Manila, Philippines - The Department of Justice (DOJ) will file administrative and criminal charges against Mandaluyong City Mayor Benjamin “Benhur” Abalos Jr. for allegedly threatening two prosecutors handling the poll fraud case against his father, former Commission on Elections (Comelec) chairman Benjamin Abalos Sr., during hearing in a Pasay City court.
Justice Secretary Leila de Lima said yesterday that Senior Assistant City Prosecutor Orlando Mariano and Prosecutor Mark Roland Estepa reported to her Thursday the incident so she immediately instructed them to file complaints against the mayor.
“I told them to file blotter with the police and then we will file appropriate charges, an administrative case before the DILG (Department of the Interior and Local Government) and a formal charge before the Ombudsman since he’s a mayor,” De Lima said.
De Lima said Mayor Abalos could face administrative charges of gross misconduct and grave abuse of authority and a criminal charge of grave threat for the supposed verbal threat against the DOJ prosecutors.
De Lima revealed prosecutors Mariano and Estepa initially hesitated in reporting the incident to her until they were convinced by Prosecutor General Claro Arellano to press charges.
She recalled reading the DOJ panel’s report at around 7 p.m. last Thursday.
The prosecutors told De Lima that the incident took place during Thursday’s hearing at a Pasay City court of the elder Abalos’ case in connection with the supposed poll fraud in North Cotabato during the 2004 national elections.
De Lima said the two prosecutors recounted overhearing the mayor cursing and threatening them with death. “P...ina niyo...Papatayin ko kayo,” the prosecutors quoted Mayor Abalos as saying.
De Lima described the actuations of the mayor against the two prosecutors as “very alarming.”
“The people (fiscals) were just doing their job. Why would he do that to them? We can’t allow that; no one can ever threaten or intimidate our prosecutors,” she said.
“We are not just going to sit down. We will file case against him,” De Lima said.
Mayor Abalos, on the other hand, described the move of the DOJ to file charges against him as “harassment.”
Abalos denied threatening the prosecutors. “It’s harassment, how can I threaten a prosecutor inside the courtroom?” Abalos remarked.
Abalos admitted that they got emotional after Pasay City court Judge Jesus Mupas allowed the co-accused of his father, Yogie Martirizar, to testify both on her motion to be discharged as accused and at the same time as witness in the bail hearing.
“I was expressing my disgust that it’s already too much, but I never threatened to kill anybody,” he said.
Abalos stressed he had nothing against the DOJ prosecutors.
A check with the Pasay City police showed no report of threats against the prosecutors.
Pasay City deputy police chief Superintendent Samuel Turla said he received no reports of the supposed threat to government prosecutors inside the courtroom.
The Comelec, on the other hand, said they are not giving up the case against their former chief.
The DOJ criticized Comelec for not having keen interest in pinning down Abalos Sr. on the rigging of the 2007 senatorial polls.
De Lima said Comelec should have listened to the DOJ which proposed that co-accused former South Cotabato election supervisor Lilian Radam be discharged from the case and, instead, be made a state witness against Abalos. – With Perseus Echeminada, Sheila Crisostomo, Artemio Dumlao