Mike A asks SC to stop poll probe

MANILA, Philippines - Former first gentleman Jose Miguel Arroyo asked the Supreme Court (SC) yesterday to stop the Department of Justice (DOJ) and Commission on Elections (Comelec) from holding a preliminary investigation on the charges of electoral sabotage against him and former President Gloria Macapagal-Arroyo.

The preliminary investigation is set to resume on Monday.

Arroyo asked the SC to declare DOJ-Comelec Order No. 001-2011 creating the panel unconstitutional and set the case for oral arguments.

Arroyo’s lawyer Ferdinand Topacio said the preliminary investigation violated the equal protection clause because it singles out certain persons and incidents only involving the 2004 and 2007 elections.

“The intent to single out Petitioner and others whom the present occupants of Malacañang perceive to be involved in purported electoral fraud is evident in the truth that, if all that the executive desired were the investigation of election anomalies, then the respondent Comelec, in and of itself, is more than adequately equipped to handle such investigation,” he said.

Arroyo said the preliminary investigation violated the independence of the Comelec by putting it under the power of the executive since the panel is chaired by Prosecutor General Claro Arellano, an official of the DOJ.

“The creation of the joint committee, which fuses the Comelec – a constitutionally independent body – with the DOJ – a political agent of the executive – demolishes the independence of the Comelec as

provided in Article IX(A), Sections 1 and 2 and IX(C) of the Constitution,” he said.

Adjunct

“The respondent Comelec, as a constitutionally independent body cannot, even by its own volition, make itself an adjunct of the DOJ, an executive department whose head, respondent Secretary Leila de Lima, is a qualified political agent – an alter ego – of the President, subject to the President’s dictates, direction and demands.”

Arroyo said the Constitution expressly provides that the Comelec, like all other constitutional commissions, shall be independent.

“In the present scheme, however, respondent Comelec has willingly surrendered its independence to the respondent DOJ and must share its exercise of judgment and discretion with the executive branch, through the DOJ. This cannot be!”

Arroyo said a joint probe is not necessary because the DOJ and Comelec have concurrent jurisdiction to

investigate charges of election fraud under Republic Act 9369.

Arroyo said the investigation is political persecution and should be stopped.

He cited public pronouncements of

Aquino, De Lima and Comelec Chairman Sixto Brillantes Jr. that cases should be filed against Representative Arroyo before the end of this year.

Evasion

De Lima, for her part, said Arroyo’s legal action proves his intention to evade the process of accountability.

“Why are they doing these things?” she asked.

“(They’re) blocking the determination of their accountability using technical reasons like composition of the joint panel.

“This is yet another attempt to frustrate the whole

process.”

De Lima said the creation of the joint panel was legal.

“We deemed it legally expedient to form a joint committee since the alleged acts of electoral fraud are a combination of election offenses and violation of penal laws,” she said.

Comelec: We’re independent

Meanwhile, the Comelec yesterday belied the accusation of Mike Arroyo’s camp that the poll body had lost its independence when it partnered with the DOJ in investigating poll fraud.

“The Comelec is not being subordinate to anyone’s agenda. The Comelec has its own agenda, which is to protect our integrity,” said Comelec spokesman James Jimenez.

Jimenez also denied that Chairman Brillantes had made statements that Arroyo and his wife will be jailed before Christmas.

“To clarify, chairman Brillantes never said that they will be jailed by Christmas. He never said that. He was asked if it was a fair statement to say that they will be jailed by Christmas, to which the chairman said we hope it will be concluded by then,” he added.

Jimenez assured the public that the Comelec is “not singling out anyone” while teaming up with he DOJ. He, however, refused to comment on other arguments raised by Arroyo’s camp in the petition.

Edu Punay, Philippine Star