Appointments, disappointments

The impeachment of Renato Corona as chief justice arose largely from the belief of Noynoy Aquino that it was a post-election midnight appointment made by Gloria Macapagal-Arroyo, to protect her from the expected slew of corruption charges she would face once she lost her presidential immunity.

In the case of the five nominees of President Duterte who were bypassed this week by the Commission on Appointments (CA), they were appointed within the period allowed before the election ban kicked in.

The three who filled all the vacancies in the Commission on Elections, including the top post, managed to preside over one of the most challenging general elections ever, with the COVID pandemic still upon us and digital technology creating new ways of campaigning outside the Comelec radar, including spreading black propaganda and disinformation as well as buying votes.

There were times, such as in the Comelec’s efforts to enforce pandemic rules for the campaign, when its officials seemed to be running around like headless chickens. Still, it is to their credit that there is no major protest contesting the national election results.

Commissioner George Garcia in particular will be missed, for his refreshing openness in discussing even the weaknesses besetting the electoral system.

So the incoming president will get to pick three Comelec members including the chairman, plus the heads of two constitutional bodies: the Commission on Audit (COA) and Civil Service Commission (CSC).

The COA chief has a critical role in maintaining the system of checks and balances in our dysfunctional democracy, and in fulfilling Ferdinand Marcos Jr.’s avowed policy of not tolerating corruption.

The CSC, meanwhile, plays a key role in developing a professional, apolitical and efficient bureaucracy where red tape and opportunities for graft have no place, where ease of doing business and honest public service are the rule rather than the exception. (Hmm… OK, maybe I accidentally inhaled cannabidiol or CBD oil while walking past a vape shop.)

Duterte’s nominees may still be reappointed in the new administration. Or maybe BBM’s own nominees will be as inspired as his choices for his economic team and the head of the new Department of Migrant Workers.

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Whoever BBM picks for the three constitutional bodies, let’s hope they won’t share the perception of the incoming Senate president, Juan Miguel Zubiri, that they are representatives of the president of the republic.

Cabinet members are alter egos of the chief executive. But the heads of constitutional bodies – the Comelec, COA, the CSC and the Office of the Ombudsman are (supposed to be) independent representatives of the people they are sworn to swerve, not of the appointing power.

If the incoming Senate chief doesn’t know this, the republic is doomed. Or maybe Migz Zubiri has a better appreciation of realpolitik in this country, while I have to shake off the effects of second-hand CBD inhalation.

Too bad Sen. Cynthia Villar has thrown in the towel in the battle for the Senate presidency. She may have to follow the example of Joe de Venecia, who took to wearing an amulet bracelet against back stabbers following his ouster as House speaker.

While the Senate intramurals were raging, Senate Minority Leader Franklin Drilon said BBM might have to step in. SAP Imee as usual said the correct thing: her brother respects the independence of a co-equal branch of government and could not interfere.

But veteran lawmaker Frank Drilon, being all too familiar with realpolitik in this country, simply expressed the real score.

Sure enough, the Marcos Media Bureau released photos showing BBM meeting with a select group of incumbent and incoming lawmakers including Zubiri and incoming House speaker Martin Romualdez, with one photo giving the impression that Migz was getting the president-elect’s blessing.

Senator Cynthia was conspicuously missing from the photos.

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After the initial widespread praise for the incoming economic team, political considerations are unavoidably creeping into BBM’s headhunting.

In certain color-blind circles, there’s talk about which of the new appointees are corruptible, with a penchant for commissions and sweetheart deals.

Names being floated about possible appointments are also being watched. One in particular, if it pushes through, will leave no doubt that disinformation, revisionism and toxicity are being institutionalized, and the call for post-election healing and unity is nothing but campaign drivel.

BBM has said he won’t tolerate corruption. Genuine public servants who live up to the name can help see to it that this intolerance goes beyond rhetoric, by documenting cases of graft in their respective offices. Digital technology has made such documentation easier.

Shortly before the CA bypass, Commissioner Garcia told us on One News’ “The Chiefs” that while the Comelec received numerous complaints about vote buying in this year’s elections, the poll body could pursue only those that appear to have legal leg to stand on – as of last count, 1,111 cases.

Three complainants in separate cases are providing what could be solid pieces of evidence, Garcia said.

He said the Anti-Money Laundering Council is also looking into a case being linked to possible vote buying in Ilocos Sur. Vote buying, however, is not among the predicate crimes covered by the AMLC, so let’s see how this case prospers.

The AMLC is chaired ex officio by the BSP governor. Both the incumbent and incoming central banks chiefs are part of the much-applauded BBM economic team.

Will they have the independence and political will to pursue a vote buying or money laundering case if it will harm the incoming administration? Or will they serve as deodorizer?

Maybe the problem won’t even reach their desk, with the three new Comelec commissioners now out of the job.