DOJ, Comelec stalling–Abalos

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

MANILA, Philippines — Former Commission on Elections chairman Benjamin Abalos has accused the Department of Justice (DOJ) and the current Comelec administration of prolonging the hearings on his petition for bail in his electoral sabotage case.

Pasay Regional Trial Court Branch 117 Presiding Judge Eugenio de la Cruz postponed his bail hearing on Friday and moved it to June 6, arousing another round of frustration for Abalos.

De la Cruz reset the hearing after noting that there were four pending motions filed before his sala related to the case. He said the motions must first be resolved before the bail hearings could continue.

One of the motions asks the court to reconsider its ruling that Comelec has waived its right to present evidence for failing to present former North Cotabato acting election supervisor Lilia Susan-Radam. Another is a motion from the Comelec seeking premarking of evidence.

Another Comelec motion asks for additional time to file its evidence.

And lastly, a motion from the DOJ asking that Radam be discharged as state witness.

“There appears to be a conspiracy between the DOJ and the Comelec to punish him and prolong his incarceration by filing dilatory motions,” Brigido Dulay, Abalos’ counsel, said. “The delay defeats the summary nature of the bail petition since it appears that it is contingent on the DOJ’s motion to discharge Radam.”

Dulay added that his client’s petition for bail should have been resolved in a month’s time. “The matter of the discharge of Radam is another matter altogether which should be taken up by the court separately,” he said.

“Besides,” he added, “we still have the right to question Radam’s discharge so the decision on Abalos’ bail petition should come out already. Otherwise, it will already be a violation of Abalos’ constitutional right to bail.”