PBBM can’t appoint alien to Maharlika

THE Department of Justice (DOJ) has ruled that President Ferdinand “Bongbong” Marcos Jr. is barred under the Constitution from appointing a foreign national as an independent director of the Maharlika Investment Corporation (MIC).

In a seven-page legal opinion issued by Justice Undersecretary Raul Vasquez “by the authority of the Secretary of Justice,” the DOJ cited several provisions of the 1987 Constitution, which set the standards in holding public office, to support its position.

It noted that Section 1 of the Constitution states: “public officers and employees must at all times be accountable to the people, serve them with utmost responsibility, integrity, loyalty, and efficiency, act with patriotism and justice, and lead modest lives.”

Likewise, the DOJ cited Section 18 of the Constitution: “Public officers and employees owe the State and this Constitution allegiance at all times, and any public officer or employee who seeks to change his citizenship or acquire the status or an immigrant of another country during his tenure shall be dealt with by law.”

“While admittedly, the law is silent as to the nationality requirement of an independent director of the MIC, we are of the opinion that independent directors of the MIC must be citizens of the Philippines in order to be eligible for appointment by the President to such position,” the DOJ said.

The DOJ said “with the requirement of utmost and undivided allegiance to the State and the Constitution”, only Filipino citizens may become public officers and employees of the Philippine government.

On the other hand, the DOJ pointed out that a foreign national does not owe any allegiance to the Philippines and its Constitution.

“Hence, we are of the opinion that a foreign national cannot be legally appointed by the President as an independent director of the MIC,” the Justice department declared.

However, the DOJ said a Filipino citizen with dual citizenship at birth may be appointed as MIC’S independent director without the need for renouncing his or her foreign citizenship.

In the case of a natural-born Filipino citizen who was naturalized in another country, and later retained or re-acquired Filipino citizenship, that person may be appointed as an independent director of the MIC on the condition that he or she complies with the requirements imposed by the Republic Act 9225 (Citizenship Retention and Re-acquisition Act of 2003) and the corresponding rules and regulations issued by the Civil Service Commission (CSC).

The DOJ issued the legal opinion upon the request of Senior Undersecretary and head of Presidential Management Staff (PMS) Elain Masukat.

In her letter-request for a legal opinion dated November 30, 2023, Masukat noted that pursuant to Section 20, Article V of R.A. 11954, also known as the Maharlika Investment Fund Act, the MIC’S independent directors will be appointed by the President upon recommendation of the advisory body, for a one-year term.

However, Masukat noted that RA 11954 and its implementing rules and regulations (IRR) is silent on the citizenship requirement of the three independent directors while clearly stating that the MIC’S two appointive regular directors must be a Filipino citizen.