Miriam asks GMA to call special session to probe wiretapping

Sen. Miriam Defensor-Santiago has asked President Arroyo to call a special session for Congress to pave the way for an inquiry into the alleged wiretapped conversation between herself and Commission on Elections Commissioner (Comelec) Virgilio Garcillano.

"We could go into a special session so that the plenary could assign the wiretapped conversation to a committee so that the committee could start its hearings," she said.

"We could go into a special session if we wanted to facilitate this (hearing). We could ask the President to call for a special session and assign that controversy (to a committee) so that we could start immediately."

At Malacañang, Executive Secretary Eduardo Ermita said yesterday it would be up to Congress to investigate the alleged wiretapped conversations.

"They are allowed under the rules to conduct hearings if and when they are adjourned," he said.

"We will just have to await advice from Congress (as to) when this joint hearing will (be conducted)."

Ermita said he was informed by presidential political adviser Gabriel Claudio that the House of Representatives committees on public information, public order and safety, defense and security, communications and technology, and suffrage had an executive session and discussed rules they would follow in the conduct of public hearings.

It was also up to the Senate to hold its own investigation or hearings, he added.

Santiago said even if Mrs. Arroyo calls for a special session of Congress, the Senate might not be able to muster a quorum since several of her colleagues are out of the country.

Santiago said the matter should be resolved immediately and that the public deserves to know the truth.

"Justice delayed is justice denied. Let’s expedite this," she said.

Santiago said a special session is needed so the inquiry could be assigned to a Senate committee.

The wiretapping issue was never brought up in the plenary for referral to a committee for investigation so hearings cannot be conducted while Congress is in recess, she added.

Under Senate rules, the committees could hold hearings even during recess as long as they were already initiated during the regular sessions.

Meanwhile, Senate Minority Leader Aquilino Pimentel Jr. said yesterday the committee on national defense and security of Sen. Rodolfo Biazon, which has jurisdiction over the matter of wiretapping, could call for hearings on the issue.

"The Biazon committee has the standby authority to investigate while Congress is in adjournment or recess," he said in a text message. "He simply does not want to use it."

On the other hand, Sen. Sergio Osmeña III argued that Biazon’s committee is supposed to have oversight powers over the budget and expenditures of the Intelligence Service of the Armed Forces of the Philippines.

"If the ISAFP used this (wiretapping) then Senator Biazon should immediately call for the hearing," he said.

Senate President Franklin Drilon confirmed that the committees had standby authority to call for hearings but said this was anchored on the prerequisite of a referral from the plenary.

"As far as I recall, there must be a referral," he said.

Drilon said the calling of a special session was exclusively the President’s prerogative and it was up to her discretion whether she wanted to exercise that power.

"The matter of calling a special session is a matter that is addressed (according) to the sound discretion of the President," he said.

Sen. Manuel Roxas II said that investigations into the wiretapped tapes should be undertaken to "ensure that future elections will not ever be tainted by such allegations" of electoral fraud.

"The state has a duty and a role to protect itself," he said. "But it must be clearly set forth under what circumstances can the privacy of a person and the civil liberties of a citizen be transgressed."

Roxas said the main issue that must be resolved in the wiretapping issue is respect for the civil liberties of the people.

"I think the government should announce if, indeed, it has wiretapping capability," he said. "Where is this wiretapping equipment stored and under whose offices? What’s the protocol, the conditions under which a citizen can be wiretapped?" — Marvin Sy, Aurea Calica