Lotilla should be allowed to sit as Energy chief –Gatchalian

Despite Raphael Perpetuo Lotilla having worked in the energy industry before being nominated as the next Department of Energy Secretary, Senator Sherwin Gatchalian believed that Lotilla should nevertheless be allowed to sit as the next DOE chief.

"As far as I'm concerned... the law prohibits an officer [in the energy industry to serve as secretary], and my interpretation of an officer is someone who is directly managing the company. Former Secretary Lotilla is a director. So meaning, he doesn't have any direct management responsibilities in those companies that were mentioned," Gatchalian said Tuesday on ANC.

"He just provides director advice, director participation. So in my interpretation, he should be allowed to sit as secretary of Energy," he added.

On Monday, Press Secretary Trixie Cruz-Angeles said President Ferdinand "Bongbong" Marcos Jr. nominated Raphael Perpetuo Lotilla to serve as Secretary of Energy under his administration.

However, Angeles said Lotilla's appointment would depend on clarification of his employment status as an independent director of Aboitiz Power and Enexor.

Section 8 of RA 7638 or the Act Creating the Department of Energy says, “No officer, external auditor, accountant, or legal counsel of any private company or enterprise primarily engaged in the energy industry shall be eligible for appointment as Secretary within two (2) years from his retirement, resignation, or separation therefrom."

According to Gatchalian, Lotilla's post in the private companies was required by the Securities and Exchange Commission and the Philippine Stock Exchange and he was only hired to provide independent policies and suggestions.

The lawmaker, who was the chairman of the Senate Committee on Energy in the 18th Congress, said he was inclined to file a bill that would relax the Department of Energy Act provision, explaining that the country only had a handful of energy experts and most of them work for the private sector.

In the Philippines, Gatchalian said energy experts could only be sourced from the academe and the private sector. The government would be "at a disadvantage" if the law prohibited these experts from becoming public servants.

By filing his bill, the senator said it would balance the government's need for experts in the energy sector and the need to prevent conflicts of interest and undue disadvantage.

Easy to hire, difficult to fire

Meanwhile, Gatchalian defended Marcos from criticisms that his process of appointing his secretaries was slow.

"I've been in the management position for 30 years. It takes time to hire the right people. It's easy to hire, it's difficult to fire. So you have to get it right the first time," he said.

In the Philippines, Gatchalian noted that it was difficult to hire talent as there was a hesitancy in working for the government, especially in some posts where the salary is lower compared to the private sector.

"So getting the right talent is also a big challenge. So I wouldn't put an immediate timeframe for the hiring of secretaries because these are very crucial positions, and they have to get it right the first time," he said. — Hana Bordey/DVM, GMA News