Case Digest (G.R. No. 149036)
Facts:
Ma. J. Angelina G. Matibag v. Alfredo L. Benipayo, Resurreccion Z. Borra, Florentino A. Tuason, Jr., Velma J. Cinco, and Gideon C. De Guzman, G.R. No. 149036, April 02, 2002, the Supreme Court En Banc, Carpio, J., writing for the Court.Petitioner Ma. J. Angelina G. Matibag was serving as Acting Director IV of the Commission on Elections (COMELEC) Education and Information Department (EID) by successive temporary appointments (February 2, 1999; February 15, 2000; February 15, 2001). On March 22, 2001, President Gloria Macapagal Arroyo issued ad interim appointments of Alfredo L. Benipayo as COMELEC Chairman and Resurreccion Z. Borra and Florentino A. Tuason, Jr. as Commissioners (terms fixed to expire February 2, 2008); these appointees took their oaths and their nominations were transmitted to the Commission on Appointments (CA) but the CA did not act before Congress adjourned. The President renewed their ad interim appointments on June 1, 2001, again on June 8, 2001, and once more on September 6, 2001; each time the appointees re‑qualified and assumed office.
As COMELEC Chairman, Benipayo issued a memorandum dated April 11, 2001 reassigning petitioner from EID to the Law Department and designating Velma J. Cinco Officer‑in‑Charge of the EID. Commissioner Mehol K. Sadain objected to the reassignment, and petitioner sought reconsideration (citing Civil Service Memorandum Circular No. 7, s. 2001) and later filed an administrative and criminal complaint with the COMELEC Law Department alleging violations of the Omnibus Election Code and related rules. Benipayo denied reconsideration, citing COMELEC Resolution No. 3300 (Nov. 6, 2000), which authorized necessary appointments and reassignments during the election period.
While administrative processes were pending, petitioner filed an original petition for prohibition with prayer for preliminary injunction and a temporary restraining order under Rule 65 of the 1997 Rules of Civil Procedure in the Supreme Court, challenging (1) the constitutionality of the ad interim appointments and right to hold office of Benipayo, Borra and Tuason; (2) the appointment of Cinco as Officer‑in‑Charge of EID; (3) the legality of petitioner’s reassignment; and (4) the legality of disbursements of salaries/emoluments to respondents by Gideon C. De Guzman, Officer‑in‑Charge of the COM...(Pro-only)
Issues:
- Does the petition satisfy the procedural requisites for the Supreme Court to exercise judicial review in constitutional cases (standing, timeliness, lis mota, earliest opportunity)?
- Do the ad interim appointments of Benipayo, Borra and Tuason to the COMELEC constitute temporary or acting appointments prohibited by Section 1(2), Article IX‑C of the 1987 Constitution?
- Do the renewals of the ad interim appointments and repeated assumptions of office by Benipayo, Borra and Tuason violate the constitutional prohibition on reappointment under Section 1(2), Article IX‑C?
- Did Benipayo lack authority, as Chairman, to reassign petitioner from Director IV of EID to the Law Department without the COMELEC en banc’s approval?
- Did Gideon C. De Guzman act in excess of jurisdiction by cont...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)