MANILA, Philippines - Former elections chairman Benjamin Abalos believes the Sandiganbayan, not the Regional Trial Court (RTC), has jurisdiction over electoral sabotage cases involving top government officials.
Former justice secretary Artemio Tuquero, Abalos’ new counsel, told Judge Jesus Mupas of Pasay City RTC branch 112 that they are seeking a reconsideration of his decision dismissing their motion to quash the electoral sabotage case against his client.
“The Sandiganbayan has the sole jurisdiction on cases filed against commissioners of the Comelec (Commission on Elections) and those officials with salary grade of 27,” he said.
Tuquero is leading a new defense team for Abalos after the withdrawal of lawyer Brigido Dulay.
Comelec prosecutors said under the Omnibus Election Code, the RTC has jurisdiction over the case.
They asked the court to suspend Abalos’ bail hearing while the motion for reconsideration is being heard.
Comelec lawyers said Abalos has filed too many motions that were inconsistent with each other.
However, Tuquero said as an accused, Abalos has every right to avail of all legal remedies allowed under the law and the rules of procedure.
The court has given both the prosecution and the defense 10 days within which to submit their motion and comment.
Felda Domingo, RTC branch 112 spokesperson, said the motion for reconsideration is expected to be resolved within 15 days.