Thursday, May 24, 2007 Comelec officers order arrests, aren’t the ones arrested, during polls: lawyers
RIDICULOUS” and “funny” were among the descriptions lawyers gave of the supposed citizen’s arrest effected on the former members of the Special Board of Canvassers for Bogo last Saturday night at the Capitol.
Some called it ironic, too.
“Given that fact that it’s election period, the Commission on Elections (Comelec) has total control over law enforcement units,” said Julius Caesar Entise, a member of the Bando Osmeña Pundok Kauswagan legal team.
Lawyer Sisinio Andales, also barangay captain of Pahina Central in Cebu City, agreed with Entise, calling the incident “ridiculous.”
“Election gani, Comelec has all the power to effect arrest. (In that incident) private citizens na nuon ang nag effect og arrest,” Andales said in a phone interview yesterday.
Former Cebu vice governor Democrito Barcenas commented that the members of the Board of Canvassers could not be “that stupid” so as to tamper with election returns from Bogo in public, in front of a battery of lawyers.
Lawyer Gallardo Escobar, chairman of the board, and member Mohammad Abdulrashid were having a long-delayed meal around 8 p.m. Saturday when lawyer Jojie Decal approached and attempted to place them under arrest.
The lawyer, who works for congressional aspirant Benhur Salimbangon, had some policemen from the Criminal Investigation and Detection Group with her. (They later explained they were merely there to investigate, not to arrest anyone from Comelec.)
Video footage also showed the governor’s daughter, lawyer Cristina Codilla, confronting Comelec Regional Director Ray Rene Buac and telling him, “You sir, are clearly in conspiracy with these people and are equally liable.”
Entise, though, said it would have been more prudent for Salimbangon’s group to file a petition with Comelec asking for the suspension of canvassing, on the basis of questionable election returns.
Andales added that even if there may have been a ground for protest, the canvassing should have continued.
The “arrest” not only caused a delay in the canvassing, but also sparked “unnecessary tension” between the camps of Salimbangon and Bogo Mayor Celestino “Tining” Martinez III.
“A citizen can effect the arrest if he or she actually saw the crime being perpetuated,” explained Entise.
“How do we know if such a crime was committed?” Barcenas asked, referring to the allegations of electoral sabotage, or the large-scale tampering of election returns.
Granting that there was tampering at the origin of the election returns, the Board of Canvassers is not liable because tampering is not a continuing offense, unlike rebellion, where anyone can be arrested even while sleeping. Or eating a long-delayed meal.
Briccio Boholst, Cebu City chapter president of the Integrated Bar of the Philippines, added that a citizen’s arrest for alleged electoral sabotage is a “debatable” issue.
Republic Act 9369, the same law that defines electoral sabotage, also states: “The Comelec shall, through its duly authorized legal officers, have the power, concurrent with the other prosecuting arms of the government, to conduct preliminary investigation of all election offenses punishable under this code, and to prosecute the same.” (JGA/With IDA)
