MENDOZA, J., dissenting:
By its decision in this case today, the majority sanctions the making of "midnight appointments" by local executives on the simplistic reasoning that Art. VII, §15[1] of the Constitution applies only to Presidents and Acting Presidents. What the majority overlooks is that Art. VII, §15 is simply an application of a broader principle that after the appointing authority has lost the elections, his is the duty of a prudent caretaker of the office, and, therefore, he should not fill positions in the government unless required by the imperatives of public service. This rule binds all, including...
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