MANILA — The National Bureau of Investigation (NBI) Wednesday charged Samuel Ong, former NBI deputy director for intelligence, with inciting to sedition.

As evidence, it submitted video tapes and newspaper clippings on Ong’s statements.

Ong, in a press conference last Friday, said he has the “mother of all tapes” on the recorded conversations between President Gloria Macapagal-Arroyo and “Gary,” who is said to be Commission on Elections (Comelec) Commissioner Virgilio Garcillano.

He said it was given to him by agents of the Intelligence Service of the Armed Forces of the Philippines (ISAFP) who wiretapped the conversations in which Mrs. Arroyo was telling Garcillano to ensure she would win by at least a million votes.

He called on the clergy and on Susan Roces, Fernando Poe Jr.’s widow, to protect him as he said his life was endangered by his revelations. He said it was Poe who won in the May 2004 elections. He said Mrs. Arroyo “cheated” her way to victory and asked her to resign.

The NBI said as a result of Ong’s disclosures, people gathered at the San Carlos Seminary in Makati, where he sought refuge after the press conference. Other groups staged rallies, causing public disturbance, it said.

“The utterances made by the subject (Ong) were obviously designed to create hatred against the present administration and to encourage the people to be in unity to dislodge the President from office,” NBI Director Reynaldo Wycoco said in a six-page complaint.

“All these tend to generate hatred against the President, inciting them to rise publicly and force her to step down. He repeated these seditious statements in media interviews. This now falls under the dangerous tendency rule, which tends to create danger of public uprising,” Wycoco said.

Investigators said Ong showed bad faith because he knew his exposé would somehow be in furtherance of the call more than a month ago of Maj. Gen. (ret.) Fortunato Abat for a change of leadership.

Abat has not been charged despite the pronouncements of Justice Secretary Raul Gonzalez.

Executive Secretary Eduardo Ermita said Ong is just the first and that a group of Department of Justice (DOJ) lawyers are determining who to include in the sedition charge or those who will be slapped with other charges.

“It’s not only Ong. You will know later in the future kung ano ang kakalabasan nung grupong pinag-aaralan iyun,” he said.

Asked if senators who went to the seminary while Ong was there would be included in the charges, Ermita said he would leave the matter to investigators.

But he said the senators could always say they were there as part of their advocacy to look after the interest of the people.

Asked if there is a possibility of a compromise between Ong and government, Ermita said it is unlikely that Ong would change his mind, apologize and realign himself with the administration.

“Ang mahalaga, let the truth come out,” he said.

State Prosecutor Emmanuel Velasco gave Ong 10 days to file his counter-affidavit. He said a subpoena would be served at his last known address at No. 406 Diamond Avenue, Green Heights subdivision in Novaliches, Quezon City.

Ong’s whereabouts remain unknown since he left the seminary Monday night.

Velasco said if Ong fails to submit his counter-affidavit within the period, the case would be deemed submitted for resolution.

He also said while the case in under investigation, Ong could not be arrested.

“Nobody can arrest him unless in their presence he committed any other crime. If there is no probable cause, then we will dismiss the case. But if there is, kahit sino masagasaan, we will file the case,” Velasco said.

He also said T/Sgt. Vidal Doble, whom Ong claimed gave him the master tapes, might be summoned as a respondent witness.

The NBI deferred the filing of charges of wiretapping and illegal assembly, pending results of the Philippine National Police’s investigation on Doble.

Gonzalez yesterday went to the Police Anti-Crime and Emergency Response (Pacer) headquarters in Camp Crame where Doble is staying.

PNP officials kept mum about the visit.

Chief Supt. Leopoldo Bataoil, PNP spokesman, said Pacer and the Criminal Investigation and Detection Group (CIDG) have begun investigations on allegations that Ong kidnapped Doble.

Doble had been staying also at the seminary, until his wife told authorities he was being kept there against his will. He left the seminary Monday afternoon.

“T/Sgt. Doble is now preparing an affidavit detailing his experience in the hands of his alleged abductors,” Bataoil said.

He said the Pacer and the CIDG would also investigate Doble for alleged wiretapping.

At the DOJ, Gonzalez said the wiretapping case to be filed against Ong could wait because the PNP is not done yet with Doble’s testimony.

“We’re still working that out, we’re not discounting wiretapping. I’ll stake my reputation that there’s wiretapping. The issue here is not who is talking, but if the crime was committed,” he said.

He said authorities are still collating evidence and gathering people who will testify against Ong.

“That’s why I checked with Doble. We’re waiting for him to make a formal statement. I just checked the situation and told him to cooperate with the investigators. We did not talk much, but he never admitted to anything about wiretapping, so I just assured him that he will be given protection,” he said.

Actor Rez Cortez, a Poe supporter, said Ong could not be charged with wiretapping because of lack of evidence.

“They (government officials) have no case because there’s no complainant and if that happens, both President Arroyo and Commissioner Garcillano would only verifying the veracity of the tapes,” he said.