DOJ chief: GMA admission not enough to impeach her

President Arroyo’s admission on nationwide television Monday that she was the woman talking to a supposed election official on a controversial audio tape is not enough ground to impeach her, Justice Secretary Raul Gonzalez said yesterday.

"As far as I am concerned there is no impeachable offense there because as the President said it was a lapse of judgment," he told reporters yesterday.

"What the Constitution speaks (of) is willful violation, and that is not a high crime."

On the other hand, Gonzalez said Mrs. Arroyo’s admission could be used as evidence against former National Bureau of Investigation (NBI) intelligence chief Samuel Ong and suspended Lawyer Alan Paguia, former counsel of ousted President Joseph Estrada, for violating Republic Act 4200, the Anti-Wiretapping Law.

Gonzalez said the only implication of Mrs. Arroyo’s admission was that "unabated wiretapping" was being done by some persons.

"That is a violation of RA 4200," he said.

"She is apologizing for the lapses that she committed. In hindsight, she should not have called the Comelec official. Had she not (been) wiretapped, it could have never been an issue."

Gonzalez said Mrs. Arroyo could file criminal charges against Ong, Paguia and others involved in the wiretapping of her conversation with the supposed election official.

However, Gonzalez said he would not encourage Mrs. Arroyo to file the charges.

"I don’t tell the President what she will do unless I am asked," he said.

"I don’t give unsolicited advice. She would just go in the process of appearing in court. It will be expected. There are people who can do it for her. If the president would file the case, the people, especially her critics, would again say that it will have chilling effect."

Gonzalez said he opposed the Cabinet decision that Mrs. Arroyo admit on nationwide television that she was the woman on the tape.

"My view at the time was that it was premature to admit anything because we don’t know the source of the tape yet," he said.

"And there were six tapes. But I agree with the President’s final decision and the Cabinet is one with her. We respect her decision."

The DOJ will continue to investigate whether Paguia and Press Secretary Ignacio Bunye had violated the Anti-Wiretapping Law since they admitted possessing the tapes.

Meanwhile, NBI Director Reynaldo Wycoco said yesterday they are thinking of setting up an inter-agency task force to probe the controversial wiretapped conversation involving Mrs. Arroyo.

"One of the things I told the Legal Department is to study the feasibility in investigating this case," he said.

"The Legal Department would set directions. They are also considering on tapping other government agencies with resource personnel or technical know-how to assist the NBI.

"We also have to conduct our legal research on the repercussion of the statement (of President Arroyo)."

Wycoco said once the wiretapper is identified, the NBI will charge him or her with violating RA 4200. – With Evelyn Macairan