Ombudsman Samuel R. Martires has flagged as "highly irregular" the memorandum issued by Presidential Management Staff (PMS) Chief and Undersecretary Elaine T. Masukat requiring all presidential appointees who were named to their offices before Feb. 1, 2023 to submit an updated personal data sheet and various clearances.
In a memorandum issued on Feb. 2, 2024, Masukat directed all heads of departments, agencies, offices, instrumentalities, government owned and controlled corporations, government financial institutions, and state universities and colleges to submit to the PMS the required documents within 30 days from Feb. 2.
Aside from the updated personal data sheet, required for submission are clearances from Civil Service Commission (CSC), National Bureau of Investigation (NBI), and the Office of the Ombudsman (OMB).
Masukat said the memorandum was issued “upon the directive of the Executive Secretary” (Lucas P. Bersamin).
During a radio interview, Ombudsman Martires said the requirement is vague since the PMS did not define the presidential appointees covered.
Martires said: "Who are these presidential appointees? Do they include cabinet secretaries, undersecretaries, assistant secretaries? Do they include the career executive officers who were promoted by the president? Do they include those who have specific terms of office? Do they include the members of the Judicial and Bar Council, who were appointed by the president but were confirmed by the Commission on Appointments? Do they include constitutional officers like me?"
"And what will they do if these presidential appointees fail to comply with the directive? Will they be terminated?" Martires asked.
Martires said it was the first time he received a Palace memorandum addressed to all government heads that was not signed by the Executive Secretary.
He suggested that Masukat study first the memorandum she issued as the 30-day deadline given to all presidential appointees would be difficult to comply with.
He declared that his office, the OMB, will not be giving any preferential treatment to presidential appointees applying for clearances from his office, even if they are only complying with the PMS memorandum.
Even before Masukat gave out her marching orders, Martires said that the Ombudsman is already dealing with a backlog of 4,000 seeking clearances from its Central Office. The Visayas office has another 4,000 clearance backlogs, he said.
Martires explained that the CSC also requires an OMB clearance for government officials seeking to monetize their leave credits. Officials who plan on retiring and seeking promotion, including members of the Philippine National Police (PNP) and Armed Forces of the Philippines (AFP), also need Ombudsman certifications.
"This PMS requirement will certainly add to the backlog but we cannot do anything. We cannot give them special treatment. They would have to go through the normal process," he said.
Citing an example, Martires said that individuals who filed requests on Feb. 6 will probably receive their clearances on April 6, at the earliest. Those who just received the PMS memo and file their requests soon will most likely get their clearances in June which is way beyond the 30-day period imposed.
"We cannot force ourselves to issue clearances just for the PMS requirement. We will not do that," he stressed.