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[av_heading heading=’ABOVE THE LAW ‘ tag=’h3′ style=’blockquote modern-quote’ size=’30’ subheading_active=’subheading_below’ subheading_size=’15’ padding=’10’ color=” custom_font=”]
BY AYIN DREAM D. APLASCA
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Monday, October 23, 2017
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MY 19TH column article was about the Commission on Appointments (CA) and on how it approves and rejects presidential appointees to the Cabinet. This time, I will discuss how the President himself appoints and removes his Cabinet members.
This is in relation to Friday last week’s firing of Budget undersecretary Gertrudo de Leon. The President fired the undersecretary of the Department of Budget and Management (DBM) because of corruption allegations.
The President has fired numerous government officials to fulfill his effort to stop corruption. Government officials just come and go. Can the President appoint whoever he wants and later remove whoever displeases him? The answer is provided in the 1987 Philippine Constitution.
Most of the appointive public officials are chosen by the President through the exercise of his power of appointment vested by law or the Constitution. Under Article VII, Section 16 of the Constitution: “The President shall nominate and, with consent of the Commission on Appointments, appoint the heads of the executive departments, ambassadors, other public ministers and consuls, or officers of the Armed Forces from the rank of colonel or naval captain, and other officers whose appointments are vested in him in this Constitution. He shall also appoint all other officers of the government whose appointments are not otherwise provided by law, and those whom he may be authorized by law to appoint.”
The President is also authorized by the Constitution to appoint the members of the Supreme Court and judges of the lower courts, the regular members of the Judicial and Bar Council (JBC), the chairman and members of the Commission on Election (Comelec), Civil Service Commission (CSC), Commission on Audit (COA) and the Commission on Human Rights (CHR), the Ombudsman and his deputies.
The power to appoint by the President is discretionary in nature. Apparently, it depends on his choice and usually comes with political influence and personal considerations, which usually take the front seat of his preference. Some appointees may not be the ideal type of the public. However, no matter what they say, the President still has the shots.
Say what now? Commonly, the public may question the appointment of the President, but it has to wait until the next election where they have the last say. As for now, I believe the President has the right to do what he has the right [and power] to do.
As what his spokesperson said, “the President’s action highlights that no government official is sacred under this administration. Let this be a reminder to all public officers that we are all here – not for ourselves – for the greater good of the nation.”
(Atty. Ayin Dream D. Aplasca practices her profession in Iloilo City. She may be reached thru ayindream.aplasca@gmail.com/PN)
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