Supreme Court won't stop sacking of midnight appointees

MANILA, Philippines - The Supreme Court (SC) did not stop Malacañang from implementing Executive Order 2 revoking the midnight appointments of former President Gloria Macapagal-Arroyo as sought by separate petitions of two government officials.

Instead, the SC, after a full-court session, ordered Executive Secretary Paquito Ochoa Jr. to comment on the petitions of Director Eddie Tamondong of the Subic Bay Metropolitan Authority and Assistant Secretary Jose Arturo de Castro of the Department of Justice.

Speaking to reporters, court administrator Midas Marquez, SC spokesman, said Ochoa was given a non-extendible period of 10 days from receipt of notice to submit his comments.

“The justices saw no need to issue a TRO (temporary restraining order) immediately,” he said. “They opted to await the comment of respondents before deciding whether a TRO needs to be issued or not.”

Justice Secretary Leila de Lima said she has instructed the Office of the Solicitor General to thoroughly study and answer the petitions.

“The issue on midnight appointments is settled – the intent of such a ban is for the outgoing appointing power not to abuse its office by the last-minute placement of personnel in major departments and agencies, and to leave to the incoming appointing power the discretion to appoint key officials who believe in the new administration’s vision and mission of good governance,” she said.

In separate petitions filed last Monday, Tamondong and De Castro questioned the legality of EO 2, claiming it violated security of tenure for government officials as mandated in the Constitution, and showed abuse of executive power.

The two officials said they were appointed on March 1 so their designations were not covered by the ban that started March 11.

Tamondong and De Castro took their oaths of office last March 10 and March 25, respectively.

Signed by President Aquino last July 30, EO 2 revoked the appointments made by the previous administration allegedly after March 10, two months before the national election.

Mr. Aquino also issued Executive Order 3 that revoked EO 883 issued last May 28 by Arroyo that granted career service officer rank to government lawyers.

Palace: EO 2 constitutional

Malacañang is confident that EO 2 could withstand constitutional challenges filed before the Supreme Court.

Presidential spokesman Edwin Lacierda said they are looking into the backgrounds of the petitioners and their links with the Arroyo administration.

“We believe that the law is sound, the EO is sound,” he said.

“We spoke to (Justice) Secretary (Leila) de Lima on the status of (Assistant Secretary Jose Arturo) de Castro. She was not informed.

“From what we know, Assistant Secretary De Castro is a holdover from the previous administration. We are looking into his background and his status right now.”

It would be up to the Office of the Solicitor General to answer the petitions, Chief Presidential Legal Counsel Eduardo de Mesa said. - With Aurea Calica