MANILA, Philippines - A Pasay City court will hear tomorrow the motions filed by a private lawyer and prosecutors of the Department of Justice (DOJ) to drop the two counts of electoral sabotage charges against Yogie Martirizar and turn her into a state witness against former Commission on Elections (Comelec) chairman Benjamin Abalos.
Felda Domingo, spokesperson of Pasay Regional Trial Court Branch 112, told The STAR that Judge Jesus Mupas will hear the arguments of the prosecution and defense on the motions filed by Nena Santos, legal counsel of Martirizar, and DOJ prosecutors.
Comelec spokesman James Jimenez told The STAR that the poll body was supposed to take up the issue on Martirizar in a recent meeting but it was set aside to discuss the temporary restraining order (TRO) issued by the Supreme Court against Comelec over the purchase of the precinct count optical scan machines.
Jimenez said the Comelec would still pursue the criminal cases against all accused in the 2007 poll fraud in Mindanao.
“There is still no official pronouncement but the Commission will issue a minute resolution affirming its stand against Lilian Radam and Martirizar during the next en banc meeting on Wednesday,” he said.
Radam was the former chairman of South Cotabato board of canvassers while Martirizar used to be the chairman of North Cotabato provincial board of canvassers.
The two are now under protective custody of the DOJ.
Earlier, the DOJ had filed a similar motion seeking to drop the 11 counts of electoral sabotage against Radam, whose testimony was used in indicting Abalos in the case.
The DOJ panel, represented by Assistant State Prosecutor Maria Elvira Herrera, explained that they filed the motion to drop Radam and Martirizar from the charge sheet not to defy the Comelec but only 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).
Lawyers of Abalos led by Brigido Dulay had already questioned the DOJ move, saying it was done without the consent of the Comelec which is the lead prosecutor in the case.
They also argued that Radam and Martirizar appear to be guilty of the crime, and that the DOJ’s motion only serves to delay Abalos’ petition for bail.