Palace stands pat on E.O. No. 2
Malacañang today stood pat on its issuance of Executive Order No. 2 revoking “midnight appointments” made by the previous administration saying these violated the “intent and spirit of the constitutional ban on midnight appointments.”
Chief Presidential Legal Counsel Eduardo De Mesa brushed aside former President Gloria Macapagal-Arroyo’s camp’s claim that E.O. No. 2 was unconstitutional because the appointments were made well before the ban took effect on March 10, 2010 or 45 days before the May 10 national elections.
In a press briefing in Malacañang this afternoon, De Mesa told reporters that the Supreme Court had, in several instances, already ruled on the issue when it nullified such appointments which took effect during the prohibition period as prescribed in the Constitution.
He explained that even though these so-called midnight appointments were made before March 10 or prior to the prohibition, the appointee was only able to assume office on the days when the ban had taken effect.
“The issue has been long settled by the SC itself when it prescribed that an appointment is a two-way process. It has to be accepted by the appointee and the appointee must take his oath (of office),” De Mesa said.
“So the SC has, in a very, very old case, already nullified appointments made during the prohibition period or which were not completed before the prohibition period,” he added.
Presidential Spokesperson Edwin Lacierda said the former President’s camp opted to “literally” interpret the provision banning midnight appointments.
“Our position is to take the spirit behind the provision which is that those appointments were made in violation of the spirit of the Constitution,” Lacierda added.
“As what Sec. De Mesa said, it is a two-way process. You have to have offer and acceptance,” Lacierda said, adding, “It is basic in administrative law, and it has already been settled several times in the Supreme Court.
Palace sees normal PAL operations
Malacanang today said that the “worst is over” for the riding public affected by the ongoing dispute between the management and pilots of the Philippine Airlines and there’s no more need for government intervention in the problem.
Presidential Spokesman Edwin Lacierda said during a Malacanang press briefing that PAL management on its own will implement a modified flight schedule that will normalize operations
Lacierda said that PAL has committed to submit to the Civil Aeronautics Board a revised flight schedule for all routes, thus assuring flights for the riding public.
“This will normalize the operations under a used flight frequency. Apparently PAL has come up with the modified schedule so as not to prejudice to riding public,” Lacierda said.
On the concerns of the PAL pilots about what they felt was the indiscriminate transfer of pilots to PAL sister firm, Air Philippines, that reportedly was affecting their security of tenure, Lacierda said that PAL management has promised not to transfer A320 pilots to its sister company.
Lacierda also said that PAL shall undertake dialogue with the remaining pilots.
Lacierda said that the government will no longer take part in the dialogues as he believes that the management and the pilots can mutually resolve the issues by themselves.
He added that the foremost concern of the government was that the exodus of the pilots, but since PAL has already promised to modify its flight schedules, the government need not interfere anymore.
