Chief Presidential Legal Counsel Avelino Cruz issued yesterday a legal opinion which justified the appointments of Jaime Mendoza and Ednalino Cajudo to the 15-man SBMA board, saying that their appointments were valid as there was legitimate vacancies.
The two new presidential appointees were supposed to replace Constancia Macomb of the Naval Supply Depot and Nicasio Leonzon Jr. of the Public Works Center, who both voluntarily resigned from office and were transferred by SBMA chairman Felicito Payumo to management positions.
However, SBMA board member Gaudencio Mendoza questioned the two Palace appointments, saying that the two vacancies had been filled up last year by President Arroyo herself when she appointed broadcaster Mario Garcia and Rex Chan.
Mendoza disclosed that Garcia’s appointment papers, which Mrs. Arroyo signed last April, stated that he was named to the board "representing the national government vice Gaudencio Mendoza for a term expiring on Sept. 28, 2004."
Chan, on the other hand, was supposed to have replaced Luis Vera, and was also appointed as a representative of the national government.
Both Gaudencio Mendoza and Vera questioned their replacements last year, invoking their fixed term of office as representatives of the national government.
Cruz belied this claim, explaining that both Mendoza and Vera were "no longer connected with the national government since 2001."
He clarified that at the time of their appointments to the SBMA board during the term of former President Joseph Estrada, Mendoza held the position of deputy executive secretary at the Office of the President.
"However, he ceased to be employed by the Office of the President as of Feb. 1, 2001," he said.
Cruz further argued that Mendoza could not invoke the fact that the Palace approved his continued stay in the SBMA board when Garcia and Chan joined the board last year.
Meanwhile, Cruz said Garcia could not qualify as a representative of the national government since he was an executive of a private radio station and thus, is "not connected with the national government."
"Instead of implementing the instructions of the President to remove Mr. Vera and Atty. (Gaudencio) Mendoza, the SBMA resorted to an arrangement whereby Mendoza and Vera were allowed to retain their positions as SBMA board members while new appointees were to occupy the positions previously held by Nicasio Leonzon Jr. and Constancia Macomb," Cruz said.
"However, such an arrangement is illegal and not binding on the Office of the President," he said.