Ex-PNR chief questions order on midnight appointees

MANILA, Philippines - Another official of the previous administration has joined the list of so-called “midnight appointees” questioning before the Supreme Court (SC) President Aquino’s Executive Order 2 that removed them from their posts.

In a 24-page petition, former Philippine National Railways (PNR) general manager Manuel Andal asked the High Court to issue a temporary restraining order (TRO) for his reinstatement and to also nullify the appointment of his replacement, Junio Ragrario.

Andal sought relief from the SC, apparently taking the cue from Secretary Bai Omera Lucman of the National Commission on Muslim Filipinos, who filed a similar petition and was granted a status quo ante order by the court.

Just like Lucman and other petitioners, Andal argued that EO 2 violated his constitutional right to security of tenure and due process of law.

In assailing EO 2, Andal said the presidential directive “was issued without jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction” on three grounds.

Aside from violating his right to security of tenure and to due process, Andal said EO 2 also unduly expands the ban on midnight appointments and usurps the power of judicial review.

He argued that he should not have been removed from his post just because he took his oath of office within the period covered by the constitutional ban on midnight appointments.

Records show that Andal was appointed to a six-year term last March 5, or six days before the appointment ban started.

But since he was on official trip abroad at the time of his designation, Andal only took his oath on March 16.

This was the ground used by Undersecretary Glicerio Sicat of the Department of Transportation and Communications (DOTC) in removing him from his post last Sept. 7.

Petitioner claimed that his removal from office was “illegal and unceremonious” since his appointment is until 2016.

Andal’s petition brings to seven the number of petitions challenging the constitutionality of EO 2.

Apart from Andal and Lucman, other petitioners include Assistant Secretary Jose Arturo de Castro of the Department of Justice, director Eddie Tamondong of the Subic Bay Metropolitan Authority, State Solicitor Cheloy Garafil of the Office of the Solicitor General, Commissioner Francisca Rosquita of the National Commission on Indigenous People, and Quezon City Prosecutor Dindo Venturanza.  

Trouble brewing at CAAP

Meanwhile, Transportation Secretary Jose de Jesus is being questioned over his move to appoint new officials at the Civil Aviation Authority of the Philippines (CAAP), which are supposed to be career positions at the agency.

De Jesus reportedly announced at a special board meeting last Nov. 2 that he was implementing the desire letter of President Aquino regarding the appointment of seven officials at the CAAP.

A group has brought the issue to the attention of Sen. Ramon Revilla Jr., chairman of the Senate committees on public services, and on public works.

There is massive concern raised by career officials at the CAAP regarding the appointment of Ramon Gutierrez as deputy director general for administration, Napoleon Garcia as deputy director general for operations, Wilfredo Borja as assistant director general III (Air Traffic Services), Andrew Basallote as assistant director II (Air Navigation Service), Edgardo Costes as assistant director general II (Aerodrome Development and Management Service), Wilson Mirabona, assistant director general I (Aerodrome Development and Management Service), and Andres Lauriall as assistant director general I (Civil Aviation Training Center).

The DOTC secretary may have railroaded the process when he proceeded with the appointments despite questions raised by some groups, an official said.

De Jesus has explained that he is merely implementing the desire letter of President Aquino dated Oct. 5 for the appointment of the mentioned CAAP officers. – Christina Mendez