Comelec to subpoena 'star witness' on poll fraud against GMA

MANILA, Philippines - Commission on Elections (Comelec) prosecutors have asked the Pasay City regional trial court (RTC) to issue a subpoena to a “star witness” who would directly link former President and now Pampanga Rep. Gloria Macapagal-Arroyo to poll fraud in Maguindanao in 2007, when the bail hearings resume on April 12.

Prosecutor Juana Valesa asked Judge Jesus Mupas of Pasay RTC Branch 112 during the hearing last Monday to subpoena Nori Unas, former provincial administrator of Maguindanao and several other election officers to prove the electoral sabotage charges.

Unas was the lone witness that directly implicated Arroyo, former Maguindanao Gov. Andal Ampatuan Sr., and former Maguindanao election officer Lintang Bedol in the alleged cheating in the senatorial elections in 2007.

Bedol’s lawyer Reynaldo Princesa welcomed the scheduled presentation of Unas whom he claimed was the main operator in the alleged cheating in Maguindanao.

“Unas was in charge of all election related activities in the province,” Princesa said.

During the hearing last Monday defense lawyers questioned the relevance of the testimonies of the two Comelec witnesses who were previously presented during the bail hearings of Arroyo and her co-accused. The witnesses testified that they have no knowledge of the tampering of votes in Maguindanao.

During the hearing, Valesa presented Comelec employees Juan Vergel Soriano of the records section and Retzie Villena of the human resource management office to identify the election documents purportedly showing the tampering of votes.

Soriano is the custodian of the election documents allegedly related to the case while Villena was the one who allegedly received the ballot box containing the certificate of canvass from Maguindanao.

Defense lawyers agreed on the existence of the election documents to be identified by Soriano who had no personal knowledge on the preparation of the documents.

The lawyers, however, objected when Valesa started asking Soriano about the contents of documents showing the voter turnout in Maguindanao in the elections in 2004, 2007 and 2008. Defense lawyers argued that Valeza could not ask questions about matters not covered by the cross-examination and that was not part of the stipulation.

Mupas, however, allowed Valesa to ask questions related to the contents of the documents.

Villena testified that she was part of the reception committee that received the ballot box purportedly containing the certificates of canvass (COC) from Maguindanao from acting election officer Christina Roan Manara.

However, the defense questioned the documentary evidence that did not show that a ballot box was actually turned over by Manara.

This prompted Princesa to remark that Villena submitted a “wrong certification” because it showed neither the transfer of neither the ballot box nor the certificate of canvass as certified therein.

She also admitted that she did not know for a fact that the ballot box contained the alleged COC because they were not allowed to open it.

On cross-examination by Princesa, both witnesses admitted that they have no knowledge of any tampering of votes in Maguindanao as alleged by the Comelec.

Santos said the testimonies of Soriano and Villena did not prove anything with respect to the tampering of votes since they have no personal knowledge on the allegations raised against the accused in the case.

Princesa also scored the Comelec for presenting corroborating witnesses before presenting the principal witnesses as the usual practice in a trial.

He said the prosecution should go directly to the allegations since the hearing tackles only the petitions for bail.