Legal and equitable right

Are midnight appointments of local officials valid? This is the question answered in this case of fourteen municipal employees of a town in Quezon Province.

The 14 appointments to various vacant positions in the municipal government were made by the outgoing Mayor after she had lost in her bid for re-election. In the space of 27 days after the results of the May 11, 1995 elections were announced, the losing Mayor went ahead and filled the vacancies. The 14 appointments were considered in only two brief meetings of the Personnel Selection Board presided by the Mayor herself on May 31,1995 and June 16, 1995. After said meetings, the outgoing Mayor appointed two employees on June 1,1995, one employee on June 16, 1995 and eleven employees on June 27,1995 three days before he bowed out of office. Their appointments were duly attested to by the Head of the Civil Service Commission (CSC) Field Office and they assumed their positions even before the new Mayor assumed his position.

When the new Mayor took over, his first official act was to issue an Office Order and request the CSC to recall the appointments of the fourteen employees without giving the latter prior notice or hearing. He justified his recall order on the allegation that said appointments were "midnight appointments" in violation of Article VII Section 15 of the Constitution which prohibits the President or Acting President to make appointments two months immediately before the next presidential elections and up to the end of his term, except temporary appointments to executive positions so as not to prejudice public service or endanger public safety.

The CSC however denied, the new Mayor’s request. According to the CSC the questioned appointments were issued in accordance with pertinent laws. Thus the same were effective immediately, and cannot be withdrawn or revoked especially after they have been approved by the CSC Field Office Head and the appointees have assumed their positions. The CSC also said that the constitutional provision on "midnight appointments" relied upon by the new mayor prohibits only those appointments made by the outgoing President and not those made by local elective officials. Thus "the appointing authority (local government official) can validly issue appointments until his term has expired, as long as the appointee meets the qualification standards for the position", the CSC concluded.

Was the CSC correct?

Yes.

The "midnight appointments" that are forbidden under Article VII Section 15 of the Constitution applies only to presidential appointments. There is no law that prohibits local officials from making appointments during the last days of their tenure.

The 14 employees were duly appointed following two meetings of the Personnel Selection Board. There is no showing that any of the appointees were not qualified for the positions they were appointed to. Their appointments were duly approved by the Head of the CSC Field Office. By virtue thereof, they had already assumed their appointive positions. Consequently, their appointments took effect immediately and cannot be unilaterally revoked or recalled by the new Mayor.

Upon the issuance of an appointment and the appointee’s assumption of the position in the civil service, he acquires not only a legal, but an equitable right which cannot be taken away either by revocation of the appointment or by removal except for cause and with previous notice and hearing. This right is protected not only by the statute but by the Constitution as well (De Rama vs. Court of Appeals, G.R.131136, February 28,2001).