A LAW professor said there's nothing illegal about President Benigno Aquino III's order revoking midnight appointments made by the previous administration.
Aquino issued on Wednesday Executive Order 2, recalling, withdrawing, and revoking those who will be proven as midnight appointees of the previous administration.
Elena Bautista-Horn, spokesperson of Arroyo, said Thursday the constitutionality of EO 2 is questionable as it is only based on an "interpretation" of the 1987 Constitution.
Article VII, Section 15 of the Constitution states: "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."
University of the Philippines-College of Law dean Marvic Leonen said explained that the order is simply an implementation of a constitutional ban on midnight appointment or appointment that are made 60 days before the elections.
However, Leonen said that aside from being formally appointed to the position before the elections, the appointee should have taken their oath and assumed the position and reported for work by that time.
Most of the positions included in the midnight appointee list are prosecutors, provincial agrarian reform officers, undersecretaries and assistant secretaries. (Sunnex)