Sans TRO, all GMA appointees must go

MANILA, Philippines – Malacañang declared yesterday that all midnight appointees of former President Gloria Macapagal-Arroyo must immediately vacate their offices pending the resolution of petitions filed against the implementation of Executive Order 2 revoking the appointments made during the prohibited period.

Presidential spokesman Edwin Lacierda and Solicitor General Jose Anselmo Cadiz said since the Supreme Court did not issue the temporary restraining order (TRO) that was sought by the government officials who questioned EO 2, then the midnight appointees should automatically vacate their offices.

“They asked for a TRO and the Supreme Court did not grant them that remedy. Therefore, having no legal process to restrain us from performing our functions, all the Cabinet departments are still given the right to replace midnight appointees,” Lacierda said.

He said these midnight appointees are not part of the Aquino administration’s plans and vision for the country and might only hinder the new government’s actions.

“I think we’re being bogged down right now by the legality of it all. Let’s not forget the reason why there are midnight appointments in the first place. We cannot have all these midnight appointees who do not share the platform and the advocacy of the President. How can we move forward our reform agenda if all these officials who were appointed in haste by the former president continue to work in the government?” Lacierda said in a press briefing.

“There is a discrepancy, there’s a dissonance with our views, our platform, our advocacies vis-a-vis those who continue to stay in office and those appointed hastily by President Arroyo,” Lacierda added.

Cadiz explained that the heads of departments or offices need not even fire these midnight appointees through letters or memoranda because EO 2 should be self-executory.

Cadiz said the appointments were void from the beginning as stated in the EO and must be respected by the concerned political appointees.

Cadiz said the new administration was ready to answer the petitions before the SC and expressed hope the SC would see EO 2 the way President Aquino did.

Lacierda said the public should be reminded that the midnight appointees were being replaced because they were unlawful and made to accommodate political allies at the expense of the government.

“It was also a campaign promise and he (President Aquino) mentioned that in his SONA (State of the Nation Address). So it is quite clear that to push for our reform agenda and to promote good governance, we need to take those necessary steps,” Lacierda said.

Instead of issuing a TRO, the SC ordered Executive Secretary Paquito Ochoa Jr. to comment on the petitions of director Eddie Tamondong of the Subic Bay Metropolitan Authority and Assistant Secretary Jose Arturo de Castro of the Department of Justice questioning the constitutionality of the order.

Justice Secretary Leila de Lima said she has instructed the Office of the Solicitor General to thoroughly study and answer the petitions.

“The issue on midnight appointments is settled – the intent of such a ban is for the outgoing appointing power not to abuse its office by the last-minute placement of personnel in major departments and agencies, and to leave to the incoming appointing power the discretion to appoint key officials who believe in the new administration’s vision and mission of good governance,” she said.

In separate petitions filed last Monday, Tamondong and De Castro questioned the legality of EO 2, claiming it violated the security of tenure for government officials as mandated in the Constitution, and showed abuse of executive power.

The two officials said they were appointed on March 1 so their designations were not covered by the ban that started March 11.

Tamondong took his oath of office last March 10 while De Castro took his oath on March 25.

Aquino signed EO 2 last July 30 and revoked the appointments made by the previous administration allegedly after March 10, two months before the national election.

Mr. Aquino also issued Executive Order 3 that revoked EO 883 that Arroyo issued last May 28 which granted career service officer rank to government lawyers. –Aurea Calica (The Philippine Star)