Quezon mayor charged for election code violation

Candelaria, Quezon, Philippines – The Commission on Elections issued an en banc resolution showing that Candelaria Mayor Ferdinand Maliwanag faces 39 counts of possible violation of Section 261(a) of the Omnibus Election Code in connection with the complaint filed by former Mayor David Emralino during the 2007 elections.

“Wherefore, premises considered, the Commision en banc, resolved, as it is hereby resolved, that there exists sufficient probable cause to hold respondent Ferdinand Maliwanag for 39 counts of possible violation of Section 261 (a) of the Omnibus Election Code.” The 10-page resolution dated Feb. 12, 2009 against Maliwanag was signed by Comelec Chairman Joe Melo, Commissioners Rene Sarmiento, Nicodemo Ferrer, Leonardo Leonida and Lucenito Tagle.

Forty witnesses declared in their affidavits massive vote buying and several affiants confirmed that it was Maliwanag himself who handed out cash and sample ballots in several instances before the election in 2007. Two described the type of clothing worn by Maliwanag at that time.

“Respondent (Maliwanag) is left with no other defense aside from his unsupported denials and denunciation, and elements in criminal law that denial is a week defense, which even becomes weaker in the face of positive testimony of the witnesses. It merely constitutes self-serving negative defense which can hardly be considered as overcoming a straightforward and credit-worthy eyewitness account” the resolution stated.

The resolution added that “after a judicious consideration of evidence presented and taken together with the arguments of both parties,” we find that, contrary to the foregoing “findings”, there exists a probable cause to charge respondents Ferdinand Maliwanag for violation of Section 261 (a) of the Omnibus Election Code.