CRUZ SAYS Maceda's comments later became identified as the "Maceda amendment." There were some proposals made afterward, but when Salonga asked if there were any objections to the "Maceda amendment" that had already been accepted, there was only silence. Salonga then declared: "Hearing none, the amendment is approved."

Shahani, who was a diplomat before she entered politics, has also noted, "The job of a diplomat is physically demanding. We can't put someone who is in a retirement mode to head an embassy."

Michael Macaraig, president of the DFA Personnel Association (DFAPA), the umbrella organization composed of foreign-service officers and foreign service staff employees, the DFA Rank and File Association (DFARFA), does not see logic as well in re-enlisting into active service someone who has reached the age of retirement in another department. Pointing to the case of former Chief Justice Davide, he observes, "In the Supreme Court's standard, Davide is retired. Why should DFA's standard be less?"

Then again, glamorous foreign-service assignments seem to be one of the standard prizes for those who have pleased whoever is sitting in Malacañang — although these are also used at times to court someone whom the Palace wants to win over or placate.

Guingona's nomination as ambassador to China, for instance, was seen as largely as the Arroyo administration's way of winning back the former vice president who had even endorsed the presidential bid of opposition bet Fernando Poe Jr. in the 2004 elections.

Many observers also consider the nomination last year of respected journalist Amando Doronila to a diplomatic post in Europe as another Palace ploy to neutralize yet another of its critics. Doronila would have been the Philippine ambassador to Belgium had not the Commission on Appointments rejected his nomination. But it was not his advanced age that did him in, although he was already 77 years old at the time. It was his competence that was challenged instead, with Sen. Luisa 'Loi' Ejercito making only a brief reference to his age during the confirmation hearings.

Unlike Doronila and Guingona, Davide's nomination to the U.N. post is nothing less than a reward, say observers. Indeed, Davide's decision to administer the presidential oath of office to then Vice President Arroyo on January 20, 2001 paved the way for her controversial assumption to the Office of the President.

WHATEVER ITS real reasons for nominating people deemed over the age limit under the Foreign Service Act, the Arroyo administration has maintained that it is well within its rights to do so.

In his reply to the complaint filed by Tatad on Guingona, then Solicitor General Alfredo Benipayo said, "Since an ambassador is the personal representative of the President and acts in behalf of the President, the President must be allowed to choose whomever she or she pleases."

In addition, Benipayo's interpretation of the Act was that any person, regardless of age, may be appointed or re-appointed by the president as ambassador, provided that non-career appointees past the retirement age shall not be entitled to retirement benefits.

Davide himself has seen it fit to defend Malacañang's decision to nominate him. Taking the unprecedented step of answering someone opposed to his own nomination, Davide said, "The law recognizes the traditional power of the President to nominate/appoint in the foreign service individuals who are more than 65 years old whom the President believes can effectively represent the Philippines in diplomatic and permanent missions."

Foreign Undersecretary for Administration Franklin Ebdalin, for his part, says that the president's power to nominate a person of his or her choice as ambassador emanates from the Constitution and whatever the interpretation of R.A. 7157, the latter cannot supersede the former.

It could well be, though, that Malacañang has also been emboldened by the willingness of DFA's own career officers to overlook the rules and have themselves considered for assignments abroad even after they turn 65.

Just recently, retired career diplomat Antonio Villamor, 72, was confirmed as ambassador to Saudi Arabia. Last August, too, DFA employees complained to Foreign Affairs Secretary Alberto Romulo about the third extension of service of the ambassador to Japan, Domingo L. Siazon Jr., who turned 65 in July 2004.

Jocelyn B. Garcia, DFA's acting assistant secretary for personnel and administration, wrote the Office of Legal Affairs, expressing concern on the legality of the extension of Siazon's services "by the Office of the President from 10 July 2006 to 10 July 2007."

Both Garcia and the DFAPA cited E.O 136 issued by President Joseph Estrada on July 31, 1999 that limits extensions to "extremely meritorious reasons" and for "a maximum of one (1) year only."

But Siazon, who was the foreign secretary when E.O. 136 was signed, echoed Davide in retorting, "The prerogative of the President of the President to appoint ambassadors is well established under Philippine jurisprudence."

He also insisted that his third extension is legal. "Executive Orders are signed by the President and therefore the President can in certain cases authorize exemptions to E.O. 136," he said. "In all my extensions, the words 'as an exemption under E.O. 136' have been clearly indicated. I am quite certain about the legality of this appointment."

Perhaps unaware of the restlessness his second extension caused in the DFA, Siazon then asked, "Why is the legality of the third extension being questioned? Why is the second extension not being questioned?"