Comelec en banc junks poll case vs lawmaker

Saturday, January 28, 2012

THE Commission on Elections (Comelec) has dismissed the post-electoral protest filed by Lapu-Lapu congressional aspirant Joselito “Lito” Ruiz against Lapu-Lapu City Rep. Arturo Radaza for lack of merit.

In a decision dated Jan. 4, 2012, the Comelec en banc, headed by Chairman Sixto Brilliantes Jr., not only junked the electoral protest filed by Ruiz, but also ordered the Comelec law department to conduct a preliminary investigation against the complainant.

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The order to subject Ruiz to a preliminary investigation was based on charges filed by Radaza against the complainant over allegations that he committed several election offenses.

After the 2010 national elections, Ruiz filed the electoral protest to nullify the proclamation of then congressman-elect Radaza, his wife, Lapu-Lapu City Mayor Paz, and the couple’s allies elected as councilors.

Ruiz, in his protest, detailed allegations of fraud raised by then Lapu-Lapu City councilor Junard “Ahong” Chan in a separate petition asking the Comelec to declare the election in the city a failure.

Nothing specific

Ruiz claimed that the results of the May 10, 2010 automated elections were marred by massive fraud, vote-buying and disenfranchisement.

But the Comelec en banc, in its decision, said they decided to dismiss the case against Radaza as the complaint against him did not state any specific provision in the Omnibus Election Code that he allegedly violated.

“The case records only show that respondent (Radaza) was being investigated for violation of the Omnibus Election Code, while no mention at all was made of any specific provision under the said law the respondent had allegedly committed,” the order said.

It was also revealed that Ruiz failed to show substantial proof that Radaza coerced voters by means of an “offer-to-buy” scheme.

It was also noted that when the case was heard in the Comelec First Division, Regional Election Attorney Enerio Ocariza noted in his resolution that Ruiz failed to submit his memorandum despite being directed to do so.

Ruiz also failed to submit additional evidence to support the charges of vote-buying against Radaza.

With the dismissal of the case against Radaza, the Comelec en banc has ordered the commission’s law department to investigate Ruiz over allegations made by the Lapu-Lapu City representative that Ruiz committed election law violations.