Mere words to defend NFA chief, vs solid documents

This urgent note came from a member of my prayer community: “Please take max precaution. Your exposés of treason in the illegal nickel and black sand mining in Zambales has angered a high politico here. As you well know, he has triggermen from his days in uniform. With a sister of (a national leader) he is fund-raising for 2016.”

(If anything happens to me, those fellows would be to blame, and I’ve alerted friends who know what to do.)

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In my lead item last Wednesday, I wrongly typed that a very high official of the Philippine RETIREMENT Authority is a US citizen. I meant the other PRA, the Philippine RECLAMATION Authority, formerly the Public Estates Authority. Chairman Roberto Muldong of the latter agency must have laughed at my mistake. My apologies for causing unease to the very Filipino officers and staff of the other PRA, led by GM/CEO Veredigno Atienza.

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A half-truth is a whole lie, meant to deceive.

In disputing my revelations about National Food Authority administrator Orlan A. Calayag, his patron Agriculture Sec. Proceso Alcala insists he is Filipino. That’s only half the truth.

Calayag is a dual American and Filipino citizen, which the Bureau of Immigration granted on Jan. 7, 2013. But that’s not the issue. It’s that he’s not a natural-born Filipino, a status required by the NFA Charter for the food security chief (Gotcha, 23 Oct. 2013).

When Calayag swore to US citizenship, he renounced all his Filipino rights, including citizenship status. When he reacquired (dual) Filipino citizenship, in order to be posted to the NFA, he did not regain natural-born status. That’s Supreme Court jurisprudence: Maquiling vs. Comelec (G.R. No. 195649, 16 April 2013) and Mercado vs. Manzano (G.R. No. 135083, 26 May 1999).

Alcala also dismisses my other points about Calayag. But that’s just his word, against official documents. Among such papers are Calayag’s sworn Appointive Director Data Sheet and curriculum vitae. They reveal that while Calayag was drawing salaries from Congress as Alcala’s legislative staff chief, July 2004-Aug. 2008, he was also working in Keybank, Sammamish, Washington, Sept. 2006-Apr. 2008. In 2006 Calayag also took a Real Estate Professional Course in Bellevue, Washington. In effect, Alcala harbored a “ghost employee” for two years.

At issue too is the effectivity of Calayag’s appointment to the NFA Council, starting July 2012. There was no vacancy at the Council, for then-Administrator Angelito Banayo was to resign only in Sept. 2012 (to run for Congress). At that time too Calayag was still very much a US citizen, working as Patient Services Specialist at the Swedish Medical Center, Issaquah, Washington, Jan. 2011-Dec. 2012. He returned to Manila only on Dec. 19, 2012, presenting to airport immigration his US Passport No. 462971672. His dual citizenship followed post-haste.

On Jan. 21, 2013, Alcala as chairman prodded the NFA Council to elect Calayag as a member. It was mere formality. For, on Jan. 17, 2013, Alcala already had wangled from Malacañang Calayag’s separate appointments as NFA Council member and as administrator.

Press Secretary Herminio Coloma joins the fray, claiming that Calayag only took over Banayo’s unexpired term. Belying my report that Calayag’s appointment was effective July 2012, he insists it’s Jan. 2013. That’s again only half true.

Newly designated chief presidential spokesman, Coloma months ago complimented my “always fully documented exposés.” Thank you, sir. In Calayag’s case, there is a three-page document from Malacañang, dated Jan. 17, 2013, with barcode No. PNOY-008859.

The first page, signed by President Noynoy Aquino, is addressed to “Hon. Orlan Agbin Calayag, thru The Secretary, Dept. of Agriculture.” It states: “Pursuant to the provisions of existing laws, you are hereby appointed Member, Governing Council, National Food Authority, to serve the term of office beginning on 1 July 2012 and ending on 30 June 2013, vice Angelito T. Banayo.”

The second page, signed by Executive Sec. Paquito N. Ochoa Jr., is addressed to Alcala. It transmits Calayag’s “appointment letter”, restating the effectivity, July 1, 2012-June 30, 2013, vice Banayo.

The third page, also signed by Ochoa, informs Alcala of “the President’s approval” of Calayag’s “nomination as NFA Administrator.”

It’s clear: while the appointment was signed Jan. 17, 2013, it antedates the start to July 2012. In effect, Alcala was able to win for Calayag six months’ “uprooting fee” for leaving odd jobs in America.

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Reader Antonio Fajardo says that Americans who join the Philippine bureaucracy can lose their US nationality: “That’s in Section 349 of the Immigration and Nationality Act. Importantly, this statute offers some wiggle room. The person who performs the relevant act must do so ‘with the intention of relinquishing United States nationality’ in order to lose citizenship. The statute lists the acts that might result in loss of US nationality: ‘Joining the government of a foreign state. If you accept, serve in, or perform the duties of any office, post, or employment under the government of a foreign state or one of its political subdivisions (after age 18), and you either acquire that state’s nationality or take a required oath, affirmation, or declaration of allegiance to it, you may be found to have relinquished your US citizenship.’”

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Catch Sapol radio show, Saturdays, 8-10 a.m., DWIZ (882-AM).

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