The camp of Senator Robinhood Padilla has brushed aside accusations by lawyer Barry Gutierrez that the lawmaker may have violated Republic Act 4200, or the Anti-Wiretapping Law, for exposing an audio recording allegedly involving Palace spokesperson Undersecretary Claire Castro speaking to a paid troll defending the government from scrutiny.

“At this point, the authenticity of the recording, the identities of the persons allegedly involved, and the manner by which the audio was obtained have not been established through any formal investigation. In the absence of verified facts, there is no reasonable basis to conclude that the audio constitutes an ‘intercepted communication’ within the meaning of the Anti-Wiretapping Law,” said Padilla’s chief of staff, Atty. Rudolf Philip Jurado.

In a radio interview on Friday, Atty. Gutierrez, also a DAILY TRIBUNE columnist, said Padilla may face a violation of the Anti-Wiretapping Law if the audio was recorded without the consent of any parties and aired on the Senate floor during the budget deliberations of the Presidential Communications Office earlier this week.

“Wala namang total immunity sa prosecution ang mga senador at kongresista — ang mayroon lang sila ay limited parliamentary immunity,” according to Gutierrez.

However, Jurado insisted that without proof that a private conversation was unlawfully intercepted, allegations of a wiretapping offense are speculative.

“Additionally, senators and congressmen are afforded parliamentary immunity (Privilege of Speech and Debate), which enables them to debate, deliberate, and legislate without fear of retaliation or legal consequences for statements made or actions taken in the course of their official duties,” Jurado said.