Macalintal, Brillantes ties won't matter — Comelec exec

The political ties of election lawyers Romulo Macalintal and Sixto Brillantes won't matter if and when either of them becomes the next chairman of the Commission on Elections (Comelec), a senior official of the poll body said Thursday. In a text message to GMANews.TV, Comelec Commissioner Gregorio Larrazabal explained that the mandate of the poll body chairman is to efficiently "manage" the Comelec as an organization. "He is first and foremost an administrator and he is not required to vote on each and every case," he said, adding that in case of ties, the chairman can opt to inhibit if a "perceived conflict" arises. According to the 1987 Constitution, the Comelec acts as a collegial body whose policies and decisions are promulgated based on a majority vote from among the six commissioners and chairman sitting en banc. In addition, the country’s Administrative Code specifies that the Comelec chairman is only empowered to implement the decisions of the commission en banc. He is required to refer all major issues to the en banc, which will subject them to a vote. Larrazabal said that Macalintal and Brillantes each have around 20 pending cases before the Comelec and the House of Representatives Electoral Tribunal. He noted, however, that both lawyers recognize that they may be questioned for having a supposed conflict of interest. Macalintal was Mrs. Arroyo’s lawyer who advised her on electoral issues until early May last year. He resigned just before the May 10, 2010 elections, after Mrs. Arroyo did not support his call for the polls’ postponement. On the other hand, Macalintal has ties with Aquino that go back even further, having also served as the latter’s lawyer when he first ran for congressman representing Tarlac's second district. Aquino served as Tarlac congressman for three terms, from 1998 to 2007. Brillantes, on the other hand, served as Aquino's legal counsel in the last presidential elections. It was Brillantes who, on behalf of Aquino, sought the disqualification of Vetellano Acosta from the May 2010 presidential race for being a nuisance candidate. Acosta’s name printed before Aquino's on the ballot would have meant some loss of electoral advantage. Seasoned lawyers But Larrazabal said the public should consider that Macalintal and Brillantes are "seasoned" lawyers who are "highly knowledgeable" on election-related matters. "They are undoubtedly competent and qualified," he said. He noted, however, that the decision still rests in the hands of President Benigno Aquino III. "His decision will be based on his electoral reform agenda. I just wish the nominees the best of luck," he said. Larrazabal is one of two Comelec commissioners whose terms are set to end this coming February. The other is Comelec Commissioner Nicodemo Ferrer. Comelec Commissioner Rene Sarmiento, for his part, said it was "not judicious" for him to make any comment on the matter. "[It] may be misinterpreted as endorsement of the two persons concerned amid so many names being floated. We leave the matter to the wisdom of the President," he told GMANews.TV in a separate text message. Senator Sergio Osmeña III, one of Aquino's political allies, earlier speculated that Aquino's Liberal Party (LP) is backing the appointment of Macalintal while the Noy-Bi faction is supporting Brillantes. (See: Factions back different men for top Comelec post — Serge) The Palace later on denied Osmeña’s claim. Both Macalintal and Brillantes also denied that they were being pushed like pawns to the top Comelec post by two factions in Malacañang. (See: Contenders for top Comelec post belie Palace faction war) Comelec chairman Jose Melo's seven-year term was supposed to end in 2015. Last November, however, he said that he will quit his post effective Jan. 31, 2011. (See: Melo quits post as Comelec chairman effective Jan. 2011) Aquino said earlier he is already looking for people to replace Melo and the two retiring commissioners Ferrer and Larrazabal. The President said he is initially searching for Melo's replacement outside the commission, implying that he is considering the next chairman to come from those who are not incumbent Comelec commissioners.—JV, GMANews.TV