Comelec prodded on ARMM polls

MANILA, Philippines - Preparations for elections in the Autonomous Region in Muslim Mindanao should proceed since the Supreme Court’s temporary restraining order (TRO) is not only on the appointment of officers-in-charge (OICs) but also on the law synchronizing the ARMM polls with the national elections, lawyer Romulo Macalintal said yesterday.

“The TRO does not state that it is limited only to the appointment of OICs but a clear directive that any of the provisions of RA 10153 is prohibited from being implemented. It means that it is as if RA 10153 is nonexistent as none of its provisions could be implemented as yet until further orders by the High Tribunal,” Macalintal, an election lawyer, said. Republic Act 10153 synchronizes the ARMM elections with the 2013 midterm polls.

In a statement, Macalintal said the TRO “does not only pertain to the appointment of officers-in-charge” in ARMM.

He said that in issuing the TRO, the SC was “enjoining the Office of the President, its agents, representatives or persons acting in its place or stead from implementing Republic Act 10153.”

“The total prohibition from implementing RA 10153 covers the Comelec which should now continue with its preparation for the holding of the ARMM election since it stopped its preparation when RA 10153 was passed,” he said.

“It is Comelec’s duty to resume its preparation for the election as mandated by other existing laws, prior to the passage of RA 10153,” he said.

“While there is no directive for Comelec to prepare for election, any act suspending its preparation would constitute an implementation of the law which is contrary to the spirit and purpose of the TRO,” he added.

Reforms unlikely

Meanwhile, Senate Minority Leader Alan Peter Cayetano said reforms in the Comelec are unlikely with Chairman Sixto Brillantes at the helm.

Cayetano accused Brillantes of not instituting any reforms in the Comelec and that the only thing he has achieved is to promote and protect those identified in past scandals in the poll body.

During a hearing on the confirmation of Brillantes earlier this week, Cayetano said several Comelec personalities tagged in the “Hello, Garci” controversy and the overpriced ballot secrecy folders project were still holding key positions in the agency.

On the “Hello, Garci” issue, Cayetano said names mentioned in the wiretapped conversations are still with the Comelec or have just received new assignments. They were Ray Sumalipao, from ARMM to Region 10; Renato Magbutay, from Region 10 to Region 11; Remlane Tambuang, from Region 11 to ARMM; Michael Abas, Region 12 to Region 9; Francisco Pobe, Region 13 to Region 12; Roland Edayan, promoted to acting regional director for Region 13; Renault Macarambon, head of the Election and Barangay Affairs Division (EBAD); Teopisto Elnas Jr., director in the EBAD; and Cirilo Nala Jr., Comelec supervisor for Surigao del Sur.

In the ballot secrecy folders scam, Cayetano said the following were allegedly involved but were retained at the Comelec: Allen Francis Abaya, from the Electoral Contests Adjudication Department to the Law Department; Jose Tolentino Jr., Maria Lea Alarkon, Ma. Norina Casingal, Martin Niedo, and Antonio Santella, all back to plantilla position as of Feb. 11 this year.

Cayetano also cited Gideon de Guzman, who was implicated in the Mega Pacific scandal, but is now assigned to the Office of the Chairman and Planning Department.

“Is this what Chairman Brillantes meant when he said that he will clean up Comelec? By sweeping cases under the rug and protecting those behind it?” Cayetano said.

Cayetano said the recent allegations by former Comelec Law Department head Ferdinand Rafanan that Brillantes had tried to protect individuals involved in the ballot secrecy folders scam, should cast doubts on the poll chief’s integrity.

“I am aghast at knowing that Brillantes even repeatedly resorted to bullying to compel Rafanan to help in the efforts to protect those charged in the folder scam,” Cayetano said.

“Director Rafanan said he sensed a cover-up was underway when Chairman Brillantes told him that he should have asked him first before proceeding to reveal the results of the investigations he was tasked to conduct,” he added.

Based on the affidavit submitted by Rafanan to the CA, Cayetano said Brillantes had really intended to protect the Comelec officials involved in various scandals from investigations and even prosecution.

“The fact that he transferred attorney Allen Abaya, who was suspended due to the folder scam, to the law department is a clear enough indication of this. The continued presence in the Comelec of those implicated in these scams also serves as proofs,” Cayetano said.

“All these accusations only serve to increase speculation on whether Chairman Brillantes is the right man for the task of instituting the needed electoral reforms,” he added.

During a recent budget hearing at the Senate, Brillantes said Comelec personnel and officials mentioned in the “Hello, Garci” controversy would be included in the joint Department of Justice-Comelec probe on alleged fraud in the 2004 and 2007 elections. - Sheila Crisostomo, Marvin Sy