THE Commission on Elections (Comelec) cleared Lapu-Lapu City Rep. Arturo Radaza of election offenses he allegedly committed during the 2010 elections. In return, the poll body will conduct a preliminary probe on the one who complained.
The en banc resolution dated January 4 cited “technicality” as among the factors that led to the dismissal of the case filed by former Interior and Local Government undersecretary Secretary Joselito Ruiz.
Aside from that, the Commisioners also said there were no additional evidence presented by the complainant that could support the claims of vote-buying and the prevention of some residents of their right to vote during the elections.
There was no mention of the specific election offense in the case filed by Ruiz, the husband of former 6th district representative Nerissa Soon-Ruiz.
“We must dismiss the instant complaint for failure to observe respondent’s fundamental right to be informed of the nature and cause of the accusation against him,” the resolution said.
Instead, Ruiz will be subjected to a preliminary investigation by the Comelec based on the counter charges filed by Radaza in his answer to the allegations.
In his counter-affidavit with motion to dismiss, Radaza said he denied all the alleged election offenses and that it was Ruiz’s witnesses that offered to sell their votes for P500 and made it appear that the votes were bought by Radaza.
Ruiz could not be reached for comment yesterday. The Ruiz couple were last reported to be in the United States after the May 2010 elections. Both of them lost in their respective bids for an elective post. Reporter Dale G. Israel