JPE to midnight appointees: Resign

MANILA, Philippines - Senate President Juan Ponce Enrile yesterday led lawmakers in calling on the so-called midnight appointees of President Arroyo to tender their courtesy resignations to give the next president a free hand in reorganizing the bureaucracy.

“It has always been a tradition that the elected president can ask for the courtesy resignation of all the presidential appointees,” Enrile said.

Enrile pointed out that Congress – which convenes into the powerful Commission on Appointments (CA) – could no longer act on the pending appointments since the 14th Congress has adjourned sine die yesterday.

“As far as we are concerned in the Congress, the confirmable appointees (are considered bypassed) because we have no more time because we are adjourning today. The military people who have been (promoted) would not be confirmed. The career people from the Department of Foreign Affairs will have to wait for the opening of the 15th Congress,” Enrile said.

Sen. Francis Escudero also called on the midnight appointees to offer their courtesy resignations to the next president.

“Delicadeza dictates nothing less from these people who were given posts and tenures outside of what the Constitution provides,” he said.

Escudero took note of the report made by ABS-CBN that almost 250 people had been appointed by President Arroyo, most of whom had their appointment papers signed on March 1 up to March 9, or just days before the two-month ban on midnight appointments during the election period took effect on march 10.

The report said President Arroyo issued a flurry of appointments dating from March 1 to 9 where 169 were appointed to state-owned and controlled firms and 10 to government agencies that included the Office of the President.

Escudero said all of the appointments could be considered invalid under the decisions of the Supreme Court.

Escudero said the Constitution provides only for two exceptions – appointments to avoid any prejudice to public service or danger to public safety as a result of the vacancy in the position, and appointments in the judiciary as decided upon recently by the Supreme Court.

Sen. Francis Pangilinan, for his part, called on the midnight appointees to follow Philippine National Police chief Director General Jesus Verzosa’s example by submitting their courtesy resignation upon the assumption of a new president.

Pangilinan said Mrs. Arroyo is creating a phalanx of loyalists in the government in the effort to extend her political influence even after she steps down from office on June 30.

Pangilinan warned the appointees that the next president would review their appointments.

“If they wish to be spared from public scrutiny and controversy, I urge them out of delicadeza to do a Verzosa by submitting their resignations come June 30,” he said.

‘11th hour appointments’

Malacañang admitted the spate of recent appointments made by President Arroyo came at the eleventh hour but maintained she was well within her rights and prerogative.

Press Secretary Crispulo Icban said Mrs. Arroyo made sure that she complied with the legal requirements in making the appointments.

“She has the right to make the appointments. Maybe they are eleventh hour appointments but she has all the right,” Icban said.

Icban said the President determined that it was of critical importance to make those appointments at the time in spite of the strong criticism that came her way.

Some of the appointments, however, were made even though there were no vacancies, such as those for the National Museum and the National Historical Institute.

“Every one of them, in her mind, is very critical. They cannot be left vacant,” he said.

Questions were raised about when the appointments were signed and accepted because of the constitutional ban against midnight appointments during the election period.

Malacañang said the appointments were issued before the ban on midnight appointments took effect.

Among the appointments that came under criticisms were those of Philippine Amusement and Gaming Corp. (Pagcor) chairman Efraim Genuino and four board members.

The President’s manicurist Anita Carpon was appointed to the board of Pag-Ibig fund and her gardener Armando Macapagal, to the Luneta Park Administration as its deputy administrator.

Carpon turned down the appointment and as a result, it has been withdrawn by the President.

Icban said Carpon felt it was too much of an honor given to her by the President and that she also felt bad about the criticisms because of the appointment.

Former Presidential Anti-Graft Commission (PAGC) chair Constancia de Guzman was appointed Commissioner of the National Police Commission (Napolcom) on March 7.

As Napolcom Commissioner, De Guzman would have a fixed term of six years.

Presidential Management Staff Director General Elena Bautista-Horn, co-chairman of the Presidential Transition Coordination Team, replaced De Guzman in acting and concurrent capacity.

Bautista-Horn said there should be no issue on her additional post since it is only in acting capacity and co-terminus with the appointing power on June 30.

She said the designation came on April 28, or before the ban on appointments.

“That’s why this (position as PAGC chief) is only a designation and since this only in acting capacity this is allowed by law in the exigency of service. It cannot be that an agency cannot operate,” Bautista-Horn explained. –With Marvin Sy, Paolo Romero,