By Perfecto T. Raymundo, Jr.
MANILA — The Department of Human Settlements and Urban Development (DHSUD) is engulfed in controversy over alleged illegal appointments of undersecretaries and the continued stay of high-ranking officials who should have vacated their posts after the expiration of their five-year quinquennium terms.
Watchdog groups claimed these actions violate Sections 6 and 8 of Republic Act No. 11201, which limit DHSUD to only three undersecretaries and three assistant secretaries appointed by the President, as well as the Administrative Code of 1987, Book IV, Chapter 2, which defines the powers and functions of department officials.
They also cited breaches of Civil Service rules on fixed-term appointments and possible usurpation of public office under Article 177 of the Revised Penal Code (RPC).
Watchdog groups said that the legal grounds for violations are Sections 6 and 8 of RA 11201: Exceeding the cap of three undersecretaries and three assistant secretaries without presidential appointment violates the DHSUD Charter.
Administrative Code of 1987: Appointing beyond statutory limits or bypassing procedures constitutes abuse of authority and usurpation of powers.
Civil Service Commission (CSC) Quinquennium Policy: Officials must vacate office after five years; continued service without reappointment is illegal.
Revised Penal Code (Art. 177): Exercising public functions without valid appointment may lead to criminal liability.
Such appointment does not appear in Official Gazette on Appointments, Appointments and Designations, Official Gazette of the Republic of the Philippines
They alleged that recent DHSUD press releases indicated appointments exceeding the legal ceiling and lacking explicit presidential authorization.
They added that several senior officials reportedly stayed in office despite expired terms and submitted resignations, allegedly continuing to draw salaries and benefits.
“These actions constitute a dual violation — appointing beyond what the law allows and tolerating officials whose tenures have lapsed,” watchdog groups said.
“Such practices erode public trust, undermine transparency, and compromise housing policy integrity,” they added.
The Advocacy Groups called for the full disclosure of current appointments and their legal bases;
Investigation and audit of salaries and benefits from illegal appointments and overstays;
Refund and restitution of public funds disbursed in violation of RA 11201 and the Administrative Code;
Administrative, civil, and criminal accountability, including referral to the Office of the Ombudsman (Ombudsman) for possible prosecution under Article 177.
A formal complaint is now being prepared for filing with the CSC, Commission on Audit, and the Ombudsman for the conduct of the formal investigation and recovery of public funds. ###
