MELO IS CORRECT ON WHEN HE SHOULD ASSUME POST -- PIMENTEL

Senate Minority Leader Aquilino Q. Pimentel, Jr. (PDP-Laban) today said retired Supreme Court Justice Jose Melo is correct in saying that he will assume his post as chairman of the Commission on Elections only after his nomination is confirmed by the Commission on Appointments.

In a published statement, Melo said he prefers to wait for his confirmation before taking his oath as Comelec head although he was supposed to have been appointed by President Gloria Macapagal-Arroyo while Congress was on recess, in which case this is an ad interim appointment.

"Justice Melo is right on that point. He has delicadeza," Pimentel said.

Pimentel said the stand taken by Melo on this point is consistent with the pertinent provision of the 1987 Constitution (section 1, paragraph 2 of Article IX) which states:

"The Chairman and the Commissioners (of Comelec) shall be appointed by the President with the consent of the Commission on Appointments for a term of seven years without reappointment."

Pimentel pointed out that it is quite clear under this provision that although Melo has already been named by the President as Comelec chairman, there must be consent or concurrence by the Commission on Appointments before she can formally appoint him to the position.

He said this specific requirement - the consent of the CA - is a condition imposed by the Constitution for the chairmen and commissioners of the three independent constitutional commissions, including the Civil Service Commission and the Commission on Audit.

However, Pimentel expressed dismay that this constitutional rule has been shamelessly ignored by the Arroyo appointees to the Comelec.

He said Melo, being a seasoned jurist who is aware of this constitutional rule, has taken the side of caution by desisting from immediately assuming his post without the benefit of a CA confirmation.

Pimentel has challenged Melo to clean up the scandal-wracked and discredited Comelec and to institute much-needed electoral reforms, including the automation of elections.