More CA questions arise

When both chambers of the 20th Congress adjourned for their Holy Week recess last March 18, the bicameral 25-man Commission on Appointments (CA) wound down their sessions a day earlier. The CA gave the nod to 57 generals and senior officers of the Armed Forces of the Philippines (AFP) and confirmed Raphael Lotilla as the new Philippine ambassador to the Holy See at the Vatican.

Except for Lotilla, no additional nominations from the Department of Foreign Affairs (DFA) were confirmed at the last CA plenary session. Lotilla’s previous Cabinet post as “acting” Department of Environment and Natural Resources (DENR) secretary remained hanging before the CA. President Ferdinand “Bongbong” Marcos Jr. (PBBM) appointed Lotilla on day one of his administration as Department of Energy (DOE) secretary, when he then breezed through the CA.

In his first Cabinet revamp in May last year, PBBM moved Lotilla over to replace his first DENR secretary, Maria Antonia Yulo-Loyzaga. A year later, PBBM recycled Yulo-Loyzaga, who took her oath as Special Envoy for Disaster Risk Reduction and Management (DRRM) last March 19.

Incidentally, PBBM also recycled another original Cabinet member, erstwhile Department of Tourism (DOT) secretary Christina Garcia-Frasco, as Presidential Adviser for Sustainable and Resilient Communities (SRC). Although she is holding a Cabinet-ranked post for the remaining three years of the Marcos administration, Frasco’s new post is not subject to the CA confirmation process. On the other hand, Yulo-Loyzaga may have to undergo a new CA grilling with her diplomatic-ranked post at the DFA.

As of this writing, PBBM has yet to name a permanent DOT secretary. This is still being heavily jockeyed among several Cabinet wannabes wishing to get appointed. PBBM named DOT Undersecretary Verna Buensuceso as officer-in-charge (OIC).

Meanwhile, the CA has yet to receive from Malacañang copies of the new ad interim appointments of eight Cabinet officials currently serving in “acting” capacity. Press officer Claire Castro last week admitted PBBM has not issued yet new nominations for them, including newly appointed DENR Secretary Juan Miguel Cuna. Castro justified that PBBM’s practice of “acting” appointments is a valid exercise of presidential prerogative.

Speaking for PBBM, Castro explained the Chief Executive “means no offense” to the CA and that formal appointments will be submitted “in due time.” Castro argued these “acting” Cabinet officials have served for less than a year, which she claimed is within legal limits.

Arguably, this practice is indeed in the exercise of presidential prerogative under our Constitution. But the other half of this privilege is to respect the constitutional requirements that ad interim appointments must be automatically submitted to the CA.

As the CA chairman, Senate President Vicente “Tito” Sotto III reassured the body the CA secretariat will check with Malacañang on why this requirement is not strictly being applied after adjournment of Congress.

Obviously, there is resistance – if not reluctance – to forward copies of the ad interim appointments to the CA.

Sotto though noted with curiosity that Malacañang was only too quick to submit the appointment of Philippine Space Agency (PhilSA) director general Dr. Gay Jane Perez. Sotto insisted anew the PhilSA director general is exempted from the CA wringer.

The PhilSA was created by Republic Act 11363, also known as the “Philippine Space Act” enacted by former president Rodrigo Duterte on Aug. 8, 2019. Section 10 of this law explicitly states: “The director general shall have the rank and compensation of a Cabinet secretary and shall be appointed by the President, subject to the confirmation by the Commission on Appointments.”

Ex-president Duterte appointed Dr. Joel Joseph S. Marciano, Jr. as the first PhilSA director general. Sotto who was then still the CA chief during the 18th Congress, sent back to the OP the nomination of Marciano on the constitutional grounds the PhilSA chief is not subject to the CA. But when the 19th Congress took over, then Senate president and concurrent CA chairman Francis Escudero reacquired jurisdiction over the PhilSA director general for confirmation.

Holding the rank of Cabinet secretary and serving concurrently as the Presidential Adviser on Space Matters, Dr. Marciano held the post “in acting capacity” until September last year. The PhilSA is an attached agency of the Office of the President (OP). Following his exit, Dr. Perez, who was then deputy director, took over as the OIC of PhilSA. This until PBBM promoted her to become full-fledged director general in January 2026.

“Cabinet posts and AFP officers are the only ones specified in our Constitution. Even if a law is passed saying so otherwise, it cannot amend the Constitution,” asserted Sotto for the CA.

Methinks likewise that a national law cannot be above the Constitution as the basic law of the land.

As of March 28, there is no official record that Perez was bypassed by the CA. From the CA website, the position of PhilSA director general was listed under “Pending CA Action.”

An appointment is typically “bypassed” if the CA adjourns its session without acting on the nomination. This requires the OP to issue a new ad interim appointment. Since the current session of the 20th Congress is ongoing, her nomination continues to await formal deliberation by the CA sub-committee on science and technology to evaluate her qualifications before it moves to the plenary for final approval.

Dr. Perez, who spoke at our Kapihan sa Manila Bay forum last week, is only too willing to go through the CA confirmation gauntlet. “Public service is a privilege,” Dr. Perez said when PBBM first appointed her.

She studied Physics at the University of the Philippines-Diliman, where she also completed her masters’ degree and PhD (Doctor of Philosophy). She went to the US in 2010-2011 for postdoctoral research at the Hydrospheric and Biospheric Sciences Laboratory of the National Aeronautics and Space Administration Goddard Space Flight Center in Maryland.

Turning 44 years old this year, Dr. Perez though could only crack a joke at her accomplishments all the way to her PhD which she tweaked to: panghabambuhay na dalaga. It’s a woman’s world.

There is obvious resistance – if not reluctance –  to forward copies of the ad interim appointments to the CA.