While everybody was busy with preparation for the 2010 elections, Maguindanao massacre, and Martial Law, two opportunists were able to wangle midnight appointments from Gloria Arroyo which will further undermine the country’s foreign service.
Last week, the 300-strong Union of Foreign Service Officers wrote Arroyo, through their president Vicky Bataclan, protesting the appointment of two Rep. Antonio Cuenco as ambassador to Italy and Ambassador Francisco Benedicto as ambassador to China.
Unifors said they have two fundamental concerns about the appointments of Cuenco and Benedicto, both Cebuanos:
“First, if ever the appointment of these persons is confirmed by the Commission on Appointments, the appointee will only be able to serve as ambassador for less than six months. Such duration in our view does not justify the additional expense for their deployment and transfer.
“Second, we share anew our considered view that the appointment of a person beyond the age of 65 violates both the clear letter and spirit of Sec. 23 of the Foreign Service Act.”
Last October, when Unifors blocked the appointment of Foreign Undersecretary for Migrant Affairs Esteban Conejos as permanent representative to the United Nations in Geneva, they pointed out the insensitivity of spending some US$70,000 for an appointee who will stay less than eight months in a post considering the financial severity that the country is going through after the recent typhoons that devastated large parts of the country and ruined thousands of lives.
Arroyo listened and they were thankful to her for recognizing the wisdom of their argument.
But the cases of Cuenco and Benedicto are much worse because if their appointments are confirmed by the CA on Wednesday, the earliest that they could assume their posts would be in February. There would only be five months left in the Arroyo administration.
It is assumed that the two would move heaven and earth to get a new appointment from the next administration (Cuenco has already said he is supporting Liberal party presidential bet Benigno Aquino, Jr.).
This is brazenness in several aspect. Brazen on the part of Arroyo to make midnight appointments instead of allowing her successor to have a free hand in the choice of his ambassadors. Brazen on the part of Cuenco and Benedicto in pushing for their appointment in the last six months of an outgoing administration.
The Unifors cited the age limitation that the Cuenco and Benedicto appointments would be violating. Sec. 23 of the Foreign Service Act (RA 7157) states that “All officers and employees of the Department who have reached the age of sixty-five (65) shall be compulsorily and automatically retired from the Service: Provided, however, That all incumbent non-career chiefs of mission who are seventy (70) years old and above shall continue to hold office until June 30, 1992 unless sooner removed by the appointing authority. “
Also, section 86 of the Implementing rules and regulations of RA7157 is very clear that “No foreign service officer, staff officer or employee who is over 62 years of age shall be considered for foreign assignment.”
Cuenco is 73 and Benedicto is 69 years old.
Benedicto was a businessman before he was tapped into the diplomatic service. He is nice person. Not so brilliant as a diplomat but he has had able support from career officers in his previous postings (Singapore, South Korea, Brazil, Canada). He is currently ambassador to India, a post which he has held for less than a year. What then is the rationale in transferring him to Beijing now?
China is one of the toughest assignments in foreign service. Currently, the ambassador there is the very competent Sonia Brady who has actually reached retirement age.
The business side of the relationship with China is ably handled by economic officers representatives from the Department of Trade and Investments. What’s important is a chief of mission that has deep policy background because he would be managing volatile issues like the Kalayaan/Spratlys Islands, Asian regional security, Korean Peninsula denuclearization and many more.
The Unifors asked Arroyo to reconsider the appointments of Cuenco and Benedicto and “ prioritize the appointment of career officials in the interest of maintaining professionalization of the foreign service and ensuring continuity of service.” For the country’s sake.
Grabe naman ‘yan.
‘Kakaawa na ang ating mga career professionals na napag-iiwanan dahil sa pambabalasubas ng nasa malakanyang gayundin ang mga appointees na walang kahihiyang sila pa mismo ang pinipilit isiksik ang mga sarili gayung wala naman silang karapatan.
Hindi na ba sila nagsasawa sa ganitong kalakaran?
Galing sa tonggreso, ngayon ay foreign service naman?
‘Kakapal talaga ang mga mukha ninyo!
Wala na nga kayong nagawang pinakinabangan ng inyong constituents, gusto n’yo pang sa ibayong dagat magkalat ng lagim?
Cuenco is 73 and Benedicto is 69 years old.
And they will be posted only for 5 months?
Gloria’s extraordinary and brazen disrespect for people, her astounding defiance for rules and regulations in place — just downright gobsmacking!
What makes Gloria, the brazen hussy believe that these two oldies are so indispensable to our foreign affairs relations that she appoints them despite the obvious?
The worst thing is that Cuenco and Benedicto, if they have any delicadeza at all left in their bones should not accept the appointment. They cannot be so dumb or thick-faced that they can’t realise thaty they are causing undue problems? Where is their sense of values? Their sense of what is right from wrong?
the age and being from cebu are not the issue. the issue is about who confirms all appointments by Arroyo.
take note of who is responsible to confirm and to consent? that would be The Commission on Appointments
take note of proportional representation.
this is a prejudice rule against the retirees. Appointments must be based around merit, skills, experience, eligibility and ability rather than age or seniority.
There are no clear rules that the Constitution say that all people over 62 or 65 must quit working and should automatically retire. If there’s such thing then this government is liable to litigation for discrimination.
Are you suggesting that RA7157 shall be amended? There must be a valid reason on age limit for Foreign Service officer. In the armed services, the mandatory age of retirement is 56 years old. The maximum retirement age for government and private sector is 65 years old under present law. Foreign Service should not a dumping ground for political appointees. This is not a constitutional issue.
Diego,
I’m not suggesting but basing from how it is worded,it’s obviously an oversight and lack of review from our legislators and law makers..
june of 1992? it’s no longer applicable.
and Arroyo’s appointment of the two “overage” with only 5 to 6 months left is a result of the weakness of this ACT. The next president will re-appoint again and spend all his energy and time for re-appointments of new people in office?
This will create a break in management and its goal. A new appointees will not only continue but may change his/her recommendations, change policies and procedures that may take months or years for positive result.
ang pinas, is like a roller coaster. one party recommends this or that and yet the very problem is poverty. As I have mentioned before , employment especially to the poorer sector of society must be supported with investments and the protection of such investments. if we keep fighting in Mindanao and we keep fighting one another because of political party, this country will not achieve one common goal. it will be hopeless.
yes the constitution is very old and it is very weak to support the goal of alleviating poverty. This is not about presidency. This is about the Senate. Look at most of them, They are old not in age but old in politics. old in terms of making decision , old in terms of creating legislations that stop corruption, alleviate povery, enhance national security. They are actually forming a dynasty. Arroyo was once and that exmaple encourage others to do the same. Be vigilant of everybody not just the president. She or He cannot do it alone. But we must.
It’s not the first time that career foreign service officers had been by-passed. It’s always been Gloria’s way of paying back her debt of gratitude however late in the day.
Cebu gave her million of votes by way of cheating over FPJ during the last election. So what else is new?
the age and being from cebu are not the issue.
I beg your pardon???!!
Obviously whether they hailed from Batanes or from Sulu should not be an issue. Couldn’t care less if they came from there but the age is, and should be an issue, question of retirement age, particularly for career officers who have toiled to get to the post only to be junked because someone older, perhaps, less qualified is being substituted, hence age should definitely an issue — part of rules. You break the rules then everything goes haywire…
When one breaks the rules, what happens to the next one in line?
well adebrux, tell the commission to revoke the appointment.
Republic ACT 9257= Section 5 is applicable to any senior retirees. That is their constitutional right and it must be clarified without prejudice.
who allowed her to break the rules? i think the answer is quite obvious.
About age..
Juan Ponce Enrile is 85 years old. Our Senate President. He also has a big role in the Commission of Appointment. Pimentel is also over his retirement age.
Ramos was the oldest person to become President of the Philippines at the age of 64. He was 70 years old when he became ex president.
If we have to review all of the members of the house , the executive departments and all the other government units, there are plenty of them over the age required.
Discrimination is a crime… we must be careful of our demands.
Payment is not complete yet. How can the deserving career service officers go up the ladder of foreign service when the president is morally corrupt.
Pwede ba na huwag na lang apruban ng CA ang apppointments ng dalawang matanda?! Nakakapagod ang mga isyu ni Gloria, same ol’ same ol’ undermining everyone Juan.
Asiandelight:
That’s the problem when we have our own interpretation of the law. The age of the diplomats for posting overseas is fixed as clearly defined in the IRR of RA 7157 which you have correctly pointed out. Unless that is amended, that remains in effect. Their appointments are illegal. The others that you have pointed out are without question, valid. That’s non-debatable even if we shout ourselves hoarse that it’s discriminatory. There is a rationale why they put a cap on age. Most probably it’s on the health aspect. It’s the law. Amend that law first.
Asian Delight,
who allowed her to break the rules? i think the answer is quite obvious
Well, certainly not me…
Republic ACT 9257= Section 5 is applicable to any senior retirees. That is their constitutional right and it must be clarified without prejudice.
You are aboslutely right that there should be no discrimination whatsoever — not because of age, gender, sex orientation, colour, height, weight, religion, etc… but has it occurred to you that the foreign civil servants who worked their asses out to get to where they are today, who took exams, passed exams after exams to try to reach the pinnacle of their career are now being discriminated upon because, I suspect, they don’t lick the ground Gloria walks on enough? That they are the ones being discriminated upon by these midnight appointees?
The people you mentionned who are way past retirement age are not foreign affairs civil service eligibles (whom we are talking about in this post) but are elected members of Congress and who by virtue of election can occupy posts in Congress even if they are already 250 years old or older, rules are therefore different, which is not at all the same for foreign service career people, i.e., rules not at all the same, for official foreign service civil service eligibles…
So, the Republic Act blurb you posted must not be confused with the internal rules that guide foreign service career diplomats, eligibles, etc.
And when you say, tell the commission to revoke the appointment., it would help you to know that this is the reason why we post in Ellen’s blog — short of being able to do it in person, posting at Ellen’s blog is a great way of getting all these relevant issues to the attention of members of Congress, idiots and non-idiots alike, because we know many of them read this blog…
The Government shall provided the following: 1. Employment
Senior citizens who have the capacity and desire to work, or be re-employed,And most imporatantly, it is essential to know that Gloria is NOT THE GOVERNMENT, hence, just because Gloria decided that Cuenco and Benedicto want to spend time sitting and sipping cocktails at the expense of govt and taxpayers, doesn’t mean that they should be employed by government, particularly when rules must be broken to accomodate these oldies!
Ooops,
Bit sloppy… hang on!
The Government shall provided the following: 1. Employment
Senior citizens who have the capacity and desire to work, or be re-employed…
And most imporatantly, it is essential to know that Gloria is NOT THE GOVERNMENT, hence, just because Gloria (who has no right substituting herself for govt) decided that Cuenco and Benedicto want to spend time sitting and sipping cocktails at the expense of govt and taxpayers, doesn’t mean that they should be employed by government, particularly when rules must be broken to accomodate these oldies!
And the issue here is Gloria’s midnight appointments — why UNIFFORS is protesting, a worthwhile issue that must be raised and discussed and of course, supported because Gloria is clearly breaking the rules.
Cuenco and Benedicto must back off… they have no business taking away jobs from worthwhile and meritorious foreign service eligibles — and for what? 5 months!!! just because they lick Gloria’s asses best!
Quelle merde!
I meant Gloria’s fat ass (but plural for fake boobs!)
Question that Gloria must be made to answer:
What makes Cuenco and Benedicto, 69 & 73 respectively, so indispensable to the nation’s foreign service and foreign relations that they should be appointed by Gloria even for 5 months?
What foreign service qualifications, experiences, eligibility, etc etc do they possess that other career diplomats do not? Will serving the nation at huge expense produce the most fabulous result for the nation in terms of diplomacy that rules must be broken to accomodate them?
“every Juan”…I’m already so tired of Gloria’s kababuyan, puro typo errors ang poste ko.
Cuenco and Benedicto wont’ withdraw. Ala e, Italy and China ang pwestos.
For Cuenco, clealy a payment for a million Cebuano votes, Hello Garci.
For Benedicto, ah…businessman pala dati. Baka naniningil din sa suporta.
Whoever will be the next Pinas president must make the foreign service issues/problems as one of his priorities. Kawawa naman sila na career service officials, even if they beg for the positions they so deserved no can do pa rin kay Goyang at Berto. Dapat maglagay dyan ng magaling at objective na DOF head, one who will set things straight there and fight for the rights of the CSOs.
Chi,
Talagang binababoy ang Pilipinas… buti pa ang mga tunay na baboy may dignidad, hindi nang bababoy ng kapwa. Itong mga baboy sa Malacanang, mga ganid…
Pati si Cuenco and Benedicto nang bababoy… if they accept the appointment, they are no better than Gloria the vulture!
Cuenco and Benedicto lobbied hard, as in very hard, for this appointment. They know they might not get it under the new administration. Sheer opportunism.
What is important for them is to get the post, and occupy it hoping that the next adminstration, to save on expenses, would just let them be for the next, at least, three years.
What a disservice to foreign service and to the country.
Asian Delight:About age..
Juan Ponce Enrile is 85 years old. Our Senate President. He also has a big role in the Commission of Appointment. Pimentel is also over his retirement age.
As correctly pointed out by Anna, these two are elected officials, not appointed. Different rules apply.
hi ellen,
yes they are elected officials. in other words appointed or selected by the people to represent in behalf of us to verify , to approve, to deny, to revoke, to amend the laws and to consent Gloria’s decision making. if the senate and the house cannot clarify the rules, any president can easily abuse his/her power and the rest will follow.
yes different rules apply. I can interpret it as not “equal opportunity”
Unifors must then demand not only from Gloria but also to all members of the Commission of Appointment. Unifors First concern was legitimate and acceptable. The second concern may be interpreted as prejudice ( as i have explained) but positively we can conclude that our laws are somewhat flawed.
On health issue concern for the oldies, regulatory board such as physical examination must be required for fitness but this regulations/requirements were not worded properly nor included in RA 5157.
Asian Delight:Unifors must then demand not only from Gloria but also to all members of the Commission of Appointment.
Unifors furnished the CA the letter it sent to Gloria Arroyo. CA will meet on Wednesday.
Cuenco might just want to see Italy from corner to corner free, meron pang allowance, hehehe.
As to Benedicto, he’s a businessman and might want to expand/create some business in China which is the world’s economic leader now. Ayaw na niya sa India kasi mahina dun ang negosyo except in the technology field na hindi naman niya basta ma-penetrate if he has no millions of $$$$$$.
Ang oldies na ito, hindi na lang ipamana sa mga young, vibrant, honest and hard- working CFOs ang foreign service. Ang gagarapal!
adebrux,
you are correct on internal rules to guide qualifications of who is eligible or not. I am not envisioning politicians who spend their lives in a career laughably described as “public servants”. Yes , there should be age limit not only in the executive departments but to all levels of governments but it must be clearly define. Many have outlived their usefulness not because of their age but just plainly corrupt.
I don’t know cuenco nor benedicto so I can’t guesstimate that their skills cannot be transferred. Their desire for a higher position is their personal or professional choice.
so it’s legal to keep a young politician who is corrupt? the senate and the house can therefore deny their positions but they cannot impeach a corrupt president?
yup internal rules are different. poor cuenco and benedicto.
14 December 2009
It has been on-going ever since. However, the UNIFORS might deem it necessary to emend RA7157 (Foreign Service Act of 1991) to reduce the number of Politcal appointees in the Foreign Service.
True, it is very demeaning on the part of career officers in the foreign service. However and unless amended to reduce the number of political appointees, nothing will happen.
They are correct to go against the appointees who are appointed to serve in the Philippine foreign service less than one year, unless they are career officers.
However, the difference between the political appointees and career officials are one is appointed from the outside and the career officials are appointed from the inside. But both are all “political appointees”.
On the other hand, it is best also if the DFA can also take a look at the situation of the rank and file from within, there are those who are given permanent items without serving the required residency in the DFA before they are given permanent status. Worse, they are also jumping on the other rank and file by two or three steps, while most have served the DFA for more than two years before they given a rank of FSSE III the lowest rank in the DFA.
One good example is when Sen. Villar threatened the DFA if one of her niece named Katherine Villar was not given the rank of an FSSO even when she has not served the DFA for more than one year. For your information FSSO IV is given to DFA employee who have served the Department for many years and serve with meritously.
The odd thing is katherine villar was given her permanent status and assignment when she was already in the USA. It seem she ready knows about it and was ready to assume her assignment in San Francisco.
The sad thing is katherine villar was given an assignment to San Francisco simultaneous with her appointment as permanent status with the rank of FSSO IV.
It is about time that rank and file and UNIFORs shoud close in the ranks and put a stop to this illegal activities.
This I say to the next Secretary of the DFA to study the amendement in the foreign service act of 1991.
And to the UNIFFORS, when RA 7157 was enacted into law, nobody among your peers even raise a howl about it and now you are complaining. It is time to amend RA7157!!!!!!!
prans
Foreign Service graduates are no different to Mass Communications (Journalists) who are constantly blindsided by how this country treats it’s own supposed-to-be deserving educated citizens. The government would rather hire their own puppies, likewise to newsmedia outlets especially in the confines of television where looks and skinned-whitened species weigh more than talents and education.
Hay Apo, what a life……………
Square pegs in round holes. Why didn’t Gloria appoint Cuenco as Remonde’s replacement instead? He is more qualified in that position being a former journalist an eloquent speaker, with a very polished New Yawk accent.
ang sabi seguro ni gloria…sorry folks..i am your president and i have all the power..don’t i? what am i in power for!
nakita pa ninyo ang picture niya as she left the hospital? naka ngisi from ear to ear!
Asian delight,
Their desire for a higher position is their personal or professional choice.
I do hope it’s their choice and not someone else’s choice — would seem a bit skewed if someone else were doing the choosing for them. That said, I’m pretty sure you will agree with me that they can aspire to be president if they want to or UN Secretary Gen if they can do it, or just about do whatever they please with themselves provided they play by the rules, i.e. foreign service rules (which is what we all expect of “professionals”).
Again, before we go in all sorts of direction, let’s stop and re-focus the topic (the blog’s): the issue is whether or not Gloria should break foreign service rules to accomodate these two individuals. My answer is a categorical NO.
so it’s legal to keep a young politician who is corrupt? You asking me?
poor cuenco and benedicto. No need to worry your little head about them — they are delightfully wealthy in their own right, and am pretty sure they wouldn’t take kindly to being labeled “poor”.
that is exactly the job description of the Commission. If the commission denies the two, it’s up to the two if they would like to challenge the court They can apply their constitutional rights as I have mentioned above. Both are not bedridden. Neither is physically or mentally incapacitated ???
Just think of John McCain, Senator Enrile, Pimentel and many more. Yes its true that it’s mandatory to retire at a certain age. Typically, mandatory retirement is justified by the argument that certain occupations are either too dangerous (military personnel) or require high levels of physical and mental skill (airline pilots). However, since the age at which retirement is mandated is often somewhat arbitrary and not based upon an actual physical evaluation of an individual person. Many view the practice as a form of age discrimination.
With this arguments, many countries legislated laws such as “Equal Employment Opportunity Commission” and “Age Discrimination in Employment Act”
The Foreign Service ACT requires a review. A health issue guidelines must be clearly define. Not just retire at 70… that’s very discriminatory.
The positive side of this discussion, is awareness of the rule of law.
I guess it is legal to keep a corrupt politician than an oldies.
section 23 of the foreign service ACT is a Provision. A provision can have many interpretation. It is not a be all or it all. A provision can be a measure or other means for meeting a need. I can interpret it as not the only requirement.
ON Sec. 53. Disqualifications.— The following circumstances shall disqualify any officer or employee from being considered for assignment abroad or promotion:
(a) Pending criminal case with the Sandiganbayan;
.chan robles virtual law library
(b) Lack of required length of service as foreign service officer, as embodied under Section 27, Part A, Title III of this Act, except those who enjoyed merit promotion;
(c) Below “very satisfactory” rating covering the six-month period immediately before the deliberations for assignments or promotions are held; and
(d) Seeking political interference for his promotion/assignment which weakens the principles of the foreign service.
It should add circumstances such as poor health issue or age 70… para tapos.
adebrux.. nagkwentohan lang tayo. don’t take me seriously. lol