Recall of Midnight Appointments 2010

The 1998 Supreme Court ruling in In re: Appointments confirmed the ban on appointments during the prohibited timeframe.
The exceptions to this ban include temporary executive appointments and appointments to the judiciary, aligning with Supreme Court jurisprudence and the 2010 De Castro case.

Section 261 of the Omnibus Election Code criminalizes appointment of new employees, creation of new positions, promotions, or salary increases during 45 days before a regular election and 30 days before a special election without prior Commission authority.
The Commission may grant exceptions if the position is essential and the appointment will not influence the election.
Appointments made in violation are null and void.

Records show numerous appointments made on or about March 10, 2010, violating the constitutional ban on midnight appointments.
Such appointments obstruct the incoming administration's right to make its own appointments.
Jurisprudence states an appointment is only complete upon the appointee's acceptance.
Upholding merit and fitness principle requires recalling, withdrawing, and revoking all appointments breaching the law.

Appointments made on or after March 11, 2010, including those dated before but accepted or assumed public office on or after this date, are deemed midnight appointments, except for allowed temporary appointments.
Appointments made before March 11, 2010, but effective after that date or for offices vacant only after March 11, 2010, are midnight appointments.
Appointments and promotions made within 45 days prior to May 10, 2010 election in violation of the Omnibus Election Code are included.

All midnight appointments as defined are hereby recalled, withdrawn, and revoked.
Positions covered by these appointments are declared vacant.

The Executive Secretary may designate officers-in-charge (OICs) for positions vacated by revoked appointments to maintain efficiency and continuity of government operations.
Such designations remain until a qualified replacement is appointed.

All executive issuances, orders, rules, regulations, or parts thereof inconsistent with this Executive Order are repealed or modified accordingly.

If any part of the Executive Order is declared unconstitutional or invalid, the remaining provisions shall continue to be effective.