Aguirre files wiretapping complaint vs Hontiveros

Justice Secretary Vitaliano Aguirre II on Monday filed a wiretapping complaint against Akbayan Sen. Risa Hontiveros at the Pasay City Prosecutor’s Office for exposing his alleged exchange of text messages with a “Cong. Jing” during the senate hearing on the killing of the 17-year-old student Kian Lloyd Delos Santos.

Aguirre said that Hontiveros violated the Republic Act 4200, or the Anti-Wiretapping Act.

According to Aguirre, Hontiveros committed three counts of violation under the Anti-wiretapping law: first, for obtaining the photo; second, for bringing the captured photo to experts for examination to check the authenticity of each; third, for exposing all the photos of Aguirre attached in a PowerPoint during a senate hearing— which he concluded as a violation of his right to privacy of communication.

Earlier, in a privilege speech, Hontiveros called the attention of the senate and presented enlarged digital photos of Justice Secretary exchanging text messages with a “Cong. Jing”, the senator identified that it was the Former Negros Oriental Representative Jacinto “Jing” Paras, who is a member of the Volunteers Against Crime and Corruption (VACC).

“Naturuan na ni Hontiveros ang testigo [Hontiveros already coached the witness], her questions are leading questions,” Cong. Jing’s text message read.

“Very obvious, kaya nga expedite natin ang cases niyo vs her [Very obvious, let’s expedite your cases against her],” Aguirred replied.

It was specified under the Anti-Wiretapping Law that “It shall be unlawful for any person, not being authorized by all the parties to any private communication or spoken word, to tap any wire or cable, or by using any other device or arrangement, to secretly overhear, intercept, or record such communication or spoken word by using a device commonly known as a dictaphone or dictagraph or detectaphone or walkie-talkie or tape recorder.”

Aguirre said in a text message that the National Prosecutors Office (NPO) has jurisdiction over the complaint.

“After further study, I came to the conclusion that it is the civil courts and the National Prosecution Service that have jurisdiction over the cases because the offenses were committed when Sen. Risa was not in the performance of her official duties,” Aguirre said in a text message.

Despite of the fact that Pasay City Prosecutor’s Office is under the Department of Justice, he assured that the case against Hontiveros will be handled fairly.

“What I could say is that the DOJ will treat these cases fairly and with justice so [she] has nothing to fear.”

Aguirre said he will also file an ethics complaint against Hontiveros before the Senate on the same day.

A week before, Former Negros Oriental Rep. Jing Paras also filed three criminal charges of kidnapping, obstruction of justice, and wiretapping against Hontiveros before the Office of the Ombudsman.