A Manila-based journalist posted bail on 8 May 2009 after a Philippine local court issued an arrest warrant in connection with a wiretapping complaint filed by a government official in November 2008.
Judge Josephine Vitocruz of the Pasay Metropolitan Trial Court Branch 47 issued the warrant of arrest against Cecilia “Cheche” Lazaro who was accused by Government service Insurance Service (GSIS) Vice President for Public Relations and Communications Ella Valencerina of violating Republic Act 4200 or the Anti-Wiretapping Law. Lazaro denied that she and her staff, who were also earlier named respondents in the complaint, violated the law.
The Anti-Wiretapping Act prohibits the recording of any private communications or spoken word without the consent of all parties involved. Those found guilty are sentenced to a prison term of not less than six months or more than six years.
“This is a small price to pay for bringing a perfectly legitimate public interest issue out in the open,” Lazaro said in a statement. “Probe will not be intimidated into submission.”
Lazaro posted bail of P12,500 (approximately US$264) after the arrest warrant was issued 7 May 2009.
In her complaint-affidavit, Valencerina said Lazaro “in conspiracy” with Probe Productions, Inc. staff members and Maria Ressa, head of the public affairs division of broadcast network ABS-CBN, secretly recorded and without her consent aired their 10 November 2008 phone conversation in an episode of the late-night documentary show Probe.
Probe, hosted by Lazaro, is produced by Probe Productions, Inc. and aired on ABS-CBN 2 as a block time program. The segment Perwisyong Benepisyo ( Troubled Benefit ) tackled problems in the GSIS Premium-Based Policy.
Lazaro and the other respondents filed through their counsel a memorandum to dismiss the case for lack of probable cause before the city prosecutor on 26 March 2009. In the memorandum, the respondents said Valencerina was informed that the telephone conversation was being recorded, contrary to what she alleged in her complaint.
The memorandum stated that the respondents have filed their respective counter-affidavits to the complaint along with the full and unedited recording of the phone conversation, which showed that Valencerina was informed of the recording, and the complete episode of Perwisyong Benepisyo .
It added that Valencerina also dropped the accusation that the phone conversation was secretly recorded in her reply affidavit, but insisted that she never consented to the recording or subsequent broadcasting of the conversation. In the Probe episode, only parts of the conversation were aired.
