Sunday, January 16, 2011

Brillantes Jr. vows to eradicate election fraud as new COMELEC chairman

Sixto Brillantes Jr takes oath
Newly sworn in Commission on Elections chair Sixto Brillantes Jr. on Sunday said he aims to “perfect" automated elections during his term to totally eradicate election fraud in the country.

The veteran election lawyer took his oath of office at 4:19 p.m. Sunday before Associate Justice Antonio Eduardo Nachura at the Supreme Court.

“During the first national automated elections, the Comelec resolved a number of election problems.  We just need to perfect the automated election system to see that election fraud is absolutely obliterated," Brillantes said in an interview Sunday.

At a press briefing after his oath-taking, Brillantes said he will implement "structural and organizational" changes within the Comelec.  He said the Comelec needs to improve its internal functions.


"
Ang bagal gumawa ng desisyon ng Comelec," Brillantes said, citing some setbacks in terms of accrediting political parties during last year's automated elections.

He is confident he can wipe out electoral fraud and corruption as he is "familiar with various poll problems" plaguing the country, he said in the interview.





He will report to the Comelec office in Intramuros, Manila, on Monday to meet with the poll body's commissioners and employees.  "I will go around the office [Monday] to talk with them individually."


Justice Secretary Leila de Lima said that Brillantes opted to take his oath as the new Comelec chief before Nachura because "they worked in the same law office, went to the same school, and are good friends."

Both of them were with the Brillantes Nachura Navarro Jumamil Arcilla Escolin Martinez Law Offices.


Alam ko ang mga problema at ang mga tao sa Comelec.  Change of status lang ito," Brillantes said, referring to his experience as an election lawyer, which he intends to bring into his post.

With Brillantes at the helm, the poll body can reach "full and permanent modernization" and be transformed into a more competent institution, De Lima, for her part, said in a text message to reporters.


"He is already well versed with its problems and has established personal and professional linkages with its senior staff.  He has moral ascendancy over them," De Lima said.


He will give Comelec a "fresh infusion of energy and perspective," added De Lima, herself an election lawyer.


Brillantes' expertise in election law will make Comelec running without any need for introductions or warm ups.  "He had been warming up for this post since he started his election law practice," De Lima said.


Automated polls, ‘new problems’


On Sunday, militant group Bagong Alyansang Makabayan (Bayan) said that as the new Comelec chair, Brillantes should look into the ghosts of election fraud over the past decade.


“For the longest time, Comelec has been perceived as one of the most corrupt government agencies because of the conduct of its officials.  Now is a good time to begin the process of cleaning up Comelec," Bayan secretary general Renato Reyes Jr. said in a statement.


According to Reyes, the new Comelec chairman should look into the involvement of the poll body's officials in the rigging of the 2004 elections, as well as various irregularities and anomalies in the approval of contracts for election paraphernalia.


The problems that beleaguered last year's automated polls and the questionable groups and nominees that participated in the party-list elections should also be looked into, he added.


Reyes pointed out that the automated polls have not stamped out election problems.  "New problems arose even as many old problems persisted," he said.


"Attorney Brillantes is known for his expertise on election laws.  Malaking bagay para sa Comelec ang knowledge niya.  We will guide him how to work in the government," Comelec Commissioner Rene Sarmiento, the most senior official in the poll body, said in a separate interview.


To assume post Monday


On Saturday night, Brillantes disclosed that he was named as Comelec's new chief. Brillantes expects to formally assume his new post Monday replacing
Jose Melo, who resigned from his post effective Saturday.

Radio dzBB reported that his apparent closest rival to the post had even backed out of the race; Romulo Macalintal, had asked to remove his name from the list of prospects.


Macalintal wrote President Benigno Aquino III a letter, saying he decided not to seek the top Comelec post because of his family, dzBB said.


But Macalintal stressed he is still ready to help in election-related matters.


Last week, Macalintal and Brillantes both expressed readiness to take the post, even as they downplayed speculations they are pawns of two factions in MalacaƱang.


Macalintal was perceived to have the backing of the "Balay" group of former Sen. Manuel Roxas II while Brillantes was said to be backed by the rival "Samar" group.


Still, presidential deputy spokesperson Abigail Valte pointed out in a separate interview on dzBB that MalacaƱang has not made any formal announcement on the new Comelec chair's appointment.


A
Philippine Daily Inquirer report quoted Brillantes as saying that President Benigno Aquino III signed his appointment papers Saturday night.– With Sophia Dedace/MRT/VS/KBK, GMANews.TV

Monday, January 10, 2011

Poll employees appeal to Chairman Melo and Commissioners

Press Statement
December 28, 2010

APPEAL TO CHAIRMAN JOSE MELO AND COMMISSIONERS THIS CHRISTMAS SEASON 2010

While we join the entire nation in celebrating the success of the first automated national elections in Philippine history this year; we, the rank and file employees of the Commission on Elections (COMELEC) under the Alliance of COMELEC Employees in Service (ACES), can not help but express our deep concern over the COMELEC’s state of finances for this year, 2010.

Recent statements from COMELEC higher-ups reveal a seemingly healthy financial situation. COMELEC Law Department Director and Bids and Awards Committee Chairman Ferdinand Rafanan has declared recently that the COMELEC was able to save a whopping P943 Million from the recent bidding processes. He even boasted that the COMELEC has enough savings to provide a monthly bonus of P20, 000 to each COMELEC employee nationwide for a period of nine (9) months! [See attached Rafanan’s statement]

Rafanan’s pronouncement was further reinforced when the majority of COMELEC Commissioners agreed (by affixing their signatures to the Petition circulated by the ACES addressed to the COMELEC en banc on December 20, 2010) to provide a CHRISTMAS INCENTIVE to COMELEC employees who labored hard to ensure the success of the May 10, 2010 Automated Elections and the October 25, 2010 Barangay and SK elections.

But despite the millions, if not billions of savings accumulated; COMELEC employees NEVER received any Christmas Incentive from the COMELEC for two (2) consecutive years already! For this year, we were only provided with Anniversary Bonus (equivalent to one month salary but not less than P10,000) and Rice Subsidy (P2,000). [Note that these incentives are traditionally given to us employees and that only the Directors and Commissioners benefit from them because of their high salaries!] The COMELEC only added another P3,000 to the P7,000 Bonus allocated by the Department of Budget Management (DBM) to government workers last December 15, 2010.

The absence of Christmas Incentive for two (2) consecutive years and other surprising developments, such as Chairman Jose Melo’s early retirement (effective January 31, 2011) and Finance Department Director Eduardo Mejos’ reported resignation (effective December 31, 2010); leads us, all employees, to WORRY AS TO THE FINANCIAL STATUS OF THE COMELEC.

We must take into account that the COMELEC was allotted P11.3 billion supplementary budget for the May 10 Automated National and Local Elections and another P3.2 billion for the October 25 Barangay and SK elections.

Also, we must bear in mind that government employees who contributed either in productivity or cost savings of the agency are entitled to financial incentives, in whatever form. According to Public Sector Labor Management Council (PSLMC) Resolutions, 80% of savings generated by the agency from the adoption and implementation of cost-cutting measures can be the source of these incentives.

Lastly, we APPEAL TO CHAIRMAN MElO AND COMMISSIONERS THAT The benefits and privileges TRADITIONALLY GIVEN TO COMELEC employees FOR CHRISTMAS FROM CONSTITUTIONAL FISCAL AUTONOMY GROUP (CFAG) SAVINGS BE GIVEN AS SOON AS POSSIBLE.

Thursday, January 6, 2011

COMELEC accused of granting "selective" incentives

An association of rank and file employees of the Commission on Elections on Monday accused the poll body of supposedly granting "selective" incentives when it gave bonuses to Comelec chairman Jose Melo and other officials last Christmas.

Alliance of Comelec Employees in Service (ACES) president Luallah Pama said that while the Comelec employees did not receive any Christmas incentives, Melo supposedly received P77,653 while his staff and regional election directors got bonuses equivalent to one month of their salaries for their role in the 2010 automated elections.


Pama specifically cited poll body finance department director Eduardo Mejos and Comelec's resident Commission on Audit (COA) auditor Resurreccion Quieta, who supposedly received P51,623 and P45,971 respectively.


"We are baffled as to where they find the gall to reward themselves with bonuses last Christmas when the rest of the rank and file got nothing. Do they mean they were the only ones that did their jobs last May 10? Were it not that all the Election Day glitches and snags happened only because of the bad decisions that came from them?" Pama said in a statement released Monday.


Pama explained that Comelec employees have not been getting Christmas incentives for the past two years despite the supposed millions in savings accumulated by the poll body, which is allegedly causing a "creeping demoralization" among their ranks.


Since December 28, several rank and file employees of the poll body have been staging protests during their lunch breaks, demanding the release of their Christmas incentives which Pama says is traditionally given to them by the Comelec.


"We shall continue with our protests until the Comelec en banc heeds the legitimate cries of the rank and file," she said.


In an e-mail to GMANews.TV, Comelec spokesman James Jimenez said he has yet to see the original payroll documents indicating the supposed Christmas incentives that were given to Melo, his staff, and other officials.


He noted, however, that it is "inaccurate" to say that only those mentioned by Pama received bonuses last Christmas.


"The truth of the matter is that for FY 2010, the Commission actually granted eight separate bonuses to its employees, on top of the regular benefits granted to government employees," Jimenez said.


Jimenez said that among the eight bonuses were:

  • rice subsidy - P8,000
  • special financial aid - P7,000
  • incentive bonus - one month salary, but not less than P10,000
  • across the board allowance - P5,000
  • anniversary bonus - P10,000
  • special economic amelioration assistance - P10,000
  • financial assistance for Comelec Employees - one month salary, but not less than P10,000
  • performance enhancement incentive - P10,000 

Jimenez likewise explained that the granting of "additional benefits" is subject to the availability of funds.  

"This year the savings will be used to defray the expenses for the conduct of the ARMM elections in August 2011.  This is in conformity with the directive of the Department of Budget and Management, with the concurrence of Congress," he said.

  • "The Comelec has given all the benefits it can give," Jimenez added.
    — RSJ, GMANews.TV



  • Thursday, November 25, 2010

    COMELEC Chairman Melo quits post effective end of January

    COMELEC Chairman Jose Melo
    Commission on Elections (Comelec) Chairman Jose Melo has resigned from the poll body, four years before his term of office is scheduled to end.  He reportedly wants to "move on" after the country's first automated elections last May and the barangay elections last October. 

    A former Supreme Court justice, Melo is 78 and has been in the government service for much of his career. 

    Despite dire predictions by many experts and numerous glitches in the preparations, last May's elections were generally considered a success. 

    Comelec Commissioner Gregorio Larrazabal confirmed Melo's resignation in a text message to GMANews.TV. 

    Larrazabal said Melo submitted his resignation letter to the poll body and the en banc accepted it on Tuesday. 

    “I know that it [the letter] will be submitted to the Office of the President soon," he said.

    In a separate interview, Comelec Commissioner Nicodemo Ferrer said that the resignation will “tentatively" take effect on January 31, 2011.

    “We have been talking about it [the resignation] for quite some time now. That is why hindi naman kami na-surprise talaga [we were not really surprised by it]," he said.



    For the latest Philippine news stories and videos, visit GMANews.TV

    Melo was appointed by former President Gloria Macapagal-Arroyo as Comelec chairperson in 2008.  His term of office was for seven years, or until 2015.

    Larrazabal did not state the reason behind Melo’s early resignation, although he said that “the Comelec chairman’s main focus was the May 2010 elections when he was appointed to the post."

    Ferrer, for his part, said that the Comelec chairperson resigned because “he wants to move on."

    MalacaƱang has yet to comment on Melo's resignation. 

    As Comelec chairman, Melo oversaw the conduct of the Philippines’ first ever nationwide automated elections last May 10. 

    Amid a barrage of criticism about the automation glitches, Melo had said in February he would resign should the May elections fail due to the Comelec's fault. (See: Comelec chair to resign if automated elections fail)

    However, despite the various technical glitches encountered before and during the polls, the country was able to elect its national and local leaders for the first time using automated counting machines.

    Prior to his stint at the Comelec, Melo was appointed in 2006 by then President Arroyo to head a body to probe the various cases of extrajudicial and political killings in the country, which targeted mostly militant activists and members of the media. 

    The investigating body, known as the Melo Commission, concluded that most of the killings can be attributed to the military. (See: Melo Commission: Palparan could be held liable for killings)-
     Andreo Calonzo/KBK/JV/HS, GMANews.TV

    Tuesday, September 21, 2010

    Resolution No. 9029 - Guidelines on the Filing of Certificates of Candidacy for Barangay & SK Elections

     RESOLUTION No. 9029 


    GUIDELINES ON THE FILING OF CERTIFICATES OF CANDIDACY IN CONNECTION WITH THE OCTOBER 25, 2010 BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS

    Promulgation: 21 September 2010




    The Commission on Elections, by virtue of the powers vested in it by the Constitution, the Omnibus Election Code, Republic Act No. 9164, and other election laws, RESOLVED, as it hereby RESOLVES, to promulgate the following guidelines on the filing of certificates of candidacy in connection with the October 25, 2010 Barangay and Sangguniang Kabataan elections.


    SECTION 1. Officials to be elected. - The officials to be elected in each barangay are the following:
    (a) For the Barangay Elections:
    One (1) Punong Barangay and seven (7) Sangguniang Barangay Kagawad.
    (b) For the Sangguniang Kabataan Elections:
    One (1) Chairman and seven (7) Sangguniang Kabataan Kagawad.
    SEC. 2. Qualifications. - (a) Candidates for Punong Barangay and Sangguniang Barangay Kagawad must be:
    (1) Filipino citizens;
    (2) At least 18 years old on election day;
    (3) Able to read and write Filipino or any local language or dialect; and
    (4) Registered voters of the barangay where they intend to run for office and residents thereof for at least one (1) year immediately preceding the day of the election.
    (b) Candidates for Sangguniang Kabataan Chairman and Sanggguniang Kabataan Kagawad must be:
    (1) Filipino citizens;
    (2) At least fifteen (15) years old but less than eighteen (18) years old on election day;
    (3) Able to read and write Filipino, English or the local dialect;
    (4) Qualified members of the Katipunan ng Kabataan of the barangay where they intend to run for office and residents thereof at least one (1) year immediately preceding the election; and
    (5) Must not have been convicted of a crime involving moral turpitude.
    SEC. 3. Disqualifications. - The following are disqualified from running for any elective barangay and sangguniang kabataan positions:
    (a) Those sentenced by final judgment for an offense involving moral turpitude or for an offense punishable by one (1) year or more of imprisonment, and within two (2) years after service of sentence;
    (b) Those removed from office as a result of an administrative case;
    (c) Those convicted by final judgment for violating the oath of allegiance to the Republic;
    (d) Those with dual citizenship unless at the time of filing of the certificate of candidacy, he makes a personal and sworn renunciation of any and all foreign citizenship before any public officer authorized to administer an oath;
    (e) Fugitives from justice in criminal or nonpolitical cases here or abroad. A fugitive from justice includes not only those who flee after conviction to avoid punishment but likewise those who, after being charged, flee to avoid prosecution;
    (f) Permanent residents in a foreign country or those who have acquired the right to reside abroad and continue to avail themselves of the same right after the effectivity of the Local Government Code;
    (g) The insane or feeble-minded;
    (h) Any candidate who, in an action or protest in which he is a party, is declared by final decision of a competent court to be guilty of having, or is found by the Commission to have committed the following acts shall be disqualified from continuing as a candidate or, if already elected, from holding office:
    (1) Given money or other material consideration to influence or induce voters to vote for or against a candidate, or to abstain from voting, or to corrupt government officials and employees performing election functions;
    (2) Committed acts of terrorism to enhance his candidacy;
    (3) Spent in his election campaign an amount in excess of that allowed by law;
    (4) Solicited, received, or made any contribution prohibited under Secs. 89, 95, 96, 97 and 104 of the Omnibus Election Code;
    (5) Violated any of Secs. 83, 86 and 261 (pars. e, k, v and cc, sub par. 6) of the same Code; or
    (6) Those who have been elected and served for three (3) consecutive terms in the same position. Voluntary renunciation of office for any length of time shall not be considered as an interruption in the continuity of service for the full term for which the elective official was elected.
    SEC. 4. Candidates holding appointive or elective office. - Appointive barangay, city/municipal, provincial, regional, or national officials or employees, or those in the civil or military service, including those in government-owned or controlled corporations, shall be considered ipso facto resigned from office and must vacate the same at the start of the day of filing of his certificate of candidacy for a barangay or sangguniang kabataan office.

    For incumbent municipal, city, provincial and national elective officials running for any barangay elective position shall also be considered ipso facto resigned upon the filing of their certificates of candidacy.

    SEC. 5. Certificate of candidacy. - Any person running as candidate for Punong Barangay, Sangguniang Barangay Kagawad, Sangguniang Kabataan Chairman or Sangguniang Kabataan Kagawad shall file a sworn certificate of candidacy in triplicate in the form attached herein as Annexes "A", "A-1", "B" and "B-1" respectively.  The format of the certificate of candidacy may be obtained from the Election Officer, free of charge or may be downloaded from the Comelec website at www.comelec.gov.ph.

    The certificate of candidacy shall be filed during regular working hours, from 8:00 o'clock in the morning to 5:00 o'clock in the afternoon, from October 1, 2010 to October 13, 2010, inclusive, with the Office of the Election Officer of the city/municipality concerned.  However, on the last day of filing, the Office of the Election Officer shall receive the certificates of candidacy until 12:00 o'clock midnight.

    Certificates of candidacy shall be filed personally or through a duly authorized representative who must present a written authorization under oath.  No certificate of candidacy shall be filed or accepted by mail, telegram or facsimile.

    No person shall be eligible to run for more than one office, that is, Punong Barangay and Barangay Kagawad, and if he files his certificate of candidacy for more than one office, he shall not be eligible for any one of them. However, before the expiration of the period for the filing of certificate of candidacy, the person who has filed a certificate of candidacy for more than one office may declare under oath the office for which he desires to be elected and cancel the certificate of candidacy for the other office.

    In cities/municipalities where there are two or more Election Officers, the certificate of calididacy shall be filed with the Office of the Election Officer having jurisdiction over the barangay where he is a candidate.

    The Election Officer or any authorized employee receiving the certificate shall record in separate logbooks, the date and time of receipt of the certificates of candidacy of barangay and sangguniang kabataan candidates. The date and time of receipt shall also be indicated in each copy of the certificate of candidacy.

    SEC. 6. Contents of certificate of candidacy. - The certificate of candidacy shall contain the following:
    (A) A statement announcing the candidacy of the person filing it;
    (b) The position for which he is a candidate;
    (c) A statement that he is eligible for said position;
    (d) His citizenship, residence and date of birth;
    (e) His post office address for election purpose;
    (f) His profession or occupation;
    (g) A statement that he is eligible for the office he is running for;
    (h) A statement that he will support and defend the Constitution of the Republic of the Philippines and maintain true faith and allegiance thereto, and that he will obey the laws and legal orders promulgated by the duly-constituted authorities;
    (i) A declaration that he is not a permanent resident of, or an immigrant to, a foreign country;
    (j) That he assumes the obligations imposed by his oath voluntarily, without mental reservation or purpose of evasion; and that the facts stated in the certificate of candidacy are true to the best of his knowledge; and
    (k) Such other data as may be required by the Commission.
    Unless a candidate has officially changed his name through a court approved proceeding, a candidate shall use in his certificate of candidacy the name by which he has been baptized, or if he has not been baptized in any church or religion, the name registered in the office of the local civil registrar or any other name allowed under the provisions of existing law or, in the case of a Muslim, his Hadj name after performing the prescribed religious pilgrimage. However, when there are two (2) or more candidates for the same office with the same name and surname, each candidate, upon being made aware of such fact, shall state his paternal and maternal surnames, except an incumbent who may continue to use the name and surname stated in his certificate of candidacy when he was elected. He may also include one (1) nickname or stage name by which he is generally or popularly known in the locality. Titles such as Don, Hadji, Datu, Atty., Dr. or other words of similar import shall not be allowed.

    SEC. 7. Certificates of candidacy filed by persons who are not registered voters or those filed through mail, telegram, facsimile. Effect. - Certificates of candidacy of persons who are not registered voters in the barangay where they intend to run; or those filed through mail, telegram or facsimile shall not be accepted. For this purpose, the Election Officer shall issue a Certification to the persons whose certificate of candidacy has not been accepted.

    SEC. 8. Distribution of certificates of candidacy and preparation of list of candidates. - (a) Copies of the certificate of candidacy shall be distributed by the Election Officer as follows:
    (1) For Barangay Officials:
    1. First Copy, to the Election Records and Statistics Department, Commission on Elections, Manila;
    2. Second Copy, to be retained by the Election Officer for his file; and
    3. Third Copy, to be retained by the candidate concerned.
    (2) For Sangguniang Kabataan Officials:
    1. First copy, to the Election Records and Statistics Department, Commission on Elections, Manila;
    2. Second copy, to be retained by the Election Officer for his file; and
    3. Third copy, to be retained by the candidate concerned.
    (b) Immediately after the last day for the filling of certificates of candidacy, the Election Officer shall prepare a certified consolidated list of all candidates for elective Barangay and Sangguniang Kabataan officials per barangay.

    (c) Within two (2) days after the last day for the filing of certificates of candidacy, the Election Officer shall transmit to the Election Records and Statistics Department, Commission on Elections, Manila the following:


    1. a copy of the said list of candidates together with the first copy of the certificates of candidacy of the Barangay and Sangguniang Kabataan candidates; and
    2. a list of persons whose certificates of candidacy were not accepted and the reason/s for non-acceptance.
    (d) At least seven (7) days before election day or not later than October 18, 2010, the Election Officer shall post copies of said lists in the barangay hall and in three, (3) other conspicuous places in the barangay.

    (e) The Election Records and Statistics Department shall acknowledge receipt of said copies and list within two (2) days from receipt thereof.

    SEC. 9. Withdrawal of certificate of candidacy. - Any person who has filed a certificate of candidacy may withdraw it at any time before election day. A sworn declaration of withdrawal shall be filed personally, in triplicate with the Office of the Election Officer where the certificate of candidacy was filed. The certificate of candidacy shall be deemed withdrawn upon filing of the sworn declaration of withdrawal.

    The declaration of withdrawal shall be distributed in the same manner as the certificates of candidacy, furnishing a copy or copies thereof to the Board(s) of Election Tellers concerned.

    The copy for the Election Records and Statistics Department, Commission on Elections, Manila shall be transmitted within twenty-four (24) hours from the filing of the declaration. The Election Records and Statistics Department shall immediately acknowledge receipt thereof.

    The filing or withdrawal of a certificate of candidacy shall not affect any civil, criminal or administrative liabilities of the candidate concerned.

    SEC. 10. Substitution of candidates. - There shall be no substitution of candidates for sangguniang kabataan elections, but substitution by the spouse shall be allowed for candidates for barangay elections.
    The substitute for a candidate who died or suffered permanent incapacity or disqualified by final judgment, may file his certificate of candidacy up to mid-day of election day, 12 o'clock noon of October 25, 2010. If the death or permanent disability should occur between the day before the election and mid-day of election day, the substitute candidate may file the certificate with any Board of Election Tellers (BET) in the political subdivision where he is a candidate.

    SEC. 11. Authority of the Election Officer to administer oath. - For purposes of the barangay and sangguniang kabataan elections the Election Officer shall be authorized to administer oaths, free of charge, on all matters related to the conduct of said elections, including the administration of oath to certificates of candidacy.

    SEC. 12. Effectivity. - This Resolution shall take effect on the seventh day after its publication in two (2) daily newspaper of general circulation in the Philippines.

    SEC. 13. Dissemination. - The Education and Information Department shall cause the immediate publication of this resolution, give the same the widest dissemination possible and furnish copies thereof to all Regional Election Directors, Provincial Election Supervisors and Election Officers.


    S0 ORDERED.
    (Sgd.) JOSE A.R. MELO
    Chairman
    (Sgd.) RENE V. SARMIENTO
    Commissioner
    (Sgd.) NICODEMO T. FERRER
    Commissioner
    (Sgd.) LUCENITO N. TAGLE
    Commissioner
    (Sgd.) ARMANDO C. VELASCO
    Commissioner
    (Sgd.) ELIAS R. YUSOPH
    Commissioner
    (Voted in favor of this resolution, but on
    official business at the time of its signing.)
    GREGORIO Y. LARRAZABAL
    Commissioner

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