SC ruling on Torralba case could render ‘Garci’ tapes worthless

Allies of President Arroyo in the House of Representatives said yesterday the Supreme Court decision on the case of a radio broadcaster means that the "Hello, Garci" tapes are worthless and cannot be used in criminal proceedings against the President.

Mrs. Arroyo’s defenders were commenting on the court’s decision in the case of broadcaster Francisco Torralba, who was facing libel charges. The tribunal ruled that the tape recording of Torralba’s broadcast could not be used against him because it was not authenticated by the person who did the recording.

Majority Leader Prospero Nograles said the ruling should end all speculations on whether congressmen who want Mrs. Arroyo removed from office through the impeachment process can use the "Hello, Garci" tapes against the President in the impeachment hearings or trial, should any of the complaints reach the Senate.

He said the tapes cannot be recognized as evidence since the person who recorded the conversations has not come forward to authenticate them.

Deputy Minority Leader Alan Peter Cayetano, the opposition’s impeachment spokesman, said though they would not be able to use the tapes as evidence, they will try to prove that the "criminal conversations between Mrs. Arroyo and (former election) commissioner (Virgilio) Garcillano indeed took place."

"We have witnesses to prove that those conversations happened, that there were talks about kidnapping of an election officer, that the President knew of and even approved of the kidnapping proposal from Garcillano," he said.

Garcillano is believed to be the "Garci" referred to in the tapes. A female caller, who sounds like Mrs. Arroyo, is allegedly heard discussing with "Garci" vote rigging and winning in last year’s presidential election by more than a million votes.

Last month, the President admitted that she spoke to an election official during the canvassing period, though she did not identify the official. It was a lapse of judgment, she said, for which she apologized.

Three weeks ago, Pedro Ferrer, her principal impeachment lawyer, revealed that his Malacañang client indeed talked to Garcillano during the vote canvass last year "to protect her votes." Ferrer, however, later backtracked after apparently being told by Palace officials that his revelation could put Mrs. Arroyo in trouble.

The President has since refused to comment on the tapes, telling reporters that her silence was upon the advice of her lawyers.

For their part, Representatives Douglas Cagas of Davao del Sur and Eduardo Zialcita of Parañaque said the Supreme Court decision bolsters the President’s position that the "Hello, Garci" tapes are inadmissible as evidence in any proceedings.

In a joint statement, the two said the ruling should prompt five House committees inquiring into the recording of alleged conversations between Mrs. Arroyo and elusive former election commissioner Virgilio Garcillano to end their inquiry.