Autonomous constitutional commissions
>> Monday, June 10, 2019
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.
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