Lawyer questions composition of BCDA board

A lawyer questioned yesterday the composition of the board of directors of the Bases Conversion Development Authority (BCDA).

Speaking to reporters, Howard Calleja said the current setup where Felicito Payumo sits as chairman and Arnel Paciano Casanova as president and CEO violates Republic Act 7227.

The law creating the BCDA provides for just one head of the board of directors, he added.

Calleja said Section 9 of RA 7227 states: “The powers and functions of the Conversion Authority shall be exercised by a Board of Directors to be composed of nine (9) members” with “a full-time chairman who shall also be the president of the Conversion Authority.”

“It is apparent that there is dual appointment for a single position under the law,” he said. “And this is now being violated.”

At present, the BCDA has eight board directors: Casanova, Payumo, Zorayda Amelia Alonzo, Teresita Desierto, Ma. Aurora Geotina-Garcia, retired Vice Admiral Ferdinand Golez, Elmar Gomez and Maximo Sangil.

Calleja accused Casanova of usurping authority in assuming the top BCDA post.

“Mr. Casanova not only usurped the authority of the chairman, but also usurped the functions and responsibilities of Chairman Payumo as he performed acts which pertain to the chairman of the BCDA and even represented himself that he had full authority to assume the position of president of BCDA, but in truth and in fact he assumed a position without color of law,” he said.

Calleja accused Casanova of violating Article 177 of the Revised Penal Code (usurpation of authority) and Section 13 of R.A. 3019 (Anti Graft and Corrupt Practices Act) and dishonesty, grave misconduct and conduct prejudicial to the best interest of the service.

“All acts performed by Mr. Casanova while acting as president should not be given due course, and all issuances, orders, agreements or contracts entered into by Mr. Casanova while sitting as president should be rendered void as he performed acts pertaining to the chairman of the BCDA without being lawfully entitled to do so,” he said.

“Consequently it is not president Casanova’s appointment that should be recognized, but chairman Payumo’s, as the law provides that the appointed chairman of the Board should act as the president and chief executive officer. That being clarified, all acts of president Casanova from the time of his appointment should be declared invalid and without color of law as his acts stems from an invalid appointment.”

President Aquino appointed Casanova in April last year.