Former Maguindanao election supervisor Lintang Bedol evaded the witness stand once again after questioning the legality of the Commission on Elections’ (Comelec’s) authority to cite him in contempt.
Through his lawyer Andrei Bon Tagum, the controversial poll official said the Comelec has no authority to cite him in contempt because the poll body is discharging an administrative function, unlike a quasi-judicial body.
Tagum argued the Comelec has no authority over Bedol since his client also has “questions about the impartiality” of the poll body in handling the case.
Comelec, however, dismissed Tagum’s argument and ruled it still has jurisdiction over Bedol and cited him for contempt.
Bedol repeatedly ignored the Comelec summons for him to appear before the poll body to explain why he was not able to present the provincial certificates of canvass (COCs) for the national elective positions in Maguindanao following the May 14 elections.
Bedol only claimed the COCs were stolen from him, forcing the Comelec to form a special task force to retrieve copies of the COCs from each of the 22 municipalities of Maguindanao in order to resume the canvassing for the national positions.
During yesterday’s hearing on the contempt case against Bedol, Tagum claimed the Comelec was “railroading” his client into “submitting to the jurisdiction” of the poll body, earning the ire of the poll officials.
Comelec Commissioner and Task Force Maguindanao head Nicodemo Ferrer repeatedly attempted to get Bedol to the witness stand only to be frustrated by the legal tactics employed by Tagum.
“We should proceed with the hearing of this case. The order is a show cause order, he (Bedol) is directed to show cause why he should not be held in contempt of this Commission. It’s as simple as that,” Ferrer said.
Commissioner Rene Sarmiento, for his part, said Bedol had already submitted himself to Comelec jurisdiction after he entered a plea of not guilty during a hearing last July 3.
“It’s too late in the day to question the jurisdiction of the commission,” he told Tagum.
Sarmiento pushed for the cancellation of Bedol’s “provisional liberty,” citing Tagum’s failure to submit an affidavit, among other requirements.
But his proposal was not taken up by the other commissioners.
Ferrer had even threatened to cite Tagum in direct contempt for his refusal to allow Bedol to be questioned by the Comelec.
But after an hour-long hearing, Bedol seemed to prevail as the Comelec had set the promulgation of the case on Aug. 7 without him being grilled. Tagum was just asked to submit their memoranda.
Ferrer later told reporters that Comelec is no longer interested in conducting another hearing.
Comelec will, instead, settle for a written explanation from Bedol as the basis in determining his guilt or innocence.
“We were expecting him (Bedol) to take the witness stand but… his lawyer refused,” he added.
Lawyers of the Genuine Opposition (GO), who observed yesterday’s proceedings, expressed disappointment over the development.
“They should have insisted on questioning him – to see if he would answer or he will invoke his rights against self-incrimination. We have no part in this case because this is contempt but we are observing the proceedings,” GO lawyer Leila de Lima said.
De Lima, counsel of GO senatorial bet Aquilino “Koko” Pimentel III, said Bedol had employed “dilatory tactics” in the effort to wiggle out from the case.
De Lima added Task Force Maguindanao should play an active role in investigating Bedol and the cheating in the province during the May 14 polls.