Vetting Cabinet appointees

On Friday, President Marcos Jr. reappointed Trade Secretary Alfredo Pascual after he and Social Welfare Secretary Erwin Tulfo were bypassed by the Commission on Appointments before it adjourned last week for a monthlong holiday break.

“The President is confident that Secretary Pascual can wholeheartedly fulfill his mandate for the country,’’ said a Malacañang statement on Saturday that has photos of Pascual taking his oath before the President. There was no statement if Tulfo would likewise be reappointed.

Pascual and Tulfo were bypassed by the CA twice—first in September, along with 12 other Cabinet appointees, and on Dec. 14 when Congress adjourned its regular session for the year.

Surigao del Sur Rep. Johnny Pimentel and Sen. Imee Marcos posed objections to Pascual’s appointment supposedly for “lying” about his hand in the leadership row at the Philippine Economic Zone Authority, an agency attached to the Department of Trade and Industry.

While this issue is likely to be resolved, the issues hounding Tulfo are far more serious.

Senate President Juan Miguel Zubiri, who heads the CA, cited Tulfo’s conviction for libel in 2000, and lingering issues about his citizenship.

“The [libel] conviction has a legal implication because the CA has never confirmed anyone with a conviction by final judgment,’’ Zubiri said. He noted that the Supreme Court, in its rulings, has declared that libel is an offense involving moral turpitude.

But the more disturbing issue against Tulfo is his US citizenship, which he acquired in 1988 and supposedly renounced only earlier this year in view of his appointment to the Cabinet. Caloocan City Rep. Oscar Malapitan disclosed that Tulfo was a member of the US military from 1988 to 1992. Sagip Rep. Rodante Marcoleta said records showed Tulfo was in “active military service stationed in Europe” from 1992 to 1996.

Malapitan asked Tulfo if he renounced his Filipino citizenship when he enlisted for the US military. According to reports, Tulfo did not directly answer the question and instead asked for a closed-door session during the CA’s hearing on Nov. 22. Apparently, that question was not answered as the CA adjourned its closed-door session after an hour and deferred Tulfo’s confirmation.

Tulfo told reporters he “cannot divulge” the details of his US military service.

Saying he had anticipated the issue to be raised at the hearing, Tulfo claimed he brought documents to prove his Filipino citizenship. So why wasn’t he more forthcoming about it during the CA hearings? What’s so secret about his citizenship that the former tough-talking broadcaster, who had disparaged many personalities in his shows, was uncharacteristically mum about it?

Yet Zubiri said the CA was giving Tulfo “more leeway” to hurdle the issues hounding him. He added that the CA will invite incumbent and retired justices to weigh in on Tulfo’s case.

Has the CA forgotten the embarrassment caused by the US citizenship issue of the late Perfecto Yasay Jr., who was appointed foreign secretary of the Duterte administration? Yasay declared before the CA that he had never acquired US citizenship, but an exposé in this paper on Feb. 27, 2017, showed that he did acquire a US passport and took his oath as a US citizen in 1986. He also failed to officially renounce his US citizenship and formally reacquire his Filipino citizenship as required by law. Following the report, the CA voted unanimously to reject Yasay’s confirmation, the first Duterte appointee to be rejected by the commission.

Reacquiring Philippine citizenship involves a formal process—an individual must appear in person before a US consular official outside the US to sign an oath of renunciation, file a petition for retention/reacquisition of Philippine citizenship at the Bureau of Immigration, and take an oath of allegiance to the Philippines. Has Tulfo done this prior to his appointment to the Marcos Jr. Cabinet? Apparently not, since he could not provide an honest answer, leading the CA to bypass him twice.

Could this also be the reason why the President has not immediately reappointed him?

In several instances, Mr. Marcos has demonstrated that he would not tolerate unfit appointees. He has fired a number of them, including his alter ego at the Department of Agriculture who was implicated in an unauthorized sugar importation. The President also replaced the controversial National Irrigation Administration officer in charge Benny Antiporda who was suspended by the Ombudsman for grave misconduct after NIA officers and employees accused him of harassment and oppression.

The CA is therefore not under any obligation to bend over backward and modify its constitutional mandate to thoroughly vet Cabinet appointees just to suit certain individuals, no matter how popular or well-connected they are. For sure, the President has a deep bench from where he could choose appointees who have the proper credentials to preserve the integrity and harmony in his official family.