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On the confirmation of the chairmanship of Atty. Brillantes
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by Damaso G. Magbual
Member, NAMFREL National Council
Chairperson, Asian Network for Free Elections (ANFREL) |
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from
NAMFREL Election Monitor Vol.2, No.14
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On arrival from the conclave in Rome to
elect a new Pope, Jaime Cardinal Sin was reported to have said that
had the Philippines’ Commission on Elections presided over the
conclave, he would have been elected Pope. While it was obviously
said in jest, this story underlies the lack of trust the public has
on the COMELEC. The issue of credibility has persistently haunted
the COMELEC through the years. The executive branch of government is
partly responsible for failing the “Caesar’s wife test” in the
selection of appointees to the
COMELEC. The choice of election
lawyer Sixto Brillantes may yet be another misguided choice of the
appointing power.
The credibility of an election hinges largely on the credibility of
the people running the election. When the credibility of an election
body is put into question, the degree of legitimacy of the election
suffers. The results of an election are much easier to accept when
all the political actors and the voters as well accept the
legitimacy of the election body. Unfortunately, the appointment of
Brillantes to the COMELEC does not enhance the credibility of the
election body.
Philippine elections have been for so long the battlegrounds of
bitter family and clan rivalries. Through the years, Brillantes has
acted as lawyer to many of these competing families and clans. These
same families and clans will again go to the COMELEC for settlement
of disputes considering that our politicians “either win or they are
cheated”. If confirmed to be the Chairman of the COMELEC, he in
effect becomes the chief arbiter of electoral disputes. Will the
decisions of the COMELEC be perceived as impartial and non-partisan?
Will the existing dispute resolution mechanism in place, which has
been tarnished by what he himself referred to as “the notorious
second division” operate in an impartial and non-partisan manner
with him at the helm?
The COMELEC has in the past been faulted, for its lack of
transparency – a hallmark of a democratic election. Brillantes’
refusal to name the notorious commissioner of the second division
during the Commission on Appointments hearing, gives us an
indication of the degree of transparency we can expect under his
leadership. As a citizen and more importantly, as an officer of the
law, he ought to denounce wrongdoing when he finds one. His silence
does not augur well for the cause of free and fair elections. Or is
it because he has become a part of the “system”, taking the more
pragmatic stance of “you-win-some, you-lose-some”, after all there
are other cases before the commission.
The issues and concerns raised by Sen. Alan Peter Cayetano say a
lot. The appointing power has failed the “Caesar’s wife test”. The
Commission on Appointments must not condone this failure. It must
not confirm Brillantes’ appointment. Let us start to build public
trust in our electoral system. The first step is to place people in
the COMELEC who are independent, impartial and non-partisan
and are perceived as such.
(CAVEAT: These are my personal views and do not necessarily
reflect those of the National Council of NAMFREL) |
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