NOW that Pres. Gloria Macapagal-Arroyo has admitted that “she is the woman in the tapes talking to a Comelec commissioner” (widely believed as Virgilio Garcillano), the Committee for the Defense of Lawyers (CODAL) has come out with a legal memorandum citing possible violations of the Constitution and threats to the administration of justice that the president could be liable of, contrary to her claim that her acts were a mere “lapse in judgment.”

The legal study done by CODAL, an organization of lawyers campaigning against attacks on lawyers and other threats against the legal profession and civil liberties, concludes that Arroyo may have committed crimes and offenses in violation of the Revised Penal Code, the Omnibus Election Code, the Anti-Graft and Corrupt Practices Act and the 1987 Constitution for the following acts:

  1. Despite knowing that she was the person in the tape, Pres. Arroyo (or at least, allowed) Sec. Bunye to declare that the said ‘tape’ is a concoction of the opposition to destabilize the government—a very serious charge against members of the opposition. The use of one’s public office (the Office of the President and the Press Secretary) for personal ends or interest (in this case to cover up her actions) and spread misinformation, is unlawful.
  2. Pres. Arroyo allowed, if not ordered, Sec. Bunye to present the ‘genuine’ CD containing her supposed conversation with Mr. Edgar Ruado in a Malacanang press conference on June 6, despite her knowledge that the said ‘genuine’ CD is completely false. Pres. Arroyo is aware that she had the conversation with a COMELEC official and not with Edgar Ruado. The use of the resources of a government office (such as the Office of the Press Secretary) to disseminate false information for the purpose of defending and covering up her personal (and illegal) acts is a criminal offense. This is violative of Section 1 (f) and (i) of PD 1829 on Obstruction of Apprehension and Prosecution of Criminal Offenders.
  3. Her order or ‘request’ for Comm. Garcillano to ‘delay’ the canvassing of Senatorial elections is in violation of various provisions of the Omnibus Election Code prohibiting the delay or disruption of election processes.
  4. Her implied ‘request’ for Comm. Garcillano to deny any petition filed by Sen. Rodolfo Biazon to open the election documents in Tawi-Tawi is an unlawful interference in the quasi-judicial function of a member of an independent constitutional body.
  5. Even if Pres. Arroyo will not admit to being privy to Comm. Garcillano’s fraudulent acts, she still violated Art. 208 of the Revised Penal Code, among others, for her failure to file the necessary legal action for the impeachment and prosecution of Comm. Garcillano.
  6. Talking with her appointee, Comm. Garcillano, is a betrayal of public trust and violates the the Anti-Graft and Corrupt Practices Act for Undue Influence on a public official. Reappointing Comm. Garcillano to the COMELEC despite her knowledge of said electoral fraud can be used as proof of conspiracy to commit fraud. If Pres. Arroyo intended to officially communicate with the COMELEC, she should have corresponded with Chairman Abalos rather than her appointee. This also puts into question her persistence in appointing Comm. Garcillano to his post despite widespread opposition.

The complete study can be downloaded here.

14 Responses to Arroyo liable for possible Charter
and legal violations, says lawyers’ group



June 30th, 2005 at 12:17 pm

Well studied and said.

This is a welcome jolt to other brethren who refused to see the light.

may they rest in peace, este, their case :)



June 30th, 2005 at 12:20 pm

For the President to say & make us believe that what had happened was a mere”‘lapse of judgment” is misleading. Hogwash. It was obviously a “Conflict of Interest”. In a society where showbiz & popularity entwines with politics, politics indiscernible with family business…what’s new, Philippines?
Does the term “racketeering” exist anymore?
The Arroyo family popularized the term “passive income” during the Jose Pidal Senate inquiries. Wow. Only in the Arroyo administration that a pyramid business was legalized & promoted abroad, that jueteng can be a “sideline business” & the move to legalize marijuana was once publicly considered by Mikey Arroyo a “brilliant idea”. And made marrying a cousin excusable.
Shame. Shame. Shame.
Haha. Everybody dreams of going abroad in quest for a better livelihood. The Arroyos make it a good example of escaping trouble as “exilee”. Many people deserve to be abroad than the Arroyos, better exile these raketistas to Tawi-Tawi or The Spratlys.



June 30th, 2005 at 12:28 pm

tapos na pala ang study.

go. act. sue.



June 30th, 2005 at 12:39 pm

Arise, all ye defenders of Gloria.



June 30th, 2005 at 4:07 pm

e yung delaying tactics ng mga poiliticians sa hearing, may parusa ba yun?



June 30th, 2005 at 6:50 pm

I am shocked that CODAL could come to such a conclusion that “Pres. Gloria Macapagal-Arroyo has admitted that she is the woman in the tapes talking to a Comelec commissioner …”

Nowhere in that broadcast did PGMA say such things. CODAL should read the transcript again. I refer them to this opinion piece by Mr Puno in today’s Philippine Star:

What she said … exactly
MY VIEWPOINT By Ricardo V. Puno, Jr.
The Philippine Star 06/30/2005

*** two preceding paragraph deleted for convenience

To start with, GMA did not “admit” it was her speaking on the tapes. Note what she said: She “had conversations with many people, including a Comelec official.” She further said: “I recognize that making any such call was a lapse in judgment.”



June 30th, 2005 at 7:19 pm

first…. she removed the proper result of our right to vote…

next she removes the value of our money…. our capability to buy our food…

next she removes our right to assembly…

soon she will remove us if we protest….

lets remove her before she remove our lives.



June 30th, 2005 at 7:48 pm

he he he…. lomibao reaffirmed loyalty to the president….

i guess its not part of their code to be loyal to their country…

ano ba naman ang pulis ngayon???

holdaper in uniform with id…. PNP.



June 30th, 2005 at 11:16 pm

sana surf ang sabon ni gloria….

para mabuhay siya ng malinis at marangal.



July 1st, 2005 at 12:01 am


pwede na ito for impeachment. kelan nyo padadalhan ang congress?



July 1st, 2005 at 9:05 am

1.Bakit ganun ung mga small time criminal kahit sumigaw ng ‘guilty’ me karampatang parusa pa rin ung nandaya nagsabi ng ‘im sorry’ hindi maparusahan???



July 1st, 2005 at 9:34 am

yhet… ganyan talaga

wala naman silang tuta sa korte…

wala silang pambayad tulad ng mga arroyong nangungurakot.

asa ka pa…. kung sa kalsada nangyari yang krimen na yan… at nahuli…bugbog na si gma. sugatan makararating sa prisinto.



July 10th, 2005 at 6:07 pm




July 10th, 2005 at 6:10 pm


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