MANILA, Philippines --- Commission on Elections (Comelec) Chairman Sixto Brillantes said Manila Vice Mayor Isko Moreno did not violate any election laws when he and other councilors organized a bingo game over the weekend.
“As far as the Omnibus Election Code is concerned, there was no violation. I cannot see if there are any violations since it is not yet their (local candidates) campaign period. They can do whatever they want as of now,” he said in an interview.
Republic Act 9369 states that “any person, who files his certificate of candidacy, shall only be considered as a candidate at the start of the campaign period.”
Similarly, it says “unlawful acts or omissions applicable to a candidate shall take effect only upon that start of the campaign period.”
The campaign period for those running for local positions begins March 29.
Brillantes said he does not see anything wrong even if the names of the candidates in the party of Moreno were plastered at the back of the bingo cards distributed last Saturday to about 2,000 Manila residents.
“Yes, even if they shout at the people to vote for them, it is not prohibited by the law. There is no more premature campaigning,” he said.
But Brillantes said it’s a different story when the event becomes a fund-raising activity.
“As a fund raising activity, it is prohibited but I think it is the bingo organizers that offered money as prizes and gave food just like in political rallies. It’s mainly a come on for people to go there,” he said.
Last Saturday, Moreno and five city councilors were arrested in Sta. Cruz, Manila for allegedly hosting an illegal gambling activity, particularly bingo.
Yesterday, arresting policemen claimed they were harassed by Moreno’s camp, including former President Joseph Estrada, a Manila mayoral candidate.
In a press briefing at the Manila City Hall, Inspector Eduardo Morata showed his uniform that was torn during the scuffle that ensued why lawmen were arresting Moreno and the councilors. Morata also showed a bruise on his wrist.
Morata also said he was harassed by Estrada at the City Prosecutor’s Office.
“I was standing and former President Estrada was here (pointing to his left) and he was punching me and was asking me to tell the truth,” Morata said.
“Pag di ka nagsabi ng totoo, pag naupo ako, tatlong buwan na lang kayo. Sumagot po ako, huwag n’yo po akong saktan. Nasasaktan na po ako, eh. Si Piskal nakita niya yung pangyayari so pinalipat niya ako,” Morata added.
But Morata said he has no plans of filing charges against Estrada.
Manila Mayor Alfredo S. Lim reiterated he did not order the policemen to arrest Moreno and the councilors but he vowed to support the policemen and plans to even give them a citation for doing their jobs. He also promised to provide the arresting policemen a lawyer should Moreno’s camp file charges against them.
According to Morata, they received a call that a bingo will be held with a corresponding cash prize that ranges from P500 to P15,000. Morata said they have asked the councilors not to push through with the numbers game as it constitutes a violation of PD 1602 that prescribes stiffer penalties on illegal gambling.
“We went to the place and I saw that the representatives of the councilors. A lawyer who introduced himself as a staff of councilor Bernie Ang came to me and I told him that Bingo is not allowed. He said they have permit. But I told him that if there is prize money involved, it is not allowed. But he said ‘the prizes are already here so just to continue this, we will just raffle them.’ We had an agreement so I left. But I received another call that said the councilors have pushed through with the bingo,” he said.
Morata said two councilors even challenged him to arrest them.
Superintendent Ricardo Layug, Station 3 commander, said Moreno provoked the policemen into arresting him. “He took the microphone and asked the residents if they want to push through with the bingo and see whether the police will arrest them. “Nagpahanap siya ng bolillo. Somebody produced the bolillo and he told me, “Colonel, arrest me now.” So I told him, you make a draw so that it will be consummated. One of the councilors made the draw and that’s when we started to arrest them, Layug said.
But Layug said policemen also secured Moreno and the councilors from broken glasses and stones thrown from the crowd.
A separate interview with barangay chairman Peter Norman F. Viray of Barangay 374, Zone 38, where the bingo was held, he said the councilors did not secure a permit for the activity.
Meanwhile, Estrada said he is not convinced that the members of the Manila Police District acted on their own and Moreno’s arrest had no consent from Lim.
“I was a mayor for 17 years. I know that policemen take orders from the mayor,” the former President said.
The former President added that Lim even violated his own slogan, “The law applies to all, otherwise none at all” for ordering policemen to stop the bingo game and detain the city officials.
Their alleged crime was their involvement in “illegal gambling” by sponsoring a bingo game that drew some 500 people in the city’s Blumentritt area.
Estrada said his rival in the May elections gave an “unlawful” order for the arrest of his vice mayor and some members of his camp.
“As a lawyer, he should study first his orders... It should be lawful so that the people will be protected,” Estrada said.
He also took a swipe on Lim by paraphrasing the latter’s slogan, “The unlawful law only applies to my opponents, otherwise none at all.”
For his part, Moreno answered the issues hurled against him and the councilors, saying that they did not violate any law in sponsoring a bingo game in Sta. Cruz, Manila.
Moreno said they were released from detention because of insufficiency of evidence. (With reports from Jenny F. Manongdo and Raymund F. Antonio)