Ex-Comelec chief Abalos insists on dismissal of P1.7M graft case

Former Commission on Elections Chairman Benjamin Abalos Sr. insisted that the graft case filed against him, based on the alleged anomalous purchase of vehicles worth P1.7 million in 2003, be dismissed.

In a two-page motion, Abalos asked the Sandiganbayan Sixth Division to allow him to submit another motion for reconsideration seeking the reversal of the court's May 18 resolution denying his earlier motion for reconsideration.

While a second motion for reconsideration is prohibited, Abalos said it may be allowed in cases of "extraordinarily persuasive reasons, and only upon express leave first obtained."

In his already-attached second motion for reconsideration, Abalos called a court ruling that he merely assumed the investigation for his case started in October 2008 "incorrect".

"Abalos did not make any assumptions as to when the investigation started. The investigation started in October 2008," his motion read, citing the date "October 9, 2008" indicated in the court's resolution as regards the "earliest admitted date of the Ombudsman's investigation."

Abalos said the Ombudsman's fact-finding investigation led to the drafting and execution of the 2008 complaint.

"Presumptively, allegations contained in a complaint dated October 9, 2008 were investigated earlier than October 9, 2008. How else could the Ombudsman execute a Complaint that was signed and notarized on October 9, 2008?" Abalos said in his motion.

Aside from this, Abalos said there was no inconsistency in his awareness of the investigation by the Ombudsman, contrary to what the court said in its resolution.

The court noted that in Abalos' earlier motion to quash, he stated that he was not able to assert his right to speedy disposition of cases "as he did not even know it existed."

But in his new motion, Abalos said he "knew in 2008 that the Ombudsman was conducting an investigation," as he did state it in his motion for reconsideration.

The Ombudsman likewise has not yet given a reasonable explanation for its inordinate delay in resolving the case.

"This is preposterous," his motion read. "From the fact-finding investigation in 2008 until the issuance of the second order in 2014, until the filing of the information in 2016, there was no additional documentary evidence or testimonial evidence."

"The fact remains that there was inordinate delay on the part of the Ombudsman in conducting its investigation of the case," it added.

Abalos was charged with graft for allegedly approving the purchase of two units of Toyota Revo VX200 worth P1.7 million without conducting public bidding in 2003. — Erwin Colcol/DVM, GMA News