'Dato not appointed by Aquino'

MANILA, Philippines – Department of Justice (DOJ) Undersecretary Ian Norman Dato has already been replaced by Undersecretary Leah Tanodra-Armamento recently through an appointment made by Malacañang last August.

“It must be reiterated that attorney Dato was never appointed by His Excellency, President Benigno Simeon Aquino III, thus he never went through the search committee of the present administration,” Dato’s chief of staff, lawyer Thomas Elliot Mondez, said in a letter to The STAR yesterday.

Mondez clarified that Dato could not be considered an Arroyo administration midnight appointee as he was appointed undersecretary of Justice on March 8, 2010 and assumed office the following day, March 9, two days before the March 11 deadline.

“Executive Order No. 2 defined midnight appointees as those who were appointed on or after March 11, 2010, or those who assumed their position, took their office, or accepted their appointment on or after March 11, 2010. Clearly, Attorney Dato is neither covered by the constitutional provision on midnight appointments (two months before the presidential elections and up to the end of the president’s term) nor by the expanded definition of midnight appointments by EO 2,” Mondez explained.

Prior to his appointment as undersecretary on March 8, he was appointed assistant secretary on Feb. 15, 2010.

Mondez added, as previously clarified by The STAR, that Dato went on a one-year study leave even before EO 2 was made public on Aug. 4, 2010.

The Department Order granting Dato’s study leave in order to pursue his Masters of Law in the United Kingdom as a recipient of the British Chevening Scholarship was approved as early as June 17, 2010.

“It is therefore inappropriate to imply that Atty. Dato took his study leave because of EO 2 since his leave was approved even before President Aquino took his oath of office,” said Mondez.

He also clarified that to date, Dato has not received any form of notice or communication as regards his position as undersecretary of the DOJ.