04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly appointment had extenuating circumstances that might make it fall outside the ambit of EO 2. The dispositive portion of the CA’s Decision reads: WHEREFORE, the petition for certiorari and mandamus [is] DENIED. Executive Order No. 2, dated July 30, 2010, is NOT unconstitutional. The issue on whether or not to uphold petitioner’s appointment as State Solicitor II at the OSG is hereby referred to the Office of the President which has the sole authority and discretion to pass upon the same. SO ORDERED.[35] G.R. No. 206290 (CA-G.R. SP No. 123659) The CA promulgated its Decision in CA-G.R. SP No. 123659 on 31 August 2012. The CA ruled that EO 2 is not unconstitutional. Like its Decision in CA-G.R. SP No. 123662, the CA relied on Sales v. Carreon[36] in ruling that the OP should evaluate whether Atty. Venturanza’s appointment had extenuating circumstances that might make it fall outside the ambit of EO 2. The dispositive portion of the CA’s Decision reads: WHEREFORE, the petition for certiorari, prohibition and mandamus [is] DENIED. Executive Order No. 2, dated July 30, 2010, is NOT unconstitutional. The issue on whether or not to uphold petitioner’s appointment as City Chief Prosecutor of Quezon City is hereby referred to the Office of the President which has the sole authority and discretion to pass upon the same. SO ORDERED.[37] G.R. No. 209138 The CA ruled on Villanueva and Rosquita’s Petition-in-Intervention through a Decision in CA-G.R. SP Nos. 123662, 123663, and 123664 promulgated on 28 August 2013. The CA stated that Villanueva and Rosquita were midnight appointees within the contemplation of Section 15, Article VII of the 1987 Constitution. The letter issued by the CSC that supported their position could not serve as basis to restore them to their respective offices. The dispositive portion of the CA’s Decision reads: WHEREFORE, premises considered, the instant Petition is hereby DISMISSED. Executive Order No. 2 is hereby declared NOT UNCONSTITUTIONAL. Accordingly, the revocation of PetitionersIntervenors Irma Villanueva and Francisca Rosquita [sic] appointment[s] as Administrator for Visayas of the Board of Administrators of the elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/60717 9/75