Anytime this week, the Union of Foreign Service Officers, will bring to court the issue of the extension of the service of political ambassadors appointed by Gloria Arroyo.
It would be the first suit against officials of the Aquino administration. Members of the UNIFORS are not happy doing this but they have to inorder to restore the rule of law in the department.
The foreign service suffered immensely with Gloria Arroyo’s utter contempt of the law implemented dutifully by her (and now Aquino’s) Foreign Secretary Alberto Romulo. Foreign service officers had great hopes that under the leadership of President Aquino, professionalism would return and department would regain its premier role in the government.
It is this yearning for professional foreign service that they are bringing the issue of the extension of the service of political ambassadors to court.
The issue stemmed from the assignment orders issued by Romulo starting July 1 to all 21 political ambassadors who stayed on in Philippine embassies despite the fact that they were co-terminus with Gloria Arroyo who appointed them.
His July 2 assignment order to Ambassador to Greece, Rigoberto Tiglao spoke of the “President’s approval of your extension as AEP to Greece in a holdover capacity for a period of three months effective noon of 30 June 2010.”
Tiglao, former press secretary and author of Arroyo’s “Strong Republic” program, continues to enjoy Greece even as he has started writing a column for the Philippine Daily Inquirer.
Six of the political ambassadors, outside the 21, have returned home namely Generoso Senga ( Iran), Alejandro del Rosario (Poland), Acmad Omar (Oman) and Alexander Yano (Brunei), Domingo Siazon (Japan) and Delia Albert (Germany).
The six, two of them former foreign secretaries, are proof that it’s not impossible for an ambassador to comply with the law and wrap up his or her work before the termination of his appointment June 30, 2010.
Last Friday, DFA issued a statement announcing the extension of the services of the 21 ambassadors “upon their request” from “30 June 2010 to 30 September 2010.”
It should be recalled that Romulo immediately after election, while he was still lobbying to be retained as foreign secretary issued an order for political ambassadors to return by June 30, 2010. Later Arroyo’s Executive Secretary Leandro Mendoza countermanded that order which elicited some concerns from then presidential candidate Noynoy Aquino.
Romulo’s July 1 assignment order in effect reiterates Mendoza’s order.
Yet, last Monday, July 5, the Office of the Press Secretary issued a strange press release.
Strange because the title was, “Palace eyes envoys’ 3-month term extension.” The lead sentence said, “Executive Secretary Paquito Ochoa Jr., and Foreign Secretary Alberto Romulo have jointly recommended to President Benigno “P-Noy” S. Aquino III a three-month extension of the term of all ambassadors whose appointments are co-terminus with that of former President Gloria Macapagal Arroyo, and therefore deemed to have expired last June 30.”
The release said, “The recommendations are now at the President’s desk.”
In the same release, Ochoa was quoted as saying, “all ambassadors, either career or political appointees, should stay put in their foreign postings until Sept. 30, unless recalled earlier.”
“Everybody stays until they are replaced or until the agreed period, whichever comes first,’ Ochoa was quoted as having said.
Romulo, in a TV interview Tuesday, said President Aquino has approved the recommendation “retroactive June 30.”
I would like to know in what form was the approval of Aquino made. If it was an “extension” as Romulo and Ochoa say, what was the legal basis? What did he extend? Arroyo’s appointment of the ambassadors ended June 30, 2010. On July 1, those ambassadors were no longer ambassadors. There is nothing in the Constitution that empowers a president to “extend” a terminated appointment.
What the Constitution empowers the President is appointment of ambassadors. Did Aquino appoint those 21 former ambassadors? If he did, then those appointments should pass confirmation by the Commission on Appointments which would be convened after the opening of Congress on July 26.
After the confirmation of the CA, the DFA should request an agrément or approval from the host country. After that is obtained, it’s only then that the ambassador goes to his country of assignment and presents his credentials to the host country.
Without completing the process, the former ambassador has no legal personality in the embassy. He can be charged with usurpation of authority if he insists on performing acts for the government. He could also be charged of malversation if he spends government money.
Career finance officers in embassies are worried that they would also be dragged in the malversation cases since they are under pressure to release money to the “ambassadors”.
Ochoa showed unfamiliarity with diplomacy when he said he agreed with Romulo “to recommend that they be extended for a few more months because we don’t want to disrupt diplomatic relations with other countries.”
What disruption of diplomatic relations would happen if political appointees are recalled? Every embassy has a number two officer. They are usually career officers. They become charges d’affaires in the absence of an ambassador. The Vienna convention that governs diplomatic relations recognizes that role of CDAs.
Right now, the six embassies whose ambassadors complied with the law and came home before June 30 (Japan, Germany, Poland,Iran, Oman,Brunei ) are run by CDAs. There are no reports of problems in our relations with those countries.
When the UNIFORS files their suit, the Aquino government would not be defending an oppressed group of citizens. It would be defending and protecting Gloria Arroyo’s privileged envoys.
So, that’s the whole story — a confused set of puppies turning against their master? Time for the big dog to growl back and put order in the kennel.
Question is why is Romulo admant to retain those ambassadors who I’m sure would have been happy to return because it’s the rule: they cease to be envoys when Gloria’s squat was terminated.
Is he trying to muscle his way in? He must realise he’s causing confusion, stirring trouble and creating inefficiency in the service through his show of force. What an idiot!
The man is getting too old (not big) for his britches.
Is Berto trying to prove that he is so malakas with the Aquinos? He does not respect Noynoy. Cut him out already before he makes the president look weak.
Ayan, pagsunod na naman sa batas ang issue. Walang sinabi ang batas sa hWang-hwang. May batas na dapat sundin sa pagpalit ng mga Ambassadors. Aba hindi dapat ganyang puro confusions sa bawat galaw ng mga tauhan ni P-Nyoy. Ang payo ko, alamin muna ang batas na sasakop sa mga pagkilos. Ayusin ni P-Nyoy ang kanyang mga legal advisers at kumunsulta muna. Nagka-kanya-kanya yata ng diskarte ang mga galamay.
Meet the new Boss … Same as the old Boss … We won’t get fooled again
Chi, mukhang may mga palakasan ngang nangyayari, kita naman sa mga appointments sa mga Gabinete at iba pang govt positions. Marami ang dapat ‘Reject’ tulad nyang si Romulo, Purisima, Ona at si Davide. Marami pang bakanteng dapat punuan. The different factions are jockeying for juicy posistions. Like BIR, Pagcor, GSIS, at iba pang Agencies and Govt-Controlled Corporations. Bagay di maaalis yan. Dapat talaga na magbantay tayo sa kanila sa paggamit ng kaban ng bayan.
NOY ….Ano ba malaking utang na loob mo diyan kay Romulo at di mo masibak.Pati si Davide.
Makinig ka naman o huag kang magbulag-bulagan, habang di pa huli ang lahat..Alisin mo na yang mga Ahas sa hanay mo..habang hindi pa huli ang lahat… Malapit na akong mainis sayo..puro palpak na desisyon.!
Si Hilarious Divided? Sa “truth” commssion?
I wonder!!!
Tito Bert is the weakest link in Noy’s cabinet. Cut your lost Noy, ‘lest you want to be buried with intrigues caused by him.
These appointees are well aware of their terms of appointment, they could have wrapped up whatever business they were supposed to finish before June 30,2010.
To UNIFORS : I salute your resolve. If the president is not keen to help you, bring it to the court and the people. You are and have remained quiet after all these years, it could have been mistaken as you don’t care about yourselves. It’s high time that you make voices be heard by the powers that be. I can only assure you of my support, and hoping and Praying that more people would understand you concerns and support your cause.
07 July 2010
As I’ve said before, the law/rules of recall for ambassadors should be applied to all of them, including the so called career ambassadors.
As experience by some friends, as also these political ambassadors knows, their term as ambassadors will lapsed the day the appointing authority ceased to become president, noon 0f 30 June. What I meant about this is, they should have submitted their resignation at least 6 months before the expiration of authority of the president.
But somehow, somebody or a group may have told them in advance not to do so, as they “MIGHT” have be given assurance/s of extension for at least 3 months.
Furthermore, base on what I know, no diplomatic relations will be disrupted in case an ambassador is recalled. That is why a Charge d’Affaires, a.i. (CDA) will temporarily act as head of the embassy in the absence of an ambassador.
Now, the same should be applied to “career ambassadors”, they are appointed by the president. Unless instructed by the new secretary, they should alsobe recalled.
prans
07 July 2010
As an addition……
If the UNIFORS are tru to their form, then file the case in court. The problem with UNIFORS, they have a divided front, yet, if and when they win the case those members who opposed the filing of the case will be the first one to say that they are with UNIFORS. But if they lose the case, the will be the first to say “WE TOLD YOU SO”.
And by the way, make true of your threat to go on mass leave right now and file you against romulo.
prans
Ate Ballsy: bakit mo pinahamak ang kapatid mo? akala ko ba tutulong kayo sa kanya,,,bakit kayo nakialam? si Kris tactless pero iba ka pala,,,garapal ka din ata…wala pang isang buwan ang kapatid mo napahamak na dahil sa iyo…ay ate ano ba?
The midget changed the rules in appointing these ambassadors. Romulo headed the team of these ambassadors who somehow were offered these juicy positions as a “payment” of some sorts ( from generals… etc ) to those who were subservient to her. If Romulo is indeed a good head, he should not have tolerated this practice of a “pay-back”. Now he is throwing his weight around to further destroy the professionalism in the DFA. This is one of the so many institutions corrupted by the bitch! This has to stop!
There’s something fishy with the proposal to extend the scope of the Truth Commission to include past admins of FVR and Erap. The anger over the appointment of Davide hasn’t even subsided yet and here comes another shocker. The question is who will get top billing in the investigation? It can’t be done in one time for the three of them.The natural order would be Ramos on top of the list followed by Erap and finally Gloria.
During the campaign Noynoy never mention about these things. His campaign song is to prosecute and get Gloria answer for all her sins. That’s what the people loved to hear. FVR and Erap were out of the picture then although he mentioned Marcos. Now Marcos is out, a deliberate and tactical move because if he will take up Marcos, he can’t jump over her mother Cory. It seems now that there’s a change of tune in his song.
Investigating FVR will not take just a week, a month or a year. It will eat up a few years before any conviction. Same is true with Erap. And before everyone wake up to there senses, Aquino’s time is up, Gloria is a free woman, no investigation and no jail for her.
One can’t avoid speculating and suspecting that something is in the works to let Gloria off the hook. A little analysis of what’s going on is enough to draw such conclusion. The picture is becoming brighter and clearer by the day.
First is the Davide connection; followed up by a Rosales idea or suggestion to include past admins, both known to be very close ally of Gloria.
What can we expect from Davide in his role against his erstwhile boss to whom he handed the still occupied presidency and from whom he got so much? What about Rosales’ favorite line on separation of church and state? Gone with Gloria?
Maybe being true to the Filipino tradition of utang na loob, they just want to give something back for all the good things they got from Gloria.
I just wonder if Noynoy is not far behind.
Sorry, the above comments should be under the topic about Lorenzo/Truth Commission.
Re #13, Ms. Rose pati ikaw naniniwala na ung panganay ang nagpilit kay Romulo. Kaya nga nung lumabas ang issue, I was asking for the credible source at dun sa inquirer link, nakalagay na “sources said”
Yung sisters inc. parang pilit na pilit at mukhang hindi kinakagat yung kamagak inc. na gustong ikabit kay Aquino.
Hindi ko personal na kilala ang mga sisters, but based on how they conducted themselves, except Kris, from proclamation (JUne 9) to June 30, 2010, I really find it hard to believe that their decisions can override Noynoy’s.
Bigatin naman pala ni Berto ng wala sa ayos, inuutusan si P.Noy na sumunod sa gusto niya.Insulto na iyang ginagawa ni Berto sa mga Pilipinong bumoto at nagtiwala kay P.Noy.
Tulad nang binanggit ko sa kabilang post it’s just a matter of delicadeza and respect to the new leader kaya dapat umuwi ang mga overstaying ambassadors without having their posts abandoned to personally receive either extension or termination of their respective appointments.
Kung ang pangulo, ayon sa batas ay walang karapatang palawigin ang pagkakatalaga ng mga political appointees co-terminus with the one who appointed them, ano’ng kapangyarihan meron itong sina Ochoa at Romulo upang siyang magbigay ng utos na manatili ang mga nabanggit na overstaying ambassadors?
Hindi ba’t tapos na ang pamamayani ng mga abusado’t manhid na naghariharian sa loob ng siyam na taon? Bakit tila yata mas masahol pa itong mga nasa likod ng bagong pangulo na hayagang sinasaksak sa likod ng kanyang “sinahod” at pinanatiling kalihim ng DFA? Pati ba itong si Ochoa na bukod sa matagal nang naglingkod kay PeNoy ay kaibigang matalik pa ay nadadamay din sa kontrobersiya?
Hindi kaya meron lamang mga nagpapagulo upang ang mga iniwang problema ng pinalitang administrasyon ay makalingatan at maging abala ang gobyernong Aquino sa pagsagot at pag-aayos dito sa mga nagkakabuhol buhol na gusot?
Kung meron ngang nagpapagulo? Sino sila?
When the UNIFORS files their suit, the Aquino government would not be defending an oppressed group of citizens. It would be defending and protecting Gloria Arroyo’s privileged envoys.
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What applies to one, applies to all…I believe there is a due process prior to making decisions, or policies that prevent arbitrary ones…what Unifors (or some of them) is doing now whether right or wrong could set a precedent that may be abused in the future…
If PNoy gives in to this clamor of the Unifors and some members of the media, it will be criticized by some sectors also as giving in to trial by publicity, if not, some sectors will have something else to say also – so its better to look at it from a policy standpoint, if there are no grounds for Romulo to step down, if there are – we should respect the rule of law, not as interpreted by the aggrieved party alone but the duly constituted authority on these matters…
For Romulo, hindi ba’t kaiangan pa rin niyang i-confirm ng CA kahit pa in-appoint siya being a hold over DFA secretary?
Automatic na ba kaagad ang confirmation sa ganitong bagong administrasyon?
There’s something fishy with the proposal to extend the scope of the Truth Commission to include past admins of FVR and Erap. The anger over the appointment of Davide hasn’t even subsided yet and here comes another shocker. The question is who will get top billing in the investigation? It can’t be done in one time for the three of them.The natural order would be Ramos on top of the list followed by Erap and finally Gloria.
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As I said, what applies to one, applies to all…now, because the intention is to find closure to all these issues, then by all means do so. If Erap, Ramos, etc., has nothing to fear, then the commission’s work will vindicate them, putting to rest all these nasty rumors (I call them rumors because they’re not proven in court yet).
Of course, I’d prefer they start with the most recent first, namely Gloria as the issues are fresh and hopefully the paper trail, evidences, and witnesses are still available (and alive).
There are only two possibilities with such investigation, conviction or non conviction, it all depends on what evidences will be gathered, there is a process, its supposed to be designed to ferret out the truth, we just go through the numbers, if lucky we get what we want, if we don’t, thats life…and we have to move on from there…but we need to learn from the experience otherwise we’re bound to bump into them again…and make the same mistakes…
The problem with this truth commission of sorts is that we don’t hear anyone volunteering for the post aggressively, more on people refusing to take it…
The anger over the appointment of Davide hasn’t even subsided yet
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What anger? Who are these angry people? I believe when we get down to getting the numbers its not going to be substantial enough to create a dent…most people just want to go on with their lives, we already elected our leaders, now its up to them to do their jobs, we are too busy with our own jobs…of course, its a different issue with people who’s sole calling in life is to watch over the government day and night…and get paid for it…god knows I won’t be if I do so…
Another Cabinet official bickers with media:
http://www.abs-cbnnews.com/nation/07/07/10/another-cabinet-official-bickers-media
It is a journalist’s, and a citizen’s, responsibility to ask questions. In a government where no less than the President had shown that the best brand of leadership is by setting examples, his alter egos must realize that it is not only permissible for citizens, journalist or not, to question their judgement- it is even the citizens’ obligation.
My friends in the DFA said Romulo couldn’t answer Ellen’s question on what’s the legal basis of the extension. Ed Malaya had to read a SCRA something that was not applicable to foreign service officers who are governed by the Foreign Service Act.
Mabuti lang hindi niya kaya paikutan si Ellen.
Romulo is pointing to Ochoa for the legal basis. Ochoa has shown ignorance of foreign service.
Kawawang P-Noy.Not getting sound advice.
Ellen, i saw you on TV Patrol. Tapang mo.
Ang point ko lang re my comment on Balsy’s role in the appointment of Romulo…because sangkot ang pangalan niya at kapatid siya ni Noynoy, totoo man o hindi, “like Caesar’s wife she should be above suspicion.” and that goes true for all the other siblings…with regards to her brother’s being the president..
Hindi ko ma-access ang ABS/CBN. Tapang talaga yan si Ellen natin basta tama at katotohanan ang laban.
Ala, bakit lolo Berto points to Ochoa to answer for his ignorance of the foreign service rules, as DFA chief he should know the legalities concerning his turf. Kung hindi nya alam, layaaaassss!!! Pinahihiya lang nya ang loveable na kuya Noy.
just curious…dahil na rin sa mapurol ang pag-google ko at this sleepy time…
is there a law against retroactive extension of appointments?
if it’s appointment or re-appointment, it would be read as prospective and so proper procedure is to be followed in accordance with the foreign service law (as explained in the blog post above).
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‘di ko na-gets ito.
Walang sinabi ang batas sa hWang-hwang.
– luzviminda
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On the contrary, you’d be surprised with the impact of this seemingly trivial (you may say foolish) act. I have rich friends who voluntarily took off their wangwangs without even complaining – just the opposite, kung ang presidente na nga hindi gumagamit tayo pa kaya, this coming from people who have all the connections in government they could probably get away with anything…yung mga dating mayabang na feeling untouchable are suddenly towing the line…this for me is amazing…and their only negative comment to me was “ikaw kasi binoto mo pa” as they did not vote for Noynoy. Coming from people who carry guns (with permits), used to getting their way, this is really something…
…I hope Romulo will also see the light…
Becky # 28
The SCRA something you pointed out was the case of Mendoza v Quisumbing. SCRA means Supreme Court Reports Annotated; that is the citation indicating where to locate the case.
The Mendoza case, however, involved hold-overs which had an enabling law, Executive Order 117, enacted by Mother Cory when she had legislative powers. It had to do with the reorganization of the MECS, later DECS.
The hold-over provision of the Foreign Service Act had a sunset date of June 30, 1992, found in Section 9. And that refers to non-career ASECS. There is no hold-over provision for ambassadors.
baycas, why “retroactive” when the life of Gloria’s political ambas ended with her on June 30? Ang labo talaga ni lolo Berto! Namatay at nabuhay on the same day!
So, Romulo was saying that extension of Gloria’s ambas was the very first business transaction of the Noy’s presidency superseding the wang-wang and the confusing midnight appointee executive order? Ang yabang talaga ni lolo Berto!
It’s becoming clear that Berto has another agenda not in line with PNoy’s priority of excellent service to his tunay na mga bossing. Meron syang till death do us part agreement with Gloria’s ambas, and with the unana herself. Ganyan ang lumalabas sa kanyang rudeness going over Noy’s bald head (hehehe!).
Sipain na si Berto, nagdadala lang ng malas kay kuya Noy!
Like na like ko ang wang-wang ni PNoy. Sa kalsada ay pantay-pantay na ang mga tao (motorista).
Romulo’s gall is unbelievable. I asked him in what form was the approval of PNoy of his recommendation to extend the services of Gloria Arroyo’s political ambassadors, he did not want to tell us. Pwede ba yun?
Then he directed us to Executive Secretary Jojo Ochoa? At bakit? He was the one who announced the approval of his recommendation.
I asked him what’s the basis of the approval of his recommendation. He said,it’s legal. I insisted that he cite us the provision of the Foreign Service Act, the law that governs foreign service. He kept on saying, “There is, there is.”
He pointed to his spokesperson who was distributing a statement. “There it is , there it is .” he said. We told him to read it. He refused.
I told him, “Sir, ang video clip mo. There it is.”
Then he asked his spokesperson to read the statement.
The statement cites a Supreme Court decision (Mendoza vs Quisimbing 186 SCRA 110 and Topacio Nueno vs Angeles, 76 Phil. 12):
“When a public officer is placed on hold-over status, it means that his term has expired or his services has terminated but he should continue holding his office until his successor is appointed or chosen and has qualified.”
Unbelievable that he would think that would pass.
That provision does not apply to foreign service where there are charged’affaires.
I asked him to cite a provision in the Foreign Service Act, he couldn’t.
He said sarcastically, “Apparently you know more about Foreign Service Act than I do.”
I said, “Apparently.”
Bobo nga.
He kept on saying that it was done before during Ramos and Estrada’s time. I told him that practice does not make a wrong thing right.
If it’s illegal, it’s illegal. Just because an illegal act was not questioned before doesn’t make it legal.
Nakaka-inis dahil ginagawa niya kami at tayong lahat na tanga. Akala nila makalusot. Nakaka-insulto.
Paano ngayon iyan? Isinusubo talaga ni Romulo sa kahihiyan at kapahamakan si PNoy.
Sipain na iyan, PNoy, utos ng mga BOSS mo!
Romulo’s gall is so unbelievable, its almost pitiful, maybe he’s got Alzheimers’?
Tribune : Palace admits extension illegal
It’s a mess. PNoy’s pronouncements about the extension of political ambassadors betrays ignorance of the Foreign Service Law.
Possibly because he depended on the advice of Romulo and Ochoa who seem not to understand the law.
Take a look at the story of Malaya’s Malacañang reporter,Regina Bengco:
So, it’s holdover (or hold-over, as others would spell it) according to “Li’l Pres” Ochoa. I’ll rephrase my query above…
Is there a law against the application of the Holdover Doctrine in the case at bar? (Pardon me, but I haven’t read the Philippine Foreign Service Act yet.)
Anyway, I got this from Lawphildotnet:
Also, I got this from Scribd:
Aquino said he will nominate them to the CA at the proper time. That means he is not just extending for three months but appointing them as new ambassadors?
I think he also doesn’t understand the issue. A person nominated to an ambassadorial job cannot assume his post unless he is confirmed by the Commission on Appointments, had obtained an agrement from the host country and if granted the agrement, present his/her credentials to the host country.
As to extension? There is no such thing as a president extending the services of an ambasador whose appointment has expired. Nagkahalo-halo na.
This is what he gets for having retained Romulo.
Baycas, that doctrine does not apply to foreign service. They are governed by the Foreign Service Act. There is a charge d’affaires that takes over if there’s no ambassador. Many of our embassies are run by CDAs at one time or another.
Right now the six embassies of ambassadors that came home are being run by CDAs: Japan, Germany, Poland, Oman, Iran and Brunei.
In the case of Mendoza, the Supreme Court held:
In the case of Topacio Nueno, the law allowing hold-overs states:
Clearly, the President cannot declare hold-overs. Hold-overs are allowed if enabled by law.
baycas:
Mechem’s treatise (commentary) is based on US law. He is also considered an authority by the Philippine Supreme Court, unless our law states otherwise.
As I pointed above, our law does state otherwise.
Talagang pahamak si Romulo sa bagong Aquino administration. Dapat ang batas ay pantay-pantay para sa lahat.
Another point. The appointment is co-terminus. So the ambassador’s term derives from the validity of his appointing president’s term. If principal’s term expires, then the agent’s term also expires.
Hindi maaaring higit na malaki ang sanga sa puno (ano ba ang trunk sa Tagalog Magno?). Or, to use the favored phrase of the Supreme Court, “the spring cannot rise higher than its source”.
I understand the recall by Romulo in April was recalled:
So they were put on hold pending the new government’s further instructions after June 30, 2010. The new government is now saying they are to be in “holdover capacity.”
The article further reads:
“No political ambassadors can hold over UNLESS directed to stay on…by the President.” Romulo et al should probably get hold of that DFA diplomat who said this statement. He seems wise enough to say that Holdover Doctrine may be applicable.
This, I think, is pertinent in the Holding-Over Rules (which I got from a Scribd file entitled “LAW ON PUBLIC OFFICERS: Consolidated from Reviewer and Outline from BarOps 2003 and 2004” – doc file name: 23671401/UP-2008-Barops-Public-Officers-2007):
Using Ctrl+F on the Philippine Foreign Service Act of 1991 (R.A. No. 7157), no word “holdover” or “hold-over” is found. Hence, I assume the law is silent. I don’t know if the law fixes a specific date for the end of the term…
Baycas, read SNVs comments.
Kung saan-saan na sila ngayon naghahanap to justify the illegal extension of the services of Arroyo’s ambassadors.
Having gotten away with his appointment despite objections from the UNIFORS, Romulo pushed his luck further and pushed for this, confident that he could again get away with it.
If he gets away with this, I dread to think, what he is going to make President Aquino again do. Include Arroyo in his entourage when he visits Washington? Or arrange dinner for him at Le Cirque?
ano ngayon ang sasabihin ni Ate Balsy sa appointee niya? ay ay kalisud!
pahamak!
nakahihiya ang matandang romulo…
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parang wala pa akong mahanap na justification. maganda nga yatang test case ito sa husgado. sundan…
Hi Maám…you’re the BEST, napanood ko sa TFC kanina nang paggisa nýo kay Tandang Romulo?
May pagkapikon pala ang matandang ito…pati si Maám Ellen e binuweltahan pa dahil sa inis-talo, pero nakipagbati nman kuno bago lumayas sa interview.
Tama yong ginawa nýo upang matauhan ang mga pasaway na yan…puro sila pahirap sa bayan.
Ang kakapal ng apog…kapit-tuko sa pwesto!
‘Walang sinabi ang batas sa hWang-hwang.
– luzviminda’
Jug,
Ang ibig kong sabihin dyan ay yung batas sa Hwang-wang na agarang pinatutupad ay walang sinabi kumpara sa ibang batas o regulations na mas mahalaga, tulad nga itong tungkol sa pagpapalit ng mga ambassadors at iba pang appointed positions na dapat ipatupad. Si Romulo ay over-aged na at di na dapat sa position na iyan. Kung tutuusin para sa akin, ang hindi paggamit ni P-Nyoy ng Hwang-hwang ay hindi magandang desisyon. Para sa seguridad ng ating halal na pangulo ay DAPAT niyang gamitin ang Huwanghuwang. Ayan late na namam siya. Baka pag may nakabangga siya lalo na kung mag-uumpisa nang litisin ang mga kaso ni Engkantada eh ma-bulls-eye siya.
saxnviolins – July 8, 2010 12:44 am
Another point. The appointment is co-terminus. So the ambassador’s term derives from the validity of his appointing president’s term. If principal’s term expires, then the agent’s term also expires.
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Ang linaw-linaw!
Thanks, Ellen. Nakorner mo si lolo Berto, nagkalat pala sa interview.
He said sarcastically, “Apparently you know more about Foreign Service Act than I do.”
I said, “Apparently.”
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Atta girl!
Ay, lumabas tuloy na sa tagal nyang DFA chief at wala syang alam kundi per diem!
If he gets away with this, I dread to think, what he is going to make President Aquino again do. Include Arroyo in his entourage when he visits Washington? Or arrange dinner for him at Le Cirque?-Ellen
Yan ang tunay na Hesusmariajosep!!!
Kapapanood ko pa lang sa UmagangKay Ganda ng news clip na yan.
Oo nga chi, sa tagal niya sa Foreign Service eh sa row 4 (sabi nga ni Ka Balweg) siya nakaupo. Ang sarap magpasasa sa paglustay ng kaban ng bayan.
Ate Ellen, bilib ako sa tapang mo, sabi ng ni chi, Atta Girl!
Dapat talaga hinaharap yang mga kapalmuks na yan! Palibhasa pinanghahawakan nila yung mga kadikit nila. Palakasan pa rin maski wala na sa batas.
Just read Ka Enchong’s news link
First of all, what the fuck does he mean he wants to give them time? For the love of Aesop, what’s wrong with him? The envoys that he insist needed time to finish their personal business — remember official business as far as these guys ended on 30 June — knew they were going back home and had all the time to finish their personal businesses. If they hadn’t, well, boogaloo! TOUGH! They all go home with only their nickers and that’s that!
What’s wrong with this man? Doesn’t he understand what’s been said? That govt is breaking the law and by extension, because of his bullheadedness, he is putting the envoys in a spot too? Doesn’t he understand the ultra simple explanation that those envoys cannot be extended unless they go through the mill again? Doesn’t he understand the ultra simple meaning of co-terminus with their appointing authority? TERMINATED, FINITO, FINI, TAPOS NA?
Romulo is insisting on embarassing his president… why? What’s his agenda?
Back off Romulo, take a deep breath and back off!
Well done Ellen!
Tito Bert was tongue-tied, especially his remark Apparently you know more….” and Ellen’s forehand reply… Apparently. That says alot. Was happy to note as well : Ellen saying “Your Video remark is There is…There is…” Sounded clueless as what he is expected to have known by heart being the “top guy” at DFA. Helplessly signalling his spokesperson to “Help Me Out Here…”
Romulo said it is his judgment call, well FYI Romulo, your judgment call is wrong and clouded.
Do the right thing and step aside. Don’t forget to take along with you those Hold-Over “Pseudo-Ambassadors” of yours.
I do not think that P-Noy can say that Romulo lacks in experience with the media this time. The new ones I could fathom, but Romulo should be seasoned, baka nga lang MSG ang seasoning niya, na hindi na widely-used nowadays.
Romulo’s experience is quite UnDiplomatic, that is the bottomline. Unworthy of a diplomat.
Declaring that it was his judgement call was the height of arrogance. He was cornered by Ellen and so retreated into that high and mighty allusion to his being the chief of the DFA.
Sanamagan! The guy’s gone bonkers! But why doesn’t he just back off to avoid embarassing his president?
I know he’s thick but that thick?
Ang swerte naman nitong si Romulo. Aba eh mas napaganda pa ang posisyon niya ngayon. Dati isa lang siya sa mga Ambassadors, ngayon eh siya na ang may ‘SAY’ sa kanila. Mas may karapatan na siyang maglibot sa ibat’t-ibang panig ng mundo nang libre. At ang kapal ng mukha nung sinasabi niyang ‘That was my judgement’. At sabi din ni Ochoa at P-Nyoy ay legal naman daw. Asus, ano ba yan, Pag sila na ang nakaupo…Legal na rin ang mga desisyon maski hindi nakasulat! Nakakanerbiyos na umpisa pa lang eh may potential na.
“If he gets away with this, I dread to think, what he is going to make President Aquino again do. Include Arroyo in his entourage when he visits Washington? Or arrange dinner for him at Le Cirque?” -Ellen
I don’t know if it’s true that Noynoy and Gloria shared a limo ride from Malacanang to the Quirino grandstand in Luneta for the former’s inauguration.
If it’s true, then maybe Romulo not only made the arrangement, but did the most mind-boggling and almost mission impossible job to have the two of them in one long ride.
If that’s true, from Malacanang to Quirino grandstand is a long way, what could be the hot topic of conversation during the long ride? Hindi naman siguro nagsisimangutan lang sila at nagpapanis lang ng laway.
At this point in time, a sure thing is Gloria will never see the light of day inside a jail. A case may not even be docketed, Davide will be busy against Ramos and Erap.
She is surely a lucky evil bitch.
I can almost hear Gloria saying,
Ellen: we are proud of you…Bugal ka matuod sang familia..
Sayang hindi ito narinig ng mga kapatid ko..I could just hear them say: “kita mo na Manang..nagratattat na si Ellen magingat sila!
Si Pinocchio humahaba ang ilong kapag nagsisinungaling,si Romulo lumalaki ang butas ng ilong.
Inatake yata ng bipolar disorder si Romulo ng nakorner ni Ellen.
P-Noy should drop A. Romulo and Davide. In my view, these two are just trouble. With their history, only a fool will stand by these two.
Aye, Sir!
Romulo recalled the political appointees (non-career service officers) in April.
The order was recalled by Leandro Mendoza on June 7 and told them to stay put to await new administration’s instructions. Some defied Mendoza but the bulk held on to their posts.
Now, Romulo, Malaya & Ochoa are having a hard time justifying the extension-cum-holdover of positions as it violates Civil Service Law on Non-Career Service (coterminous issue), Philippine Foreign Service Act, and even the Holdover Doctrine of the Law on Public Officers.
Bad, bad, bad…bad for P.Noy…
Almost a day lang ako hindi naka punta dito, hindi na ako maka agos sa flow ng mga posts.
Ms. Ellen, your tenacity is commendable.
I read the posts on how you handled the Romulo-Ochoa toss. The I read Alex Magno’s column which is contrary to the position of Union of FS Officers.
http://www.philstar.com/Article.aspx?articleId=591292&publicationSubCategoryId=64
I didn’t hear that much confrontation between Ellen and Berto blow by blow.One thing I can say Berto declared himself that the rule of law to be paramount. I don’t know which soccer playbook that page came from? These people are playing off of an old script that has been out of date, heck! it was out of date when P.Noy ang naging Presidenti.I find it worrisome that Romulo’s caliber continues to accept the fairy tale of the perfect hijackings.
Berto’s weakness is that he’s really ignorant with history. Nixon famously said “ When the President does it, it is not against the law.”Maraming mga Amercanong nagalit and he was rejected,expelled from office after being impeached.
Romulo must enforce the law and stop protecting those Gloria’s appointee for further wrongdoings and send them home.
I Really don’t give a damn how these foolish creature Berto’s palusot. Still he and his cohorts continued lusting after the blood of good, innocent people, Filipino people. They are bloodthirsty monsters who deserve far worse than we’d ever deal out.
The problem with appointed cabinet officials especially the kind of Romulo is they think they can always make a spin everytime caught flatfooted and pants down by showinb sarcasm.
We can let it pass if Romulo is not a hold over DFA secretary or new in the cabinet. But for devil’s sake, he’s been in the government service since Noynoy was not yet circumcized. Still, tanga pa rin siya?
Oblak, alex misses the point. We are not talking here of qualifications of the ambassadors. We are talking here of the legality of the extension of the stay of the political ambassadors. As SNV said #52, the political ambassadors were co-terminus with Gloria Arroyo.
Noon of June 30, 2010. Their appointment was no longer valid.
They have no legal personality in the embassy after June 30, 2010.
What did Aquino extend?
Those ambassadors knew that their term was only up to June 30, 2010, why didn’t they start packing April 2010. Why are they packing only now?
In fact Delia Albert, former foreign secretary and ambassador to Germany, is one of the six ambassadors who have come home.
There is no problem about who will be taking charge of the embassy because in diplomacy there is the provision of charge d’affaires.The Vienna Convention on international relations recognizes charge d’affaires. No disruption in relations between countries.
Take note of this part in my article above:
Wala namang problema if Aquino appoints them again as his ambassadors. But they have to go therough the process mentioned above and that’s the only time they can assume their post. That’s the only time they would have a legal personality in that post.
I’m transcribing the Romulo presscon for posting here.
Yes Ms. Ellen, I agree with the points raised by those, like you, who are against the overstaying political ambassadors. The Magno article is an example of how people will and can justify something that is wrong or against the law and sense of decency.
Legality of any issue of this kind would only gain ground if the present dispensation stops the appointment of political supporters as a gesture of utang-ng-loob na yan. Designate only qualified career service people who studied and have knowledge in foreign service and international law and relations who can serve best for the interest of the country and the Filipinos.
Those politically appointed ambassadors, most especially from the recent government product of dagdag bawas and miraculous hands of an elections officer were only given posts to erase foot and hand prints the ever lying couple left in any country they visited in the guise of official travel. It is the only qualification of an abassador fitting the approval of an economics genius like gloria, who mastered nothing but lying and doctored all the facts and figures to appear she is an incomparable leader (daw) to none.
Great job Ms. Ellen! You pawned Sec Alberto big time!
Si Pinocchio humahaba ang ilong kapag nagsisinungaling,si Romulo lumalaki ang butas ng ilong. – Cocoy.
Si gloria kapag nagsisinungaling ay umuurong ang suso subalit umuusli ang nunal.
anong bipolar disorder? same meaning as mental disorder?
Non-Career ambassadors
1.Non-career ambassadors or political appointees are allowed according to the Philippine Foreign Service Act provided that the Career Service officers are in the majority:
This is complied with and according to a Palace statement on December 14, 2009:
2. Non-career ambassadors are considered Non-Career Service officers according to this Supreme Court decision (G.R. No. 88183, October 3, 1990):
This is derived from the Civil Service Law (P.D. No. 807) and like-worded in the Executive Order No. 297 on July 25, 1987 instituting the ADMINISTRATIVE CODE OF 1987:
Section 9, Chapter 2 COVERAGE OF THE CIVIL SERVICE, Book V
and, as mentioned, it is implied that Career (and, of course, Non-career) officers of the Department of Foreign Affairs are covered by the Civil Service Law as instructed in Section 7, Chapter 2 COVERAGE OF THE CIVIL SERVICE, Book V…
Therefore, the posts of the non-career ambassadors who are presently overstaying in “holdover” capacity are deemed VACANT.
karugtong…
3. Holdover capacity, wherein a public officer whose term has expired or services have been terminated is allowed to continue holding his office until his successor is appointed or chosen and had qualified, is allowed by the Doctrine of Holdover provided in the Law on Public Officers. However, the doctrine is NOT applicable to the Non-career ambassadors according to these rules:
Art 237 of the Revised Penal Code penalizes any public officer who shall continue to exercise the duties and powers of his office beyond the period provided by law:
Maliit ang parusa, pero ilegal pa rin ang ginagawa nila at ‘di naaayon sa “Daang Matuwid!”
Sagutin ni Romulo ang kaso na isinampa ng UNIFORS. Si PNoy nasangkot pa.
Albeit the issue at hand was not exactly the racio decidendi in the case cited by Sax and Ellen, such cases are nonetheless applicable by parity of reasoning. I read Ellen’s column in Malaya and can hardly understand why she has passed judgment on this issue on the sole basis of one legal opinion. Seek a second legal opinion from legal scholars, Mam Ellen.