MANILA, Philippines - Government prosecutors declined yesterday to comment on a motion filed by lawyer Yogi Martirizar to be discharged as co-accused of former Commission on Elections (Comelec) chairman Benjamin Abalos so that she can testify in the latter’s bail hearing on two counts of electoral sabotage pending before the Pasay City court.
Prosecutor Juana Maria Valesa told Judge Jesus Mupas of Regional Trial Court Branch 12 that they are still awaiting the resolution of the Comelec on whether Abalos’ co-accused will be made state witness.
The poll body, in an earlier resolution, has already ruled out the presentation of lawyer Lilian Radam as state witness.
Department of Justice prosecutors who are assisting the Comelec also said they have no instruction to file a motion to discharge Martirizar.
Martirizar was supposed to be presented during the bail hearing yesterday but lawyers of Abalos told the Court that since she has not been discharged as witness, she cannot be presented because she will be implicating herself.
This prompted her lawyer Nena Santos to file a motion to discharge Martirizar and be used as state witness since she was already taken into the government witness protection program.
However, Abraham Espejo, legal counsel of Abalos, opposed the motion and argued that the prosecution, not the accused, must file the motion.
He said making an accused a state witness is not automatic and it is only the court that can decide on whether to discharge or prosecute a respondent in a case.
Abalos, who was allowed to argue his case, pleaded to the court for the speedy resolution of his bail petition, which has been pending since December.
He said the Comelec and main complainant Sen. Aquilino Pimentel III have already made public their opposition to the dropping of charges against Martirizar and Radam, who both admitted to their participation in the 2007 midterm election poll fraud.
The court has set another hearing on April 30 and if the prosecution still cannot present Martirizar, the case will be deemed submitted for resolution.