Lacson questions validity of Tourism chief's appointment

Sen. Panfilo Lacson has asked the Justice Department to advise newly-appointed Tourism Secretary Ramon Jimenez to first reexamine his appointment before performing his duties. "I think the DOJ [Department of Justice] should advise Mr. Ramon Jimenez to get out of the DOT compound fast before he starts signing any documents," Lacson said during Tuesday's Senate finance committee hearing on the proposed budget of the DOJ for 2012. Jimenez's appointment was announced last September 1. He replaced Alberto Lim, whose resignation took effect on August 31. Jimenez took his oath on Monday. But Lacson, a member of the powerful Commission on Appointments, said the President cannot issue ad interim appointments while Congress is still in session. He likewise said that Jimenez cannot take an oath of office if he has not yet been confirmed by the CA. "It is a nomination... he cannot formally take over until the CA confirms his appointment," he said. Justice Secretary Leila de Lima responded by saying that it would be "defensible" if Jimenez was appointed in an acting capacity. But Lacson countered that he did not hear Malacañang announce Jimenez's appointment as only in acting capacity. "He becomes liable for usurpation of authority... (he should just) wait for his confirmation," he said. De Lima said there was probably a need for Jimenez to immediately assume his office because there will be a "hiatus" in the position. But she agreed that there was something "objectionable or questionable" in Jimenez's appointment. Senate finance committee chairman Sen. Franklin Drilon, a former Justice chief and executive secretary, said that acting designations can only be issued to somebody who is already in government. Drilon said that what they used to do was appoint a prospective department head as a presidential adviser and then appoint him or her as a secretary in acting capacity. The appointment process According to the rules of the CA, regular appointments go through the following stages: nomination, consent, appointment, and acceptance by the appointive official. "What the President sends to the Commission is just a nomination. After the Commission has given its consent, the President issues the appointment. It is only when the last stage has been completed may the officer concerned take his oath of office," it said. Article VII Section 16 of the 1987 Constitution also empowers the President to issue ad interim appointments but only when Congress is not in session. This only goes through two stages: appointment and confirmation. "An ad interim appointment is permanent in nature and takes effect immediately. Thus, one who was issued an ad interim appointment may immediately enter upon the discharge of his functions," it said. However, it also said that an ad interim appointment will become invalid upon the disapproval of the CA. — RSJ/MRT, GMA News