P-Noy nullifies Arroyo’s midnight appointments
Through Executive Order No. 2 signed last July 30, President Benigno S. Aquino III nullified all “midnight appointments” made by the previous administration on the ground that they were in violation of the 60-day Constitutional ban on appointments before a national election.
The EO, copies of which were released to the media during a joint briefing by Presidential Spokesman Edwin Lacierda and Chief Presidential Legal Counsel Ed de Mesa, will apply to at least 977 appointments in all branches of government signed by former President Gloria Macapagal Arroyo on or before March 10, 2010.
The national elections were held May 10, 2010.
EO No. 2 defines “midnight appointments” as those made by a former President and other appointing authorities in departments, agencies, offices and instrumentalities, including government-owned and controlled corporations, issued in the following manner:
a. Those made on or after March 11, 2010, including all appointments bearing dates prior to March 11, 2010 except temporary appointments in the executive positions when continued vacancies will prejudice public service or endanger public safety as may be determined by the appointing authority.
b. Those made prior to March 11, 2010, but to take effect after said date or appointments to office that would be vacant only after March 11, 2010.
c. Appointments or promotions made during the period of 45 days prior to the May 10, 2010 elections in violation of Section 261 of the Omnibus Election Code.
De Mesa said all Cabinet secretaries have been directed by the President to conduct their individual investigations as to the actual number of the midnight appointments in their areas and to nullify them on the basis of EO2.
“I am not saying that all of those 977 can be considered midnight appointees. Some of those appointments may be valid. We have to consider them one by one," he told Malacañang reporters.
De Mesa said these midnight appointments were done by the former president to deprive her successor of naming his appointees to these positions.
He explained that determination of whether an appointment can be considered midnight appointment or not is based on the bar code and the mailing date.
“The appointment process—which includes serving the appointment paper, taking the oath and actual assumption of office—must all be completed before March 10 for it to be exempt from the definition of midnight appointment,” de Mesa said.
De Mesa said while no timetable was given for each department to submit its findings on midnight appointments, “we hope they would do it as soon as possible.”
He said many a number of the midnight appointees are prosecutors, agrarian reform officers, undersecretaries and assistant secretaries.
De Mesa said many of them have been deemed removed because they are co-terminus with the previous President.
Even some of them have already been replaced when Malacanang isued by Memorandum Circular 1," he said.
De Mesa said the positions of the midnight appointees will be declared vacant.
Under EO 2 Executive Secretary Paquito Ochoa Jr. assumes authority to designate officers-in-charge to replace the midnight appointees until new replacements are appointed.
President Aquino to meet DA on rice distribution, looming sugar price hike
President Benigno S. Aquino III will meet immediately with officials of the Department of Agriculture (DA) on the possible distribution of excess stocks of imported rice to poor Filipinos nationwide.
In a media briefing in Malacañang, Presidential Spokesman Edwin Lacierda said Agriculture Secretary Proceso Alcala will discuss with the President the recommendation to distribute the rice overstock to blighted communities through the Department of Interior and Local Government (DILG) and the feeding program of the Department of Social Welfare and Development (DSWD).
Lacierda said Alcala will seek the approval of the President after meeting with DILG Secretary Jesse Robredo, DSWD Secretary Corazon Soliman and National Food Authority (NFA) Administrator Lito Banayo.
Earlier, Banayo said they are formulating guidelines to distribute excess NFA rice stocks with the DILG, expressing interest in selling and distributing them to target poor communities.
The DSWD also expressed interest in acquiring the excess NFA rice for their supplemental feeding program for malnourished children.
Because of overimportation by the previous administration, the NFA has mulled on selling its current inventory to prevent wastage and spoilage of excess stocks.
At present, the NFA has over 56 days of rice stock, which is above the agency’s 30-day food security buffer.
During the briefing, Lacierda said Alcala will likewise meet with the Sugar Regulatory Administration (SRA) to discuss the proposed hike in the suggested retail price (SRP) of sugar in the local market.
Earlier, the Philippine Sugar Millers Association (PSMA) asked for an increase in the SRP for domestic sugar after world sugar market prices increased to $560 per metric ton from $531/MT last week.
PAL takeover is not an option - Lacierda
Taking over the beleaguered Philippine Airlines is not an option.
This, Malacanang emphasized today, after the idea of the government taking over the country’s flag carrier was broached during the series of dialogues between PAL management, its pilots and their representatives and officials of the Department of Transportation and Communication since last week.
“This is not an option. We are exploring other options,” explained Presidential Spokesperson Edwin Lacierda in a press briefing this morning.
Lacierda said the government continues to hold dialogues with PAL to ensure the smooth operations of Asia’s first airline so that the riding public will not be jeopardized.
PAL management, according to Lacierda, has come out with a modified flight schedule for its customers in adjustment to the lack of pilots in its roster.
Some 25 pilots have resigned last week to move to higher paying jobs in other airlines, resulting in the cancellation and delays in PAL flights.
Lacierda said results of the two dialogues with the pilots and their representatives indicate that wages are not the single overriding concern. “There were a lot more concerns raised but I would rather not divulge them so as not to affect the ongoing dialogues,” he said.
On the issue of wages, Lacierda said, the management of PAL insists that their rates are competitive in the region.
As to whether the government would provide its Philippine Air Force pilots to PAL to run the planes, Lacierda said “this has not been brought up.”
“We are going through it day by day and we are in continuous dialogues with the different camps to arrive at a common ground in resolving the different issues,” Lacierda said.
