Attended the plenary session of the Commission on Appointments (CA). Senators Joker, Enrile, Biazon, Estrada, Cayetano, Lacson, Roxas and Legarda were there. I am not familiar with the contingents from the house. I could only recognize Reps Zialcita, Estrella and
Villar, Senate President and the Commission's Presiding Officer, announced that session will start shortly. He was just interviewed by the press. Media people were gradually dispersing from Villar’s cluster. He just finished bragging about the accomplishments of the Senate. It was also the last session day of the first regular session of the fourteenth congress. It will adjourn sine die that day (and will open on the State of the Nation Address of the president on July 28). He strategically timed the Commission’s plenary session on the last day as of to impress upon the members the urgency of the matters they have to decide on and to the Filipino people how everyone scurries at the last minute.
AFP nominees are up. The generals were all straightened up. Their names being called one by one by the CA staff, carefully attending to their seating arrangement depending on the order of their names in the list/agenda.
Gen. Yano was first. Rep Albano read out his (dis)qualifications. It took only a few minutes to go through all the laurels. No questions were asked. He was confirmed. Everyone extended their congratulations to the general.
Then the names of the 39 AFP officers were read out one by one. Confirmation followed. Then they made their rounds, kissing the CA members for the swift verdict.
Rep. Albano continued with his report. Next item in the agenda “Other matters.” Col Anquilo’s case.
Senator Joker raised an inquiry on the necessity of putting Anquilo in the agenda considering the questionable merits of his appointment. “Don’t pick on a man who is down,” he protested. “He’s already been rejected in the committee. His name should not have been included in the agenda. That’s putting salt to injury. Do we really have to rub it in?”
Biazon said
Joker said decision of the court martial is still appealable. Rejection was only at the committee level. Rejection need not be concurred at the plenary.
Debate’s intensifying. Okay, some diversion. Ah! There’s Zialcita! Haha. The same man who sang “Impossible Dream” at Ka Bel’s wake.
Okay, enough.
Gordon just arrived. Plaza said CA must have the backbone to reject [unqualified appointmentees]. Joker insisted CA en banc decision is final. With a raised voice and emphasizing that he did not want to belabor discussion on Anquilo, he inquired whether it was the body’s decision to “finalize” Anquilo’s rejection. (Note: He was the most passionate CA member defending/ does not want to act on Anquilo. Read: To maintain status quo is to keep Anquilo’s eligibility for re-appointment and confirmation at a later date.)
Loren inquired if there was a precedent- whether there has been a case when CA en banc has rejected anyone. Someone cited Butch Abad who was recommended by the committee but was rejected in the plenary.
Oh, that was enlightening. [Anquilo was rejected at the Committee. His case was reported at the plenary. Joker said the CA need not act on him so as not to finalize his rejection (although he was convicted by court martial). Thus, he is still eligible for re-appointment/promotion and confirmation at a later date.]
Since there was no motion re Anquilo, discussion on him was ended.
Next: Col. Abadilla case. MAM invoked section 20. malacanang did not renew his nomination. Lacson said it was a deliberate act of Malacanang, not an oversight. CA does not have jurisdiction on Abadilla since Malacanang did not renew his nomination. He is considered bypassed. Until he was renominated, CA has no business discussing him.
Joker: there’s a difference between recess and adjournment, nomination and ad interim appointment. Said the CA must distinguish.
These are the undisputed facts based on the discussion: Abadilla turned 55 on Dec 2. His nomination was transmitted and received by the Senate on December 4. There was a rule that the transmittal should have been sent to the CA prior to age 55 (age of retirement). His came two days later. Then the Congress went on recess. His nomination was not acted upon. By tradition, he was considered bypassed. Traditionally, bypassed nominations are re-nominated. Re-nominations are re-considered by the CA.
Now, Cayetano warned that taking the side of Sen Joker poses the danger of changing the time-honored CA rules/practice. Since what Senator Joker is asking is to act on Col Abadilla even though there was no renomination by Malacanang, all bypassed nominations may be acted upon by CA. Effectively, there will not be what is called “bypassed” nominations.
Gordon said the palace re-nominated everyone else except Abadilla.
Apparently, there were other bypassed nominations. Oh…
Zialcita reiterates the CA practice of acting only on re-nominations of by-passed officers.
Upon inquiry of Loren,
Gordon expressed his opinion that CA need not act on people not re-nominated by Malacanang.
Loren: why don’t we vote on it.
Gordon blamed the debate on Sadiarin. That’s whyAbadilla was not confirmed. He moved for Abadilla’s confirmation. (OMG! How sudden Gordon changes his mind!!!)
Lacson objected.
Biazon, Mar, Loren seconded the motion.
Cayetno maintains CA has no jurisdiction, thus he’s abstaining.
Gordon clarified he’s voting on substantial justice.
Lacson took the side of Cayetano. (Okay, they need to act together on this one.)
Session suspended.
Caucus. Caucus. I could not hear what was being discussed from where I was seated.
Lacson walked out.
Enrile arrived.
Enrile: There is a difference between nomination and ad interim appointment. Nomination is valid until adjournment. Congress just had a recess. It was not adjourned yet therefore, Abadilla’s nomination is still valid. Besides, it was not Abadilla’s fault that his nomination was not acted upon.
Move to divide the house.
Ten in favor. Zialcita against. Lacson’s vote was counted though he was not in the room. Cayetano abstained. Estrella took the side of Cayetano (no jurisdiction)
Villar said since the majority voted in favor of considering the nomination of Abadilla as still valid, CA may act on his confirmation.
Question of quorum.
Only members present can vote, the rules says. Thirteen actual votes are needed for a motion to be carried. Only ten voted in favor of the motion.
Zialcita (Majority Leader) said the required majority vote of all the members of CA was not attained.
Cayetano apologized that he was constrained to follow the law although he could see there was an injustice.
Enrile called the attention of Zialcita as Chair of Committee on Rules. He said there is a need to abolish Section 20 of the Rules of CA and to clarify the distinction between nomination and ad interim appointment.
Villar expressed empathy for Abadilla. He’s a victim of injustice, he said. But CA could not do anything but to follow the rules.
Loren: (following the trail of trapos) It’s not Abadilla’s fault that he was not confirmed. Felt sorry for the man who served his country well.
Session adjourned.
I’ve never seen a legislature so subservient to Malacanang.
I hope I have not lived long enough not to witness the day when our institutions would live up to their mandate and uphold their integrity and independence.
Amen.
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