Republic of the Philippines
MALACAÑANG
ManilaBY THE PRESIDENT OF THE PHILIPPINES
EXECUTIVE ORDER NO. 2 July 30, 2010
RECALLING, WITHDRAWING, AND REVOKING APPOINTMENTS ISSUED BY THE PREVIOUS ADMINISTRATION IN VIOLATION OF THE CONSTITUTIONAL BAN ON MIDNIGHT APPOINTMENTS, AND FOR OTHER PURPOSES.
WHEREAS, Sec. 15, Article VII of the 1987 Constitution provides that "Two months immediately before the next presidential elections and up to the end of his term, a President or Acting President shall not make appointments, except temporary appointments to executive positions when continued vacancies therein will prejudice public service of endanger public safety.";
WHEREAS, in the case of "In re: Appointments dated March 30, 1998 of Hon. Mateo Valenzuela and Hon, Vallarta as Judges of the Regional Trial Court of Branch 62 of Bago City and Branch 24 of Cabanatuan City, respectively" (AM no. 98-5-01-SC Nov. 9, 1998), the Supreme Court interpreted this provision to mean that the President is neither required to make appointments nor allowed to do so during the two months immediately before the next presidential elections...
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Executive Orders
Recalling, Withdrawing, and Revoking Appointments Issued by the Previous Administration in Violation of the Constitutional Ban on Midnight Appointments, and for Other Purposes
Executive Order No. 2
Summary of Executive Order No. 2
Recalling, Withdrawing, and Revoking Midnight Appointments
- Defines "midnight appointments" as appointments made by the previous administration in violation of the constitutional ban on appointments during the period before the next presidential election. (Section 1)
- Cites the constitutional provision prohibiting appointments two months before the presidential election, except for temporary appointments to executive positions when continued vacancies will prejudice public service or endanger public safety. (Whereas clauses)
- Cites the Omnibus Election Code provision prohibiting appointments, creation of new positions, promotions, or salary increases 45 days before a regular election and 30 days before a special election, except with prior authority from the Commission on Elections. (Whereas clauses)
- Recalls, withdraws, and revokes all midnight appointments as defined, declaring the affected positions vacant. (Section 2)
- Allows the Executive Secretary to designate officers-in-charge to perform duties of recalled appointees until replacements are appointed and qualified, when necessary to maintain efficiency and continuity of government operations. (Section 3)
- Repeals or modifies inconsistent executive issuances, orders, rules, and regulations. (Section 4)
- Includes a separability clause. (Section 5)
- Takes effect immediately. (Section 6)
Recalling, Withdrawing, and Revoking Midnight Appointments
- Defines "midnight appointments" as appointments made by the previous administration in violation of the constitutional ban on appointments during the period before the next presidential election. (Section 1)
- Cites the constitutional provision prohibiting appointments two months before the presidential election, except for temporary appointments to executive positions when continued vacancies will prejudice public service or endanger public safety. (Whereas clauses)
- Cites the Omnibus Election Code provision prohibiting appointments, creation of new positions, promotions, or salary increases 45 days before a regular election and 30 days before a special election, except with prior authority from the Commission on Elections. (Whereas clauses)
- Recalls, withdraws, and revokes all midnight appointments as defined, declaring the affected positions vacant. (Section 2)
- Allows the Executive Secretary to designate officers-in-charge to perform duties of recalled appointees until replacements are appointed and qualified, when necessary to maintain efficiency and continuity of government operations. (Section 3)
- Repeals or modifies inconsistent executive issuances, orders, rules, and regulations. (Section 4)
- Includes a separability clause. (Section 5)
- Takes effect immediately. (Section 6)