Ex-poll chief faces election sabotage raps

MANILA (Updated) — The Commission on Elections (Comelec) filed Wednesday an electoral sabotage case against its former chairman Benjamin Abalos over his alleged involvement in the rigging of the 2007 senatorial election results.
Before the case was filed, Abalos went to the Pasay Regional Trial Court (RTC) Wednesday, together with his wife, Cora, and son, Mandaluyong City Mayor Benhur Abalos, to prove that he will not run away.
Abalos has since denied the allegations, saying he vowed to face the charges head on.
The case was raffled off to the sala of Judge Jesus Mupas of Pasay City RTC branch 112, which is currently hearing the separate poll sabotage raps against former President Gloria Macapagal-Arroyo. The raffle was conducted electronically.
Unlike in the case of Arroyo, the RTC did not immediately issue a warrant of arrest for Abalos.
Six out seven commissioners voted to file a case against Abalos and four other individuals, said Comelec Chairman Sixto Brillantes. Commissioner Gus Lagman, meanwhile, was absent during the voting.
Brillantes said the cases are in connection with the elections in South Cotabato and North Cotabato in 2007 and on the election complaint lodged by Senator Aquilino “Koko” Pimentel III before the joint Department of Justice-Comelec (DOJ-Comelec) fact-finding panel.
Brillantes, who voted against Abalos, said they gave weight to the testimonies of Lilian Radam (former provincial election supervisor in South Cotabato), Yogie Martirizar (former election supervisor in North Cotabato), and Lintang Bedol (former election supervisor in Maguindanao).
Radam and Martirizar had earlier tagged Abalos in the investigation of the joint DOJ-Comelec panel as the one who instructed them to rig the results of elections in favor of Arroyo’s senatorial bets in their respective areas.
The poll chief, however, said Radam and Martirizar were still included in the charge sheet, along with a certain Captain Peter Reyes and Major Joey Leaban of the Intelligence Service of the Armed Forces of the Philippines (ISAFP).
The same DOJ-Comelec panel, whose legality is being questioned before the Supreme Court, slapped electoral sabotage case last November 18 against Arroyo, who is now under policy custody.
But Abalos was not included in the complaint filed at the Pasay RTC branch 112 after he made an appeal before the Comelec questioning the credibility of Radam’s and Martirizar’s testimonies against him.
Brillantes said the commissioners had already ruled to deny it.
Sought for comment, Justice Secretary Leila de Lima said Radam and Martirizar had a good chance to be used as state witness against Abalos.
“If you are being charged as a co-accused, it is the discretion of prosecution to apply for the discharge as a state witness of a co-accused or several co-accused provided they meet the requirements for state witness. (Because of their testimonies) I think it will not be difficult for Martirizar and Radam to be declared as state witness,” de Lima said.
Sun.Star tried to reach Martirizar’s lawyer, Nena Santos, but she was unavailable for comment as of this posting Wednesday.
Asked whether they are going to ask for an issuance of warrant of arrest much like the one issued against Arroyo, Brillantes said it is already up to the courts.
Electoral sabotage is classified under the Poll Automation Law of 2007 as a non-bailable offense as it carries a penalty of life imprisonment.
Abalos had served as chairman of the Comelec from June 2002 before resigning in October 2007, after being implicated in the controversial national broadband network project. (AMN/Virgil Lopez/ECV/Sunnex)
Source : http://www.sunstar.com.ph/manila/local-news/2011/12/08/ex-poll-chief-faces-election-sabotage-raps-194618

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