Guevarra: Persona non grata reso vs Angkas owner 'non-binding' but executive branch may consider it

MANILA, Philippines — Justice Secretary Menardo Guevarra said that Sen. Aquilino “Koko” Pimentel III’s resolution seeking to declare Angeline Xiwen Tham of Angkas as persona non grata is “non-binding” but may be considered by the executive branch.

Guevarra told reporters in a text message that a “legislative resolution, in general, merely expresses a sentiment and is usually intended to influence executive action.”

Pimentel filed Senate Resolution 287 last week to have Tham, a Singaporean national who initially owned 99.9% of Angkas, declared as persona non grata in the Philippines.

The resolution was reported only Wednesday night.

Guevarra explained: “In the case of a resolution seeking to declare an alien as persona non grata, it is the president or the Department of Foreign Affairs who has the sole authority to make such declaration.”

"There must be a formal declaration (persona non grata) first by the president or the DFA," the Justice secretary added.

He, however, said the Bureau of Immigration may bar foreign nationals from entering the country based on other reasons, other than being declared as persona non grata.

The Justice secretary, however, stressed that the Senate resolution, while non-binding, will be given "utmost respect and consideration" by the executive branch as a co-equal branch of government.

"The Executive deparment will give much weight to the Senate resolution, once approved," he added.

Pimentel resolution

In the same resolution, Pimentel called for a legislative inquiry into the “high-handed, arrogant and irresponsible acts” of Tham “to prevent a repeat of the same by similarly minded individuals.”

“Her acts of deriding our sovereign laws is high-handed, arrogant and irresponsible, which should not be countenanced but condemned to the fullest,” Pimentel said.

Pimentel noted in the resolution that Tham appears to own 99.996% of Angkas, citing documents filed with the Securities and Exchange Commission.

The Constitution sets a limit of foreign ownership of public utilities, which include transportation, to 40%.

In a press conference early in January, Angkas chief transport advocate George Royeca was quoted in reports as saying that the company has “made necessary steps to correct” the foreign ownership issue of Angkas.

“I’m here before you saying on record that I own 60%,” Royeca reportedly said.

JoyRide and Pimentel

The senator also noted the January 3 press conference of Lawyers for Commuters Safety and Protection, supposedly organized by Geiser-Maclang that also acts as Angkas’ PR agency, where they “accused the [Land Transportation Franchising and Regulatory Board] and other officials of anomalies in the selection of other players to be allowed to participate in the extension of the pilot implementation.”

“Everything that was said in that press conference echoed the same statements made by Angkas,” Pimentel said.

One of the two other motorcycle taxi companies included in the pilot testing of motorcycle taxi services is JoyRide.

Pimentel endorsed JoyRide to Transport Secretary Arthur Tugade, but Transport Assistant Secretary Goddes Libiran said the senator’s letter had no impact in the selection of players.

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