MANILA, Philippines — Lt. Gen. Jose Faustino Jr. is not qualified to become the commanding general of the Philippine Army even in an acting capacity, Senator Panfilo Lacson said Wednesday.
During the meeting of the Commission on Appointments, Lacson said that Section 4 of the Republic Act No. 8186 states that except for the Armed Forces of the Philippines (AFP) chief of staff, no officer should be assigned or designated to certain key positions including the commanding general of the Philippine Army if he has less than one year of active service before his mandatory retirement.
Lt. Gen. Cirilito Sobejana, AFP chief of staff, said this is the reason why Faustino was only designated in an acting capacity as he will retire upon reaching 56 in November this year.
“Lt. Gen. Faustino is retiring in November 2021. Less than a year, correct? So he cannot be designated even in an acting capacity as commanding general of the Philippine Army,” Lacson told Sobejana.
“I have nothing against Gen. Faustino. In fact, we confirmed his promotion the last time he was here but you know there is a law,” the senator added.
Lacson explained that even the appointment of Faustino in an acting capacity is still a designation—a term which he said is clearly stated in Section 4 of the RA No. 8186.
“I agree, designated as acting, but still a designation, would you agree? And the law is very clear. Ang sabi sa batas, walang minention na full capacity or acting capacity (No full or acting capacity was mentioned in the law),” he said.
“Ang sinasabi sa batas (What the law says is) no officer should be assigned, designated to the aforementioned key positions—referring to one of them is the commanding general of the Philippine Army—promoted to the rank of brigadier general or commodore or higher if he has less than one year of active service,” he added.
Sobejana then said that he only acted on the appointment of Faustino based on the memorandum coming from the Office of the President affirming the designation of the latter as the acting commander general of the Philippine Army.
He also said that Faustino, who took over the reins of the 100,000-strong Philippine Army on February 16, is the “most qualified” among the candidates for the position.
“He may be the most competent but he is not qualified because there is a law saying that he is not qualified,” Lacson replied. “And between the memorandum issued by the Executive Secretary and the law, what should take precedence?”
“The law,” Sobejana answered.
Lacson then bared that there were requests in the past to omit provisions of the law for the confirmation of certain senior officers.
“I have been very accommodating, and the last time I was requested by senior officers of the AFP along with Sec. [Delfin] Lorenzana, nag-absent pa ako dito (I was absent) because I don’t want to participate anymore, because I accommodated requests na kung pwedeng disregard na muna ‘yung provision ng batas (that maybe provisions of the law can be disregarded) and they promised that that would be the last time.
“My position then was, okay I will not attend anymore the confirmation hearing because I have stated my position more than enough in so many confirmation hearings. But there should be a last time.
“And this time around, unless you resolve this issue and there is no saying that I am against your confrmation, but I am sorry, I will have to say that I will request or move for the deferment of your promotion—anyway you will get it at the proper time—unless this issue is resolved,” Lacson told Sobejana.
Sobejana then said the AFP will resolve the issue on Faustino in accordance to the provision of the law cited by Lacson.