CA reskeds hearing on habea data plea vs Comelec


Posted at Aug 22 2013 04:07 PM | Updated as of Aug 23 2013 12:07 AM

MANILA - The Court of Appeals Sixth Division has reset to August 27 the hearing on the petition for a writ of habeas data against the Commission on Elections.

The writ is to compel the poll body to produce all the available information concerning the alleged spying of the poll body on its critics.

This is in connection with the supposed P30 million intelligence fund given by the executive branch to Comelec.

The petitioners include former Comelec lawyer Melchor Magdamo, former Comelec commissioner Gus Lagman and lawyer Harry Roque.

Previously Lagman revealed the existence of the intelligence fund, noting he returned his share aas Comelec commissioner.

During Thursday's hearing, CA Justice Edwin Sorongonon, with the consent of both parties, agreed to a continuance since the judicial affidavits of the 3 petitioners were not given in time for today's hearing, where the 3 would have taken the witness stand to show the merit of their petition.

The respondents were not prepared to cross examine the witnesses. The petitioners, through counsel, said they only filed the affidavits of Roque and Magdamo today.

Copies were supposedly filed last Monday but was not properly routed.

Roque was absent during the hearing as he in an out of town trip.

Under the rules, the affidavits must be filed 3 days before so that those cross examining will have a chance to prepare their questions.

Another factor was the absence of a 3rd member, prompting the re-raffling of the 3rd seat in the 3-man division later Thursday.

Both sides were ordered to prepare for the cross examination.