Autonomous constitutional commissions

LETTERS FROM THE AGNO

March L. Fianza

Despite being independent from the three main branches of government as backed by the Constitution, and therefore free from politicking, there must still be someone who can push the Commission on Elections (Comelec) and the Commission on Audit (COA) to dig deeper into anomalies that knock on their doors.

The Comelec is vested the power to enforce laws relative to the conduct of an election, plebiscite, referendum, and recall of erring elective officials found guilty of cheating.

Yes, the Comelec conducts all these, except that as a voter since four decades ago, I saw only one official recalled from an elected post in the person of Baguio Mayor Jun Labo.

The Marcos-Robredo vice presidential case is taking too long to resolve. That also involved problems with the automated count of votes. With any new complaint in Baguio and Benguet for example, where there were unbelievable election results, they will never be resolved before the 2022 elections.

During President Duterte’s recent trip to Japan, he insinuated in his speech to the Filipino community that automated election provider Smartmatic should be replaced as the electorate can no longer trust the system because of non-transparency and several complaints.

In the President’s speech, there was no accusation of corruption pointed to the Comelec, but just the same, there was reason why he mentioned about replacing Smartmatic that was always the winner in all the bids.  

Of course, the Comelec as an independent government agency usually vouches for the integrity of the automated elections, but inquiries were raised by people who understand and are knowledgeable about automated elections.

With a suspicious and untrusted election provider, the number of election protests increases which all the more burdens the Comelec that usually cannot resolve election cases because these are overtaken by elections that come in three years.

As usual, the independent Constitutional body comes up with reasons that the electorate cannot easily grasp. But it is already the President, the person who appointed them to their positions as Comelec workers who is saying that something is wrong about the conduct of the automated elections.

There are moves the Comelec can do before the next election comes. They can heed the President’s call or go against him. They may also protect the people and the sanctity of the ballot, or protect Smartmatic. It is their choice.   

The COA meanwhile has the power and authority to scrutinize, audit and settle all accounts concerning government properties, revenues, receipts and expenditures of government money.

A newspaper during the recent election campaign printed stories of anomalies or irregularities saying that COA should conduct independent audit on the actual utilization of funds by the past administration in Benguet.

The allegation included the utilization of over P100 million that was covered by an alleged “midnight” appropriation ordinance by the former provincial board on June 13, 2016, barely one month after the May 2016 elections.

The amount was used mostly for provincial development. But it was also used for the purchase of lap top computers, hand held radios, parachutes, jacket vests, rain coats and flashlights, indigenous musical instruments, Monobloc chairs and plastic tables, and other purchases that were donated mostly during the election campaign to different individuals and private organization beneficiaries province-wide.

Then another news report came out with a story two weeks ago saying that the COA has discovered alleged irregularities in the administration of the properties of Baguio, including the Asin Hydroelectric Plant facility, and other expenditures.

I know that the city constructed a building on a private lot at Asin, Tuba which has become a white elephant. I am not sure if the construction was covered by an appropriation ordinance. Maybe there is none.

Being an independent constitutional body free from the stranglehold of politicians, the COA should continue the audit of the alleged anomalies that it has started. Drink the coffee while it is hot.

If there is merit and before the issue gets cold, cases should be filed with the Ombudsman against the personalities involved, including the chief executive, the treasurer, budget department head, the administrator, and even the city council as author of the necessary ordinance.