MANILA – Justice Secretary Vitaliano Aguirre on Friday dared Sen. Risa Hontiveros to surface the photographer who shot him while he was texting, and inadvertently captured his infamous text conversation about her with a certain “Cong Jing.”
Aguirre said he does not believe the taking of the picture was accidental.
Such claim can only be proven if the cameraman or photographer steps forward, the DOJ chief said.
“Kung sila ay naniniwala at in good faith si Hontiveros, dapat ipalabas niya ‘yan. Sabihin na i-play ang footage. I’m sure, na ‘yan ay nakatutok sa akin nang napakatagal na panahon bago makuha ang footage ng aking cellphone,” said Aguirre.
[If they truly believe it’s accidental and Hontiveros is in good faith, that person must come out. Play the footage. I’m sure it will show that he was focused on me for a long time before that text on my cell phone was captured].
“If you are telling the truth, Senator Risa, I appeal to you to surface the photographer or cameraman. That is the first violation because that is 4200. You took a picture of a private communication,” added Aguirre, speaking mostly in Filipino.
Aguirre said he is decided to file a case against Hontiveros, who he claimed had violated the anti-wiretapping law and his right to privacy of communication.
But first, he said he will file an ethics complaint against the senator.
Next, he will file three counts of criminal complaint before the Ombudsman.
Finally, he will file civil cases before the regional trial court.
Aguirre said the senator cannot invoke her legislative immunity in these cases.
“Sinalaula mo Senado [you shamed the Senate] when you were delivering speech. Ang sinasabi mong immune ka from suit, hindi totoo yan. Under the constitution, ay kung may speech and debate. But once you include in a privilege speech, pinakita mo sa mundo, you are violating the law in the Senate. Nilalabag mo ang batas. [Your claimed immunity from suit applied only to occasions of speech and debate, not in a privilege speech. You broke the law] While doing so, you should answer for it.”
When he was asked, however, about Hontiveros’ allegation that — based on the thread of the exchange “inadvertently” captured in the camera screen — the DOJ chief and “Cong Jing were plotting against her, Aguirre
said that was not the issue but the senator’s violation of the law and the Constitution.
If he replied to such allegation, Aguirre said, it’s tantamount to him waiving his right to privacy of communication.
Not even the Senate as a body can compel him to respond to her allegations, he added.
“Gusto ko sagutin yan [I want to answer that]. [But] I will not give her the pleasure of adding to her defense. [I will] not answer the question respecting the contents of my cellphone. [The judge might say I’m waiving my right ko to privacy of communication. The issue is not the contents of my cellphone, but did she violate my right? The laws?”