Saturday, May 29, 2010

Palace defends midnight reappointments to PAGCOR

MANILA, Philippines -- MalacaƱang defended the re-appointment of Philippine Amusement and Gaming Corporation (Pagcor) chairman Efraim Genuino, together with 4 board directors.

According to Presidential Management Staff (PMS) secretary Elena Bautista, Presidential Decree 1869 or the Pagcor charter allows the re-appointment of the chairman and board of directors every year.

Critics of President Arroyo opposed the re-appointment saying this could give the outgoing administration access to Pagcor's P17-billion fund.

Bautista also said this was no midnight appointment since the president signed the appointment documents on March 9 -- a day before the appointment ban began.

“Kaunting palugit ang naibigay sa amin. Pinag-aralan naman din po ito,” said Bautista.

But according to constitutionalist Fr. Joaquin Bernas, it is not only the appointment date that should be considered but also the date in which the appointment was accepted.

“It's [appointment] completed by acceptance,” said Bernas.

Bernas added these appointments are also against the spirit of the Constitution, which bans midnight appointments.

“An outgoing president is just a caretaker,” he said.

Prof. Marvic Leonen, dean of the University of the Philippines (UP) College of Law, said the re-appointment was completely unconstitutional.

“The appointments made by GMA to the board members of Pagcor and the chair of Pagcor is unconstitutional and may be challenged by the incoming president,” he said.

Bautista said the re-appointment is just for one year, after which the new president can choose a new chairman and board of directors.

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