Senator hits removal of career execs

Senate Minority Leader Teofisto Guingona Jr. accused President Estrada yesterday of violating the Constitution and the Administrative Code of 1987 by firing without cause more than 10 career executive service officers (CESO) in his first two years in office.

In a privilege speech, Guingona charged that these laws have been violated by the President "who is mandated to pursue the law."

He cited Article 9b Sec. 2(3) of the Constitution which says, "No officer or employee of the civil service shall be removed or suspended except for cause provided by law."

He added that the Administrative Code of 1987 supplements the constitutional provision prohibiting the removal of career officers without due process. He considered it "unfortunate" that the President disregarded the very laws he was supposed to implement.

"He has removed career executive service officers not only once or twice but more than 10 times, not only early on in his administration in 1998 but also in 1999 and initial 2000," Guingona said of the President.

He said that among those "unlawfully" removed by the President were Director Vicente Vinarao of the Bureau of Corrections; Ramon Roco, regional director of the Land Transportation Office; and Assistant Defense Secretary Nelson Collantes. Guingona said that all of them were CESOs.

"He not only removed career executive officers without cause. He also replaced them with non-career officers, as in the case of Josefina Bacal of the Public Attorney's Office, who holds the rank of CESO III, replaced by one who has no CESO rank, no eligibility," Guingona added.

He expressed concern that the President had ignored not only the laws but also various court rulings on the power of the President to hire and fire.

"These acts not only violate the law, but also public policy. Elected officials come and go, but career executives stay to help man the ship, regardless of who is President, to provide continuity and lend knowledge of the past, as well as plans and programs of the future," Guingona stressed.

He expressed the hope that the President would rectify the wrong he had committed and henceforth comply with the constitutional provisions on the security of tenure of career officers and civil servants.

"Career officials have dedicated the best years of their lives to our government. Hence, they should not be unceremoniously removed from office without cause," Guingona said.