In a 54-page petition, Cojuangco asked the SC to nullify findings of the Comelec’s law department to charge her with violation of Section 261 of Batas Pambansa Blg. 881 or the Omnibus Election Code and Republic Act 8436 as amended by Section 28 of Republic Act No. 9369 or the Automated Election Law.
According to the Comelec, Cojuangco, aunt of President Benigno Aquino III, and her co-accused conspired to steal and tamper official ballots to discredit the 2013 midterm elections.
Section 261 prohibits “destroying, substituting or taking away from the place where they are legally deposited, any election form or document or ballot box which contains official ballots or other documents used in the election.”
Meanwhile, Section 28 of R.A. 9369 prohibits the unauthorized use of stolen and tampered official ballots.
Cojuangco insisted the Comelec should be prevented from taking cognizance of the complaint-affidavits filed by former Comelec chairman Sixto Brillantes Jr. and alleged witness Worthy Acosta.
Cojuangco branded the complaint as a “political hatchet job,” adding it not only violated her right to due process, but also her right to free speech, among other rights.
“Other than the glaring fact that petitioner never committed the election offenses for which she now stands charged before the Comelec, the affidavits and the formal complaints miserably failed to raise an iota of basis for the filing of such horrendous and preposterous cases,” the petition, filed by Cojuangco’s lawyers, said.
“Sanctioning a manifestly false, perjurious, or vexatious affidavit/s filed in guise of initiating a complaint for election offenses, much less favoring the same by taking unwarranted action/s, as in the present case, is anathema to due process of law, and constitutes patent invasion of constitutionally protected though, speech, expression, and civil and political rights,” it added.
Cojuangco said the Comelec law department violated the 2004 Rules on Notarial Practice by sanctioning the administering of oath upon Brillantes and Acosta and then notarizing the affidavits through one of the poll body’s lawyers.
The complaint stemmed from the alleged offenses committed by the accused during the 2013 elections in Baguio City.
Cojuangco and her 13 co-accused, including former Comelec commissioner Augusto “Gus” Lagman, were charged with violation of Section 35 (a) of RA 8436 for “utilizing without authorization, tampering with and stealing of official ballots.” Four John and Jane Does from the Baguio City Treasurer’s Office were also included as co-accused in the case.
Cojuangco is the wife of President Benigno Aquino III’s uncle Jose “Peping” Cojuangco Jr.
Cojuangco and Lagman have been critical of the Comelec, particularly regarding the Precinct Count Optical Scan (PCOS) vote-counting machines that the poll body used in the midterm elections in 2013 and will use again in the 2016 national and local elections. —KBK, GMA News
