REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
QUEZON CITY

REP. GILBERT C. REMULLA,

REP. ROLEX T. SUPLICO,
REP. JUSTIN SB. CHIPECO,
REP. DARLENE R. ANTONINO - CUSTODIO,
REP. LORETTA ANN P. ROSALES,
REP. TEODORO A.CASIO,
REP. FLORENCIO G. NOEL,
REP. LORENZO R. TAADA III,
REP. ALFONSO V. UMALI, JR.,
REP. MUJIV HATAMAN,
REP. IMEE R. MARCOS,
REP. ROILO S. GOLEZ,
REP. FRANCIS JOSEPH G. ESCUDERO,
REP. RENATO B. MAGTUBO,
REP. ANA THERESIA HONTIVEROS BARAQUEL,
REP. RODOLFO G. PLAZA,
COMPLAINANTS,

-VERSUS- I.S. NO. _________

FOR PERJURY, VIOLATION OF
PASSPORT ACT OF 1996, AND
FALSIFICATION OF PUBLIC
DOCUMENT.
VIRGILIO O. GARCILLANO,
RESPONDENT.

x-----------------------------------------------------------------------------------------x

JOINT COMPLAINT-AFFIDAVIT

Complainants, after having been duly sworn in accordance with law,

hereby depose and state:

1. Complainants are all incumbent members of the House of

Representatives, with personal details as follows:

a. Complainant GILBERT C. REMULLA is of legal age,

Filipino, married and a Representative of the Second
 [2 ]

District of Cavite, who may be served with notice and

other process at Rm. N-316 House of Representative,
Constitutional Hills, Quezon City.

b. Complainant ROLEX T. SUPLICO is of legal age,

Filipino, married and a Representative of the Fifth
District of Iloilo, who may be served with notice and
other process at Rm. N-205, House of Representatives,
Constitutional Hills, Quezon City.

c. Complainant JUSTIN SB. CHIPECO is of legal age,

Filipino, single and is a Representative of Second District
of Laguna, who may be served with notice and other
process at Rm. N-103, House of Representatives,
Constitutional Hills, Quezon City.

d. Complainant DARLENE R. ANTONINO CUSTODIO

is of legal age, Filipino, married and is a Representative
of the First District of South Cotabato, who may be
served with notice and other process at Rm. N-105,
House of Representative, Constitutional Hills, Quezon
City.

e. Complainant LORETTA ANN P. ROSALES is of legal

age, Filipino, married and is a Party List Representative
of AKBAYAN, who may be served with notice and other
process at Rm. S-511, House of Representative,
Constitutional Hills, Quezon City.

f. Complainant TEODORO A. CASIO is of legal age,

Filipino, married and is a Party List Representative of
BAYAN MUNA, who may be served with notice and
other process at Rm. S-616, House of Representative,
Constitutional Hills, Quezon City.

g. Complainant FLORENCIO G. NOEL is of legal age,

Filipino, married and is a Party List Representative of
AN WARAY, who may be served with notice and other
process at Rm. S-216, House of Representatives,
Constitutional Hills, Quezon City.

h. Complainant LORENZO R. TAADA III is of legal

age, Filipino, married and is a Representative of the
Fourth District of Quezon, who may be served with
notice and other process at Rm. N-409, House of
Representatives, Constitutional Hills, Quezon City.

i. Complainant ALFONSO V. UMALI, JR. is of legal age,

Filipino, married and is a Representative of the Second
District of Oriental Mindoro, who may be served with
 [3 ]

notice and other process at Rm. S-606, House of

Representatives, Constitutional Hills, Quezon City.

j. Complainant MUJIV HATAMAN is of legal age,

Filipino, married and is a Party List Representative of
AMIN, who may be served with notice and other process
at Rm. S-408, House of Representatives, Constitutional
Hills, Quezon City.

k. Complainant IMEE R. MARCOS is of legal age,

Filipino, single and is a Representative of the Second
District of Ilocos Norte, who may be served with notice
and other process at Rm. N-311, House of
Representative, Constitutional Hills, Quezon City.

l. Complainant ROILO S. GOLEZ is of legal age,

Filipino, married and is a Representative of the Second
District of Paraaque City, who may be served with
notice and other process at Rm. S-111, House of
Representative, Constitutional Hills, Quezon City.

m. Complainant FRANCIS JOSEPH G. ESCUDERO is of legal

age, Filipino, married and is a Representative of the First
District of Sorsogon, who may be served with notice and other
process at the Office of the Minority Floor Leader, House of
Representative, Constitutional Hills, Quezon City.

n. Complainant RENATO B. MAGTUBO is of legal age,

Filipino, married and is a Party List Representative of
PARTIDO NG MANGGAGAWA, who may be served
with notice and other process at Rm. S-310, House of
Representatives, Constitutional Hills, Quezon City.

o. Complainant ANA THERESIA HONTIVEROS -

BARAQUEL is of legal age, Filipino, widow and is a
Party List Representative of AKBAYAN, who may be
served with notice and other process at Rm. S-611,
House of Representative, Constitutional Hills, Quezon
City.

p. Complainant RODOLFO G. PLAZA is of legal age,

Filipino, married and is a Representative of the Lone
District of Agusan del Sur, who may be served with
notice and other process at Rm. N-403, House of
Representative, Constitutional Hills, Quezon City.

2. Respondent VIRGILIO O. GARCILLANO, is a former

Commissioner of the Commission on Elections who may be served with

 [4 ]

subpoena at Barangay Salimbalan, Baungon, Bukidnon. Respondent may

also be served with subpoena at Barangay Kauswagan, Cagayan de Oro City

and at the Gotesco Towers, 1958 C. M. Recto, Quiapo, Manila.

3. This complaint is being filed to charge the Respondent with two

(2) counts of violation of REPUBLIC ACT NO. 8239, also known as THE

PHILIPPINE PASSPORT ACT OF 1996, particularly the following

provisions:

Sec. 19. Offenses and Penalties. A passport being a

proclamation of the citizenship of a Filipino, is a document that is
superior to all other official documents. As such, it should be
accorded the highest respect by its holder that to do damage to its
integrity and validity is a serious crime that should be penalized
accordingly:
xxx xxx xxx

(c) Offenses Relating to Forgery; Penalties. Any person who:

1. Falsely makes, forges, counterfeits, mutilates or alters

any passport or travel documents or any supporting
document for a passport application, with the intent of
using the same shall be punished by a fine of not less than
Sixty thousand pesos (P60,000) nor more than One hundred
fifty thousand pesos (150,000) and imprisonment of not
less than six (6) years nor more than fifteen (15) years; or

2. Willfully or knowingly uses or attempts to use or

furnishes to another for use any such false, forged,
counterfeited, mutilated or altered passport or travel
document or any passport validly issued which has become
void by the occurrence of any condition therein prescribed
shall be punished by a fine of not less than Sixty thousand
pesos (60,000) nor more than One hundred and fifty
thousand pesos (P150,000) and imprisonment of not less
than six (6) years nor more than fifteen (15) years: xxx
(emphasis ours)

4. This complaint also charges the Respondent with at least twenty

one (21) counts of Perjury as defined under Article 183 of the Revised Penal

Code, to wit:
 [5 ]

Art. 183. False testimony in other cases and perjury in solemn

affirmation. The penalty of arresto mayor in its maximum
period to prision correccional in its minimum period shall be
imposed upon any person, who knowingly makes untruthful
statements and not being included in the provisions of the next
preceding articles, shall testify under oath, or make an affidavit,
upon any material matter before a competent person authorized to
administer an oath in cases in which the law so requires.

5. The facts antecedent to this complaint are as follows.

6. On several occasions during the hearings on the Hello Garci

controversy, the Committee on Public Information, together with the

Committees on Public Order and Safety, on National Defense and Security,

on Information Communications Technology, and on Suffrage and Electoral

Reforms, invited, and later on, subpoenaed, Respondent to appear before

them to testify in the investigation regarding electoral fraud in the election of

2004. The Respondent had been identified as the official of the Commission

on Elections (COMELEC) with whom President Gloria Macapagal Arroyo

had conversations with, allegedly to perpetuate the electoral fraud, and for

which she publicly apologized.

7. Respondent failed to heed the invitations and summonses for

him to appear before Congress. As a result of his stubborn defiance, the Joint

Committees cited him in Contempt and issued a Warrant of Arrest against

him. Despite a massive manhunt, he was never found, leading to reports that

he had fled the country.

8. After several months, Respondent appeared before Congress

ostensibly to clear his name, because according to him, he was unfairly

convicted in the eyes of the public. However, instead of becoming that

beacon that would illuminate an otherwise murky scenario, instead of

 [6 ]

enlightening the proceedings, the Respondent peddled lies wrapped up in

falsehoods in a brazen attempt to mislead and deceive the Joint Committees,

as if mocking the integrity of the House of Representatives.

9. At the said hearing of the House of Representatives,

Complainant Congressman Remulla requested for the production of the

passport of Respondent and after some wrangling, the Respondent was

ordered to submit the same within seven (7) days.

10. Respondent Garcillano, thereafter, submitted to the

Congressional Committees two (2) passports, one of which bore No.

JJ243816. The latter passport bore no entries of departure from the

Philippines or arrival in other countries corresponding to the period of the

congressional investigations. Through this very passport, Respondent tried

to mislead the Joint Committees by creating the impression that he never left

the Philippines at any time during the investigation.

11. Evidence however indicates that Respondent Garcillanos

passport with No. JJ243816 does not conform with the standards set by the

Bangko Sentral ng Pilipinas (BSP). In a Laboratory Examination Report

issued by the Bangko Sentral ng Pilipinas (BSP), whose printing department

manufactures passports and banknotes, it stated that there are discrepancies

in Respondent Garcillanos passport with No. JJ243816. The Report, dated

20 March 2006, was jointly signed by Gloria M. Solomon, BSP Securities

Production Specialist III; Gloria B. Rodriguez, Manager I; Loida E. Uy

Bank Officer II; and Rolando F. Garcia, Deputy Director, respectively.

 [7 ]

12. The examination revealed the following discrepancies:

Size (123mm x 85 mm), smaller than standard, which is 125 mm x 88 mm.

Inside front cover (data page) and inside back cover: paper and print.
Stitching: additional stitch along the seam.
Pages 1 to 32: presence of cuts and joints along the seam which should not
have been there.
Page 32: the text BISA-VISA on the upper portion of the page should not
have been there.
Print quality of the text: Sakaling maaksidente o mamatay and the lines on
Page 32 do not conform to standard.

A copy of the Laboratory Examination Report issued by the Bangko

Sentral ng Pilipinas is attached hereto and made an integral part hereof as
Annex A.

13. The foregoing findings of the Bangko Sentral ng Pilipinas leads

to no other logical conclusion but that the subject passport is counterfeit.

14. The fact that Respondents passport bore no entry regarding his

arrival in other countries is also strongly belied by a Note Verbale issued by

the Ministry of Foreign Affairs of the Republic of Singapore. The Note

Verbale states that Respondent Garcillano did in fact arrive in Singapore on

14 July 2005 on board a Lear Jet 35 with Registration No. RP-C 1216 and

departed the country on 15 July 2005 on board Singapore Airlines Flight SQ

320 bound for London, England.

A copy of the Note Verbale is attached hereto and made an integral

part hereof as Annex B.

15. This Note Verbale was officially sent to Complainant

Congressman Gilbert Remulla in his former capacity as Chairman of the

 [8 ]

Committee on Public Information by no less than Justice Secretary Raul

Gonzalez.

A copy of the Transmittal Letter from the Department of Justice is

attached hereto and made an integral part hereof as Annex C.

16. Considering that Respondent Garcillano is the person who

stood to benefit by the falsification of the documents in question, it is

presumed that he is the material author of the falsifications in line with the

rulings of the Supreme Court. (Sarep vs. Sandiganbayan, 177 SCRA 440;

449). Stated differently, since Respondent Garcillano had in his possession a

falsified document and which he subsequently used, taking advantage of it

and profiting thereby, the clear presumption is that he is the material author

of the falsification.

17. Since Respondent Garcillano is the presumed author of a

counterfeit passport and he actually used the same, the respondent should be

held liable for violating Section 19 (C), Paragraph 1 and 2, quoted above, of

Republic Act 8239 also known as the Philippine Passport Act of 1996.

18. As to the charge of Perjury, the following excerpts of the

transcripts of the Congressional investigations, vis--vis the Note Verbale

from the Singaporean authorities, will clearly show perjury, to wit:

Transcript of Joint Committee Hearing 07 December 2005, p. 46

REP. CAGAS. You have never gone to Singapore? Hong Kong

MR. GARCILLANO. AhI have not gone to Singapore Your

Honor.
 [9 ]

Transcript of Joint Committee Hearing 07 December 2005, pp. 71-72

REP. J.C.C. REMULLA. Mr. Garcillano, you are under oath and
you submitted a sworn statement, which says that you never left
the country. Are we saying here that the government of Singapore
and the Department of Foreign Affairs were wrong in coming up
with the documentation regarding your going to Singapore?

MR. GARLCILLANO. Im sorry, Your Honor, Im not

competent to answer that. If the government of Singapore can
testify that I was really the one who was there, then its okay, Your
Honor. But we have already presented an affidavit for purportedly
supporting my having not left the country.

xxx xxx xxx

REP. J.C.C. REMULLA. So, for the record, you are saying that
you never left the country, you never left Singapore, and you are
willing to suffer the pain of perjury

MR. GARCILLANO. I have already answered that.

xxx xxx xxx

REP. J.C.C. REMULLA. if ever it is found out that you left the
country.

MR. GARCILLANO. I have already answered that, Your Honor.

Transcript of Joint Committee Hearing 07 December 2005, p. 82

REP. G.C. REMULLA. Commissioner, bakit po kayo umalis

papuntang Singapore noong July 14, 2005?

MR. GARCILLANO. I beg your pardon, sir? Actually, I did not

leave the country.

REP. G.C. REMULLA. Ah, hindi ho kayo umalis ng bansa.

MR. GARCILLANO. Hindi ako umalis ng bansa.

REP. G.C REMULLA. Kasi ho may hawak ho akong note

verbale ho ditto na mula sa Singapore na sinasabing isang
Commission on Elections Commissioner VirgilioVirgilio O.
Garcillano, Jr. ay pumunta sa Singapore. Pero mamaya ko na ho
tatanungin ito, tungkol ho dito.

I would like to ask then, kung hindi po kayo sapumunta sa

Singapore, saan ho kayo pumunta ng limang (5) buwan noong nag-
serve ho kami ng mga invitations at subpoena ho sa inyo?

MR. GARCILLANO. Nandito lang ako sa Pilipinas, Your Honor.

And I would say that Ive just been around the Philippines during
those days.
 [10 ]

Transcript of Joint Committee Hearing 13 December 2005, pp. 43-47

REP. MARCOS. Yes, in fact, checks with the DFA indicate that
the only Virgilio O. Garcillano is the Commissioner. May we
require as to the reaction of the witness with the report of the
Secretary of Justice, pending an investigation with the DOA (?)
and the Bureau of Immigrations that three passengers departed on
July 14 on an Lear Jet 35, known to be owned by a certain Ricky
Razon and that disguised as a flight crew, the Honorable
Commissioner was on board that plane? That was the explaination
of the DOJ Secretary Raul Gonzales.

My Question to the witness, what is your comment as to the

Secretarys finding that you were aboard that plane that departed
the Philippines on July 14?
xxx xxx xxx

MR. GARCILLANO. I do not know about that, Your Honor.

xxx xxx xxx

REP. MARCOS. As we were saying, the if I may reiterate, the

Secretary Raul Gonzales has already said that you departed on 14
July finding, in fact, following his internal investigation with the
Bureau of Immigration and the DOJ. May the witness please
comment?
xxx xxx xxx

MR. GARCILLANO. I do not know, Your Honor. I do not know

the report of the Secretary, Your Honor.

REP. MARCOS: It is an official Its official document, Madam

Chair, and if the Committee so decide, I think that it is patent that
the witness is not being entirely truthful. But if I may proceed,
there is also a note verbale dated August 8 where the Singapore
Ministry of Foreign Affairs informed the post and the Department
of Foreign Affairs that Commissioner Virgilio O. Garcillano, Jr.,
entered Singapore on 14 July 2005 and departed the following day.
May we know from the witness what is his comment on these
official communications between two allied governments,
Singapore and the Philippines? Is he to tell us that this is not true
either?

xxx xxx xxx

MR. GARCILLIANO. It is of no moment Your Honor, that it is

government-to-government transaction. But as far as Im
concerned, I am not aware of the existence of the report and I am
not sayI, saying that I am not the one who is referred to in that
report.

xxx xxx xxx

REP. MARCOS. Yes, the report further indicates that 15 July 2005
having transitted in Singapore, Singapore Airlines manifest indicates that
the said witness also boarded SQ320 for London 12:40 departure arriving
in Heathrow at 7:10 of the same day in the evening. Can the Honorable
Garcillano please reply?
 [11 ]

MR. GARCILLANO. II do not know that, Your Honor.

xxx xxx xxx

REP. MARCOS. Yes, thereafter there are indications also, Mr. Garcillano,
that you went to Brazil and, thereafter, to the Republic of Malaysia, to the
Kingdom of Malaysia in KL. Are we saying that all these official
communications from the Department of Justice, our own Bureau of
Immigration, the Republic of Singapore and its Ministry of Foreign
Affairs, our own DFA are all a parcel of lies?

xxx xxx xxx

MR. GARCILLANO. I have no knowledge as far as these information

are concerned, Your Honor.

REP. MARCOS. Mr. Garcillano, you are the only one being refered to,
how can you have no knowledge when it was you who boarded this
aircraft?

xxx xxx xxx

MR. GARCILLANO. Im repeating my answer, Your Honor. I have no

knowledge and I cannot competently answer that question.

Transcript of Joint Committee Hearing 13 December 2005, pp. 47-48

CHAIRPERSON LOCSIN. Madam Chair, may I ask

Commissioner Garcillano? Commissioner Garcillano, the question
that is really being posed to you is may I be the one to pose the
questions? Im not asking you whether you are aware of the
findings of the Department of Justice or of the note verbale of
Singapore. It may well be you are not competent to answer that,
but you are surely competent to answer where you were at any
point in time. The question being asked is did you go to
Singapore? I dont think you can answer, I am not competent to
answer that, unless you were hallucinogenic. You can either say,
No, I was not or whatever; so the question to be asked of you is
did you go to Singapore?

MR. GARCILLANO. Your Honor, it is already in my affidavit

that I did not go to Singapore.

xxx xxx xxx

CHARIPERSON LOCSIN. So what is your answer?

MR. GARCILLANO. My affidavit says that I did not go to

Singapore.

xxx xxx xxx

CHAIRPERSON LOCSIN. You cancould you tells us whether

or not, without referring to your affidavit, could you tell us
whether or not you went to Singapore?

MR. GARCILLANO. I did not go to Singapore, Your Honor.

 [12 ]

xxx xxx xxx

REP. MARCOS. Maybe just to follow up on Chairman Locsins line of

questioning and inquire from our witness, where were you on July 14 and
July 15 of this year?

xxx xxx xxx

MR. GARCILLANO. I had always been in the Philippines, your Honor.

Transcript of Joint Committee Hearing 25 January, 2006, p. 51

REP. GOLEZ. That means you never left the country since 1996?

MR. GARCILLANO. Yes, Your Honor.

Transcript of Joint Committee Hearing 25 January, 2006, p. 66

CHAIRPERSON LOCSIN. I did not ask the question yet. Have you
traveled in the past five (5) years?

MR. GARCILLANO. No, Your Honor.

CHAIRPERSON LOCSIN. Outside the country?

MR. GARCILLANO. None, Your Honor.

Copies of the pertinent pages of the Transcripts of the hearings of the

Joint Committees in Congress are attached hereto and made integral parts
hereof as Annexes D-4 to F-2.

19. Everything considered, Respondent Garcillano made at least

twenty (20) untruthful replies during the congressional hearings.

20. On top of his false and perjurious answers to the questions of

the members of the Joint Committees in Congress, Respondent committed

one (1) more count of Perjury as he also submitted a Sworn Statement

subscribed and sworn to before the members of the House of

 [13 ]

Representatives stating that he did not leave the country, the pertinent

paragraph of which is as follows:

There is no truth, therefore, to the rumors that I left the

country. These rumors were politically motivated and
obviously designed to falsely imply that the
administration was the one who allegedly financed and
facilitated my departure from the country. Again, I would
like to state that I did not leave the country.

21. The above paragraph is a complete and utter lie considering the

Note Verbale issued by the Ministry of Foreign Affairs of Singapore which

categorically stated that the Respondent passed through Singapore on his

way to London.

A copy of Respondent Garcillanos Sworn Statement is attached

hereto and made an integral part hereof as Annex G.

22. There are four (4) elements that comprise the crime of Perjury,

namely:

a. The accused made a statement under oath on a material matter;

b. The statement was made before a competent officer, authorized to

receive and administer oaths;

c. The accused made a willful and deliberate assertion of a falsehood

in the statement and,

d. The sworn statement containing the falsity is required by law or

made for a legal purpose.

23. The statements of Respondent Garcillano in reply to the query

of the Joint Committee members and the statements in his Affidavit (Sworn

Statement) constitute the crime of Perjury when the statements are taken

against the elements of the crime, to wit:

 [14 ]

a. Considering that the investigation focused on whether or not

Respondent Garcillano attempted to evade the summons of the
joint committee by leaving the country, his untruthful statements
under oath that he did not both during the hearings and through his
Sworn Statement constitute material matter;

b. The statements were made before the Joint Committees of the

House of Representatives, which consists of competent officers
authorized to receive and administer oaths, and in the case of the
Sworn Statement it was made before a competent officer
authorized to receive and administer oaths;

c. When taken against the Note Verbale, the Respondent made a

willful and deliberate assertion of a falsehood when he said he was
never in Singapore during the hearings and in his Sworn Statement
and,

d. Respondent Garcillano was required to answer the queries of the

members of the joint committee for lawful purposes and likewise,
the Sworn Statement was required to be submitted to the Joint
Committees.

24. Under the law and as a matter of public policy, there is a

concomitant and commensurate penalty that should be meted out to

witnesses that break their vow of speaking only the truth during proceedings

before the House of Representatives. No one deserves such penalty more

than Respondent Garcillano.

25. All told, there is definitely probable cause to warrant the

prosecution of Respondent VIRGILIO O. GARCILLANO of violation of

Section 19 (C), Paragraph 1 and 2 of the Republic Act 8239 also known as

The Passport Law of 1996 and twenty one (21) counts of the crime of

Perjury under Article 183 of the Revised Penal Code.

AFFIANTS FURTHER SAYETH NAUGHT.

 [15 ]

IN WITNESS WHEREOF, we have hereunto set our hands this 3rd

day of April 2006, in Quezon City.

REP. GILBERT C. REMULLA

Complainant/Affiant

REP. ROLEX T. SUPLICO REP. JUSTIN SB. CHIPECO

Complainant/Affiant Complainant/Affiant

REP. FLORENCIO G. NOEL REP. LORETTA ANN P. ROSALES

Complainant/Affiant Complainant/Affiant

REP. TEODORO A. CASIO REP. DARLENE.ANTONINO CUSTODIO

Complainant/Affiant Complainant/Affiant

REP. LORENZO R. TAADA III REP. ALFONSO V. UMALI

Complainant/Affiant Complainant/Affiant

REP. MUJIV HATAMAN REP. IMEE R. MARCOS

Complainant/Affiant Complainant/Affiant

REP. ROILO S. GOLEZ REP. FRANCIS JOSEPH G. ESCUDERO

Complainant/Affiant Complainant/Affiant

REP. RENATO B. MAGTUBO REP. ANA THERESIA HONTIVEROS-

Complainant/ Affiant BARAQUEL
Complainant/ Affiant

REP. RODOLFO G. PLAZA

Complainant/ Affiant
 [16 ]

SUBSCRIBED AND SWORN TO before me, this 3rd day of April

2006 at Quezon City.

Asst. City Prosecutor

This is to certify that I have personally examined the herein affiants

and that I am satisfied that they voluntarily executed and understood their
statements herein.

Asst. City Prosecutor