Senate Majority Leader Vicente Sotto III is in search of a authorized opinion on the standing of three of President Rodrigo Duterte’s appointees – Agrarian Reform Secretary Rafael Mariano, Social Welfare Secretary Judy Taguiwalo, and Heath Secretary Paulyn Ubial – who have been bypassed by the Commission on Appointments.
During Tuesday’s first plenary session, Sotto introduced up on the ground sough clarification whether or not Mariano, Taguiwalo and Ubial should have been deemed bypassed and whether or not their latest “re-appointment” made them Secretaries in them in an appearing capability or simply an advert interim capability.
Sotto identified that final Saturday’s particular session, by which the Senate and the House of Representatives held a joint session, was considered one common session which meant that the Cabinet officers’ affirmation should have been acted upon by the Commission on Appointment (CA).
“Therefore, if they were bypassed last Saturday, it would be two strikes for three of them and the first strike for one of them,” Sotto stated referring to newly-appointed Department of Environment and Natural Resources (DENR) Sec. Roy Cimatu as the primary sriker.
Senate President Aquilino “Koko” Pimentel III stated he would look into the problem with the members of the CA.
Cabinet appointees, with a view to discharge of their duties and permit them to signal paperwork as secretaries, have to be given advert interim appointment which might solely be made whenn Congress is in session. Appointments made whereas Congress is in recess are considered in appearing capability which implies that she or he couldn’t train full powers as a Secretary.
“Ngayon, eto issue, nung nagtawag kami nung July 22 ang special joint sesson, that’s one full session ng parang regular session. In-adjourn, so yung naka appoint na pasok dun na ad interim kung tutuusin adjourned, bypassed,” Sotto stated.
“My question is, na bypass ba? Kaya ko tinatanong. Legal, pag aralan nila. Na bypass ba? Second, kung na bypass sila, ire-reappoint ba sila ng Pres? Pag ni re appoint sila, kelan? Kung nire -appoint sila noong Sabado ng gabi o Sunday, ad interim appointment sila. Kung hindi pa sila nire reappoint at irereappoint sila ngayon, acting lang sila dahil in session na kami,” Sotto defined.
Among the stated Cabinet officers, Ubial, Taguiwalo and Mariano have been deemed bypassed within the final Congress, having didn’t safe the nod of the CA earlier than Congress went on sine die adjournment final June.
Currently, the CA has a “three-strike” coverage which might compel members to determine on the destiny of the involved Cabinet official and finish the extended affirmation continuing.