Purge the incompetents in government

IN last week’s column, “The president is the people who work for him,” I emphasized that the “qualities of individuals appointed by the President to serve in government are crucial for effective governance and the successful implementation of his Bagong Pilipinas policies. The performance of these men and women reflects on who the president is.”

It asked — “How can the president build a competent, accountable and transparent government that works in the best interests of the public when he is contented with a shallow bench?”

Perhaps, something is in the works this time.

Memorandum from PMS

The head of the Presidential Management Staff (PMS), senior undersecretary Elaine Masukat, purportedly issued on Feb. 2, 2024 an unnumbered memorandum with the subject “Submission of updated documentary requirements by presidential appointees.”

In the memorandum, the PMS directed all incumbent presidential appointees appointed before Feb. 1, 2023, to submit their updated personal data sheet and clearances from the Civil Service Commission, National Bureau of Investigation, Office of the Ombudsman and the Sandiganbayan, within 30 days from the memo’s issuance, or before March 3, 2024.

The one-page memorandum simply required those two things. However, newspaper reports amplified and brought forth issues related to it. One mainstream newspaper claimed that the “directive covers presidential appointees from June 30, 2022 to Jan. 30, 2023.” I cannot see those inclusive dates in the memorandum. There was even speculation that the memorandum was meant to purge the appointments made by the former executive secretary Vic Rodriguez.

I find it odd that the reckoning date was set to Feb. 1, 2023. Should it not be 2024 instead? I believe it was a mere typographical error — it should be 2024 and not 2023. If it was not a typographical error, then what set apart those appointments from Feb. 1, 2023 to February 1, 2024? There is something strange in these dates, which the PMS should clarify to the public.

The starting date of June 30, 2022 is readily obvious; it is the date when President Ferdinand Marcos Jr. assumed office.

Supposing that the “directive covers presidential appointees from June 30, 2022 to Jan. 30, 2023” is correct, then the next appurtenant issue here is what about those appointed during the tenure of former president Rodrigo Duterte? A number of those presidential appointees are still on a “holdover capacity,” meaning they have not been replaced yet even though their term of office was co-terminus with that of the former president. Moreover, I know that a handful of officials appointed by the late President Benigno Aquino 3rd are still on board. Are those appointive officials (i.e., appointed by former presidents) exempted from complying with the PMS memorandum?

Responsibilities of PMS

The PMS serves as the primary support unit of the Office of the President (OP). Its main function is to assist the president in coordinating, monitoring and evaluating the implementation of policies, programs and projects of the government. It serves as a key link between the OP and other government agencies, ensuring alignment and coherence in government actions and priorities.

The administrative support services provided by the PMS to the OP includes that of human resource management in the public service area.

A colleague asked me if the PMS could rescind appointments already made by the president. Yes and no.

The authority of the PMS to rescind or revoke appointments made by the president is limited. The power to appoint and remove those government officials typically rests with the president, subject to constitutional and legal constraints.

In our jurisdiction, appointments made by the president are generally considered acts of executive discretion, and the president holds the authority to appoint individuals to various government positions, subject to confirmation procedures, if applicable. However, once an appointment is made and duly confirmed (if required), it becomes legally binding unless revoked or rescinded through appropriate legal processes.

While the PMS may provide advice and recommendations to the president regarding appointments, it does not have the inherent authority to unilaterally rescind appointments made by the president. Any decision to revoke or rescind appointments would likely require formal action by the president (or his duly authorized alter ego such as the executive secretary) while ensuring adherence to established legal and administrative procedures.

Ultimately, the president, as the chief executive and appointing authority, holds the primary responsibility for decisions regarding appointment and removal of government officials, and any action taken by the PMS would likely be in support of the president’s directives and decisions rather than independent actions to rescind appointments.

Whatever means taken, the incompetents in the government should be purged the soonest.