04/02/2020
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also against an unduly expansive interpretation of the word “appointments”
based on jurisprudential definitions that were decided under completely
different sets of facts and law.
Again, this latter broad-sense definition of appointment – in its largely administrative
law concept – cannot be controlling in our interpretation of Section 15, Article VII.
For emphasis, Section 15, Article VII is unique in the factual situation it
contemplates and in restricting the President’s otherwise broad appointing
power.
Under E.O. No. 2, any of the following is considered a “midnight appointment” even
if the date of appointment is prior to the effectivity of the constitutional ban (March
11, 2010), where:
1. the appointee accepted, or took his oath, or assumed office at the
time when the constitutional ban is already in effect;
2. the appointment will take effect or where the office involved will be
vacant during the effectivity of the constitutional ban;
3. the appointment or promotion was made in violation of Section 261
of the Omnibus Election Code.
In In Re Appointments dated March 30, 1998 of Hon. Mateo A. Valenzuela and Hon.
Placido B. Vallarta as Judges of the Regional Trial Court of Branch 62, Bago City and
of Branch 24, Cabanatuan City, respectively (In re Valenzuela),[128] we ruled that
Section 15, Article VII is directed against two types of appointments, viz.: (i) those
made for buying votes and (ii) those made for partisan considerations.[129]
The first type obviously applies only before the elections; while the second type may
apply whether the appointment was made before or after elections.[130] This
observation is critical since under Section 4, Article VII of the 1987 Constitution,[131]
the President is ineligible for any reelection.
Notably in Aytona, the Court cautioned the outgoing President not to exercise his
prerogatives in a manner that would tie the hands of the incoming President through
the appointment of individuals to key positions in the government. This
pronouncement should not be lost to us in the present case because an outgoing
President is ineligible for reelection under the 1987 Constitution. Under this
situation, the objective of any prohibition against appointment, as in Aytona, is
aimed at preventing the incumbent from adversely affecting his successor through
partisan action. During an incumbent’s last days in office, his sole mandate should
be to ensure the orderly transfer of government administration to the next
President.
Thus, aside from the limitations on the president’s appointing power under Section
15,[132] we need to add the constitutional disfavor that appointments made by the
outgoing President carry when the elections are drawing near (and more so after the
electorate has spoken), as this can be presumed to be for partisan considerations, or
in furtherance or maintenance of political interest or influence, or as reward for
partisan loyalties, or even for the purpose of shackling the hands of the new
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60717
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