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 © 2014,

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

  • Anti-gay demo in Ethiopia cancelled
  • Obama launches measures to support solar energy in US
  • Nebraska toddler gets stuck inside claw machine
  • Philippine eagle rescued by Army turned over to DENR
  • Gunmen attack Iraq military base, kill 10 soldiers
  • Sports

  • Vietnam says it will not host Asian Games
  • Nadal passes clay landmark with 300th victory
  • Wawrinka waltzes through with Monte Carlo walkover
  • Power Pinays smash India in Asian Women’s Club volleyball opener
  • PH youth boxers off to stumbling start in AIBA World tilt
  • Lifestyle

  • Ford Mustang turns 50 atop Empire State Building
  • Pro visual artists, lensmen to judge Pagcor’s photo contest
  • ‘Labahita a la bacalao’
  • This is not just a farm
  • Clams and garlic, softshell crab risotto–not your usual seafood fare for Holy Week
  • Entertainment

  • Cannes film festival launches race for 2014 Palme d’Or
  • Jones, Godard, Cronenberg in competition at Cannes
  • Will Arnett files for divorce from Amy Poehler
  • American rapper cuts own penis, jumps off building
  • Jay Z to bring Made in America music fest to LA
  • Business

  • Total says makes ‘very promising’ oil find off Ivory Coast
  • ‘Chinese Twitter’ firm Weibo to go public in US
  • World stocks subdued, Nikkei flat on profit taking
  • Asia stocks fail to match Wall Street gains
  • Fired Yahoo exec gets $58M for 15 months of work
  • Technology

  • Netizens seethe over Aquino’s ‘sacrifice’ message
  • Filipinos #PrayForSouthKorea
  • Taylor Swift tries video blogging, crashes into fan’s bridal shower
  • DOF: Tagaytay, QC best at handling funds
  • Smart phone apps and sites perfect for the Holy Week
  • Opinion

  • Editorial cartoon, April 17, 2014
  • A humbler Church
  • Deepest darkness
  • ‘Agnihotra’ for Earth’s health
  • It’s the Holy Week, time to think of others
  • Global Nation

  • Malaysia quarantines 64 villagers over MERS virus
  • DFA: 2 Filipinos survive Korean ferry disaster
  • PH asks airline passengers to check for MERS
  • Syria most dangerous country for journalists, PH 3rd—watchdog
  • Japan says visa-free entry still a plan
  • PHOTOS AND VIDEOS

    • 9 confirmed dead after ferry sinks off South Korean coast

      Read More

    • DOH issues official statement on confirmed case of MERS-CoV

      Read More

    • [VIDEO] Bomb hoax in Boston

      Read More

    • [VIDEO] Royal couple’s final day

      Read More

    • 292 missing, 3 dead in South Korea ferry disaster

      Read More

    • Police killed, wife hurt in Mandaluyong ambush

      Read More

    • Police say 5 dead in Calgary stabbings

      Read More

    • Pakistan brothers in cannibalism case face court

      Read More

    • DOTC apologizes for Naia’s air con problem

      Read More

    • Australian state leader quits over $2,800 wine

      Read More

    • Supremacist faces murder charges in Kansas deaths

      Read More

    • Solemn tributes mark Boston Marathon bombing anniversary

      Read More

    • Preparedness, CCT program help young mom survive ‘Yolanda’

      Read More

    • Two-year-old among five dead in Camarines Sur road mishap

      Read More

    • Moro basic law priority

      Read More