Tampilisan, Zamboanga del Norte Mayor Angeles Carloto II and Vice Mayor Generico Jauculan have been arrested by police after the Supreme Court (SC) upheld their indictment for violating the Omnibus Election Code during the 2016 polls.
The two were arrested along with their co-accused on Nov. 29 based on the warrant of arrest issued by Liloy town udge Oscar Tomarong.
The SC has issued a ruling which denied their petitions seeking a temporary restraining order and/or a writ of preliminary injunction against the Commission on Elections (Comelec) resolutions which found probable cause to indict them for violating the Omnibus Election Code.
The high court explained the petitions got denied “for failure to show that the Commission on Elections (Comelec) gravely abused its discretion amounting to lack or in excess of jurisdiction in issuing its November 21, 2017 Minute Resolution No. 17-0685 and June 26, 2018 Minute Resolution No. 18-0528-1.”
“The Court held that records show that Comelec did not commit grave abuse of discretion in finding that petitioners may probable be guilty of charges,” said the SC.
“It further held that, petitioners’ assertions are matters of defense which can be properly threshed out in a full-blown trial,” it added.
The case stemmed from the complaint of Alson Chan who tried to challenge in the 2016 elections Carloto who was running for reelection as Tampilisan mayor.
Chan alleged that during the 2016 election campaign shots were fired at his election headquarters and eventually arrested by men in fatigue uniform.
Chan said he was then detained at the Philippine National Police (PNP) Provincial Office which prevented him from campaigning during the crucial period of the election.