(People's Tonight, Lyn Lirio) Justice Secretary Raul Gonzalez says cellphone owners who use the ringtone, which started circulating among mobile phone owners yesterday, could be slapped with charges of violating the anti-wiretapping law.

THE public was warned yesterday by the Department of Justice to refrain from using the "Hello Garci" ringtone on their cellphones or face criminal charges in court.
Justice Secretary Raul Gonzalez said cellphone owners who use the ringtone, which started circulating among mobile phone owners yesterday, could be slapped with charges of violating the anti-wiretapping law.

The ringtone, inspired by the alleged conversation between President Gloria Macapagal-Arroyo and Commission on Elections Commissioner Virgilio Garcillano, is the latest craze among cellphone owners.

In the conversation, the President and an unidentified man allegedly discussed rigging the presidential election last year.

The ringtone features the now famous and controversial greeting, allegedly that of President Arroyo's voice, accompanied by the "In the Club" rap music interpreted by the "50 Cents" hardcore rap band.

However, Gonzalez admitted that authorities could not control millions of cellphone subscribers from using the ringtone, much more monitor its use.

But he said charges will be filed against those caught using and spreading the ringtone.

Gonzalez also warned telecommunications companies who plan to make money out of the controversial conversation as they will also be criminally liable if they provide the ringtone to subscribers.

Last Friday, the former deputy director for intelligence of the National Bureau of Investigation (NBI) surfaced to claim he was the source of the controversial taped conversation between President Arroyo and Garcillano.

Lawyer Samuel Ong said he was the custodian of four "master" tapes containing the alleged details of the discussion between Mrs. Arroyo and Garcillano on how to rig the results of the presidential election last May 10, 2004.

The tapes, Ong claimed, has been under his custody since March this year after it was turned over to him by elements of the Intelligence Service of the Armed Forces of the Philippines who were tasked by their superiors to monitor the telephone conversations of Garcillano, allegedly on order of their superiors.

Last week, Press Secretary Ignacio Bunye released two versions of the recorded talk between Mrs. Arroyo and a man named "Gary" talking over their cellphones between May and June 2004 regarding various election-related matters at the height of the canvassing of votes for the presidential race.

Bunye claimed it was part of a "destabilization" plot by the opposition to oust Mrs. Arroyo from power.

Rumors of an impending coup against Arroyo intensified last week when audio recordings came to light allegedly showing presidential corruption in the 2004 elections.

President Arroyo has said the recordings were doctored to wrongly suggest she had rigged last year's polls.

The mystery tape recordings and statements by Arroyo's own spokesman fueled accusations she engaged in vote rigging in last year's elections.

Yesterday, the government filed sedition charges against Ong.

In a complaint signed by NBI Director Reynaldo Wycoco, the Department of Justice said Ong's act on June 10 during a press conference in Makati City violated anti-sedition laws.

The complaint cited television and newspaper reports saying that Ong openly lambasted and disrespected the President by saying that she is "an illegitimate president" and by declaring that "President Arroyo is the root of all problems."

The NBI also presented evidence culled from media reports quoting Ong as saying "GMA, I beg you to resign because you are the root of all problems, the grave poverty, the corruption," "The people know that you are not the President" and "Ito ang magpapatunay na si FPJ (the late presidential candidate Fernando Poe Jr.) ang nanalo."

The complaint noted that Ong called for civil disobedience and asked the Church and the public to support and rally behind him for the President to be ousted from office.

"One's acts fall under the dangerous tendency rule and not the clear and present danger rule that is generally adopted in the Philippines regarding sedition cases," the complaint stated.

Ong's words, according to the complaint, was intended to create the danger of an uprising.

"His emphasis on that the President committed electoral fraud and that her opponent was in fact the rightful winner of the presidential election served no purpose but to enlist anger and outrage of those who frantically supported the opponent, with the capacity to stage rallies that could stir up the people to destroy peace, safety and order," the complaint noted.