Ombudsman, Comelec ordered to comment on poll automation petition

The Supreme Court (SC) has ordered Ombudsman Merceditas Gutierrez and the officials of the Commission on Elections to comment on the petition of the Kilosbayan Foundation seeking the filing of criminal charges against Comelec officials, led by its chairman Benjamin Abalos, in connection with the overpriced purchase of the 1,991 automated counting machines (ACMs) worth P1.3 billion in 2004.

The Kilosbayan, led by former Senate president Jovito Salonga, and the Bantay Katarungan Foundation said Gutierrez should be compelled to file criminal charges against Abalos and commissioners Resurreccion Borra, Florentino Tuason, Rufino Javier, Mehol Sadain, Luzviminda Tancangco and Pablo Lantion for their participation in the controversial purchase.

In an en banc resolution, the High Court granted the Nov. 17, 2006 manifestation and motion filed by the Office of the Solicitor General (OSG) seeking to be excused from representing the Comelec and the Ombudsman.

The Supreme Court gave the Ombudsman 10 days to comment on the Dec. 4, 2006 petition filed by the two foundations, which called for charging the Comelec officials with violating Section 3(e) and (g) of the anti-graft and corrupt practices law (Republic Act 3019) and the plunder law (RA 7080). – Jose Rodel Clapano