Senate Minority Leader Franklin Drilon on Thursday expressed his disappointment at newly-appointed Department of Migrant Workers (DMW) Secretary Abdulla Mama-o over what he said is his erroneous interpretation of Republic Act No. 11641 to serve his own interest.
Drilon criticized Mama-o, who was appointed by Duterte to the DMW last March 4, 2022, for throwing the overseas employment sector in a state of confusion when the creation of a DMW should have been a smooth transition.
The Senate minority was referring to reports that Mama-o issued Department Order No. 1 directing all agencies consolidated and merged under the DMW, including the Philippine Overseas Employment Agency (POEA), to immediately abide by the provisions enumerating the powers and functions of his office.
The latter has also reportedly ordered them to turn over all pertinent documents to his office and that all papers in relation to the said powers and functions of their office shall require the signature of the DMW Secretary.
Drilon pointed out that the law provides for a two-year transition period from the date of its effectivity and the conditions to met under Section 23 of the law which clearly states that the department shall not be constituted without an appropriation in the 2023 General Appropriations Act (GAA), an effective implementing rules and regulations and a staffing pattern.
Drilon, a former justice and labor secretary, stressed the language of the law is mandatory and admits no other interpretation.
“His actions are not befitting of a secretary. His issuances have no basis and only disrupt what should have been a smooth transition. Clearly, he is putting his personal interest above the needs of the industry that the law seeks to protect. The President should immediately fire him,” Drilon said in a statement on Thursday.
“Being a former labor secretary, I am very much concerned about what is happening in the industry and its stakeholders – the labor sector, OFWs (overseas Filipino workers) and migrant workers,” he further said.
“They are the ones caught in the crossfire because of Mr. Mama-o’s actions. His actions are detrimental to the very sector that RA 11641 seeks to protect,” the senator emphasized.
President Duterte signed RA No. 11641 creating the DMW; the new law primarily seeks to consolidate all relevant agencies under one office to make it easier for migrant workers to seek government help and expedite the processing of their documents.
But Drilon, one of the senators who helped in crafting the law, said he proposed the amendment in Section 23 and knows the legislative intent of the provision.
“ There is no way to satisfy the first condition because we are only in the 2022 Budget. The deliberations for the 2023 budget will not take place until later this year,” he explained.
Drilon also chided Mama-o for hastily issuing the law’s implementing rules and regulations (IRR) without the knowledge and approval of the transition committee tasked by the law to promulgate the IRR.
“Mama-o cannot supplant legislative intent with his self-serving interpretation. it serves no one but him, at the expense of the bureaucracy, at the expense of stability. And if no one stops him, at the expense of OFWs,” he stressed.
“The administration should not condone this wanton disregard of the law,” he reiterated.
Drilon further pointed out that under Article VII, Sec. 17 of the Constitution, “The President shall have control of all the executive departments, bureaus, and offices. He shall ensure that the laws be faithfully executed.”
“This is precisely what we wanted to prevent when the law was being proposed. We knew it would cause problems so we tried to make the transition provision as detailed as possible. This is not something that one person can rush,” the senator explained.
“The issuance of IRR by Mama-o is contrary to the law, specifically Sec. 23 of RA 11641. It is illegal and void. The IRR cannot be the work of a single person,” he added.
Drilon said Mama-o’s appointment to the DMW is to be a member of the transition committee. He also stressed Mama-o cannot transfer employers and officers from the agencies to be absorbed to the new department due to the election ban.
“That is the only justification why he was appointed to the position. He can only exercise limited powers under the transition committee, with other officers from the different departments,” he said.
“He is a king without a kingdom. He has no department to lead,” Drilon said.