Garcillano indicted of perjury

THE OFFICE of the Ombudsman has indicted former Commission on Elections (Comelec) commissioner Virgilio O. Garcillano of perjury.

In a 13-page resolution approved yesterday, Ombudsman Conchita Carpio-Morales said her office found probable cause to charge Mr. Garcillano with perjury under Article 183 of the Revised Penal Code and for violation of Section 19 of Republic Act 8239 Philippine Passport Act of 1996.

Ms. Morales said the Office of the Ombudsman found that Mr. Garcillano "made a deliberate and willful assertion of a falsehood" during the congressional hearing when he testified that he never left the Philippines after the so-called "Hello Garci" controversy broke out.

The case stemmed from the complaint-affidavit filed in January 2012 by current and former Bayan Muna Party-list Representatives Neri J. Colmenares and Teddy A. Casiño, respectively, against Mr. Garcillano, who resurfaced after the 2004 "Hello Garci" controversy, for falsely testifying under oath and presenting an alleged spurious passport during the congressional joint committee hearing in December 2005.

The "Hello Garci" controversy arose when audio recordings of an alleged telephone conversation between Mr. Garcillano, and former president and now Pampanga Rep. Gloria Macapagal-Arroyo (2nd district) were made public at the height of the 2004 synchronized national and local elections.

Congress investigated Mr. Garcillano in December 2005 after the reported wiretapped telephone conversations between Mrs. Arroyo and the former poll official, who the former president allegedly referred to as "Garci", was leaked to the media. The conversations pertained to the counting of votes in the 2004 presidential race that Mrs. Arroyo won over chief rival Fernando K. Poe, Jr.

The "Hello Garci" scandal triggered the resignation of key Cabinet members, an apology from Mrs. Arroyo and massive protests. An intelligence unit in the military was believed to have taped the conversations and leaked it to the public.

The Ombudsman, in the resolution, said the note verbale dated Aug. 31, 2005 and issued by the Ministry of Foreign Affairs of the Republic of Singapore "confirmed" that [Mr.] Garcillano "transited in Singapore on July 14, 2005 and departed Singapore on July 15, 2005."

The resolution noted that Mr. Garcillano took his oath before former North Cotabato Rep. Emmylou Talino-Santos (1st district) -- a competent officer authorized to administer oaths -- at the start of the congressional proceedings, as evidenced by the transcript of stenographic notes.

Likewise, Mrs. Morales added that her office found that Mr. Garcillano also violated the Philippine Passport Act "when he presented a forged passport before the congressional hearing".

The Ombudsman cited data from the Bangko Sentral ng Pilipinas (BSP) Laboratory examination report dated March 20, 2006 which concluded that Mr. Garcillano’s passport "does not conform to standard after discovering badges of forgery." "While the DFA [Department of Foreign Affairs] issued a certification that its Regional Consular Office in Cagayan de Oro issued a passport bearing the number JJ243816 to [Mr. Garcillano], he did not show proof that the questioned passport was the same passport issued by the Cagayan de Oro Regional Consular Office," the resolution read.

Citing jurisprudence, the resolution added that Mr. Garcillano, "being in possession of the forged passport and the one to benefit from its presentation before the congressional joint committee, is presumed to be forger."

Meanwhile, the Office of the Ombudsman dismissed the charge of falsification by a public officer under the Revised Penal Code because the element of "taking advantage of official position" was found lacking. "[Mr. Garcillano], although a public officer, acted not by reason of his office, his position as a Comelec commissioner not having anything to do with the issuance of a passport," the Ombudsman explained in the resolution.

Ms. Morales said the Office of the Ombudsman will be filing the perjury charges against Mr. Garcillano before the Sandiganbayan. -- Imee Charlee C. Delavin

source:   Businessworld