Garci’s exit a cover up, obstruction of justice

Friday, 08 19, 2005

President Arroyo and her administration aides yesterday stood accused of a massive orchestrated cover-up” and obstruction of justice in allowing poll Commissioner Virgilio Garcillano to flee the country without any record of his departure.

At the same time, the chairman of the joint House committees probing the “Hello Garci” wiretap, Rep. Gilbert Remulla, called for the resig-nations of the Bureau of Immigration and Deportation chief Alipio Fernandez, and the Air Transportation Office chief.

Ilocos Norte Rep. Imee Marcos said officials of the Arroyo administration should explain how Garcillano managed to sneak out of the country despite a supposed massive manhunt launched by the National Bureau of Investigation (NBI) and the Philippine National Police (PNP) following several invitations and an arrest warrant asked by the House.

“I don't understand why the BI, together with the NBI and the police, have become so inept. There seems to be a grand conspiracy here to let Garcillano slip past the conventional security cordon in airports,” Marcos said yesterday.

Remulla noted that Garcillano could still be in Singapore or in another place aside from the United Kingdom as he does not have a visa from the UK.

“An A1 source told me that Garci did not have a UK visa therefore he was merely on transit to another destination.”

Marcos also noted that despite the confirmation made by the Department of Foreign Affairs (DFA) that Garcillano had arrived in Singapore on July 14, Malacañang was not alarmed.

“I credit the government for a well-orchestrated cover-up and disinformation campaign especially on the part of the Department of Justice, the Bureau of Immigration (BI) and airport authorities,” Marcos said.

Parañaque Rep. Roilo Golez said Garcillano's escape shows

how disinterested the Arroyo government is in preserving Garcillano as a state witness, saying “the confirmation of the escape of former Comelec Commissioner Virgilio Garcillano also confirms the government's lax attitude in preserving Garcillano as a potential witness,” adding that the poll official's flight must have been sanctioned by the Arroyo government.

“I believe that great escape would not be possible without the assistance from powerful government officials. The government is apparently scared to let him face a congressional inquiry because he might spill the beans and fatally wound the President.

Golez also pointed out that the escape was an admission of guilt on the part of the former poll official.

Golez, Mrs. Arroyo's former National Security Adviser, said: “This type of illicit operation is always wrapped in secrecy. Unless there has been prior clearance from someone of higher authority to let Garcillano board the plane, this could not have been pulled off.”

Marcos pointed out that Garcillano's flight was a breach in security procedures at the airport, maintaining that the incident is a clear sign of lax airport security, which could be exploited by terrorists.

Airport sources told the Tribune that Garcillano's departure was pre-arranged, with his passport pre-stamped and that the flight manifest, if there was one, was not included and not even submitted to the ATO as required prior to the take-off of the Charter flight.

According to airport sources, the original flight submitted by the pilot of the Lear jet with the poll official on board the plane that took off from Manila Domestic Airport last July 14 was bound for Cebu, but the pilot changed the flight plan in mid air and flew the plane to Singapore.

Garcillano could have also used an assumed name and was escorted to the private hangar, which made it easier for him to avoid being spotted leaving by the public at the domestic airport.

Remulla reiterated that officials of the BID and the ATO should resign if they fail to come up with a valid explanation on how Garcillano made his escape.

Remulla said it was impossible for the BI chief not to know that Garcillano had able to leave the country. He did not discount the possibility that Fernandez might have participated in a “cover up” to protect involved parties.

Remulla and some members of the opposition believe the BI and ATO officials can be held liable for conspiracy and obstruction of justice. “So he has a lot of things to explain, otherwise, he must now consider resigning,” the congressman said, adding that at the very least, Fernandez and other officials of the BID and the ATO should take a leave of absence until they finally clear themselves of charges.

The BI chief yesterday ordered an immediate investigation into the Garcillano departure, disclosing that he has already formed a five-man fact-finding committee to determine how the poll official managed to evade immigration inspection when he allegedly left for Singapore on July 14.

Fernandez also emphasized that the fact-finding committee will likewise look into the criminal and administrative liability of the persons who might have “aided” Garcillano in leaving the country “surreptitiously” and “illegally” in violation of the country's immigration and aviation laws.

“The investigation will zero in on the possible involvement of immigration officers and officials of other government agencies in facilitating Garcillano's departure,” Fernandez said.

He also noted that based on initial reports, it indicated that the controversial former Comelec official deliberately evaded immigration processing when he left the country as evidenced by the absence of his name in the passenger manifest of flights that left the various international airports on July 14.

But Fernandez also raised the possibility that the passport used by Garcillano to enter Singapore contained a “fake” immigration departure stamp to make it appear he was a properly documented passenger.

He denied the BI was engaged in a plot to cover-up Garcillano's departure, saying the controversial Comelec officer would not have been barred from leaving anyway because he was not yet in the immigration watchlist then.

Remulla said the joint committees will also ask the DFA to request more information from Singapore regarding the flight details of the poll official.

For his part, opposition Sen. Panfilo Lacson said even the government's supposedly most credible line agency may have become tainted over its delayed confirmation that Garcillano had already fled the Philippines.

Lacson pointed out that the DFA's confirmation of Garcillano's departure should be subjected to scrutiny because of its timing.

“Even the DFA has lost some credibility because it took so long to confirm that Garcillano fled the country. It came out with a confirmation from Singapore one or two weeks later,” he said during an interview over radio station dzBB, saying it is difficult to believe the DFA claim that Singapore authorities do not know where Garcillano went, as one can't leave a country without leaving a trail.

Lacson said this only worsens the credibility problem for Malacañang, which has found it hard to convince the public of its side in the highly controversial “Gloriagate” scandal.

“Nobody believes the Arroyo government anymore. Anything the government says is suspect because its credibility is questionable now,” he said.

Lacson said he suspects Malacañang still has custody of Garcillano because he is still potentially “Exhibit Number One” that Mrs. Arroyo rigged the 2004 presidential polls.

Thus, he said whether Garcillano eventually shows up before impeachment hearings and congressional investigations will be up to the discretion of Malacañang.

“The question here is motive. Who stands to benefit if Garcillano remains missing? Isn't it the administration? Garcillano is Exhibit Number One in the cheating complaint against Arroyo because of the 'Hello Garci' tapes,” he said.

Lacson said that even if Garcillano fled the country, the DFA and the BI will also have to answer for Garcillano's flight.

Gerry Baldo, Dona Policar, Conrado Ching and Jun Yap