This is an ardent and urgent request for Philippine Senate to conduct an immediate comprehensive inquiry, in aid of legislation on the promotion of Philippine Coast Guard (PCG) Rear Admiral William M. Melad from a mere Commodore grade/ rank/ position in the echelon of the PCG which is evidently marred by various irregularities; and to further probe on other PCG lapses and indiscretions under Melad’s tenure!

We would like to particularly call the attention of the following Senators:

Senator Mary Grace Sonora Poe – Llamanzares
Senate of the Republic of the Philippines
Room No. 525 Government Service Insurance System (GSIS) Building
Financial Center, Roxas Boulevard, Pasay City
Email Address: gracepoe2013@gmail.com
Chairperson, Committee on Public Information and Mass Media
Chairperson, Joint Oversight Committee on the Human Security Act;

Senator Maria Lourdes Nancy Sombillo Binay
Senate of the Republic of the Philippines
Room No. 523 GSIS Building
Financial Center, Roxas Boulevard, Pasay City Email: binaynancy2013@yahoo.com
Chairperson of the Senate Committee on Social
Justice, Welfare and Rural Development; and

Senator Alan Peter "Compañero" S. Cayetano
Majority Leader, Senate of the Republic of the Philippines
Room No. 603 GSIS Building
Financial Center, Roxas Boulevard, Pasay City
Email: alanpetercayetano.media@gmail.com
Chairman, Senate Committee on Rules

SUBJECT: Ardent and urgent request for Philippine Senate to conduct an immediate comprehensive inquiry, in aid of legislation on the promotion of Philippine Coast Guard (PCG) Rear Admiral William M. Melad from a mere Commodore grade/ rank/ position in the echelon of the PCG which is evidently marred by various irregularities; and to further probe on other PCG lapses and indiscretions under Melad’s tenure

Dear Senators Poe - Llamanzares and Binay:

In your Honors respective capacities as Chairperson, Committee on Public Information and Mass Media and Joint Oversight Committee on the Human Security Act; as Chairperson of the Senate Committee on Social Justice, Welfare and Rural Development; and as Majority Leader of the Senate of the Republic of the Philippines and Chairman, Committee on Rules, the herein undersigned most respectfully requests the Philippine Senate to please conduct an urgent investigation, in aid of legislation on the promotion of PCG Rear Admiral William M. Melad on 22 August 2014 from a mere Commodore grade/ rank/ position in the echelon of the PCG which is manifestly stained with various anomalies; and further probe on other PCG crimes and lapses which might have occurred during Melad’s stint as such newly installed Rear Admiral.

In spite of the fact that the two chambers of Philippine Congress adjourned session on the eve of 03 February 2016 for the election campaign and Congress would be on break until 22 May 2016 or after this year’s general elections on 09 May 2016, I strongly believe that you could still find and take time to initiate the investigation of these anomalies (AND OR AT LEAST, YOUR HONORS WOULD PLEASE PROVIDE THE NEEDED LEGAL ASSISTANCE FOR THE UNDERSIGNED TO PURSUE THE FILING OF APPROPRIATE ADMINISTRATIVE AND CRIMINAL CASES AGAINST THE HEREIN INVOLVED PERSONALITIES!)

Melad is a member of the Philippine Military Academy Class Matikas of 1983 and a graduate of Master of Science in Maritime Safety Administration at the World Maritime University.

This early, we would like to assume that Melad and the people who are behind and in conspiracy with Melad’s illegal promotion have evidently violated Executive Order No. 292 (The Revised Administrative Code of 1987); Republic Act No.3019 (The Anti-Graft and Corrupt Practices Act); R. A. No. 6713 (An Act Establishing the Code of Conduct and Ethical Standards for Public Officials and Employees); and Sections 8, 9, 10, 12 and 13 of R. A. No. 9993 (Philippine Coast Guard Law of 2009).

Melad, if only he is a presidential appointee would have violated as well EO No. 136, Series of 1999 (Requiring Presidential approval of requests for extension of services of presidential appointees beyond the compulsory retirement age).

Your goodselves would certainly be alarmed that this particular event occurred unnoticed right at the confines of the Office of the President and this time, it again involves the Honorable Joseph Emilio Aguinaldo Abaya, the incumbent Secretary of the Department of Transportation and Communications (DOTC). [DOTC Sec. Abaya is glaringly known by Light Rail Transit System/ Metro Rail Transit System (LRT/ MRT) daily commuters as a hopeless, dismal and total failure when it comes to the operation and management of these rail systems.]

Worse, the promotion of Melad seemingly happened without His Excellency Benigno S. Aquino III, the President of the Republic of the Philippines having any hint or little knowledge about it while these crimes were being hatched and committed; and even after these said crimes were all accomplished right under his nose.

It is this premise that yours truly is informing your Honors about this uncanny development for you to kindly take the initiative of conducting the appropriate full Senate investigation to once and for all stop this practice, to eventually preempt and prevent the occurrence of the same in the future, not only in the PCG but in other government agencies as well and then, to ultimately punish those persons who have benefited in these wrongdoings.

Hereunder are the facts and circumstances of this instant case:

1. William M. Melad is formerly occupying the grade/ rank/ position of Commodore in the PCG;

2. On 22 August 2014, he was promoted as Rear Admiral of the PCG and he is now occupying the said post;

3. For your ready reference, hereto attached as Annex “A” is the copy of the PCG GENERAL ORDERS Number 218 dated 01 September 2014, re: PROMOTION of Melad from a mere Commodore to the rank of Rear Admiral;

4. Duly signed by Mitziel B. Bautista, Coast Guard Adjutant and although his name appears, (it was not signed by) Joselito F. Dela Cruz, Commo PCG, Chief of Coast Guard Staff, this PCG GENERAL ORDERS Number 218 dated 01 September 2014 reads in part, “Pursuant to the Letter from the Office of the President, Republic of the Philippines dated 22 August 2014, COMMODORE WILIAM M. MELAD 0-8684 PHILIPPINE COAST GUARD is hereby promoted to the rank of REAR ADMIRAL (0-8) effective as of 22 August 2014. His name will be placed in order below the name of REAR ADMIRAL CECIL R CHEN 0-8492 PHILIPPINE COAST GUARD in the General Line Officers Seniority Lineal List;”

5. The said PCG GENERAL ORDERS Number 218 dated 01 September 2014 in its closing paragraph further reads, “BY COMMAND OF VICE ADMIRAL ISORENA;”

6. Corollary, Melad took his oath of office before DOTC Sec. Abaya right at the DOTC office right after his promotion was signed by Pres. Aquino;

7. Thereafter, an arrival honor for Melad was rendered at the PCG headquarters during the same day;

8. It can be recalled that on 31 December 2013, PCG Vice Admiral Rodolfo D. Isorena, presently the Commandant of the PCG, endorsed the promotion of Melad to DOTC Sec. Abaya in spite of the fact that subject officer was supposed to have compulsorily retired as mandated by law;

9. In his endorsement letter to DOTC Sec. Abaya, Isorena persuaded the DOTC Secretary to recommend the promotion of Melad to Pres. Aquino, the President of the Republic of the Philippines using these grounds as justification: “If the Secretary of the DOTC had applied the attrition provision on Melad, this will accordingly dissipate the PCG officers who are in similar situation;”

10. And disturbingly, DOTC Sec. Abaya totally believed the endorsement letter made by Isorena and he was completely convinced of the said recommendation and subsequently, DOTC Sec. Abaya himself recommended to President Aquino the promotion of Melad from a mere Commodore grade/ rank/ position to a Rear Admiral position in the PCG;

11. Thus, the contentious questions right away necessary to be raised to both DOTC Sec. Abaya and President Aquino are the following: “Are you ignorant or not knowledgeable enough about the promotion procedures in the PCG?” And “Are you not appropriately provided with Completed Staff Work by your staff or subordinates?;”

12. Deeper analysis of the endorsement letter of Isorena to DOTC Sec. Abaya was apparent to have been made as a mere presumption or sheer imagination simply because it has no mathematical or actuarial basis whatsoever. It is evident now the subject endorsement was a political move;

13. It is on official record that then through Assistant Secretary (DANTE M. LANTIN), Director for Administrative Service of the DOTC (ROWENA S. QUIOGUE), had officially issued a Memorandum for the DOTC Secretary dated 13 February 2014, re: REPLY TO THE PCG ENDORSEMENT FOR THE PROMOTION OF COMMO WILLIAM M. MELAD, PCG, TO THE RANK/ GRADE OF REAR ADMIRAL (0-8);

14. The copy of said Memorandum for the DOTC Secretary dated 13 February 2014 is hereto attached as Annex “B;”

15. The said Memorandum for the DOTC Secretary dated 13 February 2014, re: Reply to the PCG Endorsement for the Promotion of Commo William M. Melad, PCG, to the Rank/ Grade of Rear Admiral (0-8) reads in part, “Upon review of the documents submitted, this Office found out that COMMO Melad already exceeded the prescribed maximum tenure in rank and position as provided for in Sections 9 and 10 of R.A. 9993 (Philippine Coast Guard Law of 2009). The rank of Commodore shall have a maximum tenure of five (5) years while a District Commander shall have a maximum of three (3) years. COMMO Melad has been appointed to his present rank since 2007, the same year he was appointed to the position of District Commander. Hence, COMMO Melad exceeded both limits – more than a year as a Commodore and more than three (3) years as a District Commander;”

16. In a separate five (5) – page Memorandum for the Honorable DOTC Secretary dated 24 March 2014, re: REQUEST FOR LEGAL OPINION ON THE PROMOTION OF COMMO WILLIAM M . MELAD, PCG that was sent through JAIME FORTUNATO A. CARINGAL, the Assistant Secretary for Legal Affairs, ATTY. GERARD L. CHAN, the Director of Legal Service of the DOTC had again sustained the recommendation for Melad to compulsorily retired citing the same aforementioned grounds and reasons;

17. The copy of the said Memorandum for the Honorable DOTC Secretary dated 24 March 2014 is hereto attached as Annex “C;”

18. Melad’s promotion from a Commodore grade/ rank/ position to a Rear Admiral post was extremely in contravention of Section 9 of R. A. No. 9993. The law only prescribes a maximum tenure of five (5) years for Commodore but in this instant case, Melad had overstayed beyond the period or term as mandated by the subject law;

19. As a ready reference, please find herewith the attached copy of a six (6) - page R.A. 9993 (Philippine Coast Guard Law of 2009) passed and approved on 12 February 2010 as Annex “D;”

20. Melad should have already compulsorily retired as of 18 December 2012, the fifth (5th) year he had been occupying the Commodore grade/ rank/ position;

21. Or if indeed there was a necessity or exemption or lapse, a one (1) year extension is added, then Melad should have already again compulsorily retired on 18 December 2013;

22. Hereto attached as Annex “E” is the two (2) – page PCG GENERAL ORDERS Number 02, re: PROMOTION dated 07 January 2008 duly signed by Mitzie Silva – Campo, LT PCG, Coast Guard Adjutant and although his name appears, (it was not signed by) PCG Commo Isorena, then Chief of Coast Guard Staff;

23. Paragraph II of the 2 – page PCG GENERAL ORDERS Number 02, re: PROMOTION dated 07 January 2008, reads in part: “Pursuant to the Letter from the Office of the President of the Philippines dated 18 December 2007, following named Officers are promoted to the rank of COMMODORE (0-7) effective as of 18 December 2007. Their names will be placed below the name of COMMODORE ROLANDO M. DIZON 0-8316 PHILIPPINE COAST GUARD in the PCG Officers’ Seniority Lineal List.

CAPTAIN RODOLFO D. ISORENA 0-8485 PHILIPPINE COAST GUARD
CAPTAIN DANILO M. VILDA 0-107273 PHILIPPINE COAST GUARD
CAPTAIN WILLIAM M. MELAD 0-8684 PHILIPPINE COAST GUARD
CAPTAIN DANILO S. CORPUZ 0-112956 PHILIPPINE COAST GUARD

24. Worse, at the time of his promotion, Melad was actually not occupying the Rear Admiral grade/ rank/ position;

25. Section 8 of R. A. No. 9993 explicitly prescribes that the officer should occupy a position that requires the rank for which he is being considered for promotion;

26. The legislative intent of R. A. No. 9993 based on the transcript of records of the meeting of the Bicameral Conference Committee, indicates or points out to make all Coast Guard District Commander positions a Commodore rank, and NOT a Rear Admiral rank;

27. Hereto attached as Annex “F” is the nine (9) – page transcript of records of the meeting of the Bicameral Conference Committee that was held on 18 November 2009 and prominently attended by a certain Tamayo of the PCG, Representatives Roilo M. Golez and Monico O. Puentevella and Senator Rodolfo G. Biazon;

28. The agenda of the meeting of the said Bicameral Conference Committee was to iron out the disagreement on the provisions of Senate Bill No. 3389 and House Bill No. 5151 as they were then drafting the R. A. No. 9993 or the Philippine Coast Guard Law of 2009;

29. The legislative intent that a Coast Guard District Commander position is considered a Commodore rank was clearly acknowledged by the DOTC itself in its Department Order No. 2014-010 dated 02 September 2014, a guideline on PCG ranking requirements;

30. What a coincidence or surprisingly, a fifteen (15) – page DOTC Department Order which is appropriately labeled as DOTC Department Order No. 2014-010 dated 02 September 2014, re: PHILIPPINE COAST GUARD ORGANIZATIONAL STRUCTURE has come out and was only issued immediately after one (1) day after Melad took his oath of office as Rear Admiral on 01 September 2014;

31. The copy of said 15 – page DOTC guideline dated 02 September 2014 is hereto attached as Annex “G;”

32. The memorandum/ transmittal letter dated 08 September 2014 of DOTC Undersecretary for Operations Edwin R. Lopez, re: DOTC DEPARTMENT ORDER NUMBER 2014-010 (PCG NEW ORGANIZATIONAL STRUCTURE) to VADM ISORENA, Commandant, PCG is hereto attached as Annex “H;”

33. It is obvious that both the DOTC Secretary and the President of the Republic of the Philippines were both entirely unaware or ignorant and or they were kept in the dark and not even properly informed that there is such DOTC guideline on PCG ranking requirements;

34. Worst, both the DOTC Secretary and the President were also not apprised that the said DOTC Department Order No. 2014-010 was the subject of an earlier approved two (2) – page Memorandum to the Secretary of the DOTC dated 15 July 2014 patently indicating that a Coast Guard District Commander position is a Commodore position;

35. Hereto attached as Annex “I” is the said 2 – page Memorandum For The Honorable Secretary of the DOTC dated 15 July 2014, re: DEPARTMENT ORDER FOR THE ESTABLISHMENT OF THE ORGANIZATIONAL STRUCTURE OF THE PHILIPPINE COAST GUARD which is duly signed by DOTC Undersecretary for Operations Edwin R. Lopez and accordingly approved by DOTC Sec. Abaya himself on the said even date;

36. The President of the Republic of the Philippines, based on the solid recommendation of the DOTC Secretary, has been almost certainly entirely not aware of the deficiencies, inadvertences and various other defects of the promotional papers of Melad, thus he eventually signed the promotion of Melad to become a full-fledged PCG Rear Admiral on 20 August 2014;

37. Melad’s assignment or stint as Coast Guard District Commander with a total cumulative aggregate of six (6) years, nine (9) months and eighteen (18) days is a clear violation of Section 10 of R. A. No. 9993;

38. Section 10 of R. A. No. 9993 prescribes that a maximum tenure of three (3) years is allowed in a Coast Guard District Commander position but Melad unreservedly violated this particular provision of law NOT ONLY ONCE BUT THRICE;

39. It can be recalled that on 16 November 2007, Melad already reached the maximum allowable tenure of three (3) years as a Coast Guard District Commander and on that fateful day, he should NOT have assumed the said post in the first place;

40. That the second (2nd) instance Melad defied again Section 10 of R. A. No. 9993 was when he assumed the Coast Guard District Commander post in Batangas Province;

41. The third (3rd) occasion where again Melad transgressed this specific Section of Law was when he accepted and assumed the position of Coast Guard District Commander in Cebu Province;

42. Hereto attached as Annex “J” is the two (2) – page PCG GENERAL ORDERS Number 222 dated 16 November 2007, re: Section I - Termination of Designation; and Section II – Designation which is in compliance to the Command of Vice Admiral Abinoja and is duly signed by Mitzie Silva – Campo, LTJG PCG,Coast Guard Adjutant and (not signed) by Isorena, Capt PCG, Chief of Coast Guard Staff;

43. Explicitly prescribes by Section 10 of R. A. No. 9993, the maximum tenure of three (3) years for a Coast Guard District Commander position, it is the basis of the six (6) – page PCG CIRCULAR, re: SELECTION OF PCG OFFICERS FOR KEY POSITIONS dated 09 March 1998;

44. In Number IV, entitled POLICIES, Letter I of the said 6 – page PCG CIRCULAR, re: selection of PCG OFFICERS FOR KEY POSITIONS dated 09 March 1998, it explicitly states: An officer may not be allowed to have an accumulated tour of duty as District Commander for more than four (4) years unless exigency of the service requires otherwise;

45. Hereto attached as Annex “K” is the copy of the said 6 – page PCG CIRCULAR, re: selection of PCG OFFICERS FOR KEY POSITIONS dated 09 March 1998;

46. Even as a mere presumption, if indeed the PCG Circular on “Selection of PCG Officers for Key Positions” dated 09 March 1998 was made basis for Melad’s uninterrupted stay as Coast Guard District Commander, he should have been transferred from his original position to other different positions other than a Coast Guard District Commander post as early as November 2011;

47. Another flagrant violations committed by Melad was that when he was the Coast Guard District Commander up to year 2014 in Cebu where he was promoted to a two (2) - star position as early as 06 November 2011;

48. At that time, the Coast Guard District Central Eastern Visayas (CGDCEV) which originally covers the two (2) political regions of Region 7 and Region 8 was emasculated and divided into two (2) Coast Guard Districts, namely Coast Guard District Central Visayas and Coast Guard District Eastern Visayas;

49. Thus, Coast Guard District Central Visayas and Coast Guard District Eastern Visayas have been classified or considered as just a one (1) star Coast Guard District;

50. This division of the old CGDCEV actually followed the legislative intent of making all Coast Guard Districts as a one (1) star position as shown by the transcript of records of the Bicameral Conference Committee;

51. Renaming of Districts is contained in a one (1) – page PCG GENERAL ORDERS No. 249 dated 06 September 2011, re: Section I – Renaming of District, etc. where the Headquarters of Coast Guard District Central Eastern Visayas (CGDCEV) is hereby renamed as Headquarters of Coast Guard District Central Visayas (CGDCV);

52. The 1 – page PCG GENERAL ORDERS No. 249 dated 06 September 2011, re: Section I – Renaming of District, etc. which is duly signed by Jefferson L. Rico, LT PCG, Coast Guard Adjutant is hereto attached as Annex “L;”

53. Meanwhile, in a one (1) – page PCG GENERAL ORDERS No. 250 dated 06 September 2011, re: Section I –Activation, etc. where the Headquarters CGDCEV is hereby activated as a subordinate unit of the PCG effective 06 September 2011;

54. The copy of the 1 – page PCG GENERAL ORDERS No. 250 dated 06 September 2011, re: Section I –Activation, etc. is hereto attached as Annex “M;”

55. On 08 March 2012, a one (1) – page ORDER No. 02 dated 08 March 2008, re: ASSUMTPION OF MELAD AS COMMO PCG effective on the said even date was issued and duly signed by Melad himself;

56. The 1 – page ORDER No. 02 dated 08 March 2008, re: ASSUMTPION OF MELAD AS COMMO PCG, reads in full: “PURSUANT TO PARAGRAGH 01 SPECIAL ORDERS NUMBER 05 HEADQUARTERS PHILIPPINE COAST GUARD DATED 31 JANUARY 2012, I HEREBY ASSUME ALL DUTIES AND RESPONSIBILITIES AS COMMANDER, COAST GUARD DISTRICT CENTRAL VISAYAS EFFECTIVE THIS DATE;”

57. The copy of the 1 – page ORDER No. 02 dated 08 March 2008, re: ASSUMTPION OF MELAD AS COMMO PCG is hereto attached as Annex “N;”

58. Since Melad’s promotion did not pass the evaluation of the PCG Promotions Board as prescribed under Section 13 of said R. A. No. 9993, the promotion of Melad is void ab initio;

59. To prove that indeed Melad’s promotion actually did not pass the evaluation of the Promotion Board, there is no record of the minutes of deliberation;

60. To further prove that undeniably Melad’s promotion did not in reality pass the evaluation of the Promotion Board, there is again no transcript of records of deliberation and resolution that would show and prove that indeed Melad had undergone the required legal process such as personal interview by the Board, a publication of the candidates for the rank, among other promotional requirements;

61. Based on these premises, it appears that the PCG deliberately disregarded the required administrative processes relative to the promotion of Melad and other officers in position and rank pursuant to R. A. No. 9993;

62. In comparison, the promotion to a Regional Director or Brigade Commander position or higher post of an officer of the Armed Forces of the Philippines (AFP) and or the Philippine National Police (PNP), it is lodged before the Office of the President;

63. But in the PCG, the promotion of its officers to the same or similar Regional Director or Brigade Commander position or higher post (that is Flag ranks) in either the AFP or PNP, it is accomplished by mere Authority of the PCG Commandant;

64. Hence, it is a clear violation of Section 12 of R. A. No. 9993 which specifically mandates that the selection and promotion to position of Flag ranks should be done by the Authority of the President of the Republic of the Philippines;

65. That the instance of Melad somehow violates the essence of attrition provisions of R. A. No. 9993 which were initiated by the authors of this law mainly to professionalize the PCG in consonance with the selection and promotion system of the AFP and PNP;

66. It can be recalled that in a one (1) – page PCG GENERAL ORDERS dated 03 September 2010, re: Section I - Termination of Designation; and Section II – Designation, Melad was then designated PCG Commander effective as 17 August 2010;

67. The 1 – page PCG GENERAL ORDERS dated 03 September 2010, re: Section I - Termination of Designation; and Section II – Designation is hereto attached as Annex “O;”

68. And considering that from 04 January 2011 up to 18 October 2012 while the incumbent Department of the Interior and Local Government secretary Manuel "Mar" Araneta Roxas II was then the reigning Secretary of the DOTC (and if only he was extra attentive or intensely observant), he should have preempted or prevented these above-stated crimes to have been hatched and executed by these PCG people. Therefore, for being grossly incompetent and negligent not to be able to put these anomalies in a halt, he should also be held equally accountable and liable of these said irregularities along with these offenders!

Highly motivated by his honest and intense desire to promote “accountability, good governance, justice, rule of law, transparency, truth, good ethics, positive principles and best values” in the private and public sector, the herein undersigned has taken the courage of initiating this concern in his genuine belief that he also could give modest contributions and support to the changes and reforms that your good selves are undertaking in our bureaucracy which, the undersigned so sincerely believes would eventually redound to the greater benefit of the Filipino masses, in particular and ultimately serve the best interest of our country, as a whole!

Twice, he was a scholarship examination topnotcher [Philippine Coconut Producers Federation, Inc. (COCOFED) and Department of Education (DepEd) scholarship tests]. He finished high school education as a COCOFED scholar. At the University of the East, he enrolled as a DepEd national state scholar and eventually completed Bachelor of Science in Civil Engineering course as a Civil Service Commission (CSC) - Philippine Postal Corporation (PHLPost) scholar.

He is currently the chairman of the board of trustees of Hukuman ng Mamamayan Movement, Inc. (HMMI), an organization which campaigns for the change of the present justice system in the Philippines into a Jury justice system. He is also a chapter president of the Philippine Trial by Jury Movement, Inc. the objective of which is also to establish a Jury justice system in the country!

A solo parent himself, he is the founder and general secretary of the National Confederation of Solo Parents, Inc. (NSCP), an association of single fathers and single mothers which espouses responsible solo parenting; and having been a long time regular member of the National Press Club of the Philippines then and erstwhile president of PHLPost Workers Union (PWU), he became president of Alab ng Mamamahayag (ALAM) – PHLPost chapter, a movement of practicing journalists and citizens advocating genuine press freedom.

He was one of the founders of the DOTC – Public Information Officers Council, an organization of information officers of the DOTC and its attached agencies. He served as public relations officer of the said group at the time when he was then the chief of the PHLPost’s Media and Public Affairs Office.

Anticipating your Honors will duly acknowledge this letter and immediately appropriately act on this urgent concern, I remain
Very truly yours,

TIRSO NIEVA PAGLICAWAN, JR.
mobile phone no. 09288624238
tirsopaglicawan@yahoo.com