MANILA, Philippines -- Malacañang has not yet submitted the appointment papers of former Supreme Court Justice Jose Melo as the newly designated chairman of the Commission on Elections (Comelec).

Executive Secretary Eduardo Ermita, at his weekly press briefing on Wednesday, said the top Comelec position will be vacant only on February 2 when the term of office of resigned Comelec Chairman Benjamin Abalos officially ends.

President Gloria Macapagal-Arroyo will then submit his nomination paper to the Commission on Appointments, he said.

?And until the CA acts on it, Melo cannot just take over and actively act as chairman,? he told reporters.

The executive secretary also said that he still did not know when President Arroyo will name the two new commissioners of the poll body. But it will be soon because two commissioners were set to retire this month, he said.