(Eagle News) — Former Rep. Jacinto Paras on Thursday said he would file charges against Senator Risa Hontiveros for making public what he said should have been private text messages between him and Justice Secretary Vitaliano Aguirre without their consent.
Hontiveros said in a privilege speech on Monday that Paras–now affiliated with the Volunteers Against Crime and Corruption–was the recipient of Aguirre’s “Let us expedite your cases against (Hontiveros)” text, which she was able to derive from an enhanced version of a photograph of the justice secretary texting during a Sept. 5 Senate hearing on Kian Loyd delos Santos’ death.
Although Paras said he could not remember what exactly was his text exchange with Aguirre, he said the time this was made was also the time he made a “request” to Director Dante Gierran of the National Bureau of Investigation for an inquiry into the possible liability of Hontiveros for refusing to give up custody of the supposed witnesses into the death of Delos Santos.
He said the refusal was despite appeals from Delos Santos’ parents for the alleged witnesses–whom Paras said were “obviously” being coached by Hontiveros’ camp— to be turned over to the Public Attorneys’ Office.
He said PAO chief Persida Acosta also requested for the turnover so the alleged witnesses could be included in the Witness Protection Program.
“Magsasampa din (ako ng kaso laban kay Hontiveros). Maybe I will file a case for violation of the Anti-Wiretapping Law,” Paras said in a radio interview.
Fruit of the poisonous tree
According to Paras, in the first place, the text messages were a “private communication between me and (Aguirre).”
Under the Anti-Wiretapping Law, he said whenever a private communication is made between two or more persons, the recording of such requires that there be consent from the parties involved.
“Kung walang pahintulot, that violates (the law),” he said.
He said if Hontiveros wanted to use the text messages for her privilege speech, she should have gotten the text messages “in a legal manner.”
Because of what she did, he said the text messages were now considered the “fruit of the poisonous tree,” which means that “anybody who touches (the illegally recorded message), uses it, will be liable.”
“Ang masama dito, nandadamay siya ng tao. Sinabi niya, photojournalist daw kumuha. Dinadamay niya yun. (If that’s the case) there will be a conspiracy to commit this (violation of the) Anti-Wiretapping Law,” he said.
Overall, he noted that Hontiveros’ reaction to the message that she would be investigated seemed to indicate she believed in the erroneous notion that she should not be investigated because she was a senator.
“Bakit siya natatakot na paimbestigahan? Meron ba siyang nagawang kaso? Parang iniintimidate niya si Secretary Aguirre,” who is only doing his job, he said.
Earlier, Aguirre said he would file criminal, civil and administrative charges against Hontiveros after she allegedly violated his “right to private communications” and the Anti-Wiretapping Law.
He said the act was even more “despicable and diabolical” because Hontiveros made what were supposed to be private text messages public during a privilege speech, which under the law is considered privileged communication.
Contents of a privileged communication cannot be used against the person who made the communication.
