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) will 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 shall serve the regular term of seven years, from 2008 to 2015. Nonetheless, the chair 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 members may designate one from among themselves to be an “officer in charge,” as they have already done.

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