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THE ELECTORAL REFORM ADVOCATES’ NOMINEES

For Chairman:

  • Carlos P. Medina, 48, Lawyer

Atty. Carlos Medina is a graduate from the School of Law of Ateneo de Manila University.  He earned his Master of Laws from the University of London and Master of Public Administration from Harvard University.  Much of his professional career was spent on teaching, doing consultancies and advocacy work particularly on human rights, promotion of democracy and electoral reforms.   He is currently the Executive Director of the Ateneo Human Rights Center.  Atty. Medina is a Co-Convenor of the Legal Network for Truthful Elections (LENTE) that conducted electionmonitoring work in the May 14, 2007 elections.

The Search Committee finds he best fits the qualities of passion, dynamism, reputation, track record and personal traits that will give the COMELEC the new face and new beginning that the public is clamouring for.  His long experience and dedication as a human rights advocate and lawyer, and his most recent work in LENTE will guide him in his role at the Commission.  His personal vision of reforms at Comelec, founded on the need to address the problem of eroded credibility and the return of professionalism and dignity to the institution’s bureaucracy, are particularly refreshing and inspiring.

Endorsed by:  Benjamin Barreto and Randy Tuano

  • Justice Jose A. R. Melo, 75, retired Supreme Court Justice

Retired Justice Jose Melo earned his degree in Bachelors of Laws in Manuel L. Quezon University and took his Master of Laws at the University of Santo Tomas.  He was a former Commissioner of the Civil Service Commission. In most his professional career, he served as an Associate Justice to the Intermediate Appellate Court, Court of Appeals and Supreme Court.  He was appointed by the President to head the commission to investigate the cases of extra-judicial and agrarian reform-related killings.

Justice Melo is a much sought-after arbitrator because of his fairness and ability to bring people together toward a just resolution of disputes.  As the chair of the Melo Commission, he showed independence by conducting a transparent investigative process and a forthright report on the issue.

Endorsed by:  Parish Pastoral Council for Responsible Voting (PPCRV)

For Commissioner: 

  • Judge Adoracion C. Avisado, 55, retired RTC Judge

Judge Adoracion Avisado was a former Presiding Judge of RTC Branch 9, the only Special Drugs Court in Davao City, and was awarded by the three branches of the national government for her outstanding performance in Judiciary.  After her retirement as Judge, she pursued her advocacy for the transformation of the justice system and the promotion of human rights particularly for women and children.  She is currently the Executive Director of Transformative Justice Institute (TIJ).

Judge Avisado is well-known for her honesty, integrity, credibility and competence.  This could be attested by the recognitions she received for her work, and the endorsements she got from various sectors in the society including the local government, academe and the religious sectors for the Comelec post.  The Search Committee considers her as a woman of passion and dedication who could help bring about change in the electoral process.

Endorsed by: Archbishop Fernando Capalla; Mayor Rodrigo Duterte; City Council of Davao City; Hon. Pilar Braga; Fr. Albert Alejo, SJ; Ms. Remedios Rikken; MINCODE ; Womyn Network Group; Holy Cross of Davao College, Inc.; University of Immaculate Conception; Good Shepherd Sisters; Ateneo de Davao University ; and Transformative Justice Institute

  • Howard M. Calleja, 41, Lawyer

Atty. Howard Calleja graduated with a Bachelos degree at the University of Santo Tomas and with a Juris Doctor degree from the Ateneo de Manila School of Law. He earned his certificate in International Law at Hague Academy of International Law, Netherlands; and a Masters degree in International Law at Duke University, Durham, North California, USA. He is a professor of Law at the Ateneo de Manila University School of Law, Far Eastern University Institute of Law and Pamantasan ng Lungsod ng Maynila College of Law.  At present, he is the National Legal Counsel for the Parish Pastoral Council for Responsible Voting (PPCRV). 

While Atty. Calleja is short of experience in electoral reforms, he has been regarded by the people around him as a person of integrity and competence.  His work with PPCRV exposed him to the problems of the present electoral system and equipped him in advocating for reforms in the Comelec.

Endorsed by:  Parish Pastoral Council for Responsible Voting (PPCRV) and Consortium on Electoral Reforms (CER)

  • Luie Tito F. Guia, 42, Lawyer

Atty. Luie Titao Guia is a graduate of Bachelor of Arts in Political Science and Bachelor of Laws in the University of the Philippines, Diliman, Quezon City.  He was an Executive Assistant on Legal Matters for the Office of the Chairman of the Commission on Elections during the time of Chair Christian Monsod.  He has been doing consultancies to different organizations and institutions on election laws and processes. At present, he is the President and Founding Trustees of the Lawyer’s League for Liberty (LIBERTAS).

Atty. Guia is known to the electoral reform advocates as a man of competence, compassion and character.  His expertise in election laws and processes has been recognized by various sectors in the society.  The Search Committee believes that his expertise and experience in Comelec would be beneficial in implementing genuine electoral reforms in the Commission.

Endorsed by:  Lawyer’s League for Liberty (LIBERTAS) and Consortium on Electoral Reforms (CER)

  • Teresita J. Herbosa, 57, Lawyer

Atty. Teresita Herbosa is a graduate of Bachelor of Arts in Political Science and Bachelor of Laws in the University of the Philippines.  She is a partner of the Angara Abello Conception Regala and Cruz Law Offices (ACCRALAW).  Among her professional achievements, during 30 years of law practice, is her having been the Head of the prestigious Litigation Department of ACCRALAW for more than ten years during which it was consistently recognized as the best in the field.  She is also a professorial lecturer at the University of the Philippines College of Law on Remedial Law.  She is also active in civic organizations like the Rotary Club of Makati and ZONTA Manila.

Atty. Herbosa’s experience in ACCRALAW proves her competence, integrity and independence as she has been recognized as one of the top three litigation lawyers of the Philippines.  Aside from her legal expertise, she has also held several administrative positions, which could be valuable in pursuing reforms in the Commission on Elections.

Endorsed by:  Sr. Sonia Aldeguer, rscj

  • Judge Gabriel T. Ingles, 55, RTC Judge

Judge Gabriel Ingles is the Presiding Judge of RTC Branch 58 in Cebu City. Ingles finished his law degree in University of San Carlos College of Law in 1981 where he is now a Law Professor.  He took up his LLM at San Beda Graduate School of Law. He topped the last Profile Taking of Judges covering all RTC and MTC Judges in the Cities and Provinces of Cebu City conducted by the Integrated Bar of the Philippines- Cebu Chapter where he garnered an average of 91.78% with highest score on integrity and competence.  Judge Ingles is also active in civic organization such as Cebu-Citiizens Involvement and Maturation in People’s Empowerment and Liberation (C-CIMPEL).

Judge Ingles’ experience, educational and professional qualifications would be of help in restructuring and renewing our electoral system.  He is regarded as a man of competence, integrity, independence and humility by those he have worked with.

Endorsed by:  Ricardo J. Cardinal Vidal, DD and Sr. Sonia Aldeguer, rscj

  • Ma. Caridad P. Manarang, 57, Information Technology and  Business Professional

 Ms. Ma. Caridad Manarang earned her Master of Business Administration at the University of the Philippines. During the early parts of her career, she had focused on both the academic and research sectors. She started out as a mathematics instructor at the university and eventually became a research analyst and programmer at the National Computer Institute. Her background boasts of experience at the SGV & Co. / Arthur Anderson & Co. firm as the regional coordinator of the Institute of Advanced Computer Technology (I/ACT) and her eventual post as a member of its Consulting Division (now Accenture). She has also held the post of country principal for the Unisys Corporation and has been also a senior lecturer at the university’s Department of Computer Science.

Ms. Manarang has an outstanding career in the field of information technology and is highly regarded by those inside and outside of the IT arena.  She would add a critical competence and balance to the Comelec especially that the Commission is moving towards automation and election modernization.

Endorsed by:  Agusto Lagman

  • Nasser A. Marohomsalic, 52, Lawyer

Atty. Marohomsalic has served the government as a commissioner of Human Rights from 1994-2001 and also had involvements in politics as founding deputy legal counsel of Lakas Christian-Muslim Democrats of the Philippines. He has been involved in civil society as member of the Legal Network for Truthful Elections, Muslim Legal Assistance Foundation, and Movement of Concerned Citizens for Civil Liberties. He has published books and articles on peace and human rights issues, as well as on Philippine laws. He was a member of the Special Mission of the Department of Foreign Affairs to the Kingdom of Saudi Arabia and the Sultanate of Bahrain, United Arab Emirates, and Kuwait.  Atty. Marohomsalic earned his Bachelor of Arts at the Far Eastern University and finished law at the University of the Philippines.

Atty. Marohomsalic is a man of integrity and dedication to work. His experience in advocacy work equipped him in understanding the issues and concerns on the present electoral system.  His being a Muslim might be of advantage in understanding and dealing with the ARMM electoral problems. 

Endorsed by:  Feliciano Bautista and Mahar Mangahas

  • Undersecretary Enrique D. Perez, 73, Lawyer
Undersecretary Enrique D. Perez placed 8th in the BAR exam in 1957. He then joined the Poblador 
Law Office, and one year later went to the University of Michiganto obtain his Master’s Degree in Law.  
Upon completion, he returned to the Poblador Law Office until 1965 when he was invited to join PLDT 
as its General Legal Counsel.  Rising to the position of Senior Executive Vice President, he retired in 
1999. Spanky continued to serve in the PLDT Board until 2003 when he was invited to join the RP 
Government as Undersecretary.

Usec. Perez’s integrity, competence and independence are known to the legal and business arena.  

            Endorsed by:  Amb. Albert del Rosario

 

SEARCH COMMITTEE

Backgrounder

Concerned with the February 2008 retirements of two commissioners and the chairman of the Commission on Elections, the Transparency and Accountability Network conducted a forum-workshop last September 2007 on the appointments process to the Comelec.  Those who attended the forum-workshop decided to take a pro-active role in the selection process and formed the Electoral Reform Advocates’ Search Committee. The Search Committee is composed of individuals from organizations, which have been involved, in electoral reform and watchdog functions during past elections, including the May 2007 elections. 

The Search Committee believes that and open, transparent and inclusive process will go a long way in ensuring quality appointments to the Comelec.  It also believes that reform advocates must play a positive and active roll in working towards reforms.

In order to chose nominees responsive to the needs and challenges of the Comelec, the Committee decided on adding three criteria to the constitutionally mandated ones in their search: competence, probity/integrity and independence. It defined those three criteria in the following manner:

Integrity/Probity: A track record of integrity and honesty in public and private life.

Independence: Non-partisan, autonomous, a reputation for recognizing conflict of interest situations and acting appropriately, exhibits loyalty to the duties and functions of his/her office over and above personal loyalties.

Competence: Academic qualifications, special training and technical qualifications, experience in government service and private practice, record of positions held, and other accomplishments.

Its search started by making a public call for submissions of nominations.  Many outstanding names were submitted to the Search Committee.  Over the next four months the Search Committee met constantly to discuss and evaluate the nominees’ merits, credentials and qualifications. The Committee discussed the search for chairman and commissioners separately.  It conducted personal interviews with most of the nominees.  After going through a deliberate search and selection process, the Search Committee narrowed the list of candidates for chairman and commissioners and submitted these names to the President.

The Electoral Reform Advocates Search Committee (and their respective affiliations) is composed of the following members in their individual capacities:

1.        Sr. Sonia Aldeguer (Cebu-Citizen’s Involvement and Maturation for People Empowerment and Liberation

2.        Feliciano M. Bautista (Integrated Bar of the Philippines)

3.        Ramon C. Casiple (Consortium on Electoral Reforms)

4.        Edgar O. Chua (Management Association of the Philippines)

5.        Amb. Henrietta T. de Villa (Parish Pastoral Council for Responsible Voting)

6.        Edward S. Go (National Movement for Free Elections)

7.        Christian S. Monsod (One Voice)

8.        Antonio G.M. La Viña (Ateneo School of Government)

9.        Alberto A. Lim (Makati Business Club)

10.     Sixto Donato C. Macasaet (Caucus of Development NGO Networks)

11.     Sr. Rosanne Mallillin (Catholic Bishops Conference of the Philippines –NASSA)

12.     Mahar Mangahas (Social Weather Stations)

13.     Ma. Aurora F. Tolentino (Caucus of Development NGO Networks)

14.     Benjamin T. Tolosa (Volunteers for Clean Elections)

 

The Transparency and Accountability Network serves as the Secretariat of the Electoral Reform Advocates’ Search Committee, and Vincent Lazatin its Secretary General.

                                                                 *****

Comelec Appointments Watch Project Update

On 28 September 2007, TAN held a forum entitled “Creating An Independent Commission on Elections: A Civil Society Forum-Workshop on the Comelec Appointments” that sought to raise public awareness on the appointment process; set the criteria and the design for CSO selection of the candidates; strategize on pubic intervention in the selection and appointment process; and propose amendments to the Commission on Appointments (CA) rules (see Invitation).  The said event was attended by 79 registered participants, 59 from the various civil society organizations (CSOs) and 20 from the non-CSOs.

The forum, open to all the stakeholders both from civil society organizations as well as to non-CSOs, was held during the morning session. Ms. Beverly Hagerdon Thakur, Chief of Party of the IFES-Philippines delivered the welcome remarks and emphasized the need to institutionalize an open and transparent appointment process that would ensure quality appointments, regardless of who the appointing power is.

The forum featured the following topics:

·          CSO Involvement in the Appointment Process by Mr. Vincent Lazatin, TAN

·          Commission on Appointments Process and the Presidential Power to Appoint by Atty. Luie Guia, LIBERTAS

·           The PPCRV Experience and Lessons in the 2007 Mid-Term Elections by Atty. Howard Calleja, PPCRV

·          The LENTE Experience in the Mid-Term Elections by Atty. Carlos Medina, LENTE

·          Priorities on Electoral Reforms by Atty. Christian Monsod, VForCE

The forum sought to continuously educate the participants about the imperative of good appointments to the Comelec and provide a venue for discussions on the various problems and challenges in ensuring an open and transparent appointment process. The forum also highlighted a call for election modernization. Atty. Christian Monsod emphasized the need for commissioners who are IT and management experts to constitute a competent and effective Commission on Elections in verge of modernizing the electoral systems

A Press Conference was held right after the CAW forum.  The panel of speakers was composed of Atty. Christian Monsod of VForCE, Ms. Beverly Hagerdon-Thakur of IFES, Atty. Luie Guia of Libertas, and Mr. Vincent Lazatin of TAN. 

The press conference emphasized the call for a transparent and inclusive appointments process to the Comelec given the unprecedented opportunity to revamp the Commission through the appointment of one chair and three new commissioners come February 2008.

Atty. Christian Monsod stressed that the appointment of honest, competent and independent chairman and commissioners to the Comelec is the most important reform that would restore the integrity and trust in the Commission. 

Atty. Monsod also added that politicians should never be appointed in Comelec since it would be difficult to expect a partisan person to behave in a non-partisan manner as in the case of the current Comelec under Chair Benjamin Abalos’ regime.

This advocacy during this interim period of the project has really served its purpose of keeping the public discussion and media attention active on the Comelec appointments process.  TAN’s persistent call for a transparent and inclusive process resulted in media write ups, news articles (see news clippings),and news video coverage (see video footage in CD).     

The dialogue for reform was made possible in the Civil Society Forum-Workshop through the invitation of  Comelec Commissioner Rene Sarmiento who  delivered a keynote speech on “The Comelec Reform Agenda on the Election Modernization”. Commissioner Sarmiento pointed out the modernization of the electoral process is one of the Comelec’s priorities based on its strategic plans labelled as “Operation MERIT” or Modernization and Electoral Reform with Integrity and Transparency.

He presented the different aspects of automating the election systems, their relevance and the current status of the Comelec’s preparation. He has also emphasized that side by side with the Comelec’s plan to modernize the electoral process is its plan to strengthen the Comelec as a Constitutional Institution. 

Such desire to strengthen and professionalize the Comelec is a recognition of the very need to appoint competent and independent women and men of integrity to the Commission to properly carry out its duty as a vanguard of the democracy especially that the Comelec is moving towards modernizing the electoral systems.    

The workshops were held in the afternoon and were only intended for the participants from civil society organizations.  There were two workshops  (see Workshop Design) conducted: 1) Criteria-setting for Comelec appointment, and 2) Designing the process for the CSO selection of candidates which also includes mapping out of CSO strategies for intervention and proposed amendments to the CA rules. 

The first activity prompted the participants to deliberate and come up with common definitions on probity/integrity, competence, and independence as additional criteria for Comelec chairman and commissioners, in addition to the constitutionally mandated requirements.  This activity also enabled participants to identify different indicators that would better define the additional criteria and provide corresponding weights for each. (see Workshop 1 Output). 

Workshop 1provided the participants a venue to level off on the qualities that the candidates for the Comelec position should possess and to set their priority criteria in considering the right person for the post who could help rebuild the integrity in the institution.  

The second workshop was divided into two subtopics: 2a) Designing of the CSO selection process, and 2b) Identifying strategies for intervention and proposed amendments to the CA rules. 

Workshop 2-a enabled the participants to identify a selection process that they would like to implement in coming up with nominees for the Comelec chair and commissioners.  As a result, a proposed formation of a CSO Selection Committee and a design of selection process were drafted (see Workshop 2-a Output). TAN decided not be an official member of the CSO Selection Committee because its primary advocacy is to work on increasing the transparency in the appointment process.  However, TAN volunteered to serve as the Secretariat of the proposed Committee and help facilitate the nomination and selection process. 

Workshop 2-b succeeded in subjecting the Commission on Appointments Rules to public scrutiny for amendments in view of increased transparency and inclusiveness in the appointments process.  This activity generated a considerable list of amendments to the CA rules.  The activity also allowed the participants to identify a menu of possible interventions to create pressure and push for a transparent and inclusive appointment process both to the appointing authority and the Commission on Appointments.

 

 

About the Project

The looming political crisis, specifically questions on the legitimacy issue of the present administration, is rooted in dysfunctions of the Commission on Elections (COMELEC) in administering a credible electoral process. The COMELEC, primarily charged with the conduct of electoral processes, is a very important institution in keeping our democracy intact.

 

With two vacancies in the COMELEC at present, there is a golden opportunity to make appointments that will help bring credibility back to the beleaguered institution. Key to the appointment process is transparency and accountability.

 

However, the appointment process involving Commissioners of the COMELEC is purely a political exercise in that the President has the widest discretion over whom to appoint subject to confirmation by the Commission on Appointments. Additionally, there has been no direct participation of the civil society in the selection and appointment process of the COMELEC Commissioners.

 

The Transparency and Accountability Network (TAN), in cooperation with Lawyers' League for Liberty (LIBERTAS), Alternative Law Groups, Inc. (ALG), Philippine Association of Law Schools (PALS), Institute for Political and Electoral Reforms (IPER), La Salle Institute of Governance (LSIG), and Konsyensyang Pilipino (KP), with generous funding support from the International Foundation for Electoral Systems (IFES), has undertaken the COMELEC Appointments Watch project  to involve civil society, and the public in general, in the process for selecting and appointing Commissioners to the COMELEC.

 

For the past two years, TAN has undertaken similar projects with regard to the appointment of the Ombudsman and the Supreme Court justices. In the successful Ombudsman Watch and Supreme Court Appointments Watch projects, TAN pushed for a transparent and credible appointment process, and stressed the importance of civil society vigilance in ensuring that a person of competence, integrity and independence would be chosen for the post.

 

The COMELEC Appointment Watch project will use lessons that we learned from the past appointments watch activities to improve our monitoring, evaluation and participation in the COMELEC selection and appointment process.

 

Project Activities

The project shall have the following major components:

 

Public Information/ Education Campaign. The public information/ education campaign, which will be conducted nationwide, will be done through a simultaneous video-conferencing event in Luzon (Metro Manila and Baguio City), Visayas (Cebu City), and Mindanao (Cotabato City) to inform the public in general, especially the concerned civil society organizations of the appointment process that is being undertaken for the Commission on Elections. The video-conference event will also be the formal launch of the project and a media event. The media will be tapped for wider dissemination of information regarding the COMELEC appointment to generate greater public involvement and interest in the process.

 

The public information campaign will also include information dissemination on the developments regarding the appointment process and other related activities through a web page in the TAN site (www.tan.org.ph). Beyond the project period, TAN will be maintaining the web page to continue information dissemination on key COMELEC appointments as may be warranted.

 

Dialogues for Reform. The project consortium will organize meetings with three "sectors" to solicit positions on the reforms that will be put forward for institutionalization towards a credible appointment process involving key positions in the COMELEC. The three "sectors" are: 1) civil society groups (e.g. Consortium for Electoral Reforms, lawyers' groups), 2) legislative champions, and 3) technical adviser to the COMELEC appointments process (former Chief Justice Hilario G. Davide, Jr.). The meetings will involve discussions on the immediate concerns (current vacancies in the COMELEC) and long-term solutions as well (legislative measures, etc.).

 

Research and Publication. The project consortium will undertake research work to support public information/ education and dialogues for reform activities. The research will also cover monitoring work on development regarding the appointment process. As a conclusion, the COMELEC watch consortium will release a publication documenting the experience of CSOs in their involvement in reforming the appointment process for key positions in the COMELEC.

 

 

TAN DISCOURAGES “GARCI”-LIKE AD INTERIM APPOINTMENT TO THE COMELEC; URGES PRESIDENT TO CONDUCT OPEN, PUBLIC AND TRANSPARENT APPOINTMENT PROCESS

 

In order to prevent another “Garci”-like appointment to the beleaguered Commission on Elections, the Transparency and Accountability Network (TAN) called on President Gloria Macapagal-Arroyo not to make another ad interim appointment to the electoral body.  “Making ad interim appointments allows a president to fill vacancies without passing through the Commission on Appointments (CoA).  Virgilio Garcillano and Manuel Barcelona were reappointed ad interim several times but never confirmed and yet they were able to execute their duties and functions as Comelec Commissioners.  It’s a giant loophole in the appointment process,” noted Vincent Lazatin, Executive Director of TAN.   

 

According to TAN, ad interim appointments are those that are made during congressional recess, when the CoA cannot convene.  Ad interim appointees are allowed to occupy their posts until the next congressional recess.  TAN noted that all nine of Arroyo’s appointments to the Comelec have been ad interim, with six of them eventually being confirmed by the CoA.  Virgilio Garcillano and Manuel Barcelona were bypassed several times and never confirmed by the CoA, while Alfredo Benipayo was not reappointed after he was bypassed once.  

 

“The CoA should also make a clear statement of rejection for candidates they do not confirm, because right now if they are not confirmed the CoA is silent, creating a huge gray area.  Because candidates are not rejected outright, the President merely reappoints them, as was the case of Garcillano and Barcelona,” commented Lazatin. 

 

TAN is also pressing for a more transparent appointment process to the Comelec.  “Aside from not making ad interim appointments, the president should also make the appointment process more transparent by stating what qualities she’s looking for in candidates for the Comelec, who recommends them to her office or where she gets the names.  That’s how she should be building a Strong Republic, by strengthening institutions, not weakening them by making questionable appointments” said Lazatin. 

Transparency and Accountability Network advocates for a more open and transparent appointment process for the constitutionally independent bodies such as the Comelec, the Supreme Court, the Ombudsman, the Civil Service Commission and the Commission on Audit.

 

 

TAN CALLS ATTENTION OF COMMISSION ON APPOINTMENTS FOR GREATER TRANSPARENCY IN APPOINTMENT PROCESS

 

The Transparency and Accountability Network called the attention of the Commission on Appointment through a letter dated September 15 addressed to its Secretary, Atty. Gemma Aspiras.

 

 

 

 

 

 

TAN, in its effort to understand the process being followed by the CA, had requested the Secretary of the CA, then Atty. Arturo Tiu, for TAN to be included in the communication loop especially as regards developments on appointments to the Commission on Elections. Specifically, TAN sought to be invited to the hearings conducted by the CA as part of the confirmation process. Atty. Tiu positively responded to this request and had assured TAN of such inclusion.

 

 

 

 

 

 

 

 

 

 

On September 14, TAN learned that the hearing for applicant Nicodemu Ferrer had already been finished and that the same day, Mr. Ferrer had been confirmed by the CA. TAN immediately wrote a letter to the Secretary, Atty. Gemma Aspiras, to convey its disappointment in knowing that no such notice was given to TAN nor was there any public announcement of such. For this, TAN had instead sought copies of the transcript of the hearings of the three newly appointed Commissioners, which were generously provided by the CA through the office of the Secretary.

 

PRESS RELEASE

COMELEC-WATCH

Manila

May 18, 2006

 

 

 

 

 

 

 

 

 

 

CIVIL SOCIETY GROUPS CALL FOR TRANSPARENT PROCESS IN COMELEC APPOINTMENTS

 

A coalition of civil society organizations, led by the Transparency and Accountability Network, called on President Arroyo and the Commission on Appointments to conduct a transparent process in the appointments for the remaining two vacancies at the Commission on Elections.  “If we want to avoid the election fiasco that was precipitated by the appointment of someone as questionable as Virgilio Garcillano, the whole appointment process should be strengthened, and this can be accomplished by conducting a more transparent and public nomination and appointment process,” said Vincent Lazatin, the chairman of Transparency and Accountability Network.  “In the wake of the wiretapping controversy, President Arroyo has repeatedly stated her desire to effect electoral reform.  Her appointments to the Comelec and commitment to a transparent process will tell us if she is serious about electoral reform or just paying lip service,” Lazatin further went to comment.

 

For his part, Andres Bautista, dean of the Far Eastern University Institute of Law stated, “The Comelec will be strengthened not only be appointing people of unquestionable integrity and reproach, but also through a credible and open appointment process.”

 

Last January, under increasing pressure to act on her commitment to undertake electoral reforms, Arroyo appointed newly retired chief justice Hilario Davide, Jr. as her Presidential Advisor on Electoral Reform.  The report of Davide was submitted to the President in early April and portions released to the public by Malacañang.  A copy of the full Davide Report was requested by TAN, but was denied in a letter signed by Undersecretary Pilita Quizon-Venturanza and dated May 5, 2006.  In her letter to TAN, Quizon-Venturanza stated as the reason for the denial, “that intra-governmental documents containing advisory opinions … are confidential in nature.”  However, she did include a summary of the report in her letter to TAN.

 

“Keeping the Davide Report confidential is not a very good step towards transparency,” lamented Lazatin.  “Nothing contained in the report would harm national security, so I see no reason why a report written by a presidential advisor, and paid for by public money, can be construed as being confidential.  Keeping things secret does nothing to bolster confidence in either the process or institutions involved,” Lazatin further went to say.

“We have a strong right to information case in requesting for the Davide Report,” said Bautista, a recognized expert on constitutional law.  “Additionally, what we all want is to build our democratic institutions, such as the Comelec.  This can be achieved by first, having an open appointment process that will engender public trust and confidence, and second, by having the institution itself be more transparent.  A lot of credibility can be re-built, for example, if the Comelec were to come clean in reporting to the public what exactly happened in the failed computerization effort.  For as long as there are doubts in the mind of the public, Comelec’s credibility will continue be at stake.”

 

The TAN led Comelec Appointments Watch coalition seeks to focus public and media attention on the appointments to the Comelec in order to ensure a credible process and a strengthening of institutions.  The coalition does not endorse any specific names to the Comelec, but believes that if the process is open and credible using clearly defined criteria, then the appointees should be acceptable to the public. It has undertaken similar appointments watch projects for the Supreme Court and the Office of the Ombudsman.

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