'Exit of 3 Comelec officials to affect cases'

MANILA, Philippines - The scheduled exit of the top three officials of the Commission on Elections (Comelec) early next year may cause delays in the resolution of cases pending before the poll body, Comelec Commissioner Rene Sarmiento said yesterday.                                                                   

Replacements, therefore, must be immediately appointed or, as provided in the rules of the agency, a justice from the Court of Appeals (CA) must be designated to sit in meetings to help decide on cases.                                     

Sarmiento said the resignation of Comelec Chairman Jose Melo is effective on Jan. 31 while Commissioners Nicodemo Ferrer and Gregorio Larrazabal filed for retirement on Feb. 2.                                                        

The four remaining commissioners may constitute a quorum to resolve the pending cases but it would be difficult to break a tie vote.

“Because we have cases pending before us for resolution... it might cause delays in the resolution of cases. That is why, I think, the appointment of a chairman or commissioners will be urgent,” Sarmiento said.                                                        

The Revised Comelec Rules of Procedure of 1993 state that when there is lack of quorum in the commission, a justice of the appeals court may be designated to the poll body to hear and decide on cases.                            

Melo’s replacement will continue his unfinished seven-year term that expires in 2015 while the replacements of Ferrer and Larrazabal will get full seven-year terms. The Comelec is preparing for the election in the Autonomous Region in Muslim Mindanao (ARMM) on Aug. 8, 2011.