Case Digest (G.R. No. 149036) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
On February 2, 1999, Ma. J. Angelina G. Matibag was appointed Acting Director IV of the Education and Information Department (EID) of the Commission on Elections (COMELEC). Her temporary appointment was renewed on February 15, 2000 by Chairperson Harriet Demetriou and again on February 15, 2001 by Commissioner Rufino S.B. Javier. Meanwhile, 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 COMELEC Commissioners, each for seven-year terms expiring February 2, 2008. Because the Commission on Appointments did not act before Congress adjourned, the President renewed these ad interim appointments on June 1, June 8, and again on September 6, 2001, with each appointee taking oath each time. On April 11, 2001, Chairperson Benipayo issued a memorandum designating Velma J. Cinco Officer-in-Charge of the EID and reassigning Matibag to the COMELEC Law Depar Case Digest (G.R. No. 149036) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Petitioner’s Positions and Appointments
- February 2, 1999 – Ma. J. Angelina G. Matibag is appointed Acting Director IV of the Education and Information Department (EID) of COMELEC.
- February 15, 2000 & February 15, 2001 – Her temporary appointment as Director IV, EID, is renewed by Chairperson Demetriou and Commissioner Javier.
- COMELEC Vacancies and Ad Interim Appointments
- March 22, 2001 – President Arroyo ad interim appoints Alfredo L. Benipayo as Chairman and Resurreccion Z. Borra & Florentino A. Tuason, Jr. as Commissioners, terms expiring February 2, 2008; Commission on Appointments takes no action.
- June 1 & June 8, 2001 – President reissues ad interim appointments; appointees retake oaths; Congress adjourns without confirming.
- Reassignment and Administrative Protests
- April 11, 2001 – Chairman Benipayo issues memorandum designating Velma J. Cinco Officer-in-Charge of EID and reassigning Matibag to the Law Department.
- April 16–23, 2001 – Matibag requests reconsideration; is denied; appeals to the en banc; files administrative/criminal complaint against Benipayo for improper transfer during the election period.
- Petition Before the Supreme Court
- August 3, 2001 – Matibag files a Rule 65 petition challenging (a) constitutionality of the ad interim appointments, (b) her removal and reassignment, (c) Cinco’s OIC designation, and (d) salary disbursements by the Finance Services OIC.
- September 6, 2001 – President again renews the ad interim appointments; Matibag’s petition is opposed by respondents.
Issues:
- Judicial Review Prerequisites
- Does Matibag have standing, and are there an actual controversy, earliest opportunity, and lis mota to invoke this Court’s constitutional review?
- Nature of Ad Interim Appointments
- Do ad interim appointments to COMELEC constitute prohibited “temporary or acting” appointments under Article IX-C, Section 1(2)?
- Renewal and Reappointment Prohibition
- Do successive renewals of the ad interim appointments breach the constitutional ban on reappointment for COMELEC members?
- Authority to Reassign Matibag
- Did Chairman Benipayo exceed his authority by reassigning Matibag without en banc approval or due process, and violate Section 261(h) of the Omnibus Election Code?
- Legality of Disbursements
- Did Finance Services OIC Gideon C. De Guzman act in excess of jurisdiction by paying salaries and emoluments to Benipayo, Borra, Tuason, and Cinco?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)