Justify Comelec postings, Palace ordered

The Supreme Court (SC) ordered Malacañang and two newly appointed Commission on Elections (Comelec) commissioners to answer within 10 days a petition seeking the nullification of their appointment to the poll body.

In an order signed by Clerk of Court Luzviminda Puno, the SC gave Executive Secretary Alberto Romulo and Comelec Commissioners Virgilio Garcillano and Manuel Barcelona Jr. 10 days to comment on a petition filed by Agripino Baybay III and Paulino Ungos III, who alleged that the appointments were "unconstitutional and made obviously for partisan purposes."

The petitioners asked that a temporary restraining order be issued to stop the two commissioners from assuming their duties.

Ungos and Baybay said the SC should put an end to President Arroyo’s use of her power to appoint people to various positions in government, alleging that she will use this power to ensure her victory in the May elections.

The petitioners also claimed that Garcillano and Barcelona’s Feb. 7 interim appointments were invalid and irregular because of constitutional defects.

Baybay and Ungos added in their petition that the two Comelec officials were allegedly involved in some irregular activities and enjoyed close ties with the President’s husband, First Gentleman Jose Miguel Arroyo.

Malacañang earlier said Mrs. Arroyo is willing to recall the two Comelec commissioners’ appointments if there is solid evidence to prove they were involved in any irregularities.

Opposition Sen. Aquilino Pimentel had earlier accused Mrs. Arroyo of planning to use Garcillano to cheat in the May elections.

He said before the new official was appointed to the Comelec, Garcillano had a private dinner with Mrs. Arroyo last Jan. 21 "in which he reportedly boasted to the President that he could do a lot to help her win (a full six-year term)."

Pimentel, who claims he was a victim of dagdag-bawas in the 1995 senatorial elections, has accused Garcillano of involvement in such vote-padding/shaving operations and in the registration of fake voters in Mindanao.

Garcillano, who was Comelec director for Northern Mindanao until he retired two years ago, has denied the accusation.

Pimentel also alleged that Barcelona is a partisan member of the Gloria Bantay Bayan, an organization that contributed to Mrs. Arroyo’s campaign kitty, making him unable to discharge his duties "impartially and well."

Opposition lawmakers questioned the timing of the President’s appointment of Garcillano and Barcelona since it should have been done as soon as their predecessors, Commissioners Luzviminda Tancangco and Ralph Lantion, announced their retirement on Feb. 2 or while Congress was still in session so the Commission on Appointments could scrutinize their qualifications.

Congress had its last session on Feb. 6, a day before Malacañang officially appointed Barcelona and Garcillano to the poll body.