D E C I S I O N
(En Banc)
(En Banc)
PUNO,
J.:
I.
THE FACTS
As a
consequence of the public release of copies of the “Hello Garci” compact disc
audiotapes involving a wiretapped mobile phone conversation between then-President
Gloria Arroyo and Comelec Commissioner Virgilio Garcillano, respondent DOJ
Secretary Gonzales warned reporters that those who had copies of the CD and
those broadcasting or publishing its contents could be held liable under the
Anti-Wiretapping Act. He also stated that persons possessing or airing said
tapes were committing a continuing offense, subject to arrest by anybody.
Finally, he stated that he had ordered the National Bureau of Investigation to
go after media organizations “found to have caused the spread, the playing
and the printing of the contents of a tape.”
Meanwhile, respondent NTC warned in a press release all
radio stations and TV network owners/operators that the conditions of the
authorization and permits issued to them by government like the Provisional
Authority and/or Certificate of Authority explicitly provides that they shall
not use their stations for the broadcasting or telecasting of false information
or willful misrepresentation. The NTC stated that the continuous airing or
broadcast of the “Hello Garci” taped conversations by radio and TV stations is
a continuing violation of the Anti-Wiretapping Law and the conditions of the
Provisional Authority and/or Certificate of Authority. It warned that their broadcast/airing of such
false information and/or willful misrepresentation shall be a just cause for
the suspension, revocation and/or cancellation of the licenses or
authorizations issued to the said media establishments.
