MANILA, Philippines — Malacañang on Tuesday refuted claims about the alleged midnight appointment of Civil Service Commission (CSC) chairman Karlo Nograles, maintaining that his latest designation was made within the period allowable by law.
“Hindi totoo ‘yan. Ang appointment ni Nograles ay nakapaloob pa rin ng oras at panahon na pinapayagan ng batas,” acting presidential spokesman Martin Andanar said amid criticisms that the assignement of Nograles was a midnight appointee.
(That’s not true. The appointment of Nograles is still within the period allowed by law.)
A midnight appointment refers to an appointment to a political office that was made in the eleventh hour of the term of office of the person vested with the power to issue such an appointment – in this case, President Rodrigo Duterte. whose administration is set to end in a few months.
Under Section 15, Article VII of the 1987 Constitution, the President is not allowed to make appointments two months immediately before the next presidential elections and up to the end of his term.
However, the President can make temporary appointments to executive positions when “continued vacancies therein will prejudice public service or endanger public safety,” according to the Constitution.
Nograles took his oath as the new CSC chair before Duterte on Monday in the Malacañan Palace.
READ: Duterte appoints Nograles as CSC chairman; vacates IATF and Cabinet secretary posts
Prior to his appointment as CSC head, Nograles served as Cabinet Secretary, acting presidential spokesman, and co-chair of the government pandemic task force.
Andanar replaced Nograles as acting Palace spokesperson. Andanar said there are no new appointments yet for Cabinet Secretary and IATF co-chair.
Labor Leader and presidential candidate Leody de Guzman, meanwhile, slammed Duterte for supposedly pursuing “midnight appointments” during the ban on bureaucratic movements during the election period.
“Wala tayong makitang dahilan liban sa pagpwesto ng kanyang mga alipores sa nabanggit na Constitutional bodies bilang regalo sa matapat na serbisyo nila sa nakaupong Pangulo,” De Guzman said in a statement.
(We see no reason other than to place his henchmen in the said Constitutional bodies as a gift for their loyal service to the sitting President.)
He then called on the public to call out Duterte’s lack of “delicadeza” – or the value that Filipinos place on maintaining dignity, accusing the president of ignoring calls for an open and more inclusive selection of appointees.
He also called on the appointees to voluntarily resign from their positions.
“Katulad din sa pagtatalaga sa Comelec, binalewala ni Duterte ang panawagan para sa mas bukas at inclusive na pagpili sa mga itatalaga sa bakanteng pwesto sa mga mahahalagang ahensya na ito. Dagdag dito, sila ay mananatili sa pwesto lagpas pa sa panunungkulan ni Duterte,” the labor leader pointed out.
(Similar to the Comelec appointments, Duterte ignored the call for a more open and inclusive selection of those to be appointed to vacant positions in these important agencies. In addition, they will remain in office beyond Duterte’s tenure.)
“Sama-sama nating hingin ang kanilang delicadeza sa boluntaryong pagbibitiw kasabay ng paglisan ng boarder ng Malacañang,” he added.
(Let us together demand for their delicadeza, for their voluntary resignation along with the departure of the boarder in Malacañang.)