Caught in his own web of inconsistencies

The 25-man Commission on Appointments (CA) chaired by Senate president Franklin Drilon conducted its last plenary session this Wednesday. The bicameral body winds down with the sine die adjournment the next day of the first regular session of the 16th Congress. Still pending for confirmation are four Cabinet members and other administration appointees of President Benigno “Noy” Aquino III who are subject to this constitutional process.

The nominations of two Cabinet officials – Department of Social Welfare and Development (DSWD) Secretary Corazon “Dinky” Soliman, and Department of Justice (DOJ) Secretary Leila de Lima – have been stalled at the CA the far longest time. The nominations of both Soliman and De Lima were first bypassed during the 15th Congress.

The two other Aquino Cabinet members who have yet to hurdle the CA confirmation are, namely, Department of Environment and Natural Resources (DENR) Secretary Ramon Paje, and Department of Energy (DOE) Secretary Jericho Petilla.

Likewise the nomination of Commission on Audit (COA) commissioner Haidee Mendoza has remained stalled at the CA since the previous Congress. P-Noy first appointed Mendoza in April 2011 and has since then issued her ad interim appointments for so many times that she was bypassed by the CA.

Another controversial appointee repeatedly nominated to the CA is Commission on Elections commissioner Grace Padaca who remains in office while on bail paid by P-Noy. She has pending graft case at Sandiganbayan when P-Noy appointed her in October 2012.

Since day one of this administration when they were first sworn into their respective offices, President Aquino has issued Soliman and De Lima with the most number of ad interim appointments. The two Aquino Cabinet officials could be the record-holders, of sorts.

At least in the case of Soliman, the stumbling block to her finally getting the CA nod was being cleared. The ruling administration bloc Liberal Party (LP) has called in their chips at the CA. This was after Sen. Miriam Defensor-Santiago announced her intentions to invoke Section 20 of the CA rules on the penultimate session of the body last week.

Section 20 gives any CA member the absolute right to oppose any appointment for any, or whatever reason, or even for no reason at all. When this is invoked, Drilon – as CA presiding officer – has no choice but to defer consideration of the appointment. That is how powerful the CA wields its will upon presidential appointees.

However, also under CA rules, Section 20 cannot be invoked on last session day before the annual adjournment of Congress. This is to give the CA the opportunity to judge the appointee through a vote at the plenary.

And this was how Sen. Santiago was outwitted by her CA colleagues. While she may be the most feared lawmaker, the feisty Sen. Santiago was outmaneuvered. Last Tuesday, the CA committee on labor and employment and social welfare voted to endorse to the plenary the approval of Soliman’s appointment.

In the case of De Lima, not one among the many lawmakers allegedly involved in the plunder of their pork-barrel funds who were indicted by the DOJ has come out to block her nomination. Even Sen. Jinggoy Estrada publicly declared in last week’s CA sub-committee hearing he would not block De Lima’s confirmation despite grilling the DOJ chief related to objections raised on her nomination.

De Lima’s dilemma is with ‘jueteng’ whistleblower Sandra Cam. She testified last week at CA public hearing and dramatically asked for the rejection of the DOJ Secretary’s nomination. Face-to-face, De Lima answered all accusations of Cam against her point-by-point, except for one.

Citing “it’s too demeaning” for her to discuss in public such salacious imputations to her integrity, De Lima vowed to answer this particular accusation of Cam in written reply to the CA. Whatever her reply would be, De Lima would submit this rejoinder a day before the CA holds its plenary session.

The CA woes, on the other hand, of both Paje and Petilla could be largely traced to the stiff objections to their nominations by Sen. Serge Osmeña III. The CA sub- committee held hearing on Paje’s nomination last Wednesday but failed to recommend his confirmation. In the case of Petilla, the CA sub-committee on energy headed by Osmeña has not even calendared the nomination of the DOE Secretary for public hearing.

Aside from Soliman, De Lima and Paje could still though hope to finally get through the CA plenary for approval this week.

But for all the hassles and humiliation that nominees go through the CA wringer, when all is said and done, the entire process boils down to the fact these appointments are in the exercise of presidential prerogative.

In the exercise of vetting, the CA neither accepts nor rejects outright a presidential nominee.

There is even no need for P-Noy to justify why he repeatedly reappoints presidential appointees in the exercise of presidential prerogative. And that includes trust and confidence of the appointing authority.

Interviewed on the sidelines after his speech at the Asia-Europe Meeting on Climate Change last week, President Aquino was asked if he is “consistent” with his advocacies while he was still a member of Congress and now that he is Chief Executive. In particular, Mr. Aquino was reminded about his pet bills in Congress, one of which sought to impose a limit on the reappointment of bypassed Cabinet officials.

Instead of giving direct and pointed answer, P-Noy made his usual roundabout explanation and cited the case of ex-Justice Secretary Raul Gonzales who also was repeatedly bypassed but reappointed by former President Gloria Macapagal-Arroyo.

By virtue of an executive order, he recalled Mrs. Arroyo removed the DOJ secretary as a member of the Board of Pardons and Parole. This, he pointed out, in effect marginalized Gonzales then as Cabinet member. Where is the trust there when you are “diminishing the powers” of the DOJ secretary, P-Noy rhetorically asked.

The same though could be asked of P-Noy. Why is he keeping his Cabinet members whose respective turfs he clipped to create new presidential posts for his allies like ex-Senators Panfilo Lacson and Kiko Pangilinan?

Unfortunately, P-Noy’s ad hominem arguments caught him in his own web of inconsistencies. The presidential prerogative to appoint a person of trust is inherent in the powers of the Chief Executive. Using P-Noy’s own words, trust is  “personal,” too, Mr. President, not just something “professional.”