“Power is really seductive. For men, it is castrating.” quipped Karina Constantino-David. The seductive nature of power can corrupt individuals susceptible to addictions. Their power-obsession leads them to break established rules and laws just to get their high. The Warrior Lawyer wrote about it in The Addict in GMA. That power is intoxicating is a cliche, but it’s a cliche precisely because it’s true. It’s a problem older than recorded history. According to Bertrand Russell: “Power is sweet; it is a drug, the desire for which increases with habit.”
Karina David is the Former Civil Service Commission Chairperson and speaker of “The Power To Appoint” at the Public Form on Powers of the Presidency: Preventing Misuse and Abuse at the Asian Institute for Management on January 29, 2010. I had no idea how powerful the presidential powers were until I listened to the keynote speakers tackle four powers- the power of the purse, the power over fiscal policy, power of appointment and the power of the commander-in-chief. The speakers joked around that they were “farmers”. I didn’t get it at first until I saw the label attached after their names. At some point, these speakers were former secretaries or undersecretaries and witnessed the misuse and abuse of the presidential powers.
Among the imperial powers of the presidency, what struck me most was the power to appoint even if it’s the most unnoticed. It deals with the most important resource of government, the people. It is the act of designating an individual who is to exercise the functions of a given office. It includes the power to appoint in an acting capacity, re-assign, transfer and discipline. The power to appoint has also become the power to control.
The president appoints at least 10,000 people . I don’t think he/she can judiciously appoint the best of the lot. It tends to become politicized in the end.
How is this power of appointment misuse and abused?
- Warped perspectives – personal loyalty above qualifications, political spoils above competence, appointment as reward, control above public service.
- Ad interim appointments – an exception that is now the rule, a failed check
- Third Level Appointments – no checks, no qualification standards, more than 55.67% not eligible, undermining professionalization
- Excess Undersecretaries and Assistant Secretaries – undermining career paths
- Appointments in an Acting Capacity – mechanism of control, “midnight” conversion into permanent positions
- Calling Card Secretaries and Other Designations (Presidential Advisers, Consultants, Assistants) – most with the rank of Secretary, vague and sometimes duplicating and even comical titles, duplication of functions, confusion, blurring the lines of accountability
- Desire Letter – something that has been happening all these years, and you’ll get confused and surprised of the appointments (if you are given the desire letter, you’ll have to appoint those people)
- Abuses in the Power to Discipline
- Abuses in Personnel Movement – floating status, replacement by non-eligible and political appointees, reassignment and transfer
“But in the final analysis, it is the character of the President, his/her honest dedication to public service and not just to power, that will spell the difference between decency and judiciousness on one hand, and misuse and abuse on the other,’’ she explained.
During the open forum, someone asked if the people should submit the president to a character test and if the constitution needed to be changed to prevent the misuse and abuse of the powers.
Karina David disagreed on the test. The “supreme test of the democracy is the vote of the people. We do not impose qualifications standard because it should be the people to decide that. “
Changing the constitution is not the solution . “If the people changing the constitution are of the same ilk of the people who make the laws and who violate the laws, then there could be no sense”, Karina added. “Whatever can be done without having to change the law is better because when we try to change the law, very often it becomes worse. We can talk the level of the ideal. In the final analysis, you expect some level of public service and some level of objectively wanting to serve the country from the leaders. If leaders can’t do that, it is up to the people not only to, use the process of election to change but ultimately to go into other means if election does not work. Unfortunately we have to face the reality. We have to be pragmatic. “
Karina David cautions the next president “Even if my candidate for president will win, the problems won’t be solved overnight”
There are pockets of solution that we can accomplish. The rut in the system is major. She continued on “If we get the right people elected, we cannot fold our banners and say “they will change everything”. If citizenry won’t try to know what is happening, nothing will also happen to us.”
It is good to expect people to be good. But very often, the majority of the people need other people to tell them when they are bad. That’s where people participation is needed and the use of media for transparency so that people can react, which is crucial in a democracy.
Former Trade Minister Vicente Paterno said voters should ask their candidates to name which departments they would prioritize and who would they appoint to head these departments.
Karina David agreed and said asking these questions "will give you an idea about the priority directions" of each presidential candidate and about their "level of integrity," which could be gleaned from the people they would likely appoint to key positions.
The two most important things voters should look for in a candidate—even before comparing their platforms—were track record in terms of corruption and abuse of power.
Rodel Cruz added that "We should choose a President who will act with restraint, respect the Constitution and uphold the rule of law."
Listening to these former staff of the president even made me more aware of the possible misuse of power if left unchecked by the citizenry.
Can the misuse and abuse of presidential power be prevented?
There is only one power that can face and surmount this and that is the power of an aware, vigilant, organized citizenry. It also needs the cooperation of branches of government like the legislature and the judiciary. Checks and balances are already built in the constitution but it has been corrupted time and time again. What can we do?
1. Decide on What to look for in a President.
2. Look at the people around the presidential candidates.
3. Be aware of the powers of the president.
The International Center for Innovation, Transformation and Excellence in Governance (INCITEGov) will provide a layman’s guide to understanding these powers
4. Even after elections, continue to be vigilant as our president grapples through the difficult transition to democratic restoration and economic recovery. Blogwatch.ph will not just be limited to voters education. It will continue on as a watchdog for good governance.
We see in the May 2010 elections our chance to re-establish the democratic principle that only an electoral mandate defines the will of the people for the kind of leadership and governance they wish to prevail over the public affairs of the nation.
Photo of GMA from Flickr. Forum photos and video by author. Some Rights Reserved
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