04/02/2020
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[39] Rollo (G.R. No. 203372), pp. 24 and 29; rollo (G.R. No. 209138), pp. 7-8.
[40] Citing In Re: Seniority Among the Four 94) Most Recent Appointments to the
Position of Associate Justices of the Court of Appeals, A.M. No. 10-4-22-SC,
September 28, 2010, 631 SCRA 382, 387, citing Valencia v. Peralta, Jr., 118 Phil.
691 (1963).
[41] Rollo (G.R. No. 206290), pp. 59-60.
[42] Rollo (G.R. No. 209138), pp. 10-11, 13.
[43] Citing Rule IV, Section 1 of 1998 Revised Omnibus Rules on Appointment and
Other Personnel Actions.
[44] Petitioner Garafil particularly claims that “[o]n March 5, 2010, President Gloria
Macapagal-Arroyo issued the appointment letter of the petitioner… the act being
prohibited is the president or acting president’s act of making appointments” (Rollo
[G.R. No. 203372], p. 17). On the other hand, petitioner Venturanza claims that “an
appointment is perfected upon its issuance by the appointing authority which in this
case is on 23 February 2010” (Rollo [G.R. No. 206290], p. 60). Petitioners
Villanueva and Rosquita claim that “Indeed, an appointment becomes complete
when the last act required by law of the appointing power has been performed x x x
In the [present] case, the ‘last act’ required of the appointing power – President
Arroyo – was her issuance of the appointments.” (Rollo [G.R. No. 209138], p. 11).
[45] Citing the legal opinion of the CSC Policies Office; rollo (G.R. No. 209138), p.
13.
[46] Rollo (G.R. No. 212030), p. 20.
[47] Rollo (G.R. No. 203372), p. 21; rollo (G.R. No. 206290), pp. 60-62; rollo (G.R.
No. 209138), pp. 11-12.
[48] Rollo (G.R. No. 203372), pp. 33-35.
[49] Id. at 25-26.
[50] Citing Sales v. Carreon, G.R. No. 160791, February 13, 2007, 515 SCRA 601,
603-604.
[51] Rollo (G.R. No. 203372), pp. 25-26; rollo (G.R. No. 206290), pp. 59-60, 62-63,
65-67.
[52] Id. at 37-39 (G.R. No. 203372); id. at 67 (G.R. No. 206290).
[53] The OSG alleged that the hologram numbers imprinted on the appointment
papers of the other “midnight appointees” evince irregularity such that the hologram
numbers of the appointment papers supposedly signed on the same date are not in
series; that more than eight hundred (800) appointments were signed by GMA in
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