Choosing credible Comelec leaders

By Artemio V. Panganiban Inquirer MANILA, Philippines--The resignation of Benjamin Abalos Sr. highlights the need for a new credible head of the Commission on Elections. Aside from the chair, however, there is another vacancy in the seven-member commission. And come Feb. 2, 2008, two more commissioners (Resurreccion Borra and Florentino Tuason) wil l retire, thereby presaging a full leadership change. Some preliminaries. At the outset, let me tackle a few housekeeping legalities. Sec. 2 of Article IX (C) of the Constitution says, "Appointment to any vacancy (in the Comelec) shall be only for the unexpired term of the predecessor." So, an appointee to the chairmanship now will hold office only until Feb. 2, 2007 when Abalos' original term expires. The chair to be appointed after Feb. 2 shal l serve the regular term of seven years, from 2008 to 2015. Nonetheless, the ch air who may be named now cannot be reappointed to the seven-year term beginning in February 2008 because the Constitution bars "re-appointments." For the same reason, none of the present commissioners can be appointed chair ( "Matibag vs Benipayo," Apr. 2, 2002). In the meantime however, the incumbent me mbers may designate one from among themselves to be an "officer in charge," as they have already done. Note that the incumbent commissioners shall select the officer in charge. The a uthority of the President to name, with the consent of the Comelec, the chair a nd the commissioners does not include "acting" or "temporary" appointments. "In no case," declares the Constitution, "shall any Member be appointed or designa ted in a temporary or acting capacity." In "Brillantes vs Yorac," (Dec. 18, 199 0), the Supreme Court nullified appointments "that are revocable at will," beca use they undermine the independence of constitutional commissions. Nevertheless, the President can immediately fill-up the commissionership that b ecame vacant in February last year. The appointee shall hold office only until February 2013, not for the full seven years. "Gaminde vs Commission on Audit" ( Dec. 13, 2000) ruled that the tenure of the commissioners shall expire at the e nd of the seven-year term "regardless of the dates of their appointments." Ideal poll officials. When fully constituted, the Comelec should have a chair a nd six commissioners who must all be (1) natural-born citizens; (2) at least 35 years old; (3) college degree holders; and (4) must not have been candidates i n the last elections. Moreover, a majority of the commissioners "including the chairman" shall be lawyers who have been engaged in law practice for at least 1 0 years. The Comelec has been granted the "exclusive original" power to decide "all cont ests relating to the elections, returns, and qualifications of all elective reg ional, provincial and city officials." Moreover, its decisions regarding appeal s of lower court judgments involving municipal and barangay elections are final . In short, the Comelec performs critical judicial functions; thus, its members --especially its chair--must possess the constitutional qualifications of judge s, namely "proven competence, integrity, probity and independence." Equally important, the Comelec has been mandated to "enforce and administer" al l election laws. Thus, its commissioners--again, especially its chair--must als o be capable executives and visionary leaders. It is very difficult to find a p erson who possesses the qualities of both a judge and a leader. A jurist is a l oner--cold, stoic, unreachable and unfathomable; a perceptive thinker and an in genious writer, who composes personally all his or her decisions. In contrast, a leader/executive is an incandescent team player who is versed in people skills; a consensus builder who systematically delegates authority and responsibility. A jurist is a recluse who meticulously follows precedents; who would rather play solitaire than toast cocktails or swing in ballrooms; a leade r is an action person who innovates, re-engineers and reinvents new and better ways to propel an organization towards its vision, mission and core values. Transparent process. The viability of our democracy depends on a credible Comel ec led by an incorruptible chair and commissioners. To stress, these officials are rare, for they are both judges and leaders at the same time. And naming the m becomes even more delicate due to the political pressures that bedevil the pr ocess and the choices. President Gloria Macapagal-Arroyo is of course the indispensable player in choo sing them. The integrity of the process and the quality of her choices will be her lasting legacy to democracy. Credible appointees will, I am sure, elevate h er public trust rating, which per the latest SWS survey is now a dismal negativ e 11. For the country's sake and also for hers, the appointment process should be tra nsparent, and participated in by the poll watch groups that have sacrificed the ir time, talents and treasures in the name of free elections. They should be in vited to nominate candidates, to scrutinize their credentials, and in general, to monitor the process. Before she exits in 2010, GMA would have named all seven members of the Comelec , including the three incumbents (Romeo Brawner, Rene Sarmiento and Nicodemo Fe rrer) whom she appointed earlier. Will she bequeath to the nation an independen t, competent and trustworthy Comelec that will finally reform and automate our archaic electoral system, and conduct credible, speedy and peaceful elections?