DoJ clarifies CDA administrator powers
‘As the statute is clear, plain, and free from ambiguity, it must be given its literal meaning and applied without attempted interpretation’
‘As the statute is clear, plain, and free from ambiguity, it must be given its literal meaning and applied without attempted interpretation’
The Department of Justice (DoJ) has clarified the limitations of the power to appoint by the Cooperative Development Authority (CDA) administrator.
According to a legal opinion issued recently by Undersecretary Raul Vasquez, on behalf of Justice Secretary Jesus Crispin Remulla, the DoJ said a CDA administrator could appoint officials with positions lower than the deputy administrator.
Citing Republic Act (RA) 11364, or the CDA Charter of 2019, the DoJ states that “in no uncertain terms that the power to appoint CDA personnel with a rank lower than a Deputy Administrator is vested with the CDA Administrator.”
“As the statute is clear, plain, and free from ambiguity, it must be given its literal meaning and applied without attempted interpretation,” the legal opinion stated.
The legal opinion was sought by CDA chairman Joseph Encabo due to what he described as conflicting views on the power to appoint under RA 11364 and RA 6939 that created the CDA.
Encabo told the DoJ that RA 6939 allowed the then CDA Board of Administrators to appoint all CDA personnel regardless of position and rank.
He lamented that RA 11364 departs from this rule by allowing the CDA administrator the power to appoint personnel lower than the position of deputy administrator.
The DoJ said the CDA Board of Directors that Encabo chairs may review the recommendations of the Human Resource Merit Promotion and Selection Board on the top five ranking candidates for appointments lower than deputy administrator and recommend candidates.
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