THE Supreme Court yesterday affirmed the
legality of the appointment of Robert Dean Barbers as general
manager of the Philippine Tourism Authority, replacing an
appointee of former President Joseph Estrada.
In a 19-page decision, the SC First Division
sustained the May 30, 2003 ruling of the Court of Appeals
denying the petition of former PTA general manager and chief
executive officer Nixon Kua that his position had been
unlawfully usurped by Barbers.
The SC said there is no merit in Kua’s claim
that a portion of the PTA’s charter, particularly Section 23-A
of Presidential Decree No. 564 meant that he could not be
replaced by Barbers as there was no vacancy in said office at
the time of the latter’s appointment since petitioner’s term has
not yet expired, nor has he resigned, been removed or abandoned
his position.
The court said Kua misread the provision
which stated that the PTA general manager "shall serve for a
term of six years unless sooner removed for cause."
It said Barbers was validly appointed as PTA
general manager since the position was legally vacant at the
time of his appointment since Kua’s term of office had already
expired at the time. The high court agreed with Barbers’
contention that Kua was merely appointed for the duration of the
unexpired portion of the term of his predecessor Angelito Banayo.
The SC pointed out that the wording of Kua’s
appointment that he is "vice Angelito T. Banayo" contradicts the
theory that petitioner’s appointment was for a complete term of
six years.
Kua served as PTA general manager from Nov.
7, 2000 until President Arroyo appointed Barbers on Nov. 12,
2002.
Chief Justice Reynato Puno, Associate Justices Angelina
Sandoval-Gutierrez, Renato Corona, and Teresita Leonardo-de
Castro concurred with the decision. – Evangeline C. de
Vera
