Questions on Yuchengco’s nomination as ambassador to Germany
www.ellentordesillas.comDoes the controversial appointment of businessman Alfonso Yuchengco as ambassador to Germany have to do with the expose’ of Sen. Alan Peter Cayetano in 2006, when he was still a member of the House of Representatives , about a secret bank account of the Arroyos in HypoVereins Bank ?
Or does it have to do with Fraport AG, a German company that partnered with Philippine International Air Terminals Co. Inc. (Piatco) in building the $350 million Terminal 3 of the Ninoy Aquino International Airport? It must be recalled that the Supreme Court under Gloria Arroyo nullified the Piatco-Fraport contract because of anomalies.
These are just some of the questions that came up as we tried to find rhyme and reason for Arroyo’s appointment of 87-year old Yuchengco to Germany with only three months left in her administration.
Foreign Service officers were shocked and disgusted to learn about the letter of Gloria Arroyo to the Commission on Appointments coursed through the Office of Foreign Secretary Alberto Romulo asking for the confirmation of her nomination to Yuchengco as ambassador.
The letter, which was received by the office of Romulo, only last week, was dated March 9, 2010, two days before the 60-day ban on presidential appointments before Election Day. Many suspect that the nomination was ante-dated.
The one most surprised about Yuchengco’s nomination was Delia Albert, the current ambassador to Germany. Basic courtesy requires that before one is replaced, she should be notified.
News reports said she was told about her removal from her post on the day she was given the award, by Arroyo herself, as “Most Outstanding Filipino Woman in Global Diplomacy.â€
How can Yuchengco assume his post before June 30 when there is no scheduled convening of the Commission on Appointments ? Congress is now on recess and the will only meet after elections as national board of canvassers and to proclaim the winner in the presidential election.
In fact, in a Dec. 16, 2009 letter of Sen. Miriam Santiago, chair of the committee on foreign relations, to Arroyo, the number one item is on “No ‘midnight’ political appointment to the diplomatic service.â€
Santiago said, “It appears that for each new appointment, the government will spend more or less P10 million for relocating both the incumbent and the successor. Ordinarily, this can’t be helped.
“But if there are only six months left of an incumbent president’s tenure, this would be unnecessary expense because the new president will likely make his own political appointments.â€
This was the basis for the rejection of the nomination of Rep. Antonio Cuenco as ambassador to Italy.
This was six months ago. It is expected that Arroyo would be out of Malacañang in three months and two days.
Vicky Bataclan, president of the Union of Foreign Service Officers, said, “by operation of law, political ambassadors should be out of their country of assignments on or before June 30, 2010.â€
Santiago also asked Arroyo that “No request for agrément should be issued by the DFA until after the nominee for ambassador has been confirmed by the Commission on Appointments.â€
An agrément is the acceptance of the receiving state of the ambassador being sent by another state. Without an agreement, the ambassador could not present his credentials to the receiving head of state. Unless he has presented his credentials, he has no official personality in that country.
Bataclan said Yuchengco’s appointment is “void. There is no CA to confirm his nomination which is necessary to do the necessary steps to get his agrément from the German government.â€
Another issue against Yuchengco is his age. At 87, the former ambassador to China (1986 to 1988), Japan (1995), and to the United Nations (2001) does not impress people as physically and mentally agile.
Although the age limit set by the Foreign Service Act has been grossly violated by Arroyo, it is still the law. Section 23 states,†All officers and employees of the Department who have reached the age of sixty-five (65) shall be compulsorily and automatically retired from Service. Provided, however, That all incumbent non-career chiefs of mission who are seventy (70) years old and above shall continue to hold office until June 30,1992 unless sooner removed by the appointing authority.â€
Clearly, Yuchengco’s appointment defies law and reason. The question is, why did Arroyo even make it?
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