Case Digest (G.R. No. 192926)
Facts:
In Atty. Elias Omar A. Sana v. Career Executive Service Board, G.R. No. 192926, November 15, 2011, promulgated December 10, 2012, the Supreme Court En Banc, Carpio, J., writing for the Court, resolved a petition for certiorari and prohibition challenging Executive Order No. 883 and CESB Resolution No. 870.Petitioner Atty. Elias Omar A. Sana assailed Executive Order No. 883 (EO 883) issued by President Gloria Macapagal‑Arroyo on 28 May 2010, which granted the rank of Career Executive Service Officer (CESO) III or higher to officers and employees occupying legal positions in the government executive service who had law graduate degrees and had passed the bar (Section 1). On 2 June 2010 the Career Executive Service Board (CESB) issued Resolution No. 870, concluding there was no legal impediment to the President’s vesting of CESO rank during the election‑appointment ban period because the conferment of a CES rank was not an “appointment” in the legal sense. The CESB endorsed recommendations and President Arroyo proceeded to vest CESO ranks to thirteen officials on 10 June 2010.
On 30 July 2010, President Benigno S. Aquino III issued Executive Order No. 3 (EO 3) expressly revoking EO 883 (Section 1) and modifying conflicting executive issuances (Section 2). Petitioner filed the present petition on 4 August 2010 seeking review of the constitutionality of EO 883 and CESB Resolution No. 870 for alleged violation of the constitutional ban on midnight appointments under Section 15, Article VII of the 1987 Constitution. The CESB and the Office of the Solicitor General (OSG) answered, the CESB defending Resolution No. 870 (relying on an opinion by Atty. Ferdinand Rafanan) and both the CESB and OSG contending that EO 3’s revocation...(Subscriber-Only)
Issues:
- Is the petition seeking review of EO 883 and CESB Resolution No. 870 moot and thus nonjusticiable?
- If not moot, did EO 883 and CESB Resolution No. 870 violate the constitutional ban on midnight appointments in Section 15, Article VII by treating vesting of CESO rank...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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