Baja’s statement was seen as a last-ditch effort to stop his recall. Baja, who has been the Philippine representative to the UN for many years, has enlisted the help of various Filipino American organizations in New York and Washington D.C. to stop his recall.

Baja was unanimously elected to the post of vice president on Nov. 2, the first time that the country topped an election to major organ of the UN, the statement from Baja said.

Malacanang defended the controversial appointment of Davide saying he was in a position now to defend the country’s human rights record in the UN following the negative report made by the UN mission which looked into the killings of activists in the Philippines recently.

The findings of team led by Philip Alston, UN special rapporteur on extra-judicial, summary or arbitrary executions and executions, will be submitted to the UN in three months.  Executive Secretary Eduardo Ermita said Davide is familiar with the issue of political and unexplained killings. Ermita said 95 percent of UN members are not yet properly oriented on developments in the Philippines, particularly on human rights violations and the initial findings of the Alston team.

Last June Filipino Americans criticized President Gloria Macapagal-Arroyo over the untimely recall of Philippine ambassador to the United States Albert del Rosario whom they rated as one of the best Filipino ambassadors to the United States. Del Rosario was also not given the normal 60-day transition period.

Filipinos working in the United Nations have expressed concern over reports that Davide plans to engage in official activities as soon as he arrives in New York.

In Manila, the Department of Foreign Affairs continued to insist that the appointment of Davide, the former chief justice, was legal and valid.

Because the Commission on Appointments has refused to  confirm his appointment, President Arroyo reappointed him on an interim basis. Davide is now regarded as the Philippines’ John Bolton who was appointed by President Bush on an interim basis after the US Senate refused to confirm his appointment.

DFA spokesman Claro Cristobal said that Davide’s appointment and assumption of office conformed with the doctrine laid down by the Supreme Court in the case of Matibag v. Benipayo.

The decision reads: “Whether the President chooses to nominate the prospective appointee or extend an ad interim appointment is a matter within the prerogative of the President because the Constitution grants her that power. This Court cannot inquire into the propriety of the choice made by the President in the exercise of her constitutional power, absent grave abuse of discretion amounting to lack or excess of jurisdiction on her part."

Cristobal said that the Constitution does not impose any condition on the effectivity of an ad interim appointment; thus, an ad interim appointment takes effect immediately. He said an appointee can at once assume office and exercise all the powers pertaining to the office.

On the other hand, the recall of Baja, who has been elected vice president of the United Nations Economic and Social Council (Ecosoc) was also valid, Cristobal stressed.

He said that as a political appointee, Baja serves at the pleasure of the President.

As such, there is no requirement for advance notice to Baja of his recall, unlike in the case of career officials, as in the case of Astraquillo v. Manglapus, he said. “Nonetheless, Ambassador Baja was given formal and effective prior notice."

“The Department of Foreign Affairs is confident that Ambassador Davide will bring honor and true service to the country as its new Ambassador to the United Nations," Cristobal said.

Opponents of his appointment said Davide if too old to assume the post and ws in violation DFA rules that no person over 70 years old should be appointed to be ambassador.

Main opponent of Davide in the Commission on Appointments is Sen. Jinggoy Estrada who could never forget that it was he who legalized the ouster of his father, President Joseph Estrada and anointed the takeover by Vice President Gloria Macapagal Arroyo in the People Power revolt of 2000.