Comelec dismisses petition vs Radaza

CEBU, Philippines - Congressman Arturo Radaza of the lone district of Lapu-lapu City will remain at his post. This is after the Commission on Elections (Comelec) en banc dismissed the petition for annulment of proclamation filed by his defeated rival, Joselito Holganza-Ruiz.

Ironically, the dismissal of the petition was due to the failure of the complainant to submit a memorandum before Regional Election Attorney (REA) Enerio Ocariza, Jr. Also, the Comelec en banc said the evidence they received was not enough.

Case records showed that Radaza was being investigated only “for violation of the Omnibus Election Code.” No mention was made of any specific crime committed.

The Comelec en banc adopted Ocariza’s recommendation to dismiss the complaint.

“Even if we were to disregard the procedural flaws and resolve this case on its merits, we will have to agree with REA Ocariza’s recommendation to dismiss the complaint. REA Ocariza had noted in his resolution that petitioner-complainant failed to submit his memorandum, despite being directed to do so,” resolution reads.

Also, the Comelec en banc added: “Even without going into the determination of probable cause… we must dismiss the instant complaint for failure to observe respondent’s fundamental right to be informed of the nature and cause of the accusation against him.”

According to the poll officials, Ruiz failed to show substantial proof that Radaza was buying votes.

Radaza, through his counsel, moved to dismiss the complaint because it has “no factual and legal basis.” He also said the complaint was defective and that the witnesses were “unreliable and not credible.”

Radaza said he never paid P500 to those who voted straight for their party, contrary to the claim of Ruiz’s witnesses. The people he gave the money to were poll watchers, he added.

Also, Radaza alleged that it was Ruiz who violated the election laws.

This counterclaim is subject of a preliminary investigation against Ruiz and his representatives, according to the Comelec. The matter will be referred to the Comelec’s law department. (FREEMAN)