that we were having included a report of a<br />
pollster that would tell us how she stands at that particular<br />
moment in terms of chances of winning and how the opponents<br />
are also faring in their bet in their presidential race. And after we<br />
see the assessment, a decision of where the programs would go<br />
based on the basis of weakness of GMA and strength of the<br />
opponent. Pangasinan was then known as a stronghold of Mr.<br />
Fernando Poe, Jr.<br />
ATTY. NERI COLMENARES: Can you recall specifically when these<br />
meetings took place?<br />
MS. DINKY SOLIMAN: It was a … it started in January. It was regularly<br />
happening on January, February, March, at least once in two<br />
weeks.<br />
ATTY. NERI COLMENARES: During these cabinet meetings that you<br />
mentioned to discuss the electoral campaign of Gloria Macapagal-<br />
Arroyo, was President Arroyo present during those meetings?<br />
MS. DINKY SOLIMAN: There were meetings where she was present and<br />
there were meetings that she was not present and it was chaired<br />
… and if she was absent it was chaired by the Executive Secretary<br />
then, Mr. Alberto Romulo.<br />
xxx xxx xxx<br />
ATTY. NERI COLMENARES: Apart from your testimony here, do you<br />
have records of these meetings that you mentioned?<br />
MS. DINKY SOLIMAN: Yes, there are some cabinet meetings that had<br />
been recorded with this matter being discussed but there are also<br />
cabinet meetings where no records of those discussions have been<br />
made.” (t.s.n., CCTA session, November 16, 2005)”<br />
Actually, there are many other electioneering activities – recorded in official<br />
documents at that – which we, as we are certain the public, would not have easily<br />
discovered but <strong>for</strong> the Minority Report in the House of Representatives. We quote from<br />
this Report:<br />
“The Cabinet Departments and the Bureaucracy have been rampantly<br />
used to undertake GMA’s campaign. Thus Malacañang issued the<br />
following series of Memoranda to Cabinet Secretaries: Memorandum<br />
dated January 7, 2004 on the subject ‘Focus Campaign Ef<strong>for</strong>ts On<br />
Constituents’; Memorandum dated January 7, 2004 on the subject<br />
‘Designation of Undersecretary as Liaison Officer <strong>for</strong> Campaign or <strong>for</strong><br />
Managing Governance Affairs of Department’ ; Memorandum dated<br />
January 14, 2004 on the subject ‘Use of President GLORIA Instead of<br />
PGMA In Billboards And Notices’; Memorandum dated January 14, 2004<br />
163
on the subject ‘Submission of Lists of TV Ad Placements’; and<br />
Memorandum dated January 14, 2004 on the subject ‘Wider Media<br />
Exposure of Significance Achievements’. All these memoranda were<br />
designed to enhance the candidacy of GMA at the expense of public<br />
funds and government personnel.” (p. 18)<br />
The above revelation indicates to us that possibly these activities involving illicit<br />
use of public funds could be just the tip of an iceberg.<br />
ON THE CHARGE OF GRAFT AND CORRUPTION<br />
1. The Ginintuang Masaganang Ani<br />
fertilizer and farmers funds plunder<br />
As with the grand thievery of OWWA workers funds, we do not hesitate to share<br />
the sentiment of the Senate that this act of electioneering and corruption is<br />
particularly shameless. And, we need to add, because its victims are the poorest of<br />
the poor of our countrymen, both crimes are simply un<strong>for</strong>giveable.<br />
2. The Aborted, Anomalous<br />
North Rail Project<br />
During President Arroyo’s state visit to China last year, North Luzon Railways<br />
Corp. president Jose Cortez Jr. and China National Machinery and Equipment Corp.<br />
(Group), or CNMEC, president Ren Hongbin signed a memorandum of agreement <strong>for</strong> a<br />
four-stage project, 64 worth $503 million, <strong>for</strong> the construction of a railroad the first<br />
phase of which will stretch <strong>for</strong> 32 km from Caloocan City to Malolos in Bulacan, along<br />
the old line of the <strong>Philippine</strong> National Railways that has been abandoned <strong>for</strong> three<br />
decades.<br />
As in the case of the Ginintuang Masagang Ani (“GMA”) farmers fund scam, this<br />
“North Rail” project has since been discovered, particularly through Senate legislative<br />
inquiry, to be an anomalous graft-ridden contract violative of the Constitution and<br />
pertinent laws.<br />
We quote pertinent portions of the University of the <strong>Philippine</strong>s Law <strong>Center</strong><br />
study officially commissioned by and submitted to the Senate on the matter:<br />
64<br />
“Senate to probe rail contract,” Christina Mendez, Phil. Star, September 26, 2005, pp.1 & 10<br />
164
“EXECUTIVE SUMMARY<br />
Legality of the Contract between NLRC and CNMEC<br />
The Contract between the NLRC and CNMEC is unlawful and<br />
void <strong>for</strong> failure to comply with the mandatory requirement of<br />
competitive public bidding under RA 9184 in the selection of CNMEC<br />
as the Prime Contractor. While there are exceptions under RA 9184<br />
where competitive public bidding may be dispensed with, these<br />
exceptions do not obtain in the selection of CNMEC, <strong>for</strong> the following<br />
reasons.<br />
First, there is no ‘imminent danger to life or property during a<br />
state of calamity, or when time is of the essence arising from natural or<br />
manmade calamities or other causes where immediate action is<br />
necessary to prevent damage to or loss of life or property, or to restore<br />
vital public services, infrastructure facilities and other public utilities’ or<br />
‘where the subject contract is adjacent or contiguous to an ongoing<br />
infrastructure project.’ Second, the Contract cannot be construed as a<br />
treaty or executive agreement, whether viewed from the perspective of<br />
international law under Article 2(1)(a) of the Vienna Convention of the<br />
Law of Treaties or under <strong>Philippine</strong> law.<br />
The Contract may be void as it appears to have failed to<br />
comply with the Government Auditing Code and the Administrative<br />
Code of 1987. To recall, the Northrail project will also be financed by<br />
counterpart funds from the government. By positive provision of law, a<br />
proposed government contract involving the expenditure of public funds<br />
that is unsupported by a certificate as to the existence of appropriation<br />
and the availability of necessary funds, which certificate must be<br />
attached to as an integral part of the proposed contract, is fatally<br />
defective.<br />
Corollarily, CNMEC should establish that it is duly licensed to<br />
undertake infrastructure projects in the <strong>Philippine</strong>s as required by<br />
RA 4566.<br />
Legality of the Buyer Credit Loan Agreement<br />
The Buyer Credit Loan Agreement between EXIM Bank and the<br />
Republic of the <strong>Philippine</strong>s is of questionable validity as it appears<br />
that there was no prior concurrence by the Monetary Board, as<br />
required by Section 20, Article VII of the Constitution. In the same<br />
vein, the BCLA is so intertwined, with the Contract such that they<br />
can be viewed as an integral agreement, as the appointment of<br />
CNMEC as Prime Contractor under the Contract appears to be an<br />
indispensable consideration <strong>for</strong> the execution of the BCLA. Accordingly<br />
the nullity of the Contract casts doubt on the legality of the BCLA.<br />
165
Economic, Financial & Technical Analysis of the Northrail Project<br />
CNMEC is not technically qualified to be a Prime Contractor.<br />
CNMEC has not done any railway projects of similar magnitude in China<br />
or elsewhere in the world. Neither is it engaged in the manufacture of<br />
the railroad equipment contemplated in the Contract.<br />
With the downgrading of the Northrail project from a<br />
standard-gauge electric train capable of airport express to a narrowgauge<br />
diesel-powered train solely <strong>for</strong> commuter service, the contract<br />
price is on the high side. The government could have gotten a lower<br />
price and cheaper credit had it taken the minimum ef<strong>for</strong>t of asking<br />
other suppliers to submit proposals.<br />
The Contract also contains many conditions disadvantageous<br />
to the government. It is silent on the specifications of the train<br />
equipment that is being procured; neither is there a standard warranty<br />
that the equipment to be supplied will be brand-new. Chinese<br />
engineering standards will be made to apply, completely ignoring<br />
accepted standards applicable to <strong>Philippine</strong> infrastructure projects. The<br />
risk cover <strong>for</strong> the project was delimited to a Chinese insurance company,<br />
whereas this should be under the GSIS or an accredited domestic<br />
insurer.<br />
The involvement of BCDA in Northrail needs to be carefully<br />
reviewed, as it may be in violation of the limits imposed by its charter.<br />
Recommendation<br />
The Contract should be annulled by filing the appropriate<br />
action in court. As to the BCLA, further action thereon should be<br />
studied.<br />
If warranted, the appropriate criminal, civil and/or<br />
administrative cases should be filed against the concerned public<br />
officials/private persons.” (emphasis supplied)<br />
We can only concur with the recommendations of the UP Law <strong>Center</strong>. At the<br />
same time we cannot let pass the observation that, as in the case of the Ginintuang<br />
Masaganang Ani investigation, transactions like these that are irregular, noncompliant<br />
of legal requirements, and productive of egregious disadvantage to the<br />
government, would not have been brought into the open without the powers of inquiry<br />
of the Senate.<br />
166
3. The Contract with Venable Llp.<br />
On July 25, 2005, in her State of the Nation Address, President Arroyo<br />
enunciated the need <strong>for</strong> charter change as her central focus, even as she absolutely<br />
ignored the national crisis rocking the country arising from the controversy<br />
surrounding her legitimacy as President following discovery of the Garci Tapes.<br />
It was also on that very day that President Arroyo, through her National<br />
Security Adviser Norberto Gonzales, executed a contract with the <strong>for</strong>eign law firm<br />
Venable Llp., to lobby and procure United States grants or congressional funds <strong>for</strong> the<br />
purpose of effecting amendments to the 1987 <strong>Philippine</strong> constitution.<br />
Jose Anselmo Cadiz, president of the 43,000-strong Integrated Bar of the<br />
<strong>Philippine</strong>s, testified be<strong>for</strong>e the CCTA to attest to the shameful unconstitutionality of<br />
this contract by which the nation's chief executive not only allows but in fact requests<br />
funding from a <strong>for</strong>eign sovereign <strong>for</strong> the precise purpose of tinkering with the<br />
fundamental law of her people. We quote from his testimony as follows:<br />
"JUSTICE CAPULONG: You stated that one of the main objectives of the<br />
IBP as an organization of laywers which discharge social or public<br />
responsibility …Will you please state more or less briefly the scope<br />
of that social or public responsibility of the Integrated Bar of the<br />
<strong>Philippine</strong>s.<br />
ATTY. JOSE ANSELMO CADIZ: Sir, the IBP takes its role seriously in<br />
terms of these objectives and we pride ourselves in making a<br />
stand on issues on national importance like the resignation of the<br />
President, the illegality of the Executive Order 464, the illegality of<br />
the Calibrated Preemptive Response. As a policy of these<br />
government and corollarily to our opposition to Executive<br />
Order 464 is our view that the Venable Contract entered into<br />
by the National Security Adviser is not only illegal but most<br />
importantly unconstitutional.<br />
JUSTICE CAPULONG: Be<strong>for</strong>e we go to that Venable Contract, may I ask<br />
you if you made a serious study of that contract?<br />
ATTY. JOSE ANSELMO CADIZ: Yes sir, we did, and in fact, our position<br />
to EO 464 is anchored on the study of the Venable Contract<br />
because we believed that EO 464 was an offshoot of the testimony<br />
of Secretary Gonzales in the Senate.<br />
xxx xxx xxx<br />
JUSTICE CAPULONG: May I invite your attention Atty. Cadiz to the<br />
following provision of the Venable Contract and I will read to<br />
you this provision as part of this representation meaning<br />
167
the representation to be made by the law firm, known as the<br />
Venable LLP. “The <strong>Philippine</strong> government has<br />
identified specific tasks which Venable will undertake and use<br />
best ef<strong>for</strong>t to accomplish. #1 secure grants or congressional<br />
earmarks <strong>for</strong> support of the Charter Change initiative of the<br />
President of the <strong>Philippine</strong>s which would reshape the <strong>for</strong>m of<br />
government in the <strong>Philippine</strong>s from its current structure into<br />
a Parlimentary Federal System. Part of such grant will be<br />
used <strong>for</strong> the much needed engineering of the bureaucracy to<br />
recover large estimated losses from acts of corruption in<br />
government inefficiency.” Did you study that particular<br />
provision of the Venable Contract?<br />
ATTY. ANSELMO CADIZ: Yes sir, I did.<br />
JUSTICE CAPULONG: Will you kindly give us your opinion as a legal<br />
expert on the legality and constitutionality of that provision?<br />
ATTY. ANSELMO CADIZ: Sir, I believe that ah…this ah… particular<br />
provision of this contract as I previously said is not only<br />
illegal but it is worst unconstitutional.<br />
JUSTICE CAPULONG: Why do you say that Atty. Cadiz? Will you<br />
please state your legal or constitutional basis <strong>for</strong> saying that<br />
this is both illegal and unconstitutional.<br />
ATTY. ANSELMO CADIZ: Sir in Article 9, Section C5 of the<br />
Constitution states and if I may quote verbatim “financial<br />
contributions from <strong>for</strong>eign governments and their agencies or<br />
political parties or organizations, coalitions or candidates<br />
related to elections constitute interference in national affairs<br />
and when accepted shall be an additional ground <strong>for</strong> the<br />
cancellation of the registration with the Commission on<br />
Election in addition to other penalties that maybe prescribed<br />
by law. Likewise, sir, in the Preamble of the Constitution<br />
states “The state shall pursue an independent <strong>for</strong>eign policy<br />
in its relations with other states the paramount consideration<br />
shall be national sovereignty, territorial integrity, national<br />
interest, and the right to self determination. As regards<br />
Article 9, Section C5 although it specifically refers to political<br />
parties or during elections by the doctrine of necessary<br />
implication I believe that more so the government cannot<br />
source money or ask money or ask <strong>for</strong> contributions to alter<br />
the fundamental law of the land which is our constitution, in<br />
which the effect I think sir is a blatant and an unabashed<br />
interference in the creation or crafting of the fundamental law<br />
of the land which is our constitution and that its relation to<br />
the Preamble of the Constitution because I believe we cannot<br />
have an independent <strong>for</strong>eign policy, nor, can we say, that we<br />
168
have our national sovereignty, our national interest and our<br />
national pride, if a <strong>for</strong>eign government, specifically, the only<br />
super power of the world, the United States of America would<br />
fund and there<strong>for</strong>e, interfere in the crafting of our<br />
constitution. That is my humble opinion, sir.<br />
JUSTICE CAPULONG: Would you consider this particular undertaking<br />
Venable LLP as an infringement on the national sovereignty of the<br />
Filipino people as enshrined in our Constitution?<br />
ATTY. ANSELMO CADIZ: Definitely so sir, because, ah… as we know the<br />
Constitution would be the mother of all our laws. Every statute or<br />
enactment would be in consonance with the constitution, and,<br />
there<strong>for</strong>e, if the <strong>for</strong>eign power has interfered into the making of the<br />
Constitution, our national sovereignty is seriously imperilled.<br />
JUSTICE CAPULONG: Would you consider the act of entering into<br />
this contract given the provisions that I read as a culpable<br />
violation of the Constitution?<br />
ATTY. ANSELMO CADIZ: I believe so sir.<br />
JUSTICE CAPULONG: On the base of this contract, first of all this<br />
contract was signed in behalf of the <strong>Philippine</strong> Government by Mr.<br />
Norberto Gonzales and let me read to you what his designation<br />
and authority was when he signed this contract? Agreed to and<br />
accepted <strong>for</strong> the <strong>Philippine</strong> Government, Norberto B. Gonzales,<br />
signed. On the base of this contract would you consider this<br />
contract as an act of President Gloria Macapagal-Arroyo.<br />
ATTY. JOSE ANSELMO CADIZ: Definetly, so sir, because the National<br />
Security Adviser is a cabinet secretary and it is fundamental<br />
in our law that the cabinet secretary is the alter ego of the<br />
President and unless expressly repudiated by the President<br />
herself then, this act of entering into a contract with Venable<br />
is considered to be the act of the President herself.<br />
JUSTICE CAPULONG: … the contract provides that the <strong>Philippine</strong><br />
Government will pay Venable LLP the sum of US$75,000 every<br />
month and that the contract required the <strong>Philippine</strong><br />
Government to make an advance payment of three (3) months<br />
amounting to US$225,000. It has been admitted by Mr.<br />
Gonzales that such amount is in fact been paid. Now, would<br />
you consider the amount paid as lost money in the sense that<br />
it can no longer be recovered.<br />
ATTY. JOSE ANSELMO CADIZ: Yes, sir. Because under the contract<br />
itself although there’s a provision of the termination of the<br />
contract, the <strong>Philippine</strong> Government is mandated to give 90<br />
169
days notice be<strong>for</strong>e the contract can be fully rescinded, and,<br />
there<strong>for</strong>e, sir, at the very least three (3) months retainer<br />
contract has been paid , and as you pointed out <strong>for</strong> US$75,000<br />
a month that is US$225,000 <strong>for</strong> the 3-month duration of the<br />
contract and I think at today’s exchange rate is upward of 13<br />
million pesos indeed a very big sum of money which could have<br />
been wisely used <strong>for</strong> more productive purposes <strong>for</strong> our people.<br />
xxx xxx xxx<br />
JUSTICE CAPULONG: Ah… I have no more question to you Atty. Cadiz.<br />
Do you have anything to say in connection with the Venable<br />
Contract that is the subject matter of your testimony this<br />
morning?<br />
ATTY. JOSE ANSELMO CADIZ: Well, sir, ah… as I previously stated,<br />
this is not only illegal but likewise unconstitutional.<br />
But, what really is truly objectionable here is the glaring fact<br />
that this government has begged money be<strong>for</strong>e a <strong>for</strong>eign<br />
government to alter the fundamental law of the land. We may<br />
be poor in terms of per capita income or gross national product<br />
may be low but, then, at the end of the day, I believe that our<br />
national dignity, our national pride as a people must not be<br />
compromised because only by maintaining our pride and our<br />
dignity as a people can we rise up on this abject situation that<br />
we are in. So, this contract has previously been made a secret<br />
and it was not through the <strong>Philippine</strong> Government that this<br />
came about so probably in their own mind this is also an<br />
objectionable contract, but, then, they persisted. They asked<br />
money <strong>for</strong> the purpose of changing our Constitution. Foreign aid is<br />
not bad per se, sir, but, then, if it is to beg money to alter our<br />
Constitution, I think, that is most reprehensible. Thank you very<br />
much sir." (emphasis supplied)<br />
That the Venable Llp. contract was done surreptitiously, through a national<br />
security adviser instead of the President herself or the Secretary of Foreign Affairs, is a<br />
most valid and crucial observation. In fact, the possibility of arguing it was of no legal<br />
effect anyway because ultra vires, i.e., beyond the power of Gonzales to execute no<br />
matter his signature, was one of the escape valves that President Arroyo, through<br />
Norberto Gonzales, had tried to utilize to diffuse the scandal. We certainly agree with<br />
Atty. Cadiz that the execution of this contract by the President through her authorized<br />
alter-ego is a culpable violation of the Constitution as well as an act of graft and<br />
corruption, because it has resulted in the criminal wastage of public funds.<br />
170
CONCLUSION<br />
Massive electoral fraud, through cheating,<br />
was committed through falsification of electoral<br />
returns and certificates of canvass, made<br />
directly possible through President Arroyo’s<br />
use, through Garcillano, of Comelec, Cabinet<br />
members, executive officials, and the military<br />
One kind of cheating that was discovered involved the tampering of voting<br />
results in electoral returns (or “ERs”) to switch victory in favor of President Arroyo<br />
instead of (in favor of) Fernando Poe, Jr. This “technique” was discovered to have been<br />
employed largely in the provinces of Pampanga, Cebu, Iloilo and Bohol (“PCIB”).<br />
The other type of cheating was through the tampering of results in the<br />
certificates of canvass (or “COCs”). This method was resorted to in Mindanao, most<br />
glaringly in Lanao del Sur, when it developed that no matter the tampering of electoral<br />
returns in the PCIB areas, Poe still had a clear winning margin, such that there was<br />
need to offset and reverse these winning results through tampered results elsewhere.<br />
In the reassuring words of Garcillano, “mag-compensate ‘yan sa Lanao”. 65<br />
Both types of fraud were not discovered during the national canvass because<br />
Congress limited examination of results to the contents of certificates of canvass,<br />
refusing to open electoral returns despite repeated objections from the opposition and<br />
simply noting the same instead.<br />
Both types have been described by <strong>for</strong>mer NBI documents expert Segundo<br />
Tabayoyong as belonging to the “second-generation” style of fraud, the first being the<br />
kind that involves tampering directly with the root document, the ballot.<br />
The cheating has turned out to be in the nature of tandem fraud, as both ERs<br />
and COCs show that those tampered in favor of Arroyo had also been tampered in<br />
favor of Noli De Castro.<br />
As analyzed in the presentation of Hermenigildo Estrella, Jr., the uncanny<br />
correspondence – between the conversations of President Arroyo and Garcillano in the<br />
Garci Tapes and the voting results in the Mindanao provinces referred to in these<br />
conversations – confirms the rigging of the PSOVs and COCs in the said areas, which<br />
led to the net effect of more than a million fabricated votes in favor of President Arroyo,<br />
in accordance with her desire, as she had expressly relayed to Garcillano, in the Garci<br />
Tapes. 66<br />
65<br />
It is in Mindanao, specially Lanao del Sur, where historically, canvassing is deliberately delayed precisely to<br />
accommodate cheating that will then allow tampered results to offset unwanted victories elsewhere.<br />
66 No less than Comelec Commissioner Resurreccion Borra admitted at the Senate Committee hearing chaired by<br />
Senator Biazon on April 3, 2006 that, “based on actual and empirical evidence,” there indeed occurred “massive<br />
171
Finally, as revealed in the Garci Tapes – the genuineness of which Tapes have<br />
been admitted by President Arroyo herself, her spokesman Bunye, her then<br />
Environment Secretary Defensor, her lawyer Pedro Ferrer, and her National Security<br />
Adviser Norberto Gonzales – the repeated conversations between President Arroyo and<br />
Comelec Commissioner Garcillano during the counting of votes following the 2004<br />
elections undeniably confirm that President Arroyo used officials and resources of the<br />
Comelec, the Executive Department, and the military to falsify the 2004 election<br />
results in her favor.<br />
The contents of and references in these Garci Tapes conversations have been<br />
independently authenticated through their positive declarations by eyewitnesses Zuce,<br />
Gudani, Mendoza, Balutan, Dalidig, and Rashma Hali, and -- through their admission<br />
by silence or absence of denial and the evasive reactions of some of them as well – by<br />
the various key officials and individuals referred to therein, specially – officials of the<br />
Armed Forces of the <strong>Philippine</strong>s Lt. Gen. Hermogenes Esperon, Lt. Gen. Roy Kyamko 67<br />
and Maj. Gen. Gabriel Habacon, PNP Chief Arturo Lomibao, DPWH Secretary and<br />
<strong>for</strong>mer PNP Chief Hermogenes Ebdane, Comelec officials and personnel -- Comelec<br />
Chairman Benjamin Abalos, Jaime Paz (Comelec Chairman Abalos’ chief of staff), Ellen<br />
Peralta (Garcillano’s <strong>for</strong>mer secretary), Rey Sumalipao (then Lanao del Sur provincial<br />
election supervisor 68 ), and Atty. Lintang Bedol (Provincial Election Supervisor <strong>for</strong><br />
Maguindanao), and Rep. Ignacio Arroyo’s Chief of Staff Gary Ruado, among others.<br />
Following discovery of massive electoral<br />
fraud in the wake of the Garci Tapes,<br />
President Arroyo has caused the implementation<br />
of a grand cover-up, even at the cost of the<br />
people’s liberties, that continues to this day<br />
One would have thought a truly innocent President, who discovers ef<strong>for</strong>ts by<br />
opposition/military members to unjustly oust her from the office to which she was<br />
truly elected through the criminal production and circulation of fabricated tape<br />
recordings falsifying her voice (and that of other officials), would have moved heaven<br />
and earth to have the culprits immediately caught, prosecuted, jailed, disqualified<br />
from public office, and made to pay heavily in damages. 69<br />
cheating” in the 2004 elections. While he hastily clarified over television news the next day that what he said was that<br />
massive cheating (during the 2004 elections) occurred in Lanao del Sur only and that cheating was not in the <strong>for</strong>m of<br />
“dagdag-bawas” but bribery, nevertheless, Commissioner Borra’s statement is an affirmation that massive cheating<br />
did occur in Lanao del Sur.<br />
67<br />
who retired on April 2, 2006 (“Senga still mum on report on generals,” PDI, April 2, 2006, p. A2)<br />
68<br />
promoted after the 2004 elections to Regional Director <strong>for</strong> the ARMM (tsn, Senate Committee On National<br />
Defense And Security, Jadela Cruz, Ii -1, April 3, 2006, 10:43 A.M. 1)<br />
69<br />
Even <strong>for</strong>mer martial law Secretary of National Defense Juan Ponce Enrile is reported to have exclaimed: “‘My<br />
god! We better call the chief of staff, the secretary of Defense. I have served <strong>for</strong> 17 years in the National Defense<br />
and I would never have tolerated this in my time – I’ll kick the asses of the generals!’ Enrile exclaimed. ‘What has<br />
172
But President Arroyo did nothing of the sort.<br />
First she used her spokesman, Bunye, whose job it was, at the press conference<br />
that he called on June 6, 2005, to deodorize the incriminating impact of the Garci<br />
Tapes by attributing its existence to a “destabilization plot.” Bunye announced on this<br />
Day One that Malacañang will at once have the NBI investigate these tapes that he is<br />
presenting to the media because wiretapping is an illegal act. Yet, that was the last<br />
anyone ever heard of any NBI investigation on the Garci Tapes. And then, even as<br />
Bunye had allowed the Malacañang Press Corps then and there to copy his Garci<br />
Tapes CDs, the Secretary of Justice two days later issued the warning that those who<br />
will possess copy of these CDs will be prosecuted <strong>for</strong> violation of R.A. 4200, the Anti-<br />
Wiretapping Law. The National Telecommunications Communication later issued the<br />
same warning 70 .<br />
Bunye having failed to stem the tide of the Garci Tapes, compounded by his<br />
unpersuasive retraction of his admission that her voice in the Tapes is genuine,<br />
President Arroyo herself fired the next cover-up salvo, through no less than her very<br />
own admission and apology, on national television on June 27, 2005. Neither<br />
convinced the Filipino people as any basis at all <strong>for</strong> sweeping the Garci Tapes under<br />
the rug. On the contrary, very serious charges of electoral fraud, graft and corruption,<br />
and violation of human rights were included in the Amended Impeachment Complaint<br />
that was filed twenty-eight days thereafter, on July 25, 2006.<br />
We now know that the June 27, 2005 admission/apology was just a cover-up<br />
the true intent of which was to lull the people into their traditional, cultural tendency<br />
to “just <strong>for</strong>give and <strong>for</strong>get,” because <strong>for</strong>mer Representative Florencio “Butch” Abad has<br />
attested that when the apology flopped in the face of an unconvinced citizenry,<br />
President Arroyo made no bones about her irate displeasure with Cabinet members<br />
who had proposed the strategy in the first place. 71 It was in fact this lack of sincerity,<br />
happened to the system? They do not deserve the accolade of being called intelligence officers, they are<br />
eavesdroppers, nothing more. Voyeurs!’” (“Isafp man’s lover names voices on Garci tapes, Roy Pelovello, Manila<br />
Standard Today / MST Online, January 20, 2006)<br />
And not ever to be <strong>for</strong>gotten is the official line of Bunye himself when first he embarked on his cover-up<br />
press conference on the 6 th of June, 2005. He proclaimed then to the media and thus the entire nation:<br />
70<br />
“Now we wou1d like to express our outrage over the fact that the telephone of the President<br />
has been tapped. This is an illegal act by itself, this is punishable under Revised Penal<br />
Code and the use of this conversation illegally wiretapped and altered all together another<br />
punishable crime.” (emphasis supplied)<br />
Draft Report of the Committees on Public In<strong>for</strong>mation, Public Order and Safety, National Defense and Security,<br />
In<strong>for</strong>mation Communications Technology, and Suffrage and Electoral Re<strong>for</strong>ms on the investigation conducted on the<br />
Garci Tapes<br />
71<br />
In fact her own words betray cover-up of the truth of her participation in the Garci Tapes as the real intent behind<br />
her apology. She stated: “I was anxious to protect my votes and during that time had conversations with many<br />
people, including a Comelec official. My intent was not to influence the outcome of the election, and it did not. As I<br />
mentioned, the election had already been decided and the votes counted.” We are compelled to two observations:<br />
First: If truly she was not the person whose voice was recorded in the Garci Tapes, then, like any sincerely contrite<br />
Filipino, she would have made a full confession, relating her innocent story completely. But on the contrary, after<br />
173
and their realization that the apology was just a sleight of hand to put an end to the<br />
Garci Tapes crisis, that led, among other major reasons, to the resignation of the<br />
Hyatt 10.<br />
As earlier recounted, the resignation statement of the Hyatt 10<br />
pertinently reads:<br />
“On July 5, in a Cabinet meeting a week after her “I am<br />
sorry” speech, the President expressed remorse over her<br />
public statement on the Garci tape, chastised those of us who<br />
insisted on her speaking about the tape and complained that<br />
she drew more flak than public sympathy <strong>for</strong> her apology. We<br />
wondered: Did she make the admission on the Garci tape out<br />
of a sincere desire to tell the truth? Or, was the apology made<br />
out of fear that some Cabinet members might resign if she did<br />
not? Was this the reason why a majority of the people viewed<br />
her public apology as insincere?” 72<br />
Then there was the attempt of then Environment Secretary (now Presidential<br />
Chief of Staff) Michael Defensor to impute to the “destabilizers” the alleged splicing of<br />
the Garci Tapes through the addition of the words “’yong dagdag, ‘yong dagdag,” only<br />
to be scientifically rebuffed by sound expert (and eventual CCTA witeness) Jaime<br />
Sarthou, who explained that it was the Bunye Garci Tapes, not those of Alan Paguia,<br />
that were spliced.<br />
When it became increasingly evident that the populace would truly not be<br />
content without knowing the truth behind the possible massive electoral fraud ignited<br />
by the Garci Tapes, her apology notwithstanding, the developments will show that the<br />
Arroyo administration began to show its true colors.<br />
Instead of digging deep into the controversy and exacting through the enormous<br />
powers of the Presidency all necessary facts and figures to hold accountable all<br />
implicated warm bodies in the Executive Department, the Comelec and the military,<br />
what President Arroyo and her alter-egos did was to utilize carrot and stick with all<br />
their might to divert attention from the anomalies, belittle their significance through<br />
pronouncing the noble words “Tonight, I want to set the record straight. You deserve an explanation from me,<br />
because you are the people I was elected to serve,” President Arroyo saw fit not to disclose to the Filipino people<br />
even just the identity of the Comelec official, much less what exactly they talked about to “protect her votes” and why<br />
there was a need to do so. Second: If what she stated is true -- that the election “had already been decided” and the<br />
“votes (had already been) counted” when she talked to the Comelec official -- then why, in the first place, did she<br />
have to talk to the Comelec official at all? In what sense and exactly how did she imagine that a single Comelec<br />
official could “protect her votes?” The inscrutable quality of her apology/admission thus <strong>for</strong>tifies the only conclusion<br />
that makes sense, i.e., it was a cover-up <strong>for</strong> the truth of her role in the Garci Tapes.<br />
72<br />
“Survival-At-All-Cost (Or, How To Run One’s Country to the Ground),” Hyatt 10 statement read by <strong>for</strong>mer<br />
Education Secretary Florencio “Butch” Abad at the August 30 <strong>for</strong>um of the Black & White Movement (see p. 101<br />
hereof)<br />
174
confusion and deception, and suppress all other legitimate, nay, even official,<br />
investigation and inquiry.<br />
Thus came the Tabayoyong raid, the unofficial, unpublished but brusquely<br />
practiced policy of “calibrated pre-emptive response” in the crushing of all manner of<br />
peaceful assembly and petition <strong>for</strong> redress of grievances under the dubious umbrella<br />
of the martial law edict B.P. 880, the great conspiracy that made possible the great<br />
escape of the suspect at the center of the storm, Virgilio Garcillano, the killing of the<br />
impeachment complaint by pure technicality in the face of massive popular demand<br />
<strong>for</strong> honest inquiry, the issuance of E.O. 464 which gagged the Senate and allowed<br />
Executive Department officials, high or low in rank, to ignore summonses and<br />
invitations in legislative inquiries (including even as fundamental an activity as a<br />
budget hearing), and of course. Of course there is good ground <strong>for</strong> the suspicion that<br />
the breathing space provided him with time to fabricate, as confirmed by the recent<br />
filing of charges against him <strong>for</strong> falsification, perjury, and violations of the Passport<br />
Act of 1996 by no less than members of the House of Representatives. And seeming<br />
like a culmination, there was Presidential Proclamation 1017, in the wake of which<br />
was a systematic deluge of constitutional and statutory, even criminal, violations of<br />
the Filipino people’s basic democratic rights, including those that are the lifeblood of<br />
the media, that democratic institution we call the Fourth Estate because of its role as<br />
pillar of freedom.<br />
In the realm of common-sense, as in the field of evidence, this systematic and<br />
willful suppression of evidence by President Arroyo makes inevitable the presumption<br />
that the motive behind the suppression is the fact that the evidence, if produced, will<br />
be adverse to her interest – i.e., will incriminate her. 73 The wide, tenacious swath and<br />
spread of coinciding, complementary ef<strong>for</strong>ts that she leads to cover up crimes and<br />
constitutional violations leads to no other conclusion than guilt.<br />
On top of the <strong>for</strong>egoing official behavior and attitude of President Arroyo’s<br />
administration that clearly favors obfuscation, evasion and prevarication to downright<br />
falsification of the truth and the suppression of the citizens’ cherished, inalienable<br />
freedoms and liberties whenever focused on anomalies and wrongdoing, we find it to<br />
be the height of insolence and arrogance – and the ultimate insult to the democratic<br />
notion of accountability to the citizenry -- that erring public servants are even<br />
rewarded with official promotion, while whistle-blowers who risk life, limb and<br />
livelihood <strong>for</strong> truth are prosecuted and subjected to blackmail or persecution. The<br />
generals implicated in the Garci Tapes have continued to be assigned to command<br />
posts 74 , while Brig. Gen. Gudani and Col. Alexander Balutan are both undergoing<br />
73<br />
As <strong>for</strong>mer Commissioner of Customs Ramon Farolan asks, not without a hint of exasperation: “Why is it that the<br />
authorities are so quick to pounce on people like Soliman, David and Montaño, and yet we don’t see any<br />
such resolute action being taken on characters like Virgilio Garcillano, Joc-Joc Bolante or Benjamin Abalos?<br />
If it was true that Garcillano was in the country all the time, why could not our police authorities track him down <strong>for</strong> so<br />
long? It was as though some people wanted some time <strong>for</strong> sentiments to cool down be<strong>for</strong>e presenting him. Has the<br />
government exhausted all means to get Bolante back so he could testify on the P728-million fertilizer scandal? Has<br />
his passport been cancelled, and have we asked <strong>for</strong> assistance in bringing him back to the country?” (“First They<br />
Came For The Communists,” Ramon J. Farolan (Reveille), PDI-Opinion, March 26, 2006, Sunday, p A13; emphasis<br />
supplied)<br />
74<br />
While the promotion of then AFP Deputy Chief of Staff <strong>for</strong> Operations Brig. Gen. Hermogenes Esperon to<br />
Lieutenant General is pending confirmation by the Commission on Appointments, he is referred to as the imminent<br />
175
court-martial <strong>for</strong> having defied E.O. 464 75 , Atty. Samuel Ong is under threat of arrest<br />
purportedly <strong>for</strong> violation of the Anti-Wiretapping Law, and T/Sgt. Vidal Doble was<br />
compelled to recant because of pressure upon him and his family from the ISAFP.<br />
Incidentally, to public knowledge, Atty. Ong is the only person threatened with<br />
arrest 76 , even as millions of Filipinos (Senators and Representatives included) will have<br />
also violated the Anti-Wiretapping law (with Presidential Spokesman Bunye as the<br />
very first offender last June 6, 2005) – <strong>for</strong> having listened to, or played, or procured<br />
copies of, or distributed or circulated the Garci Tapes or at least a portion thereof – if<br />
the latter’s contents are genuine conversations that have really been wiretapped. On<br />
the other hand, a candid appreciation of the nature, tenor, motive and details of<br />
T/Sgt. Doble’s alleged recantation, together with the explanation of his <strong>for</strong>mer<br />
girlfriend Marieta Santos, nevertheless leads us to conclude that the Garci Tapes are<br />
genuine, specially as certain of Doble’s sworn Senate statements (to supposedly<br />
reaffirm the recantation) humongously defy basic logic -- <strong>for</strong> instance, when Sgt. Doble<br />
admitted the transfer to his possession of P2 million (from the possesson of Atty.<br />
Samuel Ong) but at the same time denied receipt thereof, then mightily tried to explain<br />
the mystery by saying that while it was given to him he did not receive it, and then<br />
saying that even as he did receive the gargantuan amount he does not know at all why<br />
it was given to him in the first place.<br />
Even as the administration’s very own Justice Secretary has already admitted<br />
that the root of this nation’s destabilization is the continued and continuing nonresolution<br />
of the crisis of the Garci Tapes which casts doubt on the legitimacy of the<br />
President’s mandate, President Arroyo took time (since October, 2005) to release the<br />
Mayuga Report 77 . And when finally released, it was timed on April 12, 2006, Holy<br />
Wednesday 78 , and then only to absolve AFP generals Esperon, Habacon and Kyamko,<br />
despite overwhelming evidence on their complicity.<br />
Worse, it had the gall to include Brig. Gen. Francisco Gudani as among those<br />
charged with irregularity – when Brig. Gen. Gudani is precisely the officer and<br />
gentleman who exposed the illegal machinations in Lanao del Sur that the<br />
successor of AFP Chief of Staff Generoso Senga. Arturo Lomibao, on the other hand, was appointed Chief of the<br />
<strong>Philippine</strong> National Police on March 14, 2005. Maj. Gen. Gabriel Habacon is now the Southern Command chief,<br />
taking over from now retired Lt. General Roy Kyamko, who held the post during the 2004 elections. On the other<br />
hand, since 2005, Col. Pirino has been the commander of the Armed Forces Reserve Command headquartered in<br />
Pagadian. (“Lanao’s Dirty Secrets,” Sheila S. Coronel (with additional reporting by Booma C. Cruz and “The Probe<br />
Team”), PCIJ i Report, November-December 2005, pp. 6-11)<br />
75<br />
tsn, hearing of Senate Committee On National Defense And Security, Aliccatimbang 1-1, April 3, 2006<br />
76<br />
As recounted in the timeline, Justice Secretary Raul Gonzalez declared in an interview, after the NBI had filed<br />
sedition charges against Samuel Ong on June 15, 2005, that wiretapping charges will follow, saying: “I’ll stake my<br />
reputation here.” (see p. 9)<br />
77<br />
We cannot help but point out that this pattern of delayed reporting and response, on the very matters that require<br />
strict and utmost accountability to the Filipino people, exacerbates suspicions of whitewash and sanitizing <strong>for</strong> damage<br />
control. This pattern is manifest in President Arroyo’s June 27, 2004 apology, and Garcillano’s and Bolante’s evasion<br />
of legislative inquiry.<br />
78<br />
perhaps quite strategically, as part of “news management,” Rep. Roilo Golez has commented. (newscast, ANC,<br />
April 12, 2006)<br />
176
Comelec/military waged against the 1 st Marine Brigade just to allow cheating in favor<br />
of President Arroyo. This, to us, is an illustration yet again of the nature and level of<br />
morality and ethics, the real political code and culture, in the administration of<br />
President Arroyo. What this facet of the Mayuga Report shows is a government<br />
culture and ethic that considers and treats a whistle-blower – who tells his<br />
countrymen the truth about constitutional and criminal violations – as an enemy.<br />
And the worst part is that it illustrates how, in this country today, the arrogance of<br />
power has zoomed to such an extent that human notions of decency and of right and<br />
wrong are degraded to their basest by power-wielders even to one’s face.<br />
Likewise, instead of causing the filing of charges against Undersecretary<br />
Jocelyn Bolante and all other executive officials involved in the Ginintuang<br />
Masaganang Ani plunder, it is on record that President Arroyo, her Justice Secretary,<br />
her Department of Agriculture Secretary, nay, the entire executive department, and in<br />
fact the Ombudsman herself, have chosen not to lift a finger.<br />
Finally, the complaints, protests and objections of human rights victims and<br />
organizations against him notwithstanding, President Arroyo has pointedly<br />
encouraged <strong>for</strong>mer Col. Jovito Palparan by promoting him to Major General on<br />
December 15, 2005, and then issuing to him the Distinguished Star Award on March<br />
20, 2006.<br />
But ultimately the most dangerous cover-up device that President Arroyo is<br />
resorting to is that political exercise known as Cha-Cha.<br />
Charter Change as the ultimate cover-up to<br />
permanently avoid accountability to the people<br />
It was as early as in July 25, 2005, during her State of the Nation address, that<br />
she proclaimed her discovery of charter change as the cure-all <strong>for</strong> this country’s<br />
problems that she will there<strong>for</strong>e single-mindedly pursue. On this occasion she dwelt<br />
on the need to revise the 1987 Constitution of the Republic, and completely ignored<br />
the single question in the minds and hearts of her people: what about the truth<br />
behind the Garci Tapes?<br />
Her Interior and Local Governments Secretary consistently denies that she has<br />
prevailed upon the resources of the entire executive branch of government, and in fact<br />
the Comelec, in a scramble to revise the Constitution of the Republic by way of a<br />
people’s initiative. However, when we consider how organized, well-financed groups<br />
and <strong>for</strong>ces have most suddenly emerged, from simply out of the blue, to jump-start<br />
and then fast-track the current signature drive, no matter that this process<br />
contravenes the Constitution itself and jurisprudence 79 , and no matter how the<br />
79<br />
In an apparent response to the swirling confusion generated by the signature campaign, the Supreme Court<br />
confirmed on March 29, 2006 that there is at present no enabling law on the basis of which the Constitution may be<br />
validly revised by way of a people’s initiative, the previous law (Republic Act No. 6735) having already been declared<br />
invalid by it in the 1997 case of Santiago v. Comelec. (In the latter case, the Supreme Court had likewise ruled that<br />
Resolution No. 2300 of the Comelec, promulgating rules and regulations to carry out the purposes of the law, is by<br />
177
“charter change express” ignores all basic requirements whether as to budget<br />
availability or normal consultative timetables (even by the standards of the Comelec<br />
itself 80 ) and railroads all considerations of substantive and procedural due process, 81<br />
then we find, by elementary logic and common sense, that all roads ineluctably lead to<br />
her as main sponsor and beneficiary of the campaign. 82<br />
We think these pre-meditated events render inevitable the conclusion that<br />
President Arroyo must indeed have a very personal stake in the victory of this project.<br />
And we find no difficulty in perceiving that her ulterior motive <strong>for</strong> this<br />
inscrutably frantic desideratum lies in the fact that her automatic constitutional<br />
installation as President, through a transitory provision in the proposed new<br />
constitution, will provide leeway <strong>for</strong> her to argue, no matter how tenuously, that all<br />
charges of electoral fraud and crime relating to her assumption of the presidency in<br />
2004, graft and corruption, and violations of human rights – impeachable offenses all<br />
– will have thereby been rendered moot and academic, by dint of ratification by the<br />
people in the plebiscite. 83<br />
What the nation will then have will be a parliament dominated by President<br />
Arroyo through her allies, not unlike the present House of Representatives that<br />
the same token invalid, the supposed delegation of the power to do so in favor of the Comelec having sprung from an<br />
invalid law.)<br />
The decision also permanently enjoined the Comelec from entertaining any petition <strong>for</strong> an initiative on contitutional<br />
amendments until a sufficient law shall have been validly enacted to provide <strong>for</strong> the implementation of the system.<br />
80<br />
According to Comelec Commissioner Resurreccion Borra himself, testifying be<strong>for</strong>e Senator Biazon’s Committee<br />
on April 3, 2006, the Comelec’s Finance Services Department has stated that verification of signatures alone will<br />
entail a minimum cost of P1 billion, <strong>for</strong> which the Comelec has no budget. Neither, he added, does the Comelec<br />
have any budget <strong>for</strong> a plebiscite, the cost of which will be at least P2.6 billion. Nor is this amount covered by the<br />
budget proposed by the DBM, which is only P2.1 billion. Likewise according to Commissioner Borra, a preparatory<br />
period of at least six months is required <strong>for</strong> any national electoral exercise, such that the chances <strong>for</strong> the holding of a<br />
(bona fide) plesbiscite by July, 2006 is “impossible.” (Hearing of Senate Committee on National Defense and<br />
Security, ANC live telecast, April 3, 2006)<br />
81<br />
Interviews of citizens, aired on national television, reveal that they signed without knowing, much less<br />
understanding, what they signed. (television newscasts, March 23, 2006)<br />
82<br />
specially considering her latest public pronouncement, big and bold, that those who will not ride the charter<br />
change train will get run over ("GMA rides Cha-cha train… `It's time <strong>for</strong> old-time politicians to stand back or get run<br />
over," Gil C. Cabacungan, Jr. and TJ Burgonio, PDI, March 31, 2006, p. A1)<br />
83<br />
In the words of Prof. Randolph David: “…serious advocates of the rewriting of the Constitution know that a<br />
basic requirement <strong>for</strong> doing it right is the insulation of the process from the narrow objectives of partisan<br />
politics. Right now, it is such objectives that are driving the “Charter Express.”<br />
It is obvious what these are. The first is to abolish the Senate, the only branch of government that has<br />
dared to investigate criminal charges against Ms Arroyo with persistence and independence. It is this Senate<br />
that will automatically constitute itself as an impeachment court the moment an impeachment complaint obtains a<br />
one-third vote in the House of Representatives. The second is to lay to rest, once and <strong>for</strong> all, the legitimacy<br />
questions that have hounded Ms Arroyo’s presidency since 2001, and all the criminal charges arising from<br />
the fraudulent conduct of the 2004 elections.<br />
Clearly, Charter change, by hook or by crook, is Ms Arroyo’s last card in her bid to survive till 2010 and<br />
avoid prosecution and imprisonment at the end of her term.<br />
178
quashed the impeachment complaints against her by sheer technicality, but this time,<br />
absolutely free of a counterchecking Senate. Such a parliament can then legislate to<br />
the maximum in its and President Arroyo’s favor, and even amend the Constitution in<br />
any way and as often as it may wish by simply converting itself into a constituent<br />
assembly. Other countries and nation-states may have survived in this manner, but<br />
the recent example of Thailand drives home the difference. 84<br />
Insofar as any danger might be intuited given these premises, even New Yorkers<br />
have felt the time ripe to call the modern world's attention to our plight.<br />
"Filipinos thought they had put an end to electoral chicanery and<br />
governmental intimidation when they overthrew the Marcos dictatorship<br />
two decades ago.<br />
xxx xxx xxx<br />
Mrs. Arroyo is no Ferdinand Marcos, at least not yet. But this one-time<br />
re<strong>for</strong>mer is reviving bad memories of crony corruption, presidential voterigging<br />
and intimidation of critical journalists. Unless the <strong>Philippine</strong><br />
Congress and courts find ways to rein in her increasingly<br />
authoritarian tendencies, democracy itself may be in danger." ("New<br />
York Times editorial: Dark Days <strong>for</strong> RP Democracy," published online<br />
April 5, 2006; <strong>Philippine</strong> Daily Inquirer, April 6, 2006, p. A1 & p. A17;<br />
emphasis supplied)<br />
On top of this dark cloud overhanging the legitimacy per se of President<br />
Arroyo’s assumption of the post of Chief Executive, further brood the overwhelming<br />
evidences of plunder on two counts -- with official documents splayed be<strong>for</strong>e the<br />
Senate, as regards the Ginintuang Masagang Ani funds, and be<strong>for</strong>e the CCTA, as<br />
regards the OWWA funds – as well as culpable violation of the Constitution, in the<br />
execution of the Venable contract.<br />
And of course, there is the unconscionable, unpardonable violation of the most<br />
significant of recognized developments in modern civilization – human rights.<br />
But more than the depredation and pillage of the human, financial and natural<br />
resources of this country, certainly the most mortal of this present administration's<br />
sins is its unrepentant, almost gleeful espousal of spiritual decay in its abetting of a<br />
values system that extols evil over good, turns our historical nobility and innate<br />
morality as a people on its head, debases and exploits the materially and intellectually<br />
poor majority as grovelling subjects – in violation of their rights and dignity as<br />
sovereign citizenry – and sanctions in lieu of basic human decency a culture that<br />
considers as perfectly acceptable any practice and technique of survival no matter how<br />
base, such that lying, cheating, stealing, bribery, opportunism, corruption, power<br />
play, blackmail, harassment, and violation of constitutional and human rights and<br />
outright persecution and crime are normal and simply par <strong>for</strong> the course.<br />
84<br />
A deep sense of national identity and national self-respect that includes a reverence <strong>for</strong> the country’s institutions,<br />
a national values system in which preservation of country is a priority above all else, political and cultural maturity, all<br />
translating to a genuine love of country – these were key to Thai Prime Minister Thaksin Shinawatra’s self-sacrificing<br />
resignation. In our country’s situation today, we have no doubt that it is the opposite that obtains.<br />
179
In other words, survival at all cost – this has been the creed of this<br />
administration.<br />
RECOMMENDATION<br />
From a consideration of all the facts and findings disclosed in this study<br />
through the ef<strong>for</strong>ts of the CCTA, the Senate, all the courageous witnesses and the<br />
Filipino people, we most seriously believe that the above scenario will subject to the<br />
greatest risk, and perhaps irretrievably <strong>for</strong> a very long time, the democracy and<br />
national well-being that our people have fought <strong>for</strong> ever since Jose Rizal, and which<br />
has turned ever so fragile since the Marcos dictatorship.<br />
For that kind of risk we do not think any justification exists that can be<br />
<strong>for</strong>given by our children, and their posterity. It is <strong>for</strong> their sake, and their right to have<br />
us preserve <strong>for</strong> them our homeland we call the <strong>Philippine</strong>s, that we make no less than<br />
the following recommendations.<br />
We recommend -<br />
1. That Gloria Macapagal-Arroyo immediately vacate the Office of the President so<br />
that she can be held accountable <strong>for</strong> her acts constituting betrayal of public<br />
trust, graft and corruption, bribery and culpable violation of the Constitution.<br />
2. To work <strong>for</strong> the creation of an official process that will pave the way <strong>for</strong> genuine<br />
truth-seeking and determination of culpability of other officials involved in<br />
electoral fraud, graft and corruption. The successor government will be urged to<br />
investigate and prosecute those who are involved in these acts<br />
3. To work <strong>for</strong> the filing of all necessary actions – constitutional, criminal, civil and<br />
administrative – in the proper bodies, courts and agencies that the evidence<br />
may be capable of supporting and accordingly, in the event of liability and/or<br />
conviction, the imposition of all consequent penalties, damages, and sanctions<br />
that are commanded by any and all laws that may have been violated;<br />
4. To issue a statement urging the international community to withdraw aid and<br />
recognition from the Arroyo government;<br />
5. To call <strong>for</strong> the amendment of all laws necessary to reflect the fundamental<br />
democratic precept of people’s rights and sovereignty including re<strong>for</strong>ms in<br />
electoral laws and institutions, re<strong>for</strong>ms in the criminal justice system towards<br />
the elimination of impunity, and enhancing peoples’ participation in<br />
governance.<br />
6. To campaign against the current move to revise the Constitution as this will<br />
cover-up and set aside the very issues raised in the CCTA against Pres. Arroyo<br />
and hinder the re<strong>for</strong>ms recommended by the CCTA.<br />
180
7. To conduct other actions and activities in pursuit of the objectives of the CCTA<br />
and to work <strong>for</strong> the realization of its recommendations.<br />
The following are some of the charges that the evidence seems to warrant and<br />
ought there<strong>for</strong>e to be filed against all who appear to be responsible, individually or in<br />
conspiracy --<br />
On Electoral Fraud and Graft and Corruption<br />
Cheating<br />
Cover-Up<br />
Culpable violation of the Constitution, graft and corruption, bribery, betrayal of<br />
the public trust and other high crimes that are the bases <strong>for</strong><br />
impeachment<br />
Falsification of public documents (Art.'s 171 & 172, RPC), re tampering of<br />
election returns and certificates of canvass<br />
Bribery (Art.'s 210-212, RPC), re meeting at La Vista with Comelec officials and<br />
admission of Garcillano re P300 million from Bong Pineda<br />
Offenses under election laws, re tampering of election returns and certificates of<br />
canvass, improper use of public funds and resources, electioneering<br />
Anti-Graft and Corrupt Practices Act (R.A. 3019)<br />
Culpable violation of the Constitution and betrayal of the public trust that are<br />
the bases <strong>for</strong> impeachment<br />
Violation of the law on Obstruction of apprehension and prosecution of criminal<br />
offenders (P.D. 1829), re concealment of Garcillano<br />
Falsification of public documents (Art.'s 171 & 172, RPC), violation of Passport<br />
Act of 1996, perjury, re Garcillano's passport<br />
Arbitrary detention by detaining a person without legal ground (Art. 124, RPC),<br />
re arrest of Prof. Randolph David, Corazon Soliman and others)<br />
Violation of domicile (Art. 128, RPC) and Searching domicile without witnesses<br />
(Art. 130, RPC), re the Tabayoyong raid<br />
Prohibition, interruption, and dissolution of peaceful meetings (Art. 131, RPC)<br />
Electioneering<br />
Culpable violation of the Constitution and betrayal of the public trust that are<br />
the bases <strong>for</strong> impeachment<br />
Offenses under election laws, improper use of public funds and resources,<br />
electioneering<br />
Anti-Graft and Corruption Law (R.A. 3019)<br />
Law on Plunder<br />
181
FINDINGS ON THE ISSUE OF<br />
POLITICAL KILLINGS AND<br />
OTHER FORMS OF<br />
HUMAN RIGHTS VIOLATION<br />
On 15 November 2005, the third day of the CCTA proceedings, the lawyerpresenters<br />
offered testimonial and documentary evidence on the true human rights<br />
situation in the country under the regime of President Gloria Macapagal-Arroyo,<br />
covering the period of January 20, 2001, the time she assumed the presidency, up to<br />
the present. It was shown that perpetrators of violations of human rights are the<br />
military, police and other agents of the state; while the victims are mostly activists,<br />
militants, journalists and people from various sectors seeking meaningful re<strong>for</strong>ms in<br />
<strong>Philippine</strong> society.<br />
Seven key witnesses were presented. They were: MARIE ENRIQUEZ, an expert<br />
on human rights with extensive experience and unwavering commitment as a human<br />
rights activist since the martial law era; RENE GALANG, president of the 5,300-strong<br />
United Luisita Workers’ Union (ULWU) that fell victim to union busting by the<br />
Hacienda Luisita management and witness to the bloody massacre of striking workers<br />
by the combined <strong>for</strong>ces of the military, police and private army of the management;<br />
ADELIZA ALBARILLO who at the age of ten saw by her very own eyes the cold-blooded<br />
murder of her parents perpetrated by the military; CRISTINA ABALOS, whose father<br />
was abducted by the military and to date remains missing; RICHARD MARGALLO, a<br />
farmer survivor of the November 21, 2005 Palo, Leyte massacre perpetrated by the<br />
military; and, Bayan Muna Party-list Representative SATUR OCAMPO who on various<br />
occasions had the opportunity to personally speak with Pres. Arroyo and brought to<br />
her attention the politically-motivated extrajudicial killings, <strong>for</strong>ced disappearance,<br />
torture and other <strong>for</strong>ms of human rights abuses committed by the military, police and<br />
paramilitary <strong>for</strong>ces.<br />
National Human Rights Situation<br />
MARIE H. ENRIQUEZ, 52 years old, testified that she has been a human rights<br />
worker/advocate since the Marcos dictatorship when she herself, together with four<br />
members of her family, was tortured while under illegal detention. Her sister was<br />
killed in Camp Crame in 1973. After Marie’s release from unlawful detention in 1976,<br />
she decided to work full time <strong>for</strong> the promotion of human rights.<br />
She was a founding member of the now defunct Kapisanan ng mga Kamaganak<br />
at Kaibigan ng mga Bilanggong Political (KAPATID). She was also a member of<br />
Samahan ng mga Ex-Detainee Laban sa Detention at para sa Amnestiya (SELDA) and<br />
was also <strong>for</strong>merly with the <strong>Philippine</strong> Alliance on Human Rights Advocate (PAHRA).<br />
She has attended and spoken at numerous international conferences on human<br />
rights. She is one of the prime movers of the human rights class action suit against<br />
182
Marcos, which was heard by the Hawaii Federal Court. She also <strong>for</strong>mally submitted<br />
SELDA’s opposition to the settlement agreement proposed by the Marcos family.<br />
She is currently the secretary-general of the Alliance <strong>for</strong> the Advancement of<br />
People’s Rights (KARAPATAN) which was established in 1995. As a human rights<br />
watchdog in the country, KARAPATAN, with its 15 regional chapters, undertakes<br />
painstaking investigation and documentation of all human rights violations<br />
perpetrated by the military, police and paramilitary <strong>for</strong>ces <strong>for</strong> the purpose of exposing<br />
these abuses and demanding justice <strong>for</strong> the victims. KARAPATAN provides paralegal<br />
services and other <strong>for</strong>ms of assistance to victims, actively participates in legislative<br />
sessions with regard to matters concerning human rights issues including pushing <strong>for</strong><br />
legislation that advances human rights protection, and prepares human rights reports<br />
to the <strong>Philippine</strong> Commission on Human Rights and to the United Nations. functions.<br />
Through a video presentation, Ms. Enriquez showed the worsening state of<br />
human rights under the Arroyo administration in just a span of more than four years.<br />
From January 21, 2001 to September 30, 2005, KARAPATAN had documented 4,692<br />
cases of human rights violations. Individual victims already numbered 262,036.<br />
28,699 families and 460 communities also fell victim to these violations. In so short a<br />
time, 411 victims of summary execution, 130 victims of abduction and involuntary<br />
disappearance, 245 victims of torture, 1,563 victims of illegal arrest, and 1137 victims<br />
of arbitrary detention have been recorded. Thousands others are victims of threats,<br />
harassment, intimidation, <strong>for</strong>cible evacuation and displacement due to continuing<br />
military operations as part of the government’s counter-insurgency campaign.<br />
The Arroyo administration’s human rights record shows that the victims are<br />
human rights workers and lawyers, journalists, priests, church workers, even local<br />
government officials, peasant and trade union leaders, and leaders and members of<br />
people’s organizations. What is common to all of them is that they are either leaders,<br />
members or supporters of progressive mass/people’s organizations opposed to the<br />
political and economic policies of the government. Moreover, witnesses point to the<br />
military, police and paramilitary <strong>for</strong>ces and death squads suspected of being under the<br />
direction of these state <strong>for</strong>ces, as the perpetrators of human rights violations. In most<br />
cases, the assassins are motorcycle-riding men wearing bonnets and ski masks; the<br />
get-away vehicles used such as motorcycles bear no license plate number.<br />
Ms. Enriquez pointed out that the violations are centrally directed and manifest<br />
a clear and systematic pattern, showing a state policy of deliberately sowing terror on<br />
the civilian population. In extrajudicial killings, <strong>for</strong> instance, a victim is first placed<br />
under heavy surveillance. Then he or she is intimidated or harassed. In most cases,<br />
the victim is subjected to campaign of vilification and is demonized and tagged as an<br />
“enemy of the state” or a “terrorist.” A concrete illustration of demonization is the<br />
release by the military of a power point presentation entitled Knowing the Enemy and<br />
of the book entitled Trinity of War. The first, wherein the ISAFP labels certain<br />
progressive groups and organizations, church institutions, journalist groups and<br />
individuals as “enemies of the state,” was initially distributed to the media by the AFP-<br />
Northern Luzon Command (AFP-NOLCOM) on 22 January 2005. The second contains<br />
a list of leaders, members and supporters of mass organizations and progressive<br />
party-list groups tagged as “communist.” One of those named is Tarlac City Councilor<br />
Abelardo Ladera, a Bayan Muna member, who was assassinated on 3 March 2005.<br />
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Thus, suspicion is rife that such listing constitutes a virtual “hit list” <strong>for</strong> the military,<br />
police, paramilitary <strong>for</strong>ces and other kinds of “death squads” under the control of state<br />
<strong>for</strong>ces.<br />
According to Ms. Enriquez, the brazenness and absolute impunity with which<br />
these human rights violations are carried out demonstrates the intensifying political<br />
repression under the Arroyo government. Worse, not a word has been heard from<br />
Pres. Arroyo categorically condemning the a<strong>for</strong>ementioned attacks on the democratic<br />
and human rights of the people. Her keeping close to absolutely mum on the issue<br />
leads to no other conclusion than that she has full knowledge of these human rights<br />
violations and abuses and actually tolerates, if not implements, this state policy, she<br />
being the commander-in-chief of the Armed Forces of the <strong>Philippine</strong>s and the<br />
<strong>Philippine</strong> National Police.<br />
Workers’ Repression<br />
A clear example of the politically repressive policy of the Arroyo government that<br />
has alarmed even the international community is the callous massacre of striking<br />
farm and mill workers of the Hacienda Luisita in Tarlac City, owned and managed by<br />
the big landlord Cojuangco-Aquino clan. Until now the victims, their families and<br />
supporters cry out <strong>for</strong> justice against the blatant violation of the workers’ rights<br />
committed by the Arroyo regime including its military, police and paramilitary agents<br />
in collusion with the hacienda owners/managers.<br />
RENE GALANG, who has been working <strong>for</strong> 23 years as a farm worker in the<br />
sprawling hacienda that mainly grows sugar cane and includes a sugar central,<br />
became president of the United Luisita Workers’ Union (ULWU) on June 2004. Prior to<br />
his election as president, ULWU was a yellow union subservient to the dictates and<br />
whims of the management.<br />
Mr. Galang recounted that on 6 November 2004, the workers belonging to<br />
ULWU and the Central Azucarera de Tarlac Labor Union (CATLU) simultaneously<br />
launched a strike to <strong>for</strong>ce management to heed their legitimate economic demands,<br />
such as an increase in wages and other better terms and conditions of employment.<br />
ULWU also demanded the reinstatement of officers and members laid off as part of<br />
management’s union busting ef<strong>for</strong>ts. Their strike also highlighted the fraudulent<br />
scheme called the Stock Distribution Option (SDO) adopted by the hacienda<br />
owners/management to deprive their farm worker-beneficiaries of their right to own<br />
their land as mandated by the government’s Comprehensive Agrarian Re<strong>for</strong>m Law. By<br />
a combination of misrepresentation and intimidation, the owners/management had<br />
hoodwinked the farm worker-beneficiaries into believing that the SDO would improve<br />
their lives. In reality, though, the stock distribution scheme has only further<br />
impoverished them.<br />
Mr. Galang testified that their filing of a petition in 2003 seeking the<br />
revocation/nullification of the SDO in Hacienda Luisita may have been the reason <strong>for</strong><br />
his illegal dismissal from work.<br />
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He narrated that on 6, 7 and 15 November 2004, despite their peaceful strike,<br />
hundreds of police officers attempted to break up the picket line using tear gas, water<br />
cannon, truncheons and later firearms, which seriously injured many strikers.<br />
Despite the threat of an impending bloody dispersal, the strikers nevertheless<br />
stood their ground. On the other hand, President Macapagal-Arroyo and her<br />
government simply turned a cold shoulder to the plight of the striking workers. Her<br />
deafening silence was interpreted as acquiescence to the police violence in Hacienda<br />
Luisita. Worse, her alter ego at the Department of Labor and Employment (DOLE),<br />
Secretary Patricia Sto. Tomas, issued an Assumption of Jurisdiction Order (AJ) on 10<br />
November 2004. Although it was issued solely against Central Azucarera de Tarlac<br />
Labor Union (CATLU), curiously, said AJ was <strong>for</strong>cibly served upon ULWU. More<br />
strangely, the Labor Secretary deputized not only the police but also the Armed Forces<br />
in the full implementation of the AJ.<br />
To avert further violence perpetrated against the strikers, in the morning of 16<br />
November 2004, the respective officers of ULWU and CATLU, Mr. Galang included,<br />
went to the Makati residence of <strong>for</strong>mer Congressman Peping Cojuangco, one of the<br />
owners of Hacienda Luisita. Their purpose was to negotiate with the <strong>for</strong>mer<br />
congressman and his wife to spare the people from the looming violent and bloody<br />
dispersal of the strike as enunciated in the AJ. Insisting that the ULWU officers no<br />
longer had any personality to talk with them because they were deemed dismissed,<br />
Mr. Cojuangco and his wife denied the ULWU officers entry into their house.<br />
No agreement was reached during the negotiation. Mr. Cojuangco stood firm on<br />
his stance to leave the matter to the decision of the DOLE. Thus, the union officers<br />
went back to the picket lines in Hacienda Luisita. They noticed the presence of<br />
hundreds of PNP elements and AFP soldiers in full battle gear positioned inside the<br />
sugar mill compound. The state <strong>for</strong>ces were aided by two armored personnel carriers<br />
(APCs), two pay loaders and four fire trucks. Only the steel gate at Gate 1 of the sugar<br />
mill separated the combined military and police <strong>for</strong>ces from the strikers.<br />
Immediately thereafter and without any negotiation taking place between the<br />
strikers and the dispersal teams, the latter assaulted the strikers. The raw video<br />
footage presented by Mr. Galang shows that the dispersal teams blasted the strikers<br />
with water from the fire trucks which stung their skin. Tear gas was also used against<br />
the strikers. Failing to crush the picket line, the dispersal teams commandeered an<br />
APC that was used to ram the steel gate separating the state <strong>for</strong>ces and the strikers.<br />
When the gate was smashed open, the people started throwing stones or anything they<br />
could put their hands on at the APC to thwart the attempt to disperse them. The<br />
video footage shows the strikers and their supporters raising their hands in jubilation<br />
after their defensive actions caused the APC to retreat. Shortly after, successive<br />
gunshots were heard as the state <strong>for</strong>ces indiscriminately fired upon the people. Every<br />
one scampered and ran <strong>for</strong> cover. Thereafter, seven strikers lay dead while a number<br />
of others sustained gunshot wounds, many of them severe. A little while later, more<br />
than a hundred other strikers were illegally arrested and arbitrarily detained en masse<br />
by the military and the police, not sparing women, one of whom was seven months<br />
pregnant.<br />
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Mr. Galang explained that the violent dispersal and bloody massacre did not<br />
put an end to the gross violations of the rights of the striking workers, their families<br />
and supporters. On the contrary, the Cojuangco-Aquino family -- in conspiracy with<br />
the military and police authorities and utilizing paramilitary groups such as the<br />
Civilian Armed Forces Geographical Units (CAFGU) and other hired agents/gunmen --<br />
has continued to harass and threaten as well as abuse the rights of the hacienda<br />
workers and their families.<br />
On the night of 8 December 2004, Marcelino Beltran, a key witness to the<br />
massacre was brutally murdered in his home in a remote village in Tarlac.<br />
On the night of 5 January 2005, hacienda workers George Loveland and<br />
Ernesto Ramos were seriously injured when still unidentified armed bodyguards of<br />
Rep. Benigno “Noynoy” Aquino attacked them and other striking workers manning the<br />
picket line outside the Las Haciendas gate of Hacienda Luisita.<br />
On 3 March 2005, Abelardo Ladera, a duly-elected councilor of Tarlac City, a<br />
member of Bayan Muna and a staunch supporter of the Hacienda Luisita strike, was<br />
felled by a single gunshot to the chest while he was buying some spare parts <strong>for</strong> his<br />
vehicle.<br />
On 13 March 2005, Fr. William Tadena of the Iglesia Filipinas Independiente<br />
(<strong>Philippine</strong> Independence Church) and also a strong supporter of the strike, was<br />
likewise gunned down after officiating mass in Tarlac.<br />
Another peasant strongly supporting the strikers, Victor Concepcion, was<br />
likewise summarily executed in his house.<br />
More recently, on the night of 25 October 2005, while resting in a hut near his<br />
house and after personally distributing the unpaid earned wages and benefits of the<br />
sugar mill workers, Ricardo Ramos, president of CATLU and village chairman of Brgy.<br />
Mapalacsiao, Tarlac City, was also brutally gunned down.<br />
Villages in the hacienda have become heavily militarized. Many villagers have<br />
complained of being subjected to illegal arrest and harassment. Others, unjustly<br />
accused of being New People’s Army (NPA) members are being <strong>for</strong>ced to admit such<br />
allegations by the military and thereafter sign government documents stating they are<br />
rebel returnees.<br />
The more recent harassment committed by the military was at 2 a.m. of 14<br />
November 2005. Strikers manning the picket point in Brgy. Balete were mauled and<br />
seized by elements of the 48 th Infantry Battalion under the command of Maj. Gen.<br />
Jovito Palparan who is chief of the 7 th Infantry Division. Eleven of the strikers were<br />
illegally and <strong>for</strong>cibly taken to a “safe house” where they were interrogated. Three of<br />
them were subsequently charged with illegal possession of firearms on the basis of<br />
planted evidence.<br />
Mr. Galang called attention to the fact that he himself and his family are being<br />
principally targeted by the military and the police. He pointed out that several<br />
elements of the military have virtually maintained a detachment in a house just across<br />
186
his residence. They would ask around about his whereabouts. Worse, on or about 26<br />
September 2005, they broke into his house. His wife was even slapped in the face by<br />
the military intruders. Even his children in school experience harassment by the<br />
military.<br />
As a final note, Mr. Galang reiterated the unacceptable silence of Ms.<br />
Macapagal-Arroyo and her apparent utter lack of concern over the grave problems<br />
confronting the hacienda people. He sees her cold response as a ratification of the<br />
continuing unlawful aggression committed by the military and police as well as<br />
paramilitary <strong>for</strong>ces, in collusion with the hacienda owners, against the poor people of<br />
the hacienda.<br />
Mindoro Human Rights Abuses<br />
A child eye-witness to the brutal killing of her parents was next presented by<br />
the lawyer-presenters. ADELIZA ALBARILLO, now 14 years old, is a daughter of<br />
spouses Expedito and Manuela Albarillo who were abducted and murdered by<br />
elements of the military on 8 April 2002 in San Teodoro, Oriental Mindoro.<br />
Adeliza, who was then ten years old, was awakened by a loud bang in the early<br />
morning of 8 April 2002. When she peeped through the window, she saw around 90<br />
soldiers scattered outside their house. Around eight soldiers wearing bonnets to cover<br />
their faces went inside their house. She said she was certain they were military men<br />
because they barged into their house, were wearing military uni<strong>for</strong>m and combat<br />
shoes and were armed with long firearms.<br />
She saw them clutching her mother’s arm while her father was tied to the door.<br />
She heard the soldiers say they only wanted to talk to her parents inside the military<br />
camp. But when her parents asked if they could first change their clothes, the military<br />
refused. The latter said that there was no need because the Albarillos would be put to<br />
death anyway.<br />
The military then <strong>for</strong>cibly seized her parents. They hit her father’s leg with a<br />
gun when he resisted. Her parents were taken towards a mountain, about 20 meters<br />
from their house.<br />
When the soldiers were no longer in sight, Adeliza ran to her relatives and<br />
reported the incident. A moment later, they all heard a series of gunshots. Adeliza’s<br />
relatives rushed toward the mountain to see what had happened. When they got<br />
back, they were carrying the lifeless bodies of Adeliza’s parents. She noticed that her<br />
mother’s shoulders were broken and her father’s left eye was blown out.<br />
Adeliza’s uncle went to town to seek police assistance. Police officers who<br />
responded, however, took the longer path to the mountains and arrived with some<br />
soldiers. Adeliza and her relatives later learned that these military men came from the<br />
mountains where her parents were brutally executed.<br />
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Adeliza explained that the summary execution of her parents may have been<br />
politically motivated. She said her father was known to be critical of the policies of<br />
<strong>for</strong>mer Mayor Aldaba of San Teodoro, Mindoro Oriental. When Mr. Aldaba was killed<br />
allegedly by the NPA, her innocent father was accused of the murder. But <strong>for</strong> lack of<br />
proof, her father was released after nine months of detention.<br />
She testified that her family wrote to the President appealing <strong>for</strong> help but that<br />
nothing happened. It appeared that they were simply ignored.<br />
Involuntary disappearance has also become widespread as among the cruel<br />
<strong>for</strong>ms of human rights violation committed by the military, the police, paramilitary<br />
<strong>for</strong>ces and their assets and/or agents. CRISTINA ABALOS testified on the abduction<br />
by the military of her father who to this date remains missing.<br />
Involuntary Disappearance<br />
Cristina Abalos, 36-year-old, testified that her father, Patricio Abalos, was the<br />
provincial chairman of a farmers’ cooperative in Samar. He was 67 years old at the<br />
time he was abducted.<br />
She narrated that in the evening of 28 March 2005, she was at home with her<br />
father and other relatives. They were watching television when she noticed a Revo van<br />
already parked in front of their house and saw some men standing around the vehicle.<br />
She told her father about it. When he went out to check, the van had left.<br />
Shortly thereafter, the van came back. Cristina saw about four men with highpowered<br />
firearms alight, <strong>for</strong>ce her father into the van and thereupon speed away. The<br />
van had no plate number. A motorcycle, also without any plate number, Fllowed the<br />
van<br />
The next day, Cristina and her mother searched <strong>for</strong> Patricio at Camp Lucban in<br />
Maulong, Catbalogan where the 8 th Infantry Division of the <strong>Philippine</strong> Army is based.<br />
But they were not allowed to enter the camp. They then tried to seek the help of the<br />
Public Attorneys’ Office. But said office, explaining that it is itself being harassed,<br />
turned them down. Not giving up, on 30 March 2005, they went back to the military<br />
camp, but once again they were denied entry.<br />
On 31 March 2005, six soldiers barged into and searched Patricio’s house<br />
against the will of the residents therein and without a search warrant. The group was<br />
led by one who introduced himself as Lt. Wilbert Basquiñas who arrogantly admitted<br />
having custody of Patricio. He told Patricio’s family that he and his men were looking<br />
<strong>for</strong> a gun allegedly kept in Patricio’s wooden trunk. Cristina and her family pleaded<br />
with the soldiers. Lt. Basquiñas ignored them and proceeded to ransack the house,<br />
threatening and aiming his pistol at the family members while brandishing his fan<br />
knife.<br />
The soldiers did not find any gun. Nevertheless they still took with them<br />
Patricio’s trunk which contained his IDs, wallet and medicines. They also threatened<br />
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to abduct Patricio’s wife should she not surrender the gun they insisted was being<br />
hidden by Patricio’s family. Cristina’s family later reported the incident to the police<br />
but the latter refused to help them. They said they would not want to antagonize the<br />
military.<br />
On 7 April 2005, Cristina and her mother went to seek the help of<br />
Congressman Figueroa. They chanced upon Gen. Palparan, head of the <strong>Philippine</strong><br />
Army 8 th Infantry Division and the superior of Lt. Basquiñas, at the congressman’s<br />
house. Cristina noticed that the general’s vehicle parked outside the house was<br />
surprisingly the same vehicle used by the military in the abduction of her father.<br />
Cristina and her mother confronted Gen. Palparan. The general <strong>for</strong>ced them to<br />
admit that Patricio was a member of the NPA. [Did the relatives of Patricio admit that<br />
he is a member of the NPA?!] Cristina asked Palparan why her father was being<br />
illegally detained and why they were not allowed to visit him. Palparan then replied<br />
that he was now allowing visits <strong>for</strong> Patricio. Cristina and her mother also insisted <strong>for</strong><br />
the release of Patricio, but Palparan rejected it, saying Patricio was old anyway.<br />
After Palparan had left, Cong. Figueroa told Cristina and her mother that<br />
Palparan admitted Patricio was under military custody. [Bitin ito. Dapat sabihin kung<br />
an na ang nangyari kay Patrici matatpos makuha ang ganitong admission kay<br />
Palparan.]<br />
As a testament of the widespread brutal killing of civilians, a survivor of the<br />
massacre of farmers in Palo, Leyte on 21 November 2005, a couple of days be<strong>for</strong>e the<br />
last session of the proceedings, was presented be<strong>for</strong>e the Congress.<br />
Repression of Peasants<br />
RICHARD MARGALLO, chairperson of San Agustin Farmer-Beneficiaries Multipurpose<br />
Cooperative (SFBMC) in Brgy. San Agustin, Palo, Leyte, testified that on 24<br />
June 2004, six members (Rene Margallo, Renato Dizon, Fe Muriel Obejas, Bernabe<br />
Burra, Francisco Cobacha and Ariel Cantiso) consulted the cooperative on the issue of<br />
landgrabbing committed by Pedro Margallo.<br />
Richard Margallo emphasized that the Department of Agrarian Re<strong>for</strong>m (DAR)<br />
had previously awarded the disputed lands to these six members. Pedro Margallo,<br />
however, insisted on taking possession of the land. So Bernabe Burra sought the help<br />
of Bayan Muna-Metro Tacloban Chapter.<br />
The cooperative thereafter planned a “balik-uma” or a back-to-farming activity,<br />
to help the six farmer-beneficiaries assert their position on the awarded land. It was<br />
set on 21 November 2005.<br />
In preparation <strong>for</strong> the “balik-uma” activity, more or less 50 farmer-members<br />
gathered as early as the evening of 20 November 2005 in the “kamalig” or makeshift<br />
hut near the land they would till. They were joined in by other farmers from<br />
neighboring villages.<br />
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At around 5 a.m., the farmers were already up and about preparing food and<br />
having coffee when, without any warning, they were peppered with a volley of gunfire.<br />
The farmers shouted they were unarmed civilians but the shooting continued. Five<br />
grenades were also hurled at them. Seven farmers died on the spot, including a<br />
woman who was seven months pregnant. More than ten farmers were seriously<br />
injured. Mr. Margallo himself sustained severe gunshot wounds on his legs and was<br />
rushed to a hospital. In fact, he had to be wheeled to the witness stand on the day<br />
that he gave his testimony.<br />
Mr. Margallo stated that when the firing stopped, the perpetrators moved<br />
towards the “kamalig.” They were in military uni<strong>for</strong>m and combat boots, apparently in<br />
full battle gear. Their faces were concealed by bonnets. They were members of the<br />
19 th Infantry Battalion, <strong>Philippine</strong> Army (IBPA). When they got inside the hut, they<br />
ordered the farmers to lie face down and then started kicking their backs with their<br />
boots. They were trying to extract an admission from the farmers that they are<br />
members of the NPA.<br />
When the farmers belied the accusation, a soldier brought in and emptied a<br />
sack full of firearms and subversive documents and insisted that these belong to the<br />
farmers. They [originally: “The military men”] also refused to provide immediate<br />
medical aid to those injured. Worst of all, Col. Louie Dagoy, while admitting that the<br />
attack was committed by elements of the 19 th IBPA, nevertheless claimed that it was<br />
not a massacre but a legitimate encounter between the rebel group and the military.<br />
Despite the long list of political killings, the massacres, abductions, torture,<br />
<strong>for</strong>ced disappearances, and other <strong>for</strong>ms of human rights violations under the present<br />
administration, Ms. Arroyo has done nothing to address the intensifying attacks by<br />
the state’s armed <strong>for</strong>ces, the police and paramilitary units under their supervision<br />
upon the fundamental rights and freedoms of the Filipino people.<br />
Bicutan Siege<br />
Two more witnesses testified on the carnage of detention prisoners, the<br />
infamous Bicutan siege, at the Metro Manila District Jail in Camp Bagong Diwa,<br />
Bicutan, Taguig City on 14-16 March 2005.<br />
MIKHAEL ABDUL ASIS narrated that in the morning of 15 March 2006, he<br />
stood outside the gate of the jail with Congressman Mujiv Hataman, whom Kosovo<br />
(describe who he is) and his group of detainees had demanded to act as one of the<br />
negotiators to end the siege. At 9 a.m. on that date, he saw numerous elements of<br />
the police inside the district jail, all in full battle gear, and thereafter heard successive<br />
thunderous bursts of gunfire. He saw then DILG Secretary Angelo Reyes, together<br />
with Generals Avelino Razon, Arturo Lomibao and Gregorio Aglipay, clapping. Reyes<br />
was even shouting “Banat, bata!” (“Fire, my men!”). The shelling went on until about<br />
noon time. At around midnight, cadavers started to be brought out of the jail. Mr.<br />
Asis helped transport 22 dead prisoners to Barangay Maharlika in Bicutan. He also<br />
helped take photos of the victims. He said he saw that the victims’ skulls were<br />
smashed and their bodies bore numerous bullet wounds.<br />
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MAXIMIANO M. DE MESA, chairperson of the <strong>Philippine</strong> Alliance of Human<br />
Rights Advocates (PAHRA) and board member of Task Force Detainees of the<br />
<strong>Philippine</strong>s (TFDP), related that upon request of the relatives of some of the victims of<br />
the Bicutan siege, he approached the Commission on Human Rights (CHR) and asked<br />
that a thorough investigation on the case be conducted.<br />
On 23 April 2005, CHR investigators led by CHR chief investigator Atty. Dennis<br />
Mosquera, with Mr. De Mesa, proceeded to the district jail, but they were refused<br />
entry. They were allowed to enter only on 29 April 2005 after a Mission Order from<br />
CHR was shown to the jail warden. Though Mr. De mesa was not the one conducting<br />
the interview of witnesses inside the jail, he could nevertheless hear their statements<br />
because he was just two or three feet away from the group of CHR investigators. He<br />
heard the witnesses belie the reports that “Commander Global” and “Commander<br />
Robot,” suspected leaders of the Abu Sayyaf Group (ASG), were killed during the siege.<br />
The witnesses categorically stated that the siege was over when the two detainees were<br />
executed.<br />
Mr. De Mesa testified that he helped the CHR collate the testimonies of the<br />
witnesses and prepare the report submitted to the CHR en banc. Said report<br />
concluded that serious violations of human rights were committed during the siege. It<br />
pointed to the specific cases of salvaging, massacre, excessive use of <strong>for</strong>ce, and cruel<br />
and degrading treatment of the detainees after the siege.<br />
Direct Responsibility and<br />
Accountability of the Commander-in-Chief<br />
SATUR OCAMPO, president of Bayan Muna (People First) Party-list also testified<br />
that from 29 March 2001 to 13 November 2005, the number of documented<br />
extrajudicial killings and summary executions of members, coordinators and leaders<br />
of the organization he leads had reached 63. He said that the victims were not only<br />
activists. Others belong to different sectors and come from different regions, especially<br />
in areas where Bayan Muna has a strong following, and whose ages range from 8 to 70<br />
years old.<br />
Fact-finding investigations conducted by Bayan Muna show that the suspected<br />
perpetrators come from the military, the police, paramilitary groups (such as the<br />
CAFGU), death squads, or rebel returnees.<br />
As a party-list representative in Congress, Mr. Ocampo has taken steps to<br />
condemn, investigate and in general, respond to, the brutal and brazen extrajudicial<br />
killings and other <strong>for</strong>ms of human rights violations. These include, among others,<br />
filing various resolutions fr Congress to conduct legislative inquiries; delivering<br />
privilege speeches; leading fact-finding missions, ocular inspections, and holding<br />
dialogues with government officials; undertaking solidarity missions; and presenting<br />
<strong>for</strong>mal opposition to the promotion of military officers with abominable human rights<br />
record.<br />
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Cong. Ocampo recalls that from 16 November 2000 up to 12 August 2005, he<br />
had personally brought to Ms. Arroyo’s attention the flagrant political killings. At<br />
every opportunity that he met and talked with Ms. Arroyo, he personally denounced<br />
these killings and demanded that she take decisive action. To his chagrin, however, in<br />
most instances, Ms. Arroyo appeared cold and indifferent. At other times, her actions<br />
were perfunctory, noting the coplaints and not much else, She betrayed an utter lack<br />
of political will to stop the killings. And in spite of her personal knowledge of the<br />
abhorrent human rights record of certain military and police officials, she nonetheless<br />
promoted them. The prime example of this is Gen. Palparan whom Pres. Arroyo has<br />
promoted twice.<br />
Cong. Ocampo points to the fact that not only does Ms. Arroyo have command<br />
responsibility, but she also has moral and political responsibility <strong>for</strong> all these human<br />
rights violations. Her studied silence all this time can readily be inferred as tolerating,<br />
encouraging and abetting these violations. Understandably, her responsibility <strong>for</strong> the<br />
perpetration of these human rights violations committed with impunity, stems from<br />
her government’s own counter-insurgency program and unqualified support <strong>for</strong> the<br />
United States’ so-called “war on terror” and her pronouncements, policies and<br />
excessive measures which have contributed, abetted and engendered the attacks on<br />
the lives and the democratic rights of the Filipino people.<br />
Documentary Evidence<br />
The testimonies of the a<strong>for</strong>ementioned witnesses are bolstered by the<br />
voluminous documentary evidence offered and identified by expert witness Ms.<br />
Enriquez, which include:<br />
A. On the Hacienda Luisita massacre and other human rights violations as<br />
testitified to by Rene Galang<br />
1. factsheet;<br />
2. report of the PNP Investigating Committee on the Hacienda Luisita<br />
Incident, dated 15 December 2004;<br />
3. sinumpaang salaysay or affidavit executed by Rene Galang on 13<br />
January 2005, with attached AJ issued on 10 November 2004 by DOLE<br />
Sec. Patricia Sto. Tomas, another DOLE Order issued on 11 November<br />
2004 and signed by Undersecretary <strong>for</strong> Labor Relations Manuel G.<br />
Imson, deputizing the PNP to en<strong>for</strong>ce the AJ order, and the DOLE Order<br />
dated 15 November 2004 and signed by Sec. Sto. Tomas, deputizing the<br />
AFP-NOLCOM to assist the PNP-Region III and the DOLE representative<br />
in the “full en<strong>for</strong>cement” of the AJ order;<br />
4. sinumpaang salaysay or affidavits of relatives of those who died in the<br />
massacre, namely, Jhaivie Basilio, Andres Valdez, Jesus Laza, Jaime<br />
Fastidio and Jun David, with identification documents, death certificate,<br />
autopsy report, certificate of shares of stock attached to each of these<br />
affidavits;<br />
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5. sinumpaang salaysay or affidavits executed by the other victims and<br />
witnesses, namely, Ferdinand Awit, Gil Palaganas, Florida Sibayan,<br />
Ferdinand Aquino, Gaudencio Mesa Jr., Tirso Cruz, etc.;<br />
6. the complaint-letter dated and filed by the victims, their kin and<br />
witnesses on 13 January 2006, be<strong>for</strong>e the Office of the Ombudsman,<br />
calling <strong>for</strong> an investigation and prosecution <strong>for</strong> criminal and<br />
administrative offenses in connection with the violent dispersal, against<br />
Sto. Tomas, Imson, Francis Reyes (DOLE Sheriff, Intramuros, Manila),<br />
Chief Supt. Quirino de la Torre (PNP-Region III Director), Sr. Supt. Angelo<br />
H. Sunglao (PNP Provincial Director), Maj. Gen. Romeo Dominguez (AFP-<br />
NOLCOM CO), Cong. Benigno “Noynoy” Aquino, Jr., Jose “Peping”<br />
Cojuangco, among others;<br />
7. House Resolution No. 395 of the House of Representatives “Directing the<br />
Committee on Civil, Political and Human Rights to conduct an urgent<br />
investigation, in aid of legislation into the violent dispersals and<br />
indiscriminate firing by military <strong>for</strong>ces x x x”; House Resolution No. 394<br />
“Directing the Committee on Labor and Employment to conduct an<br />
urgent inquiry, in aid of legislation, on the propriety and legality of<br />
deputizing police authority in the en<strong>for</strong>cement of assumption of<br />
jurisdiction order x x x”;<br />
8. House Resolution No. 404 “Directing the Committee on Labor and<br />
Employment to conduct an urgent inquiry in aid of legislation, on the<br />
propriety of deputizing the Armed Forces x x x”;<br />
9. Journal of the House of Representatives (HOR), 13 th Congress, dated 16<br />
November 2004 which contains the privilege speeches of Representatives<br />
Rafael Mariano and Satur Ocampo on the Hacienda Luisita massacre<br />
and related issues, as well as the interpellation by Cong. Benigno<br />
“Noynoy” Aquino;<br />
10. HOR Minutes of the joint meeting of the Committees on Human Rights,<br />
Labor and Employment, and Agrarian Re<strong>for</strong>m held on 30 November<br />
2004;<br />
11. news clippings on the Hacienda Luisita massacre and other human and<br />
workers’ rights violations;<br />
12. factsheet on the frustrated killing of workers George Loveland and<br />
Ernesto Ramos committed at the picket line on 5 January 2005;<br />
13. Tarlac PNP spot report on said incident;<br />
14. affidavits of George Loveland and witness Marilou Ricardo;<br />
15. PNP initial report on the murder of Tarlac City Councilor Abelardo<br />
Ladera, dated 3 March 2005;<br />
193
16. autopsy report on Councilor Ladera’s body prepared by Dr. Saturnino S.<br />
Ferrer;<br />
17. affidavit of Emily L. Facunla on the said killing;<br />
18. news clippings on the killing of Fr. William Tadena<br />
B. On the summary execution of spouses Expedito and Manuela Albarillo as<br />
testified to by Adeliza Albarillo:<br />
1. certification issued by the Office of the Barangay Captain of Brgy.<br />
Calsapa, San Teodoro, Oriental Mindoro, stating that the spouses were<br />
killed on 8 April 2002;<br />
2. necropsy reports issued by the Office of the City Health Officer, City of<br />
Calapan, Oriental Mindoro;<br />
3. certification that Expedito Albarillo was an incumbent Barangay<br />
Councilor at the time he was murdered, signed by Rafael A. Arellano,<br />
President of the Liga ng mga Barangay, and Sylvia N. Arago, MLGOO.<br />
C. On the massacre of farmers in Palo, Leyte as testified to by Richard Margallo:<br />
1. factsheet;<br />
2. sinumpaang salaysay or sworn statement of Richard Margallo dated 23<br />
November 2005;<br />
3. sinumpaang salaysay of Joselito Tobe, Artemio Amante, Mardo Baltazar,<br />
Renato Montaño, Mario Cortaga, Arniel Dizon, Bernabe Burra, Sr., Fe<br />
Muriel Dizon-Obejas, Eulogio Pilapil;<br />
4. photos of victims;<br />
5. certification by Palo Police Station dated 21 November 2005, that Mardo<br />
Baltazar, Mariel Obeiza, Arniel Dizon, Eulogio Pilapil, Artemio Amante<br />
and Joselito Tobe are detained in their office while Richard Margallo,<br />
Ronilo Orceda, Berlito Barbosa, Ferdinand Montanejos, Mark Monsa,<br />
Bernabe Borra, Sr, Romy Cumpio, Christopher Bargasi, Esmael Regato,<br />
Jr., and a certain Capatoy were confined in hospitals in Tacloban City;<br />
6. Palo Police Chief, Sr. Inspector Rito A. Pacanan’s letter to the chief<br />
provincial prosecutor dated 21 November 2005, referring the sworn<br />
statements of 2Lt. Luel Adrian, Sgt. Ruel Fernandez, Cpl. Disocoro<br />
Jamora, Bernardo Lantajo and alleged documents and exhibits <strong>for</strong> filing<br />
of cases against <strong>for</strong> illegal assembly and association and <strong>for</strong> inciting to<br />
rebellion against the farmers named in the preceding number.<br />
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D. Documentary evidence relative to the testimony of Rep. Satur Ocampo:<br />
1. affidavit of Satur C. Ocampo, dated 15 November 2005, with<br />
attachments.<br />
E. On the Bicutan siege:<br />
1. affidavit of Mikhael Abdul Asis, executed on 14 November 2005, with<br />
photos of some victims attached thereto;<br />
2. sworn statement of Maximiano De Mesa dated 15 November 2005;<br />
3. memorandum from CHR Commissioner Wilhelm Dabu Soriano to the<br />
Commission, dated 3 June 2005, transmitting to the Commission the<br />
Investigation Report on the Camp Bagong Diwa Incident;<br />
4. memorandum from CHR-NCR Director Gilbert D. Boiser to CHR<br />
Commissioner-in-Charge <strong>for</strong> NCR Wilhelm D. Soriano, dated 31 May<br />
2005, submitting to the latter the Final Report on the incident prepared<br />
by the Task Force Bagong Diwa;<br />
5. memorandum from the CHR Task Force Bagong Diwa to Atty. Gilbert D.<br />
Bosier, dated 30 May 2005, containing the Final Report on Camp Bagong<br />
Diwa Jail Hostage Taking/Esacpe Attempt incident, signed by the<br />
members of the task <strong>for</strong>ce, namely, Atty. Maila Serrano, Atty. Dennis<br />
Mosquera, Felix Lumayag, Albert Figueras, Agapito Laurora, Carlos<br />
Sabile, Jr., Aladin Arciaga and Legaspi Soriano, Jr;<br />
6. memorandum from NCR Criminal Investigation and Detection Unit<br />
(CIDU) to the Criminal and Investigation Detection Group (CIDG) Acting<br />
Director, dated 14 April 2005, signed by P/Sr. Supt. Federico E. Laciste,<br />
Jr., which contains the report of the investigation conducted by the NCR-<br />
CIDU into the incident;<br />
7. letter from Acting CIDG Director Ricardo B. Dapat to Justice Secretary<br />
Raul Gonzalez thru Chief State Prosecutor Jovencito Zuño, dated 22<br />
April 2005, requesting <strong>for</strong> “appropriate action” relative to multiple<br />
murder and multiple frustrated murder cases against Bas Ismael y<br />
Janihim @ Arab/Arabi and other John Does;<br />
8. Department of Interior and Local Government Fact-Finding Investigation<br />
Report on the Attempted Jailbreak at the Metro Manila District Jail,<br />
Bicutan, Taguig City, dated 20 April 2005, signed by the fact-finding<br />
team headed by Usec. Marius P. Corpus; and,<br />
9. handwritten sinumpaang salysay or sworn statements of seven witnesses<br />
interviewed by the CHR investigating team and whose names have been<br />
deliberately erased <strong>for</strong> security reasons.<br />
195
F. Reports of international human rights organizations, United Nations bodies and<br />
international solidarity missions:<br />
1. Amnesty International (AI) Reports<br />
a. AI 2003 Report which covered the human rights situation in the<br />
<strong>Philippine</strong>s from January to December 2002 and which observed<br />
that:<br />
High-ranking military officials accused lawful groups critical of the<br />
government of having close links with the NPA. Individuals publicly<br />
portrayed as active NPA sympathizers risked being viewed by the<br />
military as legitimate targets of counter-insurgency operations,<br />
making them highly vulnerable to grave human rights violations.<br />
b. AI 2004 Report which described the state of human rights in the<br />
country during the period of January to December 2003, thus:<br />
Attempts to revive peace talks with Muslim separatists in Mindanao<br />
made little progress following a military offensive, which sparked<br />
mass displacement of civilians and increased tension related to<br />
alleged Islamist “terrorist” bombings. Arbitrary arrests, torture,<br />
extrajudicial executions and “disappearances” were reported in the<br />
context of operations against suspected Islamist “terrorists”, Muslim<br />
separatists and communist insurgents…<br />
c. AI 2005 Report which reveals the worsening condition of human<br />
rights in the country from January to December 2004 when it<br />
made the following observations:<br />
Despite an extensive array of institutional and procedural<br />
safeguards, suspected perpetrators of serious human rights<br />
violations were rarely brought to justice. Prolonged and frequently<br />
unfair trial proceedings placed excessive burdens on people seeking<br />
judicial remedies <strong>for</strong> human rights abuses. Victims from poor or<br />
marginalized communities, when faced with physical threats<br />
combined with “amicable” financial settlements, frequently<br />
abandoned attempts to seek redress.<br />
2. Asian <strong>Center</strong> <strong>for</strong> Human Rights’ consideration of the second periodic<br />
report of the <strong>Philippine</strong>s (CCPR/C/PHL/2002/2) by the United Nations<br />
Human Rights Committee Report titled “Human Rights Record of the<br />
<strong>Philippine</strong>s: Spectacular on Paper” which made the following conclusions<br />
and recommendations:<br />
The <strong>Philippine</strong>s is a classic case of failure at implementation of human<br />
rights standards while according many rights on paper.<br />
x x x<br />
196
Asian Centre <strong>for</strong> Human Rights (ACHR) requests the United Nations<br />
Human Rights Committee to consider, among others, the following<br />
recommendations in its Concluding Observations on the <strong>Philippine</strong>s <strong>for</strong><br />
effective implementation of the International Covenant on Civil and Political<br />
Rights (ICCPR):<br />
• Take effective measures <strong>for</strong> implementation of the UN Principles on the<br />
Effective Prevention and Investigation of Extrajudicial, Arbitrary and<br />
Summary Executions;<br />
• Disband Vigilante groups supported by the armed <strong>for</strong>ces;<br />
• Make necessary amendments in the law to broaden the definition of<br />
torture to include all <strong>for</strong>ms of torture;<br />
• Ban hamleting of indigenous peoples.<br />
3. Report prepared by KARAPATAN, entitled “The Current Human Rights<br />
Situation in the <strong>Philippine</strong>s vis-à-vis the Government’s Obligations under<br />
the 1966 International Covenant of Civil and Political Rights (ICCPR)” and<br />
submitted to the 79 th Meeting of the United Nations Human Rights<br />
Committee in Geneva, Switzerland on 5 October 2003, which states in<br />
quite strong terms:<br />
[P]erpetrators of all these violations have remained unaccountable to the<br />
crimes they have committed. Their actions have been tacitly recognized,<br />
condoned or tolerated by the government. Some have just been<br />
reassigned, some remained in their positions or worse even promoted to a<br />
higher rank or given “rewards” such as <strong>for</strong>eign scholarships. Quite a<br />
number have been politically rehabilitated, occupying powerful positions in<br />
the legislative and executive branches of government.<br />
The military commander of the army brigade in Mindoro Oriental who has<br />
been consistently implicated in the deaths of civilians and progressive<br />
leaders has been promoted to general. Despite being by-passed by the<br />
legislative Commission on Appointments, he enjoys the benefits of a<br />
general and has been recently appointed to head a higher military unit.<br />
The <strong>for</strong>mer general and Defense Secretary under whose watch violations<br />
of human rights thrived was <strong>for</strong>ced to resign this year after being tagged<br />
as one of the corrupt military officials by the soldiers who staged a mutiny<br />
in July. General Victor Corpus of the Intelligence Services of the AFP<br />
(ISAFP) resigned earlier after being implicated in the bombing of airports<br />
and wharfs in Mindanao. Both were just recently promoted to new<br />
government positions by President Arroyo as the Ambassador-at-large <strong>for</strong><br />
Counter-Terrorism and as head of the Armed Forces Civil Relations<br />
Services, respectively.<br />
197
These are not new to the ordinary Filipino as the present legal and judicial<br />
system has not worked in their favor and interests and has kept a lot of<br />
criminals and human rights violators scot-free through legal delays, undue<br />
technicalities or threats of reprisals. Cynicism and erosion of confidence in<br />
legal and judicial institutions and processes is prevalent. On the other<br />
hand, many members of progressive organizations and ordinary poor<br />
people are at once put to jail via fabricated charges without the benefit of<br />
their rights. The criminalization of what appears to be clearly political<br />
offenses as in the case of 7 farmers in Cagayan in Northern Luzon<br />
continues.<br />
x x x<br />
In sum, the engenderment and impunity <strong>for</strong> human rights violations are<br />
borne by a combination of an utter lack of people-oriented political will of<br />
the government to genuinely address, promote and protect the human<br />
rights of the people which are being sacrificed under the invocations of<br />
“development,” “counter-insurgency,” “national security” and “war against<br />
terror.” It is manifest in the recurrence of violations, the non-accountability<br />
of perpetrators, the condonation of atrocities and the ineffective or merely<br />
<strong>for</strong>mal or nominal gestures and legal enactments.<br />
4. Concluding observations of the United Nations Human Rights Committee<br />
which was based on reports submitted by the <strong>Philippine</strong>s under Article<br />
40 of the Covenant and adopted at its 2153 rd and 2154 th meetings held<br />
on 30 October 2003, and which observed among others:<br />
The Committee is concerned about the lack of appropriate measures to<br />
investigate crimes allegedly committed by state security <strong>for</strong>ces and agents,<br />
in particular those committed against human rights defenders, journalists<br />
and leaders of indigenous peoples, and the lack of measures taken to<br />
prosecute and punish the perpetrators. Furthermore, the Committee is<br />
concerned at reports of intimidation and threats of retaliation impeding the<br />
right to an effective remedy <strong>for</strong> persons whose rights and freedoms have<br />
been violated.<br />
5. Report of the Special Rapporteur on the situation of human rights and<br />
fundamental freedoms of indigenous people submitted by Mr. Rodolfo<br />
Stavenhagen in accordance with the UN Commission on Human Rights,<br />
dated March 5, 2003, which concluded, thus:<br />
The Special Rapporteur is concerned about multiple reports of serious<br />
human rights violations involving indigenous peoples, within the<br />
framework of a process of militarization of indigenous persons. Such<br />
abuses include attacks upon the physical integrity and security of<br />
indigenous persons, dispossession and destruction of property, <strong>for</strong>ced<br />
evacuation and relocation, threats and harassment, disruption of the<br />
cultural and social life of the community, in other words, the violation of<br />
civic, economic, social and cultural rights. This situation has several<br />
aspects. On the one hand, it involves units and military personnel of the<br />
198
<strong>Philippine</strong> Army who have been accused of perpetrating such human rights<br />
abuses, as well as local military irregulars such as CAFGUs and “private”<br />
armies of local political and economic elites with the backing of members of<br />
the army hierarchy. On the other hand, militarization is related to two<br />
concurrent processes: firstly, the powerful interests of mining, logging and<br />
agribusiness enterprises, which acquire control over indigenous lands and<br />
resources even against the wishes of the indigenous communities and<br />
without their free and prior consent as the law establishes. Secondly,<br />
militarization takes place in the framework of the counter-insurgency<br />
tactics of the <strong>Philippine</strong> Army in the war against rebel groups, particularly<br />
NPA, in which indigenous communities may be caught up as hapless<br />
victims.<br />
6. Report of the International Solidarity Mission Against US Armed<br />
Intervention in the <strong>Philippine</strong>s, conducted on 24-31 July 2002, which<br />
concluded, among others, that:<br />
a. US military <strong>for</strong>ces abet massive human rights abuses and terror<br />
committed by the AFP against the Filipino people. Human rights<br />
violations continue unabated in Zamboanga, Basilan and Sulu<br />
during Balikatan exercises.<br />
b. US-supported military operations in several instances have<br />
displaced and violated the rights of the Moro people and other<br />
Filipinos from the local communities, including women and children,<br />
and have abused the environment.<br />
c. US military presence and increased militarization in Basilan,<br />
Zamboanga and Sulu do not resolve economic backwardness,<br />
grinding poverty, social dissent and mass unrest. Militarization<br />
only exacerbates the people’s misery.<br />
Liability of the President<br />
As the Commander-in-Chief<br />
of the Armed Force<br />
The weight of testimonial and documentary evidence presented during the<br />
proceedings point to the fact that the political killings and other <strong>for</strong>ms of human rights<br />
violations perpetrated by the military, the police and paramilitary <strong>for</strong>ces and their<br />
agents are carried out on a widespread scale and in a systematic manner.<br />
In the Opinion and Judgment in Prosecutor v. Duco Tadic a.k.a. “Dule,” Case No.<br />
IT-92-1-T, which was tried be<strong>for</strong>e the International Tribunal <strong>for</strong> the Prosecution of<br />
Persons Responsible <strong>for</strong> Serious Violations of International Humanitarian Law<br />
Committed in the Territory of Former Yugoslavia Since 1991 and decided on 7 May<br />
1997, widespreadness was defined as referring to the number of victims. That is, the<br />
violations are directed against a multiplicity of victims. On the other hand, the<br />
systematic nature of the acts committed was explained as an evident pattern or<br />
199
methodical plan, pursuant to and in the implementation of a policy, which results in<br />
repeated or continuous commission of inhumane acts.<br />
These definitions easily find analogous application in the case of the human<br />
rights situation in the <strong>Philippine</strong>s. The escalating number of victims of human rights<br />
violations from the time of President Arroyo’s assumption to the presidency based on<br />
documentations by KARAPATAN and other human rights monitors and organizations<br />
both national and international speaks <strong>for</strong> itself. Also, as testified to by expert<br />
witness Ms. Enriquez, the victims are commonly political dissenters and belong to<br />
progressive or militant organizations which are being attacked on political grounds.<br />
And as can be deduced from the testimonies of Rene Galang, Adeliza Albarillo, Cristina<br />
Abalos and Richard Margallo, the violations are consciously perpetrated, done with<br />
impunity and are tantamount to being government policy.<br />
Although the human rights violations are carried out by elements of the military<br />
and the police and their agents, President Gloria Macapagal-Arroyo bears full<br />
responsibility <strong>for</strong> all these atrocities as commander-in-chief of the Armed Forces of the<br />
<strong>Philippine</strong>s. She cannot and must not be allowed to escape liability by the simple<br />
defense of lack of participation in whatever degree in the commission of these crimes.<br />
Under Article VII Section 18 of the 1987 Constitution, the President shall be the<br />
Commander-in-Chief of all the armed <strong>for</strong>ces of the <strong>Philippine</strong>s x x x. According to<br />
Black’s Law Dictionary (fifth edition, 1985), a commander in chief is “one who holds<br />
supreme or highest command of armed <strong>for</strong>ces x x x. The term implies supreme<br />
control of military operations not only with respect to strategy and tactics, but also in<br />
reference to the political and international aspects of the war.”<br />
President Arroyo, as the commander-in-chief of the armed <strong>for</strong>ces is, there<strong>for</strong>e,<br />
responsible <strong>for</strong> the large-scale and flagrant violations of democratic and human rights<br />
of the people committed by the armed <strong>for</strong>ces, including the police, paramilitary groups<br />
and other agents of the state. Her liability stems from the command responsibility she<br />
is duty bound to exercise over the armed <strong>for</strong>ces through the Secretary of National<br />
Defense. Although command responsibility is nowhere expressly provided in our<br />
penal laws nor has it been significantly applied in our jurisprudence, nevertheless the<br />
following provisions in our constitution, especially the first clause of Article VII Section<br />
18, Article VII Section 17 and Article XI Sections 1 and 2, impliedly recognize this<br />
principle.<br />
Article VII Section 18. The President shall be the Commander-in-<br />
Chief of all armed <strong>for</strong>ces of the <strong>Philippine</strong>s x x x.<br />
Article VII Section 17. The President shall have control of all the<br />
executive departments, bureaus and offices. He shall ensure that the<br />
laws shall be faithfully executed.<br />
Article XI Section 1. Public office is a public trust. Public officers<br />
and employees must at all times be accountable to the people, serve<br />
them with utmost responsibility, integrity, loyalty, and efficiency, act<br />
with patriotism and justice, and lead modest lives.<br />
200
Article XI Section 2. The President x x x may be removed from<br />
office, on impeachment <strong>for</strong>, and conviction of, culpable violation of the<br />
Constitution, treason, bribery, graft and corruption, other high crimes, or<br />
betrayal of public trust. x x x<br />
Adamin A. Tallow, in his book, Command Responsibility: Its Legal Aspect<br />
(Manila, 1965), defines command responsibility in this manner: the commander alone<br />
is responsible <strong>for</strong> all that his unit does or fails to do, and he cannot shift this<br />
responsibility to any other individual. 85<br />
The principle of command responsibility was prominently discussed and<br />
applied in the case of U.S.A. v. Tomoyuki Yamashita (4 February 1946). The case<br />
involved a fallen Japanese military commander who was charged be<strong>for</strong>e an American<br />
military commission with an alleged war crime. Yamashita was convicted on<br />
command responsibility. In the language of Mr. Chief Justice Stone the majority of<br />
the Court ruled:<br />
“But it is urged that the charge does not allege that the petitioner<br />
has either committed or directed the commission of such acts, and<br />
consequently that no violation is charged against him. But this<br />
overlooks the fact that the gist of the charge is the unlawful breach of<br />
duty by petitioner as an army commander to control the operations of<br />
the members of his command by ‘permitting them to commit’ the<br />
extensive and widespread atrocities specified. The question is whether<br />
the law of war imposes on an army commander a duty to take such<br />
appropriate measures as are within his power to control the troops under<br />
his command <strong>for</strong> the prevention of the specified acts which are violations<br />
of the law of war and which are likely to attend the occupation of hostile<br />
territory by an uncontrolled soldiery, and whether he may be charged<br />
with personal responsibility <strong>for</strong> his failure to take such measures when<br />
violations result.”<br />
The Court further held:<br />
“It is evident that the conduct of military operations by troops<br />
whose excesses are unrestrained by the orders or ef<strong>for</strong>ts of their<br />
commander would almost certainly result in the violations which it is the<br />
purpose of the law of war to prevent. Its purpose to protect civilian<br />
populations and prisoners of war from brutality would largely be defeated<br />
if the commander of an invading army could with impunity neglect to<br />
take reasonable measures <strong>for</strong> their protection. Hence the law of war<br />
presupposes that its violation is to be avoided through the control of the<br />
operations of war by commanders who are to some extent responsible <strong>for</strong><br />
their subordinates.”<br />
“x x x these provisions plainly imposed on petitioner, who at the<br />
time specified was military governor of the <strong>Philippine</strong>s, as well as<br />
commander of the Japanese <strong>for</strong>ces, an affirmative duty to take such<br />
85<br />
Citing the Command and General Staff School, Principles of Staff Organization (Ft. Wm. McKinley, Rizal,<br />
1957), p.1.<br />
201
measures as were within his power and appropriate in the circumstances<br />
to protect prisoners of war and civilian population. X x x This was<br />
enough to require the commission to hear evidence tending to establish<br />
the culpable failure of petitioner to per<strong>for</strong>m the duty imposed on him by<br />
the law of war and to pass upon its sufficiency to establish guilt.”<br />
(Underscoring is ours)<br />
Similarly, Pres. Arroyo’s acts or omissions on the issue of human rights in the<br />
country constitute a breach of her command responsibility <strong>for</strong> which she is liable <strong>for</strong><br />
culpable violation of the Constitution. The testimonies presented during the<br />
proceedings bear out her complicity. She knew or had reason to know of the massive<br />
and intensifying attacks against the lives and fundamental rights of the Filipino<br />
people. Yet, she has never spoken about, much less complied with her affirmative<br />
duty to protect her own people, stop the political killings and other <strong>for</strong>ms of human<br />
rights violations committed by her armed <strong>for</strong>ces and punish the offenders. On the<br />
contrary, she has either encouraged, tolerated or abetted these widespread and<br />
systematic atrocities by awarding with promotions or medals of valor those officers<br />
who have notoriously and knowingly perpetrated with impunity and continue to<br />
perpetrate inhumane acts against the innocent civilians who are critical of the<br />
prevailing social system and her governance.<br />
An eloquent member of our High Court once aptly said:<br />
“The facts of this case are fatefully distressing as they showcase<br />
the seeming immensity of government power which when unchecked<br />
becomes tyrannical and oppressive. Hence, the Constitution,<br />
particularly the Bill of Rights, defines the limits beyond which lie<br />
unsanctioned state actions. But on occasion, <strong>for</strong> one reason or another,<br />
the State transcends this parameter. In consequence, individual liberty<br />
unnecessarily suffers. The case be<strong>for</strong>e us, if uncurbed, can be<br />
illustrative of a dismal trend. Needless injury of the sort inflicted by<br />
government agents is not reflective of responsible government. x x x<br />
The sovereign power has the inherent right to protect itself and its<br />
people from vicious acts which endanger the proper administration of<br />
justice; hence, the State has every right to prosecute and punish<br />
violators of the law. This is essential <strong>for</strong> its self-preservation, nay, its<br />
very existence. But this does not confer a license <strong>for</strong> pointless assaults<br />
on its citizens. The right of the State to prosecute is not a carte blanche<br />
<strong>for</strong> government agents to defy and disregard the rights of its citizens<br />
under the Constitution. Confinement, regardless of duration, is too high<br />
a price to pay <strong>for</strong> reckless and impulsive prosecution.” (Senior Associate<br />
Justice Josue Bellosillo in Allado vs. Diokno, 232 SCRA 192)<br />
Finally, it is well to remind us of the dictum of the late Justice Robert Jackson<br />
who was Chief Counsel <strong>for</strong> the United States in the prosecution of war criminals at the<br />
Nuremberg Trial: “We must never <strong>for</strong>get that the record on which we judge these<br />
defendants today is the record on which history will judge us tomorrow. To pass these<br />
defendants a poisoned chalice is to put it to our own lips as well.”<br />
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Recommendations<br />
It is respectfully recommended that the Citizens’ Congress <strong>for</strong> Truth and<br />
Accountability, after having established by testimonial, documentary and object<br />
evidence the existence of a widespread and systematic human rights violations<br />
perpetrated by the Arroyo regime, its armed <strong>for</strong>ces and state agents, do the following:<br />
1. To file complaints <strong>for</strong> violations of civil and political rights of victims and <strong>for</strong> the<br />
award of damages and indemnification to the same against Pres. Gloria<br />
Macapagal-Arroyo, the Secretary of the Department of National Defense, the<br />
Chief of Staff of the Armed Forces of the <strong>Philippine</strong>s, Major General Jovito<br />
Palparan and their agents, be<strong>for</strong>e the <strong>Philippine</strong> Human Rights Commission,<br />
international bodies such as United Nations Human Rights Committee, any<br />
<strong>for</strong>eign country where they may be reached and served the processes of the<br />
Court pursuant to the doctrine of universal jurisdiction;<br />
2. To issue a brief and strongly-worded statement containing the highlights of the<br />
report on political killings and other <strong>for</strong>ms of human rights violations, and<br />
disseminate, publish and circulate such statement to all sectors of <strong>Philippine</strong><br />
society, particularly the youth and students, organized labor and peasants,<br />
religious denominations, groups and organizations, schools at all levels, causeoriented<br />
and advocacy groups, business organizations, professionals and<br />
members of the academe, <strong>for</strong>eign embassies and international organizations<br />
with headquarters and offices in the <strong>Philippine</strong>s;<br />
3. To issue a statement urging the international community to condemn the<br />
abhorrent human rights record of the Arroyo regime; demand that human<br />
rights violations be stopped and perpetrators be brought to justice; and in the<br />
light of the impunity enjoyed by said perpetrators who are widely perceived to<br />
be state agents, a campaign be launched calling <strong>for</strong> the withdrawal of any and<br />
all <strong>for</strong>ms of aid and recognition from the Arroyo government until the latter<br />
takes decisive action;<br />
4. To issue a statement urging Pres. Gloria Macapagal-Arroyo to vacate the office<br />
of the presidency and urge the successor government to prosecute and punish<br />
all human rights violators and to indemnify and compensate the victims of<br />
human rights violations.<br />
203