Republic of the Philippines
HOUSE OF REPRESENTATIVES:
Quezon City

SIXTEENTH CONGRESS.
Second Regular Session

House itt No,__ 1798

Introduced by HONORABLE LANI MERCADO-REVILLA

EXPLANATORY NOTE

Section 15 of Article VII of the 1987 Constitutions provides:

“Section 15. Two months immediately before the next,
Presidential elections and up to the end of his term, a
President or Acting President shall not make appointments,
except temporary appointments to executive positions when
continued vacancies therein will prejudice public service or
endanger public safety.”

The foregoing restriction on the executive appointing power pertains only to the
President, The ban does not extend to local executives like Municipal and City Mayors
and Provincial Governors. Thus, in the De Rama v Court of Appeals (353 SCRA 94) the
Supreme Court explicitly held:

“The records reveal when the petitioner brought the
matter recalling the appointments of the fourteen (14) private
respondents before the CSC, the only reason he cited to justify
his action was that these were ‘midnight appointments’ that
are forbidden under Article VII, Section 15 of the
Constitution. However, the CSC ruled and correctly so, that
the said prohibition applies only to presidential appointments.
In truth and in fact, there is no law that prohibiting local
elective officials from making appointments. Neither did he
allege that the said appointments were tainted by irregularities
and anomalies that breached laws and regulations governing
appointments. His solitary reason for recalling these
appointments was that they were, to his personal belief,
‘midnight appointments’ which the outgoing mayor had no
authority to make.” (emphasis supplied)

The reason for the ban on making presidential appointments during the proscribed
period under Sec. 15 of Art. VII is well explained in in re: Hon. Mateo A. Valenzuela and
Hon. Placido B. Vallarta (298 SCRA 408) where the Supreme Court ruled that:

“Now, it appears that Section 15, Article VII is directed
against two types appointments: (1) those made for buying
votes and (2) those made for partisan consideration. The
first refers to those appointments made within the two (2)


months preceding presidential elections and are similar to those
which are declared election offenses in the Omnibus Election
Code x x x The second type of appointments prohibited by
Section 15, Article VII consist of the so-called ‘midnight’
appointments. In Ayfona v Castillo, it was held that after the
proclamation of Diosdado Macapagal as duly elected President,
President Carlos P. Garcia, who was defeated in his bid for
reelection, became no more than a ‘caretaker’ administrator
whose duly was to “prepare for the orderly transfer of authority
to the incoming President.” (emphasis supplied)

There is rhyme and reason to impose the same prohibition on elective local
executives to foreclose the use of their appointing power for partisan considerations and
electioneering purposes.

Moreover, it is also imperative that outgoing local executives, whose terms have
expired or have lost their reelection bids or have run for another position, be prohibited
from making appointments pending the assumption to office of their respective
successors.

This would expressly extend to local executives the applicability of the
jurisprudence rending ineffective “midnight appointments” as enunciated in Ayfona ¥.
Castillo (4 SCRA 1).

This bill seeks to plug the loophole in the law which has been abused with
impunity in the past for purely partisan reason at the expense at the public service even as
it derogates the right of a legitimate successor.

Approval of this bill earnestly sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. 1738

Introduced by HONORABLE LANI MERCADO-REVILLA

AN ACT PROHIBITING CITY MAYORS, MUNICIPAL MAYORS AND
PROVINCIAL GOVERNORS FROM MAKING APPOINTMENT TWO (2)
MONTHS IMMEDIATELY BEFORE THE NEXT LOCAL ELECTIONS AND
PENDING ASSUMPTION TO OFFICE OF THEIR SUCCESSORS AND FOR
OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Proscribed Appointments. ~ Two (2) months immediately before the next
local elections and up to the end of their terms, city mayors, municipal mayors and
provincial governors or those in an acting capacity shall not make appointments, either
casual, contractual, temporary or permanent, except temporary appointments to executive
positions where continued vacancies therein will prejudice public service or endanger
safety,

SEC. 2. Outgoing Local Executives. ~ Outgoing city mayors, municipal mayors and
provincial governors shall not make appointments, either casual, contractual, temporary
or permanent, after the local elections and pending the assumption to office of their
respective successors, except temporary appointments to executive positions where
continued vacancies therein will prejudice public service or endanger safety.

SEC. 3. Automatic Expiration. — All temporary appointments made pursuant to the two
(2) preceding sections shall ipso facto expire on July 1 following the elections, subject to
the renewal of the appointment upon the discretion of the duly authorized appointing
authority.

SEC. 4. Separability Clause. - If any part, section or provision of this A\
invalid or unconstitutional, other provisions not affected thereby shall remain in full force
and effect.

SEC. 5. Repealing Clause. — All other laws, decrees, orders, issuances, rules and
regulations contrary to ot inconsistent with the provisions of this Act are hereby repealed,
amended or modified accordingly.

SEC. 6. Effeeti
the Official Gazette.

~ This Act shall take effect fifteen (15) days after its publication in

Approved,