DOJ files motion to drop Radam in 11 poll sabotage raps

MANILA, Philippines - The Department of Justice (DOJ) has filed a motion before the Pasay City regional trial court (RTC) to drop lawyer Lilian Radam as respondent in the 11 counts of electoral sabotage charge, despite a resolution of the Commission on Elections (Comelec) rejecting the move.

DOJ assistant state prosecutor Maria Elvira Herrera and assistant city prosecutor Orlando Mariano told Judge Eugenio de la Cruz of the Pasay RTC 117 that they want Radam, a co-accused of former Comelec chairman Benjamin Abalos, dropped as respondent in the case and made a state witness.

However, Comelec Chairman Sixto Brillantes shrugged off the petition, but admitted that the court has the last say on the matter.

Brillantes added that they do not want to end up with “zero” when Radam is exonerated but messes up her testimonies against Abalos. 

The lawyers of Abalos immediately objected to the motion, arguing that it was filed without the consent of the Comelec as lead public prosecutor.

They added that Radam appears to be the most guilty of the crime, and that the DOJ’s motion only serves to delay their client’s petition for bail.

Lawyer Brigido Dulay said the matter of the discharge could be threshed out during the trial proper in the main case and not during the bail petition.

He said the motion is disconcerting because the Comelec filed the case, but the DOJ is now making a move to make Radam a state witness.

However, the DOJ prosecutors clarified that they filed the motion to drop Radam to comply with the requirements of the law, which mandates that the agency should file the motion as soon as the accused is admitted into the government’s witness protection program (WPP).

“The Comelec has nothing to do with our motion, we are just complying (with) the requirement of the WPP law,” Herrera said.

She added that the Comelec resolution pertains to the bail hearing but their motion pertains to presentation of Radam as witness in the electoral sabotage case.

“It’s up to the court to decide. But even if Abalos is granted bail the case against him will continue and Radam will be our witness,” Herrera said.

Abalos removed Radam and Yogie Martirizar as provincial election supervisors in 2007 and ordered the filing of administrative charges against them after irregularities were discovered in the certificates of canvass from North and South Cotabato.

In February 2011, Comelec filed a case of electoral sabotage against Radam, which was raffled off to the sala of Pasay RTC Judge Edwin Ramizo of Branch 114.

“We are confident that chairman Abalos will be granted bail in this case based on the Constitution and the rulings of the Supreme Court. Without presenting any witness, the prosecution failed to show that the evidence of guilt against chairman Abalos is strong,” Dulay said.– Sheila Crisostomo