MANILA — Pasay Court handling the electoral sabotage against former Commission on Elections (Comelec) Chairman Benjamin Abalos set on March 5 the hearing for his bail petition.
Pasay City Regional Trial Court (RTC) Eugenio Dela Cruz of Branch 117 said the March 5 schedule will coincide with his arraignment after the prosecution was given three days to present its witnesses that would prove the guilt of the former Comelec chief in the alleged 2007 election sabotage.
Because of the decision of the judge upholding the request of the prosecution to present its witnesses, the bail petition was not heard on Wednesday.
But Abalos could not hide his disgust on Wednesday when his bail petition was denied after almost two hours of court deliberation.
When the judge went out of the court room Abalos asked the court stenographer why the next hearing was not set instead on Monday, adding it is his right to have a speedy dispensation of the case as he was encountering difficulties in jail.
“Karapatan ko naman magkapagpiyansa bakit ipinapatagal pa nila, may edad na ako ang hirap na nakakulong,” Abalos said
Girlie Abalos, daughter of the former Comelec chief, was appalled by the turn of events saying her father is already 78 years old and is not used to stay in one place because of his condition.
“Matanda na ang father ko ... at kailangan maglakad para hindi lumala ang sakit niya. Pantal-pantal na ang binti ng Daddy ko kasi hindi siya nakakalakad ng mahaba,” the younger Abalos said.
Earlier, Atty. Brigido Dulay, counsel of Abalos, told the court that if there is no sufficient evidence that will be presented by the prosecution then his client should be allowed to post bail because it is his right under the Constitution.
The prosecution though explained that the defense has a pending motion that is questioning the authority of the Pasay RTC to handle the case thus they are surprised why they are asking for bail.
They also asked the court to hear first the motion to quash that was also filed by the defense which Judge dela Cruz did not allow.
The prosecution explained on Wednesday before the court that they did not have enough time to present their witnesses because they should be subpoenaed first and many of them are from South Cotabato in Mindanao region.
When the judge asked the prosecution how many and who are their witnesses, only Comelec Deputy Director for Operations Bartolome Sinocruz was assured to be presented in the next hearing.
Sinocruz according to the prosecution will discuss the process of alleged poll cheating and after him they will present other witnesses.
Because of this the judge gave the prosecution up to Thursday, to give the list of witnesses that they will present in the next hearing and to also personally give a copy to the defense panel.
Meanwhile, more than 300 supporters of Abalos trooped to the Pasay City RTC on Wednesday wearing white-shirt with prints “Free Chairman Abalos”. (PNA)
DCT/CLTC
