It seems the alleged power struggle in the Philippine Economic Zone Authority has finally reached its doom after the Malacanang Palace released a decision to acknowledge career official Tereso Panga as the full-pledge officer-in-charge/director general of the investment promotion agency.
In a two-page decision penned by Executive Secretary Lucas Bersamin dated 23 January 2023 and received by Panga just this Monday, it stated that DDG Panga shall continue to perform and discharge his functions as OIC of PEZA unless otherwise directed.
The decision of the Palace addressed to the PEZA Board of Directors, stemmed from the petition of former PEZA director general Charito Plaza filed last year, challenging the position of Panga as PEZA OIC-DG.
“First, the charter of PEZA does not provide for a definite term of office for the position of Director General. Thus, the appointment of DG Charito Plaza is co-terminus with that of the appointing authority, then-President Rodrigo Duterte,” the Palace decision said.
“Second, Memorandum Circular (MC) No. 3 did not intend to exclude PEZA from its coverage. Although PEZA exercises corporate powers, it is specifically excluded from the coverage of the GOCC Governance Act of 2011,” it added.
Plaza’s camp said Panga “self-appointed” himself, which was later on contradicted by the PEZA Board, stating that “being the most senior career executive and next in the rank officer of the agency, the bases of the assumption of the OIC are OP Memorandum Circular Nos. 1, 3 and 9, the provisions of which are clear and immediately executor (sic). There was no self-designation made by the current OIC but rather, his assumption of the duties and discharge the responsibility of the head of the agency until a replacement has been appointed.”
Further, Executive Bersamin also said in its decision that the issuance of a Memorandum Circular by OIC Panga informing PEZA stakeholders of his designation as OIC is not considered self-serving as it is the President, through MC No. 1, who effectively designated the OICs in aII departments, offices, agencies, and bureaus with vacant heads.
“Therefore, pursuant to MC No. 1, the position of PEZA Director General is deemed vacated effective noon time of 30 June 2022 when the term of former President Duterte ended. Likewise, the consequent designation of DDG Panga as PEZA OIC is in accordance with MC No. 1. For the exigency of the service, the term of DDG Panga as PEZA OIC is extended until a replacement has been appointed or designated, unless otherwise terminated pursuant to MC No. 12,” the order reads.
Asked for comment on the Palace ruling , Panga said, “This is a vindication for me and the 600-strong PEZA officers and employees. We laud this ruling by the Executive Secretary in reference to my assumption as the PEZA OIC by operation of law, pursuant to the OP MCs 1, 3 and 12.”
“With this issue already resolved with finality, PEZA can now focus on its mandate to attract more investments into the country, generate exports, create employment opportunities to Filipinos and the development of the countryside through the economic zones,” he added.