Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House BrLL No. _ 1099

Introduced by HONORABLE EDCEL C. LAGMAN

EXPLANATORY NOTE
Section 15 of Article VII of the 1987 Constitution 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 appoi

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 of 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 Aytona 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 duty 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 rendering ineffective “midnight appointments” as enunciated in
Aytona v. 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 reasons at the expense of public service
even as it derogates the right of a legitimate successor.

Approval of this bill is earnestly sought.

EDCEL C. LAGMAN


Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 1099

Introduced by HONORABLE EDCEL C. LAGMAN

AN ACT
PROHIBITING CITY MAYORS, MUNICIPAL MAYORS AND PROVINCIAL
GOVERNORS FROM MAKING APPOINTMENTS 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 the 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. — A\l temporary appointments made
pursuant to the two (2) preceding sections shall jaso 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 Act is
held 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 or inconsistent with the provisions of this Act are
hereby repealed, amended or modified accordingly.

SEC. 6. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette.

Approved,