Appeals court junks Planas’ motion questioning Aquino’s EO 2

MANILA, Philippines—The Court of Appeals dismissed the motion filed by former Nayong Pilipino Foundation executive director Charito Planas to stop President Benigno Aquino III from implementing Executive Order No. 2, which revoked her supposed midnight appointment in 2010.

In a 6-page resolution, the appeals court 12th division said Planas’ motion is already moot and academic since her term in Nayong Pilipino ended on March 9, 2012.

Still, the appeals court said it would rule on the merits of Planas’ petition as she was ordered to reply on the comment filed by the Office of the Solicitor-General.

“Accordingly, the Court resolves to direct the petitioner and her counsel to file the required reply within a fresh period of 10 days from notice hereof and likewise to comply, within the same period, with the show cause order of the Supreme Court per its Resolution dated November 22, 2011,” the appeals court said.

Early this year, the Supreme Court remanded to the Court of Appeals all petitions questioning EO 2.

Aside from Planas, other similar petitions have been filed by former director Eddie Tamondong of Subic Bay Metropolitan Board Authority (SBMA), retired National Commission on Muslim Filipinos (NCMF) Sec. Bai Omera Dianalan-Lucman, former Philippine National Railways Gen. Manager Manuel Andal, Quezon City Prosecutor Dindo Venturanza and former state solicitor Cheloy Garafil.

Planas was also appointed as presidential deputy spokesperson in January, 2010, during the Arroyo administration. She was also a former vice mayor of Quezon City.