Question & AnswerQ&A (EXECUTIVE ORDER NO. 137)
It prohibits the President or Acting President from making appointments during the two months immediately before the next presidential elections up to the end of his/her term, except for temporary appointments to executive positions when continued vacancies will prejudice public service or endanger public safety.
The Supreme Court ruled that the President is neither required nor allowed to make appointments during the two months before the next presidential election up to the end of the term, except for temporary appointments to executive positions or appointments to the Judiciary.
It prohibits government officials from appointing or hiring new employees, creating new positions, promoting, or giving salary increases during 45 days before a regular election or 30 days before a special election unless prior authority from the Commission is obtained.
Appointments made on or after March 11, 2010; appointments made prior to March 11, 2010 but effective after that date; and appointments or promotions made within 45 days before the May 10, 2010 elections violating the Omnibus Election Code.
They are recalled, withdrawn, and revoked, and the positions covered or affected are declared vacant.
Yes, temporary appointments to executive positions are allowed when continued vacancies will prejudice public service or endanger public safety, as determined by the appointing authority.
An appointment is deemed complete only upon acceptance by the appointee.
The Executive Secretary may designate an officer-in-charge (OIC) to perform the duties until a replacement is appointed and qualified to maintain government operations.
They are repealed or modified accordingly.
To uphold the principle that civil service appointments must be based on merit and fitness and to prevent deprivation of the new administration's power to make its own appointments.