Fourteen Cabinet members whose appointments have lapsed should relinquish their posts already because the 1987 Constitution said so. This was announced on Tuesday by Senate President Juan Ponce Enrile, the Commission on Appointments’ ex-officio chair, saying that these Department Secretaries no longer have the capacity to execute their official functions. "They should vacate not just because they have to vacate; it is the law that tells them to vacate. Their appointments have already lapsed. They can no longer sign documents, make appointments, decisions; they cannot perform functions of a Cabinet secretary," Enrile told GMANews.TV on Tuesday. Journalist Raissa Robles of the South China Morning Post first reported that the Commission on Appointments no longer confirmed the appointments of the following:
- Justice Secretary Alberto Agra
- Trade Secretary Thomas Aquino
- Health Secretary Esperanza Cabral
- Public Works Secretary Victor Asis Domingo
- Agriculture Secretary Bernie Fondevilla
- Defense Secretary Norberto Gonzales
- Energy Secretary Jose Ibazeta
- Budget Secretary Joaquin C. Lagonera Sr.
- Transport Secretary Anneli R. Lontoc
- Environment Secretary Horacio Ramos
- Labor Secretary Marianito Roque
- Economic Planning Secretary Augusto Santos
- Education Secretary Mona Valisno
- Social Welfare Secretary Celia C. Yangco
Section 15, Article VII of the 1987 Charter imposes a ban on appointments "two months immediately before the next presidential elections and up to the end of his term." Applied this year, the restricted period falls from March 10 to June 30. Appointments allowed by the Constitution are only "temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety." When the ban took effect last March 10, the bicameral body has not confirmed their appointments for their current positions. Section 16 of Article VII also states that "The President shall have the power to make appointments during the recess of the Congress... but such appointments shall be effective only until disapproval by the Commission on Appointment or until the next adjournment of the Congress." Because Congress adjourned session last Friday, this means that the 14 Cabinet members' mandates have already expired. On Tuesday, Enrile said the Cabinet men could be re-appointed, but by the next president. Department undersecretaries can take over their positions temporarily, Enrile added. "Kaya nandiyan ang undersecretaries. Gagawin lahat iyon [as] acting secretaries, acting officers-in-charge (That's what undersecretaries are for. They will serve as acting secretaries or officers-in-charge)," Enrile said.
The 14 secretaries will stay on, Palace says However, a Malacañang official already maintained that the concerned secretaries would retain their posts, which he said were crucial in rendering public service. On Monday, deputy presidential spokesperson Gary Olivar said the Cabinet Secretaries would bow out of office when Mrs. Arroyo steps down on June 30. "The 14 Cabinet members should continue with their mandated functions and duties until June 30 so long as they enjoy the trust and confidence of the President," Olivar said in a text message to GMANews.TV. "While it can be argued that their appointments lapsed when Congress adjourned last Friday pending their confirmation, the subject Cabinet members are needed by the administration during the interim period in order to avoid derailment of public service," he added. In separate phone interviews with GMANews.TV, Agra and Cabral both said they are leaving the matter to Malacañang. "I think [Deputy Presidential Spokesperson] Gary Olivar already issued an official statement. So if the Palace says we stay, then we follow that," Agra said.
- RJAB Jr./RSJ, GMANews.TV 
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