Metro Manila, Philippines – Malacañang rejected Senator Imee Marcos’ criticism over the supposed practice of Cabinet officials serving in an acting capacity, saying President Ferdinand Marcos Jr. is exercising his constitutional prerogative and has not violated any law.
The Palace statement was in response to the senator questioning the dozen senior officials in acting capacity instead of going through the Commission on Appointments (CA).
Communications Undersecretary Claire Castro said in a Palace briefing that the president has the authority to designate officials in acting roles and follows the Constitution and due process in making appointments.
“Unang-una po, prerogative po ng pangulo iyan at tumutupad po ang pangulo sa batas. Kung nais nga po niya na lahat ay tumupad sa batas, due process, proseso. So, ang Pangulo po ay hindi lalabag sa batas.”
[Translation: First of all, that is the president’s prerogative, and the president follows the law. He wants everyone to observe due process and legal procedures, so the president will not violate the law.]
Castro also said the appointments are consistent with legal processes, citing Communications Office Secretary Dave Gomez as an official who already holds an ad interim appointment.
“So, sa ngayon po ay naaayon pa rin po ang pag-a-appoint sa mga acting secretary katulad po ni Secretary Dave Gomez, siya po ay ad interim appointee po as of July 10. So, wala pong nilalabag na anumang proseso, batas ang ating pangulo,” she said.
[Translation: For now, the appointment of acting secretaries remains in accordance with the law. Secretary Dave Gomez, for example, has been an ad interim appointee since July 10. The President is not violating any process or law.]
A regular appointment is made while Congress is in session and requires confirmation by the CA before it takes effect, whereas an ad interim appointment is made during a congressional recess and takes effect immediately.
When asked why several department heads continue serving in an acting capacity instead of receiving permanent appointments, Castro said the decision rests solely with Marcos.
The senator argued that permanent appointments should be submitted to the CA so lawmakers can exercise their constitutional oversight role.
“Dalawang taon na lang ang administrasyong ito, puro ‘ACTING’ lang lahat, mga OVER-ACTING NA!”
[Translation: This administration has only two years left, yet everyone’s still just ‘acting’ — they’re overacting now!]
Under the 1987 Constitution, permanent appointments in the Cabinet require CA consent. However, the president may designate officials in an acting capacity to temporarily head executive departments while no permanent appointee has been confirmed.
Acting appointments take effect immediately and do not require prior CA approval, while ad interim appointments must later on be submitted to the CA for confirmation or rejection.
