Incoming Transportation Secretary Joseph Emilio Abaya may not quite be able to act immediately on the Light Rail Transit Authority's “wish list” to install screens at stations to prevent suicide attempts on the tracks, Malacañang admitted Sunday.

Deputy presidential spokesperson Abigail Valte said Abaya may not be able to assume his new post until the Commission on Appointments confirms him.

“From what I understand kailangan muna sila i-confirm ng CA bago they can assume the post. Congress is in session so may mga legalities na kailangan sundin,” Valte said on government-run dzRB radio.

For now, Valte said the Palace may bring the wish list to Abaya’s attention, or to the attention of the Department of Transportation and Communications’ undersecretaries.

Last Friday, President Benigno Aquino III named Abaya to head the DOTC, replacing Manuel Roxas II.

Roxas was named head of the Department of Interior and Local Government to replace the late Jesse Robredo, who died in a plane crash off Masbate on August 18.

Earlier reports had said the LRTA wants screens installed in LRT stations to prevent people from getting too near the trains, and from jumping onto the tracks.

A woman did just that at LRT-1’s EDSA station last week. She was hit by an oncoming train and died. The incident disrupted the LRT’s operation.

Presidential appointment

Under Sec. 16, Article VII of the 1987 Constitution, the president can nominate and appoint the heads of executive departments, “with the consent of the Commission on Appointments.”

But the Constitution also said the President shall have the power to make appointments “during the recess of the Congress, whether voluntary or involuntary.”

Such appointments shall be effective only until after disapproval by the CA or until the next adjournment of the Congress, the Constitution added.

The Supreme Court said that when Congress is in session and the President nominates, “only upon the consent of the Commission on Appointments may the person thus named assume office.” This is in contrast to ad interim appointments, which take effect at once.

For now, Valte said Roxas is still head of the DOTC.

“Hindi sila makapalit dahil di pa, pag in session ang Congress na-appoint ang kalihim, hindi siya maka-assume hanggang hindi confirmed ng CA. Kaya umapela ang pangulo sa CA na i-tackle agad ang dalawang nominado niya sa DILG at DOTC,” she said. — BM, GMA News