CEBU, Philippines - The Commission on Elections (Comelec) En Banc has ordered the filing of criminal case against Madridejos Mayor Salvador dela Fuente and other individuals for alleged terrorism and intimidation in the May 2010 elections.
The Comelec En Banc also directed its Law Department to conduct a preliminary investigation for the determination of possible violation by the respondents of Comelec Resolution No. 8714 in relation with Section 261(q) of the Omnibus Election Code.
The En Banc Resolution dated December 21, 2012 was signed by Comelec chairman Sixto Brillantes Jr., Commissioners Rene Sarmiento, Lucenito Tagle, Armando Velasco, Elias Yusoph, Christian Robert Lim and Maria Grace Cielo Padaca.
The Comelec En Banc affirmed the Joint Resolution issued on January 18, 2011 by Regional Election Attorney Enerio Ocariza Jr., recommending the filing of the case against dela Fuente and more than ten others.
The case stemmed from the complaint filed by former mayor Doroteo Salazar against dela Fuente for threatening, terrorizing, intimidating and coercing his campaign leaders and supporters.
Salazar claimed that his supporters were not able to participate during the campaign neither could they get out of their house to cast their votes because of the imminent fear caused by respondents.
A certain Richard Escala was warned by the barangay captain of Pili, Madridejos not to roam around as the goons of dela Fuente would harm him.
Salazar’s leader Jogen Chavez was allegedly terrorized and threatened by Manuel Sarraga, the brother-in-law of dela Fuente, together with other two unidentified persons with the use of long firearm and .45 caliber pistol pointed at him causing fear among the resident of barangay Bunakan.
Sarraga with other two companions also reportedly looked for a certain Basilio Suan Jr. but was able to escape. Sarraga with some alleged goons of dela Fuente was also figured for harassment and physical harm to Bartolome Bacolod, a candidate for councilor.
Salazar’s supporter, Leonardo Butaya, was reportedly shot while inside his house by unknown personalities.
Dela Fuente and Sarraga in their counter-affidavits maintained that the complaint does not constitute a crime.
They claimed that the complaint and supporting documents failed to indicate that Salazar was harassed and that the affidavits of his witnesses are just hearsay.
Dela Fuente said that he is the incumbent mayor and there is no need for him to resort to violence, threats and intimidation to ensure his victory.
But the Comelec En Banc has found probable cause to hold the respondents for trial saying that the evidences corroborate complainant’s claim.
“A careful perusal of the records reveal that the person, property and some of the immediate family members of some of complainant’s campaign leaders and supporters have actually been threatened and harmed during election period,†read a portion of the resolution.
The Comelec believed that dela Fuente was the one behind the alleged election offenses to ensure that the supporters of the rival candidate are not going to cast their votes on election day.
Dela Fuente and Salazar are running again for mayor on the May 13, 2013 elections. (FREEMAN)