De La Salle University Student Council P.L.A.R. No Resolution No

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1 De La Salle University Student Council P.L.A.R. No Legislative Assembly Status: Approved Resolution No Sponsored by: National Affairs Committee Ryan Bitanga, 59 th ENG Marvin Chua, BNE 2006 Mandee Comia, FOCUS 2004 Sherwin Lao, BNE 2006 Lindsay Ngo, FAST 2003 Kat Sanchez, CATCH 2T8 RESOLUTION CALLING FOR DE LA SALLE UNIVERSITY STUDENT COUNCIL TO RELEASE THE MANIFESTO REGARDING THE JUETENG AND WIRETAPPING SCANDALS Whereas, the Legislative Assembly is the highest policy making body of the Student Council (Article VIII Section 1, Student Council Constitution); Whereas, the Legislative Assembly shall concern itself with discussing and deciding resolutions on national and sectoral issues (Article VIII Section 4, Student Council Constitution); Whereas, First Gentleman Juan Miguel Arroyo, Pampanga Rep. Juan Miguel Mikey Arroyo, and Negros Occidental Rep. Ignacio Iggy Arroyo, members of President Gloria Macapagal Arroyo s family were accused of accepting money from jueteng operations ( June 9, 2005, The Philippine Daily Inquirer); Whereas, The Senate has conducted investigations and had Wilfredo Mayor, Richard Garcia, Abraham Riva, and Sandra Cam testify to the Senate the events and details that link several government officials to the collection of large amounts of money from jueteng operations, but were not able to provide concrete evidence to support their claims ( June 9, 2005, The Philippine Daily Inquirer); Whereas, Press Secretary Ignacio Bunye presented to reporters two CD copies of supposed taped conversations between PGMA and Commission on Elections Commissioner Virgilio Garcilano about an alleged attempt to rig the 2004 Presidential Election results ( June 6, 2005, The Philippine Daily Inquirer); Whereas, Former National Bureau of Investigation Deputy Director Samuel Ong publicly claimed that he had the mother of all tapes showing how the President altered election results in 2004 (June 10, 2005, The Philippine Daily Inquirer); Whereas, TSgt Vidal Doble disputed the claim of Atty. Ong that he was the source of the controversial tape, saying he was asked to affirm the public with a statement

2 confirming that the tape came from intelligence service, in exchange for a higher post in a revolutionary government. (June 14, 2005, The Philippine Daily inquirer); Whereas, "No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances." (1987 Philippine Constitution, Article III, Section 4); Whereas, Republic Act 7925, or the Telecommunications Policy Act of 1995, does not provide the National Telecommunications Commission with authority to censor media; Whereas, according to Justice Secretary Raul Gonzales, media outlets that air or distribute copies of the audiotape may be arrested without a warrant for violating Republic Act 4200 or the Anti-Wiretapping Act (ABS-CBN Interactive); Whereas, there has been a clamor from the house representatives, the religious and youth sector, and the military officials for GMA to comment on the tape accusations presented to the public. (June 16, 2005, The Philippine Daily Inquirer); Whereas, there has been no action taken against PGMA or her husband, eldest son and brother-in-law within the framework of the 1987 Philippine Constitution by her detractors (June 13, 2005, The Philippine Daily Inquirer); Whereas, the various groups arrayed against PGMA have not agreed upon an alternative to her administration in the event of an ouster (June 13, 2005, The Philippine Daily Inquirer). Wherefore, be it resolved that all other Student Council units and the Student Publications be tasked to disseminate information regarding the controversies upon the approval of the Legislative Assembly; Wherefore, be it finally resolved that the Student Council President forward this manifesto to the concerned government agencies. Adopted, June 22, 2005

3 MANIFESTO CALLING FOR PGMA TO CATEGORICALLY ANSWER THE ALLEGATIONS AGAINST HER AND RESPECT THE PEOPLE S RIGHTS TO FREE SPEECH The administration of President Gloria Macapagal Arroyo has been mired in controversy due to the jueteng and wiretapping scandals that have made the headlines of most major broadsheets for the past few weeks. The jueteng scandal, wherein witness Sandra Cam claimed that she personally handed jueteng payoffs to PGMA s son, Pampanga Rep. Juan Miguel Mikey Arroyo, and brother-in-law Negros Occidental Rep. Ignacio Iggy Arroyo, was the first among the two recent scandals to surface, indirectly linking the President to acts of dishonesty and corruption. Although, members of her family are accused of such, there was no concrete evidence linking the President to the jueteng involvement. This issue triggered appeals of the opposition leaders to ask PGMA to leave her post before any coup happens. Despite these appeals, PGMA was not affected and instead called for the Senate to take the jueteng cases into judiciary proceedings. On June 6, 2005, pressured by the airplay of an allegedly altered copy of a wiretapped tape by AM radio station DZMM, Press Secretary Ignacio Bunye took action to preempt the opposition s plan and released two CDs containing different versions of wiretapped conversations. Sec. Bunye had stated that the conversations were those of PGMA and an election official, reported to be Virgilio Gary Garcillano, talking about the rigging of the 2004 presidential election results. As predicted, opposition lawyer Allan Paguia released his own version of the two tapes, claiming that these were authentic copies. These allegedly included conversations between the First Gentleman Jose Miguel Arroyo, Garcillano and former Senator Robert Barbers. Following suit, former National Bureau of Investigation (NBI) Deputy Director Samuel Ong, together with members of the opposition, presented the mother of all tapes and claimed that he possessed three master tapes that contained more significant information. Atty. Ong was threatened to be arrested by the authorities and was subsequently charged with inciting to sedition after briefly hiding in San Carlos Seminary. However, Technical Sgt. Vidal Doble, who was reported by his wife to be kidnapped and held against his will at San Carlos Seminary, then the hideout of Atty. Ong, disputed the claim of Ong that he was the source of the controversial tape. According to Doble he was asked to confirm that the tape indeed came from the Intelligence Services of the Armed Forces of the Philippines (ISAFP) even though he was unaware of the contents of the tape. 1

4 Despite the fact that Republic Act 7925, or the Telecommunications Policy Act of 1995, did not grant the National Telecommunications Commission (NTC) the power to censor media, the NTC issued a memorandum banning the airplay of the tapes. In addition, Justice Secretary Raul Gonzales threatened media outlets caught airing or distributing copies of the aforementioned tapes that they may be arrested without warrants for violation of Republic Act 4200, or the Anti-Wiretapping Act. These actions are in conflict with Article III, Section 4 of the 1987 Philippine constitution which states that, "No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances." Although the house committees have called upon PGMA to comment on the tape, this was not granted. The President believes that the issues of cheating during the elections and destabilization can be discussed and investigated on without touching the said tapes. However, on June 21, 2005, Press Sec. Ignacio Bunye testified in front of a joint investigation of Congress regarding the wiretapping scandal. He neither confirmed nor denied that the voice on the tape belonged to PGMA. Given that we are in a fiscal crisis and that our economy is highly dependent on foreign revenue, political stability is a necessary ingredient to attract foreign investment in order to keep our economy afloat. However, the scandals have been detrimental to the political stability of our country, negating many of the achievements of the current administration with regards to overcoming the fiscal crisis. The peso, which had previously broken the 55 pesos to a dollar barrier, has slipped once more above 55 pesos to a dollar since Atty. Ong released his statement regarding the existence of the mother of all tapes. As political instability is further caused by these scandals, the peso will likely continue to devaluate. The scandals surrounding PGMA could severely undermine the credibility of her administration and its capability to govern the country. Although the authenticity of these tapes has not been established, doubts have risen with regards to the legitimacy of the current administration. In the mean time, the attention of the public has been diverted from the more pressing issues such as the fiscal crisis. With the plethora of investigations by Congress into the scandals, less time is devoted for legislative agenda that will benefit a greater portion of our population. While the legitimacy of the current administration makes this issue a pertinent one, it is arguable whether or not focusing on these scandals will have long term benefits for our nation. It is quite possible that action taken resulting from these scandals may turn out to be detrimental for the rest of the country in both long term and short term national situations. We recognize the fact that many sectors of society are dissatisfied with the current administration; however, we also recognize the need for careful deliberation with regards to this matter. The forces aligned against PGMA have yet to agree upon an alternative administration, making an ouster of the incumbent president an undesirable situation for the country. The U.S. government, along with other foreign governments, has affirmed 2

5 its support of the current administration. An ouster of PGMA through extra-legal means without a competent alternative will likely plunge the country into further crises as the new government will need to gain the support of the international community. Furthermore, there is no guarantee that a regime change will improve upon the current situation of the country. We call for the respect of our formulated laws and democratic institutions mandated by the Constitution. Resorting to extra-legal and extra-constitutional means to enact change only serves to undermine the integrity of our legal framework. In order to resolve the allegations posed on PGMA, following due process and the by-laws of the Constitution will be a more appropriate move. The country cannot afford further political instability. We ask that the legislators and the current administration promptly resolve this crisis and put an end to the unnecessary formalities in the parliamentary proceedings regarding the wiretap inquiry. We challenge Virgilio Garcillano to surface and face the accusations against him. We call for the administration to respect the freedom of the press and the freedom of expression as mandated in the Constitution. Disregard of human rights brought an end to the regime of President Marcos. If the administration is earnest in serving the Filipino people, it must respect the rights of its constituents. We call for PGMA to address the allegations against her by releasing a public statement that will clarify her involvement in the wiretapped conversations. Instead of merely answering the allegations through Press Secretary Bunye with non-committal statements and referrals to the NBI for the affirmation of the alleged tape conversations, the President can straightforwardly affirm or deny her voice on the tapes. The future of our nation depends on the political stability of our country. We are against unconstitutional action against the current administration. Despite the fact that PGMA has the right against self-incrimination, responsible leadership dictates that she try to defuse the situation. PGMA owes it to her constituents to resolve this political crisis. Therefore, PGMA should issue a categorical statement regarding these matters. 3