Noy allies differ on appointment of 3 Cabinet men in acting capacity

MANILA, Philippines - Allies of President Aquino have expressed different positions on the appointment in acting capacity of three Cabinet members, including controversial Interior Secretary Jesse Robredo.

Sen. Sergio Osmeña, an Aquino ally, expressed surprise yesterday that the chief executive designated three acting secretaries despite his prerogative to appoint new and permanent members of the Cabinet.

“It (appointment of acting secretaries) is unusual, yes. It is unusual because very few people have done it in the past. It’s also not good practice,” Osmeña said.

He reminded the executive department that those appointed to Cabinet positions are required to face the powerful Commission on Appointments (CA).

Osmeña is a member of the Senate contingent to the 25-man CA that also includes a group from the House of Representatives.

“What I am saying is that it’s not a good practice to go around the law by saying he was just in an acting capacity. He can be acting for the next six years. Theoretically you can be there for the entire six years, and you’re only acting,” Osmeña said.

The President has only appointed in “acting capacity” Robredo, Environment Secretary Ramon Paje, and Labor Secretary Rosalinda Baldoz.

Robredo has been severely criticized for his leadership failure during the hostage crisis last Aug. 23 that resulted in the death of eight Chinese tourists and the hostage taker, dismissed policeman Rolando Mendoza.

Critics have asked for the resignation of Robredo, who was blamed for failing to exercise his supervisory powers over the police that mishandled the hostage crisis and the apparently incompetent rescue operation.

Sen. Franklin Drilon, an official of Mr. Aquino’s Liberal Party, however, defended the President’s decision to appoint acting secretaries.

Drilon explained that the President has the prerogative to designate anyone in an acting capacity, adding that the entire Cabinet is actually in “acting capacity” because they can be fired anytime. 

“The Cabinet members hold their positions at the pleasure of the President. Therefore, all of them are in an acting capacity in the sense that they do not enjoy security of tenure,” Drilon said.

Like Drilon, Robredo is a member of the Liberal Party (LP).

During the term of former President Gloria Macapagal-Arroyo, Drilon noted that former Justice secretary Raul Gonzalez was bypassed 25 times and yet he was re-appointed 25 times.

He said the CA, as a body, has limitations but it is where fitness of a particular appointee could be reviewed.

“But at the end of the day, it is the President’s responsibility whether to maintain that particular official or not,” he said.

Senate President Juan Ponce Enrile also defended the President, adding that even during the time of former President Ferdinand Marcos, many Cabinet secretaries were appointed in an acting capacity.

Enrile said that during the Marcos dictatorship, he held many positions.

“It’s not unusual. President Marcos did the same thing for some Cabinet members in our time,” Enrile said.

House Minority Leader Albay Rep. Edcel Lagman said Robredo and other officials that bungled the Manila hostage crisis should be replaced.

Lagman said Robredo is now a “political eunuch” after being “castrated gradually and deliberately by President Aquino on several occasions.”

“We should be able to witness the resignations from the Cabinet and most officials that bungled the crisis,” he said as he reiterated his call for Presidential Communications Secretaries Herminio Coloma and Ricky Carandang to resign.

He said Mr. Aquino’s body language showed he is ready to let go of Robredo.

He said the President stripped the official of his statutory power of supervision over the Philippine National Police and did not submit his nomination to the CA “on the pretext that his appointment is only in an acting capacity.”

Malacañang, however, defended Robredo anew regarding allegations that the secretary is a Chinese citizen.

“Unless and until it is raised before the Supreme Court (SC), there will always be questions on his citizenship but the fact remains that he is at present a Filipino citizen,” presidential spokesman Edwin Lacierda told Palace reporters in a briefing.

Lacierda, a lawyer, pointed out that the problem with citizenship issues is if it not raised before the SC, there will be no finality on the issue of citizenship.

“At this point, it’s a non-issue,” Lacierda clarified.

He said then private lawyer and now Solicitor General Joel Cadiz was the lawyer of Robredo, a former Naga City mayor, on that particular citizenship case filed at the Commission on Elections (Comelec), which ruled in their favor.

“Time and again, if I understand it right, except for one decision by a particular division (of the Comelec) his Filipino citizenship has always been maintained,” he said. “The citizenship issue has been raised time and again before the Comelec.”

The Comelec issued a ruling in 2007 that declared Robredo as a non-Filipino citizen.

In its 2007 ruling, the Comelec said Robredo remained a Chinese citizen in view of the fact that his grandfather, Lim Teng, failed to establish proof of residency in the Philippines. But the interior secretary argued that his grandfather later adopted the name Juan Robredo.

The Comelec said there was no evidence that Lim Teng was the same person as Juan Robredo. In addition, the Comelec said Lim Teng remained a Chinese citizen since the only proof of his being in the Philippines was Lim’s arrival on April 2, 1896.

It said there was no evidence that “would show that he was able to establish his permanent residence here.” The Comelec said Robredo failed to perform any act showing his intention to elect Filipino citizenship.

“(Robredo) is now deemed to have forfeited his privilege to avail of the option of electing Philippine citizenship,” the Comelec said.

Sen. Francis Escudero earlier said Robredo faces rough sailing in the CA because of the hostage-taking incident.

Baldoz said she is still busy performing her job and will continue doing so until President Aquino chooses to replace her.

“I am in the thick of things at the Department of Labor and Employment implementing the 22-point labor and employment agenda of President Aquino. The least I need at this time is a minor distraction,” Baldoz said in a statement. – With Delon Porcalla, Paolo Romero, Mayen Jaymalin