Malacañang accepts Resignation of Garcia as SBMA Administrator
MALACAÑANG has accepted Roberto V. Garcia’s resignation as Administrator of the Subic Bay Metropolitan Authority (SBMA).
“We refer to your letter tendering your resignation as Administrator of the Subic Bay Metropolitan Authority. On Behalf of President Rodrigo Roa Duterte, this is to inform you that your resignation is hereby accepted effective 19 October 2016,” Executive Secretary Salvador C. Medialdea told Garcia in a letter dated on the same day of effectivity.
Garcia has earlier submitted a “courtesy resignation” for both the positions of SBMA Chairman and Administrator but when President Duterte appointed Martin B. Diño as Chairman only, Garcia announced at the turn-over on October 3, 2016 that he will continue to function as Administrator pending the appointment of a replacement for the position by the president.
The Administrator is the Chief Executive Officer who shall, among others, directly administer and supervise the operations and day-to-day business activities of the SBMA, according to Republic Act 7227, the law that created SBMA and the Subic Bay Freeport Zone. The Chairman’s functions are largely limited to presiding in all meetings of the SBMA Board that formulates policies, directives, plans and programs.
On the same day (Oct. 3), Senate President Aquilino “Koko” Pimentel III, thanking the president for the appointment of party-mate Diño, wrote Duterte saying “I am aware… that in spite of the appointment of Mr. Diño, other applicants are being considered for the position of Administrator. I urge you to no longer act on the applications for Administrator since my understanding of the law is that Mr. Diño, as Chairman of the SBMA Board, is also the Administrator of the SBMA pursuant to Section 13 (d) of Republic Act No. 7227.”
Republic Act 7227 is the law that created the SBMA and Subic Bay Freeport Zone.
On Oct. 6, 2016 or three (3) days later, Diño wrote to President Duterte questioning the authority of Garcia to “act as SBMA Administrator.”
On October 10, 2016 Diño appeared to have doused cold water on the ensuing speculations on who would be appointed administrator by issuing an Office memo to “All Officials and Employees” stating that “The Law is clear… that the Chairman shall also be the Administrator and Chief Executive Officer (CEO). A mere Executive Order shall not work to amend, repeal or supersede the law.” Diño said in the Office Memo, “With my appointment as Chairman of SBMA, I am duty bound to assume and perform the duties, powers and functions of the Chairman/Administrator and CEO pursuant to law.”
The next day, Oct. 11, 2016, a certain Rolly Meer Aldea, an administrative aide of the Office of Zambales Vice Governor Angel Magsaysay, petitioned the Regional Trial Court Branch 72 of Olongapo City seeking for the Annulment, with application for Pleminiary Injunction, of Executive Order 340, series of 2004, issued by then President Gloria Macapagal-Arroyo, that separated the offices of SBMA Chairman and Administrator, citing the same arguments raised by Pimentel and Diño, with Executive Secretary Salvador C. Medialdea among the respondents, the president and appointing authority being immune to lawsuits during his term of office.
Based on E.O. 340, Armand C. Arreza and the late Feliciano Salonga served as Administrator and Chairman, respectively under Macapagal-Arroyo’s presidency.
However, the offices were again consolidated under the term of President Benigno Aquino III with Garcia as Chairman & Administrator.
Despite Diños Oct. 10 pronouncement that he has assumed the duties and functions of SBMA Administrator, Malacañang appears to have retained recognition of Garcia as Administrator until Oct. 19, 2016, when Garcia’s resignation for the said office was accepted and on the same day, a replacement in the person of Lawyer Randy B. Escolango was appointed as Officer-in-Charge of the Office of the Administrator.
Escolango, SBMA deputy administrator (DA) for Legal Affairs until he was tapped as OIC SBMA Administrator, said he is “extending his hand to Chairman Diño to work together for the interest of the agency, it’s employees, locators and investors, as well as the whole country.”
SBMA, the authority that runs the Subic Bay Freeport, is one of the top contributors to the national coffers among government-owned and controlled corporations in the Philippines. It has also generated over 100k jobs for workers, not only from Olongapo and Subic, but the surrounding provinces, as well, including others from various parts of the country. (VVV)