Congressmen tell Garci: Appear first, resist later

Congressmen crossed party lines yesterday in calling on former election commissioner Virgilio Garcillano to appear before an inquiry as opposition lawmakers moved to scrap the P1-million reward they had put up for his arrest.

Administration lawmaker Albay Rep. Edcel Lagman called on Garcillano to resurface and reveal what he knows about the wiretap controversy before questioning the legality of the arrest warrant issued against him by the House of Representatives.

"Appear first, resist later," Lagman said, directing his appeal to Garcillano during the weekly Balitaan sa Rembrandt Hotel forum in Quezon City.

Even as the lawmakers sounded off their appeal for Garcillano to come out, his lawyer Eddie Tamondong said the former Commission on Elections (Comelec) official will surface sooner than expected.

Tamondong filed Garcillano’s signed petition before the Supreme Court last Thursday seeking to quash the warrant of arrest issued by the House of Representatives against the poll official.

He said Garcillano would be very much willing to present himself before Congress if only the House would lift the warrant for his arrest on contempt charges.

"We may even consider withdrawing the petition if the warrant for his arrest for contempt of Congress is lifted," Tamondong said.

Makati Rep. Teodoro Locsin Jr., who chairs the commitee on suffrage and electoral reforms involved in the inquiry, also suggested the arrest order should be withdrawn to facilitate Garcillano’s appearance in the investigation.

In exchange for a recall of the arrest warrant, Locsin said the elusive former election official should commit to appear in the probe and tell the truth.

Garcillano’s testimony could bring about "closure" to the inquiry and the "Hello, Garci" wiretap tape controversy, Locsin said in an interview over radio station dzMM.

Reminded that closure to the scandal is also what President Arroyo and her House allies and other political supporters want, Locsin said: "That would depend on Garcillano’s testimony. It must be credible."

He said Garcillano’s story should hew closely to what the nation already heard when the five House committees inquiring into the controversy played the "Hello, Garci" tapes.

"If he says, ‘Yes, that’s me and the President and all those personalities in the tapes talking,’ that would be credible. If he makes a denial, I don’t think people will believe him," Locsin said.

To facilitate Garcillano’s public appearance, opposition congressmen decided to scrap the P1-million reward they had put up for his arrest.

Deputy Minority Leader Alan Peter Cayetano (Taguig-Pateros) said he and his colleagues are granting the request of the former election official’s wife, Grace, in withdrawing the reward offer so Garcillano would surface and tell the truth.

"The bounty was not meant to put his life in danger. In fact, it was intended to protect him by getting him out in the open. We expect him to surface soon," he said.

Cayetano said the opposition also expects the former election commissioner to tell "lies and tall tales, but the truth will come out when he is cross-examined. We even encourage him to point to opposition leaders who reportedly called him," he said.

However, Cayetano pointed out that, while it is unethical for an elective official to call an election commissioner, the contents of the conversation are what will be examined carefully for evidence of any illegal actions.

"In the case of Garci and Mrs. Arroyo, the subjects of their conversations violated the Election Code, the Anti-Graft Law, the Revised Penal Code and the law prohibiting obstruction of justice," he added.

‘Don’t make demands’

Garcillano filed a petition before the Supreme Court last Thursday to quash the warrant of arrest issued against him by the House for contempt after he failed to appear before a congressional inquiry.

Through Tamondong, Garcillano signed the petition before the high court seeking to restrain the House from enforcing its arrest order and from continuing the probe over the wiretap scandal, stating the congressional inquiry stemmed from "a mere privilege speech without an appropriate resolution referring it to a committee to conduct the (proper) inquiry."

Garcillano’s move irked congressmen from both sides of the political fence, several of whom reminded the former poll official that he could not dictate what Congress could or could not do.

"Garcillano can’t make demands on Congress. All he has to do is to appear voluntarily and explain why he was not able to honor the invitation by the five House committees investigating the (wiretap) controversy. That’s all there is to it," House Majority Leader Prospero Nograles said.

Nograles said the House was forced to cite Garcillano in contempt for repeatedly refusing to appear before its inquiry.

"We were left with no other option but to execute our constitutional mandate to issue an arrest warrant for Garcillano, especially when he began hiding," he said.

Lagman, for his part, said the petition filed by Garcillano before the high court was without legal and factual basis.

Lagman pointed to the repeated returns of the invitations and summonses sent by the House to the former poll official’s known and listed addresses in Metro Manila and in the provinces.

"He (Garcillano) cannot feign not having been aware of the invitations and summons, the effort of the joint committees to get his testimony on the ‘Garci tapes’ was well published," Lagman said.

Lagman noted the former Commission on Election (Comelec) commissioner even granted interviews to the media in revealing some politicians had called him up during the conduct of the May 10, 2004 elections.

He said it would be premature for Garcillano to invoke the same right against self-incrimination if he ends up as a witness in a congressional inquiry with the same questions directed to him.

Lagman sought a reopening of the wiretap tape controversy with the House committee on good government taking over the inquiry.

"Takeover by the committee on good government will dispel the suspicion of a whitewash of the projected Garcillano testimony after the ouster of (Cavite) Rep. Gilbert Remulla as the chairman of the lead committee on public information," Lagman said.

Lagman said the inquiry by the committee on good government will no longer be in aid of legislation but to look into possible election-related offenses.

"Garcillano’s argument that he is being summoned by the joint committees to testify not in aid of legislation will be rendered untenable," he said.

Lagman pointed out that two principal House committees whose jurisdiction does not involve inquiries in aid of legislation are the committees on good government and ethics, both tasked to investigate errant public officials.

Remulla, for his part, insisted they can ignore Garcillano’s petition before the Supreme Court. Remulla was replaced by North Cotabato Rep. Emmylou Toliño-Santos as chairman of the public information committee.

"We can ignore it if we want since we are a co-equal branch of (the) government. We can also cancel it (the arrest warrant) if we want, only if the plenary agrees," he said.

Erstwhile administration ally Parañaque City Rep. Roilo Golez said Garcillano is just buying time for his handlers to prolong their "conspiracy."

"His petition is obviously a ploy to be able to move freely while facing congressional inquiry and thus conspire freely with his handlers. Pronouncements from Malacañang sympathizers indicate that a sinister plot may be in the process to add to the cover-up," Golez said.

Nowhere man

Mrs. Arroyo’s apology, which was aired on national television last June 27, apparently sparked the opposition to call for her resignation, claiming her admission amounted to pleading guilty to electoral fraud.

Gone for several months during Mrs. Arroyo’s political crisis, Garcillano’s absence triggered reports that he was in Singapore, Europe, South America and the United States before deciding to return home.

His wife Grace declared her husband was now ready to spill the beans on the issue.

There were also reports that the former Comelec official is now under military custody in Mindanao readying "the script," according to opposition Sen. Panfilo Lacson.

The Armed Forces of the Philippines (AFP), on the other hand, denied they had custody of Garcillano in Mindanao.

Armed Forces deputy chief Lt. Gen. Samuel Bagasin said Garcillano is the least of their priorities right now.

Bagasin echoed the statements of AFP chief Gen. Generoso Senga in saying the AFP is now more concerned with addressing the country’s internal security concerns rather than locating Garcillano.

Tamondong claimed he met with Garcillano last Wednesday in Cagayan de Oro City where they drafted and signed the petitions he submitted to the Supreme Court a day later.

According to Tamondong, the former poll official is constantly on the run because of threats on his life.

"He (Garcillano) has the same appearance when I saw him last Wednesday. He did not tell me anything (about) where he came from. He always rides in his old white (Mitsubishi) Pajero with a driver and a bodyguard. I don’t know if the wife is always going with him," he said.

Tamondong added Garcillano, who celebrated his birthday last July 5, had suggested they celebrate their birthdays together. The lawyer said his birthday falls a day after Garcillano’s.

"My birthday is on July 6 and Garcillano’s birthday is on July 5. He told me that we will have goat meat. But this did not push through. He asked me on July 4 to help him when he filed a complaint against Congress," he said.

Administration critic Lingayen-Dagupan Archbishop Oscar Cruz said the reported return of Garcillano would not significantly change public opinion of Mrs. Arroyo.

"One thing is certain: to those who have already made their conclusion about the farce of the last national elections, the ‘resurrection’ of Garcillano does not in any way matter," Cruz said.

"Now, it is back to wondering time. Will he tell all or just some? What will he say and not say? Will he save the administration and damn the opposition, or vice versa? Will he make any difference at all to the common Filipino?" Cruz asked. — With Jose Rodel Clapano, Delon Porcalla, Jaime Laude, Edu Punay, Christina Mendez