VERA Files
Malacañang has antedated the appointment papers of Foreign Secretary Alberto Romulo to cure the original that the Commission on Appointments found defective.
Romulo, a holdover from the Arroyo administration, took his oath and had been functioning as foreign secretary in the first 40 days of the Aquino administration without an appointment, documents showed.
Romulo took his oath of office on July 1 in Malacañang together with the other Cabinet members. But while the appointment papers of the other secretaries were signed by President Aquino that same day, Romulo’s wasn’t. His original appointment papers were dated Aug. 10.
Malacañang sent the copy of Romulo’s Aug. 10 appointment to the CA third week of August. It said, “Pursuant to the provision of existing laws, you are hereby appointed ad interim Secretary, Department of Foreign Affairs.”
But the CA secretariat informed Malacañang that Romulo’s appointment was illegal because “ad interim” (Latin word for “in or for the meantime”) appointments are done only while Congress is not in session. The 15th Congress convened only on July 26.
An Aug. 10 appointment would have created legal complications as it would open Romulo to charges of usurpation of authority and misrepresentation for his acts from July 1 to Aug. 9, said a foreign affairs official who is also a lawyer.
On Aug. 31, Malacanang submitted another appointment of Romulo to the CA. This time, it was dated July 1.
The foreign affairs official said, “July 1 should be correct. Issuing two appointments shows the Palace is sloppy doing something and withdrawing it after being found to be wrong.”
Another lawyer said antedating appointments undermines Malacañang cases against Gloria Arroyo’s midnight appointments, many of them antedated before March 10 to circumvent the election ban on presidential appointments.
Palace sources said Aquino was reluctant to sign and submit Romulo’s appointment, which was an accommodation to his sisters and the Iglesia ni Cristo, as Aquino doesn’t plan to keep him for long.
Romulo, however, is accompanying the President to the United States next week to attend 65th United Nations General Assembly, and to Hanoi for the summit of the Association of Southeast Asian Nations in October. It would create diplomatic and legal problems if the foreign secretary, the point man in foreign visits, had no official cover.
Romulo’s lack of official appointment had prevented him from attending the 43rd meeting of ASEAN foreign ministers in Hanoi on July 20.
Romulo’s appointment was opposed by the Union of Foreign Service Officers on grounds of incompetence. UNIFORS also questioned the legality of the extension of appointments, from June 30 to Sept. 30, of 21 political ambassadors whose terms were supposed to end when Arroyo finished hers.
Upon Romulo’s recommendation, Aquino extended the service of noncareer ambassadors appointed by Arroyo “in a holdover capacity for a period of three months.”
Executive Secretary Paquito Ochoa earlier said in a press statement, “Everybody stays until they are replaced or until the agreed period (Sept 30), whichever comes first.” He justified the extension, saying it would adversely affect relations with countries political ambassadors were posted.
But in a letter to Aquino last July, UNIFORS said, “There is no basis for claiming that the failure to grant the three-month extension would create a vacuum of power in our missions abroad.”
They cited Sections 26 and 293 of Department of Foreign Affairs Regulations authorizing the next ranking officer, as charge d’affaires, “to take over the affairs of our embassies and consular offices upon the expiration of the term of noncareer ambassadors.”
UNIFORS also cited Article 19 of the Vienna Convention on Diplomatic Relations which states, “If the post of head of the mission is vacant, or if the head of the mission is unable to perform his functions, a chargé d’affaires ad interim shall act provisionally as head of the mission.”
Basta si Tito Bert, ayos!!!
In this case, they are fast learners! 🙁
How about antedating his termination?
Antedating is wrong.
“Big mistake to correct a big wrong decision,” to borrow Capt. Mendoza’s words.
I suggest…just terminate Romulo now, effective immediately!
OT…
Journalists’ Operative Words
CRIME AND CRISIS SITUATIONS* – The coverage of crimes in progress or crisis situations such as hostage-taking or kidnapping shall not put lives in greater danger than what is already inherent in the situation. Such coverage should be restrained and care should be taken so as not to hinder or obstruct efforts of authorities to resolve the situation. Example of an EXCEPTION is the Aug23 Incident.
LIVE COVERAGE – blow-by-blow account of a particular event, e.g., Manny Pacquiao fight and Aug23 Incident with long-shot camera views from a snipers’ vantage point starring the sniper himself
SELF-REGULATE – imposing news embargo when a colleague’s (“kabaro”) life is at stake, e.g., Ces Drilon in the hands of the ASG
SELF-RESTRAINT – waiting for authorities to stop whatever journalists are performing, e.g., live broadcast of an “arrest” starring Susan Enriquez and Gregorio Mendoza
Quote of the day
“Maderazo, meanwhile, said RMN-DZXL did not violate the Broadcast Code when it decided to interview the hostage-taker live on-air. He said the Broadcast Code of the Kapisanan ng mga Brodkaster ng Pilipinas (KBP) only mentions hostage situations involving terrorists, ’and Mendoza is not a terrorist.’”
Copy-pasted from “Media execs nix tighter controls” by David Dizon, abs-cbnNEWS.com (Posted at 09/14/2010 6:18 PM, Updated as of 09/15/2010 1:35 AM)
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*Art. 6, Sec. 1 of the Broadcast Code of 2007; Grave offense
Akala ko ba nasa tuwid na landas si Pnoy? Lumilihis din pala.
@chi #2,
Hindi pala bobo si PNoy.Galing talaga niya.
hahaha! lahat yata ng exec order nila ay may changes. parang pinagprapraktisan lang tayo niyan ha! pakiramdam ko nga mas mahusay pa ako dyan sa mga yan… ang bobobo!
Antedating is fraud. Falsification of public document is a crime. Wala pang nakukulong na malaking isda mula noon inauguration ni PNoy. Bakit?
psb, para kay tito Bert, kahit lihis na landas ay tatahakin. 🙂
I could imagine Rep. Gloria Macapagal Arroyo to be in jovial mood knowing that her anti-dating of appointments before leaving after nine years in Malacanang, is being copied by PNoy’s boys and girls. And to think that it’s only few days short of the first 100 days PNoy is in Malacanang.
I intentionally mentioned boys and girls (who are in OJT) as the ones who attended to the paperwork. But being on the job training, they cannot be faulted for not being fully conversant on what’s ad interim appointment. Here, I am not undermining the intellect of the men and women composing the Communication Groups with 3 cabinet secretaries. There is also the Executive Secretary who is signing for the President. Maybe, puro maybe, not anyone of them them saw the appointment. I hope PNoy will not own the mistake.
Nakikisama ba ang Commission on Appointments?
Yung July 1 may received by the Commission on Appointments. Yung August, wala. But both were certified by Marianito Dimaandal, which means both appointment letters exist.
Now if there were truly an appointment on July 1, why the need for the second appointment letter?
Sabagay, typical sa atin ang expression na “repeat it again for the second time once more.”
I’ll post later the transmittal letter of Executive Secretary Jojo Ochoa of the original Aug 10 letter.
The CA has the two copies of the appointments,proof of Malacanang’s efficiency.
I hope the president would just “decide” and to hell with everybody and ratings, he’s the president for heaven’s sake. So what if he makes a mistake, whats will they do, impeach him.
Why doesn’t he just order Gen Lim’s (and company) cases dimissed just because he wants it to hell with the critics…
If he wants to have his “trusted” people around him then so be it, just put his foot down and ignore all the noise.
Most of the time, if you really want to be an effective leader you just have to be decisive, just do it, don’t worry about being popular…otherwise you can’t get anything done…
Filipinos don’t need a popular leader, we don’t even need a good leader, we just need “leadership.”
He doesn’t have to explain himself, he just has to do it, because he wants to do it and he can…
Assertiveness is more productive than ineptitude, which is always the impression people have of those who hesitate…
Much ado about nothing? Ad interim = temporary. No later than Sept. 30 or sooner, at the president’s pleasure. Move on na.
noynoy’s office is run by amateurs.
noynoy’s office is run by amateurs.
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yes. he should have gotten “proven” spin operators like ermita, ronaldo puno, elena bautista horn, angelo reyes…now these people are really very good at what they do! add “The Firm” to the mix and he’s set for two terms already…
Ano bang meroon itong si Romulo at nandiyan pa sa DFA? Are we saying there’s no one qualified to replace him? Ang napapansin ko rin kay Noynoy, maliban sa DepEd na ang Secretary ay galing La Salle, halos lahat ng mga tauhan niya ay mga Atenista. Even the Truth Commission he formed has at least two Ateneans. Ibig bang sabihin the best ang Ateneo? Well, Nani Perez and Mike Arroyo came from that school.
Dapat walang matira sa mga dating tauhan ni Gloria kung talagang tunay na pagbabago ang gusto ni Noynoy. Gusto niyo ba na may matirang isang anay sa isang bagong bahay na itinayo?
One mistake, that’s fine, no problem.
Commit another one, OK pa rin.
For the third time – meaning you never learn, a hopeless case, bobo, idiot at estupido.
Antedating a document is cheating; “antedaters” are cheaters.
Palagay ko aattend si Ellen sa confirmation hearing ni Romulo.
Ha! Ha! Ha!
Baka sabihin ni Berto kay Enrile: “Ilayo ninyo sa akin yan”, hahaha!
Yang tuwid na daan ni P-Nyoy eh salita lang yan. Boka o bola ika nga. Depende kung di mabubuko at makakalusot di ba. Kaso matinik si Ate Ellen at nabuko ang dalawang appointment letters. Buko tuloy na nag-antedate sila para lang kay Lolo Berto. Baka malaking pera ang pinakawalan ni LoloBerto para sa camapaign ni P-Nyoy. Payback time! Weder-weder lang talaga! Maaga pa lang ay may bahid na ng style ni Gloria si P-Nyoy.
SnV, re # 12. here’s the transmittal of the Aug 10 appointment of Romulo by the office of Executive Secretary Jojo Ochoa.
There’s no transmittal letter for the one dated July 1. It was just delivered to the CA and received, Aug. 31, 2010.