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Saturday, November 27, 2004
Durano 'holding 2 posts, collecting double pay'
CEBU CITY -- Senate Minority Leader Aquilino Pimentel Jr. has advised Secretary Joseph "Ace" Durano to quit his elective post as congressman of Cebu's fifth district, so he can function fully as tourism secretary.
Durano's dual posts came to public attention when Rep. Clavel Martinez (Cebu, 4th district) asked the House leadership why Durano was mentioned as being "on official mission within the country" during roll calls at the start of the daily session.
Martinez also questioned whether it was legal for Durano to keep on drawing his salary as congressman while performing a separate function as head of the DOT.
"That is anomalous if that is true. Secretary Durano should choose between his Cabinet post or his congressional seat. He cannot have it both ways," Pimentel said.
Durano, however, said it is Tourism Undersecretary Evelyn Pantig who is currently calling the shots as officer-in-charge of the Department of Tourism (DOT).
"I am still winding down my responsibility as congressman and at the same time preparing to officially function as secretary," he said in a text to Sun.Star Cebu last night.
He also said that when the issue surfaced, he talked with Pimentel and the senator appreciated his explanation.
The House of Representatives website still includes Durano as congressman of Cebu's fifth congressional district. However, the Cabinet members' profiles in the Office of the Press Secretary's website also lists Durano as tourism secretary.
Pimentel has a pending petition with the Supreme Court, in which he asked if it was legal for the Arroyo Cabinet to assume office without being first confirmed by the Commission on Appointments.
Pimentel said Durano was presumed to have automatically forfeited his legislative seat, after he took over the helm of DOT last August.
This way, potential conflicts of interest can be avoided.
"He may be fully qualified as secretary of tourism, but he will be exercising prohibited functions because the Constitution does not allow a congressman to hold another office in government," Pimentel pointed out.
He cited the case of Sen. Mar Roxas II, then a congressman of Capiz in the 11th Congress. He was appointed trade secretary by then president Joseph Estrada but did not assume his Cabinet post until he was confirmed. (PNA)/With AIV
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