This case has been cited 2 times or more.
|
2009-10-02 |
DEL CASTILLO, J. |
||||
| However, even while affirming De Rama, we explained in Quirog v. Aumentado,[17] that: We, however, hasten to add that the aforementioned ruling does not mean that the raison d' etre behind the prohibition against midnight appointments may not be applied to those made by chief executives of local government units, as here. Indeed, the prohibition is precisely designed to discourage, nay, even preclude, losing candidates from issuing appointments merely for partisan purposes thereby depriving the incoming administration of the opportunity to make the corresponding appointments in line with its new policies. (Emphasis supplied) | |||||
|
2009-06-19 |
CHICO-NAZARIO, J. |
||||
| The "mass appointments" made by Mayor Perdices himself by the end of his term in 1998 are likewise insufficient proof of bad faith or ill motive on his part. CSC Resolution No. 010988 providing the guidelines on appointments by local chief executives immediately before and after elections was issued only on 4 June 2001. It cannot be applied retroactively.[49] Moreover, even assuming arguendo that CSC Resolution No. 010988 could be applied to the appointments made by Mayor Perdices in 1998, these appointments were not necessarily in violation of said CSC issuance. CSC Resolution No. 010988 does not totally proscribe the local chief executive from making any appointments immediately before and after elections. The same Resolution provides that the validity of an appointment issued immediately before and after elections by an outgoing local chief executive is to be determined on the basis of the nature, character, and merit of the individual appointment and the particular circumstances surrounding the same. The Court cannot simply assume that the appointments made by Mayor Perdices in 1998 and those made by Mayor Remollo in 2001 (which included those of petitioners) were identical in their natures, characters, merits, and surrounding circumstances, so that they should have been dealt with in the same manner. And even if this Court does make such an assumption, Mayor Perdices' refusal to honor the appointments made in 2001 by then outgoing Mayor Remollo, after the former made similar appointments by the end of his mayoralty term in 1998, may expose Mayor Perdices' hypocrisy, but, again, not necessarily his malice, bad faith, or ill-motive against petitioners. | |||||