MANILA, Philippines - A fact-finding team composed of justice and elections officials is recommending charges of electoral sabotage against Rep. Gloria Macapagal-Arroyo and 46 others in connection with the alleged rigging of results of the senatorial polls in 2007 when she was still president.
But the joint DOJ-Commission on Elections team, chaired by Justice Assistant Secretary Zabedin Azis, cleared former first gentleman Jose Miguel Arroyo and concluded that
allegations of his involvement in poll fraud were “hearsay” and would need “further investigation.” Electoral sabotage is a non-bailable offense.
Mrs. Arroyo’s spokesman Raul Lambino said he was not surprised by the development. “What do you expect? They (Comelec Chairman Sixto Brillantes and Justice Secretary Leila de Lima) will follow the dictates and wishes of their principal (President Aquino), never mind the poor quality of evidence or no credible evidence, and in the process they have lost all integrity and undermined the independence of their offices,” Lambino told The STAR.
In a report released yesterday, the probe panel has recommended that Mrs. Arroyo be subjected to a preliminary investigation for possible electoral sabotage under Republic Act 9369 or the Amended Automated Election Law.
The fact-finding team also sought the indictment of former Comelec chairman Benjamin Abalos, former commissioner Nicodemo Ferrer, detained former Maguindanao governor Datu Andal Ampatuan Sr., former provincial administrator Norie Unas, former provincial election supervisor Lintang Bedol, and 19 election officers and assistants – all for alleged fraud in Maguindanao.
The 19 lower-ranked poll officers have also been recommended for preliminary investigation for violation of the Omnibus Election Code and Comelec rules and regulations.
Also, the panel recommended the filing of separate case for the same offense against Abalos, his former chief-of-staff lawyer Jaime Paz, former justice secretary Alberto Agra, regional poll director lawyer Michael Abas, Intelligence Service of the Armed Forces of the Philippines Region XII director Col. Reuben Basiao, a certain Maj. Joey Leaban and Capt. Peter Reyes, and former poll supervisors Lilian Radam and Yogie Martirizar of South and North Cotabato, respectively.
In its report, the DOJ-Comelec probe panel said Mrs. Arroyo should be criminally indicted “for giving direct instruction to manipulate the results of the senatorial elections in Maguindanao by ordering provincial governor Ampatuan to implement a 12-0 result in favor of the Team Unity candidates, and to alter or change the results if necessary.”
In a press conference, Secretary De Lima said that key witnesses – Unas, Bedol, Radam and Martirizar – would also undergo preliminary investigation.
“It is the view of the fact-finding panel that it is beyond their mandate to say who may or may not be included in the preliminary investigation. These witnesses are basically whistleblowers, meaning they had participation in the alleged crime,” she stressed.
De Lima also that it is not for the fact-finding team to decide who, among those who executed affidavits should qualify as state witnesses. “That is the job of the PI (preliminary investigation) Committee,” De Lima said.
“It appears that some of the personalities whom we recommended for preliminary investigation may qualify as state witnesses, as in fact some of them manifested their intentions to avail of the Witness Protection Program. The fact-finding Team reserves recommendation on that issue and leaves the matter of their qualification as state witnesses, or their inclusion into the Witness Protection Program, to the sound discretion of the Preliminary Investigation Committee,” the fact-finding panel said in its report.
Digging deeper
De Lima stressed the report was only initial since the fact-finding team would still have to gather more information for its investigation into possible fraud in the 2004 presidential polls. The team has deferred its probe on the alleged 2004 election fraud in deference to an ongoing investigation in the Senate.
She also clarified there was nothing wrong if the preliminary investigation would be conducted again by a DOJ-Comelec panel.
She stressed that while the preliminary investigation panel is independent from the fact-finding team, there have been instances of DOJ fact-finding panel submitting its findings to a preliminary investigation team.
“It’s an exhaustive discussion... and this is comprehensive enough. I have advised the joint PI Committee through Prosecutor General Claro Arellano to immediately convene the committee, perhaps [on] Monday, to consider this and take appropriate action from there based on the approved joint rules of procedure,” De Lima said.
In recommending Mrs. Arroyo’s indictment, the fact-finding panel cited the testimony of Unas, who was close to Ampatuan being Maguindanao provincial administrator.
Unas earlier submitted a six-page affidavit saying he himself had heard Mrs. Arroyo give instructions to Ampatuan over dinner in Malacañang days before the 2007 polls to ensure a landslide victory for her senatorial bets.
“When the President was about to exit from the hall as she was shaking hands with several participants, the President signaled Datu Andal to a corner and I heard the President told again Datu Andal: ‘Dapat 12-0 sa Maguindanao, kahit pa ayusin o palitan niyo ang resulta,’ to which the governor answered: ‘Opo Ma’am’,” Unas alleged.
The fact-finding report has been forwarded to the preliminary investigation panel chaired by Prosecutor
General Arellano. Panel members hope to buckle down to work next week. The same panel has also received the formal complaint of Sen. Aquilino “Koko” Pimentel III.
In his complaint, Pimentel accused the former first couple of conspiring with other former officials – Abalos, Ferrer, Agra, Abas, presidential spokesman Gabriel Claudio and his executive assistant Bong Serrano – in rigging poll results in Mindanao.
Hearsay
Lambino, meanwhile, called the alleged evidence linking Mrs. Arroyo to poll fraud “hearsay” and that the Aquino administration was “obsessed” in persecuting the Arroyos.
Her husband, for his part, said it was unfair for the fact-finding panel to call for further investigation against him even if it has found little evidence to pin him down for alleged electoral sabotage.
“If there’s no evidence, then the right action should be to dismiss the allegations. But instead, they sought more investigation. This is too much. They’re already forcing the issue even without evidence or proof. They’re fishing for more evidence, they’re forcing it,” Mr. Arroyo said.
“May I also add that there is no electoral sabotage in the case of PGMA because there was no failure of elections. Candidates were proclaimed. No one complained of failure of elections. Failure of elections is an indispensable component of electoral sabotage,” Mr. Arroyo said.
His lawyer Ferdinand Topacio, said they are studying the possibility of questioning the legality of the fact-finding panel before the courts.
“It was clear that the fact-finding body was created for the sole purpose of pinning down the Arroyos. We want the panel to ask certain questions,” Topacio told The STAR.
He noted that in August, Aquino had stated that he would be very disappointed if no charges would be filed against the Arroyos.
“The work of the fact-finding panel has already been prejudged,” he said.
Topacio also questioned the participation of the Comelec in such a panel saying the former is supposed to be an independent constitutional body while the DOJ is “a qualified political agent of the President.”