Palace welcomes suit vs 2 Comelec officials

Malacañang welcomed yesterday the filing of a petition before the Supreme Court questioning the appointment by President Arroyo of Commissioners Virgilio Garcillano and Manuel Barcelona Jr. to the Commission on Elections (Comelec).

Presidential Spokesman Ignacio Bunye said the filing of the petitions before the high tribunal Tuesday would give Malacañang the opportunity to put the issue to rest.

"The President acted within the law in the appointment of the two Comelec commissioners," Bunye said.

"Nevertheless, we welcome the case filed before the Supreme Court to resolve this issue with finality and put any related controversies to rest," he said.

Two private lawyers filed the petition Tuesday asking the Supreme Court to nullify Mrs. Arroyo’s appointment of Garcillano and Barcelona.

Petitioners Agripino Baybay III and Paulino Ungos III, who claimed they were representing a group called "Pro-Constitution," said the appointment was unconstitutional and made obviously for partisan purposes.

Baybay and Ungos also sought a temporary restraining order to stop Garcillano and Barcelona from assuming their duties and functions at the poll body.

Named respondents in the case were Executive Secretary Alberto Romulo, Garcillano and Barcelona.

The two petitioners said the SC should "put an end to Mrs. Arroyo’s use of her appointing power to ensure her victory in the coming May elections."

They claimed the "ad interim appointments" of Garcillano and Barcelona on Feb. 7 were invalid and irregular because of their constitutional defects.

Bunye maintained Mrs. Arroyo had not violated any law in the appointments.

While he insisted on the legality of the appointments, Bunye said the petitioners are entitled to question the appointments in the proper forum.

"We are in a democracy. Everybody is free to do what is in accordance with the law. For as long as they follow the law, it’s fine with us," Bunye said.

Bunye reiterated the willingness of Mrs. Arroyo to recall the appointments if critics can prove irregularities involving them or any other appointees.

The appointments drew criticisms from the opposition which pointed out Garcillano’s alleged involvement in previous election irregularities when he was regional director of the Comelec in Northern Mindanao.

Barcelona, on the other hand, reportedly has very close ties with First Gentleman Jose Miguel Arroyo and had made financial contributions to Mrs. Arroyo when she ran for vice president in the 1998 elections.

Re-electionist Sen. Aquilino Pimentel Jr., one of the 12 senatorial candidates of the opposition Koalisyon ng Nagkakaisang Pilipino (KNP), said that he can present witnesses to prove that Garcillano was involved in past election irregularities in Mindanao.