MANILA -- Malacanang remains confident that Executive Order 2 revoking supposed midnight appointees of former President Gloria Macapagal-Arroyo is constitutional.

Two officials affected by the order of President Benigno “Noynoy” Aquino III sought for nullification of EO 2, stressing that it “demonstrates an arbitrary misuse of executive power”.

Subic Bay Metropolitan Authority (SBMA) director Eddie Tamondong and Department of Justice (DOJ) Assistant Secretary Jose Arturo de Castro insisted that they should not be axed because their appointments were valid.

In the petition of de Castro, he said EO 2 violates Article III Section 1 of the Constitution which prohibits “deprivation of persons of their property rights without just cause and compliance with the cardinal requirement of due process;” and Article IX Section 2b of the Constitution which prohibits “deprivation of civil service employees of security of tenure and summarily dismissing them without just cause and without compliance with the cardinal requirements of due process.”

Communications Group official Sonny Coloma on Tuesday maintained that EO 2 is constitutional.

He said all legal aspects of the order were thoroughly studied.

Malacanang earlier said that they are open to questions to be filed before the courts and they are ready to defend the legality of the EO. (Jill Beltran/Sunnex)