I nearly fell of my seat while reading the newly-issued Supreme Court ruling allowing President Gloria Macagapagal-Arroyo to make midnight appointments to the high court in the twilight of her presidency.

Because in that same 62-page decision, the Supreme Court explicitly states that Section 15, Article VII of the Constitution:

in effect deprives the President of his appointing power ‘two months immediately before  the next presidential elections up to the end of  his term.’

In Pres. Arroyo’s case, the court said,

the period of the ban on midnight appointments (starts) on March 10, 2010.

Wait a minute, I told myself. Didn’t General Bangit take his oath of office as Armed Forces Chief-of-Staff on March 10? I remember this because I filed a story for South China Morning Post about that, but my editor told me to hold off submitting it by one day due to lack of space.

Just to make sure I wasn’t wrong, I scoured the Office of the President website. Sure enough, it stated that on March 10, 2010:

President Gloria Macapagal Arroyo today presided over the assumption of command by new Armed Forces of the Philippines (AFP) Chief of Staff General Delfin N. Bangit, who she said, will ensure the continuity of the military’s role in keeping the nation strong.

“Congratulations,” the President said to Bangit as the latter assumed the AFP command from Gen. Victor Ibrado, who retired today upon reaching his mandatory retirement age of 56. It was Ibrado’s 56th birthday today.

General Bangit’s appointment therefore took place on the first day of the constitutional ban on presidential appointments. But the ban allows for one exception, according to the same court ruling issued just the other day, March 16, 2010:

“The exception (to the ban) allows only the making of temporary appointments to executive positions when continued vacancies will prejudice public service or endanger public safety.”

Going by that ruling, General Bangit’s appointment is only temporary and will lapse by June 30, when President Arroyo’s term also lapses. Not when he turns 56.

Hmmm.

Will all the other military appointments following that of General Bangit also lapse on that day? Bet you’d like to know, generals.