President Rodrigo Duterte’s list of narco-politicians, which includes at least six congressmen, was based on “wiretapped” information that came from foreign governments monitoring drug syndicates from their respective countries.
“No law states that being given [wiretapped] information is illegal. In fact, I think we should be thankful that we are being provided information relative to the criminal activities in this country,” Presidential Spokesman Salvador Panelo said.
“The experts [on surveillance] are Israel, America, Russia, China. In other words, they provide us with the information. If it was just us—we can’t do that because our instruments are outdated,” the Palace official added.
Duterte has authorized Interior Secretary Eduardo Año to release the list of 82 politicians who are suspected of being involved in the drug trade either as financiers or protectors.
READ: ‘Pros outweigh cons on narcos’
PDEA director general Aaron Aquino said 64 of the politicians are seeking elective positions in the May 13 midterm polls.
“There were originally 83 in the list but with the recent arrest of Mayor [Norodin] Salazar of Maguindanao, the list is now down to 82. If I am not mistaken, at least six or seven are congressmen,” Aquino said.
While he has yet to receive a copy of the narco-list, Justice Secretary Menardo Guevarra said the National Bureau of Investigation will conduct a parallel probe once the names are made public.
“Once the list is made public, we shall request the sources of the information [Philippine National Police, Philippine Drug Enforcement Agency, and local government units] to provide us with copies of their intelligence reports,” Guevarra said.
This early, however, Guevarra said information based on wiretapped conversations can be used as evidence in court against suspected narco-politicians if the act of wiretapping is legal in the countries where it was done.
“It depends on the laws of the country where the wiretapping was done. If it is illegal in that country, then the fruit of the illegal act is also illegal and may not be admitted as evidence in Philippine courts. But if it is legal, then it can be admitted as evidence,” the Justice chief said.
Under the Anti Wire-Tapping Law, it is “unlawful for any person to tap any wire or cable, or by using any other device or arrangement, to secretly overhear, intercept, or record such communication or spoken word.”
Law enforcers are only allowed to wiretap private communications in relation to cases of treason, espionage, rebellion or sedition, and kidnapping, but only with an authorization order from the courts.
In September 2017, Duterte revealed that he permitted the wiretapping on former Iloilo City Mayor Jed Patrick Mabilog and the late Ozamiz City Mayor Reynaldo Parojinog Sr. for their alleged involvement in the illegal drug trade.
Lawmakers, however, were wary of Panelo’s disclosure that the administration received wiretapped information from foreign governments.
“It does not make things right, unless those who conducted the wiretap were armed with judicial authorization,” said Senator Panfilo Lacson, a former head of the Philippine National Police.
“Is the administration admitting to being complicit in the commission of a crime by foreign governments? Is it now a government policy to condone invasion of privacy of its own nationals by China, Israel and the United States?”
Bayan Muna party-list Rep. Carlos Zarate, for his part, denounced the piecemeal release of information on the narco-list.
“This is like a political witch hunt. If they have enough evidence, they should file a case in court and prosecute to the fullest those who are suspected as being involved in the illicit drug trade,” Zarate aid.
READ: Senators, Comelec: Release of narco list premature, unfair