Lack of quorum hits the Commission on Elections (Comelec) anew pending the reappointment of Commisioners Leonardo L. Leonida and Elias R. Yusoph whose appointments lapsed when Congress went on a month-long break last June 5 with the Commission on Appointments (CA) unable to act on their bid for confirmation.

Leonida and Yusoph were both appointed to the Comelec by President Arroyo when Congress was in recess enabling them to assume their positions at once without waiting for CA confirmation but as provided in Section 16, Article 7 of the Constitution, “such appointments shall be effective only until disapproval by the Commission on Appointments or until the next adjournment of the Congress.”

Hard hit by lack of quorum resulting in the postponement or resetting of scheduled hearing of pending poll disputes is the Comelec Second Division headed by Commissioner Nicodemo T. Ferrer as Presiding Commissioner. Its members are Commissioners Lucenito N.Tagle and Elias R. Yusoph.

Last week, the scheduled hearings of several poll disputes were postponed due to lack of quorum. Much as he desired to hold the hearing, Tagle could not proceed with the hearing as Ferrer is abroad in connection with his duties as chairman of the Comelec Committee on Absentee Voting (COAV) while Yusoph has not yet been reappointed after his ad interim appointment lapsed when Congress took a break last June 5.

Prominent election lawyer Francisco B. Sibayan, legal counsel of several litigants in election cases that were postponed, said Tagle, a retired justice of the Court of Appeals wanted very much to proceed with the hearing but was constrained to postpone the hearing because one of the parties raised the question of quorum.

Sibayan, along with former Integrated Bar of the Philippines Governor for Metro Manila Jose P. Icaonapo Jr., law practitioner and professor Cesar B. Brillantes, Philippine Trial Lawyers Association Executive Vice President Pete S. Principe and labor management consultant and general law practitioner Ernesto S. Dinopol appealed to President Arroyo for the reappointment of Leonida and Yusoph to enable the Comelec to work in full complement as it is now in full preparations for the 2010 elections.