Timing of Comelec-DOJ panel: It was 'serendipity'

"Serendipity" was how the COMELEC spokesman described the timing of the joint panel that finished its investigation just in time to stop former President Arroyo from fleeing. But if the Supreme Court invalidates the joint COMELEC-Department of Justice panel, then the case against Arroyo might be adversely affected, COMELEC spokesman James Jimenez said on Monday. "Obviously kapag napawalang-bisa o nanullify ang existence ng ating joint panel, then that might have adverse affects dun sa kaso na finile namin," Jimenez told anchor and GMA News Online editor-in-chief Howie Severino in an interview aired over GMA News TV's "News To Go" on Monday. Last Friday, the Comelec filed an electoral sabotage case against Mrs.Arroyo, Maguindanao Gov. Andal Ampatuan Sr. and former Maguindanao election supervisor Lintang Bedol. On the same day, the Pasay City Regional Trial Court Branch 112 issued warrants of arrest against Arroyo, Andal Sr., and Bedol. The camp of Mrs. Arroyo has asked the SC to junk the electoral sabotage case and warrant of arrest. It is also expected to challenge the validity of the joint DOJ-Comelec panel before the Supreme Court. Jimenez said that if the SC rules in the Arroyo camp's favor, the case against the former Philippine leader might be affected because most of the pieces of evidence came from the joint panel's investigation. He said their primary evidence is the testimony of former Maguindanao provincial administrator Norie Unas, who said he overheard Mrs. Arroyo instructing Andal Sr. to ensure a 12-0 victory for the administration's senatorial bets in the 2007 polls. Unas served with the Ampatuans from 2001 to 2009. He also served as Andal Sr.'s close adviser and spokesman. Andal Sr. and his three sons, Andal Jr., Zaldy, and Akhmad, are implicated in the Nov. 23, 2009 massacre of 57 people in the province.

In the same television interview, Jimenez reiterated that they did not rush the filing of the case just to prevent the former President from leaving the country. "Hindi namin minadali... it's just that nung Friday handa na yung kaso bakit hindi mo pa ifafile," he said. He likewise said that there was no political pressure from higher ups for them to file the case immediately. "Priority talaga yan (yung kaso) but as far as political pressure is concerned that's a matter of speculation," he said. He added that it was just a "confluence of events" or "serendipity" that the joint panel finished its investigation just in time to stop the former Philippine leader from fleeing. "Maybe people don't believe in coincidence but at this point again any other motivation is a matter of speculation," he said. During the same interview, Jimenez explained that they filed the case before the RTC because it is the one with jurisdiction over election offenses, and not the Sandiganbayan. He also said that they were the ones who filed the case because they also have concurrent jurisdiction over the prosecution of election offenses. Electoral sabotage, a non-bailable offense if evidence if strong, is punishable with life imprisonment. — Kimberly Jane Tan/RSJ/HS, GMA News