Philippine electoral crisis, 2005
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In June 2005, there came a Philippine electoral crisis. Certain evidence, not yet tested in a court of law, have surfaced regarding an alleged election fraud conducted by the incumbent president Gloria Macapagal-Arroyo in the 2004 national election. The official results of that election gave Gloria Macapagal-Arroyo and Noli de Castro the presidency and vice-presidency, respectively. The elections in question elected hundreds of candidates into power for both executive and legislative positions in both the national and local level.
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Events history on the Ong's evidence
Friday, June 10
On June 10, whistleblower Samuel Ong, a former deputy director of the country's National Bureau of Investigation (NBI) spoke controversially in a public press conference in Manila. He said that he was the source of a set of original audio tapes that was in circulation for the past week around the country. The master tape, allegedly, is a recording of a wiretapped conversation between President Gloria Macapagal Arroyo and Victor Garcillano, an official of the Commission on Elections. Ong currently holds on to, as he claims, one out of four known master tapes that may incriminate Arroyo. He also said that he did not tap Arroyo's conversation himself, for the evidence was just entrusted to him by another source.
The contents of his tape allegedly proves, according to Ong, that the 2004 national election was rigged and Arroyo is not the real winner of the said election. Administration officials and lawmakers countered by saying that such tapes may be inadmissable in a court of law, because of the anti-wiretapping law, and can not be used against Arroyo. Ong sympathizers responded that the law is only applicable to private conversations and Garcillano is a public official discussing the election, a public matter together with Arroyo. Also, sympathizers claimed extraordinary circumstances, and said that wiretapping the president is okay on the grounds of the preservation of national security. Poll fraud is against national security, and and act of such is punishable by law. The office of the president still maintained that the tapes as inadmissable because of the anti-wiretapping law. Courts will open on Tuesday.
"The one sitting in Malacaņang is not the real President of the Republic of the Philippines because the tape will reveal she cheated in the election," said Ong. Malacaņang is the palace and the seat of the President of the Philippines. Ong used to work in intelligence for the NBI for almost twenty years, and from 2001-2002, served under Arroyo. He said he would allow a neutral like the American Federal Bureau of Investigation (FBI) or the Scotland Yard to confirm the authenticity of the tapes, since the accused is in control of the NBI. Eventually, a forensic voice identification analysis conducted by the Australian firm Uniquest found the controversial audiotape "genuine, unadulterated and undoctored."
Arroyo supporters said that the whole government should support Arroyo in full. Protests began as people in the street countered by saying that it is okay to withdraw support for Arroyo, since she is not the legitimate president anyway. Later in the day, some politicians declared support for Arroyo, many of whom were winners of the same elections that is in question.
Later that night, Samuel Ong, fearing for his life, went to San Carlos Seminary seeking refuge and sanctuary. Later, the venue was surrounded by hundreds of Ong sympathizers, who went on to start a vigil in the area. Police were also deployed there for the night as the capital as the police were on Red Alert in the capital.
Saturday, June 11
On June 11, Ong resided in the seminary. Sympathizers in the area vowed to prevent his arrest and/or death. Later, the Office of the President formally denied the accusations to the public, although earlier, Arroyo's spokesman, Ignacio Bunye, already acknowledged that is was Arroyo's voice in the Ong tape. Mass protests grew around the country, by the thousands. Some protesters wore black. Authorities prevented protesters from forming with a "no permit, no protest" policy. Ong sympathizers countered by using their right to a free assembly, thus, no permit is necessary. The police used force, allegedly, against the protesters, as protesters' numbers swelled in different areas around the country. Also, Susan Roces, widow of former opposition leader Fernando Poe, Jr., met with Ong in a pledge of support for Ong. Administration leaders accused Ong for working in the side of the opposition. Ong replied that he is nonpartisan, and the opposition was just supporting his act of conscience. He also said that he never met the opposition before until they one by one approached pledging him support. Arroyo supporters then accused Ong's stand was caused by opposition pressure. Ong denied it and promised to explain the tape further later. Other leaders affirmed Ong for bringing out the truth, despite the great risk on Ong's life. Ong may be arrested after the holiday weekend, as he claims the government will do on Tuesday. Despite this he said he will wait for his arrest in the seminary. Calls for impeachment, and/or resignation of Arroyo and other politicians lessened as some protesters asserted that the politicians did not win the elections at all. Protesters just demanded that they simply step down, and give way to an interim government.
Later in the day, another set of audio evidence spread. A three audio CD set also may incriminate Arroyo. Reports said that the third CD also shows a conversation between Arroyo and Garcillano, similar to the Ong tapes. According to sources, the third CD catches Arroyo and Garcillano talking about their plans regarding the 2004 election, where Arroyo ordered Garcillano to give Arroyo a lead of one million votes over the the competition. The contents of the third CD is still to be verified. Transcripts of the Ong tapes and other CDs has spread though in limited quantities.
That night, Arroyo hosted the traditional reception celebrating the 107th Independence Day from the Spanish, to be held in June 12. In a speech, Arroyo described what was going on as "extreme madness." She asserted that the people should worry about issues like poverty and infrastructure, rather than the crisis. The members from the diplomatic corp, and mayors and governers and other leaders from all around the country attended. A representative for the mayors and governers gave a speech as a sign of solidarity between them and Arroyo. Other political and religious leaders from around the country expressed solidarity with the president.
Sunday, June 12
On June 12, the country celebrated independence day. Philippine police tighten security around the seminary. Protesters who held vigil in the seminary, and in other areas, dwindled as people paid their respects to the day of independence. Protest activity overall was minimal, compared to the two previous days. Police announced that there were no problems regarding peace and order. Arroyo in later speeches during independence day ceremonies labelled events of the past few days as "dirty politics". Ong sympathizers demanded that Arroyo stop the rhetorics and just answer directly the accusations supported by the Ong tapes and other related CDs. Copies of tapes, CDs, and written transcipts spread further throughout the day. Protesters vowed to begin protests again after the holiday weekend (includes monday which is a state holiday), and to renew again the call for the ouster of politicians. Other more organized groups called for the Supreme Court's withdrawal of the results of the 2004 elections.
The National Telecommunications Commission (NTC) issued a warning on the country's radio and TV networks, regarding the coverage of the crisis. The NTC claimed that it will close any network that airs the contents of the Ong tapes, because of the anti-wiretapping law. Media pundits countered that that act is a violation of press freedoms and the NTC can't shutdown a network unless there is contention in the appropriate forum first. Protesters also contended that the contents of the Ong tapes should be broadcasted to the general public as soon as possible. The same demanded that since the alleged crime is against the Philippine electorate, the people have the right to know, and should be the first to know, what was in the Arroyo's conversation that allegedly proves poll fraud. Until the announcement, only a few were able to broadcast the contents of the tape. Listeners who heard excerpts of the Ong tapes, through the radio, are few. Contents of Ong tapes spread, through different forms of media like written transcripts which circulated.
Monday, June 13
On June 13, the official position of the government held on to the stand that the evidences are fake, and Arroyo did not commit electoral fraud. Copies of tapes, CDs, and written transcripts spread.
The Kapisanan ng mga Brodkaster ng Pilipinas (KBP) challenged the National Telecommunications Commission (NTC) regarding warning of a possible forced closure of networks that air the contents of the tapes that involve the conversations of President Arroyo. A lawyer linked to Samuel Ong warned that if authorities file criminal charges against Ong, this act would be an admission that the tapes are authentic and an admission that the tapes indeed involve Arroyo. Anti-wiretapping law no longer prevents the people from listening to copies of the tape since the government denies its authenticity.
Tuesday, June 14
On June 14, The KBP attacked the NTC by calling their warning as "an attack on press freedom." The spread of tapes, CDs, written transcripts are accompanied by the spread of computer files (.doc, and .mp3) versions of the Ong recordings over the Internet. Authorities later released their own government endorsed copies over the Internet, and called the Ong recordings, already widespread, as "manipulated". Ong sympathizers countered by calling the act a last ditch attempt by the government to save itself. Sympathizers said that since the government can't control the spread of the Ong recordings, authorities just tried to confuse the electorate with their own fake recordings.
Foreign experts reportedly confirmed that the Ong recordings do indeed have the voices of Arroyo and Garcillano. This was confirmed by New Jersey based Voice Identification Inc. Arroyo has yet to respond. With the tape itself authenticated, and the voices therein confirmed, Ong sympathizers began a fresh wave of protests calling for the legal ouster of politicians. They called for the Supreme Court to declare the 2004 elections null and void. They also supported the creation of interim government, new elections, all to be followed by a new legitimate government. Arroyo stands by her claim of innocence.
Friday, June 17
The International Federation of Journalists (IFJ) condemned the Arroyo administration for attempting to restrict the airing of the Ong recordings. Christopher Warren, IFJ president said that, "Threatening journalists and media organizations is an unacceptable practice in a democracy; the [Arroyo] administration needs to be more transparent in its dealings with election officials."
Authorities instead allowed the country's media to play a government endorsed recording which they claim to be the original. The government tapes portray a conversation of Arroyo and a man named Gary, rather than Garci (nickname of Garcillano). The Ong recordings though have already been verified (both tape and content) by two neutral parties. Also, the courts have not yet had a say on the matter.
Saturday, June 18
KBP said that the Ong recordings itself may now be aired, until it is proven to be an illegal wiretap of Arroyo. Both the Ong recordings and the government endorsed recordings are being aired by the media.
Sunday, June 19
Victor Garcillano reportedly seen in Zamboanga City. Copies of both recordings spread further everywhere through almost every possible means of mass media. A significant number of the country's electorate were already able to access the recordings. Names of many other election candidates and other politicians are reportedly mentioned in the recordings.
After more than a week, the crisis seems that it will no longer end with an outcome that is illegal and/or violent. Procedures that are already in place could help end the issue of electoral fraud allegations on Arroyo, Garcillano and any other related party. Everyday life for most citizens moves back to normal, though the crisis is still ongoing. The Commission on Elections, Congress, Ombusman, and most likely, the Supreme Court may soon end the crisis.
Evidence
Contents of the Ong recordings and related material
During the early part of the crisis, Randy David cited two short snippets of the transript of an Ong tape in the end of his column.
Randy David is a nonpartisan columnist of the prominent broadsheet Philippine Daily Inquirer. He has heard the contents of the tape and in his column, and analyzes, using ethnomethodology, the contents of the tape. People have heard the contents of the tape, and but few are willing to comment about it as first hand listeners. His analysis is about a principal (certainly female) and her agent. The two have discussions through phone. David describes the agent in this manner. "This man is not in the business of counting votes; he produces them." See Randy David's analysis of the transcript.
Soon more complete copies have become widely available. See downloadable copies and web readable copy. Both of these link to both the Ong recordings and the government endorsed recordings, distrubuted by Inq7.net, a news site.
The second set of recordings labelled by the government to be the original copy, is more easily accesible as the government does not restrict the media from airing it. But eventually, the media was allowed to broadcast both sets, including the Ong recordings. Inq7.net has both copies in previously mentioned links.
Also, this may be the government transcript but this is still to be independently verified. See government endorsed transcript
According to Philippine law, both recordings are now part of the public domain, and are freely distributable.
Other evidence
Namfrel, and other independent sources are surfacing with new evidence regarding the electoral fraud allegations.
Pop culture
There is also the wide spread use of a portion of the contents in Ong tapes as a mobile phone ring tone. The ring tone starts with Hello, Garci? Hello Ma'm. This is common among the youth, especially with the start of the new school year in June.
Implications
Government
The evidence carries with it great consequences. One tape has already been neutrally authenticated, and Arroyo's spokesman, Ignacio Bunye, acknowledged that it was indeed Arroyo's voice. The protesting public insist that the tapes and CDs have already proven electoral fraud, and that Arroyo cheated and rigged the 2004 elections. People are clamoring that the results the 2004 elections be made invalid. The Supreme Court has not yet decided on the matter, and has not yet made a declaration of an invalid election. There may be other means of resolving the crisis.
If the court of last resort declares that the 2004 elections are null and void, Senate President Franklin Drilon, the highest elected official to date who is still serving his term from the previous election in 2001, may be sworn in by the Supreme Court, as interim president. In a temporary role, the interim president, mandated by the constitution, will call for re-elections to replace the results of 2004.
Electorate
The Philippines, according to experts, has a reputation for having political issues based on personality politics and the corruption, alleged or otherwise, involving government personalities. Such examples include the ouster of former presidents Ferdinand Marcos and Joseph Estrada. However, what is unique about this crisis, according to same experts, is that it addresses the greater issue of electoral fraud and an allegedly faulty election system that allows cheaters to win, and worse, to get away with it. Politically outspoken student groups mention that this is rather new for Philippine politics, and shows a gradual development of the voting public, the electorate.
The accusations, if recognized to be true by the Supreme Court, will prove that the declared winners of the 2004 elections do not actually have the legal mandate to be in power. And, if the winners are stripped of their positions, this will be the first time that cheating politicians, in significant numbers, may actually be punished for their actions. Again if this happens, it will be a turning point in the country's electoral history, as the electorate's demand for free and fair elections will topple cheating candidates who almost got away with cheating, assuming these politicians are proven cheaters.
According to pundits, the past 60 years of the Philippine history already has a reputation of electoral fraud, proven or otherwise. It is just that no one ever gets caught, and that no one ever gets punished. Analysts assert that constituents have always been desensitized to their politicians cheating during elections, and because of this, people usually doubt their leaders' mandates. The people are also often suspicious of the winners, especially in close poll results, and do nothing. Constituents generally allow their leaders, assuming proven acts of cheating, to get away with cheating, until now.
Media coverage
Certain sectors claim that some media groups in broadcast and print are partisan in favor of Arroyo or against Arroyo. This is seen in the manner of the coverage of the crisis, and the selections of experts for interviews. Alternative media, mostly in radio, accuse the same, though they may be partisan themselves. These accusations though between them are not new, and is common during propaganda wars.
The National Telecommunications Commission (NTC) warning on the country's radio and TV networks stands out during the crisis. The NTC warning of possible forced closure on any network that airs the contents of the Ong tapes is a contentious issue. However, before the warning some networks were already able to play the contents of the Ong tapes repeatedly. The Kapisanan ng mga Brodkaster ng Pilipinas (KBP) objected the NTC warning. KBP announced that the media may broadcast the contents. Published transcripts are in circulation as well as audio recordings. The fate of these media groups is pending, regarding any future NTC action, though the KBP believes that the NTC has no legal basis in closing any any TV or radio network.
External links
- Randy David's column and a short snipet of the transcript.
- International Herald Tribune's breaking news
- Uniquest Consulting
- Inq7.net News
- Inside PCIJ
- GMA News
- ABS-CBN News