Senate takes Kara to court

Due to failure to force acting Attorney General Maya B. Kara out of office, the Senate is taking its battle to the Supreme Court to rule whether the governor’s appointee has a right under the law to remain in the position despite its clear rejection.

It will be the first time senators are filing a lawsuit over a Cabinet appointee and possibly the first major rift between Gov. Pedro P. Tenorio and his party mates from the Republican-held upper house.

A resolution adopted by seven members in a Senate session yesterday set out the legal avenue through which they hope to finally oust Kara who has been in office in acting capacity for nearly eight months.

Senate Vice President Thomas P. Villagomez, who initiated the resolution, said there may be circumvention of the constitutional provision in Kara’s case, that empowers them to act on all government appointees, including the chief government lawyer.

They also want the court to clarify the appointment power of the governor as well as the extent of his authority to re-appoint an official to the same position over a certain period in light of the 30-day rule as provided under the Constitution.

“There’s continued concern (in the Senate) about some appointees who are still not confirmed by the Senate,” Villagomez told in an interview after the brief session.

Asked about chances of obtaining a favorable ruling, he said that “that would be up to the court on its interpretation of the statute.”

But Villagomez maintained all nominations must go through a Senate confirmation or rejection and “should not be continually circumvented” by way of several appointment actions from the governor to satisfy the existing statute.

The resolution, kept under wraps for the last three weeks, indicated that Kara has acted as AG continuously since her appointment on July last year, except for about 12 days when Tenorio had named another official to the post.

She was in fact designated five times as acting AG over the last seven months, first on October 23, 1998 and the last on January 29, 1999 — appointments all rejected by the Senate in the resolution.

The Senate also reaffirmed its earlier official position outlined in a special committee report adopted last November in which they lashed out at Kara for staying in the office despite its disapproval.

Kara, a former House legal counsel for eight years prior to her nomination to the AG, has repeatedly refused to step down, saying she would only leave the post when the governor removes her.

Tenorio, who withdrew her nomination in September when it was clear she did not have the Senate vote, has yet to budge to pressure from senators, but has shown a wavering in his stance in interviews with reporters in recent months.

Kara has drawn Senate opposition largely due to allegations of conflict of interest and controversial AG decisions, charges she has repeatedly denied.

Although the resolution won majority of the votes, some members, however, expressed caution against the move, noting that Kara’s name was never submitted to the chamber.

Senate legal counsel Steve Woodruff, who is expected to represent the senators in the court battle, assured them the move is constitutional in that Kara stayed beyond the limit provided in the law.

Sen. David Cing, chair of the Senate committee on Executive Appointments and Governmental Investigations, pointed out the case is similar to former AG Sebastian Aloot, whose nomination during the previous administration was also met with opposition.