De Rama v.

Court of Appeals
353 SCRA 95
Ponente: Justice Ynares-Santiago
opic: Power of Appointment
!acts:
Upon his assumption to the position of Mayor of Pagbilao, Quezon, petitioner Conrado L.
de affia wrote a letter dated !uly "#, "$$% to the Ci&il 'er&i(e Commission )or C'C*,
see+ing the re(all of the appointments of fourteen )",* muni(ipal employees
Petitioner de affia -ustified his re(all re.uest on the allegation that, the appointments of
the said employees were /midnight/ appointments of the former mayor, Ma. 0&elyn '.
Abe-a, done in &iolation of Arti(le 122, 'e(tion "% of the "$34 Constitution
"ssue:
5hether or not the prohibition pro&ided by 'e(tion "%, Arti(le 122 applies to Lo(al
6o&ernment 7ffi(ers
#el$:
8he said prohibition pro&ided by Arti(le 122, 'e(tion "% of the Constitution applies only
to presidential appointments. 2n truth and in fa(t, there is no law that prohibits lo(al
ele(ti&e offi(ials from ma+ing appointments during the last days of his or her tenure.