MANILA, Philippines - Sen. Aquilino “Koko” Pimentel III yesterday filed criminal charges against former President and now Pampanga Rep. Gloria Macapagal-Arroyo, her husband Jose Miguel Arroyo and several others before the Department of Justice (DOJ) for allegedly rigging the senatorial elections in 2007.
The Arroyos, meanwhile, declined to give any comment on the charges, with the former first gentleman expressing disdain over the recent development.
Pimentel, who won his electoral protest and was proclaimed last August as 12th placer in the 2007 senatorial race, subscribed to his complaint-affidavit before the joint DOJ-Commission on Elections (Comelec) investigating panel.
He accused the former first couple of conspiring with other former officials – including Comelec chair Benjamin Abalos, commissioner Nicodemo Ferrer, justice secretary Alberto Agra, presidential spokesman Gabriel Claudio and his executive assistant Bong Serrano, and regional poll director lawyer Michael Abas – in rigging poll results in Mindanao in favor of the former administration’s senatorial bets.
He sought their indictment for electoral sabotage under Republic Act 9369 (Amended Automated Election Law).
“As far as I am concerned, I am a victim and it is my duty to file this complaint. After proving fraud in my protest, I said I will file a case against those responsible for making a non-winner declared a winner. So I am just doing what I’ve committed to do,” the senator stressed.
Pimentel based his complaint on the testimonies of former Maguindanao election supervisor Lintang Bedol, detained former Autonomous Region in Muslim Mindanao Gov. Zaldy Ampatuan, former Maguindanao provincial administrator Norie Unas and former provincial poll supervisors Lilian Radam and Yogie Martirizar.
He also cited as basis findings in his electoral protest that were upheld by the Senate Electoral Tribunal.
His complaint would undergo preliminary investigation by the joint DOJ-Comelec panel chaired by Prosecutor General Claro Arellano.
Justice Secretary Leila de Lima had represented Pimentel in his election protest when she was still in private practice.
Mrs. Arroyo was earlier directly implicated by Unas in the alleged poll fraud operations.
Pimentel upheld the credibility of Unas and other witnesses, saying it was “not mere testimony. It is an eyewitness account and in criminal law, that should be given weight.”
He did not include in the list of respondents the beneficiaries of the alleged fraud, including resigned Sen. Juan Miguel Zubiri, saying he needs more evidence against them.
Pimentel added that Radam and Martirizar, whom he had earlier charged with the same offense, could avail of remedies under the law since they have testified for the government already.
Witnesses have confessed to their participation in the alleged conspiracy to rig the 2007 polls and claimed that the orders came from Abalos and allegedly had the approval of the previous administration that even provided them security and legal and financial assistance.
Mike Arroyo: Why me?
Raul Lambino, legal spokesman for the Arroyos, said they will wait until they are able to secure a copy of the complaint.
“That’s the only time we can probably give a comprehensive answer. We’d like to ask what evidence did Senator Koko use? Did he use as basis the testimonies of their various witnesses like the Ampatuans?” Lambino told The STAR.
The former first gentleman was aghast over the filing of the complaint.
“What in heaven’s name have I to do with that? If somebody else is proclaimed, what has that got to do with me? Is that my fault?” he said in a telephone interview. “Pimentel is proving himself a worthy lapdog of Malacañang whose only purpose is to file baseless charges against the Arroyos.”
He said the senator was also aiming for media mileage for his reelection bid in 2013.
“They are just filing cases for the sake of filing no matter how stupid the basis,” Mr. Arroyo said.
The former president is scheduled to return to the St. Luke’s Medical Center in Taguig City today for a crucial checkup to help her and her family decide whether or not she should seek medical treatment abroad for her weakening cervical spine or neck bones.
Senate probe on poll cheating
Meanwhile, the Senate starts today its probe into alleged fraud that took place in the 2004 and 2007 elections with 17 individuals who were either implicated or had a direct hand in the anomalies expected to attend.
Based on the guest list provided by the office of Senate Blue Ribbon committee chairman Teofisto Guingona III, the first hearing would focus solely on the 2004 elections.
Two of the Comelec officials who were mentioned in the “Hello, Garci” controversy, Renault Macarambon and Rey Sumalipao, were among those invited.
Former Armed Forces of the Philippines Col. Alexander Balutan, who along with retired Gen. Francisco Gudani first came out with allegations of electoral fraud operations in Marawi City during the 2004 presidential elections, was also invited to attend.
After coming out with their initial testimonies during a Senate hearing, both Gudani and Balutan were prevented from issuing any more statements regarding the alleged poll fraud.
A number of witnesses, who had first hand information or who took part in the alleged operations to rig the 2004 elections, are also expected to attend the hearing.
One of these is former Shari’a court judge Nagamura Moner, who recently came out and claimed that he handed out money to election officers and local officials in Mindanao to ensure the victory of former president Arroyo.
Moner claimed that it was former airport and Philippine Ports Authority (PPA) general manager Alfonso Cusi who handed him the money purportedly coming from the former first gentleman.
He said that he was recruited for the job by his brother-in-law Efren Bollozos, who was then a manager of the PPA in Cagayan de Oro City.
He also claimed that former justice secretary Agnes Devanadera met with the election officials during a meeting of the Lakas party to coach them on how to cover up cheating.
All of the names mentioned were invited to today’s hearing.
The other witnesses invited to the hearing were former Philippine Drug Enforcement Agency director Ansari Alonto who claimed that the election returns in Lanao del Sur were altered in favor of Arroyo; Manlawi Calimba, who was Moner’s contact in General Santos City; and former T/Sgt. Vidal Doble of the Intelligence Service of the AFP, who was behind the wiretap operations on former Comelec commissioner Virgilio Garcillano.
The Senate probe was prompted by the resolutions filed by Sen. Panfilo Lacson and Senate Minority Leader Alan Peter Cayetano and will be jointly conducted by the Blue Ribbon and electoral reforms committee chaired by Pimentel. – With Paolo Romero, Marvin Sy