Evelyn Abeja run for reelection but lost to de Rama. Before she vacated her office, she extended permanent appointments to 14 new employees of the municipal government. de Rama, upon assuming office, recalled said appointments contending that these were "midnight appointments" and, therefore, prohibited under Sec. 15 Art. VII of the Constitution. SC held that the records reveal that when de Rama brought the matter recalling the appointments of the 14 employees before the Civil Service Commission, the only reason he cited to justify his actions that these were "midnight appointments" that are forbidden under the Constitution. However, the CSC ruled, and correctly so, that the said prohibitions applies only to presidential appointments. In truth and in fact, there is no law that prohibits local elective officials from making appointments during the last days of his or her tenure.
Posted by kaye lee on 12:04 AM
353 SCRA 94 G.R. No. 131136 February 28 2001 [Midnight appointments]
Categories: Constitutional Law 1
