I read that in the training of members of the Aquino cabinet on how to deal with media, public relations practitioner Carol Espiritu stressed the importance of credibility.
How does one achieve credibility? By telling the truth.
Never lie to media. You may be able to get away with it for a few hours or a day but it would be discovered later on. You can’t fool all the people all the time.
That’s what happened in the press conference of Foreign Secretary Alberto Romulo last Wednesday. He cited two cases as legal justification for his recommendation to extend for three months the stay of 21 political ambassadors of Gloria Arroyo : Mendoza vs Quisumbing, 186 DCRA110 and Topacio vs Angeles, 76 Phil 12.
The quote was “When a public office is place on a hold-over status, it means that his term has expired or his services terminated but he should continue his office until his successor is appointed or chosen and has qualified.”
Romulo probably has been used to members of the DFA press corps who swallow hook, line and sinker his pronouncements. But for some of us who have covered the foreign affairs beat and have written a lot of articles about the Foreign Service Act, know that that provision does not apply for the issue at hand because the foreign service is governed by the Foreign Service Act.
Why didn’t he cite from the Foreign Service Act? Because there is none.
A lawyer in my blog, SaxnViolins, checked the cases cited by Romulo and found out that the first one involved employees of the Department of Education, Culture and Sports. The other, I understand, involves members of the board of a government corporation.
SnV said: “In the case of Mendoza, the Supreme Court held: A typical provision in all these challenged executive orders is the “hold-over” status of every single employee of the departments as a result of the implementation of the reorganization. One such provision would be section 24 of Executive Order No. 117 reorganizing the DECS.
“In the case of Topacio Nueno, the law allowing hold-overs states: Election for the members of the Board shall be held on the date of the general trienial election, and elected members shall take office on the sixteenth day of October next following their election, upon qualifying, and shall hold office until their successors are elected and qualified.”
SNV said, “Clearly, the President cannot declare hold-overs. Hold-overs are allowed if enabled by law.” This jibes with what we have been saying that the extension is illegal because the President has no power to extend the appointment made by his predecessor that has already been terminated. There was nothing to extend. Therefore, the stay of those 21 ambassadors in their posts after noon of June 30, 2010 is illegal.
We learned that Wednesday morning, before the presscon, members of Romulo’s staff were scrambling for legal justifications because they were expecting the question. That was all that they could come up with. Nothing from the Foreign Service Act.
By giving that provision that he knew (if he didn’t know, that’s worse) was not applicable to the case being discussed, he was lying to media. That’s a violation of the cardinal rule in media relations.
Another tip to cabinet members on dealing with media: don’t ignore media queries. Respond to calls.
My fellow reporters and I were comparing notes about our problems with Aquino’s officials in the first two weeks of his presidency and we have one common complaint: Presidential Spokesman Edwin Lacierda ignored our calls and text queries.
Maybe the number of calls that Lacierda got was overwhelming, he just couldn’t cope with them without a deputy spokesman. Or maybe, he decided to be selective which calls and queries he would answer.
Lacierda should realize that if a reporter calls or texts him, it’s not a social act. They are not doing it because they are his fans or they want to have a tete`-a-tete with him. They are calling him because they need information. Trabaho lang.
They should learn from U.S embassy spokespersons who never ignore calls. They may not give you answers to your queries but they respond. That way, they know what issues and concerns they need to address.
Government officials are mistaken if they think that if they don’t answer, the reporters won’t write the story. Wrong. We will write the story without the government side . Government then loses by default.
Aha, nakapasok din!
Government officials are mistaken if they think that if they don’t answer, the reporters won’t write the story. Wrong. We will write the story without the government side . Government then loses by default. – Ellen
Pwede bang si MLQ3 ay ipalit kay Lacierda? Seriously, Lacierda can be tapped for another job, one that has use for his expertise.
If Lacierda and other officials of the new admin will continue on ignoring the calls/inquiries of the media/press, it’s Noynoy’s image that’s on the chopping board not theirs. Or, study and learn fast the how-to’s of responding right to media queries.
On the other hand, kung bastos and member ng media, he/she won’t be tolerated by others naman at kita kaagad sya ng publiko. So, huwag matakot sumagot, Lacierda.
Lacierda’s attitude: It’s no longer election time; we are already the power and we don’t need to answer and explain ourselves anymore.
Magpahinog kayo.
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.
Now, that Manolo has been muscled out of contention in the comm group, the suggestion of chi is very relevant. Manolo has in fact been feeding PNoy’s camp with protocol matters from day one, especially on the turnover and oath-taking. He is well-liked by many in the media. Edwin obviously is uncomfortable wearing the goody-goody hat and the lawyer in him takes over when cornered.
By “legal scholars”, you mean like those justices in the Supreme Court who allowed Gloria’s appointment of Corona when it was clearly deemed illegal?
#5 Any Supreme Court ruling, right or wrong, becomes the law of the land. That’s how our constitutional law works. I didn’t agree with the “de Castro doctrine” but I did accept it because of the same reason. If you don’t like this system, then run for the next Concon and propose the contrary view.
Don’t worry, Lito B. If P Noy does not withdraw the illegal extension, this would be brought to court. UNIFORS is exhausting all administrative remedies.
Lito B:
In earlier threads, I maintained that in hold-over cases, the Supreme Court found the basis for hold-over in the law. In the case of Mendoza, the EO of Cory said so, as follows:
In the case of Topacio Nueno, the law states:
There is nothing in the two cited cases that provides for hold-overs by mere Presidential fiat. The hold-over doctrine that baycas mentioned in past threads, is based on common law, in the US, founded on principles of equity and fair dealing. Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes.
But the Philippines is not a commons law country, and as my hero JBL stated, “equity follows the law”. Where there are express provisions of law, principles of equity yield to the express provisions of law.
In the Foreign Service Act, in Section 9, there is a provision for hold-over of ASECs until June 30, 1992. The inclusion of hold-over by express provision indicates that Congress communicatd its desire to allow hold-overs by only express grant. There can, therefore, be no application of the doctrine quoted by baycas, that where the law is silent, it is neither prohibited nor allowed. In this case, the law is not silent.
The inclusion of only ASECs, and with a sunset dated of June 30, 1992, indicates two things – (1) that the law allows hold-overs only for that position, and (2) that the law allows said holdovers for a limited time.
Oops, konting edit. I meant common law, not commons law.
sunset date of June 30, 1992, not dated.
Sana katulad ng ibang discussion sites, where you can preview your comment before posting. Then again, that is an IT issue.
There is also a practical reason and benefit for making the ambassadors come home. If Noy does not reappoint them, uuwi rin naman yan. If Noy does reappoint them, uuwi pa rin, to be confirmed. So better to come home now, and let the charges d’affaires take over until reconfirmation.
So Noy should pick his fights. This is not worth going to the Supreme Court, to risk a reversal, too early in the game.
From a tactical viewpoint, may benefit din sa ambassador. If they come home, puwedeng kumonek, gumapang, or whatever euphemism you want to employ, para ma-reappoint. You can talk to Ballsy or Kris here – something you cannot do while abroad.
I believe I will maintain my position that the Philippine Foreign Service Act is silent on the allowed holdover status of the non-career ambassadors. The law only allowed an ASEC for holdover capacity.
This Holdover Rule wherein:
The Philippine Foreign Service Act is silent and yet the Holdover Doctrine is still prohibited. Why?
It is because there is, in the past and still in the present, an IMPLIED PROHIBITION to such holdover status by non-career ambassadors.
Non-career ambassadors are governed specifically by 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…
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 of the E.O. 297…
This application is already exemplified by this Supreme Court decision:
Non-career ambassadors are considered Non-Career Service officers according to G.R. No. 88183, October 3, 1990):
And so, the law FIXES a specific date for the end of the term…
In the case of the Non-Career Ambassadors, COTERMINOUS with that of the appointing authority as stipulated in the Civil Service Law on Non-Career Service and as instructed in the Administrative Code of 1987 (E.O. 297).
The positions of those “lucky” 21 non-career ambassadors are already deemed VACANT since June 30, 2010. Since their holdover status is impliedly prohibited by the Holdover Doctrine Rule (as supplied above), those “lucky” 21 non-career ambassadors are already in violation of Art 237 of the Revised Penal Code.
This penalizes any public officer who shall continue to exercise the duties and powers of his office beyond the period provided by law:
Non-career ambassadors are ALSO governed specifically by the Civil Service Law…
These things are purely political and all those political appointees are co-terminus of the appointing authority. Gloria is gone but her ambassadors were extended and two opposing thoughts about the legality of the extension now looms and maybe giving Noynoy some headache and stomach trouble.
In political cases, the right or wrong of an act or a decision lies in the eye of the beholder. It usually depends on what side of the polical fence you are stabled. That is toeing the party line. It maybe that what you are saying now is different on what you say if you are on the other side.
There are precedents in this case. It happened before but it does not mean it’s the right thing to do now. It’s just that nobody contested it. Maybe it’s best to wait for a court decision about the legality or illegality of the government action. We’ll soon find out if it goes this far.
i stand corrected…it should be E.O. 292…
from Chan Robles Virtual Library:
Executive Order No. 292
July 25, 1987
The Administrative Code of 1987
INSTITUTING THE “ADMINISTRATIVE CODE OF 1987”
ambassadors are supposed to be men /women of goodwill well versed in propriety , delicadeza, protocol, decency and diplomacy.
albeit in case of doubt, they should put nation’s interest above their own.
i agree with SNV #10: “So better to come home now, and let the charges d’affaires take over ….”
may i add, ambassadors should choose to be part of the solution and not be part of the problem, their actions now will define their character
over at this thread: http://www.ellentordesillas.com/?p=11879,
i got curious and, as events are unfolding to me, i commented (no. 46 post) and it reads:
i believe i found an answer to my question, i.e.,
Presidential Decree No. 807, Civil Service Decree of the Philippines, as applied to the non-career ambassadors, prohibits the Holdover Doctrine.
—–
to test my layman understanding of the whole case:
Why is the Republic Act No. 7157, “Philippine Foreign Service Act of 1991” (An Act Revising Republic Act No. 708, As Amended), silent on the holdover post of a non-career ambassador?
It’s because he/she is COTERMINOUS with that of the appointing authority and such holdover status being given by the new appointing authority is contrary to the law that fixes his/her term.
Simply put, the Holdover Doctrine defies the Civil Service Law!
Kaya nagka windang-windang, pinili ni PNoy na i-retain si Romulo as DFA secretary. Kung binakante muna ng ilang araw katulad ng ginawa sa DILG, walang magagawa yung mga co-terminus at political appointees kundi umuwi na. Like what few ambassadors did before PNoy assumed office. Matatalino naman ang mga yan, kahit sino pa ang manalong presidente, they are fully aware of the terms of their appointment papers and they have to go. Ang dahilan ni Romulo na they’re winding up their business within 3 months is pure bullshit. Mga wala talagang delicadeza.
Eto ngayon. I was told Senga, former AFP chief who jailed the 28 officers who questioned Arroyo’s legitimacy after Hello Garci tapes was exposed, was rewarded by Gloria ambassador to Iran was one of theose who came home before June 30, 2010.
Eto ngayon. After Romulo issued that order fopr three moths to pack up etc, went back to Iran.
Oo nga naman may three months pang bakasyon. Kahit Teheran yan, ambassador ka pa rin.
I won’t be surpised of all these Arroyo ambassadors will be appointed again because they are Romulo’s base of support. He will have to work for their retention.
Anyone with one eye and half a brain realizes that neither of these Ambassadors will just simply quit their jobs without a fight,Why should they? The longer they are in office the more power they accumulate. With this power comes the “perks” of the position…special interest groups throwing money at them,trips to exotic locations for themselves and their families, name recognition that makes it nearly impossible for them to vacate their office and the belief that they are the ruling elite and deserve to be treated like royalty. Also, the high salary, automatic raises, full retirement pay , and immunity to the laws for the rest of us make this a very desirable position to hold on to. No, there is no way these people will ever have the self-discipline and delicadeza.
These people will not listen,they do not care what the average Filipino citizen has to say. We’re not important enough to listen to.If only a few of us show up in the gate of malacanang to protest their policies we are ignored. But let Kris,Boy Abunda or Manny show up and these people are allowed to speak on every television station and address these problem like a head of state. It goes without saying that lobbyists with their pockets full of campaign cash have the ear of the government. Why is this? Why can these few have a voice worth listening to when millions of intelligent and patriotic voters are treated like wallpaper? In my opinion it is because we have allowed our attitude and perspective of who is really important to our country become turned upside down.
So, is there anything we can do to change this? I say ABSOLUTELY!
WE need to show Pnoy that we are the BOSS. These officials are hired to SERVE us. KAYA SUGOD NA MGA KAFATED!Kalampagin na ang Kaldero…
cocoy, tutuluyan na yata ng Unifors sa korte si Romulo. Baka ito lang ang hinihintay ni PNoy dahil hindi nya basta masipa si ankol Berto.
To summarize the case of the overstaying “Lucky 21 + 1,” three conditions are offered to give a clearer picture:
1. Reappointment? No, because the overstaying ambassadors should go home first for confirmation (Foreign Service Act).
2. Extension? No, because their posts are already deemed vacant (Civil Service Law*) and there is no expressed provision for an extension (Foreign Service Act).
3. Holdover? No, because the term/tenure of the non-career ambassadors are fixed by law, i.e., to end with the appointing authority (Civil Service Law*) and holdover status for non-career ambassadors is not expressly provided (Foreign Service Act).
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*Some rulings in G.R. No. 88183 of October 3, 1990 are invoked as to the application of the Civil Service Law
Thanks, Baycas for the summary. It’s easier to understand and understandable.
Other reporters writing about this issue should read you and SNVs inputs. Don’t you notice in news reports, the reportes swallow unquestioningly the Romulo’s pambobola?
I will be meeting some officials on this. I will collate your and SNV’s inputs and give it to them. Service to the Filipino people.
From Ernie S. Caballa:
Keep it up Ms Ellen. You, the journalists, the easy prey, are the only voices of the poor. Without you guys more government hocus focus will be hidden beneath that dirty rug.
If Mr. Noy is really geared on cleaning up corruption, he should pick new faces to help him run the country, not those same dogs. Holly cow, why in the world would he keep Romulo and Davide, whose reputations are tarnished?
I hope I’m wrong, but I think Noynoy does not have the backbone to do the cleaning. Don’t get me wrong. I like him better than the others, but I think he is weak. Again, I pray I’m wrong.
I read the plight of the poor journalists back there and it’s pathetic you don’t get help from the government.
Ernie, okay lang kami.
The only help we need from the government is freedom of information. They should not block access to truth. Yan lang ang hinihingi namin.
There’s a fourth one, btw…
4. Recess appointment? No.
I think this is “stretching a bit” the power of the President. Besides, no recess yet to speak of because the present Congress hasn’t convened yet!
You’re most welcome, Ma’am Ellen.
Authorities are almost unanimous that one who continues with the discharge of the functions of an office after the expiration of his or her legal term––no successor having, in the meantime, been appointed or chosen––is commonly regarded as a de facto officer, even where no provision is made by law for his holding over and there is nothing to indicate the contrary. By fiction of law, the acts of such de facto officer are considered valid and effective. (Seneres vs. Comelec, G.R. No. 178678, 16 April 2009)
Seneres vs. Comelec, G.R. No. 178678, 16 April 2009 IS OFF TARGET Lito B.
http://sc.judiciary.gov.ph/jurisprudence/2009/april2009/178678.htm
Agreed. De facto. But does Noy wish to settle for mere de facto status of his envoys? Didn’t we have a de facto president for nine years?
Mukhang paatras nang paatras ata. First, they say there is basis in law, di pa-quote-quote pa ng SCRA. Now, atras ng konti, de facto na lang.
Noy was elected on a will do basis. Walang mapili, sabi ng isang poster dito. Siya lang ang malinis, so he will do. ;despite the issues by others (me included), about underperformance at the legislature.
Ano? Will do na lang ba as President? I was hoping to be proven wrong – that he will rise to the office, like Harry Truman. That is what the official family should do, make the principal shine.
Seneres vs. Comelec, G.R. No. 178678, 16 April 2009 IS OFF TARGET Lito B.
The facts of Seneres vs. Comelec is entirely different from the extendee political ambassadors. I doubt its applicability.
There is one case that did not apply the de facto ruling; when the Supreme Court protected their own. That is the case of Zaldivar v Raul Gon (G.R. Nos. 79690-707 April 27, 1988).
The case was already at the Sandiganbayan then, but the Supreme Court restrained both the Ombudsman and the Sandigan. Raul was then the de facto Ombudsman, and the trial court had already taken cognizance of the graft case against Zaldivar.
“Mukhang paatras nang paatras ata. First, they say there is basis in law, di pa-quote-quote pa ng SCRA. Now, atras ng konti, de facto na lang.”
Maliwanag na hindi pinag-isipan ito, kaya kumakawag-kawag para humanap ng justification.
Cut your losses na lang damn it, including Romulo. Covering up is a waste of time. Parang Memo 1 or 1a yan, the sooner admitted, the sooner that the administration can move on, and face worthier tasks.
Bottom line, blooper number 2 – retention of Romulo.
@romyman
I don’t think this is off target. No less than CJ Panganiban advanced the view in his column in DPI last 14 March 2010 that Seneres vs. Comelec could be used as a precedent to justify GMA’s continued stay in power on holdover capacity in the event of failure of election.
Sax, I am not working for the gov’t. I am just an OFW who wants to present the opposite side of your legal opinion. I agree with you, Romulo’s lawyers did not do their homework well.
Lito B:
When I said “cut your losses”, I meant the admin, not you personally.
With respect to Seneres,and your post # 33, I disagree with Panganiban here, because the Constitution fixes the term. Again, hold-overs are found in the provisions of the law, like the case of Mendoza and Topacio Nueno earlier discussed.
In fact, the hold-over of GMA whose term shall have ended, is more tenuous than the ascension of an elected Senate President. He says the Senate is not complete, because it lost half. But at least there is a half. There is not even a half-day in the term of GMA., for her to hold-over
But employing his logic, that only applies when there is failure of elections, or failure of the system to provide for a replacement. There is no failure here, because the law allows the charge d’ affaires to discharge the functions of the ambassador. Also, the President can just proceed to make appointments.
If this is done merely to buy time, to allow the President to choose his ambassadors, I believe it is not necessary considering the availability of the charges d’ affaires.
Instead of spending energy defending Romulo’s actions, the official family could better expend that energy vetting ambassadors to appoint.
Kaya ako, Ellen, dito lang nagbabasa, marami pa akong natututunan. Naiinis na ako na magbasa sa mga reports na kinokopya pati comma ng press release ni Berto.
With baycas and atty sax, palagay ko ay mas marunong na ako kay Berto when it comes to this controversial issue. 🙂
This constant counting of bloopers is getting to be irritating, albeit counterproductive.
Even from a personal point of view you don’t reveal everything to everyone, there is no person/organization that is totally honest as there are things that must be kept confidential (for some reason or another) and there is a matter of space…
I hope that Ellen’s “losing by default” doesn’t mean that the media must constantly battle with the government and that someone must “lose” as this is not the result we want to have.
Although this is what we get for asking for democracy, not everybody wants too much of it, some of us want order, discipline, and the decency of knowing when to speak out and when to be quiet for the sake of the whole.
If the present leadership doesn’t want to answer certain issues, allow them this discretion, as long as it doesn’t mean life and death…its not too bad really…there are more urgent matters to focus on other than Romulo, etc. There are children going hungry even as we blog, people living in the streets, sick people who just die because they have no money for medicine – aren’t these issues more urgent and need our energies and resources more than watching, with baited breath for bloopers?
Its enough to get the attention of the powers that be on these issues but are these issues really worth the effort? What is the end game for this? Discrediting the administration? Would making someone look stupid make us look smarter?
I believe the die has been cast, we’re going to see a conclusion to this one way or another…
Some corners are saying that Aquino is weak thats why all this is happening, that he should be more like Marcos or even Arroyo who had the guts to slap everyone around, put everybody in their place starting with the media so that everyone can focus on their work. Is this what we want?
Who benefits if this administration fails? Does the saying “don’t worry, we’ve got this” mean anything at all?
But employing his logic, that only applies when there is failure of elections, or failure of the system to provide for a replacement. There is no failure here, because the law allows the charge d’ affaires to discharge the functions of the ambassador. Also, the President can just proceed to make appointments.
————————————
Assuming that he can, why should he? What if that is not his decision? What is he has other plans? Are you advocating for another coup or standoff?
There is a time to speak, a time to fight, and a time to say enough…and give these people some room to maneuver…
Unless there is some massive stealing of people’s money, murder, etc…we’re still better off focusing on our work and responsibilities and be productive members of society…of course, if our job description is to bring down each administration, then so be it, and be more aggressive next time, look for weaknesses and exploit them, make them lose their focus and bait them to expend resources so they would be exposed to what they really are – inept and should not have been chosen, and show to the millions of people who voted for them, bitch slap them with an in-your-face “you made a stupid mistake!” you should have voted for ________ (fill in the blanks with your manok’s name).
Sorry to irritate you jug, but two cannot be considered “constant”. If it irritates you, just ignore it, or don’t read this blog.
Counter-productive? How can righting a wrong be counterproductive?
We are not trying to discredit Noy. We are pointing out that it is not worth keeping Romulo.
Do not put words into our mouths. We are not trying to make anybody look stupid, we are just saying there is no basis in law for Romulo’s actions. I do not see where talking about the law can be read as trying to make one look stupid.
Had we been engineers and we were discussing strength of material, etc., would my pointing out that my colleague’s calculations are incorrect be considered trying to make him look stupid? Or is it par for the course, as far as safety of buildings?
When a subordinate errs egregiously, it disbenefits the Boss. Similarly, if a subordinate performs superbly, like Paeng Salas in the time of Macoy, then it benefits the Boss.
Precisely the point for pointing out what apparently are errors, so that the administration will not fail.
If a guy crossing the street in London fails to look to the right first, before the left, do we wait until he is run over because we do not want to make him look stupid? Or do we say “watch out, pare you are in London, baliktad ang traffic dito”?
Because he will have to, anyway, after three months. So this is just prolonging the inevitable.
No. I am just advocating that the charge d’ affaires be allowed to perform the functions, as allowed by law, and that the administration focuse instead on vetting the President’s appointees to be.
Coup? Masyado namang dramatic yang comment mo.
— Sax
Absolutely! Romulo is not the government, let alone the State. He’s causing undue embarassment to his president. He must go.
Jug, in a world-class corporation or in a private enterprise of certain size, an employee who insists on embarassing his chairman and by extension, the company, is liable to be dismissed. All it takes is for a couple of executives working in that company to show cause and the guy is gone.
I want to help the President, by pointing out errors, and suggesting a different course of action – let the charges d’ affaires take over.
If you think that is not helpful, nor constructive, so be it. I have no intention of convincing you otherwise. But the comments I make here are purely for academic discussion, in the same way that guys on geek blogs talk about better ways to encode a program (software); and incidentally, for the info of the official family, if they deign to read posts on Ellen’s blog.
The above is the true intent of all my posts, not to make somebody look stupid, like you surmise.
snv,
I stand corrected…if thats the position you are taking, I support it…
I respect the opinion of others that the extension is illegal. However, I do not think such extension is illegal. I am of the view that these ambassadors are de facto officers and may continue with the discharge of their functions until their successors are appointed by the President. Their being a de facto officers require no presidential fiat or enabling law. This is what the Supreme Court held in Seneres vs. Comelec, citing Topacio vs. Ong and other jurisprudence.
Only the court of law can determine what is legal and what is not. Until this issue is judicially settled, the extension is presumed regular and that no one can claim with absolute certainty and authority that the extension of the ambassadors is illegal. And no one can also claim that he or she is righting a wrong because what is wrong to him or her may be right to others
Lito B:
Tama ka diyan. Kahit nga SC decisions narereverse din. Remember the midnight appointment of CJ Corona? So, until and unless this is settled in a court of law, nothing is illegal as of yet. But I agree, palitan na yang si Romulo. Nakakaasar pagmumukha. Nagpupumilit pa maging jologs e wrangler naman. Baka kumukuha lang ng tiyempo si Aquino at papalitan na rin yan. 🙂
Basta, there’s no arguing that Romulo is inept, inutile and incompetent. Baka nga pakawala pa yan ni Gloria. Kahihiyan lang ang dala niya kay PNoy!
Nabanggit ko sa previousn post ko, baka nga ang demanda lang ng Unifors ang hinihintay na lusot ni Noynoy. Sigehan na at ng makita.
The case to be filed by Unifors is an exercise in futility because this controversy will cease to exist by September 2010.
as i pointed out in this thread (comment nos. 38-42):
http://www.ellentordesillas.com/?p=11912 ,
former doj sec agra already introduced the De Facto Doctrine as to compensation for services rendered by the non-career ambassadors who were probably in effect de facto public officers now.
still, agra was being careful when he said, “The legal opinion is not about that holdover or extension of term. It’s about emoluments in case they continue to render their services and if it’s not in bad faith.”
somehow one (like a dilg asec opined re: a governor last year) may give a “semblance of authority” for those ambassadors to be considered in holdover capacity.
well, it’s up to the lawyers to challenge such doctrine (as well as the applicability of the Holdover Doctrine) if need be. suffice to say (as i’ve said before)…
parang wala pa akong mahanap na justification. maganda nga yatang test case ito sa husgado. sundan…
N.B., both doctrines are expounded in these files on the Law on Public Officers at scribddotcom:
23671401/UP-2008-Barops-Public-Officers-2007
17150173/Nachura-Notes-Public-Officers
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@comment #48 by Lito B.,
“ACCORDINGLY, the Court resolved to DISMISS the instant petition for being cute and epidemic.”
Friends close with the Aquino administrations have asked me, “Tulungan naman natin si Noynoy. Tulungan naman natin si Jojo.”
I replied to them, “I’m doing that by pointing out their mistakes this early so they can correct it.”
It was so painful to me listening to Noynoy say in his first press conference saying that the reason he extended the ambassadors for three months was because the Commission on Appointments still has to convene.
I was with a foreign diplomat when we were watching the news and we were both aghast by the misinformation that was fed to him.
The Commission on Appointments does not play in this issue of extension of the terms on political ambassadors. The CA comes only after an appointment of an ambassador. After CA the government asks for an agrement. Only after an agrement hs been granted by the host country can an ambassador designate got to the host country to present his credentials. Only then can he assume his post.
Arroyo’s political ambassadors are overstaying in their posts!
I do not fault anybody, not even P-Noy, not to know everything. That’s why he has cabinet members. That’s why he has advisers.
Do you support and condone advisers who give wrong and bad advise to PNoy?
Jug, Henry, the reason why I write about foreign affairs because that’s one of the topics I believe I can be of help to the public because I’m familiar with the topic because I’ve covered the foreign affairs beat for many years.
As a journalist, my job is to inform the people the truth to help them make informed decisions.
That’s why I’m dismayed of journalists who do not learn about their beat and give inaccurate reports.
A journalist’s job is to give clear and accurate information. Not to misled and be an agent of lies as some government officials make them do.
I do not write much about business because I’m not knowledgeable enough about happenings there to be able to write about it. I don’t write about fashion because I’m not familiar with that field.
I’m not an expert on foreign relations and with the public, I try to learn more about it so I can be of use with my countrymen in learning the truth about our government. It’s a topic that is important in our country’s development.
“I hope that Ellen’s “losing by default” doesn’t mean that the media must constantly battle with the government and that someone must “lose” as this is not the result we want to have.”- Jug
Jug, please read my column carefully. I said that by ignoring calls and not answering queries of reporters, the government loses by default because we will write our reports based on information we have gathered with or without their side.
I’m giving this new government tips on how to handle media. Anong masama doon?
Romulo is being interviewed by Karen davila in ANC. He is on a media blitz. Probably to counter the bad publicity he had in his encounter with Ellen.
He said Arroyo’s political ambassadors wanted to be extended up to December. Anng kapal.
Ito namang si Romulo parang utang na loob natin that he gave only three months. Ang tanga nga.
They knew they were co-terminus with Arroyo. Why didn’t they start packing six months before?
Gaano ba kadami ang kanilang ipa-pack?
Kapag pinakita mo sa mga pathological LIARS ang totoo ay masama sa kanila yon. Nasasaktan sila don. Sumisigaw sila ng wang-wang sa sakit…..hahahhahaa. All they care about is their president won, to hell with the manufactured pcos votes, the incompetent wang-wang president, etc…etc…
Now, the military is demoralized. Why? Remember before the election, Noynoy was making a deal with military as published by Tribune. So, who are now appointed on top-level re-assignments? Those are senior officers associated with Aquino’s allies and supporters.
Not only that, this wang-wang president is appointing more and more retired generals to civilian positions. Why and what is he afraid of? He is afraid of impending coup d’etat coming his way because he knew that he is an illegitimate president just like his predecessor, gloria and cory.
he knew….he knows
true friends point out mistakes along with correct decisions , its called constructive crticism, even Obama insisted on retaining his blackberry to keep direct line of communication open.
one pitfall of presidency is being insulated from reality and waylaid by lobbyist into wrong path.
latest survey shows 9 out of 10 filipinos trust P.Noy, people will support his fight against corruption, by stopping Jueteng, destroying illegal drug syndicates. P.Noy could kick the butts of shameless ambassadors, ombudsman mercebutas gutierrez, bogus appointees with people applauding him for it.
so far, P.Noy is showing better than expected performance, his latest choice of DILG sec Jesse Robredo is an excellent one.
the truth is Robredo has more integrity and competence than davide to head the Truth Commission.
Binay always reminding everyone: “I’m the No. 2 man in the executive department.” He think he has a right to complain that his office at the PNB Building is too small,he was insulted being 5’feet tall person confined in a giant chair.As, VP he is hoping that he can have a mansion,he said the Governor has a mansion,why can’t he? finally he may soon get his wish,Pnoy is offering him the cuckoo’s nest este, Coconut Palace.
“Pag walang corrupt, walang mahirap” none of that will matter if a person who made the vow won’t prosecute those corrupt.PNoy trust rating is very high for now,The public is generally warmly disposed to newly inaugurated presidents, but a substantial proportion of Filipinos typically await more information to form their initial judgment.
Like Obama his trust ratings was high during his first six months in office,however, I was disgusted, Obama could not explain an increase in our federal income tax. I am disable who makes less than $25,000 per year. Yes, that’s less than $25,000 not $250,000. I did not receive a cost of living allowance increase on my pension this year, since the economy is so much better (sic), yet my federal income tax went up! Obama’s failure to keep such a simple promise casts a wide net of doubt over all his so-called campaign promises used just to get elected. He have bailed out Wall Street and Corporate America while Main Street stands in food bank and unemployment lines. Where’s my bailout? Where’s Joe the Plumber?
There’s a looming immigration battle in Arizona,Obama found out that immigration reform is highly volatile and likely will require the expenditure of political capital. Obama is under pressure to fulfill campaign promises to the Latino community.
Democrats now becoming uncomfortable with the direction Obama adminitration is moving, a new base of voters is needed. Enter the movement to legalize all illegal aliens. If this can be accomplished a number between 12 and 20 million new voters can be counted on to support the Anti-Palin next presidential election.The longer the borders can be kept open, the more prospective voters can be gained. Let’s not even talk about the drugs, violence or terrorists that can cross that same border. Can you see a possible self-serving interest coming out of Washington here?
Pnoy will emulate the same fate of Obama if he won’t be true to his promise.Obama could not even solve the BP oil spill, He was too busy golfing, dancing, partying, vacationing and hosting concerts, sports teams and barbecues at the White House to notice.Oh! BP are the big contributors to his campaign.
P.Noy and Obama brought trust back into presidency.
With TRUST, nothing is impossible! Countries became great because of great pleaders, America had George Washington, Abraham Lincoln, Roosevelt ,Harry Truman, John F Kennedy, etc… China had Sun Yat Sen, Mao Zedong, Chou En Lai, Deng Ziaopeng, Singapore has Lee kwan Yew, Malaysia has Mahathir Mohammed, India had Gandhi, South Africa has Mandela. What about the Phil, who were our great leaders?
Ombudsman: Noy can’t force me to quit
http://tribune.net.ph/
Bakit hindi makita ang malaking kamalian sa self extension ng mga ambassadors ni goyang? Bakit kailangan pang merong magsabing hindi ito ilegal samantalang coterminus ang kanilang post? Bakit sa halip na ipagdiinan at ipamukha sa mga nagmamagaling na katulad ni Romulo ay meron pang umaayon sa nagdudumilat na maling baluktot na katwiran?
Si Romulo ay DFA secretary appointed by the president. Isang hold over cabinet ni goyang na nagawang akitin si PeNoy upang buong ningning siyang i-retain na siguro naman ay kailangan din ang confirmation mula sa CA. Ano ang karapatan niya at kapangyarihan upang siya mismo ang magpalawig ng pananatili ng mga coterminus political appointees ng isang outgoing never president?
Nauto ba lamang niya si PeNoy kaya nakapagbitiw din ng pahayag na ini-extend niya ang mga overstaying na aso ni gloria?
Tayo bilang mga nagbabayad ng buwis na pinagkukunan ng pinansusuweldo sa mga taong gobyerno at tinatawag ni PeNoy na kaniyang boss ay tila ginagawang engot ng mga katulad nitong si Romulo. Papayag ba tayo?
PeNoy, sino ba ang pakikinggan mo? Kaming mga boss mo? O, ‘yang kapit tukong mukhang insektong si Romulo?
Sino ba sa inyong dalawa ang sino?
Pareng Mags,
#61.If the ombudsgirl won’t resign,she must be impeach..Her bossing GMA at Tongress is now facing desertions by her political supporters.The loyalty of these tongressman is on the Pork barrel.The neutrality of tongressman will tipp the scales against Mercedita. I think she better resign or be impeached and hanged.
It’s about time our dear PNoy got his!! Now I think they have to work together to impeached the wander-woman at the Ombudsman who think she’s above the law!!
Guess what Maldita — PNoy boss are watching! I think that the taxpayers are sick & tired of dirty politicians. I also think that vacant positions in politics should be decided by vote by taxpayers. After all the taxpayers are paying their salaries!!! Heaven knows that all of us pay enough taxes, so why shouldn’t we have our say?
I like what another veteran journalist Raissa Robles said in her Facebook page on the Tordesillas-Romulo TV “tangle”:
My own two cent’s worth:
John Nery says,
With some justification? I thought Romulo’s reply smacked of blithe arrogance (and I say this with justification).
Romulo’s retreating to his position, i.e., big chief, speaks very poorly of Romulo’s ability to judge at all — his judgement was not only nonsensical in the strictest term but also adversarial (as in “You are wrong… Ah em zi lidah, Ah em zi chief…” while beating his chest)
What is mindboggling is that it didn’t occur to Nery to question Romulo’s excecrable judgement call but it occurred to him to criticise the one journalist who had the courage to put the foreign affairs chief in the dock for embarassing his president and for being wholly incompetent at his job.
Raisa is right when she said:
Correction: “My own two cents’ worth”
@becky Hindi problema ang packing. Marami ambassadors na wala namang gamit. Iyong i-uuwing luxury cars ng mga ambassadors ang problema, kasi kung wala pang 6 months na registered sa pangalan nila, it will not be tax-free. The extension will buy them time para hindi sila mag bayad ng tax.
O, journalist ba si John Nery? ‘kala ko letter sender lang. Sori, pero serious ako….
Halatang yanig si Berto sa kakulitan sa katotohanan ni Ellen. 🙂 He’s trying hard digging a shithole for himself giving interviews here and there, palpakation lalo. Sige pa, ipahiya mo pa si Noynoy….
— Kendi
Aha!
Reminds me of a former military/defence attaché in Europe who was adamant about registering his brand new Mercedez well in advance before departing back for RP; my astonishment at his possessing a spanking new Mercedez model (can’t remember which) must have registered on my face so without ado, he volunteered to inform me of his reason: he was going to sell it to one of his former bosses (then a CSAFP) who had promised to buy it.
— Chi
As they say, when in a hole, stop digging. Berto Romulo must learn when to back off, if only to avoid putting his president in a spot.
YB
#69,Not sure if they can collect tax from these ambassadors.(Help me out in here).Diplomats frequently ignore the laws of their host country completely, and live according to their own personal laws. They import anything they wish, since they are immune from import duties, and their luggage is not opened and there is little they can do to collect.
They use their credentials to avoid sales tax, which they are exempt from, a not inconsequential matter when buying houses, cars, or other big-ticket items.The diplomatic pouch is the bag diplomats use to guarantee safe and confidential transport of sensitive documents,items for official use by an embassy, consulate, or mission, and items for personal use by the diplomat himself.
According to the Vienna Convention, these bags are inviolable.
Chi,You’re right,MV PNOY will soon sink because Romulo is creating a hole in the ship.He’s getting close to hit the iceberg,it’s becoming too dark for him to see it until too late.What I am trying to say here is that people get so caught up with assigning blame and looking for excuses that they never slow down long enough to say the ship is sinking because there is a hole in the boat. And they certainly never slow down long enough to say that it might help if they plugged the hole in the boat.What we as a people tend to do is get caught or distracted by the big picture and fail to see the root cause of the problem and solve it before things go from bad to worse.Romulo is a prime example of this,he should not have been on the bridge and let PNoy captain the ship.
— cocoy
Not sure either but I think a diplomat is entitled to tax exemption for ONE foreign purchased car when it’s brought back home. As per my understanding, if the goods are brought back to RP as part of the diplomat’s household items and registered as such prior to being recalled to home base, the goods are tax exempt in RP, hence, the need to specifically register a car as his sole means of transport well in advance in the country where diplomat has been previously assigned.
Cocoy,
I used to know a foreign ambassador assigned to Manila who used his diplomatic pouch to carry marijuana 🙂 He and a group of friends, yours truly included would have a “pot session” from time to time. 😛 Said foreign ambassador is now posted in Europe.
YB, Can we borrow your friend’s diplomatic pouch?
John Nery, a journalist? What I know is that he and Manolo Quezon started the Inquirer Blogs. He is a blogger that’s for sure. But a journalist? I don’t think so.
“They knew they were co-terminus with Arroyo. Why didn’t they start packing six months before?” – Becky
I doubt that packing is the real reason for all these. It’s just a stupid excuse by a moron secretary who thinks all Pinoys are just as fluent in idiot-speak as himself and his 21 ambassadors.
Packing, oh really? Pack you, Romulo. And pack all the trash diplomats who feel important because of the words “extraordinaire plenipotentiary” attached to their titles that start with the word “asshole”. Three months for packing?
You are the mother of all packers! Again, pack you.
Tongue,
Doubt he’ll lend it – he needs it real bad.
Good one! 🙂
The 1987 Philippine Constitution is the supreme law of the land. Political ambassadors are co-terminus with Gloria Arroyo. Simple lang, bakit mahirap intindihin ni Romulo? Wala ng hirit. The government will save money if pack them all in balikbayan boxes.
Again with feeling…..
Pack you, Romulo!!!
Parang malakas ang kapit ni Romulo sa bagong administration. Mahirap magiba.
In default of inexhaustible happiness, eternal suffering would at least give us a destiny. But we do not even have that consolation, and our worst agonies come to an end one day.. Albert Camus
Delikado ata ang MVPnoy at baka lulubog…hindi ba if there is a danger for the shop to sink kailangan bawasan ang mga cargoes..at itapon ang mga nagpapabigat na useless naman…ano ba ang tawag doon? jettison…kaya for MVPnoy to survive…itapon na si Romulo & Co..sa mga diplomats at si Mdita naman na ayaw magresign…ang sabi ng isang emplayodo sa Ombudsman hardworking daw ang boss niya…hardworking? or hardly working?kung ayaw umalis itulak na via impeachment…like their former boss ganid at garapal ang mga walang hiya..ay, ay kalisud!
I wonder what Ate Balsy thinks now!
YB,Hope you already got your US Visa,If not the US Embassy in Manila will ban you for life to visit Disneyland in Anaheim and in Florida for admitting using illegal substance.Hehehe!
California was the first state to legalize marijuana for medicinal use.Some doctors who used to it,they said it’s safe and they even tried to jump from the top roof.
California is now getting bankrupt,soon it will close its government offices for a few days because the state’s economy could not afford to pay its state officials.Governor Arnold Schwarzenegger has been wrestling with the economy of California and can easily relate to the tough times that President Obama is dealing with as the state hedges against bankruptcy. However, instead of stimulus packages and other spending bills to get the economy back up and moving again, the state of California is proposing the taxation the legalization of marijuana to lessen the states economic shortfall.Marijuana legalization is a serious subject to many people, particularly with Mexico.
Some people want to legalize pot and some people don’t, but when the streets flow red with blood, you can count the Terminator out..
Malacañang turns tail, says Merci can stay
http://tribune.net.ph/
Palaban si Merceditas, buntot ni Lacierda nabahag!
Patigasan ng mukha ‘ata ang labanan, ah?
Kapalmuks, matibay?
On the other side of the doble karang piso, I also believe that we must not be too harsh in judging the two gloria’s treasured pets inherited by the PeNoy’s administration – Romulo and Gutierrez.
Let us consider that the two worked very hard to reach the step of the ladder where they are both shitting, este sitting now.
Does everyone think it’s that easy to always turn blind eyes on the excesses of the hogband and its askal wife? Do all of us think it’s that easy to provide the media with fake purpose during their travels outside their nightmare kingdom?
If these two gloria’s canines are no longer inside the comfort of the now PeNoy’s zoo, is there anyone here willing to share them shelter? Feed them? Keep them?
Think again!
Pero magastos ang magpakain sa mga asong ‘yan na kailanman ay hindi na ‘ata nakakaramdam ng kabusugan! Nakakatakot alagaan dahil baka kagatin pa ‘yung kamay ng nag-aalaga.
Patigasan ng mukha ‘ata ang labanan, ah? – Mags
Wala silang panalo kay MalditaG, magtatakbuhan sila talaga!
Di ako makapasok sa blog na to kapag gamit ko ay firefox dahil nag re redirection. Ang message sa ibaba ay “Waiting for scorecardsearch.com….” tapos noon ay walang hanggang paghihintay. Sa internet explorer ay walang problema nakapasok agad ako.
OFF TOPIC:
A Filipina was recently raped in Abu Dhabi, UAE but the news was suppressed by the media of that country for whatever reason. Please let us help her or let some RP government officials do something about it. Passed it on this video, make it viral, I got it from Facebook.
http://www.youtube.com/watch?v=n6M6pt10PZc
http://www.youtube.com/watch?v=UdV7uEu-oH4&feature=related
The video is clearer if you will watch the video within Facebook.
takakatakot tunay ang mukha ni Mldita kahit sino matatakot! itong si Mldita at si Romulo are not humans..their animal instinct ang umiral..bakit hindi dalhin sa Manila Zoo..para makita ng mga kabataan kung ano ang hitura ng hayop na mukhang tao? nakakalungkot…graduaes pa man din ng Ateneo..ano ang say ni Pader Joaquin? the Constitutionalist..former dean of Ateneo de Manila College of Law where these two are graduates…ay ay kalisud!
how about starting a signature campaign against Merceditas Gutierrez and Bert Romulo, in coordination with other NGO and civic groups?
RE: nakakalungkot…graduaes pa man din ng Ateneo..
Exactly Igan Rose, mostly of our lingkod-bulsa e graduates sa mga exclusive schools at ang iba e active sa school organizations like LFS, Student Councils and many more.
Ang sigaw nila noon ibagsak ang diktadura…ngayon nang makatapos ng kanilang pag-aaral, e sigaw ulit iluklok ang magpapayaman sa kanila?
Kita mo mostly ng mga naging Pangulo ng bansa except Pres. Erap and Magsaysay e graduates kundi ng UP, Ateneo, o PMA…except kay gloria kasi di naman yan ibonoto kundi idinaan sa dahas at panggugulang kaya inabot ng 9-years sa enchanted kingdom.
Ano ang nangyari sa Pinas? WALA…ibig sabihin mga bopol at walang natutuhan sa kanilang pinag-aralan! Buti pa ang isang mangmang na nagpapakatotoo sa kanyang sarili…nasabi pa na mga edukado e ugali-asal.
Padir Balweg,tama ka riyan karamihan sa mga lingkod bayan ay galing sa elites at angkan ng mayayaman dahil sila lang ang may kakayanan gumastos sa tuwing halalan.Ang problema lang hindi nila kayang solusyunan ang problema sa kahirapan ng kanilang mga kababayan.
Ang solution ko diyan sa kahirapan,mas maganda siguro kung iyung mga pork barrel ng mga mambabatas ay ibigay muna sa stimulus para sa mga unemployed para mayroon silang legs-up na magsimula,100,000 pesos bawat isang unemployed para may puhunan sila sa pagnenegosyo ng “tusok-tusok” barbeque.
Kapalmuks talaga, di raw siya mai-impeach dahil sa one-year ban matatapos pa sa September.
Tangnaka, nakapaghintay nga ng siyam na taon, tatlong buwan pa?
Truth Commission kinontra ng alipores ni GMA sa Kamara
“…..Ipinaliwanag ng mambabatas na bagama’t may kapangyarihan ang Pangulo na magtatag ng komisyon, kailangan pa rin itong ikonsulta sa Kongreso na siyang mag-aapruba sa pondo…”
http://www.abante-tonite.com/issue/july1510/news_story5.htm
Walanghiyaan na ang labanan sa Butasang Pambansa. Kanya kanyang kampi, kanya kanyang bata.
Noong nasa malakanyang pa ang mag-asawang baboy at askal, umutot lamang ang dalawa ay nag-uunahan sa pagsahod ang mga tinamaan ng kulog. Busog kasi sila at namimintog palagi ang lukbutan bukod pa sa walang habas nilang pagliliwaliw kung saan saang sulok ng mundo gamit ang official business visits daw na dahilan.
Taragis, mahiya naman kayo! Hindi si gloria ang constituents ninyo!
Ang gusto lang ni gloria ay mag cha cha…si Ginang Imelda naman ano ang gusto other than kumanta or collect shoes? si Money Packed naman? Incidentally ano ang take ni Money Packed kay putot? hero the putot si Congressman Money Packed..nagumpisa na ba ang session sa tongress?
Ms. Rose, tutal hindi na aalisin ang pork at balak na prioritize ang mga projects at balak ipapublish ang mga proposed project para malaman ng mga tao kaya sana humina na ang kita mga tongressman. Wala ng kickback, wala pang wangwang at kung magiging transparent si Noynoy, baka by 2013, mababawasan na ang mga mabababaw at malalabnaw ng gustong maging tongressman.
SA ngayong puro mga preliminary activities like orientation sa Batasan. SA July 26 pa ang pagbubukas ng session.
What’s the use of a Truth Commission that has no power to subpoena or force a witness to appear? What truth can they find out without the testimony of important witnesses who refuse to testify? Besides having a dubious character as head, it’s a powerless and inutile body and just a waste of time and money. Its better that the investigation and prosecution of Gloria and company be handled directly by the DOJ with the much more trusted and credible De Lima as head than the opportunist and corrupt Davide.
The Truth Commission should be headed by an independent commissioner. With Davide how can the people trust his independence when he is identified as too closed to the people he is supposed to investigate? Is his appointment a prelude to something?
Davide was the crown-bearer and the principal in crowning Gloria as president. Returning the favor Gloria not only thwarted the impeachment against him but appointed him as the Phil permanent representative to the UN. These events constitute the most important parts of their lives which neither will ever forget. How can they forget not to hate, but to love each other….ever after, never mind the commission.
Gloria should never been a president without Davide. The country should have never experienced the massive corruption, the mess and the humiliation of being tagged as the most corrupt country in Asia. And with that she also earned the honor as the most corrupt president the country ever had.
It’s all water under the bridge now, Gloria is out (not really)but Davide the partner is still in. It seems he enjoys the trust of Noynoy. I wonder what is inside in Noynoy’s coconut shell, that he trusts a person with Davide’s dubious character. Is he uninformed about him?
Maybe because he is a remnant of his mother’s government and also before the election he jumped from a sinking ship and proclaimed his support and undying love to him.
Talking of integrity and trustworthiness, Davide has nothing of it.
Scene at Davide’s court:
Lawyers should never ask grandma a question if they aren’t prepared for the answer. In a trial, a small-town prosecuting attorney called his first witness, a grandmotherly, elderly woman to the stand. He approached her and asked, ‘Mrs.Cruz, do you know me?’ She responded, ‘Why, yes, I do know you, Mr .Santos. I’ve known you since you were a boy, and frankly, you’ve been a big disappointment to me. You lie, you cheat on your wife, and you manipulate people and talk about them behind their backs. You think you’re a big shot when you haven’t the brains to realize you’ll never amount to anything more than a two-bit paper pusher. Yes, I know you.’ The lawyer was stunned. Not knowing what else to do, he pointed across the room and asked, ‘Mrs.Cruz, do you know the defense attorney?’ She again replied, ‘Why yes, I do. I’ve known Mr.Salazar since he was a youngster, too. He’s lazy, and he has a drinking problem. He can’t build a normal relationship with anyone, and his law practice is one of the worst in the entire town. Not to mention he cheated on his wife with three different women. One of them was your wife. Yes, I know him.’ The defense attorney nearly died. Judge Davide asked both counselors to approach the bench and, in a very quiet voice, said, If either of you idiots asks her if she knows me, I’ll send you both to the electric chair.
wow, finally i get to type and comment here again…the lola (“basyang”) ruined my schedule…
Re: #27 and #45 by Lito B.,
Trouble is…there are numerous political appointees that have potential to disrupt the chain of “succession” in the DFA. If only a handful of the non-career ambassadors (whose terms have already expired) are present then the vacuum would probably be NOT significant…and the CDAs may just continue on to be “OICs” for the ambassador posts…NO MORE “packing” clamor by the ambassadors for extensions simply because of “packing up” issues!
One may truly argue that the overstaying ambassadors are, in fact, de facto officers now and their “holdover” status is legally acceptable – REGARDLESS if the appointment or extension/holdover order is legal or not. But certainly this will NOT be the reason in order for such practice* of “extending” the non-career ambassadors’ terms in the DFA to flourish (as The Executive is wont to do…since time immemorial maybe).
This perceived “immunity” of de facto public officers must not be a cause for “impunity” by The Executive. The practice does not conform to the President’s straight (and narrow!) path and this must stop.
Let’s hope Career Service officers are abundantly appointed from now on (let’s say, 90% or more – the Foreign Service Act only says “majority” of the appointees should be in the Career Service).
Only then will the political ramifications and repetitive “coterminous” issue CEASE to plague the system.
—–
*Practice that may be illegal as there is implied prohibition for holdover if you take into consideration the Foreign Service Act vis-à-vis the Civil Service Law and Administrative Code
The De Facto Doctrine vis-à-vis The Holdover Doctrine
While it may* be true that the overstaying ambassadors are now de facto officers with legally binding holdover status to their posts, there are some concerns that need to be considered.
The De Facto Doctrine may (and I say, MAY) right the wrong…all for the sake of public interest. But as I said before, it is hinged on The Holdover Doctrine and its applicability to the present “holdover” ambassadors.
Are they acting in good faith (literally speaking) considering that the ambassadors requested (Read: lobbied to Romulo) for the extension in order to “pack up” prior to leaving their posts when all the while they knew all along that their terms will expire soon and thus, the transition should be done before the term expiration?
The De Facto Doctrine may give “a semblance of authority” for those ambassadors to be considered in holdover capacity but can it right the application of The Holdover Doctrine???
If the present “holdover” status meets the requirement of The Holdover Doctrine then how come the holding over of the ambassadorial position is just for three months? Why not allow him/her to continue holding his/her office “until his/her successor is appointed or chosen and had qualified” (basically the tenet of the doctrine)? Is it because the holdover status has no legal basis?
Do we expect that in three (3) months there will be proper appointments/confirmations/presentations of new or reappointed ambassadors? Are they now in the process of vetting candidates for the positions that will soon become vacant?
Or, are they just delaying the inevitable considering that in three-months time the CDAs will soon take charge of the posts? (The CDAs should be at their posts since noontime of June 30, 2010!)
I believe not only is the application of the holdover status illegal but The Holdover Doctrine itself is trampled upon.
(continuation)
the footnote of the preceding comment…
——
*Granting the elements of a de facto officer as defined in the Law on Public Officers
(Source: Nachura and UP Notes as mentioned above. Some emphasis mine.)
#67, Kendi you are right about the cars that these ambassadors will be bringing home must have been bought at least six months ago for them to avail of the tax exemption.
Many of them bought their cars only last April because they were not sure Noynoy would win. While they were ambassadors they did not need to have personal cars because they have the embassy cars to use.
From Eustaquio Joven:
Some political ambassadors winded up their tasks and went home as scheduled. Some didn’t, and were rewarded with illegal 3-month extensions. Those whom we hailed for doing their job well soon became of laughingstock by those who were either too inept or too shameless as to hold on to their jobs by any pretext. Were the extensions necessary? No! Career officials who were more knowledgeable could easily have taken over.
For lively engaging DFA Secretary on these points, Ellen got a flack from some of her peers in the media. What were she to do when she knew very well that the old man was being less than truthful with the public, or with Pnoy? Was it Cromwell who said that there are times when decorum should take the back seat, or something stronger to this effect? Sometimes you have to be cruel in order to be kind.