Inside PCIJ: Stories behind our stories

AGRICULTURE Secretary Arthur Yap today announced that he was leaving government so that he could clear his name in the P4-million tax evasion case filed against him by the Bureau of Internal Revenue. Yap said in a news conference today that the tax case would make him more a liability than an asset to President Gloria Arroyo, at a time when she was facing a crisis of her own.

"Last night, I had a heart-to-heart talk with the President and I explained that under the current circumstances, I will be ineffective as a secretary….This is a personal decision between the President and myself, ” Yap said.

Could there be more to Yap’s resignation than just the tax evasion charges?

Yap happens to be very close to Gloria and Mike Arroyo. He was her student in economics at the Ateneo, and is said to be one of Mike’s close friends. Yap is reportedly part of the First Gentleman’s circle of amigos that include:

• former DA Undersecretary and now Government Service Insurance System (GSIS) director Jocelyn Bolante
• Pagcor chair Ephraim Genuino
• former NAIA General Manager and now Laguna Lake Development Authority Administrator (LLDA) Edgar Manda (more…)

AS we have pointed out, last Monday’s televised message of Pres. Gloria Macapagal-Arroyo failed to address a lot of issues and only raised more questions. While she admitted that she ”had conversations with many people, including a Comelec official” and that the phone call was a “lapse in judgment,” Pres. Arroyo neither confirmed nor denied:

• that she had a conversation with then Comelec Commissioner Virgilio Garcillano;
• that the conversation was taped and/or wiretapped; and
• that she either authorized or did not authorize the recording/wiretapping.

To better appreciate and hopefully address the legal issues revolving around the "Gloria-Garci" tapes, the Free Legal Assistance Group (FLAG) has released a 15-page document containing Frequently Asked Questions on the Anti-Wiretapping Law and related issues.

THE Social Weather Stations has released the record of First Gentleman Jose Miguel "Mike" Arroyo’s past trust ratings following the President’s announcement that he has volunteered to go abroad.

In 11 national SWS surveys from January 2001 to March 2005,  Mr. Arroyo had an average of only 22 percent saying they had much trust in him.

Since an average of 46 percent said they had little trust in him, Mr. Arroyo’s resulting average net trust rating was 24 in this period, according to the research organization.

The March 2005 survey finding of 16 percent  with much trust and 60 percent  with little trust in the First Gentleman, or net 44, was the lowest degree of trust recorded during the period. 

Mr. Arroyo’s net trust rating was positive only in January 2001.

Statistical analysis has consistently shown a direct correlation between public satisfaction with a president’s performance and public trust in the president’s spouse, SWS said.

SWS has regularly polled public trust in presidential spouses ever since the administration of President Fidel Ramos, and reported these to its subscribers. 

The SWS’s full report can be accessed at its website.

NOW that Pres. Gloria Macapagal-Arroyo has admitted that “she is the woman in the tapes talking to a Comelec commissioner” (widely believed as Virgilio Garcillano), the Committee for the Defense of Lawyers (CODAL) has come out with a legal memorandum citing possible violations of the Constitution and threats to the administration of justice that the president could be liable of, contrary to her claim that her acts were a mere "lapse in judgment."

The legal study done by CODAL, an organization of lawyers campaigning against attacks on lawyers and other threats against the legal profession and civil liberties, concludes that Arroyo may have committed crimes and offenses in violation of the Revised Penal Code, the Omnibus Election Code, the Anti-Graft and Corrupt Practices Act and the 1987 Constitution for the following acts:

1. Despite knowing that she was the person in the tape, Pres. Arroyo (or at least, allowed) Sec. Bunye to declare that the said ‘tape’ is a concoction of the opposition to destabilize the government—a very serious charge against members of the opposition. The use of one’s public office (the Office of the President and the Press Secretary) for personal ends or interest (in this case to cover up her actions) and spread misinformation, is unlawful.
2. Pres. Arroyo allowed, if not ordered, Sec. Bunye to present the ‘genuine’ CD containing her supposed conversation with Mr. Edgar Ruado in a Malacanang press conference on June 6, despite her knowledge that the said ‘genuine’ CD is completely false.  Pres. Arroyo is aware that she had the conversation with a COMELEC official and not with Edgar Ruado.  The use of the resources of a government office (such as the Office of the Press Secretary) to disseminate false information for the purpose  of defending  and covering up her personal (and illegal) acts is a criminal offense. This is violative of Section 1 (f) and (i) of PD 1829 on Obstruction of Apprehension and Prosecution of Criminal Offenders.
3. Her order or ‘request’ for Comm. Garcillano to ‘delay’ the canvassing of Senatorial elections is in violation of various provisions of the Omnibus Election Code prohibiting the delay or disruption of election processes.
4. Her implied ‘request’ for Comm. Garcillano to deny any petition filed by Sen. Rodolfo Biazon to open the election documents in Tawi-Tawi is an unlawful interference in the quasi-judicial function of a member of an independent constitutional body.
5. Even if Pres. Arroyo will not admit to being privy to Comm. Garcillano’s fraudulent acts, she still violated  Art. 208 of the Revised Penal Code, among others, for her failure to file the necessary legal action for the impeachment and prosecution of  Comm. Garcillano.
6. Talking with her appointee, Comm. Garcillano, is a betrayal of public trust and violates the the Anti-Graft and Corrupt Practices Act for Undue Influence on a public official.  Reappointing Comm. Garcillano to the COMELEC despite her knowledge of said electoral fraud can be used as proof of conspiracy to commit fraud.  If Pres. Arroyo intended to officially communicate with the COMELEC, she should have corresponded with Chairman Abalos rather than her appointee. This also puts into question her persistence in appointing Comm. Garcillano to his post despite widespread opposition.

The complete study can be downloaded here.

WITH the ongoing House hearings on the taped conversations involving Pres. Gloria Macapagal-Arroyo, we are also making available for download the audio files of the versions — "original" and "spliced" — that Press Secretary Ignacio Bunye released to the Malacañang Press Corps, as well as the one that Sen. Panfilo Lacson has asked the Australian forensic audio specialist UniQuest Pty Limited to authenticate:

• Bunye "Original" — 1 | 2 | 3 | 4
• Bunye "Spliced" — 1 | 2 | 3 | 4 | 5
• Lacson Version — 1 | 2 | 3 | 4 | 5 | 6 | 7

AT about 11:30 this morning, the President, speaking in her usual drone, announced before the country’s top business executives the exile of her husband, without admitting that he or any other member of her family were guilty of indiscretions and stressing instead the sacrifices her family had made for her presidency. (Download the President’s speech in PDF or audio file)

Just minutes later, even before Filipinos could digest the full import of that announcement, the rug was swept from under the President’s feet. At Club Filipino, Susan Roces, speaking mostly in Tagalog, said in no uncertain terms: the President stole our vote. She must resign. (Download excerpts of Mrs. Poe’s statement in PDF or audio files 1, 2 and 3.  *The sound quality is not the best)

The contrast could not have been more dramatic. Mrs. Arroyo was speaking in English from a prepared text, in her typical business-as-usual, admit-no-evil, “I-have-a-Phd-in-economics” manner to businessmen who wanted to be assured that the current political controversy would not unduly destabilize the economy. She offered her husband as the sacrificial lamb, with the hope that the offering would appease the business community and the middle class. (more…)

PCIJ has received requests to post the audio file of President Arroyo’s June 27 announcement in which she apologized for a "lapse in judgement" for phoning a Comelec commissioner after the May 10, 2004 elections.  We’ve uploaded the file here.

SHORTLY before noon today, President Gloria Macapagal-Arroyo announced in a speech before businessmen at the Manila Polo Club that her husband, First Gentleman Mike Arroyo, would be leaving the country to “remove himself from any situation that has cast doubt on my presidency.” The First Gentleman has been embroiled in scandal after scandal, the latest of which was the allegation he took money from jueteng operations. In banishing her controversial spouse, the President said her family “is once again called to sacrifice my personal happiness.” This leaves the President alone to face public opinion in the aftermath of her admission Monday that hers was indeed the voice on the “Hello, Garci” tapes.

PCIJ sought the reaction of political activists to the latest damage-control measure by Malacañang. Several of them had gathered this morning at the U.P. Bahay ng Alumni to launch a movement called Laban ng Masa aimed at ridding the country not just of President Arroyo but also of the elite as well. Here are some of the comments. (more…)

Bantay ICT (ICT Watch), a group of advocates doing analysis and policy interventions on information and communication technology issues, especially those related to communication rights, has issued a statement concerning the "hacking" incident on our blog. Following are excerpts from the emailed statement:

Bantay ICT strongly condemns the reported hacking of the PCIJ website. This incident is an infringement on our constitutionally guaranteed right to information and freedom of expression. It bodes of worst things to come. (more…)

PRESIDENT Arroyo’s unexpected announcement on Monday night came after 12 of her Cabinet members persuaded her to break her silence on the controversial phone conversations she had with former Elections Commissioner Virgilio Garcillano after last year’s elections.

The Cabinet secretaries hinted to the President that they would quit their posts if she did not speak up, sources in the Arroyo administration said. The sources requested anonymity.

In a meeting with the President at the Palace last Saturday, the 12 Cabinet members also offered her the following pieces of advice: (more…)