Former Maguindanao Election Supervisor Lintang Bedol gestures to the media during a press conference at the COMELEC headquarters in Manila. Photo by Ron Dorendo for abs-cbnNEWS.com

Too early to say if Bidol can be state witness, says De Lima

MANILA, Philippines - Justice Secretary Leila de Lima on Tuesday it is too early to say if former Maguindanao election supervisor Lintang Bedol will be used by government as a state witness in any case that may be filed against certain personalities for the alleged massive electoral fraud in 2004 and 2007.

De Lima said said Bedol's culpability must first be determined before he is considered as a possible witness.

"Hindi pa natin alam kung mag-qualify siya as a state witness. Depende uli yan sa kanyang participation. Kasi dun pa lang sa pagtago ng mga dokumento, yung hindi pag-produce ng mga dokumento na yan at the proper time -- and the proper time was before, when there was a canvassing of the senatorial votes, that was the proper time -- yung hindi pag-produce, that's already a violation of law. That's already an election offense," de Lima said.

"Lalo pa kung ang pag-uusapan natin is the dagdag-bawas(vote shaving-vote padding). How massive was the dagdag-bawas? Paano nila ginawa yun? At kung totoong mayroon siyang mga kopya... ang naririnig natin, nandun sa kanya yung first copies, copy number 1. So saan yun?"

"Our instruction from the President is not to be making pronouncements or declarations on specific information or on specific plans kasi  nasa process pa nga lang kami ng pag-eevaluate ng lahat ng yan.  Totohanan ba yan lahat? Legitimate ba yan? Credible ba yan?  Wala bang mga hidden agenda?

"Pero irrespective kung may hidden agenda, may patutunguhan ba yan?"

De Lima said Bedol should also be able to sufficiently explain why he surfaced only now.

"It's a very valid question. I also want to know that. Kasama yan sa magiging imbestigasyon.

"Kaya may I also clarify na even if napabalita na prepared naman ang DOJ to investigate, hindi pa tayo makapagdesisyon ngayon kung talagang ang DOJ ang mag-iimbestiga kasi iba-iba na ang mga institusyon ang nagsasabi na interesado sila like Senate, House and COMELEC (Commission on Elections).

"And I think [ang] COMELEC tama lang na mag-iimbestiga. It's an independent constitutional body so it can do its own investigation and there's no question to that.  Sa executive department, depende na rin yan."

Objective of probes
 
The justice chief said the main point in all these efforts is to prosecute those who should be held liable for the alleged electoral fraud and electoral sabotage.

"Sa sinasabi ni Senator (Juan Ponce) Enrile and tama talaga yun, na lahat ito ang talagang end result nito, ang main objective nito is yung prosecution. Mayroon bang pwedeng panagutin, mayroon bang pwedeng file-lan ng kaso.

"The objective here is not really to declare who the real winner or winners were in both the 2004 and 2007 elections. Lalo na yung 2004, we cannot undo that anymore. There's nothing we can do now na mapabalik yun kasi tapos na yun. Yung 2007 naman, nandyan ang SET (Senate Electoral Tribunal). Ang SET ang may kapangyarihan at may mandato to declare who between Koko Pimentel and Migz Zubiri ang nanalo for the 12th slot.

"So any investigation now, ang aim is anong klase, gaano kalawak na pandaraya, especialy the dagdag-bawas, ang nangyari in both 2004 and 2007. I think everybody wants to know that. Lalo na wala pa tayo napapanagot tungkol dyan."

Need for independent evidence

All of Bedol's claims and that of suspended Autonomous Region in Muslim Mindanao (ARMM) Governor Zaldy Ampatuan's on the alleged massive poll fraud must be carefully evaluated vis a vis independent evidence that may bolster or corroborate their claims, de Lima said.

"Ang take ko dyan, I don't think it would be wise for us to just rely or aasa lang kay Zaldy Ampatuan at Lintang Bedol. Kailangan, when the government decides na magkaroon na, buksan na yung formal investigation, kailangan nandyan na rin yung mga supporting and corroborative evidence, both testimonial and documentary. Hindi kami aasa kay Zaldy Ampatuan saka sa ebidensya na pupwede niyang ibigay, kailangan may mga independent sources also of evidence," she said.

Government will also carefully study whether allowing Ampatuan to serve as witness in the electoral fraud case as well as other cases where Ampatuan claims to have vital information on will compromise the Maguindanao massacre case trial.

"The practical effect, kasama yan sa pag-aaralan," she said.

Asked if those who may have provided refuge to Bedol may also be held liable, de Lima said the question warrants an evaluation considering that the efficacy of the original warrant of arrest issued by the COMELEC under former Chairman Benjamin Abalos against Bedol has become "debatable."

"We can say ina-admit ng COMELEC na hindi na pala yun legally effective kaya nga sila nagpalabas ng bago, ng alias warrant of arrest, that's number 1. Number 2, the objective, the motive of those media personalities who were able to access Bedol," de Lima said.

Objective of media entities able to access Bedol

"Ano ba yung pinaka-motibo nila? Is it really just to extract information or is it to protect him, to provide the shield from the law dahil nga fugitive from justice siya. So kasama yan lahat, I have no categorical answer to that."

De Lima said a case for electoral sabotage may be filed against those behind the alleged massive cheating in 2007.

"Yung electoral sabotage kasi is under Republic Act 9369  na noong 2007 naging batas so hindi pa siya applicable as of 2004. Your know, laws are generally prospective... mayroon pa naman ibang mga batas like Anti-graft and Corrupt Practices Act and Revised Penal Code," she said.

The justice chief has ordered her legal staff to provide her a list of all possible provisions of law that may be cited as a possible basis for a criminal charge prescinding from both the 2004 and 2007 elections.

"I'm sure mayroon yan. Sa Revised Penal Code, top of the head, falsification of public documents. If you do dagdag-bawas,  that's falsification of official documents," she said.