Cling ons

For “Trekkies” (or fans of Star Trek), the title of this week’s column should sound familiar. But I am not referring to the recurring extraterrestrial beings that continually fought with Captain Kirk of the original cast and the next generation’s Captain Picard. Rather, I am referring to another type of cling ons – those executive appointees who do not wish to leave their positions even if a new administration is about to be sworn in. There is both a legal and ethical reason why an executive appointee should, at the very least, submit a courtesy resignation to the incoming President. 

In our system of government, the President is the Executive department. Unlike the legislative branch which is made up of a Congress of 24 Senators and approximately 250 Representatives or the judicial branch which is headed by a 15-member Supreme Court, executive power is concentrated in one person. Hence, it is axiomatic that all those who serve in the executive department are but “alter egos” of the President and serve at his or her pleasure. Otherwise stated, the President exercises the power of control over the executive branch and can modify, nullify or set aside any action of a subordinate officer. 

Moreover, the appointing power is primarily executive in nature. And, as a general rule, the power of removal may be implied from the power of appointment. Indeed, in performing his multifarious tasks, the Chief Executive is given wide latitude in choosing the members of his team. The heads of the executive department should, in the words of Thomas Jefferson, “be of the President’s bosom confidence.”

While we theoretically subscribe to a system of co-equality among the three branches, it is this all encompassing authority of the President that makes him “primus inter pares” or first among equals. This is also why our system is oftentimes described as a “Presidential” system of government and why, from a Land Transportation Office point of view, the person who holds the office is assigned plate number 1. 

But more than the legal, there is an ethical argument why appointees of an exiting administration should tender their courtesy resignations. In this regard, let me quote from the Open Letter published in yesterday’s broadsheets by the former senior government officials (FSGO) of the past four administrations led by the venerable Vicente “Ting” Paterno, the MAP, the MBC and the US Pinoys for Good Governance. Pardon to the author(s) but I took the editorial liberty of taking out certain phrases from the original but without sacrificing the message that it seeks to clearly convey.

“The start of a new Presidency with a clear and legitimate mandate from our people is an opportunity to re-build and re-affirm our unity as a democracy. The need for unity is even more compelling now as our society emerges from 9 years of politics damaged by questions of the legitimacy of the outgoing administration. The midnight appointees are leftover seeds for our continued discord which could hinder our people’s united effort to move forward under their new leader.

Yet, these midnight appointees do not have to accept these very questionable appointments that would pressure the new administration to uproot them. We note with admiration the fine example of manicurist Anita Carpon who was reported to have declined her midnight appointment to the Board of the Pag-Ibig Fund. The delicadeza evident in the restraint of a simple manicurist is a modest but much appreciated contribution to our people’s unity behind the new administration.

We therefore appeal to all midnight appointees to rise to the level of Ms. Carpon by voluntarily resigning from the posts to which they were appointed, without prejudice to the new President re-appointing those among them who are qualified. Doing so shall demonstrate their good faith intention to serve our people honorably and well. Refusing to do so would put into question their patriotism and ability to function in their posts with any degree of effectiveness.

We ask all midnight appointees to help the Filipino people and the incoming administration focus on the many grave problems of the nation. Please relieve the Aquino government of the added burden of having to seek ways to enforce the constitutional mandate against your midnight appointments. We ask those who remain honorable among you to seriously consider becoming part of the solution by resigning, rather than remaining part of the problem by ignoring this appeal”.

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Exemplars: In this regard, in addition to Ms. Carpon, this week’s four centavos go to Presidential appointees like PNP Chief Jesus Versoza who, without being prodded, immediately tendered his courtesy resignation. I also read that AFP Chief Delfin Bangit and Immigration Commissioner Marcelino Libanan have publicly stated they will be relinquishing their posts once their successors are named. And my fellow STAR columnist (to the right), Chit Pedrosa, has reportedly quit her chairmanship of the Cultural Center of the Philippines’ board, which is expected given her obvious political differences with the incoming President.

In full page colored advertisements published in all Philippine broadsheets last Thursday, President Arroyo congratulated the President-elect and Vice President-elect on their proclamation. She stated therein that “I will do all I can to make the transition to the new administration smooth and orderly.” With 18 days left in her term, perhaps the President can help the transition by issuing an executive order stating that all of her appointees shall be co-terminus with her. (Although the reverse seems to have happened yesterday as the Palace countermanded an order of DFA Secretary Alberto Romulo recalling our political ambassadors.) That would certainly take away one of the big headaches of the incoming administration. If not, then clearly the first line of business for President Noy would be to issue an order revoking all such appointments.

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“The secret of success is making your vocation your vacation.”      — Mark Twain

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