asa naman ka SNMP??Originally Posted by tolstoi
first of all the possession of the wiretap tape conversations in the hands of Sammy ONG is definitely ILLEGAL..see here:Originally Posted by s.n.m.p.
What is your basis why you will say its not admissible in court? Can you cite a law? Be specific. Or imo ra ning nadunggan sa barberohan.Originally Posted by tolstoi
trashed or not..still the Garci tape is not admissible in court..the impeachment proceeding has nowhere to go unless the real GARCI himself will testify in court..you know why it was trash right? was it because there was no enough grounds or was it because of technicality? just answer me if it was because of lack of evidence or mere technicality.
THE DISCRETION WHETHER TO ADMIT OR NOT AN EVIDENCE LIES WITHIN THE SOUND DISCRETION OF THE COURT!
GMA knows this so she moved heaven and earth by using peoples money to bribe the crocodile Congressment to outnumber the voting.
http://www.privacyinternational.org/...hilippines.htmThe Act to Prohibit and Penalize Wire Tapping and Other Related Violations of the Privacy of Communication and for Other Purposes[2084] contains a notwithstanding clause that supersedes all inconsistent statutes.[2085] Section 1 states that all parties to a communication must give permission for a recorded wiretap or intercept and makes it illegal to knowingly possess any recording made in prohibition of this law, unless it is evidence for a trial, civil or criminal.[2086] Section 2 assesses liability for any person who contributes to the actions described in § 1.[2087] Section 3 provides certain exceptions to the conditions found in §§ 1-2 but adopts stringent criteria for wiretap warrants, including the identity of the wiretap target; who may execute the warrant; reasonable grounds that a crime has been, is or will be committed; and, a reasonable belief that the evidence obtained via the wiretap will aid in a conviction or prevention of a crime.[2088] Further, predicate offences - or offences for which a court may authorize a wiretap - are limited to several particularly onerous severity.[2089] Section 4 states that any communication obtained in violation of this Act shall not be admissible as evidence in any court.
that is why SAMMY ONG was acting like an old school queer when he presented the tapes to the media with a bishop on his side..they could not present a permission/warrant from the court allowing them to wiretap GMA and other politicians [including ESTRADA] thus he was culpable of section 4 above...thaw was only for a show to incite the people to revolt..pero wala epik.
i'm not practicing law bai pero bisan grade 3 pa ang mo represent ni GMA sa impeachment court nya kamao lang mubasa for sure the complaint wouldl be quashed bisan sa priliminary hearing pa lang daan!![]()