Abalos trial judge orders witnesses to justify absence

Former Commission on Elections Chairman Benjamin Abalos Sr. INQUIRER FILE PHOTO

Three witnesses in the graft trial of former Commission on Elections Chairman Benjamin Abalos in connection with the national broadband network (NBN) deal failed to show up at Monday’s hearing, prompting the Sandiganbayan to order them to explain why they should not be held in contempt for their absence despite having been properly notified.

Those who were summoned but did not show up were former Trade Secretary Peter Favila, lawyer Roberto Rafael Pulido and Ferdinand Gaite, head of the Confederation for Unity, Recognition and Advancement of Government Employees (Courage).

Pulido and Gaite actually came to the Sandiganbayan on Monday, but the hearing was over when they arrived. Gaite arrived before 9 a.m. and told reporters he was held up by severe traffic on the road.

The witnesses’ absence from the 8:30 hearing prompted the prosecution to ask the court to issue a show-cause order asking them to explain why they should not be held in contempt for failing to appear despite due notice.

If the witnesses fail to submit an explanation, they would be ordered arrested, said Sandigan Justice Gregory Ong, chairman of the Fourth Division which is trying the case.

Another witness, former ZTE Corp. consultant Dante Madriaga, was also subpoenaed by the court, but Prosecutor Jacinto de la Cruz said the summons was not properly served on Madriaga because he was no longer at his listed address.

Abalos’ lawyer, Gabriel Villareal, lamented the hearing’s cancellation.

He said he could understand the travails of the prosecution, but continued trial delays had been adding to the anxiety of his client Abalos who is detained at the Southern Police District headquarters in Taguig City on an unrelated charge of electoral sabotage which is nonbailable.

Monday’s hearing was on the first graft case filed against Abalos in connection with the canceled $329-million NBN deal with China’s ZTE Corp. The case was filed in 2010 and he stands accused of taking an interest in a deal that was unrelated to his duties as Comelec chairman.

In late 2011, Abalos was slapped with another graft case, this one in connection with the approval of the NBN-ZTE deal, which the Ombudsman ruled was disadvantageous to the government.

In the second graft case, which has yet to begin trial, Abalos is accused along with former President Gloria Macapagal-Arroyo, her husband Jose Miguel Arroyo, and former Transportation Secretary Leandro Mendoza. Leila B. Salaverria