Comelec, DOJ to discuss fate of electoral sabotage witness

MANILA, Philippines - Commission on Elections (Comelec) Chairman Sixto Brillantes and Justice Secretary Leila de Lima will meet today to discuss the fate of the two co-accused of former poll chief Benjamin Abalos in electoral sabotage cases at the Pasay City court.

Brillantes said they will discuss the proposal of the Department of Justice (DOJ) to turn former provincial election supervisors Lilia Suan Radam of South Cotabato and Yogie Martirizar of North Cotabato into state witnesses.

“I have to talk to our prosecutors assigned to the case. I will be meeting with Secretary De Lima and then whatever we agreed upon, that’s what we will do,” Brillantes said.

Abalos is facing two electoral sabotage cases for allegedly rigging the 2007 polls in South and North Cotabato. His co-accused in the cases are Radam and Martirizar, who both went into hiding for four years after the national canvassing in 2007.

When Radam and Martirizar came out in November last year, they tagged Abalos behind the cheating operations. They claimed to have just been forced into the scheme.

The DOJ had agreed to take them as state witnesses and recommended to the Comelec that they be excluded from the cases but the poll body rejected the move.

Brillantes admitted the testimonies of Radam and Martirizar are vital to the cases but he believes they are not the “least guilty.”

“Sila ang nagtuturo. (they will identify them) Without them? I don’t know. Many others (can testify) but of course their statements are the strongest. But the problem is that it is also them who committed (the violations),” he added.

Brillantes, however, clarified the court would still determine whether the case against Radam and Martirizar can be withdrawn and if they can qualify as state witnesses.

“That would depend on the court... we still have to talk about this and I think we will have a very long discussion on this,” he said.

Preempting the Comelec

On the other hand, Brigido Dulay, the defense lawyer of Abalos, withdrew his appearance as counsel.

Dulay also criticized De Lima for confirming moves to clear Radam and Martirizar and turn them into state witnesses.

“I feel there is pressure being exerted by the DOJ on Comelec to discharge the witnesses. It seems that Secretary De Lima is preempting the action of the Comelec, which should be the lead agency. Chairman Brillantes said there’s no such plan so how can she say that?” Dulay asked.

Dulay formally withdrew as counsel of Abalos in the case last Wednesday. He filed a manifestation of withdrawal before Pasay Regional Trial Court Branch 112 Judge Jesus Mupas.

Dulay said his decision was meant “to spare my client (Abalos) from possible repercussions that may arise due to the animosity which the presiding judge may have against me as a result of the reversal of his contempt verdict by the Court of Appeals.”

Judge Mupas cited Dulay and Abalos in contempt after the two alleged in a motion for inhibition that certain individuals claiming to be emissaries of the judge tried to extort P100 million from them.

The Court of Appeals last month overturned the contempt order against Dulay and Abalos.

Abalos is facing two separate cases of electoral sabotage, along with Radam, Martirizar, and former Intelligence Service of the Armed Forces of the Philippines (ISAFP) officer Capt. Peter Reyes. – With Edu Punay, Perseus Echeminada