Quantcast
Latest Stories

Court affirms ruling vs Arroyo ‘midnight’ appointments

By

Former President Gloria Macapagal-Arroyo. AP FILE PHOTO

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

In a 23-page decision dated Aug. 28, the Court of Appeals Former 8th Division dismissed the petitions for interventions filed by Irma Villanueva and Francisca 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, Justices Romeo Barza and Edwin Sorongon, concurred.

On March 3, 2010, Arroyo appointed Villanueva administration 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 (NCIP) 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 (CSC) 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 Aug. 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 their 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.


Follow Us

Follow us on Facebook Follow on Twitter Follow on Twitter


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.

Tags: Court of Appeals , Francisca Rosquita , Gloria Macapagal-Arroyo , Irma Villanueva , Justice Noel Tijam , National Commission on Indigenous Peoples , President Arroyo




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
Advertisement
  1. US teacher fired over comment on black president
  2. Enrile chief aide back in PH ‘to face charges’
  3. Filipinos, Dane re-enact crucifixion of Christ
  4. Magnitude-7.5 earthquake shakes Mexican capital
  5. Henares on Pacquiao bashing: I did not start this
  6. ‘No real progress in PH if dynasties not dismantled’
  7. Massive infra spending set
  8. More legal woes for Cedric Lee
  9. Easter crucifixions draw huge crowds
  10. Korea ferry captain arrested, divers spot bodies
  1. Kim Henares needs a reprimand, says Cayetano
  2. Suspect in Vhong Navarro mauling tries to leave PH
  3. More legal woes for Cedric Lee
  4. ‘No real progress in PH if dynasties not dismantled’
  5. ‘Mom, I love you,’ says text from student on sinking ferry
  6. Fr. Suarez says last Mass on Easter before returning donated land to San Miguel
  7. Enrile chief aide back in PH ‘to face charges’
  8. Massive infra spending set
  9. Henares on Pacquiao bashing: I did not start this
  10. I’ll follow my conscience on Estrada, says JV Ejercito
  1. KL confirms Malaysian Airlines Flight MH370 ended in Indian Ocean
  2. MRT passengers pass the hat for 6-year-old Ashley
  3. Rookie, lady cops lauded for quick response to MOA heist
  4. Malaysia averts another air tragedy; pilot lands troubled plane safely
  5. Revilla says he was joking; Lacson stands by his story
  6. Revilla ‘consulted’ Lacson on how he evaded arrest
  7. Police rule out foul play in Helena Belmonte’s death as boyfriend is ‘traumatized’
  8. Cudia, dismissed for lying, got 99% in conduct
  9. Model Helena Belmonte wished ‘to slash her wrist and hope to die’
  10. Hammer-wielding robbers cause chaos at Philippines’ Mall of Asia
Advertisement

News

  • Cardinal Tagle: Start new life with true peace
  • ‘Dry spell’ delayed, thanks to busted valve
  • At 77, Erap has Easter treat for Manila cops but keeps City Hall folk in agony
  • Joy Belmonte defends council, waste-to-energy tech
  • House bill seeks special body to manage, protect Manila Bay
  • Sports

  • Pacquiao top Mayweather contender
  • Rain or Shine, Ginebra clash for No. 6 spot
  • Ateneo eyes quarterfinal spot vs Benilde
  • Style contrast marks OneFC ‘Rise of Heroes’
  • ‘Pacquiao a great ambassador for basketball’
  • Lifestyle

  • Levine designs womenswear with help from fiancee
  • Gabriel Garcia Marquez, Nobel laureate, dies at 87
  • Ford Mustang turns 50 atop Empire State Building
  • Pro visual artists, lensmen to judge Pagcor’s photo contest
  • ‘Labahita a la bacalao’
  • Entertainment

  • Why ‘Noah’ can’t dock his ark at Philippine theaters
  • Acclaimed artist goes wild while on holiday
  • Believing in this mermaid
  • Missing Xian
  • Awarded TV couple brings Jesus’ life to the big screen
  • Business

  • Top-selling insurance agent opens her dream café
  • Connecting and transacting with one another
  • Building wealth for health
  • Why Mandaue Foam buys, rather than rents, space
  • A workplace of new possibilities
  • Technology

  • Nasa’s moon-orbiting robot crashes down
  • Netizens pay respects to Gabriel Garcia Marquez
  • Nokia recalls 30,000 chargers for Lumia 2520 tablet
  • Facebook rolls out ‘nearby friends’ feature
  • Netizens seethe over Aquino’s ‘sacrifice’ message
  • Opinion

  • Epiphany
  • Unpaid creditor vs distressed debtor
  • Moving on
  • From culinary desert to paradise
  • Response to China: ‘Usjaphil’
  • Global Nation

  • Cesar Chavez movie sparks memories of Fil-Am labor leaders
  • Filipinos in US poised for success
  • Visas for priests and other faith leaders
  • DOH to continue tracking co-passengers of OFW infected with MERS virus
  • 5 Filipinos with MERS in UAE reported in stable condition
  • Marketplace
    Advertisement