P-Noy can challenge midnight appointments

MANILA, Philippines - This refers to the letter of John Estallo, founder of the Kaprima Political Movement (published on 13 June) where he took me to task for allegedly desecrating the memory of the late President Carlos Garcia with my legal commentary on the midnight appointments made by outgoing President Gloria Macapagal Arroyo.

I would like to assure Mr. Estallo that there was never any intent to sully the legacy of President Garcia, particularly his Filipino First Policy, when I drafted my legal paper entitled “Can President-Elect Noynoy Aquino revoke GMA’s midnight appointments?” partly published by the Philippine Star on June 10.

My primary objective was to explain in layman’s terms the legal principles behind my position that there is legal basis for incoming President Benigno “Noynoy” Aquino III to challenge the midnight appointments made by President Arroyo.

As a lawyer, it was impossible for me explain these legal issues fully without recalling the applicable provisions of the 1962 Supreme Court case of Aytona v. Castillo where the court nullified the 350 appointments made by President Garcia on the eve of the inauguration of his successor, President Macapagal, in 1961.

In my commentary, you will note that I did not dwell on the motivation of President Garcia except to quote the Supreme Court decision that Garcia exercised his constitutional power of appointment with “an abuse of presidential prerogatives” and with the “mere partisan effort to fill all vacant positions irrespective of fitness and other conditions” for the purpose of depriving “the new administration of an opportunity to make the corresponding appointments.”

Notwithstanding the debate on midnight appointments, I harbor nothing but respect and admiration for President Carlos Garcia who I remember to be an outstanding nationalist, a dedicated teacher, poet, orator, lawyer, public official, and guerrilla leader.

As a law student and later as a public servant myself, I was, and remained, an admirer of President Garcia’s “Filipino First” policy, which rightly puts the interests of the Filipino people above all others.

I hope you will find this letter worthy of publication so that it can clarify whatever misunderstanding my legal commentary of midnight appointments issue may have generated.

Thank you and more power to you.