Drilon, the chairman of the 25-member CA, said Manuel Barcelona Jr. and Virgilio Garcillano can immediately assume office since their designation is in the nature of "ad interim appointments."
He said the Constitution provides that the President can issue interim appointments during an adjournment of Congress, which are effective immediately and remain so until the CA rejects them.
Drilon said if the President were not allowed to do that, the Comelec cannot function if two more of its remaining five members retire during the current four-month election campaign break of Congress.
He said there are many precedents where interim appointments in the Cabinet and constitutional bodies are made even as the appointees are still subject to CA confirmation.
Drilon made the statement as Sen. Aquilino Pimentel Jr. maintained yesterday that both Barcelona and Garcillano cannot assume office until confirmed by the CA.
Malacañang, on the other hand, defended the appointments, saying Barcelona and Garcillano are the "most fit" to fill the vacancies at the poll body.
"The President considered a number of candidates for Comelec commissioners, and lawyers Barcelona and Garcillano came up as the most fit to fill the vacant posts based on their educational background, extensive work experience, and proven commitment to the job," Presidential Spokesman Ignacio Bunye said.
"She (President Arroyo) is confident they will play an important role in forging the much-needed teamwork in the electoral body to ensure clean, honest and orderly polls," Bunye said.
Bunye said it would be "unfair to prejudge their (Barcelona and Garcillano) competence and integrity at this point."
"Let us give them a chance to prove their worth and we are confident they will pass the test of public duty," he said.
Pimentel pointed out the constitutional requirement that appointees to the seven-member Comelec can begin doing their job only when the CA approves their appointments.
"The reason is obvious. If they assume office prior to confirmation, they are not yet enjoying their security of tenure because the CA can reject their appointments. They can be pressured into doing something that would not promote the holding of clean and honest elections," Pimentel said.
He warned Barcelona and Garcillano that if they begin to do their job, he would bring to the Supreme Court the issue of whether their appointments can immediately take effect or are effective only when the CA approves them.
Pimentel had earlier claimed in a privileged speech that Garcillano, who was Comelec director for Northern Mindanao, was involved in the registration of fake voters and in dagdag-bawas (vote shaving-padding).
"I would advise them to cool it and wait for their confirmation," said Pimentel, a non-CA member.
He pointed out that the Comelec would not be crippled even if it lacks two commissioners since its remaining five members led by Chairman Benjamin Abalos comprise a majority of the full membership of the commission.
National Citizens’ Movement for Free Elections (Namfrel) chairman Jose Concepcion said he would hold back any critical comment on the two new appointments.
"I want to be positive because I don’t know them," Concepcion said.
"We are only asking Comelec, including the two new appointed commissioners by the President, to carry out their constitutional mandate and ensure that there would be clean, honest and orderly elections so that the results would be accepted by the people as well as the candidates who are running for public office," he added.
In his daily Palace briefing yesterday, Bunye welcomed Pimentel’s statements over the two appointments.
"We heard an interview of Senator Pimentel where he denied having implicated Mr. Garcillano in any ‘dagdag-bawas.’ At least Senator Pimentel clarified that particular aspect and Senator Pimentel said he has never made any allegations against Mr. Garcillano," Bunye said.
Offhand, Bunye admitted there is still an obstacle for Barcelona and Garcillano to hurdle before assuming their Comelec posts even if they have yet to undergo confirmation by the CA as required under the Constitution.
"We hold the position that like any other officials who require the Commission on Appointments approval or confirmation, the incumbents or those who were appointed recently by the President, can immediately assume their positions, they could perform their duties," Bunye said.
"But of course, when the Commission on Appointments convenes, then they (Barcelona and Garcillano) will have to subject themselves to confirmation," he said.
Bunye said that for the meantime, the ad interim appointments of Barcelona and Garcillano would stay since the lawmakers comprising the 25-man CA are still on recess for their election campaign break.
The President announced Tuesday the appointment of Barcelona and Garcillano to the two slots vacated by Commissioners Ralph Lantion and Luzviminda Tancangco, who retired last Feb. 2 after completing their five-year term.
Their appointments completed the membership of the seven-man poll body. — Marichu Villanueva, Evelyn Macairan