THE Justice and Comelec panel investigating the alleged 2007 electoral fraud yesterday declared as submitted for resolution the electoral sabotage case filed against former president and now Pampanga Rep. Gloria Macapagal-Arroyo, her husband Jose Miguel, former election chairman Benjamin Abalos, and scores of other persons.

But lawyers of the Arroyo couple described the panel’s decision as “too hasty,” saying the Supreme Court is still resolving their separate petitions questioning the legality of the panel’s creation.

Attorneys Ben Santos and Ferdinand Topacio, lawyers of the Arroyo’s, asked the DOJ-Comelec panel, in a motion, to defer its proceeding and evaluation of the case as a matter of “judicial courtesy” to the SC.

But even this motion was junked by the panel, stressing the fate of the electoral sabotage case against them are now in the hands of the reviewing fiscals.

This developed, Abalos yesterday filed a petition before the SC also questioning legality of the DOJ-Comelec proceedings, saying the Comelec and lower courts -- not the joint committee -- has exclusive jurisdiction over the matter.

The other week, Mr. Arroyo filed a petition challenging the constitutionality of the panel’s inquiry into the alleged poll fraud. The former first gentleman stressed the panel’s investigation was violative of his right to due process and equal protection clause.

Meanwhile, former Justice Secretary Alberto Agra yesterday filed his counter-affidavit before the DOJ-Comelec panel and sought the immediate dismissal of the case. Agra was one of the respondents in the electoral sabotage case.

Agra stressed his only role in the 2007 polls -- referral to a private lawyer of a provincial election supervisor -- was “minimal, innocuous and, more importantly, completely legal.”