ABALOS / NO ARREST WARRANT YET
MANILA, DECEMBER
9, 2011 (STAR)
By Perseus Echeminada and Sheila Crisostomo - (PHOTO - Former
Comelec Chairman Benjamin Abalos speaks to reporters outside a Pasay City court
just hours before the Comelec filed an electoral sabotage case against him.Edd Gumban)
The Commission on Elections (Comelec) yesterday filed an electoral
sabotage case against former poll chief Benjamin Abalos for the alleged
manipulation of election results in South and North Cotabato in 2007.
The Comelec team led by lawyer Charlie Yap filed the charges against Abalos,
former South Cotabato provincial election supervisor Lilian Suan-Radam, former
North Cotabato provincial election supervisor Yogie Martirizar, and former
Intelligence Service of the Armed Forces of the Philippines (ISAFP) officer
Capt. Peter Reyes.
Voting 6-0, the Comelec decided to file the charges against Abalos but
rejected the recommendation of the joint panel of the Comelec and Department of
Justice (DOJ) to exonerate Radam and Martirizar.
The joint Comelec-DOJ panel earlier recommended the filing of the electoral
sabotage case against former President and now Pampanga Rep. Gloria
Macapagal-Arroyo and Abalos.
The case against Abalos was raffled off to Pasay City Regional Trial Court
(RTC) Branch 112 Jesus Mupas, the same Judge that ordered the arrest and
detention of Arroyo on Nov. 18 on the same charges.
Abalos, for his part, took the initiative to "surrender" by appearing before
the sala of Pasay RTC Judge Branch 114 Judge Edwin Ramizo, just hours before the
case was filed against him.
Abalos declared he is ready to face the charges.
"I have no plans of running away. Rest assured (I am a) man of law. I will
abide by the law," Abalos said in a radio interview.
Abalos claimed he had been "in torture" for the last two weeks because of the
uncertainty of the case against him. He likened his situation to a boxer who is
"punch drunk."
"Handa tayo riyan (I'm ready for that)," he said of the charges against him.
"I will wait for my arrest."
Abalos also said it is better that the case against him be resolved soonest.
"I was the one who said let's finish this. If I am innocent let's end it. The
torture is too much... very agonizing," he said in Filipino.
The former elections chief was accompanied by his wife and son, Mandaluyong
Mayor Benhur Abalos.
Mayor Abalos said he is expecting that his father can still post bail once
the case is filed in court.
A court officer, however, explained that even if the case is filed, a warrant
of arrest cannot be issued because the case will still have to be raffled and
the judge has to determine if there is probable cause to issue the warrant.
Justice Secretary Leila de Lima, on the other hand, said there would be no
special treatment of Abalos once the case is filed.
"There will be no special treatment, but fair treatment is assured… that is
what the government wants. Everything now is up to the court because there is
already a case," De Lima said.
The Comelec earlier filed similar charges against Arroyo last Nov. 18.
Abalos was among those recommended by the Comelec to face the charges, along
with former Maguindanao election supervisor Lintang Bedol, and former
Maguindanao governor Andal Ampatuan Sr.
Why the delay
Comelec spokesman James Jimenez said the filing of charges against Abalos has
been delayed because the poll body still has to iron out some "procedural
issues."
"There are some procedural issues that need to be straightened out,
particularly on the impact of the existing case that we filed against Radam. The
two cases are connected," he said.
Jimenez was referring to the earlier cases filed against Radam and
Martirizar.
The former election officers had gone into hiding for four years until last
September when they surfaced to testify on the cheating in 2007.
But while they were in hiding, the Comelec was able to file electoral
sabotage case against Radam before the Pasay City RTC while the case against
Martirizar is still pending with the poll body.
The other day, Sen. Aquilino Pimentel III asked the Comelec to immediately
file the case against Abalos.
Pimentel charged the poll body had acted swiftly on the case against Arroyo
but was delaying the case against Abalos.
Jimenez has assured Pimentel that Abalos is not yet off the hook since
Comelec still has to iron out some procedures in the filing of the case against
the former poll chief.
According to Jimenez, the poll body is studying how to deal with the fact
that the case against Abalos is connected to the cases against Radam and
Martirizar who are being eyed as witnesses of the joint panel of the Comelec and
DOJ.
"We are studying how we are going to file the case properly. Our concern is
that if we don't do it the right way, the case may be dropped based on
technicality. We don't want that to happen," he said.
De Lima also said the late filing of electoral sabotage charges against
Abalos only showed the Comelec is asserting its independence.
The military, for its part, declared full cooperation to present any
personnel who may be indicted on electoral sabotage charges.
"We declare our full cooperation and will present them (the military
personnel involved)
in court if needed," Armed Forces of the Philippines (AFP) spokesman Col.
Arnulfo Burgos Jr. said.
Burgos said they are now waiting for the formal communication from concerned
authorities to present the soldiers or the officers involved in the case.
Lawmakers also supported the filing of charges against Abalos.
"This is just a matter that would have to be brought to court so as to
explain before the people what really happened and who are really behind the
cheating… there must be a closure to this and we are not passing judgment on
chairman Abalos but he must undergo trial, that is the process," Sen. Franklin
Drilon said.
Pimentel, for his part, said the filing of charges has long been overdue. He
said there are three witnesses that have provided detailed affidavits regarding
Abalos' role in the fraud.
"I really thought that Arroyo and Abalos would be charged at the same time.
It's a good thing the Comelec filed the case against Abalos, (which is) actually
unfair to former president GMA (Arroyo)… Arroyo has only one witness against
while Abalos has three witnesses against him, why the delay?" he asked.
Senate President Juan Ponce Enrile said the electoral sabotage charges –
although non-bailable under the law—would not mean that any respondent will not
be allowed by court to post bail.
"The provision of the right to bail in capital offenses, what we call
offenses that carry a capital penalty, like life imprisonment or death… is open
to question if it is not strong," he explained.
Enrile reminded prosecutors that the burden of proof is on them "to establish
a strong case."
'Conspiracy theory'
Comelec Chairman Sixto Brillantes said the poll commissioners collectively
agreed to file the charges against Abalos.
"Except for Commissioner Lagman, everybody agreed that we will already file
the case against chairman Abalos… we have this conspiracy theory," Brillantes
said, referring to Commissioner Augusto Lagman who was not able to vote since he
is in the United States.
Brillantes explained the Comelec would be including Abalos in the electoral
sabotage case that was filed against Arroyo, as earlier recommended by the joint
Comelec-DOJ panel.
"Against Abalos, there are three testimonies that we referred to. Those of
Radam, Martirizar and Lintang Bedol," he added.
The Comelec, however, has not decided on the fate of retired commissioner
Nicodemo Ferrer and 23 others. The poll body found that the recommendation of
the joint panel concerning them needs "further investigation."
The court, on the other hand, denied the motion of Abalos offering himself as
a witness in the case against Radam.
Pasay City RTC Branch 114 clerk of court Roger Esmani said the manifestation
of Abalos was dismissed, citing the prosecution has the sole prerogative to make
any person state witness.
Abalos offered himself as a state witness against Radam, saying he is a
material witness because he has personal knowledge of the irregularities
committed during his incumbency as chairman of the Comelec.
Abalos, in his manifestation, said that it was during his time as Comelec
chairman that the poll body removed Radam as provincial election supervisor of
South Cotabato.
Abalos earlier filed a motion for reconsideration with the Comelec
questioning the credibility of Radam and Martirizar, but Brillantes claimed that
the poll body had already ruled to deny his motion.
Abalos became Comelec chairman in June 2002 until he was forced to resign in
October 2007 following his involvement in the national broadband network project
controversy.
The Pasay court has set the arraignment of Radam on Jan. 20 next year. –
With Non Alquitran, Sandy Araneta, Christina Mendez, Jaime
Laude
Abalos faces more charges, no arrest warrant yet
By Perseus Echeminada (The Philippine Star) Updated December 09, 2011 12:00 AM
MANILA, Philippines - Former elections chief Benjamin Abalos would be facing
more charges of electoral sabotage, Sen. Aquilino Pimentel III said yesterday.
Pimentel said Abalos would be included in the charges against a former
election officer who was also accused of several counts of election sabotage.
"Aside from the two counts of election sabotage which involve election
results in North Cotabato, Abalos will also be indicted in the 12 cases in South
Cotabato," he said.
Pimentel was referring to the charges against former South Cotabato election
supervisor Lilian Radam, accused of 12 counts of electoral sabotage before the
Pasay City Regional Trial Court (RTC) Branch 114.
Pimentel is the principal complainant of the cases filed against Radam.
He alleged that Radam tampered with the election results in South Cotabato on
May 24, 2007 during the national canvassing of votes for senators in the May 14
elections.
Pimentel said he would be hiring a private lawyer to assist the Comelec
prosecutor handling the case.
According to Pimentel, the Comelec legal department is now preparing a draft
to amend the complaint against Radam to include Abalos in the charges.
Pimentel said once the information is amended, Abalos would be facing a total
of 14 counts of electoral sabotage before RTC Branch 114 Judge Edwin Ramizo and
Judge Jesus Mupas of Branch 112.
"Two judges will be handling the cases," he said.
Mupas, on the other hand, issued the arrest warrants against North Cotabato
provincial election supervisor Yogie Martirizar and Capt. Peter Reyes, a former
operative of the Intelligence Service of the Armed Forces of the Philippines
(ISAFP).
The court however deferred the issuance of the warrant on Abalos after his
lawyer, Brigido Dulay, filed a motion for determination of probable cause on the
charges filed against the former elections chief.
Dulay said they have filed an urgent motion for the determination of probable
cause and a manifestation of Mandaluyong City Mayor Benhur Abalos to be
recognized as the custodian of his father.
The Comelec was given until Monday to comment on the motion of Abalos.
Comelec Chairman Sixto Brillantes said they are leaving it up to the court
"under judicial determination" to issue the arrest warrant against Abalos.
"We will not intervene with that anymore since it is up to the discretion of
the court. If the judge does not want to issue (a warrant) immediately, it is
totally up to them. We cannot dictate on them," Brillantes said.
He said it would be difficult for Judge Mupas to read all the documents of
the complaint, particularly the allegations against Abalos, since the Comelec
filed the charges late Wednesday.
Brillantes took note of criticisms that an arrest warrant was not immediately
issued against Abalos while former President and now Pampanga Rep. Gloria
Macapagal-Arroyo was immediately ordered arrested when a similar case was filed
by the poll body last Nov. 18.
Mupas was the judge that issued the warrant of arrest on Arroyo on the
charges of electoral sabotage filed by the Comelec.
"We filed the case at 4:30 p.m. (Wednesday) so how can he (Mupas) issue an
arrest warrant? Nobody would issue a warrant after 5 o'clock. On the other hand,
had he issued one by 4:45 p.m. or 4:50 p.m., critics will say it took the judge
less than 30 minutes to read the case... of course he still has to study the
case," Brillantes pointed out.
Abalos, for his part, expressed confidence that the charges against him would
be dismissed.
"Those evidence cannot even establish probable cause to convict me," Abalos
said in a radio interview.
Abalos claimed the affidavit submitted by Martirizar linking him to alleged
election cheating in North Cotabato in the 2007 midterm elections was prepared
not by her but by another person.
"I'm wondering why she (Martirizar) kept on calling me commissioner in her
affidavit while almost everybody in the Comelec is calling me chairman," he
pointed out.
Abalos claimed he was able to sleep soundly that night, knowing that the
evidence against him is weak.
"They (Comelec) have no strong evidence against me," he reiterated. – With Sheila Crisostomo, Non Alquitran
Chief News Editor: Sol Jose Vanzi
© Copyright, 2011 by PHILIPPINE HEADLINE NEWS ONLINE
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