MANILA, Philippines - The Second Division of the Commission on Elections (Comelec) has disqualified a mayoral bet in Tineg, Abra who was charged for killing the wife of his political rival three years ago.
In a resolution, Second Division Commissioners Nicodemo Ferrer, Lucenito Tagle and Elias Yusoph gave weight to the petition of Edwin Crisologo Sr. that Lenin Benwaren is not eligible to run for mayor of Tineg town because he has a criminal case and a pending arrest warrant issued by the Bangued, Abra Regional Trial Court Branch 2.
On May 17, 2007, Benwaren allegedly conspired with five gunmen to murder Crisologo’s wife Brenda.
Crisologo and Benwaren are both vying for mayor of Tineg in the May 10 election.
In his answer, Benwaren denied that he was behind the murder.
He said the information for murder was filed only on Feb. 11, 2009 and that he immediately filed with the Department of Justice (DOJ) a motion to hold in abeyance the issuance of an arrest order and to defer the review of the case.
Benwaren said the DOJ granted his motion so he filed last Dec. 22 a manifestation to withdraw the information and to recall the arrest order. The manifestation was approved.
But last Jan. 22, the judge refused to act on the motion to withdraw, citing Crisologo’s motion for reconsideration and petition for a change of venue filed with the Supreme Court and to give the court ample time to go over the evidence of the prosecution.
But in its resolution, the Comelec did not buy Benwaren’s argument that the definition of a “fugitive from justice” does not apply to him “because he is a free man.”
“The issue before us is whether the resolution of the DOJ withdrawing the information and making the warrant of arrest ineffective would exculpate the respondent of the crime charged, thereby making the term fugitive from justice inapplicable to him,” the Second Division’s resolution read.
The Second Division ruled that although a fiscal retains the direction and control of the prosecution of criminal cases he could not impose his opinion on the court.
“The trial court is the best and the sole judge of what to do with the case before it. The determination of the case is within its exclusive jurisdiction and competence,” it said.
It said the DOJ resolution could also not mandate the court to withdraw the information.
It said it was obvious that the trial court is “awaiting the arrest of the respondent which would confer its jurisdiction over his person.”
Unless the arrest warrant for Benwaren is recalled and the information for murder withdrawn, he “is deemed charged of the crime,” it added.