JUSTICE Secretary Vitaliano Aguirre II on Monday sought the criminal prosecution and ouster from the Senate of Senator Risa Hontiveros, for making public a photo of a text exchange on his phone that was taken surreptitiously.
Aguirre said Hontiveros violated the Anti-Wiretapping Law when she and her co-conspirators recorded the text messages on his phone with Negros Oriental Rep. Jacinto Paras, “without being authorized by all the parties to a private communication.”
The complaint named other unidentified individuals as respondents.
Paras also filed a similar complaint against Hontiveros before the Office of the Ombudsman earlier, citing the same allegation.
In the text exchange, Aguirre had urged Paras to speed up the filing of cases against Hontiveros.
Aguirre said he filed the complaint before the National Prosecution Service instead of the Ombudsman because Hontiveros’ offenses were “not in the performance of her official duties.”
Nonetheless, the Justice secretary assured Hontiveros of fairness despite the prosecutor’s office being under his department.
After filing the criminal complaint, Aguirre also filed a complaint before the Senate ethics committee against Hontiveros, seeking her ouster because her acts were “unethical and very unbecoming of a public servant.”
He asked the Senate to either suspend or expel Hontiveros, noting that she and her cohorts conspired to take a photo of his text conversation.
“It was premeditated in the sense that they were really watching my cellphone,” Aguirre said in Filipino.
Aguirre said Hontiveros violated his constitutional right to privacy and also the Anti-Wiretapping Act.
He also rejected Hontiveros’ claim that the photo was taken inadvertently.
He argued it was apparent that during a Senate hearing on public order and dangerous drugs on Sept. 5, while he was engaged in composing and sending private text messages on his phone when the so-called “media member” strategically positioned himself in a location with a complete vantage point to deliberately and covertly take, shoot, intercept and capture an image of his phone.
He said his photo was taken without his knowledge and consent and with the intention of intercepting and capturing his private measages.
“Contrary to the claim of Senator Risa Hontiveros in her privilege speech, it was targeted. I was singled out, It was premeditated,” he said.
He noted that the precise timing of taking or shooting of the photograph, the accuracy and detail of the image taken, and strategically chosen vantage point all indicate that the photographer intentionally focused his camera to capture his private text messages.
With intent to maliciously use the text messages, Aguirre sais Hontiveros illegally acquired his photographs and his phone’s screen showing an accurate and detailed image of his private text messages.
“Senator Risa Hontiveros, a public servant who is accountable to a higher yardstick of proper decorum and of lawful conduct, in evident bad faith, disregarded the patent illegality of the photographs and its contents when [she] accepted and took possession of the same,” argued Aguirre.
The Senate minority bloc said the filing of charges against Hontiveros is a clear case of political harassment and intimidation.
It noted that this is part of the continuing attempt by the administration and its allies to silence the political opposition, including other colleagues, Senators Leila de Lima and Antonio Trillanes IV, and independent institutions like the Supreme Court, the Ombudsman, and the Commission on Human Rights.
Aguirre’s exposed text conversation proves that the filing of charges against Hontiveros had been long planned, the minority bloc said.