Cabinet members can still relieve "midnight appointees" from their posts while the Supreme Court has not issued a temporary restraining order against the implementation of President Benigno Aquino III's Executive Order No.2, Malacañang said Wednesday.
"Having no legal process to restrain us from performing our functions, all the Cabinet departments are still given the right to replace midnight appointees," presidential spokesman Edwin Lacierda said in a press briefing.
Justice assistant secretary Jose Arturo de Castro and Subic Bay Metropolitan Authority (SBMA) director Eddie Tamondong have asked the Supreme Court to nullify EO No. 2, which revokes former President Gloria Macapagal-Arroyo's so-called midnight appointments. (See: Malacañang revokes Arroyo 'midnight appointments')
De Castro is also seeking to nullify EO No. 3, which revokes Arroyo's EO No. 883 that grants lawyers "occupying legal positions in the government executive service who have obtained graduate degrees in law and successfully passed their bar examinations" with the rank of Career Executive Service Officer III. (See: Aquino revokes Arroyo EO on govt lawyers)
Nevertheless, in the case of De Castro, Justice Secretary Leila de Lima already said on Wednesday that it is best for her embattled assistant secretary to vacate his post while the SC reviews his petitions to nullify the two EOs. (See: De Lima tells DOJ exec to vacate post)
The Supreme Court has asked the Palace to comment on the petitions. (See: SC tells Palace to comment on petitions challenging Aquino EOs)
In what could lead to more government officials being relieved, Lacierda said Malacañang is welcoming the Senate's impending investigation into the alleged excessive bonuses and other perks received by several officials of government-owned and controlled corporations (GOCC). (See: Senate sets probe on GOCC execs’ ‘fat bonuses’)
"That's part of our own reform program, let’s cut fat," he said.
Lacierda said the congressional inquiry is parallel to the study of GOCCs being done by Finance Secretary Cesar Purisima, who is looking into the performances of GOCCs.
Purisima and Budget Secretary Florencio Abad are crafting guidelines on the pay and allowances of officials of GOCCs and government financial institutions after Aquino revealed in his State of the Nation Address last July 26 that officials of the Metropolitan Waterworks and Sewerage System received excessive bonuses during the Arroyo administration.—Jam Sisante/JV
