04/02/2020
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Effect of the Issuance of EO 2
G.R. No. 203372
On 5 August 2010, Jose Anselmo Cadiz assumed office as Solicitor General (Sol.
Gen. Cadiz). On 6 August 2010, Sol. Gen. Cadiz instructed a Senior Assistant
Solicitor General to inform the officers and employees affected by EO 2 that they
were terminated from service effective the next day.
Atty. Velicaria-Garafil reported for work on 9 August 2010 without any knowledge of
her termination. She was made to return the office-issued laptop and cellphone, and
was told that her salary ceased as of 7 August 2010. On 12 August 2010, Atty.
Velicaria-Garafil was informed that her former secretary at the OSG received a copy
of a memorandum on her behalf. The memorandum, dated 9 August 2010, bore the
subject “Implementation of Executive Order No. 2 dated 30 July 2010” and was
addressed to the OSG’s Director of Finance and Management Service.
Atty. Velicaria-Garafil filed a petition for certiorari (G.R. No. 193327) before this
Court on 1 September 2010. The petition prayed for the nullification of EO 2, and for
her reinstatement as State Solicitor II without loss of seniority, rights and privileges,
and with full backwages from the time that her salary was withheld.[26]
G.R. No. 206290
On 1 September 2010, Atty. Venturanza received via facsimile transmission an
undated copy of DOJ Order No. 556. DOJ Order No. 556, issued by DOJ Secretary
Leila M. De Lima (Sec. De Lima), designated Senior Deputy State Prosecutor Richard
Anthony D. Fadullon (Pros. Fadullon) as Officer-in-Charge of the Office of the City
Prosecutor in Quezon City. In a letter to Sec. De Lima dated 15 September 2010,
Atty. Venturanza asked for clarification of his status, duties, and functions since DOJ
Order No. 556 did not address the same. Atty. Venturanza also asked for a status
quo ante order to prevent Pros. Fadullon from usurping the position and functions of
the City Prosecutor of Quezon City. Atty. Venturanza also wrote a letter to President
Aquino on the same day, and sought reaffirmation of his promotion as City
Prosecutor of Quezon City.
On 6 October 2010, Atty. Venturanza received a letter dated 25 August 2010 from
Sec. De Lima which directed him to relinquish the office to which he was appointed,
and to cease from performing its functions.
Atty. Venturanza filed a Petition for Certiorari, Prohibition, Mandamus with Urgent
Prayer for Status Quo Ante Order, Temporary Restraining Order and/or Preliminary
Mandatory Injunction (G.R. No. 193867) before this Court on 14 October 2010.[27]
G.R. No. 209138
The OP withheld the salaries of Villanueva and Rosquita on the basis of EO 2. On 3
August 2010, Villanueva and Rosquita sought to intervene in G.R. No. 192991.[28]
On 1 October 2010, Executive Secretary Paquito N. Ochoa, Jr. revoked Rosquita’s
appointment as NCIP Commissioner.[29] On 13 October 2010, Villanueva and
Rosquita notified this Court that they wanted to intervene in Atty. Tamondong’s
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