DOJ, Comelec start probe of GMA, others on poll sabotage

MANILA, Philippines - The Department of Justice (DOJ) and the Commission on Elections (Comelec) started yesterday their joint preliminary investigation against former President and now Pampanga Rep. Gloria Macapagal-Arroyo and others allegedly involved in electoral sabotage in the 2007 national elections in Mindanao.

In the first hearing, lawyers of Mrs. Arroyo and other respondents were given copies of the joint DOJ-Comelec fact-finding investigation report and the complaint of Sen. Aquilino Pimentel III.

The panel, chaired by Prosecutor General Claro Arellano, ordered them to answer the charges through the submission of their respective counter-affidavits in the next hearing on Nov. 14 at 2 p.m. in the DOJ.

Arellano told lawyers to put in writing all manifestations they wish to submit to the panel, including questions on technicality issues, and gave assurance that they would be resolved before the next hearing.

Mrs. Arroyo was represented by former justice secretary and retired Court of Appeals justice Artemio Tuquero.

After the hearing, the lawyer who is associated with the Iglesia ni Cristo said they would challenge the propriety of the preliminary investigation.

“We will ask the committee to defer the proceedings since it is improper to conduct this joint preliminary investigation,” he told reporters.

Tuquero pointed out that the investigation is based on a fact-finding probe conducted by another joint DOJ-Comelec team.

He said the two institutions have already prejudged the complaint, citing media pronouncements of Justice Secretary Leila de Lima and Comelec Chairman Sixto Brillantes that the joint preliminary investigation would be concluded before Christmas and that his client would possibly be in jail by then.

The former DOJ chief revealed that they plan to question the joint probe before the Supreme Court (SC) should the joint panel refuse to grant his motion.

He also questioned the watchlist order issued by the DOJ against Mrs. Arroyo.

“If you read the Constitution, the right to travel can only be curtailed when there’s threat to national security and national interest is at stake. You also consider as flight risk only those who have already been charged in court – those who have been issued with arrest warrants.”

“That is not the case with my client. The charges against her are still in preliminary investigation, meaning probable cause is not yet established,” Tuquero explained.

Former first gentleman Jose Miguel Arroyo, who was named respondent in Pimentel’s complaint, also sent his lawyer to the hearing.

Ferdinand Topacio also vowed to question the DOJ-Comelec proceedings before the SC and reiterated his argument that the Comelec is an independent constitutional body that should be under the supervision of the executive department.

“We believe that the joint committee of the DOJ and Comelec, whose respective heads are far from being impartial and disinterested, having lawyered for parties who have contended that the 2004 and 2007 elections have been visited with fraud, is nothing but a kangaroo court preordained to persecute our client and his spouse, former President Arroyo,” Topacio said.

He explained that the creation of the joint DOJ-Comelec panel has fused the Comelec – a constitutionally independent body – with the DOJ, which is a political agent of the executive branch.

Topacio said they just received the copies of the complaints against Mr. Arroyo but it did not necessarily mean that they were already submitting to the jurisdiction of the panel.

When asked for reaction, Arellano said their panel was created by duly constituted authorities, referring to De Lima and Brillantes.

Former Comelec chairman Benjamin Abalos was represented by lawyer Brigido Dulay, while former justice secretary Alberto Agra by lawyer Lorna Kapunan.

Other respondents for poll fraud in Maguindanao – former commissioner Nicodemo Ferrer, detained former Maguindanao Gov. Datu Andal Ampatuan Sr., former provincial administrator Norie Unas, former provincial election supervisor Lintang Bedol, and 19 election officers and assistants – also sent their respective lawyers.

Also directed to answer charges of poll fraud in South and North Cotabato are lawyer Jaime Paz, regional poll director lawyer Michael Abas, Intelligence Service of the Armed Forces of the Philippines Region XII director Col. Reuben Basiao, and Capt. Peter Reyes, and former poll supervisors Lilian Radam and Yogie Martirizar.

Other members of the panel are Comelec officials Arturo Portes and Michael Villaret, Laguna Provincial Prosecutor George Dee, and Pasig City Prosecutor Jacinto Ang. – Edu Punay, Alexis Romero, Mayen Jaymalin