Senator Robinhood "Robin" C. Padilla today, August 30, said there is a seeming violation of the law in the appointment of some officials of the controversy-laden Sugar Regulatory Administration (SRA) as they did not go through the shortlist of the Governance Commission for Government-Owned and Controlled Corporations (GCG).

Padilla bared this during a public hearing by the Senate government corporations and public enterprises committee after GCG Chairman Alex Quiroz affirmed that the appointees were not yet included in a shortlist as mandated by Republic Act (RA) 10149.

”Dito sa RA 10149, ang GOCC Governance Act of 2011, sa Section 15, Appointment of the Board of Directors, Trustees of GOCCs, an appointive director shall be appointed by the President from a shortlist prepared by the GCG. Tanong ko lang – ngayon pinag-uusapan sa Blue Ribbon Committee ang naganap sa SRA. Gusto ko lang malinawan kung itong mga bagong appointee ng mga tao diyan, ito po ba dumaan sa GCG? (Under RA 10149, the GOCC Governance Act of 2011, Section 15 on the appointment of the board of directors and trustees of GOCCs indicates that an appointive director shall be appointed by the President from a shortlist prepared by the GCG. Now, the Blue Ribbon Committee is probing what happened to the SRA),’’ he said.

Padilla clarified his point by discussing the provisions of the law on the appointment of officials in GCG.

“I want to be clear on this - were the new appointees included in the GCG through the shortlist?’’ he asked.

After uncovering that some of the appointees to the SRA did not go through the GCG and were appointed in an "acting capacity," Padilla pointed out they should have been in the shortlist.

During the hearing, Quiroz said he was informed that the appointees were appointed in an "acting capacity" and thus, "they have to await our supposed to be shortlist.”

Padilla also pointed out that if the President does not see fit to appoint any of the nominees in the shortlist, "the President shall ask the GCG to submit additional nominees."

He added, “Malinaw na hindi lang ito SRA. Pati Pagcor (Philippine Amusement and Gaming Corporation) NIA (National Gaming Administration), PCSO (Philippine Charity Sweepstakes Office). It’s clear that this does not only apply in SRA, but also in Pagcor, NIA, PCSO).’’

"Paano kung nagkasabit-sabit na, saka lang -iimbestiga? (What happens if things go wrong, that's the only time an investigation takes place?) Napakahirap ng ganoon (That is not acceptable). It is better for us to be proactive, instead of investigating Mas maganda sana proactive tayo. Kung tapos na saka tayo iimbestiga. Yan lang ang aking mungkahi

It is better for us to be proactive, instead of investigating a wrongdoing only after it has happened. That is my suggestion)," he stressed.

Senate committee chairman Alan Peter Cayetano agreed with Padilla and thanked him for making his point.

"Dito maganda sa Senate, we can learn from each other. Dito, ako officially ang abogado. Hindi abogado si Sen. Padilla, pero siya ang nakakita sa batas ng medyo may butas na kailangang tingnan (This is what is good in the Senate, we learn from each other. Here I am officially the lawyer; but Padilla though not a lawyer has seen possible loopholes in the law)," Cayetano said.