‘Bypassed positions in agencies considered vacant effective June 4’

MANILA, Philippines — The key appointees of President Duterte in the Commission on Elections (Comelec) and other constitutional commissions should vacate their respective posts after failing to secure confirmation from the Commission on Appointments (CA), a congressional leader said yesterday.

Deputy Speaker Rufus Rodriguez said the posts of five officials of Comelec, Commission on Audit and Civil Service Commission who were bypassed by the CA earlier this week become vacant today on the official adjournment of congressional session and not on June 30, as reported in the media.

“By operation of the Constitution and the CA rules, these positions become vacant upon the adjournment of the session of Congress,” explained Rodriguez, of Cagayan de Oro.

He said though the House and the Senate adjourned their third and last regular session last Wednesday, the official adjournment based on the legislative calendar is Saturday, June 4.

“So today (Friday) is the last day in office of the concerned officials,” the ranking congressman stressed.?Rodriguez said the appointing power of the president and the scope and authority of the CA to give its consent to or approve such appointments are contained in Article VII, Section 16 (on the executive department) of the Constitution.

He said the second paragraph of Section 16, which applies to the five bypassed appointees, provides:

“The President shall have the power to make appointments during the recess of the Congress, whether voluntary or compulsory, but such appointments shall be effective only until after disapproval by the Commission on Appointments or until the next adjournment of the Congress.”

He said it is clear under this provision that the appointments issued to the five constitutional officials are valid only up to today.

The former law dean explained that CA rules group presidential appointments covered by its confirmation power into two: regular or permanent and ad interim.?Regular appointments are those issued while Congress is in session and take effect only after approval by the CA.

Ad interim appointments, on the other hand, are those made during a recess of Congress. They are effective immediately and remain so until disapproved by the CA or until the next adjournment of the legislature.

The ad interim appointments become regular or permanent if approved by the CA.?Rodriguez said President Duterte could choose to either not renew the appointments or reappoint the affected officials.

“I think the President will choose the first option and let his successor fill the Comelec, COA and CSC vacancies, in the same manner that the CA bypassed the appointees to give the incoming president that same opportunity,” he said.

If the appointees are reappointed, he added, they could face the same fate in the CA of the next Congress as they suffered last Wednesday.?“By then, the new president will already have assumed office and he will have a free hand in appointing or nominating constitutional officers,” he stressed. ?Bypassed by the CA were Comelec Chair Saidamen Pangarungan and Commissioners George Garcia and Aimee Neri; COA Chair Rizalina Justol and CSC Chair Karlo Nograles.

Meanwhile, outgoing Justice Secretary Menardo Guevarra gave nine suggestions that he wishes his successor, Cavite 7th District Rep. Crispin Remulla, will continue.

Guevarra said in a Viber message that he will give Remulla and his team a briefing on Thursday about the department’s operations to ensure a smooth and orderly transition at the Department of Justice (DOJ).

He said he would suggest to the incoming DOJ chief to maintain their “excellent record” in anti-human trafficking; strengthen the campaign against cybercrimes; pursue the three-year joint program with the United Nations on human rights promotion and protection, and develop alternative dispute resolution mechanisms such as mediation.

Guevarra would also suggest to Remulla to work for the transfer of the National Bilibid Prison (NBP), regionalize prison facilities, complete the single carpeta system or digitalization of all prison records, and pursue the immigration modernization bill.

He would also suggest the strengthening of DOJ’s relationship with law enforcement agencies and the judiciary.

Asked if he wants to include the DOJ-led review of Duterte’s war on  drugs, Guevarra answered that although the drug war review is distinct from the UN joint program, he would recommend that the review be pursued to its legal conclusion. –  Robertzon Ramirez