Malacañang could proceed with the implementation of Executive Order (EO) No. 2 for now after two appointees of former President Gloria Macapagal Arroyo failed on Tuesday in their bid to secure a temporary restraining order (TRO) from the Supreme Court (SC) against the presidential order.

Court Administrator and SC Spokesman Jose Midas Marquez said the High Court did not immediately issue a TRO against EO 2, which revoked the “midnight appointments” issued by the former President, during its regular full court session on Tuesday.

He said the SC nevertheless ordered Executive Secretary Paquito Ochoa Jr. to comment on the petitions separately filed by Assistant Secretary Jose Arturo De Castro of the Department of Justice (DoJ) and Director Eddie Tamondong of the Subic Bay Metropolitan Authority (SBMA).

Both De Castro and Tamondong are Arroyo appointees. Their appointments were said to be covered by the ban on midnight appointments, which was from March 10 or two months before the May 10 elections up to June 30 when Arroyo stepped down.

Marquez said Ochoa was given a “non-extendible period of 10 days” to respond to the petitions.

Ochoa was the sole respondent in the petitions seeking to nullify EO 2.

“There was no TRO issued yet by the Court, but the respondent was ordered to comment on the two petitions within a non-extendible period of 10 days,” Marquez said.

Signed by President Benigno S. Aquino III on July 30, EO 2 revoked the appointments made by the previous administration allegedly after March 10, two months before the national election.

At least 977 suspected midnight appointments have been identified and will undergo further review by concerned Cabinet secretaries.