SC affirms Comelec indictment of Zambaonga mayor on election offenses

MANILA, Philippines — The Supreme Court affirmed the Commission on Elections finding of probable cause to charge the mayor of Tampilisan, Zamboanga del Norte and police officers for the violation of the election gun ban and for making threats in the 2016 national elections.

SC spokesperson Maria Victoria Gleoresty Guerra said on Tuesday that the court junked the Petition for Certiorari with a Prayer for the Issuance of Temporary Restraining Order and/or Writ of Preliminary Injunction for failure to show that the Comelec committed grave abuse of discretion in its November 2017 and June 2018 resolutions.

Tampilisan Mayor Angeles Carloto II and 18 others went to the SC to assail the poll body’s resolution that charged them with election offenses.

The November resolution adopted its law department’s recommendation to indict Chief Inspector Roldan Molate and several others over their alleged use of threats and intimidation, and their alleged carrying of firearms.

The June resolution junked the petitioner’s motion for reconsideration.

SC: No grave abuse of discretion

“The Court held that records show that the Comelec did not commit grave abuse of discretion in finding that petitioners may probably be guilty of the charges,” the SC statement read.

“It further held that, petitioners’ assertions are matters of defense which can be properly threshed out in a full-blown trial,” Guerra added.

The case stemmed from the allegations of Alson Chan, a mayoral candidate running against Carloto, that his election headquarters was fired upon and that he was arrested by men wearing fatigue uniforms and detained at the police’s provincial office. He said that being held in the police’s office prevented him from campaigning in a “crucial” period in the election.

The SC spokesperson said that the SC has no information whether the case prospered in lower courts, however.

Guerra, in the press conference, noted: “I think the Court authorized the announcement of this resolution to show its support for peaceful and orderly elections.”