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SC censures retired justices for filing ‘Garci’ taxpayer’s suit
source : GMANews.TV   
Wednesday, 03 October 2007 04:41
Retired Court of Appeals (CA) justices Oswaldo Agcaoili and Santiago Javier Ranada on Tuesday took lessons from Supreme Court magistrates in filing taxpayer's suit on the "Hello, Garci" wiretapping controversy.

Agcaoili and Ranada have filed a taxpayer’s suit before the high court to stop the Senate's ongoing “Hello, Garci" probe, saying the upper chamber's inquiries about the scandal on the 2004 presidential polls violated constitutional provisions and Republic Act 4200, or the anti-wiretapping law.

In the presentation of their arguments, lawyers Manuel Lazaro and Mario Ongkiko, reiterated that they stand to suffer injury as taxpayers should the Senate proceed with the investigation because the upper chamber would naturally be using public funds.
 Petitioners further claimed that the matters to be discussed were of transcendental importance such that they involved violations of provisions of the Constitution.

However, during the interpellation, Supreme Court magistrates criticized the retired justices’ locus standi, or legal standing in filing the case.

Associate Justice Angelina Sandoval-Gutierrez asked Agcaoili if he and Ranada stand to suffer any injury if the “Garci" tapes would be played.

She also asked Agcaoili and Ranada to quantify or estimate the amounts of disbursements that the Senate would incur in proceeding with the inquiry.

Gutierrez said petitioners could not even justify their allegations that they would suffer potential injury as “vanguards of law and justice," should the Senate allows the “Garci" tapes to be played.

Agcaoili admitted that he and Ranada would not suffer a direct or personal injury in the playing of the tapes because they were not the ones who had been wiretapped.

Gutierrez said a “personal injury" is a necessary element before a person can institute a taxpayer’s suit. “What was your injury or interest in this bitter scandal when your name was not even mentioned in the controversial tapes? It should be President (Gloria Macapagal) Arroyo and (former elections commissioner Virgilio) Garcillano that should file the suit."

She added that if the petitioners were true in their objective of exercising their public duty, they should all the more insist in having the “Garci" tapes played.

“Wouldn’t public interest be served if the Garci tapes are played? You can be considered heroes of the day if you will allow the Senate to play the tapes because it involves the integrity of our electoral process," she said.

Gutierrez also said that since the Garci tapes have been widely played nationwide, the high tribunal would be unable to stop its playing.

Also, newly-appointed Supreme Court Associate Justice Ruben Reyes, a former presiding justice of the CA and colleague of Agcaoili and Ranada, asked petitioners if they have been paying their taxes on time.

Reyes said that the two former justices failed to indicate in the last pages of their pleadings their community tax certificate number, and instead indicated the number of their senior citizen’s ID.

“If I were you, I would have indicated the kind of taxes that I’m paying. What right do you two have to institute a taxpayer’s suit when you’re not even paying your community tax. You must present prove that you are really a taxpayer," he said.

For his part, Chief Justice Reynato Puno said the Senate may conduct inquiries even without complying to Section 21, Article VI of the Constitution, which states that the Senate Rules of Procedure in the conduct of inquiries in aid of legislation should be duly published in order to eliminate possible abuses.

“The power of Congress to investigate is inherent, even without the publication of rules that the inquiries will be made in aid of legislation," he said.

In their petitions, Agcaoili and Ranada said the alleged wiretapping incident had already been thoroughly discussed in the hearings of several committees of both houses of Congress in relation to the impeachment case against the President.

The petitioners said that the Senate could not start and continue with its probe into the alleged wiretapping incident that reportedly involved Garcillano and President Arroyo, without first establishing the rules of procedure.

The petitioners also argued that under RA 4200, the mere possession of an unauthorized wiretapped material is already a violation of the law. They said even a discussion on the contents or the transcription of an illegal wiretap is prohibited.

They added that the Constitution also states that an illegal wiretap “is also inadmissible for any purpose in any proceeding."

The focus of the Senate's investigation was the testimony of Vidal Doble, a former technical sergeant assigned with the Intelligence Service of the Armed Forces. Doble claimed to have participated in the military's wiretapping operations on opposition and administration officials during the 2004 election period.

Doble said that in one of their operations, he was stunned to hear Mrs Arroyo calling Garcillano on his cellular phone. In that controversial conversation, the President allegedly told Garcillano to make sure that she will have a million vote lead over her closest contender, the late opposition bet Fernando Poe Jr.

Mrs Arroyo and Garcillano both denied having the said conversation. - GMANews.TV
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