Jail Time for Hontiveros? She May Not Have Parliamentary Immunity for Wiretapping ~SHARE
What Aguirre filed against Hontiveros was a criminal case for alleged violation of the anti-wiretapping law. Aguirre filed the case before the Pasay City Prosecutor's Office.
Aside from the criminal case for the alleged violation of the anti-wiretapping law, he also said he will also file an ethics complaint against Hontiveros before the Senate on the same day.
"I condemn to the highest degree the shameless violation of a citizen's right to the privacy of communication," Aguirre later said at the Senate hearing.
"Tunay po na nakalulungkot, nakakabagabag at higit sa lahat, nakakatakot ang naganap na pagbalewala sa aking right to privacy and communication." (It is truly sad, worrisome, and scary that my right to privacy and communication was violated.)
The wiretapping case stems from Hontiveros' privilege speech on September 11 where the senator publicized a photo of Aguirre texting. Zooming into the photo, Aguirre was shown to have texted Volunteers Against Crime and Corruption (VACC) member Jacinto "Jing" Paras to "expedite the cases" against the senator.
Aguirre claimed the photo was not accidentally taken as claimed by Hontiveros, and that he could prove it through experts' opinion.
Named as his witness in the criminal complaint before the Pasay City Prosecutor's Office is Cristopher Malinao from the Federation of Philippine Photographers Foundation (FPPF).
Aguirre had earlier told media he would also file a civil case of violation of the right to privacy of communication.
Many believe that Hontiveros is immune from lawsuits because of parliamentary immunity, but parliamentary immunity is not absolute. But parliamentary immunity is only good if the offenses are punishable by less than six months.
Wiretapping is a very serious offense, as a matter of fact, direct participants to the wiretapping and anyone who aids, permits, or causes the violation are, upon conviction, punished by imprisonment of not less than six months or more than six years.
If the offender is a public official at the time of the offense, he shall be penalized with perpetual absolute disqualification from public office.
Riza Hontiveros has parliamentary immunity only if her offense is punishable by less than six months. The penalty for wiretapping is imprisonment of not less than six months or more than six years.
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