MANILA, Philippines - The scheduled arraignment of former elections chief Benjamin Abalos on 11 counts of electoral sabotage by a Pasay City court did not push through yesterday as the presiding judge decided to resolve first the question over his court's jurisdiction over the case, possibly in tomorrow's hearing.
Judge Eugenio de la Cruz of Pasay City Regional Trial Court Branch 117 said he had to defer the arraignment pending resolution of a motion to dismiss and a petition for bail filed by Abalos' camp.
Abalos' lawyers said the case should have been filed with the Sandiganbayan because the alleged offense was committed when he was chairman of the Commission on Elections (Comelec). The case stemmed from alleged irregularities in the 2007 midterm elections.
"If the motion to dismiss is granted then all other pending motion before the court will be rendered moot and academic but if the motion is denied then the arraignment will proceed," De la Cruz said.
Also pending before De la Cruz's sala is a motion for a show cause order to compel Witness Protection Program (WPP) Director Martin Meñez and Comelec prosecutors to explain why they should not be cited for contempt for disregarding a Jan. 30, 2012 warrant for the arrest of another Comelec official, Abalos' co-accused Lilian Radam.
Radam showed up during yesterday's hearing but Abalos' lawyers said she was merely "presented" and not surrendered to the court.
The camp of Abalos also questioned Radam's being placed under the government's WPP, citing her being an accused in an electoral sabotage case, a non-bailable offense.
During yesterday's hearing, Abalos' lawyer Brigido Dulay also moved that the former elections chief be allowed to undergo checkup or treatment at any medical facility of his choice if and when the need arises.
Dulay said the 77-year-old Abalos experienced severe pains in his stomach and jaw over the weekend. De la Cruz asked Dulay to put his motion in writing. Abalos is under the custody of the Southern Police District.