DOJ-Comelec panel summons Arroyos, Abalos

MANILA, Philippines - A joint team of elections and justice officials tasked to conduct preliminary investigation into the alleged cheating in the 2007 polls has summoned Pampanga Rep. Gloria Macapagal-Arroyo, retired elections chief Benjamin Abalos Sr. and several others to personally appear before the joint panel to explain their side.

No schedule has yet been set for their appearance, but the joint panel has scheduled the first hearing on the issue – based on the complaint of Sen. Aquilino “Koko” Pimentel III – on Nov. 3.

Prosecutor General Claro Arellano chairs the five-man preliminary investigation panel.

Following a closed-door meeting in his office, Arellano said subpoenas would be sent today to former President Arroyo, 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.

He said other respondents – 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, certain Major Joey Leaban and Capt. Peter Reyes, and former poll supervisors Lilian Radam and Yogie Martirizar – would also be summoned in connection with the alleged cheating in North and South Cotabato.

Arellano stressed that former first gentleman Jose Miguel Arroyo would still be called for the preliminary investigation even if he was not among those recommended charged by the fact-finding team for lack of evidence. He explained that Mr. Arroyo remains a respondent in Pimentel’s complaint.

Mr. Arroyo called the probe panel’s pronouncement “persecution, harassment, and oppression all called into one.”

“How can that be when the fact-finding panel found no evidence against me?” he asked in a text message. “This government is terrible. There is no due process anymore. Since the joint panel found no evidence vs me (which was announced by no less than Sec. De Lima), it was De Lima’s duty to clear me,” he said referring to Justice Secretary Leila de Lima.

The respondents, however, were not yet required to attend the first hearing since the panel intends to first furnish their lawyers copies of the fact-finding report and formal complaint, the DOJ official clarified.

The chief prosecutor added they would also request all respondents be placed in the Bureau of Immigration watchlist.

In their initial report released last week, the fact- finding team alleged that the former president should be criminally indicted “for giving direct instruction to manipulate the results of the senatorial elections in Maguindanao by ordering Gov. Datu Andal Ampatuan Sr. to implement a 12-0 result in the province of Maguindanao in favor of the Team Unity senatorial candidates, and to alter or change the results if necessary.”

The panel cited the testimony of Unas, reportedly Ampatuan’s close assistant, in arriving at the conclusion.

“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,’ which the Governor answered: ‘Opo Ma’am’,” Unas said in his affidavit.

Abalos, on the other hand, has been accused of personally giving Comelec officials in the three provinces orders to rig poll results in favor of Mrs. Arroyo’s senatorial bets.

Radam and Martirizar surfaced last month to confess participation in cheating operations. They recalled attending a meeting with other provincial supervisors and regional directors of the poll body a month before the elections where Abalos reportedly gave them instructions to ensure the “12-0 result in favor of Team Unity candidates.”

They said it was Agra who served as their lawyer in the electoral sabotage filed against them while Col. Basiao provided them security.

Don’t blame us

There is nobody to blame for the delay in the issuance of travel permit to Mrs. Arroyo for her medical treatment abroad but her own supporters and loved ones, De Lima said yesterday.

“The delay is not on our part but attributed to their failure to submit the needed requirements,” De Lima told The STAR.

She was reacting to claims by former first gentleman Jose Miguel Arroyo that her office has imposed so many requirements for the issuance of Allow Departure Order (ADO) to Mrs. Arroyo. DOJ’s issuance of an ADO will allow the former president to seek medical treatment abroad despite her being in the immigration watchlist due to a string of plunder and poll fraud charges against her.

De Lima stressed that the strict requirements for the issuance of ADO were based on Department Circular No. 41 issued during the administration of Mrs. Arroyo.

“The requirements for an ADO under DC 41 – issued not by me but by my predecessor – are logical and reasonable. We cannot relax much less dispense with those requirements and make an exception out of the former president without opening ourselves to criticisms and charges of unequal treatment and double standards,” she explained.

The DOJ chief also pointed out that the camp of Mrs. Arroyo should not be complaining if they really intend to comply with the rules in good faith.

The STAR learned that lawyers of Mrs. Arroyo went to the Office of Assistant Chief State Counsel Pastor Benavidez last Friday to apply for ADO. Their application was not accepted because Arroyo’s lawyers failed to present some requirements, including documents showing schedules and venue for the consultations and treatment.

They were expected to return to the DOJ yesterday afternoon to submit the needed papers. It was not clear as of press time if they had pushed through with the submission of the requirements.

Mr. Arroyo had slammed the DOJ for the delay and accused authorities of treating her like someone on hold departure list.

He stressed that he and Mrs. Arroyo do not plan to escape prosecution and will come back as soon as her medical treatment is completed.

He added they plan to have their first consultation with medical specialists in Singapore then proceed to Germany for a meeting with a doctor who is an expert in stem cell treatment. The couple will later proceed to Austria for another meeting with a noted doctor.