Abalos asks Pasay court to dismiss Comelec raps

MANILA, Philippines—Former Commission on Elections (Comelec) Chairman Benjamin Abalos on Wednesday formally asked the Pasay City Regional Trial Court to determine if there is basis to prosecute him for electoral sabotage.

Abalos, together with his son Benhur, who is mayor of Mandaluyong, personally went to the Pasay Court Branch 112 to submit his motion, soon after a Comelec team filed the complaint against him.

In the motion for judicial determination of probable cause, he asked Judge Jesus Mupas to issue a ruling that there is no probable cause to prosecute him for electoral sabotage and that the information filed against him be dismissed.

Abalos is accused of ordering the rigging of election results in Mindanao in 2007 to favor the senatorial bets of the Arroyo administration.

“Ako ay nagpunta rito para alisin ang agam agam na ako daw po ay tatakbo sa kasong ito. Hindi ’yan ang ugali ng mga Abalos. Haharapin ko ang aking problema (I came here [to this court] to remove apprehensions that I will run away from this case. This is not the character of the Abaloses. I will face my problem),” Abalos said.

Abalos explained that the court will conduct a separate determination of probable cause from the findings of the Department of Justice and the Commission on Elections. Probable cause is the knowledge of facts, actual or apparent, strong enough to justify a belief that there are lawful grounds to arrest an accused.

Brigido Dulay, Abalos’ lawyer, told reporters that a warrant of arrest cannot be expected yet.

“There will be a hearing first on this motion. Warrant [of arrest] is already a determination of probable cause,” Dulay said.