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Detained Pamatong appeals to Comelec


Detained lawyer Elly Pamatong on Thursday pleaded to the Commission on Elections (Comelec) to lift the contempt case filed against him after he called the poll body officials magnanakaws or thieves. "The passionate repartee of the petitioner was merely intended to make the commissioners realize the moral anguish caused by false accusation that the petitioner has made a mockery of the election process," read Pamatong’s motion for reconsideration.

Lawyer Elly Pamatong's invectives hurled at Comelec officials caused his detention at the Manila City Jail on Wednesday. Kim Tan
On Wednesday, Pamatong hurled invectives at the poll body's second division before they could even announce their decision on the disqualification case he filed against former President Joseph "Erap" Estrada. He was cited in direct contempt and was brought to the Manila City jail where he is to serve a 10-day sentence. "It was an utter disrespect to us that we have to react. We have to teach this person a lesson," said Commissioner Nicodemo Ferrer, who presides Comelec’s second division. But in his supplemental motion, Pamatong said he did not mean to cause disrespect to the poll body. "If the conscience is clean, no criticism can stir or blemish it," he said. He added that the thieves comment was "based on truth." "The Comelec was found guilty by the Supreme Court of the Mega Pacific multi-billion scandal and the truth that Estrada was finally convicted of plunder," he said, adding that there is "circumstantial evidence" that the present automation project was another scam.

Non-bailable Under the rules of court, direct contempt cannot be appealed and is punishable by 10 days imprisonment or a P200-fine. But Ferrer said that under the Comelec rules, contempt is non-bailable. Pamatong, however, still insisted on paying the fine. He even sent a messenger to the Comelec Clerk of the Commission on Thursday to deliver a P500 bill. "To jail for ten days and fine of P200 are unjust, oppressive, bizarre, and vengeful. Premises considered, imposition of P500 is the Solomonic or Win-Win Solution," he said in his motion. The receiving clerk just accepted the money and motion but was not sure yet what to do with it. On the other hand, Ferrer said they are contemplating on disqualifying Pamatong from joining elections perpetually. He said the poll body could also move to have him disbarred. 'Spike Boy' It wasn't the first time that Pamatong was censured and detained for his rambling statements and imprudent acts. In 2004, Pamatong earned the moniker “Spike Boy" after he and seven followers scattered on Manila’s thoroughfares metal spikes that punctured the tires of about 100 vehicles. Pamatong said he scattered the spikes to protest corruption in government and the decision of the Comelec to disallow him from joining the 2004 presidential race, which was won by President Gloria Macapagal-Arroyo. He was also excluded from the official list of presidential candidates allowed to run in the May 10 polls. - LBG/RSJ, GMANews.TV