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Opinion

P-Noy must beware of the 'whisperers' around him

AS A MATTER OF FACT - Sara Soliven De Guzman -

Lawyer Ivan Uy described the adverse reaction against his appointment by Pres. Aquino as chairman of the Commission on Information and Communications Technology (CICT) as a “demolition job” by his detractors. Uy’s appointment was assailed due to an alleged uncomplimentary track record when he was the head of the Supreme Court’s Management Information System office about five years ago.

Indeed, there are appointees in the government who are vilified in tri-media without letup at the behest of vested interests. Even honest and decent appointees are not spared from ill-motivated and baseless comments.

In the course of the negative reaction to Uy’s appointment which he described as a “demolition job”, it is apparent that there was no background check made by Malacañang on the appointee – a task not difficult to undertake because he was connected with the Supreme Court for several years. Surely, there are high court officials and personnel who know Uy and what his track record was as head of the court’s Management Information System office.

The position of Chairman of the CICT carries a cabinet rank but not requiring confirmation by the Commission on Appointments. For this reason alone, the appointee’s background should have been scrutinized. Confirming the track record and reputation of a prospective appointee is not only an indispensable requirement for government service but also for the benefit of the appointee. We must learn to spare them from embarrassment. If “skeletons in their closets” are discovered, then their appointments must definitely be withdrawn.

Really, this is fascinating and equally terrifying! Does Malacañang make it a point to carefully audit and investigate the background and track records of prospective appointees? Is it true, as alleged in the editorial of a business daily, that it is a “Committee of One” in Malacañang who does the spadework in vetting prospective appointees and is also the palace official designating OICs in agencies under the executive department? Should not department heads or cabinet secretaries be the ones designating or at least recommending OICs and appointees for agencies under their departments? This system seems to be similar to the GMA administration. Agency heads were not recommended by the department heads nor by the cabinet secretaries. Instead, they were appointed by Malacañang.

Of course, the President has the personal prerogative of choosing anyone he wants to appoint. Close kin, influential politicians and power brokers have protégés lined-up for appointments. But if their protégés and recommendees are to be appointed, there should be a thorough background check. Appointing people, without checking their qualifications, track records and reputation for integrity – is not taking the straight path to good governance which P-Noy promised.

An editorial entitled “Executive Disorders” in a newspaper last Friday hit the target of the sentiments of many. According to the editorial, the executive orders and memorandum circulars thus far issued by Malacañang have the earmarks of a rush job. Indeed it was rushed. Up to this point in time, many officials have already vacated their positions and no replacements have been installed. The tragedy here is that the work has stopped. Important meetings, conferences and projects have been stalled by such directives – they are all in limbo. International groups are worried and are confused with what is happening to our country. Imagine a government that removes people from a position just like that without a good system (or program) of transition? The problem is that P-Noy’s men think that all GMA’s appointed officials are evil and bad. Is that the way to good governance where honor, respect and justice should prevail? Sanamagan!

On a lighter note however, President Noynoy has appointed Ma. Lourdes Sereno (who was the Executive Director of the Asian Institute of Management Policy Center) as the Supreme Court’s 15th member. Sereno joins the high court with impressive academic and professional credentials. She graduated valedictorian cum laude from the U.P. College of Law in 1984 and holds a master’s degree in law from the University of Michigan. She was a faculty member of the U.P. College of Law, the Philippine Judicial Academy since 2000 and Hague Academy of International Law in Cambodia in 2004. Sereno was also co-counsel with retired SC Justice Florentino Feliciano in the case filed by the German firm Fraport against the Philippine government before the International Center for the Settlement of Investment Disputes in Washington, D.C. and the Piatco claim against the government before International Chamber of Commerce and Arbitration in Singapore. Both cases were won by the Philippine government.

Among the JBC’s five nominees for the SC seat Sereno will now occupy, she and former U.P. College of Law Dean Raul Pangalangan have the most impressive academic and professional credentials. Pangalangan holds a doctorate degree in law from Harvard University and is a visiting professor in the same school.

In appointing Sereno, P-Noy used his own judgment ignoring lobbyists pushing for their recommendees. Like his mother, P-Noy appointed a legal scholar from the private sector. It is quite timely to recall that Pres. Cory Aquino appointed legal scholars with impressive academic and professional credentials from the private sector in 1986 for her first batch of appointees to the Supreme Court – Justice Pedro Yap, Isagani Cruz, Andres Narvasa, Florentino Feliciano and Jose Feria. My point is that P-Noy must use his heart and mind and not too much of his ears. He must protect himself from the “whisperers” around him. They can be very fatal to his work.

Next year, there will be two vacancies in the high court when Justice Eduardo Nachura and Justice Conchita Carpio Morales retire in June. Hopefully, P-Noy will appoint replacements with equally impressive credentials like Madam Justice Ma. Lourdes Sereno.

Finally, with the excellent choice made by P-Noy for the Supreme Court, he should also appoint a highly respected legal academician to represent the academe to the JBC seat vacated by the highly-respected Dean Amado Dimayuga. The appointee must have the endorsement of the Philippine Association of Law Schools, aside from being esteemed by his brethren in the legal academe. It is the JBC that screens and nominates judicial aspirants for appointment by the President.

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PNP spokesperson Senior Superintendent Agrimero Cruz Jr. announced last week the establishment of a quality service lane in selected areas in Metro Manila. This is in line with the transformation program of the PNP to provide a more efficient public service and maintain good rapport with the community. Aside from this, other innovations will also be done in the police structure and offices conforming with the thrust of police D/Gen. Jesus Verzosa concerning the accessibility of the police to the public.

These laudable actions prove that the PNP this time is taking a serious step to the improvement of its service to regain the trust of the citizens. I just hope that the officers manning these places are trained and will be able to sustain the big responsibility at hand.

Is this the beginning of steps toward change in the PNP? Let us see how they will clean up their camps as well. Abangan!

vuukle comment

ANDRES NARVASA

COLLEGE OF LAW

COLLEGE OF LAW DEAN RAUL PANGALANGAN

COMMITTEE OF ONE

COURT

LOURDES SERENO

MALACA

MANAGEMENT INFORMATION SYSTEM

P-NOY

SUPREME COURT

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