Sen. Jamby Madrigal, by invoking Section 20 of the CA rules last Wednesday, frustrated the plan of Malacañang to railroad the promotion of 24 military officers despite blatant violations of the law in their appointments.

I have attended three sessions of the CA because I’m closely watching the confirmation of the promotion of John Martir to brigadier general and it’s appalling to observe the "collective gall," in the words of RC Constantino, of many of the administration allies, especially the CA defense committee chair, Rep. Rodolfo Albano III.

Just like what happened in last Tuesday’s CA hearing. They were discussing the issue of Martir’s 447 days AWOL (absence without leave). That’s one year, two months and 22 days! An ordinary soldier who goes on AWOL would be court-martialed, imprisoned, subjected to hard labor or dismissed from service.

None of that happened to Martir. In fact Gloria Arroyo promoted him.

Martir considers himself a "constitutionalist" but is not bothered by his fellow officers allowing themselves to be used as cheating operators last 2004 elections. Martir is angry at officers who challenged Gloria Arroyo’s legitimacy. That’s why Arroyo and AFP Chief Hermogenes Esperon love him and will make sure that he gets his star. That’s the sense I got from the way Albano was moderating the hearing.

To explain his AWOL, Martir submitted an affidavit by his friend Col. Julna Carillo, now retired, who said he was the one at fault because he forgot to file Martir’s application for extension of his leave when he was in the United States as requested of him. The problem with Carillo’s affidavit, supposedly executed at Taguig City on Aug. 1, 2007, was he left the country for the US in late 2006 and he has since not returned. Also, the affidavit was notarized by Col. Pedro Herrera-Davila on March 18, 2006.

That means Davila notarized an affidavit that did not exist at the time he did it. Carillo’s affidavit was not the only one that defied the logic of time. Martir executed an affidavit dated Aug. 6, 2006, notarized by Davila Oct. 8, 2007 answering an issue raised in a letter sent by an anonymous person dated September 15, 2006. That means at the time Martir was answering the complaint, the letter did not yet exist.

Davila explained the time-defying dates in the affidavits and his notarization as "anticipatory".

Lacson, who was shuttling at that time between the CA hearing and the Blue Ribbon ZTE investigation where his "surprise witness" Leo San Miguel was giving him the surprise of the day, moved for deferment of Martir’s confirmation.

Albano had a different take. He said, "Let’s recommend him to the plenary. Anyway, it’s just a difference in dates."

Just a difference in dates. That’s all it was to Albano.

It struck me that the likes of Albano do not understand the value of honesty and integrity, attributes that military officers are supposed to possess.

Despite the unresolved issue of Martir’s AWOL, he was at the plenary session last Wednesday because his confirmation was hidden under "other matters." A sly trick that Sen. Madrigal denounced.

In invoking Section 20, Madrigal specifically mentioned Col. Arthur Abadilla, Gen. Ike Inserto and Gen. Nehemias Pajarito.

Pajarito, by the way, was mentioned as one of the "Hello Garci generals" as having allegedly having allowed the canvassing to be done in their camps and prevented watchers from the opposition from observing the counting.

Section 20 of the Senate rules states: "Any member may move for the suspension of action by the Commission on any nomination or appointment favorably recommended by a standing committee and the Chairman shall suspend the consideration of said nomination or appointment: Provided, that, such suspension may be taken up on the next succeeding session of the Commission; Provided, further, that this section shall not apply to nominations or appointments taken up by the Commission during the last session prior to an adjournment of Congress."

Madrigal said: "Our Congress has been given the Constitutional mandate to properly scrutinize executive appointments and promotions, and our rules empower the members of the Commission on Appointments, to serve as a check and balance on whimsical, impractical, scandalous, or unworthy executive appointments, designations, and promotions. Our Congress and the Commission’s rules also grant the minority a means to counter the tyranny of the majority when, in the judgment of individual members, further reflection is required on an appointment or promotion.

"Our Congress in past administrations has zealously defended these prerogatives on the sensible assumption that the majority of today can be the minority of tomorrow; and that therefore, it is prudent to uphold the rights of individual members.

"Instead, the administration-affiliated members of the Commission have conspired to subvert the intent of the rules, to deprive its members of their prerogatives, and to resort to sleight-of-hand, if need be, to frustrate the rights of opposition members.

"I can only assume that this has been done because it is more important for the political godfathers of unworthy officers to secure their promotion, regardless of the damage it would do to the service and to Congress, to our rules and the Constitutional principles they are meant to uphold.

"Mr. President, I wish to place on record the case involving Col. Arthur Abadilla. The records of the Committee on National Defense Meeting No. 5 on 27 February 2008 before the Plenary Session No. 08 of even date will reveal that the nomination of Col. Abadilla was agreed to be resurrected even if the same had already been considered bypassed by the Commission by reason of the adjournment of the 13th Congress without his nomination being acted upon by the Commission. This is even considering that Col. Abadilla was not re-appointed by Malacañang and he likewise reached the ban on promotion to brigadier general one year before the mandatory retirement age. Moreover, this is in violation of Section 17 of the Rules of the Commission which requires that ‘nominations or appointments not acted upon at the close of the session of Congress shall be returned to the President and, unless new nominations or appointments are made, shall not again be considered by the Commission.’

"This is not an isolated incident, there are also others whose confirmations may be in violation of existing laws, I refer to the appointments of Generals Ike Inserto (who is due to retire on 21 January 2009); Nehemias Pajarito (due to retire on 24 February 2009). The appointments of these officers, whom I bear no personal grudge are not consistent with Section 4 of Republic Act 8186, which provides that, ‘except for the Chief of Staff of the AFP, no officer shall be assigned/designated to the aforementioned key positions or promoted to the rank of Brigadier General/Commodore or higher if he has less than one (1) year of active service remaining prior to compulsory retirement.’

"I invoke section 20 as well in behalf of the silent majority in the armed forces who do not have political godfathers to support their promotions, and have to wait for their several years before their names are submitted to this Commission for confirmation. Equity and fair play demands that we level the playing field in the confirmation process."