By ARIES RUFO
abs-cbnNEWS.com/Newsbreak

With less than two weeks before Congress resumes its session, President Arroyo has yet to fill up the two remaining vacancies in the Commission on Elections.

The delay in the appointment is particularly disconcerting for Chief State Prosecutor Jovencito Zuno, who has long been tipped off to be one of the two potential appointees to the poll body.

Two poll commissioners we interviewed on phone said Zuno’s appointment was supposed to have been released Friday last week, but it didn’t come out for some reason. Apparently, Zuno was also expecting the appointment to have come out that day.

In Tuesday’s en banc meeting, Zuno called Comelec chair Jose Melo to inquire if his appointment papers have been signed, one commissioner told abs-cbnnews.com/ Newsbreak. However, Melo told Zuno that he should ask Malacanang instead for confirmation.

Zuno had recently worked under Melo as member of the Melo Commission that looked into the spate of political killings in the country, mostly involving leftist activists.

One of the commissioners said that even before Melo was appointed Comelec chair, Zuno had already been tipped off as poll commissioner in the seven-man body to fill up the posts vacated last February by retired commissioners Resurreccion Borra and Florentino Tuason Jr.

The retirement of Borra and Florentino and the resignation in September last year of Benjamin Abalos Jr as poll chair have caused a problem of quorum as only four were left to exercise the Comelec’s quasi-judicial powers. The problem arises when one of the commissioners inhibits himself from the proceeding, prompting a lack of quorum.

The situation has affected the immediate resolution of some controversial electoral cases.

In some cases, the effect was fatal.

One particular case is the pending gubernatorial protest in Shariff Kabunsuan province in Mindanao. Acting Comelec law department head WynneAsdala’s death is believed to be connected to the case, as well the murder last year of his predecessor, Alioden Dalaig.

The lack of quorum in Comelec became more pronounced when Congress failed to take up the ad interim appointment of former judge Moslemen Macarambon Sr. before it took a recess. Macarambon’s confirmation was among those affected by the controversy generated by Senator Jamby Madrigal when she invoked Sec.21 of Commission on Appointment rules on the last day of the session before the Holy Week break.

Sec. 21 allows one CA member to suspend deliberations on the confirmation of one nominee or nominees without any debate. Madrigal was originally targeting the confirmation of some 27 military officials.

Malacanang has issued another ad interim appointment to Macarambon, following the ad interim appointment of Melo as chair. Yet, while there are now five members, one commissioner said quorum problems could still arise. "It would be better if all seven members will participate."

Our sources said Zuno’s extra efforts to confirm his appointment may be due to the fact that he wont be able to assume the post if his appointment is made when Congress is already in session. One commissioner explained that he would have to be confirmed first by the CA first before he could take up the post.

In contrast, an ad interim appointment allows one to take up the post even without undergoing the CA proceeding.

We called Zuno’s office but he was unavailable for interview.

A source from the Malacanang talent search committee said that Zuno made it to the shortlist of potential nominees to the Comelec. A career official, Zuno rose from the ranks until his appointment as Chief State Prosecutor in 1997. Among the highlights of his career include the conviction of former Rep. Romeo Jaloslos for the rape of a minor and Hubert Webb and his co-accused in the Vizconde massacre.