Still no papers for Melo

Retired Supreme Court justice Jose Melo might have to serve as simulated chairman of the Commission on Election (Comelec) in the absence of a formal appointment.

Melo admitted that until now, almost a week after his appointment to head the Comelec was reported, he has yet to receive his papers from Malacañang.

A Palace official, on the other hand, confirmed Melo’s appointment papers are still to be officially released.

The official though stressed the possibility that President Arroyo has already signed the appointment papers but gave no reason for the delay.

Melo has taken the side of caution and stressed he has no idea on the nature of his appointment and how he can assume the post on Feb. 2 when the term of resigned chairman Benjamin Abalos expires.

“I can’t assume until I’m confirmed by the Commission on Appointments (CA)… because I’m not an ad interim appointee,” Melo said.

Melo explained an ad interim appointment is made when Congress is on recess.

Since Congress resumed session on Monday and if the appointment was signed within the week, Melo can assume the post only after confirmation by the CA.

The question remains if Melo can safely assume the post on Feb. 2 after the seven-year term of Abalos expires.

Abalos resigned last Oct. 1 amid charges of bribery and brokering the $329-million national broadband network project for China’s ZTE Corp.

The post was not filled up by Malacañang since then with Commissioner Resurreccion Borra, who will also retire next week along with Commissioner Florentino Tuason, was named acting chairman.

Borra, however, assured “there will never be a vacuum (of power) in the commission” if Melo fails to take over the post next week on concerns over the legality of his appointment.

“After our retirement, the next senior commissioner, who is Commissioner Romeo Brawner, can be the acting chairman (if Melo cannot yet assume office). Considering his (Brawner) experience as a retired presiding judge of the Court of Appeals, considering his 41 years experience in judiciary, in prosecution, the Comelec is in good hands,” Borra said.

Senate President Manuel Villar, on the other hand, assured the lawmakers comprising the CA will be handling the confirmation of Melo “fair and square.”

“We will look at his appointment with an open mind. I am not saying that it will be a walk in the park. Definitely, like the other appointees submitted to the body for confirmation, the commission will look at Justice Melo’s credentials objectively and will determine whether or not he is capable to head the Comelec,” said Villar, concurrent chairman of the CA.

Villar said he is hopeful that the new appointments to the election body can help bring back credibility and public trust in the Comelec.

Senate Minority Leader Aquilino Pimentel Jr. for his part, vouched for Melo by saying the former magistrate’s appointment to the position was correct.

Pimentel said Melo should start working as Comelec chairman as soon as the CA receives his formal nomination.

Pimentel said the reluctance of Melo to take over Comelec was consistent with the constitutional provision that the chairman and commissioners of the Comelec shall be appointed by the President with the consent of the CA for a term of seven years without reappointment.

Pimentel pointed out that it is quite clear under the Constitution that although Melo has already been named by the President as Comelec chairman, there must be consent or concurrence from the CA.

Pimentel noted Melo has been cautious in assuming his new post without the benefit of CA confirmation.

Villar also believes Melo is fit to serve as the new Comelec chairman but he must be put to a test.

“While we believe that it is good that a former Supreme Court justice has been appointed to chair Comelec, a lot of things must be done to cleanse the system and to ensure fool-proof elections from here on. I hope Justice Melo is up to the challenge,” Villar added.

Villar noted the challenge posed by the Catholic Bishops’ Conference of the Philippines (CBCP) for Melo to close the “Hello Garci” wiretap recording case by reopening the investigation.

Melo, for his part, said he wants to know the “status of the case.”

“I don’t know what’s the real score on that matter. I have to look into it first. It’s too early to make a stand on that,” Melo said.

Borra added Comelec can reopen the investigation into the controversy upon the filing of a formal complaint before the poll body.

“We also wanted to put a closure on this (controversy) and, in fact, we violated due process because we investigated people without any complaint. This Garci issue has put down the Comelec... but (we cannot proceed to investigate) until there is a complaint,” he said.

Borra noted the CBCP clamor for the Comelec to close the controversy but stressed the poll body did their job.

“The commission en banc had directed the law department to conduct an investigation. It was able to secure the (Garci) tape from the sources - there were three sources - but none gave us the original source of the tape,” Borra said.

The “Hello, Garci” controversy involved President Arroyo and a Comelec official widely believed to be former commissioner Virgilio Garcillano.

The wiretap recordings purportedly indicated the voice of Mrs. Arroyo calling up Garci over the phone urging the Comelec official to ensure a one million vote margin against the late actor Fernando Poe Jr. during the 2004 presidential elections.

Melo, however, stressed his main priority for Comelec is to automate the 2010 elections. -With Christina Mendez, Paolo Romero