In keeping with his campaign promise to undo the wrongs of his predecessor, President Benigno C. Aquino III has revoked at least 977 midnight appointments made by former President Gloria Macapagal Arroyo in government agencies, including government-owned or -controlled corporations.

The President, however, stopped short of prosecuting his predecessor over her numerous appointments that violated the constitutional ban on midnight appointments and would instead fill the vacant posts with his own appointees.

In Executive Order No. 2 signed last July 30, the President declared vacant the appointments made on or after March 11, including those made prior to March 11 where the appointee accepted, took his oath or assumed public office on or after March 11 in government departments and agencies.

Also nullified were appointments made prior to March 11 but took effect after said date or appointments to office that would be vacant only after March 11, 2010.

Appointments and promotions made during the period of 45 days prior to the May 10, 2010 elections in violation of Section 261 of the Omnibus Election Code was also covered in EO 2 released to media on Thursday.

EO 2 noted that the Constitution bans a president from making appointments two months immediately before the next presidential elections and up to the end of the term. Exempted from the ban are temporary appointments to executive posts when vacancies will prejudice public service or endanger public safety.

“It appears on record that a number of appointments were made on or about March 10, 2010 in complete disregard of the intent and spirit or the constitutional ban on midnight appointment and which deprives the new administration of the power to make its own appointment,” the order read.

“In order to strengthen the civil service system, it is a necessity to uphold the principle that appointments to the civil service must be made on the basis of merit and fitness, it is imperative to recall, withdraw, and revoke all appointments made in violation of the letter and spirit of the law,” it added.

In EO 2, the President empowered Executive Secretary Paquito Ochoa Jr. to designate an officer-in-charge to perform the duties of any of those whose appointment has been recalled until a permanent replacement is appointed.

Chief Presidential Legal Counsel Eduardo de Mesa, meantime, disclosed that some of the 977 midnight appointees have already vacated their posts but could not give the exact number. He could not also immediately say how many remaining midnight appointees are still working in government. Cabinet secretaries are expected to submit a list of midnight appointees covered by EO this week.

He said the midnight appointments range from the positions of undersecretaries, assistant secretaries, directors, to prosecutors. To lessen the headache of the President, he also urged those covered by EO 2 to voluntarily resign from their positions.

EO 2 does not include those appointments made by former President Arroyo in the judiciary, including that of Chief Justice Renato Corona which Mr. Aquino previously refused to recognize.

De Mesa also made clear that former President Arroyo could not be held liable for the midnight appointments since she enjoyed immunity at that time. He said all the new administration could do is to nullify her midnight appointments.