Presidential Prerogative or Arrogance?
Posted in philippine politics with tags Comelec, Presidential Appointment on July 6, 2008 by reytrillanaSec. Eduardo Ermita defended the President’s decision to appoint retired Court of Appeals Justice Lucenito N. Tagle and Malabon Regional Trial Court Judge Leonardo L. Leonida as Commission on Elections (Comelec) commissioners by saying that the President has the sole prerogative to choose officials for government posts. “It’s one to recommend, its one for the President to make her decision over something. In the end, it is the President who makes the final decision…That is the essence of presidential decision,” Mr. Ermita explained.
It will be recalled that civil society groups including former Ambassador Henrietta T. de Villa, chairman of the election watchdog Parish Pastoral Council for Responsible Voting, have expressed disappointment with the appointment of Tagle and Leonida as they were not part of the list of persons they recommended to the President.
Malacanang’s defense is, of course, anchored on Art VII, Sec 16 of the 1987 Philippine Constitution:
“The President shall nominate and, with the consent of the Commission on Appointments, appoint the heads of the executive departments, ambassadors, other public ministers and consuls, or officers of the armed forces from the rank of colonel or naval captain, and other officers whose appointments are vested in him in this Constitution.”
Arrogance and Insensitivity
But is the president’s prerogative to appoint absolute? Obviously not. The constitution provides that such power to appoint shall be circumscribed by the power of Congress to give its consent to such appointments. Mr. Ermita, therefore, cannot simply dismiss criticisms from civil society by simply saying that it is “presidential prerogative.” This is because such executive power has to be understood within the context of the principle of separation of powers and the system of check and balance. The idea of separation of powers centers on the need to give the different branches equal but different powers to avoid placing too much power to one individual or group. The corollary system of check and balance on the other hand ensures that any of the branch of government can exercise its power to check possible abuses committed by the other departments. One can surmise therefore that the grant of powers to government comes with a grave concern about ts abuse. This is the particular value of a constitution: to limit the plenary powers of government.That is the essence of democracy, Mr. Secretary.

But beyond constitutionality, the Malacanang’s defense of the President’s recent appointments (including that of a defeated senatorial candidate) reflects the arrogance and callousness that have characterized this administration.
Everyone knows that serious questions about the credibility of the electoral process have been raised since the so-called “Hello Garci” scandal. This government knows that many of the destabilization attempts against it have been motivated by assertions that the President cheated during the 2004 elections. Civil society has not been remissed in reminding Mrs. Arroyo that she should appoint COMELEC commisioners who can at least ameliorate such negative impression. The chair of the electoral body, Justice Jose Melo has also admitted that the agency he heads suffer from a “credibility gap.” Knowing all these, one would think that anadministration, sensitive to public opinion and wanting to strengthen democratic institiutions, would at least appoint commissioners that will reflect the electoral reforms needed to restore the trust of the people towards the electoral process. But no.
What we have is an insensitive government that would rather display its arrogance by telling people that they can pretty much do anything they want. That is the message being sent here. Malacanang created a body to recommend to the president possible appointments to the COMELEC. After that body came up with a list of people with probity and unbesmirched character, what does government do? It ignored the list; appointed its own and defended it by saying it is their power to do so.
The appointees also came up with some sort of a defense: give us a chance; don’t prejudge us. Sorry sirs, we cannot afford to give you a chance. The upcoming ARMM elections and the crucial 2010 elections are simpy too critical to be giving anyone time to prove himself. And besides, civil society has given a long list of people who do not have to prove themselves; why would this government appoint people who begs to be given a chance to prove themselves? Will they resign if they fail? I doubt. We have to remember that COMELEC commissioners can only be removed by impeachment and with Congress being what it is that is virtually impossible. So we cannot just accept the appointment and hope that they do well.
The cliche is true: absolute power corrupts absolutely. But should it also cripple resistance?
