The Secretary of National Defense

On May 25, 2020 George Floyd, a black man, was murdered by Derek Chauvin, a 44-year-old white police officer in the city of Minneapolis, Minnesota. He had been arrested earlier on a report that he had used a fake $20 bill to pay for cigarettes. Chauvin was caught on a bystander’s video, kneeling on Floyd’s neck for more than nine minutes while Floyd was repeatedly saying he could not breathe. He was pronounced dead a few hours later. The death ignited protests all over the United States. In Washington, DC, demonstrators marched through the streets and gathered in Lafayette Park across from the White House. Fires were lit and windows were smashed.

In his recently published memoirs, “A Sacred Oath,” former US secretary of defense Mark Esper recounts what took place at a White House meeting with president Donald Trump, who called for a snap meeting to discuss the protests.

“Can’t you just shoot them? Just shoot them in the legs, or something?” Trump asked Esper and others in the meeting. Esper’s reaction was “I couldn’t believe the president of the United States just suggested the US military shoot our fellow Americans in the streets of the nation’s capital.” Earlier, the president directed the Chairman of the Joint Chiefs of Staff, Gen. Mark Milley, to deploy 10,000 troops to stop the violence. Milley replied that he had to first confer with secretary Esper. The meeting turned out to be “a very heated encounter… loud, contentious, and unreal.” But no decision was reached. Esper and Milley were close to resigning had Trump insisted on having his way.

This incident shows how close the US military came to being employed against its people, if not for men like Esper and Milley who were not willing to go along with what they believed were unconstitutional actions by the commander-in-chief. Incidentally, in the US system, the National Security Act of 1947 requires that a retired officer nominated for the position of secretary of defense must have been retired for at least seven years unless the US Congress grants a waiver. So far, only three individuals have been given such waiver: George Marshall, James Mattis and Lloyd Austin, the incumbent Secretary of Defense. Rationale for this seven-year requirement: As the post of secretary of defense is a civilian position intended to be independent of active duty leadership, a secretary is required to have been retired for at least seven years. Presumably, by that time he would have gotten rid of any baggage from his active service years.

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In our system, we don’t have a similar requirement. Last week, the Secretary of National Defense-designate, General Jose Faustino Jr., who left the service in November 2021, reported for duty as officer-in-charge of the department and will formally assume office in November this year. Actually, if I may offer an observation, there is no legal obstacle to Faustino’s assuming as SND immediately. What is being cited in the transitory provisions of Rep. Act no. 6975, states “the incumbent Secretary DILG, shall perform the functions of the Secretary DILG in a holdover capacity until such time when a new Secretary shall have been appointed by the President and confirmed by the Commission on Appointments.” Gen. Faustino never served as an incumbent SND. The position was therefore vacant as of 1 July.

Gen. Jose “Boy” Faustino Jr. is a member of PMA class 1988. He has gone through the leadership ladder of the armed forces from company, battalion, regimental and division commander before taking over as Eastern Mindanao Command chief in Davao. In all these positions, he performed with dedication and distinction. In February 2022, he was appointed CG, Philippine Army but senator Ping Lacson pointed out that he was not eligible for this position since he had only nine months left in the service. The law specifically requires at least one year remaining in the service for promotion to a major service command. After more than three months, he was removed as CG, PA and given a new assignment as Special Assistant to the AFP Chief of Staff on Peace and Development. In June, a separate command, Joint Task Force Mindanao, was created with Faustino as the first commander. I am not sure if the command still exists today. After the incumbent AFP chief of staff, Gen. Cirilito Sobejana, retired in July 2021, Gen. Faustino was named AFP chief of staff. For this assignment there is no condition for time in the service as required for a major service command position. Gen. Faustino retired from the service on Nov. 12, 2021.

When the new administration took over, Gen. Faustino was named to head the Defense Department but since there was some legal requirement that had to be met, he was designated as officer-in-charge until November this year. There is no doubt that Gen. Faustino is well qualified for the job. He has the competence and the credentials and, most important, the trust and confidence of the appointing powers, enabling him to carry out his awesome responsibilities with strength and determination. He has also been truly blessed by the Almighty, far more than most others.

According to the Holy Book, Luke 12:48 – “From everyone who has been given much, much will be demanded and from one who has been entrusted with much, much more will be asked.” Simply put, to whom much is given, much will be required. General Faustino has been given much; much therefore will be expected of him. It is in this spirit that we wish him continuing success in all his endeavors in the service of the nation.