MANILA, Philippines - Former Commission on Elections chairman Benjamin Abalos has filed a petition before the Court of Appeals, asking the CA to reinstate a state witness as his co-accused in two counts of electoral sabotage charges against him.
In his petition, Abalos said the Department of Justice (DOJ) committed grave abuse of discretion when it moved to discharge lawyer Yogie Martirizar, former North Cotabato poll officer, as an accused without authorization from the Comelec.
“As the lead prosecutor, it is the Comelec, not the DOJ, that decides on matters relating to the case. This power includes the determination of whom to prosecute and whom to discharge,†he said.
Abalos said the Comelec has earlier disregarded a recommendation of the DOJ-Comelec preliminary investigation committee to dismiss the charges against Martirizar.
He said it was due to the Nov. 18, 2011 Comelec full-court resolution that the two counts of electoral sabotage were filed against Martirizar and a certain Capt. Peter Reyes of the Intelligence Service of the Armed Forces of the Philippines.
Abalos said that in the charges filed in court, Martirizar appeared to be the most guilty, which would disqualify her as a state witness.
According to the charges, Martirizar – upon Abalos’ orders – increased the votes of then Team Unity senatorial candidate Miguel Zubiri to ensure that he got the 12th Senate seat in the 2007 midterm elections.
Abalos said that Martirizar, who testified during his bail hearing, denied any involvement in the alleged cheating.
In his petition, he also asked the CA to prohibit Pasay Regional Trial Court Branch 112 Judge Jesus Mupas from further allowing the testimony of Martirizar against him without the Comelec’s conset.
He also urged the appellate court to compel the DOJ to properly implement the government’s policy involving the witness protection program by disqualifying Martirizar as a witness in the case.