Clarification LETTER 08/20/2010

Clarification

LETTER 08/20/2010 Dear Editor: First, Executive Order 2 (EO 2) has solid constitutional underpinning in Section 15, Article VII of the 1987 Constitution, which states that “Two months immediately before the next presidential elections and up to the end of this 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.” It is also anchored on In re Valenzuela (A.M. No. 98-05-01-SC, Nov. 9, 1998) and De Castro v. JBC, et al. (G.R. No. 191002, March 17, 2010). Second, Section 6, EO 2 states that “This executive order shall take effect immediately.” The word “shall” is a command, as opposed to “may,” the latter of which vests discretion on the public official concerned. There can be no other interpretation as regards the import of Section 6..... MORE Source:  The Daily Tribune URL: http://www.tribuneonline.org/commentary/20100820com7.html

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