Leaders Forum
Leaders Should be Truthful
I congratulate ABS-CBN ANC and Ateneo for organizing the Leaders Forum. But I suggest that in the next forum more hard balls than soft lobs be thrown at the “Presidentiables.” And the host should be quick to refute anyone who was caught fibbing.
For instance, Senator Richard Gordon caused me to sit up when he implied that the reason for his ouster from the position of Chairman/Administrator of SBMA was personal vendetta by President Joseph Estrada. Gordon said that he picked up a cigarette butt thrown carelessly by Estrada when the latter visited Subic, and the latter took offense. If Gordon was ousted illegally, it follows that my appointment to replace him was not only improper but also illegal.
Senator Gordon is known for talking fast but he shouldn’t be equally fast and loose with his “facts.” We do not know if the cigarette butt incident really happened, but true or not, he could not have been ousted if his hold to the position was legally tenable. May I refresh his memory in case he has already forgotten that it was the Supreme Court, by a vote of 13-0, that affirmed the Court of Appeals decision that “petitioner’s (Gordon‘s) right to the office of Chairman/Administrator of SBMA is not merely dubious and disputed but tainted with nullity…that petitioner’s plea for a writ of preliminary injunction to stop his ouster and replacement cannot be granted.”
Earlier, the RTC of Olongapo City, Judge Alicia L. Santos, denied petitioner’s plea for a preliminary injunction.
The chronology of events are as follows:
On February 2, 1998, Gordon, in a bid to seek a higher office, tendered his irrevocable letter of resignation as SBMA Chairman to President Ramos.
On February 7, 1998, President Ramos accepted his resignation.
On February 9, 1998, Gordon accomplished a certificate of candidacy for “President” of the Philippines but did not file it, claiming he was persuaded by his supporters to remain as SBMA Chairman.
On February 10, 1998, the following day, President Ramos reappointed Gordon as Chairman of SBMA for a term of (another) six (6) years.
The Court said that “Gordon’s change of mind is of no consequence. He ought not to hold public office, resign and shortly get a reappointment at his own pleasure by invoking the clamor of volunteers, Olongapo and Subic residents, as if SBMA belongs only to them and not to the nation at large.”
The Court also said that the February 10, 1998 appointment purporting to extend to petitioner another six (6) years was made before the expiration of the original six- year term “that ostensibly
abbreviated his first term but in reality, it stretched his hold to the position beyond the time fixed by statute.” The Court pointed out that in case of removal or resignation of the Chairman/Administrator of SBMA or any office with a term fixed by the Constitution or by statute, the replacement shall serve only the unexpired portion of the term,” (underscoring mine) which, in Gordon’s case, was June 30, 1998 at the latest. “Otherwise, it would set an unwholesome precedent in the public service where all that an official with a fixed term has to do to unduly extend his ‘service’ is to smartly resign before the expiry of his term and then promptly obtain a reappointment for another full term.”
“It is a universal fiat that what cannot be lawfully done directly, cannot be done indirectly.”
President Estrada could have, of course, reappointed Gordon. That the President did not was his prerogative and Gordon’s direct defiance, which he now calls mere “assertion,” is now part of jurisprudence and history.
A separate concurring opinion of the Court is also instructive with respect to the members of the board of the SBMA. The six -year term of office fixed in the provision of R.A. 7227 is not only for the Chairman but also, for the members of the board. “Evidently, the law contemplates the appointment of a complete set of governing functionaries headed by a chairman, with a common and synchronized term of office fixed by law at six years.”
The incumbent President would be well advised to refrain from giving in to any of the present board members of SBMA who may seek an appointment from her for another six years. That prerogative belongs to the incoming President of the Republic.
Felicito C. Payumo
Former Chairman/Administrator
SBMA
For instance, Senator Richard Gordon caused me to sit up when he implied that the reason for his ouster from the position of Chairman/Administrator of SBMA was personal vendetta by President Joseph Estrada. Gordon said that he picked up a cigarette butt thrown carelessly by Estrada when the latter visited Subic, and the latter took offense. If Gordon was ousted illegally, it follows that my appointment to replace him was not only improper but also illegal.
Senator Gordon is known for talking fast but he shouldn’t be equally fast and loose with his “facts.” We do not know if the cigarette butt incident really happened, but true or not, he could not have been ousted if his hold to the position was legally tenable. May I refresh his memory in case he has already forgotten that it was the Supreme Court, by a vote of 13-0, that affirmed the Court of Appeals decision that “petitioner’s (Gordon‘s) right to the office of Chairman/Administrator of SBMA is not merely dubious and disputed but tainted with nullity…that petitioner’s plea for a writ of preliminary injunction to stop his ouster and replacement cannot be granted.”
Earlier, the RTC of Olongapo City, Judge Alicia L. Santos, denied petitioner’s plea for a preliminary injunction.
The chronology of events are as follows:
On February 2, 1998, Gordon, in a bid to seek a higher office, tendered his irrevocable letter of resignation as SBMA Chairman to President Ramos.
On February 7, 1998, President Ramos accepted his resignation.
On February 9, 1998, Gordon accomplished a certificate of candidacy for “President” of the Philippines but did not file it, claiming he was persuaded by his supporters to remain as SBMA Chairman.
On February 10, 1998, the following day, President Ramos reappointed Gordon as Chairman of SBMA for a term of (another) six (6) years.
The Court said that “Gordon’s change of mind is of no consequence. He ought not to hold public office, resign and shortly get a reappointment at his own pleasure by invoking the clamor of volunteers, Olongapo and Subic residents, as if SBMA belongs only to them and not to the nation at large.”
The Court also said that the February 10, 1998 appointment purporting to extend to petitioner another six (6) years was made before the expiration of the original six- year term “that ostensibly
abbreviated his first term but in reality, it stretched his hold to the position beyond the time fixed by statute.” The Court pointed out that in case of removal or resignation of the Chairman/Administrator of SBMA or any office with a term fixed by the Constitution or by statute, the replacement shall serve only the unexpired portion of the term,” (underscoring mine) which, in Gordon’s case, was June 30, 1998 at the latest. “Otherwise, it would set an unwholesome precedent in the public service where all that an official with a fixed term has to do to unduly extend his ‘service’ is to smartly resign before the expiry of his term and then promptly obtain a reappointment for another full term.”
“It is a universal fiat that what cannot be lawfully done directly, cannot be done indirectly.”
President Estrada could have, of course, reappointed Gordon. That the President did not was his prerogative and Gordon’s direct defiance, which he now calls mere “assertion,” is now part of jurisprudence and history.
A separate concurring opinion of the Court is also instructive with respect to the members of the board of the SBMA. The six -year term of office fixed in the provision of R.A. 7227 is not only for the Chairman but also, for the members of the board. “Evidently, the law contemplates the appointment of a complete set of governing functionaries headed by a chairman, with a common and synchronized term of office fixed by law at six years.”
The incumbent President would be well advised to refrain from giving in to any of the present board members of SBMA who may seek an appointment from her for another six years. That prerogative belongs to the incoming President of the Republic.
Felicito C. Payumo
Former Chairman/Administrator
SBMA
