04/02/2020
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same date. Javier took his oath of office on 8 November 1967, and subsequently
discharged the rights, prerogatives, and duties of the office. On 3 January 1968,
while the approval of Javier’s appointment was pending with the CSC, respondent
Purificacion C. Reyes (Reyes), as the new mayor of Malolos, sent to the CSC a letter
to recall Javier’s appointment. Reyes also designated Police Lt. Romualdo F.
Clemente as Officer-in-Charge of the police department. The CSC approved Javier’s
appointment as permanent on 2 May 1968, and even directed Reyes to reinstate
Javier. Reyes, on the other hand, pointed to the appointment of Bayani Bernardo as
Chief of Police of Malolos, Bulacan on 4 September 1967. This Court ruled that
Javier’s appointment prevailed over that of Bernardo. It cannot be said that
Bernardo accepted his appointment because he never assumed office or took his
oath.
Excluding the act of acceptance from the appointment process leads us to the very
evil which we seek to avoid (i.e., antedating of appointments). Excluding the act of
acceptance will only provide more occasions to honor the Constitutional provision in
the breach. The inclusion of acceptance by the appointee as an integral part of the
entire appointment process prevents the abuse of the Presidential power to appoint.
It is relatively easy to antedate appointment papers and make it appear that they
were issued prior to the appointment ban, but it is more difficult to simulate the
entire appointment process up until acceptance by the appointee.
Petitioners have failed to show compliance with all four elements of a valid
appointment. They cannot prove with certainty that their appointment papers were
transmitted before the appointment ban took effect. On the other hand, petitioners
admit that they took their oaths of office during the appointment ban.
Petitioners have failed to raise any valid ground for the Court to declare EO 2, or any
part of it, unconstitutional. Consequently, EO 2 remains valid and constitutional.
WHEREFORE, the petitions in G.R. Nos. 203372, 206290,
and 212030 are
DENIED, and the petition in G.R. No. 209138 is DISMISSED. The appointments of
petitioners Atty. Cheloy E. Velicaria-Garafil (G.R. No. 203372), Atty. Dindo G.
Venturanza (G.R. No. 206290), Irma A. Villanueva, and Francisca B. Rosquita (G.R.
No. 209138), and Atty. Eddie U. Tamondong (G.R. No. 212030) are declared VOID.
We DECLARE that Executive Order No. 2 dated 30 July 2010 is VALID and
CONSTITUTIONAL.
SO ORDERED.
Sereno, C. J., Velasco, Jr., Del Castillo, Villarama, Jr., Reyes, and Perlas-Bernabe,
JJ., concur.
Leonardo-De Castro, J., I join the dissent of Justice Brion.
Brion, J., see Concurring and Dissenting Opinion.
Peralta, J., I join J. Brion's dissent and on official leave.
Bersamin, J., I join the dissent of J. Brion.
Perez, J., I join J. Brion in his dissent.
Mendoza, J., I join the dissent of J. Brion.
Leonen, J., on official leave.
Jardeleza, J., no part.
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