Nene: Purisima, Ebdane assuming office illegally

Senate Minority Leader Aquilino "Nene" Pimentel Jr. said yesterday newly appointed Finance Secretary Cesar Purisima and Public Works and Highways Secretary Hermogenes Ebdane violated the Constitution by immediately assuming office.

Pimentel said the two officials violated Article 7, Section 16 of the Constitution which states that the President can only "nominate, and with the consent of the Commission on Appointments, appoint" department heads while Congress is in session. A nominee cannot assume the post until he or she is formally appointed.

The President, according to this provision, can only make appointments during the recess of Congress, "but such appointments shall be effective only until disapproved by the Commission on Appointments or until the next adjournment of Congress."

Pimentel said while the President may believe that Purisima and Ebdane are better choices than their immediate predecessors, it is important for her to understand that at this stage, there are constitutional inhibitions against simply placing them at the helm of their respective departments with full powers.

He warned that if members of Congress turn a blind eye to "these small incursions of the President" that violate the Constitution, "I am afraid one day we will all wake up and... find ourselves happy slaves under a so-called democratic dictatorship."

Pimentel also told Mrs. Arroyo that the prior consent of the Commission on Appointments (CA) is required "before your appointee can take office while Congress is in session."

The effect of Mrs. Arroyo’s act is to tell Congress that "you do not mean anything to me," he said. "Therefore it is incumbent upon members of Congress to stand up and say, ‘We do mind, Mrs. President, that you do not seem to observe the provisions of the Constitution’ even in this matter of appointing Cabinet members."

Pimentel has filed a petition with the Supreme Court questioning the constitutionality of Mrs. Arroyo’s appointment of Cabinet members while Congress is in session and allowing them to assume their posts without confirmation by the CA.

"Unfortunately, the high tribunal has not yet issued a ruling on my petition," he said.

Pimentel raised similar objections after Trade Secretary Juan Santos, who replaced Purisima, was appointed and immediately assumed office without confirmation.

Purisima took over from his predecessor, Juanita Amatong, last Feb. 15 after the latter announced her resignation last Jan. 21. Amatong, who said she wanted to resign after the May elections last year, served as finance chief for 13 months.

Mrs. Arroyo appointed Ebdane last Feb. 9 to take over from Florante Soriquez, who was demoted to his earlier post as public works undersecretary. Soriquez was sacked two days after Agusan del Sur Rep. Rodolfo Plaza accused him of allegedly accepting P210 million in kickbacks from government infrastructure projects.

Meanwhile, Pimentel also said the resignation of Luis Lorenzo as chairman of the Land Bank of the Philippines and Quedancor Credit Corp. was meant to counter the impeachment threat against Mrs. Arroyo.

Pimentel said Mrs. Arroyo was guilty of illegal appointments, an offense for which she could be impeached. He said it was possible that Lorenzo’s resignation was part of damage control being undertaken by Malacañang, following advice given by Senate President Franklin Drilon to take corrective measures.

"Whatever it is, it is better late than never... but a wrong done to the Constitution remains a wrong that calls for rectification," he said.

Malacañang, however, said Lorenzo’s decision to resign as Land Bank and Quedancor chairman stemmed from his eagerness to spend more time with his family.

Lorenzo tendered his irrevocable resignation from the two posts a week after Pimentel claimed his appointment to the corporate positions violated the charters of the two institutions. Land Bank’s charter mandates that the finance secretary should be its chairman, while the agriculture secretary should chair Quedancor’s board of directors.

In July last year, Lorenzo resigned his post as agriculture secretary. He was subsequently designated by Mrs. Arroyo to chair Land Bank and Quedancor.

Shortly after she announced Lorenzo’s resignation from the two corporate posts, Mrs. Arroyo named Purisima and Agriculture Secretary Arthur Yap to chair Land Bank and Quedancor, respectively. – Jose Rodel Clapano