MANILA, Philippines - Malacañang is standing by the appointment of former Land Transportation Franchising and Regulatory Board (LTFRB) board member Al Parreño as poll commissioner, saying he can be among the non-lawyers appointed to the Commission on Elections if his legal experience does not meet the required number of years under the law.
But deputy presidential spokesperson Abigail Valte dared critics over dzRB yesterday to challenge Parreño’s appointment before the proper courts if they believe that this was unconstitutional.
“If you look at the requirements that are set out in Section 1, Paragraph 1, Article 19, Section C of the 1987 Constitution, the qualifications, you have two things: you have individual requirements, which are in the first paragraph and the collective requirements for the commission itself in the second paragraph,†Valte said.
“Now, what is required by the Constitution? This is the last sentence of the second paragraph and it says that, ‘However, a majority of the members of the Commission shall be members of the Philippine Bar with practice, with 10 years experience in the practice of law, at least.’ That’s what’s stated there. So majority,†Valte said.
Valte said four commissioners plus the chairman were all lawyers and could make up the majority required under the Constitution. They are Comelec Chairman Sixto Brillantes and commissioners Christian Lim, Lucenito Tagle, Elias Yusoph and Louie Guia. Former Isabela governor Grace Padaca is the only non-lawyer among the commissioners.
“They are five and that satisfies the minimum requirement that was set down by the Constitution. It does not prohibit the appointment beyond the majority. It does not say all. It is stated in the provision itself that only the majority (must be lawyers) and does not close the door on the appointment of a lawyer that does not have the required 10 years,†Valte said.
She added that Parreño’s appointment would fall under the other category of appointees, which was also allowed by the Constitution.
“I think the Comelec also has supported the same position. Maybe we should stop making intrigues. Nonetheless, if this critic believes that the appointment is unconstitutional, the best thing to do - apart from talking to the media - is to file the necessary case to challenge the appointment,†Valte said.