SC voids appointments of five Arroyo ‘midnight’ appointees

The Supreme Court on Tuesday voided the appointments of five "midnight" appointees under the Arroyo administration.

According to SC Public Information Office chief and spokesman Theodore Te, the tribunal, sitting en banc and voting 8-6, ruled that the appointments were covered by the election-related appointment ban in 2010.

Te said the five "cannot prove with certainty that their appointment papers have indeed been issued before the period covered by the appointment ban."

The five affected Arroyo appointees were Solicitor Cheloy Velicaria-Garafil, Quezon City Prosecutor Dindo Venturanza, Cooperative Development Authority administrator Irma Villanueva, National Commission on Indigenous Peoples commissioner Francisca Rosquita, and Subic Bay Metropolitan Authority board member Edie Tamondong.

The SC noted that the petitioners themselves had admitted that they took their oaths of office during the period covered by the appointment ban.

"In light of these facts, there is no need for this Court to rule on the constitutionality of Executive Order 2," the high court said.

On August 4, 2011, President Benigno Aquino III issued EO 2 that resulted in the recall, withdrawal, and revocation of several appointments. Subsequently, several cases were filed questioning the constitutionality of EO 2.

Section 15, Article VII of the 1987 Philippine Constitution states 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 appointment to executive positions when continued vacancies therein will prejudice public service or endanger public safety."

Section 1 of EO 2, meanwhile, said the following appointments would be considered as midnight appointments: "Those made on or after March 11, 2010, including all appointments bearing dates prior to March 11, 2010 when the appointee has accepted, or taken his path, or assumed public office on or after March 11, 2010."

Though the five individuals' appointment letters were dated before the period covered by the appointment ban, they accepted, took their oaths and assumed their posts within the ban period.

Velicaria-Garafil took her oath on March 22, 2010 and assumed the post on April 6. Venturanza took his oath and assumed his post on March 15, 2010. Villanueva took her oath on April 13, 2010, Rosquita took her oath on March 18, 2010, and Tamondong took his oath on March 25, 2010.

All these dates were within the appointment ban between March 11 and until the end of Arroyo's term in July 2010.

Arroyo, who is now a congresswoman representing Pampanga's second district, issued more than 800 appointments to various positions in several government offices prior to the conduct of the May 2010 elections. —KBK, GMA News