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BAI OMERA D.

DIANALAN-LUCMAN
Petitioner,

-versus-

EXECUTIVE SECRETARY PAQUITO OCHOA


Respondent,

G.R. No. 193519

CLASS REPORT - Legal History


Francisco Ashley L. Acedillo
Facts of the Case

Prior to the conduct of the May 2010 elections,


then President Gloria Macapagal-Arroyo
(President Arroyo) issued more than 800
appointments to various positions in several
government offices.
Facts of the Case
The ban on midnight appointments in Section 15, Article VII
of the 1987 Constitution reads:

Two months immediately before the next presidential


elections and up to the end of his term, a President or Acting
President shall not make appointments, except temporary
appointments to executive positions when continued
vacancies therein will prejudice public service or endanger
public safety.
Facts of the Case
Thus, for purposes of the 2010 elections, 10 March
2010 was the cutoff date for valid appointments and
the next day, 11 March 2010, was the start of the
ban on midnight appointments.

Section 15, Article VII of the 1987 Constitution


recognizes as an exception to the ban on midnight
appointments only "temporary appointments to
executive positions when continued vacancies
therein will prejudice public service or endanger
public safety."
Facts of the Case
Part of EO 2 reads:

EXECUTIVE ORDER NO. 2

RECALLING, WITHDRAWING, AND REVOKING APPOINTMENTS ISSUED BY THE


PREVIOUS ADMINISTRATION IN VIOLATION OF THE CONSTITUTIONAL BAN ON
MIDNIGHT APPOINTMENTS, AND FOR OTHER PURPOSES.

WHEREAS, Sec. 15, Article VII of the 1987 Constitution provides that "Two months
immediately before the next presidential elections and up to the end of his term, a
President or Acting President shall not make appointments, except temporary
appointments to executive positions when continued vacancies therein will prejudice
public service or endanger public safety."; WHEREAS, in the case of "In re:
Appointments dated March 30, 1998 of Hon. Mateo Valenzuela and Hon. Vallarta
as Judges of the Regional Trial Court of Branch 62 of Bago City and Branch 24 of
Cabanatuan City, respectively" (A.M. No. 98-5-01-SC Nov. 9, 1998), the Supreme
Court interpreted this provision to mean that the President is neither required to make
appointments nor allowed to do so during the two months immediately before the next
presidential elections and up to the end of her term. The only known exceptions to
this prohibition are (1) temporary appointments in the executive positions when
continued vacancies will prejudice public service or endanger public safety and
in the light of the recent Supreme Court decision in the case of De Castro, et al.
vs. JBC and PGMA, G.R. No. 191002, 17 March 2010, (2) appointments to the
Judiciary;
Facts of the Case
- XXX - NOW, THEREFORE, I, BENIGNO S. AQUINO III, by virtue of the powers
vested in me by the Constitution as President of the Philippines, do hereby order
and direct that:

SECTION 1. Midnight Appointments Defined. - The following appointments made by the


former President and other appointing authorities in departments, agencies, offices, and
instrumentalities, including government-owned or controlled corporations, shall be
considered as midnight appointments:

(a) Those made on or after March 11, 2010, including all appointments bearing dates
prior to March 11, 2010 where the appointee has accepted, or taken his oath, or
assumed public office on or after March 11, 2010, except temporary appointments in
the executive positions when continued vacancies will prejudice public service or
endanger public safety as may be determined by the appointing authority.

(b) Those made prior to March 11, 2010, but to take effect after said date or
appointments to office that would be vacant only after March 11, 2010.

(c) Appointments and promotions made during the period of 45 days prior to the
May 10, 2010 elections in violation of Section 261 of the Omnibus Election Code.

SECTION 2. Recall, Withdraw, and Revocation of Midnight Appointments. Midnight


appointments, as defined under Section 1, are hereby recalled, withdrawn, and
revoked. The positions covered or otherwise affected are hereby declared vacant.
Facts of the Case
The National Commission on Muslim Filipinos (NCMF) was created
pursuant to Republic Act (R.A.) No. 9973 which took effect on
March 7, 2010. Section 3 thereof abolished the Office of the Muslim
Affairs (OMA) and created the NCMF to take over its functions. The
NCMF, pursuant to Section 4 of R.A. No. 9997, is mandated to
preserve and develop the culture, tradition, institutions, and
wellbeing of the Muslim Filipinos

On March 8, 2010, then President Gloria Macapagal-Arroyo


appointed petitioner Dianalan-Lucman to the NCMF as
Commissioner, with a fixed term of 4 years, and as Secretary
with cabinet rank, for a term of 2 years. Petitioner took her oath
in said capacities on March 10, 2010 before Executive Secretary
Leandro R. Mendoza

On March 26, 2010, the formal turnover from the OMA to the NCMF
was effected, highlighted by the convening of the 1st Organizational
Meeting of the NCMF Officials and Commissioners
NCMF
Facts of the Case
On July 30, 2010, Malacaang issued EO No. 2 signed by President
Benigno Aquino III. EO No. 2, which took effect immediately
pursuant to Section 6 thereof

Petitioner was declared as a midnight appointee pursuant to EO No.


2. Consequently, her appointment was recalled, withdrawn and
revoked. The positions of the NCMF Commissioner and Secretary
were likewise declared vacant

On September 13, 2010, on the basis of EO No. 2, Malacaang


appointed Dr. Hamid A. Barra, as Secretary and Commissioner of
the NCMF replacing the petitioner and prompting her to file on
September 16, 2010 the instant civil action for prohibition and
mandamus with prayer for the urgent issuance of the TRO before the
Supreme Court

On October 12, 2010 the Supreme Court issued a Status Quo Ante
Order requiring respondents and its agents to observe the status
quo prevailing before the issuance of EO No. 2
SQAO, SC En Banc
SQAO, SC En Banc
SQAO, SC En Banc
G.R. No. 203372 June 16, 2015

ATTY. CHELOY E. VELICARIA-GARAFIL, Petitioner,

vs.

OFFICE OF THE PRESIDENT and HON. SOLICITOR GENERAL JOSE ANSELMO I. CADIZ, Respondents.

x-----------------------x

G.R. No. 206290

ATTY. DINDO G. VENTURANZA, Petitioner,

vs.

OFFICE OF THE PRESIDENT, LEILA M. DE LIMA, in her capacity as the Secretary of the Department of Justice, CLARO A.
ARELLANO, in his capacity as the Prosecutor General, and RICHARD ANTHONY D. FADULLON, in his capacity as the Officer-
in-Charge of the Office of the City Prosecutor of Quezon City, Respondents.

x-----------------------x

G.R. No. 209138

IRMA A. VILLANUEVA and FRANCISCA B. ROSQUITA, Petitioners,

vs.

COURT OF APPEALS and THE OFFICE OF THE PRESIDENT, Respondents.

x-----------------------x

G.R. No. 212030

EDDIE U. TAMONDONG, Petitioner,

vs.

EXECUTIVE SECRETARY PAQUITO N. OCHOA, JR., Respondent.


BACKGROUND

Petitioners (not including Lucman) sought the


reversal of the separate Decisions of the Court of
Appeals (CA) dated August 2013 in CA-G.R. SP
Nos. 123662, 123663, and 123664:

> CA-G.R. SP No. 123662 (Atty. Velicaria-Garafil);

> CA-G.R. SP No. 123663 (Bai Omera D. Dianalan-


Lucman); and

> CA-G.R. SP No. 123664 (Atty. Tamondong)


ISSUE (s)
1. Whether or not petitioners appointment, issued
and accepted before the midnight appointment
ban, is a prohibited midnight appointment if
assumption of office is made during the period of
the ban.

2. Whether or not EO No. 2, in whole or in part, is


unconstitutional as it unduly expands the nature,
scope and coverage of midnight appointments.
RATIO
Presidents Rule-Making Power vis--vis Judicial Power

> The CA underscored that the President issued the challenged EO


in implementing a constitutional provision covering a power
undisputedly belonging to the Chief Executive, that is, the Power to
Appoint

> Consequently, the Court of Appeals proceeded with caution in the


determination of whether there was grave abuse of discretion on the
part of the Chief Executive, lest it offend the time-honored principle
on separation of powers

> There was no undue expansion of the Constitutional provision on


midnight appointments but merely a practical clarification thereof
contrary to petitioners contention

> EO No. 2 does not transgress the Constitution


RATIO
Despite the constitutionality of E.O. No. 2,
Petitioners appointment was, however, erroneously
recalled.

> The CA ruled that Lucman was already validly appointed


prior to the election ban.

> Based on the peculiar circumstances of the case, the


Court ruled that petitioner validly assumed office prior to
the prohibited period. On the basis of R.A. No. 9997 which
took effect on March 7, 2010, petitioner was appointed by
then President Arroyo as Commissioner, on March 8,
2010. Petitioner took her oath before Executive Secretary
Mendoza on March 10, 2010.
THANK YOU!

Any Questions?
CLASS REPORT - Legal History
Francisco Ashley L. Acedillo