Malacañang revokes Arroyo 'midnight appointments'

(Updated 3:45 p.m.) Malacañang, through its second executive order, revoked on Wednesday the "midnight appointments" made by the previous Arroyo administration. This was revealed by Chief Presidential Legal Counsel Eduardo de Mesa and presidential spokesman Edwin Lacierda at a press briefing in Malacañang as they presented President Benigno "Noynoy" Aquino III's Executive Order No. 2 "recalling, withdrawing, and revoking appointments issued by the previous administration in violation of the Constitutional ban on midnight appointments." EO No. 2, signed July 30, laid out three conditions that constitute midnight appointments made by Arroyo and other appointing authorities in "departments, agencies, offices, and instrumentalities including government owned or controlled corporations." These are appointments made on or after March 11, 2010 and also those before March 11, 2010 where the appointee has accepted, or taken his oath, or assumed public office on or after March 11, 2010. It also includes "anticipated appointments," or those made before March 11 but took effect after that day, or appointments to positions that became vacant only after March 11. On the other hand, it excludes "temporary appointments in the executive positions when continued vacancies will prejudice public service or endanger public safety as may be determined by the appointing authority." EO No. 2's definition of midnight appointments also covers appointments and promotions made 45 days before the May 10 elections, as these were done in violation of Section 261 of the Omnibus Election Code. Aside from Section 261 of the Omnibus Election Code which prohibits the appointment of new employees, promotions, or creation of new positions 45 days before a regular election, Malacañang cited as basis for EO No. 2 jurisprudence, and Section 15, Article VII of the 1987 Constitution, which provides that "two months immediately before the next presidential elections and up to the end of his term, a president or acting president shall not make appointments, except temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety." 977 'midnight appointees' De Mesa said Malacañang has identified at least 977 "suspected" midnight appointees who were appointed immediately before March 10. The number, he said, could go up pending "investigations" by Cabinet secretaries. The number includes prosecutors, provincial agrarian reform officers, assistant secretaries, and even undersecretaries, said De Mesa. "The sheer number of these appointments is basis to the belief that they were made for the purpose of depriving the next president the prerogative of making these appointments and that they were made contrary to the principle that within the presidential election period, an outgoing administration must act only as a caretaker administration duty-bound to prepare for the orderly transfer of authority to the successor and is thus enjoined form performing acts which would imbalance or obstruct the policies of the successor and or negate the successors executive prerogative to exercise his appointing power," De Mesa said. However, De Mesa said the actual number of midnight appointees could also be less than 977, as some appointments made immediately before March 10 could have been "valid" and "complete," and not "anticipated appointments." He also said some "midnight appointees" could have already vacated their posts because their terms were co-terminus with the previous president; could have already been replaced, through Memorandum Circular No. 1; or could have been reappointed if they had been found "deserving" to stay in their positions. De Mesa said, however, that voluntarily resignations from sitting midnight appointees would "be very much appreciated." "As the president said, there would be one less headache for each one who voluntarily resigns," said De Mesa, referring to Aquino's reaction when Philippine Amusement and Gaming Corp. chief Efraim Genuino resigned last June, after Aquino criticized Mrs. Arroyo's extension of Genuino's term for one more year. Executive Secretary Paquito "Jojo" Ochoa Jr. is empowered by EO No. 2 to designate officers-in-charge to perform the duties and responsibilities of officials who may be forced to vacate their posts because of the order, which is effective immediately. Even though Malacanang lambasted Mrs. Arroyo for making hundreds of "midnight appointments," De Mesa said he does not know if she could be held criminally liable for such a move. "I don't know of any criminal case for which she could be held liable for making improper appointment," he said. Judiciary not covered Earlier, in the press briefing, De Mesa said EO No. 2 "could" affect the judiciary but he later backtracked, saying he cannot recall any appointments made to the judiciary after March 10 . De Mesa said said EO No. 2 definitely will not affect Mrs. Arroyo's selection in May 12 of then Associate Justice Renato Corona as the replacement of then outgoing Chief Justice Reynato Puno, who retired on May 17. "The appointment of Justice Corona has been already settled or decided by the Supreme Court and that's the final word on the matter," said the presidential legal counsel. Aquino had opposed the appointment of Corona, who was Mrs. Arroyo's spokesperson before he was appointed as a justice of the high tribunal. Lacierda, however, said Aquino respects the final Supreme Court ruling allowing Mrs. Arroyo to appoint a new Chief Justice during the election period. Lacierda said Aquino's campaign statement rejecting Corona's appointment was "made prior to the filing of the case questioning the appointment of Chief Justice Corona." Lacierda pointed out that the President acknowledged Corona as Chief Justice during the "Red Mass" at the Manila Cathedral last July 7 and in his State of the Nation Address in July 26. — RSJ/VVP/LBG, GMANews.TV