'Abalos will be convicted'

MANILA, Philippines - Government prosecutors vowed yesterday to have former elections chairman Benjamin Abalos convicted of electoral sabotage after the Pasay City Regional Trial Court granted him bail.

Justice Secretary Leila de Lima said members of the Department of Justice-Commission on Elections (DOJ-Comelec) panel handling the case remain confident they could prove the guilt of Abalos and his co-accused during trial.

“We always remain hopeful,” De Lima said. “That’s what I told the DOJ panel. In the main trial, we should strengthen the case to secure conviction.”

The grant of bail to Abalos must not be construed as a declaration of his innocence, she added.

De Lima questioned why Judge Jesus Mupas of Pasay City Regional Trial Court Branch 112 demanded for a corroborative witness from the government when the testimony of North Cotabato provincial election supervisor Yogie Martirizar had already been presented.

“Possible corroborative, significant witnesses may be presented during trial proper when the court hears merits of the case,” she said.

“But for the purposes of bail application, we feel that the personal knowledge of Martirizar was already strong.

“Her testimony was very strong. She pointed to Abalos as a major player in the manipulation of results in North Cotabato. Why do you still need corroborative witness? I really don’t understand why Judge Mupas decided that way.”

De Lima said she finds the ruling “very surprising, if not shocking” since it was issued just a day after the Comelec had submitted its memorandum on Abalos’ petition for bail.

“What was that?” she asked.

“He was able to read and study the memorandum overnight and then come up with a resolution overnight? (That’s not possible) unless there already was prepared resolution on that.”

De Lima said she would tackle the issue with the Comelec.

However, appealing the ruling could be futile since grant of bail is immediately executory, she added.

The DOJ and Comelec jointly conducted preliminary investigation on the electoral sabotage charges against Abalos and other former election officials.

They are also jointly handling the prosecution of the case in court.