Case Digest (G.R. No. 203372) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
The consolidated petitions involve G.R. No. 203372 filed by Atty. Cheloy E. Velicaria-Garafil, appointed State Solicitor II at the Office of the Solicitor General; G.R. No. 206290 filed by Atty. Dindo G. Venturanza, appointed City Prosecutor (Prosecutor IV) of Quezon City; G.R. No. 209138 filed by Irma A. Villanueva, appointed Administrator for Visayas of the Cooperative Development Authority, and Francisca B. Rosquita, appointed Commissioner of the National Commission on Indigenous Peoples; and G.R. No. 212030 filed by Atty. Eddie U. Tamondong, appointed member of the Subic Bay Metropolitan Authority Board. In March 2010, outgoing President Gloria Macapagal-Arroyo issued these appointments, some bearing dates before the cut-off of 11 March 2010 but officially released or accepted during the two-month “midnight” appointment ban prescribed by Section 15, Article VII of the 1987 Constitution. On 30 July 2010, President Benigno S. Aquino III promulgated Executive Order No. 2, revok Case Digest (G.R. No. 203372) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Petitioners and Their Appointments
- G.R. No. 203372 (Velicaria-Garafil)
- Appointed State Solicitor II, OSG; appointment paper dated 5 Mar 2010.
- Transmittal letter dated 8 Mar 2010 received by the Malacañang Records Office (MRO) on 13 May 2010; oath on 22 Mar 2010; assumed office on 6 Apr 2010.
- G.R. No. 206290 (Venturanza)
- Appointed Prosecutor IV (City Prosecutor), Quezon City; appointment dated 23 Feb 2010.
- Transmittal letter dated 9 Mar 2010 received by DOJ on 12 Mar 2010; oath and assumption on 15 Mar 2010.
- G.R. No. 209138 (Villanueva & Rosquita)
- Villanueva appointed Administrator for Visayas, CDA, on 3 Mar 2010; no official transmittal; oath on 13 Apr 2010.
- Rosquita appointed NCIP Commissioner on 5 Mar 2010; no official transmittal; oath on 18 Mar 2010.
- G.R. No. 212030 (Tamondong)
- Appointed SBMA Board Member on 1 Mar 2010; received appointment on 25 Mar 2010; oaths and assumption on 25 Mar 2010 and again on 6 Jul 2010.
- Executive Order No. 2 (EO 2)
- Issued 30 Jul 2010 by President Aquino, recalling/revoking all “midnight appointments” made in violation of Section 15, Article VII of the 1987 Constitution.
- Section 1(a): includes appointments dated before the cut-off (11 Mar 2010) where oath or assumption occurred on or after 11 Mar 2010; Sections 1(b)–(c): other categories; Section 2: recall and revocation; Section 3: temporary OIC designations.
- Subsequent Events and CA Proceedings
- August 2010: OSG and DOJ instruct recall of petitioners’ appointments; salaries withheld; each petitioner files petitions with the Supreme Court.
- 31 Jan 2012 SC Resolution: refers all petitions to the Court of Appeals to address issues of whether appointments were midnight, invalid, made in bad faith, or violated Civil Service Rules.
- CA Decisions (31 Aug 2012 & 28 Aug 2013): uphold EO 2’s constitutionality; dismiss petitions; in Velicaria-Garafil and Venturanza cases, defer to the Office of the President to evaluate merits; in Villanueva, Rosquita, and Tamondong cases, affirm revocations as valid midnight appointments.
Issues:
- Whether each petitioner’s appointment violated Section 15, Article VII of the 1987 Constitution (ban effective 11 Mar 2010).
- Whether EO 2’s definition and revocation of “midnight appointments” is constitutional.
- Whether any midnight appointment, regardless of circumstances or merits, is automatically void.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)