The answer is simple: because that is the procedure. But that is not an implied grant of power to appoint on the part of NEA. By the same token, if NEA thinks it is the one to appoint a GM, then why does it have to submit the final list of names of the nominees to the GM post to the Board of Directors?
The power to appoint a GM in favor of the Board of Directors is express (explicit). The law says so. The good dean’s suggestion that NEA also has the power to appoint is merely implied. Only he thinks so.
So many people are thrown off by that phrase “subject to approval by NEA.” Let me explain.
When you get married, you have to file an application for a Marriage License. Your application must be “APPROVED” by the Local Civil Registrar. To make that decision, the registrar will check if both parties are capacitated--meaning both husband- and wife-to-be possess all the capacities and none of the impediments to contract marriage under the Family Code. If there’s no problem, he “APPROVES” the application and issues the prospective couple their marriage license.
BUT the Civil Registrar CANNOT DISAPPROVE the application because he doesn’t think the man and woman would make a good couple!
That’s none of his business. That is NOT the “APPROVAL” that he is authorized by the law to make. All he is empowered by the law to do is to determine if the applicants meet the STATUTORY REQUIREMENTS ONLY--not the practical requirements of good character, pleasing personalities, compatible zodiac signs, financial capacity, promise of sexual fulfillment yada yada.
Now apply that concept to NEA. The only thing NEA can “APPROVE” is whether GM Licoben and the BENECO Board of Directors can “get married,” metaphorically speaking. NEA cannot tell the Board, “Ay, huwag yan! Ang panget! Ito na lang si Marya, mas guwapo!”
Pakialam nyo ba.*
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