By: Herbie Gomez
9 February 2012
2010 ELECTION MESS AT 'BASURAHAN'
THE Commission on Elections (Comelec) has held former Cagayan de
Oro elections officer Gina Zayas Sabio liable in connection with the mysterious
dumping of election materials at the Carmen wasteyard in May 2010, ex-senator
Aquilino Pimentel Jr. said yesterday.
Pimentel filed a complaint against Sabio for violation of the
Omnibus Election Code nearly two years ago on behalf of Eduardo Homeres Sr., a
resident of Barangay Puntod.
"After one year and nine months of investigation, the
Comelec ordered the filing of criminal charges against Sabio over the dumping
of election materials at the Cagayan de Oro garbage site," said Pimentel. In a 21-page ruling last Jan. 24, the Comelec
en banc ordered the Commission's legal department to press charges against
Sabio.
"[The] Commission en banc resolves to hold that probable
cause exists against respondent Atty. Gina Luna B. Zayas-Sabio for
violation" of sections of the Omnibus Election Code, reads part of the
ruling. The resolution was signed by
Elections Chairman Sixto Brillantes Jr. and commissioners Rene Sarmiento,
Armando Velasco, Christian Robert Lim, Lucenito Tagle, Elias Yusoph and Augusto
Lagman. Copies of the Comelec decision
were sent to Homeres through Pimentel, Sabio, the provincial election
supervisor and the regional director of the Comelec last Jan. 28.
The Comelec en banc affirmed and adopted the findings and
recommendations of an investigator from the Commission's legal department on
July 11, 2011. The investigator recommended
the filing of criminal charges against Sabio before a regional court in the
city for violation of provisions in at least two sections of the Omnibus
Election Code.
In his complaint, Homeres held Sabio "directly liable for
having committed election offenses and criminal acts by reason of removal,
destruction, concealment of vital election documents and paraphernalia." Under the law, Homeres said, "these very
important documents are supposed to be in [Sabio's] legal custody for
safekeeping, preservation, and protection and should not be thrown away as
garbage."
In a May 2010 interview, Sabio maintained her innocence, and
said had no idea how sacks of election materials ended up at the city dump in
Carmen and a junkyard in Puntod.
The find sparked a controversy and raised serious questions on
the 2010 election victory of Mayor Vicente Emano who, based on Sabio's count,
was only ahead of his rival, ex-congressman Rolando Uy, by a little over
2,000 votes.
The polling materials were
taken by the Comelec to its Manila office after an inventory at the Parish
Pastoral Council for Responsible Voting headquarters at the Fatima church in
Barangay Camaman-an.
