Comelec junks raps vs Kris, Abunda, ABS-CBN execs

MANILA, Philippines -  The Commission on Elections (Comelec) has junked for lack of merit the election offenses filed against television hosts Kris Aquino and Eugenio “Boy” Abunda Jr. and officials of ABS-CBN Broadcasting Corp. in connection with the 2010 presidential polls.

Petitioner Elpidio Valino charged that Aquino, Abunda and ABS-CBN executives Eugenio Lopez, Maria Rosario “Charo” Santos-Concio and Ramon Osorio unduly favored the candidacy of Kris’ brother Pres. Aquino in 2010.

Valino claimed that the respondents violated Sections 80 (Election Campaign or partisan political activity outside campaign period) and 261 (Threats, intimidation, terrorism, use of fraudulent device and other forms of coercion) of the Omnibus Election Code, and Section 6.6 (Equal access to media, time and space) of Republic Act 9006 or the Fair Election Act.

In a 20-page resolution, the Comelec upheld the recommendation of the Law Department to dismiss the case after finding “no probable cause” to hold them for trial on such violations.

Valino complained that on Sept. 9, 2009, Kris had expressed support for the presidential bid of her brother by selling her house to raise funds and started campaigning for him on her television shows on ABS-CBN.

He also alleged that Kris and Abunda had conceptualized Pres. Aquino’s music video on Oct. 27, 2009, which was aired three days later.

On Feb. 10, 2010, Kris appeared as a judge in the talent show “Pilipinas Got Talent” and “wittingly used the program as a jumping board for the provincial campaign” of her brother.

On May 5, 2010, Valino said that Kris had committed an election offense when she announced and thanked the Iglesia ni Cristo (INC) on her Twitter account for supporting Pres. Aquino.

The ABS-CBN management, on the other hand, was accused of “favoring the candidacy of Pres. Aquino over other candidates as shown by its ‘frequent and numerous coverage’ of him.”

Valino noted that ABS-CBN also did not ask Kris to take a leave or resign before and during the campaign period to prevent her from using the station.

In a unanimous decision, however, the Comelec ruled that violation of Sec. 80 of the Omnibus Election Code is comprised of two elements – the election campaign and the candidates – which were not present in Valino’s petition.

The resolution showed that Pres. Aquino filed his certificate of candidacy (COC) on Nov. 29, 2009 or after the airing of the music video.

It also cited the decriminalization of premature campaigning in the Supreme Court ruling on the Penera vs Comelec case.

On the issue of Kris’ Twitter messages, the poll body ruled that Valino failed to produce any witness or evidence that Kris’ acts “coerced, unduly influenced, threatened, intimidated or defrauded any person into voting for her brother.”

The Comelec ruled that Valino also failed to prove that Kris and Abunda did not resign or take a leave of absence during the campaign period.

The poll body said that Valino “only made innuendos but failed to provide direct evidence and presented only Internet/online materials without any evidence to support or confirm his story.”