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Massacre of midnight appointees continues

By Norman Bordadora
Philippine Daily Inquirer
First Posted 01:29:00 08/14/2010

Filed Under: Judiciary (system of justice), Government

MANILA, Philippines?The dismissal of midnight appointees under President Benigno Aquino III?s Executive Order No. 2 will continue despite a Supreme Court appeal that Malacañang delay its implementation until the high court decides the issue.

Only a temporary restraining order from the high court can stop the EO, Presidential Spokesperson Edwin Lacierda said yesterday.

?[Court Administrator Midas Marquez] told us to exercise prudence but at the same time, he also confirmed our position that there being no TRO, we can implement and review,? Lacierda said at a press briefing.

Marquez, who is the Supreme Court spokesperson, released a statement earlier asking Malacañang to exercise prudence and observe judicial courtesy, in effect requesting the Palace to maintain the status quo while the high court is weighing the petitions against the edict.

EO 2 revoked the ?midnight? appointments made by former President Gloria Macapagal-Arroyo, which the administration says was in violation of constitutional and election laws.

Lacierda insisted that the executive branch is within its right to review all midnight appointments, or those appointments made on or after March 11, 2010, when the constitutional ban against an outgoing President making appointments two months before the next presidential elections until the end of his or her term took effect.

?Our position in this case is, we will obey whatever legal order that the Supreme Court will issue,? he said.

Lacierda indicated that implementation of EO 2 at this point involved only a review of whether the officials who are being dismissed fall under the definition of a midnight appointee in the executive order.

?It takes a process. We?re looking at the oaths, the appointment date?some of them, we understand, have been antedated. We are verifying the reports of antedated oaths of office,? he said.

?It?s a pretty long process,? he said.



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