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Aquino revokes Arroyo EO on govt lawyers


After revoking "midnight" appointments made by the previous administration, Malacañang voided another ruling made by former President Gloria Macapagal Arroyo— the granting of career executive service (CES) ranks to lawyers in the executive department. In a press briefing on Friday, Chief Presidential Legal Counsel Eduardo de Mesa said President Benigno "Noynoy" Aquino III's Executive Order No. 3 immediately revokes Arroyo's Executive Order (EO) No. 883 which grants automatic CES ranks to lawyers in the executive department. Arroyo issued EO 883 only on May 28, just a little over a month before stepping down from office. "Objections have been raised against this EO [883] by various parties including those who have worked very hard to obtain their CESOs as well as the CESB (Career Executive Service Board)," De Mesa said. "Upon review of the EO 883 it as determined that it is illegal becuase it amounts to an amendment of the existing law vesting on the CESB the power or prerogative to promulgate rules, standards and procedures on the selection, classification, compensation and carer development of members of the career executive service," he said. This power of the CESB is contained in Presidential Decree 1 and the Administrative Code of 1987, De Mesa said. Government employees normally go through long processes of examinations and interviews to become Career Executive Service Officers (CESO). De Mesa said they have yet to determine the number of government lawyers who will be affected by Aquino's latest EO. However, since the CESB itself objects to the legality of Arroyo's EO No. 883, no government lawyer has been automatically given CESO Rank III as stated in EO 883, he said. "No lawyer has yet been granted as far as I know a CESO rank on account of this EO [883]," he said. De Mesa acknowledged that there have been "rumors" that Arroyo allegedly issued EO No. 883 for "political accommodation." However, De Mesa refused to comment on it, saying he "would not want to speculate." He said he also does not know of any criminal case that could be filed against Arroyo for issuing EO 883 because supposedly "illegal" EOs are usually just revoked. On Wednesday, Malacañang issued EO No. 2 which revoked "midnight appointments" made by the Arroyo administration around the election period. Malacañang cited the following as its basis for EO 2:

  • Section 261 of the Omnibus Election Code (OEC): prohibits the appointment of new employees, promotions, or creation of new positions 45 days before a regular election; jurisprudence;
  • Section 15, Article VII of the 1987 Constitution: 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." De Mesa, who pegged the number of suspected midnight appointees at 977, said Wednesday these appointments could allegedly deprive Aquino the prerogative of making these appointments. He said 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." — VVP/RSJ, GMANews.TV