Malacañang clarified that lawyer Raphael Lotilla's return to the Department of Energy (DOE) as its head is still uncertain until his employment status is clarified.
Press Secretary Trixie Cruz-Angeles issued the clarification hours after announcing that President Ferdinand "Bongbong" Marcos Jr. has chosen Lotilla to lead the DOE, a post he handled from 2005 to 2007.
"The designation of Atty. Raphael Perpetuo Lotilla is right now a nomination, pending clarification of his employment status," she said Monday evening.
"Atty. Lotilla, President Ferdinand Marcos Jr.'s personal choice to head the DOE, is currently an independent director of Aboitiz Power and also of Enexor," she added.
Aboitiz Power is a holding company engaged in power distribution, generation, and retail electricity services. It is one of the country's leading providers of renewable energy.
Meanwhile, Enexor is a publicly-listed company engaging in the business of oil and gas exploration and production, both domestically and internationally.
According to Angeles, Section 8 of Republic Act (RA) No. 7638 or the Act Creating the Department of Energy states that "no officer, external auditor, accountant, or legal counsel of any private company or enterprise primarily engaged in the energy industry shall be eligible for appointment as Secretary within two years from his retirement, resignation, or separation" from that place.
"While the matter is reviewed to determine whether an independent director is considered an officer of the company, Lotilla is considered a nominee," she explained.