Failon lawyers: Cops can’t get Etong’s phone, may only view contents

MANILA, Philippines – Legal counsels for Ted Failon (Mario Teodoro Failon Etong) on Wednesday said they would not allow police to take the late Trinidad Etong’s mobile phone, but clarified that they were not preventing authorities from looking at the phone’s contents. Lawyer Kristine Tiangco said police could not take possession of Etong's phone because there might be personal messages and details in it that would be best kept private between the couple. Tiangco said that did not mean investigators would never be able to know the contents of the phone. Tiangco said police could still view the details contained in the phone, provided that they would do it in the presence of Failon’s lawyers. Tiangco said they made that offer of "jointly" viewing the phone’s contents on the very night officials from the Quezon City Police District (QCPD) came to Failon’s house in Tierra Pura Homes on April 15 to investigate the shooting of his wife. "Sabi namin kay Ted baka covered iyan ng privileged communication between husband and wife. Since wala ka [Ted] naman tinatago diyan, kami na bahala. Sabihin na lang natin sa pulis na sabay naming tignan," Tiangco told reporters after filing on Tuesday counter-affidavits of Failon and his household regarding obstruction of justice charges filed against them. ["We told Ted that the issue is probably considered privileged communication between husbane and wife. Since he's not hiding anything, we'll take care of everything. Let's just ask the police to look at it with us."] "Kung makikita natin na may text message dito na covered by privileged communication then hindi talaga pwedeng ibigay iyan [If we see messages covered by privileged communication, then we can not really give it to police]," she added. After being refused to have possession of the phone, investigators’ reportedly tried to invite members of Failon’s household for questioning at Camp Karingal. "Hindi na nila napansin [ang issue ng cellphone] at that time at mas-concerned sila na i-invite kuno ang mga respondents [They suddenly did not bother looking at the phone and just were concerned about bringing the respondents to the precinct]," Tiangco said. Alfred Molo, another lawyer of Failon, also said that they were willing to show the contents of the phone, but policemen wanted to take it away from the broadcaster altogether. “Willingly nag-submit kami to a joint examination together with the police. Pero ‘yung police naman hindi na nila tinignan. Gusto nila kunin talaga ang telepono," he said. ["We willingly submitted it to a joint examination together with the police. But did not even look at it. They really wanted to take the phone."] Molo added that authorities cannot take away Etong’s phone without a search warrant. "Para kumuha sila ng kahit anong gamit, kailangan nila ng search warrant [They have to show a search warrant before taking any of the Failons’ possessions]," Molo said. Members of the QCPD Criminal Investigation and Detection Unit, led by Superintendent Franklin Moises Mabanag, earlier filed an obstruction of justice charge against Failon, his driver, and three house helpers. Investigators said Failon obstructed justice not only when he failed to report the shooting of his wife but also when he insisted on not giving up his wife’s phone to police. Police said they wanted to get a hold of Etong’s phone not only to review the text messages in it but also to confirm Failon’s claim that he was still able to talk to Trinidad over the phone on the morning of the shooting. - GMANews.TV