TRO petition filed vs 2 new SBMA directors

The Court of Appeals was asked yesterday to issue a temporary restraining order (TRO) to stop the two new appointees of President Arroyo to the Subic Bay Metropolitan Authority (SBMA) board from assuming their post.

The petitioners, former SBMA board members Gaudencio Mendoza and Luis Vera, said the appellate court should declare the recent appointments of Jaime Mendoza and Edralino Cajudo as "null and void and without operative effect" as there were no existing vacancies in the SBMA board at the time of their appointments.

"No person may be appointed to an office which is not vacant," the petitioners said, countering the legal opinion issued by Chief Presidential Legal Counsel Avelino Cruz that the two Arroyo appointees were actually replacing Constancia Macomb of the Naval Supply Depot and Nicasio Leonzon Jr. of the Public Works Center.

Gaudencio Mendoza recalled that these positions were filled up last year when Malacañang appointed broadcaster Mario Garcia and Rex Chan.

Named in the petition as respondents were the two new appointees, Jaime Mendoza and Cajudo, and the SBMA which was enjoined to "cease and desist from giving due course, recognizing and/or implementing the assailed appointments."

Mendoza told The STAR in a phone interview that they did not include Malacañang in the petition for the TRO since it is the SBMA that is tasked to implement the questioned appointments.

The SBMA, he said, was directed by Executive Secretary Alberto Romulo to install Jaime Mendoza and Cajudo "within seven days" upon receipt of the notice.

In the 14-page petition, a copy of which was obtained by The STAR, Gaudencio Mendoza and Vera also sought the court’s interpretation of the fixed term of office they supposedly enjoyed as SBMA board members under Republic Act 7227, or the Bases Conversion and Development Act of 1992.

Mendoza was questioning why Mala—cañang replaced him and Vera at the SBMA board also last year when they were supposed to have a fixed term of office.

"To reiterate, the legal issue raised herein is of far-reaching importance to public officers with fixed terms. Its resolution shall be for the benefit of such public officers and will greatly contribute to the country’s system of good and responsible governance," the petitioners said.

In his legal opinion, Cruz, however, said Mendoza could not invoke his fixed term of office as a representative of the national government since he was no longer connected with the government when he retired as deputy executive secretary on Jan. 31, 2001.