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Aquino withdraws GMA midnight appointments

Palace lists 997 midnight appointees

by Regina Bengco
Malaya

President Aquino has ordered the recall, withdrawal and revocation of midnight appointments made by former President Gloria Arroyo for violating the appointments ban in the Constitution and the Omnibus Election Code.

Aquino issued Executive Order No. 2 on the midnight appointments last July 30 but it was released only yesterday.

Click here (Official Gazette) for the text of E.O No. 2.

The order defined “midnight appointments” as those made on or after March 11, 2010, including those dated prior to March 11 where the appointee has accepted, taken his oath or assumed public office on or after March 11, except those appointed under exigencies of the service; those made prior to March 11 but which took effect after it; appointments to positions that would be vacant only after March 11, 2010; and appointments and promotions made 45 days before the May 10, 2010 elections in violation of the Omnibus Election Code.

Chief presidential legal counsel Edgardo de Mesa said there are 977 suspected midnight appointments so far, excluding those in the judiciary.

He said an inventory of appointments is being done by the Presidential Management Staff headed by director general Julia Abad.

Asked whether the midnight appointees should just resign, De Mesa said: “We will appreciate it very much if they do that. As the President said, there will be one less headache for each one who voluntarily resigns…If they persist, the list may be released.”

Presidential spokesman Edwin Lacierda said there is no more issue on the validity of Arroyo’s appointment of Chief Justice Renato Corona, which was originally branded as a midnight appointment.

Corona’s appointment took effect last May 17, a day after the mandatory retirement of Chief Justice Reynato Puno.

“During the Red Mass, the President acknowledged him (Corona) and in his State of the Nation Address, he gave opening salutations to him. There is no more issue on the Chief Justice-ship of Chief Justice Corona,” Lacierda said.

Aquino said to ensure continuity of service, the Executive Secretary may designate an officer-in-charge to perform the duties of those whose appointments have been recalled.

De Mesa said Cabinet secretaries will be asked to submit a list of appointments under their departments that suffer from legal infirmities.

“Prior to March 10, 2010, 977 appointments were made by the previous President and the sheer number of these appointments gives basis to the opinion or belief that they were made for the purpose of depriving the next President the prerogative of making these appointments,” he said.

But he said former President Gloria Arroyo cannot be held liable for making midnight appointments because there is no specific law on it.

De Mesa said a number of the 977 suspected midnight appointees are public prosecutors, provincial agrarian reform officers, undersecretaries and assistant secretaries. However, he said many have left, were replaced, or were reappointed.

He said among the deserving appointees who were reappointed is Peter Tiangco, administrator of the National Mapping and Resource Information Authority.

De Mesa said Ombudsman Ma. Merceditas Gutierrez’s term of office is until 2012 because she is serving a full seven-year term.

De Mesa said Gutierrez cannot just be continuing the unserved term of Simeon Marcelo, who was appointed in 2002 but resigned after three years.

“The position of the Ombudsman does not belong to a commission whose members have a fixed term. The Ombudsman is an individual who is granted fixed term every time one is appointed,” he said.

He said continuation of a term of office holds true only for the collegial bodies, such as the Commission on Elections and the Securities and Exchange Commission, but not the Ombudsman.

Published inBenigno Aquino IIIGloria Arroyo and familyGovernance

24 Comments

  1. rose rose

    wala talagang magawa! marami na sa atin ang mamatay bago mapaalis si Maldita…who knows glorai will return as President…Dear Lord please save the Philippines!

  2. vic vic

    it is a very decisive move…go and stick with it Pnoy and let the rule of law reign over the land to give these lawbreakers one very good leason.

  3. Diego K. Guerrero Diego K. Guerrero

    Re: De Mesa said Ombudsman Ma. Merceditas Gutierrez’s term of office is until 2012 because she is serving a full seven-year term.

    Matagal pa ang 2012 kaya impeachment ang remedyo. Tingnan natin kung saan ang inpluensya ng Lakas-Kampi. Baka ang mga biglang LP balimbing ay bumalimbing uli.

  4. rose rose

    2012 indeed seems distant..but who knows mamatay na siya before that..who knows baka bukas hindi na siya gumising..who knows magkaroon ng accidente at matuluyan na siya…who knows by some miracle magresign na siya…who knows by some miracle and our prayers magbago na siya..milagro ang kailangan…sana magkaroon siya ng takot sa Dios! Come Holy Spirit Come!

  5. perl perl

    Astig PNoy!

    Si Gutierrez na lang talaga problema… Masasabukan natin sa Impeachment case ni Malditas kung gano pa talaga kalakas ni Gloria sa Kamara…

    At masusubukan naman natin si Corona at ang buong Supreme Court sa kaso ng Truth Commission…

  6. perl perl

    Chief presidential legal counsel Edgardo de Mesa said there are 977 suspected midnight appointments so far, excluding those in the judiciary.
    Mga dagdag paswelduhan ba to o may mga pinalitan lang? sa 10thousand na lang pasweldo kada isa… tumataginting na 10Million pesos agad…

  7. perl perl

    kung walang masamang motibo ang 977 appointment… bakit hindi in-appoint ng maaga-aga para nkapag silbi ng matagal… palalabasin na walang nilabag na batas si Gloria… palalabasin na mabuting presidente si Gloria sa mata ng 977 appointed nya.. at lalabas na masamang presidente si PNoy sa mata ng masisibak na 977 gov’t employees and officials… amputa ka talga Gloria! sakit lang talga sa ulo sa susunod na presidente ang motibo ng mga appointments na’to..

  8. florry florry

    Noynoy blinks in CJ Corona’s case?

    Finally Noynoy admitted that there really was never a case against CJ Corona. It was all a joke.

    Now it can be told that his warnings and threats against him and other justices during the campaign were empty, aimed for posturing and good sound bytes to help him gained “papogi” points. No doubt, politically it was a good show that projected a “tough” image for him.

    There’s a little extension of the charade however; he floated the idea of taking oath to a barangay captain, and oh, how his loyalists and fans loved it, but dissapointed when he finally took the oath in front of Justice Carpio-Morales.

    And now the heads of the midnight appointees of evil bitch Gloria are about to be on the chopping board. If they are covered by the election law, so be it.

    And they are to be replaced by OICs. So it’s circa 1986 OICs all over again.

    Like mother, like son, the same taste and style of governance.

  9. sychitpin sychitpin

    Flexibility is also part of the game for change and genuine reforms.
    EO #1 Truth Commission and EO # 2 were great acts of P.Noy. He is right on track ! Mabuhay P.Noy! Carry On and More Power. God, Country and People are solidly behind you and wishing you success. Showing your first paycheck was amazing and wonderful, that’s transparency in the first order. P.Noy is born and destined by fate for honest public service, and to be a great president!

  10. Now it can be told that his warnings and threats against him and other justices during the campaign were empty, aimed for posturing and good sound bytes to help him gained “papogi” points. No doubt, politically it was a good show that projected a “tough” image for him.

    I think, there is a need to extricate Noynoy, the candidate, from Noynoy, the President.

    There is absolutely nothing wrong when a candidate expresses his opinion without the baggage of having to consider all possible angles to an issue. His opinion is his, and being an ordinary citizen, he is entitled to that.

    Noynoy is now speaking as the President of all Filipinos. His freedom to express a personal opinion is no longer as absolute as it used to be, for he speaks not only to the Filipinos. More importantly, he had been given the responsibility to speak for the Filipinos.

    I would not discount the very big possibility that his personal opinion with regards to the appointment of Mr. Renato Corona as Chief Justice of the Supreme Court may have remained.

    However, as the nation’s leader who had, so far, shown a brand of leadership by way of examples, I would not take it against Noynoy, the President, to, again, abide by the Supreme Court’s ruling on 20 April 2010 granting Aling Gloria the authority to appoint the successor of then Chief Justice Reynato Puno. As president, he is duty bound to ensure that crises of any form be prevented. His refusal to acknowledge Mr. Corona as Chief Justice will not only be allowing a constitutional crisis to happen; it would spark one to happen.

    Had Noynoy stood pat in his refusal to recognize Mr. Corona as Chief Justice, what would Noynoy bashers be complaining about?

  11. sychitpin sychitpin

    the Phil now has a president who enjoys the highest trust in phil history, as against gma who was the most distrusted and hated bogus president. gma’s world is getting smaller and smaller each day, it’s time for her to pack her bag and fade into the sunset. Instead of continuing her insatiable greed and shameless ways, which will result in tragedy for her and her family.

  12. rose rose

    kahit na seguro si De Los Santos na tumakbo na presidente noong hindi ba pinanganak si gloria ay mas mataas pa..sa height ha…at lalo na sa pagka presidente had he won. hayaan na lang natin si gloria magpaligaya sa mga kasalanan niya…spend all the money they had stolen now for hindi nila madala at maalay kay Taning…let her enjoy their wealth…kahit na ba ill gotten!

  13. Oblak Oblak

    I totally agree kay Ka Enchong sa #11. Bilang pangulo, kailangang sumunod sa batas at sa itinakda ng Supreme Court si Noynoy regardless of his personal opinion on the matter. HIndi maganda sa Pangulo na patuloy pa nyang ipagsisikan ang opinion nya sa appointment ni Corona. Alam nya na pader ang babanggain nya kung titirahin pa nya ang desisyon ng Supreme Court araw araw gayung mas maraming problema ang kailangang harapin.

    Sa aming naniniwala kay Noynoy, sapat na yung pinakita nya na hindi sya sang ayon sa naging desisyon nang kuhanin nya si Justice Morales na manumpa sa kanya. Nang makasumpa na sya bilang pangulo, sumumpa rin sya na susundin ang batas kaya ni recognize na nya si Corona bilang Chief Justice.

  14. florry florry

    “I think, there is a need to extricate Noynoy, the candidate, from Noynoy, the President”. – Ka Enchong

    Oh yeah, right, so what you’re saying is, When he was a candidate he can say anything he wanted without the intention of fulfilling it and it’s only for the sake of “paporma” to win votes because that’s what the people wanted to hear. Are you talking for him?

    If that’s the picture you want to frame about him, then by your own account, he is not only an opportunist, a liar and dishonest.

    An honest and sincere candidate should not say anything that he can not stand behind and fight for it. Saying things that you know can not stand on it’s own merit just to win votes is deception and dishonest. It’s the same as cheating.

    If at the outset he already knew that he will not stand a chance to just ignore Corona, then he should have witdrawn his disapproval of the appointment. That could have been a highlight, a show of genuine character of a true leader, a leader who knew and humble enough to admit a mistake. But what happened was exactly the opposite and continued to do so, but eventually blinked because by then he knew he has no way of doing his way.

    And what will make that of him?

  15. I think florry is still having a hangover…over presidents who “actually” were perceived and proven to be bereft of integrity that she is mindlessly trying to malign the present disposition…there are more serious issues worth championing as most of the Filipinos will agree and the sentiment of millions easily trumps a misguided one like hers.
    …and bringing about Cory’s name in vain is really pitiful, an international icon such as her deserves our respect, as clearly florry’s personal accomplishments for sure cannot even hold a candle to the person she ateempts t malign…pitiful and pathetic…find a more worthwhile endeavor, please…

  16. Oblak Oblak

    Aray, Jug. Okay lang naman siguro at for healthy discourse okay din variety sa opinions. Hindi din ako minsan agree sa mga points ni Florry pero okay lang. Si Pader nga lagi kaming salungat pero matalik ko nang kakosa dito.

    OT lang, may susunod kaya kay Noynoy na nagsabi na hindi nya gusto na ilalagay ang mukha o pangalan nya sa mga posters, tarps at notices. Sana naman para matigil na yung mga greetings ng mga politikos with matching photoshopped pictures nila!

  17. florry florry

    Jug,

    Am I misguided? I don’t think so.

    I can’t see how my comments on the article were out of line, misguided or mindlessly maligning the sitting president. Maybe you should go over again the article; it’s all about midnight appointments, OICs and CJ Corona.

    If voicing criticisms, dissent or opinions not in conformity with those in power and supporters mean maligning, then change the form of government into authoritarian or dictatorship. In that way nobody have the right to express views that are critical of them.

    When I said like mother, like son, I never thought anyone would consider that as maligning the good name of Cory. Now if you think that Cory is that good, an icon, then comparing Noynoy to her is the best compliment that he can get. That should make you and his supporters happier.

    Don’t be childish. Why put in line my personal accomplishment alongside that of Cory? I know Cory just like Noynoy became presidents brought about by personal circumstances that happened in their lives and I am giving my due respect that goes with it and in their person.

    On the other hand, you don’t know anything about me and how I manage my life and pitting me against anyone is some kind of idiotic and stupid.

    I can not blame you however because maybe you are still in a hangover mode brought about by the celebration and euphoria of Noynoy’s victory. Soon when you become sober, you realize that everything in what I said is not what you think, especially those most serious issues that concern the welfare of the masses that this government should concentrate on: poverty, education, high cost of transportation and utilities, etc, etc, etc.

  18. rose rose

    natural lang na si Noynoy ay gaawin niyang example ay ang Nanay niya..kaya nga may kasabihan..Son/daughter like father/mother..but then we are in 2010..ang panahon ni Cory was 1986 and the circumstances are different…may 100 days na ba since he took office? let’s give him a chance to prove himself…hindi naman masama ang mga ginawa ni Cory..hindi rin masama ang mga ginawa ni Diosdado Macapagal…pero tinularan ba ng anak niya? hindi matali malinis at maalis ang baho na iniwan ni Arroyo…kailangan ang matapang na deodorizer or lysol…Noynoy needs our help..hindi ba “ako ang simula ng pagbabago”? sng siyam na taon under gloria could not be cleaned up in 3 months! masiadong mabaho!

  19. rose rose

    corr: hindi madali ang maglinis….

  20. Oh yeah, right, so what you’re saying is, When he was a candidate he can say anything he wanted without the intention of fulfilling it and it’s only for the sake of “paporma” to win votes because that’s what the people wanted to hear. Are you talking for him?

    What I’m saying is, when he was a candidate, he can say anything he wanted, period. The only condition is that the pronouncement he makes does not go against standards of decency. The intention of fulfilling will have to be reserved only for promises made. When, during the campaign, he expressed his opinion against Aling Gloria’s authority to appoint the next Chief Justice, he did not make any promise relevant to that issue. What promise is he breaking?

    I searched quite a number of dictionaries, both online and printed, looking for even one where opinion is defined as promise or anything similar to that. Sadly, I failed.

    Am I talking for him? My apologies if I do not see any value in dignifying your question, save for the option of bouncing it back to you: “Are you talking for somebody else?”.

    If at the outset he already knew that he will not stand a chance to just ignore Corona, then he should have witdrawn his disapproval of the appointment. That could have been a highlight, a show of genuine character of a true leader, a leader who knew and humble enough to admit a mistake. But what happened was exactly the opposite and continued to do so, but eventually blinked because by then he knew he has no way of doing his way.

    So far, I have not heard of any change in Noynoy’s opinion. It may still be safe to say that he still disagrees with Corona’s manner of being appointed to the CJ post. Is it not humility that, even while he still disagrees, he chose to submit to the SC ruling and recognized Corona as Chief Justice?

  21. florry florry

    “What I’m saying is, when he was a candidate, he can say anything he wanted, period”. – Ka Enchong

    Wow!!! That’s the first time I come across of some kind of absurd idea and statement about a candidate campaigning for the highest office of the land. That can only come from a dyed-in-the wool and blind fan and supporter. If that’s your idea of a good, honest, trustworthy and credible candidate for president, then your standard is nil.

    In general, and not particularly about Noynoy, where’s the decency in a person who says something just to get votes and do otherwise after elected? A decent person will not do that. To me that person is a liar, deceptive, opportunist and dishonest. That is even worst than a cheater because he has no qualms in doing it while cheating is done in secret.

    Maybe go over again my post if there’s something that I said that opinion is a promise. I never said about an opinion or a promise by Noynoy.

    What I said is what he said not to recognize the appointment during the campaign. That’s clear as day. He did not express an opinion but categorically said it.

    I never said that Noynoy now changed his mind or opinion about the appointment of CJ Corona whether it’s legal or illegal.

    What I said is he blinked because now he realized that he can not have his own way on the matter but to follow the law.

    I don’t care if he still disagreed with the appointment, that’s not my beef; the thing is he should not have taken the negative side unless he’s sure that he can stand behind it.

    Maybe I’ll have to paraphrase my question: “Are you talking for him?” I should have asked: Are you a fan and apologist of Noynoy?

    Am I talking for somebody else? Come on election has been long gone, there’s no need to talk about the merits and demerits of candidates. Noynoy is already the president, it’s just happened that it’s the topic of the article above and we are just commenting on it. If the article is not about Noynoy, Corona, etc. then we are all out of topic in this thread.

  22. Get your facts straight. When Noynoy spoke about Corona in the campaign, the Supreme Court – minus Corona, Puno, Carpio, and Carpio-Morales – have not yet promulgated a decision on the legality of appointing Carpio to the position. The decision came afterwards and now that it has been ruled upon, it is incumbent upon the sitting executive to implement the court’s decision.

    It’s a no-brainer that Aquino would still allow Corona to serve if his peers decided otherwise, is it not?

  23. florry florry

    What are the facts?

    Noynoy refused to recognize the appointment even after the SC decision and even after he won the presidency. Proof, he took his oath of office, thankfully not to a barangay captain, but to Justice Carpio-Morales, a first time act of an elected president. If at that time he already made peace with the “guy”, he should have taken the oath administered by him. His refusal means only two things: He doesn’t like the man and he doesn’t recognize his appointment.

    Right, it’s a no brainer that Corona will sit as the CJ not because he is “ALLOWED” by Noynoy, but because it’s mandated by law and so it’s incumbent for him to follow the letter of the law because he cant’ do anything about it.

    Realizing that he can’t do his way, he has to eat his words accept it and let Corona have his prize.

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