Comelec has power to file raps vs. pols' goons: SC

By Benjamin Pulta

November 13, 2018, 5:19 pm

MANILA -- The Supreme Court (SC) on Tuesday affirmed the Commission on Elections' (Comelec) decision to apply its rules against coercion, illegal firearms and threats, in a case involving poll-related violence in Tampilisan, Zamboanga del Norte two years ago.

In its decision, the High Court said the petition filed by 19 individuals, including Mayor Angeles Carloto, failed to show that the Comelec had abused its discretion amounting to lack or in excess of jurisdiction in issuing its Nov. 21, 2017 Minute Resolution No. 17-0685 and June 26, 2018 Minute Resolution No. 18-0528-1.

In the assailed resolutions, the poll body found probable cause to charge the petitioners for violations of Section 261 (e) of the Omnibus Election Code, which classifies as an election offense any person who employs threats, intimidation, terrorism, use of fraudulent device or any other form of coercion; as well as Section 32 (“Who May Bear Firearms”) of Republic Act No. 7166 in relation to Comelec Resolution No. 10015 containing regulations, which, among others, banned the bearing, carrying, and transportation of firearms and other deadly weapons during the 2016 elections.

Alson G. Chan was Carloto's opponent in Tampilisan town's mayoralty race.

Shots were fired at Chan's election headquarters, and he was arrested by men in fatigue uniform, and detained at the PNP provincial office, which he claimed prevented him from campaigning in the crucial period of the election.

Aside from the incumbent mayor, Carloto likewise named in the charges Chief Insp. Roldan C. Molate, PO1 Lenz Jasser Rada Fabillar, Senior Insp. Alexis M. Bahunsua, PO2 Jimmy Q. Panganiban, PO3 Jeffrey R. Natividad, PO1 Ryan F. Quilaton, PO2 Eliaquim M. Taman, PO1 Katherine G. Benedicto, Angeles R. Carloto II, Generico R. Jauculan, Victory R. Gegrimosa, Marlou D. Buenafe, Richard B. Halupay, Marlon C. Andes, Pablo Jr. Benavides, Rolando G. Parami, Federico M. Rapal Jr., Sally N. Rejas, and Bernandita A. Gulagula.

Killed during the shootout was Police Senior Insp. Mirdan Usama, team leader of the 1st Maneuvering Platoon of the Regional Public Safety Battalion.

The Philippine National Police (PNP) earlier said it has begun preparations for next year's mid-term elections, including taking a closer watch on incumbent officials, particularly their compliance with the so-called Alunan doctrine, which limits the number of bodyguards to a maximum of two.

The preparations also include the enhanced Oplan Sita and police checkpoints in areas of responsibility of police territorial units.

During last May's elections, the PNP kept watch over 7,916 hotspots in the country, with 619 categorized under the “red level” or areas deemed as the most critical among election hotspots; 4,972 under the “orange level” or areas with a high presence of armed and rebel groups; and 2,325 at “yellow level” or those that have a history of election-related violence. (PNA)

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