Non sequitur?

(Warning, another opinion!!!)
Later on today on ANC, I heard Congressman TeddyBoy Locsin spell out this argument, initially propounded by Sec. Mike Defensor:

GMA admitted that it was her voice.

Hence, it now admitted as wiretapped.

Hence, it’s now illegal to play, distribute the tape and its transcript, including ringtones and car horns.

With all due respect, I would like to disagree. I thought an admission to an improprierty is supposed to bring you penance (or punishment) for the sins you admit. Only in the Philippines can one admit to an impropriety and then benefit from it.

WOW! What kind of a country has this country become?

Also with all due respect (and this is the more legal argument), you want technicalities? I’ll give you technicalities…

Wiretapping is again in the nature of a private crime. Hence, it is not enough, as the Honorable Congressman says, to have the NBI make a preliminary declaration that all versions of the Gloriagate tape, be it the mother, the sons, the ringtones or the horns are contraband materials and mere possession thereof makes one liable under Republic Act No. 4200. She has to file a complaint (or sue) EACH and EVERYONE to be liable under this law. As this is in the nature of a private crime, no complaint, no complainant, no crime.

Also, to successfully prosecute, she has to appear as complaining witness EACH and EVERY time anyone is prosecuted for it. And if she occupies all her time doing just that, she may just as well be impeached for it.

Sorry to say, a preliminary declaration of illegality is just that. I don’t even think it amounts to probable cause since there is still no complainant. What more of guilt beyond reasonable doubt?

And if she indeed endeavors to do this, where will the “moving on” declaration be in all of this?

I say let the tapes be played. Pursue the wiretappers to the fullest extent of the law, if she must, but LET THE TAPES BE PLAYED. Let the people judge for themselves if she committed an improper act. Only then can she (and we) even attempt to move on…

Again, my two cents on the matter…

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1 Comment

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One response to “Non sequitur?

  1. Do we still have a democratic country? When I was in highschool I was made to believe that democracy is exercised by our government in our country; a government of the people, by the people and for the people.

    “Let the people judge for themselves if she committed an improper act. Only then can she (and we) even attempt to move on…”

    I agree with your proposition, Atty. The president should let the Filipinos decide on this matter. She afterall admitted guilty in her public apology, as what I have understood it. The wiretapping controversy caused a lot of stress among the Filipinos.

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