04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly WHEREAS, Section 261 of the Omnibus Election Code provides that: “Section 261. Prohibited Acts.– The following shall be guilty of an election offense: (g) Appointments of new employees, creation of new position, promotion, or giving salary increases. – During the period of forty-five days before a regular election and thirty days before a special election. (1) Any head, official or appointing officer of a government office, agency or instrumentality, whether national or local, including governmentowned or controlled corporations, who appoints or hires any new employee, whether provisional, temporary or casual, or creates and fills any new position, except upon prior authority to the Commission. The Commission shall not grant the authority sought unless it is satisfied that the position to be filled is essential to the proper functioning of the office or agency concerned, and that the position shall not be filled in a manner that may influence the election. As an exception to the foregoing provisions, a new employee may be appointed in the case of urgent need: Provided, however, that notice of the appointment shall be given to the Commission within three days from the date of the appointment. Any appointment or hiring in violation of this provision shall be null and void. (2) Any government official who promotes or gives any increase of salary or remuneration or privilege to any government official or employee, including those in government-owned or controlled corporations.”; WHEREAS, it appears on record that a number of appointments were made on or about 10 March 2010 in complete disregard of the intent and spirit of the constitutional ban on midnight appointment and which deprives the new administration of the power to make its own appointment; WHEREAS, based on established jurisprudence, an appointment is deemed complete only upon acceptance of the appointee; WHEREAS, in order to strengthen the civil service system, it is necessary to uphold the principle that appointments to the civil service must be made on the basis of merit and fitness, it is imperative to recall, withdraw, and revoke all appointments made in violation of the letter and spirit of the law; NOW, THEREFORE, I, BENIGNO S. AQUINO III, by virtue of the powers vested in me by the Constitution as President of the Philippines, do hereby order and direct that: SECTION 1. Midnight Appointments Defined. – The following appointments made by the former President and other appointing elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60717 5/75