SC asks Palace to defer order sacking 'midnight appointees'

Posted at 08/12/2010 3:52 PM

MANILA, Philippines  - The Supreme Court on Thursday urged Malacañang to defer the implementation of Executive Order No. 2 revoking all the midnight appointments made by former President Arroyo until after the Court has ruled on separate petitions questioning its legality.

Supreme Court Administrator Jose Midas Marquez said the Aquino administration should maintain the status quo until the Court has issued a ruling on the petitions filed by lawyer Eddie Tamondong, acting director of the Subic Bay Metropolitan Authority (SBMA), and Department of Justice Assistant Secretary Jose Arturo de Castro.

 “It would be more prudent to maintain status quo in the meantime considering that the Court has already acquired jurisdiction over that case and the Court has already required the executive secretary his comment within a non-extendible period of 10 days,” Marquez said.

The SC spokesman said that while there is no legal barrier preventing the enforcement of EO No. 2, he said the Court has also made it clear that it would decide whether to issue a [temporary restraining order] or status quo ante order after it receives the comment from Malacañang.

"There is still a possibility that a TRO or a status quo ante order might be issued," he said.

Malacañang on Wednesday said it will push through with President Benigno Aquino III's order to weed out the previous administration's "midnight appointees" after the Supreme Court did not give a stay order against EO No. 2.

EO No. 2 covers officials appointed by President Arroyo on or after March 11, 2010; those who were appointed prior to March 11 but took their oaths and assumed office after the date; or designated during a 45-day ban under the Omnibus Election Code.

Tamondong and de Castro have both questioned the legality of the executive order, with a prayer for a TRO.

The Supreme Court has directed Executive Secretary Paquito Ochoa Jr., who was named as respondent in the two petitions, to comment on the petitions within 10 days.


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