At 12:40 PM on September 30, 2019 DZMM tweeted that the Palace has designated Mocha Uson as Deputy Director for OWWA (Overseas Workers Welfare Administration).
Dating PCOO Asec. Mocha Uson, itinalaga bilang Deputy Administrator ng Overseas Workers Welfare Administration | via @joycebalancio— DZMM TeleRadyo (@DZMMTeleRadyo) September 30, 2019
The news spread like wildfire on social media and shortly, mainstream media picked up the news including the giant news media company ABS-CBN who dedicated a news article announcing Mocha Uson’s appointment.
As expected, the ABS-CBN news article writer did not let the opportunity to pass without taking a jab at Uson by reminding the public that the new OWWA Deputy Director got the job as a reward for her efforts in the 2016 Presidential election when she actively campaigned for then Mayor and now President Duterte.
In addition, the ABS-CBN news article writer also mentioned that Uson was the first nominee of the AA Kasosyo party-list in the 2019 election but failed to grab a seat after her party did not get the required number of votes.
At this point, the ABS-CBN news article writer raised the issue that Uson’s appointment could run into trouble with Section 6, Article IX B of the Constitution, which provides that:
“No candidate who has lost in any election, shall within one year after election, be appointed to any office in the government or any government-owned or controlled corporation or in any of its subsidiaries.”
The ABS-CBN news writer quoted Bayan Muna Rep. Ferdinand Gaite, who said Uson’s appointment was “illegal and should not be enforced” as losing candidates cannot be assigned to a government post within a year under the 1987 Constitution. [ABS-CBN]
Was Bayan Muna Rep. Ferdinand Gaite correct?
Well, let us watch the video below how Senate President Tito Sotto indirectly responded to that argument when he was ambushed by senate reporters seeking for his comment on Mocha Uson’s appointment as Deputy Director of OWWA.
In the video, a female reporter asked if Mocha Uson’s appoint not in violation of the one-year ban?
SP Sotto answered that it’s not since it was the party-list who ran as as a candidate for a Congressional seat, not Mocha, therefore, the ban does not apply to Mocha.
SP Sotto’s reply elicted a long “Ay” reaction from the reporters, drawing laughter from netizens who watched the video shared by the FB page MindaVote.
Comelec Spoksman James Jimenez concurred with Senate President Sotto that the one year ban does not apply to Mocha Uson as shown in the GMA News article here.
“She is not covered. Party-list nominees are not candidates per se and so, the rule does not apply to them.”
According to Comelec Resolution 9366, “Nominees holding appointive or elective offices may continue to hold office even after acceptance of their nomination, and the one year prohibition from being hired or rehired in a public office after their party-list organizations fail to secure the needed votes to qualify them for a seat in the House of Representatives, will not apply to them.”