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Comelec to invite Garci, other execs in probe of 2004 poll fraud


UPDATED 9:30 a.m. - Even though he insists he knows nothing about alleged cheating in the 2004 elections, former elections commissioner Virgilio Garcillano will still be invited to testify in a joint investigation of the Commission on Elections (Comelec) and the Department of Justice (DOJ). Aside from Garcillano, the Comelec will also invite Zambales Gov. Hermogenes Ebdane Jr. to its probe, said Comelec chairman Sixto Brillantes Jr. in an interview over dwIZ radio on Monday. Brillantes said Garcillano will first be invited as a witness, but may be charged in court once evidence linking him to poll fraud emerges during the probe. “Sa ngayon ang status ni Garcillano, he does not have any outstanding warrant as far as we know, so he cannot be compelled to appear in any investigation. Kaya lang, sinasabi ko is we can invite him to come in as witness," Brillantes said. Ebdane, on the other hand, had been implicated in the mess by former police Special Action Force operatives led by Senior Superintendent Rafael Santiago. Santiago and his group said they were part of the 15 police Special Action Force (SAF) men that carried out the January 2005 "special operation" to replace ERs stored inside the Batasan Pambansa in Quezon City. For his part, Ebdane, a former chief of the National Police admitted being "hurt" by the allegations of Santiago, whom he considered as his "son." "Pangatawanan niya ang ginagawa niya. At kung sakaling balang-araw kailangan niya ng tulong ko, bibigay ko pa rin sa kanya bilang anak," Ebdane said in a report aired on GMA News TV's "Balitanghali" on Friday. Lintang Bedol first to be grilled Meanwhile, Brillantes hinted that former Maguindanao poll supervisor Lintang Bedol will be the first to be grilled in its probe of poll fraud, will be the first to be grilled in the joint investigation of poll fraud by the Comelec and the DOJ. “Initially naka-lineup most probably si Bedol na hawak namin. Nariyan ang tatlong witnesses na dala niya. Meron pa kaming ibang nakuha na lalabas din at di namin announce for security purposes, ayaw namin mag-announce mahirap kung banggitin namin pangalan pati media nadadamay na," Brillantes said. Brillantes said former President and now Pampanga Rep. Gloria Arroyo and her husband, former First Gentleman (FG) Mike Arroyo may also be invited to become as witnesses later, once more direct evidence linking them to poll fraud emerges. “Pag na-link directly si FG at former president they will be subpoenaed kasi election offense ito. They will be treated as respondents and have to come out to respond to the charges kung ma-link sila ng witnesses at dokumento," Brillantes said. Subpoena for Garcillano? Meanwhile, Brillantes said while the Comelec can issue a subpoena for Garcillano if it finds evidence linking him to poll fraud, Garcillano can still choose to ignore it. The Comelec does not have the authority to cite anyone in contempt, Brillantes explained. He said the Comelec can only file charges against Garcillano before the court, which can then issue a warrant for his arrest. “Kung may imputation may kasalanan siya at hindi siya nag-submit ng counter-affidavit e di isasampa namin sa husgado yan. We will probably find probable cause against him at husgado na ang mag-issue ng arrest warrant against him," he said. On Saturday, Garcillano told a press conference in Bukidnon that he had no part in any cheating in the 2004 elections and even offered to “help" the government reform the electoral system. Garcillano is a central figure in the “Hello Garci" scandal that broke out in 2005, involving taped conversations that allegedly recorded the voices of Garcillano and several personalities, including that of former President Gloria Arroyo. Brillantes, who was an election lawyer for Arroyo’s late presidential rival Fernando Poe Jr., said he was not surprised that Garcillano would deny any hand in cheating. “Hindi ko naman ine-expect na hindi siya magde-deny. Hindi siya aamin in public sa presscon may kasalanan ako, ako yan," he said. Santiago, other cops still respondents On Santiago and the other cops who have come out to claim that they took part in the alleged operation to cover up the widespread cheating in the 2004 presidential elections are still regarded as respondents, Brillantes said. “They can be exonerated if they turn out to be state witnesses later. But hindi sa preliminary investigation ang nagde-determine ng state witness is husgado na," Brillantes said. On Friday last week, Santiago apologized to Filipinos for having been involved in the alleged switching of original election returns (ERs) with fake ones to hide the widespread cheating in Mindanao to ensure Mrs. Arroyo's victory in the 2004 polls. "We'd like to extend our apology to the Filipino nation, especially to Madame Susan Roces for the error. And at this point we are trying to rectify. We know that our lives are at risk here, our families. We know we are facing powerful people but there will be no turning back. The truth shall set us free," said Santiago. Actress Roces is the widow of the late action star Fernando Poe Jr., the closest rival of Arroyo in the 2004 presidential elections. Poe had claimed that he was cheated of victory by then President Gloria Macapagal-Arroyo. Poe died in December 2004, months after the elections. Comelec-DOJ probe likely to last 6 months Meanwhile, Brillantes, in a separate interview over radio dzBB on Monday, said the joint DOJ-Comelec probe may take six months to finish, not including the court proceedings, which he said may take longer. "This will not take more than six months; six months tapos na kami. Ang kukuha ka ng conviction medyo mahaba-haba na yan," he said.- VVP, GMA News
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