Senator files bill vs bypassed Cabinet nominees

MANILA, Philippines -Senate Minority Leader Aquilino Pimentel Jr on Tuesday filed a bill seeking to prohibit the President from re-nominating or re-appointing Cabinet officials and executive officials bypassed by the Commission on Appointments twice. In a press statement, Pimentel said Senate Bill 2981 will "put an end to the distasteful and ridiculous practice of the President to reappoint top officials of her administration who have been bypassed several times by the CA, which is tantamount to a rejection." He said the re-appointment is tantamount to a disregard or defiance of the judgment or assessment of the CA that a particular nominee falls short of the requisite qualifications to become competent and effective in performing official duties. "Through this bill, the constitutional mandate of the Commission on Appointments to act as a check on the presidential appointing power may be realized," Pimentel said. He cited Article VIII, section 16 of the Constitution which mandates that the CA give its consent to or confirm the nominations submitted to it by the President. If, for any reason, the Commission fails to act on or willfully rejects the nomination or appointment concerned, the nomination or appointment is considered bypassed. He said there is a need to limit the presidential prerogative to re-appoint to prevent abuse. "Under this legislative measure, a presidential nominee or ad interim appointee whose appointment is bypassed twice by the Commission on Appointments shall not be renominated or reappointed by the President," the senator said. He said under the bill if, for any reason, a nominee or appointee hangs on to the office to which the President might have nominated or reappointed him, he shall not be entitled to the payment of salaries, emoluments, per diems and other benefits pertaining to the office concerned and further, shall be subject to penalties. He said Section 5 of the bill provides: "A nominee or appointee twice by-passed by the Commission on Appointments shall not be re-nominated or re-appointed by the President for the same office. The bill states that the Executive Secretary or any member of the Cabinet and any other official working with the Office of the President who knowingly transmits the re-nomination or re-appointment papers to the re-nominee or re-appointee shall suffer the penalty of imprisonment of six months imprisonment or a fine of not more than P100,000 or both. "A nominee or appointee who knowingly accepts a re-nomination or re-appointment in violation of this Act shall suffer the penalty of three months imprisonment or a fine of P50,000.00," the bill read. - Amita Legaspi, GMANews.TV