MALACAÑANG said President Ferdinand Marcos is not violating the law for maintaining several ‘over-acting’ Cabinet members.
Palace Press Officer Claire Castro made the statement in a press briefing on Thursday after Senator Imelda ‘Imee’ R. Marcos, the President’s sister, called out the Executive branch for its alleged ‘perversion’ of the checks and balances in the government by not subjecting all of his secretaries to confirmation of the Commission of Appointments (CA).
During the hearing of the Development Budget Coordination Committee (DBCC) in the Senate last week, Senator Marcos said there were 12 ‘over-Acting’ Cabinet members.
She listed Executive Secretary Ralph G. Recto, Public Works Secretary Vivencio ‘Vince’ B. Dizon, Transportation Secretary Giovanni Z. Lopez, Justice Secretary Fredderick A. Vida, Finance Secretary Frederick D. Go, Budget Secretary Kim Robert C. De Leon, Environment Secretary Juan Miguel T. Cuna, Health Secretary Edwin M. Mercado, Presidential Communications Office Secretary Dave M. Gomez and Labor Secretary Francis N. Tolentino.
The lawmaker also mentioned Bases Conversion and Development Authority President and CEO Joshua M. Bingcang and BCDA board member Dante V. Liban.
Castro, however, pointed out that the decision of Marcos not to nominate his acting secretaries to the CA was not illegal and is part of his presidential prerogative.
‘At present, the appointment of acting secretaries-such as Secretary Dave Gomez, who has been an ad interim appointee since July 10-remains in order. Thus, the President is not violating any process or law,’ she said in Filipino in a press briefing on Thursday.
Gomez has yet to face the CA since he was appointed by the President.
In its website, the CA defined ad interim appointments as appointments made during the recess of Congress.
It noted that an interim appointment only becomes invalid upon disapproval of the CA if not confirmed until the next adjournment of Congress.
In a ruling in 2005, the Supreme Court distinguished an ad interim appointment from an acting secretary, which it said may be extended indefinitely by the President any time there is a vacancy in his or her Cabinet, unlike that of an ad interim appointment.