Palace: New DOT chief’s appointment ‘proper, legal’

Malacañang on Tuesday expressed confidence on the legality of the appointment of acting Tourism Secretary Ramon Jimenez following criticism from Sen. Panfilo Lacson. “I believe that the appointment was proper and legal," said Ricky Carandang, head of the Presidential Communications Development and Strategic Planning Office, at a press briefing. “If Senator Lacson has issues, I understand Secretary Jimenez will be at the Senate tomorrow (Wednesday) to attend the budget hearing and those issues can be clarified between Senator Lacson and Secretary Jimenez," he added. Jimenez, whose appointment was announced September 1, took his oath of office before President Benigno Aquino III on Monday. During Senate finance committee’s hearing on the proposed budget of the Department of Justice for 2012, Lacson said Jimenez should first re-examine his appointment before performing his duties. He said the President cannot issue an ad interim appointment while Congress is in session, and that the appointee cannot take an oath of office if he has not yet been confirmed by the Commission on Appointments. Carandang, who said Jimenez was appointed only in an acting capacity, said the Palace legal team already studied the implication of the appointment. “That was vetted by the legal team of the Palace and I understand kaya nga siya na-appoint in an acting capacity dahil nga Congress is in session." he said. 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. - KBK, GMA News