(Eagle News) — The Supreme Court on Tuesday, Nov. 13, sided with the Commission on Elections in its decision to file charges against an erstwhile municipal mayor in Zamboanga del Norte and several others for the allegedly unlawful arrest and detention of a man who was supposed to run against him in the 2016 elections.
In a media briefer, the SC said the en banc dismissed the petition for certiorari with prayer for the issuance of temporary restraining order and/or writ of preliminary injunction filed by then-Tampilisan, Zamboanga del Norte mayor Angeles Carloto and 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, 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 in an attempt to stop the implementation of the Comelec’s November 21, 2017 Minute Resolution No. 17-0685 and June 26, 2018 Minute Resolution No. 18-0528-1.
In the first resolution, the Comelec adopted the recommendation of its law department to indict Carloto and the group for violations of Section 261 (e) of the Omnibus Election Code and Section 32 of Republic Act No. 7166.
Section 261 of the election code classifies as an election offense any person who employs threats, intimidation, terrorism, among others, while Section 32 of Republic Act No. 7166 in relation to Comelec Resolution No. 10015 specifies who could only bear arms during the election period.
In the second resolution, the Comelec denied the petitioners’ motions for reconsideration.
Both Comelec resolutions were issued by virtue of a complaint filed by Alson G. Chan, a candidate for the position of mayor of the municipality of Tampilisan under the Nacionalista Party and its local party, Alliance for Peace and Progress, during the 2016 elections.
Chan alleged that during the election campaign, shots were fired at his election headquarters, and he was nabbed by men in fatigue uniform and detained at the Philippine National Police Provincial Office.
He said this prevented him from campaigning in the crucial period of the election.
According to the SC, the Comelec “did not commit grave abuse of discretion in finding that petitioners may probably be guilty of the charges.”
It also said that the claims of the petitioners are “matters of defense which can be properly threshed out in a full-blown trial.”
