UPDATE: Dean Jorge Bocobo/Rizalist comments for the defense:
What Garci told the Supreme Court in his Second Petition is that people in Congress and in the Media are using certain illegally wiretapped recordings to accuse him of voterigging during the 2004 elections because they say that is his voice on the tapes. The question is do they have a right to use such recordings to make such accusations against him when the ONLY legally sanctioned use of wiretapped materials is when it is covered by a Court Order as specified in R.A. 4200. Tanada set it up so that wiretapping was illegal, and so is the mere possession, use or reproduction of wiretapped materials for any purpose, by default, unless you had a Court Order to perform wiretapping yourself at some specified FUTURE time and place OR to use wiretapped materials as evidence in PAST crimes against persons guilty of illegal wiretapping!
Why the Opposition has not filed for such Court Order designation of the Garci Tapes as evidence of such crimes TOTALLY MYSTIFIES me. Nothing in RA 4200 prevents them from doing so today. Why don’t they? Especially since Garci is hurrying up to get the Supreme Court to grant the exact opposite prayer: BURY THE GARCI RECORDINGS!
I don't know, Rizalist... it's obviously illegally obtained since hindi naman humingi ng permission ang ISAFP na i-wiretap si Garcillano (baka kay maam, meron pa).
So hindi pwedeng gamiting ang tapes sa court of law.
BUT there was never any intention by the opposition to use these tapes in a court of law anyway.
Pero I believe pwedeng gamitin ang tapes sa impeachment trial, because Impeachment doesn't follow the same rules in a court of law and is more of a POLITICAL EXERCISE.
And like you said, the mere possession, use or reproduction of wiretapped materials without a court order is illegal. So why didn’t GMA’s DOJ Sec. Raul Gonzalez and Garcillano do the smart thing and arrest PCIJ, Sen. Serge Osmena, Rep. Roilo Golez, Alan Paguia, you, me and everybody else who has copies of the voice recordings?
At bakit hindi sila interesado na malaman kung sino ang nagwa-wiretap sa kanila? Hindi ba sila concerned dito? At yung nag-wiretap sa kanila (at sa opposition at admin officials), ARE THEY STILL DOING IT?
And are they still doing it because this admin refuses to do anything to find out who these perpetrators are and is in fact trying it's best to coverup the spying operations done on public officials?
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