Although the President has not made any formal announcement, reporters at the Senate got wind of Davide’s appointment through a letter sent by Executive Secretary Eduardo Ermita to the Commission on Appointments (CA) dated March 24. Ermita’s office transmitted the nomination papers to the CA only last April 4, two days before Congress adjourned session.
Ermita also transmitted to the CA a copy of Mrs. Arroyo’s communication on the same date.
Foreign Affairs Secretary Alberto Romulo, who was reportedly eyeing the UN post, was also furnished a copy of the President’s appointment papers for Davide along with Ermita’s letter, informing him officially of the retired chief justice’s appointment.
"I have the honor to submit for the consent of the Commission on Appointments the nomination of Hon. Hilario G. Davide as Permanent Representative of the Republic of the Philippines to the United Nations in New York, with the salary and emoluments of Chief of Mission, Class I, vice Lauro L. Baja Jr.," read the President’s letter addressed to the CA chairman and members.
"Early consent to his (Davide) nomination will be highly appreciated," the letter read.
The Department of Foreign Affairs (DFA) has declined to comment on Davide’s designation.
DFA spokesman Gilberto Asuque confirmed the department was furnished a copy of Davide’s appointment papers, but since this has yet to be taken up by the CA, they could not comment yet.
The CA is chaired by Senate President Franklin Drilon, who has been critical of the Arroyo government for the past nine months following allegations that she cheated to win the presidential election in 2004.
The CA is composed of representatives from the Senate and the House of Representatives. Since Congress is adjourned for the Lenten break, the CA cannot act yet on the nominations until it resumes session on May 15.
Davide, who retired last December, was instrumental in Mrs. Arroyo’s ascent to the presidency. He presided over the impeachment trial from November 2000 to January 2001 of now detained former President Joseph Estrada on massive corruption charges.
The impeachment trial was aborted after prosecutors walked out of the hearing, eventually leading to the second people power revolt that forced Estrada to step down.
Davide swore in Mrs. Arroyo to become the country’s 14th president and later affirmed the legitimacy of her government after it was questioned before the Supreme Court.
"It is a good choice for Gloria, but I wonder if it is good for Jun Davide. Once you have attained (the post) for chief justice and you retire from it, what other honors can you aspire for? It’s a good political move on the part of Gloria but not so good for Davide," Pimentel said.
Davide spent a total of 14 years in the SC and served as chief justice for the last seven years.
Talks have been circulating that Baja, who has served as permanent representative to the UN since 2000, would be moved up to secretary of the DFA following reports that Romulo would be appointed to the Philippine Embassy in Washington DC.
Baja has consistently been on the shortlist of possible replacements to previous foreign affairs secretary from the time of former Vice President Teofisto Guingona to the late Blas Ople.
A strong lobby from Baja even emerged after Ople’s death coming from his supporters in Congress. It was Romulo, however, who was appointed by the President to head the DFA.
Pimentel said the President has a "penchant for musical chairs," changing personalities in her government, "to the tune of charter change."
There will be changes in the Arroyo government, particularly now that Charter change is being pushed aggressively, "but the same faces will be there (such as) JDV (Speaker Jose de Venecia), (President) Gloria (Arroyo) and (Ronaldo) Puno," the opposition lawmaker noted.
Davide recently submitted his recommendations to the President on wide-ranging electoral reforms.
Mrs. Arroyo said she would "seriously consider" his proposals as she profusely thanked Davide, whom she asked to be her adviser on electoral reforms in January.
The Palace said Davide’s comprehensive report dealt not only with the operations of the Commission on Elections (Comelec) but also covers possible amendments to the Constitution and the proposed congressional amendments to the Omnibus Election Code.
It also proposes executive initiatives to improve public awareness of their role in bringing about credible and meaningful elections.
The combined implementation of all its recommendations will lead to credible and honest elections at all times and in all levels, as well as a more educated and vigilant voting population.
Davide recommended that the Comelec amend its Rules of Procedures to allow for: (a) mandatory raffle of cases; (b) mandatory deliberation (en banc or division) of a case before the assignment to a ponente for the writing of opinion; (c) shorter periods for the availment of remedies for a more expeditious disposition of cases; (d) a new rule abolishing the municipal canvass of election returns insofar as national candidates are concerned.
It also recommends that the Comelec undertake capacity-building programs to professionalize its senior staff and improve the body’s internal management processes. — With Marvin Sy