Press Release
June 4, 2010

CHIZ TO MIDNIGHT APPOINTEES: SUBMIT COURTESY RESIGNATIONS

Senator Chiz Escudero today urged all appointees who benefitted from the midnight appointments made by President Arroyo to offer their courtesy resignations amid the furor over its constitutionality and propriety.

"I urge them to offer their courtesy resignations. Delicadeza dictates nothing less from these people who were given posts and tenures outside of what the constitution provides".

This after an ABS-CBN News report uncovered almost 250 midnight appointments made by Arroyo all backdated to March 1, 2010. The constitution bans any and all appointments to executive posts starting March 10, 2010, or two months prior to election.

The report said a flurry of appointments dating from March 1-9, 2010 was issued by President Arroyo herself. One hundred sixty nine (169) were appointed to government owned and controlled corporations (GOCC) and 10 to government agencies including the Office of the President.

Escudero said all such appointments are invalid and null and void based on previous decisions of the Supreme Court.

Article VII, Section 15 of the Constitution states 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 or endanger public safety."

Escudero went on that as of the moment, only two exceptions are allowed: 1) temporary appointments to avoid any prejudice to public service or danger to public safety as a result of a vacancy; and 2) appointments in the SC as recently ruled by the SC itself.

"The intention of the constitution is to allow the next president to make any appointment in sensitive government posts and GOCCs. Any hastily made appointments now are not only unconstitutional but a blatant disregard of the rule of law".

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