MANILA, Philippines—The Pasay City Regional Trial Court Branch 117 on Wednesday gave the Commission on Elections (Comelec) and the Department of Justice (DoJ) a “last chance” to present their witness in a hearing on the motion of former Comelec Chair Benjamin Abalos to post bail in connection with the electoral sabotage case filed against him.
During Wednesday’s hearing, Pasay RTC Judge Eugenio de la Cruz rescheduled the bail hearing on April 18 after the prosecution failed to present their witness, former provincial election supervisor Lilian Radam.
Judge De la Cruz said Radam should be able to testify on April 18, otherwise “the prosecution will be deemed to have waived its right to present evidence.”
Abalos filed a motion for bail based on the constitutional right of all accused to bail pending the hearing of their case except only when the accused is charged with a capital offense and the evidence of guilt is strong.
Abalos’ counsel Brigido Dulay has averred that the prosecution must prove that the evidence against the accused is strong and in the process must present witnesses and other forms of evidence.
However, during Wednesday’s hearing, the prosecution, as well as private counsel Nena Santos, said Radam could not testify because she was “suffering from hypertension and diabetes.” The defense said the prosecution should instead present the other witness, Yogi Martirizar, but the prosecution countered that she was merely a corroborating witness.
“Without Radam, there is no testimony to corroborate,” the prosecution said.
The defense argued that they “cannot wait forever for the witness to get better since that would mean indefinite incarceration of the accused (Abalos) and that any further postponement is against the summary nature of a bail hearing, that is, that bail hearing should be finished as soon as possible.”