Recalling, Withdrawing, and Revoking Appointments Issued by the Previous Administration in Violation of the Constitutional Ban on Midnight Appointments, and for Other Purposes

Case Overview and Summary

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)