Morgen: We should assert separation of powers

Sen. Juan P. Tenorio yesterday raised specter of “corruption and dictatorship” in the executive branch if the Legislature fails to assert its power to confirm government appointments made by the governor.

“We will have an executive branch with a free hand and God knows what will happen next,” he said during discussion in the Senate of the long-standing dispute on appointments between the two branches of the government.

Senators extolled the policy of “separation of powers” to stress points against what they fear as potential new cases where executive appointments ignore Senate confirmation, which is a requirement for a high government position as provided in the Constitution.

“If we lose that, then we might as well close down the Legislature,” said Sen. David M. Cing, chair of the Committee on Executive Appointments and Governmental Investigations.

Senate Vice President Thomas P. Villagomez threatened to bring the matter to Supreme Court under “certified question” to resolve the conflict, while Senate Floor Leader Pete P. Reyes called for corrective actions from the administration.

“We want to correct this because it will be a monstrous task if we don’t address this now,” said Reyes.

These bursts of political rhetoric stemmed from efforts by the EAGI to determine the status of Connie Seman Camacho, a director of the Board of Elections who was appointed by former governor Froilan C. Tenorio.

Appointed in 1997, she was never subjected to Senate confirmation as stipulated under the law. According to Villagomez, the ex-chief executive cited provisions of another law to justify his decision not to submit his name to the committee.

Now, EAGI is asking Gov. Pedro P. Tenorio to clarify the legality of Camacho’s appointment.

During yesterday’s session, the Senate called in Elliot A. Sattler, chief solicitor at the Attorney General’s Office, to try to answer to questions regarding authority by the executive branch on appointments.

While claiming that the previous administration’s position was not an AG opinion, he said the current governor has made it a policy to submit any of his nominees to the Senate for confirmation “not as legal requirement, but custom” adopted by earlier regime.

But Reyes, noting it’s not Camacho who is at issue, but the process of her appointment, prodded the AG to provide legal opinion to Tenorio to settle the dispute.

“Is it wrong or right,” he asked. “We want to know the AG’s position. It is incumbent upon you to bring this to the governor’s attention.”

Tenorio earlier has said he would await a legal opinion before deciding on the issue.

In the meantime, senators won’t rest their case. “We should not take this lightly. We better have the answer to avoid corruption and dictatorship in the executive branch,” said Sen. Tenorio.