Abalos: Comelec has forsaken me

MANILA, Philippines - “You have forsaken me. What is happening to the Comelec?” former Commission on Elections (Comelec) chairman Benjamin Abalos told prosecutors of the poll body at the Pasay City Regional Trial Court (RTC) yesterday.

Abalos’ emotional outburst took place after he confronted Comelec lawyers Esmeralda Ladra and Charlie Yap before his scheduled arraignment on 11 counts of electoral sabotage for alleged cheating in the 2007 midterm elections in South Cotabato at the Pasay RTC.

He told the Comelec lawyers that they knew what happened during his term as Comelec chairman when he ordered the filing of electoral sabotage charges against lawyer Lilian Suan Radam, former chairman of the South Cotabato Board of Canvassers.

“You have surrendered the independence of the Comelec to the DOJ (Department of Justice),” he said.

The emotional outburst of Abalos was aggravated after the hearing when the Comelec asked for 10 days to answer the motion to dismiss the case filed by his lawyers.

“It took you two days to find probable cause against me for a non-bailable offense, now you are asking 10 days to answer a simple question of the court’s jurisdiction. My life is on the line,” he said.

Ladra and Yap just ignored Abalos and later told reporters that there is nothing personal in the filing of the charges against the former Comelec chairman.

“We just want to ensure that justice is served,” Ladra said.

Court defers arraignment

Judge Eugenio de la Cruz of RTC branch 117 deferred the arraignment after Abalos’ lawyers filed a motion to quash the charges.

The court gave the Comelec prosecution panel, led by Law Department head Ladra, 10 days to answer the motion and the arraignment was reset to March 7.

In a 14-page motion to quash, Abalos said the court has no jurisdiction over the case because it was allegedly committed when he was still the chairman of the Comelec.

He said the Sandiganbayan has jurisdiction over the case and not the RTC.

Abalos cited provisions of the law creating the Sandiganbayan, which provides that the anti-graft court has exclusive and original jurisdiction over other offense or felonies, whether simple or complex, committed in relation to their office by public officials and employees.

The Comelec has filed 11 counts of electoral sabotage against Abalos and former poll official Radam for alleged tampering of election returns during the canvassing of votes at the Philippine International Convention Center (PICC) in Pasay City.

The RTC had issued an arrest warrant for Radam while a commitment order was issued to Abalos, who is currently detained at the Southern Police District.

Radam is now under the protective custody of the DOJ after she surrendered last year.

The case is separate from a two-count electoral sabotage charge filed against Abalos at the sala of Judge Jesus Mupas of Pasay RTC branch 112.

Abalos argued that since he was holding the position of chairman of the Comelec when the alleged crimes were committed, the charges should have been filed at the Sandiganbayan.