Obstruction raps eyed vs DOJ, DFA on escape of Garcillano

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FIVE House committees jointly investigating the "Hello Garci" recordings are preparing charges of obstruction of justice against Foreign Affairs Secretary Alberto Romulo, Immigration Commissioner Alipio Fernandez and officials of the Air Transportation Office for failing to report that former Elections Commissioner Virgilio Garcillano has left the country, Rep. Teofisto Guingona III (NP, Bukidnon) said yesterday.

"What the DFA, BID, ATO people did was clear obstruction of justice. They should answer for covering up Garcillano’s escape," said Guingona, a member of the opposition’s impeachment team.

He said DFA Undersecretary Franklin Ebdalin took a week to relay to the House the information provided by Singapore on Garcillano’s arrival on July 14 and his departure the next day.

Rep. Gilbert Remulla, chair of lead House committee, said Wednesday he was told by Ebdalin that they waited for clearance from Foreign Affairs Secretary Alberto Romulo.

The House panels issued a warrant for the arrest of Garcillano on August 4 after his repeated failure to attend hearings.

Guingona said there was clearly an attempt of "concealment of the fact that Garci already left the country."

"Clearly Secretary Romulo has a lot of explaining to do," he said. "Definitely, the (DFA knew of Garci’s flight all along). Kailangang managot sila kay chairman Remulla at sa Congress."

Garcillano went into hiding after the Palace made public on June 6 the "Hello Garci" recordings on alleged rigging of the May 2004 elections.

Remulla said they could reconvene to ask the DFA to explain Garcillano ‘s flight "as sources told me that Garci did not have a UK visa and therefore, transit lang siya to another destination."

He said Fernandez and ATO officials should take a leave from their posts until they are cleared of allegations of conspiracy and obstruction of justice.

"But they should resign if they have no sufficient explanation for Garci’s slipping out of the country," he said.

Rep. Roilo Golez (Ind., Parañaque) said Garcillano’s flight "also confirms the government’s lax attitude in preserving him as a potential witness."

"I believe that great escape would not be possible without assistance from very powerful government officials," he said, adding that if Garcillano had nothing to hide, it would have been very easy for the government to produce him.

This, he said, confirms both Garcillano and the President’s guilt.

"The government is apparently scared to let him face a congressional inquiry because he might spill the beans and fatally wound the President… Guilty talaga si Garci," he said.

Guingona said the DFA’s deliberate attempt to conceal information on Garcillano’s flight and the raid on Tuesday on the rented house of a forensics expert helping Loren Legarda in her electoral protest against Vice President Noli de Castro were part of Malacañang operations to hide evidence in the impeachment complaint.

"Obviously, the hand of Malacañang is there. You can see the hand of Malacañang in the foreign affairs (department), Bureau of Immigration. All of these are under the Office of the President and even those indirectly under the OP like the Isafp," he said.

"Kinakailangan na makita ng taongbayan kung bakit nagpapagamit itong mga ahensyang ito sa Malacañang sa pagtatakip ng mga bagay na importanteng importante para sa impeachment trial," he added.

Malacañang said the DFA and the BID are the ones that should explain to Congress how Garcillano was able to slip out.

"Ang tanging naatasan para subaybayan iyan ay ang Foreign Affairs at ang Immigration dahil sila ang nagbabantay sa mga labas-pasok ng mga tao," Cabinet secretary Ricardo Saludo said.

Maj. Gen. (ret.) Ramon Montaño, former Constabulary chief, said aside from the heads of ATO and the immigration bureau, Transportation Secretary Leandro Mendoza and Justice Secretary Raul Gonzalez should be asked to explain how Garcillano managed to escape.

The ATO is under DOTC while BID is under DOJ.

The ATO and BID have launched separate investigations.

"I am calling for a full-blown investigation against the ATO and the BID, they just cannot simply let a passenger with a warrant of arrest go," he said.

Montaño, who served as presidential adviser on police matters during the Ramos administration, said the pilot and crew of the aircraft Garcillano boarded should also be investigated.

He said Garcillano managed to leave either because of a conspiracy or "there was just a lapse in security procedures."

He said a conspiracy was more likely to keep Garcillano away from public scrutiny.

"It’s almost clear now that there is a conspiracy. There is a conspiracy to hide him because of his knowledge in the last elections," he said.

Senate minority leader Aquilino Pimentel again urged the DFA to cancel Garcillano’s passport.

"Make him an illegal alien abroad to compel him to submit to Philippine jurisdiction," he said.

He said there is no more excuse for the DFA not to cancel Garcillano’s passport after it was verified that he had fled.

The DFA has said that it could not summarily cancel Garcillano’s travel documents because he is not officially a fugitive from justice. – Wendell Vigilia, Regina Bengco, Victor Reyes and Joan Dairo