The Commission on Elections (Comelec) has subpoenaed three officials of the National Telecommunications Commission (NTC), telling them to submit their counter-affidavit on the case filed against them for alleged violations of the Fair Election Act and the Omnibus Election Code.
Through its Law Department, the poll body ordered NTC chief of adjudication division Nilo Lozada, chief of radio spectrum planning division Roberto Tolentino, and head of regulation branch Imelda R. Walcien to answer the case filed against them.
They allegedly violated the sections of the Election Code on the limitations on the expenses of candidates and other related election offenses, with just 16 days left before the May 9 general polls.
“You are hereby noticed that a complaint has been filed against you for alleged violation of Section 100 of the Omnibus Election Code of the Philippines, as amended by Republic Act. No. 7166, in relation to Section 262 of the Omnibus Election Code,” the subpoena said.
“Accordingly, and in compliance with Comelec Resolution No. 10673, you are hereby directed to submit the digital/scanned copy of your duly notarized Counter-Affidavit and other supporting documents or affidavits or witness/es if any in PDF on or before May 13, 2022, thru electronic email,” it added.
The poll body also warned that failure to comply with the subpoena shall be considered as waiver of their rights to present their defense, with the case to be submitted for resolution.
The subpoena served was in relation to the complaint filed by Emerald Investments Inc., a shareholder of Now Telecom Company Inc., against the NTC officials for setting a hearing during the election period, which requested for the recall of all radio frequencies assigned to
Now Telecom.
The questioning hearing for the NTC complaint against Now Telecom is scheduled on Monday, April 25.
Emerald said in its complaint-affidavit filed on April 19 that “any threat of suspension or cancellation of Now Telecom’s radio frequencies will not only disrupt its operations and jeopardize its business, but will also cause undue prejudice to its shareholders, including Emerald.”
Emerald holds a 12.8-percent interest in Now Telecom.
The criminal complaint alleged that the act of the NTC respondents “in giving due course and setting for hearing the complaint dated Jan. 21, 2022 filed against Now Telecom, which sought to recall all the assigned radio frequencies,” violates Section 6.4 of the Fair Elections Act, which prohibits the cancellation or suspension of a legislative franchise during the election period.
The Omnibus Election Code provides a penalty of imprisonment of one to six years, without probation, for election offenses. If convicted, an
accused will also suffer from accessory penalties such as disqualification to hold public office and deprivation of his/her right of suffrage.
Section 100 of the Omnibus Election Code says in part: “Limitations upon expenses of candidates. – No candidate shall spend for his election campaign an aggregate amount exceeding one peso and fifty centavos for every voter currently registered in the constituency where he filed his candidacy.”
