MANILA, Philippines - The Commission on Elections (Comelec) would present 42 witnesses to prove the electoral sabotage charges filed against Pampanga Rep. Gloria Macapagal-Arroyo and her co-accused former Maguindanao Gov. Andal Ampatuan Sr. and former provincial election officer Lintang Bedol in connection with the alleged cheating during the 2007 midterm elections in Maguindanao.
Comelec prosecutor Maria Juana Valesa told Judge Jesus Mupas of the Pasay City Regional Trial Court (RTC) during yesterday’s hearing on the petition for bail filed by Arroyo and Bedol that the presentation of witnesses would dispute the claim that there is no strong evidence of guilt.
She said they are willing to present at least 12 witnesses for the bail hearings and 30 others during the trial.
Valesa said that they would not yet identity the 12 initial witnesses for security reasons.
She also asked the court to require the presence of the former president during the bail hearings on March 26 and 29.
Defense lawyer Benjamin Santos, however, opposed the motion, saying Arroyo would invoke her constitutional right to waive her presence during the hearings on the petition for bail.
He said the appearance of Arroyo would create security problems similar to what happened during the arraignment last month wherein the former president pleaded not guilty to the electoral sabotage charge.
The former president is currently detained at the Veterans Memorial Medical Center (VMMC) in Quezon City where she is undergoing treatment for her spinal ailment and other diseases.
Comelec lawyers have opposed the motion of Arroyo and Bedol to post bail owing to the strong evidence and the witnesses that would prove the conspiracy to commit poll fraud among the accused.
Defense lawyers argued that under the Constitution, every accused has the right to bail and the former president is invoking this right.
Santos said every accused, even those facing capital offense that is punishable with life imprisonment, have the right to post bail if there is no strong evidence of guilt.
He said the right to bail for every accused is enshrined in the 1987 Constitution, particularly in the bill of rights, which is implemented in the rules of criminal procedure. This includes the right to temporary liberty of an accused if there is no strong evidence of guilt.
Santos said there is no strong evidence that would link Arroyo to the alleged tampering of votes during the May 2007 midterm elections in Maguindanao.