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Brillantes' appointment confirmed
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from
NAMFREL Election Monitor Vol.2, No.21
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The appointment of Sixto Brillantes, Jr.
as Chairman of the Commission on Elections (COMELEC) has finally
been confirmed during the fourth hearing on his confirmation at the
Commission on Appointments (CA) on October 5. After Brillantes’
confirmation was endorsed by Sen. Jose “Jinggoy” Estrada, co-chair
of the Senate Committee on Constitutional Commissions and Offices,
no other members of the CA opposed. Sen. Alan Peter Cayetano, who
had been against Brillantes’ confirmation, chose to abstain during
the voting.
Brillantes gave his word to the CA that if he fails to implement
reforms in the COMELEC, he will relinquish his post, reports said.
In the previous hearings, the poll body chief’s endorsement was
delayed as the senators asked him to explain the amount of Php 15.8
million stated in his statement of assets, liabilities and net
assets (SALN). Senator Franklin Drilon said that the CA would like
to give Brillantes time to explain how he acquired his Php 15.8
million income by submitting his Income Tax Return (ITR) for the
last five years.
The CA also gave way to the affidavit opposing Brillantes’
confirmation. The affidavit (http://bit.ly/pGYGIT)
was submitted by Atty. Ferdinand Rafanan, former COMELEC Law
Department Director, who has accused Brillantes of convincing him to
expedite the mitigation of the penalties imposed on the personnel
that were involved in the ballot secrecy folder scam worth Php 690
million.
Rafanan also claims that the poll body chief asked him to convince
the Ombudsman to reduce the suspension of the people involved from
one (1) year to just six (6) months. Suspended by the Office of the
Ombudsman were Attys. Maria Lea Alarcon and Allen Francis Abaya for
the bid irregularities concerning the secrecy folders to be used
during the 2010 general elections. Rafanan headed the investigation
of the case in 2010.
Brillantes on the other hand firmly denied Rafanan’s accusations as
lies. The poll body chief hinted that Rafanan is trying to get even
because of his removal from the law department. Earlier reports said
that the COMELEC en banc decided to reassign Rafanan because of his
being “uncontrollable” especially in criticizing the commission on
issues it has gotten involved in. Rafanan currently heads the
planning department of the COMELEC. Brillantes was also told by Sen.
Alan Peter Cayetano to prove his worth by implementing reforms in
the election commission. The senator told the poll body chief that
if he will be able to institute reforms, the senator himself will
push for his confirmation in the CA.
There were other issues for which Brillantes was asked to explain by
the CA, like the COMELEC’s decision to remove Rafanan from the
COMELEC- DOJ joint panel. He was also asked about the election
commission’s presumed inaction on the “Hello Garci” controversy,
among other issues. In earlier statements after his appointment,
Brillantes said that investigating the alleged poll fraud in 2004
and 2007 was not his priority.
A coalition of election monitoring organizations and concerned civil
society organizations and individuals also issued a “Statement of
Concern” regarding the CA's confirmation of Brillantes. In the
statement (http://bit.ly/obaLCw),
the group doubts whether Brillantes will be objective in carrying
out his duties. “His past association with officials of the
COMELEC makes him too familiar with the game play, the intrigues,
and the personalities in the institution: he may have accumulated
favors to return, debts to settle, and accounts to collect.” The
group also states that there might be conflict of interest as
Brillantes was a prominent election lawyer who has “lawyered for
many competing families through the years and this past association
necessarily drew him into a complicated web of political and
judicial issues. Even if he were to try to always act in the best
interest of truth and justice, his decisions will always be seen as
colored by his past association.” The statement concludes that
though Brillantes had shown legal skills while lawyering for
candidates and political parties, “they have no place in the
Commission, much less in the post of Chairman of COMELEC.” The
Statement of Concern was signed by officers of AES Watch, CenPEG,
the Concerned Citizens' Movement, LENTE, Namfrel, Transparency
International, the UP Information Technology and Training Center,
the Philippine Council for Evangelical Churches, and Manila
auxiliary bishop Broderick S. Pabillo.
Now that Brillantes’ appointment as COMELEC chairman is confirmed,
he is expected to expedite the reforms that he has promised to
institute. |
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