DOJ-Comelec panel to summon AFP personnel tagged in 2007 poll fraud

MANILA, Philippines - Military intelligence personnel tagged in the 2007 poll fraud will be summoned by the joint panel of the Department of Justice (DOJ) and the Commission on Elections (Comelec) to shed light on the issue, Justice Secretary Leila de Lima said yesterday.

De Lima said the joint panel is now coordinating with the Intelligence Service of the Armed Forces of the Philippines (ISAFP) to validate the identities of the soldiers named by witnesses Lilian Radam and Yogie Martirizar.

De Lima said one of the soldiers, a certain Col. Ben Basiao, was confirmed to have worked with the ISAFP.

“The fact-finding committee can invite witnesses that can shed further light (on the matter). The PI (preliminary investigation) committee can (issue a) subpoena. It has the power to issue a subpoena,” De Lima said.

She said Basiao might be summoned once the joint committee starts its preliminary investigation.

“We are still in the fact-finding (stage). Our deadline for us to finish everything is before Christmas,” De Lima said.

She said Basiao could face cases before the civilian and military courts if it was established that he was involved in election cheating.

“There is always the electoral offense sabotage, manipulation and tampering, provisions under the graft and corrupt practices act and the code of conduct for public officials. (He may also be liable under) military rules,” De Lima said.

De Lima said soldiers who are found involved in poll fraud could be dismissed from the service.

Earlier, three ISAFP soldiers were accused of serving as handlers of poll officials who manipulated the results of the 2007 elections.

Radam and Martirizar identified them as Colonel Basiao, Lt. Junior Grade Joey Leaban and Capt. Peter Reyes.

Military records showed Basiao is now a commander of one of the Mindanao-based units. On the other hand, Leaban reportedly died last April due to complications from a bullet wound.

Military officials said they could not find any Capt. Peter Reyes in their records.

As this developed, Malacañang expressed support for De Lima’s call to former Comelec chairman Benjamin Abalos to prepare his defense before the courts.

“Secretary De Lima put it right the first time. Focus on your defense instead of discussing in media. Prepare for your defense, that is the logical thing for anyone to do in any case,” deputy presidential spokesperson Abigail Valte told radio dzRB.

“This is nothing personal. This is pursuant to the investigation of the joint committee formed by the Department of Justice and the Commission on Elections,” she added.

De Lima said Abalos would be summoned by investigators to allow him to air his side on the issue.

“He (Abalos) will be summoned to file counter affidavit. If there’s need for clarificatory hearing, the (investigating) panel will (issue a) subpoena,” the justice chief said.

“The allegations against him are serious and the testimonies of the two witnesses (Radam and Martirizar) match,” she added.

De Lima said she expects more election fraud witnesses to surface this week.

Last week, Radam and Martirizar claimed Abalos had directed them to manipulate the 2007 poll results in Mindanao. 

Abalos denied the accusations and even described the two new witnesses as fugitives. He also threatened to file charges against De Lima for supposedly providing protection to people facing charges.

Abalos said De Lima had failed to inform the court that Radam and Martirizar would be placed under the Witness Protection Program.

Valte, however, said they are confident that De Lima knows what she is doing.

“We will leave that to the better judgment of Secretary De Lima,” she said.

Charges of electoral sabotage have been filed against Radam before the Pasay City regional trial court. The court had issued a warrant for her arrest. The justice department would ask the court for protective custody of Radam.

Election fraud charges against Martirizar have also been filed but no arrest warrant was issued against her.

Radam, former provincial poll supervisor in South Cotabato and Yogie Martirizar, former poll supervisor in North Cotabato, said Abalos had asked them to rig the polls in favor of the allies of then President Gloria Macapagal-Arroyo.

The two claimed that they took part in the fraudulent activities under the supervision of their regional director Michael Abas.