SC declares constitutional E.O. No. 2 voiding midnight appointments of ex-President Arroyo

June 17, 2015 5:10 am 

MANILA, June 16 — The Supreme Court (SC) on Tuesday declared as constitutional Executive Order No. 2 that nullified the effectivity of the alleged midnight appointments made by former President and now Pampanga (2nd District) Rep. Gloria Macapagal-Arroyo.

Voting 8-6, the SC en banc dismissed the petition filed by some appointees of Mrs. Arroyo, including Subic Bay Metropolitan Authority (SBMA) Board of Directors Member Eddie Tamondong; Commissioner Francisca Rosquita of the National Commission of Indigenous Peoples (NCIP); State Solicitor Cheloy Velicaria-Garafil and Cooperative Development Authority (CDA) Administrator for Visayas Irma Villanueva.

Likewise, the SC also nullified the appointments of the said petitioners.

The SC ruled that E.O. No. 2 in its entirety is constitutional, especially as to its definition of midnight appointments and its recall, revocation and withdrawal of midnight appointments.

The SC said that the petitioners failed to show their compliance with all four elements of a valid appointments, and they cannot prove with certainty that their appointment papers have indeed been issued before the period covered by the appointment ban.

It added that the petitioners admitted that they took their oaths of office during the period covered by the appointment ban which started on March 11, 2010 or two months prior to the presidential elections on May 10, 2010. (PNA)

CTB/PTR/EDS

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