Bye Garci, hello Melo

EVEN AS I write this, Kapampangans of myriad persuasions but bonded by one mission – the ouster of Gov. Eddie T.Panlilio – are engaged in mass action before the offices of the Commission on Elections in Manila.
Led by the Kapanalig at Kambilan ning Memalen Pampanga Inc. (Kambilan) that spearheaded the Recall-Panlilio movement that generated over 224,000 signatories, the cabalens are pushing for the Comelec to hold the recall elections in Pampanga.
I can only sympathize with their action. And empathize should they fail.
The recall of an incompetent elected official – being a constitutional right of the people – is subject neither to the availability of funds nor the whims of the Comelec, less so its chair.
Rightly so, Comelec Chairman Jose Melo deserves every flak he gets from the recall petitioners.
As businessman and Advocacy for the Development of Central Luzon Chair Rene Romero says: “Hinayaan nilang gawing lahat ng 224,000 Kapampangans ang hinihingi ng batas sa recall, pasado ang sustansiya at porma, subalit ngayon sasabihin ng Comelec na wala nang recall dahil salat na sa panahon at budget? Hindi ba’t panloloko at pagkakait na ito sa karapatan ng mga Kapampangan?” (They allowed the 224,000 Kapampangans to go through the process of recall, the petition was found sufficient in substance and form. Now, the Comelec says there would not be any recall for lack of funds and time. Aren’t they fooling the Kapampangan and depriving him of his constitutional right?).
Last week Melo was quoted in the papers as saying the lack of material time and funds made recall elections virtually impossible.
Asks the Kambilan now: So who’s to blame for the lack of material time and the requisite funds for the holding of recall elections in Pampanga?
Why, it’s the Comelec – specifically its chair, Melo – that’s who!
How? Read on.
By law the Comelec en banc must rule on the sufficiency of the recall petition against Panlilio within 15 days from its date of filing.
The petition was filed on Oct. 15, 2008. The Comelec, on Nov. 13, 2008 – all of 29 days after the filing – issued Resolution 8547 suspending consideration of all recall petitions, instead of ruling on them. This notwithstanding the Oct. 23, 2008 recommendation of the Comelec’s Office of the Deputy Executive Director for Operations that the Pampanga petition be certified as sufficient. We see some clear infraction, if not outright violations of the law there.
On Jan. 28, 2009, Comelec lifted the suspension on the recall petitions with Resolution 8579. But rather than work on how to effect the recall petitions, the Comelec, particularly its chair Melo, dwelt on the hardships and difficulties of getting the funds in a media blitz that conditioned the minds of the people on the futility of holding recall elections.
So who’s to blame for frustrating the sovereign will of the people of Pampanga?
Why, it’s the Comelec – specifically its chair, Melo – that’s who! Ought he not be impeached?
As the advocate Romero again says: “Is the Comelec comatose and incompetent? Is the government agency responsible to safeguard the rights of the people on recall polls liable for gross negligence and dereliction of duty? Is there a basis for us to file a case against the Comelec?” Test the matters there, Sir, to find out.
Another take on Melo by the recall movants was that he “acts as Panlilio’s lawyer.”
By conceding that the Comelec can no longer hold recall polls, Melo has practically outdone the outspoken Romulo Macalintal as lawyer for the beleaguered Panlilio.
And more. Melo announced that the P50 million funding for recall elections was deleted by the Senate in the 2009 general appropriations. Plus, “we’re running out of time, anyway.”
Like a true defense lawyer, Melo conveniently omitted facts and issues to tending to disfavor his client, to wit: the bicameral conference committee. There are reports that the bicam has restored not only the P50 million as proposed by the House but all the funds earlier requested by the Comelec.
Instead of working vigorously to uphold the constitutionally mandated recall process, Melo, with his patented slow-drag, is doing everything to frustrate it.
By sounding more like a highly-prejudiced Panlilio lawyer than an unbiased, fair and just Comelec chair, Melo may look like reducing the election body to shame anew. What “Hello Garci” was to 2004, Melo is now to recall?
No more Garcillano. So who is now the poster boy for the Comelec’s worst? Melo, that’s who. At least to the Kapampangans. But ain’t Melo a Kapampangan himself? Go ask his Mimosa golfmates.