Immunity proposed for Garci when he testifies in Congress

Sen. Miriam Defensor-Santiago suggested yesterday that former Commission on Elections (Comelec) commissioner Virgilio Garcillano be given immunity by Congress to encourage him to tell the truth on the alleged electoral fraud in the May 2004 elections.

This came after Garcillano and his camp threatened to back out from appearing before the House of Representatives as lawmakers said they were disinclined to lift the warrant of arrest issued against the former poll official.

"I think the best way to solve this mess is to offer him the status of a state witness and immunity from prosecution for what he says. That way we can make sure that he will be telling us the whole truth," Santiago said.

She explained that members of both chambers of Congress could not force the beleaguered election commissioner to tell the truth if, in the process, he also implicated himself in the alleged poll fraud.

"We can’t possibly impose these conditions for his appearance unless he’s willing to negotiate on being a state witness. He has to tell all, and in a reciprocal gesture, government will give him immunity. That’s the only way," she said.

Otherwise, she said the congressional inquiry "will simply be entertainment (and) we will never be able to arrive at the truth."

Even Mrs. Arroyo’s House allies have been urging Garcillano to tell the truth. Cebu Rep. Eduardo Gullas said Garcillano’s version of the truth "should be one that the people can believe and accept so there could finally be a closure to the controversy."

The five House committees that conducted an inquiry into the wiretapped conversation of the President have invited Garcillano to attend their hearing next Wednesday.

Garcillano’s lawyer, Eddie Tamondong, has assured congressional leaders that his client would honor the invitation provided his safety and security are guaranteed.

In a letter to Philippine National Police (PNP) chief Director General Arturo Lomibao, Tamondong requested police assistance in securing the safety of Garcillano and his wife who will travel from Central Mindanao to Manila in view of the continuing threats on his client’s life.

Tamondong also said he will only relay to authorities Garcillano’s exact location in Mindanao once "final arrangements have been made."

Malacañang gave assurances yesterday that Garcillano would have nothing to fear regarding his security.

"As far as protection is concerned, he has nothing to worry about," Press Secretary Ignacio Bunye said, adding that the Palace welcome Garcillano’s efforts "to set the record straight and put closure on this issue."

Reps. Exequiel Javier of Antique and Benasing Macarambon of Lanao del Sur said Garcillano "must be prepared to tell the truth when he faces the House and the public to give his side of the story."

Retired Marine general Francisco Gudani said Garcillano should realize that he has caused the country much trouble and his continued lying could further complicate the present political situation.

Gudani was the former brigade commander of the 1st Marine Brigade based in the two Lanao provinces where alleged large-scale cheating occurred in last year’s elections.

Other politicians loyal to the Arroyo administration also urged equally elusive former National Bureau of Investigation (NBI) deputy director Samuel Ong to appear before the House panel.

Reps. Rodolfo Albano III of Isabela and Vincent Garcia of Davao City said the "Garci" inquiry would not be complete without Ong.

The former NBI official claimed in June that he had in his possession the "mother of all tapes" of the alleged wiretapped conversation between Mrs. Arroyo and Garcillano and that he had received them from Sgt. Vidal Doble of the Intelligence Service of the Armed Forces of the Philippines (ISAFP). But when he appeared in the House inquiry, Doble denied giving Ong the tape.

Santiago stressed there is something more to Garcillano’s alleged wiretapped conversation with the President than meets the eye. The phone calls, she said, seemed to indicate that the Mindanao vote was up for sale to the highest bidder.

Deviating from her previous statements that Garcillano should be given a chance to be heard before judgment, Santiago now seemed to assume his guilt, at least for making himself accessible to politicians at the height of the 2004 elections.

"As it stands now it seems that he’s guilty of violating the anti-graft and corrupt practices act. Therefore, he faces criminal prosecution and the possible penalty of imprisonment and disqualification from public office," Santiago said.

The feisty senator also refuted claims by both the administration and the opposition that there was nothing wrong in calling an election officer during an election.

National officials calling the Comelec commissioner are also suspected of having sought the official’s help to be able to ensure victory in the elections, she said.

"It is at the very least unethical to call a public official to perform an act in which you will be involved as a public figure. What can possibly be the point of calling a Comelec commissioner during a campaign?" Santiago asked. — With reports from Jess Diaz, Aurea Calica, Jaime Laude