Govt ‘laying down groundwork’ for poll fraud probe — De Lima

The Department of Justice is now “laying down the groundwork" for an investigation on the alleged irregularities in the 2004 and 2007 elections that supposedly benefited candidates associated with then-President Gloria Macapagal-Arroyo. “We are actually laying down the groundworks for an investigation, hindi na ito to declare who was the true winner," De Lima said on Tuesday during a Cabinet cluster forum held in Malacañang. “[Ito ay] para malaman ano ba ang naging dayaan, gaano kalawak at hanggang saan kataas yang kalokohan na yan. The most important is the accountability," she added. In a separate interview at the DOJ office in Manila, De Lima said the investigation will not rely solely on the statements of suspended Autonomous Region in Muslim Mindanao (ARMM) governor Zaldy Ampatuan and former election supervisor Lintang Bedol, who both claimed cheating occurred in the 2007 elections in Maguindanao. More evidence needed “I don’t think it would be wise for us to just rely on Zaldy or Bedol in digging up in the 2004 and 2007 elections. When the government decides to open a formal investigation, there should be supporting and corroborative evidence, both testimonial and documentary," she said. “That’s what i will advise the President — that we will not rely and that we should not just rely on Zaldy on the evidence he can provide. We also need independent sources of evidence," she added. De Lima, who headed the Commission on Human Rights (CHR) during the Arroyo administration, said they are now evaluating all the information reaching them and waiting for hard evidence such as a formal sworn statement, paper trail, statement of votes and certificates of canvass. She also said Ampatuan and Bedol’s statements should always be taken with a grain of salt. “Of course, for investigators, you should always scrutinize everything. You should always play the devil’s advocate." Ampatuan and Bedol both implicated Arroyo in the alleged cheating in Maguindanao, which supposedly benefited Sen. Miguel Zubiri, an Arroyo ally. Zubiri has repeatedly denied taking part in any election fraud. Legal options being studied De Lima said she has asked legal opinions to determine what charges can be filed stemming from Ampatuan and Bedol's possible testimonies. She said that electoral sabotage is an offense prohibited by Republic Act No. 9369, the Poll Automation Act of 2007. She said the law may not be applied to the 2004 poll fraud, because RA 9369 was not yet enacted that time. “Electoral sabotage is dagdag-bawas in a massive scale. Pwede yan for 2007, pero hindi pwede for 2004," De Lima said. She likewise said that there is a wide range of laws “that can be cited as possible basis for criminal charges prescinding from the 2004 and 2007 elections." These include the Omnibus Election Code, the Anti-Graft and Corrupt Practices Act, and the Revised Penal Code. “The Revised Penal Code can be a basis for falsification of documents. If you do dagdag-bawas, that's falsification of official documents," De Lima said. She admitted that they will not be able to undo what allegedly happened in 2004, where Arroyo supposedly cheated to win over the late actor Fernando Poe Jr., her closest rival that time. She said Bedol’s testimony would allow the truth to finally surface. - KBK, GMA News