Comelec files poll sabotage raps vs Abalos

MANILA, Philippines - The Commission on Elections (Comelec) yesterday filed an electoral sabotage case against former poll chief Benjamin Abalos for the alleged manipulation of election results in South and North Cotabato in 2007.

The Comelec team led by lawyer Charlie Yap filed the charges against Abalos, former South Cotabato provincial election supervisor Lilian Suan-Radam, former North Cotabato provincial election supervisor Yogie Martirizar, and former Intelligence Service of the Armed Forces of the Philippines (ISAFP) officer Capt. Peter Reyes.

Voting 6-0, the Comelec decided to file the charges against Abalos but rejected the recommendation of the joint panel of the Comelec and Department of Justice (DOJ) to exonerate Radam and Martirizar.

The joint Comelec-DOJ panel earlier recommended the filing of the electoral sabotage case against former President and now Pampanga Rep. Gloria Macapagal-Arroyo and Abalos.

The case against Abalos was raffled off to Pasay City Regional Trial Court (RTC) Branch 112 Jesus Mupas, the same Judge that ordered the arrest and detention of Arroyo on Nov. 18 on the same charges.

Abalos, for his part, took the initiative to “surrender” by appearing before the sala of Pasay RTC Judge Branch 114 Judge Edwin Ramizo, just hours before the case was filed against him.

Abalos declared he is ready to face the charges.

“I have no plans of running away. Rest assured (I am a) man of law. I will abide by the law,” Abalos said in a radio interview.

Abalos claimed he had been “in torture” for the last two weeks because of the uncertainty of the case against him. He likened his situation to a boxer who is “punch drunk.”

“Handa tayo riyan (I’m ready for that),” he said of the charges against him. “I will wait for my arrest.”

Abalos also said it is better that the case against him be resolved soonest.

“I was the one who said let’s finish this. If I am innocent let’s end it. The torture is too much... very agonizing,” he said in Filipino.

The former elections chief was accompanied by his wife and son, Mandaluyong Mayor Benhur Abalos.

Mayor Abalos said he is expecting that his father can still post bail once the case is filed in court.

A court officer, however, explained that even if the case is filed, a warrant of arrest cannot be issued because the case will still have to be raffled and the judge has to determine if there is probable cause to issue the warrant.

Justice Secretary Leila de Lima, on the other hand, said there would be no special treatment of Abalos once the case is filed.

“There will be no special treatment, but fair treatment is assured… that is what the government wants. Everything now is up to the court because there is already a case,” De Lima said.

The Comelec earlier filed similar charges against Arroyo last Nov. 18.

Abalos was among those recommended by the Comelec to face the charges, along with former Maguindanao election supervisor Lintang Bedol, and former Maguindanao governor Andal Ampatuan Sr.

Why the delay

Comelec spokesman James Jimenez said the filing of charges against Abalos has been delayed because the poll body still has to iron out some “procedural issues.”

“There are some procedural issues that need to be straightened out, particularly on the impact of the existing case that we filed against Radam. The two cases are connected,” he said.

Jimenez was referring to the earlier cases filed against Radam and Martirizar.

The former election officers had gone into hiding for four years until last September when they surfaced to testify on the cheating in 2007.

But while they were in hiding, the Comelec was able to file electoral sabotage case against Radam before the Pasay City RTC while the case against Martirizar is still pending with the poll body.

The other day, Sen. Aquilino Pimentel III asked the Comelec to immediately file the case against Abalos.

Pimentel charged the poll body had acted swiftly on the case against Arroyo but was delaying the case against Abalos.

Jimenez has assured Pimentel that Abalos is not yet off the hook since Comelec still has to iron out some procedures in the filing of the case against the former poll chief.

According to Jimenez, the poll body is studying how to deal with the fact that the case against Abalos is connected to the cases against Radam and Martirizar who are being eyed as witnesses of the joint panel of the Comelec and DOJ.

“We are studying how we are going to file the case properly. Our concern is that if we don’t do it the right way, the case may be dropped based on technicality. We don’t want that to happen,” he said.

De Lima also said the late filing of electoral sabotage charges against Abalos only showed the Comelec is asserting its independence.

The military, for its part, declared full cooperation to present any personnel who may be indicted on electoral sabotage charges.

“We declare our full cooperation and will present them (the military personnel involved)

in court if needed,” Armed Forces of the Philippines (AFP) spokesman Col. Arnulfo Burgos Jr. said.

Burgos said they are now waiting for the formal communication from concerned authorities to present the soldiers or the officers involved in the case.

Lawmakers also supported the filing of charges against Abalos.

“This is just a matter that would have to be brought to court so as to explain before the people what really happened and who are really behind the cheating… there must be a closure to this and we are not passing judgment on chairman Abalos but he must undergo trial, that is the process,” Sen. Franklin Drilon said.

Pimentel, for his part, said the filing of charges has long been overdue. He said there are three witnesses that have provided detailed affidavits regarding Abalos’ role in the fraud.

“I really thought that Arroyo and Abalos would be charged at the same time. It’s a good thing the Comelec filed the case against Abalos, (which is) actually unfair to former president GMA (Arroyo)… Arroyo has only one witness against while Abalos has three witnesses against him, why the delay?” he asked.

Senate President Juan Ponce Enrile said the electoral sabotage charges – although non-bailable under the law—would not mean that any respondent will not be allowed by court to post bail.

“The provision of the right to bail in capital offenses, what we call offenses that carry a capital penalty, like life imprisonment or death… is open to question if it is not strong,” he explained.

Enrile reminded prosecutors that the burden of proof is on them “to establish a strong case.”

‘Conspiracy theory’

Comelec Chairman Sixto Brillantes said the poll commissioners collectively agreed to file the charges against Abalos.

“Except for Commissioner Lagman, everybody agreed that we will already file the case against chairman Abalos… we have this conspiracy theory,” Brillantes said, referring to Commissioner Augusto Lagman who was not able to vote since he is in the United States.

Brillantes explained the Comelec would be including Abalos in the electoral sabotage case that was filed against Arroyo, as earlier recommended by the joint Comelec-DOJ panel.

“Against Abalos, there are three testimonies that we referred to. Those of Radam, Martirizar and Lintang Bedol,” he added.

The Comelec, however, has not decided on the fate of retired commissioner Nicodemo Ferrer and 23 others. The poll body found that the recommendation of the joint panel concerning them needs “further investigation.”

The court, on the other hand, denied the motion of Abalos offering himself as a witness in the case against Radam.

Pasay City RTC Branch 114 clerk of court Roger Esmani said the manifestation of Abalos was dismissed, citing the prosecution has the sole prerogative to make any person state witness.

Abalos offered himself as a state witness against Radam, saying he is a material witness because he has personal knowledge of the irregularities committed during his incumbency as chairman of the Comelec.

Abalos, in his manifestation, said that it was during his time as Comelec chairman that the poll body removed Radam as provincial election supervisor of South Cotabato.

Abalos earlier filed a motion for reconsideration with the Comelec questioning the credibility of Radam and Martirizar, but Brillantes claimed that the poll body had already ruled to deny his motion.

Abalos became Comelec chairman in June 2002 until he was forced to resign in October 2007 following his involvement in the national broadband network project controversy.

The Pasay court has set the arraignment of Radam on Jan. 20 next year. – With Non Alquitran, Sandy Araneta, Christina Mendez, Jaime Laude