04/02/2020
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that dismissed their petitions and upheld the constitutionality of EO 2. G.R. No.
203372 filed by Atty. Velicaria-Garafil is a Petition for Review on Certiorari,[1]
assailing the Decision[2] dated 31 August 2012 of the CA in CA-G.R. SP No. 123662.
G.R. No. 206290 filed by Atty. Venturanza is a Petition for Review on Certiorari,[3]
assailing the Decision[4] dated 31 August 2012 and Resolution[5] dated 12 March
2013 of the CA in CA-G.R. SP No. 123659. G.R. No. 209138 filed by Villanueva and
Rosquita is a Petition for Certiorari,[6] seeking to nullify the Decision[7] dated 28
August 2013 of the CA in CA-G.R. SP Nos. 123662, 123663, and 123664.[8]
Villanueva and Rosquita filed a Petition-in-Intervention in the consolidated cases
before the CA. G.R. No. 212030 is a Petition for Review on Certiorari,[9] assailing the
Decision[10] dated 31 August 2012 of the CA in CA-G.R. SP No. 123664 and
Resolution[11] dated 7 April 2014 of the CA in CA-G.R. SP Nos. 123662, 123663, and
123664.[12]
Facts of the Cases
Prior to the conduct of the May 2010 elections, then President Gloria MacapagalArroyo (President Macapagal-Arroyo) issued more than 800 appointments to various
positions in several government offices.
The ban on midnight appointments in Section 15, Article VII of the 1987 Constitution
reads:
Two months immediately before the next presidential elections and up to
the end of his term, a President or Acting President shall not make
appointments, except temporary appointments to executive positions
when continued vacancies therein will prejudice public service or
endanger public safety.
Thus, for purposes of the 2010 elections, 10 March 2010 was the cut-off date for
valid appointments and the next day, 11 March 2010, was the start of the ban on
midnight appointments. Section 15, Article VII of the 1987 Constitution recognizes
as an exception to the ban on midnight appointments only “temporary appointments
to executive positions when continued vacancies therein will prejudice public service
or endanger public safety.” None of the petitioners claim that their appointments fall
under this exception.
Appointments
G.R. No. 203372
The paper evidencing Atty. Velicaria-Garafil’s appointment as State Solicitor II at the
OSG was dated 5 March 2010.[13] There was a transmittal letter dated 8 March 2010
of the appointment paper from the Office of the President (OP), but this transmittal
letter was received by the Malacañang Records Office (MRO) only on 13 May 2010.
There was no indication as to the OSG’s date of receipt of the appointment paper.
On 19 March 2010, the OSG’s Human Resources Department called up Atty.
Velicaria-Garafil to schedule her oath-taking. Atty. Velicaria-Garafil took her oath of
office as State Solicitor II on 22 March 2010 and assumed her position on 6 April
2010.
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60717
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