Quezon City fiscal has the edge

MANILA, Philippines - While the issue of whether President Gloria Macapagal Arroyo can name the next Chief Justice rages, there is one appointment she can legally exercise that can help perpetuate her influence even beyond her term.

On Monday, February 8, the post of Chief State Prosecutor post will become vacant with the retirement of Jovencito Zuño, who turns 65, the mandatory age of retirement for government officials. (Read: Zuño: Public service can be ungrateful)

Appointed by President Fidel Ramos in 1997, Zuño has held the post for 13 years, outlasting 2 presidents and 9 justice secretaries.

In separate interviews with various sources, abs-cbnNEWS.com/Newsbreak gathered that Malacañang wants to appoint someone who they can control as added protection for Mrs. Arroyo when she finally leaves the Palace.

Aside from the Chief State Prosecutor, Malacañang has two more crucial appointments to make—Office of the Special Prosecutor and the Deputy Ombudsman for Luzon.

There's also talk the Palace wants to replace Ombudsman Merceditas Gutierrez so that the new appointee would have a fresh term of 7 years.

Role of Chief State Prosecutor

The Chief State Prosecutor has supervision over around 1,750 prosecutors nationwide. They are powerful in their own right since they are the first to decide whether cases are to be filed or dismissed. Prosecutors determine whether there is probable cause to file a case before the proper court.

With the forthcoming national elections, Zuño’s post has become more strategic and crucial. This is because government prosecutors, who are under the Chief State Prosecutor, play an important role in elections.

This could be one reason why the Palace wants to name a loyal Chief State Prosecutor.

Citing lack of lawyers, the Comelec has deputized the DOJ to take the lead in investigating and prosecuting election offenses.

The poll body tasked the DOJ to create a special task force in the National Capital Region and in the provinces to assist it in going after election offenses. “The Law Department and the Office of the Chief State Prosecutor of the DOJ shall jointly supervise the investigatory and prosecutorial functions of the COMELEC - DOJ Special task Force,” the Comelec said in its resolution 8733.

Prosecutors are also members of the City Board of Canvassers, the Provincial Board of Canvassers, and the District Board of Canvassers for the legislative districts of Metro Manila.

“We could serve as the eyes and ears for anyone,” one prosecutor assigned in DOJ says.

In an interview with abs-cbnNEWS.com/Newsbreak, Zuño refused to comment when asked if Malacañang ever used prosecutors in past elections beyond their poll duties.

The contenders

Who are the top contenders for Zuño’s post?

In our interviews with DOJ insiders, 3 names crop up: DOJ Undersecretary Ricardo Blancaflor; Senior Assistant Chief State Prosecutor Severino Gana; and, Quezon City Chief Prosecutor Claro Arellano.

Sought for comment, Blancaflor says he is flattered to be considered. He begged off from being interviewed, saying he does not want to be interpreted as eyeing the post. “I would rather my name not mention there. Please leave my name out of it,” he says.

Blancaflor’s backer in Malacañang is supposedly Executive Secretary Eduardo Ermita.  Blancaflor has also been dragged into the Alabang Boys controversy as the one who supposedly intervened for the drug suspects. Blancaflor has denied the allegation.

Blancaflor says he is busy chairing the DOJ task forces on human trafficking, terrorism, and extra-judicial killings of journalist. “I would rather stick to my present job.”

Gana was designated as acting Chief State Prosecutor when Zuño was suspended. He recently approved the filing of a tax evasion case against singer Claire dela Fuente, who owns a bus transport company. Gana's staff say he is too busy to grant an interview.
But some sources say Gana’s chances are “a long shot since he has no political backer,” unlike Blancaflor and Arellano.

Arellano has inside track

The loudest buzz in the DOJ is that Arellano is the likely replacement, given his strong connections to Malacañang.

Arellano, according to abs-cbnNEWS.com/Newsbreak's sources, is close to Carlos de Leon, the other half of the power couple in Malacañang who screens and recommends to the President appointees to the judiciary.

Prior to his Malacañang posting, De Leon was a former Quezon City fiscal and a colleague of Arellano. Arellano and De Leon were former regional state prosecutors, the former in Region 3, the latter in Region 4.

“They are close friends,” one prosecutor says. Another source says the two are “childhood friends.”

Another influential group backing Arellano is the Iglesia Ni Cristo (INC). The INC has been known to lobby for influential posts in the judiciary.

We inquired with several sources about Arellano’s reputation and got mixed feedback.

A Quezon City fiscal says Arellano is a “good, approachable and kind boss.” A prosecutor based in DOJ says Arellano could be a good choice “because he comes from the ranks. He would know how to address the prosecutors and their problems.”

But other sources say Arellano's integrity is suspect. Arellano is reportedly facing 4 administrative complains before the DOJ for corruption.

We sought an interview with Arellano, and he initially agreed. However, he cancelled one arranged interview due to scheduling problems. We contacted him through phone and he promised to return our calls. But as of posting time, he had not yet called.

A letter obtained by abs-cbnNEWS.com/Newsbreak addressed to INC executive Minister Eduardo Manalo asked the INC leader not endorse Arellano.

The letter-sender reminded Manalo to be true to its Church’s teaching that it will only support upright public officials. We are not detailing the alleged unethical practices since Arellano has not yet given his side.