MANILA, Philippines - Former Commission on Elections (Comelec) chairman Benjamin Abalos insisted at the Pasay City Regional Trial Court that lawyer Yogie Martirizar, his co-accused in the electoral sabotage charges in connection with the alleged cheating in elections in North Cotabato in 2007, could not qualify as a state witness because she is the most guilty.
Martirizar is the former chairman of the North Cotabato board of canvassers.
“The information is specific that Martirizar was responsible in the tampering of election returns, which she later on submitted to the national board of canvassers,” Abalos told Judge Jesus Mupas of RTC branch 112 during yesterday’s hearing on the petition for bail of the former poll chief.
Abalos, who was allowed by Mupas to argue for his bail petition, said his lawyers have already filed a motion before the Court of Appeals questioning the legality of the confession of Martirizar and another witness, lawyer Lilian Radam, former chairman of South Cotabato board of canvassers, who is facing separate electoral sabotage charges together with Abalos in connection with the polls in South Cotabato also in 2007 that are now pending at the court of Judge Eugenio de la Cruz of Pasay RTC branch 117.
Abalos had sought the postponement of the testimony of Martirizar for his bail hearing because his two lawyers – former justice secretary Artemio Tuquero and Abraham Espejo – were out of town.
The prosecution and lawyer of Martirizar opposed the resetting of the hearing, saying that they are prepared for the continuation of the testimony of their witness.
Lawyer Nena Santos said Abalos wants to buy time while awaiting the result of their petition in the Court of Appeals.
Mupas granted the motion of Abalos and reset the hearing on June 20 and 22.
Meanwhile, Comelec lead prosecutor Esmeralda Ladra clarified that it is up to the court to determine whether Martirizar could be discharged as co-accused and turned into a state witness.
She said if the court will not grant the motion, all the testimonies of Martirizar could not be used against her.
Judge De la Cruz had earlier granted a P2.2-million bail to Abalos after government prosecutors failed to present Radam to prove alleged cheating in the 2007 midterm election in South Cotabato.
De la Cruz handed down the ruling last week and set P200,000 bail for each count of the electoral sabotage charge while issuing a hold departure order against Abalos.
“At the present conjuncture, it is impossible to state that ‘evidence of guilt is strong’ when Radam’s testimony was not presented and not subjected to cross- examination.
“It must also be considered that the accused is of advanced years at 76 years old and of failing health. Thus, the court cannot ignore the humanitarian issue involved in the case at bar,” the judge said.
De la Cruz said that “taking together the failure of the prosecution to prove that the evidence of guilt is strong, as well as the humanitarian reasons aforecited, this Court is constrained to grant the bail application filed by accused Abalos. However, this Court shall also issue a hold departure order to ensure that the accused (Abalos), who is a man of means, remains available for trial and does not leave the country.”