Time correspondent Nelly Sindayen faxed a statement to the National Bureau of Investigation (NBI) confirming her published account that she was at the meeting in which Cojuangco and Saycon discussed the coup plans.
"I, Nelly Sindayen, understand that you wish to ask me certain questions concerning the article entitled ‘Emergency Rules’ published by Time Magazine on Saturday, 26th February 2006. Please note that I stand by the article and have nothing further to add," she said in a one-paragraph signed statement faxed by lawyer Valeriano del Rosario.
She also sent a copy of her statement to Justice Secretary Raul Gonzalez.
The NBI has been asking Sindayen to confirm her account but she has declined to appear.
With that, the NBI, which is investigating the coup’s extent, is now summoning Saycon to give his side of the story, according to NBI regional director Reynaldo Esmeralda.
"She affirmed... that what was the written in the article was true and correct, it is a declaration as to the veracity of the article, and it can be used as evidence. Her admission is enough to subpoena Saycon because we still have a lot of questions for him," said Esmeralda.
So far only Cojuangco, chairman of the Philippine Olympic Committee, and Brig. Gen. Danilo Lim have been cooperative with the NBI investigation. Lim was relieved as commander of the Philippine Army’s crack Scout Ranger Regiment for his alleged coup involvement.
Sindayen said in her published account that Saycon spoke to Lim by phone during the meeting.
Esmeralda said Saycon may now be summoned to appear before the NBI for questioning. They had earlier issued an invitation for him to give his side.
"The disadvantage of using an ‘invitation’ is that the invitee has the right to refuse, but with a subpoena, there is a legal compulsion, there is a legal obligation to honor," he explained.
On March 3, Saycon sent a statement through lawyer Marc Anthony Antonio saying that he had refused the NBI invitation and that Sindayen’s published account was "malicious and unfounded."
Antonio explained that "Mr. Saycon deemed it prudent and wise to decline your invitation since this kind of invitation is reminiscent of the martial law-type of invitation that he experienced during the martial law regime" of former dictator Ferdinand Marcos.
On Feb. 23, Sindayen went to Cojuangco’s house in Makati City where she allegedly heard Saycon speaking to a certain "Delta" over the phone, who was later identified as Lim on the cellular phone. Saycon even aired their conversation over a speakerphone.
Lim reportedly replied, "All systems were go for the planned movement against Arroyo." He was later relieved of his post by armed forces chief Gen. Generoso Senga pending an investigation into his alleged involvement.
Cojuangco and Saycon allegedly hatched the plan with over a dozen mid-level officials and businessmen at the meeting.
Mrs. Arroyo declared a state of national emergency to thwart a reported coup by disgruntled soldiers, communist rebels and their civilian backers.
She faced harsh criticism, however, that her emergency declaration was reminiscent of martial law and she was using the reported coup as an excuse to crack down on her opponents.
She lifted the declaration a week later after her security officials assured her that the threat had passed. However, she vowed to issue another emergency declaration against future threats to her administration.