Comelec chairman fails ‘Caesar’s wife test’

THIS IS in reaction to the news article titled “P-Noy asked to rethink Comelec chief’s appointment.” (Inquirer, 6/15/11)

On arrival from the conclave in Rome to elect a new pope, Jaime Cardinal Sin was reported to have joked that had the Philippines’ Commission on Elections presided over the conclave, he would have been elected pope. This story underscored the lack of trust the public had on the Comelec. But the issue of credibility has persistently haunted the Comelec through the years. The Executive branch is partly responsible for Comelec’s failure to pass the  “Caesar’s wife test.” The choice of election lawyer Sixto Brillantes may yet be another erroneous choice of the appointing power.

The credibility of an election hinges largely on the credibility of the people running that election. When the credibility of an election body is under a cloud, the credibility of the election exercise suffers. Conversely, election results are much easier to accept when election body is credible. Unfortunately, Brillantes does not enhance the credibility of the Comelec.

Philippine elections have for so long been a battleground of bitter family and clan rivalries. For years, Brillantes has acted as a lawyer to many of these rival families and clans. These same families and clans will again go to the Comelec, considering that our politicians “either win or they are cheated.” If confirmed chairman of the Comelec, Brillantes in effect becomes the chief arbiter of electoral disputes.

Will the decisions of the Comelec be perceived as impartial and nonpartisan? 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 nonpartisan manner with him at the helm?

The Comelec has in the past been faulted, for its lack of transparency. Brillantes’ refusal to name the notorious commissioner of the second division before the Commission on Appointments 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, Brillantes 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. Allan Peter Cayetano say a lot. Brillantes fails the “Caesar’s wife test.” The Commission on Appointments must not confirm his 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 nonpartisan and are perceived as such.

—DAMASO G. MAGBUAL,

Namfrel volunteer,

[email protected]