1/30/10

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

© 2010 Karina David

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

© 2010 Karina David

1
 1/30/10

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%
© 2010 Karina David

A SYSTEM OF CHECKS AND

BALANCES

PRESIDENT

© 2010 Karina David

2
 1/30/10

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

© 2010 Karina David

A SYSTEM OF CHECKS AND

BALANCES

CABINET &
BUREAUCRACY

PRESIDENT

© 2010 Karina David

3
 1/30/10

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
© 2010 Karina David

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.)

© 2010 Karina David

4
 1/30/10

A SYSTEM OF CHECKS AND

BALANCES

CONSTITUTIONAL
CHECKS

CABINET &
BUREAUCRACY

PRESIDENT

© 2010 Karina David

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

© 2010 Karina David

5
 1/30/10

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

© 2010 Karina David

A SYSTEM OF CHECKS AND

BALANCES

MEDIA & PUBLIC

OPINION

CONSTITUTIONAL
CHECKS

CABINET &
BUREAUCRACY

PRESIDENT

© 2010 Karina David

6
 1/30/10

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

© 2010 Karina David

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

© 2010 Karina David

7
 1/30/10

HOW THE POWER TO APPOINT

IS MIS-USED AND ABUSED

•! 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
© 2010 Karina David

HOW THE POWER TO APPOINT

IS MIS-USED AND ABUSED
•! 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

© 2010 Karina David

8
 1/30/10

HOW THE POWER TO APPOINT

IS MIS-USED AND ABUSED
•! 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
© 2010 Karina David

HOW THE POWER TO APPOINT

IS MIS-USED AND ABUSED

•! ABUSES IN THE POWER TO

DISCIPLINE
•! ABUSES IN PERSONNEL MOVEMENT
–!FLOATING STATUS
–!REPLACEMENT BY NON-ELIGIBLES AND
POLITICAL APPOINTEES
–!REASSIGNMENT AND TRANSFER

© 2010 Karina David

9
 1/30/10

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.
© 2010 Karina David

Thank You

© 2010 Karina David

10