Justice Secretary Leila de Lima said Monday the executive orders cancelling the "midnight appointments" during the previous administration will remain enforced in the absence of a temporary restraining order (TRO).
 
De Lima said Executive Order (EO) No. 2 and EO No. 3 will still be in effect in the absence of a TRO from the Supreme Court (SC), which is hearing petitions questioning the legality of the two EOs issued by President Benigno Aquino III.
 
"Legally, there is no impediment [to the implementation of the EOs] because there's no TRO. Kung very urgent ang matter at convinced ang SC sa merits ng case, it will always issue a TRO. But we're very thankful na hindi nag-issue ng TRO. So, tuloy pa rin ang [EOs],” she told reporters in an ambush interview.
 
She further said, “Under the rules, the implementation of the questioned matter ay hindi held in abeyance if there is no TRO or injunction. But, of course, that's the legal side of things.”
 
However, the former chairperson of the Commission on Human Rights admitted the government will implement the EOs in a prudent manner. "It will not rush things to avoid being labeled as arbitrary.”
 
She said they should consider the practical side of things and prudence. “So even if naniniwala kami na there is nothing that can prevent us from implementing those questioned EOs, hindi naman ibig sabihin we will no longer exercise prudence. We are making sure that it will not be hasty or arbitrary, but nothing prevents the government now from implementing them," de Lima said.
 
She stressed that until the SC rules with finality on the twin orders, the EOs enjoy the presumption of legality as set by law.
 
"The EOs enjoy the presumption of validity and regularity. It's up to those saying otherwise to prove it," de Lima said.
 
EO No. 2 revoked the appointments of officials appointed by former President Arroyo on or after March 11, 2010; those who were appointed prior to March 11 but took their oaths and assumed office after the date; or designated during a 45-day ban under the Omnibus Election Code.
 
On the other hand, EO No. 3 nullified Executive Order 883 granting career executive service rank to lawyers in the Executive Department. At least 977 suspected midnight appointments have been identified and will undergo further review by concerned Cabinet secretaries.