Brillantes, COA chief get CA nod

MANILA, Philippines - The Commission on Appointments (CA) confirmed yesterday the nominations of Commission on Elections (Comelec) Chairman Sixto Brillantes and Commission on Audit (COA) chief Ma. Gracia Pulido-Tan.

The CA earlier dismissed the complaints of critics against Tan and Brillantes.

During plenary session, Senate President Pro-Tempore Jinggoy Estrada, chairman of the committee on constitutional commissions and offices, read the credentials of Tan, who worked in private law and accounting firms for 30 years before joining the government.

Marcelo Tecson had opposed Tan’s nomination over what he described as “fallacious abolition of the COA pre-audit (practices).”

Estrada described Brillantes as a “well-known election expert and had unassailable credentials, being a public accountant and a bar topnotcher.”

On the prodding of Senate Minority Leader Alan Peter Cayetano during the committee level hearings, Brillantes vowed to ensure that perpetrators of election fraud in the 2004 and 2007 polls would be held liable under the law.

After asking many questions, Cayetano registered a “no vote” against Brillantes, although he hoped that “my vote will prove me wrong.” During the plenary, Cayetano abstained.

Cayetano was first to question the credibility and fitness of Brillantes as Comelec chief, especially on his dealings with the other commissioners.

He even threatened to invoke Section 20 of the CA rules, which blocks the confirmation of appointees.

“It is hard for me not to invoke Section 20. But almost all members of this (CA) committee have vouched that there would be reforms in the Comelec. It is really a big burden on me,” Cayetano said.

During the hearing, Brillantes said he wanted to have an investigation into the 2004 elections but the lack of documents – which were burned in a fire incident a few years ago – prevented him from doing so.

“I do not have enough records because the files (on the 2004 elections) were burned. When I was in practice, I said these were deliberately burned,” Brillantes said.

“The people that are named, all of these, we do not have records to file formal charges. These people have even written me a letter that they wanted to bring the issue to a closure since their names have been dragged in the election fraud allegations,” said Brillantes, referring to Comelec officials previously implicated in the alleged election cheating led by former commissioner Virgilio Garcillano.

Brillantes said he had ordered a thorough investigation to dig up evidence of poll fraud.

The officials linked to the so-called “Hello, Garci” scam included former election officer Ray Sumalipao, who was then Comelec regional director for the Autonomous Region in Muslim Mindanao (ARMM); Renato Magbutay, director for Central Mindanao; Francisco Pobe, assistant director for Caraga; and Renault Macarambon, now with Comelec’s Election and Barangay Affairs Division.

Also included in the list were Teopisto Elnas and Cirilo Nala Jr. who allegedly were part of the so-called Garci Boys.

When Cayetano asked if the Garci Boys would not become “sacred cows” under his watch, Brillantes gave assurance that there will be reforms in the Comelec at least within one year.

“Let me add that I will even resign earlier if I think I cannot reform the Comelec in one year,” Brillantes said.

“That is the very reason, your honor, why I decided to throw these cases to the Department of Justice (DOJ)-Comelec (investigating) panel,” Brillantes said.

Brillantes said these Garci Boys even wrote him to put closure on the issue so that they would have a chance to clear their names.

Cayetano also asked Brillantes “to swear a solemn commitment” to ensure that there will be reforms within the Comelec.

“That’s a commitment I am making to the Commission on Appointments,” Brillantes said, in response to Cayetano’s question.

During the committee hearing, the panel allowed Comelec planning department director Ferdinand Rafanan to outline his reasons for opposing Brillantes’ appointment.

Rafanan accused Brillantes of having favored those who were involved in the P690-million ballot security folder scam, conflict of interest as a former election lawyer, and illegally removing him from office.

Rafanan also accused Brillantes of “bullying” him into agreeing on certain cases at the Comelec.

Brillantes said he regarded Rafanan as a son since they were partners in efforts to reform the Comelec when he was still an election lawyer.

He assured the committee that he would put Rafanan in a new post subject to the approval of the Comelec.

“Yes, your honor, he is a son but he would have to be a prodigal son by this point,” Brillantes said, referring to Rafanan.

Sen. Franklin Drilon had also asked Brillantes to explain the P15-million investment that was reflected in Brillantes’ statements of assets, liabilities and net worth (SALN), which was not included in his income tax.

He explained the amount was actually bank accounts, which were part of his savings that accumulated since 2001.

The Parish Pastoral Council on Responsible Voting (PPCRV) said the CA confirmation of Brillantes’ appointment would pave the way for smoother preparation for the coming elections.

PPCRV chair Henrietta de Villa believed that that the news of Brillantes’ confirmation would have a positive effect on the upcoming polls.

She said the PPCRV expects the DOJ-Comelec investigating panel on poll fraud to proceed “without fear or favor.”

The Comelec welcomed the confirmation of the appointment of Brillantes.

“We are happy that chairman Brillantes had successfully hurdled the Commission on Appointments. We are thankful to all the members, particularly to Sen. Cayetano, because he was given the chance to implement these reforms,” said Comelec spokesman James Jimenez.

Jimenez said Brillantes had already started instituting reforms but some Comelec personnel were resisting them, thinking that he would eventually step down due to non-confirmation by the CA.

Meanwhile, the COA welcomed the confirmation of Tan as chair of the state audit agency.

“COA is very enthusiastic about having her finally as the COA chair,” COA said in a statement after hearing the news.

COA said that from the first day she met with officials and employees during her first flag raising ceremony at the commission last April 18, she already spoke her mind as to where COA should be going.

“Those were policy directions welcomed by the COA family,” COA’s statement said.

Tan was a former undersecretary of the Department of Finance (DOF).

She was also a commissioner of the Presidential Commission on Good Government (PCGG) from October 2002 to 2003. With Michael Punongbayan, Evelyn Macairan, Sheila Crisostomo