Quantcast

CA junks Arroyo ‘midnight appointments’

By

The Court of Appeals. FILE PHOTO

MANILA, Philippines—The Court of Appeals has affirmed the constitutionality of President Benigno Aquino’s revocation of the so-called “midnight appointments” of his predecessor, Gloria Macapagal-Arroyo.

In a 23-page decision dated August 28, the Court of Appeals Former 8th Division dismissed the petitions for interventions filed by Irma Villanueva and Francisco Rosquita who asked for the nullification of Aquino’s Executive Order No. 2 that revoked appointments made by Arroyo during the 2010 election period.

“[T]he controversial EO 2 was a valid exercise of the executive powers of the President in ensuring that the rule on midnight appointments is properly implemented,” the appeals tribunal ruled in the decision written by Justice Noel Tijam.

The other division members, Justice Romeo Barza and Edwin Sorongon, concurred.

On March 3, 2010, Arroyo appointed Villanueva as administrator for the Visayas of the Board of Administrators of the Cooperative Development Authority under the Department of Finance. She took her oath of office on April 13, 2010.

Rosquita on the other hand, was appointed member of the National Commission on Indigenous Peoples on March 5, 2010. She took her oath on March 18, 2010.

Aquino issued EO 2 shortly after he assumed the presidency on June 30, 2010. Executive Secretary Paquito Ochoa later issued a memorandum revoking the appointments of Rosquita, Villanueva and others.

The NCIP executive director wrote a letter to the Civil Service Commission’s personnel policies and standards office on July 12, 2010, inquiring whether the employees of the government appointed before March 10, 2010 were considered midnight appointees.

The Commission replied in a letter dated August 31, 2010, stating that under CSC’s appointment rules, government employees appointed before March 10, 2010 were not considered midnight appointees, even if they took they oaths of office or assumed office after March 10, 2010.

Villanueva and Rosquita used the CSC declaration in contending that EO 2 revised the CSC’s appointment rules, and trampled on the CSC’s prerogative as an independent constitutional body.

However, the Court of Appeals stated that the rules formulated by the CSC “must not override, but must be in harmony with, the law it seeks to apply and implement.”

“We are of the considered view that petitioners-intervenors are midnight appointees within the contemplation of Section 15, Article VII of the 1987 Constitution,” the appeals justices said.

Section 15 prohibits an outgoing president from making appointments two months immediately before the next presidential elections and up to the end of his term.

The Aquino administration took the position that the appointments were invalid unless the appointee also took her or his oath of office or assumed office before the cutoff.

Recent Stories:

Complete stories on our Digital Edition newsstand for tablets, netbooks and mobile phones; 14-issue free trial. About to step out? Get breaking alerts on your mobile.phone. Text ON INQ BREAKING to 4467, for Globe, Smart and Sun subscribers in the Philippines.

Disclaimer: The comments uploaded on this site do not necessarily represent or reflect the views of management and owner of INQUIRER.net. We reserve the right to exclude comments that we deem to be inconsistent with our editorial standards.

Copyright © 2015,

To subscribe to the Philippine Daily Inquirer newspaper in the Philippines, call +63 2 896-6000 for Metro Manila and Metro Cebu or email your subscription request here.

Factual errors? Contact the Philippine Daily Inquirer's day desk. Believe this article violates journalistic ethics? Contact the Inquirer's Reader's Advocate. Or write The Readers' Advocate: c/o Philippine Daily Inquirer Chino Roces Avenue corner Yague and Mascardo Streets, Makati City, Metro Manila, Philippines Or fax nos. +63 2 8974793 to 94



News

  • Skyjet resumes operations after winning TRO
  • Robberies, thefts down in QC due to local anti-narcotics teams
  • Palace apologizes to commuters over LRT collision
  • Volunteer groups pop up to push Duterte for president
  • Resentful Japanese man flushes wife’s remains down toilet
  • Sports

  • Army to ‘give all’ in Game 3 of V-League Finals
  • PLDT breaks Army, forces rubber match
  • Cormier submits Johnson in 3rd, wins vacant title at UFC 187
  • Chris Weidman defends UFC title, stops Belfort in 1st round
  • NBA: Curry and Warriors push Rockets to brink
  • Lifestyle

  • British designer growing trees into furniture
  • Restoring Malate Church without losing its spirit
  • From Ayungin to Venice, the ship that serves as a beacon of PH
  • The Grace Poe I know
  • Why Boyzone is worth watching–20 years later
  • Entertainment

  • Hollywood earthquake 101: Separating fact from fiction
  • Marion Cotillard is queen of red carpet at Cannes’ ‘Macbeth’
  • B.B. King memorial more cheers than tears in Las Vegas
  • Palme d’Or up for grabs ahead of Cannes Film Festival finale
  • ‘Taklub’ wins Ecumenical Jury Prize-Special Mention in Cannes
  • Business

  • Chinese dominance worries Nigeria’s textile traders
  • An enabler aims to inspire
  • Building a strong nation, one business at a time
  • Filipino turns ordinary car into autonomous vehicle
  • Landco basks in glow of upbeat leisure market
  • Technology

  • DU30 2016? Play on letters, numbers sign of polls to come
  • Seeking employment? Advertise your skills on social media
  • Tesda: Social media provides graduates of tech-voc courses job opportunities   
  • Massive cyber-espionage linked to China
  • Experience 2Morrow: ASUS Announces the Availability of ZenFone 2 in PH
  • Opinion

  • Editorial Cartoon, May 24, 2015
  • Feeling good
  • Empowered by the Spirit
  • Two BBL strategies
  • Hillary Clinton’s e-mails
  • Global Nation

  • No need for overtime fees in Immigration Act, say foreign groups
  • Filipina in UAE death row for killing employer who tried to rape her
  • UN chief says save migrants, deal with cause of flight
  • What happens in Boracay …
  • ‘Diplomacy remains the only option to resolve sea row’
  • PHOTOS AND VIDEOS

    • Bush faults Obama about Iraq, stops short on more troops

      Read More

    • Oil spill spreads across Pacific, fouls beaches

      Read More

    • Militant solon blasts ‘brutal’ dispersal of Tanduay workers on strike

      Read More

    • Over 370 migrants taken to Indonesia after months at sea

      Read More

    • Mother Teresa to be canonized in 2016–report

      Read More

    • For many low-income workers, calling in sick is a luxury

      Read More

    • Cuba’s Elian Gonzalez, former castaway, wants to visit US

      Read More

    • 9 dead in shooting all members of rival gangs—Texas police

      Read More

    • Saudi-led coalition airstrikes resume in Yemen—officials

      Read More

    • Pope calls Palestinian leader ‘angel of peace’ during visit

      Read More

    • Safety technology might have prevented deadly Amtrak crash

      Read More

    • 10 Chinese arrested for killing giant panda, selling parts

      Read More

    • Malaysia turns away boat with more than 500 migrants

      Read More

    • The Latest on Amtrak crash: Mayor upset about train speed

      Read More

    • Remains of trapped workers retrieved from razed Valenzuela factory

      Read More