Namfrel appeals Concepcion removal from roster

MANILA, Philippines -- The National Movement for Free Elections (Namfrel) has asked the Commission on Elections to re-examine its decision to accredit the poll watchdog on condition its former chairman, Jose Concepcion, be removed from the organization.

In its manifestation submitted April 19, a copy of which was obtained by INQUIRER.net, Namfrel argued against the legality of requiring Concepcion's removal, calling it "arbitrary and discriminatory."

Concepcion's removal from the organization was based on his being chairman of Barangay (village) Forbes in Makati City.

But Namrel lawyer Jose Bernas said the laws cited by Comelec only prohibit barangay officials from being appointed as members of boards of election inspectors (BEIs) or poll watchers of any political party.

The Comelec condition for Namfrel's accreditation was based on a Resolution 7798, which was derived from Executive Order (EO) 94 issued by former president Corazon Aquino on December 17, 1986.

"This directive imposed a prohibition on the appointment of barangay officials as members of BEIs or as official watcher of each duly registered major political party or any socio-civic, religious, professional or any similar organization," the Namfrel manifestation said.

It also stressed that EO 94 applied only to the February 2, 1987 plebiscite.

The Namfrel manifestation also argued that the prohibitions contained in the EO 94 are clear.

"The chairman of Namfrel is not and will not be appointed as a member or the BEI or as a poll watcher of any political party. Accordingly, the prohibition under Executive Order 94 does not apply to him," it added.

"Clearly, Comelec Resolution 7798 was not based on law and is therefore arbitrary and discriminatory. Neither can a Comelec resolution supplant nor go beyond the mandates of a law for the simple reason that Comelec has no lawmaking powers," it said.

It argued that the Namfrel chairman does not stay in the precincts, as he only oversees the overall conduct of quick count.

"Thus there is no danger of the Namfrel chairman interfering in the proceedings of the BEIs, whether as a member thereof or as a poll watcher. Moreover, as chairman of Barangay Forbes, the Namfrel chairman cannot be presumed to have such 'influence' over all electoral precincts nationwide," it said.

Meanwhile, Namfrel also announced in a separate manifestation to the Comelec that it had agreed to work with the National Secretariat for Social Action, Justice and Peace (NASSA). Both groups entered into an agreement on April 18.

Bishop Dinualdo Gutierrez agreed to remain co-chairman of Namfrel. (www.inquirer.net)