RTC asks Comelec to comment on motion of Garcia vs. warrant

The Regional Trial Court has given the Commission on Elections five days to comment on the motion of former mayor Alvin Garcia asking to withhold the issuance of a warrant of arrest against him.

Garcia had earlier moved for a reconsideration of the Comelec's resolution indicting him for violation of Republic Act 9006, or the Fair Elections Act, and he requested that the issuance of the arrest warrant be withheld until this is resolved.

RTC judge Estella Alma Singco yesterday was supposed to hear the motion filed by Garcia's lawyer but the Comelec, represented by provincial supervisor Edwin Cadungog, asked that they be given time to comment on the motion.

Singco also gave Garcia, through his lawyer Lelany Reso-or, five days to reply to the Comelec's comment, once submitted.

Both the prosecution and the defense later agreed to submit the matter for decision of the judge after each of them submitted their respective comments and counter-comments.

Garcia had earlier posted P12,000 bail, and vice executive judge Meinrado Paredes subsequently issued a release order.

Paredes however withdrew the release order when he found out that there was no arrest warrant issued yet against Garcia.

The Comelec indicted Garcia for violation of the provisions of RA 9006, alleging that he spent more than what was allowed by law in political advertisements in the newspaper.

Garcia, who ran and lost to Mayor Tomas Osmeña in the May 10, 2004 national and local elections, allegedly violated Section 6 of Republic Act 9006 allowing but limiting a candidate to have three political advertisements for each newspaper every week.

Records at the Comelec-Manila law department showed that Garcia had 15 political ads in the newspaper, owned by Garcia's family, from April 26 to May 2 that year to promote his mayoralty bid. - Fred P. Languido