DOJ charges are ridiculous — PCIJ
Posted by: Sheila Coronel | March 15, 2006 at 5:05 pm
Filed under: In the News, Media
PCIJ Statement
IN an interview with ANC this afternoon, Justice Secretary Raul Gonzalez said that that the government is monitoring the Philippine Center for Investigative Journalism (PCIJ). “It is very clear,” he said, “they have been posting in their website many things I consider as inciting to sedition. We are studying them.”
“For example,” he added, “ the fact that it kept on posting the matters in the Garci tape is violative of [Republic Act] 4200 (the anti-wiretapping law).”
This charge is ridiculous. In June 2005, the PCIJ posted the three-hour audio recording of the alleged phone conversations of former elections commissioner Virgilio Garcillano. Our intent was to inform the public of the contents of those conversations so that they can make an independent judgment on the allegations of election fraud. The recording was clearly a matter of public interest, and it was this interest that we were upholding.
How can we be accused of inciting to sedition and of violating the anti-wiretapping law by posting the audio files of a tape that has been played in Congress? Radio and television stations have played portions of the tape as well. Press Secretary Ignacio Bunye even played and presented to the media a different version of the supposedly wiretapped recording. Moreover, that recording is posted in about a dozen other websites and blogs.
Yet the Justice Secretary has prejudged our case and made a conclusion without giving the PCIJ the benefit of due process. How can a Justice Secretary do that?
As far as we know, the Bill of Rights and the Rules of Court are still in place. We are presumed innocent until proven guilty. We cannot be pronounced guilty on his mere say so.
I would like to ask the Justice Secretary: When the PCIJ published its exposés on the unexplained wealth and mansions of former President Joseph Estrada in 2001, were we also inciting to sedition? Our reports were used in the impeachment charge against Estrada. Were we inciting to sedition then? If some people went to Edsa after reading our reports, was that inciting to sedition?
If it is, then any legitimate piece of investigative journalism is seditious. Then anything that comes out in the media today can be construed to be seditious.
Secretary Gonzalez intends to intimidate the PCIJ. That is not his job. The job of the justice system is to provide an enabling environment that allows free and responsible journalism to be practiced. It is to protect journalists like ourselves from harassment suits and ridiculous charges. Instead he has become the purveyor of these charges. We are so very disappointed.
Sheila S. Coronel
15 March 2006
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[...] DOJ charges are ridiculous - PCIJ. True, true. And so is Raul Gonzalez. [...]
Sometimes I wonder if Gonzalez is trying to draw the fire so as to take some heat off his boss. He’s very good at pissing people off, and unlike Sen. Miriam Santiago who shoots her mouth off in like manner, he’s not even funny.
I’d really like to read a legal analysis/discussion of the pertinent sedition-related articles in the Revised Penal Code and how these are being applied to make these ludicrous charges.
i thought they have already dismissed the “hello garci” tapes as fake? why is siraulo gonzales then using it as a basis for his inciting to sedition charge against PCIJ? why single out pcij when everybody is playing it as what miss coronel here is saying?
hindi naman dapat sa justice dpartment ang puwesto netong si siraulo gonzales eh. dapat sa kanya sa “the buzz”or di kaya sa “start talk”. mas bagay siya doon. puro tsismis lang ang alam niya eh.
Im not disappointed with Raul Gonzales because i never expected that something good will come out of him. This is exactly the kind of sh*t that i was expecting. Ever since he became the Justice Secretary, he took the job of being the hatchetman of this administration. Harassing and slapping people with invented charges left and right. He is rude and thinks that he can fool anybody.
The fact is, every time he opens his mouth, sh*t comes out of it. When you think he is just puking, he is actually taking a dump.
it seems that the current definition of enciting to sedition is - an investigative report that, however true, will hurt the squatter in malacanang.
“The fact is, every time he opens his mouth, sh*t comes out of it. When you think he is just puking, he is actually taking a dump.”
ROTFL - Geez thanks dimasalang. I needed that laugh.
two relevant quotes:
- Edward R. Murrow
- Edward R. Murrow
magandang tagteam sila DOJ sec. siRAULo Gonzalez at Brenda Miriam. LMAO!
Dear PCIJ,
as long as you pursue the truth with diligence, and report the news accurately, that’s all that matters to us.
and bunye, siraulo gonzalez, pidal, mike defensor and arroyo can go to hell if they don’t like it.
john marzan
here’s the statement of recto to the ingrate glue-ria.
“Arroyo owes her ascension to PCIJ”
http://news.inq7.net/breaking/index.php?index=1&story_id=69497
Come on, guys! Let’s just say what we want to say without calling Raul and Miriam names! As for SSC’s March 15th statement, I just would like to say: BRAVO!
if its against them, its inciting to sedition, but if its for them, its the truth … see how twisted the truth really is?!?!?!?!?!
We can only agree, Gido. Let’s exercise our critical faculties in a sober and level-headed manner. No reason to resort to name-calling.
Is this where our taxes go to? I think its hightime we give our taxes directly to NGOs instead of giving it to this government. Itong mga supposed to be “employados” natin ay sinasayang lang ang pinagpapaguran natin. They say that congress is wasting our taxes with their neverending investigations, mas gusto ko pang imbistagahan kung saan napupunta ang buwis ko kesa magpasuweldo ako ng mga walang kuwentang mga tao.
This is the reason why the administration hates the senate so much, nabubuko kasi yung mga katiwalian nila. The citizenry should now wake up to what’s really happening to our country. Hindi natin dapat ipa-isangtabi ang demokrasya.
Justice is supposed to be blind and fair, with the actuations of this administration, sino kaya ang tutuong distabilizer?
Its about time to investigate GOnzalez for malfeasance, corruption, dereliction of duty, involvement in vote rigging, incompetence etc… Its time to expose this guy before he can do harm to a descent organization like PCIJ.
By the way he (Gonzalez) should keep on reading PCIJ so that he can learn something new and refreshing. Perhaps he should visit all the site pertaining to the GARCI tape and he might be able to find idea on who to prosecute and build case on the personalities around it. Perhaps he should Prosecute Garci for sedition instead, not PCIJ.
you’re right alecks. i was just keeeding about them.
baka makulong pa ako “for inciting to sedition” because i made fun of mr. gonzalez.
‘Di ba na-disbar na yan dati, paano pa naka-balik yan? Dapat nung binalik yan, behind bars, behind bars sa National Mental Institute. Dapat siguro kuning writer yang matandang yan sa tv para sa telepantasya. Aba’y pati si Tom Clancy ay ‘di uubra diyan.
Sabi nga ni Billy Joel, “its just a fantasy”.
Sec. Gonzalez is clearly referring to Section (1B) of RA4200 in threatening PCIJ:SECTION (1B) It shall also be unlawful for any person, be he a participant or not in the act or acts penalized in the next preceding sentence, to knowingly possess any tape record, wire record, disc record, or any other such record, or copies thereof, of any communication or spoken word secured either before or after the effective date of this Act in the manner prohibited by this law; or to replay the same for any other person or persons; or to communicate the contents thereof, either verbally or in writing, or to furnish transcriptions thereof, whether complete or partial, to any other person: Provided, That the use of such record or any copies thereof as evidence in any civil, criminal investigation or trial of offenses mentioned in Section (3) hereof, shall not be covered by this prohibition.
Paradoxically, unless Sec. Gonzalez himself has a Court Order under Sec (3) he would be in violation of Sec (1B) just “browsing” the PCIJ website, since we all know that a browser downloads a copy of said webpage and contents before it can be examined.
DOJ is vulnerable, very vulnerable, to REDUCTIO AD ABSURDUM because Lorenzo Tanada was a civil libertarian genius and RA4200 is thus not easily manipulable or exploitable by meanies with mediocre minds.
RA4200 is the shortest law I know of. It is really a poem. Read it, know it, use it, it is your friend!
I think that the basic ethical principle which inspires RA 4200 is this:
The line that separates
the RIGHT OF THE PUBLIC TO KNOW
from the RIGHTS OF PRIVACY of public officials
is the RIGHT AGAINST SELF-INCRIMINATION of all citizens.
As righteous law-abiding citizens of the Republic, we should at all times seek to obey its laws. On the matter of the Garci Recordings, just look at the last sentence of Section (1B):
Provided, That the use of such record or any copies thereof as evidence in any civil, criminal investigation or trial of offenses mentioned in Section (3) hereof, shall not be covered by this prohibition.
Congress may indeed already have you covered for possession and distribution of these recordings. Moreover, no one can be prosecuted for possession of “illegal recordings” unless it is first established in a Court of Law that such recordings were made illegally.
The Public and the Free Press need not be defensive about receiving these recordings from IGNACIO BUNYE. We believe they are EVIDENCE of crimes against RA 4200 in the apparent WIRETAPPING of the Chief Executive and Commander in Chief by person or persons unknown, but allegedly ISAFP. (Maybe they are also evidence of VOTE RIGGING, but that is secondary at the moment).
If DOJ moves against PCIJ and files cases of inciting to sedition against them, the Garci Recordings WILL become EVIDENCE in a civil ro criminal investigation and trial. Wonderful.
I HOPE DoJ does FILE such a case against PCIJ. It will clarify the PROVENANCE of the Garci Recordings for sure during the trial on materiality and relevance of the EVIDENCE in Gonzalez vs. PCIJ.
What the Public ought to be asking the Secretary of Justice is:
WHO, WHAT, WHEN, WHERE, HOW AND WHY were the Garci Recordings made?
For to be disinterested in the answers to these questions reveals, if not complicity in an obstruction of Justice, at least dereliction of duty on Mr. Gonzalez’s part.
The Garci Recordings’ mere physical existence is proof of deep violations of RA 4200. They are acclaimed to be illegal wiretaps. He should go after the perpetrators hammer and tongs, not hemming and hawing.
How does Raul compare with Fortunato in terms of senility?
Testimony in the Senate has already established that voices of members of ISAFP, including Vidal Doble, are in the Garci Recordings. Those voices claim that appended recordings are those of PGMA, Garci and various other public and private persons. Even if it is conceded that the content of the conversations are legally meaningless, unless those men can produce properly dated Court Orders for making the recordings, they would be liable under Section (1A) of RA 4200:
SECTION (1A) It shall be unlawful for any person, not being authorized by all the parties to any private communication or spoken word, to tap any wire or cable, or by using any other device or arrangement, to secretly overhear, intercept, or record such communication or spoken word by using a device commonly known as a dictaphone or dictagraph or detectaphone or walkie-talkie or tape recorder, or however otherwise described.
Whoever has the digital Adam&Eve of all Tapes has the evidence of this root crime against RA4200::illegal wiretapping, a crime against national security itself. And there are multiple witnesses and direct participants to this alleged crime. They are mainly soldiers, again prostituted to partisan political purposes, allegedly like the First Scout Ranger Regiment, like the First Marine Brigade, like the PNP SAF.
Our sad archipelago has become a political bordello where honorable men must gigolize their honor, even as they do battle with armed enemies of the state. And when they mutiny against their exploitation by politicians, when they rebel against such a RAPE of their dignity, it is called Treachery against the Chain of Command.
Here is Lt. Col. Archie Segumalian at Fort Bonifacio. After the honorable Marines were “raped” in Lanao del Sur.
MP3
Was he inciting to sedition? Or crying out in pain?
I think he was crying in pain. Dignity and honor is utmost for the marines. To be used in such illegal acts was just to much to take for these men. Their strict adherence to the marine code is something all Filipinos must understand. In the end, this code became a hindrance to get the truth out.
*Jay Sonza was able to corner Sec. Gonzalez this morning about their monitoring of media. With all his arrogance, he stated that media is abusing their right and are biased in their “opinions ans commentaries”.
Jay then followed-up telling Gonzalez that media’s role is to fiscalize and not to propagandize. Media would not be reporting bad governance if there was none. Jay even asked gonzlez if the administration’s stand now is if GMA admitting that she was indeed the one in the Garci tapes, because if this is so, she has to make a formal complaint that she was wiretapped. Gnzlez went on to his usual rhetorics of course as he was caght offguard.
Moral of the story, know the law and too much talk can get you in real trouble.
Justice Secretary Raul Gonzalez of gloria macapagal arroyo IS NOT JUSTICE SECRETARY OF THE PHILIPPINES. He’s out there to protect gloria, not the interest of the Filipino people, who cares? But the problem is, he’s being paid with hard earned taxpayers money.
If I were a man with advance age as he is, I would devote my time in government protecting the rights of the many rather than the right of one gloria macapagal arroyo family.
gonzalez is all talk and no substance… si bunye all talk and no credibility… si mike all talk and no truth… si norberto gonzalez and the rest of her cabinet secs all talk all coverup… etc..etc.. ladies and gentlemen i give you the presidents men.. tsk tsk
hoy sec. gonsalez! napakagaling mong tang@!
your just a piece of sh*t!
kakaasar ka kng ano binabato wala nman silbe! basta maprotektahan mo lng amo mo kaw na aso ka!
inciting to sedition na yan? ha!?
Just expose the injustice, corruption and wrongdoing of this administration. Brush off whatever Raul Gonzales has to say. (by the way - have you investigated his S.O.A. when he was a congressman and now that he is the secretary of DOI-Dept. of Injustice? Bakit kaya umangat? Sama ninyo sina Defensor, Bunye and whoever is clinging to GMA for money and power - it seems like gumanda yung lifestlyes nila).
Sec Gonzales’ head has swelled up because of, among other things, MONEY. He will do all that he can to please the president in exchange for wealth (this goes the same to all the prez’ men and women in the cabinet and in congress). There is no other rationale behind their loyalty to an illegitimate president.
That’s all that he can do is to intimidate. So let him be, hanggang dyan lang si Raul - believe me. Ma-abuso talaga yan because of his stingking ego.
They are what you call the modern day cronies.
To all the peeps of PCIJ - “KEEP UP THE GREAT WORK…if you get cornered put up your fists and fight”
its a good thing we have pcij to expose whatever wrongdoings they see in the goverment, keep up the good work! we are behind you guys!
kaya ganyan si Gonzales kasi, the present legal and justice system can ferret the truth from the culprit. Tingnan nyo si Norberto Gonzales, si doble, si garci, si jonathan tionco, si mike arroyo, si micky arroyo, si abalos, si bunye, si defensor, si mawanay, si mahusay…napakasinungaling na mga tao..pero ang sistema natin di kayang ilabas ang katotohan na ang mga eto mga sang damakmak na sinungaling. puro imestigasyon..kahit sa korte di mo makuha ang katotohanan…
ang nakakatakot dito ay, di rin kayang i-prove ang mga hindi totoo..kaya kung sinabi ni Gonzales na inciting sedition ang mga party list at ang PCIJ, di kaya rin ng sistema natin na ilabas na eto ay walang katotohanan..
sa ngayon wala sa mga taong gobyerno o sa sistema ng gobyerno ang kakayanang mailabas ang katotohanan..O baka nawalan na lang talaga ako ng tiwala…
Shiela asks, “How can a Justice Secretary do that?”
Tanong ko naman: ‘di ba yan, eh, na-suspinde na nuon,
“FOR IGNORANCE OF THE LAW?”
Nalilito na talaga ako! Ang meaning pala ng SEDITION
at this juncture, ay ….. ewan!!! Ano nga ba???
Eh, ‘di ba kaya, “The “unlawful act” of revealing the
TRUTH, resulting to the impediment of the “lawful acts”
of graft and corrupt practices in government?”
Well, Shiela, hanggang Law 1 lang ang napag-aralan ko.
Kaya, sorry na lang. Hindi ko masasagot ang katanungan
mo. Pero, palagay ko, kung ‘yan nga talaga ang meaning
ng sedition, delikado ang PCIJ.
call it ridiculous but PCIJ took it seriously.
PCIJ should just have ignored it. who gives a damn about whatever they say nowadays?
am feel very sorry for raul gonzales, bunye & mike defensor. too much dedication to gma that they dont see clear much the real picture what’s happening… they are blind, power-drunk, and paranoid… suckers…
my dear sheila, just ignore raul. panahon kasi ngayon ng mga gonzales. two or three months ago, nasa news ang mga garcia. now mga gonzales naman, pag isama mo ang head ng nsc ni pandak. just understand him. ganyan talaga ang mga matatanda. maski ano na lang ang sinasabi. malapit na kasing matulog ng mahimbing yan kaya nag-iingay. just go on and report what’s the truth. to be in jail by telling the truth is better than dying thru lies. kuha mo, raul?
” The truth shall set us free”
PCIJ dudes you are doing a great job! but please be really careful watch yourselves be safe.
mga kbbyan tama lng c sec gonsalez,at s lahat masama ang sobrang
democrasya kuno,baka tayo madisgrasya.pinapanalangin ko sana matuloy ang chacha,sana magkaroon tayo ng tatlong state.luzon,visaya
at mindanao.Mag edsa na kayo ng mag edsa hwag nyo kaming idamay
s mindanao.Bakit kyong taga luzon ang nag ddekta ng kahihinatnan ng bansa?kayo lang ba ang botante?Yang guingona n yan,dinky soliman n yan,cory aquino lahat ng personality n yan kumakalam b ang sikmura ng mga yan?yang corruption s AFP pnahon p ni cory yan dapat ksama
cla s kksuhan.
marami p sna akong ssbihin,nung estudyante p lng ako umakyat n rin ako s bundok(npa)during marcos,pero bumaba din ako isang buwan
lng kc nkta ko cla din my politika(d rin nagkksundo).Sana pagbigyan nyo
nman n mkaahon n tayo.D2 s london nung binumba last year,dming din
nmatay,after 2-3 weeks nag rally ang taong bayan laban s mga terorista
pinapalayas nila d2,hamon ko kay k satur nung nkaranas tyo ng maraming pambobmba ginawa ba nila ito?bakit pag politics o politiko ang nasa likod nila ang bbilis nilang magrally?tanong lng..
salamat,
erwin
united kingdom
d ko nillhat pero marami din medya kuno bayaran,dpat my limitasyon
din.dpat cguraduhin nyo muna bgo nyo ilathala s phayagan,gaya nung
ksagsagan ng e-vat;sbi s isang tv news tumaas ang blihin s isang palingke dhil s e-vat.nung pinuntahan tumaas pala ang presyo dahil
kulang s supply.Un maling impormasyon n un taong bayan magpanic
n,mliit lng n bgay un pero mkk alarma din,sna d lang governo o pmhalaan
ang magbgo pti rin kyo s medya.
salamat,
erwin
Media always says to the GOvt that they should do this and that.. bakit media ba ang binoto natin.. parang self proclaimed na pangulo sila kung umasta eh 99% naman ng balita nila eh bulok .. at pag nagkamali sila ay freedom of speech kaagad sinisigaw.. dapat managot din sila sa kapalpakan nila .. yung takot sa media ay yung mga politiko na mga corrupt..yun lang po.. sabi nga nila .. if you cant beat them.. join them…(ERAP SAID)
coldfeet.
The media is there to present the things that are going on around us, both sides of the story, i may say. And these stories that they tell us will become HISTORY in the future. It is up to you what to believe. Kung libelous naman ang sinasabi ng media, pwede naman silang idemanda kung may ebidensya. At nasa sa iyo na rin kung anong balita ang gusto mong tutukan. Sa mga nangyayari ngayon, kung gusto mo ng pro-Arroyo news, dun ka sa mga reporters niya, like from Channels 4, 9 & 13. There are also newspapers and blogsites na pro-GMA. Kaya nga lang hindi pinapansin ng mga tao kaya yung mga pro-GMA eh nakikibalita o ‘nakikihalo’ sa mga hindi pro-GMA na newspapers and blogsites. So, i mean, it is up to you pal! ‘MEDIA’ IS A MEDIUM THAT MAKES HISTORY!
Media’s role is a fiscalizer and not a propagandist. Kung walang katiwalian, wala rin ibabato sa administrasyon. Kung may dapat akusanhan ng panlilinlang ay mga himpilan na buwis ng taong-bayan ang nagpapatakbo at patuloy na ginagamit ng pamahalaan sa propaganda. Its hightime these stations are privatized. The government has no right in dipping its hands in media.
yang hello garci n yan marami ng kumita nyan!…ma tv,radio,dyaryo
marami pa..cnong kwwa?cory ba?c guingona b? c D. Soliman b?c erap
b?c Ramos b? c Drilon b?c GMA b?…ngugutom b ang mga yan?…tigil
nyo n yan..
Dpat 2loy ang chacha para maayos ang mga batas n maraming butas
marami pang pinapasweldong walang silbing mambabatas….
Marami ng kumita s hello garci,la 2loy nggwa mga mambbatas,nagkmatay n ung iba s landslide bangayan p
cla ng bangayan magtrabaho n kyo sayang psweldo s inyo..
5642erwin,
talagang ganyan pare, pasalamat na lang tayo maraming foreign aids ang dumating nung nagka landslide.
Some people in this blog just want to rant and rant. Well rant at this, if I would suddenly take something that is so dear to you would you still have the guts to say the things you wanted to say in this blog. Fact is, 80% of us can say things because we are in cyberspace and think nothing of the consequences of our actions. Some way or another each one of us will have to pay for what we said.
I guess the measure of a true person is being able to say what he wanted and live the consequences of his actions until his dawn.
[...] In earlier statements, the PCIJ has said that it cannot be sued for violating the anti-wiretapping law because the “Hello, Garci” recording that is posted on this blog has been played in many other public fora, including a congressional hearing. Portions of the recording have also been aired by TV and radio stations. Press Secretary Ignacio Bunye himself has played a different version (also posted on this blog) of the allegedly wiretapped recording; and tens of thousands of Filipinos have also used parts of the recording in ring tones on their mobile phones. [...]
Ooops sorry haba pala
for more info, just visit:
http://www.lawphil.net/judjuris/juri1988/oct1988/gr_79690_707_1988.htm l
si raul oh!
[...] Ordering the military and the police to “suppress all forms of lawless violence as well as any act of insurrection or rebellion,” Arroyo said the country was under threat from a Left-Right conspiracy to overthrow the government. This led to the arrests of ralliers on February 24, the day Proclamation 1017 was issued, left-wing party-list representatives, and members of the military. The Justice Department also said some members of media are being investigated for publishing and airing “seditious” reports. [...]
Tingnan mo nga naman ang tao, noong panahon ng kadiliman itong si Raul di nag patuta kay Marcos. Lumaban sa diktadurya naalala ko pa paborito kong ang kolum nya sa diyaryong Malaya. Pero ngayon naku poh! di nga nagpatuta kay Marcos nag patuta naman kay Gloria. Diyos ko ka Raul may konsiyensya ka pa ba? Maawa ka naman sa mga kasamahan mo noong araw na di isinuko ang prinsipyo. Sabagay di namn si Marcos ang pinagsisilbihan mo ngayon si Gloria di ba dre? Pero ka Raul subukan mong manalamin baka mahipan ka ng hangin hindi naman huli ang pag babago alang alang sa bayan.