Marcoleta flags delays in CA scrutiny of acting Cabinet secretaries

Senator Rodante Marcoleta on Wednesday questioned why the Commission on Appointments (CA) had not yet received the appointment letters for at least eight acting Cabinet secretaries.

In his privilege speech, Marcoleta said that the 1987 Constitution compels the President to nominate or appoint heads of executive departments, among others, and submit their appointments to the CA.

Marcoleta, who is a member of the powerful bicameral commission, said that the following government agencies are still being led by acting secretaries who have not yet undergone CA scrutiny and confirmation:

- Office of the Executive Secretary

- Department of Finance

- Department of Public Works and Highways

- Department of Justice

- Department of Budget and Management

- Department of Environment and Natural Resources

- Department of Transportation

- Presidential Communications Office

“Hindi ito nga maliit o basta-bastang ahensya (these are not just small agencies), Mr. President. These are core institutions of our government. They control our money, they enforce our laws, they build our infrastructure, they defend sovereignty, and they speak for the President and the Republic,” Marcoleta said during the plenary session.

“They are alter egos of the President. Nevertheless, they are run by officials whose appointments or nominations have never been submitted to the commission on appointments for confirmation,” he added.

The neophyte senator said that the delay was not on the part of the CA, as some acting secretaries have been running their agencies for months now. 

He added that if President Ferdinand “Bongbong” Marcos Jr. indeed has confidence in his appointees, their appointment letters should have been immediately sent to the CA.

“Why are the key Cabinet members allowed to exercise full powers of their offices while never being presented before the CA for scrutiny? There can be many reasons, Mr. President, but one fact cannot be denied. This allows the executive to effectively create de facto permanent secretaries. This turns temporary designations into a tool of permanent power,” Marcoleta said.

While he clarified that there is nothing illegal about acting secretaries, he said that if the appointments of the government officials are withheld, “the constitutional safeguard is effectively destroyed.”

“There is nothing inherently illegal about an acting secretary. The law allows it; the continuity of the government demands it. But what is dangerous is when acting becomes permanent by design,” Marcoleta said.

“We need to ensure that those entrusted with immense power are fit, competent, and worthy of public trust, thus the rigorous deliberations conducted by the Commission. And when the Executive repeatedly relies on acting appointments, it weakens that constitutional safeguard and sends the wrong signal to the bureaucracy,” he added.

The CA is mandated to approve or disapprove appointments made by the President of the Philippines, the confirmation of which is required under the 1987 Constitution. —VBL, GMA Integrated News