Chief justice ruling can't justify GMA appointments - SC
By Edu Punay (The Philippine Star) Updated March 29, 2010 12:00 AM
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MANILA, Philippines - Malacañang cannot use the recent Supreme Court ruling on the case of the
appointment of the next chief justice to justify its recent appointments and dismissals, SC spokesman
Midas Marquez said yesterday.
Marquez explained that the decision allowing President Arroyo to appoint the next chief justice despite the
constitutional ban on appointments during the election period does not give her blanket authority to appoint
officials in other departments of government.
“The SC decision, as concurred in by nine justices, and which is not yet final, only exempts appointments to
the SC from the ban,” Marquez pointed out.
He issued the statement amid reports that the President had appointed two justices of the Court of Appeals,
an ambassador and board members of cultural bodies where there were no vacancies.
On March 17, nine of the 15 SC justices voted in a special full court session that Mrs. Arroyo could appoint
justices of the High Court during the ban on midnight appointments.
But there was no clear ruling on whether the exemption applied to other posts in the judiciary and in
constitutional offices. Legal experts said the court had to clarify its ruling.
Critics said the recent appointments could be questioned before the High Court.
Article VII Section 15 of the Constitution states: “Two months immediately before the next presidential
elections and up to the end of his term, a President or Acting President shall not make appointments, except
temporary appointments to executive positions when continued vacancies therein will prejudice public
service or endanger public safety.”
Among the new appointees was 87-year-old taipan Alfonso Yuchengco, who replaced Philippine
Ambassador to Germany Delia Domingo-Albert. Albert was removed on the day she was given the Most
Outstanding Filipino Woman in Global Diplomacy award in Malacañang.
It was also learned that Mrs. Arroyo has named her classmate and aerobics instructor Cynthia Carreon to
head the Tourism Promotions Board and Mark Lapid as chief operating officer of the Tourism Infrastructure
and Enterprise Zone Authority.
Among the top executives replaced was National Museum director Cora Alvina and Bureau of Animal
Industry director Dave Catbagan.
Power Sector Assets and Liabilities Management Corp. president and chief executive officer Jose Ibazeta
was named officer-in-charge of the Department of Energy following the resignation of Angelo Reyes, who
had accepted the nomination of party-list group 1-Utak.
Former Manila International Airport Authority general manager Alfonso Cusi was named chief of the new Civil
Aviation Authority of the Philippines (CAAP).
The appointments of at least 15 officials, including the entire boards of the National Museum and the
National Historical Institute, were only made known to the public early last week.
But Malacañang already said the appointment papers were signed before March 1.
Marquez though clarified there was nothing irregular in the appointment of two professors of the Angeles
University Foundation School of Law as justices of the Court of Appeals.
“The reported two CA justices (Eduardo Peralta Jr. and Ramon Hernando) were appointed and have taken
oath even before the ban took effect,” Marquez said.
‘Recallable’
Malacañang also called on critics to respect the President’s appointing authority. It said the recent
appointments and dismissals were done in accordance with the Constitution and were not covered by the
ban on hiring of officials 60 days before the May 10 elections.
The Palace also rebuked Albert, who reportedly complained of her removal from her posting in Germany.
Press Secretary Crispulo Icban, in a statement yesterday, said Albert “retired in 2005 and has since been
annually extended as a political appointee recallable at any time.”
“Political ambassadors are recallable any time and we in the career service know that,” Department of
Foreign Affairs (DFA) spokesman Assistant Secretary Eduardo Malaya added.
Executive Secretary Leandro Mendoza clarified Mrs. Arroyo has never removed career officials unless they
were promoted.
Mendoza stressed the President has never violated the Civil Service Law.
Mendoza disclosed he had duly informed Albert of the appointment of Yuchengco but she is to remain at her
post pending the completion of the two requirements of such ambassadorial appointments — the
concurrence of the German government and confirmation by the Commission on Appointments (CA).
With respect to the ratio between career and political appointees in the DFA, Malaya said the Arroyo
administration has appointed more career ambassadors and consuls general, or 72.83 percent of the total
appointed than political ones.
Former Civil Service Commission chairwoman and now Development Bank of the Philippines (DBP) chief
Patricia Sto. Tomas said in Mrs. Arroyo’s more recent appointments in the government service, the
percentage of career versus political appointments has been 93.7 percent.
Deputy presidential spokesman Gary Olivar said the opposition got the impression the appointments were
rushed because the papers and reports came out almost all at the same time in the media.
“As a matter of fact, all of these appointments were actually made over an extended period of time, it’s just
that it appears that they were done all at the same time,” Olivar said.
“If you look at them, all of these appointments were justified for various reasons,” he said.
Olivar cited the case of Ibazeta who was designated officer-in-charge of the Department of Energy to ensure
continuity of operations in the agency.
He said others were not actually appointments but transfers or reassignments.
Olivar said the rest were all made before March 10 but the paperwork took time.
“We followed all the legal processes and that’s clear. We wish that some of the members of the opposition
end politicizing or using this issue to gain campaign points. Let’s just look at the facts and data behind
these appointments and we will see that they are all in order,” Olivar said.
Review
On the other hand, Nacionalista Party (NP) standard-bearer Sen. Manny Villar Jr. said he would initiate a
review of all the appointments made by Mrs. Arroyo should he get elected.
Villar expressed concern over the en masse appointments made by Mrs. Arroyo, mostly replacing career
officials.
NP senatorial candidate Susan “Toots” Ople, for her part, urged Yuchengco to reconsider his designation to
replace Albert as ambassador to Germany.
“I appeal to Ambassador Yuchengco to decline the designation and it would be unfortunate if his career as
one of our country’s distinguished ambassadors would be placed under legal doubt because of this
midnight appointment,” Ople said.
Ople, a former Labor undersecretary, believes Yuchengco has served the country well in the past, and his
previous stint as ambassador should not be tainted with controversies.
“One, (Yuchengco) also has a responsibility to the institution that he served under, the DFA. And he knows
very well that there are protocols involved in the designation of ambassadors… why cap his career with this
kind of midnight appointment?” she asked.
Ople added the changing of the guard would also be costly to the government.
Ople said Malacañang should clarify the appointment of Yuchengco
“Clearly, the protocols were violated. But what’s the urgency behind the new appointments. And why
ambassador Yuchengco? Somebody within the department who is also (a) career (official) may have been
tapped as a replacement. They really have to explain because this is not just a local issue, international
diplomacy in involved,” Ople added.
Though the President has the right to choose her appointees, Ople said this power must be exercised with
prudence, transparency and always for the common good, particularly as the transition to a new
administration nears. – With Paolo Romero, Christina Mendez
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