Philippine Supreme Court Resolutions > Year 2010 > October 2010 Resolutions > [G.R. No. 191915 : October 19, 2010] PHILIPPINE BAR ASSOCIATION V. HER EXCELLENCY GLORIA MACAPAGAL-ARROYO, AS PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES, HON. LEANDRO R. MENDOZA, AS EXECUTIVE SECRETARY, ET AL. [G.R. NO. 192080] SATURNINO C. OCAMPO AND LIZA L. MASA VS. HON. GLORIA MACAPAGAL ARROYO, PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES, HON. NORBERTO GONZALES, ACTING SECRETARY OF DND, ET. AL. :

Please take notice that the Court en banc issued a Resolution dated OCTOBER 19, 2010, which reads as follows:

"G.R. No. 191915 (Philippine Bar Association v. Her Excellency Gloria Macapagal-Arroyo, as President of the Republic of the Philippines, Hon. Leandro R. Mendoza, as Executive Secretary, et al.) and G.R. No. 192080 (Saturnino C. Ocampo and Liza L. Masa vs. Hon. Gloria Macapagal Arroyo, President of the Republic of the Philippines, Hon. Norberto Gonzales, Acting Secretary of DND, et. al.). - Before this Court is the petition for certiorari and prohibition dated May 4, 2010 filed by the Philippine Bar Association (PBA) and the petition for certiorari and prohibition with Application for Temporary Restraining Order/Writ of Preliminary Injunction dated May 7, 2010 filed by Saturnino C. Ocampo (Ocampo) and Liza L. Maza (Maza), which both seek to nullify and declare unconstitutional the appointment/promotion/transfers of Delfin N. Bangit, Reynaldo B. Mapagu and Feliciano A. Angue.

In their Petitions, both the PBA and Ocampo and Maza assailed the constitutionality and legality of the appointments of Delfin N. Bangit, Commanding General of the Philippine Army, as Chief of Staff of the Armed Forces of the Philippines. Petitioner Philippine Bar Association likewise assailed the appointments of Reynaldo B. Mapagu, Commander of the AFP National Capital Region Command (NCRCOM), as the Commanding General of the Philippine Army and Feliciano A. Angue, Chief of Naval Staff of the Philippine Navy, as Commander of the AFP NCRCOM. Petitioners argued that then President Gloria Macapagal-Arroyo made their appointments in violation of the constitutional prohibition against midnight appointment under Section 15, Article VII of the Constitution, thus, void, unconstitutional and illegal.

On June 15, 2010, the Court resolved to (1) require the respondents to comment on the instant petitions; and (2) consolidate G.R. No. 192080 with G.R. No. 191915.

In their Comment dated May 9, 2010, respondents alleged that President Macapagal-Arroyo cannot be sued during her tenure of office as she is immune from suit. Respondents likewise countered that the appointments of Bangit and Mapagu are only acting or temporary appointments; thus, they are excluded from the prohibited "midnight appointment." Moreover, respondents reasoned out that what the law prohibits are appointments made "two months immediately before the next presidential elections;" thus, strictly speaking, "two (2) months before May 10, 2010," or March 11, 2010. However, in the case of the disputed appointments, it was made on March 10, 2010. Hence, respondents pray that the petition be dismissed for lack of merit.

On September 8, 2010, however, petitioner PBA manifested, as per certifications issued by the Armed Forces of the Philippines, that Gen. Bangit had already submitted his application for early retirement and that actual retirement and that actual retirement and turn-over ceremonies took place in Camp Aguinaldo. Moreover, it stated that Gen. Mapagu had already vacated the position of Army Commander and had assumed the post of AFP Vice Chief of Staff instead. Similarly, Rear Admiral Angue was likewise no longer the Commander of the NCRCOM and was later on named the Naval Forces Western Mindanao Commander.

To date, petitioners Ocampo and Maza have yet to file a similar manifestation as to the recent developments as alleged by petitioner PBA.

In view of the foregoing, considering the similarity of both petitions' causes of action and the recent developments which rendered the instant petitions moot, we deem it proper to dismiss the instant petitions.

ACCORDINGLY, the instant petitions for certiorari and prohibition dated May 4, 2010 and May 7, 2010, are DISMISSED for being moot and academic.

The Court further Resolves to CONSIDER as SERVED the resolutions dated July 20, 2010, August 3, 2010 and August 10, 2010, addressed to the Commander, AFP NARCOM, Camp General Emilio Aguinaldo, Quezon City, which resolutions were returned unserved with notation on the letter envelopes 'RTS-Insufficient Address.'" Carpio Morales and Abad, JJ., on leave.