President Benigno Aquino 3rd has only until July 28 to decide on the pending status of Commissioner Grace Padaca of the Commission on Elections (Comelec) who was recently bypassed by the Commission on Appointments (CA).
Comelec Chairman Sixto Brillantes Jr. on Monday said President Aquino is yet to decide whether to reappoint Padaca as a commissioner of the poll body or to drop her from the post.
Padaca was bypassed by the CA for failing to attend two hearings of the commission.
Brillantes, who noted that the reappointment of Padaca has already “legally lapsed,” said the President is not allowed to appoint any official after he delivers his fifth State of the Nation Address on July 28 when the House of Representative resumes its regular session.
In October 2012, Aquino appointed Padaca to replace Commissioner Augusto Lagman, whose term was supposed to expire on February 2, 2018, while Congress was on recess.
Ad interim appointments, or those made while Congress is on recess, are deemed effective until the bicameral Commission on Appointments disapproves them or Congress adjourns, according to the Constitution.
Padaca is facing malversation and graft charges before the Sandiganbayan for allegedly giving undue advantage to a non-government organization to manage P25-million worth of credit facility for rice farmers in Isabela during her term as the governor of the province in 2006.