The caucus was called by Senate President Manuel B. Villar Jr., head of the 15-member opposition-administration coalition in the Upper Chamber, as the positions of the seven-member opposition bloc and the majority bloc have been polarized.

Opposition senators are girding for a showdown with the administration counterparts in the scheduled caucus on whether they should proceed with the public hearing after a voting.

Malacañang’s allies are attempting to put a lid on the revival of the scandal saying it would invoke the controversial Executive Order 464 which prohibits ranking government officials from appearing in congressional hearings without written authority of the President.

The Senate formed itself into a committee of the whole after opposition Sen. Panfilo Lacson delivered a speech on the need to put a closure to the scandal and presented a video clip on the Senate session hall showing his star witness, retired T/Sgt. Vidal Doble Jr.

Doble claimed that in the wiretapped conversation, President Gloria Macapagal Arroyo was talking to former Comelec Commissioner Virgilio Garcillano.

Administration senators such as Richard Gordon and Joker Arroyo said they would not attend the public hearing on Hello, Garci saying that the tape is unlawful.

Both senators said the mere possession or playing of private phone conversations tapped without a court order carries a penalty of perpetual disqualification from public office and a jail term of from six months to six years.

Opposition Sen. Francis Escudero, a member of the ruling coalition, said the right to privacy has to give way to the right of the public to know on matters of public concern.

On Doble’s credibility being doubtful after having sold the master tape to a National Bureau of Investigation (NBI) for P2 million, Escudero said it is the prerogative of each senator to assess the witness’ credibility.

"Ang mahalaga sa amin sa ngayon nalagay sa record, nalagay sa formal na record ang kanyang testimonya para magamit sa hinaharap pa at sa iba pang mga proceedings kaysa sa kunwentuhan at tsismisan lamang ang kanyang testimonya at ang kanyang mga assertions ay sinabi lamang sa pamamagitan ng interview sa media," Escudero said.

Sen. Pilar Juliana "Pia" S. Cayetano, a member of the ruling coalition, said she favors the Senate taking cognizance or revival of the Hello, Garci "but not the contents of the tape."

"We should look into the constitutionality of the whole event; the right to privacy and the responsibility of law enforcement agencies in going after those violating the laws," Cayetano said.

"We could hear the tape to determine that the event occurred. The tape has been played before. It could be played to lay the basis that the wiretapping occurred," she said.