04/02/2020
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Venturanza)
209138
(Villanueva) 3 March 2010
209138
(Rosquita) 5 March 2010
212030
(Atty.
1 March 2010
Tamondong)
13
April
2010
18
13 May
March
2010
2010
25
March
2010
and 6
July
2010
4 May
2010
Issuance of EO 2
On 30 June 2010, President Benigno S. Aquino III (President Aquino) took his oath
of office as President of the Republic of the Philippines. On 30 July 2010, President
Aquino issued EO 2 recalling, withdrawing, and revoking appointments issued by
President Macapagal-Arroyo which violated the constitutional ban on midnight
appointments.
The entirety of EO 2 reads:
EXECUTIVE ORDER NO. 2
RECALLING, WITHDRAWING, AND REVOKING APPOINTMENTS ISSUED BY
THE PREVIOUS ADMINISTRATION IN VIOLATION OF THE
CONSTITUTIONAL BAN ON MIDNIGHT APPOINTMENTS, AND FOR OTHER
PURPOSES.
WHEREAS, Sec. 15, Article VII of the 1987 Constitution provides that
“Two months immediately before the next presidential elections and up to
the end of his term, a President or Acting President shall not make
appointments, except temporary appointments to executive positions
when continued vacancies therein will prejudice public service or
endanger public safety.”;
WHEREAS, in the case of “In re: Appointments dated March 30, 1998 of
Hon. Mateo Valenzuela and Hon. Vallarta as Judges of the Regional Trial
Court of Branch 62 of Bago City and Branch 24 of Cabanatuan City,
respectively” (A.M. No. 98-5-01-SC Nov. 9, 1998), the Supreme Court
interpreted this provision to mean that the President is neither required to
make appointments nor allowed to do so during the two months
immediately before the next presidential elections and up to the end of
her term. The only known exceptions to this prohibition are (1) temporary
appointments in the executive positions when continued vacancies will
prejudice public service or endanger public safety and in the light of the
recent Supreme Court decision in the case of De Castro, et al. vs. JBC
and PGMA, G.R. No. 191002, 17 March 2010, (2) appointments to the
Judiciary;
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60717
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