Comelec's Sarmiento asks Ombudsman to junk complaint against him

MANILA, Philippines - Commission on Elections (Comelec) Commissioner Rene Sarmiento has asked the Office of the Ombudsman to dismiss the criminal and administrative complaint against him for alleged poll-related anomalies in the last elections.

In a letter to Ombudsman Merceditas Gutierrez, Sarminento said the anti-graft agency has no jurisdiction over him because he is a member of a constitutional commission.

“Undersigned humbly submits that these cases/complaints should be dismissed on the ground that they were filed in his capacity as a Commissioner of the Commission on Elections,” read the letter.

“Violation of laws cited in the cases/complaints carry with them the penalties of removal from office, imprisonment and fines.

“An impeachable officer who is a member of the Bar cannot be disbarred without first being impeached.

“It is for these reasons that the undersigned respectfully requests this Honorable Office to dismiss the cases/complaints filed against him and the issuance of a certification stating the dismissal of the above-stated complaints.” Sarmiento fears the cases could affect his nomination as an Associate Justice of the Supreme Court.

Last month,the Philippine Computer Society filed a complaint against Sarmiento and other Comelec officials for alleged involvement in the anomalous procurement of computers for the May 2010 elections.

Sarmiento made it to the shortlist of the Judicial and Bar Council for the position of SC Associate Justice.

Sources at the Office of the Ombudsman told The STAR they cannot investigate Constitutional officials for the purpose of filing charges.

The anti-graft agency can only initiate probes against members of Constitutional commissions if the investigation would be for purposes of impeachment, sources added.