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SC junks plea vs Lacson as rehab secretary

Rappler.com

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The high court finds no 'grave abuse of discretion' in appointing Panfilo Lacson as presidential assistant for rehabilitation and recovery

CONSTITUTIONALITY UPHELD. The Supreme Court junks a petition to declare the position of Rehabilitation Secretary Panfilo Lacson as unconstitutional. File photo by Malacañang Photo Bureau

MANILA, Philippines – The Supreme Court (SC) dismissed on Tuesday, June 3, the petition to scrap the position of former senator Panfilo Lacson as presidential assistant for rehabilitation and recovery for Yolanda (Haiyan) survivors.

“The Supreme Court, after considering the comment filed by respondent, dismissed the petition on the basis that there was no showing of grave abuse of discretion,” SC spokesman Theodore Te said in a media briefing Tuesday. 

Lacson welcomed the high court’s order. In a statement, he said, “Had the petition been granted, I’d feel more relieved than frustrated. I don’t like this job in case the petitioner wants to know.”

“But it makes me feel proud and blessed to be part of a noble cause to rebuild the lives of the Yolanda survivors,” the rehabilitation secretary added.

Filed by Louis Biraogo, the petition “challenges the constitutionality” of Memorandum Order No. 62, which Aquino issued on December 6, 2013.

For Biraogo, MO 62 “violates” Republic Act 10121, which created the National Disaster Risk Reduction and Management Council (NDRRMC) “for the purpose of carrying out post-disaster rehabilitation programs of the government,” according to the SC. (READ: NDRRMC: Too many cooks spoil the broth)

This means “there is no need for the new office created by the President, which respondent Lacson currently occupies,” Biraogo said.

Quoted by the SC, Biraogo also said issuing MO 62 “effectively amends or modifies RA 10121 and thus is a usurpation” of the legislative power of Congress.

He said RA 10121 designates Defense Secretary Voltaire Gazmin as NDRRMC chair. MO 62, then, cannot confer on Lacson “the authority conferred by law on the secretary of defense,” Biraogo said. – Rappler.com

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