THE incoming commissioner of the Securities and Exchange Commission starts work today, and his marching orders from President Arroyo is to make sure scams like those used by the Legacy Group to cheat the public are not repeated.

?My first assignment is to review all regulations covering pre-need companies,? said Manuel Gaite, until yesterday the deputy executive secretary for legal affairs.

Gaite, 53, replaces Jesus Martinez, who retired last week and is facing possible administrative and criminal charges for allegedly receiving at least P4.67 million to go easy on the Legacy Group.

Gaite finished law at the Ateneo de Manila University and placed 30th in the bar exams in 1983.

Deputy presidential spokesman Lorelei Fajardo described him as charitable and generous.

?He is known as a very religious person and he is quite capable of the generosity and charity that he showed to Mr. [Rodolfo] Lozada,? Fajardo said.

She was referring to the P500,000 in cash that Gaite gave Rodolfo Lozada while he was in hiding in Hong Kong to avoid a Senate inquiry into a corruption-tainted government deal.

Gaite?s ?integrity is intact,? and that was the reason he was appointed SEC commissioner with a seven-year term, Fajardo said.

?We don?t see any legal, moral or ethical impediment in Secretary Gaite?s appointment because he is a very competent and a very dedicated public servant.?

But Senator Francis Pangilinan has urged Gaite not to accept the appointment out of propriety.

?It?s most unfortunate that the choice to replace the controversial Martinez has his share of controversy as well,? he said.

?Martinez has been accused of bribery. Gaite is also allegedly involved in the P500,000 bribe attempt against Lozada. Is there a dearth in the choices of who will serve under the Arroyo government??

Senator Aquilino Pimentel Jr. was equally disappointed.

?I guess the choices are bad?from bad to bad. Or it could be worse,? he said.

?His [Gaite?s] credibility was put into question when he attempted to stop Lozada from testifying at the Senate. He was also less than clear about the source of the money. I just don?t think he?s necessarily a better choice for the job.? Joyce Pangco Pa?ares