Statement of

CLARO S. CRISTOBAL
Spokesperson
Department of Foreign Affairs

25 February 2007

The Department of Foreign Affairs notes with much appreciation the column of Ambassador Ramon J. Farolan (Inquirer, 12 February 2007), and reemphasizes previous Department statements that the appointment and assumption of Ambassador Hilario G. Davide Jr. and the recall of Ambassador Lauro L. Baja Jr. are legal and valid. 

          The appointment and assumption to duty of Honorable Davide as Philippine Permanent Representative to the United Nations in New York are valid following the doctrine set by the Supreme Court in Matibag v. Benipayo, when it stated:   

“Whether the President chooses to nominate the prospective appointee or extend an ad interim appointment is a matter within the prerogative of the President because the Constitution grants her that power.  This Court cannot inquire into the propriety of the choice made by the President in the exercise of her constitutional power, absent grave abuse of discretion amounting to lack or excess of jurisdiction on her part ….” 

The Constitution imposes no condition on the effectivity of an ad interim appointment; thus, an ad interim appointment takes effect immediately.  The appointee can at once assume office and exercise, as a de jure officer, all the powers pertaining to the office.

          The recall of Ambassador Baja is also valid.  As a political appointee, he serves at the pleasure of the President.  As such, there is no requirement for advance notice to him of his recall, unlike in the case of career officials, as held by the Supreme Court in Astraquillo v. Manglapus, (October 3, 1990, G.R. No. 88183), when it said:

            “Consequently, the termination of their connection with the Foreign Service was not dependent on proof of some legally recognized cause therefor, after due notice and hearing – as in the case of career officers and employees – but lay entirely within the will of the President, in the exercise of her discretion, and her determination of the wisdom, necessity or convenience of such a step in the national interest, actually a political decision.”

Nonetheless, Ambassador Baja was given formal and effective prior notice through the following:  

1. Ambassador Davide was sworn into office as the new Philippine Permanent Representative to the United Nations in New York on 14 January 2007 in a public ceremony that was very widely reported in the media.

2. An order reassigning Ambassador Baja to the Home Office was transmitted to him on 18 January 2007.

3. Foreign Secretary Alberto G. Romulo personally informed Ambassador Baja of the President’s decision during his visit to New York last January.  And, 

4. Secretary Romulo informed the United Nations Secretary General of the President’s appointment of Ambassador Davide on 18 January 2007.  Ambassador Baja was with Secretary Romulo on that occasion.  Moreover, there was absolutely nothing to lobby the UN Secretary General with regard to the Davide appointment.

5. It is also true that since April 2006 last year the President had nominated former Chief Justice Davide to be the Permanent Representative of the Philippines to the United Nations as known to members of Congress and extensively reported in the media.

        With his outstanding credentials as a legislator, COMELEC Chairman, member of the 1971 Constitutional Convention and the Constitutional Commission, member of the Supreme Court, and Chief Justice of the Philippines, Ambassador Davide brings to his new office a wealth of experience and dedicated service.  The Department of Foreign Affairs is confident that Ambassador Davide will bring honor and true service to the country as its new Ambassador to the United Nations. END

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