Tourism chief asks court to boot out Barbers from PTA

MANILA, Philippines - Tourism Secretary Joseph "Ace" Durano is asking a Manila court to boot out Philippine Tourism Authority general manager Robert Dean Barbers, saying that Barbers' term has already ended. In a seven-page petition for certiorari and mandamus filed through the Office of the Solicitor General, Durano asked the Manila regional trial court to order Barbers to vacate the PTA offices as he has been already served his six-year term at the helm of the tourism office on April 5, 2008. "The latter's continued refusal to vacate the subject office despite the clear and unmistakable right of petitioner thereto is a material and substantial invasion of the latter's right. Clearly, there is an urgent and paramount necessity for the issuance of a writ of preliminary mandatory injunction to prevent serious damage to petitioner," Durano said through Solicitor General Agnes Devanadera. Durano, who now holds the PTA posts in his concurrent position as incumbent Tourism Secretary, also asked the Court to take judicial notice of the Supreme Court's January 28, 2008 ruling on the Nixon Kua vs Robert Dean Barbers case, which affirmed the legality of the latter's appointment as PTA general manager. Kua was an appointee of former President Joseph Estrada. The tourism chief also asked the Manila court to "issue a temporary restraining order prohibiting Barbers from exercising the powers of the subject office, and later after hearing, a writ of preliminary mandatory injunction commanding respondent to cease and desist from usurping the Office of the General Manager of the PTA." Records show that on November 12, 2002, President Arroyo appointed Barbers as GM and CEO of the PTA to replace Nixon Kua, an appointee of former President Joseph Estrada, who went on to finish the term of erstwhile PTA manager Angelito Banayo. This was contested by Kua who told the court that his six-year term had not yet expired and therefore, there was no vacancy in the position at the time Barbers was appointed. The refusal of Kua to vacate his office prompted Barbers to file a case in court. The Supreme Court, however, rejected the argument and issued a ruling on January, 2008. In it, the high court said that Kua's term ended on April 5, 2002 and that Barbers' term should have started on that date. With the SC decision, Barbers took his oath of office and assumed the position. According to Durano, he was designated as Acting GM/CEO of PTA in concurrent capacity as Secretary of DOT on April 6, 2008, after the expiration of Barber's term on April 5, 2008. On April 30, 2008, Executive Secretary Eduardo Ermita transmitted the designation letter dated April 6, 2008. On May 2, 2008, Officer-In-Charge, Administrative Service Director Evelyn Cajigal of the DOT transmitted the letter of Ermita together with the designation letter dated April 6, 2008 of petitioner to respondent. However, Durano claimed Barbers unlawfully held the subject position, on the argument that his appointment stated that his term would expire on October 3, 2008. But Durano would not accept this, saying that the term of the PTA general manager was extensively discussed in the SC case where Barbers was one of the parties and was the one who sought clarification from the court. "This finding was based on the application of Sections 15, 16 and 23-A of PD 564 as amended by PD 1400. In essence, the high court stated that the General Manger appointed to fill a vacancy occurring prior to the expiration of the team of his predecessor shall serve only for the unexpired team of the latter," Durano told the Manila court. Thus, Durano said, Barber's term as PTA general manager expired on April 5, 2008, not October 3, 2008. Barbers, for his part, said in an interview with reporters that the petition is now moot and academic as he has already left office since Monday, albeit the absence of a formal turnover. "There is no need for a TRO. I call the case funny and surprising. There was no formal turnover, but that's okay. It's the end of the line for me. I'm not sticking to my post," he said, adding that he has already written the President to thank her for her support. - GMANews.TV