(UPDATED WITH CORRECTION) The Office of City Election Officer of Gingoog has recommended the filing of appropriate charges in court against former Camiguin governor Maria Luisa Romualdo, seven Mahinog town officials and three other civilians over vote buying allegations.
In a 15-page resolution, Gingoog Election Officer Joel Dexter Nagtalon, who was designated as hearing officer of the case, found probable cause to charge Romualdo, incumbent Mahinog Mayor Rogerio Acle, Rey Lawrence Tan, Kindred Jajalla, Shella Babanto, Ramil Bayucot, Neolida Salon and Winlove Labadan, for violations of Section 261 (vote buying) of the Omnibus Election Code.
Nagtalon also recommended the filing of a separate charge against the respondents for illegal campaign provided in Section 5 of Republic Act (RA) 7166 in relation to Commission on Elections Resolution 9981, prescribing the calendar of activities and periods of certain prohibited acts in connection with the May 9, 2016 national and local elections.
The three civilians -- Jennifer Tenestrante, Annabelle Ucat and Modesto Cuarteros -- were also included in the recommendation for prosecution, "for it appears that there was uniformity of intent to engage in such prohibited activity by their direct participation or, at the very least by their failure to prevent the commission thereof," said the hearing officer.
Nagtalon issued the resolution on June 21, 2019 and it was received by one of the complainants, lawyer Homer Mabale, on July 22.
The hearing officer, meanwhile, recommended the dismissal of charges for the other respondents, namely, Xavier Jesus Romualdo, Rodin Romualdo, James Ederango, Nerio Galochino, Miguel Ibahay, Merlito Abao, Erlindo Bequila and Nilo Salcedo, for lack of evidence.
The case stemmed from a complaint filed by Mabale, Alfonso Elan Jr., Ronald Galendez and Antonio Daraman, among others, that the Romualdos have been buying votes during elections.
The complainants, who are members of Duterte Diehard Supporters Camiguin Campaign Team, videotaped parts of a meeting at the house of Cuarteros on May 8, 2016, a day before the election, and recorded the proceedings where Mrs. Romualdo allegedly solicit votes in exchange for money. Envelopes containing money and names of candidates were allegedly distributed to those who attended the meeting.
But Mrs. Romualdo, who was then running for governor, said the filing of the case was meant to harass the respondents.
In her counter-affidavit, Mrs. Romualdo said she recalled having been invited to the "private" house of Cuarteros in San Isidro, Mahinog to speak at a briefing of poll watchers being the Liberal Party's local standard bearer then in the province.
She said she did not mention the giving of money or any promise or consideration during her talk. She also denied giving a campaign speech at the poll watchers briefing.
Mrs. Romualdo said she doubted the existence of the recording nor did she or those present give consent to be recorded and that video and audio recording can easily be altered.
She also said that the video recording violated the wire tapping law (Republic Act 4200) and is inadmissible as evidence.
But the hearing officer said the utterances of Mrs. Romualdo, which were captured in the recording, were not of "private" nature, because it was made in a gathering where there were many persons present and obviously done in an open area and not actually inside the house of Cuarteros.
"Therefore, it could not by any stretch of imagination be considered private communication under the purview of RA 4200," the resolution stated.
Nagtalon said "there was no showing that there was express prohibition at the time of the meeting excluding a class of persons from attendance therein. The fact that the complaining witness was able to go inside the premises, take video footage and observe the proceedings proves that attendees were not screened beforehand leading to the conclusion that it was open to the public."
"Consequently, the words uttered by respondent Maria Luisa Romualdo which were captured and recorded... leave no doubt that the same was designed and made to promote the candidacy of certain national and local candidates with an accompanying offer or promise to give financial consideration in exchange for said votes which were then actually distributed to the attendees during the meeting," the resolution added.
Asked for comment, Mabale, who was the campaign manager of the Duterte team in Camiguin, said the hearing officer's resolution is a wake-up call for all Camiguingnons.
"This is a vindication of all the things that the Romualdos have done to Camiguin. Karon klaro ang ilang paglimbong panahon sa election," Mabale said.
"The Romualdos are not untouchable as no one is above the law," he added.
But he said the court may allow the respondents to post bail.
"No one in the entire Philippines in the recent political history that a political dynasty have been indicted for election crimes, wala pana nahitabo sukad," Mabale said.
***
(CORRECTION: It's the Office of the City Election Officer-Gingoog that recommended the filing of charges in court against Camiguin ex-governor Romualdo and 10 others, not the Commission on Elections)