Senator Marcoleta urges government to transmit appointments of acting Cabinet secretaries

Senator Rodante Marcoleta on Wednesday, urged the government to transmit to the Commission on Appointments the appointments of Cabinet officials holding acting posts, warning that extended acting designations erode constitutional checks and balances.

In the plenary session, Marcoleta said several key agencies—including the Office of the Executive Secretary and the departments of Finance, Public Works and Highways, Justice, Budget and Management, Environment and Natural Resources, Transportation, and the Presidential Communications Office—are currently headed by acting secretaries who have not been confirmed by the CA.

He emphasized that while acting appointments are permitted to ensure continuity in government operations, they should not be used as a long-term mechanism to bypass constitutional review, noting that the law requires Cabinet secretaries to undergo CA confirmation.

“Under the rules of the Civil Service Commission, in acting capacity entails not only the exercise of the ministerial functions attached to the position but also the exercise of discretion since the person designated is deemed to be the incumbent of the position," Marcoleta stressed.

"They can issue policies, approve projects, sign contracts, and authorize expenditure of public funds. They wield all the authority of permanent Secretaries, while evading constitutional scrutiny and consent,” he added.

He urged the executive to respect the constitutional process and ensure that Cabinet officials entrusted with immense power are fully accountable and lawfully confirmed.

Senate President Vicente “Tito” Sotto III likewise took part in the discussion, noting that officials serving in an acting capacity are subject to limitations, such as constraints on making appointments and approving certain disbursements, underscoring the importance of ad interim appointments.

Marcoleta agreed, stating that acting designations come with conditions and restrictions that may prevent officials from fully exercising their authority.

Sotto also pointed to a Supreme Court ruling that caps acting appointments at one year, cautioning that repeatedly extending such designations could be seen as a way to bypass the authority of the Commission on Appointments.

Senate President Pro Tempore Panfilo "Ping Lacson supported Marcoleta's stand as he noted he had reminded Executive Secretary Ralph Recto to seek ad interim appointments for Cabinet members so the Commission on Appointments can act on them.

Lacson noted that at least seven Cabinet secretaries are working in an acting capacity.

Marcoleta's privilege speech on acting Cabinet secretaries was referred to the Senate Blue Ribbon Committee, chaired by Lacson as the primary committee, and the Committee on Constitutional Amendment,s chaired by Senator Imee Marcos.