SEVERAL days before his scheduled arraignment former Commission on Elections Chairman Benjamin Abalos Sr. asked the Pasay City Regional Trial Court to junk the electoral sabotage case filed against him in connection with alleged fraud in the 2007 mid-term elections.

Abalos stated in his motion to quash that the Comelec erred in filing the case before the sala of Pasay City RTC Branch 11 Judge Jesus Mupas which has no jurisdiction over the suit and the proper venue is the Sandigabayan.

Abalos argued that the acts he may have allegedly committed in violation of election laws as cited in the case during his tenure as Comelec chairman would always be in relation to his office and as such the case should have been filed with the anti-graft court.

The elder Abalos was appointed chairman of the Comelec in 2004 by former President Gloria Macapagal Arroyo, who is also his co-accused in the electoral sabotage case.

Abalos argued that this was clearly stated in Republic Act 8429 or the Act Defining the Jurisdiction of the Sandiganbayan which provides that “The Sandiganbayan has exclusive original jurisdiction over other offenses of felonies whether simple or complex with other crimes committed in relation to their office by the public officials and employees.”

“Under Section 4 (a) and (b) of Republic Act 8249 the public officials and employees over which the Sandiganbayan has exclusive original jurisdiction for crimes of felonies committed by them including the position of Chairman and members of Constitutional Commission. Irrefutably, the accused was holding the position of Comelec Chairman, a constitutional commission,  during the alleged commission of the crime of electoral sabotage, a felony which is subsumed under those ‘offenses  or felonies’ whether simple or complex with other crimes allegedly committed in relation to the accused’s office,” the motion added.   Alvin Murcia