Fiscals can take Loot case

The legal counsel of Daanbantayan town mayoralty candidate Augusto Corro maintained that the Office of the Provincial Prosecutor has the power to investigate former Cebu Provincial Police Office chief Sr. Supt. Vicente Loot for alleged violation the Omnibus Elections Code contrary to his claim that the prosecutor’s office has no jurisdiction of the case.

Loot was accused of entering the room where canvassing of votes were held in the Tominjao Elementary School in Daanbantayan before the voting period expired last May 14, in violation of the Omnibus Election Code, something Loot has denied.

Section 232 of the Omnibus Election Code declares it is unlawful for a police officer to be within 50 meters from the canvassing room while the canvassing is going on. 

Loot submitted his counter-affidavit and the supporting affidavits of his witnesses to deny the charges filed by Corro against him.  But Corro claimed that Loot filed late.

Loot claimed that the Office of the Provincial Prosecutor has no jurisdiction over the case, citing Section 265 of the Omnibus Election Code.

But Liza Corro and James Hupp, who represent the mayoralty candidate, said that Loot forgot that the same provision of law states that the Commission on Elections may avail of the assistance of other prosecuting arms of the government in the prosecution of election offenses. — Jose P. Sollano/BRP