‘Cabinet members can assume posts’

The government has allowed the latest Cabinet appointees to assume office in an acting capacity pending their confirmation by the Commission on Appointments (CA), Chief Presidential Legal Counsel Merceditas Gutierrez said yesterday.

Gutierrez told a forum of the Manila Overseas Press Club (MOPC) at the Ristorante La Dolce Fontana in Greenhills, San Juan that the Department of Justice (DOJ) made a study on the appointments even before the issue was raised by opposition lawmakers before the Supreme Court.

Gutierrez, however, said the previous DOJ study was the only thing she could cite to justify the appointment of Cabinet members while Congress is in session and without CA confirmation to avoid the sub judice rule.

"The case is now in court and the Office of the Solicitor General will represent the government before the SC," Gutierrez said.

Gutierrez said the DOJ based the opinion on its interpretation of the provisions of the Constitution upholding the legality of the appointments.

She said the Administrative Code governing the conduct of the executive department also states the President may designate a temporary office and assume the office in an acting capacity.

On Sept. 7, nine opposition lawmakers led by Sen. Aquilino Pimentel Jr. filed a petition before the Supreme Court seeking to nullify the appointments of Executive Secretary Eduardo Ermita and eight other Cabinet officials and prevent them from assuming office.

In a 13-page petition, Pimentel and other opposition senators asked the high tribunal to declare the appointments unconstitutional since they were made by President Arroyo without the consent of the CA.

Malacañang maintained the appointments were legal and the Cabinet officials were aware that they hold their positions in acting capacity until confirmed by the CA.

Preventing them from performing their duties in their respective departments would be contrary to public interest, the Palace said.

Gutierrez stressed she could no longer comment on the issue of appointments since it is now for the Supreme Court to decide.

On another issue, Gutierrez told the MOPC forum that Mrs. Arroyo is aware of the problem regarding the issue of executives of government-owned and controlled corporations (GOCCs) getting huge salaries.

"That’s being looked into. I can assure that you will see a decision and action soon. Something can be done about that," she said.

Malacañang had said economic managers of Mrs. Arroyo are currently reviewing the performance of GOCCs in a bid to plug down revenue leakages and enhance non-tax collections.

Among the targets for review is the efficiency of the GOCC in relation to the salaries of its officials.

There are more than 100 GOCCs, many of which depend on the national government for subsidies from the annual outlays approved by Congress.

Gutierrez stressed before the forum her role as legal adviser of the President regarding the issue surrounding the GOCCs.

She said her opinion would only be for the President’s consumption, citing her sensitive position in relation to the Office of the President.