Lacson questions oath-taking of new DOT chief

MANILA, Philippines - Sen. Panfilo Lacson has questioned the assumption of former advertising executive Ramon Jimenez Jr. as tourism secretary, whose appointment in acting capacity was done while Congress is in session.

During the hearing on the budget of the Department of Justice yesterday, Lacson asked why the appointment of Jimenez was not confirmed by the Commission on Appointments (CA).

Justice Secretary Leila de Lima said an official designated in an acting capacity can immediately assume leadership of his agency.

Lacson said despite being appointed in an acting capacity, the nomination of Jimenez to the post should have been confirmed by the CA.

“If he was nominated, he was given a nomination and Congress is in session, which we are now, then he cannot assume his post as DOT secretary until and unless he is confirmed by the CA,” Lacson said.

He noted that officials given ad interim appointments can only assume their posts if Congress is in recess.

“Why is he (Jimenez) taking his oath if he is only an acting secretary? Why did he take his oath at Malacañang?” Lacson said.

He said that Malacañang may have realized the mistake and corrected this by claiming that Jimenez was appointed only in acting capacity.

“But again, why are you taking your oath if you are only acting (secretary),” Lacson said.

Lacson said Jimenez should be advised to get out of the DOT compound right away, otherwise, he may be accused of usurpation of a public office.

Sen. Franklin Drilon, who was once an executive secretary and justice secretary, recalled that the practice before was to appoint a prospective department head as a presidential adviser and concurrent acting secretary if this takes place while Congress is in session.

“And when Congress adjourns then an ad interim appointment is issued,” he said.

Malacañang maintained yesterday that Jimenez was appointed in an acting capacity and that he can explain his designation in the resumption of the hearing of the budget of the Department of Tourism (DOT) today.

“I believe that was the reason why Secretary Jimenez has been appointed in an acting capacity because Congress is in session. I believe that the appointment was proper and legal,” Secretary Ricky Carandang said, reacting to Lacson’s concern about the appointment.

“If Senator Lacson has issues, I understand Secretary Jimenez will be at the Senate tomorrow (Wednesday) to attend the budget hearing and those issues can be clarified between Senator Lacson and Secretary Jimenez,” he added.

Carandang said the legal team of the Palace was aware of this, that was why Jimenez was appointed in an acting capacity.

“But, nevertheless, we respect Senator Lacson’s opinion and Secretary Jimenez will be very happy to clarify that when he meets with the Senate tomorrow in the budget hearing,” he said.

Tourism Assistant Secretary Benito Bengzon maintained that Jimenez’s appointment is legal.

“We respect the opinion of Senator Lacson, but we believe he was misinformed because the paper on the new secretary’s appointment was all in order and legal,” he said.

He said Jimenez will indeed attend the budget hearing today. Jimenez started work at the DOT Monday, attending meetings with tourism officials and industry stakeholders. – With Delon Porcalla, Mayen Jaymalin