Tinio may have broken anti-wiretapping law for impeachment complaint – lawmaker

ACT-Teachers party-list Rep. Antonio Tinio may have violated the Anti-Wiretapping Law when he presented an audio recording of a closed-door executive session in the House of Representatives as evidence in an impeachment complaint lodged against President Benigno Aquino III Monday, a lawmaker said.
 
Ako Bicol party-list Rep. Rodel Batocabe said the legality of the audio recording Tinio included as evidence should be questioned because it was taped without the knowledge of any of the officials who attended the executive session.
 
“Ang executive session dapat confidential… Pero ano’ng nangyari? Ti-nape ng isang staff o empleyado ‘yung proceedings. Ngayon ang tanong, ito ba ay legal? Mayroon tayong Anti-Wiretapping Act na kung saan bawal mag tape ng isang private communication na walang pahintulot. So, may kwestyon na po sa legalidad nito,” he said at a press conference.
 
Even the minutes of an executive meeting in the House may not be released to the public unless it is approved by House leaders, the lawmaker added.
 
On Monday morning, Tinio presented a CD containing the audio recording of executive sessions attended by Commission on Higher Education Chairperson Patricia Licuanan and Health Undersecretary Janet Garin as evidence that the pork barrel system still exists in Congress despite a Supreme Court ruling abolishing lawmakers’ Priority Development Assistance Fund.
 
“Nagbitiw siya (Licuanan) ng mga di maikakailang mga statement na nagco-confirm na una, mayroon pa ring congressional pork… [Kay Usec. Garin], ang malinaw na sinabi ay ang perang nasa DOH ay pera ninyong mga kongresista at kayo ang magtatakda kung paano ito gagamitin,” Tinio said of the recordings.
 
Republic Act 4200, the Anti-Wiretapping Act of 1965, prohibits the recording of any private communication or spoken word without the other party’s consent.

The law also penalizes any person who knowingly possesses a recording of the private communication illegally tapped even though he or she is not a party to the actual recording process.
 
Under RA 4200, no part of an illegal wiretap can be used as evidence in any judicial, quasi-judicial, legislative or administrative hearing or investigation.

Section 37 of the House Rules allows a committee to hold an executive meeting where "only those persons specifically authorized by the committee shall be admitted to the meeting."

The rule also states that those present "shall preserve the confidentiality of everything read or discussed in the meeting."
 
Not private communication
 
For Tinio, the law cannot be used as basis to ban the release of the audio recording especially since it “shows proof that wrongdoing was committed.”
 
What transpired during the executive session cannot be described as private communication even though the meeting was held behind closed doors, the lawmaker added.
 
“It was a communication between public officials using their time and in their capacity as public servants so [the provision of the law regarding private communication not being tapped] does not apply,” Tinio said.
 
Batocabe, however, said he sees nothing wrong with the remarks made by Licuanan at the executive session since she was just explaining the guidelines on how lawmakers can help their constituents avail themselves of scholarships.
 
Lawmakers were allowed to recommend their projects or constituents to the appropriate government agencies for funding after the PDAF was removed from the 2014 General Appropriations Act (GAA) when the Supreme Court declared it unconstitutional last year.
 
4th complaint not referred
 
ABS party-list Rep. Catalina Leonen Pizarro said Tinio’s submission of another impeachment complaint was “just a waste of time” since part of its bases were transcripts of a wiretapped conversation at an executive session, which she said is not allowed under the law.
 
The impeachment proceedings against the President formally began Monday with the referral of the three impeachment complaints filed against Aquino in July to the House Justice Committee.

However, the complaint drafted by Tinio and 15 other petitioners has been barred since it was not referred along with the three other suits to the panel.
 
Under the law, only one impeachment proceeding may be initiated against the President every year. The three complaints constitute one impeachment proceeding.
 
The Justice Committee’s deliberations on the sufficiency of form of the three impeachment complaints will begin on August 18. — JDS, GMA News