MANILA, Philippines - Detained former Commission on Elections (Comelec) chairman Benjamin Abalos filed yesterday criminal and administrative charges against officials of the Department of Justice (DOJ) Witness Protection Program for obstruction of justice and failure to bring to court Lilian Radam, his co-accused in the 11 counts of electoral sabotage case, before the Pasay City regional trial court (RTC).
The prosecution was supposed to present Radam as their witness to prove alleged conspiracy in the massive cheating in South Cotabato province five years ago.
Abalos told The STAR that Radam has admitted in her sworn statement that she tampered election documents during the 2007 election.
He said it was during his term as Comelec chairman that the case against Radam and Yugi Martirizar was initiated and later filed before the Pasay City RTC Branch 114.
Radam, however, went into hiding after an arrest warrant was issued and resurfaced September last year at the DOJ.
The Comelec withdrew the earlier case against her and refiled it, this time including Abalos.
“I was never named as respondent in the case filed by Sen. Aquilino ‘Koko’ Pimentel III but my name was included in the charge sheet,” Abalos said.
Last February, Judge Eugene de la Cruz of RTC Branch 114 issued an arrest warrant against Radam, but Abalos claimed that the suspect was never surrendered to the court.
“I am in jail and my co-accused is still free and being protected by the DOJ,” he said.
Since he cannot personally appear before the Office of the Ombudsman, Abalos swore his complaint before a notary public at the Pasay City Hall of Justice and his lawyer submitted it before the Office of the Ombudsman.
Abalos said that as of yesterday, Radam is not yet a state witness because the court has not discharged her as his co-accused.
During yesterday’s bail hearing, Judge De la Cruz warned the prosecution that if they again fail to bring Radam to the court it would be considered as waiving their right to present their witness in the electoral sabotage case.
Abalos has filed a motion to bail while the case is on trial.
Prosecutor Juana Valesa said they will try their best to bring Radam to the next hearing on April 18.
The complaint alleged that on May 24, 2007 during the national canvassing of votes for senators in the May 14 election, Radam and Abalos willfully, unlawfully and feloniously increased the votes of Team Unity candidates, by tampering and falsifying the Provincial Certificate of Canvass of votes in the city of General Santos, towns of Polomolok, Tampakan, Tupi, Banga, Koronadal, Norala, Sto. Nino, Surrallah and Tantangan.