By Ben Rosario An opposition lawmaker on Wednesday said the government violated the Constitution when it appointed former Communications Asst. Secretary Esther  Margaux “Mocha” Uson as deputy executive director of the Overseas Workers Welfare Administration. Deputy Executive Director of the Overseas Workers Welfare Administration Mocha Uson (Czar Dancel / MANILA BULLETIN) Agusan del Norte Rep. Lawrence Fortun said the 1987 Constitution is “crystal clear” on the one-year appointment ban which covers all candidates, including partylist nominees. Uson, a pro-administration blogger, was previously appointed as assistant secretary in the President Communications Operations Office. She campaigned during the 2019 mid-term election after being named first nominee of the AA-Kasosyo Partylist. The partylist organization failed to achieve a winning grade despite getting strong support from pro-Duterte groups in the partylist race, Fortun rejected the argument that Uson is not covered by the constitutional ban, being a mere nominee and not a candidate during the elections. Her camp insisted that the ban covers only the partylist and not its nominee. Fortun said Section 6, Article IX-B of the 1987 Charter is explicit about the  appointment ban:   “No candidate who has lost in any election shall, within one year after such election, be appointed to any office in the Government or any Government-owned or controlled corporations or in any of their subsidiaries.” “It says “no candidate,” who lost in “any election”, can be appointed to “any office” in the Government or any GOCC or its subsidiaries,” the senior opposition solon stressed According to him the Constitution did not mention “any exception, let alone losing partylsit nominees.” “The argument that the prohibition does not apply to party-list nominees since they are technically not candidates is an obvious departure from the unmistakable intent of the Constitution to prohibit any individual from being given any appointive government position within one year from failing to get an elective government position in an election,” he said. Fortun said the Civil Service Commission has also ruled that the  “the rationale behind this prohibition is the extirpation of the ‘spoils system’ considering that the foregoing provisions are directed against the so-called ‘political lame ducks’.” “Logic dictates that since winning party-list groups are eventually represented by their nominees in the House of Representatives, their nominees, for all intents and purposes, are candidates for the House seats that their party-list may be entitled to should they win in the elections,” explained Fortun. According to the opposition solon Republic Act 7941 or the Partylist System Act also does not provide any exemption for partylist nominees from the provisions of the constitution. “The 1987 Constitution is clear and unambiguous on this matter,” he said. However, Fortun admitted that the confusion on the issue was apparently triggered by Comelec Resolution 9366 which states that "the one year prohibition from being hired or rehired in a public office after their party-list organizations fail to secure the needed votes to qualify them for a seat in the House of Representatives, shall not apply to them." “Such resolution is utterly inconsistent with the unequivocal prohibition under the 1987 Constitution,” said Fortun.