No legal barriers to Luli’s appointment

Not an impropriety but a matter of law.

Career officials of the Department of Foreign Affairs (DFA) echoed yesterday the opinion of Foreign Affairs Undersecretary Lauro Baja that there is no legal barrier preventing President Arroyo from signing the appointment papers of her daughter as foreign service officer (FSO) IV.

"The President’s signing of the appointment of Evangeline Lourdes ‘Luli’ Arroyo and her batchmates, Noel Novicio and Myca Magnolia Maog, is a matter of law," said Antonio Modena, minister and consul general to Paris, France.

Baja indicated earlier that Mrs. Arroyo is duty-bound to sign the appointment papers of her daughter, along with those of Novicio and Maog, because it was their right after having passed the rigid tests for FSOs.

Apparently fearing that she might be accused of nepotism, the Chief Executive refused to sign the three’s appointment papers and forwarded the documents instead to the DFA legal department and asked if the foreign affairs secretary could sign on her behalf.

Baja and Modena stressed that appointing FSOs is an exclusive function of the Chief Executive and cannot be delegated.

"There is no nepotism here," Modena said in a letter to The STAR.

He cited Section 34 of the Foreign Service Act of 1992 which stated; "Only persons who have passed the open and competitive examination administered by the Board of Foreign Service Examinations are eligible for appointment as Foreign Service Officers."

Modena also said the President shall extend initial appointments of FSOs exclusively from a list submitted by the (DFA) Secretary containing the names of those who passed the examinations.

Modena said it would be to the undue prejudice of Novicio and Maog if their appointments were withheld or denied simply because they had the misfortune of being Luli’s batchmates.

"I believe that in the President’s efforts to be seen as fair and just, she would be committing an injustice," Modena added.

"The appointment paper (of Luli) must be signed by her mother," Baja said, dismissing fears of conflict of interest, adding that Luli would be an asset to the DFA.

The young Arroyo and her two batchmates hold the distinction of being the least number of successful examinees in the FSO tests.

Luli is currently director for operations of the Foundation for Information Technology Education and Development, and holds a master’s degree in foreign service from Georgetown University in Washington D.C. – Jimmy Montejo