Comelec exec removed from poll fraud probe panel

(Updated 7:38 p.m.) A Commission on Elections (Comelec) executive has been removed from the panel that will probe allegations that cheating marred the 2004 and 2007 elections, the poll body chairman said Friday. In a phone interview with GMA News Online, Comelec chairman Sixto Brillantes confirmed that they have decided to remove lawyer Ferdinand Rafanan from the Comelec-Department of Justice (DOJ) panel. "Tinanggal na namin siya sa DOJ-Comelec panel (tasked) to investigate the 2004, 2007 elections," he said. He said the unanimous decision was made during a special en banc meeting Friday morning when he and five commissioners voted in favor of the removal. He said only Commissioner Elias Yusoph did not cast a vote as he was out of the country. The Comelec chief said one of the reasons Rafanan was removed was because he repeatedly refused to follow the instructions of the Comelec en banc. Rafanan was earlier removed from his position as head of the Comelec law department while he participated in the DOJ-Comelec panel. However, Brillantes said Rafanan refused to let go of his old position, even issuing a memorandum as law department head even after he had agreed to leave the post. "Kinokontra niya lahat ng orders namin, 'di niya sinusunod. Gusto niya nasa Law Department siya at nasa DOJ-Comelec panel siya. Sabi namin 'di pwede. Nung Wednesday sabi niya payag siya, nung Thursday nagbago isip," he said. "Sabi namin 'di talaga siya marunong sumonod. Mahirap kausap... talagang matigas ulo," he added. Rafanan refused to stop speaking to the media against the Comelec, Brillantes likewise said. "Kung meron siyang mga problema, i-discuss namin, 'wag sana siya tumatakbo agad sa media," he said. Being pressured Comelec spokesman James Jimenez said Rafanan was also issuing statements that he was being pressured by certain individuals to clear some personalities involved in alleged poll fraud. "(So) parang may duda na if he will be able to do the work effetively," he said in a separate phone interview Friday. As such, Brillantes said they also decided to permanently remove him as head of the Comelec Law Department. He noted, however, that they will transfer him to another department and give him "more or less" the same rank. Brillantes said he told Rafanan about their decision on Friday afternoon, which he said the former Law Department head accepted. "Tahimik lang siya, nakikinig lang siya," he said. Contacted by GMA News Online, Rafanan refused to make a comment, saying he was ordered not to talk to the media. "Pinagbabawalan ako magsalita sa media," he said in a separate phone interview on Friday. But the poll body chief denied issuing any order that would prohibit Rafanan from talking to the media about his removal. "Hindi, he can talk about it... Wala kaming pinagbawal, sabi lang namin 'wag ka magsalita sa media na sinisiraan mo ang Comelec," he said. Jimenez said they have yet to decide on who will replace Rafanan in the investigation panel. "[The replacement] will be named next week," he said. — RSJ/VS, GMA News