Comelec bucks Abalos bid to dismiss poll fraud raps
MANILA, Philippines – The Commission on Elections (Comelec) opposed the motion filed by detained former Comelec chairman Benjamin Abalos at the Pasay City Regional Trial Court (RTC) to set bail and also dismiss the 11 counts of electoral sabotage filed against him.
Comelec prosecutors led by lawyer Esmeralda Ladra said in their motion filed before the sala of Judge Eugenio de la Cruz of Pasay RTC Branch 117 that electoral sabotage is a non-bailable offense, which carries the maximum penalty of life imprisonment, and evidence of probable cause is strong.
The case is separate from the two counts of electoral sabotage in connection with the elections in Maguindanao in 2007 that are now pending at the court of Judge Jesus Mupas of RTC Branch 112.
Prosecutors said that no less than the co-accused of Abalos, former South Cotabato election officer Lilian Radam, admitted her involvement in the tampering of votes during the May 2007 midterm election.
The motion to quash or dismiss was filed on the claim that the RTC has no jurisdiction over the case as the alleged offense was committed while Abalos was chairman of Comelec and so should be tried at the Sandiganbayan.
Prosecutors, however, argued that the Omnibus Election Code has provided that regional trial courts have the exclusive jurisdiction to try election cases.
Brigido Dulay, counsel of Abalos, said that they already received the comment of the Comelec and they are prepared for the trial of the case.
The court has set the arraignment of Abalos on Monday.
Dulay earlier argued before Judge de la Cruz that his client is entitled to post bail since the 11 counts of electoral sabotage filed by the Comelec are not supported by evidence.
The electoral sabotage charges stemmed from the alleged tampering of votes during the 2007 elections in South Cotabato.
Abalos and Radam were accused of tampering with election results in favor of at lease 11 senatorial candidates.
Radam was earlier charged with electoral sabotage, but she later implicated Abalos in the alleged cheating when she surfaced at the Department of Justice last year.
Abalos has denied the charges and said it was during his term as Comelec chairman that the case against Radam was filed at the Pasay City RTC.
http://www.philstar.com/Article.aspx?publicationSubCategoryId=63&articleId=782553
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