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Chasing the Wind: Assessing Philippine Democracy
challenge is exasperating in view of the fact that in 2001, the government with
the support of civil society and the World Bank launched an action plan to
combat corruption amid the optimism and hope for the new administration
installed through EDSA 2 (“Combating Corruption in the Philippines: An
Update” World Bank September 30, 2001). The anti-corruption action plan failed
to stop the Fertilizer Scam and the NBN-ZTE scandal.
Appointment Power
Another power of the President that has been employed as delegative
authority and hence abused is the power to appoint high officials in
government. Executive power carries with it the power to appoint. The
President is given free rein in bringing his trusted aides to serve with him in
government. Members of his cabinet who are the extension of his official
personality are appointed or removed from office at his sole discretion. This
rationale has been extended to include the other high-ranking officials in the
executive branch of government. These officials include undersecretaries,
assistant secretaries, regional directors, bureau directors, assistant directors,
military officers, Foreign Service officers and the chief executive officers as well
as the board members of government-owned and controlled corporations, and
government financial institutions. Specifically, the Constitution states:
The President shall nominate and, with the consent of the Commission on
Appointments, appoints the heads of the executive departments,
ambassadors, other public ministers and consuls, or officers of the armed
forces from the rank of colonel or naval captain, and other officers whose
appointments are vested in him in this Constitution. He shall also appoint all
other officers of the Government whose appointments are not otherwise
provided by law, and those whom he may be authorized by law to appoint. The
Congress may, by law, vest the appointment of other officers lower in rank in
the President alone, in the courts, or in the heads of departments, agencies,
commissions or boards. (1987 Constitution of the Philippines, Article Vii, Section
16).
The President needs the assistance of officials who enjoy his trust and
confidence. His official family, the cabinet should be persons loyal to him and
his policies. As the officials who help him formulate and implement his
program of government, his inner circle of cabinet members should be
trustworthy. Hence the President is given full discretion in regard to the
appointment of his cabinet. However, this power extends to other high public
officials who can no longer be considered part of his cabinet. The appointment
of regional and provincial bureau directors, assistant directors, chief executive
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