Statement of President Aquino on the Issuance of a Status Quo Ante Order Regarding Executive Order No. 2
by the Supreme Court
Yesterday, the Supreme Court issued a Status Quo Ante Order granting the motion of Bai Omera Dianalan-Lucman. She was one of four people who filed petitions before the Supreme Court questioning the constitutionality of Executive Order No. 2, but the Supreme Court only acted on Lucman.
We issued Executive Order No. 2 recalling, withdrawing, or revoking midnight appointments, because the previous administration had exceeded and abused the limits of its powers to appoint.
We had to issue EO2 because there were people who accepted illegal appointments. By knowingly accepting illegal appointments, they became part of a conspiracy to impede and to thwart, our people’s clamor for a return to good governance.
We put in their place people who shared our aims. Our appointees allowed us to discover questionable deals, which we immediately stopped. For instance, our appointees uncovered close to a billion pesos worth of anomalous contracts that had been entered into during the past administration. We have cancelled those contracts and saved the government hundreds of millions of pesos.
While this Status Quo Ante Order applies only to one of four petitioners, let me be clear about its far-reaching consequences. By focusing on the minutiae of the case, the Supreme Court effectively turned back the clock. It dishonors the decency of those who had the courtesy to resign.
The potential result of this will be chaos and paralysis in the Executive Branch of government, as the legitimacy of officials appointed to replace those already removed will be cast in doubt.
This order will embolden hundreds of similarly situated appointees of the past administration who had already been replaced, resigned, or recalled, to demand that they be reinstated or retained. And having returned to their previous posts, what can we expect from people who accepted illegal appointments to begin with?
This order has the potential to derail, or even nullify, our efforts to uncover and reverse midnight deals; streamline the bureaucracy; and implement reforms to bring back good governance. It will enable those who had participated in midnight deals to at the very least, cover their tracks, if not complete acts inimical to the public interest.
Going beyond the Executive Branch, this order comes shortly after the Supreme Court issued a similar Status Quo Ante Order preventing the House of Representatives from acting on the impeachment complaints against Ombudsman Merceditas Gutierrez. The Members of the House protested what they believed was an intrusion into their own constitutional powers.
We kept our silence when the Supreme Court prevented the House from continuing with its impeachment proceedings.
That recent action of the Supreme Court tests the limits of its constitutional authority, and this latest order could precipitate a clash with another separate, co-equal branch of government.
Our democracy was built on the constitutional principle of the separation of powers; hence, there are three branches of government. We therefore appeal, as a co-equal branch of government, for the Supreme Court to consider the implications of its order.
This order also comes at a time when we had already taken significant steps forward, and public confidence in our institutions is being restored. We have saved the Filipino people billions of pesos by rescinding contracts that have been uncovered after the midnight appointees have been removed from office. The economy is on an upturn. This order can set back all of these achievements.
I call upon the Supreme Court to exercise judicial prudence at a time when the Filipino people deserve confidence-building measures from all our institutions rather than actions that might diminish this confidence.
Nakikiusap kami sa Korte Suprema na lawakan ang kanilang pananaw, at ipamalas ang pagtataguyod ng interes ng kalahatan.
Statement of Sen. Francis “Kiko” Pangilinan:
“The Supreme Court it seems has a newfound propensity to step beyond that which is within its jurisdiction. First it went against Congress when it prevented the House of Representatives to proceed with the impeachment case against the Ombudsman. Now it is going against the Executive department. With all due respect, this is judicial interference that runs contrary to the principle of co-equality between the three branches of government.
“Such actions create widespread uncertainty in the bureaucracy especially since the official acts of these individuals remain of doubtful legality until the matter is resolved. Until such time, transactions by the public with these offices will most likely be placed on hold. The uncertainty harms the government’s efforts to deliver its services to the public.”
“Until these cases are resolved these officials are placed in limbo and their agencies and the services they deliver will be in limbo too. We urge the Supreme Court to rethink its position on these twin issues and exercise courtesy and respect towards the legislative and executive branches.”
mahusay talaga si GMA, gamit niya ang sc at ombudsman para siya ay ma proteksionan. tandaan antin na si justice corona ay isa ding midnight appointee, hindi ba kayo nakakahalata, ang talamak na pan loloko ni GMA sa ating mga mamamayang pilipino, gamit ang kung sino sino ma palawak lang ang kanyang ka demonyohan para sa kanyang kapakanan.. gumising na po tayo.. mag kaisa lahat at ating linisin ang pmahalaan ni pnoy, ating alisin ang mga balakid sa tunay na pagbabago.. alisin ang mga pugita ng kasamaan sa pamahalaan na itinalaga ni GMA..!!
Hinay-hinay lang. Masyadong adelantado ang reaction.
The TRO was issued on only one appointee. And her case is unique among all “midnight appointees”. She was issued the appointment on March 8, and took her oath of office on March 10, before the ban took effect on March 11.
newsinfo.inquirer.net/breakingnews/nation/view/20101013-297557/SC-stops-Aquino-from-revoking-Arroyo-midnight-appointments
Tama naman si Lucman, because jurisprudence states that appointment is complete upon the taking of the oath of office of the appointee.
“Well-settled is the rule that an oath of office is a qualifying requirement for a public office, a prerequisite to the full investiture of the office.”
“Prior to such oath, the former officer (Gasgonia) still had the right to exercise the functions of her office.”
Percival Chavez v Lourdes Ronidel G.R. No. 180941 June 11, 2009
The President’s men may have been relying on this quote from the precedent case itself, Dominador Aytona v. Andres Castillo:
But the above came from the concurring opinion of Justice Felix Bautista-Angelo (Bautista Angelo is the complete surname)
Assuming it was the majority, that has been modified by the later ruling of the same Supreme Court. Both were en banc decisions. Had the latter one been by division, may laban sana.
In the words of thief of justice (Pidal), “Back off”. Tama ang TRO.
Akala niyo si Garcia lang ang magulang? That Diosdado Macapagal was the aggrieved righteous one? Well, when Macapagal was on the way out, he did this:
Ang santol hindi nagbubunga ng mangga.
Talagang magbabanggaan ang dalawa. Pareho kasing matitigas ang ulo. 😛
“Ang santol hindi nagbubunga ng mangga.” – snv
Pero paminsan ang manok, nangingitlog ng bugok. 😛
Their eyes hoodwinked but winking at Arroyo, they are part of a grand design to ensure the downfall of the present dispensation. Who will protect the people from this mischievous Supreme Court? Where are the defenders of the Filipinos? Just say the word, EDSA or Faura?
What do we expect of a Supreme Court with almost all Justices including the Chief appointed by GMA? For 10 years, Gloria made sure that all her men were placed properly to protect her and her cronies. The least President Noynoy could do at this point is to make good his threat that he would not recognize Corona. If that is so, then appoint your own SC Chief, Mr. President.
Corona is still partying…..
The pertinent provision of EO 2 is:
If the appointee accepted on or after March 11, 2010, the EO will be upheld.
If the appointee took his oath on or after March 11, 2010, the EO will be upheld.
It is only the last clause which is inconsistent with precedent cases, because appointment is complete upon the taking of the oath. So far, only Lucman is in such a position – having taken her oath on March 10, but assuming office on March 11.
I doubt that the narrow holding will affect many officials declared midnight appointments by this administration.
Don’t take it personally Sir. Your people flubbed the drafting of the EO.
Regarding “midnight” appointees, it’s not all black and white as saxnviolins pointed out.
That Gloria is evil in our vocabulary doesn’t give us a license to behave irrationally. Come to think of it, you are allowing Gloria to have a far-reaching effect on your politics by being consumed by your own hatred of her.
The least we could do at GMA is to hate her. The opposition to midnight appointees is not hating GMA but the precedence it creates. It involves legal issues too.
The failure of EO2 raised doubts about Noynoy’s capacity for meticulous formulation of policies. He had like a month to prepare it, or took his time to study each of Gloria’s “midnight” appointees. Ayan padalos-dalos, palpak tuloy.
Interestingly he’s a little more careful when handling his own friendly appointees, to the point that he cannot break a glass.
President Noynoy did not do well as Congressman and Senator. Let’s not expect him to do well as President.
what else would you expect? The Sc is just living up to what it really is, “supreme cutsaba” ni arroyo. you will see its true color, when the case against arroyo reaches the court. she will certainly go to SC to collect “utang na loob.” the two cases this court just disposed of speak for what it is, first it sided with gutierrez (naku po! nagdiwang si aling mercy), then it ruled in favor of bai lucman (ngek, ano ba naman ito?).
what’s next? be my guest!
kawawang noynoy, lalong mapapanot ang kunting natirang buhok. this sc (ni arroyo) will just taunt you while masquerading under the so-called “rule of law” (kuno).
what judicial independence? what co-equal branches of govt? those are all empty words that don’t carry any weight.
How can Lucman serve under the Aquino govt after all this! Resigning is the prudent thing to do. It is just so embarrassing to go back to work.
Dapat kay Corona buhatin na palabas ng SC. Madami naman goons dyan sa Tarlac. Lalaki at dadami lang ang problema ni PNoy habang nariyan si Corona sa SC.
Day one pa lang ng pagupo ni Pnoy ayaw na niya talaga kay Corona. Kung baga, the feeling is mutual sa kanilang dalawa. Hindi nga pinili ni Pnoy si Corona para mag-swear in sa kanya eh. Kaya siguro gumaganti ang pandak SC kay Pnoy.
uy, lumalabas ang mga totoong kulay ng mga tao dito, kunyari gusto ng pagbabago, Gloria lapdogs din pala…
hello luli, este NFA! and 2blask1! 🙂
hirap maging schizophrenic no? 🙂
Gee, Jug, akala ko kami ni Chi and pinatatamaan mo.
Jake,
You hit the nail right at its head. Why should one stay in the position as a “midnite appointee” if he/she does not get the approval of Noynoy.
Being branded as “kapit tuko” is poison enough. No point arguing and even winning the case, like what Bai Lucman did. Or what Amb. Tiglao and the others are also trying. This position is political, and has little to do with ability or merit or justice that she insists. If I were her, I would just quit rather than fight it out.
What’s this juggernaut talking about? Did I say anything wrong or offensive?
#23: 2b1ask1
” What’s this juggernaut talking about? Did I say anything wrong or offensive? ”
I consider your posts sensible, unlike those long winding ad hominem i do not care to read them.
hawaiianguy – October 15, 2010 8:01 am
what else would you expect? The Sc is just living up to what it really is, “supreme cutsaba” ni arroyo.
___
Another six years of Arroyo in the Supreme Court… it really really sucks!
Oy, bakit hindi ka na natuloy dito bumisita?
Thanks Martina. I was concerned about my name being mentioned in his post. Please let me know if I ever write something wrong and offensive. You don’t just mention someone’s name for no reason.
President “Noynoy” Aquino should remember that he won with over 52% of the vote so the people will support his every action, and his next action should be to send in troops to dislodge all the Pilipinas Supreme Court members so that he can replace them with his own choices. With Trillanes and the other 300 soldiers backing him up, then Noynoy Aquino can act with impunity.