POWER TO APPOINT

THE POWER TO APPOINT : 

THE POWER TO APPOINT Karina Constantino-David Racquel DG. Buensalida Forum on the Powers of the Presidency: Preventing Misuse and Abuse Asian Institute of Management, 30 January 2010

THE POWER TO APPOINT : 

THE POWER TO APPOINT The act of designating an individual who is to exercise the functions of a given office Includes the power to appoint in an acting capacity, to designate, to reassign/transfer and to discipline THE POWER TO APPOINT HAS BECOME THE POWER TO CONTROL

GOVERNMENT PERSONNEL : 

GOVERNMENT PERSONNEL CAREER NON-CAREER (89% or 1.3 m) (11% or .16 m) 1st = 28.4% Executive = .5% 2nd = 70.4% Elective = 13% 3rd = 1.3% Coterm, casual, contractual = 86.5%

A SYSTEM OF CHECKS AND BALANCES : 

A SYSTEM OF CHECKS AND BALANCES

THE PRESIDENT : 

THE PRESIDENT Presumption of: GOOD FAITH Self-imposed limits Motivated solely by public interest Choice of the best person for the job in terms of capacity, competence and character Limited by: Constitutional limitations (single positions, nepotism, CA, JBC) Civil Service Commission

A SYSTEM OF CHECKS AND BALANCES : 

A SYSTEM OF CHECKS AND BALANCES

THE CABINET : 

THE CABINET Collegial body, alter ego Provides advise The direct supervisors of most Presidential appointees BUT They are themselves Presidential appointees who “serve at the pleasure” of the President

THE BUREAUCRACY : 

THE BUREAUCRACY 1.4 million career personnel who enjoy security of tenure Rank and file have the right to organize into unions/associations President appoints approx. 10,000 officials (Justices and judges, Constitutional, Cabinet, ambassadors, GOCC/GFI heads and boards, AFP colonels to generals, PNP senior superintendents up, about 3,500 career officials from Director to Undersecretary, Prosecutors, etc.)

A SYSTEM OF CHECKS AND BALANCES : 

A SYSTEM OF CHECKS AND BALANCES

CONSTITUTIONAL CHECKS : 

CONSTITUTIONAL CHECKS Commission on Appointments Ad interim appointments Limited to Constitutional bodies (excluding the Ombudsman), cabinet, foreign service, AFP Largely political in nature Judicial and Bar Council At least 3 nominees per position But the members of the JBC are also Presidential appointees except for the representative of the legislature

CONSTITUTIONAL CHECKS : 

CONSTITUTIONAL CHECKS The Civil Service Commission should be the permanent check on appointments BUT, inconsistencies between and within provisions of the Constitution and laws PD 807 specifically provides for CSC to approve all appointments except those of Presidential appointees even if CSC had the authority to prescribe, enforce and amend rules and regulations without approval of the President

A SYSTEM OF CHECKS AND BALANCES : 

A SYSTEM OF CHECKS AND BALANCES

MEDIA AND PUBLIC OPINION : 

MEDIA AND PUBLIC OPINION THE FINAL CHECK ON THE PRESIDENT’S POWER TO APPOINT LIES IN ITS VERY SOURCE, THE PEOPLE UNFORTUNATELY, NOT MUCH EMPHASIS IS PLACED BY MEDIA ON THIS ISSUE ESPECIALLY SINCE APPOINTMENTS ARE OFTEN COMPLEX AND NOT IMMEDIATELY COMPREHENSIBLE

HOW THE POWER TO APPOINT IS MIS-USED AND ABUSED : 

HOW THE POWER TO APPOINT IS MIS-USED AND ABUSED WARPED PERSPECTIVES: PERSONAL LOYALTY ABOVE QUALIFICATIONS POLITICAL SPOILS ABOVE COMPETENCE APPOINTMENT AS REWARD CONTROL ABOVE PUBLIC SERVICE

Slide 15: 

AD INTERIM APPOINTMENTS An exception that is now the rule A failed check THIRD LEVEL APPOINTMENTS No checks No qualification standards More than 55.67% not eligible Undermining professionalization HOW THE POWER TO APPOINT IS MIS-USED AND ABUSED

Slide 16: 

EXCESS UNDERSECRETARIES AND ASSISTANT SECRETARIES (81) Politicization of the bureaucracy Undermining career paths APPOINTMENTS IN AN ACTING CAPACITY Mechanism of control “midnight” conversion into permanent positions HOW THE POWER TO APPOINT IS MIS-USED AND ABUSED

Slide 17: 

CALLING CARD SECRETARIES AND OTHER DESIGNATIONS (Presidential Advisers, Consultants, Assistants) Most with the rank of Secretary Vague, sometimes duplicating and even comical titles Duplication of functions, confusion Blurring the lines of accountability THE DESIRE LETTER HOW THE POWER TO APPOINT IS MIS-USED AND ABUSED

Slide 18: 

ABUSES IN THE POWER TO DISCIPLINE ABUSES IN PERSONNEL MOVEMENT FLOATING STATUS REPLACEMENT BY NON-ELIGIBLES AND POLITICAL APPOINTEES REASSIGNMENT AND TRANSFER HOW THE POWER TO APPOINT IS MIS-USED AND ABUSED

RECOMMENDATIONS : 

RECOMMENDATIONS There are a few laws that are necessary in order to remove the inconsistencies and lack of clarity that exist. But in the final analysis it is the character of the President, his/her honest dedication to public service and not just to power, that will spell the difference between decency and judiciousness on the one hand and mis-use and abuse on the other.

Slide 20: 

Thank You