Cayetano opposes
Sarmiento’s CJ nomination
By Office of Sen. Alan Peter
S. Cayetano
July 21, 2012
PASAY CITY – Senate Minority
Leader Alan Peter Cayetano strongly opposed yesterday the nomination
of Comelec Commissioner Rene Sarmiento as Chief Justice (CJ), saying
Sarmiento “allowed if not abetted” the perpetration of fraud in the
2007 and 2010 elections.
“We have just undergone the
painful impeachment of the head of the judiciary. What the judiciary
needs now is a CJ who will not only heal the wounds of impeachment,
but, more importantly, restore the people’s faith and confidence in
the Supreme Court,” said Cayetano in his letter to the Judicial and
Bar Council (JBC).
“We cannot afford to commit
another mistake in the appointment of a CJ. We cannot appoint somebody
like Commissioner Sarmiento whose competence, integrity, probity, and
independence are not beyond suspicion,” he stressed.
Cayetano accused Sarmiento
and other members of the Comelec of not deciding with dispatch his
nuisance candidate complaint against one Joselito Pepito Cayetano in
the 2007 senatorial elections, leading to confusion among voters and
the sabotaging of his chances of winning.
The senator said the Comelec
only disqualified Joselito Pepito three days before the election and,
worse, declared on election day that since their decision was not yet
final and executory, any vote for “Cayetano” would not be counted in
his (Alan Peter’s) favor.
“Furthermore, in an
unprecedented move, both COMELEC and the Department of Education
launched a campaign to call schools and Board of Election Inspectors
members to order them not to count 'Cayetano' votes in my favor,”
Cayetano told the JBC.
This was happening while the
former First Gentleman Mike Arroyo was openly campaigning against him
and telling politicians that he should not win at all cost, said the
senator.
The former First Gentleman
is the husband of Former President Gloria Macapagal-Arroyo, who
appointed Commissioner Sarmiento.
Cayetano pointed out that
the decision only accomplished what the handlers of Joselito Pepito
sought to do, which was to sow confusion among the electorate.
“Many voters thought that
Joselito Pepito had already been disqualified so they just wrote
‘Cayetano’ on the ballots to vote for me. Millions of these votes were
considered stray by order of the COMELEC, resulting in substantial
reduction of my total votes,” the senator said.
Cayetano said Sarmiento did
not protest this “machination” and that “no angry denunciation, no
stinging dissent – not even a whimper” was heard from the Comelec
official.
“Later on during the
counting of the votes, he (Sarmiento) would also inexplicably turn a
blind eye to the statistically impossible results of zero (0) vote for
candidates Noynoy Aquino, Ping Lacson and myself in some areas.”
Cayetano also charged
Sarmiento, as one of those who took charge of the elections in
Mindanao in 2007, which resulted in the orchestrated defeat of then
senatorial candidate Koko Pimentel.
“During an interview with a
news anchor, Commissioner Sarmiento denied having in their custody
blank election returns. But when shown a video of COMELEC personnel
bringing into Maria Cristina Hotel in Iligan City copies of blank
election returns, Commissioner Sarmiento took back his denial and
explained that the blank election returns were brought to the hotel
for safekeeping,” the senator said.
“Witnesses would later come
out claiming that Commissioner Sarmiento was involved in the grand
conspiracy to rig the 2007 Senatorial election to try to defeat then
candidates Noynoy Aquino, Ping Lacson and myself,” he added.
And despite the issues
regarding the operations of the so-called “Garci Boys” in the 2004
elections, Sarmiento has not stood up, initiated or moved for an
investigation of said individuals. In fact, instead of investigating
and punishing these people, many of the said “Garci Boys” were
promoted, said Cayetano.
“If fraud can be perpetrated
to a member of Congress, and in a much-publicized case, imagine how it
can be done easily to other citizens. Commissioner Sarmiento had the
obligation to uphold the integrity of the ballots and protect the
people’s will and not protect the machinations and schemes of powerful
traditional politicians,” the solon said.
Cayetano added that even
after the Senate started investigating the cheating in the 2004 and
2007 elections, where testimonies showed machinations of said “Garci
Boys”, Sarmiento did nothing.
“His inclusion in the list
of aspirants for the position of Chief Justice to the Supreme Court
may prove to be an embarrassment if I do not bring these events,
facts, and matters to the attention of the Honorable members of this
Council. I will be as guilty as Commissioner Sarmiento if I remain
silent. While Commissioner Sarmiento styles himself as an election
reformist, his actions – and inactions – show otherwise,” said
Cayetano.
Sarmiento’s actions and
inactions were not only evident during the 2007 and 2010 elections,
but even in his voting record, which is far from exemplary, said
Cayetano, citing Nila G. Aguillo v. Isidro L. Hemedes, Jr. and
Benjamin C. Del Rosario v. Rommel A. Gecolea.
“The above-described conduct
of Commissioner Sarmiento in the performance of his duties as a high
ranking official of the COMELEC puts under heavy cloud of doubt his
integrity, impartiality and propriety, which are all required from a
member of the judiciary, much more from the Chief Justice of the
Supreme Court.
“All of the above-mentioned
events, facts and matters can be easily verified as they are of public
knowledge and borne out by public and official records. Moreover,
since most of these were reported in the national media, a simple
search in the internet will show the factual background of my
statements.
Under the rules, the JBC may
conduct a discreet investigation with Cayetano expressing readiness to
“provide more information and assist in any way to get the truth, the
whole truth.”