Midnight massacre: Aquino fires 970 Arroyo appointees

PRESIDENT Benigno Aquino III has fired more than 970 government officials appointed by his predecessor, saying their taking office violated a constitutional ban on new appointments during the election period that began on March 10.

Executive Order No. 2, released Wednesday, said the appointments were made “in complete disregard of the intent and spirit of the constitutional ban” and deprived the new administration of the power to make its own appointments.

“To strengthen the civil service system, it is necessary to uphold the principle that appointments to the civil service must be made on the basis of merit and fitness,” the order said.

“It is imperative to recall, withdraw, and revoke all appointments made in violation of the letter and spirit of the law.

“Midnight appointments are hereby recalled, withdrawn, and revoked. The positions covered or otherwise affected are hereby declared vacant.”

The President ordered Executive Secretary Paquito Ochoa Jr. to designate officers-in-charge to perform the duties of those whose appointments had been revoked until replacements hadbeen named.

The order identified three types of midnight appointments:

• Those made on or after March 11, including all appointments bearing dates before the constitutional ban but in which the appointee accepted or took his oath or assumed office after March 11

• Those made before March 11 but took effect after the ban, or appointments to office that would be vacant only after March 11

• Appointments and promotions made during the period 45 days before the May 10 elections.

The only exemption are for temporary appointments in executive positions “when continued vacancies will prejudice public service or endanger public safety.”

Chief presidential legal counsel Eduardo De Mesa said the appointments were contrary to the principle that an outgoing administration must act only as a caretaker.

“The sheer number of these appointments gives basis to the opinion or to the belief that they were made for the purpose of depriving the next president of the prerogative of making these appointments,” de Mesa said.

De Mesa, quoting a Supreme Court decision, said the outgoing administration during the election period hac been “enjoined from performing acts that would embarrass or obstruct the policies of the successor or negate the successor’s executive prerogative to exercise his appointing power.”

He said the number of firings could go up depending on the investigations to be done by department and agency heads.

But the spokesman for former President Gloria Arroyo, Elena Bautista-Horn, said no appointments were made during the prohibited period.

“In our definition, a midnight appointment is made during the [prohibited period]. Under the Constitution, that starts on March 10. The Aquino administration may be using a different definition,” she said.

She appealed to President Aquino to allow the affected officials to stay until the end of the year out of compassion.

A document, “Summary of Key Midnight Appointments as of June 2,” posted by the anti-Arroyo Former Senior Government Officials group, listed the following:

• National Irrigation Administration Administrator Alexander Reuyan, appointed March 23 to a four-year term

• PNOC Development and Management Corp. Board members Franco Loyola, Jinky Palmares, and Emil P. Jurado, appointed March 25

• Development Bank of the Philippines board member Ester Alano Laconico-Feria, appointed March 8 but assumed office April 7 for a one-year fixed term

• GSIS Family Bank chairman Benedicto Jose Arcinas, vice chairman and president Emmanuel Dalman, and board members Lorenzo Sixto Lichauco, Jesus Santos, Esperanza Ocampo, Eduardo delos Angeles, Mahalia Linda Operario, Benedicto Jose Arcinas, all appointed April 29;

• Clark International Airport Authority Chairman Nestor Mangio and board members Alexander Cauguiran, Jesus Nicdao, Rafael Lazatin-Angeles, Alfonso Cusi, Benigno Ricafort, Silvestre Manuel Punsalan Jr., Romeo Dyoco Jr., and president Victor Jose Luciano, all appointed May 17;

• Philippine Reclamation Authority board member Ramon Revilla Sr., appointed Feb. 23 but assumed office March 19 to a three-year term;

• Zamboanga City Special Economic Zone Authority Vice Chairman Renato Ebarle, appointed March 5 but who had not yet assumed office as of May 19; and Edgar Bagarinao, appointed March 5 but assumed office April 13, both with six-year fixed terms.

• Home Guaranty Corp. board member Maite Defensor, appointed March 5 but who took her oath April 28 for a five-year fixed term;

Another list from the Philippine Center for Investigative Journalism named 13 officials who were appointed or promoted on June 10, a day after Congress proclaimed Mr. Aquino president. These were:

• Defense Undersecretary Proceso Domingo, appointed to the rank of Career Executive Service Officer or CESO 1

• Public Works Regional Director Angelito Twano to CESO III

• Presidential Management Staff Director Susan Solo to CESO III

• Agriculture Regional Director Remedios Ongtangco to CESO III

• National Food Authority Department Manager Mercedes Yacapin to CESO IV

• Department of Education Regional Director Teofila Villanueva to CESO III

• Philippine Orthopedic Center Chief of Medical Professional Staff Luisito Maano to CESO V

• Justice Undersecretary Jose Vicente Salazar to CESO I

• Science and Technology Undersecretary Graciano Yumul to CESO I

• Interior and Local Government Regional Director Evelyn Trompeta to CESO II

• Trade and Industry Provincial Director Desiderio Belas to CESO III

• Presidential Management Staff Directors Irene Calingo and Josephine Raynes to CESO III.

Earlier published reports also cited the following cases:

• National Police Commission commissioners Constancia de Guzman and Zamboanga del Sur Rep. Alejandro Urro, whose appointment papers were signed March 7 but took their oath only on March 25

• Chief presidential legal counsil Natividad Dizon, who was appointed before March 10 but was promoted as head of the Board of Pardons and Parole three weeks after the ban took effect

• National Museum chairman Hilarion Henares and museum director Jeremy Barns

• Vice chairman of the Dangerous Drugs Board Rommel Garcia.

• Subic Bay Metropolitan Authority board member Alvin Capino.

Capino and Jurado, who are also Manila Standard columnists, said they would vacate their positions.

Jurado said he was appointed March 5, five days before the election ban, to a three-year term, but he resigned last week because he did not intend to be reappointed.

Capino said he would resign as soon as his replacement was named.

Joyce Panares, Manila Standard Today