Poll body to run after Garcillano over ‘Hello Garci’
Sunday, July 24, 2011
THE Commission on Elections (Comelec) will also run after former President Gloria Macapagal-Arroyo’s alleged partner, former poll commissioner Virgilio Garcillano, over the supposed electoral fraud in 2004 as revealed by the “Hello Garci” tapes.
In a phone interview, Comelec Chairman Sixto Brillantes believes that the prescription period for filing election offense cases has yet to lapse on the part of Garcillano since there has been no discovery yet of its supposed commission.
“On the part of Garcillano, hindi pa naman natin alam kung ano ang nagging participation niya dito e… Kasi hanggang ngayon, he is denying knowledge about it. Hindi raw siya yung nasa tape di ba? It has been constant denial from him,” said Brillantes.
He said, however, that the Comelec can still file an election offense case against the former poll official once it has established “the whole picture.”
Section 267 of the Omnibus Election Code states that election offenses shall prescribe after five years from the date of commission or upon its discovery.
Aside from the absence of the “discovery” of the offense, the former election lawyer also noted that the prescription period will not include the time when Garcillano supposedly left the country.
“Once you are out of the country, the prescription period will stop running,” Brillantes explained.
The “Hello Garci” scandal involves the discovery in 2005 of a recorded phone conversation supposedly between Arroyo and Garcillano talking about rigging the 2004 presidential poll results to swing it in her favor.
Just last week, the Comelec chair expressed belief that Arroyo can still be charged with an election offense despite the alleged electoral fraud happening almost a decade ago or beyond the prescription period.
This, Brillantes opined, is because the prescription period on Arroyo’s case should only start after she stepped down from office in June 2010 since she has immunity from suit being the president of the country.
Under the law, an election offense is punishable by one to six years imprisonment, removal of right to vote and get elected to public office.
Last week, Garcillano supposedly sent surrender feelers to Malacañang but denied any knowledge in purported electoral fraud operations in 2004.
The Comelec is already looking into the possibility of conducting an investigation on the supposed irregularities in the 2004 and 2007 elections.
This was after dismissed Maguindanao election supervisor Lintang Bedol surfaced after four years in hiding, armed with allegations of vote-padding and vote-shaving operations in the province in 2007. (AMN/Sunnex)
Source: http://www.sunstar.com.ph/manila/local-news/2011/07/24/poll-body-run-after-garcillano-over-hello-garci-168767
Philippines Pampanga Best Restaurant opens Wine Bar and Lounge in Clark Philippines, attracting wine lovers and tourist in Angeles City and Subic looking for good nightlife spot near Manila.
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