MANILA, Philippines—Former Election Commissioner Virgilio Garcillano may be reluctant to appear before the investigation into alleged fraud in the 2004 presidential election but the government could subpoena him or charge him in court to ferret out the truth, Commission on Elections Chaiman Sixto Brillantes Jr. said Saturday.
Brillantes pointed out that the joint investigation of the Comelec and the Department of Justice into alleged irregularities during the 2004 election was “not anchored” on Garcillano because there were other personalities who were also allegedly involved.
“This is a formal investigation so we can make him a respondent and he cannot afford not to appear,” Brillantes told reporters. “If he is made a respondent and then he did not appear, then we (could) find probable cause (against Garcillano) and file the case in court. But that would be another matter.”
Brillantes pointed out that the current investigation was not an ordinary fact-finding inquiry like that of congressional investigations.
“This is a formal preliminary investigation. So, let’s see if he would appear or not, then we can compel him,” he said.
“If he’s not going to participate, then he can probably be compelled to participate through a subpoena. If he does not appear, he could be converted into a respondent, he could be charged with a case, if there is evidence against him,” he added.
Brillantes said that Garcillano could be charged with perjury if it were proven that he was lying about the alleged election irregularities.
“Everything is not anchored on him. If he has nothing more to add (to what he has already said), then he shouldn’t add any,” Brillantes said. “But if it turns out that he is lying, he could be charged with perjury. There are many cases that could be filed. That is why we included the DOJ because (the Comelec) can cover the election offenses (while) the other offenses can be within the jurisdiction of the DOJ.”
The Comelec chair said he was not surprised that Garcillano denied any wrongdoing in a press conference in Bukidnon Saturday afternoon, especially about his alleged recorded phone conversation with former President Gloria Macapagal-Arroyo.
“He has to be consistent with the tapes because if he admitted to it, that would be big evidence against GMA… but this will all come out during the formal investigation,” Brillantes said.
He said the Comelec had no plans of sending an emissary to Garcillano but would be investigating reports that other Comelec officials were involved in the cheating.
Brillantes said even his nephew, lawyer Roque Bello, would be investigated after he was linked to the switching of election returns at the House of Representatives.
Brillantes, who said he would inhibit himself from the investigation, said Bello used to work for him but this was only until 1992.