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

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.