MANILA, Philippines - The impeachment complaint filed against Commission on Elections (Comelec) chairman Andres Bautista will have no effect on the ongoing electoral protest filed by losing candidate Ferdinand Marcos Jr. against Vice President Leni Robredo, her lawyer said.
“It has no effect,” Romulo Macalintal, one of the legal counsels of Robredo, said in an interview.
Marcos filed last year an electoral protest against Robredo, accusing her of massive electoral fraud. Marcos is seeking the manual recount and judicial revision of the votes in 36,465 precincts and the annulment of results in 2,756 other precincts.
Macalintal maintained there is no factual basis to doubt the results of the 2016 elections, noting that Bautista cannot by himself manipulate the results of the elections in favor of certain candidates.
The complaint filed against Bautista is based largely on the allegations of his estranged wife Patricia Cruz that he amassed illegal wealth.
Macalintal stressed the alleged evidence of hidden wealth of Bautista did not mention any act committed by the poll chief that had compromised the results of last year’s elections.
He also noted that Cruz never mentioned any alleged “commission” or “referral fees” received by Bautista for purposes of cheating or rigging the elections in favor of any candidate.
Comelec Commissioner Rowena Guazon also called on critics of Bautista not to connect the charges against the Comelec chief to the credibility of the 2016 elections “because there is no conspiracy.”
She also said the poll body even ordered a probe against automated election technology provider Smartmatic during the 2016 election.
Former Negros Oriental representative Jacinto Paras and lawyer Ferdinand Topacio filed the complaint against Bautista. It was endorsed by Reps. Gwen Garcia of Cebu, Abraham Tolentino of Cavite and Harry Roque of Kabayan.
Apart from alleged misdeclaration in his statement of assets, liabilities and net worth, the complainants also cited as ground for the criminal liability of Bautista the hacking of the Comelec website that led to the leakage of voters’ database as found by the National Privacy Commission.
They accused him of culpable violation of the Constitution and betrayal of public trust in the complaint, which was immediately endorsed by three representatives.
Wife may testify
House majority floor leader and Ilocos Norte Rep. Rodolfo Fariñas earlier raised what he saw as a novel issue in the case due to the legal doctrine of marital privilege in the rules of court that prohibits a spouse from testifying against the other.
But Topacio yesterday contested the opinion of Fariñas. Topacio argued that there is an exemption to such general rule on spousal privilege, citing the 2005 ruling on the case of Alvarez v. Ramirez.
“In the case, the Supreme Court said that the main purpose of the said rule is the preservation of domestic harmony and tranquility. Now then, if there is no more domestic peace to be preserved, the reason for the rule ceases and the wife may testify against the husband,” he explained in a statement.
“In the case of the Bautistas, it cannot be gainsaid that they have been estranged for some time and in fact, have filed cases against each other. Therefore, spousal privilege no longer applies,” he added.
Topacio said this means Bautista’s estranged wife may testify in the impeachment proceedings.
Poll employees warned vs rallying
Guanzon also cautioned Comelec employees against joining rallies in support of Bautista.
In an interview over radio dzBB, Guanzon said government employees are prohibited from holding rallies during office hours.
“If you will just wear red shirt to show your support for the chairman, it is OK – but to rally and shout inside the Comelec building, that is a violation of civil service rules,” she added.
Guanzon also advised Comelec directors against encouraging their subordinates to join rallies in support of Bautista.
“There are even lawyers who shout as if they are in the market. We are public officers and we should conduct ourselves with dignity and behave,” she added.
Guanzon maintained that there is nothing personal in the demand of the six Comelec commissioners for Bautista to immediately take a leave of absence or resign.
She said Bautista could no longer perform his duties because of the numerous issues he is facing.
For instance, the National Printing Office was forced to stop the printing of ballots for the coming barangay and Sangguniang Kabataan elections because Bautista has yet to sign the necessary memorandum of agreement.
Guanzon said Bautista need not worry because the six Comelec commissioners are capable of managing the poll body. And when they issued a statement calling on Bautista to take a leave, they were merely looking after the interest of the Comelec. – With Edu Punay, Mayen Jaymalin, Sheila Crisostomo