Arroyo and ARMM

IF the controversial recordings are authentic and unaltered, President Arroyo’s chief worry when she was placing all those telephone calls to Elections Commissioner Virgilio Garcillano in late May to mid-June of 2004 was the canvassing in the Autonomous Region of Muslim Mindanao (ARMM).

Cotabato City and all the provinces that make up ARMM—Basilan, Sulu, Tawi-Tawi, Lanao del Sur and Maguindanao—were at the core of the conversations between the President and Garcillano.

The talks dwelled on her “40-plus” loss in Cotabato, Sen. Rodolfo Biazon’s threat to have the ballot boxes in Tawi-Tawi opened if he were cheated, as well as reports that the political opposition was about to present witnesses on the cheating that supposedly occurred in Basilan and Sulu.

In Congress’s final tally, Arroyo won over Fernando Poe Jr. in ARMM, 549,944 to 272,715. She lost only in Tawi-Tawi and Cotabato City. In the June 30, 2004 terminal report of Namfrel, which had tabulated election returns from 82.89 percent of precincts nationwide, Poe was leading Arroyo, 228,567 to 161,067. Arroyo led Poe only in the Maguindanao count, 76,695 to 38,340.

Following the national canvassing, the opposition in its own report said cheating took place in all the five provinces of the ARMM, listing 20 towns where, it claimed, the President’s votes were padded by 76,455 and Poe’s shaved by 41,313.

Interestingly, the Comelec national office decided to pull out its regional director for ARMM, Helen Flores, just four days before the May 10, 2004 elections and replaced her with the assistant regional director, Renato Magbutay.

A Comelec official in Mindanao said the last-minute change of assignment took Flores and election personnel by surprise. Flores, who was transferred to Western Mindanao (Region 9), was said to be close to Garcillano, as well as to Commissioner Manuel Barcelona, who was the commissioner in charge of the ARMM in the May 2004 elections.

Garcillano and Flores both served in the task force that supervised the special registration in Sulu in 1995. Despite the closeness, Flores was perceived to be “hardheaded” and “di nila mapasunod (they can’t make her follow),” the source said.

Magbutay, meanwhile, worked for Garcillano when the latter was the provincial election supervisor of Misamis Occidental, and is described as a “Garcillano protégé.”

Although Garcillano was assigned to Southern Tagalog (Region 4) in last year’s elections, the calls he made or received clearly indicated he was “supervising” the elections in ARMM. Garcillano had spent most of his 43-year career with the Comelec in Mindanao. He was the commission’s director for Region 10 (Northern Mindanao) before the President appointed him and Barcelona elections commissioners in February 2004.

BASILAN

The President’s initial concern about Basilan was the reported mismatch between the statement of votes (SOVs) and certificates of canvass (COCs) in the province, as well as in Lanao del Sur (For the Lanao del Sur vote, click here). Garcillano assured her in their June 2, 2004 conversation that “yung ginawa nilang magpataas sa inyo, maayos naman ang paggawa eh (The upward adjustment they did for you was all right).”

The elections commissioner said, however, the problem lay with the military in Basilan. “Hindi masyadong marunong kasi silang gumawa eh. Katulad ho dun sa Sulu, si General Habacon (They don’t know what to do, like in Sulu with General Habacon).” He was referring to Maj. Gen. Gabriel Habacon, commanding general of the Army’s 1st Infantry Division, whose area of operation covers Basilan, Sulu and the Zamboanga peninsula.

But it was Tipo-Tipo town’s election officer, Rashma Hali, who got the President really worried. In two phone calls to Garcillano on June 7, she asked about the whereabouts of Hali, who the opposition said had voluntarily made an affidavit on June 4 before a Makati prosecutor on the poll fraud allegedly perpetrated in the town. Garcillano told the President, “That’s what I’m being fearful about. That’s why we’re asking people to look for her so that we can control her.”

The congressional tally shows Arroyo winning 79,092 over Poe’s 48,685, even as the Namfrel counted 12,162 votes for the President and 43,821 for her opponent. The opposition alleged “dagdag-bawas” took place in Tipo-Tipo and Sumisip towns, which resulted in Arroyo’s votes being padded by 20,060 and Poe’s shaved by 16,731. In Tipo-Tipo, the opposition estimated the dagdag at 8,843 and the bawas at 7,495.

On June 5, two days earlier, Garcillano had been burning the lines with a certain Boy trying to locate Hali. A former Comelec personnel has identified Boy’s voice as that of Renault “Boy” Macarambon, a Comelec lawyer detailed at the time to Garcillano’s office and whom the elections commissioner was said to have sent to the ARMM areas to help him monitor the elections. Macarambon is mentioned in another conversation as having been sent by Garcillano to Lanao del Sur to check the canvassing there.

[Macarambon is still detailed at Garcillano’s office. PCIJ called him there three times yesterday, June 21, and was repeatedly told that he was out. When PCIJ called today, we were told he was absent. His officemates refused to give his cellphone and home numbers.]

Boy reported that Hali appeared to be in Manila and that he had already sought the help of the Intelligence Service of the Armed Forces or ISAFP to locate her. He referred to a Col. Undug, said to be Col. Aminkadra Salahuddin Undug of ISAFP’s MIG9 based in Zamboanga. He is from the Philippine Military Academy Class 1982.

Boy informed Garcillano that Hali had done some work for them, “pero limpio ang trabaho nila (but they did a clean job).” But he said problem might arise at the provincial level: “Baka ang sabihin niyan na binaligtad ni Kang Patangan sa itaas sa provincial level (They might say Kang Patangan reversed it at the provincial level).” Borromeo Patangan chaired the provincial board of canvassers in last year’s elections.

Boy then suggested the kidnapping of Hali’s family to prevent her from talking. He was advised, however, to first apply the “soft touch” on the family.

In a lengthy conversation with Garcillano on June 7, the same day Arroyo called about Hali, a certain Ruben expressed concern over the supposed evidence of vote padding done for Arroyo in Tipo-Tipo that opposition lawyer Rufus Rodriguez had presented. “Di ba ang gagamiting mag-tetestify siguro iyong against the President regarding the bawas-dagdag na ginawa dun sa ano (Wouldn’t they testify against the President regarding the vote-padding and shaving that was done there)?” said Ruben.

Garcillano said that Hali, if she were to testify, could bring no damage to the President but could hurt Wahab Akbar, a gubernatorial candidate in Basilan who the commissioner described as first having supported Poe then later switched sides when it appeared that the action star would lose. “She (Hali) has not done anything except kay (for) Wahab Akbar,” he said, and suggested that the President should instead advise Akbar to ask his men to go after Hali’s family.

The commissioner noted, however, that the situation was turning serious. “Nandun si Lomibao…may isang colonel na nandun (Lomibao and a colonel are there),” he said, referring to Gen. Arturo Lomibao, now Philippine National Police chief.

“Basta’t we’ll ask somebody to look for her and then get her family,” he said when further informed by Ruben that Hali was in Parañaque.

Weeks later, the PNP charged Rodriguez and fellow opposition lawyer Harriet Demetriou with serious illegal detention, saying they had kidnapped Hali.

The conversation between Garcillano and Ruben reveals problems in several municipal canvasses, as the commissioner is heard saying that he wanted these cleaned up. “Kaya kung maaari papupuntahin ko dito yung supervisor, patago ko rin dito sa kin (If it’s possible, I’d make the supervisor come here and hide him),” he said.

Wilfredo Daraug was the provincial election supervisor of Basilan.

SULU

The canvassing in Sulu was the main reason behind the President’s calls to Garcillano on May 27 and 29 and on June 2.

The first was to inquire if the election returns from Sulu were complete and corresponded to what could either be the COCs or SOVs. Garcillano replied, “Oo ma’am. Lahat ho meron, hindi po naming ika-count kung (Yes, ma’am. We would not count them if)…”

The two other conversations zeroed in on the island province’s Pangutaran town. Arroyo beat Poe, 78,429 to 60,807, in the congressional count for Sulu. The opposition, however, said cheating in three towns—Pangutaran, Talipao and Patikul—jacked up the President’s votes by 17,289 votes and cut Poe’s by 13,199. In Pangutaran, the dagdag was 8,000 votes and the bawas was 2,000, it said.

In her May 29 call, Arroyo referred to the opposition’s claim that it had affidavits from teachers and the board of canvassers in Pangutaran of how they were made to cheat. Garcillano again blamed General Habacon: “Kasi sila Gen. Habacon ba, hindi masyadong marunong pa dyan, medyo sila ang umano nun (It’s General Habacon, they don’t know that much).”

On June 2, Garcillano reported to the President that he had talked to the chairman of Sulu’s board of canvassers. “Patataguin ko muna ang EO ng Pangutaran na para hindi sila makatestigo ho (I will ask the Panguntaran election officer to go into hiding so he wouldn’t be able to testify),” he said.

During the elections, Pangutaran’s election officer was Cipriano Ebron, the brother-in-law of provincial election supervisor Reynaldo Pescadera, previously the election officer of the capital Jolo and who addresses Garcillano as “Brod.” Jocelyn de Mesa, a lawyer from Comelec’s head office, chaired the provincial board of canvassers.

In his June 7 conversation between Garcillano and Ruben, Ebron’s name came up. Ruben said opposition lawyer Rufus Rodriguez might present Pangutaran’s election officer to testify on the cheating. But he added that the military had already talked to Ebron.

Garcillano replied, “Di nila makukuha si Ebron…Akin yang tao nay an eh, taga-Batangas yan eh… Kaya kahit pakainin mo ng bala yun, di na magpapakita (They won’t get Ebron. He’s my man; he’s from Batangas. Even if you fed him bullets, he wouldn’t show up).” He also asked Ruben to tell the military, which apparently had slapped Ebron, not to meddle.

MAGUINDANAO

Besides Lanao del Sur, the President posted one of her biggest winning margins in the congressional count for Maguindanao, garnering 193,938 votes against Poe’s 59,892.

In their June 6 conversation, the President is heard seeking Garcillano’s assurance that the documents in Maguindanao were consistent. “Hindi naman ho masyadong problema sa Maguindanao (Maguindanao isn’t much of a problem),” the commissioner said.

The conversation then turned to the President’s SMS message to Garcillano about the fake precincts in the province, of which the commissioner was suspected to be the mastermind. “Siguro ano, shot in the dark lang yun, but I’m just letting you know everything I find out para we can always make the appropriate remedies,” she said. Garcillano informed Arroyo that he would have “all the people around us talk to” General Lomibao, who was then in Zambonga, “so that they will be able to prevent who is going to work.”

Based on the minority report, the outcomes in eight towns in Maguindao were highly dubious. Poe scored zero in Ampatuan and Datu Piang, and got as little as five to 174 votes in Sheriff Aguak, Datu Saudi Ampatuan, Mamasapano, Datu Unsay, Datu Abdullah Sanki and Talayan.

In their talk four days later, Arroyo expressed concern over the local canvassing in South Upi town, where the Comelec had proclaimed different winners. Asked by Garcillano which candidate she was supporting, the President replied, “Ay, naku. Ang importante, hindi madamay yung sa taas (The important thing is we don’t get affected at the top),” The commissioner assured the President, “Hindi ho, ako ang may hawak nun (No, I have control there).”

It was not only the count in South Upi that was knotty. Problems also cropped up in Talitay town.

In the June 6 conversation between Garcillano and Wynne Asdala, a Comelec lawyer sent by the national office to serve as provincial election supervisor of Maguindanao during the elections, the latter said Teng Mangudadatu (apparently referring to Sultan Kudarat Suharto Tan “Teng” Mangungudatu) wanted to help K4 senatorial candidate Robert Barbers. “Itong Talitay tsaka Columbio (a town in Sultan Kudarat), gusto nilang magsubmit ng bagong COC at tsaka SOV para mahabol yung si Barbers (They want to submit new COCs and SOVs in Talitay and Columbio so Barbers can catch up),” the supervisor said.

[PCIJ called the Comelec law department, where Asdala holds office, three times yesterday, and was told he was out of the office. We got the same reply when we called the law department today. His office also refused to give his cellphone and home numbers.]

Asdala said he informed Mangudadatu he didn’t see any problem with Garcillano, but with Comelec Commissioner Resurrecion Borra. “Iba kasi si Borra, walang isip itong kwan nya, baka imbes na kwan baka ipitin pa ako (Borra is different, he doesn’t think of this thing; I might get into trouble).”

Garcillano advised Asdala against proceeding, saying it was too late anyway and “baka masira ka (you might be ruined).”

Despite this, Asdala was to call Garcillano two days later, this time to say the group of a certain Pax (Mangudadatu’s father is Sultan Kudarat Gov. Pax Mangudadatu) was insisting that he (Asdala) help Barbers in Talitay. “Kako depende sa komisyon (I said it depends on the commission),” he added.

Again, Garcillano replied, “Useless na rin eh, papaano n’yo gagawin yun (It’s useless, what can you do)?”

[PCIJ called Governor Mangudadatu’s office in Sultan Kudarat yesterday. A male staff said he was in Malaysia and would not give the governor’s cellphone number. PCIJ also got in touch with the governor’s daughter, who likewise said she didn’t have his number.]

[PCIJ called Congressman Mangudadatu’s home last night and was asked to call his office today. When we called today, his staff said he was out of town and refused to give his cellphone number.]

Later that day, Garcillano and an unidentified man are heard discussing that Barbers, in an annulment case he filed against the proclamation of Sen. Robert Barbers, was claiming he still had 7,000 votes canvassed in South Upi, 6,000 in Talitay and 4,000 in Columbio.

“Hindi yata nakasama (It seems the votes were not included),” Garcillano said.

“Patay kang bata ka. Hindi napasama? Eh papano to? Eh di talagang yari tayo rito (We’re dead. They weren’t included? So what happens now? We’re really in hot water),” the man said.

In a phone call with an unidentified woman on June 16, Garcillano was informed that Asdala was convening the canvassing. The commissioner said he would ask Teng Mangudadatu to call him up and find out their moves, “para ma-orderan ko si Asdala (so I can issue the order to Asdala).”

TAWI-TAWI

The President called Garcillano twice—on May 26 and June 2—to take up the reported cheating in Tawi-Tawi. In the first conversation, she relayed Biazon’s threat to have the ballot boxes in Tawi-tawi opened if he were cheated. “Eh baka raw ako ang madale doon (It might affect me),” she said. Garcillano replied, “Baka nga ho (It might).”

In the second conversation, Arroyo is heard asking the elections commissioner about a teacher from Languyan town supposedly in the opposition’s “Witness Protection Program.” Garcillano assured her there was none and the opposition was just making an empty threat.

Still, the elections commissioner saw it fit to convey the President’s concern over Languyan in his June 5 conversation with a certain Boy, identified by two Comelec sources as the voice of Renault Macarambon, the lawyer with whom he had discussed the problem in Tipo-Tipo. Garcillano told Boy that Generals Arturo Lomibao and Hermoegene Ebdane would be calling and he already advised Mike Abbas about the Languyan teacher.

Michael “Mike” Abbas, the former provincial election supervisor of Saranggani, was Tawi-Tawi’s election supervisor. The election officer of Languyan was Adnan Mohammad, who was mentioned by his first name in the conversation.

In Congress’s final tally, Arroyo lost to Poe, 33,634 to 49,803. Still, the opposition said cheating in two towns, Simunul and Sitangkai, gave Arroyo 5,624 more votes and reduced their candidate’s by 3,796.

COTABATO

In addition to Tawi-Tawi, Arroyo also lost to Poe, who had 29,417 against her 8,510, in Cotabato City.

In their May 29 conversation, Garcillano assured Arroyo she would not lose by more than 40,000 votes, saying he has already taken up the matter with a certain Atty. Bedol.

Atty. Lintang Bedol chaired the Cotabato City board of canvassers in the May 2004 polls and served as the provincial election supervisor in Sultan Kudarat. Prior to the elections, he was Maguindanao’s election supervisor.

Four days earlier, on May 25, the canvassing in Cotabato City and seven municipalities from Lanao del Sur was still going on. The conversation between Garcillano and an unidientified man on that day centered on getting the maximum in Cotabato and extra votes in Lanao del Sur.

On May 26, the elections commissioner was on the phone with a “Len,” said to be his secretary Ellen Peralta, instructing her to remind someone to bring the “SOV 15 to 18 sheets” from Cotabato.

Meanwhile, Comelec Chairman Benjamin Abalos, on the petition of the opposition mayoral candidate Estrellita Juliano, had ordered the transfer of the city’s canvassing to Manila.

It would turn out that the votes in Cotabato seemed to be of great interest not only to the President but also to Barbers. On May 29, the former senator called Garcillano to ask if it was true that there had been a Comelec resolution ordering the transfer of the canvassing to Manila. At the time, Garcillano was still unaware of the directive from Abalos. But a subsequent check with Bedol showed a resolution had indeed been issued and Garcillano had not been asked to sign the resolution. He was placed on “official business.”

Garcillano is heard telling a man named “Teng” on May 30 to delay the transfer of the Cotabato votes to Manila. “Sabihin mo dyan kung ma-delay niya, i-delay na (Tell them to delay the transfer if they can),” he said.

That same day, Garcillano called Noli, who Comelec sources identified as Manuel Barcelona, the commissioner in charge of the ARMM. Noli quoted a certain Joey, believed to Arroyo’s political adviser Joey Rufino, as saying the transfer of the canvassing had upset administration mayoral candidate Muslimin Sema. He said he had suggested to Joey to ask the President to call Abalos and have the resolution recalled. Noli also said he signed the resolution only because “akala ko order sa taas (I thought it was an order from the top).”

“Pero si presidente, kahapon pa, ayaw niya (But the President didn’t want that),” Garcillano said.

On June 2, the elections commissioner got a call from “Mike,” said to be First Gentleman Mike Arroyo, urging him to help Barbers. Garcillano’s response: “Pero mahihirapan na tayo, medyo nabuko tayo sa Lanao del Sur at hindi na makakahabol dito sa Cotabato (It will be difficult because we were found out in Lanao del Sur and we can no longer catch up in Cotabato).”