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Comelec presses raps vs Morato


FORMER PCSO chair Manuel “Manoling” Morato. INQUIRER FILE PHOTO

Maintaining that the right to freedom of speech or expression was not absolute, the Commission on Elections (Comelec) has opposed a motion by former Philippine Charity Sweepstakes Office (PCSO) Chairman Manuel Morato to junk the electioneering charges the poll body had filed against him.

In an opposition to Morato’s motion to dismiss filed with Quezon City Judge Aurora Hernandez-Calledo, Comelec lawyers insisted that there was probable cause for the filing of four charges against the former PCSO chair.

The Comelec lawyers said the public prosecutor, in this case the Comelec, “exercises a wide latitude of discretion in determining whether a criminal case should be filed in court,” which the courts must respect.

Unless there is a finding of a flaw in the charges filed, they said the court in determining probable cause was limited only to deciding whether or not an arrest warrant should be issued against the accused.

The Comelec lawyers also assailed Morato’s claim that the multiple charges of violations of Republic Act No. 9006, or the Fair Elections Act, and Batas Pambansa 881, or the Omnibus Election Code, filed against him were intended to “punish” his exercise of free speech, expression and of the press.

“The exercise of one’s freedom of speech or expression, whether he is a member of media or not, is not absolute, especially during an election period. This freedom has to yield to the police power of the state, especially for the success of a fair, free, honest, orderly, peaceful and credible elections,” the lawyers maintained.

They said the arguments that Morato offered in his motion to dismiss were a “mere rehash” of the grounds stated in his counteraffidavit and motion for reconsideration with the commission en banc.

The Comelec lawyers asked the court to deny the motion to dismiss for “utter lack of merit.”

Morato has been charged with four counts of electioneering for allegedly using two years ago several episodes of his public affairs show “Dial M,” aired over state-owned IBC-13, to campaign for presidential candidate Gilbert Teodoro and his running mate, Eduardo Manzano, in the 2010 national elections, while also urging the public not to vote for certain senatorial candidates.

The former PCSO chairman said the acts imputed to him as partisan political activity were “nothing but pure harassment and political persecution, and also to curtail [the] freedom of speech, of expression, or of the press.”

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Tags: Comelec , electioneering , Manuel Morato , PCSO

  • http://pulse.yahoo.com/_GG4T5UNZ3P7SCHSRNJ7PF5JZMM Jimmy

    Madami na ring kabalbalan ang ginawa ng madoling morato na yan..!!! Ikulong na yan at kunin yong mga nadugas niya noong panahon nila ni gloria arrovo..!!! At bilisan ninyo,.!! Baka makatakas pa at sumama kina palparan at reyes, ecleo, etc….!!!!!!!!!?

  • http://pulse.yahoo.com/_MDOEHEMLNVSTET7ZCS2MKQ7WRI Flavio

    manoling hinihintay ka na ni ka berto sa bilibid. magdala ka raw ng madaming vaseline o maski pomada ….

  • http://profile.yahoo.com/ZYJLDPFZXW3GZVHSY5TOQZX6D4 SojuSaki

    Life in the Bilibid prison will be heaven on earth for Manoling.

  • mulanay

    Naku, lagot se Manay Manoling bading! Pero mabuti na rin iyan para maiba naman ang iyong tirahan. Subukan mo naman tumira sa Munti para maintidihan mo ang sinasabi ni Erap na “weather weather lang ‘yan.”

  • http://twitter.com/whipnsaddle Bastonero

    Anong pure harassment ang pinadsasabi nitong bading naito eh! Naka video at live ang ebidensya laban sa kanya, pinintasan pa nga nya yung isang Senador, nag sorry pa nga sya dito noong inimbita sya sa Senate inquiry about PCSO scandal….weeeeh…..welcome to The Bar…

  • gisingpinoy12

    OK lang ke Manang Manoling sa Munti. Tiyak na magugustuhan niya doon. wag lag kalimutan magbaon ng maraming baby oil or vaseline LOL

  • bautistaro

    Daming kinita ng tanong Ito,Kay Ate Glo, pay back time amigo……Munti waiting for you…..good luck

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